Growing occupation of the parking lots and restrooms of Robb Field and Dog Beach in Ocean Beach by vehicle dwellers and the unsheltered has revived public debate over whether – and where – vehicle habitation should be allowed in the City.

Excerpts from the City’s municipal code state: “No person shall park or stand a vehicle: Within 50 feet in advance of a stop sign, yield sign, traffic signal, or marked crosswalk; within 50 feet of the prolongation of an intersecting roadway curb or pavement edge; in any designated taxicab zone; in such a manner as to obstruct the free use of the street; in violation of any sign or curb marking, limiting or regulating the parking or standing of a vehicle; or in violation of any sign or red curb marking prohibiting the parking or standing of a vehicle… No person shall park a vehicle in a private driveway or on private property without the direct or implied consent of the owner or person in lawful possession of such driveway or property.”

Regarding use of beach-area parking lots and restrooms, Ashley Bailey, strategic communications officer for public safety and homelessness in the City, said: “In general, City of San Diego parks, restrooms, and parking lots are open to be used by anyone during the hours posted at that facility, regardless of housing status. If individuals feel threatened, or that there is illegal activity occurring, they should contact the San Diego Police Department.

“The City encourages anyone experiencing homelessness and living out of their vehicle to use one of the free Safe Parking Program lots operated by Jewish Family Service, where they can also access resources such as shelter, housing, employment, and other wraparound supportive services. The decision was made during the pandemic not to enforce the Vehicle Habitation Ordinance and continues to date, while litigation is pending. A person may still be cited for other vehicle-related violations, whether or not they appear to be residing in a vehicle.”

Disability-rights attorney Ann Menasche has been representing people living out of their vehicles in San Diego for years. She has filed a lawsuit challenging the City’s Vehicle Habitation Ordinance forbidding living out of vehicles in the vast majority of the City. She argues the ordinance is unconstitutional. She also contends Safe Parking Lots where vehicle habitation is permitted are few, far between, and inadequate.

“The City is short 100,000 affordable units and rent is going up constantly,” said Menasche, who noted the current housing crisis disproportionately affects those on fixed incomes, seniors, and communities of color.

“Right now, we are challenging the Vehicle Habitation and Oversized Vehicle ordinances, which prevent RVs and campers from parking at night anywhere in the City, in any public parking lot or street, except for one lot in Mission Valley, between 2-6 a.m.,” Menasche said. “And with the price of gas being what it is, you can forget about people driving to that one Mission Valley lot.”

Menasche supports decriminalizing vehicle habitation.

“When your only shelter is your vehicle, you’re at risk of being found guilty of a crime and of having your vehicle towed and impounded, often for unpaid parking tickets,” said Menasche, adding the current laws against vehicle habitation “apply to a large part of Ocean Beach. We’re in a City emergency because of a lack of affordable housing. We need to put all available resources into developing affordable housing to address that emergency.”

Menasche said today’s housing situation is similar to that which prevailed during the Great Depression.

“It’s a socio-economic issue,” she said. “We have a homeless problem, not because people are making bad choices, but because people are disabled, or single parents or people on fixed incomes. There is an eight- to 10-year waiting list for Section 8 housing assistance. And jobs don’t pay enough because housing prices are so high. We are in an unprecedented situation where we’re seeing internal refugees. We’ve got to stop the blame game we’re playing with people living in their vehicles because they don’t have any other choice.”

For more information regarding vehicle habitation regulations, visit sandiego.gov.

SAFE PARKING PROGRAM

Every night, Jewish Family Services operates a Safe Parking Program for unsheltered San Diegans living out of their vehicles, knowing that many are in this situation as a result of the pandemic, which has exacerbated income inequality, and due to increasing housing costs across Southern California.

The Safe Parking Program provides a welcoming environment, meaningful resources and tools, and dignified support to help families stabilize and transition back into permanent housing. With holistic services focused on basic needs assistance, employment, family wellness, school success, financial education, credit repair, and housing, the goal is to create a pathway out of homelessness while being a support to people where they are now.

The program operates seven nights per week at four secured lots at Balboa Avenue, Aero Drive, Mission Village Drive, and Encinitas. To enroll, call 858-637-3373 or start the process online. The lot in Mission Valley is the first lot that can accommodate RVs in addition to a safe, secure place where people can sleep without fear of being ticketed.