Ogden wants lawsuit over gang restraining orders tossed

Posted at 4:03 PM, Mar 19, 2015
and last updated 2015-03-19 18:04:58-04

OGDEN — Lawyers for Weber County and the City of Ogden are asking a judge to dismiss a potential class-action lawsuit filed on behalf of alleged gang members served with a series of restraining orders.

The restraining orders were served as a part of a crackdown by Ogden police in 2010 on members of the Ogden Trece gang, prohibiting alleged members from associating with each other within city limits. It also set a curfew for them to be off the streets. Ogden police insisted the injunctions helped cut crime.

The alleged gang members claimed the injunctions violated their First Amendment right to free association. The Utah Supreme Court overturned the injunctions in 2013. The ACLU of Utah is now suing on behalf of one of those arrested, Daniel Lucero, and seeking to have the case expanded to a class action lawsuit.

In a court filing obtained by FOX 13, attorneys for the city and county claim the statute of limitations has expired and Lucero never appealed his original conviction for violating the restraining orders.

Read the filing here: