Near the southern end of Puget Sound lies the intersection of two ancient trails. Estimated to have been in use for more than 9,000 years, the north-south Cowlitz Trail and the east-west Cowlitz-Yakama Trail were main routes for Indigenous people of the region to travel and trade. The trails meet on the homeland of the Cowlitz and Nisqually tribes.
Along the Cowlitz Trail near the junction, is a native Oregon white oak, also known as Garry oak (Quercus garryana). It is about 400 years old.
The mayor of Tumwater is determined to destroy it.
Now located between the Olympia Airport and Old Highway 99 and named the Davis Meeker Garry Oak, this 80-foot magnificent tree provides leafy canopy and branch cavities for migratory kestrels, other species of birds and a rich habitat for small animals and plants. It is one of the largest Garry oaks left of the oak savannahs that existed pre-contact.
A group of citizens, learning of the impending destruction of the historic tree in May of this year, formed to prevent the cutting and to provide permanent protection for the tree.
Affected tribes and the public had been cut out of any say on the tree’s fate. There were no public hearings, no public notice and Mayor Debbie Sullivan made an executive decision to cut the tree, sidestepping any required permits and normal city process.
In addition to the importance of this living link to our region’s shared history, a pair of American kestrels were then sitting on eggs in a tree cavity and the nestlings would be killed if the tree were taken down. The birds are protected by the international Migratory Bird Treaty Act, but Mayor Sullivan did no environmental checklist before her decision.
Save the Davis Meeker Garry Oak is dedicated to preventing the destruction of the tree and ensuring its permanent protection. The group has three demands of the City of Tumwater:
- Pass an ordinance with provisions to protect and care for heritage trees that are the same as the ones passed by the City of Bellingham.
- Conduct a Level 3 tree risk assessment by a certified tree risk assessment arborist who is independent and not employed by any of Tumwater’s neighboring governmental bodies.
- Provide early, complete and meaningful notice and input from area Indigenous tribes.
This is not the first time that the tree has needed protection from those who would take it down.
Background
When colonists landed in North America, the tree was likely a seedling and by the time westward expansion reached the Pacific Northwest, it was two centuries old. The established Cowlitz Trail was used as a route by settlers and known to them as the northern branch of the Oregon Trail. The tree became a landmark for those later travelers. Now it is sandwiched between the Olympia Airport and Old Highway 99 where 20,000 vehicles pass by each day.
The tree was known at one time as a “hanging tree” according to a court declaration submitted by an elder of the Cowlitz Indian Tribe, as it had been used by white vigilante groups to hang Indigenous peoples. The tree remains a site of importance to Cowlitz and other local Indigenous groups. There are serious issues of burials at the tree and of respecting the beliefs, history and cultural practices of the Cowlitz Tribe, yet Mayor Sullivan informed the tribes only two weeks prior to the planned action.
The tree was named in 1999 for pioneer settler Ezra Meeker and after environmentalist Jack Davis, who spearheaded a movement to preserve the tree from highway encroachment in 1984. It became known as the Davis Meeker Garry Oak.
In May 2023, a large branch fell and some tips landed at the highway’s fog line. An arborist’s report was produced by the city, but failed to do a credible job. According to independent arborists with tree-risk credentials, which certify the training to be able to accurately determine tree health and risk to the public, the tree is not a hazard. While City Arborist Kevin McFarland’s initial assessment mischaracterized the tree and recommended mitigation, it did not state the tree should be destroyed.
Inexplicably, McFarland changed his recommendation in October of 2023 and said the tree should come down. McFarland stated he has tree-risk credentials, but a website listing arborist credentials indicates he lacks the qualification.
The Davis Meeker Garry Oak was listed in 1995 in the Tumwater Register of Historic Places. It is the only living thing on the register; the rest are area buildings. The designation puts regulations in place to protect registered places.
To cut the tree, it would need to be removed from the register and a permit obtained. However, Mayor Sullivan simply ignored these requirements.
At the June city council meeting more than 100 people attended in person and online to object to the city’s plan to cut down the historic oak. The testimony took four hours as 39 comments were heard.
Legal
A string of court orders began on May 24 after Tumwater Mayor Debbie Sullivan overrode the city’s Historic Preservation Commission’s refusal to remove the tree from its historic register. Removal from the register was necessary to cut the tree because of its historic designation. Sullivan instead made an administrative decision to destroy the Garry oak. The city council chose not to override the mayor.
Mayor Sullivan gave the tribes only two weeks’ notice of her plan to cut the tree, though she received the flawed report she relied on seven months earlier. This violates requirements to offer early and appropriate consultation with tribes.
With the imminent destruction of the tree scheduled by Mayor Sullivan, SDMGO citizens’ group filed in Thurston County Superior Court and were granted a restraining order on May 24, 2024 by Judge Sharonda Amamilo.
On May 31, Judge Anne Egeler of Thurston County Superior Court dissolved the TRO, opening the way for the city to cut down the tree beginning June 5. The judge noted the plaintiffs could ask for an “emergency appeal” from the state’s court of appeals. There is no such provision in the law, however.
On June 2, SDMGO filed an appeal in District II of the Washington State Court of Appeals.
On July 2 in the Washington State Court of Appeals ordered a temporary stay of the TRO dissolution to stop action by the city until the parties could submit documents on a restraining order that would be in effect until the group’s appeal is reviewed by the court.
What’s Next—How You Can Help
Save the Davis Meeker Garry Oak has gathered much community support. It is vital to continue that momentum and keep the pressure on the city.
The group has turned to the courts to force Mayor Sullivan to follow the law and required procedures to ensure the tribes and public have input on the tree’s fate. And, SMDGO now needs specialized legal expertise, which involves fundraising for that expense. The other expense is to pay for its own, unbiased arborist’s thorough assessment and report.
Please help: Save the Davis Meeker Garry Oak website
- Donate: We need $18,000 for our legal fees and an independent tree risk assessment. (link above)
- Write a letter. (link above)
Sign the petition at Action Network
Connect with us on Facebook to lend your support.
Volunteer: We need people to sit with the tree as we are protecting it 24/7. Folks are also needed to help with publicity and spreading the word. Help with fundraising is needed. The media team needs a few more volunteers. Send us a message through our Facebook page or Contact | Davis-Meeker Garry Oak (davis-meeker-oak.org)
Citizens rally at the oak on May 25. Photo Credit: Timothy Duncan
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