Milwaukee City Attorney halts vote on ICE OUT MKE police mask prohibition, citing need for further legal review
Milwaukee City Attorney Evan Goyke has slammed the brakes on a key provision of the “ICE OUT MKE” legislative package that would ban law enforcement officers from wearing masks or face coverings while on duty, directing that the measure requires additional review of its legality and enforceability.
This provision, set for a Common Council vote, would have barred officers from wearing masks while on the job, ostensibly making it easier to dox law enforcement officers. It would require both agency identification and individualized officer identification to be worn and mandate that law enforcement vehicles clearly display agency identification, unless you’re undercover or it’s cold out, in which case, apparently, common sense briefly returns.
City Clerk Jim Owczarski informed the council that Goyke needed more time to evaluate the proposal’s legality and enforceability, which prevented a vote. Ironically, Goyke had supported the legislation two weeks earlier during a Public Safety and Health Committee meeting.
The delay prompted frustration from several alders, according to CBS 58. District 14 Alderwoman Marina Dimitrijevic called the last-minute change “alarming,” stating, “This is just alarming news to me … to get a last-minute — I don’t even know if this is an opinion, but a change of opinion, is not the way to do people’s business. It’s not fair, and it’s gotta stop!”
District 3 Alderman Alex Brower, one of the sponsors, described the situation as “really frustrating.” He added that the city attorney’s office appears to be focused on making the legislation “as legally enforceable as possible.” Brower said he expects to hear from Goyke soon and plans to advocate for the measure even if it enters a “gray area,” arguing, “We should try, because the stakes are so high.”
Goyke indicated the matter must be discussed in closed session, according to Owczarski.
The mask-related provision is part of a broader “ICE OUT MKE” package of resolutions aimed at limiting local cooperation with federal immigration enforcement. On Tuesday, the council approved one resolution from the package that prohibits the use of city property for civil immigration enforcement activities. Additional resolutions from the package are expected to be considered in the coming weeks.
This legislation is the council’s latest attempt to virtue-signal about police transparency and relations with immigrants. Unsurprisingly, the proposal remains pending, awaiting the city attorney’s attempt to square the circle.
Goyke has not released a formal written opinion on the provision. Council members indicated they would continue working with the city attorney to resolve the questions raised.
The full “ICE OUT MKE” package has been advancing through committee review since earlier this year, but only now are the legal alarm bells ringing publicly over the mask ban. Better late than never, I suppose.
