Berkeley Oak Grove Protest

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The 2006-2008 University of California, Berkeley Oak Grove Protest is a tree sit-in in protest over the construction of a new student athletic training center for the University of California, Berkeley that began December 2nd, 2006.^[1][2] The protest was initiated and is still led by Zachary RunningWolf, a former Berkeley mayoral candidate.^[3][4] The protest has been in progress continuously for over one year^[5] — 554 days as of June 8, 2008.

Contents 1 History 2 Burial grounds 3 Nude photo shoot 4 The first fence 5 The University's settlement offer 6 Eviction judgment 7 The second fence 8 Protesters' supplies removed 9 References

[edit] History

The University says the new center is needed to provide safer quarters for the 350 people who work and train at California Memorial Stadium, while the protesters claim that the oaks should be saved as the last grove in the Berkeley flatlands and the City of Berkeley claims that the facility will be unsafe because of its proximity to the Hayward Fault Zone.^[6] The center will cost $125 million^[2], and will require the removal of 26 coast live oaks.^[1]

In addition to the tree sit-ins, the University has been sued by three parties to prevent construction of the facility: The California Oak Foundation which wants to save the trees, the City of Berkeley which is concerned with site safety, and the Panoramic Hill Association which worries about increased traffic loads.^[2] The three cases have been consolidated and scheduled to begin September 19th, 2007.^[2]

The City of Berkeley has passed a law that forbids the cutting down of mature coast live oaks; however, the University claims exception as part of the state government.^[7] Furthermore, the University claims that the trees were planted as part of the landscaping in 1923, rather than old growth as the protesters claim.^[3]

Since the start of the protest, the university has reported 155 violations and 98 arrests or citations.^[8] The protest has cost the University $367,000^[9], and as of April 5th, 2008 it has cost the University Police Department $300,000 and generated more than 200 police reports, most of which were filled against the protesters.^[10]

[edit] Burial grounds

On February 20th, 2007, RunningWolf and others claimed that the land the athletic center was going to be built on was an Ohlone burial ground.^[4] The University responded by saying that there was no evidence that the remains found were from American Indians, and that even if they were it would not stop the construction as California law does not prevent building on top of burial sites.^[4] Wounded Knee, leader of the Ohlone tribe expressed anger with the planned construction, saying the site was being desecrated.^[4]

[edit] Nude photo shoot

On March 17, 2007 more than 100 people took part in a nude photo shoot by Jack Gescheidt with the oak trees as part of his TreeSpirit Project.^[11] Although the participants were told by UCPD that they would be arrested for public indecency, no arrests were made.^[11]

[edit] The first fence

On August 29th, 2007 a chain link fence was constructed around the protesters.^[1] The fence was erected to prevent confrontation between the protesters, and the sellout crowd of 72,516 (17,000 of them from Tennessee, the opposing team) people that were expected to attend the opening game of the California Golden Bears's football season.^[1] Protesters responded with shouts and promises to make it difficult for the University of California Police Department to guard the fence.^[1] The protesters claimed the fence was erected not to protect them, but to starve them out.^[1] Some have drawn comparisons between the building of the fence, and the attempted take back of People's Park in 1969, in which the California National Guard was called in to remove protesters.^[12] Initially the police did not allow food and water to be passed over the fence to the tree sitters, but started to allow the deliveries by the evening.^[1][2] Two men were arrested following scuffles with police.^[2] Around 200 additional people joined hands around the fence in support of the tree sitters.^[1] The fence cost the University between $10,000 and $12,000 to build.^[1] Despite the fence more protesters took up spots in the trees.^[2]

The California Oak Foundation challenged the construction of the fence in Hayward court, saying it violated a previous court order banning construction on the site.^[2] Judge Barbara Lee ruled that the fence was not in violation of her previous court order. ^[13]

