Desertrain v. City of Los Angeles

Facts

In 1983, the City of Los Angeles enacted Municipal Code Section 85.02, prohibiting use of vehicles “as living quarters either overnight, day-by-day, or otherwise.” In 2010, following complaints about homeless individuals living in vehicles in Venice, the LAPD created the Venice Homelessness Task Force to enforce Section 85.02. Officers were instructed to look for vehicles containing possessions normally found in a home, such as food, bedding, clothing, and basic necessities. The four plaintiffs were homeless individuals who kept their possessions in their vehicles and were cited or arrested for violating Section 85.02 despite their attempts to comply with the law. Steve Jacobs-Elstein was cited while waiting in his car to volunteer at a church food program. Chris Taylor was arrested while sitting in his car to escape the rain, despite informing officers he slept at a shelter. Patricia Warivonchik was given a warning while driving her RV through Venice. William Cagle was arrested despite explaining he was not sleeping in his vehicle. The plaintiffs filed suit challenging the constitutionality of Section 85.02, arguing it was unconstitutionally vague. The district court granted summary judgment to the defendants without addressing the vagueness claim on the merits.