Lee Gerner Park, above, is the site of a federal court case pitting the homeless who say they can camp anywhere they want and a city that doesn’t want public parks becoming permanent homeless encampments. The police have testified that the homeless in the park have almost universally refused other accommodations. The judge in the case has told homeless advocates to prepare to explain why.
Sherman R. Frederick
Novato Advance
The fight between the entrenched homeless encampment at Lee Gerner Park and the city of Novato moved closer to a possible resolution in federal court this week.
Last week, Federal District Court Judge Yvonne Gonzalez Rogers modified her temporary restraining order against the City of Novato, dealing a blow to homeless advocates who maintain that unless the city has an acceptable place for them to stay, they may camp anywhere they want in the city.
The city wants to ban all daytime camping in Novato and restrict nighttime camping from sensitive areas, such as water sources, public facilities and fire danger areas. This would effectively put an end to the permanent homeless encampment in Lee Gerner Park.
The judge first clarified 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.”
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.”
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.”
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. That’s a core issue yet to be determined.
Both sides also submitted sworn testimony to the court. Homeless leader Jason Sarris told the court under oath that he cannot leave the confines of Lee Gerner Park because the park offers therapeutic shade and moisture for his severe skin condition. He also said that if he were forced into the direct sun for extended periods he might get cancer.
Novato Police Officer Alan Bates submitted lengthy testimony about his interaction with the homeless in the park. He told the judge that the homeless there routinely refuse living accommodations and seem to prefer to congregate at the park. During the day, he said, the park grows in numbers with the use of drugs, alcoholism and risky COVID-19 behavior.
In her ruling last week, the judge may have tipped her hand on the direction she may go in weighing the camping laws enacted in Novato and the vague principles established in a previous Martin v. Boise ruling. She said the homeless in Lee Gerner Park “shall be prepared to explain any refusal to accept placement.”
Asked if the city was satisfied with the modified TRO ruling which appeared to unhandcuff police from enforcing basic community rules such as public drinking, open fires etc, Novato City Manager Adam McGill told the Novato Advance that he is prohibited from commenting on the situation beyond an official city press release.
The press release 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.
(You can reach the writer via email at shermfrederick@gmail.com. You can reach all departments at the newspaper at 415-408-1073.)
The police have always been able to arrest people at LGP for crimes such as you describe. Martin vs. Boise has never prohibited that.
Let’s hope the community of Novato can once again enjoy the use of LGP without being harassed and threatened by this encampment! This park needs to be returned to the people of Novato to enjoy!