City Hall

Alerts: August 6 – 12, 2014

0

THURSDAY 7

 

The Harvey Milk LGBT Democratic Club’s 2014 Dinner and Gayla

City College of San Francisco’s Mission Campus, 1125 Valencia, SF. milkdinner.eventbrite.com. 6-9pm, $40 and up. Join the Harvey Milk LGBT Democratic Club to celebrate 38 years of progressive politics in San Francisco and proudly honor our City College champions. Honorees include Congresswoman Jackie Speier, City Attorney Dennis Herrera, City College Trustee Rafael Mandelman, Student Trustee Shanell Williams, Former President AFT 2121 Alisa Messer, and Keynote Speaker and Bayard Rustin Civil Rights Award Recipient CeCe McDonald. Enjoy dinner by City College culinary program graduates and celebrate a host of other Milk Club honorees.

 

Rally for Affordability

San Francisco City Hall, SF. 2-3:30pm. Youth Movement of Justice Organizing (aka YouthMOJO) is a youth program of the Chinese Progressive Association that collected over 800 pledge cards in support of a campaign to fight for the $15 minimum wage, and the anti-speculation tax. At this rally, members will share stories about their families’ struggles to live in San Francisco. Featuring guerilla theater performances, and more.

 

FRIDAY 8

 

Book Talk with Tony Serra

Book Passage, San Francisco Ferry Building #42, SF. 6pm, free. Tony Serra, a sometimes resident of Bolinas who’s been in the news recently for defending Raymond “Shrimp Boy” Chow against the federal government, will talk about his latest book, Tony Serra — The Green, Yellow and Purple Years in the Life of a Radical Lawyer, at an event sponsored by Marin’s Book Passage (at its San Francisco location). This work is billed as “a chromatic, metaphoric autobiography” of Serra’s defense of the Black Panthers, S.L.A., New World Liberation Front, Nuestra Familia, Earth First, Hells Angels, Mafia and Native Americans, intertwined with his anti-establishment ideology. “Forgive my romanticized and self-indulgent propositions in the forthcoming pages,” Serra says of the book. “Recall that such were written at Lompoc Federal Prison camp during my incarceration for U.S. tax resistance. … Mine is not a quest for accuracy. Mine is a flight into whimsy and caprice, a retrospective twinkle in the eyes of memory: In short, confinement escapism.”

 

SUNDAY 10

 

Bay Area Civil Liberties Coalition Meeting & Documentary Screening

First Unitarian Universalist Center Chapel, 1187 Franklin, SF. bayareacivilliberties.org. 6-9pm, free. This meeting of the Bay Area Civil Liberties Coalition includes a free screening of the documentary “The Internet’s Own Boy,” the story of “programming prodigy and information activist” and Reddit co-founder Aaron Swartz. There will also be an opportunity to join grassroots efforts against mass surveillance.

Time for change

10

news@sfbg.com

Christy Price doesn’t want to work forever. At 60, the security guard has worked in formula retail stores for 25 years. She says she has trouble making a living due to cuts in her work schedule, a setback that could prevent her from retiring for the foreseeable future.

Price, who has been with her current company for a decade, works at various retailers her company contracts with. Her shift from full- to part-time work is typical for employees of formula retailers in the city, many of whom are half Price’s age and attempting to support families or make their way through college.

“I’m more or less in the same predicament as [the retail workers], in terms of hours,” Price said. “It’s scary, and it’s awful sad. You’ve got people who want to work and contribute, but they aren’t given the opportunity.”

Sup. Eric Mar’s recently proposed Retail Workers Bill of Rights aims to change that. Unveiled at a July 29 press conference at San Francisco City Hall, the legislation seeks to boost prospects for retail workers “held hostage by on-call scheduling, diminished hours and discriminatory treatment by employers,” according to a statement issued by Mar’s office. There are also plans to expand the legislation to include employees of formula retail contractors, like Price.

“We’re here today because raising the minimum wage isn’t enough,” Jobs with Justice Retail Campaign Organizer Michelle Lim said at the press conference. That same day, the Board of Supervisors voted unanimously to place a measure on the November ballot to raise the San Francisco minimum wage to $15 an hour by 2018.

The current trend is for retail employers to hire part-time workers, spreading the hours thin and requiring employees to be on call for many more hours of work than they actually receive. That creates unpredictable schedules, making it difficult for workers to pay the bills.

Having stable work hours makes it possible for formula retail employees to plan for other parts of their lives, like earning college degrees, spending time with family or working other jobs — which is often a necessity for lower wage workers. Plus, as Price notes, companies with too many part-time employees aren’t getting the most out of their workers.

“If you keep undercutting them and cutting their hours, you’re not going to get the customer service that you’re looking for,” Price said. “You’re going to get what you pay for. You do need that skill; some people can do it, some people can’t.”

At the press conference, Mar was joined by fellow lead sponsor Board President David Chiu and co-sponsor Sup. John Avalos, along with speakers from local labor advocacy groups and a host of current and former formula retail workers.

As Lim explained, the proposed Bill of Rights package has four provisions. The first calls for “promoting full-time work and access to hours.” It would require formula retail employers to offer additional hours of work to current part-time employees, before hiring additional part-timers.

That would help prevent situations like those mentioned by retail employees speaking at the press conference. One Gap employee noted that part-time workers are often expected to commit to up to 30 hours of availability a week, yet would only be offered as little as 10 hours, despite being required to remain on call.

Another formula retail employee, Brian Quick, had a particularly rough experience while working for Old Navy at the clothing retailer’s flagship store. Having worked in retail for four years, he said his schedule for the upcoming week would come out on Thursday night, and the hours constantly fluctuated.

“It’s hard to plan anything such as doctor appointments when you aren’t even sure when you work,” Quick said. “Some weeks I would work 35 hours, and the next I’d get 15 hours. How am I supposed to pay bills?”

Last-minute notices became routine for Quick, who sometimes received calls informing him he didn’t have a shift anymore the night before he was scheduled to work.

“One day I came into work and they cut my hours right then and there,” Quick said. “Seems like everything is based on sales and not the well-being of the people who make the sales happen.”

Quick had other troubling experiences while working for Old Navy, including when he was denied Christmas vacation despite applying for it three months in advance. He eventually got the time off, but only through persistence and “the last-minute intervention of a sympathetic manager.”

“We know that consistent and reliable scheduling is important to our employees,” said Laura Wilkinson, a spokesperson for Gap Inc. “We are exploring ways to increase scheduling stability and flexibility across our fleet of stores. For example, last month we announced a pilot project with Professor Joan Williams of [University of California] Hastings College of Law to examine workplace scheduling and productivity.”

Gap Inc., the corporation that owns Old Navy, could be at the forefront of improving conditions, but the legislation’s supporters aren’t counting on retailers to make the necessary changes.

Instances like Quick’s are common in formula retail all over the country. Many retail employees, including some of Quick’s co-workers, must support families despite the unpredictable hours and low wages.

The second provision of the Retail Workers Bill of Rights attempts to fix that. It calls for “discouraging abusive on call practices” and aims to “encourage fair, predictable schedules.” Specifically, that would entail employers posting core schedules in advance with reasonable notice and providing premium pay “when an employer requires an employee to be ‘on-call’ for a specific shift, or cancels a shift with less than 24 hours notice.”

The third provision looks to improve conditions for part-time workers, calling for “equal treatment.” That means prohibiting employers from discriminating against employees “with respect to their rate of pay,” among other things like promotion opportunities and paid or unpaid time off.

It also addresses a chief concern for many part-time workers: ensuring that employees unable to maintain “open availability,” or being available at any time for a shift, are not denied employment. That’s especially significant for students and parents who have to balance their lives outside the retail industry with its demanding work hours.

“These policies, I feel, will have a huge impact on the lives of tens of thousands of our services workers, many of them low-wage workers who live with uncertainty and fear about their schedules and their other responsibilities in life,” Mar said as he introduced the legislation.

“Many of my family members and close friends are in that category, [along with] single moms, students in college and others that really deserve fair scheduling and a fair chance at economic justice.”

The final provision seeks to protect workers’ job security when their companies are bought or sold, requiring a 90-day trial period for existing employees if a formula retail business is acquired. This is meant to prevent companies from simply forcing out previous employees, allowing the workers a grace period to search for new work.

The legislation would impact an estimated 100,000 workers at approximately 1,250 stores across San Francisco. Those that qualify as formula retail businesses under city law include fast food businesses, restaurants, hotels and banks, and they must meet requirements in Section 703.3 of the San Francisco Planning Code.

In short, the law will apply to businesses considered to be chain stores, such as Target, McDonald’s, Starbucks, Wells Fargo and other major companies doing business throughout the city.

But the Retail Workers Bill of Rights’ supporters believe its impact will be felt beyond San Francisco, citing the city’s history of starting nationwide movements.

“San Francisco has always led the way when it comes to policies that protect working people,” Lim said. “The Retail Workers Bill of Rights is a commonsense proposal to bring stability to some of our city’s most marginalized workers.”

The supervisors sponsoring the ordinance have received plenty of help from Lim and Jobs with Justice San Francisco, a worker’s rights organization that has played an integral role in the city’s fight to improve labor conditions.

In 2013, Jobs with Justice mobilized labor support for the California Domestic Workers Bill of Rights, legislation not unlike Mar’s proposed legislation. In September 2013, Gov. Jerry Brown signed the Domestic Workers Bill into law, making California the nation’s first state to mandate overtime pay for domestic employees, specifically designating time-and-a-half pay for those working more than 45 hours a week or nine hours a day.

Even more support has come from the San Francisco Labor Council, Service Employees International Union Local 87 and Young Workers United, among many others, all of which have endorsed the legislation.

The proposal will come back into play in September, when the board returns from its summer recess. The process will start with public hearings, at which Mar said he looks forward to “really lively public conversation.”

That will give workers like Julissa Hernandez, a Safeway employee for 13 years and a veteran of the retail system, a chance to have their voices heard.

Speaking at the City Hall press conference, Hernandez said, “We should let retail workers know that they are not alone in this fight.”

 

Mayoral meltdown

95

joe@sfbg.com

When he launched an unexpected mayoral bid in 2011, Mayor Ed Lee campaigned on a platform of changing the tone of San Francisco politics. The appointed mustachioed mayor claimed he put the civility back in City Hall, marking a sharp departure from the divisive tone of city politics as progressives battled former Mayor Willie Brown, followed by Mayor Gavin Newsom.

“We’ll continue the high level of civility in the tone we’ve set since January, and solve the problems with civil engagement,” he told Board of Supervisors President David Chiu, then his mayoral opponent, at a 2011 debate.

Yet over the past two weeks, Mayor Lee has started swinging hard against supervisors who have introduced measures that go against his own priorities. So much for civility at City Hall.

 

COMPROMISE EVERYTHING

When asked about the outcome of her newly revised affordable housing measure, Sup. Jane Kim did not sound enthusiastic.

“It was definitely a compromise,” Kim said. But compromise is a word you use when you find a middle ground. By most accounts, Mayor Lee weakened the measure by hammering the right pressure points.

Kim crafted a novel solution to the city’s housing affordability crisis for the November ballot. Her initial Housing Balance Requirement would have established controls on market-rate housing construction, requiring a reevaluation whenever affordable housing production falls below 30 percent of total construction. The goal was to ensure that a certain amount of affordable housing would be built — but it was unpopular with housing developers.

Lee immediately drummed up a ballot measure in opposition to Kim’s, the Build Housing Now Initiative. The nonbinding policy statement asked the city to affirm his previously stated affordable housing goals. So what was the point?

