After Federal Court Rules California Has Power to Ban Federal Agents from Wearing Masks, Senator Wiener Announces Legislation to Make Ban Enforceable
Senator Wiener announced legislation to restore the No Secret Police Act’s ban on extreme face masking by ICE, CBP and other law enforcement
SAN FRANCISCO – The United States District Court for the Central District Court of California ruled today that California has the power to ban federal agents from wearing ski masks and also ruled that the ban must include state officers, in addition to local and federal officers. As a result, the court put a hold on enforcement of Senator Scott Wiener’s (D-San Francisco) mask ban, SB 627, while upholding separate provisions of that law and a companion law requiring federal officers to clearly identify themselves while on duty.
Senator Wiener immediately announced new legislation to add state officers into the law, which already applies to federal and local officers, and issued the following statement:
“Today’s federal court ruling is a huge win: The Court ruled that California has the power to protect our community by banning officers, including federal agents, from wearing masks and thus inflicting terror and shielding themselves from accountability. It is hard to overstate how important this ruling is for our efforts to ensure full accountability for ICE and Border Patrol’s terror campaign.
”The Court also ruled that for our No Secret Police Act, SB 627, to be enforceable it must apply to all levels of police — not just federal and local officers but also state officers. SB 627 currently applies to federal and local officers only. We crafted SB 627 in consultation with constitutional law experts. Based on communications with the Governor’s office, we removed state police from the bill. Now that the Court has made clear that state officers must be included, I am immediately introducing new legislation to include state officers. I will do everything in my power to expedite passage of this adjustment to the No Secret Police Act.
“ICE and Border Patrol are covering their faces to maximize their terror campaign and to insulate themselves from accountability. We won’t let them get away with it. We will ensure our mask ban can be enforced, and we will further pass our No Kings Act, SB 747, to allow lawsuits against federal agents who violate people’s rights.
“Fighting a fascist regime means fighting with every ounce of leverage you have and throwing every single obstacle you can in its path. That’s what we did here and what I will continue to do until ICE is finally abolished. States have limited tools to fight back against the federal government, but I will always use whatever tools are available to me to stand up against this violent and despicable assault on civilians.
”We will unmask these thugs and hold them accountable. Full stop.”
Excerpts from Judge Snyder’s ruling:
“The presence of masked and unidentifiable individuals, including law enforcement, is more likely to heighten the sense of insecurity for all.”
“The United States has not shown that its current practices with respect to masking and identification are essential to federal law enforcement operations such that state regulations in those areas seek to interfere with or control federal law enforcement functions.”
“The Court finds that these Acts serve the public interest by promoting transparency which is essential for accountability and public trust. Moreover, the Court finds no cognizable justification for law enforcement officers to conceal their identities during their performance of routine, non-exempted law enforcement functions and interactions with the general public.”
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