"We're staying put ... I'm staying put,"' the 32-year-old tree sitter, who goes by Burlap, said Tuesday in a telephone interview from his perch.
A ruling issued Monday by Alameda County Superior Court Judge Richard Keller said tree sitters must come down or face a $1,000 fine and five days in jail.
Still, UC Berkeley police said there were five people perched early Tuesday morning in trees in the oak grove to the west of Memorial Stadium.
Burlap said he doesn't like the prospect of going to jail.
"But in the bigger picture of things, I'm not terribly worried,'' he said.
Burlap said he's spent about half his days and nights in the trees since the protest began Dec. 2.
Late Monday, Judge Keller broadened an earlier preliminary injunction that evicted David Galloway -- the only tree sitter previously known to UC Berkeley by name -- to include "all other persons acting in concert or participating with (the tree sitters),'' according to his ruling.
The tree sitters are protesting the university's plans to build a $125 million sports training center on the site of the grove.
The university has pledged to plant three trees for every one that is removed, but protesters say about 40 trees cannot be adequately replaced because of their age and size.
Tree sitters have long declined to give their real names to police and reporters, and some wear ski masks to cover their faces. This made the university's request to oust all tree sitters difficult, and initially Keller's ruling only applied to Galloway, 36.
Although the university no longer needs names to legally oust tree sitters, whether the police or other officials will forcibly remove the protesters remains to be seen.
"We are going to explore every possible option that will allow us to resolve this peacefully," said UC Berkeley spokesman Dan Mogulof. "How this unfolds is really going to be up to the people in the trees."
Mogulof said officials hope tree sitters will "follow Mr. Galloway's lead and come down voluntarily.''
"And we want to remind them that this campus has a long tradition of protecting and defending people's rights to free speech, and they are more than welcome to continue this protest in a manner that is consistent with the law and respectful of the rights of the campus community,"' he said.
UC Berkeley Assistant Police Chief Mitch Celaya said officials have not yet decided whether the tree sitters will be officially alerted of the injunction verbally or by signs that may be posted in the grove.
Save the Oaks member Mike Kelly said he does not believe the ruling will change the tree-sitting situation.
"The university has always had the right to enforce laws on their property. Bringing a civil suit and having a judge in a civil case rule on this ... I don't know what more it adds," Kelly said.
"They've been arresting people and shoving them through the court system for months now."
When the university asked the court for the injunction, police had logged more than 155 violations and 98 arrests or citations of protesters outside the stadium since the tree-sit started in December.
UC Berkeley police said the tree sitters are violating two sections of the California Penal Code -- illegal lodging and trespassing.
In a related matter, Alameda County Superior Court Judge Barbara Miller, who presided over a trial for three consolidated lawsuits trying to halt the building of the training center, is expected to issue her ruling next month. She has said she will not issue the ruling until after the final Cal football home game on Nov. 10.
The city of Berkeley, the Panoramic Hill Association and the California Oak Foundation sued the university to stop the training center, claiming it is too close to the Hayward fault among other things.
Contact Kristin Bender at email@example.com or 510-208-6453.