Civil Liberties

Will SF follow Portland on FBI spy concerns?

1

The Human Rights Commission and the Police Commission will hold a May 18 joint hearing at City Hall to discuss a recently released memo between the SFPD and the FBI that suggests that SFPD officers assigned to the FBI’s Joint Terrorism Task Force are under the control & rules of the FBI. The concern is that the memo allows SFPD officers to circumvent local intelligence-gathering policies, departmental orders and California privacy laws that prevent spying on people without any evidence of a crime. And the hearing comes a few weeks after Portland’s City Council unanimously approved a resolution that Portland Mayor Sam Adams introduced to clarify that Portland and FBI have decided not to enter into a Memorandum of Understanding (MOU) for the JTTF, but that the City will be cooperating with the JTTF according to the terms of Adams’ resolution.

During Portland’s public hearing, the American Civil Liberties Union (ACLU) of Oregon testified in support of the resolution, while raising concerns about the current and past practices of the FBI and the need to ensure that City personnel comply with Oregon laws.

“The Mayor’s proposal represents a thoughtful framework that should meet the City’s and the FBI’s needs to keep our community safe while also ensuring that Portland police stay within the confines of the Oregon Constitution and Oregon Charge of such violations, and a public annual report on the work the Portland Police Bureau does with the FBI JTTF,” ACLU Legislative Director Andrea Meyer stated.

“It is not a question of if but when, our officers will be asked to engage in investigative activities in violation of Oregon law,” Meyer testified. “To guard against this, we expect that there will be appropriate training of PPB personnel not just on Oregon law but on the FBI guidelines and the minimal criteria necessary for them to be able to engage in assessments and preliminary inquiries so that our PPB officers will be equipped to ask the right questions and refuse to participate and report this to the Chief and, in turn, the Commissioner-in-Charge.”
 
During Portland’s hearing, Mayor Adams stressed that the FBI’s standard JTTF MOU (which is similar to the agreement SFPD officers have operated under since March 2007) —is neither clear nor adequate in terms of addressing local civil rights concerns. And that’s why he sought and won federal consent for a non-MOU arrangement with Portland participating on a limited basis, on its own terms, with local civilian oversight and involvement from the City Attorney.  

“The question pending in SF is whether local officials — from the Police Commission, to City Attorney, to Mayor, will eventually insist on a similarly protective arrangement here, “John Crew of the ACLU of Northern California told the Guardian. “Right now, Portland shows what’s possible, and what the federal government will accommodate. I don’t know why Bay Area cities would not insist on at least something this strong.”

San Francisco’s joint hearing takes place May 18, 5:30 p.m. – 8:30 p.m. in Room 250 at City Hall.

Alerts

0

ALERTS

 

By Jackie Andrews

alert@sfbg.com

 

WEDNESDAY, MAY 4

 

Robert Reich lecture

Robert Reich — UC Berkeley professor of public policy, former U.S. secretary of labor, and best-selling author — asks the question, “Will corporate social responsibility stop a race to the bottom in labor standards?” Come hear what the man The Wall Street Journal called one of the “most influential business thinkers” has to say.

4–6 p.m., free

SFSU Seven Hills Conference Center

1600 Holloway, SF

(415) 338-2885

www.sfsu.edu/~news

 

THURSDAY, MAY 5

 

Chabot College walk-out

Chabot College students, as well as middle and high school students and other community members in and around Hayward, will walk out in protest of the construction of the Russell City Power Plant. Meet at Chabot College and march en masse to the proposed site of the plant for a lively rally.

Noon–3 p.m., free

Meet at Chabot College main courtyard

25555 Hesperian, Hayward

Facebook: Powerplanttaskforce Hayward

 

Hecho en San Francisco

Commemorate the Battle of Puebla while supporting local food vendors at this benefit for La Cocina and CUESA. Taste fresh tortillas, authentic puebla cooking, and the best of las cocinas Nopailito, Mijita, y Tacolicious — not to mention top shelf tequila, beer, and wine.

5:30–8:30 p.m., $50

CUESA Kitchen

Ferry Building, North Arcade, SF

www.hechoensanfrancisco.eventbrite.com

 

FRIDAY, MAY 6

 

War-tax resistance conference

Any interest in cutting off your own personal funding of America’s wars? Join the club. War-tax resisters from around the country are sure to attend this three-day national conference, which begins tonight and ends Sunday (at differing locales, so check the website for more info). Tonight’s discussion — following dinner at 6 p.m. — is on strengthening resistance through social networking.

6–9:30 p.m., $15

Berkeley Friends Church

1600 Sacramento, Berk.

www.nwtrcc.org

 

SATURDAY, MAY 7

 

Beyond gang injunctions

Join this community discussion on gang injunctions — a new strategy for policing gangs that has been criticized for siphoning money away from community programs while increasing racial profiling and other attacks on civil liberties. You’ll hear from prominent community leaders such as Sagnitche Salazar of Stop the Injunction Coalition and Whitney Young of Critical Resistance, among others, followed by a Q&A.

2:30–4:30 p.m., free

EastSide Arts Alliance

2277 International, Oakl.

www.radioproject.org

 

TUESDAY, MAY 10

 

Activism is not terrorism

Attend this reading and discussion of Will Potter’s Green is the New Red: An Insider’s Guide to a Social Movement Under Siege. In it, the award winning journalist discusses the “green scare” trend in the media and popular culture, which portrays environmental and animal rights activists as so-called ecoterrorists. Even the federal government is flippant with its use the word “terrorism,” he says, and it recently convicted a group of animal rights advocates of “animal enterprise terrorism.”

7 p.m., free

City Lights Books

261 Columbus, SF

www.citylights.com 

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 437-3658; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

Spies in blue

19

sarah@sfbg.com

San Francisco cops assigned to the FBI’s terrorism task force can ignore local police orders and California privacy laws to spy on people without any evidence of a crime.

That’s what a recently released memo appears to say — and it has sent shockwaves through the civil liberties community.

It also has members of the S.F. Police Commission asking why a carefully crafted set of rules on intelligence gathering, approved in the wake of police spy scandals in the 1990s, were bypassed without the knowledge or consent of the commission.

“It’s a bombshell,” said John Crew, a long-time police practices expert with the American Civil Liberties Union of Northern California.

The ACLU obtained the document April 4 under the California Public Records Act after a long battle. It’s a 2007 memorandum of understanding outlining the terms of an agreement between the city and the FBI for San Francisco’s participation in the Joint Terrorism Task Force.

And, according to Crew, it effectively puts local officers under the control of the FBI. “That means Police Commission policies do not apply,” Crew said. “It allows San Francisco police to circumvent local intelligence-gathering policies and follow more permissive federal rules.”

Veena Dubal, a staff attorney at the Asian Law Caucus, agreed: “This MOU confirms our worst fears,” she said.

Dubal noted that in the waning months of the Bush administration, the FBI changed its policies to allow federal authorities to collect intelligence on a person even if the subject is not suspected of a crime. The FBI is now allowed to spy on Americans who have done nothing wrong — and who may be engaged in activities protected by the First Amendment.

FBI activity under this new “assessment” category has since come under fire, and a recent report in The New York Times showed that the FBI has conducted thousands of assessments each month, and that these guidelines continue under Obama.

And if the feds do control San Francisco police policy, then the San Francisco cops could be spying on innocent people — a dramatic change from longstanding city policy. “The MOU is disturbing,” Police Commission member Petra DeJesus told the Guardian. “The department is assuring us that local policies are not being violated — but it looks as if it’s subject to interpretation.”

It’s the latest sign of a dangerous trend: San Francisco cops are working closely with the feds, often in ways that run counter to city policy.

And it raises a far-reaching question: With a district attorney who used to be police chief, a civilian commission that isn’t getting a straight story from the cops, and a climate of secrecy over San Francisco’s intimate relations with outside agencies, who is watching the cops?

 

SPIES LIKE US

San Francisco has a long — and ugly — history of police surveillance on political groups. SFPD officers spied on law-abiding organizations during the 1984 Democratic National Convention; kept files in the 1980s on 100 Bay Area civil, labor, and special interest groups; and carried out undercover surveillance of political groups focused on El Salvador and Central America.

Those abuses led the Police Commission to develop a departmental general order in 1990 known as DGO 8.10. The local intelligence guidelines require “articulable and reasonable suspicion” before SFPD officers are allowed to collect information on anyone.

Even those rules weren’t enough to halt the spies in blue. In 1993, police inspector Tom Gerard was caught spying on political groups — particularly Arab American and anti-apartheid organizations and groups Gerard described as “pinko” — and selling that information to agents for the Anti-Defamation League.

As the ACLU and Asian Law Caucus noted in a December 2010 letter to Cdr. Daniel Mahoney: “That scandal was not just about the fact that peaceful organizations and individuals were being unlawfully spied upon and their private information sold to foreign governments, but that the guidelines adopted in 1990 had never been fully implemented by SFPD. No officers had been trained on the new guidelines and no meaningful audit had ever been implemented.”

Over the years, the commission has tried to keep tabs on police intelligence and prevent more spy scandals. The general order mandates that local police officials have to request general authority from a commanding officer and the chief to investigate any activity that comes under First Amendment protections — and must specify in the request what the facts are that give rise to this suspicion of criminal activity. The order also states that the chief can’t approve any request that doesn’t include evidence of possible criminal activity.

Those requests are reviewed monthly by the Police Commission and there are annual audits of the SFPD files to monitor compliance — so the notion that the local cops are joining the FBI spy squad without commission oversight is more than a little disturbing.

Officials with the FBI and SFPD are doing their best to reassure the local community that there’s nothing to worry about. But so far their replies seem to duck questions about whether FBI guidelines trump local policies. For example, the MOU states that “when there is a conflict, [task force members] are held to the standard that provides the greatest organizational benefit.”

We asked Mahoney to clarify: does that mean the local cops could be held to the FBI’s standards?

“The San Francisco Police Officer(s) who are assigned to the Joint Terrorism Task Force always have and continue to be required to follow all SFPD’s policies and procedures,” Mahoney replied in a statement.

That’s confusing; do they follow SFPD policies, or obey the MOU?

We asked FBI special agent-in-charge Stephanie Douglas whether SFPD officers are involved in surveillance and “assessments” (that FBI code word for creating spy files on individuals and groups) and whether they are identifying as SFPD or FBI officers.

“The FBI only initiates investigations on allegations of criminal wrongdoing or threats to our national security,” Douglas replied April 21. “Our investigations are conducted in compliance with the Constitution, the laws of the United States, the Attorney General Guidelines, the Domestic Investigation and Operations Guide, and all other FBI policies.”

Okay, that’s typical FBI-speak. Here’s more: “The JTTF is a task force comprised of FBI special agents, agents from other federal agencies, and local police officers who have been officially deputized as federal task force officers (TFOs) who have the power and authority of a federal agent. Because all JTTF TFOs are actually de facto federal agents, they are required to operate under federal laws and policies when involved in a JTTF case.”

So the cops are actually feds. But wait: “Our standard JTTF MOU recognizes, however, that the JTTF TFOs do wear two hats, as it were, and directs JTTF TFOs to follow his or her own agency’s policy when it is stricter than the FBI policy under certain circumstances,” Douglas concluded.

Again: not exactly clear, and not exactly reassuring.

“At some point they need to say whether SFPD officers are engaged in assessments,” Crew said.

These questions have spurred the Police Commission and Human Rights Commission to schedule a joint hearing in May to discuss what the document means, why SFPD never alerted the civilian oversight authorities, and whether a clarifying addendum can be tacked onto the agreement.

 

SPY FOR US OR LEAVE

The concerns are likely to be intensified by recent developments in Portland, Ore.

Portland dropped out of the Joint Terrorism Task Force in 2005 over concerns that local cops would be violating privacy laws. But in November 2010, the FBI thwarted a bomb plot allegedly linked to terrorists, and city officials came under pressure to rejoin the JTTF.

But Mayor Sam Adams has insisted on language that would bar local cops from doing surveillance and assessments, which, apparently, won’t fly with the feds.

On April 20, Willamette Week, the Portland alternative paper, wrote that Adams “effectively scuttled” Portland’s reentry into its local JTTF because of his anti-spying language.

In an April 19 letter to Adams, U.S. Attorney for Oregon Dwight Holton stated that Adams’ proposal of only allowing officers with the Portland Police Bureau to be involved in investigations and not in FBI assessments was a deal-breaker.

“Unfortunately, as currently drafted, the proposed resolution does not provide a way in which the PPB can rejoin the team,” Holton wrote. “There is a single provision that stands as a roadblock to participation — specifically the provision that seeks to have the City Council delineate only certain investigative steps a task force officer can take part in. Specifically, the resolution seeks to dictate for the JTTF which stages of an investigation task force officers from the [Portland police] can work on.”

“Investigation and prevention of complex crimes and terrorism are typically fluid and fast-moving,” he added. “It makes no sense to ask [Portland police] officers to be in for one part of a conversation, but out for another part of the same conversation as investigators discuss findings from assessments, investigations, etc. in evaluating and addressing terrorist threats in Portland and beyond.”

The message isn’t lost on San Francisco civil liberties activists. If you don’t let your cops join the spy squad, they can’t be a part of the task force.

“It was one thing to join the JTTF 10 years ago when they were operating under guidelines that, while not to the ALCU’s taste, were at least tied to some level of suspicion,” Adams said. “But they have taken their procedures and guidelines and moved them to the far right. It’s one thing to say that it’s necessary for the FBI to do that, and quite another to say that local agencies have to forfeit their own policies — and with no public debate or decision-making.”

 

ASK THE FEDS FIRST

Further complicating the question of police oversight is the fact that George Gascón, who was police chief when civil liberties groups started asking for a copy of the MOU last fall, refused to turn over the document without asking the feds first.

In a Jan. 4 letter to the ACLU and ALC, Gascón and Mahoney stated that the SFPD could not speak to information about the duties, functions, and numbers of officers assigned to the Joint Terrorism Task Force “without conferring with our partners in the Federal Bureau of Investigation.”

“I am sure you can appreciate the delicate balance we hold in crafting policy that not only supports our mission in the ultimate protection of life, but also in advancing democratic values through collaboration with the communities we serve,” Gascón and Mahoney wrote.

And Gascón is now district attorney.

“It raises the question of accountability,” said Public Defender Jeff Adachi “We want to make sure that police officers working in the city, regardless of whether it be for the feds or the SFPD, are complying with general orders and policies established by the department. But when officers go on an assignment with the feds, we don’t know if they are operating under parameters set by local law.”

Unearthing the FBI’s hitherto clandestine MOU with the SFPD appears to be yet another sign that local police are increasingly being subjected to federal policies not in keeping with local procedures.

