WA bill could ban law enforcement from wearing face coverings

OLYMPIA, Wash. - A proposal to ban law enforcement officers from covering their faces during public interactions received its first hearing in the Washington Senate Law and Justice Committee on Tuesday.

Senate Bill 5855, sponsored by Sen. Javier Valdez (D-Seattle), would prohibit law enforcement, federal agents and immigration officers from wearing identity-concealing face coverings while performing their duties.

Valdez said the bill is aimed primarily at preventing ICE agents from masking their identities, with exceptions for medical masks, hazardous conditions and SWAT operations.

What they're saying:

Supporters testified in support of the measure, saying it would improve public trust.

"Transparency and accountability are foundational for just and safe communities," said Paula Fillmore-Sardinas, director of the Faith Action Network.

"Now we have agents that are recklessly empowered by our own government, carrying weapons and acting without readily enforceable accountability," said Steve Albrecht, a Washinton resident.

Governor Bob Ferguson also supported the bill, with his office urging lawmakers to recommend it for passage.

"The governor asks the members of this committee recommend that this bill do pass," said Nathan Olson with the Governor's Office.

The other side:

Opponents cited safety concerns, noting the Department of Homeland Security reported more than a 1,000% increase in assaults and an 8,000% rise in death threats against ICE agents last year.

"We’ve seen cases where agents are followed home, they are dozed, they are threatened online, the dangers don’t stop when they clock out. It follows them to their families and neighborhoods," said Anthony Mixer, a Washington resident.

Under the bill’s current language, people detained by masked officers could sue even if no excessive force was used. Those details prompted opposition from the Washington Association of Sheriffs and Police Chiefs and the Association of Washington Cities.

"We fear there is going to be a Washington peace officer who is reasonably identifiable but has their face covered and is going to get sued for it and there is nothing we can do about it," said James McMahan with the Washington Association of Sheriff's and Police Chiefs.

"This creates a potentially unlimited liability for cities who have, in many cases, severely limited resources or severe budget constraints," said Derrick Nunnally with the Association of Washington Cities.

Even if the state law were to pass, Pete Serrano, on behalf of the Department of Justice, said it could not be enforced upon federal agents.

"The Supremacy Clause, which means States have no authority to govern how the United States acts within the jurisdiction. That control is retained by the United States, that has been a long standing principle since the 1800s and has been reiterated thousands of times over," Serrano said.

The bill is modeled after a similar legislation in California, and that law is now in legal limbo. Republican Senator Jeff Holy suggested that the state should wait to see what happens in California before moving forward here.

The Senate Law and Justice Committee will discuss the measure again on Thursday.

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