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PRESS RELEASE – People’s Park Teach-In at UC Berkeley on February 26, 2024

For Immediate Release
Contact: Harvey Smith, peoplesparkhxdist@gmail.com, 510-684-0414

“What’s Going On?”

A Teach-In on People’s Park

7-9 p.m., Monday, February 26, 2024
Maud Fife Room – 315 Wheeler Hall, UCB

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.

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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)

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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

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Opinion: Breaking the impasse on People’s Park

This statement is published at:
https://www.berkeleyside.org/2023/01/10/opinion-peoples-park-student-housing-alternate-site

We suggest UC Berkeley commence construction of the student and supportive housing planned for the park on an alternate site as soon as possible.

By Shirley Dean and Gus Newport
Jan. 10, 2023, 8:01 a.m.

Although UC Berkeley has stated it wants to build 8,000 student housing beds as soon as possible, the university has picked a site, knowing it would be vigorously opposed, and now has caused months of delay. We suggest it commence construction of the student and supportive housing planned for People’s Park on an alternate site as soon as possible. Indeed, UCB has identified up to 15 alternative sites.

The National Register of Historic Places has recognized the value of People’s Park. The park has an over half-century legacy of cultural events; town, gown and political events; a biosystem of flora and fauna; a surround of highly significant architecture; and a role as an everyday community recreation site.

UC has been defeated in the courts in many of the California Environmental Quality Act challenges to its campus development plans. These court decisions have made it clear that UCB is not doing an adequate job of identifying and mitigating the impacts of its development in Berkeley.

Additionally, UC’s reckless demolition of most of the historic trees in People’s Park on Aug. 3 has threatened a key element of the HUD funding for the supportive housing portion of the project due to the lack of agreement to do the required federal environmental review, thus putting that project in jeopardy.

UCB’s almost 50% increase in enrollment (almost 15,000 students) means that the Southside of Berkeley desperately needs the open space of People’s Park. Based on the city’s recent population growth, concentrated in the areas nearest the campus, and the city’s standard of 2 acres of park and open space per 1,000 residents, the Southside neighborhoods need approximately 18 acres of new, accessible open space.

City planners agree increasingly dense urban areas need more parks, not fewer. Furthermore, the park is needed as a shelter during earthquakes, fires and pandemics – Berkeley will face them all again.

Now is the time to develop a feasible plan of action based on cooperation between the state, the University of California and Berkeley residents who host its flagship campus.

The park’s future should include proper maintenance, user development, and interpretation to provide Berkeley residents and visitors with information on all aspects of People’s Park — Berkeley’s incredible architectural legacy and the political and cultural history of activism on the Southside. Like other parks, it should become a welcoming recreation resource for anyone in the community – housed or unhoused city residents, students, and visitors of all backgrounds and income levels.

Both the city of Berkeley and UC Berkeley celebrate the Free Speech and Sixties history of the Telegraph Avenue corridor. It is an asset to the city and the university and draws visitors from around the globe to Berkeley. Preserving and enhancing the park can only add to its value as a treasured Berkeley attraction.

With the park’s permanence assured, its future could evolve in collaboration with the People’s Park Council, the long-standing consensus-based group of stewards and advocates for the park, with California Indian tribes, and with a land trust or conservancy. Financing for this vision could be through federal or state funds for parks.

Whatever future model is adopted for People’s Park, it is clear that the plan to destroy the park and the possibility of continuing conflict between park users and the university are neither desirable nor inevitable. Community members can develop a partnership with an enlightened public agency to preserve and enhance People’s Park in a way that honors its culture and heritage and provides valuable open space for the Southside neighborhood. With goodwill and hard work, this future is possible.

Shirley Dean and Gus Newport are former mayors of the city of Berkeley.

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Briefs and Replys in the Legal Efforts to Protect People’s Park

Appellants Opening Brief – filed 2022-09-06.pdf
https://www.peoplespark.org/wp/wp-content/uploads/2022/10/Appellants-Opening-Brief-filed-2022-09-06.pdf

Respondents Opposition Brief – 2022-09-26.pdf
https://www.peoplespark.org/wp/wp-content/uploads/2022/10/Respondents-Opposition-Brief-2022-09-26.pdf

Lippe Rebut UC Reply – filed 2022-10-06.pdf
https://www.peoplespark.org/wp/wp-content/uploads/2022/10/Lippe-Rebut-UC-Reply-filed-2022-10-06.pdf

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Memorial Tree Planting in the Park for our friend & comrade Dickie Haskell, Sunday, August 28, 2022

Memorial Tree Planting in the Park for our friend and comrade Dickie Haskill Sunday:

Aug 28th on the Dwight Street side. 

10 AM: meet up and preparations

11 AM: Circle up and planting

Bring a photo, a story, art, food, a song to share, and/or just your lovely self ready to create a little area where folx can be and remember our dear friend. We have a peach tree donated. Other seeds, plants, art, etc most welcome to bring!

