Facts

Many years ago, the City of Laguna Beach enacted an "anti-sleeping" ordinance, which prohibited individuals from sleeping in public areas.

Although, the City filed an answer denying the allegations, it subsequently voluntarily repealed much of the ordinance and refrained from enforcement of state anti-lodging laws.

PLAINTIFF'S CONTENTIONS:
The American Civil Liberties Union of Southern California (ACLU), Erwin Chemerinsky, and Irell & Manella filed suit against the City, on behalf of five individuals, alleging the ordinance led to police officers harassing, citing, and arresting homeless persons.

Result

The parties subsequently reached a settlement, under which the City denied any wrongdoing or liability but agreed not to undertake enforcement of state laws or adopt a new local ordinance relating to camping, sleeping or lodging on public property without first providing notice of its intention to do so. In the interim, the City reserved the right to enforce state laws in circumstances presenting reasonable public health, safety and welfare concerns with respect to possible harm or injury to persons or damage to property. The City eventually enacted new local ordinances. Finally, the City agreed not to oppose efforts by plaintiffs to expunge, seal and destroy records of citations and convictions under the prior ordinance.

Other Information

FILED: December 23, 2008