ACLU sues Modesto and its police chief over controversial mask ban at protests
The American Civil Liberties Union Foundation of Northern California filed a lawsuit Wednesday against Modesto and Police Chief Brandon Gillespie over the city’s “unconstitutional ordinance” that bans masks and personal safety gear at protests.
The complaint was filed in Stanislaus County Superior Court on behalf of the Pacific Media Workers Guild and three individual plaintiffs, one of whom was arrested for wearing a mask at the ICE Out rally on June 14, 2025.
The Pacific Media Workers Guild represents more than 1,000 newspaper, language and communications workers across Northern California, the Central Valley and Hawaii, including reporters at The Modesto Bee.
The lawsuit seeks to restrict enforcement of certain provisions in the ordinance, which it alleges violate the First and 14th Amendments, as well as the freedom of speech, assembly and press provisions of the California Constitution. The ordinance also hinders statutory protections for journalists covering protests, the complaint alleges.
The lawsuit argues that Modesto already possesses sufficient legal tools under state law, such as statutes addressing property destruction and concealing identity while committing a crime, to render the ordinance unnecessary.
“Modesto’s ordinance forces people to choose between exercising their fundamental First Amendment rights and their personal safety,” said Chessie Thacher, senior staff attorney at the ACLU of Northern California, in a press release. “Nearly fifty years ago, a California court ruled that a similar law was unconstitutional. We shouldn’t have to fight about this now when our free speech is more critical than ever. The ordinance would be ridiculous if the personal risk and criminal consequences weren’t so serious.”
The Bee sought comment from city leaders Wednesday afternoon. “We have just become aware of the lawsuit and given this is a litigation matter we have no comment at this time,” city spokesperson Sonya Severo replied.
Modesto’s ordinance prohibits numerous items at public assemblies, including glass bottles, helmets, baseball bats and masks — except for coverings worn due to religious beliefs or for medical necessity.
The city adopted the ordinance in 2019 at the request of the Police Department ahead of a planned straight-pride rally. In 2021, the City Council expanded the list to include metal containers, gas masks and riot gear.
Under the ordinance, bringing items such as a bike helmet, wearing a bandana or carrying protective gear like a padded vest or gas mask to a protest can be classified as a misdemeanor, punishable by up to six months in jail. Public outcry began after the No Kings and ICE Out protests last June, when five masked demonstrators were arrested — the first time the ordinance had been enforced.
Although the charges later were dropped, community members continued to press the City Council city to repeal the ban, citing the right to protest anonymously and raising concerns about mass surveillance, doxxing and retaliation. The ACLU and First Amendment Coalition also sent multiple letters to the city, warning of potential legal action if the ordinance was not amended or repealed.
The City Council did amend the ordinance, in a unanimous vote in December, with some slight revisions. These updates clarified the exceptions to the face-covering ban, which include costumes with “an expressive message,” specified which types of helmets are barred and outlined when umbrellas are allowed at demonstrations.
The ACLU stated that the amendments made the ordinance worse. “It makes no sense that someone could wear an inflatable frog suit that completely covers their head to a protest without incident, but a bandana worn across half their face would be a crime,” said Shaila Nathu, senior staff attorney at the ACLU of Northern California. “It’s also inconceivable that someone could dress up as Darth Vader, while reporters can’t even carry basic safety gear.”
The ordinance’s ambiguity also has been criticized for lending itself to selective enforcement, which the ACLU states “often lands heaviest on communities of color and groups expressing a disfavored viewpoint.” Most of the enforcement June 14 was directed toward those at the ICE Out rally rather than the No Kings protest.
The complaint also alleges that the ordinance leaves journalists vulnerable to physical harm by preventing them from wearing standard safety equipment.
“Many journalists, myself included, have been hit by crowd-control weapons or affected by tear gas while covering protests,” said Annie Sciacca, president of the Pacific Media Workers Guild. “For the Guild’s members, gas masks, helmets, and goggles constitute basic safety gear necessary to safely document protests in our communities. State law allows journalists to stay at a protest after an unlawful assembly is declared, but by stripping journalists of necessary safety gear, the ordinance puts us in harm’s way.”
The complaint’s filing comes three days before another No Kings protest is scheduled to happen in Modesto.
Julissa Ramirez, co-founder of the Central Valley Black, Indigenous and People of Color Coalition and a plaintiff, usually wears a keffiyeh at protests in Modesto to show support for Palestine and to protect her identity. Far-right agitators had posted her photo online when she was in college.
She plans to attend the No Kings event Saturday but worries that her headcovering makes her a target.
“I’ve seen how police and federal agents assaulted and surveiled peaceful protesters in Los Angeles and Minneapolis,” Ramirez said in a statement. “I know I can’t guarantee my safety, but wearing a mask reduces the likelihood that I’ll be harassed or injured. By banning face coverings and protective gear, Modesto is putting people at risk.”
This story was originally published March 25, 2026 at 3:20 PM.
