News Release: Federal Judge Dismisses Lawsuit Limiting City Regulation Of Camping On Public Property

Media Contact:
John Stefanski, Assistant City Manager
[email protected]

FOR IMMEDIATE RELEASE: August 8, 2024

FEDERAL JUDGE DISMISSES LAWSUIT LIMITING CITY REGULATION OF CAMPING ON PUBLIC PROPERTY.

SAN RAFAEL, CALIF.- After nearly one year of litigation, on August 7, 2024, United States District Judge, Edward Chen, granted the City's motion to dismiss and dissolve the preliminary injunction related to Boyd v. City of San Rafael. With this action, San Rafael may now fully implement its Camping of Public Property Ordinance (San Rafael Municipal Code Chapter 19.50)throughout the City.

In July 2023, in response to the growing significant public health and safety impacts and hazards associated with encampments in the City, the San Rafael City Council passed new regulations for camping on public property. These regulations set spacing and density rules for camping on public property by persons with no alternative shelter available. Three days before the Ordinance was to go into effect, several persons living on the Mahon Creek Path filed a lawsuit in the U.S. District Court of the Northern District of California to challenge the legality of the ordinance. Following an August 16, 2023, Temporary Restraining Order, Judge Edward Chen issued a Preliminary Injunction Order which limited the City's ability to enforce its new ordinance. The Preliminary Injunction has been in place since October 2023.

In response to the Preliminary Injunction Order, in April 2024 the City Council amended its regulationsto address the concerns raised by the Federal District Court. Under the updated ordinance, which is now in full effect, individuals may have campsites of up to 200 sq. ft. for one person and 400 sq. ft. for up to 4 persons. Campsites must be at least 10' from other campsites, public utility infrastructure, and private property lines. No camping is permitted within 250' of schools and 100' of playgrounds. The City will enforce these regulations through written warnings and fair notice.

The Boydlawsuit represents just one of five lawsuits filed against the City for its work responding to and addressing the impacts of homelessness since 2021. Advocates and individuals experiencing homelessness have sued the city over the opening of the Service Support Area (SSA) underneath the Highway 101 overpass on Caltrans property. When Caltrans closed the SSA, the City was sued again by several persons living in the SSA, this time for closing the encampment. Similarly, the City was sued for prohibiting camping at Albert Park and the Menzies parking lot.

"I am grateful that the City can bring a close to this chapter. For nearly a year, this lawsuit has frustrated our community and diverted limited City resources away from compassionate and effective solutions for our unhoused community," said Mayor Kate Colin, "I look forward to the City now focusing our attention on working with the County, non-profits, local businesses and unhoused individuals to resolve encampments in an empathetic yet successful way that will get folks into permanent supportive housing."

In light of the Boyd lawsuit, the City has worked to find solutions that honor the dignity of every person living in San Rafael, while at the same time preserve the accessibility and cleanliness of shared public spaces. Earlier this year, the City and County of Marin jointly applied and received a $6M Encampment Resolution Fund grant. The grant will fund the development of interim shelter and hiring of dedicated case managers and outreach workers to assist individuals experiencing homelessness on their pathway to housing.

In addition, the City now conducts regular encampment site assessments to inspect, notice, and abate illegally constructed structures in City parks and rights of way. To date, the City has successfully abated forty of illegally constructed structures, resulting in the removal of over thirty tons of material from encampments in the last few months. The City recently tagged nine newly constructed structures along Andersen Drive that should have been dismantled by July 31st. Since the structures were not removed, the City will now seek an order to abate the structure via an administrative hearing scheduled for August 20th.

City staff will be presenting a comprehensive homelessness update for the community and the City Council at its regularly scheduled meeting on August 19that 6:00pm at San Rafael City Hall. Staff will present on the proposed sanctioned camping area along the northern portion of the Mahon Creek Path, as well as updated regulations in light of the recent Grants Pass decision from the U.S. Supreme Court. San Rafael's website includes a lot of additional information as well as answers to Frequently Asked Questions and can be accessed here.

You can read Judge Chen's Order dismissing the Boydlawsuit here: Judge Chen's Order: Case 3:23-cv-04085-EMC

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