Moving On: Alabama Country Nights

With Thursday's good news that the Pack family heirs prevailed in court, I went ahead with plans to gather with my friends and their friends at the Fredonia Community Center, near Lannett, Alabama, in a vintage 1920s schoolhouse for a wedding celebration.

I trusted that at least some of the scores of supporters who twice packed the courtroom for the hearing on the Pack Deed would be willing to help continue the Magnolia Watch until its protection is assured. I'm glad to see Mountain Xpress has a webcam up close enough to record goings and comings of any vehicles to the Magnolia's realm.

So after a day's drive, I strung my hammock in an apple orchard on the farm of my longtime good friends, Judy Collins and Jim Allen with the Vine and Fig Tree community. The Alabama stars were bright and the new moon night dark as I fell asleep to the cricket song and awoke to the crowing of Kathy and Jack Cumbee's prize roosters. I grazed on muscadine grapes and sweet figs, red raspberries and passion fruit, ripe apples and tangy sorrell and I sweated out as much sweet tea and lemonaide as I could drink in the hot, hot, Alabama sun.

We had flowers to pick in the morning to brighten the tables at the day long wedding celebration, and lots of old friends to swap stories with as the day progressed. It was a gathering of ordinary folks with extraordinary stories: The daughter of a grand wizard of the KKK and the 97 year old matriarch of the Selma voting rights campaign. Poets and musicians, cooks and masons, and drummers and singers. Immigrant rights workers and Turkish scholars, country herbalists and chicken breeders, farmers and environmentalists , professors and preachers...

Once again I was able to hear 97 year old Amelia Boynton Robinson, a legend in Alabama and around the globe, tell the story of her work in Selma with Martin King and the voting rights campaign that led to her being left for dead on the Edmund Pettus Bridge on Bloody Sunday at the beginning of the historic Selma-Montgomery march. She lived through the time, she said, when so many young people went to jail in the fight.
"They were given bread with rocks and coffee with salt," she said. "They were doing it for their parents because they weren't yet old enough to vote."

Speaking of the civil rights movement, Mrs. Robinson said, "some people were killed, some were crippled, but we got the right to vote for every person. We made a sacrifice."

When I was asked to say a few words about connections, I looked out on a school auditorium in rural Alabama with a diversity of friends seldom brought together even in the most metropolitan of areas. Such has been the living tapestry woven by social justice activist, Alabama native, and my friend Judy (Cumbee) Collins whose vision of the beloved community has been a life's work.

So, I return to these mountains, and to the calls for action here in our own community, with a deepened appreciation for the rich history of our movements, the people's movements, and for the people who step up and speak out in these times of crises and change.

Magnolia Watch: "The People Have Spoken"

Today was a good day. Judge Hyatt ruled on behalf of the people, upholding the spirit and intent of Asheville's greatest benefactor, George W. Pack, on the weekend before his birthday.

"It's a victory for all the citizens of Buncombe County," said one policeman who stopped at the Magnolia with congratulations. People streamed to the tree as they heard the news. Many jumping for joy. It was a day of cheers and champagne, hugs and tears, and even a bit of Madison County's finest peach moonshine shared from Rebecca's silver flask.

Jim Stroupe, a survivor of three wars and a veteran Magnolia Watcher, took his seat at the Magnolia soon after hearing of the court victory. "It's nice to see Democracy in action," he said. And with tears in his eyes, he told Lady Passion, "All my buddies that died in all the wars I've fought did not die in vain because of what happened today."

Sharon saw the news on WLOS and rolled in on her wheelchair from her Battery Park apartment. "I had to come when I heard," she said. "This proves and it shows that people can stand up for their rights and it can be done peacefully. We did this with dignity."

"I hope Coleman is smart enough. He could really become a benefactor out of this," said Attorney Joe Ferikas speaking of Stewart Coleman, his high school classmate and an opponent in the Pack Family lawsuit. "I feel strongly about it, Ferikas said. "I used to play in that tree. I lived a few blocks away and my mother and I came here when I was a kid. It means something to me."

And the Magnolia means something to the many hundreds who took a seat with our threatened tree, and the many thousands of others who found a way to raise our voices loud and long enough to reclaim our parkland. As folksinger Anne Feeney wrote: "Sitting in and lying down are ways to take a stand."

"If I was a rich man my goal would be to do something good for the public," Ferikas said.

"You did," we told him. "You did."

Thanks to the Pack family members and to Attorney Joseph Ferikas, whose heartfelt and convincing arguments won the day.

"The law was hard," he said, "but we had right on our side."

Magnolia Watch: Code Orange

Stewart Coleman and Tom Israel stepped out of the big black SUV and strode over to the park in front of City Hall on Wednesday. They had business at the Magnolia today.

Armed with a spray can of orange paint, a blueprint map of the contested parkland, and a measuring tape, the two proceeded to pace out the area, measuring along the wall of the Hayes Hopson building and then, after locating the stakes, Mr. Coleman whipped out his can of paint and circled each of them, like a target.

Another man accompanied them, and watched as they paced out the boundaries of the peoples' parkland.

"What cha doin" Passion asked, engaging the two in conversation as they carried on with their work. "Are you going to put up a fence? Will you leave a gate?"
"For now," Mr. Coleman answered regarding the gate.

As I fumbled with my camera, Passion followed them around asking questions. Mr. Coleman crooked his index finger, motioning to Steve to come talk with him.

"Just him," he said as we approached.
"I'm a journalist," I offered.
"I know, I don't want you to hear what I am telling him," the developer replied.

I kept my distance and the camera clicking.

When Steve joined Passion and the men at the kiosk, they looked over a copy of the Pack Deed and discussed other issues about the land sale, the possible outcome of the court hearing, and what it might take to move the city and county to action. Steve left Passion to continue the conversation.
"She knows as much as I do about this," Steve said he told the developer. "If you will only talk with one of us, talk with her."

After about a 20 minute conversation, Passion reported back: "He came to be seen measuring for a fence. ...It's a pressure tactic," she said. Then she added, "I guess he's learned something about direct action from watching us."

In other town square action, the City Hall was evacuated earlier in the day with a fire drill and all the employees spilled out of the building, some stopping to sit at the Magnolia.

A man wearing a Asheville Housing Authority uniform with the name Jack embroidered on the chest, began walking around and around the tree muttering barely intelligible words as he paced.
Passion and Steve confronted him asking that he leave.
"What's the problem?" I wanted to know. They explained that this was the man's third visit to the Magnolia, the last one in the pouring rain when he began "muttering Christian imprecations," according to Passion. "He is cursing us," Steve said. "I take that very seriously." Steve called to complain to the man's employer, while Passion approached our on-site police officer to alert her to possible trouble. I walked along side the man for a turn, attempting to discern his intent, and heard only some further mutterings from him about protecting Western North Carolina. He made a few more turns around the tree and left.

