Jean Walsh Declaration 043023

Case 3:23-cv-01999-WHO Document 31 Filed 04/30/23 Page 1 of 24
1 BARBARA J. PARKER, City Attorney, SBN 069722

MARIA BEE, Chief Assistant City Attorney, SBN 167716
2 JAMILAH A. JEFFERSON, Supervising Deputy City Attorney, SBN 219027
JORDAN FLANDERS, Deputy City Attorney, SBN 306707
3 One Frank H. Ogawa Plaza, 6th Floor
Oakland, California 94612
4 Telephone: (510) 238-7686; Fax: (510) 238-6500
Email: jjefferson@oaklandcityattorney.org
5 X05494/ 3266519
6 Attorneys for Defendant(s),

CITY OF OAKLAND
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9 UNITED STATES DISTRICT COURT

10 NORTHERN DISTRICT OF CALIFORNIA
11 SAN FRANCISCO DIVISION
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JESSICA BLALOCK; LYDIA BLUMBERG; Case No.: 23-cv-01999 WHO
13 LISA GRAY-GARCIA; and YESICA PRADO,
14 Plaintiff(s),
DECLARATION OF JEAN WALSH IN
15 v. SUPPORT OF DEFENDANT CITY OF
OAKLAND RESPONSE IN OPPOSITION
16 OAKLAND POLICE DEPARTMENT; TO PLAINTIFFS’ MOTION FOR
CAPTAIN BURCH; LATONDA SIMMONS; TEMPORARY RESTRAINING ORDER
17 and CITY OF OAKLAND,
18 Defendant(s).
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DECLARATION OF JEAN WALSH
1 I, JEAN WALSH, declare as follows:
2 1. I am a Public Information Officer for the City of Oakland (“City”).  I have been
3 employed with the City since June 2022.  I have been the Public Information Officer (PIO) since
4 I started with the City.  The matters set forth herein are known to me to be true and, if called
5 upon, I would competently testify thereto.
6 2. As a PIO for Oakland, my duties include, among other duties, responding to
7 media inquiries, writing and disseminating press releases, writing and posting content to the City
8 website, monitoring media mentions .
9 3. Oakland PIO team does not normally attend encampment interventions. It is my
10 understanding that the location of typical encampment interventions is unrestricted to the public
11 and the press. There is no fencing to block the site from the public or the press. If heavy
12 machinery is operating, City crews may use temporary yellow “caution” tape or orange mesh
13 fencing to alert individuals of their presence. Otherwise, it’s my understanding that the sites are
14 open to the public or press.
15 4. At times, larger encampment closures may draw public and media interest. In
16 those cases, such as the closure at 1707 Wood Street, where we anticipate or receive media
17 interest, the PIO team can be available to speak with media, respond to questions via email, draft
18 press statements and organize press conferences.
19 5. In the case of the 1707 Wood Street closure, the PIO team has been involved in
20 drafting press statements and responding to media inquiries since at least early 2022.
21 6. Although the closure was larger in scale than others, the plan for media was not
22 initially any different than for other routine, smaller and/or non-contentious closures that I
23 described in paragraph 3. However, for the 1707 Wood Street closure, I planned to be personally
24 present during parts of some days of the two-week closure to hold a press conference on April
25 10, observe the operation, prepare media responses to disseminate via email, and possibly speak
26 with media onsite in real time.
27 7. On the first day of the closure, April 10, 2023, the PIO team organized a press
28 conference and invited media outlets that were on our existing press list. LaTonda Simmons, the
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1 Assistant City Administrator and the Acting Homelessness Administrator, spoke in front of
2 cameras. The press conference was held at 1707 Wood Street at the intersection of 18th Street
3 and Wood Street. The location was selected the morning of the press conference to be away
4 from the protesters/advocates who were gathered at 20th and Wood Street.
5 8. There was no separation between media, the public, and City staff at the April 10
6 press conference. Protestors followed members of the media from 20th and Wood Street to the
7 location of the press conference. They chanted, shouted at Ms. Simmons and came within a few
8 feet of her as she attempted to speak. The PIO team was concerned about the safety of Ms.
9 Simmons and other city staff. The Court can view a clip of the press conference
10 at: https://www.youtube.com/watch?v=pftf_EmPjMA .
11 9. The press conference was held within 15-20 feet of the perimeter of the 1707
12 Wood Street parcel. Although City crews attempted to create a “safe space” for their machinery,
13 the public and media were still physically present within this space. No person from the media
14 or otherwise was prevented from “attending” the conference within a few feet from where it was
15 being held.
16 10. In the period from Monday April 10 to Wednesday April 19, the PIO team was
17 not directly involved in the closure operations. Except for organizing the initial press
18 conference, my role on site was limited to observing the operation, responding to media inquiries
19 over email, and gathering information for news releases.

