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Old Towne: Judge denies ACLU’s attempt to block gang injunction
November 18th, 2009, 4:31 pm · 85 Comments · posted by Andrew Galvin
ACLU attorneys Hector Villagra and Belinda Escobosa Helzer.
A federal judge denied a request by the American Civil Liberties Union to block a gang injunction aimed at breaking up an Orange street gang.
U.S. District Judge Valerie Baker Fairbank denied the ACLU’s motion for a preliminary injunction, writing that the “relief sought is not appropriate.”
The ACLU filed its federal suit in September, challenging a gang injunction obtained in state court by the Orange County District Attorney’s Office as an “egregious abuse of government power.”
The state court injunction targets the Orange Varrio Cypress gang, prohibiting some 80 alleged members from associating with one other, wearing gang clothing or being out after 10 p.m.
Fairbank’s ruling “leaves us in a position where the residents of Orange are safer, because we can continue to enforce the gang injunction against the Orange Varrio Cypress gang, and we’re pleased about that,” said John Anderson, assistant district attorney for gang injunctions.
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.
Hector Villagra, an ACLU lawyer, said the motion was denied Tuesday on technical grounds and that the group would consider submitting a reworked request.
In its lawsuit, the ACLU says that dozens more people could be held to the terms of the injunction without having a chance to fight their case in court. It claims that the District Attorney’s Office prevented them from getting a fair hearing by dismissing them as named defendants in the injunction before they went to court.
At least 20 people whose names were initially removed from the injunction have since been notified that they are back on it, without a further court hearing, the ACLU says. That “dismiss-and-serve strategy,” the lawsuit claims, “has thoroughly subverted the judicial process” and denied people their right to challenge the allegations that landed them on the injunction.
In its bid for a preliminary injunction, the ACLU asked the federal court to block police from enforcing the injunction against more than 60 people who were named and then dismissed, until they get a judicial hearing.
In denying the proposed preliminary injunction, Fairbank wrote that it “appears unworkable as well as unclear, particularly as to the Defendants’ responsibilities, authority and obligations at the ‘judicial hearing.’”
“She didn’t necessarily say we weren’t entitled to a preliminary injunction, she said we weren’t entitled to the injunction that we wrote,” Villagra said.
The ACLU plans to proceed with the case to discovery and trial, he said.
Villagra said Fairbank’s ruling was in one sense a victory for the plaintiffs, in that the defendants, including the District Attorney’s Office and the Orange Police Department, had argued that the federal court didn’t have jurisdiction in the case.
“It’s our position, and it continues to be our position, that what they’re trying to do is appeal a state-court ruling,” said Anderson. “If you want to call that a victory, so be it. … They can claim victory right before they were defeated.”
The gang injunction is the sixth in the county. Others were issued in Santa Ana, Anaheim, San Juan Capistrano, San Clemente and in Orange.
Staff writers Eugene W. Fields and Doug Irving contributed to this report.
To read about other Old Towne stories:
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YAHOO! They finally get one anded back to them! LOOOOOSERS……
orange p.d is wrong give them some freedom!!
YEAHHHHH!! ACLU!!! keep doing whats right! not all these people are criminals orange p.d is racial profiling!!!!
ur a loooooossssssssseeeeeeeeerrrrrrrrrr!!!! you cant even spell!!! haha “anded” hahah loserrr!!
oops…”handed”
Good. They finally lost one. Instead of fighting a gang injunction whose purpose is to keep the community safe and keep the kids from murdering one another, these ACLU clowns should be meeting with the members of the neighborhoods and urge them not sire offspring that they can’t afford and can’t control. How’s that for a concept?? It’s called social consideration and civility. Put that in your legal brief and smoke it!
The ACLU is a joke.
Ah! It’s a THANKSGIVING MIRACLE!
They should have never gone after this one…but what can you do? We’re dealing with one of the most liberal groups of yahoo’s on the planet.
I had an epiphany! I actually enjoyed and agreed whole-heartedly with ocobserver’s post. Well said!
