DOJ Sues Denver Over Mask Ban for Federal Officers, Citing Supremacy Clause
Denver is a city in Denver County, Colorado (a consolidated city-county). The U.S. Department of Justice has sued the City and County of Denver, challenging a local ordinance that prohibits federal law-enforcement officers from wearing masks while operating in the city and requires them to identify themselves under municipal rules. The defendants include the city, Mayor Mike Johnston, the city attorney and the police chief. The DOJ announced the suit in a press release issued Oct. 7-8.
The ordinance at issue is codified at Denver Revised Municipal Code sections 28-300 through 28-303. In its complaint, the Justice Department argues the measure violates the U.S. Constitution's Supremacy Clause, saying state and local governments may not impose such restrictions on how federal officers do their jobs. The suit also contends that barring masks exposes federal personnel to identification and raises the risk of harassment and attacks against them and their families. A Civil Division official said Denver's policy endangers federal personnel and that the department will defend its employees' ability to carry out their duties.
Denver officials say the ordinance was enacted so that everyone enforcing the law in the city, including federal personnel, can be identified by the public, as a matter of transparency and accountability. The city attorney's office said it will review the complaint and defend the ordinance in court.
The case, to be heard in federal court, is part of continuing friction between the federal government and a number of cities over immigration-enforcement cooperation, and its outcome could affect similar ordinances elsewhere.
When the City Council passed the ordinance, it said the point was to let residents identify officials enforcing the law in Denver, and that the rules apply to law-enforcement personnel operating in the city at every level. With the case now in federal court, the ordinance's status during litigation will be for the court to determine; the city says it will follow the law as the case proceeds.
Source: U.S. Department of Justice press release
Source: GSM · USA (original Chinese edition)
Photo: 丹佛市县大楼，CC BY-SA 4.0，摄影：Swarabakti（Wikimedia Commons）
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