Washington Legislature passes ban on law enforcement wearing masks

OLYMPIA – Washington lawmakers passed a pair of bills Tuesday afternoon that supporters say will rein in immigration enforcement in the state.

Opponents, however, worry the bills will further restrict law enforcement efforts and will not be enforceable against federal law enforcement actions.

The state Senate passed a bill requested by Gov. Bob Ferguson that bars members of the public from making, providing or possessing badges or other law enforcement insignia when “a reasonable person would believe the person is a peace officer.”

The bill passed the state House last month, and Ferguson has vowed to sign the legislation if it reaches his desk.

The bill passed on a 30-18 vote. One Republican voted with the chamber’s 29 Democrats in support of the legislation. The bill now returns to the House for final approval since lawmakers made changes to the bill in the Senate.

“It’s just common sense and good community safety policy,” bill sponsor Rep. Edwin Obras, D-SeaTac, said in a statement. “If you talk to someone you believe is a law enforcement officer, you should be able to trust that they, in fact, are who they say they are. These unprecedented times, in which federal officials are arresting and detaining members of our communities, require us to ensure those creating additional chaos are held accountable.”

Across the rotunda, representatives in the state House passed legislation that blocks law enforcement officers from wearing masks to conceal their identities while engaged in public duties. The bill previously passed the state Senate.

The bill passed the House 56-37. The bill passed along party lines, with all Democrats voting in favor and all Republicans voting against it.

The Senate will need to approve the final version of the legislation before the session ends March 12.

While the legislation would be applicable to all law enforcement agencies 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.

Ahead of passage, state Rep. Julio Cortes, D-Everett, said the bill is “about accountability.”

“It affirms a simple principle: that when law enforcement are exercising their authority in public-facing duties, that public has a right to know who is policing them,” Cortes said.

Cortes added that the bill would ensure officer transparency and uphold public trust.

“In the past year, we have all been witness to the horrific actions, both nationally and locally, where masked or unidentified ICE officers have caused confusion, anxiety, mistrust and tragedies in our community,” Cortes said. “That erosion of trust makes policing at all levels harder and less safe for everyone, including law enforcement officers.”

State Rep. Jenny Graham, R-Spokane, meanwhile, said “it’s clear” that local law enforcement is already abiding by the rules that the law intends to put in place.

“This has come across as being more about a federal ICE issue,” Graham said.

Graham added that the bill would not be needed if state and local law enforcement had closer cooperation with federal immigration officials, and that it would impede federal immigration officers.

“It feels like, coming from people in my district, that there is a lack of care for what crime victims on the other side of this policy go through,” Graham said. “That matters just as much, madam speaker, as somebody else that may say that they are afraid of an officer wearing a mask.”

Following the shooting of intensive care unit nurse Alex Pretti in Minnesota in January, the governor reiterated his support for both bills.

“If you’re not a law enforcement officer, it needs to be illegal to wear something that gives the impression that you are,” Ferguson said of the bill barring falsely wearing law enforcement insignia.

The governor further said that federal agents “are roaming around with masks” while discussing his support from the legislation to bar law enforcement from wearing face coverings.

“I mean, it’s third-world country stuff. It is,” Ferguson said.

The bill to bar police officers from wearing face masks contains an emergency clause, which means it would take effect immediately upon his signature.