Legal council for Occupy the Farm and the UC met at the Hayward Hall of Justice Thursday to present arguments on a preliminary injunction that would indefinitely bar the protesters from the UC-owned farmland in Albany.
If Alameda County Superior Court Judge David Hunter approves the injunction, the 15 protesters named in the civil suit filed against them by the UC will be prevented from entering the land known as the Gill Tract or cultivating crops until the suit goes to trial, according to the protesters’ lawyer Dan Siegel.
All 15 protesters were originally issued temporary restraining orders from the farmland on May 16, which was set to last a maximum of 15 days.
“What is the need for an injunction when law enforcement can already arrest people for trespassing on the Gill Tract?” asked Gopal Dayaneni, spokesperson for Occupy the Farm and one of the 15 protesters named in the suit.
The court has up to 60 days to make a decision on the injunction, according to Dayaneni. However, Siegel said trial proceedings for the suit could take a year or more to begin.
Dayaneni said one of the points argued by lawyer Kay Martin, who represented the university in court, was the claim that the Gill Tract is private property, which the injunction would help protect. According to Dayaneni, Siegel argued that because the university is public, land like the Gill Tract should be public as well.
“Their claim that the Gill Tract is public property is completely insufficient,” said campus spokesperson Dan Mogulof in a May 12 interview. “It’s like saying any outside group should be able to access any of our buildings or labs, look over our shoulders and dictate how students and faculty learn, study and conduct research.”
The lawsuit, issued on May 9, alleges the defendants “cut the chains securing the gates into Gill Tract, entered the property and have since established a campsite and attempted to grow food” on the tract. The lawsuit additionally alleges the protesters’ continued presence is preventing research on the tract. The encampment lasted until May 14, when UCPD raided the Gill Tract and arrested 10 protesters.
According to Mogulof, the campus is seeking reimbursement for attorneys’ fees, damages to the land and expenses incurred in the suit. Mogulof said initial indications point to those being “very substantial costs.”
Dayaneni said about 50 people packed the courtroom in Hayward to condemn the UC lawsuit and to show their support for the protesters.
“The defendants are determined to fight this case vigorously because we believe it has no merit,” Siegel said. “It’s just a tactic by the university to discourage people from participating in demonstrations.”
Christopher Yee is an assistant news editor.
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A suggestion: since the Occupy farmers believe in organic agriculture, the judge should honor them by transforming them into the organic fertilizer they truly are and plant them in the UC gardens. That way, these sanctimonious shit heads would get what they are truly seeking: martyrdom…
Why Obama will be a One Termer….worse than Carter.
Barack Hussein Obama is a self-created myth, polished further by
David Axelrod and a compliant media. He is a chameleon who takes on
whatever shape and form best suit his purposes and goals. There is
little substance behind the façade other than an Elmer Gantry style of
politics. He is completely malleable into whatever form and shape best
serve his personal interests.
A few examples of this “flexibility” are the following:
He changed his name when he believed it served him to do so.He is
not a religious man, but he joined a Black Liberation Church to sell
his bona fides to the black community in his early days in Chicago.He said that preacher Jeremiah Wright was like his father yet threw him under the bus when it became convenient (necessary).He claimed to have been born in Kenya in order to enhance book sales as a younger man.He
likely lied on his applications to college to gain foreign student
status. At the time, that category provided more favorable admission
and funding treatment than afforded domestic blacks.He claimed to be a constitutional professor when he was neither a professor nor particularly well-versed in the Constitution.
Obama’s track record is abysmal. Floyd and Mary Beth Brown discussed four of Obama’s failures:
Obama’s 825 billion dollar stimulus failed to keep unemployment below
8 percent as promised. Since President Obama’s stimulus passed, America
has lost 1.1 million jobs. If you count people who have become
discouraged and are no longer seeking jobs, some economists believe that
real unemployment rate is above twenty percent.Obama called his
health care package one of his major accomplishments. He told CBS’ Steve
Kroft he was “putting in place a system in which we’re going to start
lowering health care costs.” Yet it has failed to make health insurance
more affordable. According to the fact watchdog website FactCheck.org,
ObamaCare is actually making health care “less affordable.” Workers
paid an average of $132 more for family coverage just this year.Obama
predicted his investments in green energy would create 5 million jobs,
but the Wall Street Journal reports: “The green jobs subsidy story gets
more embarrassing by the day. Three years ago President Obama promised
that by the end of the decade, America would have five million green
jobs, but so far, some $90 billion in government spending has delivered
very few.”Obama pledged to cut the deficit in half, saying: “And
that’s why today I’m pledging to cut the deficit we inherited by half by
the end of my first term in office.” Even if every part of Obama’s
deficit reduction proposal was enacted, the deficit at the end of his
first term would still be $1.33 trillion, more than twice what he
promised.In addition:
His Obamacare legislation, despite all the state propaganda
supporting it, remains unpopular and is viewed by more than half the
country as unconstitutional. Recent hearings in front of the Supreme
Court were embarrassing to the administration. The legislation is
wildly over-budget and threatens to accelerate the bankruptcy of the
nation. Further, the more people begin to deal with its implementation,
the more unworkable it is considered and the more it is considered a
mistake. Obama’s trophy piece of legislation is increasingly viewed as
an unworkable, unmitigated disaster.Relations between Republicans
and Democrats and blacks and whites are worse than at any time in my
lifetime. The former is on evidence every day. The latter has been
emphasized with the circus surrounding the tragic death of Trayvon
Martin.The country’s foreign policy is a growing embarrassment.
America has alienated many of its allies. America and its enemies are
not doing so well, either. We don’t have a Cold War, although we don’t
need one with what is happening. Russia is not our ally. China is
exerting its newly developed muscle. Iran openly mocks the president as
it proceeds to nuclear weaponry. North Korea plays Lucy with the
football, and Charlie Brown falls for the trick every time. The
Mid-East is in shambles, with the Arab Spring being nothing more than
the replacement of tyrants who were friendly to the U.S. with tyrants
who are not. Israel looks like it will have to act alone against its
existential threat.The economy has not improved despite record
stimulus. Economic statistics are routinely “massaged” to make outcomes
look better. Suffocating regulations, increasing debt levels and
regime uncertainty prevent recovery. Capital and talent increasingly
flee the U.S.Obama has mortgaged the country’s future with his
spending. By the time of the election, he will have added almost $6
trillion in new debt. There is no interest in cutting spending despite
the doomsday warnings from multiple sources. Markets will eventually
choose how and when the spending will cease. It will be at the
convenience of markets when matters cease. Likely this timing will not
be favorable to the country’s preferences.Gasoline prices are
soaring. The so-called “green energy” initiative has been exposed as
corrupt political payoffs that will not produce economic energy for
decades, if ever. Coal is under attack, exploration for oil is
unnecessarily restricted, pipelines are stymied, and power plants are
closing. Politically correct politics moves us away from modernity
toward the Stone Age.Obama is no longer seen as The One — just,
instead, as another scheming Chicago politician. He is increasingly
viewed as arrogant, dishonest, and incompetent. These are not messianic
attributes. He is just another politician, although more flawed than
most.A great mistake was made in 2008. That mistake is now
blatantly apparent to most voters and most political analysts around the
world.
Nothing Obama promised has been accomplished. Furthermore, much of what he did added to the country’s problems