Feds sue Milwaukee over ordinance against law enforcement masking

“For centuries, the Supreme Court has reaffirmed that States have no authority whatsoever to regulate the Federal Government,” the lawsuit states. “Despite that well-established principle, Milwaukee recently enacted an ordinance that purports to do exactly what constitutional law says it cannot: regulate how federal law enforcement officers carry out their official duties in that City.”

Initially enacted in April, the Milwaukee ordinance prohibits law enforcement officers performing their duties from covering their faces and requires that their names and the agency they work for be easily identifiable on their uniform. 

“The use of facial coverings and disguises by law enforcement officers significantly affects the public’s perception of law enforcement, officer-community interactions, and accountability,” the ordinance states. “Persons reasonably may experience fear or intimidation when approached by officers whose faces are obscured. Such reactions can heighten defensive behavior and unnecessarily escalate the tension inherent in many interactions between law enforcement officers and members of the public.”

Last week, City Attorney Evan Goyke wrote in a letter to U.S. prosecutors  that federal officers wouldn’t be exempted from the ordinance, prompting the lawsuit. 

“the City and the public have a right to know if masked, armed, and unidentified men seizing people on our streets are who they say they are,” Goyke wrote, objecting to the federal government’s insistence that immigration officers be allowed to conceal their identities “at their discretion.”

“Unfortunately, in the case of federal immigration officers, in particular, that unbounded discretion, coupled with guns and a lack of accountability, has had tragic consequences in cities across the country,” he wrote. Goyke disputed the federal government’s claim that the Supremacy Clause of the U.S. Constitution makes ordinances such as Milwaukee’s illegal, citing previous and ongoing litigation on the matter.

Federal immigration officers across the country have worn masks while carrying out  President Donald Trump’s crackdown on immigrants. Federal officials have argued the masks prevent officers from being doxxed. 

“State and local leaders cannot tell Federal officers how to do their job,” Associate Attorney General Stanley E. Woodward, Jr. said in a news release. “And they certainly cannot prohibit them from ensuring their own safety in safeguarding our communities and enforcing federal law. We will never tolerate the doxxing or harassment of federal officers, or any law like Milwaukee’s that enables violent behavior against law enforcement officers and their families.”

The lawsuit argues that federal officers should be able to make decisions about covering their faces on a case-by-case basis. 

“Denying federal agencies and officers discretion in these areas would chill federal law enforcement, threatening the safety of communities in Milwaukee,” the lawsuit states.

Brad Schimel, the former conservative Supreme Court candidate who is now an assistant U.S. attorney, said that the ordinance pits federal and local cops against each other. 

“Not only is this ordinance an affront to the Constitution, but it jeopardizes the safety of our courageous sworn law enforcement officers,” Schimel said. “Further, it puts local and federal law enforcement officers at odds with each other when they should be working together on the common goals to enforce the rule of law and keep our communities safe.”

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