Milwaukee City Hall
MILWAUKEE - The U.S. Department of Justice filed on Thursday, July 23, a lawsuit against the City of Milwaukee, Mayor Cavalier Johnson, City Attorney Evan Goyke, and Police Chief Jeffrey Norman. The lawsuit challenges the city's ordinance that would prohibit law enforcement officers from wearing masks in most cases.
Mask ordinance lawsuit
What we know:
A news release says federal officials on Thursday said the following:
"Not only is the law an illegal attempt to regulate the federal government, but, as alleged in the complaint, the law threatens the safety of federal officers who have faced an unprecedent (sp) wave of harassment, doxing, and even violence. Threatening officers with prosecution for simply protecting their identities and their families also chills the enforcement of federal law and compromises sensitive law enforcement operations."
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What they're saying:
"State and local leaders cannot tell Federal officers how to do their job," said Associate Attorney General Stanley Woodward, Jr. "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."
"Not only is this ordinance an affront to the Constitution, but it jeopardizes the safety of our courageous sworn law enforcement officers," said First Assistant U.S. Attorney Brad Schimel for the Eastern District of Wisconsin. "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."
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.
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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."
Milwaukee city attorney says mask ordinance 'legal and enforceable'
Milwaukee's city attorney said an ordinance that would prohibit law enforcement officers from wearing masks is "legal and enforceable."
The Source: Information in this post was provided by the U.S. Department of Justice, the Milwaukee City Attorney's Office and prior FOX6 News coverage related to the masking ordinance.