In Re Englebrecht

In this proceeding, we are asked to decide the constitutionality of two provisions of a preliminary injunction, which prohibit:

We find the nonassociation provision is constitutional, but the restriction on pagers and beepers is not.

Factual and Procedural Background

On November 24, 1997, the district attorney filed a complaint for a temporary restraining order and permanent injunction to abate a public nuisance. The complaint alleged that members of the street gang known as Varrio Posole Locos or Posole had created a public nuisance by engaging in illegal activity and terrorizing residents within the “Target Area”—roughly a one-square mile area in Oceanside commonly referred to as “Eastside.” The complaint named 28 individuals, including Englebrecht, and 50 Does as defendants.

In alleging the Posole gang members have created a public nuisance, the complaint stated gang members regularly commit violent crimes, such as murders, shootings, assaults and batteries, robberies, and also use and sell illegal drugs within the Target Area. Other nuisance activities include: the playing of loud music, which disturbs the peace and quiet of the Target Area; congregating in large…