Milwaukee city attorney says mask ordinance 'legal and enforceable'
MILWAUKEE - Milwaukee's city attorney on Friday said an ordinance that would prohibit law enforcement officers from wearing masks in most cases is "legal and enforceable," despite the federal government's letter saying it would not comply with the rule.
Milwaukee mask ordinance
The backstory:
In April, Milwaukee passed an ordinance that bans all law enforcement from wearing masks. There are exemptions for health or safety reasons. Those breaking it can face a fine of up to $10,000.
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The ordinance also requires all law enforcement to either wear their name on their uniform and their agency – or when asked – to share that information. It also requires cars be labeled – except for undercover assignments.
Milwaukee City Hall
Supporters of the ordinance said it was part of what they called "ICE Out Milwaukee." It was clear from debate, they were targeting immigration agents.
The U.S. Department of Justice sent Mayor Cavalier Johnson and City Attorney Evan Goyke a letter on July 10, calling the mask ordinance unconstitutional under the U.S. Constitution's Supremacy Clause.
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"This Mask Ban endangers federal officers and undermines federal law enforcement operations," the letter said. "The consequences are severe. Protecting the personal identities of federal officers and their families is especially critical in part due to the increasingly common threats of targeted harassment, tracking, interference, and assaults on federal agents for simply doing their jobs."
Earlier this year, Milwaukee leaders accused U.S. Immigration and Customs Enforcement officers of breaking the ordinance when they conducted dozens of arrests, while a spokesperson for the federal agency stood by officers' decisions to "protect themselves" on the job.
City attorney's response
What they're saying:
The U.S. Department of Justice sent Milwaukee Mayor Cavalier Johnson and City Attorney Evan Goyke a letter on July 10, informing them that the federal government would not comply with the ban and set a July 17 deadline to reply.
Goyke penned his response to the federal government on July 17. The city attorney wrote in part:
"In the absence of any federal statute or regulation authorizing or requiring masking and identity concealment, the Ordinance only incidentally affects the mode of carrying out the officers’ duties without prohibiting the federal government from enforcing federal immigration law. In that way the Ordinance is akin to traffic laws that are also enforceable against federal officers, subject potentially to immunities…
"In closing, this office approved the Ordinance as legal and enforceable. Neither the preliminary court rulings in other jurisdictions nor your letter convince us to change that opinion. We will not advise our clients to exempt federal law enforcement officers from the Ordinance and we will prosecute properly cited offenders."
The Source: Information in this story is from the Milwaukee City Attorney's Office and prior FOX6 News coverage related to the ordinance, including comments from both federal and city officials.