So the long and heavy rains soaked the ground and the Magnolia seems refreshed. As I left Wayne was sitting at the tree for a rest on his way home. As we sat, he pointed up into the third floor window of the City Building where a man in a white dress shirt was leaning out the open window taking pictures.

"I sit here and I watch," Wayne said. "I notice things."

Magnolia Watch: Day in Court

The pews in Superior Court were twice filled August 25 as Asheville and Buncombe county residents gathered to support the Pack Family lawsuit against Buncombe County and Black Dog Realty regarding sale of public parkland for construction of luxury condominiums.

The judge postponed the scheduled 10 a.m. hearing until 2 p.m., sending away the seventy-five or more persons gathered. Phone calls and emails went out to alert those who could attend at 2 p.m. Others held the space at the Magnolia as the long overdue rains began to fall.

The inner court area just in front of the judge was crowded with dark suited white men carrying briefcases with reams of documents. They arranged charts on the easel and thumbed through tabbed notebooks as three descendants of benefactor George W. Pack quietly looked on from their seats in the front row. Speculator Stewart Coleman and his son in law and business partner Tom Israel sat side by side on the same courtroom pew.

Uniformed court police officers, who seemed to function like elementary school class monitors, frowned or pointed at anyone who laughed or whispered or failed to remove a hat, warning that such behavior would result in removal.

The court reporter used a strange muzzle-like device that she held over her mouth during the entire proceedings, apparently to silence her voice as she repeated the oral arguments into a recording machine. Certainly some technology exists to properly record court proceedings that doesn't involve muzzling the clerk?

Judge Marlene Hyatt listened as Black Dog attorney Pat Kelly from Charlotte argued his plea for dismissal. His tone seemed slightly condescending as he told the Judge, "I intend to show you, Your Honor, that these two deeds had the effect of conveying to the county a fee simple, and as such, the county was free to convey this land to Black Dog." He continued along the same line of argument, employing what Pack family attorney Joe Ferekis later called "legal gymnastics" to conclude that George W. Pack's clear intent of "public forever" was not legally enforceable.

Kelly also argued that the Pack family heirs, as public citizens, "do not have standing to challenge
the agreement entered into by Mr. Pack and Buncombe county."

"The Pack heirs did not suffer any direct injury," Kelly argued, and at most only a "tangential, inconsequential injury."

Assistant Buncombe County Attorney Michael Frue argued for Summary Judgment, clearly not representing the interests of the people of Buncombe County who filled the courtroom, nor the intent of George W. Pack's land gift to the people; but rather, Frue's lame arguments paralleled those of private developer Stewart Coleman's attorneys. Frue rejected as "surplus" the clauses in the July, 1901 deed restricting the donated land to public use. He told the judge: "The county has owned fee simple absolute to this title since 1901. ...If the July deed did not transmit fee simple absolute, then surely the December (1901) deed released any restriction."

Contrasting the convoluted and self-serving arguments of both Kelly and Frue, the Pack family attorney Joseph Ferikes, who told the judge "It is an honor to represent the Pack family," skillfully presented the heart of the matter and the intent of George W. Pack, who Ferikes called "the greatest benefactor this city or county ever had."

"The basis of my case and the basis of my argument is that what happened between Mr. Pack and the County was a dedication. You clearly have this" Ferikes said. "it was accepted by Buncombe County Commissioners," he said, "and recorded in the minutes of the January 7, 1901 meeting."

Referring to the argument of Kelly and Frue that the Pack deeds, taken together, conveyed
"a fee simple absolute" to the land, Ferikes asked:

"What are you going to do if they decide to sell Pack Square? ...If this happens, nothing but chaos would ensue in this town."

Ferikes continued, "My basic argument to this court: This was an unequivocal dedication and acceptance in a recognized legal manner."

"No matter what kind of legal gymnastics my opponents wish you to do, what this case is all about is the intent of the parties. I urge your honor to rule that in fact the Plaintiff's are entitled to summary judgment and the property is in public domain and the county was not authorized to sell it for private use."

"One thing I am sure that [the deed] did say: to have and to hold...forever."

It was a good day.

Judge Hyatt will rule "by the end of the week."

Magnolia Watch: Where will we shelter , where will we sleep?

O bonny Portmore, you shine where you stand
And the more I think on you the more I think long

As I write this morning I'm listening to the lament, Bonnie Portmore. The haunting tune mourns the loss of an ancient Oak that stood on Portmore estate in Ireland. The much revered tree was cut when the land was taken by the British occupiers.

Krys Crimi, of Laurel Valley Watch brought by a CD of the song. "Every time I hear it I think of this tree," she told us. The Madison county group is standing strong against the rampant development projects that are leveling woods and wetlands and threatening their rural way of life.

Jana, a CrochetAsheville diva and ally of the Magnolia Watch brought by some banana nut bread Thursday and poured some water around the drought weary Magnolia. She promised to bring back more after Sunday's "Water communion" at the Unitarian church.

Jana surprised me with a Martha Stewart "Coming Home" poncho. Her thoughtful gift brought back to mind my alma mater Alderson Federal Prison. The "coming home " poncho was a gift to Martha Stewart when she was released.

Thinking again about Alderson takes me back to those long nights on the top bunk looking out over the stark barracks as hundreds of women settled in, another day behind them. Martha's time, like mine, was just a glimpse of life inside a prison camp where mothers and grandmothers, even great grandmothers are held for decades. Many guilty only of refusing to turn in their children in this so-called War on Drugs.

Councilman Carl Mumpower, not adverse to using unjust government policy to propel him into Congress, came by again Friday afternoon offering use of a canopy to keep us dry if the rains ever come again. Before he left I had to speak my mind to him about the ICE raids that he claims to have set in motion. He asked if he could have a seat, saying he welcomed the opportunity to present his views. I didn't have a pen in hand as we spoke, but a few comments stayed with me. He said he was acting to protect the "sanctity of America." Calling himself a Christian, he said "I take no pleasure in the pain of those women." His dulcet tone and civil manner belied the state terror he helped to unleash in the roundup of workers, mostly women, at Mills Manufacturing.
"Lawbreakers must be held accountable," he said. We listened, as did he, when we shared our differing points of view about law and its uses. The Magnolia space seems to facilitate such opportunities for open discourse. It's vital to Democracy, and part of why we must defend our public square.

Noel Nickle of Asheville's First Congregational Church came by Friday. Her congregation hosted a prayer vigil in support of the workers rounded up and jailed by the ICE raid. We worked out plans for a puppet troupe, The Olive Tree Circus, to perform in early September at the Magnolia. In our conversation we found out that the church was very nearly bought by a developer and razed before her congregation found a way to save it from destruction.

I caught this photo on my way back to the Magnolia Friday after checking in at Goombay to hear a few blues tunes by Chuck Beattie. Sometimes, with all that's going on in this world, I just gotta hear some more soulful blues.

The confrontations between wealth and poverty and the extractive and exploitative policies of greed that have so disrupted our town, seem only to be escalating. The wars are ongoing against the natural world, the poor, the immigrant, and the people of Iraq and other oil-rich lands. We kill to control, to fuel our addictive lifestyles, to allay our fears, to maintain our advantage.

