About Injunctions

What are gang injunctions?

Gang injunctions are court-issued restraining orders prohibiting alleged “gang members” from participating in certain specified activities within a “safety zone.” This is justified by classifying these alleged gang members as a “public nuisance.” Because gang injunctions are civil actions, there is a lower legal standard than in the criminal system, and people are not afforded the same due process rights as under criminal law. While criminal laws are restricted to “criminal” behavior, injunctions can target noncriminal conduct. This gives law enforcement officers more power to detain people they suspect to be gang affiliated – even if they might not have had the right to detain them before and even if that person is not named on the injunction. People can then be punished in a criminal court for violating a civil order. Nationwide, gang injunctions are almost exclusively imposed against communities of color, typically ensnaring multiple people within a family. They are often described as modern day Black Codes.

What do the injunctions prohibit?

People who have been served with an injunction are forbidden from engaging in a host of activities within the “safety zone.” Some of the prohibited activities are already illegal – such as selling drugs, vandalizing, trespassing, and possessing weapons. Other restrictions involve everyday activities, such as congregating in groups, associating with particular people, being out after a designated time, or wearing certain colors.

What is the status of the injunctions in San Francisco?

In total, there have been 7 injunctions in the Bayview-Hunters Point, Mission, Visitacion Valley, and Western Addition. The injunctions were implemented through the City Attorney’s Office in 2007. A total of 150 people have been enjoined on the injunctions – every single one of them was a black or brown male. Today, after SF NIC’s organizing, 53 people remain enjoined on 6 injunctions.

What is the penalty for violating an injunction?

Violating the injunctions can result in a misdemeanor conviction with up to six months in county jail. Additionally, if someone on the injunctions is convicted of a felony, the criminal court can add a “gang sentencing enhancement” that results in an additional 2 to15 years (or even 25 years to life) in prison.

Can a person get removed from the injunction?

Yes. If you are on an injunction in San Francisco, contact us and we can file a petition to remove you from the injunctions.

There is also an opt-out process, but it is difficult to navigate and subject to Herrera’s approval.