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.

Legal updates and Letters to Governor Gavin Newsom and Senator Nancy Skinner, August 5, 2022

August 5, 2022

The First Appellate court ordered today a temporary stay against all construction, further demolition, tree cutting, and landscape altering activities, unless such landscape alterations are necessary for public health and safety reasons. Their order included that our request for a stay on the erection of a security fence was denied, meaning UC can legally erect a security fence. The court said the temporary order is to give them time to review the petition for writ of supersedeas that our attorney filed yesterday at 1 PM. The temporary stay does not affect or extend to activities at Anchor House. The court also deferred any decision on UC’s request that Make UC a Good Neighbor and People’s Park Historic District Advocacy Group post a bond as UC is requesting to cover the increased cost of construction they claim are incurred by this delay. In addition the court ordered that before the parties bring and disputes about the scope of this temporary stay they meet and confer to attempt to resolve such disputes.

August 3, 2022

Our lawyer filed a request for a Writ of Supersedeas at about 1 PM August 3, 2022.. 

The actual wording is:
Petition for Writ of Supersedeas and request for immediate, temporary stay; Memorandum of Points and Authorities; exhibits filed separately
Immediate, temporary stay requested by 3 PM on August 3, 2022; staying demolition, tree cutting, landscape alteration and construction at People’s Park.

A rally and march was held at Sproul Plaza at 5 PM, August 3, 2022. Details to come. 

The university has committed several illegal operations today. Among them are towing the cars legally parked on Haste and Dwight and closing off the streets surrounding the park. The City of Berkeley can not, and did not, relinquish their jurisdiction for those streets to UC. When stopped by an agent (police or security) ask for evidence that they have been granted authority to close the street. When they can offer none you have the right to pass through. Be safe, of course.

Donate: Support the legal actions to save People’s Park with a Venmo or GoFundMe contribution


Letters to Governor Gavin Newsom and Senator Nancy Skinner from Attorney David L. Axelrod

August 3, 2022

To: GOV. GAVIN NEWSOM,
Office of the Governor,
021 O Street, Suite 9000,
Sacramento, CA 95814
Re: DEMAND TO SAVE PEOPLE’S PARK, BERKELEY, CALIFORNIA

Dear GOV. NEWSOM:

Hello. I need to speak to Gov. GAVIN NEWSOM immediately, in order to seek prompt action for the protection and preservation of PEOPLE’S PARK in Berkeley, California, a designated historic landmark. I spoke with Gov. NEWSOM a few years ago about this issue, in Sonora, California, while he was still Lt. Governor.

The threat of the PARK’S destruction by UC Berkeley administrators, police, agents and contractors is now ongoing and urgent. Native specimen trees are being sawed down and community gardens are being ripped up, even as I speak. Please respond ASAP.

THANK YOU.

DAVID L. AXELROD,
ATTORNEY for PEOPLE’S PARK COUNCIL,
PEOPLE’S PARK HISTORIC DISTRICT ADVOCACY GROUP,
and MAKE UC A GOOD NEIGHBOR
1714 Canyon Terrace Lane, Folsom, California 95630


August 3, 2022

To: Sen. NANCY SKINNER,
Capitol Office,
Sacramento, CA 95814

Re: DEMAND TO SAVE PEOPLE’S PARK, BERKELEY, CALIFORNIA

Dear Sen. Skinner:
Hello. I need to speak to you immediately, in order to seek prompt action for the protection and preservation of PEOPLE’S PARK in Berkeley, California, a designated historic landmark. I have spoken with you about this issue many times, in Berkeley, California, including during the period while I served as your appointee to the Berkeley Parks & Recreation Commission.
The threat of the PARK’S destruction by UC Berkeley administrators, police, agents and contractors is now ongoing and urgent. Native specimen trees are being sawed down and community gardens are being ripped up, even as I speak. Please respond ASAP.
THANK YOU.

DAVID L. AXELROD,
ATTORNEY for PEOPLE’S PARK COUNCIL,
PEOPLE’S PARK HISTORIC DISTRICT ADVOCACY GROUP,
and MAKE UC A GOOD NEIGHBOR
1714 Canyon Terrace Lane, Folsom, California 95630

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 )

TELL CHANCELLOR CHRIST: HANDS OFF PEOPLE’S PARK! Rally and Speakout: Monday June 6 at 12 noon

TELL CHANCELLOR CHRIST:
HANDS OFF PEOPLE’S PARK!
Rally and Speakout
Monday June 6 @ 12noon
California Hall, UC Berkeley

The Regents of the are preparing to invade and destroy People’s Park by mid-June and we call on our community to RESIST! We call on all people who value Open Space, Free Speech, User Development and the right of our community to exist to tell Chancellor Christ that we will defend People’s Park against this corporate University takeover!

