Сборник текстов для перевода. Борисова Л.А. - 27 стр.

down the city's gang loitering ordinance, City of Chicago v. Youkhana, 660
N.E.2d 34 (1995).
       An Illinois appeals court held the measure infringed on freedoms of asso-
ciation, assembly and expression; criminalized the status of being a gang mem-
ber; and permitted police officers to avoid probable cause requirements.
       Some prosecutors have been unsuccessful at the trial level as well. In a
Los Angeles County case, a judge issued a temporary restraining order aimed at
gangs in Westminster, but refused to grant a preliminary injunction.
       The setbacks have not dampened the enthusiasm of prosecutors for the in-
junctions, which are enforced with the contempt remedy.
       “The San Jose injunction had an immediate effect, sending gang members
packing from a foursquare-block area that they had taken over,” says Gallo.
       And in an interview, Los Angeles District Attorney Gil Garcetti pro-
claimed his community-based gang-fighting program “a phenomenal success.”
He says it is his belief that the injunctions his deputies have obtained will pass
constitutional muster because they are more specific than the San Jose order.
       His office has since applied for injunctions in two other cities, one of
which is Inglewood, home of the Los Angeles Lakers.
       Deanne Castorena, the Los Angeles deputy district attorney who obtained
the county's first injunction in Norwalk two years ago, says many community
members support the program and have come forward with affidavits.
       The Los Angeles County effort is part of a larger program being called
Strategy Against Gang Environments. Part of that strategy involves sending
gang prosecutors from the district attorney's office to cities where they set up an
office. Once they arrive, they begin working with police, notifying them of gang
members' parole and probation restrictions. These can include the waiver of
Fourth Amendment requirements, permitting them to be searched without cause.
       Not everyone is as enthusiastic about using civil injunctions to control
gang activity. Houston City Attorney Gene Locke says he declined to use the
strategy, and instead opted for the “more traditional legal measures” such as
prosecuting gang members individually for violating nuisance laws.
       Locke says his office was concerned about possible liability for civil liber-
ties violations, the overall effectiveness of injunctions, and the cost of such a
program.
       Others say the injunctions could result in broad sweeps of ethnic and low-
income neighborhoods. “Innocent kids [will] get arrested because they look like
gang members,” says one government attorney who refused to be identified.




                                        27