The United States District Court for the District of Kansas denied significant portions of the City of Wichita’s motion to dismiss the class-action lawsuit challenging Wichita’s “Gang List.”

The ruling allows plaintiffs to proceed with their central claims that the gang database itself, as well as WPD’s use of it, is unconstitutional.

The case was filed in April of 2021. The City of Wichita and the police department’s motion to dismiss was filed on July 9, 2021.

Sharon Brett, Legal Director of the ACLU of Kansas, said, “The state statute authorizing WPD’s gang list and the department’s application of it is unconstitutional, discriminatory, and harmful, and we are eager to begin the litigation of this case in earnest. Our clients have been profiled, harassed, and targeted by WPD for years because of their inclusion on this list, and we’re looking forward to putting an end to these practices through this lawsuit.”

The Court preserved all individual procedural due process claims, plaintiffs’ void-for-vagueness claim, and plaintiffs’ claim that WPD policy and statute permitting the gang list to exist is unconstitutional as it infringes on the plaintiffs’ freedom of expression and association protected under the First Amendment.

A press release from the Kansas ACLU says that Wichita community members can currently be placed on the gang list without notice and without committing or being charged with a criminal offense. They added that once an individual is on the list, they have no opportunity to contest their inclusion, which can affect access to jobs and housing.

Attorneys bringing the suit are asking for injunctive and declaratory relief, challenging Kansas law and WPD policy and asking that the City of Wichita immediately cease its use of the Gang List and prohibit the operation of a Gang List in the future.