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)

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.

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

For “Black” Berkeley’s Culture, The Fight For People’s Park Has A Special Meaning

by Paul Lee, historian

Those who are fighting to save People’s Park should know that it has a special meaning for “black” people, and not just those who find there a place to live safely amid nature wonders; eat free, healthy food; find clothing; get substance abuse and psychological counseling referrals; develop or rediscover the bonds of community that have always been a central part of “black” Berkeley’s culture; and help to heal their souls.

That’s because the origin of the park was memorialized in one of Marvin Gaye’s greatest hits.

As is well known, in 1967 Buffalo Springfield recorded the classic “For What It’s Worth” to make sure that the country would never forget the infamous November 1966 Sunset Strip curfew “riot,” where the Los Angeles police brutally cracked down on counterculture revelers:

‘For What It’s Worth’: Inside Buffalo Springfield’s Classic Protest Song – David Browne, Rolling Stone

Sadly, well less known is the fact that the even more infamous May 1969 National Guard-police crackdown on the young radicals who had erected and begun to develop People’s Park as a freed/free space was memorialized by Obie Benson, a member of the popular Four Tops group of Detroit’s Motown, who later gave it to his superstar colleague Marvin Gaye. This story is told here at the bottom of the page:

Detroit 67: The Year That Changed Soul, by Stuart Cosgrove, Casemate Publishers

So, the next time that you hear or sing “What’s Going On?” remember that Gaye is singing about People’s Park. Indeed, if he were alive today, he could well pose the same question to UC Berkeley and the city’s administration, and particularly to its “black” city manager!

Related link:

What’s Going On by Marvin Gaye – a YouTube video interpretation of the Marvin Gaye’s song

Restoration of the Peace Pole in People’s Park in August 2022

In August 2022, the Peace Pole has been restored to People’s Park, thanks to the efforts of Berkeley community member Aurora and local Earth Church members and members of the Berkeley People’s Park community. The Peace Pole movement was started by Masahisa Goi, who made her first Peace Pole in response to the US atomic bombing of Hiroshima and Nagasaki, and now has thousands of Peace Poles placed worldwide. See the Wikipedia article for a quick overview of the Peace Pole movement.

Local Earth church members have felt called to contribute to People’s Park at this crucial juncture, and have created a new Peace Pole to replace the one that was placed in the park many years ago by early park community members.

Below are photos of the new Peace Pole, placed amongst the piles of wood chips and logs that were recently dumped by UC Berkeley over large areas of the park, an act of disturbing violence, deeply insulting Berkeley’s park users and destroying the large areas of the park used for recreation by UC Berkeley students and the Berkeley community. This war-like destructive ‘bombing’ is met by the non-violent action of Berkeley community members restoring the Peace Pole, inscribed with the message “May Peace Prevail On Earth” in several languages.

Also included are several historical photos of the original Peace Pole, including it’s wonderful circular flower garden created by generous Berkeley volunteer gardeners, and a hand-carved totem pole that was under the large Redwood trees on the Northwest side of the park, and one of Nature’s own ‘Peace Poles’, a majestic flower stalk of the ‘Century Plant’ (Agave americana), a type of agave plant from arid climates.

— Greg Jalbert

Aurora with the new Peace Pole for People’s Park, 2022
Joe Liesner and Lisa Teague at the new Peace Pole in People’s Park, August 2022
Sunset at the new Peace Pole in People’s Park, August 2022
Peace Pole in People’s Park, July 2006
Hand-carved totem pole that was under the large Redwood trees on the Northwest side of the People’s Park in Berkeley, 2006
Nature’s ‘Peace Pole’, a majestic Century Plant (Agave americana) flower stalk, over twenty feet tall in Peoples Park, 2006

Letter from Dieter Müller-Greven, a People’s Park supporter from 1972

Dear friends of the Berkeley People’s Park,

Coming from Germany in 1972, hitch-hiking across the USA to SF, I heard about Berkeley People’s park, about the history from 1969, which was still fresh in 1972 and helped to defend the People’s Park in May 1972. I still remember vividly the demonstration on Telegraph Ave and helped tear down the fence at People’s Park.

Now I hear the UCB is still trying to occupy this historic place. Let me know if I can help in any way, may just tell you about the memories of Johnny’s Soup Kitchen on Telegraph Ave or when we blocked the streets to Oakland harbor with cars from junk yards to prevent the aircraft carrier from getting supplies so it couldn’t go to Viet Nam to bomb dikes to drown people, or about hiring a helicopter to coordinate the demonstration by FM radio from the air, or just from the all night drum players in front of the student union building, etc.

Maybe there is a historic archive about this half century lasting fight for the park.

I wish you all good luck to keep this place in the hands of the people and turn it into a historic monument, with just grass and trees, benches and playgrounds. No concrete, no houses.

Take care,
Dieter Müller-Greven

A Statement on Behalf of the Confederated Villages of Lisjan Nation

Greetings Relatives,

On behalf of the Confederated Villages of Lisjan Nation, I have asked for this statement to be read tonight as tribal members and leadership are all at a ceremony and cannot be with you.

Confederated Villages of Lisjan Nation have made this land, currently called Berkeley, our home for thousands of years before colonization. Before the thought of private land ownership was a concept in this land, this land was taken care of by our ancestors. There was an abundance here. Imagine a few hundred years ago, there was no concept of hunger or homelessness, and you could drink fresh water out of “strawberry creek”. Our way of life was disrupted because people came to this land with the thought of “lording” over the land, rather than being in relationship to it. The foreign ideology of private land ownership has caused great harm to the land, waters, animals, plants, and people. Greed of making money and covering everything in concrete and asphalt, takes away the sacredness of the land to people living in the confines of urban areas. The ability to have a small group of humans displace others in a time of worldwide pandemic, with the ever-increasing cost of living, food shortages on the brink and the continuous desensitized ability to look at homelessness goes against everything that we have been traditionally taught about being human beings.

Confederated Villages of Lisjan Nation stands with Defend Peoples Park, the People’s Park Council and all who dream and seek to create a new way of life, one in which we remember what our responsibilities are to the earth, water, air and each other.

Corrina Gould
Spokesperson for the Confederated Villages of the Lisjan Nation
July 27, 2022

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

Interview with Harvey Smith, public historian, educator, People’s Park Historic District Advocacy Group

Harvey Smith, author of the book Berkeley and the New Deal, was interviewed by Mitch Jeserich on the KPFA Letters & Politics program on July 13, 2022, and this informative podcast recording has fascinating history, and a detailed update on the current efforts to protect People’s Park.

https://podcasts.apple.com/us/podcast/kpfa-letters-and-politics/id406769844?mt=2

1 hour

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 )