A federal judge has dismissed a lawsuit against San Rafael that alleged the city’s camp for homeless people damaged the health of an occupant.
U.S. District Judge Jeffrey White granted a motion to dismiss the suit Tuesday at the request of the defendants. They included the city, Caltrans, San Rafael Police Department mental health liaison Lynn Murphy and police Sgt. Carl Huber.
Plaintiff James Hellard can refile an amended complaint through Aug. 2.
“It’s actually not a bad thing,” Hellard said. “The judge left it open to bring back. He did not say we were wrong or that they were right.”
Hellard he wasn’t fully prepared when he filed the suit and he plans to file another claim. He maintained his allegations of police misconduct and that the encampment is mismanaged.
“It is clear and documented what is happening down here, and very soon everybody will know,” he said. “If they think for a second that they will just shut down this campsite and put everyone out after being given hundreds of millions of dollars to end homelessness they are in for a shock. This town has never seen civil unrest at the level we are prepared to take it to.”
The dismissal came after the court in May continued the hearing until at least July 1 to allow Hellard to seek representation. As of Tuesday, legal counsel had not appeared in court on Hellard’s behalf.
The lawsuit, filed in federal court in March, said the camp’s location under Highway 101 was detrimental to Hellard’s health. The suit said Hellard was “forced” to live at the site and was “suffering permanent hearing loss” and “inhaling dangerous amounts of freeway-related gasoline exhaust.”
Hellard sought monetary relief for physical and emotional damages and property loss. He also sought the ability to camp elsewhere without risk of having his belongings confiscated for violating a city camping ban, according to the suit.
The city set up the camp as a “service support area,” or SSA, last July. It was intended as a temporary solution to a proliferation of camps of homeless people during the COVID-19 pandemic.
The city had also adopted a camping ban in parking garages and public parks due to fire risks. The SSA became the only authorized homeless camping area in San Rafael.
The site provides security, restrooms, handwashing stations, garbage disposal and services such as case management and medical treatment, according to the city.
The defendants filed the motion to dismiss the case on April 26 for lack of jurisdiction and failure to state claim.
In his order, White wrote that the record shows that Hellard lived under the freeway before the city-sanctioned encampment was created. The judge also found that in April, Hellard refused the offer of a bed at a shelter.
“The court concludes the allegations are insufficient to state a claim for relief against any of the defendants,” White wrote.
Caltrans representatives declined to comment.
San Rafael City Attorney Rob Epstein said when it comes to Hellard and other residents of the camp, the city officials and staff have “feelings of empathy, support and wanting to help.”
“With that, we’re saddened by the fact that he felt that his experience was such that it warranted him filing his lawsuit,” Epstein said. “But he’s entitled to his feelings about it.”
After a careful review of the allegations, Epstein said, “I reached the same conclusion as the federal judge, which is that his claims had no legal basis.”
The city hired an outside lawyer to represent the city in the case. To date, the city has paid $26,930 in attorney fees related to the suit, said Nadine Atieh Hade, the city’s administrative services director.
Earlier this month, city leaders said they’re working to shut down the service support area by mid-August. When the camp was established, Caltrans had agreed to allow the camp to operate on its property for up to one year.
Now, officials are refocusing efforts on ensuring that the remaining campers are assigned case managers while the city seeks funding to build a new interim housing site that will offer greater shelter, safety and security, officials said. That plan is still in the early stages.
Source: www.mercurynews.com