I guess. Executive branch interprets the law in the field, where judicial interprets in the courtroom. Can someone claim that the person's face was hidden in that mask?

I thought it might make more sense to use body paint, but that will be easier to identify people if they have to leave in a hurry. Peel-away paint? Grease paint to obfuscate the contours of the face?

Regardless of that, there are biometrics of gait, voice, and the growing ability to track people across cities.