Are Westside and Eastside street gangs considered to be "criminal street gangs" under section 1021.5 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Anaya, 2d Civil No. B260642 (Cal. App. 2016):

The People and City claim the trial court's factual findings show the type of associational interests involved in this case do not involve rights that further any appropriate public interest under section 1021.5. The trial court found Westside and Eastside are "criminal street gangs." They "commit many crimes." "There have been gang related murders." The court said, "[T]his is troubling criminal activity that requires focused attention from law enforcement . . . ." (Italics added.) It said that 10 of the 11 individual defendants in this case are "gang members." The court declined to issue an injunction, but found this gang activity "is a nuisance." It could reasonably find that associational rights with these gangs are not protected rights furthering any public interest when they constitute a nuisance to the community. (People ex rel. Gallo v. Acuna, supra, 14 Cal.4th at p. 1111.)

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