We believed that Jack Nicklaus may have not been told about the history of the gift of Jean Klock Park or the restrictions that were placed on the park by the Federal Land Water and Conservation Fund grant that the City of Benton Harbor utilized for improvements to the park and the 2004 Berrien County Court Consent Judgement that independently prohibits further private development within the park. We discovered that the Nicklaus family had created a children's health foundation in memory of their deceased grandson Jake who drowned in a hot tub incident in 2005. In addition to this foundation a memorial golf tournament is held yearly in memory of the Nicklaus' grandson. In June of 2007 a letter was sent to Mrs. Nicklaus at the Nicklaus Foundation. It was in part an emotional appeal as their loss paralleled John and Carie Klock's loss of their daughter Jean. We also wanted them to know that the park was restricted from private development. It was our hope that the Nicklaus' would take this into serious consideration and that Jack would not want his name associated with the taking of a memorial and gift to the children of the area. Letter to the Nicklaus Foundation After not receiving a reply we contacted the Nicklaus Foundation and were assured that Mr. and Mrs. Nicklaus would respond to our letter when they returned from their Europe, but they never did.
Golf Course Markers During the week of August 1, 2007, Harbor Shores placed large color coded PVC pipe masts to mark the holes and tees for the proposed golf course. Unsure of the reason for this we concluded that they were placed in order to fly potential investors over the project area to show them the golf course layout.
August 8, 2007-Herald Palladium Announcement
On Wednesday August 8, 2007, a week after the placement of the golf course markers, the Herald Palladium reported that on Sunday, August 12th, Jack Nicklaus would be in Benton Harbor to tour the project area and finalize plans for the course. This was two weeks after we were told we would receive a reply to our letter. It was reported that he would not be meeting with the public and was holding private press conferences.
Read the article: Jack Nicklaus coming Sunday..... There was immediate discussion within our group about whether or not we should make a public statement/protest outside of the press conference that was scheduled after Jack's tour. It was decided that we would not interfere in hopes that he, in part, was here to tell Harbor Shores that they must use an alternative to developing JKP and that he would not want his name associated with the taking of a memorial to a child, and a gift to children of future generations.
August 9, 2007 - Staged Trash
On Thursday, August 9th, the day after the news report that Jack was coming soon, someone driving by the park noticed white pickup trucks loaded with trash that drove into an open area of the old highway cloverleaf road ramp that was former parkland. On the return trip this person noticed that piles of trash had been unloaded and left in that immediate area. Three people reported the suspicious incident to the Benton Harbor Police and were told "it was an inspections department issue." Some of us went to the site to see if there was anything in the illegally dumped trash that could identify the individuals who had left it and were not prepared for what we found. Approximately 100' or more of a linear pile of enormous amounts of trash had been strategically laid along the old road bed of the highway cloverleaf, right near the ninth hole. Click on the images below to witness what we found: It was immediately obvious to us that the timing and neat and strategic placement of this trash along the road bed coincided with the WNDU South Bend news television reports of Jack's upcoming visit as these reports were highlighting areas of dumping and contamination. News reports more or less were stating that the only way these sites could be cleaned up was through the construction of the Harbor Shores development.
August 12th - Jack's Visit
At 11:15 am Sunday Morning. I joined my fellow plaintiff and member of the Friends of Jean Klock Park at the bird watch tower on top of the south dune of JKP. We didn't’t anticipate anything would happen except that a helicopter or two might fly overhead, and had no intentions to encounter Jack Nicklaus’ on his tour. About 20 minutes later I left. When I came to the red light at the intersection of Klock Road and M-63, a Benton Harbor police car with lights flashing entered the intersection. From behind him came more police officers on large 4 wheelers escorting other off-road four-wheel vehicles. The officer in the intersection directed everyone trying to get through to drive south towards St. Joe. It was obvious Jack was on his way to tour the park by full scale police escort, not by helicopter. I went back to the park through an alternate entrance to inform the person that I left behind that Jack Nicklaus was touring the park and was probably on his way up the path to the birdwatch tower to look at the 9th tee .I had no sooner said something when the four wheel vehicles came up the dune path. What happened next seemed at the time unbelievable and at the same time an ugly example of the injustice of this whole situation. Police Intimidation One of the four-wheel vehicles pulled up to us. When we asked if they were Harbor Shores representatives we were told no, that they were from Cornerstone Alliance. They told us that Jack Nicklaus was on his way up. At that point the path was jammed up with four-wheel vehicles and we didn't have a way out so my associate asked if it was alright if we just sat there. They said "sure" and with radio in hand, alerting others that we were there, drove away. Then, two police officers and two members of Cornerstone Alliance approached us. One Benton Harbor police officer, came directly up to me, and as if to restain me, firmly laid his hand on my shoulder and said; “Ms. Drake, you aren't here to cause trouble for Jack are you? You aren't going to yell, holler and make a scene are you?” I replied that I had not done that so to date, why would I do it now? I then told the officer that; “like wise, I don't appreciate being harassed.” I was told that they were not there to harass me, but were instead there for my protection. Protection from who or what? Jack Nicklaus and Cornerstone Alliance?
While we were being restrained, a man from Cornerstone Alliance clinbed into the adjacent dune area to check for anyone else who might be associated with us that might be lurking around or taping the incident. It was a ridiculous scene right out of a TV drama and it was very obvious to us that Harbor Shores was being extremely paranoid. Then Jack came up and was standing very near the tower where we were. He was circled by photographers and talking but couldn't’t hear what he was saying. When Jack walked towards us I was able to see the cold look on his face and knew he was nothing more than a businessman that only cares about what he wants - and right then all he wanted was for the golf course to own the view from the top of the dunes. The whole time this was going on we felt extremely intimidated and felt if we said anything or tried to move or stand up that we would have been arrested because the police and Cornerstone officials were within a foot of us at all times. When Jack's entourage left and the police officers left we sat there for a bit collecting ourselves. When I left the park Jack's entourage was at the 9th hole gawking at the "staged trash." I had a conversation with a police officer who was parked at the corner of the intersection about the trash and told him that I knew that I knew it been dumped there specifically for Jack's visit. He smirked and replied that the trash had been there longer than a couple days and that he knew that for a fact. I told it had been dumped there on Thursday and that I knew that for a fact and drove away.
After this incident took place I consulted a civil rights attorney and was told that because nothing happened, as far as arrest taking place, that there was little that could be done. However, I was informed that I was in a public park and that Jack was a private citizen, and that had I chosen to it would have fully within my rights to walk up to Mr. Nicklaus, without making a scene, and tell him that he shouldn't have come to town.
Save Jean Klock Park
A separate and equally important Federal Court of environmental law is ongoing as well. For more information about the contaminated land that's being used to replace pristine sand dunes please visit www.protectjkp.com.