LOUISVILLE, Ky. (WDRB) -- Days after Louisville leaders announced police would begin enforcing a 40-year-old mask ordinance amid a rise in violent crime in the city, the American Civil Liberties Union of Kentucky is weighing in.
In a statement Friday, the ACLU said that while it recognizes the "legitimate law enforcement interests in being able to identify subjects of an investigation, there is a significant risk in allowing the Louisville Metro Police Department to selectively enforce Louisville's anti-masking ordinance."
Tuesday, Mayor Craig Greenberg made a push to enforce the city's mask ordinance. Right now, when people see someone wearing a face mask, it's assumed to be related to COVID-19. But recently, police and city leaders say masks are being used as a disguise for people committing crimes.
An example provided by the mayor was a shooting last weekend in the parking lot of Pleasure Ridge Park High School that left two juveniles injured. At least one of several suspects in the shooting was reportedly wearing a face mask.
The ordinance says no person shall, while wearing any mask whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, enter, be or appear in any public place within Jefferson County.
It's meant to stop criminals from wearing masks to hide their identities when they commit a crime. Greenberg has also said exemptions will be made for special circumstances, such as illness, but that the city is working to further amend and modernize the ordinance.
"Whether officers' actions are based on a 'totality of circumstances' or some other equally vague standard, the ordinance could easily be used as a pretext to disproportionately detain people of color," the ACLU's statement continued. "This concern is not merely hypothetical, as LMPD has an unfortunately well-documented history of abusive practices, as has been noted by the U.S. Department of Justice."
LMPD Chief Paul Humphrey addressed concern and confusion from the community surrounding the ordinance from the 1980s the day after Greenberg's announcement.Â
Humphrey emphasized that the revival of the ordinance is just one part of a broader strategy to address rising crime in Louisville. He said enforcement of the ordinance will be on a case by case basis, and people who wear masks for health purposes will not be targeted. He also stressed that enforcing the ordinance is one part of a bigger plan to combat crime.
The ACLU is encouraging LMPD to "develop specific guidelines to govern circumstances under which an individual may be detained for purportedly violating the anti-mask ordinance, to minimize the risk of it being used disproportionately on communities of color" to the extent the agency "seeks to overcome its own past."
Previous Coverage:
- Louisville police arrest masked man with gun near Dixie Highway after tip from resident
- Louisville Police Chief clarifies enforcement of anti-mask ordinance after community concerns
- Family of victim in PRP High double shooting fed up with gun violence in Louisville
- Louisville mayor pushes for enforcement of 40-year-old mask ordinance amid violent crime concerns
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