Artists’ Boycott of UCSD Begun

LA JOLLA – Dec. 15, 2014. Members of the performing arts community have called a boycott of all artistic engagements on the U.C.S.D. campus. While the student cooperative and non-profit organization, the Che Café Collective, is waiting on a legal resolution to their lease and repair issues with the University of California San Diego, local, national, and international artists and performers continue to rally to show support to allow the Che Café to continue to operate in the same building and space it has for the past 35 years.

To demonstrate just how far and wide-reaching the support/impact the Che Café is in the performing arts community, a letter is circulating asking for a concerted effort to boycott all artistic endeavors in any way associated with U.C.S.D. and demand that the U.C.S.D. administration:

1. Stop all attacks on the Che Café and reverse its eviction efforts.
2. Refrain from enforcing a lockout of the Che Café and refrain from using any form of violence, force, law enforcement, or other drastic and coercive tactics against members of the Che Café Collective and its supporters.
3. Work alongside representatives of the student body to recognize the Che Café for the historical landmark and unique creative venue that it is.
4. Restore funding to the Che Café and allow students and supporters to fulfill a dynamic and creative vision for the use of the space.

These artists, labels, bands, and musicians have committed to the boycott:
Bob ‘Barley’ Beyerle -Vinyl Communications Records/ Titwrench/ Neighborhood Watch, Rob Crow – Pinback, Collin Corrigan – Rockfish, Jello Biafra – Alternative Tentacles Records/ Guantanamo School Of Medicine/ Dead Kennedys/ LARD, Spinach Williams – The Last Barfighter, Mar Moreno – Diatribe/ Outlaw Bastards, Justin Pearson – The Locust/ All Leather/ Retox/ Head Wound City, John ‘Swami’ Reis – Night Marchers/ Drive Like Jehu/ Rocket From The Crypt/ Pitchfork, Jason Soares – Physics, Mauro Coddelupi – Raw Power (Italy), Mark Wilson – The Mob (UK), Brandon Cruz – Dr. Know/ The Courtship Of Eddie’s Father/ The Bad News Bears, Zack De La Rocha – Rage Against The Machine, Armistice (Los Angeles), Dan Faughdner – Sledding With Tigers/ Grim Luck, Anachronism, Days Of Light And Gravity, Glow And The Dark, Filthy Flamingos, Atticus And The Boo Radleys, Ghetto Blaster, Death Eyes, Ben Ziff – Di Nigunim/ Thieves Lineage, Man Vs. Man, Trash Axis, Cryptic Languages, Age Of Collapse, Jose Palafox – Struggle/ Swing Kids/ Bread & Circuits/ Yaphet Kotto/ Baader Brains, Gregg Paiva – XHostageX/ YourEnemy, Eskera, Per Thunnel – Sex Dwarf/ Raped Teenagers (Sweden).

The letter is online at

https://m.facebook.com/profile.php?id=381173525380791

Members of the arts community wishing to publicly state their support of the UCSD boycott are asked to contact Mar Moreno at punkmar77@ymail.com

While the Che Café is appealing an unfavorable unlawful detainer judgment that was issued last month Che Café members and supporters are urging everyone to make phone calls or send emails to faculty and alumni you may know as well as to U.C.S.D. Chancellor Pradeep Khosla, Vice Chancellor Juan Gonzales, and U.C.S.D. Legal Counsel Daniel Park’s office and urge the above stated bullet points. Supporters are also urged to contact Governor Jerry Brown, state legislators, UC system-wide President Janet Napolitano and the UC Board of Regents.

Donations to the Save the Che Café campaign, for legal defense and to mitigate lost revenues can be made at: http://www.gofundme.com/b4hda8

 

 

2 New Articles on C.H.E. Cafe

The UCSD administration has still not posted the 5-day notice to vacate the building. Maybe now they are planning to wait until people leave the campus for the winter vacation?

Meanwhile two good articles have come out. One is by Ken Leighton in the San Diego Reader and it explodes the Big Lie that UCSD administrators have been concerned about the “safety” of the C.H.E Cafe building. The other article is by Arun Gupta in Telesur about the importance of community spaces like the C.H.E. Cafe.

