Lawsuit Update, November 22, 2022

On PROGRESS (or lack thereof) in the Matter of MAKE UC A GOOD NEIGHBOR, PEOPLE’S PARK HISTORICAL DISTRICT ADVOCACY GROUP, and PEOPLE’S PARK COUNCIL vs. BERKELEY CITY COUNCIL, MAYOR JESSE ARREGUIN, CITY OF BERKELEY, and REGENTS OF THE UNIVERSITY OF CALIFORNIA d.b.a. UNIVERSITY OF CALIFORNIA AT BERKELEY, Alameda County Superior Court Case No. RG21105966:

Our lawsuit on behalf of three (3) People’s Park groups commenced over a year ago, August 2, 2021, as a Petition for Writ of Mandate against the Berkeley City Council and Mayor for violation of the California open-meeting law (the Ralph M. Brown Act) and for violation of certain laws, including Berkeley Measure L and Measure N (true copies of which are attached to this email message).

Berkeley Measure L and Measure N (PDF)

The case, originally a Petition against the City Defendants, has now morphed essentially into a Complaint for Breach of Contract against the University of California (“UC”).

Under the purview of Hon. Frank Roesch, an Alameda Superior Court judge, People’s Park’s pleadings have now been amended four (4) times in response to demurrers and other motions designed to defeat the people’s efforts to challenge the Berkeley City Council and Mayor’s secret agreement with UC, a deal by which the City corruptly colluded with UC to sell out the public interest in controlling overcrowding, in receiving equitable compensation for City services, in maintaining low-income housing, and in preserving parks and open space within the City limits, most notably, People’s Park.

On behalf of People’s Park Council and the two other non-profit community groups, I filed the 4th Amended Petition and Complaint on November 17, 2022, and directed a copy to David M. Robinson, Chief Campus Counsel for UC Berkeley. I then appeared before Judge Frank Roesch the following morning in a Zoom hearing for Case Management and Compliance. The next Case Management Conference is set for February 3, 2023, at 9:00 a.m. in Dept. 17.

The current incarnation of this People’s Park lawsuit, namely the 4th Amended Petition and Complaint, largely consists of an action against the Regents of the University of California (UC) alleging breach of contact. Specifically, UC breached multiple agreements with People’s Park Council and with the founding Park gardening group, People’s Park Project/ Native Plant Forum, agreements that date back as far as 1978 and 1979.

At least two (2) of these agreements were written and signed by representatives for People’s Park and the UC Berkeley campus administration, the Letter of Agreement dated May 8, 1978, and the Letter of Understanding, dated January 5, 1979. Some of the other agreements, both written and verbal, expressed and implied, were described in an open letter dated August 31, 1979, from Associate Vice Chancellor T. E. “Ted” Chenoweth to his boss, Vice Chancellor R. F. “Bob” Kerley. True copies of all three (3) contractual “Letters” are attached to this email message.

3 Letters of Agreement – University of California, Berkeley Campus Chancellor’s Office and the People’s Park Project/Native Plant Forum (PDF)

UC had systematically breached its solemn agreements with People’s Park organizations for many years, even before the most recent wanton and tragic acts of destruction, especially those wrought last summer, 2022. We will pursue the ongoing action for breach of contract, as well as planning to claim property damages in a separate proceeding.

Breach of contract may not be a crime, it’s true, but destruction of property and vandalism ARE indeed crimes. UC has wantonly and brazenly acted to destroy People’s Park, harming and killing trees, shrubs, wildlife habitat, and many other landscape features, including damage to the ramp for the People’s Stage.

These living items belong to the people, by and through the People’s Park organizations and volunteers who created them, bought and paid for them, installed and planted them. These items were and are NOT the property of UC or the Campus Administration. The People’s Park agreements that UC has violated are proof of UC’s knowledge, intent, and malice that underlie their recent wave of senseless damage, destruction, and desecration.

UC has willfully stifled and vandalized the fruits of our creativity. UC has also heartlessly employed unfortunate social ills and challenges, such as homelessness and drug use, as a cynical weapon to discredit and defame People’s Park and the Park community, blaming the victim for the very problems of neglect that UC has fostered and focussed upon the sacred ground of People’s Park.

