Marin judge backs Novato in homelessness ruling

A Marin County Superior Court judge has denied a petition to block new restrictions on homeless people camping in Novato.

The conflict involves the city’s recent urgency ordinance that bans camping or camping paraphernalia on public property at night. The ordinance prompted a lawsuit by Robbie Powelson, an advocate for homeless people, who sought a temporary restraining order to prevent the city from enforcing the rule.

Judge Andrew Sweet held a hearing on Wednesday and denied the motion.

The City Council adopted the urgency ordinance on Dec. 9. The ordinance tightened the regulations by removing an exception that allowed camping on public property between 9 p.m. and 7 a.m. if no shelter beds were available and the camping was involuntary.

City Manager Amy Cunningham said the court denied the temporary restraining order because there was no immediate threat of irreparable harm to anyone because of the urgency ordinance.

Powelson’s lawsuit claims the ordinance did not constitute an urgent matter and violated the Brown Act, the state law on open meetings and government transparency.

A hearing on Powelson’s lawsuit against the city is scheduled for Feb. 7.

“There’s still a possibility that it will be invalidated,” Powelson said, referring to the ordinance. “I was glad to see that the judge was seriously concerned about the issue and was taking this seriously.”

Novato has no plans to conduct mass arrests or to clear camps, according to a court filing by the city’s lawyers.

In a statement posted to its website, the city said it will implement the ordinance by offering services and giving warnings before enforcing the rule. The city also said it will focus on contacting people at risk of harming themselves, others or the environment.

Novato is under a court order to keep the camp at Lee Gerner Park, and campers there, in place until a decision in a pending lawsuit by the California Homeless Union.

Cunningham said the city is committed to working with various partner agencies to ensure those experiencing homelessness can access essential services.

The city recently partnered with Specialized Assistance For Everyone, a mobile crisis response team of social workers, which offers support for people experiencing mental health emergencies, substance abuse or homelessness.

Cunningham declined further comment, citing the ongoing litigation.