Editorial: San Rafael needs agreement with encampment residents

What the city has been trying to do is establish restrictions aimed at reducing violence, crime and littering – which have been problems with the encampments.

San Rafael has been trying to come up with a humane, constructive and safe way to deal with homeless encampments that have popped up since the start of the COVID-19 pandemic.

Legally, it’s been a moving target, where the city adopts rules and attorneys for campers knock them down in court.

At issue is how does the city comply with federal law that allows homeless encampments on public lands while also protecting the health and safety of the campers and the rest of the public.

A recent interim order from federal court, sought by attorneys for campers, has the city backtracking from rules it put in place requiring that campsites be 200 feet apart – two-thirds the length of a football field.

In response, city staff has proposed the distance be reduced to 10 feet, while still prohibiting campsites within 100 feet of a playground and 250 feet of a school. The revisions continue to restrict the size of the encampments.

What the city has been trying to do is establish restrictions aimed at reducing violence, crime and littering – which have been problems with the encampments.

Prior to the court’s recent tentative ruling, city representatives and attorneys representing campers met to negotiate a possible settlement. An all-day settlement conference did not lead to a mutual agreement, according to the campers’ lawyer.

The sides shouldn’t give up.

Some campers, their attorneys and advocates have argued that the city’s old rules “criminalize” being homeless and were just a way to evict the 60 to 70 campers, who have staked their tents along the Mahon Creek Path, between Andersen Drive and Francisco Boulevard West.

A big part of the dilemma is the campers say they have no place else to go.

In recent years, they have been pushed out of downtown’s state-owned parking lot under Highway 101 and out of Albert Park.

Prior to the pandemic, the city had anti-camping laws it would enforce.

That was until the pandemic, when the federal court ruled, prohibiting broader-brush anti-camping laws.

Municipalities across the nation have grappled with this societal conundrum.

In San Rafael, the problem – or crisis, according to City Hall – is compounded by the city’s “Housing First” strategy, a countywide objective of placing homeless people in permanent housing instead of emergency shelters as the best way to get them out their tents for good.

There’s no debate that having people living in nylon tents along a creek is not safe and sound housing – for anyone.

But there isn’t enough housing available. San Rafael and the county are busy creating residential complexes to meet the need. Despite a shortage, impressive progress in getting people out of tents and into what housing is available has been made.

Now, in response to the latest court order, the city is proposing to open a city-sanctioned homeless encampment, as a step to get people into housing.

Where?

Good question.

Location has been the critical challenge that has dogged this issue for years.

The city says it has several sites (some publicly owned, others private) in mind, but won’t disclose them.

In terms of a fully public decision-making process, that’s not a promising start.

Its new strategy, however, is another example that city officials are working toward possible answers, those that improve conditions and services for the homeless, protect public safety for those living in tents and under tarps, and comply with the court’s ruling.

Accomplishing that has been filled with challenges, from complaints by a frustrated public to some of the campers who have repeatedly resisted help in dealing with their plight.

If it was easy, homelessness wouldn’t be a national crisis.

San Rafael city leaders deserve credit for working toward solutions that are humane and provide a path for effective change.