ACLU Sues Modesto Over Unconstitutional Mask Ban

MODESTO— As Central Valley residents prepare to join millions of people at No Kings protests across the country this weekend, the ACLU Foundation of Northern California today sued Modesto over its unconstitutional ordinance banning masks and personal safety gear at public demonstrations.

Since its adoption in 2019, Modesto has amended the ordinance twice. Incredibly, both revisions made it worse. The measure remains too broad and too vague. It stifles free speech and free expression and infringes on journalists’ constitutionally protected right to report on protests.

“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. “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 ACLU filed the complaint 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 face covering at a June 2025 ICE Out rally. 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 reporting on the front lines of 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. There are exemptions for religious beliefs, medical necessity, and costumes with “an expressive message.”

The measure is a hodgepodge of absurd contradictions — medical masks are allowed, while neck gaiters are banned. Costumes that obscure the entire face are permitted. But wearing a keffiyeh around the face to express support for Palestine could land someone in jail. Sunglasses might be acceptable, but clear goggles are probably forbidden. It all depends on how a police officer views the accessory. Such inconsistencies are needlessly confusing. The ordinance’s ambiguity lends itself to selective enforcement which often lands heaviest on communities of color and groups expressing a disfavored viewpoint

“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.”

Modesto’s ordinance also prevents journalists from wearing standard safety equipment, leaving them vulnerable to physical harm.

“Many journalists, myself included, have been hit by crowd-control weapons or affected by tear gas while covering protests. For the Guild’s members, gas masks, helmets, and goggles constitute basic safety gear necessary to safely document protests in our communities,” said Annie Sciacca, president of the Pacific Media Workers Guild. “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.”

In December, the Modesto City Council rejected the Community Police Review Board’s recommendation that it repeal the ordinance. By keeping it on the books, the council disregarded the right to protest anonymously, ignored the media’s safety concerns, and rebuffed residents’ fears about invasive government surveillance, doxxing, and retaliation.

After far-right agitators posted her photo online when she was in college, plaintiff Julissa Ramirez usually wears a keffiyeh at protests in Modesto to show support for Palestine and protect her identity. Although she worries her keffiyeh might make her a target, she plans to attend the No Kings event in the city on Saturday.

“I’ve seen how police and federal agents assaulted and surveilled peaceful protesters in Los Angeles and Minneapolis,” said Ramirez, co-founder of the Central Valley Black, Indigenous, and People of Color Coalition. “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.”

Under California law, it’s already illegal to hide your identity while committing a crime. Modesto does not need this vague, overbroad, and discriminatory ordinance.

Read the complaint.