San Rafael unhoused man suing city to fight eviction from library property

SAN RAFAEL, Calif. (KGO) -- In the North Bay, an unhoused man is taking the city of San Rafael to court to fight his eviction from the lawn of the city's public library.

Mark Rivera and his advocates say he has a right to be there but city officials disagree.

Rivera showed us his tent pitched on the front lawn of San Rafael's Public Library. He is unhoused and says it's his right to be here.

"I'm not asking for anything more than I deserve. That's a place to live. It's a basic human right as far as I can read," Rivera said.

We first met Rivera in 2023, when he was living nearby in the parking lot of the Falkirk Cultural Center. He was forced to move from there this week, after his restraining order against the city expired.

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"Within three days of displacing him from there, they're evicting him again," said unhoused advocate Robbie Powelson.

The city says Rivera can't stay there.

Rivera got a notice, saying he had to move his tent because it violated the city's camping ordinance and was too close to the preschool at a local church.

"For Mr. Rivera, where he's camping is within 250 feet of a school. He's welcome to camp elsewhere in the city on public property as long as he abides by the city's regulations," said John Stafanski, San Rafael assistant city manager.

This week, Rivera and his advocates filed a lawsuit to prevent the city from making him relocate.

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He claims a police officer gave him permission to camp here.

"'You're all set. All your things can go right in here.' I said ok," Rivera said.

"I can't speak to what Mr. Rivera is claiming our staff said to him," Stefanski said.

Stefanski says San Rafael is just weeks away from establishing a city-sanctioned camp for the unhoused alongside Mahon Creek, with health and housing assistance.

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"We take a holistic human centered approach to homelessness. We don't target individuals one by one," Stefanski said.

The city says Rivera has been offered housing assistance in the past but declined.

Until a judge's ruling, Rivera say he'll stay here on library grounds.

"I don't do drugs. I don't drink. I don't fight," Rivera said.

"Humans can't be made to play a game of musical chairs, when it comes to where they live. They have to have dignity," Powelson said.