Judge extends Petaluma Steamer Landing injunction, with adjustment

A temporary restraining order against the city of Petaluma will remain in place through at least the month of November, barring the city from evicting the residents of a growing homeless encampment at Steamer Landing Park.

U.S. District Court judge Edward Chen appeared to lean toward lifting the injunction in a hearing Thursday afternoon, particularly in respect to private property owned by the barge company Lind Marine. But near the end of the hour-long hearing, Chen opted to keep the order in place with one key change: A parking lot near the property must have at least three parking spaces cleared of belongings.

“The City understands the Court’s decision and is continuing to work with Plaintiffs to provide services and housing to each individual that will accept it,” said Petaluma assistant city manager Jordan Green in an emailed statement. “We look forward to continuing to share information about our services, programs and available shelter with our unhoused neighbors and our community.”

But advocate Robbie Powelson with the California Homeless Union said that the judge’s decision reflects a “holding pattern” and said that it’s another way to put off addressing ongoing issues at hand.

“Right now I think what the case is going to show is that the relationship between COTS and the City of Petaluma is highly problematic,” Powelson in a phone interview Tuesday.

Chen’s decision came after arguments from attorney Kevin Gilbert, who is representing the city in the case. Gilbert asked that, if the injunction would not be lifted, that at least three parking spaces in the nearby lot remain free and clear of debris. The parking lot is currently not privately owned property.

“(The park) is where a lot of the educational programs, where the kids are dropped off, where they go with the Friends of the Petaluma River,” Gilbert said. “I want to make sure that’s available to be used for gatherings and to be used for educational purposes.”

Chen granted the request, but required the city to provide 72 hours notice for any vehicle that needs to be moved.

Thursday’s hearing came after nearly two dozen encampment residents, including Sarah Gossage, Matthew Erickson and Janine Naretto, filed an injunction request Oct. 5 to bar police from removing people from the site near the SMART tracks off D Street.

Chen extended twice extended the injunction in October, after residents and advocates argued proper alternative housing sites were not yet available, and that conditions at the city’s largest homeless shelter, the Mary Isaak Center, did not meet health standards.

City officials and the group of Steamer Landing residents filed a joint status report on Nov. 1, which described the reasoning behind why the COTS’ Mary Isaak Center was not a viable shelter site. Many cited health risks and anxiety associated with living in congregate settings. Ron Potter, 66, is one of the residents requesting accomodations for such reasons.

“Mr. Potter can’t be in crowded environments because of anxiety and PTSD as documented with his VA and Petaluma clinic doctors,” according to the report, compiled on behalf of the residents by attorney Colleen O’Neal. “Also, Mr. Potter is at high risk for COVID complications because of his age.”

None of the residents who cited physical or mental health struggles have yet been offered placement in any shelter, according to the joint status report. But two residents who did not report disabilities were accepted and admitted into the Mary Isaak Center as of Nov. 2, according to the report.

Gilbert, who argued that COTS does provide services to help accommodate residents’ physical and mental health needs, was unable to provide a current number of available beds in Sonoma County as an alternative to the Mary Isaak Center.

All parties will reconvene next month to further discuss housing options for the encampment residents.

Amelia Parreira is a staff writer for the Argus-Courier. She can be reached at amelia.parreira@arguscourier.com or 707-521-5208.