U.S. District Court Judge Edward M. Chen on Monday granted a preliminary injunction enjoining the City of Sausalito from closing or clearing the Dunphy Park tent encampment and enforcing its prohibition on day camping.
In his ruling, the judge wrote that "as the COVID-19 situation changes, the preliminary injunction may need to be reviewed." He further wrote that the City is not precluded from filing a motion to modify the preliminary injunction to allow the encampment to be moved if it is demonstrated "that there are no toxic risks at the proposed encampment site at Marinship Park and that the move can be safely accomplished."
The City is reviewing the ruling with its counsel.
The ruling was in response to an application filed February 16 by the Sausalito/Marin Chapter of the California Homeless Union, on behalf of itself and 10 individuals, seeking to stop the closing of the Dunphy Park tent encampment and the relocation of its occupants to Marinship Park, in accordance with a resolution approved by the City Council in early February. The City opposed the application. The California Homeless Union filed a response to the City's opposition. Judge Chen held a hearing on the issue on February 23.
Over the last several weeks, City officials have been meeting with local and regional governmental agencies and officials, as well as nonprofits, to identify alternate housing for the encampment occupants. The City Council recently expressed the City's dedication to aiding those without shelter by approving a resolution last month affirming Sausalito's commitment to explore every opportunity to provide shelter and care to those without a home.
Last week, the City's efforts resulted in one of the encampment's initial occupants receiving housing assistance from the Marin County Veterans Services Office. The office also assisted the individual in securing other benefits.
The City is applying for grant funding under two state programs designed to protect Californians experiencing homelessness during the COVID-19 pandemic and is participating in a group convened by Marin County Health and Human Services to identify appropriate housing options for encampment occupants. Return to full list >>
