Busch finalizes injunction against Oakdale Mob
By Brent Begin and Julia Cheever, Bay City News
November 29, 2006
SAN FRANCISCO (BCN) - A San Francisco Superior Court judge
finalized the details of an injunction granted last
week that keeps members of the notorious street gang Oakdale
Mob from congregating in a four-block area of the Bayview-Hunters
The temporary injunction issued by Judge Peter Busch bars more
than 20 alleged members of the gang identified by city lawyers
from associating with one another, committing crimes or carrying
out so-called "nuisance'' activities in the area.
It will continue a temporary restraining order Busch granted
on Oct. 30 in a civil lawsuit filed by the office of City Attorney
Dennis Herrera under a state law prohibiting public nuisances.
The injunction was held up on certain provisions such as curfews.
A 10 p.m. curfew had been proposed in an earlier version but
in the final version only "nighttime loitering" is prohibited
between the hours of midnight and 5:30 a.m.
The final version also clears up the language of association
among gang Oakdale Mob members. They are specifically prohibited
from "standing, sitting, walking, driving, gathering or appearing,
anywhere in public view or anywhere accessible to the public."
The injunction makes exceptions only for when members are attending
class or school business, when they're at church, or when three
or less members are in public participating in an anti-drug, anti-violence,
anti-gang or charitable function.
Members are also specifically barred from recruiting any new
gang members or preventing old ones from leaving the gang.
City lawyers contend the gang's alleged criminal conduct, including
murders, drug dealing, shootings, carjackings, robberies and assaults,
as well as its intimidation of community residents and blocking
of the streets amounted to "a severe public nuisance'' under
the state law.
The use of a civil injunction against gang members under the
nuisance law was upheld by the California Supreme Court in 1997.
City attorney's office spokesman Matt Dorsey said that while
the procedure has been used in several Southern California cases,
this case marks the first time a preliminary injunction has been
issued in San Francisco.
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