Civil Rights Advocates Ask U.S. Supreme Court To Hear Case on Civil Anti-Gang Injunctions


For Immediate Release: May 1, 1997

SAN FRANCISCO -- Civil rights advocates have filed a petition for a writ of certiorari with the U.S. Supreme Court seeking review of the California Supreme Court’s January 30 decision in People ex rel. Gallo v. Acuna, which upheld a preliminary injunction -- based on public nuisance law -- against young Latinos who the City of San Jose branded as gang members.

The petition charges that the injunction prohibits the so-called gang members from constitutionally protected freedoms of expression, association and lawful conduct such as being seen in public with another "known gang member."

Additionally, the petition contends that the City unlawfully named individuals in the injunction on the basis of alleged gang membership because it was not required to show that they have actually engaged in or are likely to engage in any criminal conduct.

In 1993, the City of San Jose identified over thirty young Latinos as gang members and obtained the preliminary injunction against them via a civil suit, prohibiting those declared gang members from protections ensured in a criminal proceeding such as the right to an appointed attorney, a jury trial or criminal justice standards of proof. Those who violate the injunction face up to six months in jail or a $1,000 fine.

The petitioners are represented by ACLU-NC staff attorney Ed Chen; Public Interest Law Firm attorneys Amanda Wilson; and Sara Campos of the Lawyers Committee for Civil Rights.