A settlement finalized this month, stemming from a class-action lawsuit against the City of San Diego, addresses ordinances targeting homeless individuals living in their car.

The agreement includes the forgiveness of thousands of dollars in fines, changes in ordinance enforcement, and improvements to the city’s Safe Parking Program.

The 2017 lawsuit argued that two policies—the Oversized Vehicle Ordinance, which prohibited the parking of recreational or oversized vehicles on city streets between 2 a.m. and 6 a.m., and the Vehicle Habitation Ordinance, which banned people from living in their vehicles—violated the constitutional rights of law-abiding individuals with no other means of shelter.

These ordinances resulted in fines that often became overwhelming and, in some cases, led to the impoundment of vehicles, leaving some individuals sleeping on the streets.

Settlement brings relief and change for those living in their car

San Diego’s City Council approved the settlement in January, and U.S. District Court Judge Anthony Battaglia gave final approval last week, concluding seven years of negotiations. Under the settlement:

• The city will forgive all pending oversized vehicle fines issued to class members.
• Enforcement of the ordinances will cease when safe parking lots are unavailable due to capacity or closures.
• Cars used as shelter can still be utilized for transportation to medical appointments, school, job interviews, and other essential activities.

Additionally, the city will pay $15,000 in damages to each of the nine named plaintiffs (two of whom passed away during negotiations), and seven representatives of the class-action suit will receive $7,500 each for their service. A federal court in San Diego will oversee the settlement’s implementation over the next three years.

Investments in Safe Parking Program

As part of the agreement, the city will invest up to $900,000 in enhancements to a popular safe parking lot in Mission Valley. These improvements will include water and electricity hookups for up to 40 recreational vehicles, showers, flushing toilets, and lighting. The city is also required to allocate up to $850,000 this year to support the Safe Parking Program.

Earlier this year, attorney Ann Menasche said in a joint statement with the City Attorney’s office that the settlement “will allow the city to continue regulating parking without punishing people whose only shelter is their vehicle.”

San Diego’s Safe Parking Program focuses on assisting individuals experiencing homelessness who are living in their cars while working toward returning to permanent housing. The program recently opened a new lot in Vista, providing 25 parking spaces for participants. Onsite services are offered through case managers, lead case managers, and program supervisors.

The Safe Parking Program provides a pathway out of homelessness and back to stable housing. Every night, it offers safety, security, and support to unsheltered San Diegans living in their cars. Many participants are facing homelessness for the first time, often forced to choose between buying food or purchasing gas to get to work and school. The program addresses these barriers while also combating the isolation and lack of social support that frequently accompany homelessness.

The Safe Parking Program fosters a welcoming environment and offers meaningful resources to help individuals and families stabilize and transition back into permanent housing. Wraparound services include assistance with basic needs, employment, family wellness, school success, financial education, credit repair, and most importantly, housing solutions.