Alameda County law criminalizing sideshow spectators unconstitutional: court

Appeals Court overturns Alameda County law criminalizing sideshow spectators: violation of first amendment

The Ninth Circuit Court of Appeals ruled that the Alameda County ordinance criminalizing sideshow spectators is likely unconstitutional. The Oaklandside reporter who sued the county says the law stopped him from going to sideshows to cover them because he was concerned that police would arrest him. The First Amendment Coalition, representing the reporter said ,"Journalists need to be able to do their jobs and cover newsworthy events in public spaces but others have a right to be there as well to observe. Sideshows are newsworthy events." Alameda County supervisors say the law was designed to stop dangerous sideshows.

OAKLAND, Calif. - Alameda County has lost a legal battle in its efforts to stop sideshows.

A law making it illegal for spectators to be at sideshows was overturned by the Ninth District Court of Appeals on Thursday.

The court ruled that the county ordinance, which makes it illegal for anyone to be within 200 feet of a sideshow as a spectator, violates the First Amendment.

"I was particularly afraid to go to these sideshows and to be arrested by the police," said Jose Fermoso, a reporter with The Oaklandside, who is the plaintiff in the suit.

Fermoso, whose legal last name is Garcia covers sideshows, sued the county in July 2024 because the law did not specify that journalists are exempt.  

"If public safety officers aren't allowing us to do that, and putting us in danger, then that's a loss to the community," said Fermoso.

A lower court ruled in favor of Alameda County last October.

But the First Amendment Coalition representing Fermoso appealed.

"We've always felt confident that journalists and others have a constitutional right to be present where news is happening and to be able to record events that are happening in front of them in public spaces," said David Snyder, executive director of the First Amendment Coalition. "Journalists need to be able to do their jobs and cover newsworthy events in public spaces,
but others have a right to be there as well to observe. Sideshows are newsworthy events." 

Alameda County Supervisor Nate Miley co-authored the ordinance, and issued a statement, which said in part that he was "extremely disappointed in the court’s decision."

Miley wrote that sideshows have become "too widespread" and "unruly," citing gunfire, burning cars and "other criminal and a social behavior that endangers the community ....Citing spectators would definitely serve as a deterrent!"

Supervisor Lena Tam, who also supported the ordinance, said she hopes that journalists who come to an event "will see a non-event by discouraging spectators and discouraging the need to have a show." 

She said the county will be reviewing their options moving forward and that "the key thing is to stop the sideshows."

The First Amendment Coalition said the court ruling will take 21 days to go into effect. Fermoso said he will resume reporting on sideshows when that happens.

Amber Lee is a reporter with KTVU. Email Amber at Amber.Lee@Fox.com or text/leave a message at 510-599-3922. Follow her on Facebook @AmberKTVU,  Instagram @AmberKTVU  or Twitter @AmberKTVU