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New details about class action lawsuit filed by residents who live in their vehicles

Posted at 6:07 PM, Apr 10, 2024
and last updated 2024-04-10 21:07:05-04

SAN DIEGO (KGTV) — ABC 10 News is learning more about a class action lawsuit against the City of San Diego on behalf of residents living in their vehicles.

The City has reached a settlement agreement, but it won’t be finalized until later this year.

“There is going to be a new training bulletin for police to follow. They cannot just target someone because they appear to be living in their vehicle,” said lead attorney Ann Menasche.

The lawsuit challenged the City’s Vehicle Habitation Ordinance and Oversized Vehicle Ordinance.

Menasche says there will several new restrictions on how police can enforce them. She says there has to be suspicion of a crime, and there must be an alternative place to park at night.

“There must be a reasonable option to park at night. Otherwise, you cannot get the 2 a.m. to 6 a.m. ticket,” Menasche said.

“It is wrong to allow them to camp in our neighborhoods. What the city has done with this settlement agreement is that they have given away the farm,” said Glen Volk.

Volk and a group of residents living near beaches have been challenging the city and monitoring enforcement.

"There has been no enforcement whatsoever. It’s a bit of a conundrum. The ordinance says it is illegal, but if you read all the conditions that it can be enforced, it is unenforceable,” Volk said.

A judge will make a final decision on the settlement on Oct. 10.