With unity, persistence and love, we can hold UC accountable for these wrongs, and commence the process of transforming the Berkeley campus administration from a purveyor of public corruption and higher ignorance, into an institution of higher learning and public cooperation.

Wishing good luck and a happy holiday to all,

David

DAVID L. AXELROD,
Attorney at Law

Documents:

Berkeley Measure L and Measure N (PDF)

3 Letters of Agreement – University of California, Berkeley Campus Chancellor’s Office and the People’s Park Project/Native Plant Forum (PDF)

The Future of People’s Park: panel discussion, February 26, 2021

The Future of People’s Park panel discussion was presented online by the People’s Park Historic Advocacy Group with Berkeley community members on February 26, 2021. Here’s a video of the discussion, archived on the People’s Park YouTube channel.

Presenters:

  • Harvey Smith – author of “Berkeley and the New Deal”, People’s Park Historic District Advocacy Group (event host)
  • Tom Dalzell – author of “The Battle for People’s Park Berkeley 1969”, “Quirky Berkeley” series, union leader, lawyer
  • Steve Wasserman – Participant and Activist during 1969, publisher of Heyday Books, career in publishing, editing and writing
  • Maxina Ventura – member of People’s Park Council (formerly Committee), Homeopath, environmental activist
  • Aidan Hill – Former Berkeley Mayoral Candidate, UCB Student/Graduate, candidate for District 7
  • Joe Liesner – long-time People’s Park activist, Food Not Bombs volunteer

Participants:

  • Joseph Copeland – raised near People’s Park, son of “People‘s Park” author Alan Copeland
  • Chuck Wollenberg – People’s Park Historic District Advocacy Group, Berkeley historian
  • David L. Axelrod – attorney at law, Sierra Law Office

UC Berkeley plans to build a high rise on People’s Park, which would destroy the historic and cultural legacy and an irreplaceable natural environment, has brought together writers, historians, students and park activists to oppose this ill-considered project.

Presenters share the historic background of the park, give details on the effort to recognize its national landmark status (**formally received this status May 2022), and share plans for revitalizing this invaluable public green, open space.

Event Transcript (text format)
https://www.peoplespark.org/wp/wp-content/uploads/2022/11/Future-of-Peoples-Park-February-26-2021-Event-Transcript.txt

Event Chat (text format)
https://www.peoplespark.org/wp/wp-content/uploads/2022/11/Future-of-Peoples-Park-February-26-2021-Event-Chat.txt

People’s Park Historic District Advocacy Group
https://peoplesparkhxdist.org

People’s Park website
https://peoplespark.org

Opinion: Demand the impossible, defend People’s Park

By Osha Neumann, in Berkeleyside
August 12, 2022, 10:46 am

I thought it was hopeless to try to defend People’s Park. But then, on Aug. 3, in the early morning hours, park defenders tore down fences UC Berkeley erected to begin construction on student housing, reoccupied the space and sat in front of the big yellow front loaders and excavators. That evening, they held a rally and as I listened to them speak I realized: They are the ones who will determine what is hopeless and what is not.

Each person who spoke expressed the need to protect open and unpatrolled space, a place for trees to grow large, and for housed and homeless people to gather and share what they have in common. They mourned that they had not been able to prevent the university, in its first act that morning, from cutting down a grove of redwoods, some with trunks 3 feet in diameter. Homeless people, who had sheltered in their shade, spoke of them as friends they had lost.

In the 60s, we had a slogan: “Be realistic, demand the impossible.” Today’s People’s Park defenders are demanding the impossible: That the park’s 2.8 acres be recognized as “commons,” a space that no one owns or controls. That was the vision in ’69. That’s their vision now.

Read the full article in Berkeleyside

Tear gas use on peaceful protesters is STILL immoral!

From: Terri Compost, August 3, 2022
Open letter to Berkeley City Council council@cityofberkeley.info

Dear Berkeley Mayor and City Council,

It has come to my attention that you could consider suspending the city’s policy against the use of tear gas, smoke and pepper spray for the duration of the City Council recess. The irresponsibility of putting an action like that in place during a time when the council can not act and respond to the situation is extremely irresponsible if not criminal.

