SAN JOSE -- A group of people has brought forth a class action lawsuit against a city out of fear of having their vehicular homes towed.
Celerina Navarro, Janet Stevens, Armando Covarrubias, Evelyn Estrada, Gabriel Rangel Jamie and Alma Aldaco filed a complaint on July 14 in San Jose federal court against the City of Mountain View for declaratory and injunctive relief under the U.S. Civil Rights Act 1983, Americans with Disabilities Act, Section 504 of the Rehabilitation Act and the U.S. and California constitutions.
According to the complaint, the City of Mountain View is in the heart of Silicon Valley, which has made the housing market in the area skyrocket. As a result, many of Mountain View’s long-time residents have been priced out of the housing market and forced to live in recreational vehicles parked on the City’s streets, the suit claims.
Rather than implementing long-term and sustainable affordable housing programs to protect its lower-income residents, the City seeks to expel its indigent residents whose life circumstances require them to live in their vehicles, the suit claims.
The City has enacted and plans to enforce a ban on the parking of “oversized vehicles" (OSVs) on the City’s streets. The Bike Lanes Ordinance bans OSVs from parking on any streets with Class II Bikeways. The Narrow Street Ordinance makes it illegal to park OSVs on any street less than or equal to 40 feet in width. Violations of either ordinance can result the immediate towing and impoundment of RVs along with excessive fines to reclaim the vehicle.
Two of the plaintiffs say they have children still in school, and if there RV were towed, it would threaten access to the children's education. Three plaintiffs have health conditions requiring them to reside in close proximity to their medical facilities, the suit claims.
The plaintiffs seek for the court to force the city to create a process for people to seek exemptions, to give the city a preliminary or permanent injunction enjoining enforcing the ordinance until affordable housing is made available, attorney's fees and cost of suit. The plaintiffs are represented by Nadia Aziz, William S. Freeman, Thomas Zito, Deanna L. Kwong and Quyen Ta.
U.S. District Court Northern District of California San Jose Division case number 5:21-cv-05381-NC