A resident of the city-sanctioned homeless camp beneath Freeway 101 in San Rafael is suing the town and Caltrans alleging that publicity to freeway noise and air pollution has led to listening to loss and threat of sickness.
The category-action lawsuit cites statistics from the Facilities for Illness Management and Prevention, which states the World Well being Group recommends that noise publicity ranges shouldn't exceed 70 decibels over a 24-hour interval and 85 decibels over a one-hour interval to keep away from listening to impairment. The CDC additionally says the Occupational Security and Well being Administration recommends employees ought to use listening to safety when uncovered to 90 decibels or increased throughout an eight-hour work day.
The go well with cites a CDC report that hyperlinks residing in proximity to a significant street or freeway with well being results similar to bronchial asthma, continual obstructive pulmonary illness, respiratory signs and different ailments.
The plaintiff, James Hellard, 49, alleges that the town has been “forcing” him to reside beneath the overpass for the previous two years as a result of “residing anyplace else means my survival gear shall be confiscated.”
Utilizing a sound meter app on his cellphone, he recorded car noise from the freeway above measuring at 90 decibels and better, the go well with says.
“I'm presently struggling everlasting listening to loss and am inhaling harmful quantities of freeway associated gasoline exhaust because of defendants willful and wanton disregard for my welfare,” the go well with says.
Hellard seeks financial reduction for bodily and emotional damages and property loss, in addition to the power to camp elsewhere with out threat of getting his belongings confiscated, in line with the go well with. The go well with additionally asks that campers obtain enough hygiene facilities, earplugs and N-95 masks, amongst different provisions.
In an interview, Hellard mentioned his ears ring due to the freeway noise and that he has seen that a movie that covers the surfaces of the camp space, and he believes it to be from exhaust. He complained of pests, together with rats, and mentioned there isn't a operating water and the handwashing stations offered will not be refilled with water and cleaning soap typically sufficient.
“Our lives are in danger,” he mentioned.
Robbie Powelson, a homeless activist aiding Hellard and different residents, described the location as an “internment camp” and accused officers of negligence and false imprisonment.
“The authorized group wants rise as much as symbolize victims to allow them to obtain simply compensation and maintain their persecutors accountable in a class-action lawsuit,” Powelson mentioned.
Hellard filed the petition for a brief restraining order and a preliminary injunction in U.S. District Courtroom for the Northern District of California on Tuesday. A listening to has been set for April 22.
Cheryl Chambers, deputy district director of exterior affairs for Caltrans, declined to remark.
The go well with additionally names San Rafael police psychological well being liaison Lynn Murphy and police Sgt. Carl Huber. Requests for remark had been forwarded to San Rafael police Lt. Dan Fink, who mentioned the town doesn't touch upon pending litigation.
Nonetheless, Fink mentioned the town collaborated with stakeholders to make sure the homeless campers had entry to the companies they want.
Camps of homeless folks have change into entrenched in plenty of Bay Space cities, together with Novato and Sausalito, in the course of the COVID-19 pandemic. Federal well being pointers advise towards clearing camps, and in some situations courts intervened to bar jurisdictions from doing so. Novato and Sausalito each stay beneath courtroom orders to not shut down their camps.
In June, the San Rafael Metropolis Council authorised a $260,000 allocation to work with Marin County to rent extra case employees to help homeless folks.
The town-sanctioned camp was established in July on Caltrans property on the freeway viaduct. The world was set as much as present safety, restrooms, handwashing stations, rubbish disposal, common service referrals and different facilities, in line with the town. At the moment, homeless campers in different areas had been relocated to the location, which he metropolis calls a “service assist space.”
In a July interview with the Unbiased Journal in regards to the metropolis camp, Murphy mentioned, “No one was compelled, this was all completed by selection. Most individuals had been very desirous to get into the location.”
The Metropolis Council additionally voted unanimously that month to ban tenting in Boyd Park and in metropolis garages because of hearth threat.
Final month, the state introduced it's going to grant $522,000 to San Rafael for bills associated its camp. The county additionally deliberate to offer $166,000 to San Rafael by way of an identical funds program. The funding was mentioned to cowl 24-hour safety and one other case employee.
The town has spent $346,852 to workers and outfit the camp, Fink mentioned. Thirty-one folks reside there, he mentioned.
The campers are supplied with case managers, a catered meal weekly, non secular advisers, a cellular medical clinic, COVID-19 vaccinations and testing, animal take care of these with pets, job alternatives by way of the Downtown Streets Crew, library companies and visits with Spahr Middle workers, who supply LGBTQ+ assist companies.
The police division doesn't assign officers to the camp and officers solely reply to requires service, Fink mentioned.
“We’re very pleased with the assist that we’re in a position to present on the companies assist space for the people in want,” Fink mentioned. “We’ll at all times proceed to work people experiencing homelessness in order that we might help present them with any assets and choices that they want by way of our metropolis companions.”