I can only imagine you are considering it under the pressure of your UC controllers to encourage them forward in their attack on People’s Park and the People of Berkeley. The folly of the plan to try to build on People’s Park is evident. It has been an immoral and blatantly classist and racist assault against one of the few refuges in the City in which all people are served. The response of the people should not be a surprise to you. Building on People’s Park is a direct attack against a lot of people, some with nothing to lose. If UC or Berkeley truly wants housing, you will build it elsewhere. There is no scenario where putting a dorm on People’s Park could possibly go smoothly.

Now it’s in your hands. Do you want your legacy to be a bloodbath for this folly? UC creates the problem of scarce housing by admitting unsustainable numbers of students and then pretends to solve the problem they created. Well I’ll let you in on a little secret. People’s Park is a tar baby. The more you attack it the more stuck you will be covered in the tar of the evil of attacking the poor, the environment and our hopes and dreams.

Maybe with enough money, force, police, overtime, added expenditures, fences and ill will the University can cram in something. But it will never rest peacefully there. I suggest you don’t commit to protracted war on the poor of your city. You can not win. You will create more poverty and pain and devastation that will continue to ripple out.

There is a righteous stand to take here. Gus Newport did the right thing when he refused to allow the City of Berkeley Police Department be the ground troops for UC’s bad plan in 1979. The City has prohibited attacking peaceful protesters with chemical weapons for a reason. It is immoral.

History will remember the decisions you make. Peace can be made. A dorm can be built on the Parking Lot of Ellsworth and Channing. But it will take legislators of conscience and intelligence to take leadership and bring our town back to peace.

Please do not put swords into the wannabe overlord’s arsenal to slaughter your city while you are on vacation. Please do the right thing. People’s lives are at stake and you must be responsible now.

Thank you, Terri Compost

Terri Compost is a long-time Berkeley People’s Park community organizer, gardener, educator.

Call In To Berkeley City Council, Thursday August 4, 2022 8:15 PM To Stop Use of Tear Gas, Pepper Spray and Smoke

UPDATE: Berkeley Mayor Jesse Arreguin has canceled tonight’s meeting described below, perhaps he’s getting some spine or he’s just worried about national media attention. He tweeted: “Mtg cancelled. Policy stands and shame on the Sheriff for not guaranteeing mutual aide emergency support to Berkeley because he disagrees with our tear gas ban.”, in a Twitter thread that tagged Berkeleyside and others.

The Berkeley City Manager has requested to allow use of tear gas, smoke and pepper spray while City Council goes on sumer vacation, so the Berkeley City Council just called a Special Meeting for Thursday August 4, 2022 8:15 PM. The one agenda item is:

Discussion and possible action regarding the temporary suspension of the June 9, 2020 policy prohibiting the use of tear gas, smoke and pepper spray for the duration of the City Council recess.

Call in and demand the council does NOT allow this violent City Manager’s wish.

Thursday, August 4, 2022
City Council Special Meeting at 8:15 PM – (8:15 in the evening)

Videoconference: https://us02web.zoom.us/j/89083608532
Teleconference: 1-669-900-9128 or 1-877-853-5257 (toll free)
Meeting ID: 890 8360 8532

AGENDA: 1. City Manager – Discussion and possible action regarding the temporary suspension of the June 9, 2020 policy prohibiting the use of tear gas, smoke and pepper spray for the duration of the City Council recess.

https://berkeleyca.gov/city-council-special-meeting-eagenda-august-4-2022

https://berkeleyca.gov/your-government/city-council/city-council-agendas

This is a transparent attack on the people power that tore down the fence at People’s Park. Please call in and express your thoughts to stop these attacks on people trying to stop the destruction of People’s Park by UC Berkeley.

ALERT to Save People’s Park: UC Berkeley, Construction businesses, and Police Move To Destroy Berkeley’s Landmark, Open Space and Community of People’s Park, August 3, 2022

Text SAVETHEPARK to 74121 to get notifications. 

