The Supreme Court of California will hear the Oral Arguments in our People’s Park CEQA case in Los Angeles on April 3, 2024 at 9 am. The attorneys will make points and respond to questions posed by the justices.
An important area of discussion is how the new CEQA regulations (21085 and 21085.2) created by AB 1307 affect the decision of the Court of Appeals (COA) that the Supreme Court is reviewing. For one example, 21085.2 can be seen as making the return of the EIR for Housing Project #2 at People’s Park back to the trial court, as the COA has ruled, a moot point. On another point it could be argued that the criteria for enactment of 20185.2 was not met and the COA decision is still enforceable. The issues in the case are quite complex due to AB 1307.
See the People’s Park Documents archive for information on the case.
People’s Park is currently barricaded by stacked shipping containers topped with razor wire and guarded round-the-clock, following a midnight raid in early January by combined police forces from UC, CSU, Alameda County, San Francisco City and County and the California State Highway Patrol, organized by the UC Berkeley administration. Why? “The existing legal issues will inevitably be resolved, so we are taking this necessary step now to minimize the possibilities of conflict and confrontation, and of disruption for the public and our students, when we are cleared to resume construction,” said Chancellor Carol Christ (The Berkeleyan, January 16, 2024). Like others in the flood of official campus public relations communications with which students, faculty and staff have been inundated since the Chancellor’s 2017 announcement of plans to build student housing on the park, this response falls short of explaining why there is such fear of “conflict and confrontation” and such strong opposition to these plans, even from students whose interests the plans are supposed to serve.
For a broader range of perspectives on what was and is going on at People’s Park, Teach-Ins have been organized by UC Berkeley students (January 24) and by community groups (February 4). Please join us for the next one. There will be ample time for Q and A. Fiat Lux!
Presenters:
Harvey Smith, organizer of the People’s Park Historic District Advocacy Group and project advisor for The Living New Deal, UC Berkeley Department of Geography
Tom Dalzell, labor lawyer and author of The Battle for People’s Park, Berkeley 1969
Tony Platt, author of The Scandal of Cal: Land Grabs, White Supremacy and Miseducation at UC Berkeley and affiliated scholar at Berkeley’s Center for the Study of Law and Society
Steve Wasserman, publisher of Heyday Books and park activist since 1969
Sylvia T, recent UC Berkeley graduate, independent archival researcher and People’s Park defender
Sara Pech, Historic Preservation Club, a UC Berkeley student group
Representatives from the Suitcase Clinic, a UC Berkeley student group
Moderator:
Kristin Hanson, Professor of English, UC Berkeley
Please note that although masking is no longer required on campus it is much appreciated.
Harvey Smith People’s Park Historic District Advocacy Group P.O. Box 1234 Berkeley, CA 74701-1234
Re: People’s Park, Berkeley, CA, and Make UC a Good Neighbor v. Regents of the University of California, No. S279242
Dear Mr. Smith,
The National Trust for Historic Preservation (“National Trust”) wishes to express our support for the preservation of historic People’s Park in Berkeley, California. People’s Park is listed on the National Register of Historic Places as nationally significant for its association with student protests and countercultural activities during the 1960s. The National Register of Historic Places is fundamentally a land-use planning tool that is intended to help prevent the loss of and harm to historic resources, and People’s Park’s inclusion on it should encourage just such a positive outcome. The National Trust is committed to advocating for significant historic places like People’s Park, and we hope that our support helps emphasize the national significance of People’s Park and the importance of exploring all possible opportunities for its preservation.
The National Trust was chartered by Congress in 1949 as a private charitable, educational, and nonprofit organization to “facilitate public participation” in historic preservation, and to further the purposes of federal historic preservation laws. See 54 U.S.C. § 312102(a). With over one million members and supporters, the National Trust works to protect significant historic places and to advocate for historic preservation as a fundamental value in programs and policies at all levels of government. In addition, the Chairman of the National Trust has been designated by Congress as a member of the Advisory Council on Historic Preservation (“ACHP”), which is responsible for overseeing federal agency compliance with Section 106 of the National Historic Preservation Act, id. §§ 304101(8), 304108(a).
One of the National Trust’s core areas of advocacy is the defense of local, state, and federal historic preservation laws. We understand that the People’s Park Historic Advocacy Group is currently involved in a lawsuit challenging, among other things, the inadequate analysis of alternatives under the California Environmental Quality Act (CEQA). The National Trust wishes to express our support for the full exploration of all potential alternatives that result in the preservation of People’s Park. The exploration of alternatives is a core protection provided to historic places by CEQA. For projects that are not dependent on a single location, such as the proposed construction of student housing, a robust alternatives analysis can often identify superior win-win solutions that allow both preservation and new construction. We hope that just such a solution can be identified that enables both the construction of new student housing in Berkeley and the preservation of People’s Park.
