Title
Adding Chapter 268B to the Legislative Code to require law enforcement officers to conduct law enforcement operations without a mask or facial covering unless certain exceptions apply.
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WHEREAS, transparency and accountability in law enforcement operations are essential to maintaining public trust; and
WHEREAS, obscuring the identity of law enforcement authorities erodes the trust that is necessary for the effective enforcement of the city’s ordinances;
WHEREAS, across the country, state and local law enforcement respond to calls in full uniform, including to calls to dangerous situations, violent crime, or situations that may threaten their well-being, and do so without relying on a face covering to obscure their identity;
WHEREAS; masked law enforcement is antithetical to this City’s deeply-held commitment to government transparency and accountability, and historically, law enforcement officers have been expected to be identifiable when dealing with the public, detaining people, and making arrests.
WHEREAS, absent personal identification or identifiable facial characteristics, masked law enforcement interactions render it nearly impossible to report or hold officers accountable for unprofessional behavior or conduct, even in instances of violent activity;
WHEREAS, Minnesota Statutes, section 609.735, has been legally effective for over 100 years and provides that it is a misdemeanor for a person to conceal their identity in a public place with a robe, mask, or other disguise unless certain specified exceptions apply;
WHEREAS, Minnesota Statutes, section 609.735, was enacted in 1923 for the primary purpose of preventing Ku Klux Klan activity in the State. Minnesota Voters Alliance v. Walz, 492 F. Supp. 3d. 822, 834 (D. Minn. 2020).
WHEREAS, Chapter 10, United States Code, Section 723, provides that during a civil disturbance, federal law enforcement personnel employed to provide support are required to visibly display the individual’s name and the name of the agency of which they are employed;
WHEREAS, Department of Homeland Security regulations, promulgated through the agency’s rulemaking authority, explicitly require Immigrations and Customs Enforcement agents to identify themselves as immigration officers at the time of arrest. 8 C.F.R. §287.8(c)(2)(iii)(A) (2025)
WHEREAS, a requirement to conduct law enforcement operations without a facial covering unless an exception applies would affect incidentally the mode of carrying out an officer’s employment without any effect on the federal government’s authority to enforce immigration law;
WHEREAS, the routine and ubiquitous use of facial coverings by law enforcement officers has a significant and unquestioned impact on public safety, including:
(1) implications for public perception, officer-community interactions, and accountability, and increases the risk of impersonation by unauthorized individuals;
(2) visibility of another’s facial features is vital for facilitating both verbal and non-verbal communication, intent, emotional affect, particularly in stressful or escalating situations;
(3) preventing other law enforcement officers from identifying a masked person as law enforcement and interact with them accordingly, especially when both officers may be armed;
(4) unnecessary escalations in the community, as whether it is intended or not, members of the public may experience fear or intimidation when approached by officers whose faces are obscured, which heightens defensive behavior or may lead someone to resist physically, verbally, or both;
(5) unnecessary confusion from bystanders who witness law enforcement actions, as an individual would be unable to discern whether the masked individual is perpetrating harm against another, or is a legitimate law enforcement officer performing a valid arrest; and
(6) risks to non-native English speakers, persons with disabilities, persons with speech processing or auditory issues, persons in mental health crisis, or any other physical or mental health reason where an interaction with a masked law enforcement officer becomes extremely difficult;
WHEREAS, people with insidious and illegal motives are using the rising trend of unidentifiable law enforcement to pose as law enforcement to enter homes under false pretenses, commit violent crimes, and harass civilians;
WHEREAS, the State of Minnesota’s political leadership this summer was targeted by a political assassin, who allegedly relied on a life-like realistic facemask and impersonated a law enforcement officer, to commit his horrific crimes
WHEREAS, the City finds that masking by law enforcement poses significant public safety issues for both the general public and law enforcement officers themselves;
THEREFORE BE IT RESOLVED, the Saint Paul City Council adds Chapter 268B to the Legislative Code to prohibit the performance of law enforcement operations while the officer wears a facial covering or personal disguise unless certain exceptions apply.
The City Council of the City of Saint Paul Does Ordain:
Section 2.
Sec. 268B.01. Masking or facial covering prohibited.
(a) Definitions.
For purposes of this chapter, the following terms have the meanings given:
(1) “Face Covering” means any opaque mask, garment, helmet, headgear, or other item that conceals or obscures the facial identity of an individual, including, but not limited to, a balaclava, tactical mask, gator mask, ski mask, and any similar type of facial covering or face-shielding item to obscure the effect of an individual’s facial features or characteristics. “Face covering” does not include the following: an N95 medical mask, surgical mask, or transparent face shield to protect against transmission of disease or infection or any other mask, helmet, or device, including but not limited to air-purifying respirators, full or half masks, or a self-contained breathing apparatus, necessary to protect against exposure to any toxin, gas, smoke, inclement weather, or any other hazardous or harmful environmental condition;
(2) “Law Enforcement Agency” means any governmental department, agency, office, or division with the authority to detect and apprehend persons violating federal, state, or local laws. This includes any federal law enforcement agency, any law enforcement agency of the State of Minnesota, any county law enforcement agency, any law enforcement agency of a city or any other local unit of government, and any law enforcement agency of another state;
(3) “Law Enforcement Officer” means any officer of a local, state, or federal Law Enforcement Agency, or any person acting on behalf of a local, state, or federal Law Enforcement Agency, empowered with the authority to detect and apprehend persons violating federal, state, or local laws.
(4) “Law Enforcement Duties” means law enforcement operations involving:
(i) proactive patrols on foot or in or on a police vehicle;
(ii) detention or arrest of an individual; or
(iii) deployment for crowd control purposes
(5) “Personal Disguise” is any mask, clothing, wig, or item worn with the specific intent to alter a person’s appearance to conceal their identity, physical characteristics, or impersonate another.
(b) Use of Face Covering and Personal Disguises prohibited.
A Law Enforcement Officer shall not wear a Face Covering or Personal Disguise that conceals or obscures their facial identity in the performance of Law Enforcement Duties.
(c) Exceptions; limitation of exception.
(1) Paragraph (b) does not apply to a Law Enforcement Officer when the officer is:
(i) conducting active undercover operations;
(ii) conducting tactical operations where protective gear is required for physical safety;
(iii) utilizing a Face Covering with eye protection from the use of retinal weapons;
(iv) assigned to Special Weapons and Tactics (SWAT) team units, or agency equivalent, while actively performing their SWAT responsibilities
(d) Penalty.
Any Law Enforcement Officer performing Law Enforcement Duties who willfully and knowingly violates this section is guilty of a misdemeanor and, upon conviction thereof, may be punished by fine, by imprisonment, or both, as provided under section 1.05 of the Legislative Code. Each violation of this chapter by a law enforcement officer on a given day is considered a separate violation.
Sec. 268B.03. Severability,
The provisions of this chapter are severable. If any section or provision within a section is found to be invalid or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
Section 3.
This ordinance shall take effect thirty (30) days after passage, approval by the Mayor, and publication in the City's newspaper.