Raiser

BACKGROUND

I. Facts of the case

A. Los Angeles Municipal Code section 85.02 The City passed legislation to prohibit homeless people from living in cars on public streets and parking lots in Los Angeles. Section 85.02, titled “USE OF STREETS AND PUBLIC PARKING LOTS FOR HABITATION,” recites: “No person shall use a vehicle parked or standing upon any City street, or upon any parking lot owned by the City of Los Angeles and under the control of the City of Los Angeles or under control of the Los Angeles County Department of Beaches and Harbors, as living quarters either overnight, day-by-day, or otherwise.” B. Raiser’s incidents with the Los Angeles police Raiser is homeless, lives in his car in Los Angeles, and keeps all his personal belongings in his car, including when the following incidents occurred.

2 1. March 15, 2009 Raiser alleges the following occurred on March 15, 2009.1 He was sitting inside his car on a public street at approximately 8:45 p.m. in Los Angeles. He had placed “a bedspread covering part of his inside windshield and driver’s side windows” inside his car. Two officers approached the open driver side window of Raiser’s car. One officer…