injunction against “Hard Times”, a violent Garden Grove street gang

permanent injunction against “Hard Times”, a violent Garden Grove street gang. The injunction bans, among other things, two friends sitting on a park bench if they also happen to be active members of the gang, even if they have not been convicted of any crimes. John Anderson, Orange County Assistant District Attorney, said “Are there constitutional rights implicated? Of course, there are always constitutional rights implicated in any restraining order.”According to a statement released by the Orange County district Attorney’s Office, “A gang injunction is a civil order that restricts or prohibits documented gang members from participating in specific acts or activities that may not be inherently criminal. The terms are designed to curb intimidating or harassing behavior. If a member of an enjoined gang violates the terms, he or she will be arrested and face prosecution. The case may be prosecuted as a misdemeanor for disobeying a court order and the defendant will be placed on gang probation terms or be sent to jail for up to six months.”The gang injunction subjects all active, documented members to prohibitive terms including a restriction that prohibits any association between members of the gang. Association includes standing, sitting, walking, driving, bicycling, gathering, or appearing anywhere in public or public view with any known member of the gang (except while at school or in church).

Also banned is any use of gang hand signs or gang clothing. The injunction applies only to active participants in the Hard Times gang, whether they are wearing gang clothing or not. Thus, if a couple of guys are actively involved in the gang, but are not wearing any gang related items and have not engaged in any criminal activity, they would still be at risk of arrest and conviction, if they simply sat down on a park bench to talk.

The DA’s Anderson explained that the order is site specific and does not apply outside the so called “safety zone”. Three residential and commercial areas within the City of Garden Grove make up the "Safety Zone" and covers approximately 4.46 square miles. The Safety Zone is primarily located east of Newhope Street, west of the Santa Ana Flood Control Channel, south of Chapman Avenue, and north of West 1st Street. It also includes a neighborhood off Euclid Street at Palma Vista Avenue.
Anderson also explained that this injunction, or restraining order is the same legal device as a domestic violence restraining order, an order restricting public protest, or an order preventing striking workers from blocking the factory gates. Those activities might not normally be specifically identified as crimes, but they become crimes when prohibited by a court issued injunction. Thus, even though it normally would not be unlawful to exercise your rights of free speech using a megaphone in front of an abortion clinic, a judge’s order could make it so.
At www.OC180NEWS.com, we asked Anderson about legal protections to prevent harassment of somebody who is not a member of the gang. He told us that for the 49 individuals who were served with notice of the injunction, the DA’s office must have the normal criminal burden of proof—beyond a reasonable doubt—of active membership in the Hard Times gang. For those people, Anderson
Was confident they have that evidence.The identified gang members had the chance to contest the original issue of the order, which none of them did. Also, now that the order has been issued, they still have an opportunity to “opt out” which essentially means applying to the court to be excluded from the order. They can do this by convincing the court that they are not active members of Hard Times.While this might sound a little like guilty until proven innocent, Anderson Indicated it is the same with any other restraining order. If your spouse convinces a judge that you might attack your husband/wife, the judge could issue a restraining order to stay 1,000 feet away at all times, but you have the right to argue that in court.The “safety zone” is within the jurisdiction of the Garden Grove Police Department and they will be enforcing the injunction. If any of the known gang members engage in the banned activities, they will be subject to prosecution.As for the constitutional protection of individuals who are not documented gang members, Anderson said the police “would be as respectful of that individual’s constitutional rights as they would be for anybody.” Until a case gets into court, respect for a person’s constitutional rights is dispensed at the discretion of the police officers at the scene./But, once the association with the gang has been established, the constitutional protection of innocent until proven guilty appears to be compromised. Anderson said “It’s remarkable that some how people believe that gang members have more constitutional protection than people trying to earn an honest wage in a labor strike or people who are out doing political speeches. They’re not situated any differently than anyone else when it comes to an injunction. The California Supreme Court has found this to be a constitutionally permissible vehicle.”