Permanent injunction issued
against 22 alleged Oakdale Mob gang members
By Julia Cheever, Bay City News Service
March 15, 2007
SAN FRANCISCO (BCN) - A preliminary injunction restricting
the activities of 22 alleged gang members in a four-block area
of San Francisco was converted to a permanent injunction in Superior
No one appeared before San Francisco Superior Court Commissioner
Susan Kaplan this morning to contest the indefinite continuation
of a preliminary injunction issued in November against members
of the so-called Oakdale Mob.
The permanent order signed by Kaplan bars 22 alleged gang members
from associating with one another or carrying out crimes or nuisance
activities in a four-block safety zone around the Oakdale public
housing complex in the Bayview-Hunters Point neighborhood.
It continues the terms of a preliminary injunction issued by
Superior Court Judge Peter Busch on Nov. 29 in a civil lawsuit
filed by the city attorney's office. The suit was based on a state
law that prohibits nuisance activities.
City Attorney Dennis Herrera said, "I am extremely gratified
that Commissioner Kaplan agreed with our assessment that the only
way to eradicate the threat of violence posed by the Oakdale Mob
was to extend our civil injunction against them indefinitely."
Herrera said, "Since the injunction was put in place last
November, reports of positive change to the Bayview-Hunters Point
district have flooded into my office.
"Children are playing outside, people are walking their
dogs, and families are able to convene without the fear of being
terrorized by the nuisance activities in which the members of
the Oakdale Mob were engaged in this community," the city
The injunction can be enforced through either civil contempt
of court, with jail sentences of up to five days, or through prosecution
for a criminal misdemeanor, with jail sentences of up to six months.
All but one of the 22 people named live outside San Francisco
in areas including Fairfield, Vallejo and Daly City and allegedly
commuted into the city to conduct illegal business, Herrera said.
The city's lawsuit, filed in September, contended that alleged
drug dealing, murders, shootings, assaults, carjacking, robberies
and intimidation of community residents by gang members amounted
to "a severe public nuisance'' under the state law.
The use of a civil injunction against gang members under law
was upheld by the California Supreme Court in 1997.
Herrera said such injunctions have been successfully used in
Southern California and said he will work with police and the
district attorney's office to continue the program in San Francisco.
Damone Hale, a lawyer for alleged gang member Shanteak Harris,
said his client denies being a gang member and denies that there
even is an Oakdale gang.
But Hale said he advised his client not to contest the permanent
injunction because a full trial on the measure would have required
burdensome legal proceedings such as depositions.
"The risk to my client is of being badgered and harassed
through the process," Hale said.
The attorney said Busch made the injunction "livable and
workable" last fall through several provisions.
Among other items, a curfew that bans nighttime loitering runs
from midnight to 5:30 a.m. instead of beginning at 10 p.m. as
originally proposed by city lawyers, Hale said.
The attorney also cited exceptions to a provision that generally
prohibits the 22 individuals from appearing in public together
in the four-block area. The exceptions are for church and class
attendance and participation by three or fewer members in an anti-drug,
anti-violence, anti-gang or charitable function.
Other parts of the injunction bar the 22 defendants from selling
and possessing drugs, possessing guns, defacing property with
graffiti, intimidating witnesses, coercing others to join the
gang and trespassing on property not open to the general public,
including the Oakdale housing complex.
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