Marin County Homeless Union v. City of Novato

Background

On July 15, 2021, the court entered a temporary restraining order, which is a short-term court order intended to preserve conditions while the court considers further proceedings. The order barred the defendants from enforcing Novato Municipal Code Sections 7-11, 7-12, 14-20.5, and 14-20.7 until further order. It also barred closing Camp Compassion at Lee Gerner Park or otherwise removing people encamped there.

On July 23, 2021, the defendants moved to modify that order. After considering the written submissions and arguments at the July 26 hearing, the court granted in part and denied in part the motion.

Changes to the temporary restraining order

The court confirmed that defendants could offer voluntary placement at alternative facilities. The order states that the current plan was to offer space at the New Beginning Center or, if it had no available beds, at Homeward Bound’s Kerner shelter in San Rafael. The offer was to be made to people currently encamped at Lee Gerner Park and could include transportation and storage of personal property.

The defendants were not limited to those alternatives. However, until further order, people could not be removed if they declined an offer of placement. The plaintiffs were required to be prepared to explain any refusal to accept placement.

The court also confirmed that the temporary restraining order did not prevent the City from arresting or detaining, and when appropriate removing, a person in Lee Gerner Park who committed a crime independent of camping, sitting, lying, or sleeping there.

The court denied the defendants’ remaining requested modifications because, in the court’s view, they would alter the status quo.

Further proceedings and disposition

The court modified the briefing schedule concerning the order to show cause so that the plaintiffs’ reply was due August 2, 2021. It set an evidentiary hearing for August 9, 2021, from noon to 3:30 p.m., with a continuation scheduled for August 10 if necessary. The court said it would tell the parties whether the hearing would be removed from the calendar after reviewing the briefing.

The court referred the matter to Magistrate Judge Robert Illman for settlement purposes. It stated that the temporary restraining order remained in effect, that the motion to modify was granted in part and denied in part, and that the order terminated Docket Number 13.