Oaklandside reporter Jose Fermoso points at skid marks left in an intersection following a sideshow. Photo: Florence Middleton
FOR IMMEDIATE RELEASE
Contact: [email protected]
San Rafael, Calif. – The Ninth Circuit Court of Appeals has ruled that Alameda County’s Ordinance 2023-31, which criminalizes merely being present within 200 feet of a “sideshow” for the purpose of observing it, is likely unconstitutional.
Representing Oaklandside reporter Jose Antonio Garcia, FAC sued the county in July, asserting the law violates the First Amendment by preventing Garcia from covering sideshows as a newsworthy public safety issue. The district court ruled in favor of the county in denying Garcia’s motion for a preliminary injunction against enforcement of the Ordinance; FAC appealed that ruling to the Ninth Circuit.
The following can be attributed to David Loy, Legal Director, First Amendment Coalition:
“This decision is important because it confirms the government cannot undermine the First Amendment right to document and record issues of public concern like sideshows. The court correctly recognized that the county can protect public safety without censoring protected speech.”
The decision can be found here:
https://firstamendmentcoalition.org/wp-content/uploads/2025/09/Garcia-v-Alameda-9thCircuitOpinion.pdf
More information about the case, Garcia v. County of Alameda, can be found here: https://firstamendmentcoalition.org/case/garcia-v-county-of-alameda/