As the Guardian previously reported, the 2008 decimation of San Francisco’s sanctuary city legislation and the 2010 activation of the federal government’s controversial Secure Communities program, which both happened during former Mayor Gavin Newsom’s tenure, means that the city of St. Francis now ranks among the top 38 counties nationwide that are deporting “noncriminal aliens.”

Dubal also noted that the FBI came to the SFPD in 1996 asking for help with the task force, but also sought a waiver from the Police Commission so officers could participate without having to follow local rules. “And within two weeks, then Mayor Willie Brown said, not in our town,” Dubal said. “So in 1997, the SFPD said we are not going to join unless we can follow our own rules. And in 2001, when the SFPD joined, it was under an MOU that required them to comply with SFPD rules and was signed in 2002 by then-SFPD Chief [Earl] Saunders.”

Dubal said that after local law enforcement agencies sign an MOU with the FBI, they designate and assign officers to work from FBI headquarters. “In the past, two SFPD officers, paid with San Francisco tax dollars, physically worked in the FBI’s office in a secure room where you can only go if you have security clearance. But they still can’t spy without reasonable suspicion, and they also need audits.”

Crew and Dubal said that in a recent meeting, SFPD officials assured them that local police were following General Order 8.10, but that they are open to creating an MOU addendum to clarify this.

Crew and Dubal remain unsure if the FBI would be agreeable to signing off on that. They note that the FBI has previously stated that its JTTF has sensitive investigations going on so it can’t give the public all the information. “Fine, but the issue is, Are these investigations based on suspicion, or are they based on religious background, associations, ethnicity, and travel patterns?” Dubal said.

They also doubt that the MOU would even have surfaced if not for comments that then SFPD Chief Gascón made, first in October 2009, then in March 2010, that triggered an uproar in the local Muslim, Arab, and Pakistani and Afghani communities.

At the time, Gascón, who has a law degree and graduated from the FBI Academy, had just landed in San Francisco fresh from a stint as police chief for Meza, Ariz., where he drew praise for speaking out against Maricopa County Sheriff Joe Arpaio’s inhumane treatment of undocumented immigrants Given this seemingly progressive stance, Gascón shocked civil libertarians in San Francisco when he said he wanted to unearth SFPD’s intelligence unit, which was disbanded amid scandal in the early 1990s.

“We have to realize that in the post-9/11 world, San Francisco is an iconic city, like New York, Washington. and Los Angeles,” Gascón said. “If somebody wanted to make a big statement about something they disliked about America, doing it here would definitely get attention. We need to know what is going on under the surface of the city.”

But Gascón did not say how a revived police spy unit, which had been shut down in large part due to Crew’s work, would operate. And six months later, he upset Bay Area Muslims during a March 2010 breakfast by reportedly saying that the Hall of Justice building was not just susceptible to earthquakes, but also to an attack by members of the city’s Middle Eastern community who could park a van in front of it and blow it up.

Gascón subsequently claimed that he “never referred to Middle Easterners or Arab Americans,” but that he had instead singled out the Afghanistan and Yemen communities because they pose “potential terrorism risks”

“In light of Gascón’s comments and his desire to resurrect the intelligence unit, people were asking, ‘Is it possible that the SFPD is also doing the same thing?'” Dubal asked, noting that she started getting complaints in 2009 and throughout 2010 about the FBI.

“Folks were saying that the FBI was asking about their religious identity, their family situation, and their political activities,” she recalled. “I certainly saw an upswing in innocent people being contacted. People were saying, ‘What the hell? — the FBI knocked on my door at 5 a.m.'”

 

COMMUNITIES UNDER SIEGE

A 2011 Human Rights Commission report documents frequent complaints from Arab, Muslim, and South Asian communities facing racial and religious profiling while traveling and unwaraanted interrogation, surveillance, and infiltration by local and federal law enforcement personnel at their homes, places of worship, and workplaces.

The report recommended asking the supervisors and the Police Commission to “ensure that all SFPD officers, including those deputized to the Joint Terrorism Task Force, follow and comply with local and state privacy laws, including DGO 8.10.”

On April 5, the Board of Supervisors voted 10-0 to approve a resolution, sponsored by Sup. Ross Mirkarimi and cosponsored by Sups David Chiu, Eric Mar, David Campos, and John Avalos, to endorse the HRC report.

All this is happening against the backdrop of FBI guidelines that have been loosened twice since September 2011, first by U.S. Attorney General John Ashcroft in the wake of the 9/11 terrorist attacks, then by Attorney General Michael Mukasey in the dying days of the Bush administration, and now by the Obama administration.

And as The New York Times reported in March, records obtained through a Freedom of Information Act request show that between Dec. 2008 and March 2009, the FBI began 11,667 assessments of people and groups for criminal/terror links, completed 8,605 assessments, and launched more than 400 intensive investigations based on the assessments. The FBI also told the Times that agents continue to open assessments at about the same pace

Crew noted that Mukasey’s guidelines marked the first time since 1976 that the FBI has been allowed to do assessments and collect files without a suspicion that a crime has occurred.

Dubal observed that the most relevant documents to emerge from a recent FOIA request to determine if the FBI has engaged in disturbing intelligence gathering activities are those related to “geomapping.”

“The materials are not particular to Northern California, but they show how FBI maps communities based in ethnic concentrations,” Dubal said.

Dubal also pointed to the case of Yasir Afifi, an Egyptian American student from Santa Clara, who found an FBI tracking device on his car when he took it in for an oil change. In March 2011, CAIR filed suit in Washington, D.C., alleging that the FBI violated Afifi’s First, Fourth, and Fifth Amendment rights by failing to obtain a warrant.

DeJesus recently told the Guardian that the Police Commission was never made aware of the MOU’s existence. “The chief should have checked in with the commission president, at the very least,” she said. “The idea that they were not reporting this to anyone is disconcerting.”

“The SFPD does not have the authority to enter into a secret agreement with the FBI whereby some of its officers are allowed to conduct intelligence operations in violation of the Police Commission’s General Order 8.10,” Crew added.

In a Jan. 25 letter to Mahoney, representatives from the ACLU and the ALC noted that “in the past, the SFPD had not previously deferred to the FBI on whether or how to openly address how San Francisco police officers will be supervised and held to well-established and painstakingly and collaboratively crafted San Francisco general orders.”

“These are low-level investigations that require no criminal predicate, meaning that when initiating an assessment, FBI agents can conduct intrusive forms of investigation without any criminal suspicion,” Dubal said. “These include interviewing innocent Americans, infiltrating organizations, using open source data to spy and surveil, going into religious centers such as mosques to spy and surveil, and recruiting and using informants.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mayor derails hearing on nightclub crackdown

3

Will entering a large nightclub in San Francisco be akin to a TSA pat down? We won’t know for a while, as the proposal for heightened security measures by San Francisco Police has caught the interest of Mayor Ed Lee and further discussion has been stalled pending his analysis.

A hearing last night (Tues/12) at the Entertainment Commission proved to be a disappointment for the dozens of people who attended in hopes of getting closure on the hotly contested proposal, which has drawn criticism for its infringement on freedom and privacy and burdensome cost to club owners, as well as being the latest battle in San Francisco’s War on Fun.

“We need to protect our events,” said Liam Shy of the organization Save the Rave, a coalition of people dedicated to keeping electronic dance parties alive. “They are in a state of crisis right now, and this would make it much worse.”

Shy and fellow Save the Rave member Matt Kaftor saw the mayor’s interest in the issue was a good indication that community dissent has been heard.

“I would be truly shocked if this passed,” said Kaftor. “If it does, we will be protesting constantly.”

The proposal would require all venues with an occupancy of 100 or more people to record the faces of all patrons and employees and scan their IDs for storage in a database, which would be available to law enforcement on request for at least two weeks. Metal detectors, security cameras and brighter lights in the venues would also be required. The proposal was created in response to recent violence in and around nightclubs, most notably the shooting outside Suede in Fisherman’s Wharf last year that resulted in the closing of the club.

However, critics say this is an overreaction that unfairly targets events as sources of violence.

“What I keep getting from measures like this is that police work is hard,” said SF resident Jonathan Duggan. “But instead of doing their hard work, they are just creating another avenue for privacy invasion that shifts the responsibility to everyone else.”

Although the main target is nightclubs, many events in San Francisco would be affected. Events with strong cultural, ideological, and political components are frequently held at venues that would be affected by these rules.

Eva Galperin of the Electronic Frontier Foundation showed up last night prepared to give the commission a piece of her mind. She shared a letter with us outlining her concerns, which listed the support of many other civil liberty and privacy protection groups such as the Bill of Rights Defense Committee.

“The city of San Francisco has a long history of political activism and cultural diversity which would be profoundly threatened by this proposed rule,” Galperin wrote. “Scanning the IDs of all attendees at an anti-war rally, a gay night club, or a fundraiser for a civil liberties organization would result in a deeply chilling effect on speech…This would transform the politically and culturally tolerant environment for which San Francisco is famous into a police state.”

District 8 Supervisor Scott Weiner, who has been instrumental in the effort to keep events in San Francisco alive, told us that he does not support the proposal. His resolution to protect events passed the Board of Supervisors on March 29 and focuses on collaboration between city agencies and nightclub owners to combat violence rather than simply cracking down on entertainment venues.

 “It’s one thing for a large club with a history of problems to receive those kinds of exceptional security measures, but for the majority of clubs, it strikes me as overkill as well as invasion of privacy,” Weiner told us.

Jocelyn Kane, executive director of the Entertainment Commission, could not give any indication as to when another hearing would be or what prompted the mayor’s decision.  Neither she nor the mayor’s office could elaborate on whether the mayor has problems with the proposal or is simply responding to the public outrage.

Proposed SFPD crackdown on clubs gets a hearing

9

A draconian proposal by the San Francisco Police Department to require all visitors to nightclubs in the city to scan their identity cards into a database and go through metal detectors while being filmed by security cameras will be held tomorrow night (Tues/12) by the Entertainment Commission, but an expanding coalition of opponents are rallying against it.

As we reported in December, club owners and nightlife defenders (including the California Music and Culture Association) overwhelmingly oppose the plan, which the American Civil Liberties Union says raises constitutional invasion of privacy issues. In addition, a new coalition of young people called Save the Rave – which turned out hundreds of people for a recent commission hearing on a proposed crackdown on dance parties – is also organizing against the new restrictions.

Police representatives have told us that the proposal stems from concerns about violence in and around nightclubs, that the provisions would allow police to more easily identify suspects when crimes occur, and that police should be trusted not to exploit the data that they’re collecting.

But critics of the legislation call it a gross overreaction to a handful of incidents that have happened around nightclubs and they say the SFPD has shown unreasonable bias against one of the city’s biggest industries. Sup. Scott Wiener recently asked city staff to prepare a study of the economic impact of nightlife in order to defend clubs against crackdowns like this.

The proposal would also require clubs to have one security guard for every 50 patrons, which club owners say would be an economic hardship for an industry opening on thin margins of profitability. The hearing begins at 6:30 pm in City Hall Room 400.

Ammiano says support is growing for TRUST Act

5

Assemblymember Tom Ammiano says that statewide support is building for AB 1081 (the TRUST Act), which would give local governments the right to opt-out of the controversial Secure Communities program.

As the Guardian previously reported, ten months after ICE’s controversial S-Comm program was activated in San Francisco, our “sanctuary city” ranks among the top 38 counties nationwide deporting “non-criminal aliens.”

“Unlikely allies are lining up behind this bill because ICE misled the public about S-Comm, whose real focus is more spin than safety,” Ammiano said in a press release today. “In fact, seven in ten Californians deported under S-Comm had committed no crime or were picked up for minor offenses like traffic violations. The program is ruining trust between immigrant communities and the police. But here in California, we can do better. This bill is a practical solution that lets local governments have a say and restores some balance to this dysfunctional system.”

Joining Ammiano as co-sponsors of the TRUST (Transparency and Responsibility Using State Tools) Act are Assemblymembers Gil Cedillo and Bill Monning and Sen. Leland Yee. And the act, which is billed as a pro-safety and pro-transparency proposal, already has the support of over 50 organizations and a slew of elected local officials.

These officials include San Francisco Sheriff Mike Hennessey who blew the whistle on the program last May, when federal authorities privately told local law enforcement agencies that S-Comm was going live in San Francisco in June 2010. At the time, there had been no public hearings on the proposed program, which links fingerprints taken when folks are booked at county jails with federal and international databases—in other words, before folks charged with crimes have had their day in court.

A press release from Ammiano’ s office states that S-Comm’s “misleading focus, over-broad reach and lack of transparency” has eroded trust between police and immigrant communities and sparked considerable open government concerns —problems the TRUST Act aims to fix.

In addition to allowing municipalities to opt-out, the TRUST Act would also sets basic safeguards for local governments that participate in the program to guard against racial profiling, protect the rights of children and domestic violence survivors. And it would uphold the right to a day in court by only reporting for deportation individuals convicted, not merely accused, of crimes. 

“Under S-Comm, a desperate call for help can quickly turn into a nightmare situation for victims of domestic violence,” said Tara Shabazz, Executive Director of the California Partnership to End Domestic Violence. “We’ve seen victims of abuse reported for deportation from San Francisco to Lodi, California. This bill will protect abuse victims and remove an important barrier to reaching out for help, and we are proud to support it.”

Ammiano’s office says that these serious public safety and civil liberties concerns have pushed local governments to seek a way out of the program, imposed on communities with no transparency or opportunity for local oversight. They note that the Santa Clara Board of Supervisors unanimously requested to opt out of S-Comm program in September 2010, but after months of confusion, ICE refused to honor the county’s request.

“The Federal Government forced this program on my jail without my consent,” SF Sheriff Michael Hennessey said. “By allowing local governments to opt out of this flawed program, AB 1081 will help law enforcement win back some trust with immigrant communities. That, in turn, will help improve public safety for everyone.” 

 “The TRUST Act raises this unregulated and inaccurate program to California’s standards and ensures transparency and accountability through clear data reporting requirements for local jurisdictions opting to participate in S-Comm,” said Chris Newman, National Day Laborer Organizing Network’s legal director.
 AB 1081 will be heard in the Assembly Committee on Public Safety on Tuesday, April 26 at 9 a.m. in State Capitol Room 126.

Tasers vs. talk

1

rebeccab@sfbg.com

At a Feb. 23 Police Commission hearing, San Francisco interim Police Chief Jeff Godown told the civilian oversight board he wanted to investigate Tasers as a less-lethal weapon for San Francisco Police Department (SFPD) officers. Speaking to a room crammed full of community advocates who had turned out to rail against the idea, Godown seemed to try to preemptively address a concern that opponents were sure to raise during public comment.

