March 5, 2021

On March 1, U.S. District Court Judge Edward M. Chen 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."

On March 3, the Sausalito City Council released the following statement:

"We appreciate the thought the judge gave his decision and the consideration he gave to the special circumstances created by the COVID-19 pandemic. The City of Sausalito has immense compassion for those who find themselves unsheltered, for whatever reason, and is committed to treating everyone in our community with dignity and respect. We persist in reaching out daily to local and regional government partners, and nonprofits, to find appropriate and alternate housing for the occupants of the Dunphy Park encampment, recognizing that it is essential for Sausalito to partner with others to find viable and positive solutions. The City appreciates the court's stated willingness to consider additional evidence regarding the benefits of relocating the encampment to Marinship Park. We are carefully reviewing the court's ruling with our legal counsel."

The U.S. District Court 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.

City officials continue to meet with local and regional governmental agencies and officials, as well as nonprofits, to identify alternate housing for the encampment occupants.