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Civil Rights
Discrimination
Overnight Parking Ticketing

SLO Homeless Alliance, Phillip Dykeman, David Douglas Moore v. City of San Luis Obispo, Stephen Gesell, in his capacity as Chief of Police for the City of San Luis Obispo

Published: Nov. 17, 2012 | Result Date: Aug. 9, 2012 | Filing Date: Jan. 1, 1900 |

Case number: CV 12-0204 Settlement –  Equitable Settlement

Court

San Luis Obispo Superior


Attorneys

Plaintiff

Steward D. Jenkins

Saro G. Rizzo


Defendant

Manuela Albuquerque

Jacquelyn Christine Dietrick
(Office of the San Luis Obispo City Attorney)


Facts

Homeless people filed suit against the City after roughly 50 people were cited for violating a City ordinance for sleeping in legally parked vehicles. The plaintiffs were criminally charged for sleeping in their vehicles under an old zoning ordinance. The plaintiffs filed a taxpayer action and complained about the lack of signs warning residents not to sleep in vehicles overnight as required by the Vehicle Code and arbitrary enforcement.

Result

The parties settled. All 98 criminal citations issued for sleeping issued since Jan. 1 would be expunged. The City also agreed to post signs and pass a new parking ordinance in 2013 limited to overnights, issuance of injunctions against both prior ordinances, and continued supervision by the Court.

Other Information

MEDIATOR: M. Scott Radovich. This case affected the lives of 300-500 homeless families, some with children in public schools, sheltering in the vehicles within the City of San Luis Obispo.


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