The Stockton City Council approved an ordinance June 23 restricting the use of ski masks and other face coverings intended to conceal identity in public spaces and private property open to the public. City officials said the measure aims to address intimidation and improve public safety, but critics said it could conflict with residents’ rights.
The ordinance establishes Chapter 9.18 of the Stockton Municipal Code and makes it unlawful to wear a ski mask within city limits with the intent to conceal identity in a manner that provokes a reasonable apprehension of intimidation, threats or violence.
The ordinance defines ski masks as garments, including balaclavas and similar face coverings, that conceal the face. It applies to public spaces, including streets, sidewalks and parks, as well as private property open to the public, such as businesses, retail stores and restaurants.
Exceptions include religious garments, medical necessity, occupational safety requirements, theatrical or sporting events, traditional holiday costumes and law enforcement or emergency personnel acting in the scope of their duties.
Violations are misdemeanors under the municipal code and are subject to criminal penalties, including a $1,000 administrative penalty. The ordinance also authorizes the Stockton Police Department to enforce the measure, issue citations and confiscate ski masks used in violation of the ordinance. Business owners and property managers may deny entry to or remove individuals who violate the ordinance from their premises.
The ordinance followed about a year of committee and council review, beginning in June 2025 when it was first considered by the Council Legislation and Environmental Committee and forwarded to the full council. After police raised enforcement concerns, the proposal was revised and returned to the committee multiple times before being sent back to the council for final consideration.
Vice Mayor Jason Lee, the ordinance’s main proponent, proposed the measure in response to a series of armed robberies and shootings in which suspects wore ski masks to avoid identification by police and security cameras, including the armed robbery of an eighth grader whose money lei was stolen after a graduation ceremony outside Delta Sierra Middle School in May 2025.
Stockton police said in November 2025 that 31% of robberies in 2023 involved a face covering, compared with 26% in 2024. From January through June of this year, 28% of robberies involved a face covering, which police said amounts to “roughly one in four cases.”
“Every single resident, 326,000, deserves to live in a city that has a council that prioritizes every opportunity to keep them safer,” Lee said.
During public comment, David Sengthay, a Stockton native and recent Stanford University graduate, pointed to the ACLU Foundation of Northern California’s challenge of a Modesto mask ordinance in federal court. The group filed a lawsuit and sought an injunction to block enforcement of the ban on masks and safety gear at public demonstrations. The ACLU argued the ordinance was unconstitutionally vague and infringed on First Amendment rights by forcing people to choose between personal safety and free speech.
“Our ordinance is drafted more narrowly, but I would argue it shares the same fundamental vulnerability — a subjective standard that turns on individual officer discretion with no objective test and no clear exemption for lawful protest and public assembly,” Sengthay said.
Sengthay also asked the council about enforcement equity, noting that Stockton is a majority-minority community.
“An ordinance that relies on officer discretion without an objective standard carries a real risk of uneven application even amongst the most trained and skilled police officers,” Sengthay said.
District 2 Councilmember Mariela Ponce asked City Attorney Marci Arredondo whether, as written, the ordinance violates anyone’s constitutional rights.
“I trust in my staff who provided legal review, and at this time we would not put something before you we felt rose to that level,” Arredondo said to Ponce.
Mayor Christina Fugazi, who referred to Sengthay’s comments, cautioned that police enforcement can be unequal and questioned whether there would be disciplinary action against officers who potentially do not follow the ordinance.
“With a minority-majority city, we don’t want to unknowingly target our Black and Brown community. But you can’t tell when somebody’s got a ski mask on, I’ll put it like that,” Fugazi said. “Officers still need a legal justification in order to stop somebody as it is because wearing a ski mask in and of itself is not a crime.”
Stockton Police Deputy Chief Anabel Morris said the ordinance overlaps with state law that already makes it a misdemeanor to wear a mask while committing a crime, but said it would serve as an additional tool for officers.
“It would be up to the officers to make an assessment because we do have to protect the rights of individuals,” Morris said. “Do know that our officers will enforce the law and be unbiased to ensure that the community remains safe.”
Morris said reports of people wearing ski masks would not automatically be treated as emergency calls involving immediate threats to life. She said officers would respond when a unit is available. Dispatchers would ask follow-up questions to determine the circumstances so they can better assess how to respond to potential violations of the ordinance.
Ultimately, the council approved the ordinance in a 6 to 1 vote. Lee, Ponce, District 1 Councilmember Michele Padilla, District 3 Councilmember Michael Blower, District 4 Councilmember Mario Enríquez and District 5 Councilmember Brando Villapudua voted in favor of the ordinance. Fugazi was the lone dissenter.
The ordinance is effective July 23.
Record reporter Hannah Workman covers news in Stockton and San Joaquin County. She can be reached at hworkman@recordnet.com or on Twitter @byhannahworkman. Support local news, subscribe to The Stockton Record at https://www.recordnet.com/subscribenow.
This article originally appeared on The Record: Stockton makes ski mask use a misdemeanor when used to intimidate
Reporting by Hannah Workman, The Stockton Record / The Record
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By Hannah Workman, The Stockton Record | USA TODAY Network
