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The Crackdown On Sideshows In Oakland, California: Reaction And Resolution

By Timothy N. Stelly, Sr.
Aug. 30, 2005

Every weekend the city of Oakland, California is beset upon by wilding youth in cars putting on "sideshows." Crowds gather late at night at pre-designated sites to watch these daring young men in their driving machines speed, spin donuts and figure 8’s, burn rubber and show off their skills—all under the guise of innocent entertainment. These speed demons endanger their lives as well as those looking on.


Hundreds gather to watch these events, which often draw teens and adults who are under the influence of alcohol and or drugs. What’s more, these shows have often resulted in accidents, injuries and deaths of both participants and bystanders.


The city is now fighting back. In July the city council passed an ordinance allowing Oakland Police officers and California Highway Patrol personnel the power to impound the cars of the participants for up to thirty days. With the cost of impounding approximately $35 per day, this is an expensive proposition even before a court-levied fine, or an order for restitution for destruction of property.


Oakland Mayor Jerry Brown suggests that the front seat rider be arrested as well, and both driver and passenger be charged with conspiracy to commit reckless driving—a felony. (Jerry Brown, "Culture Crash", March 10, 2005). And according to KPIX News, "Police have a new DUI enforcement vehicle that allows them to process offenders on the spot."


Officers can also arrest those who gather to watch these events. Spectators could be fined $500 for their first offense, $750 for a second infraction and $1,000 for a third, which would also be a misdemeanor. Critics call the ordinance a violation of the right to lawful assembly. But these crowds only serve to cheer on what is an illegal and dangerous activity. Second, these crowds draw a roughneck element clearly bent on causing a disturbance. Beatings and shootings have occurred—including an incident where the police have been fired upon.


But there are not enough officers to effectively enforce the crackdown. And as is often the case, by the time the officers respond, the crowd has dissipated as the drivers move their vehicular rodeos elsewhere.


Some citizens have suggested that the problem could be abated by the city designating an open space for such events. Officers and on-site medical personnel would man the site, but this would put the brunt of liability on the city. Furthermore, the drivers are not professionals even in the loosest sense of the word, nor are they stunt people. Who would assume insurance liability in the event of the death of a bystander? Certainly not the city, who would have to answer to irate taxpayers? Imagine if a driver hit a telephone pole that some crafty lawyer says was, "built too close to the theater of activity" and a crippled or maimed driver then sued the city. And what insurance company would offer such automotive coverage?


I think the ordinance can be effective only if it has more bite, including: Doubling the fine for drivers operating their vehicles without a drivers’ license, or insurance; Charging drivers with contributing to the delinquency of a minor when they have a passenger under the age of eighteen, or a bystander under that age is present after hours.


Insurance companies can also raise the rates of drivers who commit the aforementioned infractions. Finally, Oakland can build a database of offenders and combine it with data from other municipalities.


So what are the participants to do, you ask?


The fact is, as currently devised these street shows present a risk to participants, the city of Oakland and local businesses that could be damaged. But if these youth are serious about their activity being mere entertainment, then let them seek funding from local businesses and lease open space to hold their events. Of course the arena would have to offer security, on-site medical personnel and staff to check drivers’ licenses and insurance forms. Second, all participants, including spectators would sign a waiver of liability. Third, drivers would have to perform solo and anyone involved in an accident of any sort would be banned from participating for at least ninety days and after receiving medical clearance.


Admission fees could be charged, as well as a fee for spectators. Refreshments could be sold, and who knows—the best drivers could even go on tour. (This sounds like a Vince McMahon joint). This might make it so the "circuit" eventually becomes self-sustaining.


So with apologies to R and B crooners Blue Magic, "Let the sideshow begin, hurry, hurry…"

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About the author: Timothy Stelly is the 46-year old author of "Tempest In The Stone" and the soon to be released, "The Malice of Cain". His third novel, "Darker Than Blue" is under consideration for publication. Mr. Stelly currently resides in Pittsburg, California with his three youngest children Dante, Kimberly and Lawrence. Excerpts from The first two books and the first two chapters of his anthology, "Frankenigga--And Other Urban Tales" can be viewed at:

stellbread0.tripod.com



Email: stellbread@sbcglobal.com


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