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Politics & Government

Protesters Rally Outside Lehigh Entrance

Crowd of about 60 residents is greeted by several Sheriff's deputies enforcing judge's order.

Carrying signs and shouting chants demanding protection from pollution, nearly 60 people marched up Stevens Creek Boulevard Saturday morning to the Lehigh Southwest Cement entrance just outside Cupertino

“No more pollution! No more pollution!” was among the protesters' chants shouted under a hot sun during the rally that lasted about an hour. Many protesters were from surrounding neighborhoods.

Several Sheriff’s deputies, including West Side Station commander , were waiting at the company entrance to enforce a prohibiting Cupertino City Councilmember Barry Chang and his group, No Toxic Air, from walking into the plant itself.

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The road is one part of a against Lehigh and the Santa Clara County Board of Supervisors over the board’s Feb. 8 decision granting vested rights to the company for large portions of its quarry land. The board declared the road—dedicated as a public thoroughfare in 1893 but unofficially closed to the general public since 1935—as private in its decision. No Toxic Air leaders contend the road should be public.

"The former Permanente Road ceased functioning as a public road in 1935 when it was solely dedicated to quarry operations," according to a statement by Henrik Wesseling, plant manager. The company also contends the road no longer exists.

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No county records have been found yet that confirm the road became private in 1935.

In writing earlier this week the group told Lehigh officials of their plans to walk past the entrance, which sent company attorneys to Superior Court Thursday for a temporary injunction.

On Saturday Chang and other No Toxic Air leaders encouraged protesters to stay behind barricades, and follow deputies’ orders to stay out of the roadway.

“I promised him (Neusel) we wouldn’t get arrested,” Chang told the assembly through a bullhorn.

Neusel greeted the protesters, saying deputies were there to protect their right to free speech, make sure no one got hurt, and enforce the judge’s orders.

A wide variety of people was at the event—from a few high school students up to senior citizens.

“This is our air,” said 16-year-old Maya Srinath. The Monta Vista High School student was there with her sister, 15-year-old Sriya, and friend Nandika Donthi, 13, of Cupertino High School. The three, who are interning for Chang this summer, said they are concerned for future generations living near the plant.

Cupertino resident Bill Walster said he’s been following environmental and health issues related to the quarry and cement plant for 10 years.

“They are absolutely in violation of many laws, and nothing ever gets enforced,” Walster said. He said rulings against the company, like a , don’t go far enough. “When they’re in violation they should be shut down. That would get their attention.”

Another resident, Gary Ettinger, said he joined the protest on his weekend off out of a sense of obligation.

“I just think as someone who lives here it’s my responsibility to protect the environment, because it’s not being done by our government,” he said.

Lehigh officials that they said would reduce mercury emissions by 90 percent. They have also maintained at government meetings and in interviews that they are working to remain in compliance with numerous regulations from government entities concerning air, water, mining and other issues. No Lehigh officials were at the protest.

“If this new pollution control works, wonderful,” said No Toxic Air board member Richard Adler. “But we don’t know if it’s going to work yet.”

No Toxic Air leaders said they were encouraged by the turnout, especially since they only started publicizing the march two days ago.

“I’m very pleased,” Chang said. “Lehigh is paying attention now.”

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