It contained a poison pill which would have killed Kim’s Housing Balance Requirement. If Lee’s measure was approved, Kim’s would fail. The two politicians were in heated negotiations, trying to diffuse this ballot box arms race up to the very moment Kim’s measure went before the Board of Supervisors for approval at its July 29 meeting.

By the end of that process, Kim’s measure had been gutted.

Mirroring the mayor’s Build Housing Now Initiative, the new Housing Balance Requirement is a nonbinding policy statement asking the city to “affirm the City’s commitment” to support the production or rehabilitation of 30,000 housing units by 2020, with at least 33 percent of those permanently affordable to low or moderate income households.

Kim said she’d won funding pledges and promises for a number of affordable housing projects from the mayor. But Lee did not sign any agreement.

Essentially, the revised measure is a promise to promise, a plan to plan. Kim told us flatly, “We didn’t get the accountability we wanted.”

Political insiders told us the Mayor’s Office put pressure on affordable housing developers, who backed the original measure but later asked Kim to revise it to reflect the mayor’s wishes. The Mayor’s Office allegedly threatened to cut their funding next year, or divert projects to other affordable housing organizations.

Everyone acknowledged the mayor was pissed.

Tenants and Owners Development Corporation, an affordable housing developer in SoMa, sat in on the negotiations. The city paid $170,961 in contracts to TODCO last year, according to the City Controller, and over $250,000 the year before. John Elberling, president of TODCO, and Peter Cohen, co-director of the Council of Community Housing Organizations, denied the mayor influenced them to ask Kim to revise her measure.

“I didn’t hear my phone ringing saying we’ll pull funding for affordable housers if you don’t do X, Y and Z,” Cohen told us. Yet he acknowledged the mayor “brought certain leverages to bear” in the closed-door negotiations to “compromise” on Kim’s ballot measure. Then everything changed.

“Yes,” Cohen said, “we then convinced the lead supervisor to change her position.”

Despite being labeled as a “compromise,” many observers read this as a sign that Lee had prevailed. Now the same hammer is coming down on Sup. Scott Wiener.

 

BALLOT BATTLE

“I agree with the mayor on many things,” Wiener told us. But the mayor is targeting Wiener’s new Muni funding ballot measure, hoping to knock it off the ballot.

“It’s not personal,” Wiener said. “It’s a policy disagreement.”

The mayor has a transportation bond on the ballot, asking voters to pony up $500 million to fund Muni. But Lee already blew a $33 million hole into Muni’s proposed budget when he decided to pull a Vehicle License Fee measure off the ballot. When that measure began to poll badly, he got cold feet, and withdrew it.

The San Francisco Municipal Transportation Agency’s budget outlined a doomsday scenario if the funding ballot measures failed to pass. It would be impossible to improve transit travel time, reliability, or to fund pedestrian and bike safety projects, the SFMTA staff noted in recent budget presentations.

Seeing the potential fallout due to the mayor pulling the VLF measure, Wiener placed his own measure on the ballot, tying expansion for Muni funding to the city’s growing population. If passed, Muni could see a $22 million bump just next year.

Openly, the mayor told reporters he would hold the supervisors who supported Wiener’s ballot measure “accountable.” Lee then initiated a conversation about slashing funding to city programs, signaling that supervisors’ favored projects could be jeopardized.

“Last week, the Board of Supervisors sent a measure to the ballot that the budget does not contemplate,” Kate Howard, the mayor’s budget director, wrote in a memo. She directed departments to cut their budgets by 1.5 percent, and asked for “contingency plans” including a “revisit” of hiring plans and scaling back existing programs and services.

Wiener issued a statement describing the move as “an empty scare tactic.”

“For whatever reason,” he wrote, “the Mayor’s Office felt the need to issue these emergency instructions now — a full year before the fiscal year at issue, in the middle of an election campaign, without even knowing whether the measure will pass.”

John Elberling, president of TODCO, recalled when then-Mayor Willie Brown used the same schoolyard-bully tactics to ensure his favored measures passed.

“The punchline is there were competing ballot measures, one from our side and one from Willie’s side,” Elberling told the Guardian. “There was an effort to reach a compromise, but that failed. I was in the meeting where he shot it down.”

“He said ‘I will make the decisions,’ quote unquote. ‘There is no compromise unless I say there’s a compromise.’ That was quite memorable,” Elberling recalled.

When things didn’t go his way, “Willie Brown took a housing project away from us,” Elberling said.

But Mayor Lee’s bluster and anger is new, and Elberling said it should be taken with a grain of salt. “Is it a bluff? That’s always a question. Real retaliation like Willie did, that’s a real thing. But huff and puff, that goes on all the time.”

 

Reducing phone charges helps inmates connect with families

11

OPINION

It’s expensive being poor. Families of inmates often live on the edge of insolvency.

I know a mother of two, married to a man doing time in the San Francisco jail, who is trapped between the domino effect of poverty and the desire to maintain her children’s relationship with their father. The trouble began when her credit rating dropped due to late bill payments, which triggered the repossession of her car, which put her job at risk because public transit couldn’t get her to work on-time.

Now she relies on loan centers that charge high interest rates or paying the rent on her dilapidated apartment late, all while trying to stave off eviction. She says she contemplates leaving San Francisco on a daily basis. To do so would improve her financial situation, but would reduce her children’s already limited access to their father.

Depending if they can afford the time it takes to take transit to County Jail 5 in San Bruno for a weekly visit, or the unreasonable cost of a phone call, this family must literally choose between putting food on the table or connecting with their loved one.

Research shows that inmates who preserve ties with their families, especially their spouses and children, have a much better chance of staying out of jail once released. Keeping in touch is almost an impossible reality considering the jolting cost of making a $1 per minute in-state, long-distance or pre-paid collect call.

Until a cap on interstate calling rates was introduced earlier this year by the Federal Communications Commission, the telephone companies providing inmate phone services were largely unregulated. As a result, correctional facilities allowed inmate phone service providers to charge jacked-up calling rates in exchange for a cut of the revenue, paid to the facility in the form of a phone commission. Because these commissions are used to fund services for inmates, this decades-old practice created a paradoxical relationship between inmates, inmate phone service companies, prisons, and county jails.

In the San Francisco Sheriff Department’s most recent contract with its phone service provider, Global Tel*Link (GTL), we broke this counterproductive cycle and changed the way we do business. We’ve dramatically reduced calling rates and surcharges for inmate phone calls, including a 70 percent reduction for a 15-minute collect or pre-paid collect, in-state, long-distance call, from $13.35 to $4.05, and a 32 percent reduction for a 15-minute debit, in-state, long-distance call, from $5.98 to $4.05.

Given the city’s longtime dependence on phone commissions to fund rehabilitative programs, like Resolve to Stop the Violence and the One Family visitation program, reducing inmate calling rates endangers program stability while spotlighting an addiction that’s shared by almost every prison and jail in the country: balancing incarceration budgets on the backs of people who can afford it least. According to the US Department of Justice, 80 percent of families who have a member incarcerated live at or below poverty levels.

Fortunately, our department recently won a settlement against GTL’s predecessor, enabling us to fund programs for several years without taking a hit. But, in the long run, City Hall must realize that gouging poor people doesn’t improve public safety. It punishes innocent children by limiting their communication with their family, subordinates the healing value of family reunification to profit, and strengthens the inter-generational resentment that is laced between impoverished communities and the justice system that is supposed to protect them.

Gratified with the unanimous support of our phone rate reform by the San Francisco Board of Supervisors, the San Francisco Sheriff’s Department is proud to be one of the first county jail systems in the nation to dramatically reduce its telecom rates.

Our next policy reform will be the unregulated, exorbitant cost of inmate commissary fees and commissions.

Ross Mirkarimi is elected Sheriff of San Francisco

Housing ballot measures would weaken city policy

47

EDITORIAL Under the misleading guise of encouraging the development of more affordable housing in San Francisco, Mayor Ed Lee and Sup. Jane Kim have sponsored a pair of fall ballot measures that actually weaken existing housing policy in San Francisco. It’s a ruse that shouldn’t fool politically savvy San Franciscans.

Lee has the authority to place his Build Housing Now measure on the ballot, although he may withdraw it under his backroom deal with Kim. But the Board of Supervisors should reject Kim’s City Housing Balance measure, a once-promising proposal that she last week made toothless and counterproductive. What she called a “compromise” was actually a capitulation to developers and the Mayor’s Office [Editor’s Note: The board was scheduled to consider Kim’s measure on July 29 after Guardian press time, which is why we posted this editorial early at sfbg.com, where print readers can check for an update].[UPDATE: The board unanimously approved the amended measure.]

Kim’s original measure called for market-rate housing developers to get conditional use permits and perform additional economic studies on their projects when affordable housing production falls below 30 percent of total production. She then weakened it with several exemptions, yet it was still a check against runaway development of luxury housing.

But her new measure, much like Lee’s, is little more than a wishful policy statement calling for the city to seek the goal of 33 percent of housing affordable by moderate income San Franciscans and below (usually defined as those making 120 percent of area median income or less) and 50 percent by the more vaguely defined “working middle class.”

While neither measure includes any enforcement or funding mechanism to help reach that goal, it’s noteworthy that the goals themselves weaken those the city set for itself in the Housing Element of the General Plan, which call for 60 percent of new housing construction to be affordable to those with moderate incomes and below. The board adopted an amended version of this Housing Element just last month.

This is politics at its very worst: Politicians claiming to be doing one thing in order to score points with voters and appear responsive to their concerns, while they actually do just the opposite and try to disguise that fact with disingenuous rhetoric.

Kim’s allies in the labor and progressive political communities tell us they’re disappointed in her capitulation at such a crucial moment in determining whether San Francisco becomes a city of the rich or whether it can retain its socioeconomic diversity.

We were also disappointed, although we weren’t surprised. There’s an ugly, money-driven brand of politics being practiced at City Hall these days, and Kim has repeatedly shown herself to be more concerned with her future political prospects than living up to the progressive values she has long espoused.

Will San Francisco voters give Muni more money to serve a growing population?

56

Beating up on Muni and the San Francisco Municipal Transportation Agency is a perennial pastime for many San Franciscans, who will be given the opportunity to put their money where their mouths are this November. Will they be willing to give Muni the money it needs to serve its growing ridership, even at the cost of other city programs and priorities?

The Board of Supervisors yesterday [Tues/22] voted narrowly to place Sup. Scott Wiener’s Muni funding measure on the fall ballot. It would increase General Fund contributions to the SFMTA as the city population increase, retroactive back to 2003 when the current rate was set, giving the agency an immediate $20-25 million boost to serve the roughly 85,000 new residents the city has added since then.

“For too long City Hall has been slow to prioritize transit funding,” Wiener said in a press release. “We are a growing city, and we need to take firm steps to ensure that our transportation system keeps up with that growth.  Improving transit reliability and capacity and making our streets safer are key to that goal.”

While everyone says they support Muni — even David Looman, the proponent behind the Restore Transportation Balance initiative that seeks more SFMTA funding for cars, which will also appear on that ballot — Wiener has been the rare strong advocate locally for actually giving the agency more money.

Mayor Ed Lee created a $10 million hole in the SFMTA budget by demanding the repeal of charging for parking meters on Sunday this year, and then he dropped his support for a local increase in the vehicle license fee this year, prompting Wiener to introduce his Muni funding measure, which the mayor would have the authority to terminate if voters approve a VLF increase in 2016.

A $500 million general obligation bond transportation measure backed by Lee and the full Board of Supervisors will also appear on the November ballot, but it will go mostly to cover Muni’s capital needs, not the growing demands on its operating budget.

