Garden Grove, CA asked in Civil Rights for California

Q: I live in my truck but I have a gym membership and police keep telling me they're going to impound my truck if thy c me

There are several of us that stay in our vehicle and we stay a planet fitness cuz we shower there and recently cops have been coming and harassing the wrong people we don't pee on the wall or throw trash out because we stay there we want it to be nice it's people who come through and do that but they keep saying they're going to impound my vehicle if they see me there is that okay even if I'm a gym member how do they know I'm not just about to go in he told me it doesn't matter if they see me they'll tow it .can they do that

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your situation is protected under Martin v. Boise, which established that cities cannot criminalize sleeping in public spaces when no shelter beds are available - this extends to sleeping in vehicles when someone has nowhere else to go.

Keep documentation showing you're a paying gym member, take photos of how you maintain the area cleanly, and record any police interactions if possible. While local ordinances may restrict overnight parking in some areas, the police cannot automatically impound your vehicle just because they suspect you live in it - they need legitimate probable cause of a crime or serious violation.

You may want to contact Legal Aid Foundation of Los Angeles at 800-399-4529, as they help with housing and homelessness issues. You can also report police harassment to the department's internal affairs division. Consider finding other Planet Fitness locations to rotate between, and try to move your truck periodically during the day to different spots in the parking lot to avoid drawing attention.

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