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Three Lawsuits Challenge City of Oakland, A’s Over Proposed Real Estate Project at Port of Oakland

The second lawsuit was filed by Union Pacific Railroad, raising concerns about environmental and public safety risks. In a statement to the San Francisco Chronicle, Robynn Tysver, a spokesperson for Union Pacific, said the company has “serious safety concerns” about the project because, if built, it would be near “two busy railyards and a busy passenger rail station.”

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Rail line at the Port of Oakland. Photo courtesy of the Port of Oakland.
Rail line at the Port of Oakland. Photo courtesy of the Port of Oakland.

By Ken Epstein

So far, three lawsuits have already been filed challenging efforts by Oakland Mayor Libby Schaaf and John Fisher of the Oakland A’s to move full-steam ahead to win final approval for building a massive $12 billion private real estate project on public land at Howard Terminal at the Port of Oakland.

Two lawsuits were filed on Friday, April 1. Observers say more lawsuits may be forthcoming as those who are opposed to the project or have concerns about how the giveaway of public property and public funding are unfolding as Schaaf and the A’s corporation move forward while ignoring or marginalizing the concerns of port-related businesses and longshore workers, city residents and environmentalists.

Ignoring hundreds of written concerns and many public comments, the Oakland Planning Commissioners — all appointed by Schaaf — unanimously passed the Environmental Impact Report (EIR) on the project. The project has also been approved by Port Commissioners who were also appointed by the mayor.

One lawsuit, which says the EIR does not meet legal environmental requirements, was filed on behalf of the East Oakland Stadium Alliance; Schnitzer Steel, a metal shredding facility; Pacific Merchant Shipping Association; the Harbor Trucking Association; California Trucking Association; and the International Longshore and Warehouse Union (ILWU), which represents dockworkers. Several of these organizations have criticized city officials and the Oakland A’s corporation for refusing to meet with them to negotiate or even inform them about the project proposal.

A spokesperson for the East Oakland Stadium Alliance said the A’s and the City have failed to disclose the negative impacts that the project will have on businesses at the Port and surrounding communities.

“The A’s proposal to build a stadium and luxury condominiums, office and retail development will cause major disruptions and impacts to both the surrounding community and the operations of the Port, yet the EIR did not fully address these concerns or mitigate these well-known issues,” said Mike Jacob, speaking for the Stadium Alliance to KRON4.

“It is simply not proper to ignore or defer analysis or mitigation of so many of the significant impacts identified in the more than 400 comments submitted by community and supply chain stakeholders, and as a result our only alternative is to pursue legal recourse,” Jacob said.

The second lawsuit was filed by Union Pacific Railroad, raising concerns about environmental and public safety risks.

In a statement to the San Francisco Chronicle, Robynn Tysver, a spokesperson for Union Pacific, said the company has “serious safety concerns” about the project because, if built, it would be near “two busy railyards and a busy passenger rail station.”

“Union Pacific believes developing the Howard Terminal without removing rail, vehicle and pedestrian conflicts will exacerbate roadway congestion and create significant safety risks for the public and our employees,” said Tysver. “We are asking that the Oakland A’s and City of Oakland go back and diligently study a grade-separated access plan to properly mitigate the risks.”

A third lawsuit against the EIR was filed on April 4 by the Capitol Corridor Joint Powers Authority. The Capitol Corridor runs 30 weekday and 22 weekend passenger trains weekly on Union Pacific tracks. Union Pacific runs 15 freight trains per day and Amtrak passenger trains.

Responding to the lawsuits, Dave Kaval, president of the A’s, said, “This is just absolutely crazy that these lawsuits are even possible. We are going to prosecute this and defend it and do what we can to demonstrate our project is going to be a huge net benefit,” he said in an interview with the Chronicle.

Kaval was dismissive of the Union Pacific lawsuit, saying the current railway situation at the Port is “completely untenable.”

“One of the key parts of this project is maintaining railroad safety,” Kaval said. “Our project is going to do so much to make Jack London Square safer.”

Of the first lawsuit filed against the EIR, Kaval said, “We think they should drop the lawsuit. It’s an odd way to use an environmental law to prevent the environmental review from being completed.” He said he and city staff were both concerned about the lawsuit.

“We are disappointed collectively about this,” he said.

Kaval said the project is looking at building two bridges, one for pedestrians and another for vehicles, to allow traffic to move safely over multiple train tracks. Other unnamed safety and infrastructure improvements are also being considered.

“We will be very forceful to have this rescinded. We’re at the bottom of the ninth inning, and we need to get the Howard Terminal ballpark approved.”

The A’s project has the support of Democratic political leaders in California who passed a state law that says that lawsuits related to the project must be resolved in less than 270 days.

