Proposed Baltimore County Law Enforcement Mask Ban Faces Political, Legal Questions

BALTIMORE — A Baltimore County bill that would bar law enforcement officers from wearing masks and require visible identification is drawing legal questions and accusations of political pandering.

Councilman Izzy Patoka, a Pikesville Democrat running for county executive, introduced the legislation last week, citing concerns about U.S. Immigration and Customs Enforcement officers nationwide. The bill would prohibit federal, state and local law enforcement from wearing masks or other face coverings while interacting with the public.

“While it’s really difficult to control what goes on at the federal level here in Baltimore County, I think we should take appropriate measures to strengthen, to make our communities safe, to reduce the amount of fear and terror, and especially this so-called law enforcement agency that just inflicts fear and terror,” Patoka said at a council work session Tuesday.

But some council members questioned the bill’s scope. Dundalk Republican Todd Crandell, who is not seeking reelection, called the measure “misplaced” and questioned why it would pertain to the Baltimore County Police Department, an agency “that, to my knowledge, does not use masks in that capacity and always has their name on their uniform.”

“I don’t understand anything that this bill is about, except for election year pandering in a Democratic primary,” Crandell said, adding he would not support the legislation.

The Baltimore County executive race is competitive — five Democrats, including Patoka and two of his fellow council members, are vying for the nomination in the June primary.

‘Open to modifications’

Council Chair Mike Ertel, a Towson Democrat, also asked whether Patoka’s concern was with the county Police Department. Patoka said it was not, and that he was open to modifications to better define the bill’s scope toward ICE, the agency he sees as the primary culprit, but he was not willing to give ICE a “free pass” in the county.

“Listen, we all make choices, and my choice is to stand up for our residents, irrespective of where they come from,” Patoka said. “Right now, ICE doesn’t care where you come from. They’re willing to inflict terror, to inflict fear, not only that, they’re willing to hurt American citizens wearing their masks.”

Councilman David Marks, an Upper Falls Republican, said he believed law enforcement officers wear face coverings to protect themselves from doxxing, a term used to refer to the publication of a person’s identifying information without their consent. He told The Baltimore Sun last week that he would not vote for the bill.

“There’s concerns about them being followed home, about their families being harmed,” he said. “I mean, look: We live in a very violent age, and I think that’s a big concern.”

Marks asked whether Patoka had raised the legislation with police unions or other stakeholders. Patoka said his scheduled meeting with the Baltimore County Fraternal Order of Police had been postponed.

Potential conflict with federal law

Councilman Julian Jones, a Woodstock Democrat who’s also running for county executive, raised the issue of the legislation conflicting with federal law, saying that the county could not tell ICE that their agents could not wear masks.

County Executive Kathy Klausmeier’s administration is raising similar concerns. A Baltimore County Office of Law analysis found that enforcing a mask ban on federal law enforcement “would be vulnerable to a challenge,” according to a written informational letter the Klausmeier administration submitted for Patoka’s bill.

Earlier this month, the Maryland Senate approved a state bill prohibiting all law enforcement officers, including federal agency, from wearing face coverings in most situations. But that measure also raised concerns about the constitutionality of such legislation.

A letter from the Maryland attorney general’s office states that the state mask ban itself is “not clearly unconstitutional,” but that it would be “difficult and likely unconstitutional” for the state to enforce such a prohibition against federal officers like ICE agents or to require them to adopt anti-masking policies.

Eric Rockel, the only county resident to testify on the bill Tuesday, said he hoped that if Patoka’s bill was approved, the councilman would also offer another bill prohibiting protesters from wearing masks at events.

The bill will be discussed again at the council’s March 10 work session. The council is expected to vote on it March 16.

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