A federal judge has refused to toss out a lawsuit from two Utah men who say they were falsely labeled as gang members under sweeping city rules that forbid alleged members of an Ogden street gang from being seen together in public.
U.S. District Judge Clark Waddoups sided with the American Civil Liberties Union of Utah in the Monday ruling. The ALCU says Ogden’s gang injunction was extreme and violated First Amendment rights.
Weber County prosecutors had asked for the suit to be dismissed, arguing the rules aren’t on the books anymore because the gang injunction has already been overturned by the Utah Supreme Court.