Modesto CPRB ad hoc committee urges repeal of citymask provision; board backs recommendation

The Modesto Community Police Review Board on Sept. 17 recommended the city repeal the mask provision in Modesto Municipal Code 4-23.02, subsection 13, after receiving a report from an ad hoc committee and hearing more than two hours of public comment that described the provision as vague, overbroad and chilling to protected speech.

The ad hoc committee—led in the presentation by Wendy (ad hoc committee member) and listing authors Brad Hahn, Nico Lolo Rio and Latricia Beasley Dayrecommended repeal of the subsection that criminalizes wearing "a mask, scarf, bandana, or any other accessory or item that covers or partially covers the face ... and conceals the wearer's identity," with limited exceptions for religious or medical necessity. The committee also recommended that remaining portions of the ordinance be referred to the city manager and city attorney for further review.

Why it matters: community members, civil liberties groups and two local attorneys told the board that the provision has been used selectively and risks violating the First and Fourteenth Amendments. Several speakers said the ordinance had been enforced…