SAN FRANCISCO (CN) - A Ninth Circuit Court of Appeals panel on Thursday sided with a Bay Area journalist in his lawsuit over an anti-sideshow law, which he claims violates the First Amendment and "criminalizes journalism."

Jose Antonio Garcia covers road safety for an Oakland-based news outlet, The Oaklandside, under the name "Jose Fermoso." He sued Alameda County in 2024 over a law he claims violates the right of reporters to gather news by criminalizing their mere presence at and observation of sideshows.

Also called "street takeovers" in Los Angeles, sideshows are informal, illegal demonstrations of car stunts often held at intersections or in parking lots.

In its 19-page decision, the panel ruled the Alameda County law, which makes it illegal to be present within 200 feet of a sideshow for the purpose of observing the event, infringes on the right of reporters to gather news and was "presumptively unconstitutional."

"The First Amendment protects Garcia's newsgathering and reporting activities," U.S. Circuit Judge Holly A. Thomas, a Joe Biden appointee, wrote for the panel.

The panel ultimately found that the restrictions the county placed on spectating sideshows were content-based, "only targets one topic," and fail to pass strict scrutiny standards under the First Amendment.

The panel also ruled that a lower court improperly denied a court order in October 2024, which would have allowed Garcia to continue reporting on sideshows, the impromptu car stunt shows that regularly shut down intersections in his city.

The panel reversed the lower court's decision and remanded it with instructions to enter a preliminary injunction in the journalist's favor.

The First Amendment Coalition, which represented Garcia, said it was "very pleased" with the decision.

"It sends a clear message that local governments cannot censor protected speech just by invoking words like 'public safety,' and that the government can protect public safety without censoring protected speech," David Loy, First Amendment Coalition director, said in a phone call.

Loy also said that at this point, his client wasn't seeking any more than "nominal" damages like attorneys' fees, should they win the case.

"The case isn't about money. This case is about defending the First Amendment," he said.

Meanwhile, the county kept its comments on the ruling short.

"The county respectfully disagrees with the court's conclusions and is considering next steps," Matthew D. Zinn of Shute, Mihaly & Weinberger, which represented Alameda County, said in an email.

An Alameda County Sheriff's Department spokesperson did not respond to a request for comment by email and phone.

Garcia did not immediately respond to a request for comment by phone.

U.S. Circuit Judges Mark J. Bennett, a Donald Trump appointee, and John Byron Owens, a Barack Obama appointee, rounded out the panel.

Although originally hotspots for Bay Area youth culture that took on more of a block party mood, sideshows in recent years have become increasingly associated with violence and shootings.

Garcia also claims his lawsuit is in the public interest, noting many people rely on The Oaklandside's coverage of these events so they can avoid them or gauge public safety before they go outside of the house. Garcia's reporting even goes as far as mapping areas of Oakland where sideshows are most likely.

The panel heard oral arguments from both sides in the case at a hearing in May.

In September, a 100-person sideshow even took over the San Francisco Bay Bridge for 20 minutes before police dispersed the crowd.

Source: Courthouse News Service