Idaho Supreme Court: Property Owners Cannot Challenge Meridian’s Ban on Tiny Homes on Wheels

Boise, Idaho.—Today, the Idaho Supreme Court upheld a lower court ruling that Chasidy Decker could not challenge Meridian’s ban on tiny homes on wheels because she and her landlord failed to apply for a permit, despite the city’s ban. Chasidy and Meridian homeowner Robert Calacal joined with the Institute for Justice (IJ) to challenge Meridian’s enforcement of its ban after the city kicked Chasidy out from living in her tiny home on Robert’s property in August 2022. In the wake of the ruling, Chasidy and Robert are evaluating their options for moving forward and considering next steps.

“It’s really frustrating to hear that, after more than four years, we would need to start over with a permit application when the city’s ordinances make clear that my tiny house won’t be allowed so long as it has wheels,” said Chasidy. “That’s why the city began enforcement against us and evicted me from my tiny home in the first place.”

Chasidy Decker is a native of Treasure Valley who was priced out of the skyrocketing local real estate market. But she found a way to continue living in the area she calls home: she bought a beautiful tiny home she arranged to park on Robert’s private property for modest rent. But something unexpected got in the way of what should have been a win for everybody: the government. Meridian Code Enforcement threatened Chasidy and Robert with fines and jail time if she didn’t leave her only home. Chasidy and Robert responded by challenging Meridian’s irrational and arbitrary ban on tiny homes on wheels for violating the Idaho Constitution.

“While disappointing, this ruling does not address the merits of our challenge to Meridan’s irrational ban on mobile tiny homes. That ban remains unconstitutional and exposes the city to further legal challenges until it is repealed,” said IJ Senior Attorney Dan Alban. “The court ruled that the testimony of the city’s permitting officials was ‘confusing,’ ‘legally unsound,’ ‘contradictory,’ and ‘not reliable,’ but still requires Chasidy and Robert to ask those same officials for a permit. That would be futile; the city repeatedly admitted it would not issue a permit allowing Chasidy to live in her tiny house on wheels at Robert’s property because city ordinances flatly prohibit doing so.”

The Idaho Constitution requires all laws to have a legitimate government interest. But Meridian’s ban has none—Chasidy’s home is perfectly safe, which Meridian conceded when they encouraged her to move it to an RV park to live in. The city also can’t argue that her home would somehow affect the appearance of the neighborhood, since it’s perfectly legal to keep her tiny home where it was parked for more than two years—she just can’t live in it there. Chasidy’s tiny home also fits right into Robert’s neighborhood, which has many RVs and trailers—over a dozen of which appear to be used as living spaces within about a quarter mile of Robert’s house.

During the course of the litigation against Meridian, Boise completed a pilot program for mobile tiny homes and passed an ordinance allowing up to two tiny houses on wheels as an accessory use on a residential property.

“I’ve been living in Boise legally for more than two years. It’s a shame that Meridian has been so slow to catch up, particularly in this housing crisis,” said Chasidy. “Boise is proof the model works. Meridian has no excuse to ban mobile tiny homes.”

IJ has successfully challenged arbitrary laws that prohibit people from using their property in ways that people have always used their property: to grow vegetables on their front lawn, to run small home businesses, and to bake and sell food from a home kitchen. Last year, IJ won a challenge to a zoning ordinance that bans the construction of tiny homes in a small Georgia city, and IJ is currently fighting a zoning law prohibiting an Arizona woman from continuing to live in an RV on her own property. IJ stands ready to fight government prohibitions that worsen the housing crisis and help property owners fight increasingly intrusive and irrational regulations.