Wiener’s Muni funding measure yesterday barely got the six votes this charter amendment needed to qualify for the ballot: those of Wiener and Sups. London Breed, David Campos, David Chiu, Malia Cohen, and Jane Kim (Sup. John Avalos was absent).

In recent years, there’s been a rift in the city’s progressive coalition between environmental and transportation activists on one side and affordable housing advocates on the other, who sometimes battle over city funding they see as a zero sum game. So it will be interesting to watch how the politics surrounding this measure shape up going into the fall campaign season.  

King of the commons

9

steve@sfbg.com

When Susan King attends the Aug. 24 Sunday Streets in the Mission District — the 50th incarnation of this car-free community gathering, coming the week before her 50th birthday — it will be her last as director of an event she started in 2008.

That successful run was made possible by King’s history as a progressive community organizer who also knew how to do fundraising, a rare combination that has made Sunday Streets more than just a bicycle event, a street faire, or a closure of streets to cars that the city imposes on its neighborhoods on a rotating basis.

Instead, King took the ciclovia concept that started in Bogota, Colombia in the late ’70s — the idea was creating temporary open space on streets usually dominated by cars (See “Towards Carfree Cities: Everybody into the streets,” SFBG Politics blog, 6/23/08) — and used it as a tool for building community and letting neighborhoods decide what they wanted from the event.

“I regard the organizing as community organizing work rather than event organizing, and that’s significant,” King told the Guardian. “We’re creating the canvas that community organizations can use.”

San Francisco was the third US city to borrow the ciclovia concept to create open streets events — Portland, Ore, was the first in June 2008, followed quickly by New York City — but the first to do one that didn’t include food trucks and commercial vending, which Sunday Streets doesn’t allow.

“It’s not a street fair, it’s about meeting your neighbors and trying new things,” King said, referring to free activities that include dance, yoga, and youth cycling classes and performances. “It’s a really different way of seeing your city. A street without cars looks and feels different.”

Now, after seeing how Sunday Streets can activate neighborhoods and build community, and watching the concept she helped pioneer be adopted in dozens of other cities, King says she’s ready for the next level.

“I want to apply what I know on a larger scale, ideally statewide,” King said of her future plans. “This really opened my eyes up to the possibilities.”

 

WORKING WITH COMMUNITIES

After a lifetime of progressive activism — from grassroots political campaigns to city advisory committees to working with the Green Party — King knew the value of listening to various community stakeholders and earning their trust.

“We try to be culturally competent and work with each neighborhood,” King said. “We want to work with the neighborhood instead of dropping something on the neighborhood.”

That distinction has been an important one, particularly in neighborhoods such as Bayview and the Western Addition, where there is a long history of City Hall officials and political do-gooders trying to impose plans on neighborhoods without their input and consent.

“We worked really closely together and she gave me a lot of leeway to do Sunday Streets in a way that it worked for the community,” said Rebecca Gallegos, who managed public relations for the Bayview Opera House 2010-2013. “I can’t say enough great words about Susan. She was a truly a mentor to me. They’re losing someone really great.”

The first Sunday Streets on Aug. 31, 2008, extended from the Embarcadero into Bayview, opening up that neighborhood to many new visitors. King cited a survey conducted at the event showing 54 percent of respondents had never been to Bayview before.

“Susan wore a lot of hats. Not only did she create community in all the neighborhoods in San Francisco, but she knew how to go after the money,” Gallegos told us. “She walks the walk and doesn’t just talk the talk.”

Meaghan Mitchell, who worked with the Fillmore Community Benefits District, also said King’s skills and perspective helped overcome the neighborhood’s skepticism about City Hall initiatives.

“Susan came in and was very warm and open to our concerns. She was a joy to work with,” said Mitchell, who went on to work with King on creating Play Streets 2013, an offshoot of Sunday Streets focused on children.

The neighborhood was still reeling from a massive redevelopment effort by the city that forced out much of its traditional African American population and left a trail of broken promises and mistrust. Mitchell said King had to spend a lot of time in community meetings and working with stakeholders to convince them Sunday Streets could be good for the neighborhood — efforts that paid off as the community embraced and helped shape the event.

“It was nice to know the Fillmore corridor could be included in something like this because we were used to not being included,” Mitchell told us. “Community organizing is not an easy job at all because you’re dealing with lots different personalities, but Susan is a pro.”

 

ROUGH START

It wasn’t community organizing that got King the job as much as her history with fundraising and business development for campaigns and organizations, ranging from the San Francisco Symphony to the San Francisco Women’s Building.

At the time, when city officials and nonprofit activists with the Mode Shift Working Group were talking about doing a ciclovia, King was worried that it would get caught up in the “bike-lash” against cyclists at a time when a lawsuit halted work on all bike projects in the city.

“I thought that would never fly,” King said. “We started Sunday Streets at the height of the anti-bike hysteria.”

But her contract with WalkSF to work on Masonic Avenue pedestrian improvements was coming to an end, she needed a job, and Sunday Streets needed a leader who could raise money to launch the event without city funds.

“I know how to raise money because I had a background in development,” said King, who raised the seed money for the first event with donations from the big health care organizations: Kaiser, Sutter Health/CPMC, and Catholic Healthcare West. And as a fiscal sponsor, she chose a nonprofit organization she loved, Livable City, for which Sunday Streets is now a $400,000 annual program.

King had a vision for Sunday Streets as an exercise in community-building that opens new avenues for people to work and play together.

Immediately, even before the first event, King and Sunday Streets ran into political opposition from the Fisherman’s Wharf Merchants Association, which was concerned that closing streets to cars would hurt business, and progressive members of the Board of Supervisors who were looking to tweak then-Mayor Gavin Newsom, whose office helped start the event.

City agencies ranging from the Police Department to Municipal Transportation Agency required Sunday Streets to pay the full costs for city services, something that even aggressive fundraising couldn’t overcome.

“We were in debt to every city department at the end of the second year. It was the elephant in the room going into that third year,” King said.

But the Mayor’s Office and SFMTA then-Director Nat Ford decided to make Sunday Streets an official city event, covering the city costs. “It was the key to success,” King said. “There’s no way to cover all the costs. The city really has to meet you halfway.”

King said that between the intensive community organizing work and dealing with the multitude of personalities and interests at City Hall, this was the toughest job she’s had.

“If I would have known what it would be like,” King said, “I would never have taken the job.”

 

SUNDAY STREETS SOARS

But King had just the right combination of skills and tenacity to make it work, elevating Sunday Streets into a successful and sustainable event that has served as a model for similar events around the country (including at least eight others also named Sunday Streets).

“The Mission one just blew up. It was instantly popular,” said King, who eventually dropped 24th Street from the route because it got just too congested. “But it’s the least supportive of our physical activity goals because it’s so crowded. It was really threatening to be more of a block party.”

That was antithetical to the ethos established by King, who has cracked down on drinking alcohol and unpermitted musical acts at Sunday Streets in order to keep the focus on being a family-friendly event based on fitness and community interaction.

Even the live performances that Sunday Streets hosts are required to have an interactive component. That encouragement of participation by attendees in a noncommercial setting drew from her history attending Burning Man, as well as fighting political battles against the commercialization of Golden Gate Park and other public spaces.

“It was my idea of what a community space should look like, although I didn’t invent it…We really want to support sustainability,” King said. “We’re not commodifying the public space. Everything at Sunday Streets is free, including bike rentals and repairs.”

As a bike event, the cycling community has lent strong support to Sunday Streets, with the San Francisco Bicycle Coalition strongly promoting it along the way.

“The success of Sunday Streets has been a game changer in showcasing how street space can be used so gloriously for purposes other than just moving and storing automobiles. At every Sunday Streets happening we are reminded that streets are for people too,” SFBC Director Leah Shahum told us. “Susan’s leadership has been such an important part of this success.”

Guardian Intelligence: July 23 – 29, 2014

0

J-POP ROCKED

The annual J-Pop Summit in Japantown drew a lively crowd of anime and other Japanese pop culture treasures to Japantown last weekend (including Shin, pictured). This year’s festivities included a Ramen Festival portion, featuring noodle cooks from around the world — and lines up to two hours long to sample their rich, brothy creations. PHOTO BY REBECCA BOWE

DA LOBBYIST

Former San Francisco Mayor and current Chronicle columnist Willie Brown, often just called Da Mayor, is widely acknowledged to be one of the most politically influential individuals in San Francisco. But until recently, he’d never registered as a lobbyist with city government. Now it’s official: Brown has been tapped as a for-real lobbyist representing Boston Properties, a high-powered real-estate investment firm that owns the Salesforce Tower. News outlets (including the Bay Guardian) have pointed out for years that despite having received payments for high-profile clients, Brown has never formally registered, leaving city officials and the public in the dark. Da Mayor, in turn, has seemed unfazed.

GAZA PROTEST

On July 20, marked as the deadliest day yet in the Israeli-Gaza conflict, hundreds of pro-Palestinian protesters gathered in San Francisco to march against the ongoing violence. Waving flags, participants chanted “Free, free Palestine!” and progressed from the Ferry Building to City Hall. It was just one of hundreds of protests staged worldwide in response to the bloodshed. As of July 21, the Palestinian death toll had risen to about 500, while 25 Israeli soldiers were killed. PHOTO BY STEPHANY JOY ASHLEY

PET CAUSE

Last year, the SF SPCA (www.sfspca.org) assisted with over 5,000 cat and dog adoptions. With its new adoption center near Bryant and 16th Streets, which opened June 13, it aims to increase capacity by 20 percent — saving 1,000 more furry lives in the process. The new facility features improved condo-style enclosures rather than cages, a small indoor dog park, and SF-themed climbing structures for cats. (So far, there’s a Golden Gate Bridge, a Transamerica Pyramid, a cable car, the Sutro Tower, and the SF Giants logo; a Castro Theatre design is in the works.) These improvements make the shelter life more comfortable for the animals, but they also help entice visitors, making the adoption process “a fun, happy experience,” says SF SPCA media relations associate Krista Maloney. See more kitties and puppies at the Pixel Vision blog at www.sfbg.com. PHOTO BY CHERY EDDY

MIX IT UP

The quarterly SF Mixtape Society event brings together people of all, er, mixes with one thing in common: a love of the personally curated playlist. This time around (Sun/27, 4pm-6pm, free. The MakeOut Room, 3225 24th St, SF. www.sfmixtapesociety.com) the theme is “Animal Instinct.” You can bring a mixtape in any format to participate — CD, USB, etc. (although anyone who brings an actual cassette will “nab a free beer and respect from peers.”) Awards will be given in the following categories: best overall mixtape, audience choice, and best packaging. Hit that rewind!

CODERS FOR KOCH

This week San Francisco plays host to the Libertarian conference/slumber-party Reboot 2014, aimed at — you guessed it — tech workers. Conservatives and government-decrying libertarians are natural allies, wrote Grover Norquist, scion of the anti-tax movement, in the pages of the Wall Street Journal. Uber swerves around transportation regulations, Airbnb slinks under housing regulations. It’s no wonder politically marginalized libertarians are frothing at the mouth to ally with Silicon Valley’s ascendant billionaires. Reboot 2014 speaker Rand Paul’s recent meeting with Mark Zuckerberg, Sean Parker, and Peter Thiel should have liberals all worried.

BART CLEANSING

BART announced via a press release they’d begin “ensuring safe evacuation” of downtown BART stations. By this they mean they’ll start sweeping out anyone sitting or laying down in the stations, clearly targeting the homeless. Deflecting those accusations, BART said they are one of the few transportation agencies with a dedicated outreach and crisis intervention coordinator, as if that gives them a pass.

