SALT LAKE CITY -- The Utah Supreme Court refused to block a preliminary injunction labeling Ogden's oldest street gang a public nuisance.
The high court heard arguments Oct. 25 on Ogden Trece's motion to lift the injunction, pending arguments on its constitutionality. The injunction ordered into law Sept. 27 by 2nd District Judge Ernie Jones bans gang members from associating in public, being in the vicinity of guns, drugs an alcohol, or staying out past an 11 p.m. curfew.
In a one-paragraph, three-sentence order signed by Associate Justice Matthew Durrant and released today by state courts spokeswoman Nancy Volmer, the justices simply said a request for a stay of the injunction was denied.
They did not rule on any of the arguments filed by the Weber County Attorney's Office or lawyers for Trece including the ACLU of Utah.
The case now returns to 2nd District Court with oral arguments scheduled Nov. 9 before Jones on basically the same motions raising constitutional questions.
The injunction has so far brought only a handful of arrests as police work first to individually serve the injunction personally on gang members, estimated to number between 330 and 485.