By Elliott Wenzler
The Denver Post
DENVER — The U.S. Department of Justice announced Thursday that it filed a lawsuit against Denver — and Mayor Mike Johnston — over a city law that bans law enforcement officers from wearing facial coverings.
The City Council unanimously approved the city ordinance, which includes U.S. Immigration and Customs Enforcement officers, this February, roughly a year after President Donald Trump’s second term began. The law says that officers can’t cover their faces while detaining or arresting people and they must also wear visible identification.
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Officers who don’t follow Denver’s law could receive a citation carrying a penalty of up to $99 or 300 days in jail. The Denver Police Department would be able to arrest anyone who doesn’t comply.
The Trump administration signaled DOJ attorneys will argue the law violates the Supremacy Clause of the U.S. Constitution, which states that federal laws override any state or local laws.
“The law threatens the safety of federal officers who are already facing an unprecedented wave of harassment, doxxing, and even violence,” the Justice Department’s announcement of the lawsuit reads. “Threatening officers with prosecution for simply protecting their identities and their families chills the enforcement of federal law and compromises sensitive law enforcement operations.”
Earlier this year, a California judge struck down a similar anti-masking law because it exempted state law enforcement officers. In Denver, the council hoped that its law would survive legal scrutiny because it applies to all levels of law enforcement.
A spokesman for Johnston’s office said the city will defend the law in court.
“Denverites deserve to know who is arresting them and what they’re being arrested for. Banning facial coverings for law enforcement is commonsense and Constitutional, and we look forward to defending our position and the rights of our residents in court,” said Jon Ewing.
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