TRENTON, N.J. — Days before violent brawls erupted across the Jersey Shore over Memorial Day weekend, Gov. Phil Murphy vetoed a bill that would have created a new crime for inciting public fights, citing concerns about the impact on First Amendment rights and protections for individuals wearing face coverings.
Assembly Bill 4652, which passed the Assembly Public Safety and Preparedness Committee, sought to establish the crime of inciting a public brawl and increase penalties for disorderly conduct at public events. The legislation would have made it a fourth-degree crime to purposefully organize or promote a group of four or more people to cause a disruption at a public gathering.
It also targeted individuals who concealed their identity during such disturbances to avoid prosecution. That’s the key reason the governor said he vetoed the bill.
According to the bill, “Concealing identity. A person who attempts to conceal or conceals the person’s identity by wearing a mask or disguise while engaging in a course of disorderly conduct, as defined in subsection a. of this section, with purpose to instill fear, hinder prosecution or avoid apprehension is guilty of a disorderly persons offense. d Disturbance at a public gathering. A person who acts with purpose to disrupt or cause a disturbance at a public gathering or event or who engages in behavior knowing that it will disrupt or cause a disturbance at a public gathering or event is guilty of a disorderly persons offense.“
Murphy demands lawmakers carveout the prohibitions on concealing one’s identity during a public brawl.
The bill’s rejection came just days before a deadly and chaotic holiday weekend in Seaside Heights, where one person died in a hit-and-run crash, three were stabbed, and at least 70 arrests were made amid widespread boardwalk fights and disturbances.
Murphy said Thursday he supported the bill’s intent but feared that its language could be used to criminalize peaceful protest or mask-wearing for nonviolent reasons. “We are grateful that Governor Murphy heard the calls of residents and advocates,” said ACLU of New Jersey Interim Policy Director Jim Sullivan, who had urged a veto. “S3507/A4652 would undermine New Jerseyans’ right to free expression.”
Mask clause draws concern from civil liberties groups
Critics of the bill argued that the section addressing concealed identities—intended to discourage individuals from using face coverings to evade police—could be misused against demonstrators, religious observers, or others legally wearing masks. Murphy issued a conditional veto, allowing lawmakers the opportunity to revise the bill’s language.
Under the current law, engaging in disorderly conduct is classified as a petty disorderly persons offense, punishable by up to 30 days in jail and a $500 fine. The proposed legislation would have elevated certain actions to a disorderly persons offense or even a fourth-degree crime, carrying penalties of up to 18 months in prison and $10,000 in fines.
Law enforcement officials have not publicly linked the veto to the Memorial Day weekend violence, but local leaders in affected towns like Seaside Heights have raised concerns about their ability to maintain order heading into summer. Seaside Heights Mayor Anthony Vaz has not addressed the veto directly but has emphasized the influence of social media in drawing unruly crowds.
The Legislature is expected to revisit the bill with adjusted language in the coming months.
