In re Englebrecht

The district attorney (plaintiff) sought and obtained an injunction to abate a public nuisance created by members of the Posole gang in a roughly one-square-mile area commonly referred to as Eastside. The Posole gang claimed Eastside as its territory. The injunction was directed toward David Englebrecht and numerous other Posole-gang members (defendants). Within Eastside, Posole-gang members terrorized residents, committed violent crimes, engaged in illicit drug-using and selling activities, congregated in large groups, disturbed the peace by playing loud music, blocked free passage on the streets, vandalized property, and trespassed on private property, all of which caused residents to feel harassed, intimidated, and fearful for their property and lives. The injunction included a provision that prohibited Englebrecht from engaging in specified activities (“walking, driving, bicycling, gathering”) in public view with other known Posole-gang members (the association provision). The injunction also prohibited Englebrecht from using or possessing pagers or beepers in any public place (the possession provision). After the injunction was in effect, Englebrecht was observed walking on a public street in Eastside with two other men who had been documented by officers as Posole-gang members. Englebrecht was arrested with a pager in his possession. The trial court found Englebrecht in contempt of court for violating the association and possession provisions. Englebrecht filed a writ petition seeking appellate review of the constitutionality of the two provisions.