A law that prohibits homeless people from parking recreational vehicles overnight in some locations has sidestepped a constitutional challenge, for now, after Los Angeles city officials told a federal judge the law is not being enforced.
While not addressing the constitutional issues, U.S. District Judge David O. Carter declined to issue a preliminary injunction against the law as long as the moratorium remains in effect.
The lawsuit, filed on behalf of a class represented by a woman who lives in an RV in Venice, contends that a 1986 law allowing the city to designate streets where large vehicles cannot be parked overnight violates homeless people’s rights under the 8th and 14th amendments to the Constitution.
The city countered with a January memorandum in which Los Angeles Department of Transportation general manager Seleta J. Reynolds said that “LADOT will not impound or tow a vehicle that is occupied” and that, even when an occupant is not present, parking enforcement officers must “make a dwelling assessment” to determine if it is being used as a dwelling.
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