Gang Injunctions
Sponsor: Rep. Ross
Atty. Gen. Rob McKenna promoted an omnibus “anti-gang” bill that would have made the serious problem of gangs worse; Rep. Ross introduced the measure at the AG’s request. Instead of focusing on those committing violent crimes, the bill pushed expensive sanctions that could result in innocent youth being arrested. This approach only strengthens gangs by cutting off vulnerable youth from the family members, jobs, and school they need to stay out of gangs. Research shows that gangs are best controlled by focusing enforcement efforts at violent criminals, along with directing prevention and intervention services for young people who are vulnerable to joining gangs.
The measure provided for civil injunctions against youth whom police think may be gang members – without proof of criminal activity and without providing legal representation. Factors such as with whom a teen hangs out or how he dresses could have landed him on an injunction list. Youth of color would be impacted most heavily because the way they dress may fit gang stereotypes. Once an injunction would be issued, a young person could have been banned from being in an area and could be charged with a crime for returning there.
Early on, the Attorney General severely criticized the ACLU-WA when we pointed out the bill’s flaws. Although the bill failed to pass out of committee, it was designated “necessary to implement the budget” and could have come up for a vote at any time. However, staunch opposition from more than 60 civil rights, social justice, and ethnic community organizations stalled the measure.