Thank you Judge Fairbank. There is absolutely no reason these homie’s need to be hanging out looking for victims after 10:00 pm.
Bummer, ACLU now you will have to go back to making sure no fallen soldier has a cross on his grave. Or trying again for child pornography to be legalized.
I’m sure your evil selves can come up with something
The ACLU is going to get turned down no matter how many times they rewrite the injunction.
They really need to change their name, nothing about them is American any longer.
Hadn’t you heard…ACLU really stands for Anti-American Criminal Liberties Union.
Nothing about them is American; nothing about them stands for the rights of law-abiding citizens; they are more interested in removing the liberties of law-abiding citizens and giving them to criminals, illegals, and those in society that are a waste of oxygen. Didn’t the “U” in USSR also stand for “Union”? Hmmm!
racist!!!! racial profiling!!!!
Sometimes I agree with the ACLU, sometimes I don’t. This time I don’t. I think all gang members should be legally treated as domestic terrorists – that is what they are. We need a renewal of the “Untouchables” to put these maggots where they belong.
95% of the time anyway.
alterego58
Good post. Gangs are out of control in this country. Law enforcement needs help. I hope this legal action will help.
HA HA HA!
A C L LOSERS!!!
Forgot to say, look at the picture up there of these two losers. Don’t they look happy? Bet they can’t sleep at night doing what they do. They look absolutely miserable. What’s wrong you two couldn’t get jobs at McDonalds so you have to do this garbage?
I am disappointed but I’m also realistic enough realize that the ACLU doesn’t win ‘em all.I’m a member and sometimes I don’t agree with them.
mensarino: That doesn’t surprise anyone.
American Communist Labor Union
Or: American Communist Liberal Union
Ought to be an injunction against the ACLU. It seems that in this particular case it is Hispanics helping Hispanics. I am surprised the ACLU hasn’t filed for the return of California to Mexico!
I can’ believe how mess up the ACLU has become, when was the last time they did anything to really help the community.
Awesome News!! All we need is another “Sanctuary City”!!
Yea, F the ACLU, give the plutocracy all your civil rights. Work harder and longer for less money while you stuff your faces and buy more junk from Walmart.
aclu isnt promoting gangs. yet looking out for the rights of citizens of our state. putting people on a list because they have hung out with and grown u with gang members is wrong. it gives the wrong messgae to our youth.
it makes regular kids who have same dreams and aspirations as other youth become of accused of no criminal act.
what are we living in a time that says your a criminal cause we think your gonna be one.
give me a break.
I agree, you need to take a break because you obviously have no idea what it takes to be put on an injunction, so let me help you out.
First, individuals aren’t just “put” on an injunction because cops think they’ll become gang members. There has to be documentation, in most cases, a large amount of documentation. Many of these individuals have been convicted of crimes or pled to crimes that are gang related. Unfortunately, the ACLU doesn’t bother to waste your time with those little facts.
Second, a judge reviews all the documentation, and then and only then considers granting a preliminary injunction, at which time those individuals can come to court and dispute the “EVIDENCE”.
Finally, after they typically do not show up, or can not dispute the evidence, is the permanent injunction granted.
These are not poor innocent little kids; these are DOMESTIC TERRORISTS, and the injunction is another tool to try to take the community back from those that would destroy it.
The ultimate goal of an injunction is to change bad behavior and hold those individuals who continue to have no regard for the rest of our rights, accountable for their actions. Afterall, if they didn’t act like terrorists, there would never be a need for injunctions.
American Civil Liberals Union.
Only they would stand up for gang members who would kill at a blink of an eye.
If you read the article, the Judge did not through out the case. The case will remain in Federal Court.
actually, you forgot about ACORN too haha
it’s about damn time! This little half-Hispanic chicky is SO tired of the ACLU protecting the wrong people. Thank you, Mr. Judge for making the right decision!!
Every post is against them and their liberal agenda. Who are they fighting for? Maybe they are too blind to see it themselves but they are fighting against the America they are saying that they are fighting for. Why do they always protect evil.
