Englebrecht

In this case the trial court enjoined 28 named members, including David A. Englebrecht, Jr., and all other members of the Posole street gang from engaging in various activities, e.g., possessing weapons, associating with other gang members, within a designated area of the City of Oceanside. Englebrecht appeals, arguing the trial court erred in denying him a trial by jury on the issue of his gang membership, in deciding the case on a preponderance of evidence rather than a clear and convincing standard of proof and in using an incorrect definition of active gang membership. In addition, he contends the injunction is more burdensome than necessary and that it infringes on his right of free association. Finally, he argues that particular provisions of the injunction are unconstitutional.

Background

In November 1997, the District Attorney of San Diego County sought a permanent injunction to abate a public nuisance. The complaint alleged that members of the Posole street gang were engaged in illegal, terrorizing and harassing behavior in a defined one-square mile “target area” in the “East-side” section of the City of Oceanside.

After a bench trial the court found, based on…