Cop details in federal court observed homeless behavior in LGP — drugs, alcoholism and risky COVID behavior

(Editor’s Note: This is an excerpt from a filing in federal court from Novato Police Officer Alan Bates on the homeless encampment at Lee Gerner Park.)

I am a supervisor for the Novato Response Team in the City of Novato Police Department. Unless otherwise stated, I have personal knowledge of the matters set forth herein and if called upon as a witness, I could competently testify thereto.

At the beginning of 2020, I was assigned to the Novato Response Team (“NRT”) as a supervisor. I supervised two officers, Joshua Wax and Thomas Lyons. In July of 2020 Officer Alejandro Muller replaced Officer Tom Lyons.

Prior to the COVID-19 pandemic, the NRT would interact with the unhoused on a regular basis and work to find suitable alternatives and resources. Our approach was, and is, individualized. Each person we interact with has different needs. At that time, there was only one option for emergency or temporary shelter, Mill Street. Since the shelter was often full, we would alter our approach to interact with the unhoused early enough in the morning to call Mill Street and secure a bed.

I cannot recall a single time where the offer was accepted during 2020. The unhoused we interacted with resisted our offers of housing. Some did, however, accept resources such as food, transportation, and household items. When possible, the NRT would identify other housing options (such as family in other cities) and facilitate their transition.

In approximately March of 2020, the NRT regularly interacted with nine individuals at Lee Gerner Park. These unhoused campers were living in seven tents on the south side of the creek, north of the walking path. The nine individuals and others from outside the encampment would congregate during the day and use alcohol and drugs.

Complaints about trash, alcohol/drug use, verbal and physical altercations, dogs off leash, and affected nearby businesses were a common occurrence.

The NRT’s approach to these issues was one of compassion and reasonableness. Despite blatant infraction violations (drinking and smoking, dogs off leash in the park, and more) we rarely issued citations. It was my opinion that the ramifications for an unpaid infraction citation inhibited our ability to get unhoused violators out of homelessness and into new housing and employment.

For example, the team assisted an unhoused camper, Plaintiff Jason Sarris, by connecting him with Marin Legal Aid because he had 14 unpaid infraction citations. Since he failed to pay the fines or challenge them in court, his driver’s license had been suspended 14 times over. Once he was in contact with Legal Aid, he attended Community Court and was given community service. Once he completed his community service, our team brought him DMV forms, helped him complete them, placed the documents into envelopes, and mailed them. His goal was to obtain a driver’s license and get a job. I recall several interactions when Plaintiff Jason Sarris was desperate to get out of homelessness and out of Lee Gerner Park. On July 1, 2020 I emailed a clerk at the Marin County Superior Court inquiring how I could assist in getting Plaintiff Jason Sarris’ drivers license reinstated. It read:

“Good heavens! Since its a marijuana cite, do you think the court would kick it? I’m working to get him out of homelessness and am trying any angle to get him a license.”

Despite the NRT’s best efforts, housing offers provided to him were quickly met with refusal. Plaintiff Jason Sarris often referred to Homeward Bound as “blown out.” Plaintiff Jason Sarris did not want to have a curfew and follow rules in a shelter setting.

Our team worked exhaustively with the nine individuals at the encampment to locate family or other opportunities in early July, 2020. Four quickly found family outside the area and were reunited. One unhoused camper identified his own apartment. One unhoused camper located a family member in Vallejo. One unhoused camper, Plaintiff Jason Sarris, decided he wanted to “live out of his backpack” and move on. One unhoused camper left the area before his decision was identified. One unhoused camper refused all assistance and remained at the park. Three of the nine unhoused camper accepted stays in local hotels while they transitioned from the park, but the rest declined the offer of transitional hotel rooms.

Simultaneous to this transition, the City of Novato conducted a significant cleanup and elicited a report from an arborist to determine if there was permanent damage to the park. The arborist determined that human presence was having a detrimental effect on the creek bank and heritage trees. As a result, the affected area was fenced off and, eventually, a split rail fence was installed by volunteers and Novato Public Works.

During the summer of 2020, and prior to the permanent fence being installed, several of the nine unhoused campers returned to the park. One subject voiced his desire to invite others to the park so the County would be “forced” to bring in restrooms and handwash stations per CDC guidelines.

In the summer of 2020, when the COVID pandemic was in full swing, the Marin County Emergency Operations Center provided restrooms and handwash stations to the unhoused subjects at the Lee Gerner Park encampment. The presence of these amenities resulted in an increase of “visitors” during the day. The NRT regularly received complaints about COVID-19 violations taking place at the park. Despite the nightly population of unhoused being relatively low, the daytime population was often double. Once eight of the nine campers left Lee Gerner Park voluntarily, the County removed the restrooms and handwash stations. The unhoused falsely claimed the City of Novato chose to have the restrooms and handwash stations removed during August of 2020. On August 19, 2020, I received an email from Rebekah Reali of the Marin County EOC which read:

In late 2020, the NRT initiated a pilot program with the Multicultural Center of Marin and Marin County Health and Human Services. The pilot program, known as PIVOT (Prop 47 Improving Lives Via Opportunity and Treatment), embedded a case worker in the NRT with the goal of preventing those with behavior health issues from becoming a part of the criminal justice system. Librado Garcia was hired as the case worker representing PIVOT since he had already been working with the unhoused at Lee Gerner throughout 2020. Garcia partnered with the NRT, Debbie Walker with the Community Action Marin – CARE Team, and the Downtown Streets Team. The three non-law enforcement agencies have been collaborating with the NRT on a regular basis since late 2020.

