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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 20395
Experience:  Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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My question involves a traffic citation from the state of: California in the incorporated

Resolved Question:

My question involves a traffic citation from the state of: California in the incorporated city of Laguna Woods who have there own governing boards. The specific rule in this context is: "No Over Night Parking for Commercial Vehicles"

Do I have legal right to park my commercial vehicle (taxi/only car) in my primary place of residence (OWNER)?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Unfortunately, there is no legal right to park a vehicle in a place where parking is prohibited by state or local regulations. The right to park a vehicle somewhere is not a fundamental right, which means that reasonable regulations are permitted. If there is any rational basis for laws that prohibit commercial parking in a residential area (such as reduced traffic, smog, neighborhood values, etc.), the regulation is permissible and residents are required to park commercial vehicles elsewhere.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

"reasonable regulations are permitted" I do agree that it is reasonable to not allow commercial vehicles with advertising to park over night so property values will not be effected, but if the car is covered, then that is not reasonable!

Expert:  Lucy, Esq. replied 1 year ago.
Reasonableness isn't evaluated in reference to enforcement of the law. If the law itself doesn't say anything about covered v. uncovered, and there's any rational reason for the law, it's allowed - even if the law would be better if it included a distinction. That's the standard for rational basis review, which is what a person must overcome to show that a law is invalid and a violation of rights. Rational basis review is extremely deferential to the Legislature - it's pretty difficult for a person to invalidate a law using that standard, because it's necessary to show that there is no possible legitimate reason for the law, or that the law, as written, doesn't bear any rational relation to the stated purpose.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 20395
Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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