Police Vandalize Home to Stop Housing Rights Activists

Police Vandalize Home to Stop Housing Rights Activists

Oct. 23- Since March 13th of this year housing activists have occupied a previously abandoned property in South Berkeley. The City of Berkeley including the Berkeley Police Department have engaged in ongoing harassment of the primary resident of the house, Steven D. This harassment has included false arrest, illegal search and seizure, and unlawful detention. Extrajudicial actions by the BPD have been extensively documented on film and video, and investigations are ongoing by the Berkeley Police Review Commission. There is a federal case pending against the City of Berkeley and BPD in regards to their constant and blatant violation of the civil rights of Steven D.

Today, harassment reached an unprecedented level in this case. In a clear violation of First Amendment Rights (freedom of the press) Berkeley Police Officers stopped the filming of a documentary about housing rights and squat actions by graduate film students from SF State.

Filming was taking place in front of the house when five police cars appeared on the scene. Four housing activists and one film student exited the house upon arrival of the police and locked the door behind them, hoping to avoid further nonconsensual searches by the BPD, locking film equipment in the house temporarily until the situation could be resolved.

After yet another illegal citation was issued to Steven D., the film crew requested they be allowed by the police back into the house to retrieve equipment. Sgt. Curtain insinuated the possibility that if Steven D. were to unlock the door for the film crew to have access to the equipment, officers could take physical action to seize the key. At that point film crew and housing activists agreed that they would let the police leave and return later in the day in a short action to get the equipment.

They returned one hour later to find that the BPD had vandalized the doors by screwing them shut, drilling metal screws into the locks and breaking off the heads. The doorknobs were smashed and rendered useless. The resulting damage made a locksmith necessary to gain further access to the house.

Activists then went to BPD downtown and requested a civil standby to facilitate the removal of the equipment. An unidentified BP officer (through an intercom) agreed to have an officer stand by.

Activists, film crew, and locksmith were met at the property by BP Officer Grove who was sent to relay the message that the BPD was in fact not going to allow access to the house, and anyone going into the house would be arrested. Ofc. Grove said he was acting on orders from the City Attorney’s office.

As this lockout continues, City of Berkeley and BPD are simultaneously preventing the documentary on housing rights from being finished by effectively detaining equipment, as well as denying Steven D. access to his home.

The actions on the part of the City of Berkeley, including Gregory Daniel of Code Enforcement, the City Attorney, and Officers of the BPD (including but not limited to Spencer Fomby, Jessica Nabozny, Sgts. Curtain and Dougherty) are of a purely political nature.

All of the above are aware that activists have taken over this property, which has been abandoned for 14 years, to pursue an Adverse Possession claim, otherwise known as “squatter’s rights”. Adverse Possession is a legal right under California Civil Code that allows persons occupying a property (and in California this includes paying 5 years property taxes) to acquire ownership of said property.

This openly threatens the status quo that they are paid to uphold, especially when this claim is sought by housing activists (rather than property speculators, landlords, or others that would seek ownership by Adverse Possession for financial gain.)

This is just one incident in a decades long history of Berkeley’s attempts to quash the more radical elements in the city, in favor of the standard quasi-liberal, pro-landlord political agenda.

**********Please call City Manager Phil Kamlarz @ (510) 981-7000
**********And City Attorney Manuela Albuquerque @ (510) 981-6950

And demand:

1. To respect the first amendment and release the student’s film equipment.
2. Stop the harassment and intimidation of housing rights activists at their places of residence.

(links to video images will be posted in comments as soon as possible)