In March, we conducted an assessment of the encampments across the county.

Based on that assessment and coordination with cities and towns, we strategically placed porta potties and sanitation stations at sites across the county.

In July, we assessed those who were at Lee Gerner Park and determined that all but one person was connected to housing.

Placement of the sanitation stations were no longer serving the Public Health goal to reduce the spread of the virus and we felt they may have been encouraging congregation, so they were removed.

Earlier this week, our Emergency Operations Center inquired with our vendor about how long it would take to place sanitation stations in the community. We did not ask them to place them back at Lee Gerner Park, but there was apparently a miscommunication and they were put back in place earlier today without our knowledge.

We are continually assessing the homeless encampment situation and working with our city partners to make decisions, informed by Public Health, about where to place stations.

Between approximately the summer of 2020 and July of 2021, the population unhoused campers staying at the Lee Gerner Park encampment has fluctuated between approximately 10 and 30.

In January of 2021, the Kerner Shelter opened and offered up to 43 beds for the unhoused. The NRT, CARE Team, PIVOT, and Downtown Streets began meeting on a weekly basis to discuss the unhoused individuals at the Lee Gerner Park encampment and develop individualized strategies for each occupant.

It has been my experience that a person looking for shelter can quickly obtain it. Our greatest difficulty has been convincing the unhouse to accept housing.

Regarding the claim that the unhoused campers would be at risk of COVID exposure if moved, it has been my experience that members of the Lee Gerner Park encampment have been extremely reckless with their personal COVID safety precautions.

Members of the police department responded to numerous calls and inquiries about why the unhoused were allowed to invite others from outside the park to visit the encampment during shelter-in-place. Throughout the last year and while shelter-in-place protocols were in place, I have contacted non-encampment persons who were attending social gatherings at the Lee Gerner Park encampment.

Each member of the Lee Gerner unhoused has left the camp at minimum on a weekly basis. I can recall observing each unhoused camper leave the camp, even during the most restrictive shelter-in-place orders.

Unhoused camper S.M.1 regularly leaves the encampment to play music for the public and attend parties at associates’ residences throughout Marin and San Francisco counties. In the Spring of 2021, he traveled to Southern California to visit friends. (Unhoused campers who are not Plaintiffs in this action are referred to by initials only to protect their privacy.)

Even when required, I have never seen unhoused camper S.M. wear a facial covering.

While conducting outreach at Lee Gerner, there have been several times when he was not present during the day, despite strict shelter-in-place orders.

Unhoused camper R.B. and unhoused camper and Plaintiff Bethany Allen share a tent and are in a relationship.

Plaintiff Allen regularly visits with her elderly parents in northern Novato and interacts with her son who is in her parent’s custody. On several occasions, Plaintiff Allen has brought her son, who appears to be under 10 years old, to the camp to socialize with the others.

I recall Plaintiff Allen wearing a face covering at the beginning of the pandemic, but never after mid-2020.

Plaintiff Allen’s boyfriend, unhoused camper R.B., obtained a non-essential job in Sonoma County in early 2021 and still commutes to this day.

Even during the shelter in place, unhoused camper R.B. regularly left camp to attend social gatherings. He often invited others to the Lee Gerner Park encampment to socialize. Plaintiff Allen and unhoused camper R.B. now live in an apartment in Novato.

Unhoused camper and Plaintiff Jason Sarris is very rarely at the camp during the day.

I specifically recall Plaintiff Sarris inviting other unhoused subjects from outside the City of Novato to stay at the Lee Gerner Park encampment. His self-proclaimed motivation for this was to get the County to provide restroom and handwash stations for the unhoused at Lee Gerner Park based on CDC Guidelines.

In the early summer of 2020, Plaintiff Sarris requested a stay in a local hotel. He agreed that he would “live out of his backpack” and leave the park if the I provided Plaintiff Sarris with a ride to the local hotel and listened to him express his appreciation for the team’s help.

Within weeks, Plaintiff Sarris was back at Lee Gerner. He claimed that his dog was killed because the NRT “evicted” him from the park. I attempted to investigate how his dog was killed and learned that Plaintiff Sarris had been visiting a friend (despite the shelter-in-place order and his free hotel room) when the friend’s dog killed Plaintiff Sarris’ dog.

Shortly thereafter, Plaintiff Sarris stayed for a brief time at Pioneer Park, which is north of Lee Gerner Park. I observed him stashing his tent and supplies under a tree when I engaged him.

In December of 2020, Plaintiff Sarris and unhoused camper Robbie Powelson moved from the Lee Gerner Park encampment despite the shelter-in-place order and established a new camp at 201 Sunset Drive in Novato. They invited others to come to their new camp and recruited parties from outside the unhoused community to deliver RVs and other supplies. Plaintiff Sarris and unhoused camper Robbie Powelson regularly interacted with people outside the unhoused community while at 201 Sunset Drive.

Jason Sarris lives in the large green tent closest to the library. He has voiced his desire to get away from the park and is willing to “backpack” instead of establish camp. Although he has no formal arrangements, he made an agreement…if provided with a hotel stay, he would allow DPW to discard his camp. I would like to offer him three to four nights in a hotel so he can transition away from Lee Gerner.

(You can read the full testimony in Wednesday’s (Aug. 4) Novato Advance. To subscribe, call 415-408-1073).