Dear Members of the Menlo Park City Council,
It has come to my attention that the City is considering a proposed ordinance that will ban overnight parking of oversized vehicles (OSVs) in the City of Menlo Park. We ask that the City Council consider the following points before adopting such an ordinance.
OSV bans can be illegal and a violation of civil rights. You may be aware that several years ago, the City of Pacifica passed an ordinance to ban OSVs on its streets and was sued by the ACLU Foundation of Northern California, Disability Rights Advocates, and our office. Pacifica engaged in expensive litigation before entering into a settlement where they agreed to provide designated parking for OSVs. I have not had a chance to review the details of the proposed OSV ban in Menlo Park, so I cannot comment specifically on its legality.
Other cities have had the same concerns as Menlo Park, but they made designated areas available for OSVs as an accommodation for their residents. They did not go through expensive litigation.
People needing to live in OSVs is a symptom of the difficult and expensive housing market here in the Bay Area. When residents of cities choose to live in an OSV, it is often because it is their only affordable option to stay in the area where they may have jobs, schools, families and other connections. Thus, we urge Menlo Park to consider alternatives to a ban on OSV parking that could be a harsh "solution" to a societal problem and could lead to litigation against the city.
David Carducci
David Carducci
Directing Attorney - Housing
Legal Aid Society of San Mateo County
330 Twin Dolphin Drive, #123
Redwood City, CA 94065
Direct: 650-517-8922
E-mail: dcarducci@legalaidsmc.org
Website: www.legalaidsmc.org