Note: This post will have ongoing updates. Last updated 1:52 PM August 3, 2022

August 3, 2022, 1:45 AM

Police Closing People’s Park Under Cover of Darkness, August 3, 2022

UC is moving on the park NOW! Please go to the park if you’re able, and let others know! Word from the park (as of 12:15am) is that surveillance light towers, fences are going up

They’re closing off Dwight. Towing cars. They’ve got Hillegass and Regent blocked off at Dwight with low portable fencing. The surrounding cars are being towed to another lot ‘to prevent possible damage from protesters’. This is it.

August 3, 2022, 3:13 AM

Light towers were about to be unloaded. Looks like UC is about to fence off the park. If you can make it down, please do. Text SAVETHEPARK to 74121 to get notifications. 

Sorry to share yuck news but it’s all about our resistance to it at this point.

August 3, 2022, 6:22 AM

In a deeply courageous moves of non-violent civil disobedience to stop the destruction of People’s Park, Berkeley community members are sitting and moving beneath heavy equipment suspended from cranes trying to install surveillance lighting.

Non-Violent Civil Disobedience to Stop Construction on People’s Park, Early morning August 3, 2022
Non-Violent Civil Disobedience to Stop Construction on People’s Park, Early morning August 3, 2022
Non-Violent Civil Disobedience to Stop Construction on People’s Park, Early morning August 3, 2022

Construction industry with police aid destroys People’s Park, August 3, 2022, an act of profound and long lasting damage to the Berkeley community. This opportunistic profiteering for the few, despite several other sites where housing could be built.

August 3, 2022, 7:32 AM

People’s Park Protectors Needed! The police are in the park with bulldozers and they have blocked off Haste and Dwight.

“If Roesch did not sign the order, then UC is in clear violation of the stay, which is actually really bad for them. The other part of this is the return of the students.  I expect that they are slowly filtering back into town. Keep up the resistance!  The more students there are around, the better it is for us.” — A long-time People’s Park contributor

August 3, 2022, 9:54 AM

The National Lawyers Guild is on site at People’s Park and was aware of 7 arrests, 3 released, and no information on the other 4. If anyone has info, please call them: 415-285-1011.

August 3, 2022, 11:19 AM

“Lawyer Phil Bokovoy says that UC has no legal authority or right to close off city streets. At any blockade of a city street you can demand that those stopping your passage show or cite their authority to stop you. If they have none you are entitled to use that street. That may be true for sidewalks also, which is where the fence is bolted down so that may be illegal also.” — A long-time People’s Park contributor

August 3, 2022, 12:38 PM

Protesters shaking the fence during destruction of People’s Park by UC Berkeley, August 3, 2022
Trees destroyed and fencing going up around People’s Park, August 3, 2022
Trees destroyed in Northeast corner of People’s Park, August 3, 2022

August 3, 2022, 1:13 PM to 1:22 PM

Note: This post will have ongoing updates. Last updated 1:52 PM August 3, 2022


Video and photos note: Please document the activities in the park, police, fencing, etc. This is a historically significant event. When documenting activities in the park with cell phone video cameras, please turn the camera horizontally before recording for better video and photos.

Update on legal action to protect People’s Park, July 21, 2022

The First Appellate Court with the help of the People’s Park Historic District Advocacy Group has just taken down another of University of California’s (UC) attempts to take the park. On Friday, UC had asked Judge Roesch for permission to erect a fence around the park and Roesch denied them, saying I’Il see you both in court on July 29, 2022.

Well, UC was back with another complaint on Saturday demanding an expedited rehearing or Motion to Remand and saying they were improperly denied their request for a bond to cover increased construction cost incurred by the stay.

Today the First Appellate court said: NO REHEARING OR REMAND, and NO BOND. Their order instructed our team to file a response to UC Motion to Remand by August 3rd. We may see that response sooner than August 3rd. Remember the trial on the merits is July 29, 2022.


Letter from David L. Axelrod, Attorney for the Petitioners

July 21, 2022

To:
The PEOPLE,
PEOPLE’S PARK COUNCIL,
MAKE UC A GOOD NEIGHBOR, and
People’s Park Historic District Advocacy Group

Blurb – For Immediate Release

Re: Make UC a Good Neighbor, et al. v. City of Berkeley, et al., and U.C.

