Case 3:22-cv-00928-VC Document 11-2 Filed 02/18/22 Page 1 of 6

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

A Limited Liability Partnership
2 Including Professional Corporations
ARTHUR J. FRIEDMAN, Cal. Bar No. 160867
3 ALEXANDER L. MERRITT, Cal. Bar No. 277864
KATHRYN C. KAFKA, Cal. Bar No. 336302
4 Four Embarcadero Center, 17th Floor
San Francisco, California 94111-4109
5 Telephone: 415.434.9100
Facsimile: 415.434.3947
6 E mail: afriedman@sheppardmullin.com
amerritt@sheppardmullin.com
7 kkafka@sheppardmullin.com

8 MARY WAGNER, Cal. Bar No. 167214

CITY ATTORNEY FOR CITY OF SAUSALITO
9 Sausalito City Hall
420 Litho Street
10 Sausalito, CA 94965
E-mail: mwagner@bwslaw.com
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Attorneys for Defendants
12 CITY OF SAUSALITO, STACIE GREGORY
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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16 PHILIP DESCHAMPS, CASE NO. 3:22-cv-00928-VC
17 Plaintiff, DECLARATION OF STACIE GREGORY IN
SUPPORT OF DEFENDANTS’ OPPOSITION
18 TO PLAINTIFF’S EX PARTE APPLICATION
v. FOR A TEMPORARY RESTRAINING
19 ORDER
CITY OF SAUSALITO; POLICE
20 LIEUTENANT STACIE GREGORY,
individually and in their respective official Action Filed: February 15, 2022
21 Trial Date: T.B.D.
capacities,
22 Defendants. Judge: Hon. Judge Edward M. Chen

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GREGORY DECLARATION
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1 DECLARATION OF STACIE GREGORY

2 I, Stacie Gregory, declare as follows:

3 1. I am a Police Lieutenant for the City of Sausalito and have held that position for six

4 years. I have been a police officer for 24 years. If called as a witness, I could and would
5 competently testify to all facts stated herein based upon my personal knowledge except where
6 stated upon information and belief. This Declaration is submitted in support of Defendants’
7 Opposition to Plaintiffs’ Ex Parte Application for a Temporary Restraining Order.
8 2. I have personal knowledge of the events stated herein as I have debriefed with my

9 Departmental staff on these incidents, reviewed relevant City of Sausalito Police Department's
10 records regarding these events, and communicated with other witnesses to the events and/or
11 conditions described herein.
12 3. On December 13, 2021, the court authorized the City to temporarily relocate the

13 Marinship Park encampment area to the Marinship Park tennis courts. Pursuant to this
14 authorization, City began to inform and prepare residents for the upcoming move at or around this
15 time.
16 4. On February 7, 2022, the City posted 72-hour Notices of Removal throughout the

17 Marinship Park encampment area, adjacent parking lot, and on vehicles to provide encampment
18 residents with adequate notice to prepare for the upcoming move to the tennis courts. A copy of
19 the Notices of Removal posted on February 7, 2022 is attached as Exhibit A.
20 5. From February 7 through February 10, 2022, I made daily visits to the Marinship

21 Park encampment, along with other Sausalito Police Officers and Urban Alchemy staff members.
22 While at the encampment, I spoke with residents each day about the upcoming encampment
23 closure and advised them of alternative temporary housing options.
24 6. On February 10, 2022, the City began the process of temporarily relocating

25 encampment residents from Marinship Park. Prior to February 10, the City provided some of the
26 encampment residents with his or her own platform and a City-issued tent installed on the tennis
27 courts at Marinship Park. The City assisted with securing alternative temporary housing and
28 safely relocating the other encampment residents who did not have a designated platform area on

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1 the tennis courts. The City also offered to temporarily store residents’ possessions for those who
2 relocated to shelters, hotel rooms, and other sources of temporary housing.
3 7. Unfortunately, on February 9, the night prior to the move, an arson was committed

4 at the tennis courts. While luckily no one was injured, the arson caused significant damage to the
5 tent and platform where the explosion occurred. Plaintiff’s platform area was located next to the
6 site of the arson. Plaintiff’s City-issued tent was significantly damaged by the arson; however,
7 Plaintiff’s assigned platform remained intact. At this time, Plaintiff had yet to move most of his
8 belongings from the parking lot to the tennis courts and most of his belongings were fortunately
9 spared from damage.
10 8. Because Plaintiff was temporarily displaced due to the arson and resulting damage

11 to his City-issued tent and platform, which Plaintiff did not cause, I allowed Plaintiff to
12 temporarily relocate his possessions from the parking lot to an area in the tennis courts outside of
13 his designated platform area. On the morning of February 10, the day of the official move, I
14 informed Plaintiff that he could temporarily relocate his possessions to a specified area in the
15 tennis court while his designated platform area was cleaned and until a new City-issued tent could
16 be provided.
17 9. On the same morning of February 10, Plaintiff began moving his belongings to the

18 tennis courts. At this time, I noticed Plaintiff was moving a significant amount of items to the
19 tennis courts. I reminded Plaintiff that he needed to limit amount the items to those that could
20 remain within his assigned platform area. On information and belief, Urban Alchemy staff
21 members also asked him to limit the amount of items he was moving to the tennis courts to his
22 designated platforms.
23 10. Later that day, the City completed its clean-up of the burn area. Plaintiff then

24 began moving his belongings to his designated platform area.

