How does the Supreme Court Grant’s Pass ruling affect San Rafael’s ability to start moving campers?
The City’s ability to enforce its current camping regulations at the Mahon Creek Area encampment (including Anderson Drive) is limited due to an ongoing federal lawsuit which is based on claims brought under the “state-created-danger” doctrine via the Fourteenth Amendment and under the Americans with Disabilities Act. The Grant’s Pass decision reversed the Ninth Circuit Court of Appeals’ ruling that Grants Pass violated the “cruel and unusual punishments” clause of the Eighth Amendment, when they prohibited camping on public property. The City was sued on the basis that implementation of our camping regulations constituted a “state created danger”, and since the Grants Pass decision was based on “cruel and unusual punishments” and not “state created danger” the Grant’s Pass decision does not provide the City with any immediate relief.
The City anticipates the lawsuit will be dismissed in the coming weeks. If/when the lawsuit is dismissed, the City’s plan is to begin implementing the existing camping regulations; Ordinance (SRMC 19.50). However, the City still faces legal risk in doing so, and unfortunately it is probable that another lawsuit may be filed against the City. If this happens, a federal judge would consider whether or not to grant a temporary restraining order (TRO). If a TRO is ordered, then the City would be blocked from implementing its camping regulations and would not be able to move campers until the judge determines if they will take the case up or not. This process can take a matter of months as the City must conform our timeline based on the court’s calendar availability.
Outside of the Mahon Creek Area encampment, camping on City-owned public property is regulated by SRMC 19.50, which establishes campsite size maximums and setback requirements from other campsites, public utility infrastructure, private property lines, schools and playgrounds.
