The Community Police Review Board on Oct. 2025 heard repeated public praise for its recommendation to repeal a mask or face-covering restriction in Modesto’s public-assembly ordinance, and the board’s chair read an email from City Manager Joe Lopez saying the city will commission a professional community survey and consult First Amendment counsel before bringing options to the City Council.

Public commenters told the board the recommendation was well researched and urged the city to treat the board’s work seriously. “CPRB did the right thing,” said Harlan Diven, identifying himself as a local attorney and Modesto resident. “The lack of clarity and process here is very frustrating to the public.”

The board’s recommendation cited a proposed repeal of “subsection a13 of ordinance 4‑23‑02,” language the board’s ad hoc committee reviewed. Several speakers at the meeting argued that the mask restriction raises First Amendment concerns and that the board’s analysis was grounded in constitutional and penal-code research. “The report … included information on constitutional law, California penal code, similar ordinances,” said Nora, who identified herself as a Modesto resident, adding that she found the board’s work “well thought out, well researched, well analyzed.”

Why it matters: The board’s recommendation concerns limits on face coverings during public assemblies, an issue some residents say implicates free-speech protections. The city manager’s response signals the matter will move forward with further study rather than immediate repeal.

City Manager response and next steps

Chair Solorio read an email from City Manager Joe Lopez confirming receipt of the CPRB recommendations and describing the city’s next steps. Lopez wrote that the city values the board’s work and “is taking several additional steps to fully evaluate potential future changes to the ordinance before bringing final recommendations and options to the city council for consideration.”

Lopez said the city has received competing public sentiments and therefore is moving forward with the board’s second recommendation by conducting “a community wide survey related to the issue of the restriction of masks or face coverings during public assemblies” using “a professional polling firm to ensure it is done in the most reliable and statistically valid manner that reaches all segments of our community.” The email also said city staff will work with First Amendment counsel to review legal options and to “ensure we provide safe and legal environments for individuals to exercise their rights to peacefully protest.”

Public commenters asked for clarity about process and authority. Diven and other speakers urged clearer lines of responsibility between CPRB, the City Council and the city manager’s office, and called for the board’s recommendations to carry enforceable weight rather than be treated only as suggestions. Several speakers said the board should be given investigative resources and a budget to carry out oversight work.

Independent Police Auditor and external coverage

Commenters said the board’s recommendation had already drawn attention beyond local meetings; one speaker noted the matter had been covered by regional outlets. The board’s independent police auditor, Steven, later told the board his office would be willing to present on its role and how it complements the CPRB, and that published materials describing the auditor’s scope are publicly available.

What was not decided

No ordinance change or Council vote took place at the meeting. The city manager’s email indicates staff will study options and the results of the planned community survey before any measure is brought to the City Council. The timeline for survey completion was described in the email as “in the coming months.”

Ending

Board members and public speakers reiterated that they want clearer process and stronger cooperation between the board, the police department and the city manager’s office as the city proceeds with the survey and legal review. Chair Solorio closed the portion of the meeting after public comment and moved on to consent items.