Ohio AG warns student protesters could face felony charges under little known anti-KKK law

COLUMBUS, Ohio (WSYX) — Sharp criticism has been aimed at Ohio Attorney General Dave Yost in response to a letter he sent to the state's public universities this week.

The letter warns that student protesters wearing face coverings could face felony charges under a little-known law to deter Ku Klux Klan demonstrations. The local president of the NAACP told WSYX that to connect current protests to a law meant to fight the Klan is disrespectful to African Americans.

The "Prohibition Against Conspiracy While Wearing a Disguise Law" took effect in Ohio back in 1953. It was meant to address acts of violence by the KKK, but now the law could be used to target protesters on college campuses.

For weeks, anti-Israel protesters have gathered on college campuses across the country, including Ohio State University.

A number of people have been arrested on the OSU campus and face misdemeanor trespassing charges.

In this letter sent to the state's public universities this week, Yost advised administrators that a law written to deter KKK demonstrations could be used to impose felony charges on those wearing face coverings while protesting.

The law is summed up in one sentence: “No person shall unite with two or more others to commit a misdemeanor while wearing white caps, masks, or other disguise.”

In his letter to the universities, Yost wrote that violating this “anti-disguise” law is punishable by a fourth-degree felony charge and up to $5,000 in fines.

Nana Watson, president of the Columbus branch of the NAACP, said she thinks the idea of using a law meant to address the violence of the Klan in the 1950s to deal with protesters in 2024 is out of line and out of touch.

"I think it's out of line. I think it's really insincere. I think it's extremely disrespectful to Black people," said Watson.

As far as OSU is concerned, a university spokesman told WSYX that they have received the letter and are reviewing it.

OSU president Ted Carter spoke about the letter earlier this week.

"Obviously, we'll take a look at it, but we're not doing anything or taking any particular action on it," Carter said.

In a Fox News appearance, Yost indicated the letter was simply legal advice.

"All the letter does is say, hey, don't become an accidental felon," he said. "Ohio has a law here, and incidentally, it's not even implicated unless you're committing a criminal act and another criminal act with two or more people while wearing a mask. I don't understand how advising someone not to become a law-abiding citizen is intimidating or disgusting."

At this point, all of those arrested at recent protests at OSU are not facing felony charges. Now that this law has come to the attention of university administrators and protesters it's unclear how this could impact any future demonstrations on college campuses statewide.