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Aug 23, 2025
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Re: Just Say No To Banning RVs on The streets of Palo Alto without a well-thought-out back up Plan

On Sat, Aug 16, 2025 at 6:34 PM Aram James wrote:

> Here’s a comprehensive, well-sourced overview of Aram James’s role and the
> broader timeline surrounding the vehicle‑dwelling (RV/living-in-car) ban in
> Palo Alto:
>
> ------------------------------
>
> 1. Aram James’s Letter (July 20, 2011)
>
>
> Aram James submitted a letter to the City Attorney of Palo Alto on July
> 20, 2011, raising legal and moral concerns about the proposed
> vehicle-dwelling ordinance:
>
>
> -
>
> He warned that prosecutions under the ordinance would involve lengthy,
> costly trials, especially if defendants invoked the “defense of necessity,”
> often misapplied by judges, potentially triggering appeals and habeas
> corpus petitions.
> -
>
> He argued that juries historically refuse to convict under unjust
> laws, and would likely view bans criminalizing sleeping in vehicles as
> morally indefensible.
> -
>
> James also noted that even if courts restrict necessity defenses, the
> unspoken backup remains jury nullification—when a jury acquits against the
> letter of the law because they find it unjust.
>
> ------------------------------
>
> 2. City Council’s Response & the Ban’s Passage (2013)
>
>
> -
>
> The City Council voted 7–2 to enact the vehicle-dwelling ban on August
> 5, 2013, framing it as a necessary tool amid growing lodging in vehicles
> and neighborhood safety concerns. Violations could result in citations, and
> in some cases, misdemeanors with up to a $1,000 fine.
> -
>
> The decision came after two years of debate, outreach, and failed
> attempts to launch alternative safe-parking programs with faith-based
> organizations.
>
> ------------------------------
>
> 3. Legal Pushback & Enforcement Delay (Late 2013–Early 2014)
>
>
> -
>
> In November 2013, a group of attorneys threatened to sue, arguing that
> the ban criminalized homelessness and violated residents’ rights by
> depriving them of essential shelter.
> -
>
> In December 2013, the City Council agreed to delay enforcement for up
> to a year, citing a pending Ninth Circuit decision in Desertrain v. Los
> Angeles which could influence the legality of such bans.
>
> ------------------------------
>
> 4. Ban Repealed (November 2014)
>
>
> -
>
> Finally, on November 24, 2014, the Council repealed the ban in a 7–1
> vote, largely influenced by the Desertrain case, which found similar
> restrictions unconstitutional and discriminatory under due process law. The
> vehicle-dwelling ban had not been enforced during the delay.
> -
>
> The repeal occurred alongside continued funding (about $250,000
> annually) for broader homelessness solutions, though the ban was dropped.
>
> Here’s a comprehensive, well-sourced overview of Aram James’s role and
> the broader timeline surrounding the vehicle‑dwelling (RV/living-in-car)
> ban in Palo Alto:
>
> ------------------------------
>
> 1. Aram James’s Letter (July 20, 2011)
>
>
> Aram James submitted a letter to the City Attorney of Palo Alto on
> July 20, 2011, raising legal and moral concerns about the proposed
> vehicle-dwelling ordinance:
>
> -
>
> He warned that prosecutions under the ordinance would involve
> lengthy, costly trials, especially if defendants invoked the “defense of
> necessity,” often misapplied by judges, potentially triggering appeals and
> habeas corpus petitions.
> -
>
> He argued that juries historically refuse to convict under unjust
> laws, and would likely view bans criminalizing sleeping in vehicles as
> morally indefensible.
> -
>
> James also noted that even if courts restrict necessity defenses,
> the unspoken backup remains jury nullification—when a jury acquits against
> the letter of the law because they find it unjust.
>
> ------------------------------
>
> 2. City Council’s Response & the Ban’s Passage (2013)
>
> -
>
> The City Council voted 7–2 to enact the vehicle-dwelling ban on
> August 5, 2013, framing it as a necessary tool amid growing lodging in
> vehicles and neighborhood safety concerns. Violations could result in
> citations, and in some cases, misdemeanors with up to a $1,000 fine.
> -
>
> The decision came after two years of debate, outreach, and failed
> attempts to launch alternative safe-parking programs with faith-based
> organizations.
>
> ------------------------------
>
> 3. Legal Pushback & Enforcement Delay (Late 2013–Early 2014)
>
> -
>
> In November 2013, a group of attorneys threatened to sue, arguing
> that the ban criminalized homelessness and violated residents’ rights by
> depriving them of essential shelter.
> -
>
> In December 2013, the City Council agreed to delay enforcement for
> up to a year, citing a pending Ninth Circuit decision in Desertrain v. Los
> Angeles which could influence the legality of such bans.
>
> ------------------------------
>
> 4. Ban Repealed (November 2014)
>
> -
>
> Finally, on November 24, 2014, the Council repealed the ban in a
> 7–1 vote, largely influenced by the Desertrain case, which found similar
> restrictions unconstitutional and discriminatory under due process law. The
> vehicle-dwelling ban had not been enforced during the delay.
> -
>
> The repeal occurred alongside continued funding (about $250,000
> annually) for broader homelessness solutions, though the ban was dropped.
>
>
> Final Thoughts
>
>
> Aram James’s 2011 letter catalyzed legal and ethical debate by
> spotlighting the ordinance’s potential unintended consequences—financial
> burden, constitutional challenges, and juror resistance. His advocacy
> prefaced a broader unfolding of the issue, eventually culminating in legal
> scrutiny and policy reversal.
>
> Context & Significance
>
> -
>
> Aram James’s letter was prompted by how the city was handling the
> debate—highlighting concerns around free speech. He urged the City Attorney
> to publicly clarify the city’s stance to avoid discouraging future public
> testimony.
> -
>
> He acknowledged that, based on legal precedent, officials do have
> the First Amendment right to not listen (or walk out) on speakers—even if
> the speech is distasteful to them. But he also emphasized that such conduct
> could nonetheless discourage civic participation.
> -
>
> He also hinted at political accountability, saying he could choose
> not to vote for or even initiate a recall campaign against those council
> members whose actions he found objectionable.
> -
>
> In his postscript, he specifically invited Chief Attorney Molly
> Stump to weigh in with her legal perspective on the issues he highlighted.
>
> ------------------------------
>
> Why It Matters
>
>
> This letter provides a window into Aram James’s broader
> concerns—beyond just the vehicle-dwelling issue—to how local government
> engages with dissent. He was drawing attention not only to the substance of
> the discussion (the proposed ban), but also to how the process itself
> (public comment, legal discourse, civic feedback) was being shaped.
>
>
> Palo Alto indeed delayed the debate in the wake of such public
> pushback, which aligns with James’s broader message about the importance of
> open civic discourse.
>
>
>