LA County moves to approve ban on law enforcement officers wearing masks

The Los Angeles County Board of Supervisors voted Tuesday to move forward with a proposed ordinance that prohibits law enforcement officers from concealing their identities while interacting with the public in unincorporated areas of the county.

The proposal would require all officers and agents — local, state or federal — to refrain from wearing masks or other facial coverings. It also mandates that they display visible identification, including their agency name along with either their last name or badge number.

Supervisor Janice Hahn said the concealment of officers’ identities during these raids undermines public trust and creates unnecessary fear.

"We need to declare in no uncertain terms that in Los Angeles County, police do not hide their faces," said Hahn, who sponsored and co-authored the ordinance. "That is our expectation, and this ordinance will now make it a local law."

In a statement to LAist, federal immigration officials defended officers wearing masks. Department of Homeland Security Assistant Secretary Tricia McLaughlin said L.A. County's ordinance is unconstitutional.

“Our officers wear masks to protect themselves from being doxed and targeted by highly sophisticated gangs like Tren de Aragua and MS-13, “ McLaughlin said in the statement. “Criminal rings, murderers, and rapists who attempt to go after the officers and their families."

She also noted a provision of the U.S. Constitution that says federal law prevails over conflicting state law.

McLaughlin said L.A. County’s proposed ordinance would “violate the Constitution’s Supremacy Clause, which makes it clear that Los Angeles does not control federal law enforcement.”

The supervisors approved the first reading of the proposed ordinance in a 4-0 vote, with Supervisor Kathryn Barger abstaining.

They are expected to vote a second time on Dec. 9 to adopt the ordinance. If adopted, the new law would go into effect 30 days later.

Enforcement questions

According to county officials, violations would be punishable as infractions or misdemeanors. But it’s uncertain how L.A. County will enforce the new ordinance. It mirrors California’s first-in-the-nation state law passed in September.

The Trump administration has said its agents will not comply with California’s mask ban. And the Department of Justice sued California in November, challenging it.

Hahn said L.A. County will wait to see the outcome of that lawsuit before determining how to enforce the new ordinance.

“We’re going to wait until it plays out in court,” she said.

County officials said the ordinance was prompted by Immigration and Customs Enforcement sweeps that began in June.

Federal agents wearing plainclothes, tactical gear and masks conducted what county supervisors describe in the motion as “violent and indiscriminate operations in immigrant communities.”

“ These agents hide their faces and refuse to wear badges,” Hahn said. “They pull people into unmarked vans at gunpoint, and then they wonder why people resist arrest.”

“This is how authoritarian secret police behave, not legitimate law enforcement in a democracy,” she added.

Between June and August, the Department of Homeland Security arrested at least 5,000 people in Los Angeles County, including people who had not committed crimes, those with pending legal status and visa holders.

Exemptions

The Board of Supervisors originally approved a motion on July 29 directing County Counsel to draft the ordinance.

County officials said that when officers conceal their faces, it becomes difficult for residents to distinguish actual law enforcement from imposters, increasing the risk of criminal impersonation.

“It’s not public safety, it’s intimidation, plain and simple,” said Supervisor Lindsey Horvath. “Los Angeles County is not going to tolerate it. When the public cannot tell who a real officer is, everyone is at risk.”

Several immigrants’ rights activists showed up at the Board of Supervisors meeting on Tuesday to support the county’s move.

“It’s good that it's recognized that this is a problem, but the only way we're gonna actually do anything about it is to keep relying on the community to come out and support,” said Quetzal Ceja, an organizer for South Bay day laborers.

The ordinance includes several exemptions where law enforcement authorities can wear face coverings, including undercover and SWAT operations. They can also wear helmets and other equipment for health reasons or protection against environmental hazards.