Here are the articles:

“A question of safety…and address”
http://www.sandiegoreader.com/news/2014/nov/24/blurt-question-safetyand-address/

“Spaces of Hope:
Radical Movements Need Radical Spaces”
http://www.telesurtv.net/english/news/Spaces-of-Hope-Radical-Movements-Need-Radical-Spaces -20141202-0023.html

 

Legal expenses continue to mount and business (and revenue) has been substantially disrupted by the uncertainty of if and when a 5 day notice to vacate may be posted on the building. Donations to the fund to Save the C.H.E. Cafe can be made at http://www.gofundme.com/b4hda8

 

UCSD ADMINISTRATION PLANS EVICTION OVER THANKSGIVING?

_MG_3211March on the Chancellor. Photo by Fred Lonidier.

LA JOLLA – November 21, 2014. On Wednesday, November 19, UCSD administrators decided to seek a writ of possession to enforce an earlier unlawful detainer judgment and evict the CHE Cafe Cooperative and any students from the cafe space it has continuously occupied for over 34 years. Despite a resolution by the UCSD Associated Students Council (AS) asking the Chancellor to not proceed with posting a 5-day notice to vacate, and 14,000-signature petitions and open letters demanding that UCSD stop the eviction actions against the C.H.E. Cafe, delivered to the Chancellor earlier this month, action by the administration to evict the CHE Cafe continues rather than negotiations for a new lease agreement with the Co-op.

When the new Vice Chancellor for Student Affairs, Juan Gonzalez, addressed the UCSD Associated Students Council (AS) on November 5, he told them that the eviction would go forward because the administration had no choice because the court has a concern about the “safety” of the building. The issue of “safety” was not raised in the eviction trial and was not the basis for the court ruling. The administration has not cited any specific legal code to support its public claims of a “safety” problem at the CHE building. The Fire Marshall did the annual C.H.E. Cafe building inspection on April 17, 2014 and wrote up his findings that the building is safe.

UCSD Public Records officials said on November 20 that there is no Fire Marshal Report from the April 17, 2014 inspection of the CHE facility that was performed by the Fire Marshal under the supervision of University Center Assistant Facility Director, John Payne. CHE Cafe members were at the UCSD public records office earlier this week to pay for the copies of a large release of UCSD records regarding the Cafe. They say the official told them almost all of the records were ready to hand over, with the exception of the 2014 Fire Marshall’s report, which she was still “working on”. The CHE members say the official had the Fire Marshall’s report up on her computer screen, and that they should have taken a picture of the screen when they saw it!

In Payne’s email to the CHE after the inspection he stated: “I wanted to Thank you for all your efforts in keeping the Che Cafe facility safe. The Fire Marshal was extremely pleased at all the efforts that have been made and has signed off on the inspection. Other than 1 minor item in the Darkstar [non-CHE] space the facility is looking good in terms of safety. He will return annually to inspect the facility based on my conversation with him this morning. Once again thank you for all your efforts in keeping a safe facility.” All other documents the University is relying upon as to safety and necessary maintenance upgrades are from 2012 or earlier and have been contested and challenged by independently hired engineers and experts.

The Co-ops were hopeful when UCSD Chancellor Pradeep Khosla sat to meet with faculty, expecting negotiations may be moving forward. Some members of the faculty have publicly warned that using the UC Police Department to force students out of the CHE Cafe could result in violence. All that was offered from the administration was that the University’s deferred maintenance on the CHE Cafe could possibly be funded through a student fee referendum that would also mainly include funding for the University Center’s buildings and programs which are also running huge deficits and in crisis. This is an unreasonable and non-concrete proposal and offer.

The CHE Cafe remains flexible and open as to a range of possible solutions that would allow it to continue leasing and operating in the facility. Some alternatives might include allowing the Cooperative to fundraise money and contract for any necessary repairs or safety issues. It could include allowing the space to be shared and co-funded with other entities such as the Craft Center that have been shut down and left empty for the same reason. It could involve the University borrowing or using other funds to start any maintenance which is shown to be immediately necessary. So far, the University has not asserted any safety issue concern is an actual legal or lease violation. The building has never been “red tagged” (as uninhabitable) and the Co-op’s insurance policy remains in full effect.

Despite adding so much value to the University and the overall San Diego community the Cafe receives no student fee money for events and costs the University virtually nothing for its programming and is self-sustaining, unlike most University programming. All the University was obligated to pay for under the lease was building and structural maintenance. The University has spent very little over the past 34 years to maintain the structure and now it is attempting to punish and evict the Co-op as a result of its deferral of that structural maintenance.

The 4 UCSD student co-ops were owed several lease extensions but UCSD staff and administrators avoided, stalled and misled students into thinking they were safe under the existing lease and could not be given notice while lease modifications were being negotiated. Now the University has terminated the CHE lease and seeks a forcible eviction.

