Nine plaintiffs who filed a class action lawsuit against the city of San Diego after being ticketed for living in their vehicles are inching closer to reaching a settlement agreement.
“The idea is that people should not be punished for circumstances beyond their control,” Ann Menasche, the lead attorney said.
The lawsuit challenged two city of San Diego ordinances, the Vehicle Habitation Ordinance and the Oversized Vehicle Ordinance.
The Vehicle Habitation Ordinance prohibits people from living in their vehicle on any street or public property between 9 p.m. and 6 a.m. and also bans people living in their vehicles from parking within 500 feet of a residence or school at any time.
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On Monday, a settlement was reached between in the site that will place restrictions on the two ordinances.
“If you’re just living in your vehicle, you should not have a problem with the VHO, if you’re a law-abiding person," Menasche said. "In addition, it won’t be enforced for using the vehicle for transportation, and if there’s no place at night to park, that’s reasonably available to you, it can’t be enforced as well. The OVO is also being restricted and it can’t be enforced if there aren’t any reasonable options available for you."
Under the settlement, the city also has give people a chance to relocate before ticketing them. Additionally, the city has agreed to expand and improve its designated parking program in Mission Valley by adding running water, showers, electric hookups, and improved lighting and shade.
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The moves come as a relief for Penny Helms, who said those improvements are needed.
“I sleep with a CPAP [which helps keep airways open during sleep], so I won’t have to worry about my CPAP going off in the middle of the night,” Helms said.
The city said the cost of the improvements to the Safe Parking Lot should not exceed $900,000.
“I’m really happy that we’re finally reaching the settlement, and hopefully everything works out well and it improves the lives of all of us in the lot,” Helms said.
A motion has been filed for a preliminary approval of the settlement; that process could take 5-6 months.
