Agenda packet, first session — Modesto City Council, December 2, 2025 (part 3 of 3)

Materials shall be at the CONTRACTOR’s landed cost less any earned discounts, plus a mark-up of 20%, plus sales tax. When called for by the CITY, the CONTRACTOR shall furnish a copy of the manufacturer’s invoice in order to verify the proper price charged to the CITY.

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1 SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT to the AGREEMENT (“SECOND
AMENDMENT”), made and entered into in the City of Modesto, County of Stanislaus, State of California, this _____ day of ____________, 2024, by and between the CITY OF MODESTO, a municipal corporation of the State of California ("CITY") and BRIGHTVIEW GOLF MAINTENANCE, INC., Calabasas, CA, in partnership with KEMPERSPORTS MANAGEMENT, Modesto, CA, hereinafter collectively referred to as "CONTRACTOR".

This SECOND AMENDMENT to AGREEMENT is made with reference to the following recitals:

A. On December 8, 2020, by Resolution No. 2020-537, CITY and CONTRACTOR entered into an Agreement (“AGREEMENT”) for the furnishing of Golf Course Management services for Creekside Golf Course and Dryden Golf Course, and Golf Course Maintenance services for all city owned golf courses.

B. On October 9, 2023, by Resolution No. 2023-486, a First Amendment to AGREEMENT was entered into by CITY and CONTRACTOR to extend the AGREEMENT for an additional two-year period (January 1, 2024 to December 31, 2025) and to amend the provisions of the AGREEMENT to increase compensation paid for the scope of services identified in the AGREEMENT.

C. CITY AND CONTRACTOR desire to amend the provisions of the AGREEMENT to increase the compensation paid for the Scope of Services identified in the AGREEMENT.

D. All other provisions of the AGREEMENT shall remain in effect.

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2 NOW, THEREFORE, the parties hereto mutually agree to the following:

1. Section 1, subparagraph (d) shall be amended to read as follows:
“d. CONTRACTOR shall furnish said services at the contracted rates as specified and attached hereto as Exhibit “E” and made a part hereof, in an amount not to exceed $3,132,397 annually.”

2. Exhibit “E” to the AGREEMENT is hereby amended and replaced in its entirety with Appendix “A” to this SECOND AMENDMENT.

3. Except as modified and amended by this SECOND AMENDMENT to AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and effect.

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3 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Second Amendment to Agreement by its City Manager and attestation by its City Clerk under the authority of Resolution No. __________, adopted by the City Council of the City of Modesto on the _____ day of ___________, 2024, and BRIGHTVIEW GOLF MAINTENANCE, INC., Calabasas, CA, in partnership with KEMPERSPORTS MANAGEMENT, Modesto, CA, has caused this Second Amendment to Agreement to be duly executed.
(SIGNATURES ON NEXT PAGE)
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
SCOTTY DOUGLASS, Acting City Manager
ATTEST:
(Seal)
BY: ____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

BY: ____________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
Federal ID # ___________
DocuSign Envelope ID: B14A40EF-2223-4709-A9B3-53B86CA18DB0 BrightView Golf Maintenance Inc.

Joseph P. Lopez

XXXXXXXXXXXXXXXXXXXXXXXXXXXX
Terrance D. McGuire
952999239
Vice President
6/26/2024
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4 APPENDIX A

PRICING SCHEDULE

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct in the reasonable discretion of the City. ** Management and Maintenance for all (3) Golf Courses unless otherwise specified Annual Expenditures
Landscape Maintenance $1,338,964/Yr
Operation Management (Dryden & Creekside) $1,414,737/Yr Water Utility $176,315/Yr
Marketing Budget $18,000/Yr
Vandalism/Arbor Care/Capital Improvements $118,631/Yr
Irrigation Repairs $28,000/Yr
Field Maintenance (MUNI) $33,500/Yr
Green Waste and Litter Removal (MUNI) $4,250/Yr
Grand Total $3,132,397/Yr
Labor Rate for Additional Services (Prevailing Wage) $25.00/Hourly Rate Any additional work outside of the scope of service specified in the proposal shall be billed at the hourly rate. The CONTRACTOR shall submit a quotation to the City Representative for review and approval.

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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.

Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO

2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.

HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 2, 2025
Date: November 26, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
Jose M. Sanchez, City Attorney
SUBJECT: Urgency Ordinance and Non-Urgency Ordinance Amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on Use of Specified Items During Public Assembly,” Providing Various Revisions to The Time, Place And Manner Regulations as to Public Assemblies
CONTACT: Brandon Gillespie, Chief of Police, 209-572-9500, [email protected]; Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:

Consider approving an Urgency Ordinance and Non-Urgency Ordinance Amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on use of Specified Items During Public Assembly,” providing various revisions to the time, place and manner regulations as to public assemblies. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This item supports the City Council’s 2025-2026 Strategic Goal A: to improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.

BACKGROUND:

The City of Modesto (“City” or “Modesto”) has successfully facilitated spirited public demonstrations and events with conflicting viewpoints. Because of these past public demonstrations, coupled with anticipated forthcoming events and future goals, the City should now further refine its regulations while taking proactive measures to ensure the safe exercise of constitutionally protected rights in the community, continue without threats to protestors, businesses, property owners, and observers of public assembly events. Recent incidents of violence at various public assemblies across the state and nation have been worsened by participants using tactical gear, hardshell helmets and/or face coverings to intimidate and/or to engage in criminal activity free from accountability and/or bringing items to protests that can easily be weaponized.
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City Council, December 2, 2025
Urgency Ordinance and Non-Urgency Ordinance Amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on Use of Specified Items During Public Assembly,” Providing Various Revisions to The Time, Place And Manner Regulations as to Public Assemblies

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The City has also had first-hand experience in connection with the Straight Pride annual event, as well as other protest events in the recent years, demonstrating the need for certain provisions in order to safeguard the public health and safety of all participants and observers alike. The divisive nature of public protests has increased in recent months as has the frequency of public protests including such events as the No Kings protest and the ICE Out events, to name a few. The City cannot adopt a “wait-and–see” approach but must adequately protect the safety of the community, business owners, protestors, observers, and our public safety officers.

The City understands that various items such as glass water bottles, metal water bottles, and umbrellas have been used, and are easily converted to, weapons for use during public demonstrations. The City also understands that the use of tactical gear at public assemblies has a high potential to be used for intimidation and/or to increase the likelihood of violent confrontation. The City’s findings support the restrictions on these items as well as the further clarifications that are part of the refinements and revisions to Modesto Municipal Code, Title 4, Chapter 23 (“Chapter 23”).

Since the summer of 2025, the City also has been carefully analyzing the legal and practical issues related to the mask/face covering restrictions in Chapter 23. This includes its review and consideration of letters received from the ACLU, the First Amendment Coalition and various other comment letters, as well as the input from participants during the City Council meetings.