“This is not about mental illness,” the chief said. Along with police commissioners who favored the Taser proposal, Godown drove that point home several more times throughout the evening, stressing that Tasers were not being sought as a law enforcement tool for dealing with violent, mentally ill individuals. Nevertheless, he said situations could potentially arise in which the stun guns would be used against the mentally ill, if officers were authorized to carry the devices.

At the end of a marathon meeting, SFPD won approval to spend 90 days investigating Tasers and other less-lethal weapons as possible additions to the police arsenal, which now includes pepper spray and batons as well as firearms. Advocates raised concerns ranging from misuse of the devices to accidental deaths caused by Tasers to documented overuse of the weapons in communities of color. The SFPD, meanwhile, emphasized that it saw Tasers as a way to improve officer safety while limiting the use of lethal force.

 

SHOOTING THE MENTALLY ILL

Throughout the discussion, concern about the use of Tasers as a tool against the mentally ill persisted despite the chief’s assurances. “Like it or not, these issues are intertwined,” said American Civil Liberties Union (ACLU) Police Practices Director Allen Hopper. He referenced comments made by former Police Chief George Gascón, who now serves as district attorney.

On Jan. 4, SFPD officers fired twice at Randal Dunklin, a wheelchair-bound, mentally ill man who was brandishing a knife outside the city’s Department of Public Health building. Dunklin allegedly stabbed an officer and suffered a nonfatal gunshot wound to the groin after he had tossed the knife. In press comments delivered in the aftermath, Gascón said the situation illustrated why the SFPD ought to carry Tasers.

“Not only was that not an appropriate circumstance for the use of a Taser, there were so many things wrong with the way police handled that situation,” Hopper said, referencing a YouTube video of the shooting that served to highlight key differences between the official police account and the events caught on tape.

Dunklin was the third person in recent months to be shot in an altercation with officers. Vinh Bui, who was 46, was fatally shot in Visitacion Valley in late December 2010. Michael Lee, who was 43, was fatally shot in a residential hotel in the Tenderloin a few months earlier. Both had a history of mental illness.

Police Commissioner Angela Chan told the Guardian that in light of these tragedies, she became concerned that the first commission meeting of the year initially featured a discussion about Tasers.

“I thought, this does not make any sense,” Chan said, because commissioners hadn’t yet looked at creating a specialized police unit for dealing with psychiatric crisis calls, a move she’d urged the department to consider. The commission schedule was rearranged to reflect her concern, and Chan rushed to book experts for a detailed presentation about crisis intervention training (CIT). In a unanimous vote at the Feb. 9 meeting, the police commission approved implementation of CIT.

The specialized policing technique is patterned after the so-called Memphis model, which originated in Tennessee in 1988 in the wake of a public outcry that arose when white officers gunned down an African American man with a history of mental illness.

Memphis model policing emphasizes de-escalation, which is quite different from the everyday command-and-control method cops are trained to use against suspects. Under this model, officers are taught to consider things such as the tone of voice they are using to communicate with the mentally ill person, the distance they are standing from them, and how the individual might respond to their behavior. Whenever it’s safe to do so, officers are encouraged to allow the mentally ill person the time they need to calm down.

Samara Marion, an attorney and policy analyst with the Office of Citizen Complaints, traveled to Memphis to witness CIT officers on duty. “I was absolutely impressed,” Marion said. “It is community policing at its best.”

CIT has been credited with a dramatic reduction in officer-involved shootings against the mentally ill in Memphis. Randolph Dupont, a clinical psychologist and professor at the Memphis-based School of Urban Affairs and Public Policy, told the Guardian that studies had shown mentally ill people who dealt with CIT officers were more likely to be in treatment three months later than those arrested by non-CIT officers. “Mental health is a community issue,” he said. “You don’t want it to be a police issue to resolve.”

In San Francisco, the program envisions training about 20 percent of the police force to create an elite unit of CIT officers, selecting those who are more experienced and have better track records in dealing with the public. Once in place, 911 dispatchers would alert CIT when SFPD receives calls involving psychiatric crises. On arriving to the scene, a CIT officer would be responsible for taking charge of the situation and directing other officers.

This is the second time an attempt was made to move forward with crisis intervention in San Francisco. In 2001, the department implemented generalized crisis training to all officers instead of intensive training for a specialized unit. However, that low-level effort was canceled last year due to budget cuts.

While CIT won resounding support from the community, the Feb. 23 discussion about Tasers drew tremendous opposition, with around 50 advocates speaking out against the plan. Hopper’s criticism, echoed by several mental-health providers, was that SFPD’s campaign for Tasers sent a mixed message and threatened to overshadow the CIT effort by seeking a quick fix based on a tool instead of a tactic. And rather than moving toward the goal of de-escalation set by CIT, Hopper said, the use of Tasers could exacerbate a situation instead, making it more dangerous for everyone involved.

“The Police Department — we think to its credit — has recognized that [addressing] mental health issues is a departmental priority,” Hopper said. “We think it’s putting the cart before the horse to give police Tasers before they put that plan into effect.”

A mental-health advocate who said she is “living the Kafkaesque world of a family dealing with mental illness” urged the commission to hold off on talking about Tasers until after CIT had been implemented, saying the two were closely connected.

“If you vote to purchase Tasers, you’re undercutting the message that they need to learn de-escalation,” another mental-health advocate noted.

Yet Marion said she thought adequate time was being allotted to study less-lethal weapons, and did not think this would undercut the CIT effort. “As long as the department continues to be motivated and engaged, I don’t see it being a problem,” she said.

Chan told the Guardian that the day after the Feb. 23 commission hearing, Godown phoned her to say he remained committed to CIT. Although she voted to allow police to move forward with investigating Tasers, Chan said her final support would depend on the success of CIT.

“If CIT is not doing well … I am going to be strongly opposed to any adoption of any pilot program,” Chan said. “I do prioritize one above the other.”

 

DEATH BY TASER?

A Taser is an electroshock weapon that can administer 50,000 volts through two small probes, disrupting the central nervous system and bringing on neuromuscular incapacitation.

While Taser proponent Chuck Wexler, a researcher who spoke at the hearing, emphasized that Tasers “are for saving lives,” studies have shown that the risk of death or serious injury increases under certain circumstances. Someone who is Tasered while fleeing police can suffer serious injuries if they can’t break their fall. There are dangerous implications for people whose heart rate is accelerated due to cocaine or methamphetamine, and as the Memphis Police Department learned many years ago, Tasers don’t mix with flammable substances, like an alcohol-based pepper spray that has since been discontinued.

“Lots of times it’s not about the product itself, it’s about … risk factors,” said Maj. Sam Cochran, who worked with Dupont in Memphis to create CIT. “Under some circumstances, things can happen very fast.”

Safety concerns are heightened when it comes to the mentally ill. It’s common for people experiencing psychiatric episodes to behave violently, speak incoherently, and ignore commands, creating the kind of scenario where law enforcement would likely opt to deploy a Taser. According to an extensive research inquiry on Tasers published by the Braidwood Commission on Conducted Energy Weapon Use, Tasers can be especially dangerous when used against people who are delirious.

“First responders should be aware of the medical risks associated with physically restraining a delirious subject or deploying a conducted energy weapon against them,” according to Dr. Shaohua Lu, who is quoted in the study. “They likely have profound exhaustion and electrolyte changes before delirium kicks in. At that stage, any additional insult (e.g., struggling or fighting) can lead to the body just giving out, resulting in cardiac arrest and death.”

Since 2004, when the city of San Jose first equipped officers with Tasers, seven people have died following police Taser deployments. At least one was mentally ill.

MaryKate Connor, a mental-health provider who founded the now-defunct Caduceus Outreach Services, told the Guardian she didn’t think the police officers could separate the issues of less-lethal weapons and tactics for handling the mentally ill. “The promise of the CIT program, whether the police want to acknowledge it or not, is that this is a huge cultural shift,” she said. “It’s not about finding a new weapon. It’s about finding a less lethal way to respond, period.”

Joyce Hicks, director of the Office of Citizen Complaints, sounded a similar note during the hearing. “No weapon can substitute for sound tactics,” Hicks said.

Taser proposal will move forward

Following a hearing at the San Francisco Police Commission that stretched late into the night, the seven-member panel voted 6 to 1 to authorize the San Francisco Police Department to develop a proposal for implementing Tasers or other less-lethal weapons.

Representatives from immigrant advocacy groups, communities of color, queer and transgender communities, mental-health professional organizations, and civil-rights watchdog groups turned out en masse to voice opposition to the plan. Out of around 50 speakers, just one spoke in favor of adopting Tasers.

As the discussion wore on, commissioners revised the resolution again and again. Interim Police Chief Jeff Godown had initially requested permission to draft a proposal in 30 days; it was extended to 90. Instead of researching the feasibility of Tasers alone, commissioners said the SFPD should look into other less-lethal weapons as possible alternatives. Another amendment prioritized outreach to marginalized communities.

Commissioner Petra DeJesus cast the lone vote of dissent, saying, “No matter how you dress it up, it’s a soft-pitch way to authorize Tasers.” DeJesus voiced concerns about how the departmental budget would be impacted. She also noted, “They’re being used more in the minority community, and that’s the community we’re trying to build trust with.”

Commissioner Angela Chan invited a series of guests to testify about concerns surrounding Tasers. Among them was Attorney John Burris, who has sued police departments over misuse of Tasers; a University of California Berkeley professor who gave a detailed presentation about Tasers and cardiac arrest; and Allen Hopper of the American Civil Liberties Union, who presented a video clip showing outrageous instances of Taser use. At the end of the night, however, Chan was persuaded to go along with the proposal.

Chan later told the Guardian that she supported the resolution because the timeline had been lengthened, which allowed for greater community outreach, and because the discussion had been broadened to include discussion about less-lethal weapons other than Tasers. Also, Chan noted that her suggestion for the force to review their use-of-force tactics as part of moving forward with the program was integrated into the resolution.

Several members of the San Francisco police force told horror stories about situations in which they said they could have used Tasers. A Mission Station officer suffered an attack by a Nortenos gang member in Garfield Park, and feared for his life until backup arrived. A Tenderloin Station officer was thrown into a store window after responding to a call about a trespasser. Just before it happened, “I was reaching for my firearm, and I was going to shoot him,” the officer said.

During the hearing, Chief Godown asked all SFPD officers to stand. He announced, “Everybody that’s in this room are my kids. I’m passionate about making sure they don’t get hurt.” Following a role-playing scenario in which a person waved a knife at an officer, Godown said that without a Taser, “That officer would have had no other option but to shoot that man.”

Equally disturbing, however, were stories about Taser deployments gone wrong. There was the petite African American woman who was at a drugstore buying candy when police attacked and Tasered her because they mistook her for a shoplifter. There was the Virginia couple that was hosting a backyard baptism celebration when police responded to a noise complaint and Tasered them both; the woman was pregnant, and could have suffered a miscarriage due to the electric charge. There was the 17-year-old grocery store clerk who suffered a heart attack and died after police Tasered him — the whole thing started with his employer’s complaint that he was eating a hot pocket he didn’t pay for. Then there was the man who was Tasered during a traffic stop by cops who thought he was drunk. In reality, he was in diabetic shock.

Mayor Ed Lee’s Deputy Chief of Staff, Cristine DeBerry, made an appearance to say Lee was in support of the department’s proposal to move forward with investigating the use of Tasers.

Sheriff Mike Hennessey also offered comments, saying Tasers have been an effective tool in San Francisco jails, yet are rarely used.

Community members, meanwhile, raised a slew of concerns. They highlighted pending budget cuts and asked how these new and expensive instruments could possibly be paid for. They questioned the erosion of trust between police and the public, particularly in communities of color, where Taser use tends to be disproportionately high. Many people, particularly from the mental health community, voiced concerns about accidental deaths due to Taser use.

“I’m a great-grandma with a heart murmur,” said Terrrie Frye, “and I wonder if the police will be able to recognize that when we’re all protesting the budget cuts that will result from these Tasers.”

*This post has been updated from an earlier version.

Police Commission braces for another Taser debate

The San Francisco Police Department, police commissioners, and community advocates are gearing up for another debate about whether or not SFPD officers should carry and use Tasers. The hearing will be held at tomorrow’s Feb. 23 police commission meeting.

Interim Police Chief Jeff Godown — carrying forward a plan that originated with his predecessor, former police chief George Gascon — called for a hearing on the Taser proposal, according to a Police Commission spokesperson. If it wins approval, the SFPD will begin conducting research to develop training and policy guidelines for the SFPD to implement Tasers. The issue has ignited fierce debate in the past, and resistance is likely to be revived on this go-round.

Last year, the commission rejected Gascon’s proposal to add Tasers to police officers’ use-of-force options. Now, Commissioner Angela Chan, who was appointed last year by the San Francisco Board of Supervisors after the proposal had been defeated, is emerging as a voice of dissent.

Chan submitted a handful of reports published by American Civil Liberties Union (ACLU), Amnesty International, and other sources critical of Tasers for commissioners to review prior to the meeting. She’s also preparing a 45-minute presentation highlighting concerns about the weapons.

The SFPD will give its own 45-minute presentation to try and convince commissioners that it should be allowed to move forward with the plan this time. “It’s another tool for officers to use when encountering violent persons,” noted Sgt. Mike Andraychak, a police spokesperson.

Andraychak said it was too soon to provide any details about whether the Taser proposal would take the form of a pilot program, or be implemented all at once. He did not have specific information about how training would be developed, how the department planned to solicit input from various communities, or how long the department expected to be working on a draft policy if the police commission granted approval. Chak did note that if the SFPD moves forward, it may host town hall meetings about Tasers.

The Feb. 23 police commission meeting is likely to bring vociferous community opposition. The Coalition on Homelessness (COH) and a number of other community-based organizations are encouraging people to attend the meeting and speak during public comment.

In a letter submitted to the police commission, Asian and Southeast Asian Societies, Causa Justa (Just Cause), The Harvey Milk LGBT Democratic Club, COH, and other community advocates point out that Tasers have been declared a form of torture by a UN torture panel, and cite a University of Calfornia San Francisco study finding that police shootings more than doubled in the first full year of Taser implementation.

The community organizations also pointed out that Tasers are manufactured in Scottsdale, Ariz. — and San Francisco is still boycotting Arizona for enacting SB 1070, a bill that has drawn widespread criticism for encouraging racial profiling. Meanwhile, in a lean budget year, the cost of implementing Tasers is estimated at around $2 million, according to the letter.

