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CITY ATTORNEY <br />Sonia R. Carvalho <br />CITY MANAGER <br />Alvaro Nuñez <br />CITY CLERK <br />Jennifer L. Hall <br /> <br />20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 <br />TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org <br /> <br />Local Precedents <br />• Seattle (2020): Passed an ordinance requiring name tags and prohibiting <br />covering badge numbers. Officers must also verbally identify themselves upon <br />request. <br /> <br />• New York City (2020): Officers must wear badge numbers and rank at all times. <br />A private right of action exists for willful concealment. <br /> <br />• D.C. (2023): Mandated high-visibility identification for all law enforcement at First <br />Amendment assemblies and clear agency markings on uniforms. <br /> <br />These efforts underscore a growing demand for visible, identifiable, and accountable <br />policing in public spaces. <br /> <br />Legal Considerations <br />Under California Constitution Art. XI, Sec. 7, local governments, such as the City of <br />Santa Ana, may legislate on matters of public safety, health, and welfare within its <br />jurisdiction. While local ordinances cannot obstruct federal officers from performing <br />lawful duties, they can regulate City-employed and contracted officers, set transparency <br />expectations, and condition inter-agency cooperation on compliance with local <br />standards. <br /> <br />Courts generally uphold visibility and identification requirements for law enforcement as <br />reasonable and related to compelling government interests, such as protecting civil <br />liberties and promoting accountability. <br /> <br />Recommendation <br />Adopt an ordinance requiring the following: <br />• All law enforcement officers in Santa Ana to wear clearly visible identification <br />(name or badge number) on their outermost garment while on duty <br />o This includes while responding to peaceful protests by residents <br />exercising their First Amendment rights. <br /> <br />• Face coverings are prohibited unless required for: <br />o Medical necessity (e.g., N95 masks, pandemic precautions) <br />o Wildfire-related air quality emergencies <br />o Active tactical operations where physical harm protection is necessary <br />(e.g., SWAT responses) <br /> <br />• Uniforms must clearly display the name of the officer's law enforcement agency. <br /> <br />This ordinance should apply to all law enforcement officers and agents (including local, <br />state, and federal) while operating in public within Santa Ana city limits, including those <br />working through mutual aid agreements or federal task forces. The ordinance would <br />also serve to affirm the Santa Ana City Council’s commitment to upholding the rule of <br />law, as well as to protecting all of our residents, regardless of their immigration status. <br /> <br />SUBMITTED BY <br />Councilmember Jessie Lopez <br />