A federal judge has issued a ruling that allows Novato to close its camp for homeless people at Lee Gerner Park.
The decision by Magistrate Judge Robert Illman stems from a lawsuit filed by a group called the Marin County Homeless Union. The group sued Novato in 2021 after the city adopted camping restrictions.
In 2022, the litigants reached a settlement allowing the city to close the camp on Oct. 13, 2024. A short time after that date, the camp’s lawyers alleged the city breached some provisions concerning the closure plans and filed a motion asking a judge to enforce the settlement.
Illman ordered the city to keep the camp open while he determined if he had jurisdiction over the matter. On Jan. 15, he denied the motion.
“Given the fact that the term of the settlement agreement — and the court’s jurisdiction — expired on October 13, 2024, and given the fact that Plaintiffs’ enforcement motion was filed after that date, the court lacks jurisdiction to entertain Plaintiffs’ motion,” the ruling said.
He said the plaintiffs would have to file a separate breach-of-contract lawsuit if they want to pursue the dispute.
Meanwhile, the City Council is scheduled to discuss permanently closing the camp at its meeting on Tuesday. The camp is near the public library and several businesses along Novato Boulevard near Seventh Street.
“It’s an unfortunate ruling,” said Jason Sarris, chair of the Novato Housing and Homelessness Committee. “I feel like he could have gone either way on it but he didn’t.”
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In December, the city passed a camping ordinance that banned camping gear on public property at night. At the time, the campers at Lee Gerner Park were not affected because of the court order to keep the camp open until the judge reached a decision.
Novato released a statement saying it upheld the settlement because it maintained the temporary camp for two years. Tents, showers, bathrooms, outreach services and caseworkers have also been provided. The temporary camp cost $13,000 to $15,000 a month to operate, the statement said.
“We continue to work with partners to ensure the needs of our most vulnerable community members are met,” it said.
Sarris, a founder of the camp, said it is a place where case workers can consistently connect with homeless people and get them into housing. He said the camp model is working — since 2022, 24 campers have been housed — and it could be moved elsewhere if needed.
“More importantly, it’s a model that’s needed in Novato until something more durable is placed,” Sarris said.
The city recently engaged Specialized Assistance for Everyone, a mobile crisis response team of social workers who offer support for people suffering mental health emergencies, substance abuse or homelessness. The program is expected to start in March.
“Novato remains committed to supporting those experiencing homelessness by strengthening existing partnerships and fostering new collaborations that provide innovative and effective solutions toward stable housing,” the city said in its statement.
Sarris said he is worried about the implications of closing the camp with the new ordinance in effect.
“If they are swept or displaced, it’s unclear where they will be able to move to or really even exist,” Sarris said.
