Today, the Department of Justice filed a lawsuit against the City of Philadelphia, Mayor Cherelle Parker, District Attorney Lawrence Krasner, and City Solicitor Renee Garcia, challenging their unconstitutional attempt to regulate federal law enforcement officers by criminally prohibiting federal officers from wearing masks, requiring individual identifiers, and prohibiting the use of unmarked vehicles in the city. Phila. Bill No. 260060 (“Prohibition on Law Enforcement Secreting Their Identity”).
Not only is the law an illegal attempt to regulate the federal government, but, as alleged in the complaint, the law threatens the safety of federal officers who have faced an unprecedent wave of harassment, doxing, and even violence. 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 Bill explicitly states that “It is the intent of this Council to define the structure of the scope of duty, as well as substantive obligations of . . . federal law enforcement operating within the jurisdiction of the City of Philadelphia.” This led to the Mayor and City Solicitor openly questioning the Bill’s “significant legal problems, primarily concerning the City’s authority to regulate the conduct of federal officers when carrying out their duties under federal law.” Indeed, the City Solicitor observed that the Bill “would send an inaccurate signal to the public that the [City] can legally and practically enforce the Bill.” Nevertheless, the Bill is set to take effect next month, absent the relief sought today by the United States.
“Today we regrettably had to sue the birthplace of this great Nation,” said Associate Attorney General Stanley Woodward. “But we will not sit by while Philadelphia flagrantly violates our Constitution, seeking to criminally punish our Nation’s law enforcement heroes merely for doing their job.”
“It is disappointing to see the city where our Constitution was born so egregiously violate its separation of powers by criminalizing the work that Federal officers do to keep Philadelphians safe,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “Philadelphia may not regulate Federal operations and its unconstitutional attempt to do so must be stopped.”
Acting Attorney General Blanche has instructed the Department’s Civil Division to identify state and local laws, policies, and practices that facilitate violations of federal laws or impede lawful federal operations. Today’s lawsuit is the latest in a series of lawsuits brought by the Civil Division targeting illegal policies designed to thwart federal law enforcement across the country, including in Virginia, Connecticut, New Jersey, and California.