I wonder what visitors to our once-beautiful city think when they come to visit San Diego beaches and bays. After all, they look more like RV parks and campgrounds which are unmaintained in any semblance of order and cleanliness. How did we get here?
In 2017, the city was sued by disabled rights advocates who claimed that the city’s Vehicle Habitation Ordinance as written was unconstitutional. As a result, the ordinance was suspended in 2018. I am not aware that any notice to property owners was given. Soon after, we residents started noticing an increase in vans and RVs parking overnight in our neighborhoods. We banded together and started an aggressive email campaign with the city. Soon, we had their attention. Mayor Kevin Faulconer directed City Attorney Mara Elliott to redraft the ordinance so that it would be enforceable and constitutional. In May 2019, the City Council approved the revised law.
But then the pandemic changed everything.
When COVID-19 hit in 2020, police stopped enforcing most parking violations, including the Vehicle Habitation Ordinance, throughout the city. Based on my observations, this went on for two years. Still, we continued the fight to restore the ordinance. In 2022, I was told by the office of Councilmember Jennifer Campbell, who represents beach communities, that the ordinance would start being enforced. Then, I was told by an aide in the Mayor’s Office that signs would be installed at the city beach and bay parking lots as well as city streets prohibiting habitation within a vehicle. But soon, 2022 turned into 2023, and we were no further along. There was lots of talk but no action. No signs were up and there was still no enforcement of the Vehicle Habitation Ordinance.
Finally, in April 2023, we did start to see positive developments. There was good communication between the Mayor’s Office, Councilmember Campbell’s staff and Police Department representatives.
But a short time later all communication stopped. No one would speak to us. And in February 2024, I learned that the city and the plaintiffs in the lawsuit against the Vehicle Habitation Ordinance had agreed on a proposed settlement, which was finalized by a judge in October 2024. When I finally was able to obtain and read a copy of the agreement, I was stunned. Elliott will argue that she had no choice, based on her office’s legal analysis. But in my opinion, she gave up the farm in this agreement. She simply foisted the problem on the residents and businesses of San Diego. It was a gross betrayal of trust.
The settlement agreement included payment to the plaintiffs in the amount of $187,500 and a payment to their attorney, Ann Menashe, of $2.975 million in legal fees. But to San Diegans, its most important provision was one that rendered the Vehicle Habitation Ordinance unenforceable:
“No enforcement for simply living in your vehicle. The VHO will not be enforced against people for simply living in their vehicle. Under the Settlement, police may only enforce the VHO if there is reasonable suspicion of a crime or law violation other than living in one’s vehicle.”
What this means is that the police cannot approach a vehicle that may be violating the Vehicle Habitation Ordinance unless there is evidence of another crime being committed or having been committed by this person in real time. This would include parking violations. This is the reason that there is so little enforcement now. Subject to other specific parking laws, a person may sleep in a motor home, van or car parked in front of your house or any city street or beach or bay parking lot, and stay there for as long as they want subject only to the parking laws the city is willing to enforce. And this has been proven to be precious few.
Some of us started a heavy email campaign to Mayor Todd Gloria, the City Council and Elliott’s office. I tried repeatedly to get meetings. I finally got one with Councilmember Campbell. Ocean Beach resident David Stebbins went with me to the meeting. We both recall clearly that Campbell said the agreement was entered into without any input from her and without her knowledge. After she read it for the first time, she told us she thought the agreement was unenforceable. She promised to contact Elliott to try to get it changed. We never heard another thing from her. Recently, I contacted Campbell’s office once again and was told it would get back to me. But it’s been weeks now, and it has been unresponsive to follow-up emails.
The next time you decide to take a trip to the beaches or bay, and you are rattled by the unregulated and filthy van and RV camping parked throughout the area, thank your elected officials for allowing this to happen. Mara Elliott sold you out. Todd Gloria sold you out. And the entire City Council just let it happen.
Volk is a Point Loma resident.