CHE Cafe members and supporters are urging everyone to make phone calls or send emails to faculty and alumni you may know as well as to Chancellor Khosla, Vice Chancellor Gonzales, Legal Counsel Daniel Park’s office and urge the administration to:

1– stop the eviction
2– stop the false statements and justifications about “safety” issues with the building when the building is perfectly approved and insured to be in operation;
3– stop threatening students with the use of armed UC police officers and forcible removal from the student fee-funded C.H.E. Cafe building
4– return to the bargaining table and sign new lease agreements with the C.H.E., the 3 other student-run campus cooperatives, and the Craft Center.

_MG_3186

 Pre-March Rally at CHE Cafe, for March on the Chancellor.
Photo by Fred Lonidier.

To read comments from supporters, show your support, and/or donate to the C.H.E., please visit:
http://checafe.ucsd.edu/?page_id=58#HowToHelp
http://checafe.ucsd.edu/
http://thechecafe.blogspot.com/
http://www.gofundme.com/b4hda8
https://www.facebook.com/savetheche

MUSIC, ART, AND A SMALL PART OF THE C.H.E.’s LEGACY:

A short list of national and international indie acts who played the C.H.E. includes:

At the Drive-In, Blonde Redhead, Black Dice, Blink 182, Botch, Bright Eyes, Citizen Fish, Billy Corgan, Chumbawamba, the Descendents, Deerhoof, Dum Dum Girls, Green Day, Hella, Inside Out, Jawbreaker, Jets to Brazil, Jimmy Eat World, Lightning Bolt, Los Crudos, Mike Watt, No Age, Pennywise, Rise Against, Sleep, Subhumans, The Dillinger Escape Plan, The Get Up Kids, The (international) Noise Conspiracy, and Unwound, among many, many others.

A few of San Diego’s seminal artists that have been hosted by the C.H.E. include:

Album Leaf, Antioch Arrow, Aspects of Physics, Crossed Out, Clikatat Ikatowi, Crash Worship, Rob Crow, Diatribe, Drive Like Jehu, Gogogo Airheart, Heavy Vegetable, Heroin, Physics, Pinback, Pitchfork, Patricia Rincon Dance Collective, Rocket from the Crypt, Struggle, Swing Kids, Retox, The Black Heart Procession, The Locust, Three Mile Pilot, Mario Torero, and Weatherbox, among several others.

 _MG_3185Pre-March Rally at CHE Cafe, for March on the Chancellor.
Photo by Fred Lonidier.

Monday, 11/17 Benefit in Support of the C.H.E. Café

Monday at 6:00pm, November 17, 2014
Tiger!Tiger! 3025 El Cajon Blvd, San Diego, California 92104

Hosted by Tiger!Tiger! & the C.H.E. Café Support Network, the evening will feature DJs Rob Crow (Pinback) and Justin Pearson (the Locust) as well as an Art & Photo Auction with lots of musical offerings to choose from and bid on.
And we’re happy to offer a screening of the brand new documentary by Bill Perrine -> “It’s Gonna Blow!!!” Screening at 7:30. Doors open at 6.
Come out for a celebration of the C.H.E. Cafe’s history, and a fundraiser!
Suggested donation $5.
Monday Nov. 17, 6 pm, at Tiger Tiger.
3025 El Cajon Blvd, San Diego, California 92104
Donations of art/photos/any CHe-related stuff welcome!
Kids welcome!  Please distribute widely!
image1.PNG
“THIS IS A SAFE SPACE. Regardless of your race, gender, sexuality, ethnicity, religion, abilities or background, you will each receive the respect you deserve. Remember that your words have power. If you are made uncomfortable by a fellow attendee’s words or actions, please inform a volunteer. Homophobic, sexist, racist, or transphobic language will not be tolerated in this space, nor will physical violence. Respect each other and respect this space. Be kind.
–The CHE Cafe.
 

3 Save the CHE events, Sunday and Friday

 

Sunday, November 9, 10:00am – 5:00pm:

C.H.E.CAFÉ BEAUTIFICATION BONANZA
and Know Your Rights training at noon
 

Friday, November 14:

SAVE THE C.H.E. RALLY: THE C.H.E. TAKES FOUNDERS DAY

 

Photo by DeeDee Halleck

This Sunday, November 9th, we are gathering together to give the C.H.E.Cafe some T.L.C. We will be doing a general cleanup, drought tolerant plant planting, and simple interior/exterior beautification. There’s no better way to stave off this early darkness than by planting the seeds for more luminous days ahead!

