Darryl Cherney

By Judi Bari - Anderson Valley Advertiser, March 27, 1991; reprinted in Timber Wars, © 1994 Common Courage Press.

Corporate millionaires are a vindictive lot. Take Charles Hurwitz, for example. When he's not busy raiding other companies, slaughtering ancient redwoods, or stealing the workers' pension plan, Hurwitz amuses himself by suing impoverished Earth First!ers. Thus it came to be that Pacific Lumber, also known as PALCO, is suing Earth First! activists Darryl Cherney and George Shook for $25,000 for the crime of sitting in a redwood tree.[1]

Darryl and George have already paid their debt to society for this "crime" by serving 10 days in the Humboldt County jail.[2] But the lawsuit asks for additional civil penalties. Of course Hurwitz knows that he'll never get any money out of Darryl or George, since neither of them owns a thing. The purpose of this lawsuit is bare-faced harassment. Such lawsuits are called SLAPP suits (Strategic Lawsuits Against Public Participation), and are a standard weapon in the arsenals of destructive corporations trying to avoid public accountability. They are filed against people for engaging in political activities that should be protected by the Constitution. And, although SLAPP suits often fail in court, they succeed in diverting the attention and resources of activist groups, and in intimidating people from challenging the rich and powerful.

Darryl and George first attempted to settle this suit out of court, but PALCO refused their generous offer to pay $100 each, and the lawsuit moved on to the Justice Court of Fortuna. Fortuna is a town whose national anthem is "I'm a Lumberjack and I'm Okay," where the police chief last April instructed the good citizens not to talk to Earth First!ers. So Darryl and George, represented by lawyer Mark Harris (of Redwood Summer/Head Shaving Case fame) asked for a change of venue. And that's when the case got interesting.

Since they needed to prove that EF!ers can't get a fair trial in Fortuna, lawyer Mark Harris used the right of Discovery to request all documents Pacific Lumber may have relating to Cherney or Earth First! The stuff he got back -- mostly internal company memos sent from public relations director David Galitz to PALCO president John Campbell -- shows a sneering, bully mentality worthy of any Mississippi good old boy.

And it shows Pacific Lumber's complicity, at least in the role of official cheerleader, in the violence we are subjected to. I'm not making up a word of this. These are real Pacific Lumber memos, and are available for inspection.

Text of a Press Conference held April 11, 1990 at the Louisiana Pacific Mill, Samoa, California - Reprinted the Country Activist, June 1990, Earth First! Journal, Beltane (May 1), 1990, and abridged in the Mendocino Commentary, April 12, 1990

Web Editor's Note: The following introduction appeared in the Earth First! Journal alone:

In a move that has left some EF!ers confused or dismayed, several West Coast Earth First! groups have renounced tree-spiking. At press conferences held in mid April, the groups called upon activists to refrain from spiking trees in northern California and Oregon forests. This whole issue is very controversial…and we do not intend to cover the inevitable debate in EF! Journal. Below we simply reprint Northern California EF!’s press release—so that EF!ers will know what the groups actually said, not just what the rumors are saying—and, we urge interested EF!ers to contact the groups and individuals involved for more information. For a compelling letter in opposition to the tree­spiking renunciation, write Colorado EF! contact Michael Robinson. For arguments in support of the renunciation, contact North Coast EF! groups or Southern Willamette EF!

Text of the Tree Spiking Renunciation

In response to the concerns of loggers and mill-workers, Northern California Earth First! organizers are renouncing the tactic of tree spiking in our area. Through the coalitions we have been building with lumber workers, we have learned that the timber corporations care no more for the lives of their employees than they do for the life of the forest. Their routine maiming and killing of mill workers is coldly calculated into the cost of doing business, just as the destruction of whole ecosystems is considered a reasonable by-product of lumber production.

These companies would think nothing of sending a spiked tree through a mill, and relish the anti-Earth First! publicity that an injury would cause.

