Denver ban on face coverings for ICE agents, other officers passes council committee
Published in News & Features
DENVER — Denver is a step closer to enacting a new law banning all law enforcement officers — including U.S. Immigration and Customs agents — from wearing face coverings while detaining people after a City Council committee advanced the proposed ordinance Wednesday.
The full council is set to take an initial vote on the measure, which isn’t yet finalized, in two weeks.
The proposal would prohibit local, state and federal law enforcement officers from wearing masks and other face coverings while detaining or arresting people. It would also require them to wear visible identification — including their names and badge numbers — or provide ID when asked for it by local officers.
While the new ordinance would apply to all officers, its sponsors, Councilwomen Shontel Lewis and Flor Alvidrez, have made clear it’s directed at ICE operations.
“We are against illegal deportations and folks stealing folks from our communities, as well as murder,” Lewis said during Wednesday’s meeting. “This is intended to be able to slow those down if they happen to come into our city.”
Mayor Mike Johnston’s spokesman indicated he is likely to support the measure once the final language is worked out.
“Law enforcement at any level of government should be held accountable to the public they serve,” spokesman Jon Ewing wrote in an email. “At bare minimum, that means residents have a right to know who is detaining them and why they are doing so. The City Attorney’s Office will work with Council to ensure the bill meets all Constitutional requirements, and at that time it will receive Mayor Johnston’s full support.”
Officers who don’t follow the proposed law could receive a citation carrying a penalty of up to a $99 fine or 300 days in jail. The Denver Police Department would also have the ability to arrest anyone who doesn’t comply.
The measure would allow some exemptions, including for officers involved in undercover operations and SWAT duties or who are wearing religious garb.
ICE agents have begun covering their faces as a common practice, with the agency saying it’s necessary to protect against threats to their safety. Critics of ICE have criticized the coverings as being akin to “secret police” operations.
Other council members showed general support for the idea during the meeting Wednesday, with some asking questions about elements of the bill.
“The devil is in the details and, operationally, we want this to be an ordinance that is passed that can be implemented,” council President Amanda Sandoval said. “I think it’s like 97% there.”
Some members expressed concerns about whether the identification requirements, which include a stipulation that ID be visible at up to 25 feet, are enforceable.
City Attorney Miko Brown suggested during the meeting that the sponsors will have to make some changes to the identification portion of the ordinance to ensure it is constitutional.
“I fully agree and support, in principle, what that section is trying to accomplish,” she said. “I do have concerns from a legal perspective and an operational perspective.”
The sponsors said they would work to address any remaining problems the council or city attorney identifies before the full council votes.
A federal judge struck down a similar masking law in California, stating it was unconstitutional because it exempted state law enforcement officers from the ban, making it discriminatory. The judge upheld a companion law that requires all officers there to display identification.
Lewis said she believed Denver’s law, which contains some of both of those elements, would be upheld under legal scrutiny because it would apply to all levels of law enforcement.
Other council members have been generally supportive of the idea since Lewis and Alvidrez first presented the concept in January. The meeting Wednesday was the first formal step in the council’s consideration. Denver council committees cannot reject legislation but can provide input or delay action before the full council votes.
In a statement ahead of the committee meeting, DPD declined to say whether its leaders would support the bill.
“There is still a lot of discussion that needs to take place as it comes to this proposed ordinance and any potential enforcement associated with it. Until then, DPD respectfully declines commenting on what any enforcement might look like,” a department statement says.
Brian Pacelko, the president of the Denver Police Protection Association, spoke during public comment, saying his organization was mostly concerned about enforcing the ordinance.
“What will happen if an officer does take enforcement action and a federal agent then tries to arrest that officer for impeding their operation?” he said. “What happens to them if they’re charged with a crime?”
After a committee advances a proposed ordinance, it is discussed in a meeting between the council and the mayor before being voted on in the next full council meeting, with a second vote needed to pass. That makes this ordinance eligible for a final vote as soon as March 2.
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