Judge modifies TRO in Lee Gerner homeless encampment dispute

Sherman R. Frederick

Novato Advance

Federal Court Judge Yvonne Gonzalez Rogers modified her temporary restraining order against the City of Novato today, dealing a blow to homeless advocates who maintain that unless the city has a place for them to stay, they may camp out anywhere they want in the city. 

The judge, however, upheld the portions of the TRO that prohibits the city from enforcing camping ordinances that would in effect prohibit daytime camping and clear out the permanent homeless encampment at Lee Gerner Park. 

The judge ruled that the city of Novato “may offer voluntary placement at alternative facilities. The Court understands that the current plan is to offer space at the New Beginning Center or, if the New Beginnings Center has no available beds, Homeward Bound’s Kerner shelter in San Rafael. This offer is intended to be made to persons currently encamped at Lee Garner Park, including offering transportation and storage of personal property. Defendants are not limited in their options to provide alternatives, but until otherwise ordered, persons may not be removed if the offer is declined.” 

The homeless in the Lee Gerner Park “shall be prepared to explain any refusal to accept placement,” the judge ruled. 

Also, the judge said the city “may enforce Municipal Code Section 14-20.5 throughout the City as long as the same is not enforced selectively against persons currently encamped at Lee Garner Park.” 

Also the court made it clear that the TRO “does not prohibit the City from arresting or detaining and, if appropriate, removing any person within Lee Gerner Park who commits a crime independent of camping, sitting, lying, or sleeping at the Park.”

A press release from the city said: “With the exception of these modifications, the Temporary Restraining Order remains in place for the purpose of freezing the parties where they currently are, pending the outcome of litigation. An evidentiary hearing is set for Aug. 9 and 10.”

Jason Sarris, a leader of the homeless encampment at Lee Gerner Park, issued a misleading statement on Facebook that made it appear that the judge entirely denied the city’s request for modification. 

He wrote: “Novato filed a motion to modify the Temporary Restraining Order that Camp Compassion (Lee Gerner Park) has on the city. In federal court today the judge said “no can do.” 

That is incorrect. The judge granted key parts of the city’s motion to modify.  

Sarris also maintains that he can’t leave the confines of Lee Gerner Park because he has a skin condition. The park’s shade and moist environment offers him natural relief from his ailment.

(You can reach the writer via email at shermfrederick@gmail.com.)