Paragraph (1)(e) of the preliminary injunction prohibits, “Without a prescription, (1) selling, possessing, or using any controlled substance or related paraphernalia, including but not limited to rolling papers and pipes used for illegal drug use, (2) knowingly remaining in the presence of anyone selling, possessing, or using any controlled substance or such related paraphernalia, or (3) knowingly remaining in the presence of any controlled substance or such related paraphernalia.”
Defendants contend this provision is unnecessarily broad, especially in light of the fact there is no evidence indicating the use or sale of controlled substances is a problem in the Safety Zone, is an activity of the Broderick Boys, or is in furtherance of Broderick Boys interests. Defendants argue “controlled substance” includes prescription drugs used to treat common medical conditions. Therefore, they argue, the provision would prohibit gang members from entering any store where prescription drugs are sold and would prohibit gang members from being in the presence of a relative or friend who is legally in possession of prescription drugs.
Plaintiff counters that, read in context, paragraph (1)(e) “is a prohibition on selling, possessing, or using of [sic] illegal drugs or paraphernalia, knowingly being around someone who is, or knowingly remaining in the presence of illegal drugs or paraphernalia.” Plaintiff argues this follows from the fact the first three words of the provision, “Without a prescription,” apply to all three clauses within.