Correction: An earlier version of this story incorrectly stated that a temporary restraining order had been issued to halt the city’s planned removal of the Evans Vista encampment. The judge has reserved ruling on that request pending a hearing scheduled for Friday, Oct. 31. The article has been updated to reflect this clarification.

A Jefferson County Superior Court judge reserved ruling on the request for a temporary restraining order, that if granted, would prevent the city of Port Townsend from clearing the Evans Vista homeless encampment. The hearing is scheduled for Oct. 31.

The ruling could restrict all enforcement tied to the planned Nov. 3 removal only temporarily, while the court reviews whether the city’s actions may violate state and local law governing shelter access for people experiencing homelessness. 

Judge Brandon Mack signed an order to show cause on Oct. 23, directing the city to appear in court to explain why a temporary restraining order or preliminary injunction should not be issued to stop the closure, sweeping or dismantling of the encampment behind the Department of Social and Health Services building near Evans Vista Road.

The order to show cause also requires the city to explain why it should not be prohibited from removing or threatening to remove current residents, or from terminating sanitation services, trash removal or access to water and hygiene facilities already provided at the site.

Any temporary restraining order would run for 14 days under the proposed terms, but the judge has reserved ruling pending the hearing.

Mack has ordered the city to appear and “show cause” why a temporary restraining order or preliminary injunction should not continue until alternative housing or a sanctioned space is available for all residents, consistent with Port Townsend Municipal Code 17.62 and Washington’s HB 1220.

A hearing on the motion is set for 1 p.m. on Oct. 31 in Jefferson County Superior Court.

The legal action was filed by encampment resident Michele A. Goodwin, who stated she has lived at the site since June 2024 and estimates roughly 30 people reside there in tents or small temporary structures.

In her declaration to the court, Goodwin argues that the city’s removal schedule would force residents into unsafe conditions heading into winter, sever connections with outreach teams providing housing and health services, and expose people to possible arrest for trespassing despite lacking any legal place to go.

“I am not asking the Court to stop the City permanently,” Goodwin stated. “Only to pause the sweep until another site or housing is available for everyone currently living at Evans Vista.”

City officials have previously said the Nov. 3 deadline was set for health and safety reasons and to create urgency in transitioning residents to alternative placements.

The city declined to comment on Oct. 28, citing its policy against commenting on pending litigation. 

In the court document, Mack wrote that “immediate injunctive relief is necessary to preserve the status quo and prevent irreparable harm” while the case is pending.

He also found that “there is a substantial likelihood that the plaintiff will prevail on the merits of the claims that the City’s planned action violates (Port Townsend Municipal Code) 17.62, the City’s obligations under (House Bill) 1220, and the due-process protections guaranteed by Article 1, section 3 of the Washington Constitution.”

The matter remains under court review until the hearing determines whether the encampment removal can legally proceed.