All the birds in the forest they bitterly weep
Saying, "Where will we shelter or where will we sleep?"
For the Oak and the Ash, they are all cutten down
And the walls of bonny Portmore are all down to the ground.

Magnolia Watch: Defending a Legacy

It is my body that is being torn, deforested, and poisoned by 'development.' ... I feel it every day, as my grandmother and my father did. ---Jeannette Armstrong, Okanagan Culture

Pack family attorney and Asheville native Joe Ferikes, stopped by the Magnolia tree on Wednesday afternoon. We talked for awhile about the Monday's Superior Court hearing. He agreed that a good show of support in the courtroom will help in this effort to save our Magnolia and reclaim the legacy and land donated by George W. Pack as "public forever."

Mark your calendars!
Join us at the Buncombe County Courthouse
Monday, Aug. 25th.
Take your seat by 9:30 a.m. 7th floor, Superior Court

Wear your "Save the Magnolia" tee-shirt (available for purchase at the Magnolia tree, Rosebud video (on Charlotte) and On A Roll screen printing on Lexington.

This week's Mountain Xpress has several articles and letters on the Parkside issue, with various points of view. Press coverage continues. Late yesterday an Asheville Citizen-Times reporter came by, camera clicking. UR TV camera folk have filmed folks at the tree and other Parkside opponents have been on WPVM programs and on panel discussions on UR TV. Many voices, many points of view, but isn't it clear: this Parkside debacle leaves an odorous trail of corruption.

Steve continues to uncover historical information and photographs about the land and buildings around the Magnolia tree. He found articles in the North Carolina collection at Pack Library about the old jail. Apparently there was a larger structure located down the hill from the Magnolia where the city has a parking lot now. The remaining structure which is partially underground, beneath the Magnolia, is still being used by the County.

"They had public hangings there. The people would stand right here on the hill and watch," he said, pointing to the area just behind the Magnolia.

Less gruesome history is recounted every day by folks who have heard about the threat to cut the Magnolia and "just had to come see it again."

"It brings back too many memories. I could cry," said 36 year old Michael Tochterman.
He recounted the times he would come with his grandmother, Jessie. "She used to tell me: 'Mr. Pack planted this tree because he knew it's sweet smell would draw in people from all around to come here.' This beautiful Magnolia is part of my history," he said, bending down to illustrate. "I was just knee high to a grasshopper when my grandmother would sit us down with a coca cola or sweet tea and say, 'Stay under the Magnolia,' while she went in to pay her water bill."

Michael is not alone in feeling deeply the historical sense of this place, this tree, this legacy left to the people by the vision of George W. Pack, who may indeed, have planted our Magnolia.

People continue to come by every day to share food and water and the encouragement needed to sustain this Magnolia Watch effort. Clay brought dozens of beautiful tomatoes, and on Tuesday we enjoyed the surplus sandwiches from the luncheon at the Asheville DesignCenter.They are working on the I-26 Connector issue which they view as "the most important public investment decision facing WNC in our lifetime."

Magnolia Watch: Danger Ahead

Is it possible...that every nature poet since Wordsworth has been right in telling us our sanity depends upon access to wilderness ...upon the companionship of trees and beasts...?

--Theodore Roszak

The Pack Square Conservancy has fenced off the entire length of public land, from the curb in front of Vance monument all the way to the courthouse steps. They've turned it into a wasteland of noise and dust with no end in sight. They call it "enhancement."

Rather than work in segments, completing one before moving to another, they have effectively denied access to all the public parkland. The people's right to assemble is thwarted, the children's need for a safe parkland downtown with trees and grass for play is violated. The people's park has been commandeered by a committee and all we have are the artist's rendering of how it might be, someday, $21 million dollars later.

In the meantime, many young families are finding their way to the Magnolia and to the little patch of nature we are trying to save from destruction. Two young mothers with toddlers in strollers had been walking all over town trying to find some green shady space to stop and let the children play. "Everywhere we go it is fenced off," one mother said as her toddler took off running around the Magnolia.

Another family blending Hispanic and mountain cultures stopped to sign the petition. We lamented the recent ICE raids using state power to terrorize and breakup families. Such legalized injustice must not be allowed to continue.

"The way the trunks of the tree are joined is how we have come together," the young mother said as she reached for her daughter. "We have to learn to respect each other, whatever our heritage."

City council member Holly Jones came by again on Monday. This time with her lovely daughter Gabriella in tow. The little girl took to the tree at once, eager to reach into the branches and swing.

Both Holly and Councilman Brownie Newman thanked us for our work to save the Magnolia. "Keep it up," Brownie said. However, neither were optimistic about the outcome of the Pack Family lawsuit scheduled for a hearing in Superior Court August 25.
"Our attorney tells us it doesn't look too promising," Holly said.

We had just heard more optimistic news from Daniel, an attorney who is doing pro bono legal research for the Pack family lawsuit to reclaim the land. Daniel had just come from the law library to report on his findings.
"I think we've got them," he said, showing us copies of similar cases with rulings in favor of the public right to retain parkland.

So, who knows?

A 74 year old man came by and stood by the Magnolia awhile. He looked long up in to the branches. "My grandad used to take me here to play when I was little," he said. "It's a bad thing if they cut this down. It must be 200 years old."

Magnolia Watch: Limping Along in the Arms of Time

Sunday's Direct Action training was well attended and exceptionally well facilitated by seasoned activist Coleman Smith who led off saying, "The county put us in this position but the city is not helping us get out....We have to plan for the worst and hope for the best."

The presentation, discussion, and ideas shared were helpful for any who wish to participate in or support the ongoing peaceful defense of the parkland and the Magnolia. There is continued need for supporters at all levels. The best way to keep in the loop is to come by the Magnolia anytime 24/7 and find out what may be needed. Especially, come for the Superior Court hearing on the Pack family lawsuit scheduled for August 25th. Court usually goes into session by 9:30 a.m.

After the training, several of us sat around the tree as dusk settled in. Manoon, who describes himself as "a cooking poet," brought a bottle of Sake and a little book,
"The Art of Worldly Wisdom." We passed a small porcelain cup of Sake around and around the circle and each, in turn, chose a random passage to read aloud, such as these lines:

Lies always come first, dragging fools along by their irreparable vulgarity. Truth always lags behind, limping along on the arms of time.

We then discussed the meaning of each passage, leading to some fine conversation as the night unfolded.

Manoon has been coming by every Sunday morning to teach Shi Gong at the Magnolia at 8 a.m. and always brings a generous spirit.

"This is depth coming from the roots of this tree. It is feeding us," Rebecca, a Madison county native, said as we reviewed the day's events. "I got a lot out of the workshop. So here I am. This is my first direct action. ...As a good ole mountain girl, I'm just tired of the people being bullied,'' she said.

