Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Public Safety topic
No spam. Unsubscribe anytime.
Council directs city attorney to draft ordinance targeting online solicitation of illegal street races, after legal caveats
Summary
Council asked the city attorney to draft ordinance language that would prohibit intentionally soliciting, inducing or facilitating illegal street races or sideshows, while exempting authorized news gathering; attorneys warned the language must be narrowly tailored to avoid First Amendment problems flagged by a federal appeals court.
Councilmembers directed the city attorney on Nov. 18 to draft ordinance language aimed at curbing the online solicitation and facilitation of illegal street races and sideshows.
Councilmember Rick Soady framed the proposal as a public‑safety measure aimed at those who organize and promote dangerous street takeovers via social media or messaging. "If you organize, promote, or advertise... you should face consequences," he said.
Deputy City Attorney Eliezer Benjuel cautioned that a recent Ninth Circuit decision (Garcia v. Alameda County) raised First Amendment concerns for broadly prohibiting attendance or mere recording and urged narrowly tailored language focused on intentional solicitation and facilitation of crimes, with an express exemption for bona fide newsgathering. "The practical effect...is that as currently written, the ordinance cannot be enforced because of the fact that we don't have any sort of an exception," the deputy city attorney said, recommending an exception for legitimate news gathering and targeting language at intentional facilitation.
Council amended the motion to reflect the attorney’s recommendations — exempt authorized news representatives and prohibit individuals from intentionally soliciting, inducing or facilitating illegal street races and sideshows — and voted to instruct the city attorney to draft ordinance language. The motion carried.
What's next: the city attorney will prepare ordinance text that addresses legal limits identified by appellate court precedent and return it to council for consideration.