Since Earth First! is not a membership organization, it is impossible to speak for all Earth First!ers. But this decision has been widely discussed among Earth First!ers in our area, and the local sentiment is overwhelmingly in favor of renouncing tree-spiking. We hope that our influence as organizers will cause any potential tree-spikers to consider using a different method. We must also point out that we are not speaking for all Earth First! groups in this pronouncement. Earth First! is decentralized, and each group can set its own policies. A similar statement to this one renouncing tree spiking is now being made in Southern Oregon, but not all groups have reached the broad consensus we have on this issue.
But in our area, the loggers and mill workers are our neighbors, and they should be our allies, not our adversaries. Their livelihood is being destroyed along with the forest. The real conflict is not between us and the timber workers, it is between the timber corporation and our entire community.

We want to give credit for this change in local policy to the rank and file timber workers who have risked their jobs and social relations by coming forward and talking to us. This includes Gene Lawhorn of Roseburg Lumber in Oregon, who defied threats to appear publicly with Earth First! organizer Judi Bari. It also includes the Georgia Pacific, Louisiana Pacific, and Pacific Lumber employees who are members of IWW Local #1 in northern California.

Equipment sabotage is a time-honored tradition among industrial workers. It was not invented by Earth First!, and it is certainly not limited to Earth First! even in our area. But the target of monkey wrenching was always intended to be the machinery of destruction, not the workers who operate that machinery for $7/hour. This renunciation of tree spiking is not a retreat, but rather an advance that will allow us to stop fighting the victims and concentrate on the corporations themselves.”

By Judi Bari and Darryl Cherney - Industrial Worker, March 1990

“You better not think that you can come to Oregon because you won’t find a welcome,” warned Paul Moorehead of the Western Council of Industrial Workers (WCIC). Moorehead made his threat against IWW Local #1 organizer Judi Bari upon learning that she had been invited to participate in a Labor and the Environment workshop at a Public Interest Law Conference in Eugene, Oregon. In recent months rank and file mill workers (at Georgia Pacific’s mill in Fort Bragg) have expressed an increasing reluctance to listen to their union bosses when they tell them that wage cuts are OK, or that clearcutting the forests and destroying the earth is in workers’ best interests. No doubt Moorhead and his buddies intend to spread the word about “outside agitators” who are disturbing the profitable arrangement that the WCIC, In-ternational Woodcutters of America (IWA) and other business unions have worked out with the timber companies. “If any member of my union talks to you they’ll be out of a job,” Moorhead told Bari.

Yet Moorhead’s union, the WCIC, no longer represents workers in Mendocino County, California. The union was busted there in 1986, and now only 560 of the counties’ 3,000 workers have any union “representation” at all. Most of the 560 are “represented” by IWA Local #3-469. Despite Moorhead’s general disdain for his workers, he (and others, including the IWA, and many environmentalists) have been effective stooges in the lumber companies’ manufactured conflict between the workers and environmentalists. As a result most of the timber companies’ public support comes from the union itself.

However, not all of the workers have been fooled. With the help of the IWW, mill workers are starting to talk to each other and are coming to realize that they don’t need union bureaucrats to speak for them, and that only they can defend their jobs. “People came to the IWW because their union wasn’t representing them,” said Bari.

Introduction by x344543, August 31, 2013:

In her descriptions of the various efforts by Earth First! - IWW Local #1 to build alliances with timber workers on northwestern California's redwood coast, Judi Bari occasionally refers to an underground news letter called Timberlyin' published by a group of dissident Pacific Lumber workers, first in the article Timber Wars, published in the Industrial Worker in October 1989...

Pacific Lumber is another of the "big three" timber companies in the area. Until recently, it was a locally based, family-run operation paying good wages and amazing benefits. Pacific Lumber also treated the forest better than most and, because of its conservative logging and avoidance of clearcutting, has ended up owning most of the privately-owned old growth redwood that's left in the world.

