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A federal judge temporarily blocked Philadelphia from enforcing against federal officers a law that restricted law enforcement officers’ use of masks, concealed identification and unmarked vehicles. As he should.
U.S. District Judge Chad Kenney, issued a preliminary injunction blocking Philadelphia from enforcing the mask ban and other restrictions against federal officers before they are set to take effect. The judge ruled that the city cannot determine how federal officers conduct operations, siding with the Justice Department, which sued last month and argued the measure was a "blatantly unconstitutional" attempt to regulate federal agents.
"When the Philadelphia City Council voted to pass Bill No. 260060 … it attempted to sidestep the Constitution’s clear mandate and disregarded this fundamental principle of law that has informed American jurisprudence for over 200 years," Kenney wrote, citing the Constitution’s Supremacy Clause, which establishes that federal law preempts state and local law in cases of conflict.
Philadelphia's mask ban against federal officers was approved earlier this year as part of a larger legislative package passed by the City Council amid a national debate over masked immigration agents carrying out raids targeting migrants in communities across the country, with some of these agents documented shooting people, including two U.S. citizens in Minneapolis in January.
The measure applied to local, state and federal law enforcement officers, but Thursday’s injunction blocked Philadelphia from enforcing it against federal officers. The statute would ban covered officers from wearing masks or shielding their identities while on duty and interacting with the public, with exceptions including medical masks, religious coverings, certain tactical equipment and hazardous conditions. They would also be required to wear visible badges and use marked vehicles in certain circumstances.
The statute would ban federal officers from wearing masks or shielding their identities. They would also be required to wear visible badges and use marked vehicles. Officers could be subject to civil and criminal penalties under the ordinance.