Baltimore County Councilman Izzy Patoka’s legislation that would ban police officers from wearing masks is in trouble in the county council. Council members are objecting to it in part because as it’s currently written it would apply to county police, not just federal law enforcement agents.
Patoka said Thursday that he will amend the bill to exclude county police officers, although he admits that might not be legal.
At a council meeting earlier this week, Republican Councilman Todd Crandell said Patoka’s legislation is an insult to the county police department.
“So you’re legislating an agency that does not wear masks, does not plan to wear masks,” Crandell said.
Patoka replied that it’s not local law enforcement that he is targeting.
“This is not the Baltimore County Police Department,” Patoka said. “This is a federal law enforcement agency, ICE. We see it on the news every night.”
Patoka told WYPR that he will amend his bill to exclude the county police before the final vote, which is expected Monday.
In a recent appearance before the Baltimore County Fraternal Order of Police, Patoka made it sound likely that he would have to pull the bill. The video of his remarks is posted on the FOP’s Facebook page.
“I might have to pull the whole bill because the intent was … the behavior of ICE is not the behavior of the Baltimore County Police Department, Patoka said. “But in order to make the bill viable legally, this is what my lawyers have told me is that you can’t just target one agency, ICE.”
Patoka added that he has been advised that his amendment excluding the county police is unconstitutional “so I think I’m going to have to pull it. I can’t have it both ways. I can’t exclude the Baltimore County Police Department and have it legal and so I am trying to get more opinions on whether I can do that and if not then it’s going to disappear.”
Patoka is a Democrat and is running for county executive.
At the council meeting, Councilman Crandell said Patoka is pandering for votes.
Crandell said, “What you’re doing is trying to get headlines for an election year issue that simply does not exist in Baltimore County, because this body cannot oversee or put restrictions on a federal agency. It’s completely outside of our purview.”
Patoka says the point of the legislation is to send ICE a message.
“They can’t come into this county and violate our laws,” Patoka said.
Councilman Julian Jones, who is also running for county executive as a Democrat, pointed out that the county has no authority over federal agents.
Patoka had considered proposing the mask ban legislation weeks ago but held back because he said he didn’t think he had the votes.
He decided to introduce it in February because the tactics used by ICE agents are so unpopular.
The legislation would also require officers to wear identification.
“Wearing a mask has two functions: one is to create a level of fear and then second to almost give a sense of terror to people who are engaging with law enforcement,” Patoka said.
There are numerous exceptions to the proposed mask ban in the legislation. They include when they are needed for protection, such as at a fire or a chemical spill. A SWAT team could wear whatever gear is necessary to protect them from being hurt.
