HomeMy WebLinkAboutAgenda Report - June 1, 1994 (41)OF
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COUNCIL � COMMUNICATION
AGENDA TITLE: Request for Council Authorization to Join Amicus Curiea Brief
(People. ex rel. San Jose City Attorney's Office v. Acuna)
MEETING DATE: June 1, 1994
PREPARED BY: City Attorney
RECOMMENDED ACTION: Council authorization to join Amicus Curiea Brief in
the above captioned case, which relates to cities
authority to regulate gang activity by injunction.
BACKGROUND INFORMATION: Several months ago, the Council was made aware of a
program carried on by the San Jose City Attorney's
Office dealing with control of street gangs by court
injunction. Using this approach, the City could get a court determination that
individual members of specified gangs were a "nuisance" and prohibiting certain
activities such as congregating with other known members of the gang, being
found in certain locations, etc.
San Jose's approach has now been challenged. It is recommended that the City
Council authorize the City Attorney to join the Amicus Curiea Brief on appeal
since many of the issues in San Jose may be encountered here in the future.
There will be no cost to the City to join in the Amicus Curiea Brief.
FUNDING: None
Respectfully submitted,
Bob McNatt
City Attorney
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Attachments
CCAMICUS/TXTA.01V
APPRGVED _-- --- _ _ — ` •
THOMAS A. PETERSON ec,c eo n�Le•
City Manager
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CITY OF SAN JOSS, CALIFORNIA
OFFICE OF THE CITY, ATTORNEY
151 WEST MISSION $iREET R
SAN JOSE. CALIFORNIA 95110
(408) 277-4454
JOAN R. GALLO MAY 16 1994
CitYAttomey May 9,1994 City Attomey'S CffiCIm
TO ALL CALIFORNIA CITY ATTORNEYS:
Re: People of the State of California, ex rel. San Jose City Attorney's Office V. Acuna, st al.
The purpose of this letter is to request that you join in the amicus brief which is being authored by
the Los Angeles City Attorney's Office in support of the City of San Jose. The City of San Jose is the
respondent in an appeal to the Sixth Appellate Division taken by defendants in the above -referenced
gang abatement action brought by the San Joie City Attorney's Office.
The status of the case is that the City of San Jose was granted a preliminary injunction enjoining
specified activities by named members of criminal street gangs in a four (4) block residential
neighborhood in San Jose. Eleven (11) of the thirty-eight (38) named defendants are appealing the
Superior Court's granting of the preliminary injunction. This action is very similar to gang abatement
actions brought by several Southern California cities. It is anticipated that San Jose's action will be the
first such action to receive appellate review.
In this case, San Jose sought to enjoin gang activity under general nuisance law. We also
demonstrated that the named defendants were each members of a "criminal street gang" that has
engaged in a "pattern of criminal street gang activity," as these terms are defined by the Street Terrorism
Enforcement and Protection Act. It was shown that the criminal street gangs in question: were creating a
nuisance for the residents of a small San Jose neighborhood known as "Rocksprings." On this basis, a
preliminary injunction was issued by the Santa Clara County Superior Court, enjoining gang members
from congregating together, committing criminal activities, intimidating "Rocksprings" residents and
creating a nuisance in that neighborhood.
The outcome of this case is of statewide interest, because it will determine the ability of cities to
abate criminal street gang activities in their communities. Because several Southern California
communities have been active in bringing injunctive relief actions against criminal street gangs, both the
Los Angeles City Attorney's Office and the Los Angeles District Attorney's Office are filing amicus briefs
in this case.
We would be very grateful for your participation. Enclosed is an "Authorization To Join Amicus
Brief" which we would request that you complete and return to us at you earliest convenience, at the
address provided. Thank you in advance for your anticipated support.
Very truly yours,
J AN R. GALLO
ity Attot
Enclosure \
--Q
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AUTHORIZATION TO JOIN AMICUS BRIEF
To: Carol Weinstein, Sr. Deputy City Attorney
City Attorney's Office
City of San Jose
151 West Mission Street
San Jose, California 95110
I hereby authorize you to include the City -of nodi . California
as an amicus party in the amicus brief that the Los Angeles City Attorney's Office
is preparing in the case of People of the State of California, ex rel. San Jose
City Attorney's Office v. Acuna, et al., currently on appeal to the Sixth
Appellate Division, case number H080112.
I hereby represent and warrant that I have the authority to grant this
authorization on behalf of said City.
_ M Lk L446
CITY ATTORNEY
Printed Name: Bob w. Mc:Natt
Address: P. o. Box 3006
Lodi. CA 95241
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