The National Trust would be happy to work with the People’s Park Historic Advocacy Group to help envision historic preservation opportunities at People’s Park and to advocate for its preservation. People’s Park is a unique historic place that is integral to the story of both Berkeley and the nation, and the National Trust supports the work that the Advocacy Group is doing to prevent its destruction. Please feel free to share this expression of our support in any way that may be helpful, and we look forward to continuing to work with your organization.
Sincerely,
Rob Nieweg Senior Vice-President Preservation Services & Outreach
Elizabeth S. Merritt Deputy General Counsel
Chris Cody Associate General Counsel
600 14th Street NW, Suite 500, Washington, DC 20005 E law@savingplaces.org P 202.588.6035 F 202.588.6038 SavingPlaces.org
The People’s Park Council sent out a text alert today, December 30, at 1:30 pm. It is a “heads up” for imminent attack on People’s Park. (Background info: Several sources have warned the call is out for a large number of police to be at the Park, 5 am, Tuesday January 2.) The People’s Park community refers people to the www.peoplespark.org web site, and also announces a December 31 Noon meeting at People’s Park for all to organize for park defense. Note: Please keep your phone ringer on especially on the night of January 1, 2024.
Text SAVETHEPARK to 41372 — and share this number! If possible, disable your phone’s “Do Not Disturb” for the first week of January to ensure you get nighttime alerts.
Media outlets are reporting that UC Berkeley intends to attack People’s Park in the first week of January 2024. Yes, 16 months after UC’s failed attempt in August of 2022 to fence and destroy the park, they have regrouped and now they are ready to go back on the offensive.
We won’t let them destroy it!
Park defenders are preparing to protect People’s Park once again, as we have successfully done for the past 54 years. While there are still some issues winding their way through the courts, the situation has changed since 2022. State politicians such as Buffy Wicks, Nancy Skinner and Gov. Gavin Newsom have worked to change the law to enable UC Berkeley to ignore environmental law and finish their conquest of People’s Park.
The university will rely on hordes of riot police to do their dirty work. Do not be afraid! Come join us! When it comes to the park, the people have always prevailed — but we can’t do it without you.
Now is the time to prepare and get ready to mobilize. Get supplies together in preparation for a late-night, or early morning, resistance. Tell your friends about the Park and encourage them to join you.
Get connected in the following ways:
Text SAVETHEPARK to 41372 — and share this number! If possible, disable your phone’s “Do Not Disturb” for the first week of January to ensure you get nighttime alerts.
For further updates, text “@pplspark6” to 81010
Come out to the park to meet people and get prepared.
Form Affinity Groups so that you and your friends can engage in creative resistance to help save the park. Diversity of tactics is encouraged!
Protecting People’s Park affirms Berkeley’s radical tradition and the park’s place in our hearts and social fabric. It is listed on the U.S. National Register of Historic Places as a place of major historic and cultural significance and value, and is home to free daily food servings, basketball, and companionship of plants, animals, and humans.
Press Release: Wicks legislation may kill Berkeley low income housing project Date: August 23, 2023
For Immediate Release
Contact: Harvey Smith, People’s Park Historic District Advocacy Group, 510-684-0414, peoplesparkhxdist@gmail.com
State Assembly Member Buffy Wicks (D, East Bay), a vocal backer of housing for the poor and unhoused, has introduced a bill that may likely kill a supportive housing project for the homeless proposed by UC Berkeley on People’s Park, a federally recognized historic site listed on the National Register of Historic Places.
Federal law generally bans the use of Federal funds on housing projects proposed on National Historic sites unless the developer submits to an extensive Federal review, including consideration of alternative sites. UC Berkeley has declined to participate in this process, so HUD has determined at this time that federal funds would not be available for the project
Harvey Smith, president of the People’s Park Historic District Advocacy Group, said “We have urged UC to use an alternative site, just one block away, that would accommodate both the student housing and the supportive housing, and which would be eligible for Federal funding with no need for a Federal review. This would be a win-win solution for the university and the community.”
The university’s Project #2 plans to construct about 1000 units of student housing and more than 100 units of supportive housing for low income people in Berkeley’s People’s Park, site of one of the major social, political, and cultural conflicts of the 1960s. The park, owned by the university, has remained public open space since 1972.
Construction is currently blocked by a California State Appeals Court decision in a lawsuit brought by plaintiffs who favor building the project on a more appropriate university owned site. The court required the university to seriously consider more than a dozen alternative properties, and the university has appealed the decision to the State Supreme Court. The non-profit chosen by the university to build the supportive housing has dropped out of the project and no replacement developer has been named. Generally, long term supportive housing projects require a significant level of Federal funding
Wicks’ bill, AB1307, attempts to allow the university to build the project in People’s Park without considering alternatives. The park is an official historical landmark, recognized by both the Berkeley City and California State governments. It is also on the National Register of Historic Places, a list established by federal law to designate sites of such national historical importance that they deserve preservation.
