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The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
"Facial covering" means any opaque mask, garment, or other item that conceals or obscures the facial identity of an individual including, but not limited to, a balaclava, tactical mask, gator, ski mask, and any similar type of facial covering or face-shielding item. "Facial covering" does not include any of the following:
A translucent face shield or clear mask that does not conceal the wearer's facial identity.
An N95 medical mask or surgical mask to protect against transmission of disease or infection or any other mask or device including, but not limited to, air-purifying respirators, full or half masks, or self-contained breathing apparatuses necessary to protect against exposure to any toxin, gas, smoke, or any other hazardous environmental condition.
A helmet used to protect the wearer's head during transportation on a bicycle or motorized vehicle.
"Law enforcement officer" means any peace officer defined in RCW 10.116.010 or any employee or agent of the United States government who has the authority to carry firearms and make warrantless arrests and whose duties involve the enforcement of criminal, customs, or immigration laws of the United States.
"Undercover operation" means a planned act authorized by supervising agents, agencies, or a court warrant that uses an undercover operative to intentionally interact with a suspected criminal violator or others, or to obtain evidence of criminal activity.
"Undercover operative" means a peace officer using an assumed name or cover identity to interact with nonlaw enforcement individuals or entities to collect evidence of criminal activity.
Consistent with RCW 10.116.050, a peace officer shall be reasonably identifiable by the officer's clearly displayed name or other information on the officer's uniform that members of the public can see and the agency can use to identify the officer.
A law enforcement officer shall not wear a facial covering while interacting with the public in the performance of their duties.
This section does not apply to the following:
An officer performing their duties as an undercover operative during an active undercover operation; or
Protective gear used by special weapons and tactics team officers that are necessary to protect their faces from harm while performing their special weapons and tactics team responsibilities.
A person detained by a peace officer in violation of this section may bring a civil action for damages against the officer in his or her official capacity. A prevailing claimant is entitled to recover any or all of the following remedies upon request: (a) Compensatory damages; (b) punitive damages; (c) costs and reasonable attorneys' fees; (d) injunctive relief; and (e) any other relief deemed appropriate by the court.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.