In addition, the City sought, reviewed and considered input from the Community Police Review Board (“CPRB”) and moved forward with CPRB’s recommendation to conduct a communitywide survey related to the restriction of masks or face coverings during public assemblies, except if needed for medical or religious purposes. The City hired Problosky Research, a professional polling firm, to conduct a survey to understand residents’ views on this provision in order to make sure that the Council was receiving the views of the entirety of the community and that voices of community members who may not have been able, or willing, to express their views publicly were considered.

The City engaged Deborah Fox of Meyers Nave as Special Counsel and after careful consideration of the legal and practical issues at play, the City desires to maintain the limitations on masks or face coverings during public assemblies but with further refinement and revisions.

These attached Municipal Code amendments provide clear, objectively defined exceptions to the face covering limitation while also offering sound bases for this regulation based on the City’s experience and understanding of the broader issues at play in support of these various time, place and manner provisions. As well, clarification as to the scope of the face mask exemptions for medical and religious reasons are needed as questions have recently arisen from several organizations as to the breadth of the noted exceptions. These revisions serve to outline the need for the face covering provision while also more specifically defining the face covering exceptions which will provide both protestors and law enforcement with clarity on the exemptions to guide their actions.

The City is mindful of the fact that the face covering provision is needed because various individuals wish to conceal their identity during public demonstrations so that they can be free from accountability for their criminal actions. There is an increased risk that masked individuals will utilize their anonymity to commit acts of violence or vandalism without concern of #10..
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City Council, December 2, 2025
Urgency Ordinance and Non-Urgency Ordinance Amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on Use of Specified Items During Public Assembly,” Providing Various Revisions to The Time, Place And Manner Regulations as to Public Assemblies

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identification and apprehension, disrupting the ability of others to safely assemble and demonstrate peacefully. The City also recognizes that we currently live in a time where public streets and various public places are subject to being recorded and that individuals in this technologically driven day and age do not have any expectation of privacy when they attend a public assembly or public protest especially one occurring on a public street or in a public park.

The changes in the attached Urgency Ordinance and non-urgency Ordinance are reasonable and narrowly defined with no bias towards any one group or individual. They provide law enforcement with tools for clear enforcement and provide clear standards for the public who wish to attend public protests and understand the scope of the limitations on tactical gear and hardshell helmets, and the no face covering provision which has specifically defined exemptions for medical and religious face coverings and does not apply to costumes.

DISCUSSION:

Modesto Municipal Code, Title 4, Chapter 23, “restrictions on use of Specified Items During Public Assembly,” addresses violence, property damage and arson that have endangered peaceful demonstrations in cities such as Los Angeles, Oakland, Berkeley, Portland and Chicago where violent altercations between demonstrators and counter-demonstrators, as well as between demonstrators and law enforcement personnel have resulted in property damage, personal injuries and even death.

Glass water bottles, metal water bottles, and umbrellas have been used as weapons to hit, threaten or injure other persons. Individuals have used tactical gear such as vests to hide blocks of wood and other dangerous items that can be thrown or used in violence against protestors and bystanders, along with attacks on police officers. Vandals have used hammers, clubs, spray paint and other pressurized paint sprayers to vandalize local businesses, stores, parks, bus shelters and public property. Individuals wielding metal or other impact resistant shields and tactical gear have confronted or provoked police officers, thereby endangering both officers and nearby peaceful demonstrators.

Modesto has a significant governmental interest in preventing such use of glass water bottles, metal water bottles, umbrellas, hardshell helmets, and the like along with precluding tactical gear, including gas masks, gear that further heightens individuals feeling that they can operate free of any accountability as to violent acts. The City also has a significant governmental interest in ensuring that individuals do not disrupt peaceful demonstrations by attacking police, breaking windows, starting fires and vandalizing buildings and parks.

Persons carrying or in the possession of impact-resistant shields, tactical gear, including gas masks, and/or objects that can be weaponized, including hardshell helmets, endanger the safety of peaceful demonstrators.

The rationale for the attached Urgency Ordinance and non-urgency Ordinance and Title 4, Chapter 23 of the Municipal Code is to make illegal those tools that individuals have been using to further violence and intimidation during demonstrations and to prohibit those tools at demonstrations. This attached amendments and existing regulations will make demonstrations in Modesto safer for those citizens who protest and police officers who monitor the protests. The Chief of Police supports this Ordinance.
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City Council, December 2, 2025
Urgency Ordinance and Non-Urgency Ordinance Amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on Use of Specified Items During Public Assembly,” Providing Various Revisions to The Time, Place And Manner Regulations as to Public Assemblies

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The Modesto Police Department will enforce the Ordinance. The Chief of Police has offered a number of images from Modesto protests which are attached as Exhibits 1-22 that vividly illustrate the inherent problems with items that can be weaponized including hardshell helmets, face coverings, and/or tactical gear when they are used at public demonstrations.

LEGAL ANALYSIS
This attached Urgency Ordinance, non-urgency Ordinance and Modesto Municipal Code Title 4, Chapter 23 are constitutional. The Ordinance is specific, and the tools described by this Ordinance have little or no use in the expression of speech. Even if any item did, the City has authority under the United States Constitution to adopt reasonable time, place, and manner regulations to protect the safety interests of the Modesto community, law enforcement and visitors. The regulations proposed by the attached Urgency Ordinance and non-urgency Ordinance and Municipal Code are manner restrictions.

The United States Court of Appeals for the Ninth Circuit has upheld the constitutionality of a similar Los Angeles ordinance prohibiting possession during demonstrations of items such as large sticks and poles that can be used as weapons. (See Vlasak v. Superior Court of California, 329 F.3d 683 (9th Cir. 2003).) The ability to use glass bottles, metal water bottles and umbrellas in this same fashion is self-evident. As well, the City of Salt Lake City enacted and implemented, without legal challenge, regulations that prohibited citizens from carrying specific items while participating in demonstrations at the 2002 Winter Olympics.

The constitutionality of the attached Ordinances and Municipal Code Title 4, Chapter 23 is supported by the City's substantial interest in safeguarding its citizens against violence and in protecting its police force from the type of violence that has occurred at demonstrations in Los Angeles, Oakland, Berkeley, Chicago and Portland. The City also has a substantial interest in safeguarding the property of citizens against damage and destruction and in protecting its own property from damage and destruction during demonstrations.

The constitutionality of the attached Ordinances and Municipal Code Title 4, Chapter 23 is also supported by the great availability of alternative means of speech that do not depend on the use of any of the specific items identified therein. The attached Ordinances and Municipal Code make marches and large public gatherings safer by banning materials that are most likely to become dangerous weapons without depriving citizens of the opportunity to parade, protest or gather with traditional picket signs and other means of communication. The Ordinances and Municipal Code Title 4, Chapter 23 do not prohibit leaflets, photographs, megaphones, or the panoply of other devices used for First Amendment expression during demonstrations or assemblies. The regulations are narrowly tailored to address the foregoing governmental interests because they are not broader than necessary and promote substantial government interests that would be achieved less effectively absent the regulations.