The above-referenced case started out as a Petition in Alameda Superior Court by People’s Park advocacy groups for a Writ of Mandate against Berkeley City Council, the Mayor, and the City itself, for violation of the Ralph M. Brown Act by the City’s adoption of a secret sell-out agreement with the University of California (UC) in violation of applicable California open-meeting laws.

Soon thereafter, the Court, by Judge Frank Roesch, expanded the action to include the University of California (UC), and later permitted or encouraged causes of action against UC for breach of contractual agreements with People’s Park representatives, namely the People’s Park Council and People’s Park Project/ Native Plant Forum.

As of today, July 21, 2022, in ruling on the City’s Demurrer, Judge Roesch has thrown out the Petition against the City, while the Complaint against UC remains intact. In doing so, Judge Roesch declined to enforce Berkeley’s Measure N, and also concluding that Berkeley’s Measure L does not apply to People’s Park. On behalf of the Petitioners, we argued that the City Respondents have violated Measure N by surrendering to UC, rather than upholding applicable laws, including the California Environmental Quality Act (CEQA) and Measure L, which expressly applies to all “vacant public land . . . used de facto as open space . . .,” whether or not owned by the City.

Judge Roesch also ruled that the Petitioners had failed to file a government claim within six (6) months of the City’s wrongful act. On behalf of the Petitioners, we argued that The Government Claims Statute does not apply to our Petition for Writ of Mandamus, which simply seeks a stay, declaratory judgment, and other equitable relief, rather than being a claim for monetary damages resulting from foreseeable losses that have not yet actually occurred.

Judge Roesch also ruled in favor of a Motion to Strike large segments of the amended Petition, even though the Motion had been untimely filed five (5) days after the deadline approved in a Stipulation of the parties and an Order of the Court.

Robert Perlmutter, attorney for the City, tried to keep the City in the case as a “real party in interest,” but the Court denied this request. Accordingly, the City Respondents are now totally excluded from this case.

The only question is whether to appeal now, based upon the dismissal of all causes of action against the City entities, or to appeal after final judgment is entered in the case in chief. The only remaining now is the Defendant UC. This lawsuit, like People’s Park itself, appears to be hanging by a thread at this time.

As requested by the Petitioners, Judge Roesch did properly take Judicial Notice of the Stay Order issued by the Court of Appeal in a closely-related CEQA case, temporarily preventing destruction of the Park by UC. But he also stated that the Order was “irrelevant” to the Demurrer. Perhaps a similar order, but broader and longer lasting, can be sought in what is the newly revamped and evolved iteration of our case at law aiming to save the Park.
May 1000 parks bloom!!

For Plants and Peace,

DAVID L. AXELROD,
Attorney for the Petitioners,
PEOPLE’S PARK COUNCIL,
MAKE UC A GOOD NEIGHBOR, and
People’s Park Historic District Advocacy Group

On People’s Park, Democracy, and Politics

by Memory
Saturday, June 25, 2022, 5:46 PM

Berkeley city council-member Rigel Robinson released a recent article championing the UC’s proposed redevelopment project on People’s Park. This article was accompanied with a statement from council-member Lori Droste’s legislative assistant. The statement compared People’s Park activists to the January 6th insurrectionists.

PART 1:

(https://www.berkeleyside.org/2022/06/23/opinion-how-berkeley-is-housing-the-people-of-peoples-park)

Berkeley council-member Rigel Robinson released an article centered around the need to redevelop People’s Park for support programs and housing. He praises the UC and city council (including himself) for this grand act of charity. However he doesn’t make a strong case as to why these services have to be built on People’s Park. The buildings of UC’s Anna Head complex (directly one block north from People’s Park) are falling apart. They are unsafe, and costly to maintain. Over the past 2 years, this complex has had 4 fires. Why couldn’t this site be razed, and replaced with the proposed new housing complexes? Why not tear down the UC’s Crossroads cafe, and replace it with a dorm? Why not introduce a new dorm in the core part of campus? Could the supportive housing project be built at the eastern edge of Ohlone Park, across the street from the North Berkeley senior center. This would place the building closer to BART, the library, city college and other civic services. (Ohlone Park is significantly larger than People’s Park. A building would fit there with less impact). These are just a few examples to show other other options exist.

