Wal-Mart loses in variance request

By Wendy Hounsel

At last Tuesday’s city council meeting, citizens of Asheville triumphed over proponents of the proposed Super Wal-Mart development at the Sayles Bleachery site in east Asheville. In a decision which surprised and overjoyed many of the activists and concerned citizens present, two of the five city council members voted not to grant an exception to river protection rules for JDN Development, the company spearheading the project. Subsequently, the variance that the company requested was denied.

In order to break ground for the 63-acre sprawl, JDN needed a variance to existing guidelines now protecting the River Resource Yard, a large part of the Swananoa river bank along the Sayles site which extends 50 feet from the river. The variance would have allowed the developer to disturb the area considerably by building two bridges. According to Deborah McKenna of the North Carolina Clean Water Fund, 53% of the River Resource Yard was slated to be destroyed, although developers pledged to revegetate the area after construction was complete. They would not, however, have been able to replace a stand of mature oak trees slated for destruction.

The legal question at hand was not, “Should there be a Wal-Mart at Sayles?” but rather, “Do current guidelines create an unnecessary hardship for the developer?” Despite this technicality, it was plain that the citizens present saw the granting of the variance for what it was: a green light for the influx of increased traffic, water and noise pollution, flooding, erosion, and a reduced quality of life for residents of surrounding areas, quite possibly for all of Asheville. Public disapproval of the development was made plain when chairman Daryl Hart asked for a show of hands regarding the issue. The only hands raised in support were those of the vice president of JDN, JDN’s attorney, the two property owners, and an engineer/hydrologist hired by the company. The rest of the audience — over 100 people – raised their hands in opposition.

Ignoring the public outcry, the proponents presented their case. While professing the desire to handle the development in an ecologically sound way, they argued that their proposal was the only “economically feasible” alternative found for the site through “five years of actively searching,” according to property owner Harley Dunn. Thus, they reasoned, a variance was necessary for the property owners to avoid “economic hardship.”

Jim Siemens, attorney for the nearby Beverly Hills
neighborhood association, disagreed. He cited the owners’ leasing of warehouse space in Riverbend Business Park, located on the property, as evidence that the owners are already making money on the site, albeit a small amount, and thus have no legal right to a variance. “If the owner is breaking even, he can’t have a variance. That’s the law,” said Siemens, referring to a statement made earlier in the meeting by Dunn.

At the end of the four hour meeting, three of the council members seemed to be convinced of JDN’s need for a variance. Chairman Hart even brought up the idea that perhaps a new Wal-Mart Supercenter would constitute “enhancement” of the city. However, the guidelines for granting a variance state that it must be for the absolute minimum needed to get the job done. The remaining two members, Laura Malinoff and Dennis Hodgson, were not convinced that JDN’s plan did indeed constitute the minimum necessary for the property owners to make a “reasonable return” on the property, and that it would cause the least possible amount of damage to the River Resource Yard. The two voted against granting the variance, much to the surprise and relief of the Wal-Mart opponents.

JDN can still appeal to the Buncombe County Superior Court, resubmit its plan after a waiting period, drastically revise its plan, or drop the project altogether. But because of the amount of money the developers say they have spent on the now defeated plan, and the fact that there are already plans for another new Wal-Mart on Gerber Road in South Asheville, the possibilities of the developer’s making revisions, resubmitting after the waiting period, or appealing to a higher court seem small. The residents near the Sayles site hope that this denial has effectively shut the door on a Wal-Mart at the site.

Although the proposal was backed by wealthy supporters, the fact that it was defeated sends an important message: those who seek profit through the disregard and exploitation of people and the environment do not always succeed. Sometimes the people win, and this, apparently, was one of those times.

Charlotte calls for execution moratorium

Statement of People of Faith Against the Death Penalty

Charlotte, North Carolina, Sept. 5— After 14 months of meeting twice a month, conducting public education forums, and building local support, members of the Charlotte Coalition for a Moratorium Now and People of Faith Against the Death Penalty watched their city council override their mayor’s veto with an 8-3 vote and pass a resolution calling for a moratorium on executions.

“It’s hard to even imagine it’s happened,” said Ted Frazer, chair of the Charlotte Coalition. “It’s been a long process, but I would have never guessed at all the energy and all the people who came out.”

More than 150 people attended the city council meeting Tuesday tonight, almost all wearing “Moratorium Now” stickers.

During public testimony, four Charlotte residents spoke against the resolution, including a local minister and the leader of the local branch of the Fraternal Order of Police. James Ferguson, III spoke briefly to the council in favor of the resolution, saying he had never been prouder of the city council as when it voted for the resolution exactly one week earlier.

Mayor Patrick McCrory, whose veto of the resolution needed seven votes to be overridden, read descriptions of each of the murders committed by 10 death row inmates from Charlotte in the past decade. “We’re telling the citizens of our city that we want to delay their executions,” he said.

Republican city council member Ron Autrey said, “I believe every one of them should be executed.” But, he said, he supports the moratorium resolution because the justice system serves those defendants with enough money to protect themselves against the death penalty while poor defendants are given death.