Despite being turned down last time, the department has revived its Taser proposal in the wake of two officer-involved shootings early this year, including one that struck a mentally ill, wheelchair-bound man who was brandishing a knife. That case came under scrutiny after it was caught on a phone camera and posted to YouTube.

Following that incident, Gascon suggested that the outcome may have been different if officers had the option of deploying Tasers.

Yet Allen Hopper, police practices director at the ACLU, questions the idea that deploying a Taser would have been the correct response in that circumstance — especially in light of a recent Police Commission vote to strengthen SFPD practices when encountering people with mental illness. The Commission recently directed the SFPD to establish a Crisis Intervention Team (CIT), based on a policing model that emphasizes deescalation. Yet Hopper says deploying a Taser would achieve just the opposite.

“We think it’s putting the cart before the horse to give the police Tasers before they put that plan into effect,” Hopper said. People with mental-health problems, he added, are more likely to be on strong medication, or prone to excited emotional states and rapid heart rates — all of which could place them at a higher risk for serious injury or even death if struck with a Taser.

Counted among a class of weapons called conducted energy devices, Tasers deliver a painful electric jolt when deployed, temporarily immobilizing a subject by disrupting the central nervous system and causing involuntary muscle contractions. While they tend to be hailed by law enforcement as non-lethal alternatives to firearms, human-rights organizations have criticized Tasers because accidental deaths have been linked to their use. According to a report by Amnesty International, more than 330 people were reported to have died in the last decade after being struck by police Tasers. While not all of those deaths were directly attributed to the Tasers in coroners’ reports, many of the people who died were found to be in “excited states of delirium” or under the influence of illegal drugs or prescription medications when they were Tasered.

Why I may run for Congress

12

OPINION One of the most inspiring political leaders in recent decades, Sen. Paul Wellstone (D-Minn.), famously declared: “I represent the democratic wing of the Democratic Party.” Today we need progressives in Congress who will represent the progressive wing of the Progressive Caucus.

That’s the largest caucus on Capitol Hill — but having 80 members on the roster won’t do much good if many cave under pressure.

For 18 years, the North Bay has been represented in Congress by Rep. Lynn Woolsey. Her strong antiwar voice and very progressive voting record have endeared her to a lot of constituents. Now she’s publicly saying that she may choose to retire instead of seeking reelection.

This week, after decades of working for progressive social change, I’m announcing a federal exploratory committee for Congress (www.NormanSolomonExploratory.com). If Rep. Woolsey doesn’t run in 2012, I will.

Across the country, alarm is rising as corporate power escalates at the intersection of Wall Street and Pennsylvania Avenue. An egregious factor is the deference to such power from some elected officials who rely on a progressive base for votes but shrug off tangible accountability to that base.

Dysfunctional relationships between liberals in Congress and progressive social movements serve as enablers for endless war, massive giveaways to Wall Street, widening gaps between the rich and the rest of us, erosion of civil liberties, outrageous inaction on global warming, and so much more.

Back in congressional districts, the only way to beat corporate Astroturf is with genuine grassroots activism — committed to creating a very different kind of future for the next generations.

At a time when high unemployment is becoming more protracted in tandem with a gargantuan warfare state, we’re in the midst of what Martin Luther King Jr. called “the madness of militarism.”

So-called moderates are adept at fine-tuning rather than challenging a destructive status quo. But there’s nothing moderate about helping to fuel the engines of social inequity, eco-disaster and perpetual war.

Eight decades ago, much of the U.S. press was hostile to a new president named Franklin D. Roosevelt, and many of his political enemies called him a dangerous radical. But there was — and is — nothing unduly radical about supporting economic fairness and social justice.

Before the end of his first term, FDR denounced “the economic royalists.” He said: “They are unanimous in their hate for me — and I welcome their hatred.” He did not say, “They hate me — and I want them to like me.”

Today, big money and mega-media power are dominant; yet progressives who are principled, determined, and methodical can prevail in a big way. That’s what happened last year when activists defeated PG&E’s monopolistic Proposition 16 despite being outspent by more than 400 to 1.

Living in the North Bay for more than a dozen years, I’ve often been moved by the extent of local progressive passions. Antiwar, environmental, and social justice outlooks are widespread — and deserve forthright representation in Congress.

Paul Wellstone was vitally correct when he said: “In the last analysis, politics is not predictions and politics is not observations. Politics is what we do. Politics is what we do, politics is what we create, by what we work for, by what we hope for, and what we dare to imagine.”

 

Norman Solomon is national co-chair of the Healthcare Not Warfare campaign, launched by Progressive Democrats of America. His books include War Made Easy: How Presidents and Pundits Keep Spinning Us to Death. For more information go to www.NormanSolomonExploratory.com.

SF’s new political era

31

news@sfbg.com

You can argue about what the word “progressive” means, and you can argue about the process and the politics that put Ed Lee in the Mayor’s Office. And you can talk forever about which group or faction has how much of a majority on the San Francisco Board of Supervisors, but you have to admit: this city has just undergone a significant political realignment.

Some of that was inevitable. The last members of the class of 2000, the supervisors who were elected in a rebellion against the sleaze, corruption, and runaway development policies of the Willie Brown administration, have left office. Gavin Newsom, the mayor who was often at war with the board and who encouraged a spirit of rancor and partisanship, is finally off to Sacramento. For the first time since 1978, the supervisors will be working with a mayor they chose themselves.

For much of the past 15 years, progressive politics was as much about stopping bad things — preventing Brown and then Newsom from wrecking the city — as it was about promoting good things. But the “politics of anti,” as San Francisco State political scientist Rich DeLeon describes is, wasn’t a central theme in the November elections, and this generation of supervisors comes into office with a different agenda.

Besides, one of the clear divisions on the board the past seven years was the Newsom allies against the progressives — something that dissipated instantly when Lee took over.

But the realignment goes deeper.

Until recently, the progressives on the board had a working majority — a caucus, so to speak — and they tended to vote together much of the time. The lines on the board were drawn almost entirely by what Newsom disparagingly calls ideology but could more accurately be described as a shared set of political values, a shared urban agenda.

There are still six supervisors who call themselves progressives, but the idea that they’ll stick together was shattered in the battle over a new mayor — and the notion that there’s anything like a progressive caucus died with Board President David Chiu’s election (his majority came in part from the conservative side, with three progressives opposing him) and with Chiu’s new committee assignments, which for the first time in a decade put control of key assignments in the hands of the fiscal conservatives.

 

A PROGRESSIVE MAJORITY?

The progressive bloc on the board was never monolithic. There were always disagreements and fractures. And, thanks to the Brown Act, the progressives don’t actually meet outside of the formal board sessions. But it was fair and accurate to say that, most of the time, the six members of the board majority functioned almost as a political party, working together on issues and counting on each other for key votes. There was, for example, a dispute two years ago over the board presidency — but in the end, Chiu was elected with exactly six votes, all from the progressive majority that came together in the end.

That all started to fall apart the minute the board was faced with the prospect of choosing a new mayor. For one thing, the progressives couldn’t agree on a strategy — should they look for someone who would seek reelection in November, or try to find an acceptable interim mayor? The rules that barred supervisors from voting for themselves made it more tricky; six votes were not enough to elect any of the existing members. And, not surprisingly, some of the progressives had mayoral ambitions themselves.

When state Assemblymember Tom Ammiano — who would have had six votes easily — took himself out of the running, there was no other obvious progressive candidate. And with no other obvious candidate, and little opportunity for open discussion, the progressives couldn’t come to an agreement.

But by the Jan. 4 board meeting, five of the six had coalesced around Sheriff Mike Hennessey. Chiu, however, was supporting Ed Lee, someone he had known and worked with in the Asian community and whom he considered a progressive candidate. And once it became clear that Lee was headed toward victory, Sup. Eric Mar announced that he, too, would be in Lee’s camp.

A few days later, when the new board convened to choose a president, the progressive solidarity was gone. Sups. David Campos, John Avalos, and Ross Mirkarimi, now the solid left wing of the board, voted for Avalos. Chiu won with the support of Mar, Sup. Jane Kim, and the moderate-to-conservative flank.

Now the Budget Committee — long controlled by a progressive chair and a progressive majority — will be led by Carmen Chu, who is among the most fiscally conservative board members. The Land Use and Development Committee will be chaired by Mar, but two of the three members are from the moderate side. Same goes for Rules, where Sup. Sean Elsbernd, for years the most conservative board member, will work with ideological ally Sup. Mark Farrell on confirming mayoral appointments, redrawing supervisorial districts, and promoting or blocking charter amendments as Kim, the chair, does her best to contain the damage.

You can argue that having independent-minded supervisors who don’t vote as a caucus is a good thing. You can also argue that a fractured left will never win against a united downtown. And both arguments have merit.

But you can’t argue any more that the board has the same sort of progressive majority it’s had for the past 10 years. That’s over. It’s a new — and different — political era.

What happens now? Will the progressives hold enough votes to have an influence on the city budget (and ensure that the deficit solutions include new revenue and not just cuts)? What legislative priorities will the supervisors be pushing in the next year? How will the votes shake out on difficult new proposals (and ongoing issues like community choice aggregation)?

Mayor Lee has pledged to work with the board and will show up for monthly questions. How will he respond to the sorts of progressive legislation — like tenant protections, transit-first policies, immigrant rights measures, and stronger affordable housing standards — that Newsom routinely vetoed?

How will this all play out in a year when the city will also be electing a new mayor?

 

IDENTITY POLITICS?

When Sups. Chiu, Mar, and Kim broke with their three progressive colleagues to support Chiu for board president — just as Chiu and Mar helped clear the path for Ed Lee to become mayor days earlier — it seemed to many political observers that identity had trumped ideology on the board. There’s some truth to that observation, but it’s too simple an explanation. There’s also the fact that Chiu strongly supported Kim, who is a personal friend and former roommate, in her election, so it’s no surprise she went with him for board president.

And the phrase itself is so laden with baggage and problems that it’s hard to talk about. It has come to signify a wide range of political activity and theorizing founded in the shared experiences of injustice of members of certain social groups. “Rather than organizing solely around belief systems, programmatic manifestoes, or party affiliation, identity political formations typically aim to secure the political freedom of a specific constituency marginalized within its larger context,” says the Stanford Encyclopedia of Philosophy, an ongoing research project by the students and faculty at Stanford University.

Although the notion of identity politics took hold during the social movements of the 1960s and ’70s — when liberation and organizing movements among women and various ethic and other identity groups fed a larger liberal democratic surge that targeted war, economic inequity, social injustice, and other issues — it’s also a political approach that has divided the populace.

“One of the central charges against identity politics by liberals, among others, has been its alleged reliance on notions of sameness to justify political mobilization,” says the Stanford Encyclopedia. “Looking for people who are like you rather than who share your political values as allies runs the risk of sidelining critical political analysis of complex social locations and ghettoizing members of social groups as the only persons capable of making or understanding claims to justice.”

Mar explains that the reality of identity politics and whether it’s a factor in the current politics at City Hall is far more complex.

“With me, David Chiu, and Jane Kim as a block of three progressive Asians — and I still define David Chiu as a progressive though I think some are questioning that — we all come out of what I would call a pro-housing justice, transit-first, and environmental sustainability [mindset],” Mar told us. “But I think because of our ethnic background and experiences, we may have different perspectives at times than other progressives.”

For example, Mar said, many working class families of color need to drive a car so they’ll differ from progressives who want to limit parking spaces to discourage driving. He also has reservations about the proposed congestion pricing fee and how it might affect low-income drivers.\

“I think often when progressive people of color come into office — Jane Kim might be one of the best examples — that sometimes there’s an assumption that her issues are going to be the same as a white progressive or a Latino progressive,” he said. “But I think kind of the different identities that we all have mean that we’re more complex.”

Campos, a Latino immigrant who is openly gay, noted that “as a progressive person of color, I have at times felt that the progressive movement didn’t recognize the importance of identity politics and what it means for me to have another person of color in power.”

But, he added, “I don’t think identity politics alone should guide what happens. A progressive agenda isn’t just about race but class, sexual orientation, and other things. It’s not enough to say that identity politics justifies everything.”

University of San Francisco political science professor Corey Cook told the Guardian that identity has always been a strong factor in San Francisco politics, even if it was overshadowed by the political realignment around progressive ideology that occurred in 2000, mostly as a reaction to an economic agenda based on rapid development and political cronyism.

“I’m not sure that identity wasn’t relevant, but it was swamped by ideology,” Cook told the Guardian. Now, he said, another political realignment seems to be occurring, one that downplays ideology compared to the position it has held for the last 10 years. “I’m not sure that ideology is dead. But the dynamics have definitely changed.”

Cook sees what may be a more important change reflected in Chiu’s decision to put the political moderates in control of key board committees. But he said that shift was probably inevitable given the difficulties of unifying the diverse progressive constituencies.

“It’s hard to hold a progressive coalition together, and it’s amazing that it has lasted this long,” he said.

There’s another kind of identity politics at play as well — that of native San Franciscans, who often express resentment at progressive newcomers talking about what kind of city this is, versus those who see San Francisco as a city of immigrants and ideas, a place being shaped by a wider constituency than the old-timers like to acknowledge.

“I’m honored to join Sups. Elsbernd and Cohen in representing the neighborhoods they grew up in,” Sup. Mark Farrell said during his opening remarks after being sworn in Jan. 8., sobbing when he thanked his parents for their support.

As he continued, he fed the criticism of the notion of ideology-based politics that has been a popular trope with Gavin Newsom and other fiscal conservatives in recent years, telling the crowd he wanted “to turn City Hall into a place based on issues and ideas, not ideology.”

Cohen also placed more importance on her birthright than on her political philosophy, telling stories about entering board chambers through the back door at age 16 when she was part of a youth program created by then-Mayor Frank Jordan, and with former Mayor Dianne Feinstein coming to speak at Cohen’s third-grade class. “I am a San Francisco native, and that is a responsibility I take seriously,” said Cohen, who graduated from the Emerge Program, which grooms women for political office,

“We will have another woman as president of the Board of Supervisors, and we will have a woman as mayor of San Francisco,” she added. And as the sole African American on the board, she also pledged, “I will be working to add more members of the African American community to the elected family of San Francisco.”

But what issues she plans to focus on and what values she’ll represent were unclear in her comments — as they were throughout her campaign, despite the efforts of journalists and activists to discern her political philosophy. In her public comments, her only stated goal was to build bridges between the community and City Hall and let decisions be guided by the people “not political ideologies.”

Oftentimes in recent San Francisco history, identity and ideology have worked in concert, as they did with former Sup. Harvey Milk, who broke barriers as the first openly gay elected official, but who also championed a broad progressive agenda that included tenants rights, protecting civil liberties, and creating more parks and public spaces.

