Homeless advocates have secured a class-action settlement protecting San Diego residents relying on their vehicles as their only form of shelter from unjust enforcement and fines.

The settlement, approved by U.S. District Court Judge Anthony Battaglia on Oct. 10, provides substantial relief and policy changes aimed at protecting the rights and dignity of unhoused individuals.

The settlement includes ticket forgiveness, amendments to law enforcement training, expansion of safe parking programs, and accommodations for individuals with disabilities.

Plaintiffs, composed of San Diegans living out of their vehicles, filed a class-action lawsuit in 2017 against the City challenging the constitutionality of the City’s enforcement of the Vehicle Habitation Ordinance and the Oversized Vehicle Ordinance. The VHO prohibits those living in vehicles from entering most parts of the City, while the OVO penalizes individuals using their vehicles as their primary form of shelter for parking their vehicles in public lots between 2 and 6 a.m.

Disability rights and homeless advocates praised the class-action settlement characterizing it as a legal landmark.

“This result came after almost seven years of litigation and 1 ½ years of intensive negotiations,” said disability rights attorney Ann E. Menasche. “Those in San Diego who have no choice but to shelter in their vehicles will no longer be penalized and treated as criminals under the VHO for merely using their vehicle for shelter. They will no longer receive tickets under the OVO for parking their RV, camper, or trailer between 2 and 6 a.m. when they have no other place reasonably available to them to park at night. And they will receive thousands of dollars in ticket forgiveness.”

“This settlement represents a pivotal moment in our seven-year fight for justice for San Diego’s unhoused community,” said Fish & Richardson attorney Madelyn McCormick. “We’ve successfully challenged the unfair enforcement of ordinances that disproportionately affect those who rely on their vehicles as their only form of housing. This settlement is more than just a routine case outcome. It’s a step towards a more compassionate approach to helping, rather than penalizing, those impacted by the housing crisis.”

Andrew Sharp, director of communications for City Attorney Mara Elliott, noted the City Council approved the settlement agreement in January, while both sides submitted it to the court in February. He pointed out the City began holding public meetings on the settlement at least as far back as April. He added the plaintiff’s main attorney, Ann Menasche, has been conducting settlement community information sessions since the spring.

“This settlement is a positive step forward for the City,” said Sharp. “It allows us to enforce the oversized vehicle and vehicle habitation parking bans as long as there is space available in a safe parking lot, providing neighbors with the level of neighborhood services they deserve. In addition, this measure will result in more unhoused individuals finding the support they need through the Safe Lot Program. Finally, this settlement envisions future clarity from the Supreme Court on the appropriate measures cities may take to provide a safe and healthy environment for all residents.”

Plaintiffs argued the City’s enforcement of VHO and OVO ordinances disproportionately affected unhoused individuals, many of whom have no other viable housing options. The claimed enforcement led to significant hardships, including fines, vehicle impoundments, and ultimately, the devastating loss of the only form of shelter available to them.

Disability Rights Advocates, Disability Rights California, Dreher Law Firm, Fish & Richardson, the Law Foundation of Silicon Valley, the Law Office of Ann E. Menasche, Manfred APC, and the National Homelessness Law Center all participated in representing the plaintiffs in the class-action settlement.

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.

– 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.

– Read the settlement agreement y read the court’s order granting motion for final approval of class action settlement.