Truckers sue Florida county for residential truck parking ban

Two Palm Beach County, Fla., truckers are suing the county for a truck parking ordinance that prohibits them from parking their trucks at their homes in a rural town called The Acreage, despite being able to do so for nearly two decades.

Since at least 2003, Jorge Alfaro and Clare Dougal, truck drivers who live in The Acreage, have been able to park their trucks at home. That all changed a few years ago, when they started being fined for illegal parking after a series of changes to the county’s Unified Land Development Code. In February, the Palm Beach County Board of Commissioners passed an ordinance that effectively placed a truck parking ban on residential property in The Acreage.

Less than two months later, Alfaro and Dougal filed a lawsuit against the county, claiming the truck parking ban violated their rights as property owners. The complaint filed in the 15th Judicial Circuit Court of Florida outlines a history of parking ordinance exemptions for The Acreage that were taken away in “a targeted campaign of rural gentrification” that sought to bring in white-collar residents by forcing out blue-collar residents through zoning ordinance changes.

History of trucking parking at The Acreage

A rural section of Palm Beach County, The Acreage was historically excluded from parking ordinances for residential zones.

In 2003, Palm Beach County implemented its Unified Land Development Code, which prohibits commercial vehicles – defined as those weighing more than 10,000 pounds – from parking in residential districts. However, the code explicitly excludes The Acreage from the parking ordinance by stating that rural residential zones in agricultural residential districts are not considered residential districts.

Five years later, the county amended the Unified Land Development Code by increasing the weight of a commercial vehicle from 10,000 pounds to 12,500 pounds. The amendments kept intact The Acreage’s exclusion of agricultural residential areas from residential areas.

For nearly two decades, truckers who lived in The Acreage were able to park their trucks at home due to the zoning exclusion of parking ordinances. Alfaro and Dougal claim in their lawsuit that as demographics in the region began to change, the county tried to attract a more suburban crowd at the detriment of longtime rural residents.

‘Gentrification’ forcing out blue-collar truckers

The lawsuit focuses on an amendment to the Palm Beach County Unified Land Development Code that essentially dismantled a long-held understanding that truck parking at home is allowed in The Acreage.

In their lawsuit, Alfaro and Dougal describe a situation where truckers are being forced out of their homes as a result of an effort to attract a more affluent demographic to The Acreage.

“Amid the housing crisis and expanding population, Palm Beach County began a targeted campaign of rural gentrification for Palm Beach County seeking to retain and attract white-collar residents by slowly changing zoning ordinances to push out blue-collar commercial residents,” the lawsuit states.

Specifically, the county amended the Unified Land Development Code in 2019 by stripping The Acreage’s exclusion from residential district parking ordinances. The amendment excluded only “legally established, nonresidential uses,” rather than rural residential uses, in agricultural residential districts. A 2020 amendment added more clarification to the 2019 amendment.

According to the lawsuit, the 2020 amendment “resulted in a wave of enforcement, violations, citation and fines” to truckers who lived in The Acreage and had been parking their trucks at home for nearly 20 years.

In February, the Palm Beach County Board of Commissioners further clarified truck parking rules. Truckers in The Acreage had asked for some exceptions, which were backed by their representative. Commissioner Sara Baxter recommended an exception for The Acreage that would have allowed two 80,000-pound trucks on each lot, according to The Palm Beach Post. That request was denied.

Instead, the county amended city code to allow two 16,000-pound vehicles at any home-based business in The Acreage. That rule goes into effect July 1.

Alfaro and Dougal argue that the truck parking ordinance effectively issues “an eviction notice to residents who moved to The Acreage.”

Lawsuit claims

The lawsuit argues that Palm Beach County’s truck parking ordinance constitutes a “regulatory taking” of property.

Alfaro and Dougal claim that the county’s changing zoning ordinances resulted in the complete taking of the intended used of their property, which was to reside and park their trucks. After they lost that right, the lawsuit claims, the county failed to compensate them.

Both plaintiffs point out the truck parking shortage the area faces. They also note that there are only two dedicated truck parking lots available. In order to use that space, truckers either have to wait for hours for availability or pay exorbitant monthly fees for dedicated spots.

“Accordingly, individuals such as plaintiffs now face the lose-lose option to remain on their land and receive continued citations and fines from the county’s rural gentrification efforts or leave their land and livelihoods behind,” the lawsuit states.

The lawsuit also claims that ordinance changes have resulted in a lower property value. Plaintiffs are seeking declaratory judgment finding the ordinances and associated citations violate their rights and that the county not be allowed to enforce the violations.

Palm Beach County could not immediately be reached for comment. LL

Find more truck parking news at LandLine.media.