John, who comes often during the day, is 64 and retired from years of work with the Metropolitan Sewage District, looking solemn and determined, he told me one day: "I've been in jail for things I did. I've been in jail for things I didn't do, and I haven't been in jail for things I should've been. But If I'm here when it happens, what can I say? I'll stay."

Such determination and willingness to take a personal risk to preserve our parkland and the Magnolia that stands here is amazingly not an uncommon sentiment among the people who come by day after day. They know the truth of this situation.

Let's hope our city and county officials will intervene in time on behalf of the people and let us all go home in peace. We've been sitting in now for nearly two months, defending the people's land and waiting for our city and county leaders to act in our best interest.

Must truth always limp along in the arms of time?

Magnolia Watch: No More Terror

Asheville is alive with resistance this weekend. Most energetic are the solidarity gatherings and marches on behalf of the workers arrested in the ICE raids at the war profiteer, Mills Manufacturing Company.

Sunday, while many of us will be at the Magnolia tree for our 3 p.m. Direct Action Training, still others will be gathering at a church downtown to demonstrate support for immigrant families terrorized by the ICE raids. Saturday afternoon's solidarity march was energizing. Today I'll be back at the Magnolia. So many calls to action. "If you want peace, raise up your fist! If you want justice, you must resist!" So went the chants at the UNC Asheville and SDS energized rally yesterday. As I sit at Firestorm cafe today posting this entry, the great old union song, "Which Side Are You On!" is playing.

Evenings and weekends usually bring some regular visitors down to the Magnolia. Folks whose work and family schedules keep them busy on the weekdays often come by with gifts of food and water and music. The Magnolia is a more pleasant place to sit on weekends with the dust and noise from the earth moving work across the fence halted. The passing parade of pedestrians takes on a different character and pace. Gone are the professionals, the men in suit and tie and the women in clickety-clack shoes walking briskly to whatever business they have with city or county. There are fewer police and firemen passing by, and seldom any plain-clothes officers carrying huge guns at their hip. Instead, lots of tourists stop. Many have read about the Magnolia and share stories of similar battles fought in their homeplace.

Saturday three women from Saluda came to offer encouragement. They work to save trees from destruction there, they said, and offered many good suggestions for how we could involve more groups and get wider national attention.

Sometimes, it seems, the days blend one into the other, and without my notes at hand it is hard to remember just what day which conversation took place. But each day brings a an interesting encounter. Friday a young couple from D.C. listened intently to our explanation of the issue about the sale of public land and the high-priced condos planned for the site.
"What brings you to Asheville?" I asked.
"Actually, we're here with the U.S. Conference of Mayors to give your Mayor an award for promoting affordable housing," the young man said.

Ah, yes. Our Mayor whose front lawn at City Hall was sold out from under the people for 35 condo units with prices as high as $900,000 each. Affordable housing? Where is that being built? We see it for automobiles as the high rise parking deck goes up across the park, we see it for the wealthy as the condos fill every corner, but the homeless still trudge through town, or quietly beg alms in front of restaurants where the working poor balance trays laden with food for the dining pleasure of the tourists. Its no wonder that sometimes the anger at sustained injustice spills out, like the writing on the wall on the Block.

I joined the immigrant demonstration Saturday speaking out against the recent ICE raids. We stood at Vance Monument, behind the partially erected chain link fence and in the rubble of parkland comandeered by Pack Square Conservancy and strewn with other metal fence parts. There was a strong presence of UNCA students and activists from immigrant advocacy groups. We marched through downtown chanting loud slogans denouncing the ICE Raids arresting immigrant workers, mostly women. The march ended in Pritchard park, filling the space as spirited speakers voiced solidarity and outrage.

One speaker summed up the spirit of the crowd: "This is an American story. These are American families. We will not let injustice stand, or let our government terrorize our people."

Magnolia Watch 51-52: Unite! Now or Never

Unite! The word so artfully displayed on Frank Adams' tee shirt is both an imperative and a call to action.

So many have come forward to sign the Stop Parkside! by Eminent Domain petition. Folks from throughout the county, in numbers certainly approaching 8,000, have signed on to say: Stop the Parkside Condos, return our parkland and let the Magnolia tree live! So many who have signed at our Magnolia Watch table have said, "Please let me know how I can help."

And now is the time to call in all these willing supporters. Time to send out the alert. There is continued need for all levels of action and support. There is a role for everyone in this community effort to reclaim our public land.

Where will you stand if the bulldozers come?

Of particular urgency is your support of and participation in the following upcoming events:

• August 17 at 3 p.m. -- This Sunday. Gather at the Magnolia Tree for a focused Direct Action Training to prepare for our collective defense of our Magnolia.
  
• August 25 -- Superior Court hearing on Pack Family lawsuit could decide the fate of our parkland and Magnolia.
  
• September 9 or anytime thereafter -- Mr. Stewart Coleman has given notice that "as part of site preparation the Magnolia tree will be removed."

Charlie came by yesterday with beautiful tee-shirts "Save The Magnolia." Good work! They're beautiful. Shirts will be available for sale at the Magnolia tree, at On a Roll Screen printing and Design on Lexington, and at Rosebud Video on Charlotte.

The recent ICE raids on undocumented workers, set in motion by Councilman Carl Mumpower, have been heavy on my mind. The powers that be have been quick to excuse the employer, a war profiteer, from any responsibility for hiring these undocumented workers. Certainly these profiteers too, should be brought before a judge?

Louisa visited with us at the tree on Tuesday. Her husband works at the Weaverville factory raided by the immigration police. He has papers, she said. So when the men with the lists came for his co-workers, pointing them in one direction or another, depending on the documents they could produce, he was spared. Louisa worked there too, she said, for years. She was making $7 an hour when she was asked to mend used parachutes returned from the war zone in Iraq. She was given only goggles and gloves for protection, but not informed what the contaminants might be on these parachutes. Her arms and neck were exposed to the material as she worked, and soon began to itch terribly, she said. She had to breathe in the dust and whatever toxins it carried. She asked to be reassigned. The employer refused. Louisa quit.
"They like having Hispanic workers without papers," she said. "They won't quit when the work is bad."

We hear so many stories in the shade of the Magnolia. So many injustices that cry out for action. Geri called from International Link. She has been working to help the families left behind when the workers were taken away. "If you know anyone who wants to help out," she said. "Give me a call."

Some verses of a Peggy Seeger song comes to mind. Here are some verses:

Manner of the World Nowadays

So many laws to protect the rich,
Putting through deals with never a hitch;
Leaving the poor without a stitch,
Saw I never.

So many homeless and nowhere to go,
So many bastards running the show;
So many victims who don't want to know,
Saw I never.

Tomorrow there won't be time to think,
Tomorrow we'll have to swim or sink;
Don't stop the fire, help it burn,
Help the tide begin to turn.

Now's the time to watch and learn,
Now or Never!

