Save the Berkeley Post Office
  • Home
    • Make a Video
  • Calendar
  • Contact
  • Activist's Guide

Feds Press Lawsuit Against Berkeley's Historic Civic Center District 

12/30/2017

0 Comments

 

8 a.m. on Thursday, January 11, 2018, arguments will be heard before Judge William Alsup, Courtroom 12, 19th floor, 450 Golden Gate Avenue

The City of Berkeley and the United States Department of Justice (DOJ), acting on behalf of the U.S. Postal Service, will be in Federal Court on Thursday January 11, 2018. This hearing is the result of a suit filed by the DOJ against Berkeley on August 22, 2016. The DOJ suit alleges that Berkeley’s Civic Center Historic District Zoning Overlay is not permitted under the United States Constitution.

Some background: In 1998 the City of Berkeley designated our Civic Center as an historic district and the same year Berkeley’s Civic Center Historic District was entered on the National Register of Historic Places.

In September of 2014, responding to community demand, including numerous public hearings and a ballot initiative, the Berkeley City Council passed the Civic Center Historic District Zoning Overlay. The Overlay protects and preserves our Civic Center from commercial activities that are different in character than its current and historic civic, institutional and community-serving uses.

The federal lawsuit asserts that the Zoning Overlay is an unconstitutional attempt by a local government to interfere with a function of the federal government.  In this case that function is the Postal Service plan to sell our historic Berkeley Main Post Office. Possibly, the Postal Service argues, it could get more money for the building if a new owner could develop the property for whatever uses would fetch the highest return.

The City of Berkeley and the DOJ/ USPS have filed competing motions for summary judgment. At 8 a.m. on Thursday, January 11, 2018, arguments will be heard before Judge William Alsup, Courtroom 12, 19th floor, 450 Golden Gate Avenue.

It is wholly remarkable that in the space of a very few years our federal government has transformed from being a cornerstone of civic life in America’s communities to filing a lawsuit against the City of Berkeley alleging that its attempt to preserve its Civic Center violates the United States Constitution.

In the 1998 nomination for National Register listing the late Susan Cerny wrote: "By its very nature, Berkeley's Civic Center District has been intimately intertwined with the political/social history and welfare of the city. Every civic and social function within the district promoted the welfare of citizens. The district is significant for efforts during the first four decades of the twentieth century to establish good public parks and buildings — not only as a way to beautify communities, but as a means of fostering public-minded behavior and good citizenship."


If you want to witness the hearing on January 11th, be advised that entry to 450 Golden Gate requires presentation of government-issued photo identification and that visitors are required to pass through electronic security equipment. Both the Golden Gate and Turk Street entrances have ADA access.

Read the City of Berkeley and the DOJ/ USPS arguments in their motions to dismiss.
Confirm time and date of the hearing on Judge Alsup's calendar.
Picture
The boundaries of the Zoning Overlay are identical to the Berkeley Civic Center Historic District, listed on the National Register of Historic Places since 1998.
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    ABOUT

    The USPS wants to sell Berkeley's historic main post office. Citizens to Save the Berkeley Post Office is a grassroots group that has come together to block the sale of our heritage, stop service cut backs, and preserve living wage postal jobs.

    Our fight is not unique. Thousands of post office closures across the country mean the largest private auction of public history our nation has ever seen.

    Join the movement and spread the word. Our post office is not for sale.

    Picture
    Ten Easy Steps
    to Making a Music Video
    to Save Your Post Office!


    Picture

    Picture
    Jac McCormick in NYC
    Fighting for America's
    Post Offices!
    WATCH THE VIDEO!


    Picture

    Tell Staples the U.S. Mail is Not for Sale!
    Picture
    Sign the petition to stop the sale of historic post office like Berkeley's Downtown Main!

    Picture
    Getting rid of middle class jobs is the end. Privatization is the means. Fox News doesn't keep their agenda a secret. Watch the video.

    [10 on Tuesday] 10 Ways to Fight for Your Local Post Office from PreservationNation

    October 2, 2013 letter from Ralph Nader to Senator Dianne Feinstein

    baha_letter_to_usps.pdf
    File Size: 222 kb
    File Type: pdf
    Download File

    sample_letter.docx
    File Size: 15 kb
    File Type: docx
    Download File


    Picture

    Archives

    May 2018
    March 2018
    January 2018
    December 2017
    August 2015
    July 2015
    May 2015
    April 2015
    February 2015
    January 2015
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    May 2014
    December 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013

Proudly powered by Weebly