Supporters of Peoples Park have urged UC to move the project to the decrepit Channing parking structure, a 1.7 acre university property located just one block west of the park. It’s now occupied by a sixty-year-old parking structure that must be taken down for seismic reasons. The university has designated the site for eventual student housing but has no specific project or designated funding for that purpose.
Harvey Smith said, “We urge Wicks to drop her amendment and urge the university to build the project in an appropriate alternative location. This would assure the construction of both much-needed student and supportive housing. And it would preserve an invaluable historic resource, consistent with federal preservation policy. Finally it would also preserve the only public open space in Berkeley’s most densely populated neighborhood.”
A misguided disaster struck People’s Park and many trees dear to us were chopped down, killed. We will continue to revitalize the park with resources anyone can contribute.
The dryness in summer is hurting trees, bushes, community gardens with flowers, herbs and vegetables, and happens when UC keeps the water turned off. Park gardeners do what they can in transporting water bucket by bucket. Please contact us if you are able to help out. Every bucket makes a difference, and it can be a great group activity if you get your friends together to do a bucket brigade. Send us photos to post when you do this!
People’s Park 54th Anniversary (in memory of Michael Delacour) Sunday, April 23, 2023, 11 AM to 7 PM
Climate Event, Yukon Hannibal and Drummers, Welcome by Eddie and talk about Michael, Jordan Huez, Speakers, Hali Hammer and Randy Berge, Max Ventura, dress, and George Franklin, Marika Sage, Speakers, Moth Morgue, Speakers – Aidan Hill, Cheryl Davila, others, Driftwood Dave duo, Speakers – Alan Haber, Odile Hugonot, others, Evelie Delfino Såles Posch, Carol Denney, Speakers, Afterthought, Andrea Mallis, astrologer, FiLTHMiLK, Speakers – Russell Bates and others, Andrea Prichett group, Speakers, Jazmin, Speakers, Gurschach, Closing
11:00-12:00: Climate Event 12:00-12:30: Yukon Hannibal and Drummers 12:30-12:40: Welcome by Eddie and talk about Michael 12:40-12:55: Jordan Huez 12:55-1:10: Speakers 1:10-1:25: Evelie Delfino Såles Posch 1:25-1:35: Max Ventura, dress, and George Franklin 1:35-1:50: Marika Sage 1:50-2:05: Speakers 2:05-2:20: Moth Morgue 2:20-2:35: Speakers – Aidan Hill, Cheryl Davila, others 2:35-2:50: Driftwood Dave duo 2:50-3:05: Speakers – Alan Haber, Odile Hugonot, others 3:05-3:20: Hali Hammer and Randy Berge 3:20-3:35: Carol Denney 3:35-3:50: Speakers 3:50-4:05: Afterthought 4:05-4:15: Andrea Mallis, astrologer 4:15-4:45: FiLTHMiLK 4:45-5:00: Speakers – Russ and others 5:00-5:15: Andrea Prichett group 5:15-5:30: Speakers 5:30-6:00: Jazmin 6:00-6:15: Speakers 6:15-6:45: Gurschach 6:45-7:00: Closing
We hope to see people from many organizations as we work toward long term stewardship and maintenance of the park in perpetuity. This is to build an inclusive community wide planning and working group to revitalize our park and to create a commons for all.
SATURDAY, APRIL 29, 1–4 PM Community Meeting Room in Berkeley Central Library 2090 Kittredge Street, Berkeley, CA 94704
54th Anniversary Celebration: We are Peoples Park! Berkeley, CA
Michael Delacour visioning the future of People’s Park — photo: Nacio Jan BrownMichael Delacour circa 1970 — photo: Nacio Jan BrownMichael Delacour speaks at a student organization gathering at People’s Park – photo: Harold AdlerMichael Delacour and friends at People’s Park – photo: Harold AdlerMichael Delacour speaking to students at People’s ParkMichael Delacour talking with police officer in People’s ParkGina and Dusk DelacourGina dancing with cat in arms in the sunshine at a People’s Park eventMichael Delacour and Gina at People’s Park eventPeople’s Park gathering on the sunny lawn for music and speakersWave Gravy clowning around at People’s Park eventMichael Delacour and Matt at Free Box construction in People’s ParkMichael Delacour and Charles Gary at Free Box construction in People’s ParkMichael Delacour at Free Box construction at People’s Park
It is with great sadness that we’re sharing the news that Michael Delacour, one of the founders of People’s Park, died Thursday, March 9, 2023.