25 11. The following day, on February 11, I learned Plaintiff began constructing an

26 unauthorized structure on his platform. Throughout that week, Officers repeatedly spoke with
27 Plaintiff and repeatedly requested that he remove the structure and limit the amount of personal
28 items brought into the tennis courts to no avail.

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1 12. The City’s Code of Conduct for the Marinship Park encampment requires

2 residents’ possessions to generally remain within their assigned platform area and prohibits the
3 construction or assemblage of any permanent structures. The Code of Conduct for the Marinship
4 Park encampment, as adopted by the City Manager, is attached as Exhibit B.
5 13. Throughout the week of February 14, I, along with other Officers, continued to

6 inform Plaintiff that the unauthorized structure and accumulation of items outside of Plaintiff’s
7 designated platform area are not permitted and would be removed by the City later that week if he
8 did remove it voluntarily. I repeatedly reminded Plaintiff that he and all other encampment
9 residents are required to use City-issued tents on the platform. On information and belief, Urban
10 Alchemy staff members had several similar conversations with Plaintiff.
11 14. Despite numerous warnings and requests from myself, other Officers, and Urban

12 Alchemy, Plaintiff continued to construct and expand the unpermitted structure on his platform
13 throughout the following days. Photographs of the unpermitted structure are attached as Exhibit
14 C.
15 15. In response to Plaintiff’s concerns regarding his cats’ safety, I offered to provide

16 Plaintiff with a cage he could use to safely and securely house his cats while at the tennis courts.
17 Plaintiff declined my offer.
18 16. On February 16, 2022, Urban Alchemy staff members spoke with Plaintiff and

19 assisted Plaintiff with voluntarily moving some of his belongings out of the tennis courts. Plaintiff
20 also voluntarily removed most of the unpermitted structure from his platform area with assistance
21 from Urban Alchemy staff members.
22 17. However, when I arrived with other Officers at the tennis courts the next morning

23 on February 17, I noticed that Plaintiff was in possession of two pieces of fencing stolen from
24 Marinship Park and was using the fencing as part of the construction of the unpermitted structure
25 on his platform area. Shortly thereafter, one of my Officers spoke with Plaintiff about the stolen
26 pieces of fencing and asked him to return them to the City. Plaintiff complied. Photographs of
27 Plaintiff’s tent and platform area taken on February 17 are attached as Exhibit D.
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1 18. On information and belief, Plaintiff received a City-issued tent and confirmed to

2 Urban Alchemy staff that Plaintiff understands he is required to use a City-issued tent on the
3 tennis courts. A portion of the unpermitted structure, however, still remains on Plaintiff’s
4 platform area.
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6 I declare under penalty of perjury under the laws of the United States of America that the

7 foregoing is true and correct.

8 Executed on this 18th day of February, 2022 in Sausalito, California.

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Stacie Gregory
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1 PROOF OF SERVICE

2 Philip Deschamps v. City Of Sausalito et al.

CASE NO. 3:22-cv-00928-VC
3
STATE OF CALIFORNIA, COUNTY OF ORANGE
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At the time of service, I was over 18 years of age and not a party to this action. I
5 am employed in the County of San Francisco, State of California. My business address is 650
Town Center Drive, Tenth Floor, Costa Mesa, CA 92626.
6
On February 18, 2022, I served true copies of the following document(s) described as:
7 DECLARATION OF STACIE GREGORY IN SUPPORT OF DEFENDANTS’
OPPOSITION TO PLAINTIFF’S EX PARTE APPLICATION FOR A TEMPORARY
8 RESTRAINING ORDER on the interested parties in this action as follows:

9
Anthony David Prince Attorney for Plaintiff:
10 Law Offices of Anthony D.
Prince California Homeless Union/Sausalito Chapter
11 2425 Prince Street, #100
Berkeley, CA 94705
12 510-845-5475
princelawoffices@yahoo.com
13 Assigned: 02/16/2021

14

15 BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the

document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the case
16 who are registered CM/ECF users will be served by the CM/ECF system. Participants in the case
who are not registered CM/ECF users will be served by mail or by other means permitted by the
17 court rules.

18 I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct and that I am employed in the office of a member of the bar of this
19 Court at whose direction the service was made.

20 Executed on February 18, 2022, at Costa Mesa, California.

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22 /s/ Linda Samson

LINDA SAMSON
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