Temporary Camp at Lee Gerner Park - Closed

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In February 2025, the Novato City Council unanimously approved the permanent closure of the Temporary Camp at Lee Gerner Park and provided direction for site cleanup and restoration to return the park to community recreational use.

As part of the closure process, the City delayed enforcement by 60 days to provide remaining campers time to secure housing or shelter accommodations, and official notices were posted at the park. During this period, the City collaborated closely with local service providers to support the remaining campers — including the newly launched SAFE Team, which was regularly onsite, engaging with campers and offering support services related to homelessness, as well as mental health and substance use. This mobile response team continues to provide a comprehensive and compassionate approach, actively engaging with community members throughout Novato.

All remaining campers voluntarily vacated Lee Gerner Park prior to the conclusion of the 60-day delayed enforcement period, which expired on April 19, 2025. With the site now vacant, cleanup and remediation efforts are underway to address damage at the former temporary camp site, including areas impacted by a fire in Summer 2024. The City will soon begin community outreach to gather feedback on the future of Lee Gerner Park as plans to restore the area for recreational use move forward.

Support services for Novato’s unhoused community will continue through a strong network of local partner organizations, helping individuals find pathways out of homelessness. The City extends a sincere thanks to our community partners and dedicated City staff who have supported this effort.

Since 2022, the City operated the Temporary Camp under a court-ordered Settlement Agreement between the City and the Marin County Homeless Union. That agreement expired on October 13, 2024, and its expiration was later reinforced by a federal court determination in January 2025. Approximately twenty-four campers were connected to services, shelter or reconnected with family over the operation of the camp with the help of the community partners and City staff.

Federal Temporary Restraining Order Regarding Encampment at Lee Gerner Park

On July 15, 2021, a federal lawsuit was filed against the City of Novato by the California Homeless Union and several occupants of the encampment at Lee Gerner Park. The lawsuit seeks to prohibit enforcement of new City ordinances 1669 and 1670. Though the City was prepared to enforce these ordinances and simultaneously deliver much needed services, this lawsuit and the temporary restraining order will delay those actions until the Court fully considers this matter.

Background: Federal Temporary Restraining Order

At a court hearing held on July 26, 2021, the City of Novato moved to request modifications to, and clarifications of, the Temporary Restraining Order currently in place, including asking to allow the City: To offer shelter and three months free storage of personal belongings for those camped at Lee Gerner Park. To enforce criminal statutes unrelated to camping, sleeping, and the like at the park. For the right to remove campers that use open fire after being cited twice. For permission to remove campers that come on premises at Lee Gerner Park from July 15, 2021 and after. To prevent future campers from entering Lee Gerner Park and using reasonable enforcement efforts to do so.
On July 27, 2021, the court issued a revised Temporary Restraining Order clarifying that: The City may offer shelter and storage to those camped at Lee Gerner Park and assist those who accept the offer for shelter. The City Council has directed staff to offer all 15 beds available through its agreement with Homeward Bound of Marin to homeless individuals in Novato. However, the City is not permitted to remove those that decline the offer of shelter and personal storage. Additionally, the City may enforce criminal laws unrelated to camping and may remove persons under any other law. Finally, the City is allowed to enforce Novato Municipal Code 14-20.5, part of the fire safety ordinance adopted in May 2021, which prohibits fire, open flames and other activities on public property. The ordinance, originally subject to the Temporary Restraining Order, may be enforced provided enforcement is not discriminatorily against persons at Lee Gerner Park. With the exception of these modifications, the Temporary Restraining Order remains in place for the purpose of freezing the parties where they currently are, pending the outcome of litigation. An evidentiary hearing was set to be conducted on August 9 & 10, 2021, to determine continuation of the Temporary Restraining Order into a preliminary injunction. In preparation for this hearing, the City submitted its response to the lawsuit. The judge has ordered the City and Plaintiffs in this matter to a settlement magistrate to see if the case can be resolved short of continued litigation. The City plans to participate in this process in good faith as directed by the court.
On October 18, Judge Gonzalez-Rogers, presiding over the federal lawsuit filed against the City of Novato by the California Homeless Union and several occupants of Lee Gerner Park, authorized the City of Novato to establish a Temporary Camp within Lee Gerner Park for those currently residing at the park. Read More
On November 29, construction work on the court-ordered Temporary Camp at Lee Gerner Park started as City crews worked to help park occupants relocate out of the construction zone. Nearby businesses, residents, and visitors to the park may notice an increase in the number of tents at the north end of the park as several people and their personal items were moved out of the construction zone this week. The City’s contractor completed the realignment of a portion of the park fence and pathway, graded the site, and already began setting fence posts for the Temporary Camp. Work on the Temporary Camp is expected to take 2-3 weeks to complete, however materials shortages and wet weather could extend the duration. Once finished, the City will work with park occupants to relocate them into the Temporary Camp or offer them other housing opportunities or services.
At the City Council meeting of January 25, 2022, Public Works Director Christopher Blunk presented an update on the court-ordered Temporary Camp at Lee Gerner Park. View Presentation Watch Meeting

