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New Stay of Demolition Order for People’s Park

Harvey Smith
Friday August 05, 2022 - 10:31:00 AM

Yesterday, August 4, in a lawsuit brought by Make UC A Good Neighbor and the Peoples Park Historic District Advocacy Group (PPHDAG) challenging UC’s approval of housing to be built in People’s Park, the California Court of Appeal issued a temporary stay enjoining UC Berkeley from all construction, further demolition, tree cutting and landscape alteration at People’s Park, which is listed on the National Register of Historic Places. The stay does not extend to landscape alterations necessary for public health and safety or to the erection of a security fence. 

UC moved into the park at 1:00 a.m. Wednesday morning so it could cut down numerous trees after the Alameda County Superior Court ruled against the lawsuit and before the Court of Appeal could issue today’s temporary stay. 

“We are gratified that the Court of Appeal recognized that UC should not go forward until the court has the opportunity to review our case more fully,” said Harvey Smith, President of PPHDAG. "UC took advantage of the legal system in order to destroy as much of the park as it could. We are hopeful that the court will overturn the lower court decision and lead to the restoration of the park. Why should the university keep a parking lot and destroy a park? In the era of extreme climate change this is unconscionable” 

The lawsuit contends that UC failed to consider readily available alternative locations for the proposed housing that would not require destruction of a national historic site, in violation of the California Environmental Quality Act (CEQA). Both community organizations and many others are supportive of UC building more student housing, but have pointed out that the university has identified numerous alternative sites that are more appropriate, particularly the earthquake unsafe Ellsworth Parking Structure located just over a block from People’s Park. 

Smith also noted, “UCLA now guarantees housing for all undergraduates through its program to build housing on all its parking lots.” 

PPHDAG’s projected vision for People’s Park includes improved maintenance of the neglected park making it the equal of any park in the city or on the campus. Obviously trees will have to be replanted, but the park can live on to honor the cultural, political, environmental and architectural history of the park and the Telegraph Avenue corridor.