Court Cases

Can the State of California retroactively enforce Prop 83's residency restrictions against sex offenders who committed their offenses before the law went into effect?

The ACLU Foundation of Northern California submitted an amicus brief in The People of the State of California vs. Norteño, urging the Solano County Superior Court to limit the overly broad scope of a gang injunction proposed by the City of Fairfield. The ACLU of Northern California brief expressed concerns with several aspects of the injunction, including the potential for racial profiling and the ability of the police to serve the injunction on an individual without presenting clear and convincing evidence of gang membership and without court approval. On July 24, 2009, a preliminary injunction was granted, and a number of ACLU Foundation of Northern California's recommendations were adopted.

The District Attorney of Yolo County in late December 2004 sought a permanent injunction against the Broderick Boys “gang,” attempting to place on permanent probation, without any trial or due process, hundreds of residents of a predominantly Latino neighborhood in West Sacramento. In July 2005, the ACLU Foundation of Northern California filed a motion to set aside the permanent injunction for lack of notice, which the judge denied. The ACLU Foundation of Northern California appealed, filing the final brief in that appeal in June 2006. On April 23, 2007, the California Court of Appeal agreed with the ACLU Foundation of Northern California and voided the permanent injunction imposed on the so-called Broderick Boys gang.