This story was originally published on mynorthwest.com.
Washington lawmakers are moving forward with a bill that would limit when police officers can cover their faces while interacting with the public.
Senate Bill 5855 adds a new section to state law requiring law enforcement officers to be clearly identifiable, including a visible name or identifying information, and generally prohibiting officers from wearing opaque facial coverings while performing their duties. The bill defines facial coverings as items that conceal an officer’s identity, such as balaclavas or tactical masks.
“We just want to make sure here in Washington State that the public knows who they’re dealing with,” Senator Javier Valdez, who represents part of Seattle and sponsored the bill, explained. “Federal ICE officials are masking up in their duties and not identifying themselves to the public.”
There are specific exceptions. Officers working undercover, SWAT officers wearing protective gear, and those using medical masks or safety equipment, like respirators or helmets, would still be allowed to cover their faces when necessary.
The proposal also gives people a new legal option. Anyone detained by an officer who violates the rule could file a civil lawsuit, seeking damages, attorneys’ fees, and court orders to stop future violations.
Border Czar Tom Homan recently defended ICE agents’ use of masks to conceal their identity and said it was no different than protestors wearing masks during Black Lives Matter protests.
“We’re not even talking about the doxing of agents, their spouses and their children, so they’re wearing masks to give themselves some sort of protection,” Homan told Politico. “The same people who are complaining about ICE wearing masks have they ever said anything about a BLM protestor wearing a mask?”
Supporters say the bill, which is still being considered in committee, is about transparency and accountability.
Last year, California became the first state to pass a law banning most law enforcement officers from wearing masks that conceal their identities while on duty, with narrow exceptions for things like medical masks and undercover work. That law is now being challenged in federal court by the U.S. Department of Justice, which argues that some of its provisions are unconstitutional because only the federal government can set requirements for federal officers.
Similar bills are being considered in Illinois, Michigan, Massachusetts, and Oregon.