Kane County And Gangs: If You Can't Beat 'Em, Sue 'Em

By Marcus Gilmer in News on Sep 15, 2010 3:20PM

While authorities in Chicago have shown a knack for how not to handle feuds with street gangs, authorities in Kane County are going a different route: a civil lawsuit. No, really. Since the police can't seem to keep them in check, they've decided to throw THE POWER OF LITIGATION at them. The Kane County State’s Attorney’s Office has filed a civil lawsuit against 79 members of a particular Elgin street gang they hope will legally prevent the gang members from, well, being gang members. According to WBBM 780:

The complaint seeks a court injunction prohibiting those identified by Elgin police as gang members from engaging in any acts considered to be “gang-related” — including gathering in public with other gang members, displaying gang signs, shouting gang slogans, attempting to recruit new members and violating curfew laws.

If the injunction is granted, a defendant who is then seen hanging out with other gang members would immediately be charged with unlawful contact with a known street gang member, a misdemeanor offense, and subject to being searched, according to the state’s attorney’s office.

Aw, snap! Yall just been hit with standard of proof! If convicted, the violators could face up to a year in jail. State's Attorney John Barsanti said, "The city of Elgin is extremely excited about this. I completely understand its usefulness." The lawsuit it self covers very specific criminal acts. From The Daily Herald:

The lawsuit refers to eight specific crimes it alleges were committed by members of the gang between 1998 and 2008, including two murders, aggravated batteries with firearms, aggravated unlawful use of weapons by felons, aggravated discharge of a firearm, and aggravated battery and mob action.

The original complaint named 350 alleged gang members but due to logistics was scaled back. In a two-day operation last week, authorities handed out the subpoenas. A hearing is scheduled for October 4; no word yet if any of the subpoenaed, alleged gang members have retained Maurice Levy to represent them. This isn't the first time such action has been taken. Using the Illinois Streetgang Terrorism Omnibus Prevention Act (1993), Boone County did something similar last year and DuPage County has done it multiple times.