This redevelopment project is politically tied to the conquering of People’s Park. It is not a case of the government acting purely for the sake of the greater social good. This development project is conditional to once-and-for-all stamping out a hub of social rebellion and social experimentation. The city could have built a new supportive housing and services hub on the former Telegraph Avenue location of C.I.L. (Center for Independent Living). It was a perfect opportunity the city passed on. Now the location is market-rate housing. The city didn’t care about supportive housing then, because it didn’t achieve the same political goal that building on People’s Park achieves.

The council-member refers to People’s Park as a “a gathering place for [the] unhoused”. Opponents of maintaining People’s Park as a 2.8 acre open space in South Berkeley, often will insinuate (or outright say) that the only people who use the park are homeless. This is factually untrue. Pre-pandemic, the majority of people who visited the park were not unhoused. The park was a refuge for houseless people, but most people who came to the park had places to stay at night. Most of these people came to the park for social reasons, to garden, to play chess, to use the basketball hoops (often students), to grab a free meal (Food Not Bombs), or to vibe (sativa, indica or hybrid). It is a fact that when the pandemic hit, the population shifted more towards the unhoused, as the park became a place where activists and service providers could coordinate mutual aid response for the unhoused. However, pre-pandemic the park was more economically and socially diverse.

Rigel calls People’s Park an “ungoverned space”. There is a truth to this, but the council-member fails to criticize the institutions who walked away from their responsibilities to manage park operations. Robinson seems to place the blame on activists and park preservationists. A decade ago, the UC disbanded the People’s Park Community Relations commission. There was a promise to reinstate the board, with new members and a new focus on community partnership; it was never reinstated. The UC’s main presence in the park is it’s police department, not it’s College of Natural Resources, nor the school of social welfare.

The UC Police had no real oversight, which resulted in systemically abusive behavior that drove a rift between park advocates and the university. Officers would humiliate people with mental-health disabilities. UC police would sporadically harass people handing out food. The department would actively intimidate people who dared to tend to the garden. More egregious behavior by UC police officers over the decades has included: excessive use of force, physical abuse, and at least one known case of an officer with substance-abuse issues shaking down people for drugs.

The city is also responsible for People’s Park being an “ungoverned space”. The city used to lease the park, and co-manage the park with the university. The city broke any commitment it had to People’s Park. There was at one point, many years ago, a plan for the UC to sell People’s Park to the city for one single dollar. However, the state government doesn’t permit any piece of university land to be sold for below market value. The state would not make an exception for People’s Park.

Rigel also wrote: “Changing anything at the park has been a political third rail… for decades”. The only changes that the UC attempted to make to the park did not include input from the People’s Park community. This lack of communication, and lack of community partnership lead to tensions. Most infamously, in 1991 the university had a plan to tear down the free-speech and concert stage, and replace a large swath of the open field with 2 sand-volleyball courts. This was not a concept developed though community discussions. When people protested the changes, UC police shot at people with wood slugs and rubber bullets — an action which only escalated tension. After being erected, the sand-volley ball courts weren’t even used, and the UC itself took them down. (Ironically, the UC would 20+ years later tear down another sand-volleyball court on the north side of campus. This court was popularly used by students and faculty.)

A little over a decade ago, the university once again proposed tearing down the People’s Park stage. A new stage was proposed, but the UC stipulated that the park community could not rebuild it. The old stage was built and donated by activists. The UC wanted the new stage to fully be university property. The new stage would also be more restricted in terms of use. As in 1991, the university made the mistake of not collaborating in a community partnership. The old stage remains.

