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)

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

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

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