New laws strengthen cities' abilities to impound vehicles involved in sideshows
While cities in California continue to pass ordinances to combat illegal sideshows, Gov. Gavin Newsom signed several laws now in effect statewide to give municipalities more legal tools to address them.
Sideshows are the scourge of many cities as sometimes hundreds of people gather at busy intersections for impromptu and dangerous displays of donuts and other vehicle stunts that take over entire areas and overwhelm police.
Officers who arrive are outnumbered and taken away from other calls in cities already plagued with understaffing, such as Vallejo. Deaths have even occurred when bystanders are struck by cars or gun fights break out.
Most cities have passed laws such as requiring the impounding of vehicles seized in sideshows, but savvy participants need only steal a car to use at the event, making losing the vehicle a moot point. Some cities even go after people who watch a sideshow from a public street, which some civil rights attorneys have questioned the legality of. In cities like San Francisco, Mayor London Breed recently pushed for stricter penalties for those who plan and participate in sideshows, legislation which was passed by the Board of Supervisors in September.
Newsom signed four bills that close some loopholes and strengthen authorities' ability to crack down on sideshows by impounding more vehicles.
Assembly Bill 2186 expands a law that already exists for roadways. Basically, if a sideshow or "exhibition of speed" occurs in a parking lot, the vehicle(s) can now be impounded.
Assembly Bill 1978 gives police the power to impound vehicles they deem took part in aiding or abetting a side show or street race without having to take someone into custody.
The bill's author, Kate Sanchez, R-Rancho Santa Margarita, said the law "will ensure that speed exhibitions will not continue in a different location once a street race has been dispersed and will keep roads, pedestrians, and other drivers safe."
Opponents of the bill such as the American Civil Liberties Union see it as a way to target anyone who may have a car in the vicinity of a sideshow.
"Assembly Bill (AB) 1978, which would give police officers overbroad and unconstitutional authority to tow vehicles as a de facto punishment for anyone who they believe aided or abetted a sideshow or street race," reads the ACLU's opposition statement. "AB 1978 harshly punishes people by towing their vehicle without a formal judicial hearing or determination. For low-income and working households, the towing of a vehicle is often catastrophic."
Assembly Bill 3085 is another new state law that clarifies and strengthens the ability of police to impound vehicles. Officers could already go to a magistrate to get a 30-day impoundment for vehicles involved in reckless driving or fleeing, but now they have the ability to do so for sideshows.
Finally, a bill from Assemblymember Carlos Villapudua, D-Stockton, Assembly Bill 2807, clarifies that a "sideshow" is also known as a "street takeover" now as well, giving prosecutors more leeway in court.
San Joaquin County, home of Stockton, has received attention for its massive crackdown on sideshows after 150 people were detained in February in Stockton and 88 vehicles were seized by the Sheriff's Office. Sheriff Patrick Withrow said he wanted to crush the impounded vehicles.
In November, Withrow posted an update on Facebook about the impounded vehicles, which his office has held for more than the 30-day maximum under state law. Seized cars can only be held for up to 30 days unless a county district attorney's office files charges. Withrow has referred to the vehicles as "evidence."
Withrow said that after the February bust, the county had seen zero sideshow activity as of November.
"We have had no sideshow events in our county since then, and we are ready, willing and waiting if they decide they want to come back and donate some more cars to our pile here at the office," he said.
On Thursday, spokesperson for the Sheriff's Office, Deputy Andres Lopez, said that "as of today, we still have not had a sideshow of that scale since February."
Overall, Withrow said 13 cars had been released and 76 vehicles remained in the custody of the Sheriff's Office. The sheriff also said that the San Joaquin County District Attorney's Office was dealing with 250 cases related to sideshows.
