Allegheny County Council proposes bill banning law enforcement - including ICE - from wearing masks

Allegheny County Council introduced legislation Tuesday that would make it illegal for local, state or federal law enforcement officers to wear masks or conceal their identity while performing their duties.

If passed, the ordinance, introduced by Councilman DeWitt Walton, would mean that any officer that intentionally covers their face or badge while working in the county could be found guilty of criminal concealment, which carries penalties that include fines of up to $500 and up to 90 days of imprisonment.

Officers who use vehicles that are not marked with information identifying the agency they work for, or those who fail to identify themselves to the people they arrest, also will face the same penalties under the ordinance.

This legislation would extend to ICE officers conducting operations in the county - most of whom have been seen in masks and unidentified vehicles during the ongoing immigration crackdown the Trump administration launched last year.

"Accountability to the public is an inherent attribute of a democracy, and the ability for members of the public to know basic information about agents of the government with minimal exemptions is vital in a democratic society," Mr. Walton wrote in the ordinance. "The need for accountability is heightened when state actors are granted policing power by the people. A state, local, and federal government that is accountable to the public is essential for democracy and safety."

The legislation also includes exceptions that would allow officers to wear a mask if it is for religious purposes, if it was necessary to prevent the transmission of an illness, if it is a part of equipment associated with SWAT teams, or if it is designed to protect against smoke or other hazardous conditions during fires or other similar situations.

It also would allow law enforcement to conceal their identity if they are engaged in an undercover assignment that has been approved by a supervisor.

Any violations associated with the proposed ordinance would be prosecuted by the Allegheny County Solicitor's Office, which oversees the enforcement of local ordinances.

The legislation was sent to committee Tuesday without discussion and comes after the county passed a bill to ban county employees from cooperating with ICE in March.

At the time, Mr. Walton was one of three council members who voted against passing that legislation, which he said lacked teeth because ICE officers would still be allowed to enter any courthouse or government building open to the public to make arrests.

"We should be holding people accountable where possible," he said at the March 10 County Council meeting.

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