Ventura County Star-January 30, 2005 (www.insidevc.com)
By Francisco Romero, January 30, 2005
Gang injunctions are "an intellectual substitute for
responsible public policy," according to Bernard Melekian,
Pasadena police chief. Here is why we oppose the civil gang
injunction
1. The Oxnard Police Department and Ventura County district
attorney did not involve the community in the development of
the gang injunction. The injunction is based solely on police
allegations, which are filled with speculation and hearsay.
Not one community member contributed to the development of
the injunction.
2. The due process and First Amendment civil rights of up to
1,300 alleged gang members have been unjustly stripped away
by the gang injunction, which limits freedom of speech,
association, the right to representation by a public
defender, the right to a jury trial, and the right to proof
of guilt beyond a reasonable doubt.
3. There is no public nuisance in Oxnard that can be
attributed to 1,300 unnamed defendants. The California
Supreme Court has ruled that an "injunction is not the proper
remedy to prevent a person from doing an act which he has
never undertaken or threatened to undertake." If people
commit crimes, they may be arrested and prosecuted, whether
they are alleged "Latino street gang" members or not. The
injunction, however, simply labels people "nuisances" and
arrests them for nonexistent crimes.
4. The district attorney and Oxnard Police Department have
stated that injunctions have led to a 5 percent to 10 percent
drop in violent crimes in other cities. This is an unproven
allegation, however, widely disputed by several researchers.
A more likely outcome is some displacement of crime to Oxnard
and other areas of Ventura County outside the injunction
area.
5. It has been widely stated by officials that gang
injunctions have been upheld by the California State Supreme
Court in the Acuna v. Gallo case. However, the Oxnard
injunction grossly exceeds limits established in that case.
Furthermore, the U.S. Supreme Court subsequently ruled
unconstitutional a similar loitering law that targeted Latino
and African-American gang members in Chicago and resulted in
40,000 illegal arrests.
6. The gang injunction is based on an obsolete and
ineffective punitive model of law enforcement. The United
States already incarcerates a higher percentage of its
population than any other country in the world. Most of those
prisoners are minorities. Incarceration will not solve the
problem of gang violence.
What is our alternative solution?
-- We must provide alternatives to gang life through
employment, job-skills training, education and substance-
abuse rehabilitation.
-- We must provide effective social services to families,
youth and young adults involved or affected by gang violence
through mentoring, drug and alcohol abuse counseling, mental-
health service, prenatal care, early childhood intervention,
etc.
-- We must launch a citywide, community-based movement to end
violence in our streets. Residents, city and county agencies
and officials, schools, churches, businesses and others must
become active agents of social change in our community to
make a long-term impact on violence.
-- We must learn from other communities that have
successfully addressed the problem by viewing violence as a
public health crisis.
-- We must defend the civil rights of all members of our
community. Join us today! Organizations endorsing
declarations in opposition to the civil injunction include
the American Civil Liberties Union, Ventura County; Citizens
for Peaceful Resolutions; Central Coast Alliance United for a
Sustainable Economy; Colonia Civil Rights Coalition;
Committee on Raza Rights; Dr. Rodolfo Acuna Gallery and
Cultural Center; Green Party of Ventura County; League of
United Latin American Citizens; South Oxnard Council; Latino
Task Force; Mexican American Bar Association; National
Association for the Advancement of Colored People, Ventura
County.
-- Francisco Romero is a member of the Oxnard Chiques
Community Coalition Organizing for Rights, Equity, Employment
and Education.
News Topics |
Home | Research |
History | Blood Gangs | Crip Gangs | People|
Life in a Gang |
Gallery | Iraqi Cards
|
Memorial |
Migration |
Graffiti | Resume| Injunctions
Homicides |
Maps |
California Prisons | Contact
Original Homies
Download Gang Articles
There's a better way to deal with gangs
Copyright © Streetgangs.com, All RIGHTS RESERVED. Disclaimer
All trademarks mentioned herein belong to their respective owners.