ACLU Vermont backs S.208, committee debates mask exemptions, enforcement and civil penalties
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Summary
Falco Schilling of ACLU Vermont told the House Judiciary Committee S.208 would improve accountability by requiring clearer law-enforcement identification; members questioned whether exemptions for undercover work and protections for officers' families are broad enough and raised enforcement and federal-jurisdiction concerns.
Falco Schilling, associate director of the American Civil Liberties Union of Vermont, told the House Judiciary Committee on Feb. 17 that the ACLU supports S.208, legislation intended to require clearer identification of law-enforcement officers and to limit when officers may conceal their identities.
"At a high level, we are supportive of the goals of S.208," Schilling said, adding that clear identification helps people know an order is lawful and allows individuals harmed in encounters with officers to pursue complaints and remedies. He cited instances of impersonation and warned that law-enforcement-style markings can be easily purchased online: "You can get patches that just say police. You get patches that say ICE," he said.
Schilling highlighted accountability and public trust as central aims. He acknowledged the bill includes enumerated exceptions for when officers may need to mask or conceal identity, such as protection from biological or chemical agents, and said those exceptions deserve further committee attention so they do not impede legitimate policing duties.
Committee members focused questions on two core issues: whether violations should be civil or criminal, and how the law would be enforced, particularly against federal officers. Schilling said the ACLU favors a civil penalty in the statute as drafted and warned against adding new criminal offenses without careful consideration, though he did not rule out criminal sanctions depending on how they were structured. He noted the Senate moved the bill forward on a 27-2 vote.
Members raised practical enforcement concerns. Schilling said the draft does not specify an enforcement body and observed that, as written, a civil fine would likely require another law-enforcement officer to issue it. He suggested the committee consider alternative enforcement mechanisms, such as authority for the attorney general or a deputized state officer, because the state's Criminal Justice Council lacks jurisdiction over federal officers.
Several lawmakers stressed officer safety and protection of family members as reasons the committee should carefully weigh exemptions. One member recounted an officer family's experience in Seattle and urged allowances for officers who fear targeted harassment. Schilling affirmed those concerns but emphasized that identification serves to distinguish sworn officers from private individuals and to preserve avenues for accountability when rights are violated.
Rep. Angela Ventura stated for the record that the bill's written exceptions explicitly include "mask[ing] related to protection against exposure to biological [or] chemical agents during an incident where these agents may be present." Schilling said that language is among the types of exemptions the committee could refine.
Schilling also addressed legal risks. He referred to ongoing litigation in other states and appellate-level questions about how courts might treat statutes that affect federal officers; he said the bill's identification requirement is likely an incidental regulation rather than a direct control of federal operations but acknowledged possible as-applied challenges.
The committee did not vote on S.208 at the session's close. The chair said the panel will resume the discussion in its next meeting with additional testimony from law-enforcement representatives and the director of the attorney general's civil rights unit.
What happens next: the Judiciary Committee will continue hearings, taking testimony from state and local law-enforcement witnesses and the attorney general's civil rights director before considering revisions to exemptions and enforcement language.
