"People who gather to watch sideshows garnered an unusual legal win, as the Ninth Circuit Court of Appeals just did donuts all over Alameda County's law saying that it's a crime to even watch a sideshow, and they struck that law down. City governments all over the Bay Area have been grasping at straws for ways they can discourage or prevent sideshows from happening nigh every weekend during the warm-weather months."
"Alameda County even went so far in 2023 as to pass a law that made it illegal to even watch a sideshow, or in the law's words, to knowingly spectate within 200 feet of a sideshow. Violators could be hit with three months in jail and a $1,000 fine. Oaklandside journalist Jose Fermoso brought a lawsuit challenging that law, as he often covers sideshows for that publication."
"A free speech group called the First Amendment Coalition represented him, though a federal judge ruled against them in October of last year. But the coalition appealed, and now the Chronicle reports that the Ninth US Circuit Court of Appeals struck down the Alameda County sideshow-watching law in a 3-0 Thursday ruling. The court's Judge Holly Thomas wrote that a journalist must observe sideshows in order to record them and report upon them."
The Ninth Circuit Court of Appeals invalidated an Alameda County ordinance that criminalized knowingly spectating within 200 feet of a sideshow. Alameda County enacted the law in 2023, exposing alleged violators to up to three months in jail and a $1,000 fine. Oaklandside journalist Jose Fermoso challenged the statute, with the First Amendment Coalition representing him on appeal after a federal district court initially ruled against the challenge. The appeals court reversed in a unanimous 3-0 decision, with Judge Holly Thomas emphasizing that journalists and others must be able to observe, record, and report on public events without criminal penalty.
Read at sfist.com
Unable to calculate read time
Collection
[
|
...
]