A long-running class-action lawsuit filed against the city of San Diego over enforcement of parking ordinances against homeless people living in their vehicles has been tentatively settled, with the biggest chunk of funds going to attorney fees.
The preliminary settlement in the federal lawsuit was filed in the U.S. District Court for the Southern District of California on Feb. 12. Under the terms of the settlement in Bloom et al. v. City of San Diego, the city will forgive unpaid violations of the Oversized Vehicle Ordinance and the current Vehicle Habitation Ordinance that occurred after Nov. 15, 2017, provided that those cited had no options other than using their vehicles as shelter.
The settlement also requires the city to expand its Safe Parking Program to allow oversized vehicles to park in several public library lots and other lots in the city during nighttime hours. Such parking facilities will also have bathrooms and security, according to the settlement.
During the current fiscal year, the city will provide up to $850,000 for these safe-parking efforts.
“The settlement agreement calls for upgrades to the Mission Valley location of the city’s Safe Parking Program,” Matthew Hoffman, spokesman for the city’s Department of Homeless Strategies and Solutions, said in an email to the Southern California Record.
The city agreed to make up to $950,000 in improvements to that location, with an emphasis on improving electrical hookups, running water, rest rooms and showers, according to the terms of the settlement.
The nine current plaintiffs listed in the litigation will receive $15,000 each in monetary damages under the deal, and seven of the class members will each receive a monetary award of $7,500.
But the largest share of the funds outlined in the agreement will go toward attorney fees and costs.
“The city agrees to pay plaintiffs’ counsel $2.95 million in attorneys’ fees and costs for work done through final approval of the agreement,” the settlement says. “The city also agrees to pay reasonable attorney's fees and costs for work necessary to monitor compliance with the agreement during the period of reserved jurisdiction … not to exceed $25,000.”
The agreement also provides for the training of police officers about how and when the vehicle ordinances would be enforced against homeless people in the city.
“The city will make reasonable efforts to prevent towing occupied vehicles while ticket forgiveness and re-registration of vehicles is in the process,” the settlement states.
A court order signed by Judge Anthony Battaglia on March 15 grants the preliminary approval of the full agreement. Battaglia also scheduled a final hearing for the settlement on Oct. 10, which will include a review of all the records documenting the request for fees and costs by plaintiffs’ attorneys.
The notice of the class-action settlement issued by the court indicates that the attorney fees were “substantially discounted” and reflect six years of work.
The original complaint alleged that city housing policies dramatically shrunk the supply of affordable housing options and led to a 23% rise in the homeless population over five years. More than 800 individuals used their vehicles as shelter at the time the lawsuit was filed, according to the lawsuit, with disabled people being disproportionately affected.