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

The ACLU Foundation of Northern California sued the city of Modesto over an ordinance that unlawfully bans anonymity and safety gear at protests.

Under the ordinance, carrying a bike helmet, wearing a bandana, or bringing a padded vest or gas mask to a protest is a misdemeanor punishable by up to six months in jail. The ordinance also prohibits face coverings, but allows vague exemptions for religious beliefs, medical necessity, and costumes with “an expressive message.”

The ACLU filed the complaint in March 2026 on behalf of three individual plaintiffs and the Pacific Media Workers Guild, the union representing local journalists.

The lawsuit argues that the ordinance stifles the public’s rights to free speech and free assembly under both state and federal law and infringes journalists’ rights to report on public demonstrations. The plaintiffs also argue that the ordinance violates federal and state due process protections because it is unworkably vague and overbroad, resulting in absurd contradictions. For example, someone could wear an inflatable frog suit that completely covers their head without incident, but a bandana worn across half their face would be a crime.

In June 2026, the U.S. District Court for the Eastern District of California issued a preliminary injunction blocking enforcement of the ordinance while the lawsuit proceeds. The court, in acknowledging the inherent personal and professional risks of expressing views the government finds objectionable, embraced the long-held principles that anonymity can be essential to free expression and that speech cannot be punished just because some deem it offensive.