Schaaf also opposed the lawsuits, defending the Planning Commission approval of the EIR. Justin Berton, a spokesperson for the mayor’s office, gave a statement to KRON, saying:

“The city stands by the integrity of its process and analysis culminating in the certification of the EIR… This particular EIR is exceedingly rigorous, thorough, transparent, and ensures a waterfront ballpark district will be built with only the highest environmental standards.”

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Oakland Post: Week of May 24 – 30, 2023

The printed Weekly Edition of the Oakland Post: Week of May 24 – 30, 2023

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The printed Weekly Edition of the Oakland Post: Week of May 24 - 30, 2023

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Rise in Abductions of Black Girls in Oakland Alarms Sex-Trafficking Survivors

Nola Brantley of Nola Brantley Speaks states, “America’s wider culture and society has consistently failed to address the abduction and kidnapping of Black girls in Oakland and across the country, and this lack of concern empowers and emboldens predators.”

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Nola Brantley and Sarai Smith-Mazariegos
Nola Brantley and Sarai Smith-Mazariegos

By Tanya Dennis

Within the last 30 days there have been seven attempted kidnappings or successful abductions of Black girls in Oakland.

Survivors of human trafficking who are now advocates are not surprised.

Nor were they surprised that the police didn’t respond, and parents of victims turned to African American community-based organizations like Adamika Village and Love Never Fails for help.

Advocates say Black and Brown girls disappear daily, usually without a blip on the screen for society and government officials.

Perhaps that will change with a proposed law by state Senator Steven Bradford’s Senate Bill 673 Ebony Alert, that, if passed, will alert people when Black people under the age of 26 go missing.

According to the bill, Black children are disproportionately classified as “runaways” in comparison to their white counterparts which means fewer resources are dedicated to finding them.

Nola Brantley of Nola Brantley Speaks states, “America’s wider culture and society has consistently failed to address the abduction and kidnapping of Black girls in Oakland and across the country, and this lack of concern empowers and emboldens predators.”

Brantley, a survivor of human trafficking has been doing the work to support child sex trafficking victims for over 20 years, first as the director for the Scotlan Youth and Family Center’s Parenting and Youth Enrichment Department at Oakland’s DeFremery Park, and as one of the co-founders and executive director of Motivating, Inspiring, Supporting and Serving Sexually Exploited Youth (MISSSEY, Inc.)

“It really hit home in 2010,” said Brantley, “before California’s Welfare Institution Code 300 was amended to include children victimized by sex trafficking.”

Before that law was amended, she had to vehemently advocate for Black and Brown girls under the age of 18 to be treated as victims rather than criminalized.

Brantley served hundreds of Black and Brown girls citing these girls were victims so they would be treated as such and offered restorative services. “To get the police to take their disappearances seriously and file a report almost never happened,” she said.

Then Brantley received a call from the Board of Supervisors regarding a “special case.”  A councilman was at the meeting, as well as a member of former Alameda County Board Supervisor Scott Haggerty’s Office who had called Brantley to attend.

“The child’s parents and the child were there also.  They requested that I give my full attention to this case.  The girl was white and there was no question of her victimization,” Brantley said.

Brantley felt conflicted that of all the hundreds of Black and Brown girls she’d served, none had ever received this type of treatment.

Her eyes were opened that day on how “they” move, therefore with the recent escalation of kidnapping attempts of Black girls, Brantley fears that because it’s happening to Black girls the response will not be taken seriously.

Councilmember Treva Reid

Councilwoman Treva Reid

“I thank Councilwoman Treva Reid and Senator Steven Bradford (D) for pushing for the passing of the Ebony Alert Bill across the state so that the disappearance of Black girls will be elevated the same as white girls. We’ve never had a time when Black girls weren’t missing.  Before, it didn’t matter if we reported it or if the parents reported the police failed to care.”

Senator Steven Bradford

Senator Steven Bradford

Sarai S-Mazariegos, co-founder of M.I.S.S.S.E.Y, and founder and executive director of Survivors Healing, Advising and Dedicated to Empowerment (S.H.A.D.E.) agrees with Brantley.

“What we are experiencing is the effects of COVID-19, poverty and a regressive law that has sentence the most vulnerable to the sex trade,” S-Mazariegos said. “We are seeing the lack of equity in the community, the cause and consequence of gender inequality and a violation of our basic human rights. What we are seeing is sexual exploitation at its finest.”

Both advocates are encouraged by Bradford’s Ebony Alert.

The racism and inequity cited has resulted in the development of an underground support system by Brantley, S-Mazariegos and other community-based organizations who have united to demand change.

Thus far they are receiving support from Alameda County District Attorney Pamela Price, Oakland Mayor Sheng Thao, and Oakland City Councilmembers Nikki Fortunato Bas and Reid of the second and seventh districts respectively.

For more information, go to http://www.blackandmissinginc.com

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Oakland Post: Week of May 17 – 23, 2023

The printed Weekly Edition of the Oakland Post: Week of May 17 – 23 2023

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The printed Weekly Edition of the Oakland Post: Week of May 17 - 23, 2023

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