Disturbed by increasing gang violence, Los Angeles and other cities are fighting back -- with lawsuits. L.A. City Attorney Rocky Delgadillo is using injunctions and restraining orders to keep gangs from terrorizing city neighborhoods. He's not alone in using the new crime-fighting legal tactic. California law enforcement officials, including those in Rialto, San Clemente, San Francisco, San Jose and Orange, have filed more than a dozen gang injunctions so far this year.
With gang activity increasing across the country, other states are following California's lead. Florida recently passed a law allowing for civil injunctions against gangs. Similar laws have been passed by cities in Illinois, Texas and Minnesota and bills are pending in Massachusetts and Hawaii. According to the FBI, nationwide gang complaints increased 26% from 2002 to 2007 and arrests increased 18%.
"Injunctions (provide) the power to keep gangs from gathering and holding meeting," explained Florida Attorney General Bill McCollum. Cities are using injunctions and restraining orders to prevent gangs from meeting, congregating or talking to each other on public property. They can be used to establish curfews and prohibit the wearing gang apparel or flashing of gang signs in safety zones.
Since the 1980s, L.A. has used gang injunctions to deter gang violence. Bruce Riordan, L.A. director of gang operations, said the city now has 40 injunctions in place to corral nearly 60 gangs. The practice was upheld by the California Supreme Court in 1997. Riordan says the use of injunctions has decreased gang crime in L.A. by 25% to 33%. Orange County D.A. Susan Schroeder said injunctions have cut gang crime in San Clemente and San Juan Capistrano by 33% and 85%, respectively.
Critics say the injunctions place unfair prohibitions on lawful activity. "It criminalizes ordinary daily activity," said Peter Bibring of the American Civil Liberties Union of Southern California. "It places a huge burden on the basic freedom to live and engage in ordinary life."
Former Barrio Dream Homes gang member Javier Pinuelas of Cathedral City, California, said he served his time and cleaned up his life after a 2004 conviction. Now a law-abiding construction worker, he said a gang injunction interferes with his ability to work. He's trying to have his name removed from the injunction. "If I am talking to another guy who they say is a gang member, that's not allowed," Pinuelas said. "I don't want to get arrested for some guy walking up to me and saying, 'Hi.'"
"Taking legal action against a person for something they might do is the first step on a slippery slope," admitted Jake Wark of the Suffolk County, Massachusetts District Attorney's office. If you are unfairly targeted by a gang injunction or restraining order, contact an experienced criminal defense attorney.
