By Chelsea Phua
cphua@sacbee.com
The 3rd District Court of Appeal in Sacramento has partially upheld a preliminary injunction against the Broderick Boys, an alleged West Sacramento street gang.
In a 44-page opinion issued Monday, the appellate court said it supports Yolo County Superior Court Judge Kathleen M. White's preliminary injunction that would restrict the activities of alleged gang members in a defined area of West Sacramento.
"We conclude sufficient, credible evidence supports the trial court's conclusion the Broderick Boys is a criminal street gang whose activities have created a public nuisance in the designated area," the opinion read.
However, it found provisions dealing with controlled substances and the consumption of alcohol too vague to be enforced. But the Yolo County District Attorney's office can request the lower court to amend these provisions so they can be enforced, according to the ruling.
The preliminary injunction imposes restrictions on two dozen named and up to 400 unnamed individuals. The restrictions include a curfew on alleged gang members in the "safety zone," an area north of Highway 50 from Harbor Boulevard to the Sacramento River. The injunction prohibits them from "standing sitting, walking, driving, gathering or appearing anywhere in public view or any place accessible to the public."
Prosecutors had said the injunction is needed to curb gang activity. Defense lawyers said it would give police sweeping powers to interfere with the rights of West Sacramento residents.
Click here to read the complete copy of the published opinion.
Call The Bee's Chelsea Phua, (916) 321-1132.
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