San Rafael Man Living Under Freeway Sues City: Reports

SAN RAFAEL, CA — An unhoused man living in a city-approved homeless encampment under the 101 Freeway is suing the City of San Rafael, alleging health problems.

Last Wednesday, James Hellard, 49, who lives in an underpass under 5th and Mission, filed a lawsuit that said the freeway noise and pollution have resulted in hearing loss and put him at risk of illness, the Marin Independent Journal reported.

Hellard’s class action suit alleged that the city “forced” him to live under the overpass for the past two years, because authorities would confiscate his survival gear if he lived anywhere else. As a result, Hellard told ABC7 News and the Independent Journal that he has permanent hearing loss, and is inhaling “dangerous amounts of freeway-related gasoline exhaust.”

"I've got ringing in my ears. We have coughs. We have just these slowly manifesting health problems that we're not quite sure where it's going to go to five years from now," Hellard told ABC7. The suit cites a 2010 CDC report that found that living close to a major freeway can cause asthma, respiratory symptoms, and more.

The suit seeks compensation for physical and emotional damages and property loss. It also asks that campers receive hygiene amenities like earplugs and N-95 masks, according to the Independent Journal.

The camp was established in July, and was supposed to provide security, restrooms, handwashing stations, garbage disposal, and more. San Rafael police mental health liaison Lynn Murphy, who is named in the suit, told the Independent Journal at the time that all residents were there of their own accord.

San Rafael officials declined requests from the Independent Journal and ABC7 for comment. A hearing is set for April 22.