Save the tree. Move the road.
Located on the Cowlitz Trail, a 9,000-year-old Native American trading route, the Davis Meeker oak was known as the hanging tree. This is because after the Medicine Creek Treaty stole the land from the Native Americans, if any Native American was found living outside a reservation, the settlers would hang that person from this tree.
The tree is 400 years old and healthy But it is in the sights of Tumwater Mayor Debbie Sullivan, who wants to expand Old Highway 99, and City Administrator Lisa Parks, who wants to expand the airport. The tree is an obstacle to airport expansion and apparently to road improvements that would support airport expansion. Sullivan and Parks say they only care about safety.
But a mere week after Parks started her job with the city, the city's own arborist stated in an internal email that the tree is not high risk. He then hired a second arborist who agreed. But mysteriously, the city arborist's final report gave a conclusion in direct opposition to these statements. The owner of the second arborist's company was so taken aback by this that he wrote to the city to say that the city arborist's assessment was an embarrassment. That owner is also one of the creators of modern-day risk assessment methodology. Other arborists also have found the city arborist's later removal recommendation to be baseless.
The city arborist also lacks experience with mature oaks. An unaffiliated arborist with 40 years of experience, especially with oaks, did an independent assessment on June 19, 2024, and found that the risk level was merely moderate and could be easily reduced to low risk with selective pruning and a support system.
The tree has dropped branches in the past and the old city manager appropriately treated them as routine events. The danger narrative emerged only after the mayor hired Lisa Parks to be the new city manager. She started her job one month after the most recent branch dropped on May 16, 2023. A photo of the branch after it fell shows only the tip extending into the road.
Ms. Parks's prior employment was with the Port of Olympia, which owns the Olympia Airport where the tree stands.
The airport’s senior manager told the Tumwater City Council last year that by 2040, the forecast is for there to be 20,000 passengers per month flying in and out of the airport.
While preparing to have the tree removed, Ms. Parks told city employees to keep the plans a secret, presumably so the city could cut it down before the public and tribes had time to react. City Councilmember Joan Cathey remarked at a March 11, 2024, work session that the council should have been brought into the process earlier to give it time to consider options. Later, at the height of the controversy, the mayor canceled the tree board meeting.
The site is important to the tribes and cutting it down would violate the law because the city has failed to obtain (1) a waiver from the historic commission as required by TMC 2.62.060, (2) an archaeology permit as required by RCW 27.53, and (3) an incidental take permit from US Fish & Wildlife, because cutting the tree would have killed the baby kestrels that were nesting there.
Meanwhile, the city council has the power to fix this problem immediately. Yet not a single councilmember has made a motion to pass an emergency ordinance. By contrast, the Bellingham City Council recently passed an emergency ordinance to save legacy trees there.
Please help save this tree by donating to the legal fund and contacting the city council to ask them to pass an emergency ordinance that requires the mayor to first obtain:
(1) a thorough risk assessment,
(2) a waiver from the historic commission, and
(3) consensus of three arborists who say removal is necessary.
Three young American kestrels at the nest cavity in the tree receive crickets from Dad. They would have died had the mayor of Tumwater been able to carry out her plans. Kestrels re-use nest cavities year after year, down through the generations.
July 11, 2024. Video by Melinda Wood, of Olympia
The city arborist's report condemning the tree "is an embarrassment to any knowledgeable arborist."
--Scott Baker (one of the fathers of modern-day tree risk assessments), in an email to the city.
"The tree has become more than just a tree. It has become a symbol for justice and transparency. The tree has brought the community together."
-- Marianne Tompkins, Olympia
June 27, 2024, KAOS Podcast about the campaign to save the Davis Meeker oak, featuring Ronda Larson Kramer, Beowulf Brower and Michelle Peterson.
Kestrel young ready to fledge
The Davis Meeker Garry Oak was a trail marker on the old Cowlitz Trail (a 9,000 year-old trade route), which then became a spur of the Oregon Trail, which then became Old Highway 99. To find it, go to Almar Lane SW and Capitol Blvd SE, Tumwater, WA
Photo by Wayne Shreckengosh, June 28, 2024
September 12, 2024, KAOS Podcast. The last 15 minutes is an update on the Davis Meeker oak litigation. The first 45 minutes is about a proposed development that threatens to pave over one of the last remaining unpaved portions of the Cowlitz Trail a mile south of the oak tree. Speakers: Ronda Larson Kramer and Marianne Tompkins.
Photo by Tanya Nozawa, May 25, 2024
September 22, 2024, KAOS Podcast-Make No Bones About It, about Native American history and the Cowlitz Trail and Davis Meeker oak, featuring Ronda Larson Kramer, Cowlitz Tribe historian Mike Iyall, Michelle Peterson, and Cowlitz Tribe elder Greg LaDue-Grove.
Photo by wildlife photographer Bruce Livingston, July 16, 2024
Adult female American kestrel leaving the nest cavity. The kestrel family uses the nest cavity year round. On October 11, 2024, when arborists were climbing the tree, the kestrels were flying around making alarm calls.
Hear the public testimony that saved the tree on June 4, 2024.
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Learn
The 400-year-old historic tree has cultural importance, historic significance, and community meaning. The tree stands by the side of Old Highway 99 in Tumwater, next to the Olympia Airport. Hundreds of settlers on their wagons passed beneath it as they rode the Oregon Trail. Thousands of Native Americans passed beneath it before that, as they traveled the Cowlitz Trail.
Oak trees form hollow tubes with strong outer layers as they age. The tree hollows out the core to lighten the load and puts on new growth on the outside of the tube to strengthen it.
Ignoring input from experienced arborists who state that the tree is not a high risk, Tumwater's mayor wants to spend $90,000 to remove it, when pruning and cabling would cost a mere $6,000. That is a testament to her intense determination to cut it down. She even went around the requirement to get input from the tribes before taking action on this tree of important historical significance to them. Despite the fact that the council, and not the mayor, makes the laws, the council has stood by and done nothing.
This tree, over a hundred years ago, was called the hanging tree. Tragically, this is because non-Indians used it to hang Native Americans to evict them from their traditional lands. The tree should remain and be made into a memorial for the Native Americans who were murdered there. It should not itself be murdered in the same arbitrary and capricious manner by those in power.
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Our project is clear: to protect and preserve the Davis-Meeker Garry Oak. We are actively involved in organizing events and collaborating with local authorities to highlight the significance of this oak and the impact of its potential removal. Join us in our efforts to make a lasting difference for our community and heritage.