But in 1986, Pacific Lumber was taken over in a leveraged buyout by MAXXAM Corporation, a high-finance holding company owned by Charles Hurwitz. Hurwitz financed the takeover with junk bonds, and is now liquidating the assets of the company to pay off the debt. But in this case, the assets of the company are the last of the ancient redwoods. Hurwitz has tripled the cut, instituting clearcutting. gutted the pension plan, and started working people overtime.

Employees reacted by attempting to organize an ESOP, or Employee Stock Ownership Plan, so that they could buy the company back and protect their jobs and community. As many as 300 people came to an ESOP meeting at its height. But Hurwitz, of course, refused to sell, and the ESOP plan died. MAXXAM expected everyone to just shut up and go back to work at that point. Instead some of the workers started publishing an underground paper called Timberlyin' (as opposed to the company's paper, Timberline), which lampoons management and, while rejecting the misleadership of both the ESOP and the AFL unions, calls on the workers to organize for self-protection.

By Judi Bari -  Composite of two articles from Industrial Worker, March 1989 and Earth First! Journal, Nov. 1, 1988; A substantially shortened summary also appeared in the Mendocino Commentary, October 6, 1988.

Web Editor's Note: Both the Industrial Worker and Earth First! Journal versions of this article are abridged in different places (evidently they’re both excerpted from a common press release). The following represents a combination of both articles. This is the very first article Judi Bari wrote for the Industrial Worker.

The best thing about our regional Earth First! gath-erings are the demonstrations afterwards. I mean, as long as you’ve got 200 yahooing Earth First!ers together, you might as well do an action. So, in keeping with this venerable tradition, our California Rendezvous September 16–18, 1988, we decided to indict some of the criminals responsible for the greenhouse effect. After all, as Fellow Worker Utah Phillips told us, “The earth isn’t dying; it’s being killed, and the people killing it have names and addresses.”

So we decided to use a traditional Wobbly tactic of an all-day roving picket line with the theme of the Greenhouse Effect. We printed indictment forms (with blanks to fill in the company name) and whipped up a few big banners saying “Guilty Guilty-Greenhouse Effect Violator,” and prepared some indictment forms to lay on the perpetrators.

We had plenty of violators to pick from, but time constraints forced us to limit it to four—Simpson Pulp Mill, MAXXAM / Pacific Lumber Corporation (in Scotia, CA), Eel River Sawmills, and a public hearing on offshore oil.

Simpson was the most dramatic. We gathered in the morning drizzle at Arcata Plaza. By the time our caravan reached Simpson pulp mill, we were 100 strong. Truck drivers were surprised by the sudden appearance of a raggedy mob, just back from three days in the woods, blocking the entrance road to the Simpson plant. We stretched our banners out in the road and, as the Arcata Union described it, “As a truck tried to turn onto Samoa Blvd., the Earth First!ers stood firm in its way and started howling like coyotes.” The first truck stopped and we ran over to tell the driver that the IWW says take a break on us. That was fine with him, and he kicked back to enjoy the show. The driver coming the other direction, though, didn’t take it so easy. No damn hippies were gonna stop him from going to work—he was going to ram our line. “Stop Mr. Block!” chanted the crowd, but the truck kept coming until Earth First!er Corbin Solomon courageously dove under the front wheel of the moving semi. The driver stopped, cursed, then rolled forward. Our line held firm, and people started yelling “Brian Willson!”  as the truck wheels came within feet of Corbin’s body before it finally stopped.

IWW rep Billy Don Robinson jumped up on the truck’s running board to talk some sense into his fellow wage slave. But Mr. Block wasn’t in a talking mood, and took a swing at Bill Don. “No jobs on a dead planet!” chanted the crowd, as the standoff continued for 30 minutes, with trucks backed up down the highway in both directions. Finally the police showed up and ordered us to leave. Since we had more work to do that day, we cheerfully obliged, jumping into our cars loudly announcing “Eel River Sawmills next!” Then we proceeded to Pacific Lumber Corp., skipping Eel River for now and losing our police escort.