So perhaps it might be good to look at how universities are financializing other parts of their operations.
FOR IMMEDIATE RELEASE
July 10, 2014
The
Che Café Collective, a world renowned cultural icon and UCSD landmark
that operates as an all-ages music venue, performance space and cafe,
will not be so easily uprooted by University officials after over three
decades of continuous operation and huge support from students and the
public.
In
a hearing today on a temporary restraining order, a judge ruled to keep
the Che in possession of the space and preserve the status quo until a
more full hearing on the merits can be held. This preliminary injunction
hearing is scheduled for August 1, 2014. If the Che prevails in the
injunction hearing, it will maintain possession of the space until a
final resolution is reached in the breach of contract lawsuit filed by
Che’s legal counsel, Andrea Carter, against the University Regents and
by extension, the University of California San Diego (UCSD) on July 7,
2014.
The
lawsuit takes issue with University breaches of the Space Agreement
lease signed in 2006 and whether the University is able to give a Notice
of Termination pursuant to the terms of the Agreement. It also
contests the University’s actions in denying dispute resolution and
avoiding the grant of an extension to the Che. It further alleges the
University has acted in bad faith by seeking or instigating lease
violations or other reasons to displace the Café.
The
Che Café is one of four largely student-operated cooperative nonprofits
on campus. It was founded in 1980, when students pushed for the
Facility to become a student-run space, rather than a faculty club,
since student fees pay for building maintenance. The name CHE is an
acronym for “Cheap Healthy Eats;” initially an all vegetarian
restaurant. The organization began hosting music performances which
made it famous in the mid-1980s and gave many now well-known musicians
their start. Like the other student cooperatives (co-ops), the Che has
had continual extensions of their lease or new leases drafted and signed
for the past 34 years.
The
University officially gave its Notice of Termination for the lease due
to the failure of the Graduate Student Association (GSA), one of two
representative student government bodies charged with certifying that
the all the campus cooperatives are financially sound and in the best
interests of students, to certify the Che. These determinations are to
be used for extending the lease and as measures for determining student
support for the venue’s continued functioning. However only the GSA
Board passed a resolution not to endorse the Che’s continued operation. The
Associated Students (AS), the representative undergraduate student
governance body did not pronounce on the matter. The GSA decision was
arrived at after considerable involvement and influence from University administrators and legal counsel, who helped draft the resolution.
The University also continues to avoid full disclosure of its rationale for seeking the closure and displacement of the Café,
which so many view as a legendary jewel and valuable asset to the
University. It has offered many pretextual reasons and concerns that
defy common sense or are matters that cannot be quickly addressed and
remedied without terminating the Café’s possession and lease.
In
public statements, UCSD administrators have alleged that the decision
to terminate and close the Facility involves matters of health and
safety, citing a 2012 Fire Marshal recommendation that upgrades be made
to the building. These include an overhead fire sprinkler and fire
alarm system. If these upgrades were actually vital, they would have
been deemed mandatory rather than recommended, and the Fire Marshal
would have ordered the venue closed. Instead, the Fire Marshal signed
off on the cafe for the year in a follow up inspection of April 17,
2014. Further, the building has been in use by the Che Café and other
university affiliates before it for nearly fifty years without any
safety incident or any expression of safety concerns by UCSD
administrators. As well, the Che Café has insurance and a full
indemnification agreement with the University.
The
Che Café points to a long history of UCSD administrators falsifying
estimates for building maintenance costs and purposely misleading
student government and student centers’ boards which oversee the annual
operating budgets. UCSD currently estimates that over $700,000 of
repairs are needed. However, independent estimates amount to less than
ten percent of that amount.
UCSD
waited to give termination notice until the end of the Spring term, as
students were leaving campus for the summer. Despite UCSD's underhanded
tactics, students continue to campaign on behalf of the Che Café. To date, it
has amassed huge support from its attendees and musicians. This is
evidenced by the outpouring of public comment and letters of support
addressed to the University, not to mention the over 11,500 signatures
on an online petition. The online comments posted by petition signers
show a broad base of students, alumni, campus staff and faculty and the
surrounding community in strong support of the Che. The Che Cafe is one
of the few affordable entertainment and live music venues not to serve
alcohol. It promotes a safe, respectful space that all people can
enjoy and often offers local and independent or student-programming.
All this is extremely rare in San Diego and increasingly everywhere in
the U.S.
Arguably,
the real reason for the lease termination is economic. And this is why
non-students and the broader community should care and join this push
to preserve the venue, even if you have never attended or heard of it
before. The University administration has shifted to decisions rooted in
valuing revenue-generation and profit-seeking above all else. The Che
Facility does not bring in windfall profits for the University. It
stands in contrast to a Starbuck’s licensed cafe, or a parking lot where
each space brings in hundreds of dollars, or even to a new science
building that can house researchers securing grant dollars from which
the University can take a sizeable cut. The
social spaces the University seems to prefer are privately operated,
profit-driven and not dedicated to providing practical educational
opportunities, self development and creative expression and growth that
more traditional spaces like the Che Cafe affords.
This
financialization-based shift and near unilateral focus in deciding and
stewarding our common and public resources is happening not just at UCSD
or in many campuses across the U.S. but within many institutions,
municipalities, and entities charged with safeguarding or managing our
collective resources and rights. Who will watch the watchers? When these
transgressions and power plays occur, the University and Regents are
making it increasingly difficult to exercise free speech and protest on
campus if you are not a student or staff through its policies, most
recently, PPM 510.1 Affiliate Free Speech Policy. Do not wait until all
our rights and spaces are stripped from us. Stand up and defend this
space with us. A loss here is not just a loss of the Café and its
attendees, but a diminishment of all of us who enjoy access to
independent creative expression, entertainment, healthy food and
authentic culture and community.
A
fundraising campaign has been launched and the Che Café is requesting
donations to cover legal expenses, improvements and maintenance to the
building which the university has failed to provide, and mitigation of
lost income from disruption of the concert schedule. Supporters of the
Che can contribute to these expenses in any of these ways:
· Attend the Che Café during a scheduled concert
· By mail at:
CHE Café
9500 Gilman Drive M/C 0323
La Jolla, CA 92093-0323
For further information contact:
Chris Burnett, chris@indymedia.org UCSD graduate, Host of 'Indymedia On Air' on KPFK 90.7 FM Los Angeles
Supporters
are also encouraged to express their concerns about UCSD's course of
action to the administrators responsible. Letters of support can be sent
to these individuals, at these email addresses:
· Chancellor Pradeep Khosla chancellor@ucsd.edu
· Vice Chancellor Gary Matthews: gcmatthews@ucsd.edu
· Vice Chancellor Alan Houston: ahouston@ucsd.edu
· Associate Vice Chancellor Gary Ratcliff: grratcliff@ucsd.edu
· UCEN Director Sharon Van Bruggen: svanbruggen@ucsd.edu
· Associated Students President: aspresident@ucsd.edu
· Graduate Student Association President: president@gsa.ucsd.edu and vpinternal@gsa.ucsd.edu
Please also "cc" your support letter/email to the CHE Cafe at support@checafe.ucsd.edu
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ADDITIONAL MATERIALS:
Petition and comments
UPTE open letter to Chancellor
Save the Che Cafe! Letter of solidarity from Zack de la Rocha
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