CLIFF JUMPING

At 66, Jimmy Cliff put on one of the most energetic live shows we’ve ever seen on Saturday, July 19 at the Fillmore, high-kicking through newer songs, like “Afghanistan,” an updated version of eternal protest song “Vietnam,” as well as the classics: “The Harder They Come,” “Many Rivers to Cross,” etc. Check the Noise blog at www.sfbg.com for a full review.

 

Alternative Ink discusses the flurry of SF ballot measures moving through City Hall

6

Digging deep during the height of summertime fun and frivolity, we Guardianistas showed up in force last night for another lively and informative edition of our biweekly radio show, Alternative Ink, on BFF.fm. Listen to the podcast here (but don’t be fooled by the first minute from a past show, it’s a false front we used to hide this week’s treasure).

With the fall ballot being filled out inside City Hall in recent weeks, we discussed rival housing measures sponsored by Sup. Jane Kim and Mayor Ed Lee, as well as the anti-speculation tax. We also covered the Restore Transportation Balance (placed on the ballot by citizens) and Let’s Elect Our Elected Officials (which was narrowed denied a spot on the ballot by the Board of Supervisors) measures that have been burning up the SFBG comments section lately.  

We talked tech, prompted by our pair of long and insightful stories in last week’s issue, and we previewed an interesting story in our coming issue about how San Francisco is dealing with a flood of young immigrants who have showed up seeking refuge status. As always, the show was peppered with great music, this time with a decidedly international flair thanks for our award-winning Art Director Brooke Ginnard’s return from a three-week vacation in Europe (welcome back, Brooke).

After doing the show for a few months now, we’re starting to hit our stride — so much so that we’ve decided to do a live version of the show on the evening of Aug. 28 at the LGBT Center. So stay tuned for more information about the lineup for that show, and please tune in to our next radio show on Aug. 3. 

Housing supply and demand theory on trial at City Hall

43

The November ballot is shaping into a housing supply theory showdown, and yesterday’s [Thu/17] Board of Supervisors Rules Committee hearing was the first round.

The committee hosted two hearings on rival housing proposals for the November ballot: Sup. Jane Kim’s City Housing Balance Requirement and Mayor Ed Lee’s Build Housing Now initiative. The two purport to set similar goals for building affordable housing, but Lee’s proposal contains a poison pill that would invalidate Kim’s measure. 

The mayor’s philosophy on housing, a strict supply and demand argument, was on full display. 

“[Housing] is a competition based on who has the most dollars in their pocket, and the ones with the most dollars win,” Olson Lee, director of the Mayor’s Office of Housing said at the hearing. “If we limit the supply, the people with the most dollars will win.”

The arguments are a little complicated, but let’s try to break them down: Kim’s initiative lays out a requirement for new construction to build 30 percent affordable housing and 70 percent market-rate housing. Currently, new construction projects can build on-site affordable or pay a fee into a pot, known as the Affordable Housing Trust Fund. If new construction needs to be exempt from the balance requirement, under Kim’s measure, that can be decided by the Planning Commission. 

But the mayor and his deep-pocketed development allies are shrinking away from this like the Wicked Witch of the West from water. Affordable housing doesn’t make a dime for developers, and the mayor fears Kim’s policy will slam the breaks on market-rate housing construction. 

Activist and San Francisco historian Calvin Welch argues supply and demand housing theories won’t solve the San Francisco housing crisis, via 48hills.

Yet Kim’s measure is based on what many progressives in San Francisco believe: San Francisco’s housing market is hot, profits are high, demand is insatiable, and building lots of market rate housing that will never be affordable to most San Francisco won’t solve the city’s affordable housing crisis. The construction pipeline won’t slow down with a few dings to profit margins, she argued. 

“I just have to say if building 30 percent affordable housing will halt development, we’re in a whole lot of trouble,” Kim said to her critics. “We have to build. Even people that make money leave San Francisco every day.”

No one is saying Kim doesn’t believe more housing needs to be built. But Lee’s staffers emphasized a belief that more housing construction alone is the solution to the city’s ills, a strategy that hasn’t exactly netted stellar results recently. They also defended the Affordable Housing Trust Fund, as the Mayor’s Office of Housing is funded about “40 percent” from developer’s fees, Olson Lee said. Sarah Dennis Phillips, from the Mayor’s Office of Economic and Workforce Development, argued sharply that any hit to developer’s fees, even marginal ones, would result in a loss of dollars for the city’s General Fund, the funding pot feeds most city services.

The mayor’s ballot initiative essentially asks for a vote of confidence in his plan to build or rehabilitate 30,000 housing units by 2020, which some in the press have pilloried as depending heavily on already-existing units. While 30,000 sounds like a lot, the Controller’s Office said San Francisco would need as many as 100,000 housing units to even make a dent in San Francisco’s skyrocketing housing prices, according to the SF Examiner (though he has since written the Examiner to say his sentiments were misconstrued). The city’s Civil Grand Jury recently released a scathing report of the mayor’s 30,000 housing unit goal, saying “While the residential real estate market is enjoying a strong recovery, it is doubtful the city can build its way out of the current affordability crisis.”

Meanwhile, people are losing their homes and fleeing the city. Some who are holding on by a thread came out to speak at the dueling hearings. 

“I have health challenges including cerebral palsy,” Justin Bennet said during public comment. He spoke with a difficulty in his jaw, haltingly and with much effort. He said the housing market made it difficult to move from the dangerous areas of the city he calls home. “I’ve been robbed outside several residences I’ve lived in, so I’m hoping for a change in my housing situation in the future. Thanks for letting me speak.” 

A family came up to the podium to speak, with two young housing activists, a brother and sister, 9 and 6, saying they didn’t want to see so many lose their homes.

Advocates from the SEIU 1021, South of Market Community Action Network, Alliance of Californians for Community Empowerment, and the Chinese Progressive Association, to name a few, were on hand at the hearing. They were also on hand for a press conference on the steps of City Hall shortly before the hearing. Ed Donaldson from ACCE called out the mayor’s housing measure, saying its only intent was to torpedo Kim’s. 

“I say we should play chicken with the mayor,” Donaldson said at the podium. Metal bands have sung with less volume than the baritone he used while booming, “Let’s see if he has the gall.”

Inside the hearing, Patrick Valentino (who championed luxury development on the waterfront) and Tim Colen of the Housing Action Coalition spoke, defending the mayor’s measure.

“As San Francisco, as a city in affordability, we’re failing. Our rate of failure is accelerating,” he said flatly. He criticized Kim’s plan and asked, “Where’s the money? No one disagrees we need it. The shortcoming I see in the housing balance measure is its premise that if we increase restrictions on market rate housing, it helps subsidize housing.” 

He argued instead to gather more stakeholders together (i.e. deep pocketed developers) to negotiate more private funding, a strategy he said that worked in the past. 

As others came to the podium to argue against developer greed, Colen watched on, shaking his head, seemingly in disagreement. When someone in public comment argued that developers so far have shirked their responsibilities to build affordable housing, he shook his head again and left the hearing room. 

There’s a stark divide in housing philosophy, and supply and demand’s ability to save San Francisco will soon see a trial by voter if Kim’s charter amendment can win six vote at the full Board of Supervisors. 

The mayor’s policies seem to be more of the same, Kim said, and now the city seems to be fighting over the crumbs of developers’ fees. Despite opposition from the mayor, Kim told the Guardian she’s open to new ideas from the mayor. 

But she also said she won’t back down. 

“We’re on a two-fold path right now. If there’s a compromise to get [the city] to 30 percent affordable housing, like new revenue, we’re open to that compromise,” she said. “But we always intended this to go to the ballot.”

Angry building owners threaten lawsuit over anti-speculation tax

21

Opponents of the anti-speculator tax that will appear on the November ballot blasted the proposal in a City Hall hearing yesterday [Thu/10] — pledging to defeat the measure in court even if voters approve it — but they were overwhelmed by a strong turnout from supporters who said real estate speculation drives up the cost of housing without adding any value.

“We can sue you in court on the many of the unconstitutional aspects of this and we will do that,” Janan New, director of the San Francisco Apartment Association, said of the measure that would charge a 24 percent tax on properties flipped within a year of purchase down to a 14 percent tax if flipped within five years.

New and other allies — including San Francisco Association of Realtors, Small Property Owners of San Francisco, and Sup. Katy Tang — claimed that the measure is illegally retroactive because it affects those who recently bought property and that it doesn’t account for people who need to sell their properties because of job loss or other life changes.

“This is almost tantamount to a confiscation of property,” Peter Rich of SPOSF said at the hearing.

But Sup. David Campos — who placed the measure on the ballot along with Sups. Eric Mar, Jane Kim, and John Avalos — refuted allegations that the measure isn’t legally sound and carefully questioned City Attorney’s Office staff to clarify the laws that allow for the measure.

“I know there’s a lot of ulterior motives here because we do know this is going to be challenged in court, so I want to be very clear,” Campos said in response to a line of questioning from Tang, who continued to maintain, “So it’s retroactive in a sense” after being told by the deputy city attorney that it wasn’t retroactive because the tax only applies to future property sales.

The anti-speculation tax was first introduced by then-Sup. Harvey Milk shortly before his assassination in 1978 (Dianne Feinstein killed the measure after becoming acting mayor), and it was revived this year during a series of tenant conventions and sponsored by Mar.

“What we’re proposing is very reasonable to deal with the affordable housing crisis,” Mar said at the hearing, noting that it exempts single-family homes, projects larger than 29 units, and sales triggered by the death of the property owner. “It’s been crafted with enough exemptions to protect the small guy and really go after the profiteers.”

During the public comment period, where supporters on the measure vastly outnumbered opponents, several speakers referenced Harvey Milk and said housing in San Francisco wouldn’t be so expensive today if the measure had passed back then, a time when evictions and displacement were also on the rise.

“He was assassinated before it came to fruition. The parallels to that time and today are striking,” testified Tom Temprano, president of the Harvey Milk LGBT Democratic Club, who urged supervisors to “honor the legacy of Harvey Milk by passing this thoughtful and well-crafted legislation.”

Brian Basinger, head of the AIDS Housing Alliance, played old video footage of Milk talking about the measure back in 1978, shortly after he was evicted from his Castro Street camera store by a landlord seeking higher rents, noting that profiteering forces San Franciscans to spend too much on housing and have too little left over for other needs.

“So when you look at that, it’s going to affect the larger economy,” Milk said of real estate speculation.

Gen Fujioka, who works at Chinatown Community Development Center and spoke for San Franciscans Against Real Estate Speculation, cited recent evidence of properties snapped up by speculators and quickly flipped for profits of 50 percent of more.

“Basically, what we’re seeing today is an escalation in the sales prices of multi-unit buildings beyond what people can pay in rent,” Fujioka testified, noting how that essentially forces landlords to evict rent-controlled tenants to make the investments pencil out. “That kind of price escalation is causing instability in our communities.”

But opponents lashed out at the measure and the characterization that they were profiteering in ways that hurt people. “It’s a housing tax and it doesn’t make sense to have a housing tax in the most expensive city in the country,” said Jay Chang of the Association of Realtors.  

Aaron Jones said he and his wife invested their children’s college savings in a small apartment building, and that they’re good landlords who should be able to sell the property when they want to without penalty.

“We can’t sell until 2017 with this retroactive, punitive tax,” Jones said, saying there were many other small investors like him who were afraid to speak up because “in San Francisco, to be an investor — not a speculator — is to be the devil.”