WHAT’S NEEDED:

1) YOU! – Come hang out, lend a hand, and get caught up on all the latest happenings going on with the fight to save The C.H.E.!

2) General Cleaning, ELBOW GREASE – Smell that? ::SNIFF:: Smells like a reckoning for unwelcome grime. Arm thineself with crisp lemon scent!

3) Donations – In an effort to make the C.H.E. Café a more beautiful bastion for all to enjoy, we are asking for any donations of:
- drought tolerant plants
- planter boxes/pots
- and/or other garden materiel
- paint brushes
- brooms
- mop heads
- miscellaneous cleaning materials!

These are lasting gifts, and will go a long way to convey the convergent growth now being felt in daily operations of the cafe. Help make the C.H.E. look as great as we know it is!

 

KNOW YOUR RIGHTS TRAINING

 

At noon, we’ll have another know your rights workhop for any who couldn’t attend the last one, or would like to learn more.

 

Finally, the C.H.E. will be open 24/7 from now until our legal struggle gets sorted out. If you’d like to drop by and see how things are progressing, feel free. Again, we can’t thank you enough for your assistance through all of this. The C.H.E. Cafe has been a home for so many musicians, artists, students, and misfits over the course of it’s 34 year history, and because of your continued efforts, we can make sure the C.H.E. will be around for the next generation to enjoy.

Support DIY Spaces!

The C.H.E.Café is a volunteer run, safe(r) and sober space. Please leave the booze/drugs and bigoted words/actions at home Invite friends, spread the word!

(A)(E)

 

Photo by DeeDee Halleck

FRIDAY 11/14 MARCH ON THE CHANCELLOR(S)

On October 28th we rallied and delivered a petition with over 14,000 signatures to the office of the UCSD chancellor, requesting the university cease the eviction actions against the C.H.E. Café. We left with them with the promise that if they didn’t respond within 14 days, WE WOULD NOT BACK DOWN AND WE WOULD BE BACK TO DEMAND AN ANSWER.

_MG_3228100 march on Chancellor and deliver 14,000
petition signatures. Photo by Fred Lonidier.

Since then, the student governing body A.S. has passed a resolution demanding a moratorium on eviction proceedings until they are able to make further determinations about the status of the C.H.E. Members of UCSD faculty have also met with Administration officials and requested that they cease the eviction. The Chancellor and the rest of the UCSD administration have decided to completely ignore both the voice of the students in A.S. and members of the Faculty. The administration’s plan to carry on with their attempt to evict the C.H.E.continues.

On Friday, November 14th UCSD is celebrating our founders by throwing a big festival, complete with speeches from both past and present chancellors! Our plan is to march through campus and get ANGRY and LOUD until we hear a response from the chancellor, once again, demanding the university end their eviction actions against the C.H.E. Café and return to the negotiating table. If they won’t answer us – WE WON’T let them carry on with business as usual.

This is the beginning of a larger attack on the co-ops. We can’t let the UC dismantle all the student run co-ops. We have to rise up, we have to act up NOW!

ALL POWER TO THE CO OPS

We ask everyone to bring your own signs and banners, and music and noise makers. Let’s bring the ruckus.

DIRECT ACTION GETS THE GOODS.

In Solidarity,

The C.H.E.  Cafe Collective

 Photo by DeeDee Halleck

C.H.E. Cafe Rapid Response Team, please sign up!

 
On Monday, UCSD Chancellor Kholsa told a delegation of faculty supporters of the C.H.E. Cafe that the eviction will go forward (despite the UCSD Associated Students Council resolution against it, adopted a week ago). He said the 5 day notice will be posted on the building as soon as UCSD gets the final court papers in their hands.
.
If the UCSD administration tries to carry out a court eviction order and lock us out, it could happen at any time of the day or night. We would need as many supporters as possible to come to the Cafe to show support. UCSD Co-ops had to do this in the past, and hundreds of people did show up at 3 a.m. It saved the day.
.
We need as many supporters as possible, who live in the San Diego area, to sign up for our rapid response team. If needed, you would agree to be called at any time, 24 hours a day. If called and if able to do it, you would agree to come to the Cafe immediately. If you could not come immediately, you would agree to come as soon as you could.
.
Please use our online sign-up form to join our Rapid Response Team. Click here (or copy/paste it into your browser):
.
https://docs.google.com/forms/d/1kJpw2Ostc3KfHtheAqp5vKDTkmNn88mjMiEFoOuUhT4/viewform?embe dded=true

 

click here to see

SAVE THE C.H.E.! PHOTO BLOG BY DEEDEE HALLECK

See also  photos by Fred Lonidier, of the 10/28/14 March on the Chancellor,  at photos.

A.S. to Chancellor Khosla: Stop the Eviction!

The Associated Students Council of UCSD, representing 20,000 undergraduate students, adopted this resolution at their meeting of Wednesday, October 29, 2014. The resolution refers to the “GSA”. The GSA is the Graduate Students Association of UCSD, which represents 5,000 graduate students. The GSA Council voted on Monday, October 27, 2014 to conduct its own investigation of the UCSD administration’s lawsuit to evict a student organization from a student fee-funded facility. The C.H.E. Cafe Collective is a registered student organization. The C.H.E. Cafe building is maintained by self-assessed student body fees, approved by student body referendum, as opposed to public tax based University funds. The ASUCSD was not consulted about the UCSD administration’s decision to evict the C.H.E. Cafe.

 

RESOLUTION TO FORM AN ASUCSD AD HOC COMMITTEE WITH THE PURPOSE OF INVESTIGATING THE STATUS OF THE CHE CAFE COLLECTIVE AND CHE FACILITY, AND TO CALL FOR THE UNIVERSITY TO REFRAIN FROM IMMEDIATE ACTION UNTIL THE ASUCSD AD HOC COMMITTEE HAS ISSUED ITS FINAL REPORT

Sponsored by AVP EJA Sierra Donaldson, Women’s Commission Chair Simran Anand, and First Year Senator Philip Huh

WHEREAS the GSA, on October 24th, has formed an ad-hoc committee to investigate the future of the CHE Cafe Collective, and

WHEREAS the written notice of eviction by the University is impending and action by ASUCSD is timely and necessary, and

THEREFORE BE IT RESOLVED that ASUCSD will form an ad hoc committee effective immediately until the end of the 2014-2015 academic year in order to investigate the status of the CHE Cafe Collective and the CHE Facility and provide weekly reports to the ASUCSD Council, and

BE IT FINALLY RESOLVED that the ASUCSD calls upon the University to refrain from immediate action regarding the CHE Cafe Collective and CHE Facility until this Ad Hoc Committee has issued its final report.

 

 

Know Your Rights legal training, Friday; updates

This e-blast was sent to the C.H.E. Cafe’s new supporters’ email list on Tuesday, October 28, 2014.

 

Dear Friends of the C.H.E. Cafe,

This email is to provide you with a quick update on the C.H.E. Cafe in light of the UCSD administration’s recent legal attack and attempt to evict the Collective from the space.

As you are well-aware, the C.H.E. Cafe (originally, “Cheap, Healthy Eats”) (the “Che”) has been a student-run, cooperative, all-ages, sober café, venue, and creative space on the campus of UCSD since 1980. For thirty-four years, the Che has promoted socially-conscious thought, hosted new ideas, musicians, and artists, and nurtured the DIY (do it yourself) spirit. It has allowed people of all ages to experience culture and diversity in a positive, progressive, safe environment. In this way it has become an iconic, historical space in San Diego.

As you may also know, UCSD filed an eviction notice to shut down the Che. Last week, a judge ruled for the University, giving it the right to proceed with a lockout. Contrary to what the University expected, the Che, its community, and its supporters are not going to fold. The attempted eviction has spurred us into action and we are asking you to join us in continuing this fight. Some examples of the exciting things happening now are below.

This morning, a Save the Che rally of 100 people met and marched to give the University chancellor a copy of the petition that you and 14,000 other people signed. The chancellor was not available to take them, and we promised that if we don’t hear from him in a week, we’ll be back. Further details on further protests will be available in the near future.

Tomorrow, 10/29/14, at 8:45 a.m. in Judge Bacal’s court room, 330 W. Broadway (downtown San Diego), Department 69, the Collective’s attorney will present a challenge to the court’s ruling, a proposed statement of decision, and the evidence relied on. Please come to court if you can. Like all our court cases, the more people we have to represent us, the better. Please remember to dress appropriately for court.

Tomorrow evening, UCSD’s Associated Students will vote on a proposed resolution to support the Che Cafe. Like the court date, we would be greatly helped by a demonstration of support.. The meeting is at 6:00 pm on the fourth floor of the Price Center on the UCSD campus. Following that meeting, we will be having a show at the Che Cafe. Having a fun time in the space is as much a part of the struggle as anything, and we invite anyone supportive of the Che to come party.

