In a continued effort to provide for a safe community free from gang violence and intimidation, the Oxnard Police Department partnered with the Ventura County District Attorney’s Office and implemented a civil gang injunction against the Southside Chiques street gang. A permanent gang injunction was granted on September 18, 2006.
Several recent court decisions throughout California have led the Oxnard Police Department and the Ventura County District Attorney’s Office to reexamine the manner in which individuals are subjected to the gang injunction. While representatives from both agencies continue to discuss and implement revisions to the process, the Oxnard Police Department has temporarily suspended enforcement of both gang injunctions until the review is concluded.
The Oxnard Police Department and the Ventura County District Attorney’s Office will continue to work closely in addressing gang violence and the impact it brings to our communities. Both agencies have dedicated considerable resources to the prevention and enforcement of gang violence.
This injunction is a civil lawsuit against the Southside Chiques gang and its members, and is based on the legal theory of “public nuisance.” The theory is that the conduct and activities of the street gang within the “safety zone” (see image at right) constitute a public nuisance – gang activity interferes with the community’s comfortable enjoyment of life and their property. The purpose of this injunction is to abate this nuisance by requiring gang members to refrain from negative behaviors, which are specifically listed in the order. The gang injunction prohibits enjoined Southside Chiques gang members from engaging in a variety of actions, some that would otherwise be legal if committed by a person not subjected to the terms of the injunctions.
Enforcement of the prohibitions on served gang members deters precursor activity that leads to violent crime. For example, law enforcement knows that historically a group of gang members drinking in a park during the early evening can often result in violent assaults or other criminal activity, as their aggression and inhibitions are affected by alcohol and/or drug consumption. Therefore, preventing gang members from gathering in a public place consuming alcohol and/or drugs can prevent more serious activity from occurring later that evening. Any person who is subject to the provisions of the injunction and who violates its terms violates Penal Code section 166(a)(4) (violation of a court order), which carries a sentence of up to six months in jail and a potential fine of up to $1,000. Upon conviction, probation terms can be added to include gang terms.
The Southside Chiques injunction only applies to members of the Southside Chiques gang who engage in acts prohibited by the lawsuit. These prohibitions would have to occur in a defined “safety zone.” Non-served persons are not under any authority of the injunction. Essentially, 99.9% of Oxnard’s population is not be subject in any way to the prohibitions of this injunction.
For further information about Oxnard’s gang injunctions, please visit our FAQ page.
You can click on the below links to review the court documents related to the injunction: