Mar 11, 2008

Tree-sitter evades police efforts

By Doug Oakley / Daily News Staff Writer

UC-Berkeley police tried Monday to remove a man living in an oak tree near the main entrance to campus, but came away empty-handed.

The man, who goes by the name Fresh, has been tree-sitting to protest various school policies.

Police brought out two ladders and a cherry picker to try to convince him to come out, but he evaded them by climbing higher, according to police and the man's supporters on the ground.

Fresh has been in the tree just north of Sather Gate with a hammock, water jugs and a bucket for human waste since Feb. 29.

Police removed a banner that read "Our Third World College Begins Here. Save the Oaks," and his hammock. But they left the bucket, a backpack and water jugs.

On Sunday, two of Fresh's supporters were arrested and cited for trespassing, resisting arrest and refusing to leave, police said. They have been released.

Police have surrounded the tree with metal barricades. About eight police remained on the scene Monday afternoon.

"He has his backpack and a couple of jugs of water, so we're hoping he gets uncomfortable enough to come down," UC-Berkeley Assistant Police Chief Mitch Celaya said. "We're still not prepared to get in a confrontation to get him out of the tree - it's just a misdemeanor. And I'm not prepared to put my officers at risk."

Fresh's cause is linked to the long-term tree sit to the west of Memorial Stadium. Since December 2006, a group has been living in trees near the football stadium to protest UC-Berkeley's plan to raze them to build a $125 million sports training center at the grove.

Eight to 10 people continue to live and sleep in those trees, a tree-sit spokesman said. A court injunction is preventing any construction on the grove site, and lawsuits have tied up plans.

Fresh is living in the new oak tree to bring attention to broader issues at the school.

"He's trying to raise awareness about the fact that the Regents are undemocratic and are making bad decisions, including UC's continuing involvement in nuclear weapons manufacturing, the (research) deal with British Petroleum, and cutting down the trees at the oak grove next to the stadium," said Jessica Schley, a UC-Berkeley undergraduate student who is supporting Fresh on the ground. Schley said she was arrested a week ago for trying to bring Fresh food.

Celaya said the school has Fresh under 24-hour surveillance, and wants him to come down because he is trespassing. There also are liability issues, he said.

"People have freedom of speech, but at the same time he doesn't have freedom to trespass," Celaya said. "There are consequences to actions."

Some students who watched Monday's extrication effort wondered why UC-Berkeley is using so much manpower on a guy sitting in a tree.

"There are $2,400 laptops being stolen on campus, and they have this guy on 24-hour surveillance?" said Martha Markosyn, who stood under the tree Monday debating UC police officers. "There's so many better things for them to be concerned about."

Chris Wallis, a graduate student, said he's not sure he agrees with Fresh but supports his right to be there.

"I think this is a form of social protest, and the school accepts other forms of protest, so I'm not sure why they are making such a big deal out of this," Wallis said. "I would have to ask the administration why this form of protest is threatening to them."



E-mail Doug Oakley at doakley@bayareanewsgroup.com.