This week the City Council approved a ban on sleeping in vehicles in LA. The news was released just over 24 hours after voters approved Measure HHH’s $1.2 billion in homeless housing, a sneaky tactic for a controversial sequel to a law that was struck down two years ago. In short, the law criminalizes overnight sleeping in personal vehicles or RVs unless in specified commercial or industrial zones between 9:00pm and 6:00am. The ordinance will take effect if the Mayor signs it. Here are 10 reasons why he shouldn’t:
- The zone locations push homeless to the periphery.
Most vehicular dwellers do their best to avoid brick-and-mortar houses, but the law takes it a step too far. Overnight parkers would be prohibited on any street “that adjoins one or more residential or multifamily residences.” In a neighborhood Venice, that’s nearly every street. Add in the prohibition of parking within 500 feet of any school or park, and the homeless residents will be asked to spend gas money they don’t have to drive to the city’s least trafficked, most vulnerable areas. - There is and will never be a “safe parking” alternative.
This has failed before. Bill Rosendahl’s noble 2010 attempt was rejected because Venice constituents simply didn’t want homeless parking lots next door to their homes. Santa Barbara, the bastion of the nation’s safe parking programs, has a whopping 115 spaces. With over 4,600 vehicular homeless in LA, the most conservative published estimate, does anyone believe the city will find a spot for everyone? - Taxpayers will spend millions on the law.
When the 9th Circuit Court overturned Municipal Code 85.02 (Desertrain V Los Angeles), it cost taxpayers $1.1 million in legal fees. This iteration isn’t much different. Carol Sobel, the attorney who led the suit overturning the original law, says the law is similarly vaguely worded and potentially discriminatory. Councilman Mike Bonin was already quoted in the Times, saying, “We’re likely to get sued.” The there’s enforcement. A Spring 2015 report estimated LA spent $100 million enforcing homeless laws the year before. Are we so inundated with tax revenue that we can afford more? - Sleeping on the sidewalk is legal—but not in your car?
A federal appeals ruling states that the LAPD cannot arrest people for sleeping on sidewalks until the city can provide enough shelter beds for its homeless. City Attorney Mike Feuer admitted that “absurd and pathetic” past legislation led to men, women, and children being asked to leave cars and sleep on sidewalks. It happened under 85.02. And it will happen again. - The law puts a vulnerable population more at risk.
People found sleeping in their vehicles will be fined. $25 or more, plus a criminal infraction. If they cannot pay, the fine will multiply. Unpaid fines lead to registration holds, which lead to vehicle impoundment. One fine could put a family on the street. Is this a real solution for those who need the most support? - Measure HHH’s housing solutions are 3 years away.
The measure was a major victory for LA’s homeless population—but experts agree the first units won’t be available for at least another three years. That’s 1,000 days of our homeless population ballooning before a solution arises. In the meantime, criminalizing those with a sliver of property to their name absurd. - Some vehicular homeless work night jobs.
Homeless does not mean jobless. Many folks living out of their vans and trucks work evenings. As if the homeless routine wasn’t hard enough in the first place, this forgotten class of vehicular homeless will be out of luck, have no legal options for a full-night’s sleep. - Neighborhoods already have a legal way to remove unsightly cars.
Tired of a run-down RV parked in front of your house? You and your neighbors can petition the Council to post “No Overnight Parking” signs for oversized vehicles on your street. Residents have a straightforward path to resolve the problem. A blanket measure is overkill. - Most people living in their cars aren’t nuisances.
The cruel fetish of vilifying people who live in their cars is exaggerated. Most folks sleeping in the backseat are doing so because of severe financial burden and lack of affordable housing options. They are neither drug abusers nor property vandalizers. Policing the group as a whole—rather than enforcing laws against the bad apples—is both lazy and uneconomical. - Passing this after an election is cowardly.
There’s a reason this was passed amidst the post-election melee—the topic is controversial. Councilmembers know the consequences. Millions spent putting forth on a shaky policy criminalizing their most vulnerable constituents is too embarrassing for prime time.
The law is written to expire on January 1, 2018—unless extended by ordinance. By refusing to sign it, Mayor Garcetti would put the law to bed before it starts. And save us Angelenos a lot of money in the process.
– TOH
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