BERKELEY: Not a good day to be a tree sitter

Contra Costa Times ^ | 10/2/7 | Kristin Bender

[SmithL]

Despite a judge's order Monday that the Berkeley tree-sitters are living in trees illegally and posing a health and safety risk, UC Berkeley has no plans to forcibly remove the group.

Alameda County Superior Court Judge Richard Keller issued a preliminary injunction evicting one tree-sitter -- David Galloway, who has been served by the university, said spokesman Dan Mogulof.

If Galloway is, in fact, in a tree, he has to come down or face a $1,000 fine and up to five days in jail.

The judge's order opens the door for the university to serve others by name, forcing them down or sending them to jail. Tree sit supporters declined to say Monday if Galloway is in a tree.

Last month, the university asked a judge to order the tree-sitters down after they outfitted their tree village with two large propane tanks, and had open flames burning in the trees.

In addition, the university claimed the sitters built at least 10 additional structures in the trees. Tree sitters deny those claims.

From the beginning, UC Police have said the tree-sitters are trespassing and illegally lodging in trees.

Tree-sitters claimed their free speech rights overrode any laws they might be breaking. On Monday, Judge Keller agreed with the university.

"He said it's not a free speech issue. He supported that it's an illegal and dangerous protest, but we have to be able to serve them," Mogulof said.

Since the protest started on Dec. 2, tree sit organizers say more than 300 different people have perched in the trees at different times. Since the beginning tree-sitters have used monikers such as "Chewing Gum" and "Stoic," avoiding giving their real names to reporters and police. This could make serving them tricky.

A university spokesman said the police chief and a university attorney were discussing Cal's next move late Monday. However, there were no immediate plans to forcibly remove protesters or prevent food and water from reaching them, Mogulof said.

The tree-sitters are protesting the university's plans to build a $125 million sports training center in the grove. The university has pledged to plant three trees for every one that is removed, but protesters say about 40 trees cannot be adequately replaced because of their age and size.

In a related matter, the university is in the midst of a trial for three consolidated lawsuits trying to halt the building of the training center. The city of Berkeley, the Panoramic Hill Association and the California Oak Foundation have sued. The trial resumes today in Alameda County Superior Court in Hayward.

A representative of Save the Oaks, which has been supporting the tree-sitters, said the ruling wasn't a total victory for the campus.

"I think UC Berkeley did not get as much as they thought they were going to get out of this," said Doug Buckwald. "I think they have the same difficulty as they had before. They always thought they had the right to enforce their laws prohibiting lodging and trespassing against the tree-sitters."

Keller encouraged the tree-sitters to take the protest out of the trees and into a venue that is allowed under university policy.

[SmithL]

Ha Ha!

[Proud2BeRight]

Fire up the chain saws. They will come down pretty quick after you take the fall notch out.

[mtbopfuyn]

Ok, I have a question. How do they do their, um, business and how is it disposed?

[Rb ver. 2.0]

“Berkeley tree-sitters are living in trees illegally and posing a health and safety risk”

It’s bad enough to be sitting under a tree and have a bird crap on you............

[SmithL]

Judge orders tree-sitters at Cal to get down

Carolyn Jones, Chronicle Staff Writer Tuesday, October 2, 2007

Berkeley's tree-sitters must climb down from their roosts or face five days in jail and a $1,000 fine apiece, an Alameda County judge ruled Monday.

Superior Court Judge Richard Keller granted UC Berkeley a preliminary injunction against the protesters, who have been perched in an oak grove near Memorial Stadium since December hoping to stop the university's plan to build a sports facility there.

The judge barred the protesters from "lodging in, scaling, climbing or hanging or sitting or standing" in tree-houses, hammocks or platforms in the grove, according to the order.

University officials asked for the injunction because of what they described as rapidly increasing safety and sanitation problems at the grove. UC police have issued almost 200 citations for trespassing, assault and other infractions, and some officers have complained of being hit with feces and urine from the tree houses. Several of the tree houses also have propane tanks for cooking.

After a 90-minute hearing at the county courthouse in Fremont, the judge sided with the university, saying the regents' right to protect university property trumps the protesters' right of free speech.

"There are limitations to free speech, and one of them is time, place and circumstance," Keller said. "It's not an absolute right."

http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/10/02/MNN6SI0OS.DTL&type=printable

[Crazieman]

outfitted their tree village with two large propane tanks, and had open flames burning in the trees.

[Cvengr]

Maintenance crews should just empty a couple of jars of termites at the base of the tree.

[AppyPappy]

You just put burning barrels under the trees and burn all the poison ivy you can find.

[SmithL]

See the buckets?

[quikdrw]

Those buckets have to smell very pleasant!! /s

[hoe_cake]

They look like a bunch of monkeys!

[ChocChipCookie]

Couldn’t happen to a more deserving screwel. Berkley and these tree sitters deserve each other.

[HuntsvilleTxVeteran]

Allow squirrel hunting in the area!

[norton]

Smudge pots 24/7, fire hoses when it gets cold, and maybe the FBI still has its tapes of screaming bunnies(?)

My choice would really start with Agent Orange, but that'd just be wrong.

Wouldn't it?

[Logophile]

This sorry spectacle gives me yet another reason not to donate to my alma mater (Ph.D., U. C. Berkeley).

The university administration could solve this problem by erecting a fence around the area and stationing police nearby to arrest any trespassers who come to resupply the tree-sitters. Without food, water, and other ... um ... services, the tree-sitters would not last long.

[bikerman]

flame thrower or drop some napalm

[AZLiberty]

Termites!

[Michael.SF.]

I would vote for this:

Rush, Ann Coulter, Neil Boortz, Sean Hannity all 24-7, at full volume.

If they don't come down, maybe they will learn something.

[Hoodlum91]

TIMBER!!!!

They only need to chop one down. The others would come scrambling down soon after.