State Rep. Paul Friel, D-26th Dist., is leading an effort to enact a law banning the wearing of masks by all law enforcement officers operating in Pennsylvania, with exceptions for health and undercover reasons.
Friel, who is the prime sponsor of the “Officer Visibility Act, has won co-sponsorships from six other southeast Pennsylvania Democratic members of the House: state Rep. Joe Webster, D-150th Dist.; state Rep. Greg Scott, D-54th Dist.; state Rep. Rep. Joseph Hohenstein, D-177th Dist.; state Rep. Rick Krajewski, D-188th Dist.; state Rep. Chris Pielli, D-156th Dist.; state Rep. Ben Waxman, D-182nd Dist.
The seventh member of the House to join the effort is state Rep. Abigail Salisbury, D-34th Dist., who represents part of Allegheny County.
“Trust and public safety are essential pillars of a secure community,” the lawmakers said in a press release regarding the intent to introduce the legislation.
State Rep. Paul Friel
“When government agents and law enforcement conceal their faces and act without identification, it jeopardizes both of those pillars. This legislation will ensure that the public is able to identify that someone is a government officer, strengthening the community’s confidence in law enforcement, and protecting officers and community members from those who would use obscurity to cause harm.”
According to the legislative memo Friel has circulated, the new law would require any law enforcement officer at any level working in Pennsylvania to “wear identifiable uniforms or clothing clearly indicating their department, agency, or affiliation” and would “prohibit the use of face coverings, masks, or otherwise concealing apparel that obscures identity during official operations, except in narrowly defined circumstances (e.g., health emergencies or sanctioned undercover work).”
State Rep. Greg Scott
Friel said that although state law cannot supersede federal law, to his knowledge, there is no federal law authorizing federal law enforcement officers to wear masks or conceal their identities while interacting with the public.
“All officers and agents acting in any official capacity must wear clearly visible identification that includes: Name or badge number; Department or agency name; Uniform or standard clothing that aligns with agency protocols,” according to the memo. Officers not following these rules could be subject to a civil fine, he said.
Any officer who says they are wearing a mask under orders from a superior can still be fined, Friel said. “Following orders is not a defense when you’re breaking the law,” said Friel. “That was established at Nuremberg. You have to operate within the law, and if your orders are contrary to the law, it is an unlawful order.”
Friel said the rationale for the proposal is that ultimately, the practice of law enforcement wearing masks and hiding identifiers undermines the public’s trust and also makes it easier for criminals to masquerade as law enforcement, as was done in the case of the assassinated state legislator in Minnesota last month.
Vance Boelter, the man accused in the death of Democratic State Rep. Melissa Hortman and her husband, Mark, and the injury of Democratic State Sen. John Hoffman and his wife, Yvette, was disguised as a police officer.
State Rep. Joe Webster
Friel said the legislators hope to run the bill language past law enforcement groups in the coming days to seek their input.
“Clear identification deters criminal impersonation and reduces the risk of ambush or fraud,” according to the memo. “Citizens can confidently recognize legitimate officers, improving cooperation and reducing fear or confusion during public operations.”
Also, the new law would “prevent officers from being misidentified as hostile actors. Limit mistaken confrontations with armed citizens or other security personnel and reinforce public trust in law enforcement by ensuring transparency in interactions,” according to the memo. It would also make it easier for “complaints, oversight, and investigation when misconduct is alleged.”
“I have no problem with federal officers doing their job, but how they do it matters,” said Friel.
“It breeds distrust in the police to have unidentified people taking people off the street without a warrant. We have masked gunman grabbing people out of grocery stores in Norristown,” said Friel. “There is no room for this kind of behavior in America, and we won’t have it in Pennsylvania. Either the Constitution applies to everybody, or it applies to nobody.”
“This is a terrible, terrible precedent, and I’m hoping we can walk it back,” Friel said.