JOIN US! Now is the time to challenge the Regents for their part in creating the current housing crisis in Berkeley! Now is the time to fight for our history and our future!

Sponsored by the Peoples Park Council
www.peoplespark.org

ALL are welcome to speakout!
Speakers include activists, lawyers, students, community members and park residents.
We must unite to fight.

EMERGENCY ALERT:
TEXT “SAVETHEPARK” TO 74121

Download this as a printable 8.5 x 11 inch PDF flyer.


For Immediate Release  
June 1, 2022

Contact:
Joe Liesner 510-542-3112
Max Ventura 510-900-1160

*********ATTENTION NEWS EDITOR*********

RALLY AND SPEAKOUT
TELL CHANCELLOR CHRIST: HANDS OFF PEOPLE’S PARK!

People’s Park Council is hosting a rally and speakout for groups and individuals who oppose UCB’s plan to destroy People’s Park. DEMAND OPEN SPACE!

The situation is increasingly urgent as UC administration and the City of Berkeley make plans to suppress community opposition to the impending invasion of People’s Park. Tensions are rising as deadlines and rumors of deadlines circulate through the park. The placement of large dumpsters in the park; the opening of the new Rodeway Inn specifically for the residents of People’s Park and anecdotal accounts of police warning campers that it is “illegal” to trespass, all indicate that the UC will attempt to take the park soon. Despite the fact that just this week the park was placed on the National Register of Historic Places, decades after it was named a City of Berkeley Landmark, UC is amassing its forces to attempt take People’s Park once and for all.

Our opposition is to the construction of ANY housing on People’s Park no matter who it is for. While the pandemic emergency required that we use public places to respond to an emergency, People’s Park is meant to be a place for all people. We all need open space and a place to be.

For the sake of the climate, for our health which depends on green spaces and trees for good air quality, for the sake of our mental health, and for the sake of our children who by nature need to have open space to explore and grow. For the sake of our history and the movement that not only built People’s Park, but also made Berkeley known internationally. We must prevent needless desecration of that sacred space. The University community and administration need to honor our rich tradition of resistance and let People’s Park remain as a community park.

Our history AND our future depend on People’s Park.

WHO: People’s Park Council
WHAT: Rally and Speakout
WHERE: California Hall, UC Berkeley
WHY: To protest UC occupation of the park
WHEN: Monday, June, 6, 2022 at 12pm

More information: www.peoplespark.org

Bathroom faucets and public health needs an upgrade at People’s Park

The city didn’t even bring in porta potties until I believe it was July and their handwashing stations, not only at People’s Park, but at Civic Center Park, most often have no water or soap, or paper towels. The city never brought in Sharps containers, and in their recent propaganda, UC refers back to there being a Sharps slot at the bathrooms, but during 2020 the bathrooms often were not opened until later in the day, and sometimes not at all, and no one was in the office so there was no way for the container to be checked or replaced. The Berkeley Free Clinic provided Sharps containers that were placed in the porta potties loose in spite of our calls for the city to strap them onto the outsides to increase the probability that more people would use them.

Months ago, the porta potties were moved to Dwight Way so now users, if they don’t see Sharps containers in the porta potties will 1) throw on the floor of the porta potties; 2) throw needles into the toilet making it hard for upkeep; 3) throw them on the ground outside. Do we think a user is going to walk across the park to place needles into the slot at the bathrooms? I don’t.

So the city and UC have had plenty of information shared by me on behalf of the group, and Sheila who spread information widely.

In this video, I went into detail about how the sinks, certainly, are inaccessible, but the lack of any reasonable upkeep of the bathrooms over the years makes using the bathrooms actually not truly accessible for people in wheelchairs or using walkers. Most often there is no toilet paper and there certainly are no seat covers. It’s disgusting. Soap? Not for years except when volunteers provide it, and their soap dispensers are too high for accessibility anyway. The hand blow dryer is too high but in reality often is broken down for long periods anyway. Locks on the bathroom stall doors are not able to be used by many with disabilities affecting hand and finger use while there are perfectly well-known options that allow for flipping a handle over.