Sup. Scott Wiener, shortly after being sworn into office, acknowledged the legacy of his district, which was once represented by Milk and fellow gay progressive leader Harry Britt, telling the crowd: “I’m keenly aware of the leadership that has come through this district and I have huge shoes to fill.”

Yet Wiener, a moderate, comes from a different ideological camp than Milk and Britt and he echoed the board’s new mantra of collaboration and compromise. “I will always try to find common ground. There is always common ground,” he said.

 

GETTING THINGS DONE?

Chiu is making a clear effort to break with the past, and has been critical of some progressive leaders. “I think it’s important that we do not have a small group of progressive leaders who are dictating to the rest of the progressive community what is progressive,” he said.

While he didn’t single out former Sup. Chris Daly by name, he does seem to be trying to repudiate Daly’s leadership style. “I think that while the progressive left and the progressive community leaders have had very significant accomplishments over the past 10 years, I do think that there are many times when our oppositional tactics have set us back.”

When Chiu was reelected board president, he told the crowd that “none of us were voted into office to take positions. We were voted into office to get things done.”

Some progressives were not at all happy with that comment. “I thought that was a terrible thing to say,” Avalos told the Guardian, arguing the positions that elected officials take shape the legislation that follows. As an example, he cited the positions that progressive members of Congress took in favor of the public option during the health care reform debate.

Talking about getting things done is “a sanctimonious talking point that fits well with what the Chronicle and big papers want to hear,” Avalos said. He said the Chronicle and other downtown interests are more interested in preserving the status quo and blocking progressive reforms. “It’s what they want to see not get done.”

Campos even challenged the comment publicly during the Jan. 11 board meeting when he said, “It’s important to get things done, but I don’t think getting things done is enough. We have to ask ourselves: what is it that we’re getting done? How is it that we’re getting things done? And for whom is it that we’re doing what we’re doing? Is it for the people, or the downtown corporate interests? I hope it’s not getting things done behind closed doors.”

Chiu said that, for him, getting things done is about expanding the progressive movement and consolidating its recent gains. “I think we all share a political goal. As progressives, we all share a political goal of getting things done and growing mainstream support for our shared progressive principles so that they really become the values of our entire city.”

To do that, he said, progressives are going to need to be more conciliatory and cooperative than they’ve been in the past. “I think it’s easy to slip into a more oppositional way of discussing progressive values, but I’m really pushing to move beyond that.”

The biggest single issue this spring will be the budget — and it’s hard to know exactly where the board president will draw his lines. “I have spoken to Mayor Lee about the need for open, transparent, and community-based budget processes and he’s open to that,” Chiu told us — and that alone would be a huge change. But the key progressive priority for the spring will be finding ways to avoid brutal budget cuts — and that means looking for new revenue.

When asked whether new general revenue will be a part of the budget solution, instead of Newsom’s Republican-style cuts-only approaches, Chiu was cautious. “I am open to considering revenues as part of the overall set of solutions to close the budget deficit,” he said. “I am willing to be one elected here that will try to make that argument.” But with his political clout and connections right now, he can do a lot more than be one person making an argument.

Chiu has always been open to new revenue solutions and even led the way in challenging the cuts-only approach to both the city budget and MTA budget two years in a row, only to back down in the end and cut a deal with Newsom. When asked whether things will be better this year given his closer relationship to Lee, Chiu replied, “I think things are going to be different in the coming months.”

During the board’s Jan. 7 deliberation on Lee, Sup. Eric Mar also said that based on his communications with Lee, Mar believed that the Mayor’s Office is open to supporting new revenue measures. He echoed the point later to us.

In addition to supporting the open, inclusive budget process, Mar called for “a humane budget that protects the safety net and services to the most vulnerable people in San Francisco is kind of the critical, top priority.

“I think it’s going to be difficult working with the different forces in the budget process,” he added. “That’s why I wish it could have been a progressive who was chairing the budget process.”

Mar said progressive activism on the budget process is needed now more than ever. “The Budget Justice Coalition from last year I think has to be reenergized so that so many groups are not competing for their own piece of the pie, but that it’s more of a for-all, share-the-pain budget with as many people communicating from outside as possible, putting the pressure on the mayor and the board to make sure that the critical safety net’s protected.”

 

CUTS WILL BE CENTER STAGE

But major cuts — and the issue of city employees pay and benefits — will also be center stage.

At the board’s Jan. 11 meeting, before the supervisors voted unanimously to nominate Lee as interim mayor, Sup. Elsbernd signaled that city workers’ retirement and health benefits will once again be at the center of the fight to balance the budget.

Elsbernd noted that in past years he was accused of exaggerating the negative impacts that city employees’ benefits have on the city’s budget. “But rather than being inflated, they were deflated,” Elsbernd said, noting that benefits will soon consume 18.14 percent of payroll and will account for 26 percent in three years.

“Does the budget deficit include this amount?” he asked.

And at the after-party that followed Lee’s swearing-in, Public Defender Jeff Adachi, who caused a furor last fall when he launched the ill-considered Measure B, which sought to reform workers’ benefits packages, told us he is not one to give up lightly.

“We learned a lot from that,” Adachi said. “This is still the huge elephant in City Hall. The city’s pension liability just went up another 1 percent, which is another $30 million”

Chu agreed that worker benefits would be a central part of the budget-balancing debate. “Any conversation about the long-term future of San Francisco’s budget has to look at the reality of where the bulk of our spending is,” she said.

Avalos noted that he plans to talk to labor and community based organizations about ways to increase city revenue. “I’m going to work behind the scene on the budget to make sure the communities are well-spoken for,” Avalos said, later adding, “But it’s hard, given that we need a two-thirds majority to pass stuff on the ballot.”

Last year, Avalos helped put two measures on the ballot to increase revenue: Prop. J, which sought to close loopholes in the city’s current hotel tax and asked visitors to pay a slightly higher hotel tax (about $3 a night) for three years, and Prop. N, the real property transfer tax that slightly increased the tax charged by the city on the sale of property worth more than $5 million.

Prop. N should raise $45 million, Avalos said. “I’ve always had my sights set on raising revenue, but making cuts is inevitable.”

 

THE IDEOLOGY ARGUMENT

Newsom and his allies loved to use “ideology” as a term of disparagement, a way to paint progressives as crazies driven by some sort of Commie-plot secret agenda. But there’s nothing wrong with ideology; Newsom’s fiscal conservative stance and his vow not to raise taxes were ideologies, too. The moderate positions some of the more centrist board members take stem from a basic ideology. Wiener, for example, told us that he thinks that in tough economic times, local government should do less but do it better. That’s a clear, consistent ideology.

For much of the past decade, the defining characteristic of the progressives on the board has been a loosely shared urban ideology supported by tenants, immigrant-rights groups, queer and labor activists, environmentalists, preservationists, supporters of public power and sunshine and foes of big corporate consolidation and economic power. Diversity and inclusiveness was part of that ideology, but it went beyond any one political interest or identity group.

It was often about fighting — against corruption and big-business hegemony and for economic and social equality. The progressive agenda started from the position that city government under Brown and Newsom had been going in the wrong direction and that substantive change was necessary. And sometimes, up against powerful mayors and their well-heeled backers, being polite and accommodating and seeking common ground didn’t work.

As outgoing Sup. Daly put it at his final meeting: “I’ve seen go-along to get along. If you want to do more than that, if you think there’s a fundamental problem with the way things are in this world, then go-along to get along doesn’t do it.” When Chiu announced that the new progressive politics is one of pragmatism, he was making a break from that ideology. He was signaling a different kind of politics. He has urged us to be optimistic about the new year — but we still don’t know what the new agenda will look like, how it will be defined, or at what point Chiu and his allies will say they’ve compromised and reached out enough and are ready to take a strong, even oppositional, stand. We do know the outcome will affect the lives of a lot of San Franciscans. And when the budget decisions start rolling down the pike, the political lines will be drawn fairly clearly. Because reaching across the aisle and working together sounds great in theory — but in practice, there is nothing even resembling a consensus on the board about how the city’s most serious problems should be resolved. And there are some ugly battles ahead.

Editor’s Notes

2

tredmond@sfbg.com

Former Mayor Willie Brown says that choosing a person of color for a leadership position should be a progressive value. Board of Supervisors President David Chiu says the new mayor, Ed Lee, is a progressive. Several supervisors and other political observers say the six-vote progressive majority on the board is gone.

And nobody really talks about what that word means.

Progressive is a term with a long political vintage, but it’s changed (as has the political context) since the 1920s. (Progressives these days aren’t into Prohibition.) So I’m going to take a few minutes to try to sort this out.

I used to tell John Burton, the former state senator, that a progressive was a liberal who didn’t like real estate developers. But that was in the 1980s, when the Democratic Party in town was funded by Walter Shorenstein and other developers who were happy to be part of the party of Dianne Feinstein, happy to be liberals on some social issues (Shorenstein insisted that the Chamber of Commerce hire and promote more women), and happy to promote liberal candidates like John and Phil Burton for state and national office — as long as they didn’t mess with the gargantuan money machine that was high-rise office development in San Francisco.

But these days it’s not all about real estate; it’s that the level of economic inequality in the United States has risen to levels unseen since the late 1920s. So I sat down on a Saturday night when the kids went to bed(yeah, this is my social life) and made a list of what I think represent the core values of a modern American progressive. It’s a short list, and I’m sure there’s stuff I’ve left off, but it seems like a place to start.

This isn’t a litmus test list (we’ve endorsed plenty of people who don’t agree with everything on it). It’s not a purity test, it’s not a dogma, it’s not the rules of entry into any political party … it’s just a definition. My personal definition.

Because words don’t mean anything if they don’t mean anything, and progressive has become so much of a part of the San Francisco political dialogue that it’s starting to mean nothing.

For the record: when I use the word "progressive," I’m talking about people who believe:
1. That civil rights and civil liberties need to be protected for everyone, even the most unpopular people in the world. We’re for same-sex marriage, of course, and for sanctuary city and protections for immigrants who may not have documentation. We’re also in favor of basic rights for prisoners, we’re against the death penalty, and we think that even suspected terrorists should have the right to due process of law.
2. That essential public services — water, electricity, health care, broadband — should be controlled by the public, not by private corporations. That means public power and single-payer government run health insurance.
3. That the most central problem facing the city, the state, and the nation today is the dramatic upward shift of wealth and income and the resulting economic inequality. We believe that government at every level — including local government right here in San Francisco — should do everything possible to reduce that inequality. That means taxing high incomes, redistributing wealth, and using that money for public services (education, for example) that tend to help people achieve a stable middle-class lifestyle. We believe that San Francisco is a rich city, with a lot of rich people, and that if the state and federal government won’t try to tax them to pay for local services, the city should.
4. That private money has no place in elections or public policy. We support a total ban on private campaign contributions, for politicians and ballot measures, and support public financing for all elections. Corruption — even the appearance of corruption — taints the entire public sector and helps the fans of privatization, and progressives especially need to understand that.
5. That the right to private property needs to be tempered by the needs of society. That means you can’t just put up a highrise building anywhere you want in San Francisco, of course, but it also means that the rights of tenants to have stable places for themselves and their families to live is more important than the rights of landlords to maximize return on their property. That’s why we support strict environmental protections, even when they hurt private interests, and why be believe in rent control, including rent control on vacant property, and eviction protections and restrictions on condo conversions. We think community matters more than wealth, and that poor people have a place in San Francisco too — and if the wealthier classes have to have less so the city can have socioeconomic diversity, that’s a small price to pay. We believe that public space belongs to the public and shouldn’t be handed over to private interests. We believe that everyone, including homeless people, has the right to use public space.
6. That there are almost no circumstances where the government should do anything in secret.
7. That progressive elected officials should use their resources and political capital to help elect other progressives — and should recognize that sometimes the movement is more important that personal ambitions.

I don’t know if Ed Lee fits my definition of a progressive. He hasn’t taken a public position on any major issues in 20 years. We won’t know until we see his budget plans and learn whether he thinks the city should follow Gavin Newsom’s approach of avoiding tax increases and simply cutting services again. We won’t know until he decides what to tell the new police chief about enforcing the sit-lie law. We won’t know until we see whether he keeps Newsom’s staff in place or brings in some senior people with progressive values.
I agree that having an Asian mayor in San Francisco is a very big deal, a historic moment — and as Lee takes over, I will be waiting, and hoping, to be surprised.

What progressive means

85

Willie Brown says that choosing a person of color for a leadership position should be a “progressive” value. David Chiu says Ed Lee is a progressive. Several supervisors, and other political observers, say the six-vote progressive majority on the board is gone.

And nobody really talks about what that word means.

Progressive is a term with an excellent political vintage, but it’s changed (as has the political context) since the 1920s. (Progressives these days aren’t into prohibition.) So I’m going to take a few minutes to try to sort this out.

I used to tell John Burton that a progressive was a liberal who didn’t like real estate developers, but that was in the 1980s, when the Democratic Party in town was funded by Walter Shorenstein and other developers, who were happy to be part of the party of Dianne Feinstein, happy to be liberals on some social issues (Shorenstein insisted that the Chamber of Commerce hire and promote more women) and happy to promote liberal candidates like John and his brother Phil for national office – as long as they didn’t mess with the gargantuan money machine that was highrise office development in San Francisco.
Arguing that Shorenstein’s economic agenda was driving up housing prices, destroying low-income neighborhoods and displacing tenants was a waste of time; the liberals like Burton (who also represented real estate developers as a private attorney) weren’t interested.

But these days it’s not all about real estate; it’s about the fact that the level of economic inequality in the United States has risen to levels unseen since the late 1920s, and the impacts are all around us. And it’s about (Democratic) politicians in San Francisco blaming Sacramento, and (Democratic) politicians in Sacramento blaming Washington, and the Democratic Party in the United States abandoning economic equality as a guiding principle.

So I sat down on a Saturday night when the kids went to be (yeah, this is my social life) and made a list of what I think represent the core values of a modern American progressive. It’s a short list, and I’m sure there’s stuff I’ve left off, but it seems like a place to start.

For all the people who are going to blast me in the comments, let me say very clearly: This isn’t a litmus-test list (we’ve endorsed plenty of people who don’t agree with everything on it). It’s not a purity test, it’s not a dogma, it’s not the rules of entry into any political party … it’s just a definition. My personal definition.

Because words don’t mean anything if they don’t mean anything, and progressive has become so much of a part of the San Francisco political dialogue that it’s starting to mean nothing.
For the record: When I use the word “progressive,” I’m talking about people who believe:

1. That civil rights and civil liberties need to be protected for everyone, even the most unpopular people in the world. We’re for same-sex marriage, of course, and for Sanctuary City and protections for immigrants who may not have documentation. We’re also in favor of basic rights for prisoners, we’re against the death penalty, and we think that even suspected terrorists should have the right to due process of law.

