A proposal to ban facemasks for immigration agents, local police and other law enforcement is headed to the full Denver City Council.
A council committee voted unanimously on Wednesday to advance the proposal, which was crafted in response to the presence of masked immigration enforcement agents in cities across the U.S.
“It's creating fear, unrest and confusion in our communities and this is to help de-escalate and keep our community safe,” said Councilmember Flor Alvidrez, a co-sponsor of the proposal.
Meanwhile, federal officials have already said they’ll defy any such ban, calling the idea “unconstitutional” and dismissing city officials as “sanctuary politicians.”
How the ban would work
The proposal would ban law enforcement agents from covering their faces while detaining, arresting or restraining people, and it would ban them from wearing masks while they are in city facilities.
“We are against illegal deportations and folks stealing folks from our communities as well as murder,” said Councilmember Shontel Lewis, also a co-sponsor. “But this is intended to be able to slow those down if they happen to come into our city.”
Law enforcement personnel also would be required to display their name and identification number, with anyone who refuses “presumed to be impersonating an officer,” according to a presentation to council members.
How city officials supported, and sometimes were concerned about, the ban
Councilmember Kevin Flynn raised concerns about the idea that violators are “impersonating” officers, noting that could imply a felony violation and make the bill susceptible to a legal challenge.
“I would love to see that removed because that's a roadblock for me, because literally they are not impersonating an officer,” he said. City staff and the sponsors said that they could change the details of the proposal before it reaches the full council in about two weeks.
Brian Pacelko, president of the Denver Police Protective Association, raised concerns about how the ban would be enforced.
“What will happen if an officer does take enforcement action and a federal agent then tries to arrest that officer for impeding their operation? What happens to them if (the local officer is then) charged with a crime?” Pacelko asked. “These are our main concerns with how these things are going to affect our officers and their well-being.”
He also noted that while Denver police “do not work actively with (Immigration and Customs Enforcement) in any fashion,” he worries the ban could damage relationships with other federal agencies like the FBI.
Exemptions would be allowed for undercover operations, emergency responses, tactical operations, as well as helmets, transparent face guards, medical masks and protective eye gear.
"Growing up, bad guys wear masks,” Councilmember Paul Kashmann said. “Law enforcement is a difficult, dangerous profession. But I've never, until the past few weeks, seen law enforcement wear masks hiding their identity."
Supporters included City Clerk Paul López, who said the policy could protect election integrity in Denver. He referred to conservative influencer Steve Bannon’s recent suggestion that the federal government could deploy agents and troops to polling centers.
“The potential presence of masked, unidentified federal agents near voting centers and polling places serves no legitimate public safety purpose and, on the contrary, creates a chilling effect on the democratic process,” López wrote. “Prohibiting the use of masks by all law enforcement within the City & County of Denver is (a) proactive approach to thwart federal overreach of our elections, protecting Denver voters from intimidation and strengthening transparency and accountability.”
Federal government says it would ignore the ban
In an earlier statement to Denver7, Department of Homeland Security Assistant Secretary Tricia McLaughlin said federal officials would ignore the ban.
“Sanctuary politicians attempting to ban our federal law enforcement from wearing masks is despicable and a flagrant attempt to endanger our officers. To be crystal clear: we will not abide by a city council’s unconstitutional ban. Our officer(s) wear masks to protect themselves from being doxxed and targeted by known and suspected terrorist sympathizers,” she wrote.
In a presentation, the bill’s supporters argued the local proposal would not violate the Supremacy Clause of the U.S. Constitution because it treats all officers equally, whether they are federal or local. The presentation noted that a citation under the ban would “not violate federal regulations regarding obstruction.”
California passed a pair of similar laws banning masks and required identification. That state’s mask law was blocked this week by a federal court because, unlike Denver’s proposal, it only applied to federal officers, city officials said. The judge did not block California’s identification requirement.
The local proposal heads next to the full Denver City Council.