UC and the city have failed the most vulnerable in the Berkeley, and UC has taken a park which was created for everyone’s benefit and made sure the bathrooms are not accessible to those who may have the most challenging needs in a bathroom setting. This in a city which was central to the beginnings of the Independent Living Movement and the creation of the ADA, the Americans with Disabilities Act. Shameful.

–– Maxina Ventura

Presentation by People’s Park Historic District Friday, August 27, 2021, 6–9 pm, Canessa Gallery, San Francisco

Last Friday two lawsuits were filed in Alameda County Superior Court against UC Berkeley and the UC Regents. Two community groups and AFSCME Local 3299 are challenging the impact of growth plans of the university. Previously another filing was done on the Berkeley City Council’s violations of the Brown Act, in formulating and adopting the City’s recent secret “settlement agreement” with the University of California.

The evening’s panel will discuss both legal and community organizing actions to stop implementation of UCB’s Long Range Development Plan (LRDP), a plan that seeks to destroy People’s Park and other irreplaceable neighborhood and community assets in Berkeley.

Panelists include historians, preservationists and activists – Charles Wollenberg, Lesley Emmington, Carol Denney, Joe Liesner and Harvey Smith.

The exhibit includes photographs, art work, posters and memorabilia from over 50 years of spirited community involvement in preserving the irreplaceable open space of the park.

People’s Park is at the center of sixteen other officially recognized city landmarks, which collectively are a de facto historic district. They represent the heritage of the 1960s and the larger theme of a century of town/gown relationships. Berkeley became a major target of the New Right conservative backlash with Ronald Reagan promising to “clean up the mess in Berkeley.”

UC’s plans also threaten three historic buildings, including a rent-controlled apartment building, in another project funded by an anti-rent control developer.

The university has exceeded its agreed enrollment limits, creating enormous housing displacement throughout the city. The university has responded to years of state budget austerity by monetizing its public assets in a corporate-like growth that has also become a drain on city resources.

UCB proposes to cover People’s Park with a 17-story concrete monolith, probably to be erected by a private housing firm that will profit from student occupants. This would destroy both a historical and cultural legacy and much needed open space when reasonable alternatives are available.

If Berkeley all but invented the sixties, surely the city and its university should be able to commemorate that decade by preserving People’s Park as the heart and soul of a vital historic district.

Presentation by People’s Park Historic District
Friday, August 27, 2021, 6–9 pm

Canessa Gallery
708 Montgomery Street, San Francisco

Masks and Covid vaccination required.

For more information, contact Harvey Smith at 510-684-0414.

Sponsored by the People’s Park Historic District Advocacy Group.

People’s Park and Neighborhood Groups Challenge UC’s 2021 LRDP

In a lawsuit claiming the nearly total inadequacy of the University of California’s Environmental Impact Report (EIR) on its 2021 Long Range Development Plan and Housing Project #1 and Housing Project #2 (LRDP) a team of lawyers representing Make UC a Good Neighbor and the People’s Park Historic Advocacy Group (PPHDAG) are seeking to void approval of the LRDP and the EIR, and thereby stop all activities proposed in that LRDP. This legal action is of great importance to supporters of People’s Park since it would mean significant delays for any attempts to destroy the Park by erecting three buildings on that beloved site. It would also keep our friends at 1921 Walnut Street in their rent controlled homes for the time being.

The lead attorney in this suit, Thomas Lippe, has prevailed in two California Environmental Quality Act cases against the University of California and, because his most recent victory against UC concerned plans to build on Upper Hearst, Mr Lippe is very familiar with the 2021 LRDP. This suit wast filed on August 20, 2021 in the Superior Court of California in and for the county of Alameda.

It describes the nearly total failure of the EIR for the 2021 LEDP to adequately either describe or address the environmental effects caused by the program or projects proposed in the LRDP. Among its contentions are that the EIR fails to make required findings, fails to propose and evaluate adequate mitigation measures, fails to respond in good faith to the public comments received in response to the draft EIR, and fails to lawfully assess the LRDP’s effects on traffic, noise, air pollution, population and housing, parks and recreation, or historic and cultural resources.

This site will post any response from UC or upcoming court dates as they are announced.

— joe liesner, secretary People’s Park Historic District Advocacy Group

Donate to Lawsuit at:
People’s Park Historic District Advocacy Group
P.O. Box 1234
Berkeley, CA 94701-1234

More information at peoplesparkhxdist.org

Full text PDF:
Make UC A Good Neighbor, et al., v The Regents – LRDP Petition.pdf