San Rafael temporarily barred from evicting homeless camper

A federal judge has issued a temporary restraining order that blocks San Rafael from evicting a homeless man from his campsite.

Mark Rivera, 65, has been living between the Menzies parking lot and Falkirk Cultural Center for several years. On Aug. 13, the city notified Rivera that he would be evicted in a week.

Rivera said he was “crestfallen” when we saw the notice on his tent, and that it did not offer an alternative location where he could go.

“I was deeply affected by it,” he said. “I felt like I was doing nothing but living here and doing what normal people do. It creates uncertainty, and the uncertainty causes anxiety and anxiety creates a lot of other emotions that I really don’t want to feel.”

Rivera filed a lawsuit against the city on Aug. 19 to seek an injunction against the eviction.

According to city staff, the decision to evict Rivera came after a change in the city’s camping ordinance. One of the amendments prohibits camping within 250 feet of schools.

“The Menzies lot is within 250 feet of Marin Academy,” said Angela Piñon, an assistant city manager. “In August, the city asked the individuals camping in the Menzies lot to relocate. Everyone cooperated except Mr. Rivera.”

Rivera’s lawsuit against the city is not his first. He sued a year ago when staff tried to evict him because of an administrative order that banned camping at the Menzies lot and Falkirk Cultural Center grounds.

Under the ensuing settlement, the city agreed not to enforce the order. The more recent lawsuit alleges that the city breached this agreement.

The city maintains this is false because the decision to evict Rivera was based on a new law, not the previous administrative order.

“So they instituted rules against me, allowing me to stay but making it rather uncomfortable to adjust to the new rules that the city keeps putting in place,” Rivera said.

Rivera said he struggles with depression and malnutrition-induced dementia. According to the lawsuit, he has survived two strokes and also manages other chronic conditions such as anemia, acute post traumatic stress disorder and bipolar disorder.

In his current location, he has been able to access resources he needs to manage his conditions, as well as build up a support system.

“This eviction places him in physical peril without accessible alternative shelter,” the lawsuit states. “He relies on where he is staying to survive and manage his severe chronic health conditions and a complex form of dementia/amnesia.”

Rivera said he started living at the site when the city towed his vehicle because of too many parking tickets. He couldn’t remember where he put the keys, and couldn’t move the car every two hours.

According to the lawsuit, his work tools and personal paperwork were inside the van.

“I can’t leave. There’s no place to go,” Rivera said. “What the city wants is to just snap their fingers and have homelessness disappear, but that’s not going to happen.”

A hearing on Rivera’s motion for an injunction is scheduled for Sept. 4 before U.S. Judge Yvonne Gonzalez Rogers in Oakland.