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Protecting the Bill of Rights in Utah since 1958

Weber Co v. Ogden Trece (2013)

18 October 2013 Published in Resolved Cases

Racial Justice, Free Expression, Police Practices - On September 12, 2012, The ACLU of Utah, together with cooperating attorneys David Reymann of Parr Brown Gee & Loveless and Randy Richards of Allen, Richards & Pace, filed a Notice of Appeal in the Second Judicial District Court for Weber County appealing the court’s so-called “gang injunction” to the Utah Supreme Court. The injunction purportedly applies to the “Ogden Trece” gang as an entity, and covers virtually the entire city of Ogden. The injunction prohibits more than three hundred of its “alleged” members from a wide range of constitutionally protected conduct, including: associating with other alleged members (including family, friends, and co-workers), engaging in peaceful protests in public places, traveling together to vote, and even appearing in court together to challenge the injunction. The injunction also imposes a perpetual 11 p.m. to 5 a.m. curfew on hundreds of individuals that apparently applies for the rest of their lives, as well as permanently prohibiting them from possessing legal firearms, drinking or merely being in the presence of alcohol (on both public and private property), and engaging in any conduct that police, in their unfettered discretion, consider “annoying.” These prohibitions apply to anyone that the police decide, without any prior judicial oversight, are members of the “gang.” On October 18, 2013, the Utah Supreme Court vacated the so-called Ogden “Gang Injunction,” ruling that Weber County’s tactic of attempting to sue Ogden Trece as an “unincorporated association,” thereby binding hundreds of individuals without having to name any of them, violated Utah’s rules requiring proper service of process.  As a result, the Court held that the district court never had jurisdiction to enter the injunction in the first place. 

Read the press release (9/12/12) >>

Documents filed with the Utah Supreme Court (9/12/12) 
Notice of Appeal (PDF) >>
Motion_to_Stay (PDF) >>
Memorandum in Support of Motion to Stay (PDF) >>
Injunction Pending Appeal (PDF) >>

On October 18, 2013, the Utah Supreme Court vacated the so-called Ogden “Gang Injunction,” ruling that Weber County’s tactic of attempting to sue Ogden Trece as an “unincorporated association,” thereby binding hundreds of individuals without having to name any of them, violated Utah’s rules requiring proper service of process.  As a result, the Court held that the district court never had jurisdiction to enter the injunction in the first place.

Read the press release (10/18/13) >>

Download the court order (PDF) >>

On September 9, 2010, the ACLU of Utah filed a motion seeking to submit an amicus curiae brief in a Utah State 2nd District Court case involving a Weber County lawsuit requesting an injunction against the “Ogden Trece” gang that prohibited, among other things, alleged members from gathering within a significant portion of Ogden city limits.The injunction was granted by the 2nd District prompting an immediate appeal to the Supreme Court. The ACLU, along with the Utah Association of Criminal Defense Lawyers, challenged the injunction, affecting hundreds of individuals, based on the significant threats to constitutional rights including free association and due process. In October 2010, after an expedited hearing, the Supreme Court upheld the injunction.

Letter to 2nd District Court 8/30/10 (PDF) >>
 
Papers filed with the Utah Supreme Court on October 4, 2010
Petition For Permission To Appeal Interlocutory Order (PDF) >>
Petition For Emergency Relief (PDF) >>
Motion To Stay Pending Appeal (PDF) >>
Memorandum In Support Of Petitioners' Motion For Stay Pending Appeal (PDF) >>
Declaration of Darcy M. Goddard In Support Of Petitioners' Motion For Stay Pending Appeal (PDF) >>

UACDL Files Amicus Brief in Support of ACLU's Motion for Expedited Appeal of Ogden "Gang Injunction"

Utah Association of Criminal Defense Lawyers Amicus Curiae Brief 10/18/10 (PDF) >>
Supreme Court order setting hearing 10/20/10 (PDF) >>

Utah Supreme Court Asks for Supplemental ACLU Brief

Read the supplemental brief >>

Read the press release 10/4/10 >>

The full story in chronological order:

Weber County Gang Injunction Raises Constitutional Concerns

8/30/10 - A Weber County injunction against a gang known as Ogden Trece would prohibit all alleged gang members, known and unknown, from gathering in a significant portion of Ogden city limits. An ex parte temporary restraining order was issued by  the 2nd District Court on August 20th. The court has scheduled a hearing tomorrow on Weber county's request to make the injunction permanent. The ACLU has sent a letter to the Court raising some constitutional concerns and urging the court to permit full briefing, including by the ACLU as amicus curiae. 

