U.S. District Court Judge Edward M. Chen today heard testimony in ongoing litigation concerning the Dunphy Park tent encampment and concluded the nearly three-hour hearing by announcing he was taking the matter under submission. He asked the City of Sausalito to provide within three days information on how many individuals residing at the encampment had received their first and second COVID-19 vaccinations in an effort coordinated by the City and the County of Marin Department of Health and Human Services. 

The judge set the afternoon’s session as part of his consideration of the City’s April 9 motion asking the court to modify its preliminary injunction to permit the relocation of the Dunphy Park encampment to Marinship Park, based on new facts and circumstances, including that recent soil and air samples had demonstrated that the U.S. Army Corps of Engineer’s boat disposal operations presented no toxic risks to the park or to those who use the park. 

The soil and air samples were conducted for the City by Monte Deignan of Monte Deignan & Associates, an environmental and industrial hygiene firm based in Larkspur. Deignan appeared today as the City’s expert witness and during testimony, as well as cross examination, reiterated confidence in his methodology. He also stated that he was confident that the vessel abatement activities that were occurring at the time of testing were representative of the activities that regularly occur at the Army Corps’ yard. 

The local chapter of the California Homeless Union presented as their witness Robyn Ray, a national special projects manager with EMSL Analytical, Inc., a toxic materials and analysis firm based in New Jersey. Ray questioned the adequacy of Deignan’s testing protocol, focusing on how air samples were collected, how many samples were collected, and the sufficiency of testing during boat abatement operations, specifically the disposal of fiberglass-hulled vessels, among other issues. 

Counsel for the Homeless Union concluding the hearing by asking for additional air sample testing under various conditions, a request that was opposed by counsel representing the City. The judge said no additional information would be accepted, except for the COVID-19 vaccination data.