According to a report, a federal judge has been told by Los Angeles officials that a law prohibiting homeless people from parking their recreational vehicles overnight at certain locations is not being enforced.
While not addressing the constitutional issues, U.S. District Judge David O. Carter declined to issue a preliminary injunction against the law as long as the moratorium remains in effect.
The lawsuit, filed on behalf of a class represented by a woman who lives in an RV in Venice, contends that a 1986 law allowing the city to designate streets where large vehicles cannot be parked overnight violates homeless people’s rights under the 8th and 14th amendments to the Constitution.
In a January memorandum, Seleta J. Reynolds, general manager of the Los Angeles Department of Transportation, stated that LADOT would not impound or tow any vehicle that was occupied and that parking enforcement officers must make a dwelling assessment to determine if the vehicle is being used as a residence.
The City Council suspended the ticketing and towing oversized vehicles as part of its coronavirus response. Enforcement was resumed by the City Council in October, but the memo stated that an exception was made for occupied vehicles.
Stephen Yagman was the civil rights attorney that filed the lawsuit. He said he didn’t consider the ruling a defeat, as it leaves the case open for the city to resume enforcement of the law.
Yagman stated Thursday that he had amended his complaint alleging fraud that parking restrictions are being placed by the city, that aren’t enforced.
Carter has also filed a motion asking Carter for an order to the city to remove no-parking signs, as long as it is not being enforced, and to give him 60 days’ notice before resuming enforcement.
Yagman called it “deceitful” and “sleazy” to continue posting parking restrictions in the city, “while hiding the fact that they weren’t enforcing no parking signs.”
He suggested that he might hire college students to distribute flyers informing homeless persons about parking restrictions.