Magnolia Watch 50: "a sliver of parkland"

Yes, I am the Lorax who speaks for the trees, which you seem to be chopping as fast as you please...--Dr. Seuss

The Magnolia breezes are laden with grit and the grinding, whirring, slamming banging and beep, beep beeping of the machines is a constant disturbance of the peace.

Some staffers from the Mountain Xpress were by Monday to film a video preview of their upcoming issue. "We branched out into video about six weeks ago," Jon Elliston said. "Its eye candy. People would much rather watch than read."

Throughout the filming, the boys with the big yellow earth movers across the fence were playing in the dirt. As they scooped and dumped the piles of fine dust, they set it flying on the breeze and into the faces of everyone passing by or sitting with the Magnolia. It wasn't until late afternoon that a water truck arrived and began to dampen down the dirt.

"I think it's really noble what you are doing here," a young man said as he stood in the shade.
"It's kind of gritty right now," we responded.
I offered him a chair. "Sit down. Then you can be noble too," I said.
"No, I can't stay. I've got to check in with my probation officer," he said.

Yesterday some folks with the Pack Square Conservancy came by, Passion said. She complained to them about the dust and asked for some water for the tree. One of them had a small container of water and poured it around the Magnolia, but told me the water in the truck was not potable and could not be used, Passion said.

Asheville Citizen-Times columnist John Boyle rightly put the responsibility for this Parkside debacle back in the hands of the Buncombe County Commissioners who authorized the sale. I daresay there must be some county staff who should be held accountable as well. I find it curious that various Citizen-Times reporters refer to the land in question as a "sliver of parkland." Does the newsroom have a list of approved phrases for certain issues? Reporter Josh Boatright also used the phrase in his recent article on Parkside, as did Clarke Morrison in his report.

Attorney Joe Ferikes who represents the Pack family in the lawsuit against Buncombe County, seemed optimistic about the outcome, according to Lady Passion. "He called early this morning," she said. "He told me that a woman judge from Waynesville has been assigned to the case."

People who stop to discuss the issue cannot understand why the city and county have allowed it to go on for so long. Most who sign the petition believe that invoking the power of eminent domain is clearly appropriate in this instance.

"We have to get the word out that this was a Non-Warranty Deed," Passion explained. "Ferikes says this means the land can be reclaimed by eminent domain without paying him [Coleman] a penny more."

Stop Parkside!

Magnolia Watch 49: Another Sunday in the Park

Our task is, as always, to perpetuate the Olde Ways–proven means by which you can nurture yourself, others, and the planet. --The Goodly Spell Book

Sunday afternoon at the Magnolia was a picnic. Valerie rode up on her Vespa with two pizzas strapped on board and Manoon came by with watermelon. An exchange student from England conversed with a laborer from Asheville while a young Wiccan from Waynesville packed up and headed home after helping out with the night watch. Steve was busy online checking out archive photos of the Magnolia and Lady Passion was finishing up an essay about her time with the tree.

"It's six weeks today," Lady Passion said.

Six weeks sleeping on the ground at the base of the old Magnolia. It's an amazing commitment to protect the magnificent tree now under threat of "removal" by developer Stewart Coleman.

"My husband grew up with him," one woman offered. She was in town to take photos of the town before it is ruined by all the development, she said. She wants to document it before its all gone.

Dave loaned me his motorbike Sunday so I was spared the hot mid-day walk to the tree. Even so, I am always appreciative of the coolness there. When people come by they often remark on the constant breeze. We have to admit that much of that is the air flow pulled through by the intake on the huge cooling unit for the city building. It is located down the slope just behind the Magnolia and across from the Silver Maple. Still,when the breeze is combined with the deep shade under the wide branches it makes for a fine gathering place.

Eric rode his bicycle in from Emma to have a look at the tree. He had seen the coverage on TV, he said. He took a seat and a slice of pizza and soon was telling his story. He works seasonally as a server at the Biltmore Forest Country Club, he said, where he often saw Stewart Coleman.

"The only person I ever saw him eat with there was his mother," he said.

“I made $9 an hour,” he added “and they don't tip at all. They never give you a tip. ...They are really fake and superficial," he said. "They are trying to make business contacts and groom their children to be just like they are."

Another young man walked up and sat for a while paging through The Goodly Spell Book, looking up occasionally to ask Steve or Lady Passion some questions about the Craft. He was particularly interested in the formula for a love potion. Others came and sat for a few moments, making suggestions for what we could do to further the cause. "That's a really good idea," we often respond. "Why don't you see if you can make that happen."

Around dusk three firemen strolled up from the station. "We just wanted to see if you're alright and if you need anything," one offered. "This tree needs water," Passion replied. "Do you think you could bring your truck around and give it good watering?"

"You'd have to ask the chief about that," one replied. In short order, Steve looked up the fire chief's number on line and Lady Passion was on the phone, leaving a message. "Never hurts to ask," she said.

As the time approaches for the expected August 25 response from the court on the Pack family lawsuit, there is much speculation about the outcome and the response of the Magnolia Watchers.

"Will you tie yourself to the tree if they come to cut it?" an older man asked. He was dressed in denim jeans with a silver belt buckle shaped into the name Joe.
"I've been living here since 1925," he said. His wife walked on ahead as he sat down to talk. "We saw them cut down the pink trees that were on the corner," he said. "My wife and I stood there and nearly cried. They took the saw to them right in front of us."

Magnolia Watch 47-48: Dancing in the Street

Visitors have been streaming to the Magnolia following Thursday's press conference. "Tons of people have come by," Lady Passion reported. "They've had to line up to sign the petition." Many come with cameras and always with lots of questions about the land sale and the tree.
"I've been answering so many questions I've almost lost my voice." Passion said.

People want to know what the county will do about fixing this mess. They almost always are incredulous that anyone would allow a condo to be built in front of City Hall.

"I just wanted to stop by and see what all the fuss was about," one older Black man said. He parked his van and came over to inspect the Magnolia. "I have a lot of Magnolia's on my land in South Carolina," he said when I told him we were worried about the drought.
"Magnolia roots go very deep," he said. "This tree will be alright."

Certainly we hope so. Several inquiries to city officials asking that they help with getting water to the tree have not been successful. They always cite issues of legality. Meanwhile, we have been pouring gallons of water around the tree drawn from the faucet on the side of City Hall. But the water just beads up and rolls off the dusty surface.

A man from Waynesville stopped by Friday with an idea. He wanted to know if we had we heard about the Japanese researcher Masaru Emoto who studied the crystalline composition of water and how this changes depending upon the intent and emotions expressed in the presence of the water.

"If we fill a barrel with water and have everyone who comes by express their loving intent for the tree," he postulated, "then after we water the tree from this barrel," he said, "no chain saw blade will be able to cut through the bark."

Great idea. We'll see if he comes forward with the barrel.

Friday afternoon Shirley came by in her wheelchair. She lives in the old Battery Park apartments and often comes along with Donna. Both women wheel their chairs right up into the shade. Shirley is grieving the loss of her mother and stepdaughter. She received news of their deaths within the same week. "My doctor said I'm not able to travel," she said, explaining why she could not attend the funerals. "I just had to come here and sit in this peaceful place with the Magnolia" she said.

