More exemptions added to police mask ban bill before it passes out of first committee
- Mark Sabbatini
- 2 days ago
- 3 min read
Amendment to Juneau lawmaker’s bill allows face concealment for tactical operations, as well as situations such as sites with toxic substances and extreme cold
By Mark Sabbatini
Juneau Independent
A bill by a Juneau legislator banning police officers from wearing masks or costumes intended to conceal their identity passed out of its first committee Thursday with changes giving law enforcement agencies a broader range of exemptions.
House Bill 250 by Rep. Sara Hannan, D-Juneau, was amended by the House State Affairs Committee to exempt officials participating in tactical operations and if wearing a mask "is "reasonably necessary for officer safety or mission execution" for reasons other than identity concealment. Committee members advanced the bill by a 4-2 vote along majority-minority caucus lines, with one minority member absent from the hearing.
There are also exemptions for other situations such as an officer wearing a helmet while on a motorcycle, protective gear during a hazardous materials response and a facemask during cold-weather operations.
Rep. Ashley Carrick, a Fairbanks Democrat who chairs the committee, said she introduced the amendment after consulting with Hannan and the Alaska Department of Public Safety.
"Essentially it continues the effort to identify a balance between those concerned with masked peace officers and those officers' ability to safely do their job," Carrick said.
Hannan, in an interview after the hearing, said the tactical exemption is intended to apply to operations such as SWAT teams whose members are wearing full face shields in dangerous situations. The bill, similar to legislation in other states, was introduced due to concerns about deployments of federal officers to cities by the Trump administration that have resulted in widespread disruptions and the deaths of several people
"That is not a special tactical duty," Hannan said of Trump’s deployments, which he has stated are for immigration enforcement.
Carrick’s amendment was unanimously adopted. Rep. Steve St. Clair, a Wasilla Republican who opposes the bill, said he favored the changes because they narrow the scope of the legislation.
St. Clair also introduced an amendment that would subject citizens interacting with police officers to the same restrictions on masks as the officers. He withdrew the amendment after Hannan and majority caucus members of the committee expressed opposition.
Another amendment by Rep. Sara Vance, R-Homer, to have the Alaska Police Standards Council determine acceptable uses of masks failed on a 4-2 vote along majority-minority caucus lines. Among the issues she raised were questions about whether the state can impose such restrictions on federal and tribal agencies.
"I think in Alaska, because we have 229 federally recognized tribes — not all of them have policing power, but some are in the process of having some sort of authority — and we have a lot of Alaskan residents who are concerned about that because it is new and this particular bill could have a direct impact on that in our relationship with the tribes in that law enforcement and the understanding, and also with our federal partners," she said.
A memo presented by Vance from legislative attorneys, which committee members got on short notice, stated the question of how mask bans would apply to tribal law enforcement agencies is a complex and evolving issue. Carrick and Vance were among lawmakers on Thursday who agreed those issues will need further scrutiny by the House Judiciary Committee, the final committee referral for HB 250 before a House floor vote.
Hannan, responding to Vance’s concern about a state bill putting enforcement restrictions on federal officers, noted a California mask ban was struck down in court because it applied only to federal officers — but a judge suggested it would have been upheld if it applied equally to all law enforcement agencies.
U.S. Department of Homeland Security Deputy Assistant Secretary Lauren Bis, in a statement this week to a Denver television station after that city passed a mask ban, declared such laws are not legally valid and her agency won’t comply with them.
"Sanctuary politicians attempting to ban our federal law enforcement from wearing masks is despicable and a flagrant attempt to endanger our officers," she stated. "To be crystal clear: we will not abide by unconstitutional bans. The Supremacy Clause makes it clear that state politicians do not control federal law enforcement."
• Contact Mark Sabbatini at editor@juneauindependent.com or (907) 957-2306.
