Sunday, January 15, 2006

Project Emancipation, Published in VC Star, 3/30/05


Project Emancipation

Gang injunctions must not be perpetual

The Oxnard gang injunction trial has come to an end, and the verdict is in the hands of the judge.

Public Defender Neil Quinn and civil rights attorney Gabriella Navarro-Busch have presented a compelling case to challenge the wisdom, constitutionality and effectiveness of the Oxnard injunction. It is my view that their arguments should prevail and the injunction should be rescinded. The injunction was a bad idea to begin with—the brainchild of an overzealous police chief who has since resigned.

Instead, we should devote our energies to providing the full range of educational, health, employment and rehabilitative services that we know can not only dramatically reduce crime rates but also improve the quality of life for all of us.

I was among a group of community activists who attended the injunction trial in Ventura County Superior Court. One interesting thing we observed is that every single person involved in this case was appalled by the extent of violent crime in Oxnard. That includes police officers, district attorney, civil rights activists, relatives of victims and alleged gang members, attorneys for the enjoined individuals, and expert witnesses for both sides. Everyone who set foot in Judge Byssche’s courtroom is strongly committed to reducing the murder and violent crime rate in Oxnard.

Our profound disagreement is not over the goal, but the means of achieving it. The proponents of the injunction have emphasized punitive measures, while the opponents have stressed social services and rehabilitation. We activists have argued that law enforcement must do its job without violating anyone’s civil rights. The district attorney insists, however, that some rights—like freedom of association— are worth circumscribing in pursuit of winning the “war on gangs.”

Despite these diverse approaches and philosophies, and despite the inherent adversarial nature of a trial, I hope we can find some common ground.

One area in which we may get consensus between community groups and law enforcement is Project Emancipation.

Activists for several peace and justice organizations have presented a proposal to the Court that provides a rehabilitative exit from the injunction. The need for such a strategy can be gleaned from District Attorney Karen Wold’s statement in the Star on 3/25/04: "People who are not even born yet can be served with this order 20 years from now.” The Oxnard Police Department’s Q&A on their website has a one-word answer to the question of how long the injunction will last: forever.

If you’re not alarmed, you ought to be. Consider this: Nothing prevents the Oxnard Police Department under current leadership or under whatever leadership it may have ten, twenty or fifty years from now, from jailing citizens for driving home from the movies after 10:00 pm or for crossing the street to visit a neighbor. There is no requirement that such a citizen have a criminal record. Indeed, Californians have already been enjoined by similarly crafted injunctions without ever having been arrested or even having been a suspect in a crime. All the police have to do is document that someone has accused you of being a gang member. A witch hunt? Potentially.

Project Emancipation would establish a rehabilitative alternative to incarceration and eternal surveillance. Enjoined individuals would be offered the opportunity to participate in a community-based program like Oxnard College’s KEYS Leadership Academy. The award-winning KEYS program has been enormously successful with Ventura County’s most challenging youth. KEYS gets at-risk young men and women enrolled in school, gainfully employed and involved in productive community-improvement projects.

The injunction would be temporarily lifted while alleged gang members are enrolled in an approved rehab program like KEYS and permanently lifted upon successful graduation. Respected community organizations like CAUSE and El Concilio, along with representatives from the police and probation departments, would provide oversight for Project Emancipation.

Currently, gang injunctions provide no incentive for enjoined individuals to get a job, go to school or contribute to the community. Project Emancipation does. Even if the injunction is rescinded in Oxnard, Project Emancipation can provide a rehabilitative model for past and future injunctions throughout the state and country.

Can anyone argue that jobs and college credit are not a more desirable outcome than jail?

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