Trump Administration Sues California Over Law Banning Police Face Coverings

The U.S. Department of Justice filed a lawsuit on Monday challenging a new California law that prohibits law enforcement officers from covering their faces during public demonstrations. The law, Assembly Bill 481, was signed by Governor Gavin Newsom in 2021 and took effect earlier this year. It targets the use of face masks, shields, and other coverings that can obscure officers’ identities during protests and public gatherings.

According to the complaint, the Justice Department argues that the California statute violates the Supremacy Clause of the U.S. Constitution by interfering with the operations of federal law enforcement officers. The federal government contends that the law disrupts the ability of federal agents, including those working in undercover roles or handling sensitive operations, to carry out their duties while protecting their identities.

The conflict stems from provisions in the law that allow exceptions for face coverings for health or safety reasons, such as during a pandemic or in crowd-control situations involving tear gas. However, the Justice Department claims that these exceptions are not broad enough to include standard federal practices, especially for officers operating in plain clothes or under threat.

This is the latest in a series of legal disputes between the federal government and California over the state’s attempts to assert local control over law enforcement practices. Past clashes have included immigration enforcement and environmental regulations.

The complaint specifically requests that the court block California from enforcing the face-covering ban against federal agents. It asserts that U.S. Constitution Article VI gives federal law superiority over conflicting state measures and that California’s statute could put federal personnel at risk.

California Attorney General Rob Bonta has not yet responded to the federal lawsuit. State lawmakers who supported the bill said it was designed to increase transparency and public trust during protests, particularly in response to concerns about police accountability following the 2020 George Floyd demonstrations. Legislators specifically cited incidents where officers were seen covering their faces during crowd control events, making it difficult for citizens to identify them.

The case will be heard in U.S. District Court. No court dates have been set. The outcome could set new boundaries on how state transparency laws apply to federal officials operating within California’s jurisdiction.