Letter to 2nd District Court 8/30/10 (PDF) >> 

ACLU of Utah Seeks to Intervene in "Gang Injunction" Case

9/9/10 - Citing serious constitutional concerns, the ACLU of Utah and cooperating attorneys David Reymann and Rita Cornish of the law firm Parr Brown Gee & Loveless filed motions today seeking to submit an amicus curiae (friend of the court) brief or for limited intervention in the lawsuit recently filed by Weber County seeking an unprecedented “gang injunction.” The proposed injunction would prohibit the Ogden Trece organization, an alleged “street gang,” and any of its alleged members from associating or otherwise engaging in numerous lawful activities anywhere within the City of Ogden. The injunction was granted by the 2nd District prompting an immediate appeal to the Supreme Court. The ACLU, along with the Utah Association of Criminal Defense Lawyers, challenged the injunction, affecting hundreds of individuals, based on the significant threats to constitutional rights including free association and due process.

Read the press release (PDF) >>
Read an Ogden Standard Examiner article >>

ACLU Of Utah Files Petition Seeking Immediate Review of of Weber County "Gang Injunction"

10/4/10 - The ACLU of Utah and cooperating attorneys David Reymann and Clemens Landau of the law firm Parr Brown Gee & Loveless, along with co-counsel Michael J. Boyle, today filed petitions with the Supreme Court of the State of Utah seeking immediate appellate review of the “gang injunction” entered last week by Second District Court Judge Ernie W. Jones. The ACLU of Utah also requested that the Supreme Court block Weber County from enforcing the injunction until after the appeal is decided. In October 2010, after an expedited hearing, the Supreme Court upheld the injunction. The ACLU of Utah is exploring other avenues for raising new challenges to the continuing injunction.

Read the press release (PDF) >>

UACDL Files Amicus Brief in Support of ACLU's Motion for Expedited Appeal of Ogden "Gang Injunction"

10/18/10 - The Utah Association of Criminal Defense Lawyers today filed with the Utah Supreme Court an amicus curiae in support of the ACLU of Utah's Petition for Permission to Appeal Interlocutory Order and Motion for Stay Pending Appeal in the Ogden Trece "gang injunction" case. UACDL’s involvement in this case would ensure that the constitutional issues are fully briefed.

Read the media release >>
Read a Deseret News article >>

Utah Supreme Court Sets Immediate Hearing on ACLU of Utah's Request to Block Injunction
10/20/10 - The Utah Supreme Court on October 19 issued an order requesting additional briefing and setting an expedited hearing on the ACLU of Utah's request that the Court block enforcement of the recently issued Weber County "gang injunction." In addition to the constitutional issues already raised by the ACLU in its moving papers, the Court requested that the parties submit additional briefs and be prepared to address the notice given to Trece and its hundreds of alleged members prior to the trial court proceedings, and whether the trial court proceedings complied with the Utah Rules of Civil Procedure and the due process requirements of the United States and Utah State Constitutions. The hearing is scheduled for 4:00 p.m. on Monday, October 25.

Read the court order (PDF) >>
Read a Deseret News article >>

Utah Supreme Court Asks for Supplemental ACLU Brief

10/25/10 - The Utah Supreme Court asked for a supplemental brief in preparation for an expedited hearing today on the ACLU of Utah's request that the Court block enforcement of the recently issued Weber County "gang injunction."

Utah Supreme Court Considers The Constitutionality of the Ogden "Gang Injunction"

10/26/10 - The Utah Supreme Court held an expedited hearing yesterday on the ACLU of Utah's request that the Court block enforcement of the recently issued Weber County "gang injunction." The Supreme Court upheld the injunction. The ACLU of Utah is exploring other avenues for raising new challenges to the continuing injunction.

See a Fox News story >>
Read a Ogden Standard Examiner article >>
Read a Salt Lake Tribune article >>
Read a Deseret News article >>

From the ACLU of Utah Reporter - Fall 2010 Edition
Utah Supreme Court Grants Hearing on “Gang Injunction" >>

Challenging Ogden's Gang Injunction

3/1/11 - On Wednesday, March 2, Darcy Goddard, ACLU of Utah Legal Director, and David Reymann, of Parr Brown Gee & Loveless, will participate in a free public presentation at Weber State University to discuss the constitutional implications of Weber County's "gang injunction" against alleged members of the Ogden Trece.

Print a flyer (PDF) >>
Read a Standard Examiner article >>

Public Presentation Outlines ACLU of Utah's Challenge to Ogden's Gang Injunction

3/3/11 - Yesterday, ACLU of Utah Legal Director Darcy Goddard and attorney David Reymann of Parr Brown Gee & Loveless spoke to a diverse audience at Weber State University about constitutional issues with Ogden's gang injunction against alleged members of the Ogden Trece. Identifying and labeling a particular group a "public nuisance," and using that designation to significantly curtail fundamental liberties and to criminalize otherwise legal conduct, disregards basic constitutional principles, further overburdens an already overwhelmed public defense system, and does nothing to reduce crime long term.

Read a Standard Examiner article on the presentation >>
Read an Op-Ed by Kent Hart, E.D. of UACDL >>