SB 5855, which allows people to sue if detained by a masked law officer, has passed both chambers of the Legislature and is near being signed into law by Gov. Bob Ferguson.

Ferguson has said he will sign the bill expediently once it comes to him. On March 3, the House approved a slightly amended version of the legislation to exempt helmets for transportation and face coverings worn for religious reasons.

The amended version moves back to the Senate, which can concur with or reject the changes.

Senate approves ban on police wearing face coverings

February 2, 2026

SB 5855, which would create a private right of action for any person detained by a law enforcement officer concealing their identity with a mask, has passed the Senate.

The legislation, requested by Gov. Bob Ferguson, is expected to continue to advance quickly toward the Governor’s desk.

Although the bill still contains uncapped potential liability for the agency that employs a law officer sued for wearing a mask, the bill was amended at the request of AWC and others to exempt situations where an officer’s identity is already established through badges, insignia, or other visible information.

AWC testified in two committees with concerns over the police face coverings bills

January 16, 2026

Companion bills HB 2173 and SB 5855 both limit the use of face coverings by state, local, and federal law enforcement officers.

AWC shared concerns with legislators in House and Senate committees that the bills would expand potential civil liability costs for already resource-strapped cities. Lawmakers in each chamber said the bills are targeted to defend Washingtonians against federal immigration agents hiding their identities while making arrests. However, city police and other non-federal law enforcement may be subject to its provisions.

Watch AWC’s testimony in the House.

A number of cities have shared deep concerns about several pieces of this bill. We are most concerned about the bill’s enforcement mechanism.

The bill allows for the ability for anyone who is detained by an officer wearing a mask (whether or not force is used) to bring a lawsuit against the officer in their official capacity for punitive damages and fees. This creates potentially unlimited liability for cities and other jurisdictions.

AWC is seeking a change that caps the unlimited ability for individuals to seek suit against a city.

We expect this legislation to move quickly through the Legislature. Gov. Bob Ferguson announced in his State of the State address on Tuesday, January 13, that he’d sign one of these bills as soon as it crosses his desk. The Senate version already passed with amendments in its committee, and the House version has a committee vote this week.

Dates to remember

HB 2173 is scheduled for a committee vote in the House Community Safety Committee on Thursday, January 22, at 8 am.

Two bills limit where and how police officers can use face coverings

January 9, 2026

Companion bills HB 2173 and SB 5855 have been introduced this legislative session to limit the use of face coverings by law enforcement officers. The bills are sponsored by Rep. Julio Cortes (D–Everett) and Sen. Javier Valdez (D–Seattle).

A face covering is defined in the bills as an item that conceals or obscures the facial identity of someone. This may include:

• Opaque masks
• Garments
• Balaclavas
• Tactical masks
• Gators
• Ski masks
• Any similar facial coverings or face-shielding items

The bill prohibits officers from wearing such face coverings while performing public law enforcement duties with exceptions for undercover operations, SWAT teams, and tactical gear.

In the bill, certain facial coverings are still expressly allowed, such as:

• Translucent face shields or clear masks that don’t conceal the wearer's facial identity;
• N95 medical masks or surgical masks to protect against disease or infection;
• Masks that protect against exposure to any toxin, gas, smoke, or other hazardous environmental condition; and
• Helmets used to protect the wearer's head while on a bicycle or motorized vehicle.

Importantly, the bill stipulates that a person detained by a peace officer in violation of the bill can bring a civil action for damages against the officer in their official capacity. The potential liability can include compensatory damages, punitive damages, reasonable attorneys' fees, injunctive relief, and any other relief deemed appropriate by the court.

Dates to remember

SB 5855 is scheduled for a public hearing in the Senate Law & Justice Committee on Tuesday, January 13, at 8 am.

HB 2173 is scheduled for a public hearing in the House Community Safety Committee on Tuesday, January 13, at 4 pm.

SB 5855 is scheduled for a committee vote in the Senate Law & Justice Committee on Thursday, January 15, at 10:30 am.