At a court hearing held on July 26, 2021, the City of Novato moved to request modifications to, and clarifications of, the Temporary Restraining Order currently in place, including asking to allow the City:

To offer shelter and three months free storage of personal belongings for those camped at Lee Gerner Park.
To enforce criminal statutes unrelated to camping, sleeping, and the like at the park.
For the right to remove campers that use open fire after being cited twice.
For permission to remove campers that come on premises at Lee Gerner Park from July 15, 2021 and after.
To prevent future campers from entering Lee Gerner Park and using reasonable enforcement efforts to do so.

On July 27, 2021, the court issued a revised Temporary Restraining Order clarifying that:

The City may offer shelter and storage to those camped at Lee Gerner Park and assist those who accept the offer for shelter. The City Council has directed staff to offer all 15 beds available through its agreement with Homeward Bound of Marin to homeless individuals in Novato.
However, the City is not permitted to remove those that decline the offer of shelter and personal storage.
Additionally, the City may enforce criminal laws unrelated to camping and may remove persons under any other law.
Finally, the City is allowed to enforce Novato Municipal Code 14-20.5, part of the fire safety ordinance adopted in May 2021, which prohibits fire, open flames and other activities on public property. The ordinance, originally subject to the Temporary Restraining Order, may be enforced provided enforcement is not discriminatorily against persons at Lee Gerner Park.

With the exception of these modifications, the Temporary Restraining Order remains in place for the purpose of freezing the parties where they currently are, pending the outcome of litigation.

An evidentiary hearing was set to be conducted on August 9 & 10, 2021, to determine continuation of the Temporary Restraining Order into a preliminary injunction. In preparation for this hearing, the City submitted its response to the lawsuit.

The judge has ordered the City and Plaintiffs in this matter to a settlement magistrate to see if the case can be resolved short of continued litigation. The City plans to participate in this process in good faith as directed by the court.

On October 18, Judge Gonzalez-Rogers, presiding over the federal lawsuit filed against the City of Novato by the California Homeless Union and several occupants of Lee Gerner Park, authorized the City of Novato to establish a Temporary Camp within Lee Gerner Park for those currently residing at the park. Read More

On November 29, construction work on the court-ordered Temporary Camp at Lee Gerner Park started as City crews worked to help park occupants relocate out of the construction zone. Nearby businesses, residents, and visitors to the park may notice an increase in the number of tents at the north end of the park as several people and their personal items were moved out of the construction zone this week. The City’s contractor completed the realignment of a portion of the park fence and pathway, graded the site, and already began setting fence posts for the Temporary Camp. Work on the Temporary Camp is expected to take 2-3 weeks to complete, however materials shortages and wet weather could extend the duration. Once finished, the City will work with park occupants to relocate them into the Temporary Camp or offer them other housing opportunities or services.

At the City Council meeting of January 25, 2022, Public Works Director Christopher Blunk presented an update on the court-ordered Temporary Camp at Lee Gerner Park.