As has been seen in demonstrations around the nation, these events are becoming violent more frequently. At these events devices such as poles, sticks, signs, as well as certain types of containers including glass bottles and many other items are being used as improvised weapons thus resulting in injuries and property damage.
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City Council, December 2, 2025
Urgency Ordinance and Non-Urgency Ordinance Amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on Use of Specified Items During Public Assembly,” Providing Various Revisions to The Time, Place And Manner Regulations as to Public Assemblies

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The City’s Chief of Police also attributes the decline in incidents of violence at public assemblies in the City to the mask covering prohibition, the prohibition on tactical gear such as gas masks, impact resistant helmets or other hardshell helmets, bullet-resistant vests, flak jackets, or stab resistant vests, and/or load bearing vests set forth in subsections (a)(14)-(19) of Section 4-

23.02, along with the prohibition of bringing various items to public protests that can be converted into weapons such as flagpoles, large sticks, umbrellas, glass and metal water bottles and the like. Such tactical gear is associated with the potential for violent clashes and the presence of such gear can intimidate other members of the public from attending protests, escalate tensions and/or become a trigger for confrontation between protestors and counterprotestors or between protestors/counter-protestors and police. Past events in Modesto demonstrate that when members of the public wear tactical gear to protests/counter-protests, it is used as an intimidation tactic, to cause an aggressive atmosphere, cause confusion, and/or create a “battlefield” mentality, all of which increases the likelihood of violence (see e.g. Exhibits 1-4, 14-17). Additionally, certain gear, such as hardshell helmets can be easily removed and weaponized, increasing the risk of bodily harm if confrontations arise (see e.g. Exhibits 16-18).

It is imperative that individuals engaging in peaceful expressive public activity do so without fear of violence and that law enforcement personnel dedicated to protecting such activity be allowed to do so without suffering injury. This Urgency Ordinance, non-urgency Ordinance and Municipal Code Title 4, Chapter 23 provide a narrowly tailored content-neutral mechanism to reduce the risk of violence at public assemblies/public protests in Modesto. The restrictions limit the use of facial coverings that obscure one's identity at these specific public events (with exceptions for religious and medical reasons) without banning costumes or other expressive clothing. Revisions have been added to Section 4-23.02 to provide clarity regarding the exceptions and affirmatively provide that costumes are not included in the ban. Modesto’s restriction precluding face coverings subject to religious and medical exemptions means that individuals attending public protests on public streets and in public spaces cannot generally speaking hide their identity. While some concerns have been raised for the need to have public protestors remain anonymous, in our current digital age individuals understand that cameras are recording us constantly out in public spaces such as at City Hall, at the 10th Street Plaza or on major public rights-of ways. This fact when added with the extensive technology at play that is recording our daily activities in public spaces via the prevalence of iPhone cameras, Ring cameras and the like establishes that virtually all of our movements within the public rights-ofways are subject to video recordation. And, in fact, several of the individuals who expressed the concern for their anonymity during protests have appeared unmasked at the regularly televised Modesto City Council meetings when knowing that these meetings are regularly broadcast to a large audience.

These revisions to Title 4, Chapter 23 will add urgently needed revisions and clarifications as to various time place and manner provisions that are at play for public protests and public assemblies. These revisions are necessary to clarify the various exceptions for the City’s provision limiting face coverings while also providing additional clarity as to the factual support for the need for this face covering provision; further define the face covering exceptions; clarify the various regulations as to objects that can be converted into weapons; and elaborate on the need for the regulations for tactical gear and related clothing. These revisions/clarifications are needed to prevent violence, promote peaceful assembly and protect Modesto citizens, business owners, police and visitors, alike.
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City Council, December 2, 2025
Urgency Ordinance and Non-Urgency Ordinance Amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on Use of Specified Items During Public Assembly,” Providing Various Revisions to The Time, Place And Manner Regulations as to Public Assemblies

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Adoption of the attached Urgency Ordinance requires five affirmative votes of the City Council.

The attached non-urgency Ordinance requires a majority affirmative vote of the City Council.

FISCAL IMPACT:

There is no fiscal impact associated with approving this item.

COMMITTEE RECOMMENDATION:

This item was not presented to a committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion waiving the reading and adopting an Urgency Ordinance Amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on Use of Specified Items During Public Assembly,” Providing Various Revisions to the Time, Place And Manner Regulations As To Public Assemblies.

Motion introducing and waiving the first reading of an Ordinance Amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on Use of Specified Items During Public Assembly,” Providing Various Revisions to the Time, Place And Manner Regulations as to Public Assemblies.

Approved by:

Brandon Gillespie, Chief of Police
______________________________________
Jose M. Sanchez, City Attorney
Joseph P. Lopez, City Manager
Attachments:

1. Urgency Ordinance

2. Non-Urgency Ordinance

3. Index of Exhibits

4. Exhibits
6316932
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1 ORDINANCE NO. ________- C.S.

AN URGENCY ORDINANCE AMENDING THE CITY OF
MODESTO MUNICIPAL CODE TITLE 4, CHAPTER 23,
“RESTRICTIONS ON USE OF SPECIFIED ITEMS DURING
PUBLIC ASSEMBLY,” PROVIDING VARIOUS REVISIONS

TO THE TIME, PLACE AND MANNER REGULATIONS AS

TO PUBLIC ASSEMBLIES
SECTION 1. FINDINGS
A. The City Council of the City of Modesto hereby finds as follows: revisions to the City’s Municipal Code implemented by this Urgency Ordinance are immediately necessary as an emergency measure in order to preserve the public health, safety, and welfare. Specifically, the revisions and amendments to Municipal Code Title 4, Chapter 23 included in this Urgency Ordinance are essential and immediately necessary to improve the City’s regulation of public assemblies and thereby ensure the immediate preservation of the public peace, health, safety, and general welfare in the City of Modesto.

B. The City Council desires to amend Title 4 entitled “Public Welfare, Safety and Health” of its Municipal Code by revising certain sections of Chapter 23, entitled “Restrictions on Use of Specified Items During Public Assembly” to provide refinement to the critically important rules regulating the use of face coverings subject to certain exceptions; regulating using umbrellas as potential weapons; and restrictions on the use of tactical clothing and hardshell helmets during demonstrations, rallies, protests, counter-protests, picket lines, marches, or assemblies on public property so as to safeguard against violence and promote peaceful assembly for Modesto citizens, Modesto businesses and property owners, along with protection of the police and visitors alike.

These regulations serve to deter violence, property damage and any bodily harm to individuals that wish to engage in peaceful protests and demonstrations.

