Busch finalizes injunction against Oakdale Mob

By Brent Begin and Julia Cheever, Bay City News Service

November 29, 2006

SAN FRANCISCO (BCN) - A San Francisco Superior Court judge finalized the details of an injunction granted last week that keeps members of the notorious street gang Oakdale Mob from congregating in a four-block area of the Bayview-Hunters Point neighborhood.

The temporary injunction issued by Judge Peter Busch bars more than 20 alleged members of the gang identified by city lawyers from associating with one another, committing crimes or carrying out so-called "nuisance'' activities in the area.

It will continue a temporary restraining order Busch granted on Oct. 30 in a civil lawsuit filed by the office of City Attorney Dennis Herrera under a state law prohibiting public nuisances.

The injunction was held up on certain provisions such as curfews.

A 10 p.m. curfew had been proposed in an earlier version but in the final version only "nighttime loitering" is prohibited between the hours of midnight and 5:30 a.m.

The final version also clears up the language of association among gang Oakdale Mob members. They are specifically prohibited from "standing, sitting, walking, driving, gathering or appearing, anywhere in public view or anywhere accessible to the public."

The injunction makes exceptions only for when members are attending class or school business, when they're at church, or when three or less members are in public participating in an anti-drug, anti-violence, anti-gang or charitable function.

Members are also specifically barred from recruiting any new gang members or preventing old ones from leaving the gang.

City lawyers contend the gang's alleged criminal conduct, including murders, drug dealing, shootings, carjackings, robberies and assaults, as well as its intimidation of community residents and blocking of the streets amounted to "a severe public nuisance'' under the state law.

The use of a civil injunction against gang members under the nuisance law was upheld by the California Supreme Court in 1997.

City attorney's office spokesman Matt Dorsey said that while the procedure has been used in several Southern California cases, this case marks the first time a preliminary injunction has been issued in San Francisco.

Copyright © 2006 by Bay City News, Inc. -- Republication, Rebroadcast or any other Reuse without the express written consent of Bay City News, Inc. is prohibited.

####