We NEED YOUR HELP sending letters urging the Mayor and the City Council to hear our voices, and to amend LA Municipal Code 41.18 to manage camping on our sidewalks and in our neighborhoods.

Los Angeles has been restricted from enforcing municipal codes that promote clear sidewalks and clean communities. We have an opportunity to revise the City Code and to ask the city to support the stakeholders.

“The reality is we have sensitive areas to consider and as city leaders we
must strike the balance between the needs of those experiencing
homelessness and keeping our public spaces safe and accessible.”
- Mitch O'Farrell - Los Angeles City Council 13th District (Los Angeles Times 8/22/19)

“We need to be compassionate to homeless people,
but we have to be compassionate to businesses and homeowners too.”
- John Lee - Los Angeles City Council 12th District (Los Angeles Times 8/22/19)

WHY CAN’T LAPD ENFORCE THE CITY CODE?
Los Angeles Municipal Code 41.18 (aka the "sit-lie" law), which outlined where, when and how people could set up encampments on the sidewalks throughout the city, was the subject of a major lawsuit (Jones v. Los Angeles) which was settled in 2007. Under the settlement with the ACLU, the city could enforce the law only under limited circumstances. (LAist 8/22/19).

However, a federal ruling by the Ninth Circuit Court of Appeals (Martin v Boise case) struck down a Boise law that outlawed sleeping in any public space in that city, and that decision has impacted how, when and where Los Angeles can enforce 41.18. Effectively it cannot be enforced. (LAist 8/22/19).

In that case, a federal court ruled that “as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property.”

But the court also opined that “even where shelter is unavailable, an ordinance prohibiting sitting, lying, or sleeping outside at particular times or in particular locations might well be constitutionally permissible.” (Los Angeles Times 8/22/19)

The Jones case settlement is no longer relevant to enforcement due to the Martin Court’s holding.
(https://www.lacityattorney.org/homelessness / “Important Court Cases”).

"Historically [LA Municipal Code 41.18] was used to cite or arrest homeless individuals who refused to avail themselves of shelters...But when the homeless population overtook the number of shelter beds, 41.18 fell out of pace." - Senior Assistant City Attorney Valerie Flores (LAist 8/22/19)

In September City Attorney Mike Feuer put forward an order to revise 41.18 in order to have sidewalk camping rules align and comply with the Martin V. Boise Ninth Circuit Court of Appeals ruling. The revisions have yet to be passed by Los Angeles City Council.

In order to get movement on this issue, a motion supported by 169 local residents/stakeholders was submitted to the Venice Neighborhood Council on February 18th proposing language which would amend LA Municipal Code 41.18. If adopted, the language would revise the restrictions on “where” and “when” sidewalk encampments / sidewalk would be allowed.

The VNC supported and PASSED the motion. (Venice Update 2/26/20) Other councils such as Pacific Palisades Council as well as City Attorney Mike Feuer have urged ALL Neighborhood Councils to put this motion on their agenda and vote to pass the same motion. (Venice Update 2/26/20)

If 2/3 of the neighborhood councils from Council District 11, and Council District 5 pass this motion then it becomes an official position of Westside Regional Alliance of Councils.

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