View Presentation

Watch Meeting

Court Rulings

Order Re: Motion to Enforce Settlement Agreement (01/15/25)

Order Denying Plaintiffs' Application for a Temporary Restraining Order (12/09/24)

Marin County Homeless Union v. City of Novato Settlement Agreement

Order Granting Stipulation for Entry of Preliminary Injunction (10/18/21)

Scheduling Order Re: Evidentiary Hearing (Order to continue hearing from Oct 6 to Oct 20) (09/27/21)

Order Granting In Part and Denying In Part Motion to Modify Temporary Restraining Order; Modifying Briefing Regarding Order to Show Cause; Setting Evidentiary Hearing; Referring to Magistrate Judge Illman for Settlement Conference (07/27/21)

[Proposed] Order Modifying Temporary Restraining Order Under FRCP 65(B)(4) (07/23/21)

Order Granting Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction (07/15/21)

Filings by the California Homeless Union et al.

Plaintiffs' Reply to Defendants' Opposition to Order to Show Cause (10/01/21)

Amended Ex Parte Application and Complaint for Injunctive Relief and a Declaratory Judgment Pursuant to 42 U.S.C. § 1983, California Constitution Art.1, §7; 8th and 14th Amendment to the Constitution of the United States; Declaration of Jason Sarris; Declaration of Leah Deangelo; Declaration of Carrie Healon; Declaration of Zach Boulware; Declaration of Flojuane Cofer, PhD; Declaration of Anthony D. Prince; [Proposed ORDER] (07/14/21)

Filings by the City of Novato

[Proposed] Order Re: Preliminary Injunction (09/17/21)

Defendant City of Novato's Supplemental Brief in Opposition to Order to Show Cause Re: Preliminary Injunction (09/17/21)

Supplemental Declaration of Officer Joshua Wax in Support of City of Novato's Supplemental Brief in Support of Opposition to Order to Show Cause for Preliminary Injunction (09/17/21)

Second Supplemental Declaration of Adam McGill in Support of City of Novato's Supplemental Brief in Support of Opposition to Order to Show Cause for Preliminary Injunction (09/17/21)

Defendant City of Novato’s Opposition to Order to Show Cause for Preliminary Injunction (07/27/21)

Defendant City of Novato’s Objections to Evidence Submitted in Support of Plaintiff’s Ex Parte Application (07/27/21)

Declaration of Peace Officer Alejandro Muller in Support of Defendant’s Opposition to the Order to Show Cause Regarding Preliminary Injunction (07/27/21)

Declaration of Novato Response Team Supervisor Alan Bates in Support of Defendant’s Opposition to the Order to Show Cause Regarding Preliminary Injunction (07/27/21)

Declaration of Police Officer Joshua Wax in Support of Defendant’s Opposition to the Order to Show Cause Regarding Preliminary Injunction (07/27/21)

Declaration of Lieutenant Sophia Winter in Support of Defendant’s Opposition to the Order to Show Cause Regarding Preliminary Injunction (07/27/21)

Supplemental Declaration of Adam McGill in Support of City of Novato’s Opposition to Order to Show Cause for Preliminary Injunction (07/27/21)

Declaration of Adam McGill in Support of City of Novato’s Motion to Modify Temporary Restraining Order Under FRCP 65(B)(4) (07/23/21)

Declaration of Jeffrey Walter in Support of City of Novato’s Motion to Modify Temporary Restraining Order Under FRCP 65(B)(4) (07/23/21)

Declaration of Mary Kay Sweeney in Support of City of Novato’s Motion to Modify Temporary Restraining Order Under FRCP 65(B)(4) (07/23/21)

Defendant City of Novato’s Motion to Modify Temporary Restraining Order Under FRCP 65(B)(4) (07/23/21)

Lee Gerner Park Background

In March of 2020, the City collaborated with Marin County Health and Human Services to develop an outreach strategy for those residing in Lee Gerner Park. The mission of this project was to help find housing, provide outreach and offer services to those experiencing homelessness. This was an important project as concerns related to the encampment were heightened due to the COVID-19 pandemic.

Throughout this project, we worked to balance the interests of the community with our compassion and empathy for those experiencing homelessness. More information about this community project is available in this message from our Chief of Police.

Updates on Lee Gerner Park Encampment activity are available below: