DOJ Sues Portland Over Mask Ban, Says It Endangers Federal Officers

Portland, OR. — The U.S. Department of Justice filed lawsuits Oct. 15 against Portland, Oregon, and St. Paul, Minnesota, challenging local ordinances that prohibit federal law enforcement officers from wearing masks and require them to provide identification.

The department argues that the requirements violate the Constitution’s Supremacy Clause by attempting to regulate federal officers performing their official duties. The lawsuits challenge Portland City Code sections 23.30.030 and 23.30.100 and St. Paul ordinance sections 268A–268B.

According to the department’s announcement, the complaints also allege that the restrictions endanger officers facing harassment, doxxing and violence. Federal officials argue that threatening officers with prosecution for concealing their identities could hamper federal enforcement and compromise sensitive operations.

“Under the Supremacy Clause of our Nation’s Constitution, states and localities cannot regulate the Federal Government and its law enforcement officers,” Associate Attorney General Stanley E. Woodward Jr. said.

Woodward said the department would challenge local laws it believes place officers and their families at risk or undermine federal operations authorized by Congress.

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Assistant Attorney General Brett A. Shumate, who leads the department’s Civil Division, said decisions about equipment worn by federal officers belong to the federal government.

“The Federal Government, not state and local governments, gets to decide which equipment federal officers may or may not wear when performing their official duties,” Shumate said.

U.S. Attorney Scott Bradford for the District of Oregon said the restrictions impede federal law enforcement’s ability to protect Oregonians and put officers at risk.

“They live in our communities. Their kids go to school in our communities. They care about our communities. They are part of our communities,” Bradford said. “It is unfair and improper to vilify them for political purposes.”

The department said Attorney General Todd Blanche instructed the Civil Division to identify state and local laws, policies and practices that facilitate violations of federal law or impede lawful federal operations.

The Portland and St. Paul cases are part of a broader series of legal challenges to state and local policies the department contends interfere with federal enforcement. Its announcement cited actions involving New York, Virginia, Connecticut, New Jersey, California, Maryland, Philadelphia, Denver and Milwaukee.

The department’s claims that the ordinances are unconstitutional are allegations presented for the courts to decide.

The complaints are available for Portland and St. Paul.