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Old Towne: Judge blocks ACLU bid to stall gang injunction
September 29th, 2009, 6:41 pm · 27 Comments · posted by EUGENE W. FIELDS, THE ORANGE COUNTY REGISTER
A federal judge in Los Angeles denied a motion Tuesday by the American Civil Liberties Union to temporarily block a gang injunction aimed at breaking up an Orange street gang.
The motion was related to a lawsuit filed on Sept. 23 to prevent the Orange Police Department and the Orange County District Attorney’s Office from enforcing the injunction.
The injunction, against the Orange Varrio Cypress gang, includes 44 specifically named individuals and more than 50 defendants who have had their names removed from the injunction.
ACLU lawyers dispute a contention by the District Attorney’s Office’s that the unnamed individuals can be prosecuted under the gang injunction.
In her ruling, U.S. District Judge Valerie Baker Fairbank wrote that the ACLU did not “make a sufficient showing in support” as to why she should grant the motion.
Fairbank set an Oct. 6 hearing for ACLU representatives to present more evidence.
“They did not get what they asked for today,” Assistant District Attorney John Anderson said. “They asked for a temporary restraining order, filed arguably their best shot and they lost.”
Said ACLU spokesman Gordon Smith, “We’re happy to provide the judge with more arguments. We look forward to making a persuasive case at that time.”
The injunction forbids those allegedly connected with the gang from associating with one another, intimidating others, carrying guns or dangerous weapons, blocking free passage, using gang hand signs, wearing gang-affiliated clothes, carrying burglary tools, acting as lookouts or breaking a 10 p.m. curfew even if they are adults.
The injunction is effective in a “safety zone” of 3.78 square miles that is in three chunks – two largely in Old Towne and a third in West Orange.
The gang injunction is the sixth in the county. Others were issued in Santa Ana, Anaheim, San Juan Capistrano, San Clemente and in Orange.
Related Old Towne stories
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Now can the OCDA file a cross complaint to recoup attorney costs, the same tactic of the ACLU?
that is the irritating issue in these cases the aclu and other parties who spin the magic litigation lottery wheel get their attorney fees paid when they win these civil rights and discrimination cases sometimes even if they get just one dollar in damages/verdict they can get all their attorney fees but the defendants who win dont get their attorney fees.
Keep up the good work Orange, these are bad guys, who shouldnt be allowed on the streets after sunset, as well as any of their “homies”
Imagine that. The ACLU trying to block a Gang Injunction, which gives you, me and Law Enforcement a tool to rid our streets, communities and nation of this Gang Scurge. More law abiding citizens should be up in arms regarding this plight by the ACLU. These people have nothing better to do thatn attempt to create hurdles for bettering the communities and nation, rather than helping it. Stand up and yell back at these fools America.
The injunction requires that these bangers act human.Thats a bad thing?The ACLU attorneys don’t have to live in this cesspool.Screw them.
Gangs are domestic terrorists. I’d like to see that smug, yuppie couple in the sleek new VW that looks like a Mercedes take a wrong turn and get caught up in a “Bonfire of the Vanities” situation.
And the gangs are these hypothetical “yuppies” fault because…? I think you should consider focusing on the problem rather than some little revenge fantasy.
absolutely ridiculous how these gang bangers think they have rights…did you forget that these people are urban terrorist walking around our neighborhoods stricking fear in good citizens who do their community good not bad like these punks. I just dont understand why people would want to even dress like gang bangers and be guilty by association…why would you want to look like people who kill people and a lot of the time kill innocent people? I think we should send in the armed forces and kill every one who even so much looks like a gang member and you watch this gang problem start to slow down real quick. If it looks like a duck, walks like a duck, and even sounds like a duck, then 99.9% of the time it is probably a duck. Gang bangers have no rights…now go pick up trash on the side of the freeway you punks!
I bet the ACLU is getting its funding from cartels.
Don’t contribute any thing to ACLU as they just support only the cases
that are geared to their personal interests, and destroy this good
country.
Do not give any money nor time, they are the waste of time, and
abuse the law for their advantage.
They do not fight for the poor, the under-privilege, but the people who do not belong to this society
Thank you Judge, than you so much. Now don’t get cornered & reverse your decision.
Thank you Orange! Please keep doing what you can to safeguard our community and stop the gangs. I wish the ACLU was as concerned about safeguarding good citizens as they are gang members, low lifes and other criminals!
Finally, a Judge that got one right. Thank you Judge Fairbank!!!!
ACLU…. GO TAKE A LONG WALK ON A SHORT PIER!!!!!!!
Thank goodness. This avoids another nightmare brought on by the ACLU.
Finally a judge stands up against these skumbags in the aclu.
Score one for the good guys.
Grunt41, I will fall out of this chair if the OCDA filed for attorneys fees against the ACLU and won, I would love to see it happen someday.
Good job judge!
Woohoo…I’m lovin’ my Orange. Thanks Judge, let’s hope it sticks.
The ACLU are made up of idiots. They do not proctect the civil liberties of Americans.
I am glad to see the judge kill this motion. The ACLU is a loser of an organization. I have no respect for anyone that wants to try to defend gang bangers and their families because of an injunction.
Here is an idea, little puppet if you want to see your homies and your family then dont join a gang.
Good one for civilized society! Thank you judge! Finally a judge who cares about the normal citizens. Now OCDA sue the ACLU.
Great job City of Orange and Judge Fairbank!
The ACLU is the next “ACORN”.
haha… take your thuggish behavior back to Santa Ana. they don’t seem to care much. or TJ
praise to judge fairbanks but beware….those clowns in the 9th circuit love the aclu and they live in the upscale neighborhoods in Pasadena
I don’t think most people know what ACLU really stands for. It really stands for ANTI CIVIL LIBERTIES UNION. It’s mail purpose is to deprive Americans of their civil liberties.