They are corrupt just like ACORN, SEIU, LA RAZA, etc and they ALL need to be investigated for funds misappropriations, embezzelment and racketeering!!!!!!!!!!
It’s should be the AACLU the anti american civil liberties union. Just another liberal anti american propaganda machine.
The ACLU loses, YAY. One for the good guys.
I have ZERO tolerance for “gang” violence and illegal activities.
Now that I’ve clarified that, I hear many of you shouting yes, good news. But will it still be good news when a motorcycle enthusiast is handed an injunction solely because they ride a harley? What about an injunction against your labor union or your church members for whatever reason they want to cite in the interest of “public safety?” It’s a slippery slope downhill. I understand the constitution does not protect people from congregating for solely illegal aims, but a generalized and outright no loitering law reads a lot better to me than singling out individuals and revoking their rights without due process.
I consider myself a pretty conservative person. But I would rather tolerate a situation and deal with it by other means than jeopardize any of my own constitutional rights as a result of a kneejerk reaction to an obviously frustrating problem.
Some cities outlawed “crusing” in the 60′s, which was fine until you couldn’t find the address you were looking for in a no cruising zone.
It always sounds like a good idea until the day it backfires and you too get cast in that net. No thank you….
I have yet to hear of any gang injunction, and there have been many,
that had a negative impact on the communities where they were inforced. As a previous poster stated, it takes a lot to get each individual on the injunction list.
If they think the injunction is so wrong, why don’t they move into those areas?
very interesting article.
http://www.stoptheaclu.com/2008/02/28/aclu-refuses-to-meet-with-day-laborers/
Villagra and Helzer trying to lend a helping hand to illegal thugs who terrorize innocent citizens……poetic justice would have had the Judge ordered these two idiots to house the gang members in their own homes.
We the people are sick and tired of imbeciles at the ACLU …nice to see that this time around, the Courts agree with us.
Good call Judge Fairbanks! These OVC creeps are a constant pain, and it’s great that those of us in law enforcement have a powerful tool to enforce restrictions on gang members.
Hey, I am with Probation and I see (and put up with) these punks every day, but I do have one issue that I agree with the ACLU on. I think the injunction is a wonderful thing, but do agree that the outlying people (you know, a friend of some banger’s cousin type who doesn’t actually cause trouble or represent the gang) that are not members or associates of the gang should have a legal chance to appeal being named in the injunction (my sense of fairness/ right to appeal is a little bothered). These should be allowed to be reviewed on a case-by-case basis with the burden of proof being on the appellant party to PROVE that they have ABSOLUTELY NO reason to be on the injunction. It sounds like the court is being a little too narrow on this issue, if I’ve followed the story correctly.
Other than that, shame on the ACLU for trying to facilitate the continued operation of a criminal, street-terrorist organization. The sooner that the Police, Probation, District Attorney, and Courts can break up the Orange Varrio Cypress and Orange County Criminals gangs, the better.
Besides, how much respect can you give a gang if they can’t even spell their own name right? Hey OVC- the word is “Barrio,” not Varrio….
This is a joke.
I live near there. I’ve never once seen a gang member. Cypress street is being slowly taken over by Chapman college students.
THERE IS NO GANG PROBLEM THERE.
That gang injunction is nothing more than a useless law to restrict people’s freedom.
http://www.cityoforange.org/localhistory/CypressStreetBarrio/
Lucifer’s Flowers (name says it all) I work and live in OLD TOWNE and have seen gangs many many times in the evening. I work close to Cypress Street and trust me, the scum bag gang bangers ARE there! We have had to have our windows replaced several times from “etching” gang signs into them, not to mention all the paint we have had to get to cover these punks griaffiti! You must be one of them or you eyes are closed! Right now alot of them are hiding under rocks because they are being watched closely! WAKE UP “LUCIFER”
You sound like the type of person that can’t tell the different between a “Hispanic American” and “A Hispanic Gang member”.
If you they look Mexican, you assume they’re in a gang.
