Gang lawyers fight law as unconstitutional
Updated: 6/14/2012 1:05 pm | Published: 6/14/2012 1:03 pm
OGDEN, Utah (AP) - An Ogden gang is challenging an injunction enacted in 2010 which prohibits its members from associating with each other in the city and sets a curfew for them.
The injunction also makes it illegal for members to carry guns or graffiti tools.
Attorneys for the Ogden Trece are arguing in 2nd District Court that the injunction violates the constitutional rights of the roughly 350 gang members. They say it infringes upon their freedom of association and constitutional protection against unreasonable search and seizure.
A hearing on the matter is ongoing in Ogden this week.
The Utah Supreme Court has previously refused to suspend the injunction, and the Utah Court of Appeals and U.S. Supreme Court declined to hear the case.
Authorities maintain the gang is a public nuisance responsible for violent crimes.
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