Briefs

LA County to Draft Ordinance Prohibiting Law Enforcement Agents from Concealing Identities

 

LOS ANGELES — The Los Angeles County Board of Supervisors July 29 voted to direct county counsel to draft an ordinance proposed by Supervisor Janice Hahn and co-authored by Supervisor Hilda Solis that would prohibit law enforcement officers from concealing their identities while on duty in unincorporated areas of Los Angeles County. The vote was 4-0-1 with Supervisor Kathryn Barger abstaining. 

Since the ICE raids began in early June, residents across LA County have reported disturbing encounters with plainclothes or masked agents — many refusing to identify themselves or display any form of official credentials. These incidents have sparked fear and confusion over potential impersonation and abuse.

Hahn and Solis’ motion calls for the creation of a county ordinance that would:

  1. Prohibit law enforcement officers, including federal agents, from wearing masks or personal disguises while interacting with the public in the course of their duties in unincorporated areas of Los Angeles County — with limited exceptions such as for medical protection, fire/smoke safety, gas masks, or undercover operations.
  2. Require all law enforcement officers, including federal agents, to visibly display identification and agency affiliation while performing their duties in public spaces within the unincorporated County.

Questions have been raised about whether the County of Los Angeles will be able to enforce this requirement on federal agents.  It is generally understood that local and state governments do not regulate federal law enforcement. However, Erwin Chemerinsky, dean of UC Berkeley Law School, has said that that is not absolute – especially in the 9th U.S. Circuit Court of Appeals, which covers the western United States.

“The test is, if a federal agent acts in an ‘objectively unreasonable manner,’ the state may bring a criminal prosecution,” Chemerinsky was quoted by NPR. “So I think the question is, would a state prohibition on law enforcement wearing masks interfere with the performance of their duties? Is not wearing masks objectively reasonable?”

“Ultimately, it might have to be decided by a court,” said Hahn. “But regardless, it is important that we set the clear expectation that when you are in LA County, this is how all law enforcement should conduct themselves. Our communities are asking us to protect them.  I believe that implementing this ordinance will show that LA County stands up to injustice and hate by working to hold all law enforcement officers accountable to their duty to protect and serve.”

County counsel will draft the requested ordinance and bring it back to the Board of Supervisors for approval within 60 days. 

Details: Read the full motion here.

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