Orange County Gang Injunction Suffers Major Defeat: ACLU
"Today's decision means that police and prosecutors can't impose special sets of rules on the people they decide are gang members, without providing a meaningful hearing as the Constitution requires," said Hector Villagra, executive director of the ACLU of Southern California, in a statement issued by his office in Los Angeles.
"Today's ruling re-affirms one of the bedrock principles of our system and our society: that before a individual's liberty is taken or restricted, the individual has a right to a hearing before a neutral decision-maker," added Joseph Ybarra of Munger, Tolles & Olson, LLP, the firm that joined the ACLU in the suit.
|District Attorney Tony Rackauckas suffered a major blow today in his gang injunction strategy, says the ACLU.|
The OCDA, which has secured gang injunctions throughout the county, and Orange PD originally sought one in February 2009 against more than 100 alleged members of the Orange Varrio Cypress street gang, and an Orange County Superior Court judge signed off on it.
That created a 3.78-square-mile "gang-free zone" for suspected Orange Varrio Cypress gang members within Orange, where those named in the injunction could face immediate arrest. Within that area was the town's historic downtown, City Hall, a public library, Chapman University and a large hospital, the ACLU noted.
When more than 60 people named as suspected gang members appeared or tried to appear in court to argue that they were not gang members, prosecutors dismissed them from the case and obtained the injunction by default only against the gang and those individuals who never appeared in court. It was a short-lived victory as the OCDA and Orange PD served a new injunction on the same people who'd been dismissed from the original case.
The ACLU and Tolles & Olson last year filed what would become known as Vasquez v. Rackaukas, which is named after plaintiff Manuel Vasquez (the other is Miguel Lara) and District Attorney Tony Rackauckas.
Not allowing the plaintiffs a chance to argue whether they were indeed gang members violated their Fourteenth Amendment rights to due process, ruled the judge, who ordered police and prosecutors not to enforce the injunction against the more than 60 suspected Orange Varrio Cypress street gang members.