20 11. In the period from Monday April 10 to Wednesday April 19, the media and
21 general public were not prevented from entering the 1707 Wood Street parcel or directly adjacent
22 right-of-way (only closed to vehicle traffic) and, so, there was no need to check media
23 credentials. I witnessed several people with cameras with free access to the site. I am not aware
24 of any complaints about media access during this time period.
25 12. I monitored the mainstream media and scanned social media for media stories and
26 statements from the perspective of the unhoused. I learned that groups were encouraging
27 supporters to come to the closure each day from 8:30 a.m. to 5:00 p.m. I also became familiar
28 with the journalists covering the story of the encampment closure. A true and correct copy of the
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1 flyers that I viewed on various social media outlets is attached as Exhibit A. Some of the
2 journalists who were covering the encampment closure were Caron Creighton, Natalie Orenstein,
3 and Yesica Prado.
4 13. On April 12, I learned of several incidents that caused the encampment cleaning
5 to slow or stop. I viewed photographs of an individual lying underneath a Public Works trash
6 packer, which prevented it from moving or being used to pick up debris. These photographs also
7 show those living on the parcel alongside other individuals pile debris on Wood Street near the
8 18th Street corner in an apparent effort to block City trucks from traveling on the right-of-way or
9 entering the parcel or proceeding further in the right of way. A true and correct copy of
10 photographs taken by Deputy City Administrator Amauri Collins-McMurray recording some of
11 these events is attached as Exhibit B.
12 14. From my understanding, the City was not able to enter the 1707 Wood Street
13 parcel from April 12 through April 19. City crews were limited to cleaning debris and removing
14 vehicles in the right-of-way because of the continuous resistance from individuals on the parcel
15 to block City’s crews from entering. To that end, on April 18, the PIO team issued a news
16 release explaining that the Encampment Management Team “focused on deep cleaning the
17 public right of way around Raimondi Park and planning the remainder of the operation.” A true
18 and correct copy of the press release is attached at Exhibit C.
19 15. On April 20, 2023, the City began a second “phase” of the closure. I was aware
20 that the second phase included a complete closure of the parcel and surrounding streets to
21 pedestrian and vehicle traffic. City crews, outreach workers, City staff, and law enforcement
22 were inside this closure “zone.” However, reinforced fencing was placed around the perimeter
23 of the parcel and streets to restrict public access. I was peripherally involved in the planning for
24 media access once public access to the area was completely restricted.
25 16. The second “phase” organized the parcel into four “work areas” or segments. The
26 first work area was at the southern portion of the parcel located near 18th and Wood
27 Street. Before operations began on April 20, the City blocked traffic along 18th Street and 20th
28 Street from Wood Street to Campbell Street and fenced off Wood Street from 18th to 20th
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1 Streets. At that point, members of the public and the press were prevented from entering the
2 1707 Wood Street parcel.
3 17. On April 20, with the parcel blocked to the public, members of the media were
4 initially directed to 20th Street at the opposite end of the work area. Protestors were blocked from
5 entering beyond the fences, but there was a designated area within the fenced area on Wood
6 Street for the press.
7 18. When I arrived on site on April 20, I became aware of complaints that the press
8 area was too far from where the work was being performed. To address these complaints, and to
9 expand visibility of the work zone, OPD representatives and the PIO team began directing press
10 and the public to Raimondi Park, which is directly adjacent to (across the street from) 1707
11 Wood Street on the east side of Wood Street and spans the entire length of the parcel from 18th
12 Street to 20th Street. A true and correct copy of photographs showing the vantage point from the
13 press access points at 20th Street and along Raimondi Park is attached as Exhibit D.
14 19. On Thursday, April 20, I spoke with a KQED reporter on the parcel within the
15 work zone, having apparently accessed the site before barricades were erected. On Friday, April
