Judge weighs injunction on RV parking restriction

By Gary Warth

July 26, 2018 4:15 PM PT

San Diego —

A federal judge is considering a request to temporarily lift a ban against people living in vehicles as well as restrictions on the hours large vehicles can park on San Diego streets following a hearing Thursday.

A class-action lawsuit filed in federal court in November by 11 homeless people argues that the city’s restriction against living in vehicles is vague and the restriction on parking large vehicles on the street is unconstitutional because it unfairly targets homeless people.

With the case proceeding, attorneys for the plaintiffs argued for a temporary injunction against enforcement of the laws before Judge Anthony Battaglia on Thursday.

Battaglia said he had concerns that lifting a citywide ban on parking on streets between 2 a.m. and 6 a.m. could open a Pandora’s box, meaning many recreational vehicle owners might take their RVs out of private lots and park them for free on the street.

Plaintiff’s attorney Geoff Biegler argued that the city could come up with more narrow laws to address problems with RVs and other oversized vehicles on the street.

Kathy Steinman, the attorney representing the city, asked the judge to delay a decision on the injunction request because the city is working with a nonprofit to create a parking lot where people in RVs could safely park at night without violating the law.

At the end of the Thursday hearing, Battaglia said both sides have given him many facts to consider, and he would have a decision as soon as possible after some deliberation.

The lawsuit was filed by Disability Rights California, the National Law Center on Homelessness and Poverty, the Dreher Law Firm and other legal groups.

Ann Menasche, senior attorney with Disability Rights California, said after the hearing that she did not think the city’s plan to create a safe parking lot for RVs would solve the problem because it probably would not be large enough to accommodate the many homeless people who live in RVs.

Denise Friedman, a member of the board of directors for the Pacific Beach Town Council, attended the hearing and said afterward that the parking restriction against large vehicles on the street between 2 a.m. and 6 a.m. had helped the community..

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