More items banned at protests? Modesto City Council to consider request from police

The Modesto City Council on Tuesday night will consider adding to the list of items banned at protests.

Two years ago, the council passed an urgency ordinance banning rocks, glass bottles and other items that can be used as weapons at protests that could turn violent. The Modesto Police Department is asking the council to consider another urgency ordinance Tuesday to broaden that list.

“Observed local behavior and an examination of similar incidents throughout the nation have identified a need for additional safeguards,” the proposed ordinance states.

According to a staff report from Modesto police Lt. TJ Moffett, “As law enforcement has evolved in response to subjects bent on endangering others and disrupting the exercise of constitutional rights, so have protester tactics. While existing Modesto Municipal Code guidelines have proven effective in helping provide a safe environment, observed local behavior and an examination of similar incidents throughout the nation have identified a need for additional safeguards.”

If the council passes the ordinance, the following items would be banned:

▪ Metal containers, which, like glass containers, could be used as weapons.

▪ Gas masks or breathing devices, which could be used to overcome crowd-control techniques of tear gas or other chemical dispersal. The report notes that the ban would not apply to masks or face coverings encouraged during the current COVID-19 pandemic.

▪ Helmets, which help to hide the identity of participants and can be intimidating to other participants. “Subjects participating in public assemblies in possession of or wearing a helmet of any kind are most likely doing so in anticipation of violence,” the report states.

▪ Umbrellas, which protest participants have used as weapons and shields, the report states.

▪ Riot gear, flak jackets and stab- or bullet-resistant vests. “This equipment is neither designed nor intended to facilitate peaceful assembly or the exercise of constitutional rights,” the report states. “Rather, they appear to embolden those looking for confrontation with other demonstrators and/or law enforcement.”

▪ Load-bearing or tactical vests. According to the report: “The possession of these items does not further one’s ability to peacefully assemble and are instead often used as items of intimidation and in preparation for conflict.”

The City Council is set to consider the item during its regular meeting Tuesday, which begins at 5:30 p.m. in the basement chambers of Tenth Street Place.

This story was originally published August 10, 2021 at 4:00 AM.