Pacific Media Workers Guild, et al. v. City of Modesto, et. al

The ACLU Foundation of Northern California sued the city of Modesto over its unconstitutional ordinance banning face coverings and safety gear at protests.

The measure is too broad, too vague, and infringes on the free speech rights of the public and the press. It makes it a misdemeanor punishable by up to six months in jail to “utilize, carry, or possess” 19 categories of items at a public demonstration including bike helmets, bandanas, gas masks, scarves, goggles, and padded vests. There are exemptions for religious beliefs, medical necessity, and costumes with “an expressive message.”

The lawsuit seeks to block enforcement of certain provisions in the ordinance which violate the First and Fourteenth Amendments, and the freedom of speech, assembly, and press provisions of the California Constitution. The ordinance also undermines statutory protections for journalists who have a right to remain at a protest and continue reporting after police issue an order to disperse.

The ACLU Foundation of Northern California filed the lawsuit in Stanislaus County Superior Court on behalf of three individual plaintiffs and the Pacific Media Workers Guild, the union representing local journalists.