Sidewalks

Posted: September 9th, 2013

Sidewalks

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Sidewalks

            The concept of public space is meant to refer to any social space that can be accessed by people. Examples of common public spaces include pavements, sidewalks, parks, beaches and public squares. Public space gained a new meaning after the Renaissance when they were transformed into platforms where art could be expressed or displayed. Urban sidewalks have been one of the conflictual aspects of public space that has pitted various stakeholders over their significance and use. Sidewalks have been significant especially in their usage by political demonstrators, gardening and shelter for the homeless[1].

The many uses of the sidewalk at some point overlap creating conflicts among the various users. The usage of sidewalks in urban democracy has gained prominence in most developed countries and has similarly attracted civil rights advocates, municipal governments and political activists all of who had an opinion on their usage. Municipalities have laid down regulations that govern how sidewalks can be used in a manner that ensures public order. Sidewalk democracy, for example, has attracted numerous legal battles with the parties arguing over whether to maintain public order or exercise assembly rights.

The municipal governments have been at the forefront in regulating the use of sidewalks using de-emphasis campaigns on sidewalk use that saw the creation of walkways and introverted spaces. The municipal also engages in beautification processes to deter political action on sidewalks. Third, the municipal has also leased out some sidewalks to private organizations that erect fences and lastly, by formulating land use controls. The regulations that have been introduced were aimed at limiting unwanted activities on sidewalks thus segregating people and business activities into distinct districts, for example, the vending district in Los Angeles that has eliminated vending on any other streets or the red-light districts.

Sidewalks have often been disregarded as being obvious and common. However, sidewalks are the foundation and environment for control. Sidewalks are more than elements of the city as they also form a platform for social contact, assimilation. Conversely, sidewalks are also the sites for expression of political rights such as free speech and rights of association. Loukaitou-Sideris and Renia Ehrenfeucht, as well as Jane Jacobs, were strong proponents of the sidewalk concept and its evolving use among the public. Loukaitou-Sideris also demonstrates the significance of the sidewalk in five cities, in US, to sex workers, homeless, traders and immigrants[2].

Sidewalks evolved from being routes that were normally used by pedestrians to being used for numerous purposes such as entertainment and recreation. The introduction of limitations on the usage of public spaces can be justified because certain behaviors are considered obnoxious such as drug use or indecent exposure. Denying or limiting public access to sidewalks and other public spaces goes against the wishes and desires of the citizens in a manner that is similar to the Hawaii situation with Mauna Kea. The usage of sidewalks has been limited largely by the government, as was the case with the UHIFA and NASA who got support from the state[3].

Cash, Color, and Colonialism

            Federal recognition refers to the procedure by which a historic tribe, community or group makes a pact or a relationship with a government such as the United States of America. Traditionally, the pact was made by federal, congressional legislation or by recognizing by judicial determination or the Executive branch. The Native Americans that first occupied America before it was colonized and transformed by the entry of different cultures across Europe have always required that the current US government award them the necessary recognition. The criteria used to qualify the Indian tribe for acknowledgement are however, very stringent, extreme and are manipulated by the US government to eliminate most tribes.

The seven mandatory criteria that are used to qualify a community or a tribe must be met, before recognition occurs. One, the petitioner must be an American Indian since 1900. Two, a larger part of the group petitioning has to be from a different community. Three, the petitioner should have a considerable political influence over the members from history. Four, the petitioner must present the official governing documents to the US government. Five, the petitioner’s membership comprises of people who descend from a historical Indian tribe or from historical Indian tribes that function as a single independent political body. Six, the composition of the petitioning group should be primarily people that do not belong to any other acknowledge group. Lastly, both the petitioner and the members are exempted from congressional legislation that can terminate the federal relationship[4].

Being a recognized community has certain advantages attached to it that creates the pressure for more and more communities to join the bandwagon of federally acknowledged tribes. By 2007, over 560 Indian communities had been recognized by the United States of America. These newly recognized communities immediately became eligible for funding and services from the Bureau of Indian Affairs (BIA). However, the biggest benefit of having a tribe that is federally recognized by the USA is that they have retained and acknowledged sovereign status. Such communities are exempted form local and state jurisdiction, for example, laws regarding gambling and taxations do not apply to them. In return, the US maintains a trust pact with the tribes that allow land to be held by America on behalf of the tribes. The idea that dangling support from  the BIA for the tribes to invest in programs that benefit Indian communities while assuming administration of the native’s lands shows an unfair deal in which the US government manipulates the tribes to achieve their interests.

The criteria are mandatory in nature and include proof of historical existence since 1900; evidence of the community’s governing documents and other requirements for the petitioners. It is important to note that state recognition does not necessarily mean that one is similarly qualified for federal recognition and acknowledgement. Placing many limitations in the acknowledgement of tribes by the US is a tactic through which America can manipulate the communities to achieve their interests. The Mauna Kea conflict is similar to this case in that the interests of the state are placed above those of the citizens.