Rigel says that park has been “frozen in time” since the park protests of 1969 and 1972. That is completely untrue. In 1974, an organic gardening course was created by university students. That same year, a project was started to plant California native species. In 1979 the first iteration of the stage was built, and a vegetable garden on the west end of the park was established. In 1984, the slide and swings were brought into the park. In 1989 the Catholic Workers brought in a trailer to serve as a cafe, which later was towed away by UC police. In 1991, Food Not Bombs began delivering food into the park. In subsequent years in the later 90s, the 2000s and the 2010s, planter boxes and garden beds have come and gone, various plants swapped in and out by various gardeners. More benches were created. There’s been concerts held by various organizations, including UC student groups.

Part II:

(https://www.berkeleyside.org/2022/06/23/opinion-how-berkeley-is-housing-the-people-of-peoples-park#comment-5896527980)

Eric Panzer is the is the legislative assistant of Berkeley council member Lori Droste. He attached a statement to Robinson’s article. He asserts that advocacy for preserving the openness of People’s Park is anti-democratic. He makes an insulting, and ridiculous comparison between Park activists and the January 6th insurrectionists.

The UC is not a democratic institution. For decades, there has been a call to democratize the UC regents. In 1993, the Committee for a Responsible University proposed that half the UC regents should be chosen by California voters through electoral process. The Presidency of the UC is not democratic. When criticism was raised about former Homeland Security Chief Janet Napolitano (who had no experience in the field of higher education) being chosen as UC President, there was no direct democratic action available to stop her appointment. Likewise, the respective chancellors of the different UC campuses are not democratically elected.

Any comparison to People’s Park advocates and the January 6 insurrectionists is insulting and stupid. The Jan 6th insurrection was planned in part by the Proud Boys. While founded in the state of New York, the Proud Boys came to prominence during a series of rallies known as the Battles of Berkeley. During one of these rallies, the Proud Boys marched from Sproul Plaza down to People’s Park for the purposes of threatening people there. The advocates of People’s Park were in direct opposition to the Proud Boys, Patriot Prayer, and the Alt-Right in general.

To follow Panzer’s argument, any protest against any government agency or institution, is tantamount to insurrection and advocacy for fascist dictatorship. Any past or future protest against the University of California, according to Panzer, is treason. The Memorial Oak Grove protest, the Occupy Cal encampment at Sproul Plaza, or any of the numerous building sit-ins that occurred in the 2010s were all acts of conservative fascism by Panzer’s definition. The only true progressive act is to not protest against authority.

The redevelopment of People’s Park is being challenged in court. In part, that is why the UC hasn’t sent in the riot police to shut down the park. Access to the courts is part of the democratic process, and a fundamental freedom. As for direct action on the ground, that too is part of democracy. People have the right to assembly, and the right to take a stand. The UC itself set rules on engaging protest encampments, after the police violence against Occupy Cal. It remains to be seen if the UC follows their own regulations, or if they shut down the park with a burst of extreme violence.

Lori Droste’s assistant wrote: “the Park’s supposed boosters foisted a policy of malignant neglect upon the Park”. This is a dishonest assessment. The neglect has come from the university, the city and the state government. Park advocates for years been the people trying to keep the park from falling apart. They have maintained the plants, and other aspects of the park infrastructure and amenities. They have demanded that the sick, the downtrodden and the destitute be given assistance by the government. It is the government that has ignored these pleas for years, only now to respond on the condition that People’s Park be redeveloped. This bargain is manipulative, dishonest, and uses the needy as pawns in a political game for the purpose of greatly disrupt activism in Berkeley and on campus.

Part III (Conclusion):

The debate is being presented as a false dichotomy. Either the redevelopment plan goes through, or the park’s current conditional state is maintained. In truth, there are other options. Housing and supportive services can be built elsewhere, and there can be a commitment to improving the park through community partnerships and mutual communication.

Another option is compromise, for those who are willing to explore such a path. Perhaps the supportive housing and a service center gets built on People’s Park, and the dorm gets built elsewhere. This puts a new building on site, but leaves more of the open space available for gardening and recreation.

Park advocates aren’t happy with houseless people needing to find refuge in the park. Park advocates aren’t happy with people with ailments going untreated. Yet, Robinson and Panzer are presenting a fallacy that advocates are fighting for this to be the status quo. They insinuate that people are advocating for the continued suffering of others. Their arguments are disgusting at their core, and don’t reflect the type of mutual aid and advocacy that activists in People’s Park have had to offer out of compassion and necessity.

