County Takes First Step to Prohibiting Gangs From Parks : Crime: Law would be fashioned after a San Fernando ordinance, which is being challenged in court.
The Los Angeles County Board of Supervisors on Tuesday stepped into the legal battle over banning gang members from public parks, asking park officials and the Sheriff’s Department to identify gang-plagued county parks where such a ban should be imposed.
Supervisor Mike Antonovich asked that a list of parks “overcome with gang activity” be provided to the board in a month to be considered for a ban similar to the ordinance adopted by the city of San Fernando in September.
That ordinance, thought to be the first of its kind in the nation, is being challenged in a Los Angeles Superior Court lawsuit brought by the American Civil Liberties Union of Southern California on the grounds that gang members have a constitutionally protected right to free assembly.
But the approach has been gaining support from elected officials and their constituents. In December, the city of Pomona banned gang members from two of its parks and officials in several other cities, including Los Angeles, are discussing similar crackdowns.
Supervisors voted unanimously to look into the need for such a ban at county parks and to join San Fernando in fighting the ACLU lawsuit by offering legal help.
ACLU Executive Director Ramona Ripston said she hoped the county would wait for the lawsuit to be resolved before acting.
“We understand the problem,” Ripston said. “I want to be safe too. But we don’t have to sacrifice the Constitution in order to have safety.”
Two county supervisors and several members of the public expressed concerns Tuesday about the legal grounds for a ban. But many also applauded the success so far in San Fernando, where Las Palmas Park--used almost exclusively by gangs last year--again attracts families.
“I support San Fernando’s remedy and . . . it may work in other areas when these problems arise,” said Supervisor Gloria Molina. “But I’m concerned about implementation, about if anybody who looks like a gang member is going to be harassed. There’s a lot of people who believe that every minority belongs to a gang.”
The San Fernando City Council approved the ban after a mother and her three children were wounded in the cross-fire of a gang turf war in the park. Under the ordinance, members of groups identified by local law enforcement officers--under the guidelines contained in a state law--as criminal street gangs are warned to stay away from the park. A first violation of the law brings a warning and the second offense carries a $250 fine.
Supervisor Ed Edelman said he fears that forcing gangs out of parks merely pushes them into the surrounding neighborhoods, where they continue to pose a threat. A report produced by the ACLU indicated that two fatal gang shootings in October occurred within 100 yards of Las Palmas Park.
Only a few of the county’s more than 100 parks are likely to meet the gang prohibition criteria, said Rodney E. Cooper, county director of parks and recreation. In general, he said, gang problems are already being controlled by county park police and by a community safety program in the parks.
Both the San Fernando and Pomona ordinances were crafted by the Los Angeles County district attorney’s office, which has offered its services to other governmental bodies.
Dist. Atty. Ira Reiner, who spoke at length during Tuesday’s meeting, said he believes the ordinances will withstand legal challenges.
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