A new San Diego policy approved Tuesday aims to protect low-income residents by softening the penalty for expired car registrations from towing the car away to simply issuing a citation.
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But Police Chief Scott Wahl, who has the legal discretion to honor or ignore the new City Council policy, said after the council’s vote that he has concerns about the policy’s potential effects on community safety.
Wahl also said that if he decides to move forward with the new policy there would still be a delay, because he contends the shift in police procedure would require him to engage the police labor union in negotiations.
The new policy was prompted by a 2022 city audit that showed the Police Department’s towing program appears to be disproportionately hurting low-income people and other vulnerable groups.
Thousands of people in San Diego get their cars towed each year for expired registrations and then can’t afford to pay the accumulating fines, prompting the city to sell their car at auction, the audit found.
“When a first-generation college student drops out of school because the city took his car and sold it because the registration was overdue, it is obvious to me that the system is not working,” said Councilmember Stephen Whitburn, who spearheaded the policy change.
“Year after year, this hurts thousands of our residents — primarily the poor,” Whitburn said. “It is the very definition of a structural inequity, an institutional practice that perpetuates poverty. This will correct an injustice that has damaged too many lives.”
Councilmember Sean Elo-Rivera agreed.
“This is how poor people are treated in this country,” he said.
Wahl said he has doubts the council has landed on the best solution to what it calls “poverty” tows.
“While I understand the intent behind this policy change, I continue to have concerns about this approach,” Wahl said by email. “Keeping a vehicle properly registered is a basic responsibility of owning a car, and an important state requirement. The ability to tow vehicles that have long been unregistered is an important tool that officers use to keep our roadways safe and taking that tool away would have unintended consequences for the communities we serve.”
If the new policy was an ordinance or a municipal code change, Wahl would not have the discretion to honor or ignore it. But it’s only a council policy because Whitburn said he couldn’t legally pursue anything stronger.
That’s because state law gives cities the power to tow cars when the registration expired more than six months ago. While cities aren’t required to tow in such instances, a city can’t have an ordinance mandating something that contradicts state law, Whitburn said.
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Deputy City Attorney Bret Bartolotta confirmed that Wahl, and his boss Mayor Todd Gloria, are not required to abide by the new council policy.
“A council policy may express the policy objectives of the council, but — under the City Charter — the mayor and the chief of police are charged with directing the Police Department operations and the enforcement of state law related to towing,” Bartolotta said.
Wahl said his decision isn’t final. He said the department will evaluate how implementing the policy would affect its operations.
The council approved the policy change 7-1 after a spirited debate.
Some community leaders suggested the council should go further and eliminate towing for violations of the 72-hour street parking rule.
Others said ceasing to tow for expired registrations would bring lawlessness to San Diego’s streets.
Whitburn stressed that his proposal would soften only enforcement of expired registrations, not rules against abandoning cars or living inside vehicles.
Councilmember Jennifer Campbell cast the lone “no” vote.
“I think this will give people the opportunity to leave their car forever unregistered. I don’t think that’s a good idea,” she said. “I think it’s illegal under state law and we shouldn’t approve of illegalities.”
Whitburn said he will be watching Wahl closely.
“I hope we insist that the Police Department respect the will of the City Council,” he said. “We have a tradition in this city of following council policies. I will be paying very close attention to how this council policy is followed.”
Andy Hanau, the city auditor, said Tuesday that the new council policy “aligns with our audit and recommendations.”
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