C. In developing this Ordinance, the City Council is mindful of the legal principles relating to regulation of activity in public forums such as sidewalks, streets, and public parks. The City Council does not intend to unconstitutionally suppress or infringe expressive activities protected by the First Amendment of the United States Constitution or the Liberty of Speech Clause of the California Constitution, but instead is enacting reasonable content-neutral time, place and manner regulations that address the need to prevent violent, dangerous and hazardous situations from arising and to promote the safety of both the public, Modesto residents, Modesto business owners along with the police.

D. The revisions to the City’s Municipal Code implemented by this Urgency Ordinance are immediately necessary as an emergency measure in order to respond to recent developments regarding various public protests/assemblies that are occurring in the City, and which raise serious safety concerns regarding protecting citizens, businesses, property, and police alike from any violent disputes, and in order to reduce the threat of serious bodily injury or property damage for all future public protests/assemblies in Modesto. Specifically, the amendments to the City’s Municipal Code Title 4, Chapter 23 that are included in this Urgency Ordinance are essential #10..
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2 and immediately necessary to ensure the orderly implementation of restrictions on specified items used at public assemblies and masks concealing identity, to reduce the likelihood of violence and property damage and to ensure the safety of the general public, event attendees, counter-protestors and the police, and thereby ensure the immediate preservation of the public peace, heath, safety and general welfare in the City of Modesto.

E. The City supports peaceful protests, demonstrations, and events. Unfortunately, some individuals have used protests and other public assembly events as “cover” to commit acts of violence, arson, and vandalism. This is especially true for those individuals who wear face coverings in hopes of remaining anonymous and in order to commit criminal acts without fear of accountability. It is the intent of the City in enacting this Urgency Ordinance to ensure that public assembly events are peaceful and safe.

F. The City of Modesto has a history of the Proud Boys attending various events in the City, including the annual Straight Pride event where many participants arrive wearing identity obscuring masks. (See e.g. Exhibits 8-11.) The Proud Boys have an established reputation for violence and the organization has been designated as a hate group by the Southern Poverty Law Center. The City takes note of its prior experience with the Straight Pride event, which has attracted the participation of the Proud Boys, with event organizers specifically having invited the Proud Boys to attend past Straight Pride events. The Proud Boy members are known to participate in white supremacist rallies, events, and organizations and are reported to have been violent during prior protests. The organizer of the Straight Pride event has also previously identified his straight pride organization as a “peaceful racist” group. In response, MoPRIDE, a Modesto organization providing support to the LGBTQ+ community, has offered safe places for people during the Straight Pride event as concerns for individuals’ personal safety and the likelihood of potential violence against members of the LGBTQ+ community is a serious concern.

G. As well, Anti-fascist (“Antifa”) groups track the various public protests/assemblies in Modesto and have attended events in Modesto to counter-protest. Antifa groups are known to wear masks to obscure their identities and have engaged in violence during prior protests.

H. There is an increased risk that if individuals wear masks or use other apparel to cover their faces during protests or public assemblies to conceal their identities, do so in order to utilize their anonymity to commit acts of violence or vandalism without concern of identification and apprehension, disturbing the ability of others to safely assemble and demonstrate peacefully.

I. As well, based on the Chief of Police’s experience and expertise, tactical gear worn at prior protests in the City, and other forms of tactical gear such as gas masks, bullet-resistant vests, flak jackets, stab resistant vests, and/or load bearing vests, are all associated with the potential for violent clashes. The presence of such tactical gear escalates tensions and/or becomes a trigger for confrontation between protestors and counter-protestors or between protestors/counter-protestors and police. Some examples of tactical gear, such as tactical vests, impact resistant helmets and other hardshell helmets are shown in the attached exhibits of photos drawn from various City protests. (See e.g. Exhibits 1-3, 14-17.) Past events demonstrate that when members of the public wear tactical gear to protests/counter-protests, it is used as an intimidation tactic, to cause an aggressive atmosphere, cause confusion, and/or create a “battlefield” mentality, all of which increases the likelihood of violence. (See e.g. Exhibits 1-4, #10..
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3 14-17.) Additionally, certain gear, such as hardshell helmets can be easily removed and weaponized, increasing the risk of bodily harm if confrontations arise. (See e.g. Exhibits 16-18.) J. Specific examples of conduct prohibited under Section 4-23.02 et seq. also include August 2020, 2021 and 2022 protests and counter-protests, where groups of participants arrived wearing tactical gear and/or concealing a wood block inside a tactical vest. (See Exhibits 8 – 20.) During these protests, several individuals wore hard helmets and face-coverings, and donned tactical gear that is associated with a paramilitary “battle ready” build up. (See Exhibits 1, 14 –

17.) Umbrellas were used not simply for shade, but as shields or to obscure movement and vision. (See Exhibits 3, 21-22.) The Police Chief has also documented various events where masked participants, including those wearing ski masks, balaclavas, and neck gaiters/tubes, have used masks to hide identity and/or as a means to intimidate, including when acting in coordinated masked groups. (See e.g. Exhibits 1-11.)
K. Since the City’s adoption of Chapter 23 in August 2019, there have been numerous public protests that have taken place in the City. The City has a reasonable basis to believe that the Chapter 23 regulations, and their consistent enforcement, have resulted in reduced violence at these public protests. Additionally, since 2022, there has been a notable decline in violations and incidents at demonstrations, as the consistent enforcement of Section 4-23.02 et seq set a clear expectation that Modesto is not a place for groups to come with a “battle ready” or “battlefield” mentality. This has resulted in a more inviting environment for individuals to safely exercise their First Amendment rights in the City.

L. The City has a reasonable basis to believe that the low incidents of violence compared to what it believes would have occurred without the 2019 adoption of Section 4-23.02 is due to the consistent enforcement of the mask covering prohibition, the prohibition on tactical gear such as gas masks, impact resistant helmets or other hardshell helmets, bullet-resistant vests, flak jackets, or stab resistant vests, and/or load bearing vests set forth in subsections (a)(14)-(19) of Section 4-23.02, along with the prohibition on bringing various items to public protects that can be converted into weapons such as flagpoles, large sticks, umbrellas, glass and metal water bottles and the like.

M. There are significant concerns about violence at public events and about violent clashes between those with opposing views. These incidents of violence have been particularly heightened during the public protests that have unfolded in connection with the various ICE raids that have occurred within California and continue to escalate with the prior deployment of the National Guard to Los Angeles, Portland, and Chicago. Numerous public protests, demonstrations and rallies conducted throughout the nation in cities such as Los Angeles, Portland, and Chicago, have erupted in violence between demonstrators and counter-demonstrators, and violence against law enforcement personnel.

