Controversial New MD Law In Effect Thursday Already Facing A DOJ Lawsuit

The U.S. Department of Justice has filed a lawsuit against the state of Maryland, Maryland Attorney General Anthony G. Brown, the Maryland Police Training and Standards Commission, Prince George’s County and Montgomery County for prohibiting mask-wearing by federal officers.

The ban, signed by Gov. Wes Moore, took effect Thursday.

The lawsuit challenges what prosecutors called an unconstitutional attempt to regulate federal law enforcement officers by prohibiting them from wearing masks and requiring them to provide identification under Maryland Code.

Assistant Attorney General Brett Shumate of the Justice Department’s Civil Division said the federal government has the right to determine what equipment federal officers wear while performing official duties.

“These Maryland state and local laws are a direct regulation of federal law enforcement operations and threaten severe consequences for officers and public safety alike,” Shumate said.

According to the complaint, the laws put in place are "illegal attempts to regulate the federal government" and "threaten the safety of federal officers."

"Threatening officers with prosecution for simply protecting their identities and their families also chills the enforcement of federal law and compromises sensitive law enforcement operations," the complaint states.

Maryland is the eighth state the DOJ has sued over what it calls the unlawful regulation of federal agents.

That law requires the Maryland Police Training and Standards Commission to develop a new uniform policy prohibiting officers from wearing face coverings while performing their duties, with defined exceptions, Patch previously reported.

The state legislation broadly defines masks as any covering that obscures one's face, including balaclavas, ski masks, neck gaiters, and tactical masks. Exceptions include medical masks, religious garments, protective gear during tactical operations, and situations where an officer is conducting undercover work.

Law enforcement agencies operating in Maryland must adopt a policy consistent with the commission's model, the legislation stated. Counties, municipalities, and law enforcement agencies may not adopt competing face-covering policies. The measure also requires that officers wear identification on their outermost clothing while performing official duties.

Today’s lawsuit targeting Maryland is the latest in a series of lawsuits brought by the Civil Division focusing on illegal policies the DOJ states are designed to "thwart federal law enforcement across the country."

The complaint can be viewed here.