City impoundment of RV dwellers’ vehicles challenged as unconstitutional

By : sfexaminer – excerpt

Advocates for the homeless filed a lawsuit against The City and other agencies Wednesday for towing, impounding and selling RVs and other oversized-vehicles without a warrant, alleging that it violates the rights of an already at-risk population.

Under current policy, vehicle owners who have received five or more unpaid parking violations in a given time frame are subject to towing.

The lawsuit filed in San Francisco Superior Court Wednesday names The City, its Municipal Transportation Agency, the San Francisco Police Department and towing contractor Auto Return. It alleges that owners are often not provided with proper notice or an opportunity to dispute the seizure, even if their vehicles are legally parked, “not involved in any crime or traffic urgency” and provide their only means of shelter… (more)

We were expecting this would go to court. Courts in southern California have so far upheld the rights of the citizens against seizure of property in these cases.

 

 

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Towing worsens hardships of Oakland’s homeless

: sfchronicle – excerpt

The Bay Area Air Quality Management District has been advising people to stay indoors as smoke from the Camp Fire makes air quality hazardous. I’ve been concerned about how the smoke is impacting people living in the Bay Area without homes.

I thought about Kelly Thompson and his friends, some of whom sleep in tents. Thompson is retired and a Vietnam veteran who lives in a small camper in a West Oakland field. I wrote about him this month after his pickup truck was towed at an RV encampment near 20th and Campbell streets…

The East Bay Community Law Center is part of a coalition of legal aid and civil rights organizations reviewing constitutional issues around the towing of vehicles belonging to homeless people. On Nov. 7, Osha Neumann, a supervising attorney at the law center, sent a letter to Oakland Mayor Libby Schaaf chiding the city for towing vehicles before it opens places for people to park their RVs and campers without hassle… (more)

Ways San Francisco nickels and dimes its residents

By Amy Graff : sfgate – excerpt (includes a gallery of ripoffs)

Parking meter rates: Up to $7 an hour Depending on demand meter prices vary from 50 cents to a maximum of $7 an hour. Thankfully meters can be paid with credit cards, because that’s  a lot of quarters…

While many of the various taxes, fees, and prices might make sense for the city’s budget, they can also make you sick and tired of San Francisco’s high cost of city living… (more)

Don’t you love living in an exclusive expensive and unhealthy city? Don’t you think adding a few thousand more jobs is the most important thing our government can do to make your life better? Or have you had enough and are ready to go elsewhere?

 

 

Coalition Demands End to City’s Unconstitutional Towing Practices

News from LCCR – SF Bay Area and Bay Area Legal Aid – Press Release

October 11, 2018

Contact: Taylor Brady, TBrady@baylegal.org, (510) 250-5234; Matt Kovac, mkovac@lccr.com, (415) 510-9601

Civil Rights and Legal Aid Groups Demand End to City’s Unconstitutional Towing Practices

Groups issue letter to City Attorney over violation of low-income people’s 4th Amendment rights

SAN FRANCISCO – One day after a federal court ordered the City of San Francisco to return an impounded car to its homeless owner, the San Francisco Coalition on Homelessness, represented by Bay Area Legal Aid and the Lawyers’ Committee for Civil Rights, is demanding that the City immediately cease towing and impounding vehicles over unpaid parking tickets unless the City determines the owner is financially able to pay.

The Lawyers’ Committee for Civil Rights and Bay Area Legal Aid issued a letter to City Attorney Dennis J. Herrera this morning demanding an end to the current towing policy, citing Monday’s ruling from the U.S. District Court for the Northern District of California…

“The City is taking and selling the cars of low-income people across the city simply because they cannot afford to pay parking tickets. We call on the City to end its current towing policy and adopt a constitutional, common-sense approach to collecting on tickets that does not punish low-income people,” said Elisa Della-Piana, LCCR legal director...

“No one wins under the City’s current towing practices,” said Rebekah Evenson, Director of Litigation at Bay Area Legal Aid. “Poor people lose their cars without any opportunity to show that they couldn’t afford to pay.  Residents of the City lose, with increased poverty and homelessness. And the City loses financially: the value of these cars rarely covers the cost of tow and storage, and the cars are often sold at a loss. It’s time for reform.”

The City Attorney has until Friday, October 19 to respond.

Read the full demand letter here.

.. (more)

San Francisco Ordered To Return Car To Homeless Man Unable To Pay Parking Fines

cbslocal – excerpt (includes video)

SAN FRANCISCO (CBS SF) – A federal judge on Wednesday ordered the city of San Francisco to return a towed car to a homeless man who couldn’t afford to pay the parking tickets he received while working as a food delivery driver.