I can tell the difference.
Also, you sound like you are paranoid.
You guys need to realize that they are not standing up for gang members, but that something like this should not be done this way. Just being able to put your name on a list without due process to restrict your rights is wrong, gang member or not. And that if you are on the list, but not a gang member, it shows that you are out of options. They are not standing up for gang members, they are standing up for those who are not but on that list and have no other recourse.
The ACLU is the reason we are in trouble in this country today they are a bunch of nimrods anti-american they should all be used as backboards at target ranges ,glad they lost.bunch of losers the ACLU..haa haaaaaa.the only people they fight for is the illegals to stay..we need to boot this group of ACLU out of the usa. they are a wortless group of rebelrousers..as most of us true americans know.right up there with Al sharpington and Jesse jackson all from the same mold…losers !!!
ACLU members need to have some of their loved ones killed by gang members. Wake up and stop protecting criminals.
Ese, It’s not fair to pick on us homeboys. We have the right to do crime if no one gives us money. Odelay, Flaca has a wet one.
It showed that ACLU supports violent crimes, gang members, murders
and you continue to give them money and support them.
They should be outlawed, and thrown out for their ridiculous actions
to support gang members to kill and harm others.
Hence, murders, rapists, gang members, you should contribute to
ACLU, and take over their offices to legalize your criminal activities !
ACLU does not help any innocent person on the civil right basis,
they tend to support the criminal activities. Try to go to ACLU when
you have the problem and see how they reject your case if you are
an innocent victim ! I was there before and knew how they failed
to react when I was an innocent victim !
The ACLU as a group always see the down trodden as victims who need them to continue their criminal behavior. The ACLU believes that all criminals have a right to be destructive, violent, and anti social low life because it written somewhere in the constitution. Don’t know where in the constitution but it has to be somewhere. This is also the same group who sued the City of New York when they decided to search back packs in the New York Subways after 911. They sued even though the ACLU had a sign at the entrance of their own offices in New York declaring that visitors back packs were subject to searches before entering the ACLU office. Gutless fools
Ah nice to wake to good news.
Just re name them to CCLU. Criminal Civial Liberties Union.
That’s it- Blame the ACLU, give up all your rights, submit to the plutocracy. Keep voting against yourselves and cheering the erosion of America.
Give up a little liberty to get rid of terrorists and parasites. Yep I’m O.K. with that.
Dina:
“Give up a little liberty to get rid of terrorists and parasites. Yep I’m O.K. with that”
“Good intentions will always be pleaded for every assumption for authority. It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters.”
-Daniel Webster
Hey JFW I was born and raised in Orange. When I was a kid in the 60′s the only gang in Orange was the Modena’s from the El Modena Barrio. Santa Ana had F-troop, thirteen st. gang and a couple of small time groups of wanta-a-bees. That was pretty much it. Now look at them.
I have lived in gang infested areas. I have close friends throughout my childhood that have been involved in gangs. One of my friends throughout Elementary, Middle School and my first year of High School ended up going to prison at the ripe age of 17 for first degree murder all because of his gang affiliation, oh and it was him and a couple of his cousins that committed the crime. Don’t think for a minute that the family, and extended family don’t know exactly who is a gang member.
Gangs are a cancer on society. They are no different then War Lords in third world countries. The only difference is we as a civilized society insert checks and balances known as laws of which we enforce. Unfortunately groups like the ACLU take those checks and balances and twist them in court to make the offender look like the victim.
You take away those checks and balances and you might as well live in Solmalia.
I lived in “OVC turf” ’78-’83 (Almond/Lemon) and somehow survived. I worked in OC Juvenile Hall and other Probation Dept sites and somehow survived. The Constitution of the United States of America has weathered worse than these transgressions and survived.
It’s easy to sit there and mf the ACLU, but
if you’re really interested in “justice,” why not put that Big Mac down and go lead a battle against the GANGS on Wall Street and Washington D.C. who have brought our Republic to ruin.