Historical background and significance of Mauna Kea Mountain

Mauna Kea lies on the island of Hawaii and forms the highest point above sea level. The mountain is about 2,000 years old that has given it significance among the societies that live around it. In Hawaiian mythology, Mauna Kea is considered a scared place. The upper areas of Mauna Kea are considered the Wao Akua or the territory of the Akua-Creator and the summit is considered the temple of the Supreme Being. Contemporary Hawaiian communities still revere the mountain and regularly perform their religious and cultural practices on the mountain. The Hawaiians consider the mountain as the meeting point of the deities and gods[5].

Apart from being a historical shrine for the Hawaiians, Mauna Kea also has numerous archaeological sites and traditional, cultural properties that are listed in the National Register of Historic Places as valuable locations. The plans by the Historic Preservation Division in Hawaii to convert all the archeological sites around Mauna Kea as national tourist attraction sites forms the major point of conflict between the state authorities and the local communities. However, the astronomical value of the foot of the mountain that is currently occupied by the Board of Land and Natural Resources (BLNR) and leased out to the University of Hawaii Institute for Astronomy (UHIFA) that runs an astronomy program has also brought about the question on its continued use[6].

The conflict between cultural and environmental conservationists and scientists over the construction of the Thirty Meter Telescope was a presentation of the struggle between secular and religious parties. For Hawaiians, the ascent to the summit of Mauna Kea brings one closer to the spiritual realm. The fact that the foot f the mountain serves as the resting point of the ancestors that means that they respect and revere the spirits of their ancestors. The natives therefore, demand appropriate behavior whenever anyone approaches the vicinity. The religious significance of Mauna Kea is also because they draw their strength from cultural protocol practices that were rooted in Mauna Kea.

The poor management of the natural resources by UHIFA and BLNR came under the scrutiny of the Hawaii state auditor who reported that the university’s telescope construction project was being done at the expense of the natural resources. Some of the immediate results of the telescope construction included the destruction of historic sites and shrines, clearing of rare insects’ habitats, land degradation as well as pollution. The development of six outrigger telescopes at the W.M. Keck Observatory on Mauna Kea in a joint effort by NASA and UHIFA failed to acknowledge the advice from the state auditor.

During this construction period, the native Hawaiians were awarded a minimal advisory role by the UHIFA that ensured that they could not interfere in the process. The basis for the increased concern by the community members revolved around how the natural resources were being destroyed by the two key organizations. UHIFA and NASA argued that the installation of the telescopes was hugely significant as it offered access to the skies. The governor also shared the same sentiments when she gave permission to proceed with the NASA project. In this situation, the government gave no heed to the needs of the community members who desired to leave the environment intact.

One of the roles of the government is to translate the desires of the public into tangible policies that assist in realizing the needs. In the case of Mauna Kea astronomical activities, the governor Linda Linge should implement policies that would protect the traditions and culture of the Native Hawaiians. Her argument that the installation of the telescopes would result in increased employment opportunities for the Hawaiians was valid but irrelevant as the issue was not unemployment but preservation of cultures[7]. The legal battle that ensued between these two parties, the natives and the academic institutions provided a wealth of information.

The presentation of the court case against the installation of the KECK telescopes’ on Mauna Kea by the natives was justified because the state was suspected to continue expanding the science project on the mountain if they were not checked. The state was bound to continue supporting the scientific presence in Hawaii until the historical relics and natural habitats were depleted or destroyed. The court case may not necessarily stop the science projects, but at least they could set the platform for increased regulations that will balance the competing groups at the summit. The important scientific experiments could go on, and the cultural and environmental resources could be preserved.

The two cases display a dilemma of concepts each of which are equally important to the societies but at the same time, is also detrimental to them. In the first case, the limitations on public spaces went against the ever-increasing expression of free will in public spaces. In the second instance, the conservation of cultural ways conflicted with the pursuit of modernity and capitalism.

References

Belluschi, Anthony. 2006. Urban places, public spaces: the architecture of Anthony Belluschi. New York, N.Y.: Edizioni Press.

Cramer, Renée Ann. 2005. Cash, color, and colonialism: the politics of tribal acknowledgment. Norman: University of Oklahoma Press.

Li, Mimi. 2003. Urban regeneration through public space a case study in squares in Dalian, China. Waterloo, Ont: University of Waterloo, [Dept. of Geography]

Linn, Donovan. 2012. Highest astronomical and research observatories. Delhi: University Publications. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&db=nlabk&AN=397449

Loukaitou-Sideris, Anastasia, and Renia Ehrenfeucht. 2009. Sidewalks: conflict and negotiation over public space. Cambridge, Mass: MIT Press. Retrieved from http://site.ebrary.com/id/10285633

McEldowney Holly.2012. Cultural Resources Reconnaissance of the Mauna Kea Summit Region. Mauna kea-From mountain to Sea. Retrievd from http://www.mauna-a-wakea.info/maunakea/F5_link4.html

West, Michael J. 2005. A gentle rain of starlight: the story of astronomy on Mauna Kea. Waipahu, Hawaii: Island Heritage Pub