You’ve won this round, Dub!
Edit: There’s a story over at Bear Insider that refutes some of the parts of the Chron’s story. Carolyn Jones, the author of the Chron story, has shown a pro-protestor bent in the past, so maybe it didn’t go down as the Chron says. I was not at the hearing, so I cannot personally comment. Here is the Bear Insider story. Their story basically says the judge didn’t think there was enough time to get into it and pushed it forward. He also seemed to be of the belief that Cal could, conceivably, get the ewoks down if it so desired. So, if the Bear Insider is true and, to be fair, I think they’ve also had some accuracy problems in the past, the hearing was basically a null-set. Even more like the judge didn’t want to deal. And now back to your regularily scheduled post.
If you haven’t heard already, the Yay Area is one of the toughest places to evict people, whether it be in a house or a tree. Or even a tree-house, I guess. I can personally vouch for this as I have lost two eviction trials, each one more emotionally devastating than the last. Well, now I have some good company! Cal. The Chron has the story.
Basically, Cal went to try to get a restraining order to evict the ewoks and was rebuffed. Here’s the kwote from the story:
"Keller said the university did not supply enough evidence to show an immediate threat of fire or health problems and scheduled a full hearing for Oct. 1, 10 days after the court hears a trio of lawsuits intended to stop the sports facility."
So, what does this mean?
1. The Ewoks will stay for some time longer
2. Nothing, really.
Apparently, the judge, who is not the same judge as will be presiding over the trial next week, felt that there was not an immediate threat of fire or health problems. Fair enough. There is a good chance he just didn’t want to step on Judge Miller’s toes. You’ll notice that he set the date on the general hearing for 10 days after the trial. This is probably for two reasons. If Alameda is anything like CoCo County, they are way backed up. Also, it has been my experience that if the judge doesn’t really want to deal with something and there are other events on calendar (like, for example a trial), they will schedule stuff after those other events. That way it will resolve itself and nothing more needs be done. Although few people think this way, the last person that should get involved with a problem is the judge. They are the arbitrator of last resort. The Courts will do whatever is necessary to help the parties solve the problem without the judges getting involved.
So, basically, I think the judge here is passing the buck.
I have seen some people concerned that this will have an adverse effect on the trial next week. I do not feel that that is the case. The trial next weeks deals SOLELY with earthkwake safety issues. SOLELY. If you will remember correctly from the earlier hearing regarding the fence, Judge Miller said that very thing. Not about free speech. Not about ancient Indian burial grounds. Earthkwake safety.
The hearing on the restraining order had NOTHING to do with earthkwake safety. Just whether ewoks’ propane tanks or various bodily excretions might pose an immediate risk of damage to the grove that requires the Court to step in. This is a safety issue, but a wholly different type of safety issue. Bee Tee Dub, wouldn’t it be hilariously ironic if these supposed propane tanks caused the grove to burn down. Just like the cat burglar being caught by the very people trying to catch him!
So, bottom line, this is a minor victory for the ewoks. They don’t have to leave now. If the trial goes as I fully expect/hope to everything holy that it will go, then they’ll be gone soon enough.
Then again, I lost both my eviction trials, so what do I know?
