Modesto can no longer arrest you for protecting yourself at protests. 

We took our fight for a free press to federal court after the Modesto City Council refused to repeal an ordinance that puts journalists at risk of arrest for simply using standard-issued personal protective gear while covering protests.

SPJ NorCal joined an amicus brief supporting Pacific Media Workers Guild and ACLU NorCal’s lawsuit against the city of Modesto for imposing a draconian and vague ordinance that prohibited journalists and the public alike from wearing personal protective equipment at protests, including basic safety gear like face coverings, scarves, eyewear, sports equipment, impact-resistant clothing, helmets, gas masks, and padded vests. 

We made sure Central Valley journalists’ voices were heard in this advocacy from the start. We joined Ginny LaRoe of the First Amendment Coalition in urging the city to repeal the ordinance after news broke that officers had begun enforcing the ban, arresting protesters. This raised the prospect that journalists in Modesto — many of whom had just been provided new PPE to use if needed at protests — could face arrest and charge under the ordinance. When the city refused to repeal or revise the ordinance to resolve these concerns about the impact on newsgathering, ACLU filed suit, representing press and protesters. SPJ NorCal President Joe Fitzgerald Rodriguez provided a key declaration to the court in the case, explaining the importance of PPE in safe reporting. 

And finally, when ACLU sought an emergency order stopping enforcement of the ban, we joined our partners at the First Amendment Coalition in an amicus brief expressing the views of the journalist community.

“Newsgathering and reporting are some of the primary conduits by which the public receives information about government activity, but journalists cannot do their jobs when they are unable to observe due to injuries from chemical agents, such as pepper spray or tear gas, impact weapons, or other devices,” the brief, authored by FAC’s David Loy, reads. “It is imperative that journalists be able to cover law enforcement operations in public places safely and effectively, especially the police response to mass demonstrations. By preventing them from doing so, the ordinance constructively denies journalists the rights guaranteed by the First Amendment or Penal Code section 409.7.”

After the court heard argument from ACLU NorCal lawyers Chessie Thacher and Angelica Salceda, and the city’s lawyer, Senior U.S. District Judge John A. Mendez issued a ruling from the bench granting the plaintiffs preliminary injunction and denying a stay pending appeal, meaning that Modesto cannot enforce or arrest anyone under the ordinance while the lawsuit proceeds to further hearings or an appeal. 

Our Modesto members and other journalists in the city can once again protect themselves at protests without fear of arrest. Modesto has filed a notice of appeal. 

We’ll be monitoring this case and continue to make sure the voices of Central Valley journalists are heard.

— Annie Cappetta, Co-Chair of SPJ CenCal Satellite Chapter’s Advocacy Committee