Many who come share heartbreaking stories. Mostly they are stories that underscore the growing economic chasm in our city and the disconnect between the acquisitive takers who are skilled practitioners of an extractive economy, and the many others who must scramble for a livelihood every day in every way.

Saturday night was lively with Shindig on the Green holding forth in its alternative location at M.L. King Park, and down on Eagle Street a community block party with a reggae band was heating up. Our friend Juma Jackson at Eagle Street Market said there would be more block parties. "We won't charge for them," he added. "It will be for the people." So before the night was out I was dancing in the streets to Bob Marley tunes.

Next weekend, on Sunday at 3 p.m. we will be holding a Direct Action workshop geared specifically to defending the tree from any attempt to cut her. Keep up with the issue by checking in at the website StopParkside.org.

Magnolia Watch 45-46: Now is the Time

Only when the last tree has died and the last river been poisoned and the last fish been caught will we realize we cannot eat money. ~Cree Indian Proverb

People responded quickly to the call to gather on Thursday for a press conference to restate our determined defiance to speculator Stewart Coleman's notice of his intent to kill our treasured Magnolia, raze an historic downtown building, and build his private luxury condominiums on our public parkland.

This developer's insistence on moving forward with his plans, despite widespread and growing resistance in the community, is a measure of his own lack of civic responsibility.

True, it was county staff and commissioners who are responsible for agreeing to this sell-out, and it is they who must be held responsible for their malfeasance and betrayal of public trust. But Mr. Coleman is seeking first his own gain at the expense of the people of Asheville and Buncombe county. The irretrievable loss of trees and parkland and historical buildings will be felt for generations to come. The people's loss of trust in our County officials will not easily be restored.

The Magnolia Watch and the recent press conference has been covered by the corporate radio, television and press and by numerous independents working as community journalists and publishing on blog sites and over low-power radio on WPVM.

Still our County Commissioners wait. Our City Council members wash their hands of the matter, and the people are compelled to maintain a vigil on the land and to prepare for further civil resistance if the bulldozers and tree cutters arrive.

Why has it come to this? Perhaps we should call back the Marines from their murderous missions across the sea to protect our homeland.
Certainly our government officials have failed us in this regard.
"What about Michael Frue?" One man asked at the press conference under the Magnolia branches. "Has Mr. Frue's lack of honesty and transparency been discussed?" Frue is the assistant county attorney for Buncombe County.
There is always speculation about who has deceived who in this debacle and whose heads should figuratively roll.

The proposed Parkside development, of course, is only one of multiple massive developments that threaten the quality of life and character of our small city. At the Drinking Liberally gathering last night, Alan cautioned that we all need to pay more attention to what is happening throughout the city, especially with the Haywood Park development.

As the old typing exercise goes: Now is the time for all good men (sic) to come to the aid of their country.

Magnolia Watch 44: Action for the Common Good

This deadly drought and the August heat, and the Code Yellow alert on air quality is taking its toll on the Magnolia and other vulnerable life in our city. Add to this the economic violence of this rampant development and the incessant construction dust and noise and obstruction.

Such damage, as Wendell Berry, notes "is justified by its corporate perpetrators and their political abettors in the name of the "free market" and "free enterprise."

It is long past time for our parkland to be returned to the people and for the death threat to be lifted from our treasured Magnolia. Perhaps then the city will resume responsibility for its care and provide the Magnolia with the regular watering it needs.

In the meantime, we're glad that Ed, "a tree hugger from way back," stopped by today to say, "If you want to save the tree, it needs water now." We know, Ed, and we're grateful that you agreed to take the initiative and put your concern into action.

Action. Action for the Common Good.

Action is what has not been forthcoming from our City Council and County Commission, despite more than 7,000 signatures on petitions requesting that our park land be reclaimed now by eminent domain.

George W. Pack registered his deed in the Buncombe County courthouse August 5, 1901, to "dedicate to the public forever" the land that has served as a town square park in the heart of Asheville for over a century. The County Commissioners, in what is nothing less than malfeasance, violated the Deed by selling a parcel of the parkland to developer Stewart Coleman, despite provisions in the deed stating "none of said land shall ever be sold or leased."

Is it mere coincidence that speculator Coleman came down to the park on August 5 to talk again with some of the people who have been maintaining a 24/7 watch at our treasured Magnolia tree? He does not own this tree, or the land, nor does he have the right to destroy. It's not just about the money changers. It's about the people's will to act.

How long will the people permit the whims of the wealthy to trump the common good? How long will our government continue to stall before they act to reclaim our parkland?

Wendell Berry writes: "There are such things as economic weapons of massive destruction. We have allowed them to be used against us, not just by public submission and regulatory malfeasance, but also by public subsidies, incentives, and sufferances impossible to justify."

Everywhere one walks in this city, far too much good land has been turned to investment condominiums and parking lots, while far too many green spaces are sacrificed and vulnerable people are left to wander without work that pays a living wage and without a safe and certain place to call home. It's not a matter of whether we should grow up or out, but rather if our growth will honor and sustain our collective responsibilites.

It is a sad commentary in our city when the common good is routinely trampled underfoot by those in pursuit of personal and political gain.

"All of us," Wendell Berry writes, "regardless of party, can be moved by love of our land to rise above the greed and contempt of our land's exploiters. ...We have been too tolerant of politicians who, entrusted with our country's defense, become the agents of our country's destroyers, compromising on its ruin."

"I talked to a woman at the mission who has been waiting seven months for a place to live for herself and her three children," Lamar told me as he took a seat under the tree. "Sometimes it gets to her and she cries."

NOTICE: Magnolia Watch orientation sessions will be held 7- 8 p.m. every evening beginning August 7th. For information call the Tree phone: 828-335-2554.

Magnolia Watch 41-43: History Lessons

The witches of Coven Oldenwilde held another ritual at the Magnolia Saturday to invoke ongoing protection against death by development. It's been a year since the first ritual where participants chanted "barbarous words of power," to keep the tree safe. This second ritual included an ancient Roman invocation, the Enos Lases luvate, appealing to the ancestral spirits of the land, and to Mars to protect forest, field and stream.

I was away on a weekend camping visit with friends and missed the ritual, but today I've been catching up with all the goings on over the weekend.

We hear so many stories of Asheville's history from the local people who stop at the Magnolia. Steve takes note of every new bit of historical information, like one woman's memory of the destruction of the old train depot and of the school that she said was built so well they had to go to New York to find a wrecking ball that could take it down.

"Years ago they tried to take the YMI Cultural Center. That whole area used to be all Black. They were just trying to make it disappear. They almost succeeded."Cynthia Hallum told us as she signed the petition to Stop Parkside by Eminent Domain.
I have appreciated the vantage point at the Magnolia to really notice the beauty of the old Mt. Zion Missionary Baptist Church on Eagle Street. Mr. Coleman's Parkside condominiums would turn its back on this historical gem and on the Black neighborhood already so devastated by past development disasters. "They need to stop. They are totally insulting my common sense," Cynthia said.

