Gang Injunction Appeal Raises Scrutiny

Orange County Case Questions Branding People as Gang Members

Tracy Lehr, KEYT NewsChannel 3 Reporter, tracy@keyt.com
POSTED: 10:11 PM PST Nov 06, 2013    UPDATED: 08:49 AM PST Nov 07, 2013 
Santa Barbara, Calif. -

The American Civil Liberties Union filed a lawsuit over an Orange County gang injunction that named more than 60 people taken off a preliminary injunction list.

The 9th U.S. Circuit Court of Appeals did not overturn the injunction, but ruled it could not apply to dozens of people who were not given a chance to challenge claims naming them as members of a notorious gang.

The court also ruled the injunction should not limit everyday activities, like going to church.

Santa Barbara County's Assistant District Attorney Hilary Dozer read the full ruling and said it would not impact the proposed gang injunction in Santa Barbara.

Dozer said the local civil case is in its infancy and would head to court in March.

At that time, he said his office would have an obligation to prove those individuals served by the injunction papers are active gang members from the east or west sides of the city.

Critics have said the proposal casts too wide a net. They support the higher court's scrutiny.

The proposed injunction would prohibit those served with court papers from congregating in parks and other places in designated safety zones.

Some injunctions have curfews and prohibit gang colors and clothing.