Police listed him as a Trece gang member and was warned about the city’s new ordinance targeting Trece gang members.
“This is a criminal organization that's been a public nuisance in Ogden,” says Dee Smith, Weber County attorney.
Smith was before the Utah Supreme Court arguing on behalf of the ordinance.
Critics like the ACLU claim the city's anti-gang ordinance is unconstitutional.
Since its adoption numerous Trece gang members who violate have been arrested. And police claim crime rates have dropped over the past three years.
The ordinance prohibits a Trece gang member from meeting another member anywhere in Ogden.
“They can't go downtown in Ogden because if they run into another person who is a gang member and they don't know who he is, if he's in the same vicinity he can be arrested,” says Randy Richards, Aeschlimann’s attorney.
Aeschlimann was never arrested for violating the ordinance but is challenging the creation of the list.
“I was served but I am not a member,” says Aeschlimann. “I have boys that are. Some of my friends from years ago are, but I was never a member.”
The ACLU believes Aeschlimann and others had their civil rights violated. Attorneys for Aeschlimann are asking the Utah Supreme Court to overturn the ordinance.
The justices questioned why all Trece gang behavior such as congregating or painting grafitti was prohibited.
“We know when they're out with spray paint (and) somebody's spraying somebody's house it gets the gang symbol on it,” says Smith. “So that's a precursor to gang activity.”
The justices also questioned why police targeted everyone and not just the trouble makers.
That’s what bothers Aeschliman’s attorney.
“(It’s) clearly overbroad and clearly unconstitutional on many levels,” says Richards.
The justices took the matter under advisement.