WA state invoice banning masks for regulation enforcement heads to Gov Bob Ferguson’s desk
“The bill recklessly endangers the lives of members of our law enforcement community and their family members.”
A proposal from Washington state Democrats that would limit when law enforcement officers can wear face-concealing masks during public operations is one step closer to becoming law.
The Washington House has passed Senate Bill 5855, legislation that would prohibit most local, state, and federal law enforcement officers from wearing masks that obscure their identities while interacting with the public. The bill now heads to Gov. Bob Ferguson’s desk for possible signature.
SB 5855 would bar officers, including federal agents like those with Immigration and Customs Enforcement (ICE), from wearing face coverings that conceal their identities during public interactions, according to supporters of the measure. The bill includes limited exceptions, such as medical masks and helmets, and allows face coverings in certain circumstances, including undercover assignments and some tactical operations.
The measure also allows individuals detained during interactions covered by the law to bring civil lawsuits seeking damages, attorneys’ fees, and other relief.
Federal officials urged lawmakers to slow down, arguing the bill does not adequately account for what they described as a worsening security environment for immigration enforcement officers and their families. “The bill recklessly endangers the lives of members of our law enforcement community and their family members,” said Pete Serrano, First Assistant US Attorney for the Eastern District of Washington, pointing to increased reports of doxing incidents targeting officers. Serrano cited Department of Homeland Security statements indicating doxing cases surged dramatically as of last fall.
Rep. Brian Burnett, R-Wenatchee, a former Chelan County sheriff, sharply criticized the legislation, saying it ignores the realities officers face in volatile situations and increases the risk of harassment and retaliation. “This bill isn’t about transparency. It’s about politics,” Burnett said. He argued that in circumstances such as riots, civil unrest, or situations involving organized hostility toward law enforcement, protective gear, including face coverings, can be critical for safety.
Burnett also pointed to amendments he said were rejected by the majority party. One would have explicitly allowed officers responding to riots, protests, and civil unrest to wear protective face coverings when a reasonable person would believe such protection was necessary. Another would have clarified that officers working in plainclothes assignments could still wear facial coverings while carrying out their duties. Both amendments failed.
“Those amendments were common-sense protections,” Burnett said. “The majority party had an opportunity to acknowledge that reality and refused.”
Burnett noted that Washington law already requires officers to be reasonably identifiable through uniforms, badges, and other identifying information, and said SB 5855 goes further by restricting protective equipment while also increasing legal exposure through civil litigation.
“Transparency matters,” he said. “But transparency does not require exposing officers to doxing, harassment, or threats against their families.” He also warned the bill could worsen recruitment and retention challenges for departments already struggling with staffing.
The bill passed the Legislature with no Republican support and includes an emergency clause that would make it take effect immediately if signed. SB 5855 is now headed to Gov. Ferguson’s desk.