2. That essential public services – water, electricity, health care, broadband – should be controlled by the public and not by private corporations. That means public power and single-payer government run health insurance.

3. That the most central problem facing the city, the state and the nation today is the dramatic upward shift of wealth and income and the resulting economic inequality. We believe that government at every level – including local government, right here in San Francisco – should do everything possible to reduce that inequality; that means taxing high incomes, redistributing wealth and using that money for public services (education, for example) that tend to help people achieve a stable middle-class lifestyle. We believe that San Francisco is a rich city, with a lot of rich people, and that if the state and federal government won’t try to tax them to pay for local services, the city should.

4. That private money has no place in elections or public policy. We support a total ban on private campaign contributions, for both politicians and ballot measures, and support public financing for all elections.

5. That the right to private property needs to be tempered by the needs of society. That means you can’t just put up a highrise building anywhere you want in San Francisco, of course, but it also means that the rights of tenants to have stable places for themselves and their families to live is more important than the rights of landlords to maximize return on their property. That’s why we support strict environmental protections, even when they hurt private interests, and why be believe in rent control, including rent control on vacant property, and eviction protections and restrictions on condo conversions. We think community matters more than wealth and that poor people have a place in San Francisco too — and if the wealthier classes have to have less so that the city can have socio-economic diversity, that’s a small price to pay. We believe that public space belongs to the public, and shouldn’t be handed over to private interests; we believe that everyone, including homeless people, has the right to use public space.

6. That there are almost no circumstances where the government should do anything in secret.

7. That progressive elected officials should use their resources and political capital to help elect other progressives – and should recognize that sometimes the movement is more important that their own personal ambitions.

I could add a lot more, but I think those six factors are at the heart of what I mean when I talk about progressives. We support a lot of other things; I put the right of workers to unionize under Number 3, since unions (along with public schools and subsidized higher education) are one of the major forces behind a stable middle class and a more equal society. We think racism and homophobia are never acceptable, and we support affirmative action, but that goes under Number 1.

This is not a socialist manifesto; I never mentioned worker control of the means of production. Progressives don’t oppose private enterprise; they just think that some things essential for the good of society don’t belong in the private sector, and that the private sector should be regulated for the good of all of us. We trust and support small businesses much more than big corporations – and we think their interests are not the same.

I don’t know if Ed Lee fits my definition of a progressive. We won’t know until we see his budget plans, and learn whether he thinks the city should follow Gavin Newsom’s approach of avoiding tax increases and simply cutting services again. We won’t know until he decides what the tell the new police chief about enforcing the sit-lie law. We won’t know until we see whether he keeps Newsom’s staff in place or brings in some senior people with progressive values. We know that the people who pushed him to take the job aren’t progressives by any definition, but you never know. I agree that having an Asian mayor in San Francisco is a very big deal, an historic moment — and when Lee takes office, I will be waiting, and hoping, to be surprised.

Mysteries of the death-drug scramble

0

news@sfbg.com

The California prison system finally released some documents on its efforts to procure the chemicals it needs to execute prisoners, and the 1,000 pages show the desperate lengths state officials have gone to procure the death drugs.

At one point, the California Department of Corrections and Rehabilitation looked at importing drugs from Pakistan. In October, prison officials sent agents on a secret midnight mission to Arizona to acquire sodium thiopental, one of the drugs used in executions, from that state’s supply.

In the end, CDCR wound up buying an extraordinary quantity of the stuff from a supplier in London — potentially putting California in the disturbing position of serving as the death-drug dealer to the rest of the country.

The protocol for lethal injections in California, and 33 other states, calls for three drugs — sodium thiopental to put the condemned inmate in a coma; pancurium bromide to paralyze the muscles; and potassium chloride to stop the heart.

But sodium thiopental, also known as Sodium Pentothal, has been in short supply in this country, in part because the one company that currently makes it, Hospira, has production backlogs. There’s not a whole lot of need for the drug in modern medicine — it’s largely been replaced with other anesthetics — and Hospira has made it clear in repeated press statements that it doesn’t want its product used in executions.

So when the last batch of the stuff in the state’s hands expired in October, California had to put executions on hold while prison officials scrambled to find some more.

 

HIDING THE TRUTH

The whole process was cloaked in secrecy. Nobody at CDCR would tell us where they were looking for the sodium thiopental, who would be procuring it, or how the supply chain might work. That, of course, is crucial, in a grisly way: If the anesthetic didn’t perform properly (that is, if the state got a bad batch from an unregulated supplier), a prisoner could go through unspeakable agony as the second batch of drugs made it impossible to breathe.

The Guardian filed a request in October under the California Public Records Act seeking details on the purchase attempts, but CDCR stonewalled. The American Civil Liberties Union, also seeking the documents, filed a lawsuit, and a judge ordered the release of a large volume of material.

Those documents, now available at aclunc.org, is heavily redacted, and much of the material we expected to see is missing. But the documents contain some remarkable revelations.

For starters, there’s an internal timeline going back to 2007 showing that CDCR officials knew back then, while the drug protocol was being developed, that there would be problems. The Drug Enforcement Administration will only allow a doctor to order the class III controlled substances. And the federal receiver overseeing the prison system wouldn’t allow any of the three doctors on staff at San Quentin State Prison to sign the order forms, although the documents didn’t say why.

In January 2007, CDCR tried to recruit outside doctors to order the drugs — but physicians in California have traditionally declined to assist in executions. Indeed, the American Medical Association policy bars doctors from participating in capital punishment in any way, including “prescribing or administering tranquilizers.”

It wasn’t until May 2010 that CDCR was able to find doctors willing to order the deadly drugs; the names of those physicians are not in the documents.

The timeline shows that in June 2010, CDCR became aware that there was a shortage of sodium thiopental, but there was no public discussion of the situation. Plans to execute Albert Greenwood Brown, a convicted murderer set to die in September 2010, went forward.

But the courts weren’t rushing the execution — and the last batch of sodium thiopental in CDCR’s possession expired Oct. 1.

As the clock ticked down toward that expiration date, the documents show, CDCR officials — all the way up to Corrections Secretary Matthew Cate — were involved in an all-out scramble to get more of the drug.

At one point, a Sept. 16 e-mail — from an official whose name is blacked out — notes that CDCR had contacted between 80 and 100 hospitals to try to buy some sodium thiopental, but “none of them have a drop.”

The documents note that CDCR officials even suggested that there were supplies of sodium thiopental in Pakistan. An Aug. 17 e-mail from John McAuliffe, a contract worker helping CDCR with executions, says the agency is trying to get federal government approval to import the drug.

One e-mail even suggests that an unnamed CDCR employee was in the area and could make a side trip to Pakistan to pick up the stuff.

 

THE LONDON CONNECTION

There are, of course, serious issues with importing controlled substances into the United States, and the documents show efforts by CDCR to get the DEA to approve imports. The Pakistan deal apparently went nowhere — but later e-mails show CDCR officials contacting a supplier in London. The name of the supplier is blacked out on all the documents, but CDCR’s deputy press secretary, Terry Thornton, later confirmed that the manufacturer was Archimedes Pharma.

Immediately after the California order for 521 grams of sodium thiopental went through, Britain’s secretary of state for business, Vince Cable, issued an order barring any further exports of the drug for use in executions.

Like most of the civilized world, the United Kingdom does not allow the death penalty.

In the meantime, Scott Kernan, CDCR’s undersecretary for operations, was trying to get enough of the death drug domestically to carry out at least one execution. A series of e-mails show contacts between California and Arizona, which recently had imported its own supply — and there are indications that Gov. Arnold Schwarzenegger was willing to call his counterpart in Arizona to help consummate the deal.

“I’m sure either the secretary or even the governor could make a call,” a Sept. 9 e-mail from Kernan to McAuliffe notes.

Then on Sept. 29, Kernan sent an e-mail to Assistant Secretary Anthony Chaus discussing a “secret and important mission.” Kernan wanted Chaus to send a team to a state prison complex in Florence, Ariz., a desert town about 40 miles southeast of Phoenix, to pick up 12 grams of the death drug.

At midnight Sept. 30, the warden in Florence gave the CDCD agents 24 vials, each containing half a gram of sodium thiopental. The agents drove it to Bakersfield, where another team picked up the vials and drove the rest of the way to San Quentin.

In a stomach-turning e-mail, Kernan sent a note Sept. 29 to an unnamed Arizona official saying “you guys in Arizona are life savers” and offering to “by [sic] you a beer next time I get that way.”

By then, a federal judge had delayed Brown’s execution until 2011.

Among the most startling revelation was the sheer quantity of sodium thiopental California eventually ordered from the firm in London. Even with training supplies and backup, it only takes between six and 12 grams of sodium thiopental to render a prisoner unconscious — meaning that the 521 grams that CDCR purchased for $36,413 are enough to kill between 43 and 86 people. The expiration date on the chemical is 2014.

It’s highly unlikely, given the legal hurdles and time involved in even one execution, that California would schedule more than three over the next three years. What possible use could the state have for so much death drug?

Thornton, CDCR’s press person, wouldn’t respond to our queries. But Natasha Minsker, the director of the ACLU’s Death Penalty Project, said she’s concerned that California will try to become a supplier for other prison systems. “It certainly raises questions,” she told us.

There’s a lot missing from the documents. In many instances, the names of the officials who sent and received e-mails are redacted. And there are obvious pieces of the puzzle missing from the files CDCR has released.

“There’s no e-mail from the DEA or the FDA,” Minsker said, “although CDCR was clearly contacting them. There’s nothing from the governor’s office, although it’s likely they were also involved.”

Overall, Minsker said, the documents “show how sneaky CDCR was trying to be about all of this.”

The ACLU filed another suit Dec. 13 seeking the release of some of the redacted material as well as records of CDCR’s efforts between October and December.

If those documents are ever released, they may address some of the looming questions about the material the state uses to kill people.

Going to a club — or boarding an airplane?

12

news@sfbg.com

The War on Fun — a term coined by the Guardian in 2006 to describe the crackdowns on nightclubs, special events, and urban culture by police, NIMBY neighbors, and moderate politicians — continues to grind on in San Francisco.

The latest attack was launched by Mayor Gavin Newsom and the San Francisco Police Department, which has proposed a series of measures to monitor and regulate individuals who visit bars or entertainment venues, proposals that the embattled Entertainment Commission will consider at its Dec. 14 meeting.

Perhaps most controversial among the dozens of new conditions that the SFPD would require of nightclubs is an Orwellian proposal to require all clubs with an occupancy of 100 persons or more to electronically scan every patron’s identification card and retain that information for 15 days. Civil libertarians and many club owners call this a blatantly unconstitutional invasion of privacy.

Driving the latest calls for a crackdown is a stated concern over isolated incidents of violence outside a few nightclubs in recent years, something Newsom and police blame on the clubs and that they say warrants greater scrutiny by police and city regulators.

But the proposals also come in the wake of overzealous policing of nightclubs and parties — including improper personal property destruction and seizures, wrongful arrests and violence by police, harassment of disfavored club operators, and even dumping booze down the drain — mostly led by SFPD Officer Larry Bertrand and his former partner, Michelle Ott, an agent with the California Department of Alcoholic Beverage Control.

Those actions were documented in back-to-back cover stories by the Guardian (“The New War on Fun,” March 24) and SF Weekly (“Turning the Tables,” March 17), and they are the subject of multiple ongoing lawsuits by nightclub owners, patrons, and employees, including a racketeering lawsuit alleging that officials are criminally conspiring against lawful activities.

Yet rather than atoning for that enforcement overreach, Newsom and SFPD officials seem to be doubling down on their bets that San Franciscans will tolerate a more heavily policed nightlife scene in the hopes of eliminating the possibility of random violence.

A series of nighttime shootings this year has grabbed headlines and prompted calls to action by the Mayor’s Office and Board of Supervisors President David Chiu, whose District 3 includes North Beach. In February, there were shootings at Blue Macaw in the Mission and Club Suede at Fisherman’s Wharf, followed by a shooting at the Pink Saturday fair in June, one outside Jelly’s in SoMa in July, and the high-profile murder of a German tourist near Union Square in August.

Chiu responded with legislation to give the Entertainment Commission greater authority to close down problem nightclubs and, more recently, with legislation to require party promoters to register with the city so that officials can take actions against those who act irresponsibly.

In September, Newsom asked the SFPD for its recommendations and he received a laundry list of proposals now before the Entertainment Commission. That body held a closed session hearing Nov. 30 to discuss a confidential legal opinion by the City Attorney’s Office on whether the identification scan would pass constitutional muster, an opinion that has so far been denied to the Guardian and the public, although officials say it may be discussed in open session during the Dec. 14 hearing.

“Everything is being considered,” Jocelyn Kane, acting executive director of the Entertainment Commission, told the Guardian. Her office already has looked at the different types of scanners that clubs could use and has discussed the idea with several technology companies.

SFPD Inspector Dave Falzon, the department’s liaison to the nightclubs and ABC, told the Guardian that he believes the data gathered from nightclub patrons would allow police to more easily find witnesses and suspects to solve any crimes committed at or near the nightclubs.

“It’s not intended to be exploited,” Falzon said, stressing that the recommendations are a work in progress and part of an ongoing dialogue with the Entertainment Commission — an agency Newsom, SFPD officials, and some media voices have been highly critical of over the last two years.

Along with the proposal for the ID scanners, SFPD proposed many other measures such as increased security personnel (including requiring clubs to hire more so-called 10-B officers, or SFPD officials on overtime wages), metal detectors at club entrances, surveillance cameras at the entrances and exits, and extra lighting on the exterior of the night clubs.

Though this may sound to many like heading down the dystopian rabbit hole with Big Brother potentially watching your every move, Falzon thinks it’s the opposite. “It isn’t that police department is acting as a militant state,” Falzon said. “All we’re trying to do is to make these clubs safer so they can be more fun.”

Yet critics of the proposals don’t think they sound like much fun at all, and fear that employing such overzealous policing tools will hurt one of San Francisco’s most vital economic sectors while doing little to make anyone safer.

Jamie Zawinski is the owner of the DNA Lounge, which recently celebrated its 25th anniversary. He has been a leading voice in pushing back against the War of Fun, including running a blog that chronicles SFPD excesses. He said the proposed regulations go way too far.

“It’s gang violence happening on the street. The nightclubs are being scapegoated. You don’t solve the problem by increased security in the clubs,” Zawinski told us, adding that the lack of proper policing on the streets should be addressed before putting the financial strain on the entertainment industry.

