Northern California City Relaxes Homeless Rules Amid national Lawsuit

Authorized by Brian Back via The Epoch Times,

The city council of San Rafael in Marin County, California, voted unanimously in a public proceeding last week, to adopt a more relaxed version of its first dealing with homeless camps and where they are allowed.

The first was originally adopted by the council in July 2023 to aid curbviolence, crime, fire, and lettering at an encampment dubbed “Camp Integration” in the Mahon Creek area close James B. Davidson mediate School.

Several days before the Ordinance was set to take effect, a group of homeless residents represented by a local Chapter of the California Homeless Union filed a suit to block it in national court. A justice tentatively granted their request and has since issued preliminary orders to limit certain aspects of the city order.

San Rafael Mayor Kate Colin told the Marin Independent diary the city has passed numerical ordinances in fresh years as encampments have grown along with increased calls for police and fire response, but “has been sued in national court all single time.”

Officials say the Ordinance passed Monday, which goes into effect in June, allows campsites to double in size to up to 200 square feet for 1 individual or up to 400 square feet for up to 4 people surviving together, provided the camps are located more than 250 feet distant from school and have 10-foot buffers between sites. It besides prohibits camping 100 feet from playgrounds—about one-third of a regulation football field—and 10 feet from private property and public utility infrastructure.

San Rafael’s “Camp Integrity” has grown significatively over the past year with tons and another structures, and the accompanying drug use, sanitation problems, physical violence, and another issues are posing public wellness and safety gambling, according to the city.

“My business is surrounded,” Jay Ress, General manager of East Bay Tire Co., told the council at the meeting.

East Bay Tire purchased its property on Lincoln Avenue two-and-a-half years ago and invested $750,000 to renovate the site, Mr. Ress said. If the situation does not turn around shortly they will be affected to shut down, he added.

“We moved into San Rafael due to the reputation the city has had in supporting the business community,” Mr. Ress said.

“But with the current situation, that reputation is being completely ruined, and I think the city is done to more people leaving.”

Christine Miller, who with her husband Rick owns the 103-year-old close business Marin region Roofing Co., besides purchased with the council in a letter. She gates the encampment next to her property has led to violent attacks against employees and resulted in the death of at least 1 homeless individual in front of her business.

“These are not people who lost their jobs and have fallen on hard times,” Ms. Miller gate.

“These are people who are recommended to drugs and actively engaging in drug related activity. Nothing is being done to hold them accountable.”

City staff said rules at “Camp Integrity” have been active with incentives and voluntary compliance, and under the fresh ordinance, no homeless individuals will be charged with violations unless their unlawful conduct is knowing or willful.

“Is it enforcement never? Is that what you’re saying?” asked City Councilmember Maribeth Bushey.

Told any gain tools to stay available, Ms. Bushey asked, “And when, Pray tell, will the city plan to execute these tools?”

The law claims unsettled as to who or not cities have the right to anticipate homeless campers on public property, and if San Rafael violated their national injection, the city could be held in contact of court, officials noted.

The "Camp Integrity" homeless encampment on Andersen Drive in San Rafael, Calif., on April 16, 2024. (Brian Back/The Epoch Times)

In a akin case that could guide the face of lawsuits targeting San Rafael and another cities, the U.S. ultimate Court will hear beginning arguments April 22 in Grants Pass v. Johnson, which exploits how far the Oregon city and others can go in police homeless camps.

The case addresses the Eighth Declaration dealing with “cruel and different punishment,” which has been invoked to block oversight of encampments in cities where limited taxpayer-founded housing is available for homeless individuals. Lower court decisions in the case have focused on whother people are “involuntarily” homeless and would agree to leave an encampment and occupy a shelter bed if available.

The "Camp Integrity" homeless encampment on Andersen Drive in San Rafael, Calif., on April 16, 2024. (Brian Back/The Epoch Times)

As “Camp Integrity” has grown, the city has added tangy collection services, hand-washing stations, and six portable restrooms, 2 of which are ADA complex. any of the wellness and safety upgrades were requested by campers in a city-administered survey.

Marin region and the City of San Rafael jointly applied for $5.9 million in state funds earlier this year and say they are optimal they will be awarded the money this month. The grant would add outreach staff, case managers, facilities specified as mobile showerers, and supply funds for interim hosting.

California Gov. Gavin Newsom attended Redwood advanced School, just a fewer miles from San Rafael, and he previously lived with his household in a close Marin region state that sold for $5.9 million before he was elected governor.