By William Safford
On June 19, 2014, a federal court of appeals struck down a Los Angeles city ordinance which criminalized vehicle dwelling. The court held that the law, which banned the use of a vehicle as “living quarters”, was unconstitutionally vague and subject to arbitrary, discriminatory enforcement. This may seem like a Los Angeles problem, but to those immersed in Peninsula politics, it sounds eerily familiar.
Unconstitutional vagueness is a funny concept. It sounds like a linguistic problem – tighten up the language and the law will be fine. Yet, this decision recognizes that laws cannot be fundamentally unclear. If you and I cannot tell what is illegal, and neither can the police, then how can enforcement ever be reasonable? The answer, said the Ninth Circuit Court of Appeals, is that it cannot. If the police arbitrarily decide who to enforce against, then there is no equality of justice, and the law becomes reminiscent of “English feudal poor laws designed to prevent the physical movement and economic ascension of the lower class.”
Why is this a Palo Alto issue? Because the Palo Alto vehicle habitation ordinance (VHO) is identical in every important way. Both laws criminalize living in a car, but leave important questions wide open. The Palo Alto law attempts to define “human habitation” as “the use of a vehicle for a dwelling place, including but not limited to, sleeping, eating or resting”, but if anything, this just makes things less clear. Continue reading