San Rafael may enforce homeless camping law

San Rafael is free to enforce its rules against homeless campers following a federal court ruling Thursday that ended a year of litigation.

The problem stemmed from a city ordinance approved in July 2023 that aimed to stem trends of violence, crime and litter associated with large encampments, city officials said. A lawsuit filed a month later by a group of homeless residents of the Mahon Creek Path encampment challenged the restrictions on the size and location of encampments.

The plaintiffs argued that breaking up the camps exposed the most vulnerable among them to greater health and safety risks. They claimed the order violated statutory and constitutional rights.

In April, the City Council voted to change the law in response to a court order to relax the rules to ease the concerns of plaintiffs and the judge. In his order Thursday, U.S. District Judge Edward Chen wrote that “the case is now moot, and therefore the Court no longer has jurisdiction to uphold the temporary injunction.”

“The amended ordinance allows for the grouping of individuals and campsites in a manner that mitigates the dangers that isolated homeless individuals may face,” Chen wrote.

Moreover, Chen wrote, “only individuals who willfully violate the ordinance may be charged. This addresses the due process concerns identified by the Court. And there is no evidence that the amended ordinance negates the rights of individuals with disabilities to reasonable accommodations.”

Over the past year, the number of tents at the Mahon Creek Path campground, which residents call “Camp Integrity,” has grown from 33 to 67.

The city’s updated ordinance is now in full effect. Campsites can be up to 200 square feet for a single person and up to 400 square feet for up to four people living together, doubling what was allowed under the previous ordinance.

The ordinance prohibits camping within 250 feet of schools and 100 feet of playgrounds. Camps must be 10 feet from other camps, utilities and private property.

City officials said the rules will be enforced through “written warnings and fair notice.”

Camping was already banned in open spaces, in city garages and on public roads such as pavements, as well as in Boyd Park and Albert Park.

“I am grateful that the city can close this chapter,” Mayor Kate Colin said in a statement. “For nearly a year, this lawsuit has frustrated our community and diverted limited city resources from compassionate and effective solutions for our homeless community.”

Anthony Prince, an attorney for the California Homeless Union, said he would prefer Chen deny the city’s request to dismiss the case.

“With that in mind, there is no doubt that this entire battle was a complete victory for the people of Mahon Creek,” Prince said.

Prince said Chen found their claim had standing under the Americans With Disabilities Act because it raised the state-created danger doctrine and 14th Amendment due process rights. Chen’s order says, “Defendant recognizes that these issues would remain relevant if he were to reenact the prior regulation.”

“The judge’s order is a constraint on the city if it dares to try to roll back its regulations,” Prince said.

Prince said members of the union, which has a branch in San Rafael, remain skeptical about how local governments will act in light of Gov. Gavin Newsom’s executive order last month directing state agencies to clear homeless encampments and calling on cities to do the same.

Newsome’s order comes a month after a U.S. Supreme Court ruling that authorized officials to enforce a ban on sleeping in public places.

“All of these cities will take this as a green light to make changes and implement more repressive measures,” Prince said. “We don’t trust this city.”

Robbie Powelson, a union representative, agreed.

“In order to obtain this order, the city told the court that there are enough places in San Rafael where homeless people can legally stay and that the city would not reinstate its rejected anti-camping ordinance,” Powelson said. “I disagree with the court’s optimistic view that the city will keep its promises.”

The lawsuit, which has cost the city about $500,000 in legal fees, is one of five challenging the city’s response to the homelessness crisis since 2021.

Homeless advocates and residents are suing the city over a city-approved encampment known as a “service support area” (SSA) that opened on a commuter lot under the 101 Freeway.

The city was sued again when Caltrans closed the camp. The city was also sued for banning camping in Albert Park and the Menzies parking lot.

Now, city officials are continuing to pursue code enforcement cases against several people who had illegal structures that posed safety hazards on their properties. Officials have dismantled 40 illegal structures and removed more than 30 tons of materials from encampments in the past few months.

The city has asked a court to order the removal of nine more structures after residents failed to comply with a July 31 order to demolish them, said John Stefanski, deputy city manager. An administrative hearing is scheduled for Aug. 20.

Meanwhile, city officials are preparing a comprehensive report on their response to the homelessness problem, which will be presented to the City Council on August 19.

At that time, staff expects to discuss a proposed approved camping area program along the northern portion of Mahon Creek Path, an effort supported by a $5.99 million state grant. Staff also expects to present updated regulations in light of the Supreme Court ruling, Stefanski said.

Stefanski said staff is still working on the proposal and declined to elaborate on how the rules would change. More information will be released in the next week or two.

Colin said she looks forward to “working with the county, nonprofits, local businesses and homeless individuals to address the issue of encampments in a compassionate but effective way that will enable people to find permanent supportive housing.”

Originally published: August 8, 2024 at 5:44 PM