Fun under seige

Pub date April 21, 2009

news@sfbg.com

As San Francisco’s party season gets underway — a time when just about every weekend includes street fairs and festivals, venerable celebrations like Bay to Breakers, quirky cultural events such a flash mobs, promoter-created club nights, and underground parties designed to raise funds for Burning Man camps and other endeavors — police and other party-poopers keep finding new ways to crack down on the fun.

The latest: potentially fatal price gouging of the How Weird Street Faire, a series of bizarre police raids on underground clubs, and state alcohol officials threatening to yank local club licenses.

For years, the Guardian has been warning that NIMBY neighbors, intolerant enforcers, and indifferent city officials were threatening the vibrant social events that make San Francisco such a fun and unique city (see “Death of fun,” 5/23/06, “Death of fun, the sequel,” 4/25/07, and regular recent posts on the SFBG Politics blog).

Lately the situation has gotten so bad that even the conservative San Francisco Examiner has written about the problem (“Squeezing the fun out of festivals,” 4/13/09) and followed it up with an editorial calling for city officials to address the issue and ensure that the cultural events can keep happening.

Overwhelming public opposition to recently proposed restrictions on the May 17 Bay to Breakers and April 12 Bring Your Own Big Wheel events led City Hall to pressure the San Francisco Police Department into reversing promises of a crackdown, although many events are being threatened.

The How Weird Street Faire is scheduled for May 10, although organizers say they can’t come up with the nearly $10,000 the San Francisco Police Department is demanding by May 1. Organizer Brad Olsen sought help from City Hall (Sup. Ross Mirkarimi and senior mayoral aide Mike Farrah — who helped save BYOBW — have both tried to intervene, so far to no avail) and unearthed city codes that seem to cap police fees for events like How Weird at $5,494, but the cops haven’t budged.

“Although we appreciate your position, it would be unwise for the SFPD to risk public money by not collecting the required fees prior to the event. If the event is the only way your group is able to pay for police services, we are all betting that the event will be as successful as you hope,” SFPD Lt. Nicole Greely wrote to How Weird promoters on April 13, suggesting that organizers take out a loan to pay the escautf8g protection money demanded by SFPD.

But Olsen said his grassroots group, which barely breaks even on the event, has never in its 10-year history been required to pay in advance and told us that entrance donations at the event are the only real source of revenue for the popular dance party.

Meanwhile the Guardian has heard multiple reports of undercover cops infiltrating underground parties in SoMa in the early morning hours of April 11 and 12, followed up by groups of more than a dozen uniformed officers storming in and roughly making arrests for resisting arrest, illegal alcohol sales, and drug possession.

“All of a sudden an undercover cop just tackled someone on the dance floor,” 27-year-old San Francisco resident Ryan Parkhurst told us, describing the scene at one party. “Then at that point, more than 10 officers came upstairs … I asked an officer, ‘What’s going on?’ and he said, ‘Arrest this guy.'”

Parkhurst said four cops then jumped on him, roughed him up, and arrested him. “Another guy was beat up worse than I was, with severe bruises and scratches all over his face.”

Parkhurst said he was charged with being drunk in public, resisting arrest, and assaulting an officer, but when he went to court on April 13, he was told all charges had been dropped.

SFPD spokesperson Sgt. Lyn Tomioka spent several days trying to gather information on the raids, but had little to offer by Guardian press time. “I can’t give you the answers you’re looking for based on what the computer is telling me,” she said. The District Attorney’s Office also did not respond by press time.

The attention that the California Department of Alcoholic Beverage Control (ABC) is paying to licensed venues seems to have ratcheted up lately as well. DNA Lounge, a nightlife haunt for freaks of all stripes, was cited by ABC in February for operating “a disorderly house injurious to the public welfare and morals” after undercover agents for the department witnessed brief instances of nudity and simulated intercourse during the DNA’s popular regular queer parties Cream and Escandalo.

These instances occurred during go-go and stage routines, mostly involving flashing buttocks and a wet T-shirt contest. In a statement on the DNA Lounge Web site , www.dnalounge.com, DNA owner Jamie Zawinski contends that ABC is retaliating against his club for appealing the department’s decision not to grant DNA a conversion of its license from a Type 48 (21-and-over bar) to a Type 47 (all-ages venue that serves food). During the appeal process, a settlement was reached, and the DNA successfully converted its license.

“As a direct result of our having filed an appeal, ABC began sending undercover agents into the club during our gay and lesbian promotions looking for dirt,” Zawinski writes, drawing attention to the specific targeting of DNA’s queer nights, a particular that inflamed the gay community when a story about it was published in the Bay Area Reporter.

It is the specific requirement that all-ages venues collect 50 percent or more of their revenue from food sales that has gotten several other San Francisco clubs in trouble with ABC. The state requires that venues possessing a Type 47 (“bona fide eating place”) license, a requirement for most all-ages clubs, earn just as much revenue from food sales as liquor sales. That’s particularly daunting for businesses that have traditionally made most of their money at the bar.

“There is grave concern and fear,” San Francisco Entertainment Commissioner Terrence Alan told the Guardian, “that the recent conflicting and oftentimes underground regulations [of ABC] could undermine the great and ongoing work of the Entertainment Commission and Sup. Ross Mirkarimi’s proposed cultural legislation.”

Alan was referring to the “Promoting and Sustaining Music and Culture in San Francisco” charter amendment sponsored by Mirkarimi that would “produce a master plan and vision that promotes a sustainable environment for music, culture, and entertainment throughout the city.”

It appears the law enforcement types are doing everything possible to make sure Mirkarimi’s vision never becomes reality.