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| Los Angeles court strikes down ban on sleeping in cars | Los Angeles court strikes down ban on sleeping in cars |
| (2 months later) | |
| A Los Angeles law that sought to bar people from living in vehicles on the street has been struck down by a federal appeals court after four homeless people sued the city. | A Los Angeles law that sought to bar people from living in vehicles on the street has been struck down by a federal appeals court after four homeless people sued the city. |
| The three-judge panel of the ninth circuit court on Thursday ruled unanimously that the ordinance was vague and opened the door to discriminatory enforcement. | The three-judge panel of the ninth circuit court on Thursday ruled unanimously that the ordinance was vague and opened the door to discriminatory enforcement. |
| In 2010, the the city council received a spate of complaints about human waste and trash on Venice streets, a three-sq-mile, affluent and colorful beachside neighborhood of about 40,000 in Los Angeles. | In 2010, the the city council received a spate of complaints about human waste and trash on Venice streets, a three-sq-mile, affluent and colorful beachside neighborhood of about 40,000 in Los Angeles. |
| In response, the city formed a 21-officer task force and enforced a 1983 law that barred residents from living in their vehicles. Police officers held varying interpretations of what the ordinance outlawed, resulting in selective enforcement against the homeless. | In response, the city formed a 21-officer task force and enforced a 1983 law that barred residents from living in their vehicles. Police officers held varying interpretations of what the ordinance outlawed, resulting in selective enforcement against the homeless. |
| "Despite plaintiffs’ repeated attempts to comply with [the law], there appears to be nothing they can do to avoid violating the statute short of discarding all of their possessions or their vehicles, or leaving Los Angeles entirely," Judge Harry Pregerson wrote in the opinion. | "Despite plaintiffs’ repeated attempts to comply with [the law], there appears to be nothing they can do to avoid violating the statute short of discarding all of their possessions or their vehicles, or leaving Los Angeles entirely," Judge Harry Pregerson wrote in the opinion. |
| The four plaintiffs appealed a decision from a lower district court that ruled in favor of the city. Los Angeles' law is unique compared to other local laws that bar sleeping in vehicles or overnight parking, according to the Los Angeles Times. | The four plaintiffs appealed a decision from a lower district court that ruled in favor of the city. Los Angeles' law is unique compared to other local laws that bar sleeping in vehicles or overnight parking, according to the Los Angeles Times. |
| Officers cited and arrested homeless residents after finding personal belongings in their vehicles, while driving and parked, on public streets and despite sleeping in private parking lots. | Officers cited and arrested homeless residents after finding personal belongings in their vehicles, while driving and parked, on public streets and despite sleeping in private parking lots. |
| All four plaintiffs were arrested or cited for different behavior which violated the law against using a vehicle, "as living quarters either overnight, day-by-day, or otherwise". | All four plaintiffs were arrested or cited for different behavior which violated the law against using a vehicle, "as living quarters either overnight, day-by-day, or otherwise". |
| In one instance, a homeless artist was driving her RV through Venice, bringing her art to a festival. Police pulled her over after she neglected to turn off her left turn signal, but she wasn't cited for that. | In one instance, a homeless artist was driving her RV through Venice, bringing her art to a festival. Police pulled her over after she neglected to turn off her left turn signal, but she wasn't cited for that. |
| Instead, she was cited for living in her vehicle. The artist legally parked in a church parking lot each night to sleep. | Instead, she was cited for living in her vehicle. The artist legally parked in a church parking lot each night to sleep. |
| How police supervisors told officers to enforce the law also varied. One internal memo said officers should look for people who had slept or were sleeping in their vehicles. But supervisors also instructed officers "to look for vehicles containing possessions normally found in a home, such as food, bedding, clothing, medicine and basic necessities", according to the decision. | How police supervisors told officers to enforce the law also varied. One internal memo said officers should look for people who had slept or were sleeping in their vehicles. But supervisors also instructed officers "to look for vehicles containing possessions normally found in a home, such as food, bedding, clothing, medicine and basic necessities", according to the decision. |
| Judges said the ordinance, "paved the way for law enforcement to target the homeless and is therefore unconstitutionally vague". | |
| "As noted, [the ordinance] is broad enough to cover any driver in Los Angeles who eats food or transports personal belongings in his or her vehicle. Yet it appears to be applied only to the homeless," Pregerson wrote. | |
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