Oh, I forgot- you have to watch Survivor or Oprah. Have a nice day.
JFW wrote: “you’re really interested in “justice,” why not put that Big Mac down and go lead a battle against the GANGS on Wall Street and Washington D.C”
Ahhh, because I can’t remember the last time a bunch Wall Street Suits jumped into there Maybach and drove up and down the streets of Manhattan robbing liquor stores or doing drive by’s.
So let’s see, you worked in Juvenile Hall and other facilities. That made you a probation “Counselor” correct. Probation doesn’t give the title of probation officer to someone, until they actually go out and supervise wards. Unfortunately, my experiences (and there have been many) with counselors, is that until they get out into the real world, they take a position that their job is to coddle the poor children. I have had probation counselors tell kids not to write certain things in their letters, or say certain things while they are being monitored, because the Police might use it against them. In one case, they put a homicide case in peril trying to protect the “child”, rather than thinking about the victims.
Oh, by the way, gangs have changed. They never used to prey on their own the way they do now. Their was a different mindset back then that is rarely seen today.
Clap, Clap, Clap.
If you have been following this story for the last year and a half the whole contention of the ACLU’s involvement is the so called family members, cousins, etc… that stated that they were not in a gang. However there association by the OCPD to the gang was that Jose there third cousin twice removed was a gang member they were then targeted as gang members. Oh and don’t forget the claim that they never ever knew Jose was a gang banger. Pathetic Reasoning.
Funny how every gang documentary that has been on T.V. in the last twenty years portrays the deep family evolvement of gangs through multiple generations.
I hope the ACLU pursues this over and over and over, each time getting shut down. Then finally, maybe the rest of America will realize how Anti American this group is.
All give a 110-1 odds that you could not get Hector Villagra and Belinda Escobosa Helzer to live in the Orange Vario Cypress Gang territory for a six months.
This gang injunction will really help keep the bald Mexicans in at night. The ACLU must be run by Mexicans or they wouldn’t think it was such a good idea to have these 5’4″ bald, violent, self-serving punks running around.
HA HA HA HA HA HA HA HA HA HA …..Deep breath in……. HA HA HA HA HA HA HA…. Take that ACFU
THANK YOU!!!!!!! ACLU SUCKS AND SO DO ALL THESE GANG BANGER TERRIORESTS!
the ACLU is just a bunch of communists
Why does the ACLU support violence and terrorism?
Why does the ACLU protect the bad at the expense of the good. Like Mr,
No Spin said have the lawyers live in the gang injunction area and see
what they are protecting is a good cause. These misguided lawyers
adds to the bad reputation that they already have.
Good something good in life and help the average law abiding citizens who are victims of these criminals. OPEN YOUR EYES.
Why does the ACLU protect the bad at the expense of the good. Like Mr,
No Spin said have the lawyers live in the gang injunction area and see
what they are protecting is a good cause. These misguided lawyers
adds to the bad reputation that they already have.
Good something good in life and help the average law abiding citizens who are victims of these criminals. OPEN YOUR EYES.
These lawyers should go down into Mexico and help those victims killed by the drug problems.
Hooray!!!! Thank you, Judge. My son and grandbaby live in that area, in a nice complex on LaVeta, but in the area nonetheless. My daughter-in-law has two teenage sons who don’t need this kind of influence and/or danger around them. For once, the court made a good, good ruling. No rights to members of illegal street terrorism gangs.
Hey ACLU, suck that one up!
The ACLU is more concerned with protecting criminals than law abiding citizens. Maybe I’ll support the ACLU when it defends our 2nd Amendment Constitutional Right to bear arms.
The ACLU is just a tool for the ultra-liberals…they had a vision back in the 60s…boy oh boy have they come off the tracks….totally anti-American!!!
“Good intentions will always be pleaded for every assumption for authority. It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters.”
-Daniel Webster
Whenever the ACLU loses (99.9999% of the time), we all WIN. Thank you U.S. District Judge Valerie Baker Fairbank! Good Job!!!!!! Please keep up the good work in keeping an eye on this corrupt/misguided organization. Thank you Asst. D.A. John Anderson and Station 33 for your work.
