The real NIMBYs

Ruth Kaiser Nelson was, for all practical purposes, my first Latin teacher. When I was an eighth-grader, our scheduled teacher, Bill Bippus, took a semester's leave of absence, and Mrs. Nelson taught us instead. Because the class occurred during the girls' PE period, it was an all-boy class, and Mrs. Nelson, the mother of three boys and a girl, did a fine job of keeping us in line, but also keeping us amused, and giving us a good start in the language.

I'm sure Mrs. Nelson is familiar with this sententia sapiens: Quod licet Jovi, non licet bovi. Literally, it means, "What is permitted to Jupiter is not permitted to the ox." It is a justification for double standards for the wealthy and connected versus the hoi polloi. The standards which apply to the commoner should not bind the plutocrat.

At Thursday night's City Council meeting, homeowners from the neighborhoods near Admiral and Yale came to protest the location of a 76-unit home for the chronically homeless, some of whom are currently housed at the downtown YMCA, some of whom are mentally ill. The large apartment building is part of the Building Tulsa Building Lives (BTBL) initiative. The Ruth K. Nelson Revocable Trust is listed as one of the initiative's principal partners, along with the George Kaiser Family Foundation (Mr. Kaiser and Mrs. Nelson are siblings), and the Tulsa Housing Authority, a public trust of which Mrs. Nelson is the chairman.

According to the Tulsa World report, Mrs. Nelson characterized the concerns of neighboring homeowners as typical NIMBYism:

Neighbors typically have a "not in my backyard" response, she said.

"If we were to move all of these facilities to places where no one would protest, they would be in the middle of nowhere," she said.

"Isolated people would not have the opportunity to rebuild their lives and become productive members of society."

The site was selected because it is relatively close to downtown, where many social service agencies are located, is next to a bus route and has stores nearby that residents can walk to, Nelson said.

The concern for isolation is touching, but she is making these people more isolated than they already are. At the Y, they are downtown, "where many social service agencies are located." She's moving them four miles from those services on the west side of downtown.

At the Y, they live a block away from a bus station that gives them access to 20 bus lines which will take them directly to shopping, jobs, doctors, parks, and services without needing to transfer. Four of those lines provide night time service to hospitals and schools for shift work and night classes. She wants them to live where they'll have only a single bus line, and they'll have to wait around and transfer at the downtown bus station to get anywhere else in the city. They won't have any access to nighttime service.

At the Downtown Y, they have the library and the County Courthouse across the street and the State Office Building and a hospital just a few blocks further west. Riverparks is about a mile to the south. There are a half dozen churches downtown. Social service agencies are just a few blocks north. There aren't any groceries nearby, but there are a few convenience stores not too far away, there are many nearby places to eat, at least at breakfast and lunchtime, and the bus can take them to their choice of grocery stores. They won't even have to walk far to see the Eagles or Celine Dion at the BOK Center. walkscore.com gives the location a rating of 89 -- "very walkable."

At Yale and Admiral, there is a Sonic across the street, a nearby QuikTrip, and it's about three-quarters of a mile to the Piggly Wiggly. The nearest library is in Maxwell Park, about a mile away, and it's only a small branch in the middle of a neighborhood. There's a bar just two blocks away, right across the street from a plasma center. Dong's Gun Store is about six blocks away -- handy for those who are hearing voices in their heads.There are a few churches down Yale. 10 S. Yale has a walkscore.com rating of 45 -- "car dependent."

Moving residents of the Downtown Y to Admiral and Yale will make them more isolated than they are now, not less. So why are these mentally ill, semi-homeless people really being moved out of downtown? Because downtown property owners and the BOK Center management and Downtown Tulsa Unlimited are NIMBYs. They don't want these people in their backyard. They even say so on their "Building Tulsa, Building Lives" website:

The opening of the BOK Center and other Vision 2025 projects are important components in securing the economic future of downtown Tulsa. But before downtown can become the vibrant destination it has the potential to be, developers and investors must be assured of its inviting and family-friendly environment.

Eliminating homelessness will attract further development and investment to downtown.

But it's OK for George Kaiser and Jim Norton and Kathy Taylor and Twenty-First Properties and SMG to be NIMBYs. If your place cost $200 million, you're allowed to say, "There goes the neighborhood," even if that $200 million came mostly from the taxpayers. If you have a nice little 1,000 sq. ft., $60,000 house, that you paid for yourself you're not allowed to say that. You know: Quod licet Jovi, non licet bovi.

(What's funny is that the neighbors that seem to be a problem for the BOK Center were there before the site was selected for the BOK Center. A number of us pointed out that between the jail, the bail bondsmen, the homeless shelters, the Y, the Sheriff's Office, and the Courthouse wasn't the smartest location for the arena -- maybe they should put it closer to existing entertainment districts on the other side of downtown -- but someone with influence has land along Denver just north of the south leg of the IDL, so that's where the arena went. Is it fair to be a NIMBY about neighbors who were there before you moved in?

According to the World, "After listening to the protests, Councilor John Eagleton said people can try to push such a project out of their neighborhood out of fear, but that doesn't make it right." Shouldn't he have been saying that to the downtown interests who want to clear the homeless out of downtown?)

The residents who spoke at the meeting were treated with a great deal of condescension. They were told that their fears were unfounded, abhorrent even, a sign of moral inferiority. The residents of this new facility will not pose a threat to their safety or their property values, thanks to new programs and new methods for helping these people become productive citizens again.

But if these new programs and methods are so effective, wouldn't they work just as well in a remodeled facility downtown, with the added bonus of keeping these people in familiar surroundings and connected to job opportunities and services and transportation? The fact that Mrs. Nelson and her brother and DTU and Mayor Taylor and SMG are so anxious to get these people away from downtown suggests that they don't really believe in the efficacy of their methods.

And the argument about having to demolish the Y residence doesn't hold any water. I suspect they could add sprinklers and remodel the building to meet fire code for much less than the $17 million in private pledges and state grants that they're spending on the Admiral and Yale facility.

But BTBL backers don't have to be consistent or logical or reasonable to get their way with city government, and they can be NIMBYs if they want to: Quod licet Jovi, non licet bovi.

Quod licet Jovi, non licet bovi works with exclusive negotiating periods, too.

If you're Kathy Taylor, of course you should expect Tulsa Drillers owner Chuck Lamson to honor his exclusive negotiating period with the city, and even to extend it if need be. I'm sure she'd be teary and outraged if Lamson had terminated the exclusive negotiations a month early to go flirt with Jenks Mayor Vic Vreeland again. But how dare lowly entrepreneur Will Wilkins expect the Tulsa Development Authority to honor their commitment to an exclusive negotiating period! How dare he rally public support to try to prevent the TDA from breaking their word! Only wealthy and connected and powerful people have a right to expect such commitments to be honored.

(From the World: "Exclusive negotiations preclude the team from entertaining other offers...." Not if you're the TDA, they don't.)

Quod licet Jovi, non licet bovi.

But that's an ancient pagan thought. The God of Abraham, Isaac, and Jacob insists on a single standard for all:

You shall do no injustice in court. You shall not be partial to the poor or defer to the great, but in righteousness shall you judge your neighbor.

MORE: David Schuttler says that Councilor Eric Gomez's comparison of the Treepoint Apartments in his neighborhood to the proposed I-244 and Yale facility is apples and oranges. (UPDATE 2022/12/16: The website is gone, but the article is available on a snapshot of the blog home page from August 12, 2008.)