Oregon Advances Bill to Limit Federal Reach in the State and Stop Masked Policing
House Bill 4138, which limits cooperation with federal and out-of-state law enforcement agencies and requires officers in Oregon not to hide their identity, will now move to the State Senate for consideration after successfully passing through the House of Representatives.
The Bill Gives Individuals the Right to Seek Court Orders
The Law Enforcement Accountability and Visibility Act grants individuals the legal authority to seek court orders to stop actions targeting specific race groups.
It also prohibits state and public employees from intentionally assisting federal and out-of-state actions targeting specific individuals, or from conducting unlawful searches and seizures.
HB 4138 also directs law enforcement agencies to publicly post policies restricting the use of facial masks. Face coverings will only be allowed during limited operations, such as undercover assignments.
Source: A Engrossed HB 4138 Sections 1 / 4 / 5 / 11 Oregon Legislative Information System
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Fascism is Knocking Down Doors Without Warrants
According to Rep. Farrah Chaichi, D-Beaverton/Aloha, “fascism is knocking down doors without warrants. She described the bill as protection for frightened Oregonians, making authority accountable, visible, and transparent.
Opponents of the Law Enforcement Accountability and Visibility Act, including some law enforcement representatives, are concerned that the bill could restrict flexibility in high-risk operations.
| Topic | What the bill says | Examples |
|---|---|---|
| Facial covering | Any opaque item that conceals or obscures facial identity | Mask / balaclava / tactical mask / gaiter / ski mask |
| Not treated as a facial covering | Protective gear that is medical or safety related or does not conceal identity | N95 or respirator / underwater breathing apparatus / bike or motorcycle helmet when required / fire helmet for arson investigation / protective eyewear for lasers / clear face shield |
| When an officer may wear one | Only in limited circumstances spelled out in the bill | Undercover duties / tactical response teams when needed to prevent harm / extreme or severely inclement weather |
| Election area rule | No face covering allowed during vote collection or tabulation within 250 feet of listed ballot sites | Ballot deposit location / ballot marking area / voting booth |
They believe that officers without facial coverings could be exposed to doxxing and other acts of retaliation when taking part in activities such as gang-related investigations and responding to public protests.
Provisions Related to Federal Cooperation Could Spark Legal Challenges
Furthermore, critics argue that provisions related to federal cooperation could spark legal challenges over federal preemption.
However, proponents believe that HB 4138 clarifies standards and does not hinder enforcement.
Fake Cop Incidents Have Been Recorded in Oregon
Several “fake cop” incidents have been recorded in Oregon in recent years.
An incident that can be directly linked to a public safety issue that lawmakers are responding to with HB 4138 relates to a recent arrest in Clackamas County.
Law enforcement arrested a man “patrolling” Mt. Hood Meadows in what appeared to be an unmarked state police vehicle. He claimed to be a member of the Oregon State Police and was arrested and charged with impersonating a police officer.
Rep. Thuy Tran. D-Outer Southeast Portland believes the bill will ensure a safer Oregon by establishing clear identification standards. She points out that public safety depends on trust between the community and law enforcement.