ALADS lawyers said in court papers that initial interview request and the sheriff's order could put suspect deputies in legal jeopardy -- no matter what action those deputies took in response, and, at risk of losing their jobs, either through the sheriff's disciplinary process or as a result of POST, the state agency that certifies police officers, de-certifying the deputies because of gang ties.
The union attorneys also argued that county had failed to negotiate the requirement for deputies to answer questions about their gang membership, which ALADS said neglected labor rules that prohibit government employers from changing the terms of employment without discussion. Judge Chalfant said at the hearing Thursday he would also consider a 'friend of the court' brief filed by the ACLU of Southern California, that said while there was no imminent harm to deputies by allowing the interviews to proceed, there would be harm to the community if deputy gangs were allowed to persist.
"An injunction in this matter would not preserve the status quo but instead heighten the harms against the community while also undermining municipal and state laws designed to eradicate law enforcement gangs," the ACLU said in its court filing.