[edit] The University's settlement offer

On September 4th, 2007 the University offered a settlement proposal to the Berkeley City Council.^[14] The offered settlement included reducing the number of parking spaces planned for the facility, replacing each removed tree with two newly planted trees and one large nursery oak, a promise to schedule no more than eight football games and seven other events drawing more than 10,000 people a year, a promise to not plan events that require additional sound amplification other than the built in stadium system, and to construct the new athletic center and retrofit the current stadium concurrently to make the stadium earthquake safe more quickly.^[14][15] The settlement was rejected by the Berkeley City Council 7-1-1, because the Council did not “consider the offer to be serious.”^[15]

[edit] Eviction judgment

On September 12, 2007 the University announced that it would seek a restraining order to remove the protesters.^[16] The University claims that the camp is a fire hazard because of two propane burners used to heat food, as well as claiming that falling containers of human excrement provide a health hazard.^[16] Although RunningWolf denied the allegations of propane tanks being used, one was visible from the ground and four other protesters confirmed that they used them.^[16]

On September 13th, 2007 Alameda County Superior Court Judge Richard Keller postponed the hearing to October 1st to give the protesters' lawyers time to respond.^[17] On October 1st Judge Keller ruled after a 90 minute hearing that the sit-in was illegal, that the first amendment rights of the protesters were not violated as they were free to use them elsewhere, and that the university had a right to keep people off its property.^[18] Protesters who attended the hearing vowed to continue their protest regardless of the five days jail time and $1000 fine that could be imposed upon them.^[18] Although the initial ruling was targeted against only protester David Galloway, on October 29th Judge Keller extended his ruling to apply to “all other persons acting in concert or participating with (the protesters).”^[19] The UCPD said at the time that they still have no immediate plans to remove the protesters.^[19]

[edit] The second fence

On November 8th, 2007 a second chain link fence was constructed around the oak grove.^[20] The second fence was erected to protect and separate the tree sitters from the fans attending the Golden Bear's last football game of the season, against the University of Southern California. The away fans numbered more than at the Tennessee game which prompted the construction of the first fence, with 20,000 fans showing up from Los Angeles. In a letter to Alameda County Superior Court Judge Barbara Miller the University stated that the new fence was the first step in removing the tree-sitters “without unnecessary risk” to either the protesters or UCPD.^[20] The new fence is placed an average of 25 feet (7.6 m) from the previous fence, and has standoffs for barbed wire although initially the wire was not mounted.^[20] The protesters are still being allowed to have supplies brought to them, although the University warns that it may reconsider this policy.^[20]

The fence was constructed in preparation for Judge Miller's ruling as to whether construction of the athletic center may proceed, which is expected sometime after November 14th, 2007.^[20] The University says it plans to do more to secure the area before the ruling, but did not elaborate on what measures it would take in addition to the second fence.^[20]

Although the new fence was constructed to allow the UCPD to control entry into and out of the grove, protesters were still able to access their platforms by climbing a nearby telephone pole on city property.^[20] A rally was held in support of the protesters after the construction of the fence.^[20] More than thirty people were involved, most of whom were not students.^[20]

On November 15th the gaps in the fence — which had been left to allow access to Memorial Stadium for California's final home game — were filled in and barbed wire was mounted around the top.^[21] The completed fence cost the university $80,000, although the money for the project did not come from funds allocated for research or education.^[21]

[edit] Protesters' supplies removed

On February 19th, 2008 a university hired arborist climbed the oaks and began removing items that could fall from the trees, as well as the ropes used to climb from tree to tree and hold supplies and tarps and platforms used as shelter.^[22] The UCPD described it as en effect to clean up the area while there were only four or five protesters present — far fewer than normal.^[22] Supporters of the tree-sitters said the university intentionally picked to remove the supplies on a day in which rain was forecast in order to leave the protesters exposed to the elements.^[22] The university has stated that they still intend to leave the protesters in place until a final court ruling on the building of the center.^[22] However, the University Police have said that once the court case is decided, whatever the ruling may be, the tree sitters will be forced to come down.

[edit] References