The fence stays! As I predicted, Judge Miller ruled against the protestors and allowed the fence. Here are two links that relate: UC Berkeley and Daily Cal. IIRC (which means If I Recall Correctly for those so inclined), the Judge had made comment in the earlier hearings about how the need for public safety was an important overriding force here. And if Cal wanted to erect a fence for the purpose of public safety, then they could do so.
This victory for Cal is a reminder, to me at least, that hope remains high for the September 19th court date. From the Daily Cal article:
"Miller also indicated that she thought the action of erecting the fence did not impinge upon the protesters’ right of free speech. However, she said that because the lawsuits against the university do not pertain to the right of free speech but rather California environmental laws, she would not make a ruling about the presence of the protesters."
Runnie Dub and Co. make a big deal out of free speech, but it is just the most recent in a number of smoke screens designed to obscure the truth here. This suit is not about old trees or ancient Indian burial grounds. This suit is not about free speech or Mel Gibson’s finding of faith after the aliens came to Earth, though it would be awesome if it were since Signs is a really great movie.
In reality, this suit is about California environmental laws. And as far as I can tell, the City has a whole lot of bad facts to deal with.
So, good news tonight. Hopefully, this portends well for Satuday, the 19th, and beyond.