The Alameda County Board of Supervisors has voted to reduce the jail time for spectators within 200 feet of a sideshow from six months to three months. Board president Nate Miley acknowledged that the original ordinance, passed on July 11, omitted an amendment voted on by the board to lower potential jail terms.
The updated ordinance was passed with a 3-1 vote, with supervisors David Haubert, Lena Tam, and Nate Miley voting in favor. Supervisor Elisa Márquez voted against the ordinance, while Supervisor Keith Carson was excused from the vote.
Supervisor Marquez has consistently argued that law enforcement should target drivers rather than spectators in sideshow incidents. She has expressed preference for increased patrol efforts and area blockades where sideshows are likely to occur.
The ordinance has sparked concern among legal professionals, who question the legality of charging individuals on public property who may or may not be viewing a sideshow. Alameda County Public Defender Brendon Woods has raised concerns about the ordinance’s constitutionality and the potential for racial profiling.
Violators of the law can face a misdemeanor charge, a fine of up to $1,000, and a possible three-month jail term. Evidence of prior acts of presence or attendance at a sideshow event in the last three years can be used to prove a violation.
The ordinance is set to take effect on August 9.