16 21, I spoke with reporters from the Daily Californian outside the work zone.
17 20. On Monday, April 24, I learned that the individuals living at 1707 Wood Street
18 encampment tried to host a press conference on the parcel at 8:00 a.m. on April 24, but that the
19 security fencing had already been erected in anticipation of the work beginning that morning. As
20 I understand, the Encampment Management Team previously (and without any awareness of an
21 intended press conference) noticed the start time for 8:00 a.m. to begin cleaning the parcel that
22 day. As a result, the security fencing was erected prior to the start time at 8:00 a.m. The PIO
23 team was not told of the April 24 press conference in advance and so no member of our team
24 was on site before 9:00 a.m.
25 21. On Tuesday, April 25, I was onsite for several hours. I personally escorted
26 Plaintiff Yesica Prado onto the parcel at approximately 1pm. I did not limit where she went or
27 whom she spoke with. She stayed for about an hour and spoke with residents, took photos, and
28 handed out papers to the residents. Neither law enforcement nor I restricted Ms. Prado’s ability
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1 to engage in her “work” as she represented to the Court at the hearing on Friday, April 28.
2 22. To address the complaints about restricted and sometimes inconsistent access, the
3 PIO team and Encampment Management Team collaborated on a proposed media access policy
4 specifically for the Wood Street encampment closure to allow reporters to access the parcel more
5 consistently, prevent interference or obstruction with the operation, and maintain the safety of
6 City staff and individuals who remained on the parcel.
7 23. The policy is intended to be flexible and is the result of the unique characteristics
8 of the Wood Street encampment – including, for example, its size, location, and the level of
9 resistance and interference from the individuals in the encampment. The policy attached to my
10 declaration is only applicable to the unique circumstances of the 1707 Wood Street closure. A
11 true and correct copy of the Media Access Policy for the 1707 Wood Street Encampment
12 Closure as of April 29, 2023, is attached as Exhibit E.
13 24. The policy allows a broad range of press to access the restricted parcel during
14 escorted visits from the time work commences to the time work ends. Although the policy now
15 limits escorted visits to a minimum of 30 minutes, so far, all escorted visits have lasted
16 approximately one hour or more. The PIO team will accommodate longer visits to the extent the
17 visits do not unreasonably interfere with the City’s operations, the safety of the staff and
18 individuals living in the encampment, and the ability of all press present to receive an escorted
19 visit. If conditions are safe, at times, we can allow multiple members of the media access the
20 parcel at one time.
21 25. Outside of escort periods, the press is still able to view the site at either side of
22 Wood Street (on 18th Street or 20th Street) and along the Raimondi Park fence line (which extends
23 the entire length of the parcel from 18th Street to 20th Street). Individuals inside the encampment
24 are able to speak to reporters at the fence line or outside of the work zone at any time.
25 26. An individual is admitted onto the parcel if they (a) identify themselves and their
26 media outlet (if applicable), (b) wear a reflective safety vest to allow City staff to identify them
27 as authorized individuals in the work zone, and (c) agree to remain within sight of a City escort,
28 stay at least 15 feet away from equipment and not obstruct the work.
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1 27. This pilot policy was first implemented on Wednesday, April 26. The City’s PIO
2 team implemented this policy as soon as possible once it received specific complaints about
3 inconsistency and restricted media access after the area was closed to the public on April 20. On
4 Wednesday, April 26, I personally escorted Isabeau Doucet within the work site. She stayed
5 over an hour. On Thursday, April 27, I escorted Nuala Bishari within the work site. She stayed
6 over an hour. A true and correct copy of photographs taken by me depicting journalists
7 accessing the site on April 25-27 during escorted and un-escorted visits is attached as Exhibit F.
8 28. I am aware of several independent journalists evading the press access points. I
9 witnessed Jungho Kim (an individual who submitted a declaration to the Court in support of
10 plaintiffs’ position) and Jason Motlagh, along with a cameraperson, taking photos /video and
