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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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7 HASTINGS COLLEGE OF THE

Case No. 4:20-cv-03033-JST

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STIPULATED INJUNCTION

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LAW, a public trust and
institution of higher education
duly organized under the laws
and the Constitution of the
State of California;
FALLON VICTORIA, an
individual;
RENE DENIS, an individual;
TENDERLOIN MERCHANTS
AND PROPERTY
ASSOCIATION, a business
association;
RANDY HUGHES, an individual;
and
KRISTEN VILLALOBOS, an
individual,
Plaintiffs,

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v.

18 CITY AND COUNTY OF SAN
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FRANCISCO, a municipal
entity,

Defendant.

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The undersigned parties stipulate as follows:
SECTION I. The parties share the goal of improving living conditions in the
Tenderloin neighborhood, and of making the streets and sidewalks clear and safe for
the use of persons in the Tenderloin, including residents, the unhoused, visitors,
employees, employers, shoppers, and persons with disabilities. The parties wish to
help businesses and all persons in the Tenderloin thrive and enjoy the safety and
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STIPULATED INJUNCTION - CASE NO. 4:20-cv-03033-JST

 1 opportunity that are expected in any San Francisco Neighborhood. The problems
2 facing the Tenderloin are substantial and are not easily solved and have been
3 exacerbated by the COVID-19 crisis. As the parties recognize that the COVID-19
4 crisis creates additional challenges to improving the Tenderloin neighborhood, this
5 injunction is intended to address the current situation. Ultimately the City’s goal is
6 to be able to provide sufficient access to shelters and navigation centers so that no
7 resident of San Francisco must resort to sleeping in a tent on the street or sidewalk.
8 The City is committed to making all reasonable efforts to achieve this goal.
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SECTION II. During the COVID-19 emergency1, the City will reduce the

10 number of tents and other encamping materials and related personal property on
11 sidewalks and streets in the Tenderloin by offering alternatives to people living in
12 those tents including the following:
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First, the City will offer shelter-in-place hotel rooms to people

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facing heightened health risks from COVID-19. The City estimates that

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approximately thirty-percent of people currently living in tents in the

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Tenderloin will be eligible for an SIP hotel room. To ensure that rooms

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are available for all eligible people currently in the Tenderloin, the City

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will prioritize access to hotel rooms for unsheltered persons currently

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living in the Tenderloin.

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Second, the City will establish safe sleeping villages outside the

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Tenderloin to which people can relocate. Safe sleeping villages are

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staffed areas that offer access to social services, restrooms, garbage

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service, power, water, and hand sanitizer. The City will ensure that

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safe sleeping villages comply with and are maintained consistent with

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guidelines from the San Francisco Department of Public Health.

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The end of the COVID-19 emergency is defined for purposes of this injunction as the

date the Mayor lifts the San Francisco emergency order.
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STIPULATED INJUNCTION - CASE NO. 4:20-cv-03033-JST

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Third, the City will make available some off-street sites in the

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Tenderloin (such as parking lots) to which tents can be moved so they

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are no longer on sidewalks or streets or blocking sidewalks or entrances

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to businesses and homes. The City agrees that this option will only be

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available for a maximum of 50-70 tents because of existing structures in

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the Tenderloin. These off-street sites will be permanently removed

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within three months after the end of the COVID-19 emergency, defined

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as the time the Mayor lifts the emergency declaration.

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Because the implementation of this stipulated injunction may have the effect

10 of encouraging additional people to come to the Tenderloin in the hope of securing a
11 hotel room or placement at a safe sleeping site, during this process the City will
12 discourage additional people from erecting tents in the neighborhood. The City
13 intends to continue to assist unsheltered persons in other areas of the City.
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The parties recognize that it will take time to make additional sites available

15 in and out of the Tenderloin. The City is hopeful that most people offered an
16 alternative location will be willing to accept it, but if necessary to comply with this
17 stipulated injunction the City will employ enforcement measures for those who do not
18 accept an offer of shelter or safe sleeping sites to prevent re-encampment.
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The City agrees that it shall cause seventy percent (70%) of the number of