N. Accordingly, it is necessary for the City to maintain the restrictions set forth in Section 4-23.02, including maintaining the face covering restriction but to further refine the exceptions to the face covering prohibition for both medical and religious reasons in order to maintain the public safety issues that are achieved by having this provision in play while allowing for the noted limited exceptions.
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4 O. The City’s regulations set forth in Section 4-23.02, including the masking regulations, restrictions on items that can be weaponized and restrictions on tactical gear are viewpoint and content neutral and apply with equal application regardless of the message of any speaker, protest or demonstration. The City recognizes that recently there continues to be an elevated level of tension between groups from different sides of the political aisle and the regulations in Section 4-23.02 will continue to help reduce the likelihood of violence during public assemblies between these deeply divided groups.

P. At various protests, devices such as poles, sticks, signs, umbrellas, wood and metal pipes, bats, chains, as well as certain types of containers including but not limited to glass bottles, metal water bottles, filled with flammable or noxious substances (such as urine) and aerosol sprays deployed to cause flames or attack olfactory systems, and other items have been used as improvised weapons resulting in injuries and property damage. Demonstrators have also carried shields, outfitted themselves in ballistic protection gear, including hiding large wooden blocks, in order to be able to throw objects at police, and to be emboldened to instigate violence against others without fear of identification and accountability when they cover their faces.

Q. The City of Modesto has seen an increase in public protests in the community and wants to ensure that the City Council is proactive in protecting the health, safety and welfare of the protestors, counter protestors and community at large versus taking a “wait-and-see” approach.

The City Council has a reasonable basis to believe that the face mask restriction is necessary to make sure that protestors, counter protestors and observers are not shielding their identity in order to commit criminal acts and go undetected while maintaining the rights of protestors to exercise their First Amendment rights in a safe environment. Indeed, the City Council has a reasonable basis to believe that protestors will be deterred from exercising their First Amendment rights to peacefully assemble if they are fearful for their own public safety at such an event. The City Council has a reasonable basis to believe that the face mask prohibition serves the public health, safety and welfare and serves to prevent violence from occurring at public protests/ assemblies in the City.

R. The adoption of this Urgency Ordinance is a necessary and critical tool for the City to update the time, place and manner regulations setting limits on the use of specified items at public assembly events or at any of the various public venues in the City for public protests/assemblies in order to ensure the safety of the general public and police.

S. In addition to the above factual findings, the City Council in enacting this Ordinance does hereby also take legislative notice of the various principles and decisions regarding the regulation of public assemblies, including but not limited to, the following:

1. Public streets, sidewalks and parks are the archetypes of a traditional public forum where the government cannot favor one speaker over another based on the viewpoint of the speaker. See Frisby v. Schultz, 487 U.S. 474, 480-81 (I 988);see also Rosenberger v.

Rector & Visitors of the Univ. of Virginia, 515 U.S. 819, 828 (1995). The government may regulate First Amendment activities in traditional public fora, such as streets, sidewalks, and parks when such restrictions are reasonable time, place and manner restrictions that are: content neutral; narrowly tailored to serve a significant government interest; and leave open ample alternative channels of communication. See Cornelius v. NAACP Legal #10..
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5 Defense and Educational Fund, 473 U.S. 788, 799-800 (1985); see also; Bay Area Peace Navy v. United States, 914 F. 2d 1224 (9th Cir. 1990).

2. The First Amendment does not protect violence. See N.A.A.C.P v.

Claiborne Hardware Co., 458 U.S. 886, 916 (1982).

3. The Supreme Court has established that the government may not regulate speech based on its substantive content or the message it conveys. Members of the City Council of City of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 804 (1984). Nor may the government favor one view or one speaker over another. Rosenberger, 515 U.S. at 828.

4. In response to potential angry or inflammatory speech, the City of Modesto may increase its police presence; enact security measures to ensure the safety of the public; arrest those who actually engage in violent conduct; and may enact time, place, and manner regulations to maintain safety during public events. See Collins v. Jordan, 110 F. 3d 1363, 1372 (9th Cir. 1996); see also Walker v. City of Birmingham, 388 U.S. 307 (1967); Long Beach Area Peace Network v. City of Long Beach, 574 F. 3d 1011, 1024 (9th Cir. 2009).

5. The City of Modesto has a substantial interest in safeguarding its citizens against violence and in protecting police and demonstrators alike. See Hill v. Colorado, 530 U.S. 703, 724-25 (2000); see also Vlasak v. Superior Court, 329 F. 3d 683, 689 (9th Cir. 2003). Specifically, case law has confirmed that Modesto may enact regulations to make sure that materials along with other similar objects such as glass or metal water bottles and umbrellas are not used as weapons. The City takes legislative notice of the City of Los Angeles’ regulations restricting certain objects at demonstrations and has modeled this regulation in keeping with the Los Angeles provisions validated by the Ninth Circuit in the Vlasak decision. See Vlasak, 329 F.3d at 689; see also Edwards v. City of Coeur D'Alene, 262 F. 3d 856, 863 & 866 (9th Cir. 2001).

T. It is imperative that individuals engaging in peaceful expressive public activity do so without fear of violence and that law enforcement personnel dedicated to protecting such activity be allowed to do so without suffering injury. This Urgency Ordinance provides a narrowly tailored content-neutral mechanism to reduce the risk of violence at demonstrations, rallies, protests, counterprotests, picket lines, marches, or public assemblies in the City of Modesto. The restrictions limit the use of facial coverings that obscure one’s identity at these specific public events (with exceptions for religious and medical reasons) without banning costumes or other expressive clothing. The restrictions in Section 4-23.02 are also directed at limiting other items such as umbrellas, hardshell helmets and glass or metal water bottles that can, and have been weaponized, while still allowing for peaceful expressive activity. The restrictions also limit the use of tactical gear by members of the general public as such items have a high potential to be used for intimidation and/or to increase the likelihood of violent confrontation and this limitation addresses the significant government interest in maintaining the peace at protests while also allowing for peaceful expressive activity.

U. Modesto’s restriction precluding face coverings subject to religious and medical exemptions means that individuals attending public protests on public streets and in public spaces #10..
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6 cannot generally speaking hide their identity. While some concerns have been raised for the need to have public protestors remain anonymous, the City Council recognizes that in our current digital age individuals understand that cameras are recording us constantly out in public spaces such as at City Hall, at the 10th Street Plaza or on major public rights-of ways. This fact when added with the extensive technology at play that is recording our daily activities in public spaces via the prevalence of iPhone cameras, Ring cameras and the like establishes that virtually all of our movements within the public rights of ways are subject to possible video recordation. And, in fact several of the individuals who participated in protests and expressed the concern for anonymity appeared at the Modesto City Council meeting unmasked, although the meetings are regularly recorded and broadcast to a large audience.

V. The City Council also finds that none of the individuals urging anonymity here have public safety concerns of the nature that was at play in Ghafari v. Municipal Court, 87 Cal. App. 3d 255, 260 (1978), where Iranian students were protesting in front of the Iranian consulate and all parties agreed that the protestors and their families back in Iran would be subject to potential violence and retaliation based on their presence at the protest.

