Oregon Bill Would Ban Masked or Unidentified Law Enforcement Officers After Years of Controversy
A bill to prevent state and federal law enforcement agents from hiding their identity while operating in Oregon has been tabled for discussion by lawmakers.
However, it will not be plain sailing for House Bill 4138, as antagonists have made their reasons for opposing “illegal” legislation in terms of the constitution.
Rep. Farah Chaichi Wants Enforcement Agents to Wear Visible Identification
The chief sponsor of HB 4138 is Rep. Farah Chaichi, D-Beaverton, who proposes that police and other law enforcement agents to wear visible identification displaying their name and/or badge number, and the name of the agency to which they are attached.
The Bill is Flawed as Federal Law Supersedes State Law
Senate Judiciary Chair Floyd Prozanski points out that federal law supersedes state law, and therefore lacks the authority to enforce legislation against federal agents.
His reasoning is backed by House Minority Leader Lucetta Elmer, while DHS Assistant Secretary Trisha McLaughlin has accused Oregon lawmakers of fueling hostility toward law enforcement. McLaughlin warns that the federal agency “will not abide by a state’s unconstitutional ban.”
The House Bill also prohibits officers from wearing face coverings or masks while on duty.
| Topic | What HB 4138 says as introduced |
|---|---|
| Visible officer ID | Agencies must set policies so names or unique IDs and agency markings are clearly visible on uniforms, with limits for undercover duties. |
| No intentional obscuring | Policies must prohibit intentionally covering or obscuring required identifying information. |
| Facial coverings | Agencies must adopt a general ban on facial coverings on duty, with narrowly listed exceptions. |
| Public employee limits | Public employees are restricted from voluntarily assisting certain federal or out of state actions tied to protected speech, protected classes, or unlawful search or seizure. |
| Task force transparency | State and local agencies must post task force and cross deputization agreements online, with limited safety based redactions. |
| Civil lawsuits | Creates a civil cause of action and allows injunctions for certain violations. |
| Effective timing | The measure summary flags an emergency clause, with some provisions becoming operative on a set timeline after the effective date. |
Other proposals contained in the bill restrict cooperation between state and local law enforcement employees with federal or out-of-state agencies.
It prohibits public employees from assisting in operations that target individuals who belong to a protected class or are based on political activity and speech.
The bill requires public agencies to adopt policies that prohibit the use of local resources that violate constitutional rights.
The proposal also paves the way for individuals to bring civil charges and sue for damages if they are harmed as a result of unlawful action by enforcement officers.
Among the changes are the requirement for law enforcement agencies to adopt clear written rules governing officer identification and face coverings.
Supporters Believe the Bill Will End Anonymity in Policing
Supporters of the bill believe it will put an end to anonymity in policing and ensure that the public can identify the agents working in their communities.
If the bill is passed, it will become effective 120 days after enactment.
Source: Oregon Legislative Information System / HB 4138 introduced text
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Lawmakers held a public hearing on the bill on Wednesday as debate continues over its constitutionality and enforceability.
The use of facial coverings and concealed identification during protests and crowd control in Oregon has increased significantly since 2020.
Reports frequently show officers wearing balaclavas or removing name tags in high-profile incidents, raising concerns about accountability and failures to de-escalate situations.
During demonstrations for 50 nights in Portland in 2020, protesters against racial inequality and police brutality, were arrested by masked and camouflaged Department of Homeland Security federal agents who did not wear identification badges.