“It’s ridiculously insulting. I will not do that to my customers. It’s not a way to solve any problems,” Zawinski said. “It sets the tone for the evening when you start demanding papers.”

It’s also a gross violation of people’s rights, says Nicole Ozer, the director of Technology and Civil Liberties Policy for the American Civil Liberties Union of Northern California. She said that recording people’s personal information when they enter a public venue raises troubling legal issues.

“There are some real implications of tracking and monitoring personal data. The details of what you visit reveal things about your sexuality and political views,” Ozer said, adding that the ACLU would also have issues with how that information is used and safeguarded.

In response to police crackdowns on nightlife, club owners and advocates earlier this year formed the California Music and Culture Association (CMAC) to advocate for nightlife and offer advice and legal assistance to members. CMAC officials say they are concerned about the latest proposals.

“The rise in violence has to be looked at from a societal point of view,” said Sean Manchester, president of CMAC and owner of the nightclub Mighty. He noted that most of the violence that has been associated with nightclubs took place in alleys and parking lots away from the bars and involved underage perpetrators. “In many instances [the increased security measures] wouldn’t have done anything to stop it,” he said.

While there are plenty of ideas to combat crime at nightclubs, nightlife advocates say the city is going to have to look beyond club venues to address what can be done to combat crime without infringing on any civil liberties or damaging the vibrant nightlife. Or officials can just listens to the cops, act on their fears, and make the experience of seeing live music in San Francisco more like boarding an airplane.

The Entertainment Commission meets Dec. 14 at 6:30 p.m., Room 400, City Hall.

UPDATED: SF resident fights for his right to post political signs

5

In September, shortly after Elliot Kamin placed two political signs in the window of the condo he rents near Ocean Beach in the Richmond District, he received a letter from his property manager saying, “The signs you have posted in your window are a clear violation of the rules and regulations of the association. Please remove the signs immediately.” But now, with help of the American Civil Liberties Union, the signs are back up and Kamin is no longer being threatened with fines.

Ironically, one of the restored signs reflected Kamin’s concern for civil liberties, urging voters to reject Prop. L, the proposed law that would criminalize sitting or lying on San Francisco sidewalks.

“It is a problem that a lot of condo associations don’t seem to be aware that free speech rights don’t stop at the condo gates,” ACLU attorney Linda Lye told the Guardian. She suggests that some condo residents might be willingly complying with requests to remove signs because they are unaware of the laws.

California Civil Code Section 1353.6 states that homeowners associations “may not prohibit posting or displaying of non commercial signs, posters, flags, or banners on or in property that belongs to a condo owner.”

Kamin called the property management company, which works with the homeowners association that set the rules, and he was told they wouldn’t recognize that legal right, which they said was trumped by their rules for the properties. So Kamin called the ACLU and together, they filed a suit against the Citiscape Property Management Group and the Ocean Beach Homeowners Association.

“If you really want to piss me off, tell me that someone has more rights because they own property,” Kamin said.

OBHA finally relented and entered into a settlement last week that allowed Kamin to put up his two signs, which opposed Prop. L, the proposed sit-lie ordinance and supported judicial candidate Michael Nava. A call to OBHA wasn’t answered and a message left at CPMG hasn’t yet been returned.

“What good are rights if they’re only on paper?” Kamin said.

UPDATE: I just got a call back from Kevin Wyley, president of CPMG, who said the incident began when an individual board member sent Kamin the letter telling him to take down the sign. Wyley didn’t become involved with the situation for about another week: “I was not aware that the board member had told the tenant he could not put up the signs,” he told us. “The board member had mistakenly told the tenant he couldn’t put up a sign.”

Once he was able to reach all the board members to get their assent, Wyley said he contacted Kamin and the ACLU to let them know the signs could remain, although they continue to disagree with the ACLU over whether tenants may have more than nine square feet of total signage.

Wyley said hsaid it took a few more days to get some traveling board members to weigh in on the issue, but once they

The Sit Lie Posse can “liberate” a billboard in 10 minutes

A press release went out yesterday announcing that a group called the Sit Lie Posse had “liberated” six billboards and 60 bus shelters with original artwork in opposition to Proposition L, San Francisco’s proposed sit / lie ordinance. The posters bear three different images, including one featuring a “Gascon-topus,” illustrated with the face of San Francisco Police Chief George Gascon and the body of a gigantic octopus. Gascon is a strong advocate for the ordinance, which would ban sitting and lying down on San Francisco sidewalks.

While members of the posse did not provide a phone number or reveal their true identities, the Guardian did manage to get in touch via email with a spokesperson of the posse, who goes by the name Jim Rawley.

Rawley says he chose his name in honor of the character from John Steinbeck’s The Grapes of Wrath, who manages the utopian Weedpatch camp and treats the impoverished Joad family with dignity and respect. Rawley also reveals the technique the Sit Lie Posse uses to liberate bus-shelter ads, and tells us how long it takes for the crew to put up displays of their artwork throughout the city. A few of our questions and answers appear below.

San Francisco Bay Guardian: Does the Sit Lie Posse have a budget? If so, how much?
Jim Rawley: The Sit Lie Posse is a volunteer group unaffiliated with any electoral campaign. We made our guerrilla ads by hand and paid for our materials out of pocket. It cost us $150 to liberate six billboards and 60 bus shelter ads.

 
SFBG: How long does it take to liberate a billboard? How about a bus shelter ad? Does the posse use wheat-paste?
JR: Our billboards took about 10 minutes and the bus shelters took 2-3 minutes. We accessed the bus shelters using a master key and attached our work with Velcro, the industry standard for bus shelters because of quick, easy insertion. We attached our billboards with wheat-paste. Despite the efforts of Clear Channel and a heavy rainstorm, our bus shelters and billboards are still up.

 

SFBG: The Sit / Lie Posse has created quite a stir. C.W. Nevius writes in this morning’s column: “Opponents are attempting to make a comparison with the civil rights movement in the South in the ’50s and ’60s. Apparently their view is that an unkempt panhandler camping on the sidewalk equates to the Freedom Riders opposing racial discrimination. Weird.” What would you say to Nevius in response?

 JR: We expected that the Chronicle would try to ridicule, belittle and smear our work, especially since C.W. Nevius and his advocacy columns instigated Prop L. In the 1950s and 60s civil rights workers were maligned by the mainstream press, harassed by the police and subject to physical violence. It takes time for social movements to gain legitimacy in the eyes of the state and the corporate media. In their own words, Chronicle columnist C.W. Nevius and Police Chief George Gascon have said that Prop L enforcement would exclude tourists and center on the homeless. Regardless of your opinion on homelessness, it’s clearly discrimination when the law is based upon a person’s appearance and applies only to certain groups – the poor and people of color. Even more so when the stated intent of the enforcement is to drive certain people out of a neighborhood. This is San Francisco’s kindler, gentler version of Jim Crow segregation.

 

SFBG: What was the inspiration behind the Gascon-topus?

JR: We came up with the Gascon-topus as a reference to sci-fi movie posters. Prop L will give unchecked power to the police to conduct unconstitutional searches and arrests. In the face of such a monstrous attack on civil liberties, we wanted to respond with wit, humor and satire.

 

SFBG: Why do you think it’s important to fight against expanded policing in public space?

JR: It’s important to fight additional policing in pubic space to preserve our civil liberties and to save the character of San Francisco. Most San Franciscans don’t want to sacrifice the city’s diversity and rebellious creativity in order to recreate San Francisco as one massive, sanitized shopping mall with all action controlled by the police. Most San Franciscans don’t want undocumented immigrants and day laborers to be deported after a bogus bust for sitting. Most people don’t want to see the poor disqualified from government housing because they committed the crime of sitting. Most people don’t want to be subjected to unconstitutional drug searches after being detained for sitting, nor do people want to see parolees sent back to prison for the crime of sitting. Public space and civil liberties are vital to a healthy democracy. Public space is the only area beyond private property and the marketplace where San Franciscans can come together to exercise civil rights and collectively shape the future of the city. We need to defend that space and extend it against threats from wealthy business interests and their allies in government.

How they’re sitting

182

caitlin@sfbg.com

I’ve been hanging out with the Haight Street kids. Over the course of a week or so, I smoked weed, drank malt liquor, witnessed nasty run-ins with police officers — all events that anyone who has walked down the sidewalks of that legendary street would expect. But I also met people who’d give away their last dollar to a friend, people who know a thing or two about community, and people who don’t see sidewalks only as thoroughfares to commerce.

Ironically, though the homeless kids on Haight are the explicit inspiration for Proposition L, the sit-lie measure on the Nov. 2 ballot, their voices have been significantly absent from the vitriolic debate on its merits and faults. Ironic because of all people, it’s these young men and women — and the citizens of San Francisco who interact humanely with them — who could teach us the most about what public space in San Francisco could be.

I didn’t just stand with a notebook, fire questions, and walk away. I took a seat and spent time with the kids, to see for myself whether its true that they’re harassing people, letting their dogs run amok, and generally ruining everyone’s lives as much as sit-lie supporters say they are. That it turned out to be uplifting was an added bonus. I got to see what many don’t on their way to shop for souvenir bongs, retro dresses, and designer skateboards — the reason young people from around the country come to the neighborhood.

It doesn’t have anything to do with fancy Victorians and boutiques, which may explain the disconnect between the street kids and their detractors. They come for the legacy of individuals brave enough to slough off social mores that Haight-Ashbury residents are so ostensibly proud of — not to mention the companionship of others who are comfortable with their rejection of and by society. They come to share stories and pipes and encouragement, and it was cool to watch a streetscape in San Francisco that wasn’t geared solely to commerce.

And while the young people I talked to told me how much they liked to travel, to live free of convention and without ties to the workday world, after a while most acknowledged that they had left behind families who couldn’t or didn’t care for them, home situations that were uncomfortable enough to make life on the streets seem like a better alternative.

Although violent incidents, uncivil behavior, and threatening dogs are well-documented by other news sources, I didn’t see any of that when I was hanging out on Haight. That doesn’t mean that these things don’t exist — but it might suggest that some of the strident supporters of Prop. L are seeing what they want to see.

SPANGING

Steven, who asked us not to use his full name, is 20 and homeless. He grew up in Stockton, became a welder after high school, then decided he “didn’t want the hassle” of staying put for a wage job. His fingernails play host to an ungodly amount of dirt, but his tight blonde curls, pretty golden eyes (“they look like a lion’s!” says one friend in amazement) and mellow, generous demeanor make him a popular hub among his homeless peers.

It doesn’t hurt that he sells weed, small amounts at a time to passing tourists and acquaintances. He silently passes a pipe around to his companions with the slightest provocation. Steven approached me on the street before he knew I was a journalist, a fact that seemed to make little difference to him.

He says he came to the Haight “for the people,” for the area’s reputation of open souls and unconventional artists that originated in the glory days of Janis Joplin and the Grateful Dead. Like most of the kids I talked to, he eschewed the often dangerous shelter scene to sleep in Golden Gate Park or nearby Buena Vista Park despite the police surveillance that could result in spendy fines for park camping.

Although Steven’s worldly possessions fit into the large camping backpack he carries with him 24 hours a day, and even though he’s been living on Haight less than nine months — broken by a jaunt to Eugene, Ore., where he found it “too rainy” to join the town’s expansive street kid community — he doesn’t plan on being homeless forever. It’s just that nothing about this economic climate inspires him to sell his freedom for a paycheck. He plans to go to a four-year college eventually. He sees an education as the only way to get a “real” job. “But until then, why not do this?” he asks. I’m not sure if he’s waiting for my answer.

“This” is sit on Haight Street and “spange,” the term used for “flying a sign” and asking shoppers and neighbors walking by for money, often in a creative way. Of the many crimes street kids are guilty of in the eyes of supporters, spanging is the only one Prop. L would effect.

If Francisco voters approve it, anyone who sits or reclines on the sidewalk (with exceptions for the handicapped and those with permits — but not for the tired, workers on breaks, or people waiting for buses) will be subject to a fine of $50 to $100 for the first offense and $300 to $500, or a maximum of 10 days in jail, for someone found guilty twice within 24 hours of unduly supporting his or her body on the sidewalk between 7 a.m. and 11 p.m. Similar laws can be found up and down the West Coast — although Portland’s was pulled from the books last year after being found unconstitutional because it targeted the homeless.

I ask street kid after street kid why they’ve chosen this lifestyle. Many wouldn’t have it any other way. “Why do people want us off the street?” says Oz, a 21 year old from upstate New York who deals alongside Steven. “Probably because they can’t do this themselves.”

Though I’m skeptical at first, after a while I see why the unconventional group of “travelers” on Haight choose to spend their time spanging. Conversations get struck up with the most unusual people — the old hippie who bought a new Mad Hatter cap for the weekend, the suburban woman who might or might not like to buy some weed (she can’t decide). When a few businesses ask us to move so they can sweep the sidewalk or clear a doorway, the street kids I’m watching relocate with little protest. Many who walk past Steven seemed to find humor in his sign, which that day reads “Are you one paycheck away from having this be your job too?” He says he likes to switch his message daily. “Keep it fresh.”

By hanging out with the spangers, I get to see a Haight Street with human interaction at its core. People walk by, often dropping off surprisingly generous gifts: a ex-Grateful Dead roadie with a massive beard who lives in Fairfax and stopped by the neighborhood for a quick lunch with his daughter parks in front of Steven’s group and approaches them. “You kids hungry? You look like you could use a pizza.”

He emerges a half-hour later with a large cheese pie and drives away after chatting for a few minutes about the old days, to the glee of the group (many of the street kids are Dead Heads). The kids eat their fill, then start handing out the remaining pizza to people walking by, a comic role reversal. “I like to support the community — they get back all the money they get sucked out of them,” Steven tells me.

“NARCOTIC FUELED, ANTISOCIAL THUGS”

The campaign to put a sit-lie ordinance into effect in San Francisco kicked into gear with a Saturday morning stroll. As San Francisco Chronicle columnist C.W. Nevius — who regularly publicizes complaints against the Haight street kid culture — reported Feb. 27, Mayor Gavin Newsom recently relocated to the neighborhood and saw evidence of drug use on the main stretch of Haight where he was walking with his infant daughter. “As God as my witness, there’s a guy on the sidewalk smoking crack,” Newsom reportedly said.

The mayor threw his support behind a sentiment already being voiced by the Haight Ashbury Improvement Association, a resident-merchant alliance in the area. HAIA sees the street kids as disruptive outsiders. “These are not the flower children of the 1960s. It’s narcotic fueled, antisocial thugs who act like a quasi-gang,” Ted Loewenberg, president of the association, was quoted as saying in Business Week.