W. The City Council also takes note that the numerous cases offered in support of anonymity are predominately drawn from case law assessing the constitutional permissibility of mandating the disclosure of membership names or leaflet sponsorship for the offering of handbills or other publicly disseminated materials. See NAACP v. State of Alabama, et al., 357 U.S. 449, 460 (1958) [finding it constitutionally impermissible to require the NAACP to produce membership lists in support of registering as a foreign corporation] and Talley v. California, 362 U.S. 60, 64 (1960) [finding the City of LA requirement to identify names of individuals who prepared, distributed or sponsored handbills to be constitutionally infirm] and McIntrye v. Ohio Elections Commission, 514 U.S. 334, 341 (1995) [finding a right to anonymity in the publishing of leaflets]. The issue as to identity being revealed on a public street is markedly different than the concerns for anonymity found in the noted case law. The issues at play in Modesto addressing the need for anonymity for First Amendment expression and assembly on a public right-of way is simply significantly different as people appear in plain view on a daily basis and are in fact subject to extensive recording when present in public spaces and public streets.

X. The City Council has reasonable basis to believe based on the experiences of the Modesto Police Department at prior public protests that the face covering prohibition is justified based on safety concerns. As well, the City takes note of experiences of other jurisdictions outside California upholding a face mask prohibition. See Ryan v. County of DuPage, 45 F. 3d 1090 (7th Cir. 1995) [upheld rule prohibiting wearing masks in courthouse based on heightened security concerns]; and State of Georgia v. Miller, 260 Ga. 669 (1990) [Georgia’s Supreme Court upheld anti-mask statute that proscribed wearing a mask by a KKK member to hide their identity and intimidate others].

Y. On December 2, 2025, the City Council held a public meeting during which it considered the adoption of this Urgency Ordinance pursuant to California Government Code § 36937 and the Modesto Charter § 716. Both California Government Code § 36937 and Modesto Charter § 716 allow the adoption of such urgency ordinances to take effect immediately to ensure the immediate preservation of the public peace, health, safety, and general welfare in the City of Modesto.
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7 Z. The restrictions on use of specified items during public assembly adopted in Section 4-23.02 and revised herein are necessary in order to protect the public health, safety, and welfare by providing a mechanism to limit and prevent violence and promote peaceful assembly. These are content-neutral time, place and manner restrictions that allow for peaceful public expressive activity. The restrictions are narrowly tailored to address the City’s interest in safety and preventing violence and to the extent they burden expressive activity they leave ample alternatives for communication. The regulations make public assembly safer by banning objects that can readily be weaponized and help ensure the safety of all protestors, counter-protestors and observers by making sure that individuals do not hide their identity to allow for criminal activity without depriving people of the opportunity to demonstrate, rally, protest, counter-protest, picket, march, assemble or otherwise engage in peaceful free speech activities.

AA. These regulations adopted herein are necessary in order to protect the public health, safety, and welfare by providing a mechanism to address the potential violence and companion property damage and personal injuries that have accompanied public protests, rallies, and demonstrations in cities such as Los Angeles, Portland, and Chicago.

SECTION 2. AMENDMENT OF MUNICIPAL CODE.

The City of Modesto Municipal Code Title 4 (Public Welfare, Safety and Health), Chapter 23, titled “Restrictions on Use of Specified Items During Public Assembly,” Sections 4-

23.02 (a) (13), (a) (15) and (a) (17) are hereby amended as follows (with additions underlined and deletions in strikethrough):

Section 4-23.02 Restrictions
(a) No person shall utilize, carry, or possess the following items or articles while attending or participating in any demonstration, rally, protest, counter-protest, picket line, march, or public assembly:
(13) The wearing of a mask, scarf, bandana or any other accessory or item that covers or partially covers the face shielding the wearer’s face from view and conceals the wearer’s identity, except for:
(i) coverings worn due to religious beliefs, practices, or observances. For purposes of this section, the religious exemption will apply to any individual wearing a religious garment that covers their face including, but not limited to hijabs, niqabs, burkas and the functional equivalent; (ii) or coverings worn due to medical necessity. For purposes of this section, the medical necessity exemption shall apply to any individuals who are wearing medical grade masks including but not limited to a surgical mask, disposable face mask, N95 mask, KN95 mask, elastomeric mask, and/or the functional equivalent but not for balaclavas, ski masks or the like; and
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8 (iii) the restrictions of Section 4-23.02 (a)(13) do not apply to costumes which obscure the face as part of the expressive function of the costume including, coverings worn as part of a costume in connection with a holiday event (e.g. Halloween), masquerade event (e.g. Mardi Gras), theatrical or other entertainment event, and/or the functional equivalent.
(15) Any hardshell impact resistant helmet, including, but not limited to:
motorcycle helmets, bicycle helmets, sports helmets, or ballistic helmets;. This provision does not include softshell bicycle/sports helmets; (17) Any umbrellas in the absence of rain. or being used to protect from extreme heat. During rainy weather an When an umbrella may be used based on these weather conditions, the umbrella shall not exceed sixteen (16) inches in its longest dimension when fully collapsed and shall have a blunt end; SECTION 3. SEVERABILITY.

If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Modesto hereby declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses, or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.

SECTION 3. EFFECTIVE DATE/URGENCY.

This Urgency Ordinance shall be passed and adopted at one and the same meeting and shall become effective immediately. The reasons for this urgency are set forth in Paragraphs A-W inclusive.

The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 2nd day of December, 2025, by Councilmember ______, who moved its introduction and passage to print, which motion being duly seconded by Councilmember __________, was upon roll call carried and ordered printed and published by the following votes:

AYES: Councilmembers:

NAYS: Councilmembers:
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9 ABSENT: Councilmembers:

APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: __________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: __________________________________
JOSE SANCHEZ, City Attorney
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10 FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the ____ day of ______, 2025, Councilmember(s) ____________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: __________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
Effective Date: ______________, 2025
6345441
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1 ORDINANCE NO. ________- C.S.

AN ORDINANCE AMENDING THE CITY OF MODESTO
MUNICIPAL CODE TITLE 4, CHAPTER 23,
“RESTRICTIONS ON USE OF SPECIFIED ITEMS DURING
PUBLIC ASSEMBLY,” PROVIDING VARIOUS REVISIONS

TO THE TIME, PLACE AND MANNER REGULATIONS AS

TO PUBLIC ASSEMBLIES
SECTION 1. FINDINGS
A. The City Council of the City of Modesto hereby finds as follows: revisions to the City’s Municipal Code implemented by this Ordinance are necessary in order to respond to preserve the public health, safety and welfare. Specifically, the revisions and amendments to Municipal Code Title 4, Chapter 23 included in this Ordinance are essential and necessary to improve the City’s regulation of public assemblies, and thereby ensure the preservation of the public peace, health, safety and general welfare in the City of Modesto.

