Post Date:05/26/2021 2:45 PMThe Dunphy Park tent encampment can be relocated to Marinship Park under a ruling issued today by U.S. District Court Judge Edward M. Chen.
In response to the ruling, Mayor Jill Hoffman said, “The City appreciates the Court’s thoughtful decision and will proceed in accordance with the Court’s authorization and direction.” She added that further information will be made available in the coming days.
The judge, ruling on the City’s April 9 motion to modify a preliminary injunction barring the relocation of encampment occupants, said that based on the evidence, including expert testimony, “there is no significant danger to people living in Marinship Park.” The Sausalito/Marin County Chapter of the California Homeless Union had opposed the City’s motion, claiming there was a risk due to the abatement of vessels at the Army Corps of Engineers’ yard adjacent to Marinship Park.
Referencing an analysis of air samples taken at Marinship Park while the Army Corps was conducting an abatement, the judge said, “The results of the testing showed the area was safe.” The testing was done on behalf of the City by Monte Deignan of Monte Deignan & Associates, an environmental and industrial hygiene firm based in Larkspur.
“Accordingly,” Judge Chen wrote, “the Court concludes that Plaintiffs (California Homeless Union) have failed to demonstrate that Marinship Park is not a safe location for the encampment.”
The judge concluded by stating that the City is able to relocate individuals from Dunphy Park to Marinship Park “dependent on the City fulfilling all other conditions and safeguards” outlined in the ruling. These safeguards include the safe transportation to Marinship Park for encampment occupants, with the City employing resources allowing each camper to be moved individually and the continuation of mobile shower facilities at Marinship Park. Judge Chen also noted that there is “no indication that the City has any plan to evict campers from Marinship Park – permanently or temporarily (e.g., because the park is being used for an event) once campers are moved there.”
When the court issued the preliminary injunction, Judge Chen left open the possibility for the City to seek a modification to allow Dunphy Park occupants to be relocated to Marinship Park provided it could be shown that “there are no toxic risks at the proposed encampment site at Marinship Park and that the move (from Dunphy Park to Marinship Park) can be safely accomplished.”
