People v. Manzo CA1/4

I. BACKGROUND

A. Procedural History By this action, the People of the State of California ex rel. John A. Russo, who was Oakland’s City Attorney (the City), sought injunctive relief to abate a public nuisance caused by the conduct of the Norteño street gang, sued as an unincorporated

1 Separate appeals were filed from the two injunctions. They have been consolidated.

1 association, and 42 individually named alleged Norteño members (collectively, defendants). The complaint alleged that, for years, defendants had used a zone in central Oakland, the proposed “Safety Zone,”2 to conduct “gang and public nuisance activities” that “threaten[ed] the freedom, health, safety, senses, and right to free use and enjoyment of property of the people who live, work, visit and pass through the proposed Safety Zone.” Those activities included selling and using controlled substances, shooting at members of other street gangs in order to claim the “turf,” homicides, attempted homicides, rapes, robberies, carjackings, assaults, drinking alcoholic beverages in public, loitering on public sidewalks, riding bicycles on sidewalks, displaying and discharging firearms, and drive-by shootings. Moreover,…