DOJ Sues Denver Over Law Enforcement Mask Ban

ICE Detains Immigrants Inside New York City Courthouses

Photo: Michael M. Santiago / Getty Images News / Getty Images

The U.S. Department of Justice (DOJ) has filed a lawsuit against Denver, Colorado, and Mayor Mike Johnston over a city ordinance that bans law enforcement officers from wearing face coverings. The lawsuit, announced on Thursday (October 8), challenges the legality of the ordinance that was unanimously approved by the Denver City Council in February.

The ordinance prohibits law enforcement officers, including federal officers, from concealing their faces during arrests and detentions. It also requires officers to display their names, badge numbers, or other identification, and prohibits them from wearing masks inside city facilities. Violations of the law could result in fines up to $999 and up to 300 days in jail.

According to the DOJ, the ban poses a threat to the safety of federal officers, potentially exposing them to harassment, doxxing, and violence. The department argues that the ordinance violates the Supremacy Clause of the U.S. Constitution, which states that federal law takes precedence over state or local laws. The DOJ's lawsuit follows similar legal action taken against a comparable law in Maryland.

Denver officials, however, are prepared to defend the ordinance in court. Jon Ewing, a spokesman for Mayor Johnston, stated that the law is about transparency and accountability, emphasizing that "Denverites deserve to know who is arresting them and what they're being arrested for." Ewing added that the city believes the ban is both commonsense and constitutional.

The legal battle highlights ongoing tensions between Denver and the Trump administration over immigration enforcement, as the city attempts to regulate how federal officers identify themselves during operations. A federal judge will ultimately decide the outcome of the case.