Update: Modesto drops mask charges. Protesters respond
AI-generated summary reviewed by our newsroom.
- Modesto dropped charges against five protesters arrested for wearing face masks.
- City cited community education and police accountability as reasons for reversal.
- ACLU and public pressure influenced the review of Modesto's protest ordinance.
The Modesto City Attorney’s Office has dropped criminal charges against the five people arrested for wearing face coverings during the June 14 protests, saying it wants to give the Community Police Review Board an opportunity to review the ordinance.
“Although [the Modesto Police Department] acted lawfully and appropriately, the City Attorney’s Office has decided not to file criminal charges in connection with the June 14 face-covering violations,” reads a press release from the city. “This decision reflects the city’s desire to use this moment as an opportunity for education and to encourage greater community cooperation with local ordinances moving forward.”
The city maintained that police took a proactive approach to ensure public safety during the Ice Out Mass Mobilization Protest at Tenth Street Plaza and the No Kings – National Day of Defiance at Graceada Park, and stated it has clear legal authority to enact and enforce local ordinances that prioritize safety.
“In the future, we encourage all protest organizers and community members to familiarize themselves with applicable laws and work collaboratively with the city to ensure safe, lawful, and productive public demonstrations,” the press release states.
Eli Coleman, one of the protesters arrested for wearing a mask, said the information was news to him, as he hadn’t been contacted by any officials yet. “I am very glad to hear that the city has decided to do the right thing and not move forward enforcing laws that are unconstitutional and go against the very freedoms this country was founded upon,” Coleman said.
Bianca Lopez, a lead organizer of the Ice Out protest and founder of the Valley Improvement Project, called the city’s statement “pure damage control,” saying that isn’t about public safety, but about “rewriting the narrative to excuse discriminatory enforcement.”
“They know they had no case because they violated our rights, arresting people without even asking about the religious or medical exemptions in their own ordinance. And why even mention ‘violence’ when we were at a peaceful protest? That’s not public safety that’s fear mongering,” Lopez said in a statement. “Claiming that proactive enforcement of reasonable, constitutional laws’ is essential while enforcing an unconstitutional ordinance and ignoring its own protections is the height of hypocrisy. “
Since the arrests, Modesto has received pressure from community members and civil rights advocacy groups about the ordinance and the way it was enforced, calling on the City Council to repeal or amend it. It has been a large topic of discussion during public comment at recent City Council and CPRB meetings.
A letter from the American Civil Liberties Union of Northern California demanded that the charges be dropped against those arrested and threatened litigation otherwise.
Modesto Municipal Code lists 19 items that “no person shall utilize, carry, or possess” while attending or participating in any “demonstration, rally, protest, counter-protest, picket line, march, or public assembly.” Among those are glass bottles, tactical vests, baseball bats and masks — “except for coverings worn due to religious beliefs, practices or observances or due to medical necessity.”
The ordinance was first passed in 2019 after the Police Department asked for it ahead of a proposed straight-pride rally that year. Two years later, the City Council added to the list of items banned at protests, demonstrations and other public assemblies. That update included metal containers, gas masks and riot gear.
Police Chief Brandon Gillespie had presented his department’s enforcement strategy at the last CPRB meeting, defending it. At that meeting, CPRB member Wendy Byrd had expressed support for dropping the charges against all those arrested.
“I commend the city attorney’s decision. It aligns with the best interest of the community, considering the risks versus the benefits involved,” said Byrd in a statement to The Bee.
The CPRB provides recommendations and advisory oversight to the MPD and the City Council through the city manager, who then determines whether to move forward with recommendations. An ad-hoc committee was formed by the CPRB to scrutinize the ordinance. Committee chairperson Byrd had told The Bee that it will report its findings to the CPRB on Aug. 20.
This story was originally published August 11, 2025 at 3:34 PM.
