DENVER, CO — The U.S. Department of Justice has sued the City and County of Denver over a local ordinance that restricts law-enforcement officers from concealing their identities with face coverings and requires visible identification while they are operating in the city.
The lawsuit, filed October 8, names Denver, Mayor Mike Johnston, City Attorney Michiko Ando Brown and Police Chief Ron Thomas. The Justice Department argues that Denver cannot dictate how federal law-enforcement officers perform their duties and says the requirements could expose officers and their families to harassment, doxxing or threats.
What Denver’s law requires
The Denver ordinance applies to local, state and federal law-enforcement personnel in many public-facing enforcement situations. It requires officers to be identifiable and generally restricts face coverings that conceal identity.
The measure is not an absolute ban on every type of face covering. Reported exemptions include undercover work, SWAT and tactical operations, emergency responses, helmets, transparent face guards, medical masks and protective eye gear.
The law also requires visible identification, including an officer’s name and badge or identification number in most encounters.
Denver’s public-safety argument
Mayor Johnston and supporters of the ordinance say residents should be able to determine whether someone exercising police authority is actually a legitimate law-enforcement officer and later identify that officer if questions arise about an encounter.
Johnston has said officers should be transparent and accountable, arguing that members of the public should be able to see a badge, a name and an identification number that can be traced.
That concern has also been raised by Denver City Council members who say masked and unidentified people approaching residents can create fear and confusion and may make it harder for the public to distinguish legitimate officers from impostors.
The federal government’s argument
The Justice Department says Denver’s ordinance crosses a constitutional line by attempting to regulate federal officers. Its complaint relies in part on the Supremacy Clause and argues that the federal government, not a city, determines how federal law-enforcement personnel identify and protect themselves while performing federal duties.
The federal government also says masks can protect officers from being identified online and targeted, and that forcing officers to reveal personal identifiers may reduce operational safety.
The unresolved question
The dispute places two public-safety concerns directly against each other: the public’s ability to identify a person exercising law-enforcement authority, and the federal government’s claim that revealing officers’ identities can put those officers and their families at risk.
The courts will now decide how far Denver’s authority extends when its local public-safety rules affect federal law-enforcement operations.
SNN will continue following the case, including any court order affecting enforcement of Denver’s mask and identification requirements.
Sources: U.S. Department of Justice; Denver7; Denverite/Colorado Public Radio reporting.
