"Residents live in constant fear of random violence breaking out at any moment on the streets, sidewalks and local parks in their neighborhood," reads the District Attorney’s (DA) complaint filed December 30, 2004, without consulting with the city’s elected leaders before going to court.

On February 3, 2005, a permanent injunction was issued when the only member served with papers said he wouldn’t show up to court (and he didn’t) to answer to the complaint. At that time, the DA chose to serve this one person, who was residing out of Yolo County and did not provide any further notice to any of the other alleged gang members (350 were claimed in the court papers filed).

While there were motions filed by the ACLU to challenge the injunction on behalf of 5 individuals served, on the basis that they were never given any notice that the DA was seeking to impose on them this permanent injunction, the judges kept denying their motion so the ACLU filed an appeal to these decisions with the Third District Court of Appeal, which is the next step in the court process.

After hearing oral arguments on February 20, 2007, the Opinion was issued on April 23, 2007, wherein the Third Appellate District wrote, "For lack of adequate notice, the default judgment issuing the permanent injunction against the Broderick Boys is void," which meant that the injunction was no longer in effect.

Then, a couple months later, in early August 2007, the DA went forward (this time with support of the City Council) with a second attempt to secure another injunction only this time the new injunction targeted 23 specific alleged members of the alleged Broderick Boys Norteño gang along with 400 other individuals, which are yet to be named. (It’s important to note that if this injunction becomes permanent against all named individuals, these 400 unnamed individuals will NOT have their day in court to defend themselves against the lifelong restrictions imposed on them).

Presently, over half of the 23 named individuals are receiving free legal counsel and the case is going through the court process. However, just recently, the DA railroaded 9 of the named 23 defendants by getting the court to grant a permanent injunction against these 9 since they hadn’t showed up to defend themselves. The truth be told, though, that most were incarcerated and simply, couldn’t show up. On the other hand, please know that there is NOT a permanent injunction against the community at this time and will not be until the case has gone through the court process and decided on, which is not believed to happen for a while.

Genuine statistics

From the start of this effort to criminalize the entire communities of Broderick and Bryte, West Sacramento Police Department (WSPD) and most recently, City Council officials, have touted statistics to deceive the public into believing that the injunction brought down violent crime when the first injunction went into effect, but what they have failed to provide to the public was that violent crime had already been on the decline since 2003.

According to California Crime and FBI Index statistics (as reported by the Department of Justice) the City of West Sacramento showed the following total violent crime statistics: 2003 (476); 2004 (415); and 2005 (361). In 2006, violent crime rose for the first time since 2003 for a total of 428, even with the first injunction in effect. Interesting to note that for the period of 1997-2006, 1997 was the highest violent crime year, which included 3 homicides that year. However, since 2001, homicides have stayed at a steady 2 for each year thereafter.

City Council blows with the political wind

In the beginning:

• September 24, 2007 Sacramento Bee (Editorial: New start for West Sacramento gang injunction) – "West Sacramento City Councilman Oscar Villegas grew up in the neighborhoods where the new gang injunction, if granted, will be enforced. Villegas thought the old injunction was overly broad and feared that it risked sweeping innocent people into its fold. But he’s on board with the newest effort, as is West Sacramento Mayor Christopher Cabaldon…."

Give the People a Voice!!

"The law is supposed to be the very essence of our society and something that distinguishes our democracy from so many other forms of government.　 It's supposed to provide predictability, offer the promise of equality and make fairness not only possible but real" California Supreme Court Chief Justice Ronald M. George."

And in the quest for equality and fairness, there have been many attempts made by reputable, area organizations, to give the communities of Broderick and Bryte a voice in decisions that will impact their quality of life. Here are a few from the list:

2007 – In the Spirit of Unity and Community Town Hall Meeting

How to Bring West Sac Together – Re "West Sac harassment claimed," Sept. 11: It is troubling that West Sacramento Mayor Christopher Cabaldon and City Council members did not attend the town hall meeting. The organizers of the meeting, none of whom are gang members, held the meeting because the city leaders will not talk to the community.

In 2005, the League of United Latin American Citizens Lorenzo Patiño Council suggested that the West Sacramento Police Department involve interested community members from the Broderick and Bryte areas to serve on a task force that invites public comments and input -- as community members can provide important feedback to the police, thus avoiding a generic and potentially racist description of gang members.

The La Raza Network has announced that if city officials are serious about addressing the problems, they must do the following: First, create a citizen advisory commission to deal with police misconduct, the gang injunction and a general lack of communication between the community and law enforcement. Second, overhaul the process of delisting -- in which people can prove they're not gang members -- so it no longer contains offensive and incriminating questions. Third, drastically revise or abolish the gang injunction.

The community must demand true leadership from its representatives, beginning with the mayor. We offered solutions, the injunction was overturned, and now the city leaders want to bring it back.— Rebecca Sandoval, Sacramento

2006 – Statewide summit on Gang Injunctions

2005 – La Raza Network News Release (excerpts)

La Raza Network today announced it disputes claims made by the West Sacramento Police Department as to the effectiveness of the West Sacramento gang injunction.

"Following our July 30^th town-hall meeting, Chief Dan Drummond contended that fewer crimes had been reported, as a result of the gang injunction," said Manuel Valencia, Executive Board Member of La Raza Network.

"Unfortunately, those claims are misleading. It is the opinion of La Raza Network that fewer crimes are being reported because the citizens of West Sacramento have grown wary of the police, due to their questionable tactics."

"…"

La Raza Network was asked, by city officials, to intervene in this situation because the community and law enforcement had lost all lines of communication. When La Raza Network was initially approached by Chief Drummond and Councilman Villegas, the organization was assured that the town-hall meeting would be the first step in a process to give the West Sacramento community a voice. Specifically, La Raza Network was assured that the residents of Broderick would have input as to how the gang injunction was being implemented and there would be a genuine, constructive dialogue. Unfortunately, as the Network has tried to follow-up on this agreement, it appears that the City is now content to ignore this crisis.

Again, it must be restated that La Raza Network was asked, by both Chief Drummond, and Councilman Oscar Villegas, to help mediate between the city and the Broderick community. As La Raza Network worked to create reasonable solutions, Mayor Cabaldon never engaged the Network. "As the Network continued to address this situation, one question remained," said Phil Barros, Chair of La Raza Network, "Where was the Mayor?"

If city officials are serious about addressing the problems that plague Broderick, and the rest of West Sacramento, they must do the following: First, a substantive citizen advisory commission must be created specifically to deal with police misconduct, the gang injunction and general lack of communication between the community and law enforcement. Second, the current process of de-listing must be drastically overhauled, no longer containing offensive, and incriminating, questions. Third, the gang injunction must be drastically revised or completely abolished. Fourth, the community must demand true leadership from their representatives, beginning with the Mayor.

"When La Raza Network was first approached by city officials, we made a commitment to help the residents of West Sacramento," said Barros, "That is a commitment we intend to honor."

Return to Gang Injuction