Boyd

Boyd v. City of San Rafael

Good Law
United States District Court, Northern District of CaliforniaAugust 7, 20243:23-cv-04085California3,193 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SHALEETA BOYD, et al., Case No. 23-cv-04085-EMC Plaintiffs,

ORDER GRANTING DEFENDANT’S

v.

MOTION TO DISMISS

CITY OF SAN RAFAEL, et al., Docket No. 190 Defendants.

12 I. INTRODUCTION AND BACKGROUND To address a growing encampment of unhoused individuals and related health and safety concerns, Defendant City of San Rafael enacted an ordinance (“Chapter 19.50”) that limited campsite sizes and their locations. Plaintiffs brought suit alleging the ordinance violated various statutory and constitutional rights. After considering the likelihood of irreparable injury, the balance of hardships and the questions raised on the merits, this Court granted a preliminary injunction limiting enforcement of the ordinance. The preliminary injunction required that campsites with up to four persons could take up to 400 square feet and the required separation between campsites be limited to 100 feet. The preliminary injunction required certain…

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