Is Gang Injunction Too Broad?

Law Offices of William W. Bruzzo — Wed, 02 Mar 2011 21:06:00 GMT

A legal battle is under way over gang injunctions in Los Angeles. One attorney is taking the matter to federal court in a lawsuit against the broad terms of curfews imposed by the injunction. The argument is that the wording is too general and fails to specifically explain the aspects of the curfew. A past appellate court ruling decided that the term “outside” was too vague and more details were needed in order to define how someone would be in violation of the injunction. That ruling was ruled on an injunction for an Oxnard gang. The attorney for the current lawsuit, Olu Orange, states that because of the similarity in wording between the Oxnard injunction and 21 current LA injunctions, the latter injunctions violate a person’s due process rights. The injunctions serve as a method of limiting gang member’s activity. For example, known gang members are not allowed to carry weapons or socialize with each other. The curfew aspect of the injunctions bars a known gang member from being outside after 10 p.m. The case of a teenager being arrested for violating that curfew is what sparked the lawsuit. The teenager was included in the injunction because his older brother had links to known gang members. The younger brother does not belong to any gang according to the attorney. The boy was playing at the handball courts in the projects where he lives when he was arrested for violating curfew. See Penal Code Section 182.66.

Orange County Police Officials Set Out to Enforce Curfew for Minors

Law Offices of William W. Bruzzo — Mon, 23 Nov 2009 04:18:00 GMT

Last week in various cities in Orange County police officials set out to enforce curfew for minors 13 to 17 years old. A teenager can be out after curfew if they are with a parent, guardian or are otherwise exempted. The reason for the curfew is to curtail teenagers from being out after hours and participating in illegal activities. In particular it was intended to reduce gang activity and crimes by minors. The current sweep was conducted at 10p.m. or 11p.m. depending on the city’s ordinance. According to the Los Angeles Times, Orange County Edition “college-bound students, gang members, a 13-year-old on probation for kidnapping and more than one drunk[en] teenager” were some of those collected during the sweep. The teens were kept in a bus until their parents came to pick them up. The article adds that some parents were unaware that their children were out while others had been looking for their kids. An Orange County Deputy District Attorney and officials from the Orange County Probation Department met with the parents of the teenagers and showed them photos of victims killed late at night. Legal consequences were also discussed and counselors from Pepperdine University masters program in counseling were on hand to talk to parents and their kids.

Here is a news video provided by Garden Grove TV3

curfew - Law Offices of William W. Bruzzo

Is Gang Injunction Too Broad?

Orange County Police Officials Set Out to Enforce Curfew for Minors