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