Federal judge Anthony Battaglia is considering a request to temporarily lift a ban against people living in vehicles as well as restrictions on the hours large vehicles can park on San Diego streets following a hearing Thursday, reported the San Diego Union-Tribune.
A class-action lawsuit filed in federal court in November by 11 homeless people argues that the city’s restriction against living in vehicles is vague and the restriction on parking large vehicles on the street is unconstitutional because it unfairly targets homeless people.
Battaglia said he had concerns that lifting a citywide ban on parking on streets between 2 a.m. and 6 a.m. could open a Pandora’s box, meaning many recreational vehicle owners might take their RVs out of private lots and park them for free on the street.
An attorney representing the city asked the judge to delay a decision on the injunction request because the city is working with a nonprofit to create a parking lot where people in RVs could safely park at night without violating the law. However, an attorney with Disability Rights California said that she did not think the city’s plan to create a safe parking lot for RVs would solve the problem because it probably would not be large enough to accommodate the many homeless people who live in RVs.
At the end of the Thursday hearing, Battaglia said both sides have given him many facts to consider, and he would have a decision as soon as possible.