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appalachiablue

(41,172 posts)
Sat Aug 25, 2018, 12:42 AM Aug 2018

Judge Orders San Diego To Stop Ticketing Homeless People Living In Vehicles

Source: Los Angeles Times

By David Garrick, San Diego Union-Tribune, 5 hrs. ago.

A federal judge has ordered San Diego to stop ticketing homeless people for living inside vehicles, calling the city’s longtime law prohibiting such behavior too vague for effective enforcement.

The injunction issued by U.S. District Judge Anthony Battaglia on Tuesday is a victory for disabled homeless people living in recreational vehicles who filed suit last year over the law, which they claim is discriminatory.

While the injunction will be in place only until Battaglia makes a ruling in the case, the judge said he expects to eventually rule in favor of the homeless people.

“The court finds plaintiffs have shown a likelihood of success on the merits of their claim that the ordinance is vague because it fails to alert the public what behavior is lawful and what behavior is prohibited,” Battaglia wrote.

He said the vehicle habitation law doesn’t indicate specifically what turns a vehicle into a person’s home or “living quarters,” noting that people have gotten tickets under the law for reading a book inside their vehicle...More...



Read more: https://www.msn.com/en-us/news/us/judge-orders-san-diego-to-stop-ticketing-homeless-people-living-in-vehicles/ar-BBMoqVk



Last year San Diego officials and lawyers for the group of homeless people discussed changes in enforcement that would allow displaced RV owners to park their vehicles somewhere legally. This week’s injunction could allow the two sides to revisit those discussions and come up with a solution.

The group filed a lawsuit that claims the laws illegally prevent disabled homeless people from living and sleeping in recreational vehicles parked overnight on city streets. The overnight parking ordinance, enacted in 2014, prohibits such vehicles from parking on any city street or in any public parking lot between 2 and 6 a.m. While the court sympathizes that this ordinance leaves plaintiffs with nowhere to park between these hours and is decidedly unfair, the law is not ambiguous, unclear or vague in any way,” Battaglia wrote.

Special parking lots were set up last year for homeless overnight parking, but they don’t accept RVs and have far fewer spaces than the estimated 1,000 locals in need. The “safe” lots also require users to apply for slots in local shelters which is impractical for physically disabled people who may struggle with stairs, and those with mental health problems who don’t function well in noisy, overcrowded and unsafe places.

The lawsuit says the laws violate numerous constitutional rights and protections in the Americans with Disabilities Act of 1990. Last June city attorneys argued that the laws are neutral and can’t be challenged under disability discrimination laws because they apply to everyone. Battaglia, however, said that a policy “can violate the Americans with Disabilities Act and Rehabilitation Act if it disparately impacts or places a disproportionate burden on the disabled.”



Residential street in San Diego with one parked recreational vehicle.
6 replies = new reply since forum marked as read
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Judge Orders San Diego To Stop Ticketing Homeless People Living In Vehicles (Original Post) appalachiablue Aug 2018 OP
There is zero affordable housing BigmanPigman Aug 2018 #1
The usual thing, I guess. Igel Aug 2018 #5
There are plenty of low income working people crammed into substandard housing... hunter Aug 2018 #6
We have a lot of people living out of their cars in our neighborhood. C Moon Aug 2018 #2
That's a good thing in a way 2naSalit Aug 2018 #3
Vigorous K&R! Raphe M Aug 2018 #4

Igel

(35,359 posts)
5. The usual thing, I guess.
Sat Aug 25, 2018, 10:49 AM
Aug 2018

Move.

Or deal with long commutes.

Or live in substandard, affordable housing.

Or, if single, do what was common when I was a lot younger: Find a roommate to share costs. Where I live now people think that's insane, but when apt. prices are about the same as mortgage + escrow on a smallish house, having a roomie is a good idea. Thing is, most of the young adults I know assume everybody else is a thief, dishonest, etc. They really distrust their peers, except for their closest friends. (But we've known social trust has been declining for a long time, and I rather assumed it formed a age-based demographic wedge, like linguistic change or nearly any other behavioral change.)

One odd bit of research looked at housing prices and commuting times/costs in and near London. I guess this must have been in the '80s, maybe early '90s. It found that housing + commuting was pretty much a constant. The farther from the City, the cheaper the housing but the more expensive the commute (putting in some value for time), and the decrease in one balanced the increase in the other.

hunter

(38,328 posts)
6. There are plenty of low income working people crammed into substandard housing...
Sat Aug 25, 2018, 05:41 PM
Aug 2018

... owned by slumlords willing to exploit them.

The problem is not that people refuse to share homes and apartments.

It's a common arrangement in many places for entire families to live in one room, even for unrelated working people to share individual rooms. You see a lot of that in California's Silicon Valley; young unmarried engineers and techs living college dorm room style, six or more of them in a three bedroom house.

I live in a neighborhood where multi-generational families are becoming common. All the adults in the house work full time but the younger people can't afford their own apartments, or daycare for their children, so they move in with parents or grandparents. It causes parking problems in the street when every family has four or five cars and the garage is being used as an informal family room or workshop because the home's actual family room has become a bedroom. It also seems increasingly common to have cousins, nephews, nieces, and elderly aunts and uncles contributing to the mortgage or rent.

My own kids didn't bounce back home after they'd graduated from college but they didn't return to our city either. The rents here are absurdly high but wages haven't risen in proportion.






C Moon

(12,221 posts)
2. We have a lot of people living out of their cars in our neighborhood.
Sat Aug 25, 2018, 02:26 AM
Aug 2018

It's very sad. I know they don't want to live that way. The issue I have with them parking on neighborhood streets is that some of them dump their waste into the bushes. It's really bad. Believe me.

We need our middle-class back.
I hope we can vote in a Congress, Senate and President who can put us back together.
I believe we're ready now.

2naSalit

(86,790 posts)
3. That's a good thing in a way
Sat Aug 25, 2018, 02:27 AM
Aug 2018

and sort of not but the "not" is the fault of the conservatives who live and vote there.

I was there in June and went to the beach with my sister who lives in San Diego. All the dog beaches and free parking lots along the jetties were packed with RVs and cars, homeless gatherings. At the time I had just gone indoors after being homeless myself so I was curious about it, I lived in a vehicle too and was hard pressed to find a safe place to park at night. So I am glad that they are going to see relief from tickets at lest. I used to drive semis down there, they don't have truck stops, in a place with a population that large. Those are often places to park overnight if you don't go there every night.

The negative is that many will choose to park in places that aren't appropriate and it could get even more crowded in residential areas and that could get ugly. appearances are everything there. Those who don't have vehicles can often be found along the river in the willows, in the islands at on/off ramps along the freeways - seriously, all along the edges of Balboa Park. Homelessness in San Diego has increased exponentially and getting worse thanks to their politics. This ugly part might eventually force them to do something more humane, but it will have to impact them in an unacceptable way to make them decide to go there.


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