"I was born and raised here," another woman told us as she wheeled a baby stroller into the shade to talk. "I think it's atrocious. The decisions I see City and County making are not wise...to be quite honest I would be happy if they took the BB&T down. If Parkside is built, we will come to regret it just as we regret that BB&T building."

It was particularly noisy in Asheville today. The constant whining and grinding of the construction machinery and the high-pitched beep, beep, beep as it backs up, is heard all over town. It's an intrusive mess, and only likely to become worse if this level of rampant development is allowed to continue.

Our very public presence on the land requires some agreements on behavior and a spirit of cooperation and willingness to share in the work. Lady Passion tries to maintain a level of decorum and focus among those who come to join the Magnolia Watch, and sometimes there are disagreements. But she and Steve have sustained a 24/7 presence for a month now, and have learned a great deal about what is required. They are aided by those of us who are able to come for some hours each day, and especially by those who give up sleep to help with the overnight watch. There are many, many others who bring the food, the coffee, the cold water and fresh fruit, and the well wishers who offer an encouraging word in passing. Asheville PARC shared some donated funds to replace a computer battery so that tree watchers can also catch up with on-line communications.

Magnolia Watch 40: Lamas-The First Grain

Lamas -Celebration o the first grain harvest.

“We thought ya’ll might need some spiritual reinforcement,” said one of two tall and thin men, weathered and worn, with guitars on their back, as they walked up to the Magnolia Friday afternoon. “You’re fighting the good fight,” one said as they launched into some really fine music. As they strummed, a Monarch butterfly made a pass through the circle of folks under the Magnolia shade.

And daddy won't you take me back to Muhlenburg County
Down by the Green River
Where Paradise lays.
Well I'm sorry my son
But you're too late in asking
Mr. Peabody's coal train has hauled it away

“You can just call us Jerry and Fred,” one said. “Or Fred and Jerry,” countered the other as we applauded their song.

“”I thought that was right up your alley,” Jerry said.

Yuvan, who told us his father worked with the United Farm Workers, picked up some drums while Marvin, from the Navajo nation, showed his ceremonial fan, made from special Eagle feathers given to him during his travels to other native nations.

“I like Asheville,” Marvin said. “The vibe is pure man, it’s like real. People stop and actually say hello.”

“Yeah, but they’re trying to make it into a big city now,” Fred said. “They’re trying to run all the homeless out of town. I lost my house to back taxes. Now they want to run me out of the county. I’m not goin’. I’ve been livin’ here since I was 13.”

Perry stood in the shade clutching a rosary in one hand and his backpack strap in another. He was off to find apples in the edible park. He had been by Zacchaeus House earlier, he said. It is the ministry that Amy Cantrell and Chrystal Cook opened a few years back to serve the needs of the poor and unhoused in Asheville and to advocate for justice. The ongoing work of the ministry is not certain as Amy and Chrystal have moved. The front line work they participated in, day after day, takes a heavy personal toll. Others are trying to find a way to carry on through the transition.

Jim and Francie were back around dusk. They are always welcome company at the Magnolia. Jim was quite happy to meet Marvin, whose grandfather was a Navajo Code Talker on Okinawa during WW II. Jim was a Marine then, and worked with another Navajo Code Talker named Charlie Begay.

“He was my Indian brother, he took care of me for a long while,” Jim said.

Jim and Marvin talked at length standing beneath the Magnolia in the cool night breeze. Marvin showed his ceremonial rattles, gourds and warrior feathers that he carried in a red tool box lined with brocade fabric.

As the night deepened, others came by bringing gifts to help celebrate Lamas.

I'm off for the weekend in the country for some respite from the city. More when I return to the Magnolia.

So many trees in our city are under threat with all this development. One, at Broadway and Elizabeth, near my home is girded with poison ivy, perhaps a natural way to try and repel the axe from the Broadway development.

Magnolia Watch 39: Stirring up a Bruhaha

Scott Lunsford, a resource officer with the Asheville Police, was back at the tree Thursday. He brought his student assistant, Kenya. They were mid conversation with Lady Passion and Steve when I arrived.

Much of the conversation was about police in the schools, and the impact of the failed war on drugs on the family and children left behind when millions of nonviolent drug users are held in our prisons and jails.

Kenya is a sophomore at Randloph Learning Center. She is fifteen, and a mother of a young son, so she has already overcome many difficult challenges. Sgt. Lunsford said that Stewart Coleman had tried to buy the school as another site for condominiums. "They wouldn't sell," he told us.

I wondered why the policeman would be traveling around with a young student.
"She was curious about magic," Lady passion said after they left. "So he brought her by. It's good. She needs equal exposure to peaceful people who don't need to have a gun on their hip to feel powerful."

As they stood to leave Lunsford asked, "Are you set if a good rain comes?" It was a considerate question. Kenya turned toward the tree and said, "If they try to cut it, I'll climb up there and not come down."

And a good rain did come, cooling us down after the oppressive heat of the last few days.

Other young students, in a summer program at YMI, came to pose for pictures at the tree. They had lots of questions about why we where there and why anyone would even think of cutting down such a beautiful tree. We talked about sit-ins and justice and the power of the people to bring change.

A friend in the city building came by with apples and oranges and some cherry tomatoes, Passion said. "We have staunch allies in that building." Later Alan brought us soup for a late lunch.

We have allies in many unexpected places and many are outside the usual circle of folks in the "activist community." A man wearing a "juror" tag around his neck had heard about the Magnolia Watch and wanted to sign the petition.
"I don't like the idea that it [the sale of parkland] was done on the quiet," he said.

Some folks are just passing by and are encouraged to come over to talk after we say hello and wave; others make a special trip just to see the tree and ask questions about the Parkside project.

An older man from Weaverville said, "I'm in the same party as they are, but I don't like the corruption." He took a seat but declined to introduce himself. "Most of these people up here on the county commission belong to secret orders," he said. "Bill Stanley is a 32nd degree Free Mason," he added.

I wasn't sure of the implications of that remark, so when he left, I asked Lady Passion.

"It's a Christianized form of Magic," she said. "Some of their ceremonies resemble Wiccan ones. ...They are less magical and more political," she said. "They feel it is their right to control the destiny of other people."

Ah, Magic vs. Magic under the Magnolia. That should stir up quite a bruhaha!

A young and much tattooed woman came over. After a while she identified herself as a member of the Downtown Commission. That body voted in favor of the Parkside development, so I was somewhat surprised when she told us, "Saying thank you doesn't seem like enough."

She was obviously conflicted about her role on the commission. She excused her vote in favor of the condominiums by saying "When you become a member, you agree to play by the rules."

"Couldn't you have made a protest vote, given the nature of this project and it's impact on our public park?" I asked.

