OGDEN — A convicted Trece gang member has filed an appeal with the U.S. Supreme Court, challenging his prosecution and the constitutionality of Ogden’s Trece gang injunction.
Isaac Rader last spring was one of the first prosecuted under the injunction that limits the activities of the city’s oldest gang.
Enacted in September 2010, the injunciton bans Trece members from associating together in public, being in the vicinity of drugs, alcohol or firearms and sets an 11 p.m. curfew for the gang.
The injunction filed by the Weber County Attorney’s Office is the first in Utah, and one of few in use in the country, following California’s lead.
Rader was prosecuted for violating the injunction, a class B misdemeanor, in Ogden Justice Court, where he was fined and briefly jailed.
Attorney Mike Studebaker has appealed Rader’s case and challenged the injunction, so far unsuccessfully, in Ogden’s 2nd District Court, the Utah Court of Appeals and the Utah Supreme Court.
Studebaker’s Petition for Writ of Certiorari asking the U.S. high court to hear the case, was mailed Tuesday. Granting the writ would mean the court would hear the case.
The appeal claims First Amendment and Fourth Amendment violations of free speech and search and seizure protections, respectively.