She ruled that because the law “does not apply equally to all law enforcement officers in the state, it unlawfully discriminates against federal officers.”
A federal judge in California has blocked the state from enforcing a law in the state that prohibits Immigration and Customs Enforcement (ICE) agents and other law enforcement agencies from wearing masks in the state.
Judge Christina Snyder from the U.S. District Court for the Central District of California partially granted a motion for a preliminary injunction by the Trump administration, blocking a portion of SB 627, also known as the “No Secret Police Act” from taking effect.
The section covered under the court order relates to masks worn by law enforcement. It states, “A law enforcement officer shall not wear a facial covering that conceals or obscures their facial identity in the performance of their duties, except as expressly authorized in this section.” Facial coverings are defined under the bill as “any opaque mask, garment, helmet, headgear, or other item that conceals or obscures the facial identity of an individual, including, but not limited to, a balaclava, tactical mask, gator, ski mask, and any similar type of facial covering or face-shielding item.”
The bill was brought forth by California state Senator Scott Wiener, who in January claimed that his law had gone into effect, when the state had agreed to put it on hold while awaiting a court hearing.
Judge Snyder wrote that while the Trump administration has not presented compelling evidence of any economic or operational burden from the enforcement of a facial covering prohibition or visible identification requirement for federal law enforcement officers, its showing that the facial covering prohibition likely violates the Supremacy Clause is nonetheless sufficient to establish that enforcement of that provision would amount to irreparable harm.”
She ruled that because the law “does not apply equally to all law enforcement officers in the state, it unlawfully discriminates against federal officers. Because such discrimination violates the Supremacy Clause, the Court is constrained to enjoin the facial covering prohibition.”
US District Court Central Cali Ruling Mask Ban by Hannah Nightingale
