On March 25, the City of Sausalito informed the U.S. District Court, Northern District of California, of its intent to file a motion to modify the court-ordered injunction to allow for relocation of the Dunphy Park encampment to Marinship Park.
The City relayed its intention in a joint case management statement, which was submitted to District Court Judge Edward M. Chen. The next step in the legal process is a case management conference with the judge on April 1 to schedule the anticipated proceedings in the litigation.
The Sausalito/Marin County Chapter of the California Homeless Union, on behalf of itself and several occupants of the encampment, filed an application in U.S. District Court in February seeking to stop the enforcement of a City resolution closing certain City property, including Dunphy Park, to camping and storage of personal property. The resolution, which also prohibited all daytime camping, designated an area of Marinship Park as a temporary, transitional overnight camping location for individuals who have no option of sleeping indoors.
Judge Chen on March 1 granted a preliminary injunction enjoining the City from enforcing the resolution, citing concerns that the relocation of the encampment and the prohibition of daytime camping may contribute to the spread of COVID-19 among encampment occupants and the broader public.
In its March 1 order, the court said that it is open to receiving a motion by the City to modify its ruling and allow for the encampment to move to Marinship Park, provided the City can prove that there are no toxic risks at the proposed site (due to a nearby boat crushing operation) and “that the move can be safely accomplished.”