Monday, April 27, 2015
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Court overturns LA law that bars living in cars

By
From page A5 | June 20, 2014 |

SAN FRANCISCO — A federal appeals court on Thursday struck down a 31-year-old Los Angeles law that bars people from living in parked vehicles, saying the vaguely written statute discriminates against the homeless and poor.

The ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals involved a 1983 law that prohibits the use of a vehicle “as living quarters either overnight, day-by-day, or otherwise.”

The court said the law was unconstitutional because its ambiguous wording does not make clear what conduct would constitute a violation and “criminalizes innocent behavior.”

The decision came in a case brought on behalf of four people who were cited and arrested in the Venice area by Los Angeles police officers who concluded the numerous belongings in their RVs and cars meant they were violating the law.

“Is it impermissible to eat food in a vehicle? Is it illegal to keep a sleeping bag? Canned food? Books? What about speaking on a cellphone? Or staying in the car to get out of the rain?” Judge Harry Pregerson wrote for the panel. “These are all actions plaintiffs were taking when arrested for violation of the ordinance, all of which are otherwise perfectly legal.”

The officers were part of an LAPD homelessness task force charged with enforcing the ordinance in response from community complaints about people living in their cars.

The panel’s ruling overturned a lower court judge who had sided with the city and dismissed the case without a trial.

Carol Sobel, the lawyer for the three men and one woman who sued to overturn the law in 2011, said Los Angeles’ ban on living in cars was exceptionally broad. One of her clients was cited while waiting outside a church that served meals and another while driving her RV through Venice on her way to sell her work at a local art fair.

Even so, the ruling might force other western cities within the 9th Circuit’s territory to amend statutes that outlaw sleeping in vehicles, Sobel said, citing the city of Palo Alto as an example.

“People living in their vehicles is one of the great unidentified homeless groups in this country – formerly middle-class people who lost everything during the recession and are trying to maintain the appearance of stability so they can go to work,” she said.

Los Angeles City Attorney Mike Feuer, whose office defended the law before the 9th Circuit, said the city would not appeal. Instead, Feuer said he would work with other officials to write a replacement ordinance “that respects both the rights and needs of homeless individuals and protects the quality of life in our neighborhoods.”

“We need to make a break from the past, recognize that the civil and criminal justice systems alone can’t effectively address homelessness, and commit ourselves to grappling with the issues that create homelessness in the first place,” he said.

Pregerson did not make clear in the panel’s opinion what, if anything, city lawmakers could do to make the law pass constitutional muster.

“The city of Los Angeles has many options at its disposal to alleviate the plight and suffering of its homeless citizens,” he wrote. “Selectively preventing the homeless and the poor from using their vehicles for activities many other citizens also conduct in their cars should not be one of those options.”

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | 1 comment

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • JagJune 21, 2014 - 7:52 am

    just put up no parking overnight signs, most of these people don't like to move their cars because of gas, they like to find a spot and sit but if they have to keep moving they will leave the city, San Francisco was trying to work with local churches for parking lots but then that nasty word Insurance got in the way.

    Reply | Report abusive comment
.

Solano News

 
Paint the Town Purple; and Roxie

By Tony Wade | From Page: A2

 
City Coach hosts first block party

By Susan Hiland | From Page: A3

 
Bid Corderos Park, city staff recommends

By Ryan McCarthy | From Page: A3

White minister fought for civil rights in the South

By Amy Maginnis-Honey | From Page: A3, 8 Comments | Gallery

 
Farmers markets herald return of summer

By Susan Hiland | From Page: A3

Denim and Diamonds fundraiser set May 16

By Amy Maginnis-Honey | From Page: A4

 
Crash claims life of Concord teen

By Amy Maginnis-Honey | From Page: A4, 1 Comment

Biz Buzz: Dutch Bros. plans ALS fundraiser

By Susan Hiland | From Page: B7

 
Biz Buzz: Company schedules pasta class

By Susan Hiland | From Page: B7

 
Biz Buzz: NorthBay offers extended hours for primary care

By Kevin W. Green | From Page: B7, 1 Comment | Gallery

 
Biz Buzz: Retail store helps those with autism

By Susan Hiland | From Page: B7

Biz Buzz: Committee schedules contractors breakfast

By Kevin W. Green | From Page: B7

 
Biz Buzz: Budweiser kicks off new parks campaign

By Susan Hiland | From Page: B7

.

US / World

Picture it: A 1,000-year exposure showing a changing Earth

By The Associated Press | From Page: A1

 
Corinthian Colleges to shut down all 28 remaining campuses

By The Associated Press | From Page: A5

No time to lose: Global response to Nepal quake gears up

By The Associated Press | From Page: A5

 
Japan’s prime minister goes to US to showcase close ties

By The Associated Press | From Page: A5

Israel says airstrike on Syrian border targeted militants

By The Associated Press | From Page: A5

 
Family, friends in Baltimore mourn death of arrested man

By The Associated Press | From Page: A5

‘Batman’ killer studied brain disorders before mass murder

By The Associated Press | From Page: A5

 
Image from the quake: Heavy damage in Nepal ancient city

By The Associated Press | From Page: A5

Fighting rages in Yemen’s 3rd-largest city, strikes continue

By The Associated Press | From Page: A5

 
Mountaineers, guides stream from Everest after avalanche

By The Associated Press | From Page: A5

 
Death toll in Nepal quake rises to more than 3,200

By The Associated Press | From Page: A5

Late spring complicates already perilous amphibian migration

By The Associated Press | From Page: A5

 
Quake agony revealed quietly on trip from Nepal airport

By The Associated Press | From Page: A5

 
.

