Photo: Mark Murrmann
On July 2, 2024, Jose Antonio Garcia, an Oakland-based reporter for The Oaklandside, sued Alameda County in federal court over its Ordinance 2023-31, which criminalizes merely being present within 200 feet of a “sideshow” for the purpose of observing it. This law has prevented Garcia, who writes using another family name, “Jose Fermoso,” from covering sideshows as a newsworthy public safety issue, and is a violation of his First Amendment rights.
Oaklandside reporter Jose Fermoso points at skid marks left in an intersection following a sideshow. Photo: Florence Middleton
Fermoso’s past coverage of sideshows includes a May 2023 article in which Fermoso and co-author Darwin BondGraham mapped the intersections of every report of sideshows made to Oakland police for nearly four years. Fermoso has also interviewed residents and business owners who are affected by the sideshows and detailed efforts to curb sideshows through enforcement and traffic safety measures such as installing hard medians and barricades.
Based on the responses to his prior sideshow reporting, Fermoso knew there was high demand in the community for more reliable, firshand reporting about what is happening at these events. He planned to attend, observe, and record sideshows to meet this demand. However, following the passage of Ordinance 2023-31, Fermoso canceled all plans to report in person on sideshows in unincorporated areas of Alameda County for fear of being cited, arrested, or criminally prosecuted under the new law.
The lawsuit asks the court to declare Ordinance 2023-31 unconstitutional because it violates freedom of speech and freedom of the press guaranteed by the First Amendment and the California Constitution. The lawsuit challenges only this ordinance. It does not seek to prevent local governments from addressing the hazards of sideshows through enforcing otherwise valid laws against unlawful and dangerous conduct such as reckless driving.
Press Release: Reporter Sues Alameda County for Sideshow Law That Criminalizes Journalism (7/2/2024)
News Coverage:
- San Francisco Chronicle: Oakland reporter sues Alameda County over sideshow ordinance (7/2/2024)
- KTVU: Reporter sues Alameda County over sideshow ordinance (7/3/2024)
- KRON4: News reporter sues government over sideshow laws in Alameda County (7/7/2024)
Legal Documents:
- Appeal to Ninth Circuit Court of Appeals (12/20/2024)
- Appellants’s Excerpts of Record (12/20/2024)
- Order Denying Motion for Preliminary Injunction (10/11/2024)
- Plaintiff’s Reply in Support of Motion for Preliminary Injunction (9/19/2024)
- Defendants’ Opposition to Motion for Preliminary Injunction (8/29/2024)
- Motion for Preliminary Injunction (7/23/2024)
- Complaint (7/2/2024)