OAKLAND (CBS SF) — A judge issued a preliminary injunction Friday against five alleged Norteno gang members in Oaklandâs Fruitvale district but delayed a ruling on 35 other reputed members.
The ruling by Alameda County Superior Court Judge Robert Freedman, who has been mulling the issue for months, bars the five alleged Norteno members from hanging out with one another, loitering and possessing guns in a 450-block area in the largely Hispanic Fruitvale district.READ MORE: Former Theranos Lab Director Continues Testimony
The ruling, which is the first phase in what is expected to be a multi-phase process, also imposes a curfew between 10 p.m. and 5 a.m., among other restrictions.
The ruling applies to two reputed gang members who testified and presented evidence at a series of hearings in the initial phase of the litigation.
It also applies to three other alleged members who donât have lawyers and didnât present any evidence.
Freedman is reserving judgment on 35 other reputed gang members until later so they all have a chance to testify if they choose to do so.
The proposed gang injunction is the second that has been sought by the city. Last June, Freedman issued an injunction against 15 members of the North Side Oakland gang.
Opponents of the injunction claim it is overly broad and will result in racial profiling of young Latino men.READ MORE: State Sen. Wiener's Recovery Incentives Act Would Pay Meth Addicts to Stay Sober
But former Oakland City Attorney John Russo, who filed the suit last October but recently left that position to become the city manager in Alameda, said the suit has nothing to do with racial profiling and instead focuses on cracking down on gang members whom he said have been committing crimes in the Fruitvale area.
Freedman said on May 6, which was the last hearing on the matter that he would rule âwell beforeâ a hearing that was scheduled for 2 p.m. Friday. But he didnât issue it until shortly before Fridayâs hearing.
In his brief ruling, Freedman said the city of Oakland met âthe requisite burden of proofâ to get a preliminary injunction but didnât elaborate.
Yolanda Huang, an attorney for some of the alleged gang members, said she was âdisappointedâ that Freeman didnât specify his reasons for granting the injunction and âwas not more scholarly.â
Huang said, âWe definitely will appeal the ruling,â saying she thinks Freemanâs order âlacks specificity and there was not enough admissible evidence for the holding.â
Dennis Cunningham, another attorney for some alleged gang members, said defense lawyers want to have hearings for the remaining defendants in the case but he thinks they may be âfutileâ and a waste of time because he thinks Freedman âdoesnât recognize issues for the defense.â
Alex Katz, the spokesman for the city attorneyâs office, said he did not have any comment on the ruling Friday afternoon but might issue a statement later on Friday.MORE NEWS: Lead Utility Regulator Overseeing PG&E Announces Resignation
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