Living

Community Calendar: April 27, 2015

By Susan Hiland | From Page: A2

 
Today in history: Monday, April 27, 2015

By The Associated Press | From Page: A2

Parenting: How to set boundaries on screen time

By The Washington Post | From Page: B5

 
Horoscope: April 28, 2015

By Holiday Mathis | From Page: B5

Horoscope: April 27, 2015

By Holiday Mathis | From Page: A7

 
My husband doesn’t want me to redecorate home he had with first wife

By Kathy Mitchell and Marcy Sugar | From Page: A7

.

Entertainment

TVGrid April 27

By Daily Republic Syndicated Content | From Page: B6

 
TVGrid April 28

By Daily Republic Syndicated Content | From Page: B7

.

Sports

Warriors confident after sweep of Pelicans

By The Associated Press | From Page: B1

 
Giants-Rockies game postponed by rain

By The Associated Press | From Page: B1

 
Justin Rose wins in New Orleans for 7th PGA Tour title

By The Associated Press | From Page: B2

Wall, Beal lead Wiz past Raptors 125-94 in Game 4 for sweep

By The Associated Press | From Page: B2

 
Paul, Clippers even series with 114-105 win over Spurs

By The Associated Press | From Page: B2

 
Ko wins Swinging Skirts for 2nd straight year

By The Associated Press | From Page: B2

Motorcycle rider from Livermore killed in Nevada race

By The Associated Press | From Page: B2

 
Billy Andrade and Joe Durant win Legends of Golf

By The Associated Press | From Page: B2

Cavs sweep Celts as James scores 27 in 101-93 victory

By The Associated Press | From Page: B2

 
It’s here: Fight week begins with Pacquiao caravan to Vegas

By The Associated Press | From Page: B2

American Pharoah completes final pre-Kentucky Derby workout

By The Associated Press | From Page: B2

 
Newgarden claims first IndyCar Series win not far from home

By The Associated Press | From Page: B2

.

Business

.

Obituaries

Elizabeth Cepeda

By Nancy Green | From Page: A4, 1 Comment

 
Kirk Noonan

By Nancy Green | From Page: A4, 3 Comments

Sandra King

By Nancy Green | From Page: A4

 
Janis Ruth (Sefzik) Skinner

By Nancy Green | From Page: A4

.

Comics

Get Fuzzy April 28

By Daily Republic Syndicated Content | From Page: B4

 
Dilbert April 28

By Daily Republic Syndicated Content | From Page: B4

B.C. April 28

By Daily Republic Syndicated Content | From Page: B4

 
Blondie April 28

By Daily Republic Syndicated Content | From Page: B4

Frank and Ernest April 28

By Daily Republic Syndicated Content | From Page: B4

 
Wizard of Id April 28

By Daily Republic Syndicated Content | From Page: B4

Peanuts April 28

By Daily Republic Syndicated Content | From Page: B4

 
Baldo April 28

By Daily Republic Syndicated Content | From Page: B4

Garfield April 28

By Daily Republic Syndicated Content | From Page: B4

 
Beetle Bailey April 28

By Daily Republic Syndicated Content | From Page: B4

For Better or Worse April 28

By Daily Republic Syndicated Content | From Page: B4

 
Sally Forth April 28

By Daily Republic Syndicated Content | From Page: B4

Baby Blues April 28

By Daily Republic Syndicated Content | From Page: B4

 
Zits April 28

By Daily Republic Syndicated Content | From Page: B4

Pickles April 28

By Daily Republic Syndicated Content | From Page: B4

 
Rose is Rose April 28

By Daily Republic Syndicated Content | From Page: B4

Bridge April 28

By Daily Republic Syndicated Content | From Page: B5

 
Cryptoquote April 28

By Daily Republic Syndicated Content | From Page: B5

Word Sleuth April 28

By Daily Republic Syndicated Content | From Page: B5

 
Crossword April 28

By Daily Republic Syndicated Content | From Page: B5

Sudoku April 28

By Daily Republic Syndicated Content | From Page: B5

 
Blondie April 27

By Daily Republic Syndicated Content | From Page: A6

Get Fuzzy April 27

By Daily Republic Syndicated Content | From Page: A6

 
Pickles April 27

By Daily Republic Syndicated Content | From Page: A6

Wizard of Id April 27

By Daily Republic Syndicated Content | From Page: A6

 
Baldo April 27

By Daily Republic Syndicated Content | From Page: A6

Rose is Rose April 27

By Daily Republic Syndicated Content | From Page: A6

 
For Better or Worse April 27

By Daily Republic Syndicated Content | From Page: A6

Zits April 27

By Daily Republic Syndicated Content | From Page: A6

 
Frank and Ernest April 27

By Daily Republic Syndicated Content | From Page: A6

Peanuts April 27

By Daily Republic Syndicated Content | From Page: A6

 
Dilbert April 27

By Daily Republic Syndicated Content | From Page: A6

Baby Blues April 27

By Daily Republic Syndicated Content | From Page: A6

 
Sally Forth April 27

By Daily Republic Syndicated Content | From Page: A6

B.C. April 27

By Daily Republic Syndicated Content | From Page: A6

 
Garfield April 27

By Daily Republic Syndicated Content | From Page: A6

Beetle Bailey April 27

By Daily Republic Syndicated Content | From Page: A6

 
Cryptoquote April 27

By Daily Republic Syndicated Content | From Page: A7

Word Sleuth April 27

By Daily Republic Syndicated Content | From Page: A7

 
Sudoku April 27

By Daily Republic Syndicated Content | From Page: A7

Bridge April 27

By Daily Republic Syndicated Content | From Page: A7

 
Crossword April 27

By Daily Republic Syndicated Content | From Page: A7