Antioch Rejects “Absolutely Useless” Sideshow Ordinance

On Tuesday, the Antioch City Council failed to approve its watered-down sideshow ordinance which would have targeted organizers and promoters.

If approved, Antioch could issue fines up to $1,000 or face up to six-months in jail should someone knowingly organizing a street race, sideshow or exhibition of speed. For adverting a street race, sideshow or exhibition of speed on a public street or in a parking lot. This includes use of social media to organize or promote sideshows.

The ordinance passed 5-0 in its first reading, however, with Mayor Lamar Hernandez-Thorpe and councilmember Tamisha Torres-Walker not present, the item failed.

During the meeting, Mayor Pro Tem Monica Wilson admitted the ordinance was “weak” but wanted something to pass as a start. Councilmembers Mike Barbanica called it “absolutely useless”, while  Lori Ogorhcock said the ordinance did not go far enough.

Back in May of 2022, Mayor Lamar Hernandez-Thorpe stated the council will be taking up a policy dealing with sideshow spectators which includes arrests and fining spectator, however, nothing happened. After a series of sideshows, in August of 2023, Barbanica requested an ordinance that targeted organizers, spectators and cost recovery for damages.

On Tuesday, Barbanica and Ogorchock explained why they no longer supported the “weak” ordinance.

“Yes I voted for this when it came out initially, but its been no secret I don’t think this nearly goes far enough. This is just a feel good thing but the reality of it is, is that our police department is not truly going to sit there and track down who organizes a sideshow,” said Barbanica. “It could have been much more effective, a tool that was used much more effective if we would have allowed officers to cite, but unfortunately there was not an appetite for that. I think this is better than nothing, but its pretty close to nothing.”

Barbanica stated as they moved forward, don’t expect Antioch Police Department officers to issue a lot of citations for organizers because the reality was determining who organizes a sideshow and how it was put together is difficult.

“This is a tool on our books, and we can all go woo-hoo we did something, we did almost nothing here, so thank you,” said Barbanica.

Councilmember Lori Ogorchock also expressed frustration with the ordinance.

“When this was discussed, I did vote for it because it’s a beginning and a start, but I was hoping the start would evolve into something. I am disappointed right now with the city attorney because I had a conversation with him that he reach out to other cities to find out what their ordinances were regarding the sideshows, some of them have stricter ordinances that we have,” stated Ogorchock who wanted to know what is going on throughout the state. “Another part of the conversation, as we did with the rent control, we can make stricter ordinances of what the state makes, we can’t go less, but we can increase and add more to it… this doesn’t mean anything to me. Its just like a piece of paper that we have got this ordinance. I want this stronger, I am not going to vote for it this time.”

She said it may not pass tonight but will look at it again in the future.

“Until it can get some teeth behind this thing and make it so these people are punished, then I am not going to vote for it just to have paper and say we have an ordinance, I am not going to do it,” stated Ogorchock.

Mayor Pro Tem Monica Wilson admitted it was a weak ordinance.

“Yes, this is kind of a weak ordinance, but I error on the side I’d rather see something pass as a start but I know this is probably going to be coming back,” stated Wilson.

Antioch City Attorney Thomas Lloyd Smith offered a clarification stating the discussion was focused around misdemeanors which was capped at $1,000 fine or six-months in prison. He also called this ordinance a “gap” that the police department could use along with other laws on the books regarding sideshows—this one focused on advertising/organizers of sideshows.

Ogorchock disagreed and stated she would not get in a public debate with the city attorney but said she wanted another way to put teeth in this and find out what other cities are doing.

“I did bring up Oakland and it was thrown at me it’s a charter city, I understand it is a charter city, it doesn’t matter, you can make up your own ordinances within your city as we have done on other things,” said Ogorchock. “This is something we are putting together and put some teeth behind it and increase it. That is what I am asking for.”

Barbanica recalled one of the first meetings they had, it was stated the city of Antioch needed to hit sideshow organizers and participants in the pocketbooks.

“Sitting in that meeting, I wrote the email to the city managers office and the mayor saying I want an ordinance brought back in front of the council and actually cite people for attending these sideshows and there is a financial penalty with this,” stated Barbanica. “This has fallen way short of that. In each meeting, I’ve pushed lets beef this up much more than it is. I can’t in good conscious just pass something just because, well we want to say we did something. This is doing really nothing,”

He wanted to hold people accountable for destroying public property.

“All this did was weaken this down and it is absolutely useless,” said Barbanica. “You are not going to hear a motion or a second coming from me tonight on this.”

The item ultimately died without a motion. Its unclear if and when a sideshow ordinance will return to the city council.

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Note:

Back in January, when Contra Costa County Fire Protection District engines were blocked from responding to two service calls, Fire Chief Lewis Broschard says all cities should adopt maximum enforcement ordinances.

“We would encourage communities to adopt maximum enforcement ordinances in regards to sideshows that reduce their occurrence and impact on emergency responders and the public,” said Broschard who says ad-hoc or unannounced closures of roads impact their ability to respond to emergencies in a timely manner.  “In the case of medical emergencies and fires, time matters if we are to arrive and administer advanced life support to make a positive outcome in the case of a life threatening medical emergency or to limit fire spread in the case of a structure or vegetation fire.” — Full story

Previous Stories:

• Nov 16 – Antioch Opts to Place Ordinance Focus on Sideshow Organizers
• Oct 26 – Antioch Agrees to Create Ordinance Directed at Sideshow Spectators
• Sept 25 – Antioch Police Say 1 Arrested After Weekend Sideshow Activity
• Aug 15 – License Plate Readers Coming to Downtown Antioch
• Aug 9 – Antioch Mayor Claims Sideshows and Crime is Down
• Aug 9 – Antioch Man Charged with Reckless Driving and Felony Hit and Run
• Aug 6 – Antioch Sideshow Damages Water Main, Vehicle Also Enters Delta Waters
• July 5 – Updated: Hundreds Gather for Fourth of July Sideshow in Antioch
• Jan 12 – Antioch Police Tow 2 Vehicles, 1 Citation in Latest Sideshow Response
• 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