Sausalito banned camping on public property in 2022 after it closed the only homeless encampment in the city. Fairfax and Novato are considering similar measures.
Advocates for the homeless fear that if Fairfax and Novato adopt anti-camping policies, it could create a domino effect throughout Marin’s municipalities. In a county where shelters remain perpetually full, these bans could leave no place for the unhoused people to rest their heads legally.
“A camping ban forces everybody out of that town,” advocate Robbie Powelson said. “Then the other towns will get an influx of people, and those towns will want to pass a law. But in the end, nobody has anywhere to go. You’ll have law enforcement sweeping camps and seizing people’s survival gear and belongings. And that makes the living situations of people on the streets horrible and dangerous. That’s the race to the bottom, basically.”
To evade sweeps and citations, some homeless people hide in remote areas, far from food, water and shelter. Powelson notes that research shows their mortality rate is significantly higher than that of housed individuals.
A large-scale study using data from 21,000 deceased homeless people in the United States determined the average age of death was 51, while the average life expectancy of the general population is 78 years, according to an article published this year in Health Affairs, a health policy journal.
Fairfax unveiled its proposed anti-homeless ordinance last week. The document states six times that “sleep” or “sleeping” is prohibited on public property. To be clear, the law isn’t aimed at a dad napping during a family picnic in the park. It targets homeless people, who need sleep just like housed people.
Why did the left-leaning Fairfax Town Council introduce the ordinance? Currently, a total of five homeless people live at Peri Park, causing many townsfolk to fret and demand the council take action.
Some Fairfax residents have voiced typical concerns about encampments, such as trash, drug use and mental health issues. A key worry raised at town council meetings is the safety of children playing in Peri Park, particularly with the upcoming West Marin Little League season at nearby Contratti Park. However, some parents report no problems when bringing their children to Peri Park.
Gary Naja-Riese, director of Marin County’s Homelessness & Coordinated Care department, spoke at the Fairfax Town Council meeting on Nov. 19 to answer council members’ questions and provide perspective on “the most humane and successful pathway to resolving encampments.”
He recommended evidence-based practices to close the encampment, including outreach workers and case managers who assess campers and help them enter the county’s coordinated care system. Naja-Riese stressed the need to allow enough time to connect individuals with permanent housing.
“Currently, there are no [Section 8 housing] vouchers available for individuals,” Naja-Riese said. “The Marin Housing Authority is in something that’s called ‘voucher shortfall,’ which happens occasionally. It means that all available vouchers and funds have been expended. We don’t expect there to be additional vouchers available until at least the beginning of the new year.”
Lack of shelter beds, just 161 in the county, also remains an issue. Marin’s 2024 homelessness point-in-time count indicated 1,090 homeless people live here, leaving many with no choice but to stay on the street.
Naja-Riese suggests that Fairfax allow current residents to stay, while preventing new individuals from joining the encampment. The campers would then work with case managers on their permanent housing path, which may start with a temporary stay in a local shelter.
He proposed that local funding and resources from Fairfax or other sources would make the program possible. Despite the quick action demanded by some residents, Naja-Reise said it’s unlikely that it would be successful in 90 days.
The county runs a similar program at a vehicle encampment on Binford Road in Novato, funded by a state grant. In a year, the population went from 132 individuals to 60.
Outreach workers also need time to build trust with traumatized campers. Unfortunately, visitors to the Peri Park encampment have slowed efforts to resolve the encampment.
“I can confidently say I’ve received at least two to three complaints from individuals in the encampment who have said that they’re confused as to why members of the public have approached them, promising services and support,” Naja-Riese said. “They are not sure what to do. And when clients get put in that position, that hesitation can cause them to not take advantage of opportunities that are actually in front of them.”
A review of social media posts from Fairfax residents bears this out. One woman wrote that she tried to convince campers to leave, offered them a ride and encouraged them to go to San Rafael, where she said more services are available.
After a contentious round of public comments and discussion among the Fairfax council members, they voted unanimously to continue consideration of the ordinance at the Dec. 4 meeting.
Meanwhile, the Marin County Homeless Union and the City of Novato will meet in federal court on Dec. 3. The union claims the city violated a 2022 settlement agreement by trying to close the sanctioned encampment in Lee Gerner Park without a needs assessment and proper notice. The city denies these allegations in its court filing.
Novato officials expect a final ruling in the case in December, after which “the City Council will address the ongoing status of the camp at a public meeting,” Sherrin Olivero, a Novato spokesperson, told the Pacific Sun in an email.
It appears the writing is on the wall. Even if the homeless union prevails in enforcing the settlement agreement terms, Novato seems determined to close the camp, despite 25 campers receiving permanent housing during the past two years. The agreement states that the closure is at the city’s discretion after it complies with specific requirements.
And then there’s the city-wide camping ban that Novato is considering. Olivero said last month that the city is evaluating its current camping ordinances based on the recent Supreme Court ruling in City of Grants Pass v. Johnson. The ruling held that regulating camping on public property does not violate the Eighth Amendment prohibition on cruel and unusual punishment.
In September, the Novato City Council, with staff reports recommending approval, had the encampment closure and camping ban on its meeting agenda. However, the city attorney withdrew the items after the Marin County Homeless Union argued that placing them on the agenda violated the settlement agreement and requested a meet and confer.
The union’s attorney, Anthony Prince, vows to file another lawsuit if Novato closes the camp or passes the anti-camping ordinance. The legal action would be based on the 14th Amendment’s state-created danger doctrine.
It will be interesting to see whether Fairfax or Novato wins this race to the bottom. Stay tuned.
