News reporter sues government over sideshow laws in a California county

(FOX40.COM) — The rise of illegal sideshows in California prompted several government and law enforcement agencies to up the ante on penalties – but a recent lawsuit accuses some of the new laws of being a violation of constitutional rights.

• Video Above: California law enforcement seeks to crack down on sideshows

Several areas from San Joaquin County in Northern California to the Bay Area have enacted plans to prosecute more than just the people who drive in sideshows. Now, spectators or even people who just happen to be in the area at the time of a sideshow, can face fines and other penalties. In Stockton, a man said he was once at the wrong place at the wrong time when a sideshow broke out. He said he did not have any ties to the show, but he was held at gunpoint by police before his vehicle was towed.

Officials said the penalties are meant to rid cities of sideshows, but a local news reporter argues otherwise.

On July 2, Jose Antonio Garcia, who goes by ‘Jose Fermoso’, sued Alameda County in federal court over its ordinance that criminalizes being present within 200 feet of a sideshow for the purpose of observing it. Fermoso said the law prevents him from covering sideshows as a newsworthy public safety issue and is a violation of his First Amendment rights.

"Sideshows occur everywhere in our community and their effect on the safety of our communities needs to be covered,” Fermoso said in a press release.

Fermoso is an award-winning reporter who covers road safety, transportation, and public health for The Oaklandside , a nonprofit news organization in Oakland.

“Our readers at The Oaklandside rely on my reporting to know what the city and county are doing to address the issue,” Fermoso said. “By preventing myself and other reporters from covering sideshows, the county is leaving residents with one side of the story."

Fermoso is represented by The First Amendment Coalition , a non-profit organization that “promotes a free press, freedom of expression and the people's right to know.” Garcia v. County of Alameda was filed in the U.S. District Court for the Northern District of California, Oakland Division.

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