These regulations serve to deter violence, property damage and any bodily harm to individuals that wish to engage in peaceful protests and demonstrations.

D. The revisions to the City’s Municipal Code implemented by this Ordinance are necessary in order to respond to recent developments regarding various public protests/assemblies that are occurring in the City, and which raise serious safety concerns regarding protecting citizens, businesses, property, and police alike from any violent disputes, and in order to reduce the threat of serious bodily injury or property damage for all future public protests/assemblies in Modesto.

Specifically, the amendments to the City’s Municipal Code Title 4, Chapter 23 that are included in this Ordinance are essential and necessary to ensure the orderly implementation of restrictions on specified items used at public assemblies and masks concealing identity, to reduce the #10..
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2 likelihood of violence and property damage and to ensure the safety of the general public, event attendees, counter-protestors and the police, and thereby ensure the immediate preservation of the public peace, heath, safety and general welfare in the City of Modesto.

E. The City supports peaceful protests, demonstrations, and events. Unfortunately, some individuals have used protests and other public assembly events as “cover” to commit acts of violence, arson, and vandalism. This is especially true for those individuals who wear face coverings in hopes of remaining anonymous and in order to commit criminal acts without fear of accountability. It is the intent of the City in enacting this Ordinance to ensure that public assembly events are peaceful and safe.

I. As well, based on the Chief of Police’s experience and expertise, tactical gear worn at prior protests in the City, and other forms of tactical gear such as gas masks, bullet-resistant vests, flak jackets, stab resistant vests, and/or load bearing vests, are all associated with the potential for violent clashes. The presence of such tactical gear escalates tensions and/or becomes a trigger for confrontation between protestors and counter-protestors or between protestors/counter-protestors and police. Some examples of tactical gear, such as tactical vests, impact resistant helmets and other hardshell helmets are shown in the attached exhibits of photos drawn from various City protests. (See e.g. Exhibits 1-3, 14-17.) Past events demonstrate that when members of the public wear tactical gear to protests/counter-protests, it is used as an intimidation tactic, to cause an aggressive atmosphere, cause confusion, and/or create a “battlefield” mentality, all of which increases the likelihood of violence. (See e.g. Exhibits 1-4, 14-17.) Additionally, certain gear, such as hardshell helmets can be easily removed and weaponized, increasing the risk of bodily harm if confrontations arise. (See e.g. Exhibits 16-18.) #10..
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3 J. Specific examples of conduct prohibited under Section 4-23.02 et seq. also include August 2020, 2021 and 2022 protests and counter-protests, where groups of participants arrived wearing tactical gear and/or concealing a wood block inside a tactical vest. (See Exhibits 8 – 20.) During these protests, several individuals wore hard helmets and face-coverings, and donned tactical gear that is associated with a paramilitary “battle ready” build up. (See Exhibits 1, 14 –

O. The City’s regulations set forth in Section 4-23.02, including the masking regulations, restrictions on items that can be weaponized and restrictions on tactical gear are viewpoint and content neutral and apply with equal application regardless of the message of any #10..
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4 speaker, protest or demonstration. The City recognizes that recently there continues to be an elevated level of tension between groups from different sides of the political aisle and the regulations in Section 4-23.02 will continue to help reduce the likelihood of violence during public assemblies between these deeply divided groups.

R. The adoption of this Ordinance is a necessary and critical tool for the City to update the time, place and manner regulations setting limits on the use of specified items at public assembly events or at any of the various public venues in the City for public protests/assemblies in order to ensure the safety of the general public and police.

Rector & Visitors of the Univ. of Virginia, 515 U.S. 819, 828 (1995). The government may regulate First Amendment activities in traditional public fora, such as streets, sidewalks, and parks when such restrictions are reasonable time, place and manner restrictions that are: content neutral; narrowly tailored to serve a significant government interest; and leave open ample alternative channels of communication. See Cornelius v. NAACP Legal Defense and Educational Fund, 473 U.S. 788, 799-800 (1985); see also; Bay Area Peace Navy v. United States, 914 F. 2d 1224 (9th Cir. 1990).
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5 2. The First Amendment does not protect violence. See N.A.A.C.P v.

Claiborne Hardware Co., 458 U.S. 886, 916 (1982).

T. It is imperative that individuals engaging in peaceful expressive public activity do so without fear of violence and that law enforcement personnel dedicated to protecting such activity be allowed to do so without suffering injury. This Ordinance provides a narrowly tailored content-neutral mechanism to reduce the risk of violence at demonstrations, rallies, protests, counterprotests, picket lines, marches, or public assemblies in the City of Modesto. The restrictions limit the use of facial coverings that obscure one’s identity at these specific public events (with exceptions for religious and medical reasons) without banning costumes or other expressive clothing. The restrictions in Section 4-23.02 are also directed at limiting other items such as umbrellas, hardshell helmets and glass or metal water bottles that can, and have been weaponized, while still allowing for peaceful expressive activity. The restrictions also limit the use of tactical gear by members of the general public as such items have a high potential to be used for intimidation and/or to increase the likelihood of violent confrontation and this limitation addresses the significant government interest in maintaining the peace at protests while also allowing for peaceful expressive activity.

U. Modesto’s restriction precluding face coverings subject to religious and medical exemptions means that individuals attending public protests on public streets and in public spaces cannot generally speaking hide their identity. While some concerns have been raised for the need to have public protestors remain anonymous, the City Council recognizes that in our current digital age individuals understand that cameras are recording us constantly out in public spaces such as #10..
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6 at City Hall, at the 10th Street Plaza or on major public rights-of ways. This fact when added with the extensive technology at play that is recording our daily activities in public spaces via the prevalence of iPhone cameras, Ring cameras and the like establishes that virtually all of our movements within the public rights of ways are subject to possible video recordation. And, in fact several of the individuals who participated in protests and expressed the concern for anonymity appeared at the Modesto City Council meeting unmasked, although the meetings are regularly recorded and broadcast to a large audience.

Y. On December 2, 2025, the City Council held a public meeting during which it considered the adoption of this Ordinance pursuant to the City of Modesto Charter § 716.

Z. The restrictions on use of specified items during public assembly adopted in Section 4-23.02 and revised herein are necessary in order to protect the public health, safety, and welfare by providing a mechanism to limit and prevent violence and promote peaceful assembly. These are content-neutral time, place and manner restrictions that allow for peaceful public expressive activity. The restrictions are narrowly tailored to address the City’s interest in safety and preventing violence and to the extent they burden expressive activity they leave ample alternatives #10..
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7 for communication. The regulations make public assembly safer by banning objects that can readily be weaponized and help ensure the safety of all protestors, counter-protestors and observers by making sure that individuals do not hide their identity to allow for criminal activity without depriving people of the opportunity to demonstrate, rally, protest, counter-protest, picket, march, assemble or otherwise engage in peaceful free speech activities.

