FORT WORTH, Texas – Fed up with deadly drive-by shootings, incessant drug dealing and graffiti, cities nationwide are trying a different tactic to combat gangs: They’re suing them.
Fort Worth and San Francisco are among the latest to file lawsuits against gang members, asking courts for injunctions barring them from hanging out together on street corners, in cars or anywhere else in certain areas.
The injunctions are aimed at disrupting gang activity before it can escalate. They also give police legal reasons to stop and question gang members, who often are found with drugs or weapons, authorities said. In some cases, they don’t allow gang members to even talk to people passing in cars or to carry spray paint.
“It is another tool,” said Kevin Rousseau, a Tarrant County assistant prosecutor in Fort Worth, which recently filed its first civil injunction against a gang. “This is more of a proactive approach.”
But critics say such lawsuits go too far, limiting otherwise lawful activities and unfairly targeting minority youth.
“If you’re barring people from talking in the streets, it’s difficult to tell if they’re gang members or if they’re people discussing issues,” said Peter Bibring, an attorney with the American Civil Liberties Union of Southern California. “And it’s all the more troubling because it doesn’t seem to be effective.”
Civil injunctions were first filed against gang members in the 1980s in the Los Angeles area, a breeding ground for gangs including some of the country’s most notorious, such as the Crips and 18th Street.
Los Angeles now has 33 permanent injunctions involving 50 gangs, and studies have shown they do reduce crime, said Jonathan Diamond, a spokesman for the Los Angeles City Attorney’s Office.
The injunctions prohibit gang members from associating with each other, carrying weapons, possessing drugs, committing crimes and displaying gang symbols in a safety zone – neighborhoods where suspected gang members live and are most active.
Some injunctions set curfews for members and ban them from possessing alcohol in public areas, even if they’re of legal drinking age.
Those who disobey the order face a misdemeanor charge and up to a year in jail. Prosecutors say the possibility of a jail stay – however short – is a strong deterrent, even for gang members who’ve already served hard time for other crimes.
“Seven months in jail is a big penalty for sitting on the front porch or riding in the car with your gang buddies,” said Kinley Hegglund, senior assistant city attorney for Wichita Falls.
Last summer, Wichita Falls sued 15 members of the Varrio Carnales gang after escalating violence with a rival gang, including about 50 drive-by shootings in less than a year in that North Texas city of 100,000.
Since then, crime has dropped about 13 percent in the safety zone and real estate values are climbing, Hegglund said.
However, some former gang members say such legal maneuvers wouldn’t have stopped them.
Usamah Anderson, 30, of Fort Worth said if a civil injunction had been in place then, he and his friends would have simply moved outside the safety zone.
“That’s the life you live, so you’re going to find a way to maneuver around it,” said Anderson, a truck driver who abandoned the gang life about seven years ago and has started a church to help young gang members.
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