Modesto's City Council voted unanimously Dec. 2 to adopt an urgency ordinance amending Municipal Code Title 4, Chapter 23 to clarify restrictions on face coverings, tactical gear and other items at public assemblies and to introduce a companion ordinance for first reading.

City Attorney Jose Sanchez and special counsel Deborah Fox framed the changes as narrow legal refinements following the ordinance's original 2019 adoption and subsequent 2021 amendments. Fox, who advised the city on First Amendment analysis, said the revisions define "religious" and "medical" exemptions, explicitly exclude costume use such as Halloween or Mardi Gras, and distinguish hard-shell helmets and tactical vests from soft protective gear.

"These provisions are critically important," Fox said during her presentation, adding the amendments are designed to make street demonstrations "safe and available to all." She recommended adoption of the urgency ordinance so the clarified rules take effect immediately.

Police Chief Brandon Gillespie told council members the changes reflect Modesto's experience at several demonstrations since 2019, including clashes at Black Lives Matter events, Straight Pride rallies and a June "ice out" protest. He showed images and videos of masked participants, tactical vests and objects used as weapons and said the city has worked to educate before enforcing the rule.

"We have consistently enforced our municipal code responsibly and consistently," Gillespie said. He argued that, since 2022, violations and violent incidents at protests have declined because participants know Modesto will enforce the ordinance.

The presentation prompted vigorous public comment. Supporters such as Teresa Gamboa, who said she witnessed water bottles and umbrellas used to obstruct officers, urged the council to "keep the mask mandate in place" to deter violent behavior. "I support the ordinance," she said.

Opponents included several local organizers, civil liberties advocates and the ACLU. Angelica Salceda of the ACLU of Northern California told the council the latest revisions "make the ordinance more unconstitutional, not less" and warned the language remains vague and could chill protected speech. Multiple speakers urged the council to fund and defer to the Community Police Review Board and to provide clearer, community-driven analysis before expanding enforcement powers.

Deborah Fox and city staff clarified the costume and medical exemptions during the meeting, saying a clear medical mask or a facial covering used as expressive costume would remain permitted, while full ski masks and balaclavas were explicitly excluded from the exemption.

Council members voted 7-0 to waive reading and adopt the urgency ordinance and then unanimously moved to introduce and waive first reading of the non-urgency ordinance. The urgency measure takes effect immediately; the introduced ordinance will follow the city's regular ordinance process.

The council did not adopt further procedural changes requested by some public commenters, including additional CPRB authority or immediate repeal of the mask provisions. Legal challenges were foreshadowed by members of the public and the ACLU during comment.

The council provided no specific effective-date amendments beyond the urgency adoption; the accompanying regular ordinance was introduced for first reading.

The council's action means the city now has clarified guidance on face coverings and tactical items at demonstrations while the regular ordinance moves forward through the city's reading process.