First Amendment, Due Process - On September 9, 2010, the ACLU of Utah filed a motion seeking to submit an amicus curiae brief in a Utah State 2nd District Court case involving a Weber County lawsuit requesting an injunction against the “Ogden Trece” gang that prohibited, among other things, alleged members from gathering within a significant portion of Ogden city limits.
The injunction was granted by the 2nd District prompting an immediate appeal to the Supreme Court. The ACLU, along with the Utah Association of Criminal Defense Lawyers, challenged the injunction, affecting hundreds of individuals, based on the significant threats to constitutional rights including free association and due process. In October 2010, after an expedited hearing, the Supreme Court upheld the injunction. The ACLU of Utah is exploring other avenues for raising new challenges to the continuing injunction.
Letter to 2nd District Court 8/30/10 (PDF) >>
Press release 9/9/10 (PDF) >>
Read the press release 10/4/10 (PDF) >>
Papers filed with the Utah Supreme Court on October 4, 2010
Petition For Permission To Appeal Interlocutory Order (PDF) >>
Petition For Emergency Relief (PDF)>>
Motion To Stay Pending Appeal (PDF) >>
Memorandum In Support Of Petitioners' Motion For Stay Pending Appeal (PDF) >>
Declaration of Darcy M. Goddard In Support Of Petitioners' Motion For Stay Pending Appeal >>
AUCDL amicus curiae brief 10/18/10 (PDF) >>
Supreme Court order setting hearing 10/20/10 (PDF) >>
The full Amicus Brief may be downloaded (PDF) >>
Read about the appeal filed with the Utah Supreme Court in 2012 >>
