PJLC Files Legal Challenge to OCDA's Gang Injunction Program

The Peace and Justice Law Center has filed a state appellate challenge to Orange County’s gang injunction practices, asking the court to reverse an order that placed a community member under a gang injunction without clear legal authority or basic constitutional protections.

Gang injunctions are civil court orders that limit where people can go, who they can spend time with, and everyday activities like being outside at night. These restrictions can last indefinitely and can be enforced even though the person has not been charged with, or convicted of, a crime.

In this case, the District Attorney added a person to a gang injunction nearly ten years after the injunction was first issued. PJLC’s appeal argues that the process used to do this violated basic due process because prosecutors could not point to any law that would allow them to place someone under an injunction this long after the injunction issued. Instead of identifying legal authority and following the rules of civil procedure, prosecutors relied on a procedure they simply made up themselves, leaving the affected person without a clear way to understand the rules, the burden of proof, or how to defend himself.

The appeal also raises questions about the purpose of gangs, whether they exist solely for criminal purposes or whether they are also about constitutionally protected socializing or other activities. When a group has lawful purposes, the Constitution requires proof that a person specifically intended to help with illegal activity before the government can punish them for association. The district attorney argued that the gang could be sued in civil instead of criminal court because it has both lawful and unlawful purposes but the trial court did not require a showing of intent to contribute to the gang's unlawful activities.

This appeal challenges whether Orange County can continue using gang injunction procedures that impose sweeping restrictions without clear legal standards or constitutional protections. The outcome will help determine what limits apply to these practices going forward.

PJLC will continue to challenge gang injunctions that restrict basic freedoms and harm community members without making communities safer.