From Odile Hugonot Haber, who lived with Michael for 6-1/2 years in the 1980s, and who shared some pre-People’s Park history:
Michael Delacour was born in San Diego. His mother I think was born in England.
Maybe her father, Michael’s grandfather lived on the cliff of San Diego in a big house.
He was a Professor of art, maybe had been involved in prints. He had been brought from England by the University of San Diego.
His mother Jean maybe, married his father, maybe a student then. He had bought a fishing boat. He loved fishing in the sea, and they lived on money inherited from the grandfather. Michael remembered going on his boat with him. His father died of a heart attack and his mother was a widow, with 4 children, 2 boys and 2 girls.
Michael was recruited or sent to the national guard as a youth. Then he told me that he worked in a giant Naval factory in San Diego that built missiles. He thought it was amazing how many people worked there together in this giant workplace. He learned working there with other people. He got married very young to Leslie and they had 3 children Kathy, Vanessa and David.
When his work sent him to work elsewhere, his wife left him, and met a German man.
Michael was heartbroken and got very depressed and took care of his 3 children.
He was depressed and they gave him shock treatment therapy. It was very hard for him.
Then he went to Berkeley just when the anti-war movement got started. He became a boiler maker and was very active in the boilermaker union. He got active in the antiwar Vietnam peace movement and when the Free Speech movement started moving to People’s Park. He got involved with the Park. He had an important role in the creation of the People’s Park.
For most of his life he watched People’s Park and was very active in it. He was generally very active politically and once he ran to be mayor of Berkeley. He had a different slogan posted high on telephone polls, they were silk screen or painted.
He was part of the Rank and File coalition and wrote articles in the Rank and File’s news,
Michael always regretted his lack of education and felt slighted by it. Michael believed in direct action and was good at it.
From Max Ventura:
Michael and I met as part of Campaign Against Apartheid, which intersected a lot with the park and the larger movement, and Odile and Michael and I were part of the Homeless Direct Action Collective (HDAC, pronounced headache), a true headache for the politicians in town. Based in the park, we did two occupations of Provo Park, what now is referred to as Civic Center Park: Loniville, and Loniville 2 to demand the City help those on the streets. Yup.. back in the mid-80’s. Getting no action via the city, we took to squatting houses which had been vacant for years, some 10-15. Many privately owned.. land speculation… but many city-owned. Michael, with all his skills, got water and electricity going. We used to joke that we had luxury squats. He also brokered an arrangement with one of our large squats, 2 units, so that it was able to be a squat fairly longterm. While many of our squats were very public to press the political choices politicians were making, we all and Michael also supported quiet squats, to simply allow people indoor shelter. Michael always related not only to the working class, but the most vulnerable in our society, and always was ready to go, chomping at the bit, to take direct action to make a society for all.
Michael was struck by how all those workers in the missile factory worked together as a team, in that case to help facilitate death, but he took that knowledge of the power of working together and recast it as part of the anti-war movement, and the building of People’s Park. If he’s looking down now, he’d probably be yelling at us all as we write about him, calling us elitists because we can write. How many times he yelled that at me when he wasn’t asking me to write something and then when I reminded him I have exactly zero plumbing or electrical or mechanical skills which he used all the time in the movement, he’d nod. Often, the next moment he’d be chuckling, glad to be recognized for his invaluable skills and work. Only a couple years ago when there was water backing up in pipes to the park, he was out there leading a few of us in trying to pinpoint the source of the issue. Always hands-on. “Everyone Gets a Blister!”
Michael was about DOing, not just talking, and that is, perhaps, his most important legacy. People’s Park is his legacy. People around the world are inspired by it. We look forward to our celebrating him further April 23rd at our 54th anniversary!
From Isis Feral:
I met Michael when I was a teenager in the Campaign Against Apartheid in the mid-1980s. Another example of Michael fighting on behalf of the oppressed was more recently when, together with his late wife Gina, he joined my dad and me in court to advocate for the release of one of our family members, who had been incarcerated in a psychiatric institution, where she was being forcibly drugged, and threatened with conservatorship. Thanks to their determined solidarity, we were able to bring her home that day.
From Lisa Teague:
This 2018 article by Tom Dalzell has a lot of old photos and information about Delacour family history, as well as Park history:
We dedicate this year’s People’s Park 54th Anniversary to Michael Delacour as a celebration of his life and work.
Michael Delacour Presente!
Help Dusk Delacour, Michael Delacour’s son with a contribution
A GoFundMe account has been created to help pay for the costs of Michael Delacour’s cremation, memorial and to help his son, Dusk, to get set up in a new location. Please give what you can and help spread the word. In this way, may we honor our comrades and each other. https://gofund.me/dfff700c
This 2018 article by Tom Dalzell has a lot of old photos and information about Delacour family history, as well as Park history.
