A Modesto mask ban is sparking scrutiny after several protesters were arrested for wearing them during demonstrations.

Now the American Civil Liberties Union is calling for the city to reconsider its ban on prohibited items during public assemblies.

Video shows five protesters arrested for violating the city's anti-mask ordinance during an "ICE Out" protest in June.

Charged with misdemeanors, the face-coverings have left the protesters facing possible fines and jail time.

Angelica Salceda is a program director at the ACLU and said the arrests in Modesto over face-coverings show a troubling trend.

"The ACLU believes this ordinance is unconstitutional and too broad and too vague," Salceda said. "The state already has a law on the books preventing people from masking their identities while engaging in criminal activities. Modesto and other cities could already use that law."

At a civilian police review board meeting, Modesto Police Chief Brandon Gillespie defended the arrests, stating the city mask ordinance was passed back in 2019 when the council did not want to take a "wait and see" approach to potential violence at protests and that the ban on masks was meant to be a deterrent to escalation. 

Modesto councilmember Chris Ricci is calling on the city police review board to make recommendations on what to do with the policy.

"It's a challenging subject," Ricci said. "Well, I think that the police department and the city have one perspective on keeping the overall city safe and that we limit the risks at these kind of events, but you also residents that are trying to protect their identities and they have their perspective too."

City signage shows, besides masks, the city bans a long list of items from demonstrations, from lumber and piping to balloons and bottles. 

For now, it's the mask-wearing misdemeanor that has Modesto under this civil rights microscope.

• Modesto News