U.S. District Judge Jeffrey White said Sean Kayode had raised “serious questions” about whether the March 5 towing of his car because of unpaid parking tickets violated the U.S. Constitution’s Fourth Amendment guarantee against unreasonable searches and seizures.

White wrote that in a situation in which a car owner can’t afford to pay overdue parking tickets, “it is not clear…that seizure is reasonable in an effort to secure repayment of the debt owed.”… (more)

Judge orders SF to return impounded car to homeless man

A federal judge on Wednesday ordered the city of San Francisco to return a towed car to a homeless man who couldn’t afford to pay the parking tickets he received while working as a food delivery driver.

U.S. District Judge Jeffrey White said Sean Kayode had raised “serious questions” about whether the March 5 towing of his car because of unpaid parking tickets violated the U.S. Constitution’s Fourth Amendment guarantee against unreasonable searches and seizures.

White wrote that in a situation in which a car owner can’t afford to pay overdue parking tickets, “it is not clear…that seizure is reasonable in an effort to secure repayment of the debt owed.”…

“We hope this opinion will induce the city to reconsider its towing policy and work with us to develop one that is constitutional and does not punish people for being poor,” said Eliza Della-Piana, legal director of the Lawyers’ Committee for Civil rights… (more)

Homeless SF residents sue to stop city from impounding their cars

By : curbed – excerpt

Unpaid parking tickets deprive homeless residents of only shelter

A San Francisco man has sued SFMTA in an attempt to keep the city from impounding the cars of homeless people for whom their vehicle is also their only shelter. It turns out he’s not alone.

KQED reports on the story of Sean Kayode, who had been living in his 2005 Mercedes Benz until the city seized it in March. The reason: unpaid parking tickets.

Kayode, who now resides at a homeless shelter, says in his suit that the car was not only his home but also his means of income as a delivery driver. Civil rights attorney Jude Pond alleges that the California law that permits cities to impound cars with five or more parking tickets is unconstitutional…

It turns out that the lawsuit in question, Smith v Reiskin (SFMTA director Ed Reiskin is named as the principle defendant), actually predates Kayode’s woes.

James Smith, described by his attorney as a “64-year-old lifelong San Francisco resident whose only source of income is $1,140 in Social Security each month,” lost his car months earlier and was the first to seek succor from the courts… (more)

RELATED:
Smith v Reiskin

 

Is the Uber and Lyft Business Model in Jeopardy?

By Glenn Rogers : westsideobserver – excerpt

On April 30, 2018 the California Supreme Court affirmed the Court of Appeal’s judgment, changing existing law determining how an independent contractor can be identified. The case, Dynamex Operations West, Inc. v. Superior Court of Los Angeles, may completely redefine what is and what is not an independent contractor.

Dynamex, which is a same day pick-up and delivery company, treated all their workers as employees before 2004. However, as a cost saving measure, they changed the status of their workers to independent contractors after that date. In January 2005, Charles Lee — the sole named plaintiff in the original complaint entered into a written independent contractor agreement with Dynamex to provide delivery services. He filed this class action as the sole class representative challenging the legitimacy of Dynamex’s relationship with its independent contractor drivers… (more)

Now that Uber and Lyft have outcompeted taxis, their next goal is to outcompete with mass transit, which is suffering a diminished ridership from Uber and Lyft daily.”

 

There are so many articles on the Uber Lyfts that ignore the threats coming from so many more whose names may flash be in a brief moment as they glide past you in the havoc of traffic. Some will run on two wheels some of four and some may even try for three, but they all have one thing in common, their primary business plan is to take your slice of the traffic lane pie away. When you find yourself left with little wiggle room you may remember this warning. If you already feel cramped and in the mood too so something about it, your first move should be a call to your supervisor’s office to complain, or a trip down to City Hall to file an appeal under Ordinance 180089, or, a CEQA appeal, whichever fills your needs.

Why you want to stop the SFMTA from planting meters on your street

They set the terms and time limits once they are in. This is what they are doing on Townsend from 4th to 7th Street.

IMG_1469

Talk to your neighborhood group about how to protect your streets.

A San Francisco man was living in his car when it was towed. Now he’s suing the city

: kalw – excerpt (include audio tape)

Last December, James Smith’s car was towed as a consequence of unpaid parking violations. Smith was homeless, and the car was his only shelter. Now, Smith filing suit against San Francisco, arguing that towing for debt-collection is unconstitutional.

James Smith, a 64-year-old San Franciscan, used to volunteer for the Coalition on Homelessness. He would help families find places to stay for a night. Sometimes he’d even open up his own little apartment.

Smith never expected that one day, he’d be the one living on the streets.

“Never, ever,” says Smith. “I asked myself, ‘what did I do wrong?’”… (more)