Modesto expands list of banned items at protests, includes umbrellas, gas masks
The Modesto City Council has added to its list of items banned at protests, demonstrations and other public assemblies. The list includes metal containers, gas masks and riot gear.
Two years ago, the City 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 asked the council Tuesday night to update the list of banned items through another urgency ordinance.
Council members voted 7-0 to pass the ordinance, which takes effect immediately. But Councilman Chris Ricci said he had some hesitation based on comments from several members of the public who said peaceful protesters will not be able to defend themselves against the police and white supremacists and other far right groups.
The speakers claimed that Modesto police officers used batons against peaceful protesters and bystanders at the May 2020 George Floyd march, which drew more than 1,000 people.
The Bee reported then that the vast majority of participants were peaceful. Then-Police Chief Galen Carroll said 30 to 50 people caused problems at the end of the march in downtown, including throwing bottles and rocks at officers, breaking several windows and spraying graffiti. But some participants have said some officers were the aggressors.
Police arrested 16 people, mainly for failing to disperse.
The march organizers disavowed the violence. A post on the Facebook page that publicized the march said: “We want everyone to know, what happened with the cops and buildings was not us. We lead a 3.5hr PEACEFUL non violent march that ended once we got to (the Brenden theater).”
Modesto police Lt. T.J. Moffett told council members at Tuesday’s meeting that the purpose of the additional restrictions was to let police continue to keep people safe while respecting their First Amendment rights. He said the Police Department’s focus is to educate protesters first and seek voluntary compliance. He said police take enforcement actions only as a last resort.
He said when the department learns about an event, it uses social media to get the word out about the banned gear and equipment. The department also talks to groups and others involved in the assembly before it happens, as well as posts signs. He said officers hand out printouts at protests listing what is banned as they seek voluntary compliance.
At one point during his presentation, Moffett said: “Candidly, what we are trying to do here is prevent an otherwise peaceable demonstration to be manifesting itself into some sort of a war zone or something out of a ‘Mad Max’ movie. ... What we don’t want is people showing up looking for a fight.”
Moffett said the Police Department was coming to the City Council seeking an urgency ordinance because it had learned about a “potential event occurring at the end of the month in the city of Modesto.” He did not elaborate, and council members did not ask for details. Police Chief Brandon Gillespie did not elaborate when asked after the meeting.
According to a city report, the other items now banned are:
▪ Laser pointers. The report says they can be used to distract officers or injure their eyes.
▪ Umbrellas. They can be used as weapons and shields, as well as to conceal illegal acts. However, umbrellas are allowed when it is raining, as long as they have a blunt end and don’t exceed 16 inches when fully collapsed, according to the urgency ordinance.
▪ Helmets. They can help someone hide his identity, be swung as a weapon and intimidate peaceful protesters, according to the report. Moffett said people who ride bicycles and motorcycles to protests should be able to lock their helmets with their bikes and motorcycles.
▪ Riot gear, protective equipment, flak jackets, stab- and bullet-resistant vests and load bearing and similar tactical vests. The report said this equipment is not consistent with peaceful assemblies and can “embolden those looking for (a) confrontation ... .”
The reports says metal containers can be used to strike others. And the report states there is no reason for people to have gas masks other than to thwart law enforcement’s use of “chemical agents to restore order and prevent ongoing violence.” The ban on gas masks does not prevent people from wearing face masks in the pandemic.
This story was originally published August 16, 2021 at 4:00 AM.
