(MODESTO, CA.) -- The City of Modesto recently used $ 350,000 of its taxpayer General fund to fight a preliminary injunction against the ACLU (American Civil Liberties Union) and lost.
Photo Credit: ACLUNORCAL.org
The approval of this preliminary injunction follows an ongoing issue in Modesto where the City’s officials, in conjunction with Modesto Police Chief Brandon Gillespie, approved an “unconstitutional” mask ordinance, effectively banning the wearing of face coverings and protective gear at rallies and marches.
The Pacific Media Workers Guild, an organization operating as both an advocacy group and labor union for journalists, has also joined the ACLU in their fight against the City of Modesto. The current $350,000 came from the Modesto City Council approving a motion to extend their “not-to-exceed” limit with their hired law firm, Meyer Nave, to fight litigation.
Available public records show that defiance of the ordinance is classified as a misdemeanor and is punishable by law, entailing six months of imprisonment in county jail. Since the emergency approval of the ordinance back in August 2019, its creation was tasked with identifying criminal offenders who resorted to vandalism and violence.
The ordinance restricts, “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 coverings worn due to religious beliefs, practices, or observances or due to medical necessity."
Photo Credit: MccLibraryFunctions
The ACLU noted a specific example, recalling the case of Jessica Ramirez as evidence as to how such a ban affects individuals. According to an ACLU press release, Ramirez was a college student who had a photo of her posted online by “far-right agitators.” In context, she notes that the ability to wear a mask at all is what helps add that extra bit of protection for herself at protests.
“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,” she says.
Another primary group affected is journalists who rely on protective gear at protests. President of the Pacific Media Workers Guild Annie Sciacca noted on this sentiment that things like helmets and goggles are considered basic safety gear that journalists should have.
Photo Credit: FirstAmendmentCoalition.org
She also noted during an ACLU press release "For the Guild’s members, gas masks, helmets, and goggles constitute basic safety gear necessary to safely document protests in our communities.”
She noted times where she had been hit by crowd control weapons during certain events, which only highlights the need for laws to be in place for the average citizen and journalist alike.
Though the City of Modesto is actively opposed to any lifting of the mask ordinance, residents have shown up at city council meetings this year to voice their concerns regarding the alleged blatant disregard of care on the city’s end. With this, concerns about the city wasting taxpayer money on fighting the aforementioned injunction that ultimately ruled in favor of the ACLU and other plaintiffs have also left residents outraged.
If you have any comments, questions or concerns regarding this report, please email me at yikaileau.w@lead4earth.org
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