But supporters of the measure say their intention isn’t to demonize property owners but to do something about the eviction and displacement crisis that is changing the face of the city, and to create a disincentive to bad behavior.

“It’s really the most vulnerable people who are being affected by evictions,” said Erin McElroy of the Anti-Eviction Mapping Project, citing her group’s research showing 72 percent of recent evictions have been of the elderly or disabled.

“Speculation is the commodification of housing and housing is essential,” said Chris Durazo of the Veterans Equity Center.

Campos said most landlords should support the measure as check against speculators that are pushing up the price of housing, triggering evictions, and creating a divisive politcal climate: “Speculators are giving landlords in San Francisco and property owners in San Francisco a bad name.”

Pride and prejudice

7

joe@sfbg.com

As Pride celebrations across the country unfurl their rainbow flags this month, teacher tenure in California suffered a stunning blow from a Los Angeles Superior Court, undermining protections that have shielded the LGBT community from discrimination.

Although the decision will likely be appealed, Judge Rolf M. Treu’s ruling galvanized teachers unions and evoked memories of conservative attacks on gay teachers in the 1970s, including the unsuccessful Briggs Initiative that was a rallying point for then-Sup. Harvey Milk and a new generation of LGBT political leaders.

“To jeopardize any of the protections we have now, it’s a thinly veiled attempt to demoralize teachers, and it’s an attack on public education,” Assemblymember Tom Ammiano, the San Francisco Democrat who began his political career as an openly gay teacher campaigning against the Briggs Initiative, told the Guardian.

LGBT rights and teacher tenure may seem to have little in common, but a peek at the movers and shakers in the LGBT and teachers’ rights movements show an interconnected relationship of protections and the players who fight for them. Loss of tenure can threaten the protection of minority groups, academic freedom, and unpopular political speech, despite employment rights gained in recent years.

“We’ve beaten back that thinking,” Ammiano said, “but it’s still lurking.”

In California, K-12 teachers are shielded by legal protections often referred to commonly as tenure. Permanent status is the backbone of these protections, offering an arbitration process for teachers who administrators intend to fire. Also struck down by the judge was the First In, First Out law, which protects veteran teachers from layoffs by letting go of recent hires first.

In his ruling, Treu said these policies created an environment where students were burdened by ineffective teachers who were difficult to fire, disproportionately detracting from minority students’ education quality in the most troubled schools.

“The evidence is compelling,” the judge wrote in his ruling, “indeed, it shocks the conscience.”

Many education advocates vehemently disagreed with that ruling, and the veracity of the evidence will be further weighed in upcoming appeals. But along the way to pursuing equality for students, the equality of teachers may find itself eroded by an unlikely new hero of the LGBT movement: A conservative attorney who fought against marriage discrimination, but also litigated against the legacy of an LGBT legend.

 

HERO OF MARRIAGE EQUALITY

The morning last year when the US Supreme Court ruled to overturn California’s ban on same-sex marriage, Proposition 8, San Franciscans gathered inside City Hall by the grand staircase. Men held men, women held women, and families held the their children tight.

When the court’s decision finally hit the news, the outcry of happiness and surprise at City Hall was deafening. The expressions on the faces of those there was that of joy with many understandably streaked by tears. Attorney Theodore Olson helped litigate against Prop. 8 and won, and as he fought for gay rights, his face was often streaked with tears as well, LGBT rights activist Cleve Jones told us.

“There was a part of that trial when the plaintiffs Kris Perry and Sandy Stier described their love for each other,” Jones said. “I was sitting with their family in [US District Court Judge] Vaughn Walker’s court. When we broke, Ted Olson went to embrace them and there were tears on his face.”

But Olson is not a poster child for most politics considered the realm of liberals and Democrats. Olson and fellow Prop. 8 litigator Attorney David Boies were on opposing sides of the Bush v. Gore case that Olson won, handing George W. Bush the presidency in 2000. Olson was then appointed solicitor general of the United States, often leading conservative causes.

 

Olson and Boies will talk about their new book Redeeming the Dream: The Case for Marriage Equality at the LGBT center on June 25 (joined by Supervisor Scott Wiener), but Olson gave us a glimmer of those motivations.

Olson, a Los Altos native who attended UC Berkeley School of Law, told the Guardian in a phone interview that his stand on gay rights was based on conservative principles: “I think of conservatives as including people who are libertarians and respect individual liberty.”

 

A trailer for “The Case Against 8,” which features Ted Olson heavily.

He said the right to marry the person of one’s choosing should be an individual right that government has no business banning. That belief in individual liberty is at the core of his political principles. “It affects me in absolutely the deepest personal way,” he told us.

Whatever his ideological motivations, Olson became a hero in the LGBT community. But this year, he was one of the attorneys who convinced Judge Treu of the evils of teacher tenure. In the trial, Olson claimed one Oakland teacher was harming elementary students’ educational outcomes: “The principal couldn’t remove that teacher. These stories are so awful, sometimes you feel people are exaggerating.”

Yet the problems afflicting Oakland schools and its children, the unions argued, are not due to teacher tenure. In a city with high violence rates, students’ broken homes, low teacher pay, and difficult working conditions, critics say Olson oversimplified and misrepresented a complex problem.

“We all know there are problems in our schools,” Jones, who works with unions, told us. “But there’s never of course discussion about poverty, or students growing up in single families, or class sizes.”

These were all arguments the union made against Olson, unsuccessfully. The decision to remove protections for teachers may send ripples into other states and spur increased attacks on teacher protections.

And unlike California, which has strong anti-discrimination protections, that campaign may allow teachers of other states to be fired or dismissed for coming out of the closet, an issue that helped elevate Harvey Milk into such an iconic leader.

 

ECHOES OF BRIGGS

Jones and Ammiano fought alongside Milk against Proposition 6 in 1978, known as the Briggs Initiative, which would have made it illegal for openly gay people to teach. Then-Sen. John Briggs and his allies associated gay teachers with child molesters and frequently said they may influence children to become gay.

“I was born of heterosexual parents, taught by heterosexual teachers in a fiercely heterosexual society,” Milk said in a speech at the time. “Then why am I homosexual if I’m affected by role models? I should’ve been a heterosexual. And no offense meant, but if teachers are going to affect you as role models, there’d be a lot of nuns running around the streets today.”

This fight may be history, but Ammiano said such biases are still with us today, such as with how some see the transgender community. “We’re holding people at bay around LGB issues, but the T part now is the crossroads for the right wing [activists] who are rolling back protections,” he said.

Only 30 US states offer employment protections for sexual orientation, and some of those only cover government employees, according to a study by Center for American Progress. Only 23 states protect against firing for gender identity.

Vulnerable teachers lacking protections granted by tenure or equal employment laws are still being fired in California and across the country. In April, a transgender Texas substitute teacher was fired for making children “uncomfortable,” according to news reports. In Glendora, California, a teacher was fired from a religious private school after a photo of he and his husband kissing on their wedding day made the local newspaper.

This month, President Barack Obama announced an Executive Order mandating federal contractors enact policies protecting workers from dismissal due to sexual orientation or gender identity. Many speculate this was announced to press Congress to pass the Employment Non-Discrimination Act, which would protect private employees from discrimination based on gender or sexual orientation.

briggs

“This is only round one,” stated Senator John Briggs to the press about the defeat of Proposition 6, Nov. 7, 1978, at a Costa Mesa hotel. Proposition 6, called the Briggs Initiative, prohibits gay teachers from working in California public schools. AP file photo by Doug Pizac

But ENDA has stalled for years, despite the best efforts of advocacy groups nationwide. And as the country awaits equality, many teachers’ last hope against unlawful dismissal is tenure. In fact, tenure laws were first drafted after the Red Scare and Sen. Joseph McCarthy’s witch-hunt for communists, California Federation of Teachers spokesperson Fred Glass told us.

Yet Olson recoils at linking LGBT rights to teacher protections. “I support wholly protections for people for who they are, for heaven’s sakes,” he told us, mentioning that Milk “was very much an inspiration and very important to us.”

And Jones still thinks of Olson as a hero, saying that life and politics are complex.

“Irony abounds,” Jones said. “I don’t square it. You can’t square it. It’s there. But my respect for Ted Olson is based on his very genuine support for our community on the issue of marriage. For LGBT people to win equalit,y it’s important there’s a national consensus, it can’t just be from the left. Ted Olson was incredibly important with that effort and will be remembered generations for now. You don’t have to like everything about Ted Olson or President Obama to acknowledge they had a profound effect.”

Trying to have hope

44

OPINION I get it, as Harvey Milk famously said: “You gotta give them hope.” But how do you do that when the LGBT community you love so much is being priced and evicted out of the city?

When immigrants, people of color, artists, the poor and working-class, people with AIDS, seniors, persons with disabilities, and so many others are being pushed out — like you, Harvey, were forced out of your camera store and apartment on Castro Street when your rent was tripled. Just before an assassin’s bullet took you from us, you were preparing an anti-speculation tax to deal with the rising rents and displacement caused by speculators and real estate investors.

We tried to curb their dirty work via a state bill limiting use of the Ellis Act, but Democrats buckled in to pressure from the real estate industry that owns them. Shame on Democratic House Speaker Toni Atkins from San Diego, an out lesbian, whose inaction on the bill helped kill it.

Our only hope is the anti-speculation tax on the November ballot. Brian Basinger of the AIDS Housing Alliance is calling it the Harvey Milk Anti-Speculation Tax.

The stakes are high right now. Our housing crisis is destroying our community. According to the Anti-Eviction Mapping Project, which tracks displacement throughout the city, District 8 (which includes the Castro) has the highest rate of Ellis Act and Owner Move-In evictions, almost 2,000 units emptied since 1997. That doesn’t include buyouts and threats of evictions, de facto evictions that have pushed out many more, most of them tenants with AIDS. Far too many people with AIDS are homeless in a city that used to be called the “model of caring.”

The motive for these evictions is obvious. A two-bedroom across the street from my Castro apartment rents for $4,200. An apartment above the new Whole Foods at Sanchez and Market can cost you as much as $8,000. A month! I don’t want to upset you, Harvey, so I won’t tell you how high commercial rents are, and how poorly neighborhood businesses are faring these days.

The economic disparity has never been greater. Two Williams Institute studies show that our community is as poor as, and in some instances poorer than, other communities. In our city’s latest homeless count, 29 percent of respondents identified as LGBT and an additional 3 percent as transgender. Other reports say that 40 percent of the city’s homeless youth are queer.

Forget Altoona, that homeless queer kid in the Haight or Castro needs a sense of hope. We have a sit/lie law similar to the one you opposed that prevents these kids from getting subsidized housing if they have an unpaid citation. They sleep in the park because they’re not safe in the shelters. Sadly, Human Rights Campaign and Equality California have never made them — or the poor — a priority.

Cranes and rainbow flags may be all the rage in Upper Market these days, but what’s being built will not be affordable to homeless, poor, or working class (even some middle-class) people. The Castro has only one affordable housing project in the pipeline: 110 units for LGBT seniors at 55 Laguna. Our D8 supervisor and City Hall have let us down big time.

Harvey, I want to think that 10 years from now, our community will still have the Castro as a refuge. I want to believe that poverty, homelessness, and hunger will be greatly reduced. That we can stop the evictions. That we can give young people a piece of the dream. That we can provide seniors a secure place to spend their final days. That we can have elected officials who truly represent us, as you did.

I really want to have hope.

Tommi Avicolli Mecca, a longtime queer and housing rights activist (and an organizer of the first Philadelphia Pride march in 1972), is a grand marshal of this year’s Pride Parade.

