The new anti-camping ordinance in Fairfax will not be enforced until at least next month because of a federal lawsuit by a homeless inhabitant of Peri Park, the town said.
The announcement followed a hearing Tuesday in federal court. The plaintiff, Shaylee Koontz, filed a petition on Feb. 7 asking the court for an injunction to keep the camp open.
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The town recently rejected an application that Koontz had filed to get a permit for the camp, which is near the Contratti Park ballfield. Koontz is one of about half a dozen women living at the park.
The town said it denied the permit on public safety grounds. Municipal code states that it is unlawful for anyone other than town staff to go into parks, playgrounds, public tennis courts and the ballfield between sunset and sunrise without permission. However, the code says the town could grant permission if there is “sufficient police protection or adult supervision to avoid malicious conduct.”
Koontz noted that the campers are adults and the park is near the police station. The town said it does not have the resources to dedicate a police officer to the park.
Koontz, who is representing herself in the federal petition, cited due process, the Americans with Disabilities Act and other causes to justify an injunction. The petition names the town and a slate of its officials as defendants.
U.S. District Judge Rita Lin set a deadline of March 4 for Fairfax to file its counterargument. A hearing on the motion is scheduled for 10 a.m. March 18.
“In the meantime, in accordance with the Court’s direction, no enforcement of the anti-camping ordinance against the encampment near the ballfield will take place prior to the March 18 hearing,” the town said in its announcement. “The Town remains committed to addressing this matter with care, balancing legal obligations, community needs, and the well-being of all Fairfax residents.”
The ordinance was adopted in December. The town drafted it after receiving complaints about trash and misconduct at the camp.
The ordinance took effect on Saturday.