San Diego, California – Fish & Richardson, the Law Office of Ann E. Menasche, Disability Rights California, Disability Rights Advocates, Dreher Law Firm, Manfred APC, the National Homelessness Law Center, and the Law Foundation of Silicon Valley have secured a landmark class action settlement that protects San Diego residents who rely on their vehicles as their only form of shelter from unjust enforcement and fines. The settlement marks a significant victory for equitable treatment and support for this vulnerable population while setting a groundbreaking precedent for addressing the needs of unhoused individuals in urban areas.
Plaintiffs, composed of San Diego residents who depend on their vehicles as their only form of shelter, filed a class action lawsuit in 2017 against the City of San Diego challenging the constitutionality of the City’s enforcement of the Vehicle Habitation Ordinance (VHO) and the Oversized Vehicle Ordinance (OVO). The VHO prohibits those living in vehicles from entering most parts of the City, and the OVO penalizes individuals who use their vehicles as their primary form of shelter for parking their vehicles in public lots from 2:00 a.m. to 6:00 a.m.
Plaintiffs argued that these ordinances disproportionately affected unhoused individuals, many of whom have no other viable housing options. The City’s enforcement of these ordinances led to significant hardships, including fines, vehicle impoundments, and ultimately, the devastating loss of the only form of shelter available to these individuals.
The settlement, approved yesterday by U.S. District Court Judge Anthony Battaglia, was reached after more than six years of litigation and at least a year and a half of intensive negotiations with the City of San Diego. The settlement agreement provides substantial relief and policy changes aimed at protecting the rights and dignity of unhoused individuals in San Diego. The settlement includes ticket forgiveness, amendments to law enforcement training, expansion of safe parking programs, and accommodations for individuals with disabilities.
“This settlement is the culmination of years of dedicated effort and unwavering commitment to justice for unhoused individuals in San Diego,” said Fish & Richardson attorney Madelyn McCormick. “Since 2017, we have worked hard with our co-counsel and named plaintiffs to challenge the unfair enforcement of ordinances that penalized those using their vehicles as their only form of shelter. We are proud to have contributed to the work that led to this landmark agreement, which provides immediate relief for those in need. And we remain committed to ensuring that these changes are effectively implemented and continue to provide relief to our unhoused neighbors.”
“It has been an honor to represent such courageous and determined named plaintiffs and class reps, including the two who passed away during the litigation, Michael Bloom and David Wilson. They fought long and hard to improve the lives of their fellow class members and to end the City’s shortsighted policy of punishing unhoused people sheltering in their RVs or other vehicles with fines and arrests for circumstances beyond their control,” said attorney Ann Menasche who co-represented the class. “This settlement marks an important step forward toward treating our unhoused residents with fairness, dignity, and respect while we work together to solve the affordable housing crisis.”
“Though this will not solve all of the issues that the homeless face, it will give some much-needed relief to those of us who need it the most,” said plaintiff Penny Helms. “As a participant in the safe parking program, I am really looking forward to the improvements to the Mission Valley lot. Having electricity, running water, flush toilets, and showers are amenities that housed people take for granted. For those of us living in vehicles – nothing, not even our safety – is taken for granted. This will not only improve our quality of life but also enable those who are able to work to be able to show up clean for interviews and jobs. This is not a handout but a hand up while we work toward finding sustainable housing, which we all know is its own challenge.”
Key Settlement Terms:
Class members will not be subjected to citation and arrest under the VHO for merely sheltering in their vehicles or using their vehicles for transportation.
Ticket forgiveness will relieve class members of thousands of dollars in unpaid tickets, allowing them to avoid towing and to register their vehicles.
The City will expand its Safe Parking Program. Each parking lot will have safe, accessible bathrooms, security, and/or personnel on-site.
The City will not enforce the VHO or OVO by arrest, citation, or ticket when legal parking under the parking lot program is unavailable.
Substantial improvements will be made at the Mission Valley lot for RVs and campers including installing electric hookups, running water, and shade, thereby substantially improving the health and safety of residents.
In addition, the settlement provides $15,000 in damages to each of the nine remaining named plaintiffs and a $7,500 incentive award for each of the seven class representatives for their work advocating for the class. The Court will retain jurisdiction for three years to ensure enforcement of the settlement.
“We are proud to have reached an agreement that not only provides meaningful relief to those affected but also sets a powerful precedent for other cities to follow,” said Tristia Bauman, Directing Attorney at the Law Foundation of Silicon Valley. “This settlement is a significant step forward in our ongoing efforts to protect the rights and dignity of vulnerable populations, ensuring that unhoused individuals receive the support and respect they deserve. It represents a crucial move towards systemic change, addressing the root causes of inequity and fostering a more just society.”
“With a large population of people with disabilities who live in their vehicles, the relief in this case is truly monumental,” said Jameelah Najieb, Staff Attorney at Disability Rights Advocates. “It provides essential resource-based supports, such as ticket forgiveness and expanded safe parking options. These are compassionate and essential measures that help ensure dignity for San Diego’s most vulnerable community members.”
