Executive Summary
Concerning the use of face coverings by law enforcement officers
Background
Federal Law on Officer Identification
In January 2021, Congress enacted a law requiring any member of the armed forces or federal law enforcement personnel responding to a civil disturbance to visibly display a name or other unique individual identifier, as well as the name of their employing agency. The law includes exceptions for individuals who do not typically wear uniforms in the regular performance of their duties and for those engaged in undercover operations.Washington Law on Officer Identification
In April 2021, the Washington State Legislature passed a law requiring law enforcement agencies to adopt policies and procedures ensuring that uniformed peace officers are reasonably identifiable while on duty. Under the law, a peace officer is considered reasonably identifiable when their uniform clearly displays the officer’s name or other information that members of the public can use to identify them.Facial Coverings
Neither federal law nor Washington state law prohibits law enforcement officers from wearing facial coverings while performing their duties.Summary
Restrictions on Facial Coverings by Law Enforcement
Peace officers and federal law enforcement officers are prohibited from wearing facial coverings while interacting with the public in the performance of their official duties. Exceptions: Officers may wear facial coverings under the following circumstances:- While acting as undercover operatives; or
- While using protective gear as members of a special weapons and tactics (SWAT) team.
Definition of Facial Covering
A facial covering is any opaque mask, garment, or other item that conceals or obscures a person’s facial identity, exemptions are allowed including, clear face shields or transparent masks, N95 medical masks used to protect against disease transmission, among othersCivil Remedies
A person detained by a peace officer or federal law enforcement officer who is unlawfully masked may bring a civil action against the officer in their official capacity. An officer is not liable, however, if at the time of detention the officer was in compliance with state law requiring the officer to be reasonably identifiable.Ways to Get Involved
Steps to Get Started
- Learn where the bill is in the legislative process.
- If there is an upcoming hearing, decide how you would like to get your voice heard and take action.
- If there is not an upcoming hearing, or if you want to supplement your advocacy, call or write your legislators.
- Spread the word and get other people on board.
Participating in a Hearing
Sign in Pro, Con, or Other
This is when individuals, advocates, and organizations make their position on a particular bill known for the record. This is particularly powerful in large numbers. Many organizations will send out Action Alerts asking people to sign in Pro or Con on a bill.
Submit Written Testimony
Submitting written testimony is a great way not only to make your position known to legislators but also to explain why in more detail. This is a good option if you don’t want to speak in front of others. People also like to offer more nuance to their position by writing.
Testify Virtually
Since COVID, many legislators are allowing remote/virtual testimony for bill hearings, as it greatly expands access to the legislative process across the state. For this, individuals usually have between 1-2 minutes to state their opinion on a bill in front of the legislative committee on Zoom.