We can send notes, art, pics to his mother.  We can record stories for his brother which can be e-mailed. There will be a Memorial in around a week in Virginia. We can have a lil’ gathering of local friends.

We “Lovin You” Dickie!!!

💜Elisa

PS: This is improv, no structure to it. Maybe just go around the circle, anyone sharing what they wish. Holla if U wanna collab, have ideas, visions. Thank U!

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Response to Chancellor Carol T. Christ’s August 15 message to students about People’s Park

In the dead of night, UC moved on the park — barricading city streets, blocking access to sidewalks, and fencing the park. Protected by riot police, heavy equipment was brought in. Peaceful protesters sat in front of that equipment to keep the park open and prevent further deforestation of the trees, which UC last did in 2018. People peacefully demonstrated against the heavy machinery and destruction of the trees. They had already witnessed the changing climate in the park after much of the east side forest was demolished by UC just a few years before. Students — of UC Berkeley, local colleges, and high schools — and other community members, including Berkeley neighbors and former residents of the park were outraged by the violent closure and destruction of this community resource.

The university has presented the project as an all-or-nothing: either people will sleep in squalid conditions on the street, or they will build housing on the park. This is a false dichotomy. The park is a vibrant community center, park and recreation space — one of the few accessible and open to everybody, including the poor who suffer within a rapidly gentrifying East Bay. Hundreds of people use the park daily, gathering to play basketball or music, to share food, and community. None of these resources are preserved in the university’s plans, which would turn our park into a sterile dorm lawn. Maximo Martinez Commons is a courtyard just one block north and similar to the one proposed for People’s Park. When was the last time you or your friends used that space?

We need People’s Park to remain a community-run, user-developed and user-defined park. That is why dozens of community groups — such as the Berkeley Student Cooperative, the largest non-profit provider of affordable student housing in the city — stand with People’s Park in opposition to the university’s plans. Homeless advocacy groups such as Consider The Homeless, Berkeley Outreach Coalition, Suitcase Clinic, Berkeley Free Clinic, Berkeley Copwatch, and others stand in solidarity with the park defense.

The UC Regents actually refused Capital Strategies’ attempt to have a $53 million contingency fund available for crowd control, and unforeseen relocations of new residents, and other circumstances in the demolition of People’s Park. Those millions could instead be spent acquiring land for supportive housing sites right in Berkeley, or adding additional housing on a site recommended by the Chancellor’s Housing Commission. And what about the Ellsworth garage, equally close to campus, which has to be demolished due to earthquake danger? In their survey not long ago, 92% of undergraduates did not rank People’s Park as their top site for housing development. If building housing was the university’s top priority, they could have already begun construction on a different site equally close to campus.

Over decades, the UC has approached the park with malice and destructive intent. In spite of this, people have stewarded the land and grown more gardens, community, and lifelong relationships. For 53 years, every time the fences have gone up, they’ve come down! People’s Park is not just some empty real estate lot. People’s Park remains a user-developed park, open for everyone to gather, host events, or hang out and have lunch. Nothing has changed. Come out and see for yourself. We will rebuild once again. Help repair the park according to your own desires. Re-connect with the land!

— People’s Park Council (PeoplesPark.org)

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Osha Neumann on The Visionary Activist Show – “Demand the impossible, defend People’s Park!” August 18, 2022, 2:00 PM on KPFA.org

“Demand the impossible, defend People’s Park!” A rousing exhortation, by Osha Neumann, whom Caroline Casey hosts this hour: The tale of People’s Park in Berkeley – 1969 to now… humming…in ardent pertinence to our plight… Devastation into which flows Community Participation; destruction makes its move again, again – the garden roots and bloom and here we are. Honoring Parks…

Listen live or download the podcast: https://kpfa.org/program/the-visionary-activist-show/

Related stories:

A People’s History of People’s Park and Telegraph Avenue – Mural Rededication Ceremony 2018
https://www.youtube.com/watch?v=Tt9lM55nq1Q

Osha Neumann, attorney for the disenfranchised, retires
https://www.berkeleyside.org/2022/02/07/osha-neumann-retires-civil-rights-lawyer-homeless-peoples-park

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People’s Park destruction by mobsters UC Berkeley and cohorts, in photos

Many types of businesses are involved in the sociopathic mobster destruction of People’s Park in their quest for profits off of students and their families at UC Berkeley : construction, automobile, architecture, parking, restaurants, clothing stores, UC Berkeley staff, faculty, grounds services, and administration, energy, cell phone, and more. Predatory capitalism creates dystopia. Beloved People’s Park, the trees, the beautiful outdoors, the user developed community and cultural gathering place, the community gardens, the performance stage, the grassy field, the urban forest, the basketball court, the picnic tables, a family gathering place, a National Historic Landmark of the free speech movement and anti-war movement, is an open green space, an oasis in the crushing din of automobiles, motorcycles, incessant consumerism, the stupidity of asphalt suffocation, the oversized houses and parking lots.

Photos taken August 16, 2022.