Senate Judiciary hears experts urge council rulemaking rather than complex statutory mask exceptions in S.208

Jan 16, 2026

A Department of Public Safety commissioner and a constitutional law professor told the Senate Judiciary Committee that S.208’s goals (ensuring officer identification and limiting face coverings used to hide identity) may be better achieved through Criminal Justice Council rulemaking or a statewide policy than by detailed statutory exceptions; legal challenges under intergovernmental-immunity and preemption doctrines remain possible.

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The Vermont Senate Judiciary Committee on Jan. 15 heard testimony urging the committee to consider administrative rulemaking through the Criminal Justice Council, rather than embedding detailed exceptions in statute, to address proposed restrictions on law-enforcement face coverings in S.208.

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