“I believe justice must be as blind as we can make it,” Autrey said, “And resources shouldn’t make a difference.”

As part of the NC Moratorium Now campaign organized by People of Faith Against the Death Penalty, more than 70 resolutions calling for a moratorium on executions in North Carolina have been passed so far by congregations, community groups, businesses, and the governments of Carrboro, Chapel Hill, Charlotte, Davidson, Durham, Hillsborough, and Orange County.

For more information: PFADP: 919-933-7567

Activists work to stop Taylor’s I-MAX

Statement of ParkWatch

Environmental activists in western North Carolina are organizing to defeat Charles Taylor’s proposed I-MAX theater development adjacent to the the Blue Ridge Parkway. ParkWatch is pleased to provide leadership in organizing resistance to this wholly inappropriate and wasteful 4-story addition to our Parkway. Taylor’s huge I-MAX Theater joins his bigger plan to build an Economic Development Center next to the new Parkway Headquarters. Both are part of a campaign gimmick called his “Magnet Triangle Plan,” resurrected each election cycle since he introduced it at the Asheville Chamber of Commerce in 1994. His plan transforms public land to serve private commercial enterprise.

No federal agency ever requested Taylor’s Triangle Plan, nor has he introduced it to Congress. Not once during these 6 years did Taylor ask Parkway users if they wanted his towering I-MAX Theater overwhelming their Parkway. He builds support covertly within regional Industrial Tourism forces, exclusively among those who will profit from it — who are also among his political and financial supporters.

Now is the time to stop this monstrosity from being built, before funds are appropriated. In 1999, ParkWatch led a national campaign which stopped $5 million in federal and state funds from being appropriated. This is only a down payment on the massive I-MAX /Economic Development Center, which will cost taxpayers at least $10 million— a cost hidden from the public by piecemealing appropriations over several annual budgets to obscure total costs.

Here’s the danger for those who love the Parkway the way it is: according to paid research, Taylor’s I-MAX will attract over 600,000 visitors annually to the most heavily traveled five miles, already used by local residents as their Asheville Bypass. Look for Taylor’s I-MAX to cause this section of our Parkway to be 4-laned.

Taylor has thrown down the gauntlet, and made the I-MAX a center piece of his November re-election strategy. He’s turned Election 2000 into a referendum on the Parkway’s future: a vote for Taylor means you are in favor of building a 4-story I-MAX Theatre on the Blue Ridge Parkway. This November’s election will be your best and probably only opportunity to have your voice heard effectively. Speak now, or forever regret your silence.

For more information: parkwatch@earthlink.net

Selling spirituality – confrontation with the Bear Tribe

Editor’s note: the following is a first-person account from a participant in the event.

BJ McManama
Protesters gather at the site of the Bear Tribe workshop

Old Fort, North Carolina, Sept. 8-- On Friday, a group of represen-tatives from Earth First, the American Indian Movement (AIM), and the Asheville Leonard Peltier Support Group (LPSG), gathered at the Curtis Creek Campgrounds near Old Fort, NC. The objective for the weekend was to confront the people calling themselves the Bear Tribe Medicine Society and to demand they stop selling “Native” teachings and let them know their activities are being watched.

For those that aren’t familiar with the Bear Tribe, their founders and members have operated around the country and other parts of the world for more than 15 years and for almost that long have been asked by traditional Indian people to ‘cease and desist’ with these activities. They advertise weekends filled with American Indian teachings and sacred ceremonies for a high-price to people who are seeking this kind of experience. Unfortunately, this is not what they get for their money. In truth, the “students” of the Bear Tribe receive convoluted teachings by a group of mostly non-Indian people falsely claiming heritage and knowledge taught to them by traditional holy men and women.

These weekends and workshops are a very lucrative business for them and they have continued their activities until they’re driven out of an area by minimal participation or too much opposition from local traditional people. And their actions at the “meeting” we had with them told us they care no more for those they sell these teachings to than WalMart and other multinational corporations care what they do to the environment, third world countries, and our people’s land, health, ancient settlements, and burial grounds. Money is the bottom line.

During the month of August information about the Bear Tribe gathering, the location, and email address of Camp Grier was circulated throughout Indian country and many people sent in their thoughts and opinions to the director and his staff. About two weeks before the event was to take place I made a call to Camp Grier in Old Fort and was connected to the Reverend Shaw, director of the facility. I introduced myself and at first he was a little reluctant to talk with me because some of the letters and thoughts sent to him were harsh. However, after I explained that the comments came from years of fighting these people and their activities, and pointed out the damage caused by selling ceremony and false knowledge he became very open and supportive. During the course of our discussion he invited us to come to the camp and “air our differences” with these people. And when it came time to do this he was a man of his word and honored his invitation.

