After much thought of the reasoning behind N30 eviction, I spoke to an LAPD employee who told me that the City Attorney placed a restraining order on the Occupiers. Using the gang injunction model, LAPD had evicted members of Occupy Wall Street and possibly other cities used the same injunction statewide: In California, a criminal street gang is defined as any organization, association or group of three or more persons, whether formal or informal, which (1) has continuity of purpose, (2) seeks a group identity, and (3) has members who individually or collectively engage in or have engaged in a pattern of criminal activity.
Yes there were crimes: Theft, burglary and rape committed by and on the Occupiers:
The Occupy movement claims to represent the "99 percent," but blogger Tina Dupuy say's she's visited protests in eight cities and found Occupy groups inordinately composed of men. "I'm called 'that white bitch who gets everything she wants' at the GA's [general assemblies]," said one 21-year-old female protester at Occupy L.A. Rapes were reported at protests in New York and Baltimore, and a man was arrested in Los Angeles for trying to light a woman's hair on fire. The Occupy gender gap doesn't reflect the movement's view of women, but it's curious that it's had trouble drawing many to its ranks. At Occupy L.A., the question of how to get the girls involved comes up nearly every night. (Dupuy, 2011)
So the District Attorney may have used the State’s gang injunction law upon OWSLA. Doing so may have been legal.
In 1997, the case of People ex rel Gallo v Carlos Acuna  challenged the constitutionality of gang injunctions. Lower courts had held that provisions disallowing gang members to associate with one another violated their first amendment right to free assembly. However, the Supreme Court of California upheld the constitutionality of the use of gang injunctions, finding that gang activity fell under the definition of a public nuisance. Nonetheless, a dissenting opinion authored by Justice Stanley Mosk warned that "The majority would permit our cities to close off entire neighborhoods to Latino youths who have done nothing more than dress in blue or black clothing or associate with others who do so; they would authorize criminal penalties for ordinary, nondisruptive acts of walking or driving through a residential neighborhood with a relative or a friend." In a similar case, the 1999 case of Chicago v. Morales  against a 1992 anti-"Congregation Ordinance" in Chicago resulted in the U.S. Supreme Court upholding the Illinois Supreme Court's ruling that the ordinance violated due process and arbitrarily restricted personal liberties. ("Gang injunction," 2011)
So the application of the injunction was used according to the LAPD source and the N30 arrest was legal…well the letter of the law.
When the federal hearing for the restraining order was sought (in Los Angeles) and eventually ignored, it was ignored because the gang injunction was found to be legal. As California states what a “gang” is, the federal magistrate had no choice but to agree with the state’s definition of a gang. What Occupy Los Angeles failed to fulfill was that Occupy Los Angeles is NOT a gang but a grassroots organization. Gangs are not…per se.
So in order to overturn any of the lawsuits against OWSLA, OWSLA must reaffirm in their charter that they are not a gang according to the definition of a gang and the injunction does not apply.
Dupuy, T. (2011, Nov 21). Occupy movement's woman problem. Retrieved from http://www.theatlantic.com/politics/archive/2011/11/the-occupy-movements...
Gang injunction. (2011, May 09).Retrieved from http://en.wikipedia.org/wiki/Gang_injunction