Victory for Petaluma homeless encampment after restraining order granted

A planned eviction of a homeless encampment near Petaluma’s Steamer Landing Park was put on hold after the campers and local homeless activists obtained a temporary restraining order against the city of Petaluma.

The group of roughly two dozen people, including Sarah Gossage, Matthew Erickson, Janine Natello and Eugene Reilly Drake, filed a request for a temporary restraining order Tuesday in U.S. District Court in San Francisco, and the request was granted by 11 a.m. Wednesday.

“I feel a sense of happiness and pride, and also fear and responsibility,” Gossage said in an interview. “We have a lot of work ahead of us both in the courtroom and in the community.”

The order prevents city officials from removing, arresting or citing encampment residents at the site, located near the SMART tracks off D Street, until at least Oct. 13, when a hearing is set to determine whether the restraining order will be extended.

In the request, the residents said the eviction should be prohibited due to Petaluma’s lack of safe alternative housing options, and that dispersing residents would increase risk of exposure to COVID-19.

Robbie Powelson, with the California Homeless Union, said he was pleased with the court’s decision.

“It’s just terrific,” Powelson said. “It’s terrific that the days of just treating people like trash (are) coming to an end. We’re creating justice in the streets today.”

Petaluma has until 5 p.m. Thursday to contest the restraining order.

In an emailed statement, Assistant City Attorney Jordan Green said city officials appreciate the residents’ concerns, and will continue to commit to serving Petaluma’s unsheltered community members.

“The City’s response to the public health and safety concerns at Steamer Landing was planned with care and compassion for our most vulnerable community members, and in accordance with applicable law,” Green said. “We are preparing our opposition to the Plaintiffs’ motion and look forward to the hearing on Oct. 13 when we will have the opportunity to share with the court how the city’s efforts address important public safety, environmental and trespass concerns resulting from the Steamer Landing encampment.”

The move to grant the restraining order came after police warned campers to leave the site following complaints by the property owner, Lind Marine. Assistant City Manager Brian Cochran also said campers were in violation of a California Fish and Game code, which states that camping and depositing waste is prohibited within 150 feet of a waterway.

Manning Walker, Program Manager for SAFE, said that workers with the Committee on the Shelterless planned to conduct final outreach Wednesday morning, offering campers assistance in moving their belongings, as well as a place to stay at its Mary Isaak Center shelter on Hopper Street.

It would have been the latest effort to remove campers since April, when police evicted about two dozen residents. But come Wednesday morning, campers went unmoved.

Wednesday’s victory comes a week after residents at the encampment protested the city’s decision to shut off water access to the site, after which city officials assured residents that water service would be restored.

Next came 72-hour notices to leave.

At Monday night’s City Council meeting, multiple residents spoke out in an effort to halt the planned eviction. Powelson, a prominent Marin County housing advocate, also took a turn addressing city officials.

“I just want to express my dismay at the city of Petaluma, in spite of all the representations of compassion, to put people’s lives in danger once again,” Powelson said. “This kind of behavior needs to stop and we’re going to take all the necessary steps to restrain the city of Petaluma for these unlawful acts.”

One of the major concerns advocates had about the eviction was a lack of housing alternatives for the campers, citing that Petaluma’s “tiny homes” project would not be completed and ready for use until winter at the earliest. The Petaluma City Council approved the $380,000 project in September, which would extend the local COTS shelter and provide 25 interim housing units and other services for those who qualify.

It’s unclear how many traditional shelter beds were available at COTS this week, and CEO Chuck Fernandez could not be reached for comment.

Activist Susan Oakes spoke out in support of the encampment residents at Monday’s meeting, and called for more housing solutions.

“I am sad and frustrated and angry and tired of trying to get a sanctioned site where folks can camp while we build the interim and permanent housing,” Oakes said. “I just wish we could do something more quickly. Everything just takes so long.”

In response, Vice Mayor Brian Barnacle expressed appreciation toward those advocating for the campers at Steamer Landing Park, and addressed that more needs to be done in the City that would give people better access to a place to call home.

“Our inaction to provide people with safe places to camp is causing us to do sweeps and causing disruption in the little bit of community that these people have,” Barnacle said. “If this is our norm, we’d better think outside of the box, and I don’t think we are right now.”

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