A well-known homeless advocate in Santa Rosa, California, is taking the city to federal court after being cited for code violations related to the meals and gatherings he holds at his home for unhoused neighbors. Merlin Davis lives across from the 188-bed Sam Jones Homeless Shelter, about four miles from downtown. He says he is just trying to help people in his rural neighborhood, according to KTVU. The city has classified the citations as criminal misdemeanors.
The city’s case focuses on the condition of Davis’s property, not the gatherings. Santa Rosa gave Davis a notice for violating city code, saying he didn’t keep his property free of debris and nuisance conditions. It added that he didn’t keep the culverts in his driveway clear. Both violations are considered criminal misdemeanors.
Davis disagrees that his property is the main problem in this situation. He says the trash on the public road comes from many people who never enter his land, and that the city’s codes don’t match what’s actually happening. He believes the litter is a result of the neighborhood’s behavior in general, not the meals and gatherings he provides.
Davis responded to the citations by filing a federal lawsuit against the city, claiming his civil rights were violated. The court was set to continue the case on Friday, but the issue hasn’t been resolved yet. The city says Davis must keep his property up to code, and this claim will now be decided in court.
Why the Advocates Point to a Lack of Public Infrastructure
Davis and other advocates say that this type of debris is expected in a neighborhood with almost no public sanitation. They point out that there’s only one small garbage can, which is far away, and people leaving the shelter often have nowhere to put their trash. Advocate Robbie Powelson said the situation would be the same even without Davis, since the large homeless shelter is nearby and people leaving it have few options.
Advocates say if the litter on the public road comes from people going to and from the shelter, not from Davis’s gatherings, then citing a homeowner doesn’t solve the real problem. The main issue in the case is where the debris comes from, since the city’s citations are based on the idea that the property owner is responsible for nearby conditions. But it seems it’s difficult for either side to prove what is happening definitively.
What the Gatherings Provide for Shelter Residents
For people staying at the Sam Jones shelter, Davis’s property is one of the few places where they can gather. Shelter resident Jorge Rodriguez said it’s difficult to stay inside the shelter all the time, and being able to spend time outside in the neighborhood is a relief. He called Davis the cornerstone of the area. Another resident, Christina Kelly, talked about the daily challenges people face there, including how hard it is to find even basic jobs.
The gatherings that Davis puts together help foster the feeling of community that a regular shelter bed just can’t match. Davis says he’ll keep helping the unhoused people around him no matter what happens legally, and sees them as neighbors whether they live in a house, a shelter, or on the street. The case will decide if a homeowner can be held responsible under nuisance codes for conditions tied to his gathering place.