Judge Delays UC Bid to Clear Oak Grove
Contact Stephanie M. Lee at smlee@dailycal.org.Thursday, September 13, 2007
Category: News
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Comments (FREMONT—A judge postponed the university’s bid yesterday for a restraining order that would expel the tree-sitters near Memorial Stadium, saying its safety concerns do not need to be immediately addressed.
Alameda County Superior Court Judge Richard Keller will consider the request for the injunction on Oct. 1. He said the delay will give attorneys for the protesters adequate time to respond to the complaints.
University attorney Michael Goldstein said the nature and extent of the protest has recently become dangerous to both the tree-sitters and nearby pedestrians
The request for the court order cites fire hazards such as propane tanks used for cooking in the trees, falling containers of human waste and the construction of more treetop structures as safety concerns.
“People are continuing to live there, continue to get food, continue to dispose of waste,” Goldstein said. “There is no reason to believe that this situation is not going to continue to grow as it’s been growing in the last few days.”
Tree-sitters have inhabited the oak grove west of Memorial Stadium in shifts since December to protest a proposed athletic center that would effectively remove more than two dozen trees.
Dennis Cunningham, an attorney for the protesters, said the tree-sitters are generally non-disruptive and rarely engage in the activities the university is warning against.
“The fact that the university chose to put the fence up—that’s the disruption,” Cunningham said, referring to the chain-link fence that UC police built around the oak trees on Aug. 29.
Keller said he will allow the defendants to file a response to the requested injunction no later than Sept. 19 before he makes a decision.
“There is ample opportunity to have a full hearing later,” he said. “I want to have as much information as I can.”
Protest leader Zachary RunningWolf said he is satisfied with the decision to postpone the hearing.
The university has no plans to forcibly remove the tree-sitters, said Dan Mogulof, executive director of campus public affairs.
“You can’t light fires in dry trees in the dry season in northern California and say that’s within (your) rights,” Mogulof said.
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