Friday, February 28, 2020

Tropicana Orange Juice Company

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As politically informed as I would've thought myself to be, I had no idea about the struggle over the Tropicana Shopping Center. I don't really have any excuse for that except that I don't shop there, and I really don't think I'll miss it if it vanishes. But I do have compassion for the people that do rely on the shopping center at King & Story, as it's a forum for their needs in addition to being a staple of their culture. I felt before I became sympathetic to the city or jaded by politicians at the city council meeting, it was necessary for me to hear what the merchants and customers at the Tropicana thought. Since it's only about ten minutes away, I figured talking to these people like some sort of investigative reporter would not only be enlightening, but enjoyable as well. So I headed out for the Tropicana.


I didn't have to work around minutia to get to a pretty clear message. The Mexican community backs the people who own "La Tropicana" as well as those who shop and work there. There's not a lot of affection for the San Jose redevelopment agency and the Blake Hunt company, in fact most people feel that there'll be some hostility felt toward the duo if they succeed. Most of the merchants and shoppers feel that the city needs to give the Tropicana the assistance to modernize the shopping center because Tropicana has worked hard to establish their market share and customer loyalty. The Tropicana is seen as the "heart" of the Mexican Community and most of them cite the plan of redevelopment that was instituted in 17 that was supposedly expected to lean toward owners, merchants, and minorities within East San Jose. I heard the words "Corporate Pirates" when describing Blake Hunt from Manuel Monares, a man who's shopped at the Tropicana for years. Some merchants accused city council members of profiting from the overthrow of the Tropicana ownership personally as well as politically. This is basically an attack upon a minority controlled shopping center, a minority economy and East San Jose on the whole. The City heralds themselves as the champions of eminent domain and blight, but it is merely a way to establish a higher class of citizens that will contribute a higher amount of tax dollars according to Hugo Flores, a man who works at Credit Jewelers. Soon I began to recognize that this Tropicana issue is a symptom of a bigger problem.


The Latino working class doesn't have affordable housing in San Jose, nor does anyone else for that matter. Moreover, who's to say what belongs in this city and what doesn't? These people's homes and livelihoods may be perfectly acceptable to them, and just because it doesn't fit within the cookie cutter framework that the council has in mind doesn't mean it should be absolved. This community, these diverse people are part of a divergence from the norm that makes this community vibrant and rewarding. If that sounds idealistic or utopian, I don't apologize. The city is doing an amputation of culture and replacing it with a prosthetic; a homogeneous corporation that annihilates small business and democratic choice. Many have said they'll boycott the new center, and in my opinion they should.


Well, if one attended a city council meeting last year they would have found a disgusting display. I learned that the only reason that another vote occurred was because some city council members had apparently discussed previously how they would vote privately before they did so publicly. The city's offering $1.6 million for the property and they want to give it to Walnut Creek's Blake Hunt. They voted nine to two and a lot of people came and protested, and in examining the three hour session it is apparent that the city council wasn't too swayed by testimony.


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When considering the plight of the Tropicana, it becomes necessary to mull over that the founding fathers had originally wanted to limit government's power in endangering people's rights to use and benefit from their property as they see fit. It is generally viewed that property rights are conferred within the constitution in Article I, Section 10. The framers had initially intended this part of the constitution so that states couldn't stretch the period in which debtors could meet their payments or otherwise get out of contractual responsibility. But in introducing such a constitutional stipulation the framers only had contracts between normal private parties in mind. Yet, Chief Justice John Marshall extended the coverage of the clause to avert states from taking away property privileges of corporations. In effect, the contract clause was used to shelter property and to preserve the status quo at the cost of the state's power.


However, the redevelopment agency contends that the Tropicana issue is a case of eminent domain. According to the constitution's Fifth Amendment, states must fairly compensate the private property owners. This is a limitation on state as well as federal governments as it is the first provision of the Bill of Rights. Many in the Tropicana shopping center contend that this is not an issue of eminent domain in that the taking is not direct and as the original owners of the Tropicana lose title to the city of San Jose, it is being passed on to the Blake Hunt development corporation. In other words, the city is taking private property from one private owner and giving it to another private corporation for "development". So this is more than just a regulatory taking, it seems as if the city is saying, "This shopping center is an eyesore, we're going to take it away from you and give it to an owner who'll develop it and make it more aesthetic, but we'll give you money for it even if you don't want to sell it."


Another issue is what the owners and members of the community feel is just compensation in that the area is not only losing trusted and valued shops, they are also losing an established Latino cultural icon. The issue has become hotly contested as the Blake Hunt development corporation is from an outside city, Walnut Creek, so the local economy won't even reap tax dollars from the corporation's private holdings. Additionally, the Blake Hunt corporation is white owned and operated, and the Hispanic community feels that the Redevelopment Agency is seeking to racially dilute the area and "whiten" it up. Mayor Ron Gonzales has commented on such a prospect as ludicrous, but one has to wonder what exactly the city's motivations are.


One has to consider that the United States Constitution does not support taking private property from one owner so that it will ultimately benefit another private owner. I heard a man say that the financial interests of a few people were superceding the interests of the entire city. I seemed to concur and it looked as if this issue was to be tied up in court for quite a while. It's remarkable how interested I am now in a subject that I knew little about. Hopefully it turns out best for those who need it to most-- the community in East San Jose. It makes a lot more sense for the citizens of the community to vote on the matter rather than the few who stand to benefit, but again, I suppose I sound too idealistic and I should realize that we live in a representative democracy. However, I feel that the constitution should be upheld as the supreme law of the land, regardless of city council aspirations. Time will tell if the tussle over the Tropicana adheres to the constitution and ultimately the community's wishes.



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