diy henna tattoo with eyeliner | Federal court strikes down gang injunction used by police

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SAN FRANCISCO — A federal appeals court on Tuesday struck a blow against widely used gang injunctions, ruling that a sweeping Orange County ban cannot be applied to dozens of people because it gave them no way to challenge claims that they were gang members.

The 9th U.S Circuit Court of Appeals said the 2009 injunction granted by a state court against alleged

members or associates of the Orange Varrio Cypress gang was extraordinarily broad, impinging on constitutional liberties and everyday activities, and that there was a "considerable" risk of error in identifying alleged gang members.

"The OCDA and other law enforcement agencies can no longer go behind closed doors and unilaterally decide who is a gang member," said Belinda Escobosa Helzer, director of the Orange County office of the American Civil Liberties Union of Southern California, which filed a lawsuit over the injunction.

A call to the county district attorneys office was not immediately returned after hours Tuesday.

Gang injunctions have been used in California since at least 1987 to curb street gang activities by obtaining public nuisance injunctions that prevent reputed gang members from various activities in their gang territories, ranging from drug-dealing and shootings to simply gathering together.

The use of gang injunctions has proliferated across the nation and even overseas.

Advocates argue that the injunctions have reduced gang crime while opponents say they cast too wide a net and unfairly brand young men as gang members without due process.

As with many other orders, the Orange County injunction barred suspected members of the gang from associating in public, wearing gang clothing or being out late at night within an area of Orange that was deemed the gangs territory.

In its ruling, the appellate court said the injunction "profoundly implicates" and interferes with liberties such as the rights of free movement, association and speech. It noted that the injunction was permanent and its prohibitions had no exceptions for those named to attend religious services, take part in political demonstrations, or even associate with some family members at parks, libraries or churches within certain areas.

It cited the lower courts finding that in one case, the mother of two brothers had to decide whether they could visit their grandfather in a hospital after he had a stroke.

The appellate courts ruling, however, honed in on a unique issue in the Orange County case: Prosecutors dismissed 62 people from the injunction after they challenged their inclusion in the temporary injunction.
However, those people were nonetheless named in the permanent injunction.

The appellate court agreed with a portion of the lower court ruling that barred enforcement of the injunction against the people who had been dismissed from the temporary injunction.


"Todays ruling recognizes that determining who is and isnt a gang member isnt always easy, and police and prosecutors can get it wrong. Thats why the Constitution doesnt leave it up to the whim of the government, but gives someone accused of being a gang member the right to be heard before his or her basic freedoms are restricted," said Joseph Ybarra, partner with the law firm of Munger Tolles & Olson LLP, which took part in the suit.

Source: Police One

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easy diy tattoo designs | Happy Veterans Day

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Veterans Day is a day of remembrance, honor and respect for men and women who served our country. While each of us may respect veterans in our own way, we would love to know what this day means to you.

World War I – known at the time as “The Great War” - officially ended when the Treaty of Versailles was signed on June 28, 1919, in the Palace of Versailles outside the town of Versailles, France. However, fighting ceased seven months earlier when an armistice, or temporary cessation of hostilities, between the Allied nations and Germany went into effect on the eleventh hour of the eleventh day of the eleventh month. For that reason, November 11, 1918, is generally regarded as the end of “the war to end all wars.”

Soldiers of the 353rd Infantry near a church at Stenay, Meuse in France, wait for the end of hostilities.  This photo was taken at 10:58 a.m., on November 11, 1918, two minutes before the armistice ending World War I went into effect

In November 1919, President Wilson proclaimed November 11 as the first commemoration of Armistice Day with the following words: "To us in America, the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country’s service and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of the nations…"

The original concept for the celebration was for a day observed with parades and public meetings and a brief suspension of business beginning at 11:00 a.m.

