The city of Modesto is moving ahead with plans to revise its public assembly ordinance, which bans masks and certain items at protests. This decision follows demands from the American Civil Liberties Union (ACLU) and the First Amendment Coalition (FAC) for changes or repeal of the law.
Confirmation of these plans came in an email sent Friday by the city’s outside counsel to both organizations. The email fulfills a requirement for a written update as outlined in a recent letter from the ACLU and FAC.
According to the message, the Modesto City Council will review proposed changes to the ordinance and seek input from both groups once a draft is ready for public comment. No timeline was provided for when revisions would be released, but according to the ACLU and FAC’s letter, there is a deadline of November 4 to add this issue to a council meeting agenda.
“Rest assured, the City is moving forward in a considered manner in reviewing all the comments received to date and will craft a revised ordinance that strikes the balance between the various issues at play here, including the right to peacefully protest and the safety concerns that have arisen with the violence that has accompanied some prior demonstrations in the City,” wrote Deborah J. Fox, chair of Meyers Nave’s statewide First Amendment and Trial & Litigation Practice Groups.
Fox’s email also noted that previous criminal actions and violent protests make it important for Modesto officials to consider all factors while ensuring people can protest without fear of violence.
In response, representatives from ACLU said they appreciated that Modesto reviewed their concerns and would consider issuing a more detailed reply. Both organizations raised issues about continued enforcement during recent protests.
At Saturday’s “No Kings” protest at Standiford Park, organized by community groups including Central Valley Black, Indigenous, People of Color Coalition, police enforced the ordinance differently than before. Officers explained rules by handing out cards describing what items were prohibited under city code—mainly targeting those carrying flagpoles or sticks attached to signs—and asked some protesters to leave if they violated these terms. Only a few demonstrators wore masks, and no arrests were reported.
However, ACLU senior staff attorney Chessie Thacher criticized ongoing enforcement efforts: “The Police Department’s messaging undermines the goodwill that your email had seemed intent on cultivating and also suggests that the need for judicial intervention might be ever more pressing.”
Thacher added: “Instead, as explained in our prior letters, any promise to apply Modesto’s overbroad and unduly vague ordinance will chill speech, invite arbitrary enforcement, and risk wasting City resources — an especially salient concern given that the District Attorney and the City Attorney each declined to pursue charges arising from alleged violations of Modesto’s mask ban during the June 2025 No Kings Protest.”
A statement issued by Central Valley Black, Indigenous, People of Color Coalition described renewed enforcement as “an act of damage control.” The group said it viewed current action as an attempt “to prove, retroactively, that their enforcement on June 14th ICE-Out protest was not selective or politically motivated.” During that June event five people were arrested on suspicion of wearing masks.
Although police maintained enforcement Saturday under current rules, their approach focused more on informing attendees rather than making arrests or removing large numbers of protesters from Standiford Park.
