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.

 

 

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)