26 Jun In Second Reversal, Antioch Again Targets Sideshow Spectators, As Well As Organizers, Advertisers

To stop or, at least, slow down sideshows, Antioch considered holding spectators accountable, then decided not to. Now, City Council is moving in that direction again. (Screenshot captured by Samantha Kennedy / The CC Pulse)

By Samantha Kennedy

Months after rejecting a similar ordinance due to concerns about abuse of police discretion, the Antioch City Council on Tuesday moved forward with an ordinance that would criminalize spectators, organizers and advertisers of sideshows. Council members say a solution for the more frequent, more dangerous sideshows outweighs criticisms. 

The ordinance would mean those found guilty of spectating, organizing or advertising a sideshow could be fined $1,000, jailed for six months or both. Council passed the first reading of the ordinance 4-0 at the meeting, with council member Tamisha Torres-Walker absent. Another vote, expected in July, is required to make the ordinance official. If that happens, it would go into effect 30 days later. 

“Let’s not let perfection be the enemy of progress,” said Mayor Lamar Hernandez-Thorpe, who previously called an ordinance targeting spectators punitive but was in favor of both draft ordinances presented at the meeting. 

Previously proposed ordinances targeting sideshow participants, including spectators, have been rejected by council members for being too broad and not being strong enough, according to the accompanying staff report. 

Council members at the Nov. 14 meeting last year directed staff not to criminalize spectators in a proposed ordinance and instead focus on organizers and advertisers. Council failed to adopt that ordinance in March because they felt it wasn’t enough to have a meaningful impact on sideshow activity. 

In an attempt to move along an issue that has been delayed due to flip-flopping stances, two ordinances were presented to council members Tuesday —  one including the criminalization of spectators and one not. 

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Language criminalizing spectators has been central to criticism by residents and some council members, with many critics believing “spectator” was too broadly defined and meant officer discretion could be abused to target bystanders trapped by sideshows. 

The ordinance currently defines “spectator” as “any individual who is present at an illegal motor vehicle sideshow, speed contest, or exhibition of speed, or at a location where preparations are being made for such activities for the purpose of viewing, observing, watching or witnessing the event.” 

Council member Michael Barbanica, a retired police officer, disagreed with the idea that police officers would be unable to tell the difference between active participants and those simply trapped by the sideshow activity. 

To determine if a suspected sideshow spectator committed a violation, the proposed ordinance language says circumstances including time of day, if the individual drove or was otherwise transported to the area and their conduct “in relation to any individual or group present at the scene” would be considered. 

Wilson agreed that “spectator” was too broadly defined but felt it was necessary to move forward with the ordinance. 

Council member Lori Ogorchock had different criticisms of the ordinance, suggesting harsher penalties for violators such as increasing fines and impounding cars as evidence to prevent further sideshow activity. Ogorchock mentioned the San Joaquin County Sheriff’s Department’s seizure of vehicles — nearly 90 cars — at a Stockton sideshow in February. 

Her attempt to include harsher penalties failed due to additional research that would prolong the ordinance’s adoption. 

The next Antioch City Council meeting is July 9.