Suffolk judge allows NYCLU to join gang case

No matter what happens in Suffolk County's novel attempt to bar 37 men from associating with each other in certain parts of Wyandanch, a judge said his decision could ultimately affect hundreds of thousands of people across the state.

For that reason, Acting State Supreme Court Justice Jeffrey Arlen Spinner Wednesday took the unusual step of allowing the New York Civil Liberties Union to take part in the civil proceeding between the county and the men.

"Under these circumstances, the New York Civil Liberties Union's expertise would be potentially helpful to the court," Spinner said. He added that the county's proposal, which is designed to prevent the Bloods street gang from dealing drugs and committing other crimes, could seriously affect other residents' constitutional rights to assemble, to be guaranteed due process under the law and otherwise move about freely.

"This is a unique situation," he said. "Any decision will have an impact far beyond those here in this courtroom."

Spinner will conduct a hearing that will last several days. If he grants the county's request, the 37 men who it claims are Bloods members will be served with injunctions ordering them not to be in each other's presence within certain areas. If they violate that injunction, they could be arrested and charged with contempt of court.

"We are dealing with the very core of being Americans -- the Constitution of the United States," said attorney Frederick Brewington of Hempstead, who represents three of the men and supported the NYCLU participating.

He and Corey Stoughton, a staff attorney for the NYCLU, said the county is using civil law to create a new crime. Stoughton argued that the potential to affect people's rights was so unusual and so broad that her group ought to participate as a neutral party.

County Attorney Christine Malafi said that was unnecessary.

"The county has brought this proceeding in this novel manner to combat the gang problem that has overtaken parts of this county," she said. "We have taken great pains to protect the constitutionality of our proceeding."

Assistant County Attorney Drew Schirmer said he doubted that Brewington and his office would leave any issues unexplored. Spinner wasn't so sure, however.

The hearing will resume Friday, with testimony about whether the 37 men were properly served with notices about the hearing. Brewington noted that only five of them came to court Wednesday, suggesting that many may not even know that the county is seeking to keep them from congregating with each other in Wyandanch.