11 talking to residents on the parcel. When I approached these individuals, they provided their
12 names and media credentials and agreed to wear a safety vest. Their time in the site was not
13 limited; they stayed for over an hour.
14 29. Caron Creighton, who has stated she is making a documentary about Wood Street,
15 has had all-day access to the parcel throughout the entire operation since April 10, and has
16 documented the activities extensively on Twitter. She appears to arrive before the crews each
17 morning.
18 30. Importantly, April 26, 2023, three individuals within the work zone claimed to be
19 members of the media but refused to provide their names or the media outlet they were affiliated
20 with when I inquired. They also made derogatory remarks about me. I learned later that one of
21 those individuals had tried to stop the removal of an RV that day. The individuals remained on
22 the site.
23 31. On Thursday, April 27 at 5:00 p.m. I was notified that Ms. Prado was at the site. I
24 left the site earlier that afternoon once no media was requesting access. I made my way to the
25 location where Ms. Prado was standing to find work completed for the day, City crews leaving,
26 and the work zone unsecured. Ms. Prado was standing where the fences had been and had not
27 entered the site. She stated that she had been waiting to gain access to the site. I pointed out that
28 the work had ended, and the site was open to the public and there was no need to be escorted by
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1 a PIO as she had full access.
2 32. At no point during the operation have I limited media access to the site based on
3 the viewpoints or specific media coverage. I am aware of social media posts and articles
4 protesting the City’s operations. Nevertheless, once the Wood Street-specific media policy was
5 established, the City PIO team has continued to provide access to the site to any media member
6 who provides their name and requests access and agrees to follow the safety rules regardless of
7 the content of their reporting.
8 I declare under penalty of perjury under the laws of the State of California and United
9 States of America that the foregoing is true and correct. Executed this 30th day of April 2023, in
10 Oakland, California.
11
12 _______________________________
JEAN WALSH
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1 CERTIFICATE OF SERVICE
Blalock, et al. v. Oakland Police Dept., et al.
2 United States District Court Case No. 23-CV-1999 WHO
3 I am a resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is City Hall, One Frank H. Ogawa Plaza, 6th Floor,
4 Oakland, California 94612. On the date set forth below, I caused service of the foregoing
documents:
5
DECLARATION OF JEAN WALSH IN SUPPORT OF DEFENDANT CITY OF
6 OAKLAND RESPONSE IN OPPOSITION TO PLAINTIFFS’ MOTION FOR
TEMPORARY RESTRAINING ORDER
7
8 ☐ By United States mail. The documents were enclosed in a sealed envelope or package
addressed to the persons at the address(s)es listed below and (specify one):
9 ☐ The envelope was placed for deposit with the United States Postal Service, with the
postage fully prepaid.
10
☐ The envelope was placed for collection and mailing, following our ordinary
11 business practices. I am readily familiar with the City of Oakland’s practice for
collecting and processing correspondence for mailing. On the same day that
12 correspondence is placed for collection and mailing, it is deposited in the ordinary
course of business with the United States Postal Service, in a sealed envelope with
13 postage fully prepaid.
☒ By email transmission. Based on an agreement of the parties to accept service by email
14 transmission, I sent the documents in PDF format to the person(s) at the email addresses
listed below.
15
☒ By e-service. I submitted the documents for filing to an E-Filing Service Provider,
16 which in turn files the documents and serves them via email at the e-mail address(es)
listed in the court’s Electronic Mail Notice List.
17
Anthony D. Prince Yesica Prado
18 Law Offices of Anthony D. Prince 1349 Hearst Avenue
2425 Prince Street, Ste. 100 Berkeley, CA 94702
19 Berkeley, CA 94705 Email: yesica.prado13@gmail.com
Email: princelawoffices@yahoo.com
20 Tel.: (510) 301-1472 Tel.: (773) 751-9522
21 Attorney for Plaintiff Jessica Blalock
PRO SE
22
Lydia Blumberg Lisa Garcia
23 3126 Shattuck Ave. No information provided.
Berkeley, CA 94705
24 Email: None PRO SE
Tel.: (415) 570-1945
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PRO SE
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1 Courtesy copies to:
2 HUNTER PYLE, SBN 191125 BRIGITTE NICOLETTI, SBN 336719

