Bloom et al v. City of San Diego

In November 2017, DRA and partners filed a class action lawsuit on behalf of San Diego residents who depend on their vehicles as their only form of shelter against the City of San Diego, challenging the constitutionality of the City’s enforcement of the Vehicle Habitation Ordinance (VHO) and the Oversized Vehicle Ordinance (OVO). The VHO prohibits those living in vehicles from entering most parts of the City, and the OVO penalizes individuals who use their vehicles as their primary form of shelter for parking their vehicles in public lots from 2:00 a.m. to 6:00 a.m.

Plaintiffs argued that these ordinances disproportionately affected unhoused individuals, many of whom have no other viable housing options. The City’s enforcement of these ordinances led to significant hardships, including fines, vehicle impoundments, and ultimately, the devastating loss of the only form of shelter available to these individuals.

In October 2024, DRA and partners secured a landmark class action settlement that protects San Diego residents who rely on their vehicles as their only form of shelter from unjust enforcement and fines. The settlement marks a significant victory for equitable treatment and support for this vulnerable population while setting a groundbreaking precedent for addressing the needs of unhoused individuals in urban areas.

The settlement was approved by U.S. District Court Judge Anthony Battaglia after more than six years of litigation and at least a year and a half of intensive negotiations with the City of San Diego. The settlement agreement provides substantial relief and policy changes aimed at protecting the rights and dignity of unhoused individuals in San Diego. The settlement includes ticket forgiveness, amendments to law enforcement training, expansion of safe parking programs, and accommodations for individuals with disabilities.

Key Settlement Terms:

• Class members will not be subjected to citation and arrest under the VHO for merely sheltering in their vehicles or using their vehicles for transportation.
• Ticket forgiveness will relieve class members of thousands of dollars in unpaid tickets, allowing them to avoid towing and to register their vehicles.
• The City will expand its Safe Parking Program. Each parking lot will have safe, accessible bathrooms, security, and/or personnel on-site.
• The City will not enforce the VHO or OVO by arrest, citation, or ticket when legal parking under the parking lot program is unavailable.
• Substantial improvements will be made at the Mission Valley lot for RVs and campers including installing electric hookups, running water, and shade, thereby substantially improving the health and safety of residents.

In addition, the settlement provides $15,000 in damages to each of the nine remaining named plaintiffs and a $7,500 incentive award for each of the seven class representatives for their work advocating for the class. The Court will retain jurisdiction for three years to ensure enforcement of the settlement.

DRA’s case partners include Fish & Richardson, the Law Office of Ann E. Menasche, Disability Rights California, Dreher Law Firm, Manfred APC, the National Homelessness Law Center, and the Law Foundation of Silicon Valley.

Where can a class member get more information? You can visit the “VHO Settlement” website Class Counsel has set up for the Class at www.vhosettlement.com or call 619-320-5763. You can contact a representative from Class Counsel via E-mail: info@vhosettlement.com.