Finally…… HEY HECTOR, why don’t you get a REAL job in helping out the community. I know…. Farrell’s may still be hiring. Go and apply, work hard and maybe someday, you’ll be promoted to Ice Cream Scooper 3rd Class. Go now Hector and take Belinda with you!!!!!!!
These idiots ought to be forced to pay for all legal costs associated with suits they bring and lose. They expect the same from those they sue, so turn around would be fair play. I bet that would put a stop to some of these frivolous suits.
Oh by the way, those who are interested should look to see where they get some of their money. Can you say “From the taxes we pay”. Yep, that’s right. Follow the money!
I wish the Register would do some investigating into that and report it. But that might force the ACLU to become an impotent organization.
The ACLU has these huge fundraisers under the guise of fairness and caring to the underdog, but don’t be fooled! They have deep pockets and plan themselves all over the country and pick these small town battles to irradicate all the this country is founded on. You will find them more recently in small towns trying to undermine all Christianity and secularize Christmas and any thing, group, or persons who may want to pray. I am sure there are good people who have been duped into believing this is good American in action, but in fact these are wolves in sheeps clothing. Beware! Don’t donate to them, pick groups who have lasting value for good.
“Those who expect to reap the blessings of freedom must, like men, undergo the fatigue of supporting it.” -Thomas Paine
“Mankind is divided into rich and poor, into property owners and exploited; and to abstract oneself from this fundamental division; and from the antagonism between poor and rich means abstracting oneself from fundamental facts.” -Joseph Stalin
..and JFW’s ideology.
Huh? I’m a capitalist, Stalin was a communist. Are you a communist like him??
Talk of Plutcracy just screams Capitalist….? The wealthiest exploitations of the masses…sounds Marxist to me. I question your beliefs. Or maybe you’re just a Liberal.
One can be a capitalist (like me) and still believe that the country has devolved into a plutocracy (rule by the wealthy). Now run along and consume what you are told to.
A big thanks to attorneys Villagra and Helzer. Even though you lost this round, there’s still a long way to go in the action. If the comments here are representative of the public in 2009, I guess my question is- Why do you bother? Maybe let these yahoos live under a form of Stalinism for a couple of generations, then go back to the Constitution.
All these vets and no gang hunting licenses issued? Can’t you just add a sticker for the terrorist hunting license? Come on? I’ll pay the $100.00 fee! No tags no limits! Good in Mexico too!
JFW,
Your hypocrisy is baffling…A so called capitalist telling someone to run along and consume what is being sold.
You are correct, the country has devolved from the days when our “poor” founding fathers drafted the Constitutions. From the day’s when the poor ruled the land and the wealthy aspired to be bankrupt. The American dream, to be poor. (sarcasm).
On behalf of the overwhelming majority, I’d like to thank Judge Fairbanks for ruling on the side of public safety. I’m not sure why anyone in their right mind would find a fight on the behalf of localized terrorist so admirable. Injunctions, like restraining orders, are sometimes necessary to keep innocent men, women and children safe. I think our founding fathers would agree.
LOUIS BRANDEIS (Supreme Court Justice):
“Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty.” (Whitney v. California, 1927)
“Experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well meaning but without understanding.” (Olmstead v. United States, 1928)
First, Louis Brandeis was a great attorney, Justice and man and deserves his place in history as one of our country’s most influential to serve on the Supreme Court. With that said, I don’t see the correlation between the current injunctions and the two referenced cases.
Whitney was a communist (I see why you relate to her) and her case was a question of free speech and the discussion of political change without fear. A gang banger is not open to discussion or debate yet is deviant and dangerous. (Clear and Present Danger Test). A neighborhood terrorist is a truly dangerous expression and it’s nature is clear.
Olmstead’s case was a right to privacy question…if the gangs want to congregate in private and out of public view. So be it. Maybe they can have reading parties. If they did this, the injunctions would not be necessary.