HUNTER PYLE LAW EAST BAY COMMUNITY LAW CENTER
3 505 14th Street, Suite 600 2921 Adeline St.
Oakland, CA 94612 Berkeley, CA 94703
4 Tel: (510) 444-4400 Tel: (510) 548-4040
Email: hunter@hunterpylelaw.com Email: bnicoletti@ebclc.org
5
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I declare under penalty of perjury under the laws of the United States of America that the
7 above is true and correct. Executed on April 30, 2023, at Oakland, California.
8
Digitally signed by Cynthia Andrada
Date: 2023.04.30 16:22:00 -07'00'
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CYNTHIA ANDRADA
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EXHIBIT A
Journalists and people with phones in the work site near equipment (April 12)
EXHIBIT B
EXHIBIT C
Plaintiff Jared DeFigh blocking equipment on April 12

EXHIBIT D
Plaintiff Jackson Blain blocking equipment at a parcel fence on April 27

EXHIBIT E
Plaintiff Jackson Blain and other individual blocking equipment at back of parcel on April 27
EXHIBIT F

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Case 3:23-cv-01999-WHO Document 31 Filed 04/30/23 Page 1 of 24

1 BARBARA J. PARKER, City Attorney, SBN 069722

6 Attorneys for Defendant(s),

9 UNITED STATES DISTRICT COURT

1 I, JEAN WALSH, declare as follows:

5 upon, I would competently testify thereto.

6 2. As a PIO for Oakland, my duties include, among other duties, responding to

8 website, monitoring media mentions .

9 3. Oakland PIO team does not normally attend encampment interventions. It is my

14 open to the public or press.

18 press statements and organize press conferences.

26 with media onsite in real time.

19 over email, and gathering information for news releases.

24 of any complaints about media access during this time period.

3 and Yesica Prado.

10 photographs taken by Deputy City Administrator Amauri Collins-McMurray recording some of

11 these events is attached as Exhibit B.

18 and correct copy of the press release is attached at Exhibit C.

2 1707 Wood Street parcel.

6 Street for the press.

24 was on site before 9:00 a.m.

6 City staff and individuals who remained on the parcel.

12 Closure as of April 29, 2023, is attached as Exhibit E.

13 limited; they stayed for over an hour.

1 a PIO as she had full access.

7 the content of their reporting.

1 Courtesy copies to:

2 HUNTER PYLE, SBN 191125 BRIGITTE NICOLETTI, SBN 336719

Plaintiff Jared DeFigh blocking equipment on April 12

Plaintiff Jackson Blain blocking equipment at a parcel fence on April 27

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