The United States Congress officially recognized the end of World War I when it passed a concurrent resolution on June 4, 1926, with these words:

Whereas the 11th of November 1918, marked the cessation of the most destructive, sanguinary, and far reaching war in human annals and the resumption by the people of the United States of peaceful relations with other nations, which we hope may never again be severed, and

Whereas it is fitting that the recurring anniversary of this date should be commemorated with thanksgiving and prayer and exercises designed to perpetuate peace through good will and mutual understanding between nations; and

Whereas the legislatures of twenty-seven of our States have already declared November 11 to be a legal holiday: Therefore be it Resolved by the Senate (the House of Representatives concurring), that the President of the United States is requested to issue a proclamation calling upon the officials to display the flag of the United States on all Government buildings on November 11 and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies of friendly relations with all other peoples.

An Act (52 Stat. 351; 5 U. S. Code, Sec. 87a) approved May 13, 1938, made the 11th of November in each year a legal holiday—a day to be dedicated to the cause of world peace and to be thereafter celebrated and known as "Armistice Day." Armistice Day was primarily a day set aside to honor veterans of World War I, but in 1954, after World War II had required the greatest mobilization of soldiers, sailors, Marines and airmen in the Nation’s history; after American forces had fought aggression in Korea, the 83rd Congress, at the urging of the veterans service organizations, amended the Act of 1938 by striking out the word "Armistice" and inserting in its place the word "Veterans." With the approval of this legislation (Public Law 380) on June 1, 1954, November 11th became a day to honor American veterans of all wars.

Later that same year, on October 8th, President Dwight D. Eisenhower issued the first "Veterans Day Proclamation" which stated: "In order to insure proper and widespread observance of this anniversary, all veterans, all veterans organizations, and the entire citizenry will wish to join hands in the common purpose. Toward this end, I am designating the Administrator of Veterans Affairs as Chairman of a Veterans Day National Committee, which shall include such other persons as the Chairman may select, and which will coordinate at the national level necessary planning for the observance. I am also requesting the heads of all departments and agencies of the Executive branch of the Government to assist the National Committee in every way possible."

President Eisenhower signing HR7786, changing Armistice Day to Veterans Day. From left: Alvin J. King, Wayne Richards, Arthur J. Connell, John T. Nation, Edward Rees, Richard L. Trombla, Howard W. Watts 

On that same day, President Eisenhower sent a letter to the Honorable Harvey V. Higley, Administrator of Veterans Affairs (VA), designating him as Chairman of the Veterans Day National Committee.

In 1958, the White House advised VAs General Counsel that the 1954 designation of the VA Administrator as Chairman of the Veterans Day National Committee applied to all subsequent VA Administrators. Since March 1989 when VA was elevated to a cabinet level department, the Secretary of Veterans Affairs has served as the committees chairman.

The Uniform Holiday Bill (Public Law 90-363 (82 Stat. 250)) was signed on June 28, 1968, and was intended to ensure three-day weekends for Federal employees by celebrating four national holidays on Mondays: Washingtons Birthday, Memorial Day, Veterans Day, and Columbus Day. It was thought that these extended weekends would encourage travel, recreational and cultural activities and stimulate greater industrial and commercial production. Many states did not agree with this decision and continued to celebrate the holidays on their original dates.

The first Veterans Day under the new law was observed with much confusion on October 25, 1971. It was quite apparent that the commemoration of this day was a matter of historic and patriotic significance to a great number of our citizens, and so on September 20th, 1975, President Gerald R. Ford signed Public Law 94-97 (89 Stat. 479), which returned the annual observance of Veterans Day to its original date of November 11, beginning in 1978. This action supported the desires of the overwhelming majority of state legislatures, all major veterans service organizations and the American people.

Veterans Day continues to be observed on November 11, regardless of what day of the week on which it falls. The restoration of the observance of Veterans Day to November 11 not only preserves the historical significance of the date, but helps focus attention on the important purpose of Veterans Day: A celebration to honor Americas veterans for their patriotism, love of country, and willingness to serve and sacrifice for the common good.

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