( This article was originally published on IndyBay.org : https://www.indybay.org/newsitems/2022/06/25/18850696.php )

Project Roomkey – An Independent Review of Abode Services and the Rodeway Inn, Berkeley, California

A new report has been released, and is a comprehensive analysis of the living conditions and grievances of unhoused residents currently and formerly occupying the “Rodeway Inn” hotel.

This is the introduction, and the full report can be downloaded here:
https://www.peoplespark.org/wp/wp-content/uploads/2022/05/Project-Roomkey-Review-of-Abode-and-Rodeway-v.1.3.pdf

The Rodeway Inn is located at 1461 University Ave. In Berkeley California. The age of the building is unknown at this time. Rodeway Inn is currently operated under “Project Roomkey” a series of transitional living facilities whose program offers individual or shared rooms to chronically homeless individuals for a limited time until permanent supportive housing can be secured.

Project Roomkey is a program initially funded by the State Of California through intermediaries such as Alameda County. However, since 2020 most if not all funding is provided by The Federal Emergency Management Agency (FEMA).

In its current form the Rodeway Inn Project Roomkey program is managed by local non-profit and contractor “Abode Services”. Abode operates several hotel and alternative shelter programs in the area as well as offering other homelessness services including outreach and housing case management in Alameda County. While Abode is currently contracted through Project Roomkey, recent developments (including a consent calendar item introduced at a recent Berkeley City Council meeting*) have shown that in coming months the Rodeway Inn program will be financed by the City Of Berkeley and UC Berkeley respectfully.

“Where Do We Go Berkeley”(WDWG) is a non-profit advocacy group based in Berkeley CA. WDWG has been in contact with the Rodeway Residents in question for over 3 years in several collaborative and supportive capacities. WDWG was instrumental in ensuring the placement of most residents by coordinating with “Lifelong Medical Street Medicine Team” who managed hotel referrals during the eviction of “Seabreeze” and “Ashby Shellmound” encampments. It is for this reason that WDWG carries the responsibility of ensuring that all who entered this Project Roomkey site are allowed the same rights and respect that any housed individual would be entitled to.

Almost immediately after unhoused residents from the I-80 Corridor were placed at Rodeway Inn, WDWG began receiving numerous complaints of misconduct and mistreatment regarding Abode staff. WDWG is bound by its mission statement and organizing documents to take each complaint it receives seriously and to attempt negotiation and advocacy for remedies that would be satisfactory to the complaining party. To that extent, WDWG feels ignoring or dismissing complaints would make them complicit and liable for any injury that may occur to their clientele during participation in a program such as “Roomkey”.

Contained in this report is a series of findings and recommendations. Some findings are based on declarations made by Rodeway Inn residents while others were witnessed directly by members of Where Do We Go Berkeley. Because of the discrimination inherent in homelessness issues, WDWG is inclined to believe allegations made by residents unless clear evidence can be provided that shows otherwise. While not all allegations have been submitted to Abode through their official grievance policy, most if not all issues have been expressed to staff and management at various times.

Project Roomkey – An Independent Review of Abode Services and the Rodeway Inn, Berkeley, California
Where Do We Go Berkeley
Telephone: 510-570-8026
Email: wheredowegoberk@gmail.com
Web: www.wheredowegoberk.org

Download the report:
https://www.peoplespark.org/wp/wp-content/uploads/2022/05/Project-Roomkey-Review-of-Abode-and-Rodeway-v.1.3.pdf

Rally and Noise Demo: Tuesday, June 29, 2021, 6 PM, Berkeley City Hall

We’re gathering together people for one last Noise Demo on Tuesday June 29.

RALLY AND NOISE DEMO

Berkeley City Council is voting on the annual budget this week. Together we are telling them:

NO to UC Berkeley’s plans to destroy affordable housing and green space at People’s Park and 1921 Walnut street to build expensive student dorms!

NO to an increased municipal police budget while poor and working people are still lacking basic services!

Tuesday June 29, 2021, 6 PM, Berkeley City Hall

Hope to see you there!