Attorney general weighs in on anti-gang laws

SUNNYSIDE, Wash. – An unofficial opinion by the state attorney general’s office shows that cities in the Yakima Valley may have to retool their recent anti-gang ordinances, but the opinion did not resolve whether the efforts are constitutional.

Yakima, Union Gap and Grandview all approved anti-gang ordinances after the community of Sunnyside, about 30 miles southeast of Yakima, approved a new ordinance aimed at cracking down on gang activity.

The Sunnyside ordinance defines a criminal street gang as a group with a leader, an identifiable name and three or more members that takes part in criminal activities. The law also makes it a crime to recruit gang members and loiter in public places.

The American Civil Liberties Union raised concerns about the constitutionality of the ordinance, and the state was asked to weigh in on the matter.

The informal opinion does not clearly resolve the question of whether such ordinances would survive a legal challenge.

“Based on the case law, it cannot be stated with certainty what action a court might take regarding the provisions in question,” the opinion said.

However, the opinion continued, the ordinance definitions of “criminal street gang” and “criminal gang activity” might be found unconstitutionally overbroad.

Sunnyside City Attorney Mark Kunkler said the opinion will be helpful as the city works to hone its new ordinance. The opinion doesn’t say the ordinance itself is unconstitutional, but points out a few areas that could be more specific, he said.

“It affirms we’re on solid ground,” Kunkler said.

Regardless of the opinion, Sunnyside’s efforts have sparked a discussion that has brought together police, prosecutors, legislators and school officials to discuss the important issue of combating gangs, Sunnyside police Chief Ed Radder said.

State legislators have also formed a task force to develop a statewide approach to anti-gang laws.

“There’s just been a tremendous amount of dialogue going on,” Radder said. “If this ordinance accomplishes nothing but that dialogue, it will have been successful, but I think there’s probably going to be interest in some sort of legislation – probably at the state level.”

State Rep. Bill Hinkle, R-Cle Elum, who requested the state’s review at Sunnyside officials’ urging, agreed the legal opinion was not a setback.

“It was favorable in the respect that it was a tool that could be used,” Hinkle said. “We’re not done going over it.”