Modesto police defend mask ordinance enforcement after June 14 protests; CPRB forms ad hoc to review code

Chief Brandon Gillespie of the Modesto Police Department told the Modesto Community Police Review Board on July 16 that the departments response to the June 14 protests prioritized public safety and enforcement of a municipal ordinance that bans face coverings intended to conceal identity and other items.

Gillespie said the department relied on Modesto Municipal Code section 4-23.02 and on department policies known internally as 4-66 and 4-12 when planning and carrying out enforcement. "The First Amendment of the Constitution guarantees the right of the people to peacefully assemble," Gillespie told the board, adding that local governments may adopt reasonable time, place and manner restrictions for public safety.

Why it matters: The June 14 events drew thousands by some estimates, merged multiple demonstrations in the downtown area and prompted heavy police deployment. Community members said arrests and tactics used that day damaged trust and disproportionately targeted some protesters; police contend the ordinance and tactics helped prevent violence and property damage.

Most important facts - Gillespie said the city ordinance (4-23.02) was first adopted in 2019 and amended in 2021 to prohibit masks intended to conceal identity and other items such as metal containers, gas masks, helmets, laser pointers, umbrellas, riot gear and load-bearing vests. - The department reported 5 arrests for violating the mask subsection of the municipal code, 1 arrest for obstructing officers, 1 citation for a noise violation, 18 traffic citations (mostly for unsafe behavior) and 5 vehicle tows (two for reckless driving). Photographs shown by the department were described as depicting individuals in face coverings intended to conceal identity. - Gillespie said enforcement included marked and unmarked teams, plainclothes officers, a real-time crime center using city cameras, an airplane (SkyOne) and UAVs. He described arrests as strategic and aimed at reducing crowd…