Antioch Set to Talk Sideshow Ordinance

On Tuesday, the Antioch City Council will discuss sideshows and consider a city ordinance prohibiting reckless driving exhibitions and street racing.

According to the proposed ordinance, it seeks to hold spectators accountable and prohibit them from being within 200 feet of sideshow or speed racing events.

The Antioch City Council took up the item last May when neighboring cities in Pittsburg and Oakley were working on ordinances, however, it has since sat idle after the council reacted to video posted on social media of side show participants damaging Antioch Police vehicles and jumping on vehicles—this also led a pursuit that went into Elk Grove which resulted in two people being detained.

In August Mayor Lamar Thorpe claimed that crime and sideshows were down in the City of Antioch as to why they did not bring the ordinance back, however, data and number incidents (sometimes unreported to police) show otherwise.

“I want to remind the public for the last two years we have actually seen a reduction in large scale sideshows in this city because we have been proactive. Our proactive efforts were disseminated as a result of the racist text messages scandal. So, we have many issues who work to gather intelligence, I can’t tell you how or methods used, to gather intelligence to intervene. They have done a very good job of stopping sideshows from happening. Or, if we can’t stop them, it’s a sideshow detail where they are going to meet the individuals at where its going to happen and they are not going to make it to any intersection. So, we have been very good at shutting down sideshows, we have, ” explained Thorpe.

He continued.

“The reason we never brought back the spectator ordinance, which I had called for, was because we were doing so good and thought oh put it on the back burner. We will get to it when we can. But obviously we are at a point where we need it so that will be coming back,” said Thorpe. “I want to reiterate that sideshows have been reduced in the city and we have done a very good job of making sure they happen.”

According to the staff report, if the new law enforcement tools provided by the sideshow ordinance are successful in helping the City discourage and reduce large-scale sideshows, then the City would reduce expenses due to fewer deployments of police

Per the Staff Report:

State Law Provides Legal Accountability for Drivers in Sideshows and Street Races

The existing penalties for drivers in sideshows and street races are extensive. The California Vehicle Code (“CVC”) makes it illegal to engage in the following conduct on all public streets and offstreet parking facilities:

• Motor vehicle speed contests, where one vehicle races against another vehicle or against a clock, on public highways are prohibited (CVC § 23109(a)).
• Aiding or abetting motor vehicle speed contests is prohibited (CVC § 23109(b)).
• Motor vehicle speed exhibitions are prohibited (CVC § 23109(b)(c)).
• Driving on a highway with deliberate disregard for the safety of persons or property is prohibited (Section 23103(a)).
• Driving on an off-street parking facility with deliberate disregard for the safety of persons or property is prohibited (CVC § 23103 (b)).

The California Vehicle Code allows a police officer to arrest a person and seize their motor vehicle if the police officer determines that the person engaged in these illegal activities. Police can impound the vehicle for up to 30 days (CVC § 23109(h)).

Arrests and/or citations for sideshow or speed racing drivers may lead to driver’s license suspension. Vehicles are also subject to inspection for modifications to the engine or smog emissions devices, which can lead to out of service orders placed on vehicles. Vehicles placed out of service are often required to be inspected by the State Referee and repairs can be costly

A City Ordinance Can Provide Legal Accountability for Organizers and By-Standers at Sideshows and Street Races

Implementing a sideshow and street racing organizer and by-stander ordinance (“Ordinance”) would substantially broaden the scope of individuals held legally accountable for sideshows and street races beyond the drivers participating in the event. A sideshow and street racing organizer and by-stander ordinance would prohibit promotion of, preparation for, participation in, and attendance as a spectator at sideshows or street races.

The Ordinance would discourage organizing and being a spectator at illegal sideshows or street races by providing proper notice of unlawful activities to citizens, addressing a clear, identifiable, and limited population, and holding individuals accountable for promoting, preparing, participating in, and being a by-stander at sideshows.

The Ordinance could rely on evidence of past sideshows or street races to identify patterns of violations. An Ordinance could require evidence that includes preparation for any sideshow or street race, such as when a person has arrived at a predetermined location on a public street, highway, or in an off-street parking facility, and have interfered with the free use of a public street, highway, or off-street parking facility. Interference with the free use of a public street include acts, or physical barriers, or lining up vehicles on a public street.

The Ordinance could also require that the person charged has previously aided and abetted sideshow or street race, previously attended a sideshow or street race, or has previously been present at a location where preparations were being made for a sideshow or street race, or where a sideshow or street race event was in progress. Such a provision would narrow the focus of law enforcement and allow the City to focus on those most involved in creating these events while protecting those persons who may have coincidentally and innocently been found to be in the location of a sideshow or street racing event. Moreover, evidence that a person has been at a prior sideshow would strengthen the case for citing a participant.

An Ordinance can assist the City in taking enforcement action against those who park their vehicles in a position that interferes with traffic by blocking an intersection to set the stage for a sideshow or street race. For example, these “by-standers” could be held accountable for being an integral part of the production by having their cars seized.

The Ordinance’s definition of a by-stander or spectator could apply to those who are found within 200 feet of the location of a sideshow, street race, or the site of the preparations for these activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses.

The Ordinance may reduce the probability of accidents, injuries, and death caused by sideshows. It may also protect against damage to private property, homes, and vehicles.

The ordinance may also alleviate harmful health and environmental impacts, such as the trauma and stress created by sideshow noise and air pollution.

In an effort to protect the health and safety of its residents, several cities have adopted ordinances banning spectators at sideshows. Sideshow ordinances from Pittsburg, Oakland, and San Jose are attached for your review and consideration.

Antioch City Council Meeting

Date: Tuesday, October 24, 2023
Time: 7:00 P.M. – Regular Meeting
Place: Council Chambers
200 ‘H’ Street, Antioch, CA 94509
Agenda – click here

Sideshow in the City of Antioch

Stories on Sideshows:

• Sept. 28, 2023: Antioch Police Pressed on if Aid from CHP or Sheriff is Needed
• Sept. 25, 2023: Antioch Police Say 1 Arrested After Weekend Sideshow Activity
• Aug 9, 2023: Antioch Mayor Claims Sideshows and Crime is Down
• Aug 7, 2023: Santa Rosa suing 13 sideshow organizers $25K each for pollution violations (ABC7)
• Aug 6, 2023: Antioch Sideshow Damages Water Main, Vehicle Also Enters Delta Waters
• July 5, 2023: Updated: Hundreds Gather for Fourth of July Sideshow in Antioch
• May 12, 2023: Pico Rivera Passes Street Takeover Ordinance Allowing for Permanent Seizure of Cars
• Jan 25, 2023: Criminal Investigation Leads to 7 Arrests of Sideshow Organizers and Promoters
• Jan 12, 2023: Antioch Police Tow 2 Vehicles, 1 Citation in Latest Sideshow Response
• Dec 27, 2022: CHP Highlights New Laws in 2023
• Dec 14, 2022: Brentwood Police Chief Comments on Recent Sideshow Activity
• Sept 23, 2022: Bill to Crack Down on Street Racing and Illegal Sideshows Signed by Governor
• May 16, 2022: Antioch Mayor Says Council Will Take Up Policy to Target Sideshow Spectators
• May 15, 2022: Antioch Police Respond to Two Sideshows, Officers Vehicles Attacked
• May 3, 2022: Pittsburg City Council Agrees to Fine Sideshow and Street Racing Spectators
• April 14, 2022: Oakley Police Say Vehicle Attacked in Response to Sideshow Event, Firearm Recovered