Washington senate passes bill to bar law enforcement from wearing face masks

OLYMPIA – A bill that would bar law enforcement officers from wearing masks to conceal their identities while engaged in public duties passed the Washington Senate on Wednesday.

Members of the Senate voted along party lines, with all 30 Democrats voting in favor and 19 Republicans voting against.

The bill heads to the House of Representatives. Gov. Bob Ferguson has asked legislators to move the bill quickly so that he can sign it into law. The bill contains an emergency clause, which means it would take effect immediately upon his signature.

While the legislation would be applicable to all law enforcement in the state, supporters say it’s targeted at the increasing number of masked federal immigration officers across the country. The ban would be applicable to state, local and federal officers, though it’s not clear if federal officials would abide by the new law.

Under the law, officers on active undercover operations and those using protective face gear necessary for tactical duties would be exempt from the requirement.

The bill would allow someone to file litigation if they are detained by an officer in violation of the requirement.

Opponents say that as officers face an increasing number of threats, they need to be able to protect their identity as a means for safety. Supporters of the legislation, however, have argued that as the federal government increases immigration enforcement operations across the country, members of the public need to know who is, and isn’t, a law enforcement officer.

“This bill basically impacts federal ICE agents,” state Sen. Manka Dhingra, D-Redmond, said during a media availability Tuesday. “Our Washington law enforcement officers follow the rules of the state of Washington. And so their manner of identifying themselves doesn’t change.”

State Sen. Leonard Christian, R-Spokane Valley, said during his floor speech that at time when the state has the fewest number of police officers per capita in the nation, the legislation could send the wrong message.

“I believe we need to make it clearer from this body that every member here clearly supports our law enforcement officers, and that’s why I think this bill sends a wrong message,” Christian said. “Please don’t help.”

Senate Majority Leader Jaimie Pedersen, D-Seattle, said Tuesday the legislation would re-establish a “norm of behavior” for law enforcement in the state that they be easily identifiable.

“Although the effect may be only on ICE because their the only ones violating this norm, the law is intended to apply evenly across all types of all enforcement,” Pedersen said.

In recent weeks, Ferguson has pushed for the legislation, including in his State of the State Address earlier this month. Following the fatal shooting of Alex Pretti in Minnesota this weekend, Ferguson said during a press conference on Wednesday that lawmakers had “an opportunity in this short session to take meaningful steps to mitigate against the encouragement of ICE.”

Ahead of the floor vote Wednesday, Prime Sponsor Sen. Javier Valdez, D-Seattle, said “right now, across our state and our country, our communities are living in fear.”

“That’s no secret. We all know this,” Valdez said. “What we are seeing now is terrifying, it’s devastating, and it just breaks my heart. It really does.”

Valdez said masked immigration officers “intimidate and bring fear and terror” day after day.

“These masked federal agents are operating without accountability,” Valdez said. “They’re detaining families. They’re terrorizing communities. And they’re acting above the law.”

Valdez said the bill would help ensure “transparency and accountability” for law enforcement.

State Sen. Jeff Holy, R-Spokane, said Tuesday that while he didn’t disagree with any of the comments made by Valdez, the state Legislature was not the proper place to address the concerns.

“The problem is that this is the wrong forum,” Holy said. “We’re talking about federal officers, and the only people who can change the laws for federal officers and force them not to wear face masks are Congress.”

Holy said the Senate should focus on “state issues.”

“This is beyond our paygrade,” Holy said.