On June 2, Superior Court Judge Freedman ordered an injunction to disrupt the operations of a violent criminal enterprise responsible for dozens of shootings, robberies and other major crimes in North Oakland in recent years.
The injunction is based on the demands of many residents and merchants in the area. It is sharply focused on stopping the violence in our community while giving those responsible an opportunity to leave the criminal life.
Read the judge's order
Response to objections from the ACLU & Defendant Young
An injunction is similar to a restraining order. It is designed to restrict the criminal organization's ability to plan and commit more crimes within an area called a Safety Zone.
The City sought an injunction against the North Side Oakland crime organization because of the severe and increasing violence associated with its members. In 2007, there were three NSO-related incidents involving murder, shooting or gun possession. In 2008, that number rose to seven incidents. In 2009 that escalated to 18 incidents, including seven murders.
Members of this criminal enterprise have "terrorized our community, intimidated witnesses and recruited children to their criminal enterprise,” City Attorney John Russo said. “They are part of a malevolent force that has crippled our city for decades and continues to hold Oakland back today.”
The injunction will only apply to adults. It will initially apply to 15 NSO members based on their records of criminal and nuisance activity, including convictions for armed robbery, felony drunk driving, drug sales, carjacking, grand theft, domestic battery and other major crimes. One has a pending case for assault with a deadly weapon and threatening a witness not to testify. All evidence is filed with the court and open to the public.
Restrictions include:
- Do not associate with other enjoined gang members in public (see proposed order for exceptions).
- Do no confront, intimidate or assault witnesses.
- Do not possess firearms or dangerous weapons.
- Stay away from drugs.
- No trespassing.
- No gang recruitment.
- Follow time restrictions.
A violation of the injunction is considered contempt of court – punishable by up to six months in jail and up to a $1,000 fine.
Facts: This injunction is narrowly tailored to protect the community's right to peace and safety, while only restricting those who are deeply involved in dangerous activity. It will not prevent anyone from attending school, work or religious activities. It will not at any time prevent anyone from seeking medical care for themselves or their children.
All individuals covered by an injunction have due process rights – anyone added to the injunction will have the opportunity to argue their case in court, and they will only be included with approval from a judge. The burden of proof is on the City to show that these individuals are in fact active gang members based on extensive evidence of criminal/nuisance conduct. This conclusively precludes profiling.
Anyone on the list who is no longer associated with the gang will be able to go through an “opt-out” process to be removed. Gang injunctions were upheld as constitutional by the CA Supreme Court in the 1997.
In the News:
Oakland gang injunction is a chance to save lives Open Forum in the SF Chronicle May 26
En Español: El mandato judicial antipandillas en Oakland es una oportunidad para salvar vidas
Why I support the Oakland gang injunction Oakland North May 26
Gang injunction is a tool worth trying in Oakland Oakland Tribune/Contra Costa Times editorial May 25
Oakland gang injunction needed to curb violence Chip Johnson in the SF Chronicle May 11
Matier & Ross May 10
Must be careful with Oakland's gang injunction Byron Williams in the Oakland Tribune April 25
KPFA Morning Show April 21
Viewpoint: Are gang injunctions worth the cost? American City & County April 14
Oakland gang injunction on KQED Forum February 23
Oakland asks court to OK squeeze on gang members SF Chronicle February 19
Gang crackdown underway in North Oakland ABC7 February 18
Research:
Can a civil gang injunction change a community? Maxson, Hennigan & Sloane 2005
Los Angeles County Grand Jury report on civil gang injunctions 2004
The effects of civil gang injunctions on reported violent crime Grogger 2002
More info:
Judge orders injunction against North Side Oakland gang June 3, 2010
Injunction Fact Sheet
Response to letter from the Paul Robeson Chapter of the ACLU of Northern CA May 20, 2010
Letter from Paul Robeson Chapter
Letter from Haddad & Sherwin, attorneys for defendant Young |