When we confronted Wind Daughter and another representative of the Bear Tribe at the entrance to Camp Grier on Saturday afternoon with our request to stop the sale of ceremony and teachings they were combative. They denied charging for ceremony and told us, “They didn’t make any money.” And that “the ceremonies were free!” Of course we knew different and once they realized we came prepared with the truth they backed down with some of the denials. However, they continued to argue and gave us all of the rhetoric we have heard for years by them and others selling ceremony. They told us that there was no other way for people to receive these teachings and they were doing a “service” to those that came to them to “learn.” There was four of our group that spoke to them briefly and directly – and they argued every point we made but their words were feeble compared to the truth of their actions. But our message was clear – the campaign to educate the people would go on until they had no more “customers.”

We also requested to speak to the people there but they refused. They also refused to give them information booklets we had prepared. However, on Sunday afternoon, three members of our group went back to Camp Grier and handed out these booklets to the people as they drove out of the facility. These booklets contain information concerning the issues that American Indian people face today. These issues are - the continued genocide of our culture and people - the removal of the Dineh and Hopi of Big Mountain by Peabody Coal - the continued incarceration of Leonard Peltier, and Eddie Hatcher - the life and still unsolved murder of Anna Mae - a list “unsolved” murders or suspicious deaths of Indian people on Pine Ridge and surrounding Indian country from 1973 to the present – and the Lakota Declaration of War and Solidarity against the “plastic medicine men” and “wannabe” tribes springing up all over the country. Also included was a list of authors and titles of Indian culture, history, and spirituality where those wanting to learn can acquire some of the knowledge they seek, as well as a list of authors to avoid. The bottom line was and is – “If you want to Be Indian, then LIVE Indian, and “living” Indian is not just spiritual weekends – it is taking responsibility for ourselves and our actions. It is caring for Mother Earth and living our lives with the next seven generations in mind.

And as the members of our group handed out this information it was revealed by the people leaving the camp that some of the Bear Tribe had gone back and told the participants that “the people wanting to shut them down were all around them in the woods.” And, “They are armed.” One person even claimed seeing a laser tracer in the trees - more evidence of their need to “demonize” us in order to cover up the truth. Someone from the Bear Tribe even called local law enforcement on Sunday to have our people removed. At that time Rev. Shaw made it clear to police that there were no threats made by our group, told them our people had permission to be there, and the police left without incident.

Some of the people coming out of the camp also shared that they were “disappointed” with what went on during the weekend and were receptive and accepted the information offered gratefully. Rev. Shaw told us that the Bear Tribe will not be allowed to return to their camp again. Everyone from Earth First, the Asheville LPSG, and AIM were instrumental in making this a peaceful and successful confrontation. We would like to thank Rev. Shaw for his interest and concern, and for his integrity and honesty. He found himself in an awkward situation and he acted with dignity and honor.

If you would like more information regarding Indian issues, a copy of our booklet, or to lend your support in the effort to free Leonard Peltier please call 232-0951 or email ThePeoplesVoice@hotmail.com.

Black activists urge boycott of Chattanooga, Tennessee

Chattanooga, Tennessee, Sept. 11— Charging that since 1980, over 40 people, most of whom were black, have been murdered by the city’s “reckless, ruthless and racist” police, a group of black activists has called for a tourist boycott of Chattanooga, Tenn.

In a related development, three black activists will go on trial Sept. 12 for protesting against police brutality at a meeting of the Chattanooga City Council in 1998. Lorenzo Komboa Ervin, co-organizer of Boycott Chattanooga!, Damon McGee and Mikail Musa Muhammad (Ralph P. Mitchell) are charged with disruption, a misdemeanor offense that outlaws making a verbal utterance or a physical action that disrupts a lawful meeting. If convicted, they face up to a year in state prison.

Chattanooga is located near the scenic Great Smoky Mountain National Park. “The lifeblood of Chattanooga’s economy is the tourist industry, which brings in millions of dollars each year,” Ervin said. “This money helps to make it possible for the uniformed assassins of the police department to get away with murder.”

Ervin urged tourist agents to “tell their customers not to trade with killers.”

Despite overwhelming evidence that the police killings were not suicides or accidents, as the police claim, no police officers have ever been prosecuted. For the past 15 years, an average of one person a month has been killed by the Chattanooga police, Ervin said.

One of the victims was Wadie Suttles, a 66-year-old black man who died at the city jail on Dec. 2, 1983. Maxine Cousins, a daughter of Suttles and co-organizer of Boycott Chattanooga!, said that her father was beaten to death by a police officer at the jail. “It was cold-blooded murder,” Cousins said. She and Ervin have accused some of the city’s civil rights groups of conspiring with police to cover up Suttles’ murder.

After her father’s death, Cousins co-founded the now defunct civil rights group, Concerned Citizens for Justice. In 1987, the group, in which Ervin was active, filed a federal voting rights lawsuit that resulted in the restructuring of the city government and the creation of the Chattanooga City Council in 1990. The first blacks were elected to city government since 1911.

The case against Ervin, McGee and Muhammad, who are known as the “Chattanooga 3,” dates back to May 19, 1998. On that day, the three activists helped to organize a demonstration at Chattanooga City Hall where over 150 people protested the police killings of Montrail Collins on April 28 and Kevin McCullough on May 6, 1998.

Source: Direct Action Media Network: damn@tao.ca