The mother of a critically ill child, who claims to rely on the Children’s Hospital at the University of California at San Francisco (UCSF), and a public interest group called the Mission Bay Alliance, have filed a lawsuit in Superior Court in Alameda County, alleging that UCSF illegally signed an agreement with the Golden State Warriors that would give away state property to private parties and pose potentially grave health and safety dangers to Bay Area residents.
Specifically, “the parents of critically ill children” fear that the Warriors arena, located a mere 1,000 feet from the UCSF emergency room, could block access to life-saving care.
“I filed this lawsuit because I can’t believe that the Chancellor would allow the Warriors to build their arena next to the hospital,” said Jennifer Wade, an Assistant Professor of Biology who previously earned her doctorate at UCSF.
The Chancellor and UCSF initially criticized the proposed arena and formally expressed their concerns in at least four demand letters, citing problems with noise, traffic, safety, and hospital access.
“It’s not clear why the Chancellor changed course or whether he was forced to do so by city officials. But the Mission Bay Alliance felt compelled to protect the vitality of one of the country’s most distinguished and innovative institutions of Medicine and Life Sciences,” said Dr. William Rutter, who joined the UCSF faculty in 1968 and helped create the Mission Bay campus. The lawsuit alleges inappropriate behavior from a number of public officials including San Francisco Mayor Ed Lee. According to the complaint, Mayor Lee threatened to retaliate against UCSF if it continued its opposition to the proposed Warrior’s stadium.
Represented by David Boies and the law firm Boies, Schiller & Flexner, the plaintiffs also believe that the agreement between UCSF and the Warriors violates state law because UCSF Chancellor Sam Hawgood lacked authority to negotiate or sign the agreement without the approval of the UC Board of Regents, who have not expressed support for the project, and lacked authority to give away public property.
“The Chancellor overstepped his authority,” said Richard Snyder, a former adjunct professor at UC Hastings School of Law, who now serves on the board of Mission Bay Alliance. “It is my understanding that Chancellor Hawgood cannot gift valuable property rights belonging to the University of California, and certainly not without the Regents’ approval.”
The Chancellor’s agreement with the Warriors also commits UCSF to “actively and publicly support” the construction and operation of the arena. “The Chancellor not only signed an agreement that threatens the future of the university, but he also sought to silence opposition from UCSF’s faculty, staff, and supporters,” said Jeanne Robertson, who served as the Chairman of the UCSF Foundation and has joined the effort to stop the arena construction in Mission Bay.
“California law imposes careful limits on leaders like Chancellor Hawgood and others,” said Josh Schiller, a partner at Boies Schiller, and Flexner LLC, who represents the Alliance. “The Chancellor can’t give away UCSF’s valuable property rights, which belong to all Californians, and he can’t sign agreements relinquishing the University’s rights to protect itself from the arena in the future. Such actions are not only bad for UCSF and the patients who rely on its medical facilities—they’re illegal.”
The lawsuit was filed after the Board of Supervisors voted unanimously earlier this month to reject an appeal of the environmental impact report for the planned arena. The Board went on to approve the project in its entirety.
Prior to the lawsuit, the Warriors planned to move from the 18,000–seat arena in Oakland to the new facility in time for the 2018–19 NBA basketball season.
