San Diego Bans Homeless From Sleeping, Living in Cars — Once Again

The San Diego City Council on Tuesday passed an ordinance that criminalizes living or sleeping in vehicles overnight as the city grapples with the challenges posed by having the nation’s fourth-largest homeless population.

The new law bars people from sleeping in their cars between 9 p.m. and 6 a.m., or at any time within 500 feet of a home or school. The ordinance considers residents to be living in their vehicle if they use it for things like sleeping, bathing or preparing meals.

San Diego’s previous “vehicle habitation” ordinance, which had been in effect since 1983, was deemed "too board" by a federal judge last year and an injunction was issued preventing the city from enforcing it.

The City Council unanimously voted to repeal that law in February after a group of disabled people sued the city, arguing it was discriminatory.

Since the repeal of the previous law, local politicians had struggled to come up with legislation that would cut down on the number of people living in vehicles while also addressing the needs of the homeless.

Shirley Baum, 50, has lived in her car for 2.5 years with her dog, Luna, in the Pacific Beach neighborhood. She grew up in San Diego, supports herself on disability and is concerned about the new ordinance.

“It’s going to lead to further harassment of people,” Baum said at the council meeting on Tuesday. “There are some people who can protect themselves better, like myself. I have intelligence, I’m more presentable then some other homeless people, but that’s just conditional.”

Public comments stretched for two hours, as homeowners in beach neighborhoods squared off against the homeless and their advocates.

Homeowners complained of trash and human waste accumulating near the city’s beaches. Homeless speakers responded by pointing out that the only public restrooms and showers in the city were located at those same beaches, which is why the homeless tended to congregate there.

Rob Rubin, a homeowner in Ocean Beach, spoke in favor of the bill.

“The only question I have is: When do our rights get superseded by people’s privileges?” Rubin said.

Will Rodriguez-Kennedy, chair of the San Diego County Democratic Party, opposed the bill. He slept in his car for a brief time after being discharged from the Marines.

“We’re creating a policy that’s criminalizing someone without fixing the systemic issue for which they would be criminalized,” Rodriguez-Kennedy said. “It is unfortunate that we have a homeless crisis in this city, but we should fix that problem first, and then we should talk about whether there should be ordinances that suggest more people need to have penalties associated with living in a vehicle."

In recent months, the city has coordinated with nonprofits to open two overnight lots designated for the homeless. The lots connect people to social services and housing opportunities, and provides them with sanitation stations and places to put waste. There are currently 190 parking spaces in the lot and 400 more are planned to open in the coming months.

Valerie Grischy, who is homeless, told the council she was worried about what would happen if people couldn’t find room in those city-approved parking lots. Homeless people in San Diego have gone to jail for failing to appear in court after a citation.

“Those of us that can’t find a safe parking space can go to jail and end up with a record for being disabled and poor,” Grischy said.

The new ordinance went into effect at midnight, hours after the law passed. Opponents have vowed to challenge the ban in court.