Is Spectating a Sideshow Illegal in California?

If you live in the Bay Area, you’ve probably heard the screeching tires and roaring engines of a sideshow taking over an intersection. These flashy, illegal car stunt shows have become a dangerous and disruptive problem across California.

But while the drivers doing donuts and burnouts are clearly breaking the law, what about the crowds that gather to watch? Could merely being a spectator at a sideshow get you arrested or fined? As criminal defense attorneys at The Nieves Law Firm, we’re here to break down the complex legality of sideshow spectating in California.

Are Sideshows Themselves Illegal in California?

Yes, sideshows are illegal under California law. The vehicle stunts performed at sideshows – like donuts, drifting, and burnouts – are considered an exhibition of speed and reckless driving. Under California Vehicle Code Section 23109, an exhibition of speed is punishable by up to 90 days in jail, a fine of up to $500, or both.

Sideshow participants can also face charges for related offenses like reckless driving, trespassing, public nuisance, and even felony assault with a deadly weapon if a vehicle strikes someone. Police frequently impound the cars involved in sideshows for up to 30 days. Make no mistake – if you get caught driving in a sideshow, you’ll be facing serious criminal charges and potentially thousands in fines and fees.

California Laws on Spectating Sideshows

So what about the crowds of onlookers that typically surround a sideshow? Are they breaking the law by watching? The answer is a bit more complicated.

There is no universal state law in California that specifically prohibits spectating at a sideshow. However, many cities and counties, particularly in the Bay Area, have passed their own local ordinances to crack down on sideshow crowds. These ordinances make it a misdemeanor crime to knowingly watch a sideshow within a certain distance of the event, typically 200 feet.

Alameda County’s Sideshow Spectator Ordinance

For example, Alameda County passed an ordinance targeting sideshow spectators. It is a misdemeanor to:

1. Be knowingly present as a spectator within 200 feet of an illegal motor vehicle sideshow, speed contest, or reckless driving exhibition;
2. Be knowingly present at a location where preparations are being made for an illegal motor vehicle sideshow, speed contest, or reckless driving exhibition; or
3. Stop or park near a location where an illegal motor vehicle sideshow, speed contest, or reckless driving exhibition is taking place in order to be a spectator.

The ordinance carries a punishment of up to 6 months in county jail, a fine of up to $1,000, or both. Repeat offenders can face even steeper penalties.

San Jose’s Laws on Sideshow Spectators

Similarly, San Jose updated its municipal code to impose harsher punishments on sideshow spectators. In the city of San Jose, it is a misdemeanor to knowingly remain within 200 feet of an illegal sideshow.

Violators can face a fine of up to $1,000 and/or up to 6 months in jail.

What is Considered “Spectating” a Sideshow Under the Law?

So, what exactly counts as being a sideshow spectator under these local ordinances? The laws typically define spectating as knowingly gathering or remaining present as a bystander for the primary purpose of watching the illegal sideshow activity.

This means you don’t have to be actively participating, encouraging the stunts, or engaging with the sideshow to be considered a spectator. Simply observing the sideshow from a relatively close distance with the intent to watch could be enough to violate anti-spectating laws.

However, most spectating ordinances carve out some exceptions and defenses. For example, the laws typically don’t apply to:

• Uninvolved pedestrians or drivers who are just passing by
• Customers or employees of business establishments in the immediate area
• People commuting through or residents of the area where a sideshow pops up
• Individuals observing a sideshow from a safe distance for non-spectating purposes (like waiting for a bus or walking home)

It’s also important to note that some criminal defense attorneys have argued sideshow spectating laws may violate First Amendment rights to observe and record matters of public interest. However, courts have generally upheld these ordinances as permissible restrictions on public gatherings that enable illegal and dangerous activity.

Penalties for Sideshow Spectating in Areas with Ordinances

If you are cited or arrested for sideshow spectating in a city or county with an anti-spectating ordinance in effect, you could face some serious penalties, including:

• A misdemeanor charge on your criminal record
• Up to 6 months in county jail
• Fines ranging from $100 to $1,000
• Probation
• An arrest record and booking for refusing a dispersal order

The stiff penalties are intended to discourage the large crowds of bystanders that allow sideshows to grow out of control. Without spectators, most sideshows would fizzle out pretty quickly.

How Are Sideshow Spectating Laws Enforced?

When police respond to a sideshow, one of their first priorities is usually to break up the crowd of onlookers. Officers will typically issue a dispersal order over a loudspeaker, instructing spectators to clear out immediately or face arrest.

But how do police determine who is a spectator subject to citation or arrest? Simply being present in the general vicinity of a sideshow isn’t always enough to prove someone was there to watch, especially if they leave when ordered.

Officers will look for additional indications that an individual was spectating, such as:

• Using a phone to record or livestream sideshow stunts
• Cheering, clapping, or verbally encouraging sideshow drivers
• Rushing to a sideshow location after it’s announced on social media
• Following a sideshow from site to site as it moves
• Standing or sitting close to the sideshows action

However, there are concerns that spectating laws could be enforced too broadly, leading to innocent bystanders being wrongfully arrested. Police have to try to distinguish between actual spectators and people who just happen to get caught near the commotion.

The Bottom Line on Sideshow Spectating in California

While participating in an illegal sideshow in California as a driver will definitely land you in legal trouble, merely being a spectator is more of a gray area. There is no statewide spectating law, but an increasing number of cities and counties are passing ordinances that make it a misdemeanor to watch a sideshow within a certain distance (usually 200 feet).

If you get cited or arrested as a sideshow spectator in an area with an ordinance, you could face fines up to $1,000 and even jail time, especially for refusing to leave when ordered. But a skilled criminal defense lawyer may be able to raise defenses that get the charges dismissed or reduced.

If you or someone you know has been accused of spectating a sideshow in the Bay Area, don’t panic. The experienced sideshow defense attorneys at The Nieves Law Firm are here to protect your rights and fight for your future. We’ve helped countless clients beat sideshow-related charges and clear their records. Contact us today for a confidential consultation to discuss your case and your options. With our dedicated legal team in your corner, you have someone to stand up for you against overzealous sideshow policing.