A defense attorney questioned Monday why a court order that allows police to arrest 31 alleged gang members for being seen together in East Lake Courts hasn’t been enforced for the last four months.
“The injunction is supposed to be a special remedy because of an immediate need,” Chrissy Mincy said in Hamilton County Criminal Court. “If it’s been in effect for months and it’s not being utilized, then I think that underscores our argument that … there’s no immediate or irreparable harm.”
Judge Barry Steelman, who approved the temporary order in December, asked defense attorneys and prosecutors to iron out any outstanding issues within the next two weeks so he can pick a final hearing date.
The next hearing in the case is scheduled for May 15.
The “gang injunction” pits prosecutors who want police to have more legal power to stop routine troublemakers against defense attorneys who call the order a violation of the First Amendment right to freedom of association.
