A Marin County Superior Court judge has issued a preliminary injunction barring a San Rafael business from playing music overnight at a homeless camp.
Judge Andrew Sweet ruled that East Bay Tire Co., an auto service facility at 773 Lincoln Ave., is prohibited from playing music “from any speaker or sound device outside of their store” between 6pm and 6am.
The first order on Friday came two months after a temporary restraining order imposed a similar ban. The difference is that the new order will last for the entire case related to it.
A case management meeting is scheduled for Oct. 28.
Bruce Gaylord, a resident of the Mahon Creek Path homeless community that residents call Camp Integrity, filed the lawsuit in May. Gaylord accused employees of a nearby business of deliberately playing music through speakers pointing at his tent.
The case states that the workers made noise from 6 pm May 17 to 6 am the next day, and then repeated the action for the next two nights.
In his order, Sweet said the defendants did not dispute the plaintiff’s allegation “that the sole purpose of this conduct was to make Camp Integrity intolerable for its residents.”
“The court finds this conduct to be unreasonable, disruptive, and disturbing,” Sweet wrote.
“It’s a win,” Gaylord said.
Gaylord, who uses a wheelchair, said walking is difficult, and moving is even more difficult. He said he had mental health problems and the confusion was making him very angry.
The music stopped the day the suit was filed, Gaylord said.
Robbie Powelson, a spokesman for the San Rafael Homeless Union, said he was glad the nuisance was resolved.
“The residents of Camp Integrity have the right to sleep peacefully at night without being disturbed by sleazy businesses,” Powelson said.
The suit names Jay Ress, the general manager of East Bay Tire, as a defendant. Ress could not be reached for comment. Calls to the store were not returned.
This incident is another example of the conflict in how city officials are responding to the housing crisis affecting municipalities across the country.
Last month, Gov. Gavin Newsom ordered federal agencies to quickly remove homeless encampments and urged cities to do the same. Newsom’s order came a month after a US Supreme Court decision that empowered authorities to enforce restrictions on sleeping in public places.
Local governments are not obligated to take action, but are encouraged to implement policies that comply with the mandate to begin “humane evacuation.”
Marin County officials say their efforts so far have focused on a more humane route. San Rafael officials say Newsom’s guidelines are consistent with the city’s practice thus far.
Neighbors at the Mahon Creek camp say they are desperate, and more needs to be done to make the community feel safe.
The issue has been further complicated by homeless people who are suing the city to enforce rules that officials say are designed with safety in mind.
A federal lawsuit preventing the city from enforcing its camping ordinance is ongoing. City attorneys have filed a motion to dismiss the case, and officials expect a decision in the coming weeks.
Ress filed a statement supporting the motion in federal court on May 7. When submitting the application, Ress said the owners invested about $750,000 when the business moved to the area more than two years ago. Soon after the repairs were completed, the camp moved to a nearby house.
“We’ve had a lot of problems with campers threatening our safety and disrupting our business,” Ress said.
Ress wrote that campers have harassed employees and customers, throwing objects such as glass, metal and knives at their premises, among other allegations.
“As a primary retail business, we rely on our visibility and facility safety to bring in new customers and retain quality employees,” Ress wrote, asking the council to strengthen the city’s enforcement of its laws. “The current situation is not sustainable for our business without intervention from the local authorities. If current conditions do not change, we will have to consider closing our business. ”
John Stefanski, deputy city manager, said the city plans to begin enforcing its camping regulations once the suit is dismissed.
In June, a group of homeless campers in the area were displaced after a fire destroyed the Marin County Roofing Co. at 250 Francisco Blvd. West. It was decided that the buildings connected to several camps were a fire hazard.
Since then, the city has filed code enforcement cases against several people who had illegal structures that posed safety hazards on their properties.
“To date, the City has successfully removed forty illegal structures, which has resulted in the removal of more than thirty tons from campuses in the past several months,” Stefanski said in an email.
City officials are seeking a court order to remove nine other buildings after residents failed to comply with a July 31 demolition notice, Stefanski said. An administrative hearing is set for Aug. 20.
Meanwhile, city officials are preparing a comprehensive report on the response to homelessness that will be presented to the City Council on Aug. 19. At that time, staff expects to discuss a proposed program for a licensed camping site, additional case management services and the development of a temporary housing program, an effort supported by state aid. of $5.99 million.
Originally published:
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