San Rafael homeless camper alleges harassment by business

Growing hostility between homeless campers and neighboring businesses in San Rafael is at the center of a harassment lawsuit filed in Marin County Superior Court.

In his suit, Bruce Gaylord, who lives at the Mahon Creek Path camp, has accused staff of a nearby business of deliberately blasting music overnight through speakers directed at his tent.

Judge Sheila Shah Lichtblau granted a temporary restraining order on Tuesday prohibiting East Bay Tire Co. at 773 Lincoln Ave. from “blaring loud music” between 6 p.m. and 6 a.m.

The injunction is in effect through June 28, when the next hearing on the matter is scheduled.

Gaylord alleges that the shop’s staff set up a video surveillance system on the fence line of the camp. The suit alleges staff deliberately played music through the system from 6 p.m. May 17 to 6 a.m. the next day, then repeated the act the following two nights.

“It was painful,” Gaylord said. “The sound was so penetrating of my ears and my head, I couldn’t sleep. Even people who were just walking by got upset.”

Gaylord, who uses a wheelchair, said getting around is difficult, and moving camp is harder. He said he suffers from mental health problems and the disturbance was particularly upsetting.

“They were inhumanely trying to drive us out,” Gaylord said.

The music stopped Monday, the day the suit was filed, Gaylord said.

The suit names Jay Ress, general manager of the store, as a defendant. Ress could not be reached for comment. Calls to the store were not returned.

The San Rafael Police Department confirmed that the incident on May 17 was reported and officers responded.

“The City will be investigating to determine whether any violations of our local municipal code have taken place,” John Stefanski, assistant city manager, said in an email. “If so, the City will evaluate its options for any enforcement action.”

Gaylord said that Robbie Powelson, an advocate for homeless people, is paying for the lawsuit. Powelson filed a declaration with the court in support of the complaint.

The incident is the latest episode in a conflict over how city officials are responding to the homelessness crisis. Neighbors of the Mahon Creek camp say they are distressed and that more needs to be done to make the community feel secure.

The issue has been complicated further by homeless campers lodging lawsuits against the city to block rules that officials say are designed with safety in mind.

In attempt to comply with a federal court order, the City Council amended its camping ordinance to loosen the restrictions on the size and locations of camps. City officials followed the move by filing a motion to dismiss the litigation, saying the new rules should satisfy the court.

Ress submitted a declaration in support of the motion to the federal court on May 7. In the filing, Ress said owners invested nearly $750,000 when it moved into the location more than two years ago. Soon after completing renovations, the camp moved next door.

“We have experienced a wide range of issues with inhabitants of the encampment that have threatened our safety and impeded our business,” Ress said.

Ress wrote that occupants of the camp have harassed staff and customers, throwing objects such as glass, metal and knives at their establishments, among other allegations.

“As a primarily retail business, we rely on our appearance and the safety of the facility to bring in new clients and retain quality employees,” Ress wrote, asking the court to empower the city to enforce its laws. “The current situation is unsustainable for our business without intervention from local authorities. If the current trajectory does not change, we will be forced to consider closing our business.”

Stefanski said addressing homelessness is a multifaceted challenge.

The city has secured a $5.99 million state grant to address the camp in the Mahon Creek Path area, where 65 to 70 people are living.

In its application, city staffers committed to placing at least 46 of those campers in permanent housing by June 30, 2027, and having the remainder of the people living there on their way to permanent housing.

The city plans to use the money to hire three housing-based case managers and one bilingual outreach worker. The funds also will be used to provide interim housing for some campers by paying for hotel rooms or buying tiny homes.

City officials have not identified a site for a new sanctioned camp, Stefanski said.

“We’re committed to finding solutions that honor the dignity of every person living in San Rafael, while at the same time preserving the accessibility and cleanliness of our shared public spaces, which is crucial for the well-being of everyone who calls our city home,” Stefanski said. “The City is focused on problem solving in a way that centers the voices of the unhoused with empathy and compassion and considers the perspectives of local businesses and community members.”

The motion to dismiss the federal lawsuit will be heard on June 24.