This Friday, October 31st (exact time TBA, but likely starting at 3:00 p.m.), there will be a know-your-rights workshop by civil rights attorney and USD law professor Alex Landon to provide training and information to those of us who will engage in more protests and civil disobedience to stop the Che’s eviction. Frankly, the UC has already demonstrated that they’re willing to fight dirty in their efforts to shut down the Che, and we want to ensure that everyone is informed and empowered if the UC continues to exert their power at our expense. We will likely be holding a legal observer training that day as well, if you would like to learn how to be an effective witness when there is a protest/civil disobedience action.

Various other actions and fundraisers are planned, so please stay tuned! If you are unable to come out in person, please consider lending your support with a letter, email, or phone call to the administration (links below), and/or making a donation (link also below). We also greatly appreciate your comments, re-tweets, blogs, likes, words of encouragement, agit-prop ideas, and any other actions in solidarity!

Thank you for helping to ensure that the Che Cafe can continue to entertain, feed, and inspire people as it has for 34 years!

For more information and to lend your support, please go to:
http://www.gofundme.com/b4hda8
http://checafe.ucsd.edu/?page_id=58#HowToHelp
http://checafe.ucsd.edu/
http://thechecafe.blogspot.com/

In Solidarity,

The Che Cafe Collective
You are receiving this email because you signed our petition to support the Che Cafe Collective in its current struggle. We thank you for your continued support.

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Student and Community Outrage Following the UCSD Administration’s Legal Attack on the Historic CHE Café

 

The Collective and Its Supporters Vow to Save the CHE:
Rally and March at UCSD on Tuesday, October 28, 10:00 a.m.

LA JOLLA – Tuesday, October 28, 10:00 a.m., – rally and march from the C.H.E. Café to the UCSD Chancellor’s office to personally deliver 14,000-signature petitions and open letters* demanding that UCSD stop the eviction actions against the C.H.E. Cafe, restore basic building maintenance funding, and order his administration to return to the negotiation table. Students and alumni are seeing the UCSD administration’s attack upon the C.H.E. Cafe as the opening salvo in a new war against all of the student-run campus cooperatives. The four campus co-ops share the same Master Space Agreement lease terms with UCSD. All four co-ops have been unable to get the administration to negotiate terms for an extension of the lease, since 2008. In the courtroom, lawyers for UCSD painted the picture that the lease negotiation problems were just about the C.H.E. Café, when in reality they followed years of refusal by the administration to meet with students and supporters regarding the lease at issue.

Students and alumni are alarmed that the UCSD administration took the eviction action into court without the consent of the student body. The C.H.E. Cafe building is one of the complex of facilities on the campus which are funded by self-assessed student body fees, not UC Regents’ funds. Because of this distinct status as student-fee funded facilities, it is the policy of the UC Regents and of the UCSD administration that a student-controlled board has jurisdiction over space allocations to student organizations housed in the Student Center, the Price Center and the C.H.E. Cafe building. That board is the University Centers Advisory Board (UCAB), comprised of student representatives and non-voting representatives from the faculty and campus staff. The UCSD administration completely bypassed UCAB’s jurisdiction by filing the eviction lawsuit against the C.H.E. Cafe. The alleged “de-certification” action by the Graduate Student Association (“GSA”) that the Administration also relies on was equally flawed and is being challenged by the Collective in court.

Built in 1942, the C.H.E. Cafe building is one of the last of the original Camp Matthews, World War II era buildings still in use on the campus and also became the first student center on the new UCSD campus in 1966. UCSD administrators have claimed the building is “too old” to be worth maintaining and have stated in writing that they “may” save the murals on the building, if it is not “too expensive”. The muralists include a number of highly-respected local artists. Supporters want the building to have protected historic site designation.

Members of the University, San Diego, and art/music communities are also outraged that the entire public relations campaign the UCSD administration has waged against the C.H.E. Cafe has been based upon demonstrably false premises. There is no urgent fire safety issue. There is no repair or upgrade to the building which requires completion this year. There is no funding crisis because the Cafe generates most of its own essential operational revenues. One alumni, Monty Kroopkin, observed that “The UCSD administration has chosen the aggressive abandonment of reason and the sort of anti-collaborative, non-negotiation tactics we sometimes see when corporations engage in illegal union-busting campaigns.” Kroopkin is a former co-chair of the UCSD student government and a union shop steward.

