A nonprofit made up of volunteers and organizations that advocate for the housing rights of homeless people filed a lawsuit Dec. 8 against the city of Fullerton objecting to an ordinance which bans people from living in recreational vehicles on the streets without valid parking permits.
Attorneys filed the legal action on behalf of Housing Is a Human Right Orange County in Orange County Superior Court, claiming the ordinance treats the homeless and people with disabilities as “disposable” and is in violation of the state constitution.
“This ordinance has upended lives and caused undue additional trauma to persons who already bear the great weight of homelessness,” the lawsuit alleges.
The nonprofit advocates for housing and services for homeless people and seeks to protect those who are dangerously close to homelessness.
“Fullerton is one of many cities that are terribly cruel to people who are unhoused,” said Pat Davis, co-founder of the nonprofit, said in a press release. “This action will serve as a reminder to our city leaders, that those who have limited to no resources have important legal rights too.”
The city’s ordinance bans stopping, parking, or leaving a recreational vehicle—such as an RV or trailer—anywhere in Fullerton at any time. Those in violation are ticketed, fined, and their vehicle is towed if left over 72 hours.
According to the city, the ordinance aims to mitigate public health and safety concerns and make parking more available.
The Fullerton Police Department does issue temporary permits for recreational vehicles to park in front of a residence if the vehicle owner is visiting for a maximum of seven days.
According to the lawsuit, the city’s ordinance violates the state constitution’s due process and equal protection clauses, excessive fines clause, and a person’s right to travel.
The Disability Rights Legal Center—a nonprofit advocacy organization for civil rights—joined in the lawsuit.
“The City of Fullerton treats people who are vehicularly housed as a blight, not worthy of even being present within its limits,” Corrigan Lewis, an attorney for the legal center, said in a press release Dec. 8. “Under the ordinance people are separated from their families, friends, medical care, and other essential services.”
Cited in the lawsuit as plaintiffs are 67-year-old Fredrick Moon, a disabled Fullerton resident of 27 years currently living in a RV after he was unable to afford rent; Jaqueline Danis, a 75-year-old disabled woman who lives out of a van and has been fined for violating the ordinance; and 61-year-old Jeanette Hodge, a longtime Fullerton resident who now lives in an RV after being diagnosed with multiple medical and mental health conditions, who has also received past citations.
The city of Fullerton did not respond to a request for comment.
