Homes on Wheels v. City of Santa Barbara CA2/6

FACTS

In 2011, Homes on Wheels, an association of RV owners, and McCradie, a taxpayer, filed an action for declaratory and injunctive relief against the City. In a second amended complaint, they alleged their action “challenge[d] the legal right of [the] City to enact and enforce” Santa Barbara Municipal Code section 10.44.205B, which places “restrictions on access by RV occupants to schools, to churches, to medical offices and hospitals, and to public parks and recreation facilities.” Homes on Wheels and McCradie alleged: 1) the ordinance is “vague” and “violates the rights of RV dwellers in the City to due process of law”; 2) the City may not post “zones where RV parking is forbidden” without first “publishing the intended action for public comment”; 3) the City should be restrained from “violation of the rights of the disabled RV occupants to park on city streets”; 4) the City’s actions violate the Americans with Disabilities Act (ADA) (42 U.S.C. § 12132); and 5) the ordinance “deprives plaintiffs of” their constitutional right to travel. The trial court sustained a demurrer without leave to amend. It said, “[P]laintiffs have had two opportunities to amend their complaint,”…