The C.H.E. Cafe, for over 34 years, has been one of the only (some say the only) Safe Space for campus events. Rather than recognizing the invaluable contribution the Cafe’s Safe Space Policy has made to the lives of women, LGBTQ and other minority students, faculty, staff and community members – especially high school students — the UCSD administration is arrogantly threatening to destroy it.

All are invited to join the protest action.

See the students’ notice of the action at http://thechecafe.blogspot.com/2014/10/save-che-rally-che-chats-with-chancellor.html

* See enclosed electronic copies of online petitions and open letters. A hard copy of the additional paper petitions is available on request.

 

To read comments from supporters, show your support, and/or donate to the C.H.E., please visit:
http://checafe.ucsd.edu/?page_id=58#HowToHelp
http://checafe.ucsd.edu/
http://thechecafe.blogspot.com/
http://www.gofundme.com/b4hda8

Eviction Ruling Outrages Community

Sign our petition by clicking here.

Judge Rules on UC Regents’
Eviction Lawsuit
Against the CHE Cafe

SAN DIEGO – On Tuesday, October 21, 2014, at approximately 10:00 a.m., San Diego Superior Court Judge Katherine Bacal issued a ruling in favor of UCSD in the eviction lawsuit filed by the Regents of the University of California/UCSD at the behest of a select core of administrators (“Administration”) against the C.H.E. Café Collective over the use of the iconic 34-year old, vegan, student-controlled venue and creative space, the C.H.E. Café.

Upholding the Collective’s main legal theory, Judge Bacal rejected the Administration’s claim that the dispute resolution provisions of the lease did not apply to the termination at issue in this case. However, she also found there was insufficient evidence that a formal request for dispute resolution had been made by the Collective, thus permitting the Administration to terminate the lease at will. Yet, the Administration had acknowledged a request for dispute resolution had been made but had argued it was mooted by a previous lawsuit filed by the Collective that was later dismissed. In addition, the Collective was reassured in various conversations that it was protected by a ‘holdover status’ provision in the lease and that it did not need to worry about an eviction. Completely disregarding these earlier reassurances, the University filed its eviction lawsuit and argued in court that dispute resolution was never formally requested by the Collective. Ignoring the true facts and history of negotiations, the Administration was able to convince the Judge that the formal requirements for invoking dispute resolution had not been followed by the Collective, and the Court ultimately held that thus the Administration had a right to terminate the lease with the Collective.

“I am glad the judge sided with our position that the dispute resolution provision portion of the lease applied to this termination,” stated Bryan Pease, attorney for the Collective. “I am just a bit perplexed that the basis for ruling in favor of the University was lack of evidence that dispute resolution had been requested, when there was evidence before the Court that it had been, and when both parties addressed it in closing arguments. The University misled its own students throughout the last several years by consistently asserting that dispute resolution did not apply, and that the Collective did not need to formally request dispute resolution as part of the lease terms. Unfortunately, apparently applying the same tactics, the University was able to convince the Court that it had the right to evict the Collective at will.”

The Collective and its supporters are disappointed by the ruling which upholds the Administration’s unfounded attack on the San Diego artistic landmark, but vow to continue to maintain its existence and legacy. Preparation for a possible appeal of the ruling and other legal action will continue. Organizing protest activity and lobbying will also continue. The C.H.E. Cafe and supporters believe the student government councils and boards will do the right thing, once the true facts and history are laid bare. Likewise we believe that the Academic Senate and the State Legislature will be strongly opposed to the UCSD administration’s abuse of power, once they are fully familiar with the facts.

The Collective and its current supporters renew their request that the Administration return to the negotiating table toward a mutually-beneficial resolution to this dispute. The Collective invites any and all supporters to join it in DEMANDING that the Administration cease its attack and roll back the eviction process. We note that this is not the first time that the UCSD Co-ops have been threatened with completely unjustified evictions. On more than one occasion students have been compelled to physically occupy and sit-in at the Co-ops to block eviction attempts by the University.

To read comments from supporters, show your support, and/or donate to the C.H.E., please visit:
http://checafe.ucsd.edu/?page_id=58#HowToHelp
http://checafe.ucsd.edu/
http://thechecafe.blogspot.com/
http://www.gofundme.com/b4hda8

[FURTHER INFORMATION AND BACKGROUND]
BACKGROUND

· The C.H.E. Café (originally “Cheap Healthy Eats”), founded in 1980, is a student-run, cooperative, vegan café, venue, and creative space, hosting hundreds of independent artists and musicians over its 34-year history. It is one of 4 student cooperatives on the campus of UCSD.