"The Downtown Commission is an unelected body with no teeth," Passion said. "There is no real, legal basis for compliance. The law in North Carolina calls for a mandatory review with voluntary compliance."

So the local commissions, claiming they can do no other, rubber stamp these projects, passing the buck and paving the way for these the towers of privilege to rise.

Warren, who says he has lived in Asheville eight years, stopped by and asked for a drink of water. He was on his way to MacDonald's on Tunnel Road where his girlfriend works.

"I read the paper. I know why you're here," he said, signing the petition to Stop Parkside. "I'm paying $550 a month and have to live in a basement. With all these condos going up there's no place for the people to live. I'm serious. And there's no real jobs either. I have to flip hamburgers."

Magnolia Watch 38: In the Gritty Shade

It’s pretty damn pathetic. You live in a country where money, money, money rules everything…The laws are set up for certain people.
--Homeless woman resting at the Magnolia

I walked a different route to the Magnolia today to have a look at the front of the old city jail built beneath the park. It's old stone front and iron window bars can be seen from Marjorie street across from the city parking lot. An old gnarled Silver Maple clings to a tiny spot of Earth by the stairs leading up to City Hall. Both are threatened by development.

This maple is featured on the cover of Quality Forward's "Treasured Trees" 2008 calendar, as director Susan Roderick mentioned at the Technical Review Committee hearing when she added her vote to approve the condominium project that would condemn our much-revered Magnolia.

My vantage point at the Magnolia tree in Asheville’s City-County Plaza provides an opportunity to listen to and observe the diverse and interesting persons who pass by or come to sit and share stories. Our conversations are far-ranging and often quite revealing about the life of this city. Every evening as I sit to write I try to impart the sense of the day’s events to capture the spirit of the daylight hours at the Magnolia Watch sit in.

A familiar cadre of workers passes back and forth every day. Some wave and say hello, others keep their eyes averted and walk briskly past.

“Aren’t you trespassing?” one suited man asked. A city worker stopped to read all the information posted on our bulletin board, then walked over and signed the petition. “I work inside, but I really appreciate what ya’ll are doing here,” she said.

In the early afternoon a woman came and sat for a while in the shade, sipping from a half quart of milk in the plastic jug in one hand, and holding a paper cup of cold coffee in another. Her eyes were shaded by a red felt baseball cap with an embroidered profile of an American Indian. She was dressed neatly in denim and carried a heavy-looking back pack. I guessed her age at about 40. She seemed quite street weary.

We sat awhile with little more than her nod in acknowledgment when we said “Good Morning,” and offered some fruit.

“I’m waiting to go up and talk to the Mayor,” she finally said. “My friend and I can’t get any help around here.” She reached for a banana.

Lady Passion asked, “How long have you been on the streets?”

“Seven long ass years,” she responded, and then launched into barely audible muttering with just a few clear phrases. “It’s pretty damn pathetic…”

The yellow CAT, an earth digging machine working across the fence was stirring up clouds of fine dust as it dug a deep hole along the fence line. Passersby had to give wide berth to avoid the blowing grit. The afternoon heat was particularly oppressive. My noon to 5 p.m. day watch isn’t the coolest time to sit outside, and I could barely find any shade on the walk home. The continued slaughter of shade trees is beyond reason. It is particularly hard on those of us who make our way on foot.

One of my readers today was the public relations officer of the Asheville Police Department. I believe it was she walking by on the sidewalk today alongside Chief Hogan and another officer in plain clothes mid-afternoon. They spent at least an hour, perhaps more, in City Hall.

Early this evening, I received an email from her attaching the Asheville Police Department press statement follow up on the hanging death at Aston Park. It was released “to dispel the many rumors regarding this case.”

In an earlier blog, I mentioned conversations at the Magnolia tree on Belle Chere weekend, the day the woman was found dead. In retrospect, I regret adding hearsay on my blog that may have fueled the rumors surrounding this most distressing death. The way this woman died, found hanging in a public park, will naturally spur speculation and public interest. However, the memo from Chief Hogan states that the Asheville Police Department “has declined further press inquiries into the incident and will continue to do so.” Is shutting off press inquiry the best way to discern the truth and quell rumor? Why no autopsy?

Magnolia Watch 37: Creative Leisure

Young Rachael was sketching Tuesday as she sat in the Magnolia shade. She and her mom, Monica, had come for the afternoon. Christy brought her two sons, Payson and Keiran. The older boy was absorbed in his hand-held video game, while the younger one, about six, was running around and around the Magnolia, timing his circuits.

One woman who stopped to sign the petition worked at the VA. "I'm on my way to get fingerprinted," she said. Apparently its a post 911 requirement for health care workers. We talked a little bit about eminent domain and the hesitation some have with the process.
"It's a good thing," she said.

"You wouldn't say you didn't need the sunshine just because it might burn you."

There have been close to 7,000 names collected in just a few weeks calling on our elected officials to invoke the power of eminent domain.

"Mayor Bellamy needs to take some leadership," Steve says. "She has the support of the citizens." He was on his way to another meeting of the Downtown Master Plan. At an earlier meeting, he said, he sat with others concerned about historic preservation. "What we're afraid of is they would use the Master Plan as an excuse to knock down historic buildings as a means of growing up not out," he said.

Matt, who handcrafts glass beads for jewelry, helps out with Magnolia Watch because "It's about keeping the heritage, a reminder of what this place used to be." He and his friend Willow just returned from a wedding in Baltimore and stopped by to check in.
"I'll be back to help with another overnight," he promised.

Steve recounted an early morning incident when a couple stood at the corner of the park near the City Building. The man was in his 50s and wearing a golf shirt, Steve said. He began shouting, "If I had my chainsaw I'd cut that tree down." Steve said the woman with him looked embarrassed. They didn't approach any closer to the Magnolia.

It's hard to understand such vehemence and vitriol, but in light of the killings at the Knoxville Unitarian church, it is clear that such misplaced anger can sometimes turn violent.

Kim and her daughter Lena brought some food and drink for the overnight crew and Rachael added a tomato from her garden. As we talked a bit about strategy and options she suggested, "You need to have people inside negotiating and people outside agitating."

"Its about everyone doing what they feel is best for the situation," Matt added.

Dave and I walked up to join the weekly Veterans for Peace vigil at Vance monument. That area too has suffered the years' long disruption of the Pack Square Conservancy. A fire hydrant was leaking and water was pooled in the street and streaming down the gutter. It has obviously been leaking for some time. I wonder just who in this city now has responsibility for such wasteful hazards?

Nick, Andrew and Jason, with guitars slung over their shoulders, stopped to sign the petition on their way to the edible park. "There is a really nice clearing there with a carpet of pine needles where people hang out," one man said. They promised to return sometime and play music for the Magnolia Watch folks.

Perry brought up a bit of old Asheville history talking about his friend, the late Jack Cheney, a much beloved activist who lived in Madison County.

Aaron had checked out the rumor about the city offering free bus tickets to anywhere in the country to homeless persons. "It was just a rumor," he reported.