Tuesday, July 3, 2012

LOCAL: Prohibiting Sleeping in Vehicles Ruled Unconstitutional

July 3, 2012
A San Luis Obispo County Superior Court judge just issued a ruling against the City of SLO stating that the enforcement of regulations prohibiting people from sleeping in their vehicles is unconstitutional. The suit was filed earlier this year by the SLO Homeless Alliance - a group of homeless who have been sleeping in their vehicles and are being represented by Stew Jenkins and Saro Rizzo. The suit followed a concerted effort by the police department to enforce the regulation and discussions by the City Council on changes that are in the works regarding those regulations. The ruling means a preliminary injunction will now keep the City from being able to enforce their recreational vehicle as dwelling unit regulation – which states that no recreational vehicle, camper shell, or similar device shall be used for living or sleeping quarters except in a lawfully operated mobile home park, travel trailer park or campground. Businesses near the main enforcement area-Prado Road- have reported reduced amounts of health and safety violations since enforcement began. City staff will recommend that the City appeal the decision. City Council will decide the next step in closed session. The City Council is scheduled to evaluate the City's parking regulations later this year. The ruling may prompt moving up that action. 

This report was brought to you first by the San Luis Obispo Chamber of Commerce.