Homeless union drops parking site lawsuit against SLO County — but it’s not done yet

A group of homeless residents and former Oklahoma Avenue Safe Parking Site residents dismissed its existing lawsuit against San Luis Obispo County — but don’t expect litigation to stay quiet for long.

According to court documentation, California Homeless Union attorney Anthony Prince and the 10 former safe parking residents agreed Thursday to dismiss the lawsuit they filed in January against the county and the Community Action Partnership of San Luis Obispo.

In its lawsuit, the union argued that because San Luis Obispo County lacks housing options for the residents and their vehicles, closing the Oklahoma Avenue site would would constitute a state-created danger in violation of the residents’ 14th Amendment rights, and they sought an injunction to keep the site open for the duration of the lawsuit.

Though a temporary restraining order that delayed the site’s planned closure was granted in February while litigation was in progress, Central District Judge André Birotte Jr. did not grant the injunction, finding that residents have had plenty of opportunities to relocate and have agreed to several relocation deadlines in the past two and a half years, but have not made sufficient efforts to make good on those deadlines.

The site got one last lifeline from an agreement between the union and county that saw residents receive a total of $60,000 to relocate before finally shuttering the site May 8.

But with the parking site now closed, Prince said there was no point to continuing the existing suit that sought to keep the site open, but there was an opportunity to expand the scope of litigation against the county.

Prince said the union had intended to appeal the case to the Ninth Circuit Court of Appeals if Birotte ruled against the union, but because Birotte never issued a ruling on the case prior to the site closure, there’s no point in pursuing that litigation.

“The complaint primarily was focused on stopping the county from closing the campground,” Prince said. “This time around, of course, that’s not something we’re going to challenge because that’s a moot point.”

Union to launch new lawsuit against county, CAPSLO

With the parking site in the past, the union intends to seek damages related to misuse of funds and wrongful conduct onsite by the county and CAPSLO, Prince said, and will look to add more defendants and plaintiffs to a civil rights case.

These defendants may include Johnboy’s Towing — which Prince said profited from a county contract to move several vehicles on the parking site — along with several county employees involved in the site.

Additional plaintiffs could include more homeless individuals living in San Luis Obispo County who have been denied a place to sleep or camp with no alternatives available, Prince said.

“We’re challenging the constitutionality of these parking restrictions and camping restrictions that were not the main thrust of the lawsuit,” Prince said.

Prince said the union intends to sue the county again in late June or early July.