Judge Clarifies Stadium Ruling

In a ruling released late Friday afternoon an Alameda County judge clarified the restrictions of an injunction placed on UC Berkeley for the construction of the student athletic center near Memorial Stadium, which both opponents and proponents of the plan called a victory.

Superior Court Judge Barbara J. Miller ruled that the university will be able to pursue construction contracts for the project, but would not be able to make physical alterations, though officials disagree about what that means for the site.

The ruling also allowed for continuation of additional seismic and geophysical testing at the site, which UC Berkeley officials commenced last week.

The three plaintiffs—the city of Berkeley, Panoramic Hill Association and California Oak Foundation—have filed suit against the project, which they say may be seismically unsafe due to its proximity to the Hayward fault, and object to its removal of 26 coast live oak trees.

The plaintiffs’ attorneys argued in court Thursday that the university should not be allowed to enter into contracts and said if the university did so, they may try to use that as leverage when the cases came to the hearing and argue that they stood to lose substantial money if the contracts were cancelled.

But Miller wrote in her ruling that should UC hire contractors, they “do so at their own risk.”

“She placed the university on notice,” said California Oak Foundation attorney Stephan Volker. “It’s a complete victory for the petitioners, and we’re quite pleased with the court’s rulings.”

But UC Berkeley spokesperson Marie Felde also called the ruling “an important victory” and said the campus will go forward with the bidding and contracting process.

On the second major point of contention—whether the university should be allowed to install fences surrounding the proposed construction site—representatives disagree about what the judge’s ruling means.

There are currently several protesters lodging in an oak grove threatened with removal if the athletic center is built. UC officials have said they have created a drain on police resources.

Volker and the city’s attorney Harriet Steiner said the language of the injunction restricts any sort of physical alteration, permanent or temporary, and a fence would constitute such a change.

Miller wrote that UC is prevented from beginning construction on the athletic center “if such action would result in change or alteration to the physical environment within the project boundaries.”

Felde wrote in an e-mail Friday night that Miller decided not to prevent a fence, and said the campus has to retain the right to police its property.

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