SECTION 2. AMENDMENT OF MUNICIPAL CODE.

The City of Modesto Municipal Code Title 4 (Public Welfare, Safety and Health), Chapter 23, titled “Restrictions on Use of Specified Items During Public Assembly,” Sections 4-

23.02 (a) (13), (a) (15) and (a) (17) are hereby amended as follows (with additions underlined and deletions in strikethrough):

Section 4-23.02 Restrictions
(a) No person shall utilize, carry, or possess the following items or articles while attending or participating in any demonstration, rally, protest, counter-protest, picket line, march, or public assembly:
(13) The wearing of a mask, scarf, bandana or any other accessory or item that covers or partially covers the face shielding the wearer’s face from view and conceals the wearer’s identity, except for:
(i) coverings worn due to religious beliefs, practices, or observances. For purposes of this section, the religious exemption will apply to any individual wearing a religious garment that covers their face including, but not limited to hijabs, niqabs, burkas and the functional equivalent; (ii) or coverings worn due to medical necessity. For purposes of this section, the medical necessity exemption shall apply to any individuals who are wearing medical grade masks including but not limited to a surgical mask, disposable face mask, N95 mask, KN95 mask, elastomeric mask, and/or the functional equivalent but not for balaclavas, ski masks or the like; and
(iii) the restrictions of Section 4-23.02 (a)(13) do not apply to costumes which obscure the face as part of the expressive function of the costume including, coverings worn as part of a costume in connection with a holiday event (e.g. Halloween), masquerade event (e.g. Mardi Gras), theatrical or other entertainment event, and/or the functional equivalent.
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8 (15) Any hardshell impact resistant helmet, including, but not limited to:
motorcycle helmets, bicycle helmets, sports helmets, or ballistic helmets;. This provision does not include softshell bicycle/sports helmets; (17) Any umbrellas in the absence of rain. or being used to protect from extreme heat. During rainy weather an When an umbrella may be used based on these weather conditions, the umbrella shall not exceed sixteen (16) inches in its longest dimension when fully collapsed and shall have a blunt end; SECTION 3. SEVERABILITY.

SECTION 3. EFFECTIVE DATE
This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 4. PUBLICATION
At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.

AYES: Councilmembers:

NAYS: Councilmembers:

ABSENT: Councilmembers:
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9 APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: __________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: __________________________________
JOSE SANCHEZ, City Attorney
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10 FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the ____ day of ______, 2025, Councilmember(s) ____________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: __________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
Effective Date: ______________, 2025
6345445
#10..
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INDEX OF EXHIBITS
NO. DESCRIPTION EVENT DATE

1. Mask and tactical vest Straight Pride Protest August 29, 2020

2. Masks and tactical vest Anti-Police Violence
Protest
April 17, 2021

3. Masks, tactical vest and umbrella Anti-Police Violence Protest
April 17, 2021

4. Masks, flag pole, tactical vest 10th Street Plaza Protest June 14, 2025

5. Full face covering BLM March May 31, 2020

6. Ski mask BLM March May 31, 2020

7. Mask BLM March May 31, 2020

8. Proud Boys masked up Straight Pride Protest August 28, 2021

9. Proud Boys masked up Straight Pride Protest August 28, 2021

10. Masked individuals re
protestor/counter protester fight
Straight Pride Protest August 28, 2021

11. Masked individuals re
protestor/counter protester fight
Straight Pride Protest August 28, 2021

12. Protestor/counter protester fight Straight Pride Protest August 28, 2021

13. Protestor/counter protester fight Straight Pride Protest August 28, 2021

14. Tactical vest Straight Pride Protest August 28, 2021

15. Wood from tactical vest Straight Pride Protest August 28, 2021

16. Hard shell helmet and tactical vest Straight Pride Protest August 29, 2020

17. Riot helmet and tactical vest Straight Pride Protest August 29, 2020

18. Hard shell helmet and face
coverings
Straight Pride Protest August 27, 2022

19. Wood pole as weapon Straight Pride Protest August 28, 2021

20. Wood pole as weapon Straight Pride Protest August 27, 2022

21. Umbrella and mask Straight Pride Protest August 27, 2022

22. Umbrella and mask Straight Pride Protest August 27, 2022 #10..
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No. 1 – Mask and tactical vest, Straight Pride Protest, August 29, 2020 #10..
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No. 2 - Masks and tactical vest, Anti-Police Violence Protest, April 17, 2021 #10..
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No. 3 – Masks, tactical vest and umbrella, Anti-Police Violence Protest, April 17, 2021 #10..
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No. 4 – Masks, flag pole, tactical vest, 10th Street Plaza Protest, June 14, 2025 #10..
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No. 5 – Full face covering, BLM March, May 31, 2020
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No. 6 – Ski mask, BLM March, May 31, 2020
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No. 7 – Mask, BLM March, May 31, 2020
#10..
- 681 -
No. 8 - Proud Boys masked up, Straight Pride Protest, August 28, 2021 #10..
- 682 -
No. 9 - Proud Boys masked up, Straight Pride Protest, August 28, 2021 #10..
- 683 -
No. 10 – Masked individuals re protestor/counter protester fight, Straight Pride Protest, August 28, 2021 #10..
- 684 -
No. 11 – Masked individuals re protestor/counter protester fight, Straight Pride Protest, August 28, 2021 #10..
- 685 -
No. 1
2 – Protestor/counter protester fight, Straight Pride Protest, August 28, 2021 #10..
- 686 -
No. 13 – Protestor/counter protester fight, Straight Pride Protest, August 28, 2021 #10..
- 687 -
No. 14 – Tactical vest, Straight Pride Protest, August 28, 2021 #10..
- 688 -
No. 1
5 – Wood from tactical vest, Straight Pride Protest, August 28, 2021 #10..
- 689 -
No. 16 – Hard shell helmet and tactical vest, Straight Pride Protest, Aug. 29, 2020 #10..
- 690 -
No. 17 – Riot helmet and tactical vest, Straight Pride Protest, August 29, 2020 #10..
- 691 -
No. 1
8 – Hard shell helmet and face coverings, Straight Pride Protest, August 27, 2022 #10..
- 692 -
No. 19 – Wood pole as weapon, Straight Pride Protest, August 28, 2021 #10..
- 693 -
No. 20 – Wood pole as weapon, Straight Pride Protest, August 27, 2022 #10..
- 694 -
No. 21 – Umbrella and mask, Straight Pride Protest, August 27, 2022 #10..
- 695 -
No. 22 – Umbrella and mask, Straight Pride Protest, August 27, 2022 #10..
- 696 -

Modesto City CouncilDecember 2, 2025

Modesto City Council
December 2, 2025