New laws strengthen cities’ abilities to impound vehicles involved in sideshows

By: Eliot Pierce

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Gov. Gavin Newsom signed a number of measures that are already in force statewide to provide towns with additional legal tools to deal with illegal sideshows, even as cities in California continue to enact policies to combat them.

Hundreds of people occasionally congregate at busy intersections for spontaneous and risky donut and other car stunt exhibitions that take over entire areas and overwhelm authorities, making sideshows the bane of many communities.

In communities like Vallejo that already struggle with understaffing, arriving officers are outnumbered and diverted from other calls. Even vehicle accidents and gunfights have claimed the lives of bystanders.

Although the majority of cities have enacted legislation mandating the impoundment of vehicles confiscated during sideshows, astute players just need to steal a car to use at the event, rendering the loss of the vehicle irrelevant. Some civil rights lawyers have questioned whether it is legal for some cities to target those who attend a sideshow from a public roadway. Mayor London Breed recently pushed for tougher punishments for those who organize and take part in sideshows in places like San Francisco, and the Board of Supervisors passed the measure in September.

In addition to strengthening authorities’ authority to crack down on sideshows by impounding more vehicles, Newsom signed four laws that address some loopholes.

Assembly Bill 2186 adds more provisions to an existing road law. In essence, the vehicle or vehicles involved in a sideshow or “exhibition of speed” in a parking lot may now be seized.

According to Assembly Bill 1978, police can confiscate cars they believe participated in a street racing or side show without having to arrest anyone.

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According to Kate Sanchez, a Republican from Rancho Santa Margarita, who wrote the measure, it “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.”

The American Civil Liberties Union and other law opponents see it as a means of targeting anyone who could be driving close to a spectacle.

“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,” according to the ACLU’s statement of objection. “AB 1978 severely punishes individuals by towing their car without a formal court hearing or ruling. Towing a car can be disastrous for working and low-income households.

Another new state law that tightens and clarifies police’s authority to confiscate vehicles is Assembly Bill 3085. 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. According to Withrow, the cars are “evidence.”

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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 stated.

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.

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