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Residents urge Modesto City Council to repeal anti-masking ordinance and investigate June 14 arrests
Summary
Dozens of residents urged the Modesto City Council to place repeal of Modesto Municipal Code 4-23.02(13) on a future agenda and to authorize an independent review of police actions at a June 14 protest, citing constitutional concerns and disparate enforcement.
Dozens of residents urged the Modesto City Council on Aug. 26 to put the city's anti-masking ordinance on a future agenda and to authorize an independent investigation into police actions at the June 14 protest.
The request targeted Modesto Municipal Code 4-23.02, subsection 13, which critics and civil-rights groups say is vague and allows viewpoint-discriminatory enforcement. "Laws that are overbroad and vague . . . chill speech and expression and enable arbitrary, unbridled discretion and discriminatory enforcement practices," a speaker said while reading from a July 18 letter from the ACLU of Northern California.
Why it matters: Commenters said the ordinance has already led to arrests that were later dropped and that those arrests remain on records. They argued the code disproportionately affects Black, Brown, immigrant and low-income residents who wear masks for privacy, safety or health reasons.
Public comments pressed the council to act without waiting for the Community Police Review Board(CPRB). "All that's being asked at this point is for you to put the matter on the agenda so that it can be discussed and considered," Nora Garcia Ruen, identified in public comment as a resident, told the council. Several speakers said the city council has the authority under the city charter to take up repeal or amendment without a CPRB recommendation.
Speakers also asked the council to authorize an independent probe into the police response to an anti-deportation protest on June 14. Harlan Diven, a resident who said some arrested protesters were youth and unhoused, described arrests as having a "chilling effect on First Amendment speech." Several other commenters blamed delays and called on the city to provide a timeline for action.
Council response: Council members did not take formal action on the ordinance during the meeting. Multiple speakers singled out council members who have been publicly silent on the issue and urged them to place repeal or amendment on a future agenda. The mayor reiterated the council's rules for decorum and public comment but did not announce an agenda item related to the ordinance at the meeting.
Background and context: Speakers repeatedly cited the ACLU letter to the council, which argues the ordinanceanti-masking provision raises constitutional concerns, including vague exceptions for religious and medical reasons that the ACLU says are difficult to enforce without infringing on privacy or disability protections.
What residents asked for: - Immediate agendizing of repeal or amendment of Modesto Municipal Code 4-23.02(13). - An independent investigation of Modesto Police Department conduct during the June 14 protest and a path to clear arrest records for youths whose charges were dropped. - Expanded powers and oversight for the Community Police Review Board so it can initiate independent investigations.
Public reaction: Speakers described repeated frustration with process delays. Several warned that if the council does not act, the city could face litigation and heightened political opposition in future elections.
Next steps: No formal council motion to agendize or repeal the ordinance was taken at this meeting. Several residents said they will continue to press the council and pursue legal avenues.
