Yimby Law Leader Cleared Of Charge She Broke California Bar Rules

An attempt to disqualify a California “yes in my backyard” advocacy group has failed, quickly putting to rest a complaint that its leader falsely acted as an unlicensed lawyer.​

After an internal investigation, the State Bar of California concluded YIMBY Law Executive Director Sonja Trauss is an activist, not a lawyer.​

“Throughout our investigation, there was no evidence obtained that showed (Trauss) represented clients, advertised legal services, provided legal services or advice, held out as an attorney, or otherwise engaged in the unauthorized practice of law,” the association’s investigator wrote in a letter to Newport Beach land use attorney Kendra Mehr, who filed the complaint.​

With the letter, the association ended a brief “not in my backyard” procedural trial balloon aimed to introduce an alternative legal approach to fight back after losing an upzoning battle. A different ruling could have chilled First Amendment rights in political advocacy.​

Complaint arises after upzoning battle losses​

The complaint arose from a letter Trauss sent to the Rancho Palos Verdes City Council, urging the City to retain three upzoned parcels in its housing element that city officials were considering removing. Mehr argued in her complaint that the letter crossed into unlicensed legal practice when she reported Trauss to the bar association.​

Trauss is not a lawyer, nor does she hold a law degree, so she would not be a member of the bar. Still, the association informed Trauss in late December that it would investigate.​

Unauthorized practice of law in California can lead to a 1,000 dollar fine and up to a year in prison.​

Institute for Justice lawyers representing Trauss fired off a lengthy letter to the state bar association, arguing that she engaged in political advocacy, not legal representation. They were surprised the complaint even passed through the association’s initial screening process, when few do.​

​”Even under the narrowest view of the First Amendment’s protections, the state cannot demand a law license of people who want to write letters telling government officials to change their ways or to vote one way or another on contentious issues,” IJ lawyers wrote.​

YIMBY Law has used public records requests, warning letters and lawsuits to pressure local officials across California to follow state mandates.​

Mehr represented the property owners who sold one of three lots under review to a developer, who then sought to build 14 townhouses and two accessory dwelling units. Despite heavy neighborhood opposition, the city council declined to remove the sites, citing state housing laws that limit downzoning.​

Mehr represented her clients again when the city’s housing plan went to the California Coastal Commission for final approval. She argued the higher density violated local coastal rules favoring single-family homes. The commission still approved the city’s plan.​

Lessons learned​

The quick dismissal should discourage similar procedural tactics against residents who challenge cities on housing compliance.​

“Political advocacy is as American as apple pie,” said Sonja Trauss. “This is an important win for the right to express political opinions, the right to talk about what we think the law requires, and is something all Californians will benefit from.”​

Still, NIMBY forces have shown an unrelenting willingness to take fights to all corners. The episode warns that NIMBY forces may keep testing novel ways to undercut upzoning campaigns.