RVs parked along Sebastopol's Morris Street in 2019
photo credit: Googlemaps

Litigation against the city of Sebastopol over a parking ordinance said to discriminate against homeless people prompted elected leaders to meet behind closed doors this week. The city is under pressure to repeal rules barring people from sleeping in vehicles.

The local ordinance, enacted in May of last year, prohibits any vehicle, "designed or modified for human habitation" from parking in residential areas. And in commercial areas between 10:00 p.m. and 7:30 in the morning.

Bill Freeman, senior counsel at the ACLU Foundation of Northern California, represents the plaintiffs. 

"The aim of the city council was to make it impossible for people who are vehicularly housed to live in Sebastopol. Not only was the ordinance enacted in response to complaints, but the chief of police made it clear in his comments that it was going to be selectively enforced." 

The city says the rules were to assure adequate parking for residents. 

Regardless of the intention, Freeman says the effect is an attempt to skirt rulings requiring shelter before localities can enforce camping bans.

"What it means is, you can't live anywhere. It's a classic, 'keep moving' ordinance. You're not welcome here. You might be able to spend a few hours in an industrial part of town, but there is nowhere in the city of Sebastopol where you can actually park your vehicle during daylight hours," he said. 

It's also an insurmountable obstacle for night shift workers, he said.

It's unclear how many, if any, vehicles have been towed. Freeman said his team intends to find out through discovery. Regardless, he said, the fear of losing one's home and possessions to a tow truck, is having similar impacts. 

"This is a one strike and you're out ordinance. Your vehicle can be towed without any other notice on a first offense, subjecting you to the kind of fines and towing and storage fees that people can't afford."

A settlement conference is scheduled for March 20th.