On Tuesday, February 5, the city Council of San Diego unanimously voted to repeal the law, according to which 35 people were forbidden to live in vehicles. Supporters of repeal hope that it will be a key step to the cessation of criminal prosecution of the homeless.
Board member Chris ward stated that this is only part of a number of other projects that the city authorities are trying to turn into laws. He meant safe Parking, storage areas and temporary shelters, which the city recently opened for the homeless. Ward added that the city needs to do more to provide permanent housing for the homeless. But at the moment, permission to live in their cars is a reasonable temporary measure. Of course, a member of the Council considers that it is necessary to improve the living conditions of the homeless, because to live in a car as difficult and dangerous as on the street.
Council member mark Kersey described the permission to live in their cars as the «lesser of two evils». He said that this is certainly not the final solution to the crisis facing the city. But in 100% of cases kersee would prefer that someone slept in the car, not on the sidewalk.
@sdut: San Diego repeals law prohibiting homeless people from living in cars. “It’s certainly not a permanent solution to the crisis… .» But 100 percent of the time, I’d rather have someone sleeping in a car than on the sidewalk,” @markkersey https://t.co/JowLB0BbSr pic.twitter.com/rMSO77QPI7
— Salvatore Giametta (@SalGiametta) February 6, 2019
Council members said the law, first adopted in 1983, has outlived its usefulness. The Council vote took place after more than 12 the homeless who live in their cars, confirmed that the law, as well as fines and a criminal record, who accompanied him, was a serious burden. During the last count of homeless in the city, the volunteers who conducted the census, found more than 800 people living in cars.
The abolition of the law occurred 6 months after a Federal court ordered the city stopped writing tickets to homeless people. The court stated that it is unconstitutional, because the law is too ambiguous.
U.S. district judge Anthony Battaglia noted that the law does not specifically state that it turns the vehicle to the house or «dwelling». He cited the example of cases where, under the law, people received fines even while reading books in his car.
Battaglia adopted a resolution to repeal the law in response to the lawsuit on behalf of homeless persons with disabilities. They prefer to live in vehicles because they are not very comfortable in regular homeless shelters.
