OPD Pushes Gang Ordinance

On Tuesday, February 9th, the Oakland Police Department urged the Public Safety Committee to approve a gang injunction policy. According to the report: "Civil gang injunctions are obtained against a gang whose activities constitute a public nuisance.The complaint is filed along with an application for a temporary restraining order and a preliminary injunction against the gang association.Upon obtaining the injunction, the City is required to serve it on individual gang members. Upon doing so, the served defendants are prohibited from doing the acts disallowed under the order within the safety zone. The injunction may also include the imposition of a curfew. If the order is violated the City can bring civil contempt proceedings or the District Attomey can bring criminal contempt proceedings."

There were nine public speakers, and all but one opposed such a policy, arguing that it would legitimize racial profiling and lead to civil rights abuses and an increase in law suits against the City.The City Attorney's Office argued that the burden of proof required to obtain court injunctions requires them to present 'clear and convincing evidence' that the individuals targeted are, indeed, gang members. For that reason, they argued, civil rights law suits and other legal challenges typically fail.

The Public Safety members, for the most part, seemed to want more proof that such measures have proven successful in the cities where they have been implemented, and also wanted to understand how such a policy fits into the new Police Chief's overall public safety strategy.


Audio courtesy of Indybay.

Created: 02-15-2010