20 tents as counted on June 5, 2020 to be removed along with all other encamping
21 materials and related personal property, and their occupants relocated to a hotel
22 room, safe sleeping site, off-street sites, or other placement by July 20, 2020. The
23 City will take action to prevent re-encampment. After July 20, 2020, the City will
24 make all reasonable efforts to achieve the shared goal of permanently reducing the
25 number of tents, along with all other encamping materials and related personal
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All parties shall respect the legal rights of the unhoused of the Tenderloin in

28 all manners, including in relation to relocating and removing the unhoused, the
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STIPULATED INJUNCTION - CASE NO. 4:20-cv-03033-JST

 1 tents, the other encamping materials and other personal property.
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SECTION III. The City will continue to offer COVID-19 testing in the

3 Tenderloin. The facility will offer free testing to all persons in the Tenderloin. The
4 City shall reach out to unhoused people to offer such testing. A mobile testing facility
5 may eventually have to be relocated to other areas of the City, but the City will also
6 work to establish a long-term testing site in the Tenderloin for the duration of the
7 COVID-19 emergency.
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SECTION IV. During the time when the City is working toward removing at

9 least 70% of the tents from the Tenderloin as described above, it will advise
10 unsheltered persons in the Tenderloin of the following requirements:
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• Tents and structures cannot block a doorway, exit, fire escape or come
within 5 feet of a fire hydrant.

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• Tents and structures cannot make sidewalks impassable or impede traffic.

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While the City does not believe it can feasibly enforce these requirements

15 immediately and universally throughout the Tenderloin, it will increase its
16 enforcement efforts as the total number of tents is reduced and tents can more
17 readily be relocated. In addition, the City will discourage persons from erecting tents
18 within 6 feet of a doorway to a business, residence or transit stop.
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SECTION V. Narcotic sales and trafficking law violations shall be enforced by

20 the SFPD consistently across the City.
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SECTION VI. The parties recognize that the current crisis is unprecedented.

22 The Parties agree that if either party believes the other party to be in breach of the
23 stipulated injunction, the parties will meet and confer within one business day of a
24 dispute being raised. If the parties are unable to reach a resolution, the dispute will
25 be submitted to Magistrate Judge Corley who will hold a settlement conference
26 within 2 business days of receiving notice of a dispute. If Magistrate Judge Corley is
27 unable to negotiate a resolution, the dispute will be submitted to Judge Tigar. Judge
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STIPULATED INJUNCTION - CASE NO. 4:20-cv-03033-JST

 1 by the parties at the first Case Management Conference.
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SECTION VII. After the COVID-19 emergency, the City will have options to

3 help improve living conditions in the Tenderloin neighborhood that currently are not
4 available due to constraints caused by the pandemic. The parties agree to work
5 together to improve living conditions in the Tenderloin neighborhood for the long
6 term.
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SECTION VIII: Plaintiffs agree to seek no attorneys’ fees for work done up to

8 June 10, 2020. Other than as stated herein, no party is waiving any rights, claims or
9 defenses by entering this stipulated injunction. The litigation is stayed pending
10 approval of this stipulated injunction by the Board of Supervisors. If the Board does
11 not approve this stipulated injunction, then the litigation will be resumed. After
12 approval by the Board this action will be dismissed, but the court will retain
13 continuing jurisdiction to enforce this injunction.
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SECTION IX: The City will immediately begin fulfilling the terms of this

15 stipulated injunction. This stipulated injunction, however, is ultimately subject to
16 approval by the Board of Supervisors. If the Board does not approve the stipulated
17 injunction within three months of the date of this stipulated injunction, Plaintiffs
18 reserve the right to ask the Court to lift the stay of the litigation.
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[SIGNATURES]
IT IS SO ORDERED,

24 Dated: ________, 2020
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Jon S. Tigar, District Court Judge

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STIPULATED INJUNCTION - CASE NO. 4:20-cv-03033-JST