Injunction frequently asked questions

What is a gang injunction?

A gang injunction is a civil lawsuit against a street gang and its members based on the legal theory of "public nuisance". The allegation is that the conduct and activities of the street gang within a defined area constitute a public nuisance. It interferes with the community's comfortable enjoyment of life and their property.

Has this been done before?

Gang Injunctions have been used for the past thirteen years. There are currently about 60 injunctions in place statewide. Their legality has been upheld in the California Supreme Court.

What is the objective of a gang injunction?

To improve the quality of life for the people who live and work in the Safety Zone, suppress gang activity and help reduce gang crime, provide outreach programs a better opportunity to work, reduce the ability for borderline gang associates to join the gang and give gang members and associates an excuse to leave the gang. It also allows the Police Department to use fewer resources to suppress the gang and devote more resources to other issues.

What is Colonia Chiques?

Colonia Chiques is a predominantly Latino turf-oriented street gang. It is the largest street gang in Ventura County and claims as their "turf" neighborhoods in Oxnard including Colonia. The primary activities of the gang are to engage in violent and serious felonies amongst rival gangs and innocent members of the community. The gang has about 1,000 members, use Dallas Cowboys attire to "represent itself", and is associated with organized crime. This street gang has been involved (as suspects or victims) in over 39 homicides since 1992. They are responsible for more than 2000 crimes in recent years including hundreds of robberies and other serious crimes in the city.

What is Southside Chiques?

Southside Chiques is a predominantly Latino turf-oriented street gang. It is the second largest street gang in Ventura County and claims as their "turf" neighborhoods in Oxnard predominantly in the south end of Oxnard. The primary activities of the gang are to engage in violent and serious felonies amongst rival gangs and innocent members of the community. The gang has about 500 members, use the Chicago White Sox attire to "represent itself", and is associated with organized crime. This street gang has been involved (as suspects or victims) in over a dozen homicides since 1992. They are responsible for more than 1000 crimes in recent years including robberies and other serious crimes in the city.

Who does the injunction apply to?

The gang injunction only applies to members of the Colonia Chiques and Southside Chiques gang who engage in acts prohibited by the lawsuit. These prohibitions would have to occur in the "safety zone" and in the area open to the public. Community members and citizens are not under any authority of the injunction. Essentially, 99.5% of Oxnard's population would not be subject in any way to the prohibitions of this injunction. This injunction is enforceable ONLY AGAINST COLONIA CHIQUES AND SOUTHSIDE CHIQUES GANG MEMBERS who have been SERVED, and who are in the SAFETY ZONE, are IN PUBLIC, and in violation of one or more of the NEW RULES FOR LIVING as outlined in the injunction. If any of these five requirements are not present then the police department cannot take any action against the person.

Where is the safety zone?

The "safety zone" is a geographical area selected based on the recent nuisance and criminal activity by the Colonia Chiques and Southside Chiques gang. The Colonia Chiques "safety zone" is bordered on the north by Gonzales Rd., on the west by Ventura Rd, on the south Hueneme Rd and on the east by Saviers Rd. It also includes the neighborhoods of Cal-Gisler, Lemonwood, Colonia, Rose Park, as well as Pacifica High School, Shopping at the Rose, and St. John's Hospital.

The Southside Chiques "safety zone" is bordered on the north by Wooley Rd., on the west by Ventura Rd, on the south Hueneme Rd and on the east by Rose Ave. It also includes several neighborhoods located in the City of Port Hueneme.

How big is the safety zone?

The Colonia Chiques "safety zone" is 6.6 square miles or about 24% of the City of Oxnard.

What does the injunction prohibit?

1. Do not intimidate witnesses
2. Do not associate with other Colonia Chiques gang members (some exceptions)
3. Do not possess guns or dangerous weapons
4. Do not engage in fighting
5. Do not use gang gestures
6. Do not wear gang clothing
7. Stay away from drugs without a prescription
8. Do not engage in activities associated with drug sales
9. Stay away from alcohol
10. Do not graffiti or possess graffiti tools
11. Do not trespass on property without written consent of owner
12. Be out of public in the safety zone between 10:00 pm and sunrise (some exceptions)
13. Do not act as a lookout
14. Obey all laws

Who can enforce the injunction?

Oxnard Police Officers who see gang members in violation of the injunction within the safety zone can make an arrest.

What is the penalty?

Gang members who violate the injunction can be arrested for violation of a court order, a misdemeanor. This is a violation of Penal Code § 166(a)(9) (contempt of court) and be sentenced of up to six months in jail.

How do I get out from under the injunction's authority?

A gang member who is under the authority of the injunction may free themselves from the restrictions by disassociating himself from the Colonia Chiques and Southside Chiques gang. This usually involves not associating with other gang members, wearing the clothing of the gang, nor representing the gang in any fashion.

What are some things the injunction cannot do?

The injunction is a prohibitory injunction and thus does not seek any monetary damages. It is not enforced outside of the Safety Zone, and is not effective inside their homes. The injunction is not a stay away order or a banishment, nor is it a Municipal Code ordinance. It is enforceable only against the Colonia and Southside gang members who have been served. It does not prohibit the wearing of any particular attire for the 99.5% of the population not under the authority of the injunction.

How long will the injunction be in place?

Forever.

Who can I contact if I have questions about the Gang Injunction?

You can contact Senior Officer Alex Arnett at (805) 486-6297 or Sergeant Christopher Williams at (805) 486-6211.