SF arts funding prioritizes symphony, other stuff white people like

45

Disadvantaged artists might be getting the short end of the paintbrush in favor of the city’s more affluent art community in Mayor Ed Lee’s proposed 2014-16 city budget.

That’s what a seemingly endless line of advocates expressed in a hearing in front of the San Francisco Budget and Finance Committee Friday [6/20] when given the opportunity to suggest ways to better apportion funding in the budget. According to a recent report from the Budget and Legislative Analyst’s Office, the dissenters might be onto something.

The report details the allocation of funding from Grants for the Arts, revealing that 76 percent of GFTA’s grant money will go to art organizations with primarily white audiences. This figure is right in line with the funding priorities from 1961, when the city’s population was 82 percent white.

Today, people of color make up 58 percent of the city’s population, while the white population has been nearly cut in half over the course of the five decades since 1961. But that hasn’t stopped GFTA from devoting more than three-quarters of its funds for art organizations whose audiences are predominantly white, the report found.

GFTA’s self-proclaimed goal is to “promote and support the widest possible variety of arts and culture activities in the City,” although it’s hard to imagine it had that in mind when devising the budget plan for the upcoming fiscal year.

This isn’t the first time GFTA has snubbed underprivileged artists. According to the Budget Analyst’s report, GFTA actually reduced its percentages of funding to arts organizations of color from 2006-07 to 2012-13, and the agency’s funding for those organizations has not improved over the last 25 years, despite the city’s radically shifting demographics and the lip service regularly given to diversity at City Hall. GFTA has no plans to improve its grant money allocation, according to the report. Officials at the agency declined to comment when contacted for this story.

arts grants

When the Budget and Finance Committee heard public comment today about the mayor’s proposed budget, a great deal of the discussion centered on cultural equity and providing increased funding for disadvantaged citizens in the arts.

Numerous speakers cited the city’s changing demographics and the reality that the city isn’t made up of an enormous majority of white residents anymore, calling for more art funding for people of color, despite the budget’s lopsided allocation of funds to the white demographic.

In particular, the budget proposal allocates 19 percent of the 2014-15 budget to the San Francisco Symphony, which was enough for one speaker to state that “a lion’s share is going to the traditional organizations.” The message to the committee, simply put, was to “consider how you invest the money you’re spending,” as another speaker said, and that “public funding for the arts is not supposed to disempower by taking away the voice of the underrepresented.”

Allocating more funding for the Cultural Equity Grants was an oft-mentioned method for better supporting disadvantaged artists, with the project-based grant system receiving 25 percent of the commission’s budget in the 2014-15 fiscal year. The number of grants awarded each year has remained relatively stagnant in recent years, with 94 grants awarded in 2012-13, a projected 100 to be given out in 2013-14, and a target of 100 in both 2014-15 and 2015-16.

The number of street artists supporting themselves by selling their work isn’t progressing much either. The city issued 176 new licenses for such artists in 2012-13, but is projected to dole out only 122 in the current fiscal year. The new proposal targets similar numbers to those from 2012-13 (179 and 183 licenses in 2014-15 and 2015-16, respectively), further affirmation of the sluggish advancement of the mission to ensure that all cultures of the city are represented.

But disadvantaged residents in the arts aren’t the only ones who stand to be affected by the proposed budget, a fact that wasn’t lost on many concerned advocates. Lee calls for a budget of $13.9 million for the Arts Commission in 2014-15, a relatively minor 2 percent decrease from the 2013-14 budget of $14.2 million. The real drop-off occurs in 2015-16, however, when the Arts Commission budget decreases by a full 8.4 percent from the previous fiscal year. The Mayor’s Office declined to respond when contacted for this story.

Needless to say, members of the art community as a whole weren’t thrilled about Lee’s sharply declining emphasis on the arts, and they voiced their concern toward the Committee on Friday. The city’s lack of aid for the general art community, in addition to simply underprivileged artists, had many speakers understandably up in arms.

Below we’ve embedded Harvey Rose’s report on skewed arts grants funding.

"Arts inequity": San Francisco Budget and Legislative Analyst Report by Joe Fitzgerald Rodriguez

Is the SF District Attorney’s Office biased against cyclists?

75

There’s been much discussion over the last year about whether police and prosecutors in San Francisco are biased against bicyclists. And while the San Francisco Police Department has admitted problems in their investigations of collisions that injure cyclists and pledged to do better (with mixed results), the District Attorney’s Office doesn’t seem have gotten the message.

The cyclist community was appalled last month when District Attorney George Gascon refused to follow SFPD recommendations and file criminal charges against the commercial truck driver who killed cyclist Amelie Le Moullac in August, a high-profile case that highlighted SFPD bias and triggered a series of hearings on the issue at City Hall.

Now, a San Francisco jury has voted overwhelmingly to acquit a cyclist who collided with a pedestrian last year, finding that the collision was clearly accidental and that the cyclist tried to avoid the victim who jaywalked to check the parking meter for her car and then abrupted reversed course and collided with the cyclist.

“The evidence in this case was clear: It was an accident, not a crime,” Deputy Public Defender Tammy Zhu said of her client, 20-year-old John Kewin, who faced up to a year in jail after the DA’s office charged him with reckless driving.

But the jury last week voted 11-1 to acquit Kewin, siding with witnesses who said he tried to avoid the collision over one witness (ironically, a cyclist) who testified that Kewin was riding too fast. So the DA’s office this week decided to drop the charges.

Public Defender’s Office spokesperson Tamara Barak Aparton told us charges should have never been filed in the case: “I don’t think it should have been, it was clearly an accident and not a crime.”

The DA’s Office has refused to file criminal charges against any of the four motorists who killed cyclists in San Francisco in the last year, even in cases where the drivers were making illegal turns across bike lanes and making no efforts to avoid the cyclists.

Does the District Attorney’s Office have a bias against bicyclists? We left messages with two different spokespeople from that office, and we’ll update this post with their replies if and when we hear back. 

Extra! Extra! Sunshine advocates beat the Anti-Sunshine Gang in City Hall

27

 By Bruce B. Brugmann

And so the  Anti-Sunshine Gang in City Hall, which for two years has been conducting a nasty vendetta against the Sunshine Ordinance Task Force,  capitulated quietly at Tuesday’s Board of Supervisors meeting without a fight or even a whimper.

The capitulation came in a two line phrase  buried in item 28 in the middle of the board’s agenda.  It was a report from the rules committee recommending  the Board of Supervisors approve a motion for  unnamed nominees to the Sunshine Ordinance Task Force. “Question:  Shall this Motion be approved.”

Board Chair David Chiu asked for approval in his usual board meeting monotone. And the approval came unanimously, with no dissent and no roll call vote and not a word spoken by anybody.  He banged the gavel and that was that. And only a few veteran board watchers knew that this was the astonishing  end to a crucial battle that pitted the powerfuf Anti-Sunshine Gangs against the sunshine forces and the citizens of San Francisco. It was a battle that would decide whether the task force would remain an independent people’s court that would hear and rule on public access complaints.  Sunshine won.

It was ironic and fitting that Chiu presided over the capitulation. For it was Chiu as board president who orchestrated  the deal to demolish Park Merced and then orchestrated the  infamous 6-5 board vote  in September 2010 approving  a monstrous redevelopment  project that would evict lots of tenants, and destroy most of the affordable housing. This was a big deal because the housing crisis was heating up and Park Merced was the largest affordable community in the city and one of the largest In the nation. This is where tens of thousands of young people, young married couples, students and faculty at nearby San Francisco State, older people, and middle class people had come for generations with their families to live in affordable housing in an  “urban park,” as Park Merced promo once put it.

And it was Chiu as board president who was charged by the Sunshine Task Force, along with Supervisors Scott Wiener, Malia Cohen, and Eric Mar with violating the Sunshine Ordinance and the state’s open meeting law (Brown Act) when they approved the project with blazing speed.. 

Wiener, Cohen, and Mar were on the board’s Land Use and Economic Development Committee when they voted on the contract. Literally minutes before the committee vote, Chiu introduced 14 pages of amendments to the contract. The deputy city attorney at the meeting blessed the amendments by saying, gosh, golly, gee, no problem, the amendments do  not substantially alter the contract and therefore the description of the item on the agenda was still apt and the committee could act on it. Bombs away! The full board approved the contract the same day by one vote.

This sleight of hand and pellmell approval process meant that Park Merced was going,going, gone and in its place would be a project that “has no hindsight, no insight, or foresight,” as Planning Commissioner Kathryn Moore was quoted as saying in a scathing Westside Observer column by landscape architect Glenn Rogers. “It is not a project of the 21st century.  It is the agenda of a self-serving developer.”

 The Observer, to its immense credit, was the only media in town to blast away at the project. (Read its coverage and weep, starting with a June piece by Pastor Lynn Gavin who wrote that the Park Merced owners did not disclose to her or her family that they “were going to demolish the garden apartment that was our home.”)  Gavin and her neighbors took the formal complaint to the Sunshine Ordinance Task Force and got a unanimous 8-0  ruling condemning Chiu, Wiener, Cohen, and Mar for open government violations.

It was a historic ruling by the task force and demonstrated once again in 96 point tempo bold the irreplaceable value of the people’s court.  The ruling also had impact because it amounted to a stinging  expose of how government often works in San Francisco with big money and big development and how one vote can add gallons of high octane petrol to the housing crisis. It angered the hell out of the six supervisors who voted for the project.

 And in effect, it gave rise to what I call the Anti-Sunshine Gang in City Hall whose response to the ruling was, not to apologize and change their illegal ways, but to start a vicious vendetta against the task force for doing the right thing at the right time.  The six votes were David Chiu, Scott Wiener, Malia Cohen, Mark Farrell, Sean Elsbernd, and Carmen Chu. Elsbernd has gone on to Sen. Diane Feinstein’s office in San Francisco and Chu to becoming assessor. But the gang picked up other allies along the way, notably the city attorney’s office.

Two years ago, when the task force members came to the board for reappointment, the Anti-Sunshine Gang retaliated and swung into action by “launching a smear campaign aimed at purging the eight task force members who had unanimously voted to find the violations,” according to Richard Knee, a 12 year veteran of the task force, in a June column in the Observer.  Knee, who represents the local chapter of the Society of Professonal Journalists, also wrote that “the mayor and the Board of Supervisors…made sure that the panel gets minimal funding, staffing and resources, and the board has refused to fill two long standing vacancies, making It difficult at times to muster a quorum since task force members are volunteers with outside responsibilities such as family and work.

“Two year ago, the board’s failure to appoint a physically disabled member forced the task force to take a five month hiatus, exacerbating a backlog of complaints filed by members of the public.This year, Knee wrote,  the start of the appointment process was “farcical and ominous.”  He explained that, at the May 15 meeting of the board’s rules committee, which vets applicants for city bodies, the two supervisors present chair Norman Yee and Katy Tang (David Campos had an excused absence) “complained that there weren’t enough racial/ethnic diversity among the 13 candidates. “That didn’t deter them from recommending the reappointments of Todd David, Louise Fischer, and David Pilpel, all Anglos.”

Before the full board five days later, Yee complained again, “this time that lack of a regular schedule and frequent switching of meeting dates were making attendance difficult for task force members. Either Yee had no clue of the facts or he was lying.” Knee explained that the task force normally meets the first Wednesday of each month and its subcommittees usually meet during the third week of the month.

“Meeting postponements and cancellations are the result, not the cause, of difficulties in mustering a quorum, due to the vacancies—which now number three.

