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Arizona lawmakers reject proposal to ban police masks

Key Points:
  • Republican lawmakers reject Democrat proposal to ban police masks
  • Proposal aimed to promote transparency and accountability
  • Several Arizona law enforcement agencies already have policies against masking

Arizona lawmakers won’t ban state and local police from using masks during routine duties.

On a party-line vote, the state House rejected a proposal by Rep. Mariana Sandoval to require that police agencies have a written policy against the routine use of masks.

The proposal by the Goodyear Democrat included some exceptions, but Sandoval told colleagues that there needs to be a basic understanding of when masks are — and are not — appropriate.

“The purpose of this amendment is simple: transparency, accountability and public trust,” she said.

“Peace officers are entrusted with significant authority, including the power to detain, arrest and use force,” Sandoval said. “With that authority comes responsibility: To remain identifiable to the public when they serve.”

Conversely, she said, having police routinely wear masks undermines both transparency and community trust.

The issue has arisen by the widespread use of masks by Immigration and Customs Enforcement officers who have entered communities around the nation in the name of finding people who are not in this country legally. And that use has come under closer scrutiny in the wake of multiple videos showing masked federal officers apparently assaulting civilians, including U.S. citizens, and the deaths of two people in Minnesota.

Federal officials have insisted that the masks are necessary to keep federal officers from being “doxxed,” having their identities and the addresses of their families made public. But the policy also has led to charges that officers, protected by anonymity, have been abusive.

Nothing in her proposal would have affected what federal officers could do, as their actions are beyond the reach of state laws. But Sandoval said she wanted to make sure the practice does not spread to state and local agencies.

Sandoval specifically questioned the need for police in Arizona to wear masks, noting that several law enforcement agencies already have policies prohibiting their routine use.

Tucson police, for example, issued a statement last month saying that officers responding to calls or conducting enforcement actions “are not permitted to wear face coverings.” The policy also says officers will provide their name, badge number and show their department-issued identification card with their photograph “to any person who requests it, whenever possible under the circumstances.”

Phoenix has a similar policy.

Lt. Col. Daven Byrd of the Arizona Department of Public Safety has issued a directive that his highway patrol officers will not wear face masks or otherwise hide their identity.

Other agencies have a different approach.

Greenlee County Sheriff Eric Ellison said his office does not have such a policy but added that masking would not be allowed as part of normal operations while he is in office.

And the Flagstaff Police Department put out a statement after the killing of Alex Pretti in Minnesota saying that officers will not wear full-face coverings “except when needed in inclement weather.” And the agency also said that if people come across someone in a face covering or lacks clear identification on clothing, “the public has the right to question that individual’s identity.”

Sandoval said a policy against masking makes sense.

“Requiring clear identification protects both the public and law enforcement officers and promotes professionalism, reinforces accountability, and helps to ensure that interactions between officers and community members are grounded in mutual trust,” she said.

Since Democrats generally can’t get their proposals heard in the Republican-controlled Legislature, Sandoval sought to attach her language to HB2862.

That is Rep. Quang Nguyen’s proposal to impose a stiffer penalty for people who commit certain crimes while masked. The Prescott Valley lawmaker said an additional penalty in those circumstances is necessary.

But Sandoval never actually got a chance to get a full debate in the House. That is because the Republican majority used a procedural maneuver to replace her amendment with an entirely different one.

And when she tried to overturn that tactic, all the Republicans on the floor voted to reject the move.

Justine Wadsack drops civil rights lawsuit against Tucson police

Key Points:
  • Ex-Sen. Wadsack drops civil rights claim against Tucson police
  • Wadsack cites family health crisis for dropping the lawsuit
  • Wadsack settled the initial traffic violation by completing a defensive driving course

Justine Wadsack is dropping her claim that Tucson police and others violated her civil rights with a 2024 traffic stop.

In new court filings on Sept. 9, the former state senator from Tucson told U.S. District Court Judge Jennifer Zipps that she is “experiencing a family health crisis” and that there has been a “negative impact of this lawsuit on my ability to care for my family.”

Wadsack also “sincerely” apologized for her failure to show up in court on Aug. 26 as the judge had ordered. That was for a hearing to determine whether Dennis Wilenchik should be able to withdraw as her attorney.

But in her court filing, she said there’s a reason she was a no-show in court.

“As noted in prior filings, I am experiencing a family health crisis that is physically and mentally draining,” Wadsack wrote.

“Consequently, I will at times lose focus and mix up specific dates and times,” she told the judge. “That is what caused my failure to appear.”

But during the time she was supposed to be in court, Wadsack posted on X that she was at a presentation by Charlie Kirk, the founder of Turning Point Action. Wadsack told Capitol Media Services she is now employed by that organization.

Wadsack offered no details in her latest filing on what she called her “underlying family health crisis.” Instead, she told Zipps she would, if required, submit details confidentially to the judge “given the deeply personal nature of the issue.”

Wilenchik, in what is likely his last action on Wadsack’s behalf, told the judge that her request to dismiss the case should end the matter without the need for further court action. What it also does, he said, is preclude the court from considering a request by attorneys for Tucson that Wadsack be sanctioned both for failing to pursue the case as well as for failing to show up.

The lawsuit is an outgrowth of a traffic stop in April 2024 on East Speedway Boulevard, where the Tucson police officer said she was driving 71 miles an hour in a 35 mph zone, which is a felony.

She was not issued a ticket at the time because the Arizona Constitution exempts legislators from arrest while the Legislature is in session. And Wadsack said she had a placard attached to her rear license plate noting she was a senator.

But that constitutional provision did not preclude police from citing her after the session ended. Wadsack settled the matter by completing a defensive driving course.

That, however, was not the end of the matter.

Earlier this year, she filed suit against the police officer who pulled her over in the first place, as well as the city and various others in the Tucson Police Department, accusing them in federal court of violating her civil rights.

Wadsack said the defendants sought to cause her “embarrassment and emotional distress as well as destruction to her character and legislative position by charging her with the bogus traffic crime, and publicizing it.”

She claimed all of this was in retaliation because she was an “outspoken critic of the Tucson City government.”

Wadsack also said she was targeted as a member of the Freedom Caucus, composed of the most conservative members of the Legislature, and “because she is a woman and her primary opponent was a man who TPD officials felt could be controlled better.”

That opponent was Vince Leach, who she had defeated in the 2022 GOP primary. Leach ended up winning the primary in 2024 — after all the publicity about her citation — and now represents the legislative district that makes up much of northern and eastern Pima County and the southern part of Pinal County.

Wadsack, who has since moved to Gilbert, declined to comment beyond what is in the pleadings.

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