"Taking Risks With Other People's Lives"
Interview with County Attorney José Rodríguez, a former U.S. Department of Housing and Urban Development attorney under Ford and Carter Administration, 1974-1977.
by David Dorado Romo
I ATTENDED THE INITIAL meeting at the Plaza Theater when the [Paso Del Norte Group] plan was unveiled and when the City brought the San Francisco consultants to give a presentation at the convention center. I've talked to people on both sides of the issue. After digesting all the information and listening to people express their views—pro and con—about the plan, it became evident to me that the people who are opposed to the plan feel a deep sense of betrayal on the part of the Paso Del Norte group and City leaders who paid in part for the plan, who wholly failed to consult with the community in advance and give them a meaningful opportunity to give their ideas on the development of downtown. The critical fact—and it may seem like a simple thing—of this whole controversy is precisely the failure to consult the people at the beginning of this process and demonstrate that their opinion matters, that it counts. The failure to do this resulted in deep distrust and consequent opposition to the plan. When I went about looking into the plan and gathering information myself I realized that this is a fundamental aspect that any kind of community project needs to move forward. When you don't consult the community that is going to be affected, you are already sowing the seeds of distrust. The fact that they are now being given the opportunity to comment and offer input is not going to repair that lack of trust. They don't feel their opinions are going to be validly considered when they were disrespected to begin with. Anybody would feel that way whether they live in the Northeast or Lower Valley. If you want to see the city progress and want to see the advancement of this community yet you make a plan without first consulting the people who will be affected, your plan won't work. It never has worked and never will work. It can only be implemented over the objections of people who have good reason to oppose it. I believe this plan should be scrapped and a new plan developed with input from all levels of the community, from the preplanning, to actual development of the parameters of the areas that will be developed.
The other feature of this plan that I concluded renders the plan unworkable is that this plan is relying on the use of eminent domain to acquire private property to hand it over to private investors. This is not eminent domain in the traditional sense where eminent domain is used to build public entities and structures like schools and hospitals. Instead, this is for private developers. The theory is that these private investors will develop the area and while the investors make their money off the plan a sort of a trickle down effect will take place. Of course all of that is subject to the whims of the market, of the investors and whether or not enough money is being made.
I've heard that William Sanders had said in the initial stages of the plan that every building within the redevelopment zone would be demolished, yet I don't know for a fact whether he had that in mind or not. No one knows what will be demolished and what will be left standing. When you create that kind of uncertainty, it is only natural that the residents and business owners will feel anxiety. I don't want to speculate as to what Mr. Sanders has in mind. What we do know is that there is no information provided as to the demolition of properties. But if the plan calls for the demolition of properties, you ought to let people know that. When you don't even disclose that information, people won't want to trust you.
This lack of disclosure is a problem in other ways as well. This plan was developed with public monies and thus the raw information, the raw data, should be provided to the public. This is clearly a public document financed in part with public dollars and is required to be disclosed under the public information laws of Texas. I've yet to see any of that information. This is a disservice to the community. I've seen in the papers several times that none of the members of the Task Force that developed this plan have properties or a conflict of interest in the affected areas. It is not the members of the Task Force that should fully disclose this information. It is all the members of [the Paso Del Norte] organization that should do so. That is basic fundamental disclosure principle. If people have an interest in a transaction—a project from which they might benefit—that involves public monies, you should disclose that.
Another problem with this plan is that it envisions the destruction of viable businesses. I've heard Enoch Kimmelman loud and clear that it is his concern that they might knock down his Starr Western store. If someone has taken a lead in this community to invest in downtown it is Enoch Kimmelman. How do you justify tearing down the property of an individual like Mr. Kimmelman who has for a number of years now been actively involved in trying to develop downtown and has put his money where his mouth is, unlike many other people who talk about developing downtown but have not done anything about it. He provided a space for the Bridge Center for Contemporary Art for four years rent free. He made an investment in the downtown lofts in the Union Fashion Building in order to attract people to come live downtown. He maintains the Starr Western Apparel store in the downtown area, unlike other similar businesses that moved out long ago.
THERE IS A TRAIN of thought out there that unless we seize on this opportunity we will have to wait another thirty or fifty years before another plan comes along. I don't believe that. I think that the city of El Paso is poised to bring about changes without having to resort to plans that take people's property and that diminish the integrity of communities like the Segundo Barrio. This is what we elect people to do. The leadership of the city, from the Mayor on down, should role up their sleeves and think up ways to develop the city without creating divisions. While I know that you can't always please everyone, the level of division that this plan has caused in our community is unacceptable. This plan is not our last chance.
Finally, the inclusion of the Segundo Barrio in the downtown plan is a major problem with this proposal. The Segundo Barrio is a distinct community, the earliest community in El Paso from where everything else grew. It is rich in history, rich in culture, cultural activities, rich in familial relations which you don't find in other areas. So it is a very distinct and unique community. Even if there are certain pockets in that community that are in substandard condition, you do not lay out a plan in mind that takes out a whole section that includes substandard and non-substandard areas, that apparently this plan would do. My understanding is that this plan requires 127 acres and the proponents are viewing it as an area of land that is required in order to make this plan successful. It doesn't matter if within this area, the 127 acres, there are some historical properties, whether there are people that have got deep roots living in the community. All of those are secondary to the primary goal of acquiring this land mass to make this plan successful.
Yet there are no guarantees that this plan will be successful. I understand that sometimes you take risks and sometimes you have to be bold as to the steps you take in life both on a personal and community level. But I have to say this, I'm not going to try to be bold at the expense of other people. This is what this plans smacks of to me.
We're taking risks at the expense of other people.
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