Overview

• The court held that Alameda County’s 2023 rule criminalizing “knowing” spectating within 200 feet of a sideshow violates constitutional rights to observe and report.
• Judge Holly Thomas wrote the opinion for a three-judge panel, rejecting the county’s safety rationale because the restriction targeted conscious observers rather than proximity-related risk.
• The decision reverses a 2024 district court ruling that had upheld the ordinance as a regulation of location rather than speech.
• Alameda County’s attorney said the county disagrees with the ruling and is considering next steps, and the First Amendment Coalition welcomed the outcome.
• The ruling does not affect separate city bans on sideshows in Oakland, San Francisco, and San Jose, and it is expected to take effect after the standard 21-day period.