· UCSD’s Administration, ignoring the rights of students to control student fee-funded spaces, filed a lawsuit in court to evict the Café. The Administration’s bias against cooperatives, misunderstanding of the C.H.E. Café, and failure/refusal to work with students underlies its legal actions to force the Collective out of the student fee-funded space, despite years of good faith efforts by the Collective to comply with every directive of the Administration. The Collective has requested dispute resolution and negotiations with the Administration but has been rebuffed.

· The Collective is asking the Administration to come back to the negotiating table and stop the expensive student/public fee-funded legal offensive against the space.

· The Collective requests the help of the public at large and the San Diego art and music community to save the space and ensure that it is recognized and appreciated for the place it has in San Diego and UCSD history.

EVICTION LAWSUIT

Despite receiving hundreds of emails, calls, and letters of support from UCSD students, alumni, faculty, staff, organized labor, and community members, as well as petitions signed by over 14,000 supporters following its Notice of Termination against the Collective, the Administration opted to use student and public funds to hurriedly evict the Collective in court. The lawsuit followed the Administration’s rejection of several good faith attempts by the collective to negotiate the issues and a proposed resolution.

The Administration argues that the 2006 Space Agreement between UCSD and the UCSD student/worker cooperatives, including the C.H.E., should be ignored. The agreement was intended to last through 2016, when the parties could then re-negotiate it. Instead, in late May when students were leaving for the summer, the University, along with members of the UCSD Graduate Student Association (“GSA”), secretly pushed through a flawed resolution “decertifying” the Collective, so the University could bypass the agreement.

It is estimated that UCSD has spent at least $76,000 in public and student funds on its high-paid outside attorneys, including the firm Kimball, Tirey, and St. John, who was recently replaced by the firm of Paul, Plevin, Sullivan & Connaughton LLP (“Paul, Plevin”). Paul, Plevin specializes in the aggressive defense of employers when sued by workers over discrimination, harassment, wrongful termination, and wage & hour claims.

The attempted eviction is the latest in the ongoing historical attack on the Collective by the Administration, which not only refused to meet with students to discuss any issues related to the Café, but actively interfered with the C.H.E.’s ability to operate as a café, including blocking a $35,000 grant to the CH.E. by another student organization and cutting off the gas lines at the Café so it could no longer cook and sell food (a large part of its revenue). Despite these attacks, the Collective repeatedly requested meetings with the University administrators, but the Administration continued to ignore and/or rebuff attempts to work together.

The C.H.E. filed its own action against the University to challenge the alleged GSA decertification is considering other legal actions. Meanwhile, the C.H.E. continues to operate as it has since 1980, as a student-controlled, democratically-run space on campus for students to have a safe and alcohol-free atmosphere for entertainment and meetings.

Several fundraisers and other events have been planned, with more information to be released. Supporters continue to join the cause, not the least due to the hundreds of iconic artists and musicians who have been hosted over the years, including those listed below.

MUSIC, ART, AND A SMALL PART OF THE C.H.E.’s LEGACY:

A short list of national and international indie acts who played the C.H.E. includes:
At the Drive-In, Blonde Redhead, Black Dice, Blink 182, Botch, Bright Eyes, Citizen Fish, Billy Corgan, Chumbawamba, the Descendents, Deerhoof, Dum Dum Girls, Green Day, Hella, Inside Out, Jawbreaker, Jets to Brazil, Jimmy Eat World, Lightning Bolt, Los Crudos, Mike Watt, No Age, Pennywise, Rise Against, Sleep, Subhumans, The Dillinger Escape Plan, The Get Up Kids, The (international) Noise Conspiracy, and Unwound, among many, many others.

A few of San Diego’s seminal artists that have been hosted by the C.H.E. include:
Album Leaf, Antioch Arrow, Aspects of Physics, Crossed Out, Clikatat Ikatowi, Crash Worship, Rob Crow, Diatribe, Drive Like Jehu, Gogogo Airheart, Heavy Vegetable, Heroin, Physics, Pinback, Pitchfork, Patricia Rincon Dance Collective, Rocket from the Crypt, Struggle, Swing Kids, Retox, The Black Heart Procession, The Locust, Three Mile Pilot, Mario Torero, and Weatherbox, among several others.