“In gushing over David, Fischer, and Pilpel, at the board’s May 20 meeting, Wiener offered no evidence or detail of their alleged accomplishments and ignored the fact that David has missed six task force meetings since March 2013, including those of last February and April. Until the board fills the other seats, the five remaining incumbents—Chris Hyland, Bruce Oka, David Sims, Allyson Washburn, and yours truly—stay on as ‘holdover’ members.”

Meanwhile, by the next session of the Rules Committee on June 5, the sunshine advocates had rallied and put together an impressive mass of sunshine power. Testifying at the hearing were representatives from SPJ and the journalism community, the League of Women Voters, the ACLU, the sunshine posse, the Library Users Association, the Bay Area News Group, the Inter-American Press Asociation, the Center for Investigative Reporting, the UC-Berkeley Graduate School of Journalism, the First Amendment Coalition, the  Electronic Frontier Foundation, the Observer and neighborhood activists, and other sunshine allies and FOI groupies. It was quite a show of force. 

SPJ placed a pointed, timely op ed in the Chronicle (“SF Supervisors block Sunshine Ordinance Task Force,” good of the Chron/Hearst to run it but better if the paper didn’t black out local sunshine issues.) Members of the posse peppered the gang with public record requests aimed at tracking skullduggery and they found it. Reps from the groups lobbied the supervisors by email, phone, and personal office visits. And the word that the Anti-Sunshine Gang was back and on the gallop shot through the neighborhoods and around town and into election campaigns and among constituents of the gang.

SPJ and its vigorous Freedom of Information Committee under co-chairs Journalist Thomas Peele, of Chauncey Bailey fame, and Attorney Geoff King  were particularly effective. Peele is an investigative reporter with the Bay Area Newspaper Group, a lecturer on public records at the UC-Berkeley Graduate School of Journalism, and author of a respected book on Chauncey Bailey, a black journalist murdered on his way to work.

The word got around that the supervisors were blocking strong pro-sunshine candidates for the task force and that their first three nominees were the weakest of the lot. Campos, a stellar sunshine advocate, was back at the committee meeting, making the right calls and shepherding the strong nominees along through the committee and the Board of Supervisors.  Great job.

The cumulative weight and force  of the presentations of the nominees and the sunshine advocates made the proper political point:  any supervisor who voted with the Anti-Sunshine Gang was going to face their constituents and voters with the brand of being anti-sunshine and anti- government accountability.  More: they would have to answer some embarrassing questions: Who lost Park Merced? Who voted to turbo charge evictions and middle class flight from the city for years to come? Who tried to cover up the outrage and who did it? And who led the retaliatory vendetta against the Sunshine Ordinance Task Force for doing the right thing on behalf of sunshine in San Francisco?

And so the Board of Supervisors was dragged kicking and screaming into the sunshine of June 2014 and beyond. The supervisors ended up nominating what looks to be one of the strongest pro-sunshine task forces: Attorney  Mark Rumold and journalist Ali Winston from SPJ, Allyson Washburn from the League of Women Voters, Attorney Lee Hepner, Journalist Josh Wolf, and holdover Chris Hyland. Plus Bruce Oka who looks to be a late holdover in the disabled seat. Congratulations for hanging in and winning, hurray for the power of sunshine, on guard,  B3

P.S. l: PG&E institutionalizes City Hall secrecy and corruption:  The pernicious influence of the Anti-Sunshine gang hung heavy over the rules committee.  Tang tried to force every candidate to take a pledge of allegiance to the city attorney. Tang is the kind of neighborhood supervisor (Sunset) who has a 100 per cent Chamber of Commerce voting record. Her city attorney pledge demand was laughable on its face, given the fact that the city attorney refuses to move on the PG&E/Raker Act scandal and thus has helped institutionalize secrecy and corruption in City Hall on a multi-million dollar scale for decades. Which is reason enough for the city to always maintain a strong, enduring Sunshine Ordinance Task Force, to help keep tabs on how PG&E keeps City Hall safe for PG&E and its allies. (See Guardian stories and editorials since 1969.)  

Tang and Yee continued the gang’s hammering on Bruce Wolfe, a worthy candidate for the disabled seat whose main sin was that he was one of the Honorable Eight who voted condemnation.  The gang knocked out Wolfe as a holdover candidate the first time around and they were at it again at the committee meeting. Oka says he wants to resign from the task force but only when the board finds a good replacement. Wolfe, who was an effective and knowledgeable sunshine task force member, is the obvious replacement but he is still on the purge list.  Stay tuned on this one. . 

There are three things that no one can do to the entire satisfaction of anyone else: make love, poke the fire, and run a newspaper. William Allen White, 1917, line atop the editorial page of the Durango Herald, Durango, Colorado. 

The World Cup is almost here! Where are you gonna watch?

5

The World Cup runs June 12-July 13. Will the US make it out of its group? Will Cristiano Ronaldo get past the (alleged) curse upon his injured knee? Will Neymar Jr. debut a new hairstyle in front of the Brazilian home crowd? And where will you go to watch all this happen? Some suggestions below.

1) SoMa StrEat Food Park: international array of food trucks, beer garden (with Brazilian beer specials), “lots of big-screen HDTVs.” www.somastreatfoodpark.com

2) For those who prefer to party indoors, with a full bar, club Monarch is going to be broadcasting all the games. (OK, “all the big matches” — so if your chosen side is too far down in the FIFA rankings you might be out of luck). www.monarchsf.com

3) North Beach’s Cigar Bar hosts a screening of Sat/14’s key clashes (i.e., you’re on your own for the early-AM Greece vs. Colombia game) with DJs spinning special World Cup jams. This weekend also happens to be the North Beach Festival, so you can get your street fair on before the games. www.aykuteevents.com

4) Once again, there’ll be a giant screen outside of SF City Hall broadcasting most of the games. Also: food trucks, soccer skills clinics, mini-games, and other kid-friendly activities. www.worldcupsf.com

5) In the Metreon, Jillian‘s will be screening all the games, with full bar and special menus. www.jillianssf.com

Celebrate the whole shebang with an opening party (samba dancers!) Sat/14 at Supperclub (www.supperclub.com). Also in SF, don’t forget futbol standbys Mad Dog in the Fog, Danny Coyle’s, Ireland’s 32, Kate O’Brien’s, and Balompie Café.

Invisible no more

9

We all want to be responsible for our environment. We sort our trash. We put the right things into the right containers, and feel good when we see them at the curb on trash pickup day.

Then the trash disappears. End of story.

But really, it’s not the end. Not only does the trash go somewhere, but people still have to sort through what we’ve thrown away. In a society full of people doing work that’s unacknowledged, and often out of sight, those who deal with our recycled trash are some of the most invisible of all.

Sorting trash is dangerous and dirty work. In 2012 two East Bay workers were killed in recycling facilities. With some notable exceptions, putting your hands into fast moving conveyor belts filled with cardboard and cans does not pay well — much less, for instance, than the jobs of the drivers who pick up the containers at the curb. And the sorting is done almost entirely by women of color; in the Bay Area, they are mostly immigrants from Mexico and Central America, as well as some African Americans.

This spring, one group of recycling workers, probably those with the worst conditions of all, finally had enough. Their effort to attain higher wages, particularly after many were fired for their immigration status, began to pull back recycling’s cloak of invisibility. Not only did they become visible activists in a growing movement of East Bay recycling workers, but their protests galvanized public action to stop the firings of undocumented workers.

 

ILLEGAL WAGES FOR “TEMPORARY” WORKERS

Alameda County Industries occupies two big, nondescript buildings at the end of a cul-de-sac in a San Leandro industrial park. Garbage trucks with recycled trash pull in every minute, dumping their fragrant loads gathered on routes in Livermore, Alameda, and San Leandro. These cities contract with ACI to process the trash. In the Bay Area, only one city, Berkeley, picks up its own garbage. All the rest sign contracts with private companies. Even Berkeley contracts recycling to an independent sorter.

At ACI, the company contracts out its own sorting work. A temp agency, Select Staffing, hires and employs the workers on the lines. As at most temp agencies, this means sorters have no health insurance, no vacations, and no holidays. It also means wages are very low, even for recycling. After a small raise two years ago, sorters began earning $8.30 per hour during the day shift, and $8.50 at night.

Last winter, workers discovered this was an illegal wage.

Because ACI has a contract with the city of San Leandro to process its recycling, it is covered by the city’s Living Wage Ordinance, passed in 2007. Under that law, as of July 2013: “Covered businesses are required to pay no less than $14.17 per hour or $12.67 with health benefits valued at least $1.50 per hour, subject to annual CPI [consumer price index] adjustment.”

There is no union for recycling workers at ACI, but last fall some of the women on the lines got a leaflet advertising a health and safety training workshop for recycling workers, put on by Local 6 of the International Longshore and Warehouse Union. There, they met the union’s organizing director, Agustin Ramirez. “Sorting trash is not a clean or easy job anywhere,” he recalls, “but what they described was shocking. And when they told me what they were paid, I knew something was very wrong.”

Ramirez put them in touch with a lawyer. In January, the lawyer sent ACI and Select a letter stating workers’ intention to file suit to reclaim the unpaid wages. ACI has about 70 sorters. At 2,000 work hours per year each, and a potential discrepancy of almost $6 per hour, that adds up to a lot of money in back wages.

The response by ACI and Select was quick. In early February, 18 workers — including all but one who’d signed onto the initial suit — were called into the Select office. They were told the company had been audited by the Immigration and Customs Enforcement agency of the Department of Homeland Security a year before, and that ICE had questioned their immigration status. Unless they could provide a good Social Security number and valid work authorization within a few days, they’d be terminated.

Instead of quietly disappearing, though, about half the sorters walked off the lines on Feb. 27, protesting the impending firings and asking for more time from the company and ICE. Faith leaders and members of Alameda County United for Immigrant Rights joined them in front of the ACI office. Workers came from other recycling facilities. Jack in the Box workers, some of whom were fired after last fall’s fast-food strikes, marched down the cul-de-sac carrying their banner of the East Bay Organizing Committee. Even San Leandro City Councilman Jim Prola showed up.

“The company told us they’d fire anyone who walked out,” said sorter Ignacia Garcia. But after a confrontation at the gate, with trucks full of recycled trash backed up for a block, Select and ACI managers agreed the strikers could return to work the following day. The next week, however, all 18 accused of being undocumented were fired. “Some of us have been there 14 years, so why now?” wondered Garcia.

In the weeks that followed, East Bay churches, which earlier called ICE to try to stop the firings, collected more than $6,500 to pay rent for nine families. According to Rev. Deborah Lee, director of the Interfaith Coalition for Immigrant Rights, “after they had a chance to meet the fired workers and hear their stories, their hearts went out to these hardworking workers and parents, who had no warning, and no safety net.” Money is still coming in, she says.

 

ONE OF MANY BATTLES

Because cities give contracts for recycling services, they indirectly control how much money is available for workers’ wages. But a lot depends on the contractor. San Francisco workers have the gold standard. Recology, whose garbage contract is written into the city charter, has a labor contract with the Teamsters Union. Under it, workers on its recycle lines are guaranteed to earn $21 an hour.

Across the bay, wages are much lower.

ACI is one battle among many taking place among recycling workers concerning low wages. In 1998, Ramirez and the ILWU began organizing sorters. That year 70 workers struck California Waste Solutions, which received a contract for half of Oakland’s recycling in 1992. As at ACI, workers were motivated by a living wage ordinance. At the time, Oakland mandated $8 an hour plus $2.40 for health insurance. Workers were only paid $6, and the city had failed to monitor the company for seven years, until the strike.

Finally, the walkout was settled for increases that eventually brought CWS into compliance. During the conflict, however, it became public (through the Bay Guardian in particular) that Councilman Larry Reid had a financial interest in the business, and that CWS owner David Duong was contributing thousands of dollars in city election races.

Waste Management, Inc., holds the Oakland city garbage contract. While garbage haulers have been Teamster members for decades, when Waste Management took over Oakland’s recycling contract in 1991 it signed an agreement with ILWU Local 6. Here too workers faced immigration raids. In 1998, sorters at Waste Management’s San Leandro facility staged a wildcat work stoppage over safety issues, occupying the company’s lunchroom. Three weeks later immigration agents showed up, audited company records, and eventually deported eight of them. And last year another three workers were fired from Waste Management, accused of not having legal immigration status.

Today Waste Management sorters are paid $12.50 under the ILWU contract — more than ACI, but a long way from the hourly wage Recology pays in San Francisco. Furthermore, the union contracts with both CWS and Waste Management expired almost two years ago. The union hasn’t signed new ones, because workers are tired of the second-class wage standard.

To increase wages, union recycling workers in the East Bay organized a coalition to establish a new standard — not just for wages, but safety and working conditions — called the Campaign for Sustainable Recycling. Two dozen organizations belong to it in addition to the union, including the Sierra Club, the Global Alliance for Incinerator Alternatives, Movement Generation, the Justice and Ecology Project, the East Bay Alliance for a Sustainable Economy, and the Faith Alliance for a Moral Economy.

ILWU researcher Amy Willis points out, “San Francisco, with a $21 wage, charges garbage rates to customers of $34 a month. East Bay recyclers pay half that wage, but East Bay ratepayers still pay $28-30 for garbage, recycling included. So where’s the money going? Not to the workers, clearly.”

Fremont became the test for the campaign’s strategy of forcing cities to mandate wage increases. Last December the Fremont City Council passed a 32-cent rate increase with the condition that its recycler, BLT, agree to provide raises. The union contract there now mandates $14.59 per hour for sorters in 2014, finally reaching $20.94 in 2019. Oakland has followed, requiring wage increases for sorters as part of the new recycling contract that’s currently up for bid.

Good news for those still working. But even for people currently on the job, and certainly for the 18 workers fired at ACI, raising wages only addresses part of the problem. Even more important is the ability to keep working and earn that paycheck.

 

CRIMINALIZING IMMIGRANT WORKERS

When ACI and Select told workers they’d be fired if they couldn’t produce good Social Security numbers and proof of legal immigration status, they were only “obeying the law.” Since 1986, U.S. immigration law has prohibited employers from hiring undocumented workers. Yet according to the Pew Hispanic Trust, 11-12 million people without papers live in the U.S. — and not only do the vast majority of them work, they have to work as a matter of survival. Without papers people can’t collect unemployment benefits, family assistance or almost any other public benefit.

To enforce the law, all job applicants must fill out an I-9 form, provide a Social Security number and show the employer two pieces of ID. Since 1986 immigration authorities have audited the I-9 forms in company personnel records to find workers with bad Social Security numbers or other ID problems. Immigration and Customs Enforcement (ICE) then sends the employer a letter, demanding that it fire those workers.

According to ICE, last year the agency audited over 2,000 employers, and similar numbers in previous years. One of the biggest mass firings took place in San Francisco in 2010, when 475 janitors cleaning office buildings for ABM Industries lost their jobs. Olga Miranda, president of Service Employees Local 87, the city’s janitors union, charges: “You cannot kill a family quicker than by taking away their right to find employment. The I-9 audits, the workplace raids, E-Verify, make workers fear to speak out against injustices, that because of their immigration status they have no standing in this country. They have criminalized immigrants. They have dehumanized them.”

One fired janitor, Teresa Mina, said at the time, “This law is very unjust. We’re doing jobs that are heavy and dirty, to help our children have a better life, or just to eat. Now my children won’t have what they need.”

Similar I-9 audits have taken place in the past two years at the Pacific Steel foundry in Berkeley, at Silicon Valley cafeterias run by Bon Appetit, at South Bay building contractor Albanese Construction, and at the Dobake bakery, where workers prepare food for many Bay Area schools. All are union employers.

Sometimes the audits take place where workers have no union, but are protesting wages and conditions. Like the ACI workers, in 2006 employees at the Woodfin Suites hotel in Emeryville asked their employer to raise their wages to comply with the city’s living wage ordinance. Twenty-one housekeepers were then fired for not having papers. Emeryville finally collected over $100,000 in back pay on their behalf, but the workers were never able to return to their jobs.

Last fall, as fast-food workers around the country were demanding $15 an hour, several were fired at an Oakland Jack in the Box for being undocumented. “They knew that when they hired us,” said Diana Rivera. “I don’t believe working is a crime. What we’re doing is something normal — we’re not hurting anyone.” The Mi Pueblo Mexican market chain also fired many workers in an immigration audit, during a union organizing drive.

Because the audits are not public, no exact total of the number of workers fired is available. ICE spokesperson Virginia Kice would not comment on the audit at ACI. In response to an information request, she stated: “To avoid negatively impacting the reputation of law-abiding businesses, we do not release information or confirm an audit unless the investigation results in a fine or the filing of criminal charges.” Neither ACI nor Select Staffing responded to requests for comment.

San Francisco became a leader in opposing the firings in January, when the Board of Supervisors passed unanimously a resolution calling on the Obama administration to implement a moratorium on the audits and on deportations. Other cities, like Los Angeles, have also opposed deportations, but San Francisco added: “End the firings of undocumented workers by ending the I-9 audits and the use of the E-Verify system.”

Gordon Mar, of Jobs with Justice, urged the board to act at a rally in front of City Hall. “When hundreds of workers are fired from their jobs,” he declared, “the damage is felt far beyond the workers themselves. Many communities have voiced their opposition to these ‘silent raids’ because they hurt everyone. Making it a crime to work drives people into poverty, and drives down workplace standards for all people.” Like many Bay Area progressive immigrant rights activists, Mar calls for repealing the section of immigration law that prohibits the undocumented from working.

The Board of Supervisors urged President Obama to change the way immigration law is enforced, in part because Congress has failed to pass immigration reform that would protect immigrants’ rights. The Senate did pass a bill a year ago, but although it might eventually bring legal status to some of the undocumented, other provisions would increase firings and deportations.

Like the Board of Supervisors, therefore, the California Legislature has also passed measures that took effect Jan. 1, to ameliorate the consequences of workplace immigration enforcement: AB 263, AB 524, and SB 666. Retaliation is now illegal against workers who complain they are owed unpaid wages, or who testify about an employer’s violation of a statute or regulation. Employers can have their business licenses suspended if they threaten to report the immigration status of workers who exercise their rights. Lawyers who do so can be disbarred. And threats to report immigration status can be considered extortion.

It’s too early to know how effective these new measures will be in protecting workers like the 18 who were fired at ACI. While a memorandum of understanding between ICE and the Department of Labor bars audits or other enforcement actions in retaliation for enforcing wage and hour laws, ICE routinely denies it engages in such retaliation.

Yet, as difficult as their situation is, the fired recyclers don’t seem to regret having filed the suit and standing up for their rights. Meanwhile, the actions by the cities of Oakland and Fremont hold out the promise of a better standard of living for those still laboring on the lines.

 

SFMTA launches “Google Bus” pilot program map, promises increased enforcement

11

The Google Bus plan is now rolling forward. Last night [Mon/9] the San Francisco Municipal Transportation Agency released a map of shuttle stops to be studied in the contentious commuter shuttle pilot program, and proposed new means of cracking down on shuttle scofflaws.

The released map shows a peppering of dots representing what the SFMTA is calling “pilot network zones,” essentialy bus stops to be shared by Muni and commuter shuttles alike. The SFMTA will study those pilot network zones, measure impacts to Muni shuttles, and the zones will soon be marked up with signage denoting them as a commuter shuttle stops. 

The site of the first and many subsequent Google Bus protests, Valencia and 24th street, is included among the proposed stops. Many of those protesters highlighted the lack of enforcement around the shuttle stops highlighted by a glaring set of numbers: Since January, San Francisco issued over 13,000 citations against double-parkers in red zones, but only 45 went to commuter shuttles. The shuttles use of those stops were, at the time (and even now) illegal, protesters said. 

Carli Paine, the head of the commuter shuttle pilot program at SFMTA, told us now there’ll be increased enforcement.

“Implementation will include placards on the vehicles, signage at the zones that are in the pilot network, and additional enforcement,” she confirmed for us, in an email. The SFMTA also launched a special web form for lodging complaints about the commuter shuttles.

SFMTA surveyed tech companies, citizens, and government to decide which stops to study. Per SFMTA:

In February, the SFMTA collected requests from shuttle service providers and resident suggestions on what stops should be included in the pilot through an interactive website and open houses.  We reviewed requests from shuttle service providers and suggestions from residents to develop a pilot network of zones that is a combination of:

Zones requested by shuttle service providers

Zones requested by residents

Alternative zones within a few blocks of requested zone locations

New white zones in locations where demand is high but sharing with Muni would likely disrupt Muni service for inclusion in the pilot network

Zones with Muni service every 10 minutes or less, most zones along Muni’s busiest routes and lines, and flag stops (stops that are in the street, away from the curb) on the bicycle network were not included in the proposed pilot network of shared bus zones.

The website that SFMTA referred to crowdsourced feedback from San Franciscans, an interactive map where anyone could place pinpoints proposing shuttle stops. Some jokers pinned proposed shuttle stops in the San Francisco Bay and the ocean. Some had reasoned arguments against corporate shuttles. “There should be a designed [sic] bus stop for the big corporate buses and not public bus stops,” read one post. Others were more flip, like the push-pin on Alcatraz, reading “Make ’em swim!” 

 

SFMTA’s Proposed Commuter Shuttle Network 140609 by Joe Fitzgerald Rodriguez

 

 

Above we’ve embedded the commuter shuttle map. 

Interestingly, the hotly contested tax that the SFMTA planned to levy against commuter shuttle companies of $1 per stop, per day may be revised. 

The permit and use fee will be updated based on actual project costs and actual stop events proposed as part of the permitting process,” the SFMTA stated in an email announcement of the new commuter shuttle project map. “The SFMTA Board will hold a public hearing to adopt the adjusted fee, if different from earlier calculations.”

The Guardian obtained a cost breakdown of the shuttle program from the SFMTA, and the numbers do seem to be fairly rough.

 

Cost Breakdown of SFMTA “Google Bus” commuter shuttle pilot program by Joe Fitzgerald Rodriguez

 

 

Above we’ve embedded the cost estimate of the commuter shuttle program, obtained through a public records request under the Sunshine Ordinance.

The shuttle pilot program proposed to fund 312 hours of work for transit planners and engineers each, annually. Notably, 4,000 hours are slated for a parking control officer, and 520 for a senior parking control officer annually. The two officers together are estimated to cost $300,000 annually. Double that estimate, as the project is slated to run two years. 

The SFMTA board will meet to approve any new fees for the program during its July 15 meeting. There will also be a public SFMTA engineering meeting on June 20 (10am, City Hall, Room 416) to discuss changes to the commuter shuttle pilot program.

The map also denotes sidewalk white zones for shuttle use for commuter hours, between 6-10am and 4-8pm. 

The shuttle pilot program will officially begin August 1. It’s still an open question what effect, if any, the current lawsuit concerning environmental review of the shuttle stops will have on the program.