Adds the Prop L website: ” … the Haight-Ashbury district — once synonymous with peace and love — this corridor is now a hot spot for street bullies, pit bulls, and drug abuse.” It’s a deft cultural lobotomy that dissociates drugs from the Summer of Love, and a devious one that implies that street kids weren’t major players in that social revolution.

As for the bullies, I didn’t see any violence from the street kids in the days and nights I spent out on Haight Street.

I couldn’t get cops to talk to me about it, either. There were two police officers on foot traversing Haight’s main strip and I introduced myself when they stood chatting with a coffee shop owner in the afternoon sunshine and asked them about the sort of neighborhood complaints they regularly received about the street kids.

“No comment,” Cop No. 1 told me. Okay, Cop No. 2, your thoughts? “I don’t speak English.”

To my requests that they share their view of crime on Haight, I could get one response: “It’s complicated.” Later, when I returned to write down their badge numbers, they were standing silently, staring at a lone young man sitting against a wall next to his skateboard. The kid was looking at the ground. Eventually they handcuffed him and put him in a police car while he pleaded meekly about it “only being a little bit of weed — and I was only skateboarding on the sidewalk.”

The most aggression I witnessed from any party took place while I was tapping my feet to a group of traveling bluegrass musicians performing around 10 p.m. on a Thursday. Their cover of Del Shannon’s “Runaway” had inspired an older homeless man to strike up a curiously graceful stomp dance on the sidewalk. He was so drunk and fully immersed in the music that the bottle of Jim Beam in his flailing hand didn’t even register when the police officer approached him and asked, “What do you think you’re doing?”

The musicians began to pack up. “I could have told you this would happen 20 minutes ago,” one tells me, nodding toward the old man. “Don’t say a word or I’ll fucking take you in,” said the cop, who poured out the half-full bottle and wrote a ticket for the older man, who had made a few feeble protests that ended abruptly with the cop’s obscenity.

The officer said he’d received a complaint about the music, a line I heard from each cop I came into contact with on Haight — including one officer who cautioned a family with a toddler to pack up the bracelets they were selling to pay the towing charges on their van. “People don’t like to see people with kids out here, you better move it along,” the cop said.

“I’ve seen aggression because people start shit,” Steven tells me when I ask him about his experience with street violence. A man has just walked by chanting “dirty, dirty” in Steven’s and his friends’ faces. “They don’t like to see people sit on the ground.”

“There are people who come down here just to make themselves look better,” chimes in Oz. “Like ‘ha ha ha, I have air conditioning.’ All kinds of people start shit”

I asked if they knew they were the focus of a massive political debate in San Francisco. “No, what debate?” asked Steven.

“You mean sit-lie?” Oz asks. “It probably has to do with tourism. I don’t see why else they would do that.”

Even the most well-known recent case of Haight Street violence — which was reported June 11 by New York Times reporter Scott James as having “inspired a grass roots movement” that propelled Prop. L, seems to be a question of mutual aggression on the two sides of the street kids issue.

The story goes that a man named Thomas was hosing down the sidewalk in front of his house — a practice that is growing more common in the Haight to make property inhospitable to the homeless. He found himself “surrounded and engaged in a heated confrontation,” as James reports. Thomas reportedly shouted “Do you want a piece of me?” and a scuffle erupted between him and Chad Potter, a 26-year old homeless man, culminating with Potter being arrested and set free the next day. Thomas says Potter and friends continued to harass him after the incident.

James Orr, 24, is busking with his flute when I meet him sitting by a store that sells flowing hippie skirts and bumper stickers that command future tailgaters to “Coexist.” He’s looking to trade his wind instrument for a banjo, which he plays in addition to guitar. A rolling stone, Orr is in town for the Hardly Strictly Bluegrass festival that weekend — he travels the country going to festivals, and even scored a job recently at upstate New York’s Mountain Jam for the event’s blog site, taking photos with a borrowed camera of performances by (ex-member of The Band) Levon Helm and Michael Franti.

Orr’s quite erudite and eager to “say something articulate” about the situation of the street kids and travelers on Haight. He tells me that yeah, he’s seen aggression go down here on occasion. But he resents those situations leading to laws against sitting on the street.

“It’s another example of the few that do mess up casting a bad light on everyone else. Most of us just want to make some money, put a smile on someone’s face.” As a busker, he finds it baffling that people who are against the presence of the homeless would want him to stop plying his trade by making sitting illegal. “You should point out also that it’s how we make money!” he exclaims.

THE PIT BULLS

Snarling ruffians on frayed rope leashes stalking the city streets! As evidenced by the Civil Sidewalks campaign, dogs — specifically pit bulls — are another source of controversy on the pavement. Last December, SFist identified a C.W. Nevius tirade against the breed as example of its ongoing feature “Pit Bull Hate Watch.” The paper has pointed out that the demonized dogs can make great members of society and are often the subject of a media smear campaign.

But for many homeless youth, their dogs aren’t the means of imposing chaos on the gentry. They keep them for the same reasons we do: friendship, protection, love — and during the days I spent on Haight, it was a pleasure to pat the doggies while interviewing their owners. Most were as gentle and laid back as the kids they sprawled next to, a reasonably expected result from the 24 hours a day of socialization with humans that the homeless lifestyle affords.

Smiley is an inveterate street kid unlikely to go indoors anytime soon. “I don’t know how to do anything else,” she tells me. Now in her early 20s with a shock of magenta, purple, and dirty blonde hair and fanciful purple ear plugs that pierce her lobes before spiraling nearly to her shoulders, she’s been traveling since she was 12 — “a Bohemian by blood,” as she puts it. Not only did her parents move their household regularly throughout her childhood, but their heritage is Romani, from the traveling tribes of Eastern Europe.

For Smiley, travel outside the bounds of business trips and weekend vacations is her life’s norm, and Haight Street’s legacy resounds in her nomadic soul. “Most of the people that travelers idolize were here,” she tells me.

Smiley has a year-old behemoth black mutt with droopy eyes. He obliges her as she leans into him holding her spanging sign, which tells the world the pup needs Benadryl for an upcoming van ride to Southern California. “He’s carsick,” she tells me sheepishly. She admits that the dog can limit her mobility on public transportation, but his benefits outweigh his cost. He keeps her warm at night — and, more important for a young woman who is often on her own, he protects her. For a moment breaking out of tough girl mode, she tell me, “oh yeah, I don’t have to worry about anything when he’s around.”

We talk about the perceived threat of dogs on Haight Street. “They want us to leash them, which I guess I understand — but look at that!” A well-dressed woman in her 40s has her Chihuahua off its leash and it has run into the busy street, with her in hot pursuit. “That dog’s out of control,” Smiley smiles.

PISS

Sitting against a mural on a wall where Haight meets Clayton, I watch Piss, an outgoing, gangly guy in his early 20s with a curly blonde mohawk in a growing-out stage. I ask him where he got his unusual moniker. “I like to get drunk and piss on things,” he says.

Well. Originally from Billings, Mont., Piss has been traveling since his mid-teens. “Let’s just say me and my family don’t get along,” he tells me.

His answers to my questions about why he’s on the streets follow a path I see with many of the younger homeless youth: they insist that the lure of the open road was too hard to ignore, but eventually reveal that their parents kicked them out or were unable to care for them at a young age. Many, like Juju, another small-time weed dealer I met, bounced from family member to family member until frictions with them and their significant others left no recourse but the street.

Piss says he’s been to every state in the country, plus Canada and Mexico. With so many years on the road, he is, as they say, letting his freak flag fly. Piss has a blue, vaguely tribal tattoo that curls around his right eye. He’s wearing white tube socks on the dirty pavement. At first glance, he could be crazy — and maybe he is. Whatever his motivation for travel, it’s not to blend in with the locals.

Piss is also actively spanging passersby in a manner that oscillates between off-putting and charming. “You got some money for some crack and ice cream?” he inquires of a passing trio of young women. They shake their head, but before they’re gone completely he continues “I’m just kidding! I don’t like ice cream! Hey miss, you have a nice ass … day!”

Over the course of the hour that I watch him a stand up routine emerges. Beneath the grime, he’s a charismatic kid with an enviable sense of comedic timing.

As he ranges up and down a 20-foot stretch of sidewalk, belly laughs are elicited from a few targets, dollars surfacing here and there. One man carrying an accordion and wearing an expensive-looking pair of leather Chaco sandals donates a handful of strawberries to Piss and to those of us acting as his entourage.

But Piss’ play is a little rough — like a big puppy — and he’s alienating the people who don’t crack up over crack. A couple of people walk away quickly from his petitions shaking their heads over one of the zingers, their suspicions confirmed about those rowdy Haight Street kids.

He’s not doing anything more than what young travelers do all over the world. Thousands of families bid see you later to young adults en route to Prague, Peru, and Perth each year, where they lug their dirty backpacks through the world’s most wondrous towns.

Of course, these kids aren’t sleeping in the public parks of Cuzco — but in countries with plenty of cheap travelers’ hostels, you don’t have to. And though international flights cost more than the van rides and freight train hops that brought in most of the Haight Street kids, backpackers abroad do the same things: take fewer showers and flaunt social norms — not because they want to cause a problem for the natives of the lands they pass through, but because they are young, and discovering themselves for the first time, and can’t see much past that. Piss isn’t being violent, but he has lost the language to deal with “normies” and he’s seen as unpredictable to the not-traveling, not-disenfranchised around him. Which to those who see public space as a place that should be predictable, mean he’s a threat.

The clash between the settled and transient in the Haight is not new. Indeed, it’s what made the neighborhood famous. As far back as the mid-1960s, officials have been simultaneously fighting and publicizing the Haight’s worldwide reputation as a traveler’s meeting place, a place with a culture of loosened societal moorings and enlightenment through free love, drugs, and art.

Businesses claim that the omnipresent homeless drive away paying customers from Haight Street. It a curious claim in an area where the vagrant hippie culture made the place the tourist attraction it is today, and one that is belied by the entry of Whole Foods, which plans to open a branch this year at a lot at Haight and Stanyan vacant since 2006. When contrasted with the Tenderloin — another neighborhood with a visible street community — and its chronic problems attracting a grocery store, the Haight street kids’ effect on local commerce doesn’t seem to be all that grave.

They certainly aren’t making the place any less desirable of a neighborhood to live in for the wealthy. Real estate website Trulia.com puts the median listing price for homes in the Haight-Ashbury neighborhood at $962,264.

The Haight Street kids I spoke could all too easily see what sit-lie would mean for San Francisco. When you control public space, you control who is in public space — and they have no illusions about whether or not they’re included in the perfect world of those who push the measure. If it’s enacted, the subculture that made Haight famous — part of which still survives today in a different form — would be gone, leaving it sterile and safe for the head shops and clothing boutiques, an even less authentic version of the ’60s love fest their patrons come to the street for. One wonders if a scrubbed-clean Haight is even what the residents and business owners who have thrown their lot behind sit-lie truly want, or if they’ve been duped into sit-lie’s efficacy by the same forces that on a national level have convinced us that curtailing civil liberties will lead to freedom for the real Americans. It comes down to this: What do we want Haight Street to be? Do we want to capitalize and benefit from the accepting, messy, wildly creative legacy the 20th century endowed our streets, or do we want a clean, friendly, outdoor mall? The powers of homogenization and gentrification can demonize the little heathens on Haight Street all they want, but they’ve miscalculated if they think that they don’t belong in San Francisco — after all, Haight created them, not the other way around.

Our 44th Anniversary Issue also includes stories by Sarah Phelan on SF’s disadvantaged youth, Rebecca Bowe’s look at ageing out of the foster care system, and Tim Redmond’s editorial on the issues facing our rising generation

Talking with Pelosi’s GOP opponent

28

I had a fascinating discussion this morning with John Dennis, the Repubican candidate running against Nancy Pelosi. He’s not going to win, of course, but he’s gotten some national press, including a nice piece by John Nichols, the veteran liberal editor at the Madison-based Capitol Times and a plug from the Huffington Post. Matt Gonzales has endorsed him.

Dennis is a libertarian Republican, but not a nut job or a conspiracy wacko. He’s intelligent, articulate and makes some very good points. He is, for example, totally against the wars in Iraq and Afghanistan, and calls for an immediate pullout of both quagmires. He supports same-sex marriage (it took me a while to get that out of him, but he does), supports Prop. 19, opposes DADT, and wants the feds to stop cracking down on undocumented immigrants in California. He’s against warrantless wiretaps and torture, and wants to repeal the worst parts of the PATRIOT Act. He thinks we should review all of our military bases abroad — just as we have with domestic bases — and close the ones we don’t really need anymore.

In other words, on Iraq, Afghanistan, the Pentagon budget, social issues, the drug war and civil liberties, he’s way out of synch with his party — and a lot better than Pelosi, the good liberal Democrat. And Arthur Bruzzone, my old pal and the former chair of the Republican Party, came down with Dennis and told me that the Guardian really ought to endorse him.

We’ve said some bad things about Pelosi; after all, she privatized the Presidio. She’s been weak on the wars, weak on same-sex marriage, weak on taxes and corporate welfare — and a lot more interested in raising money for Democrats than in representing her district. She won’t even debate Dennis, which is typical of her arrogance.

On the other hand: Dennis has a problem. He’s a member of a party that’s run by barbarians, and if he got elected, and was part of a GOP majority, some very bad people would be in charge. He knows that, and says he wants to change the GOP from within; good luck with that.

And since I spent much of my time these days talking about the gap between the rich and the poor and how utterly unsustainable a nation is when 5,000 families at the top control more wealth than 160 million at the bottom, I have a hard time with libertarians who don’t believe in income taxes.

And that’s Dennis. He told me that he thinks the income tax should be replaced with a consumption tax (that is, a sales tax), which is about the most regressive idea you can imaging. He said he thinks the Bush tax cuts should continue. He thinks government is too big and ought to be dramatically cut back.

I don’t think Pelosi much supports a radical redistribution of wealth in this country, but the Democrats at least are going to let the insane tax cuts for the rich expire. And that’s something.

So I understand Matt Gonzalez, and I had a wonderful talk with Dennis, and I hope you all listen to it (below). And I get the “beyond left and right” thing that the HuffPo talks about. But on the basic economic issues — like wealth redistribution through progressive taxation — the good libertarians and I will never agree. And that’s kind of a deal-breaker.

 

 

john dennis by endorsements2010

Herrera’s gang injunction becomes part of D. 10 dialogue

0

As stated in this week’s article about City Attorney Dennis Herrera’s Viz Valley gang injunction, Herrera’s move gives D. 10 candidates an opportunity to show they are tracking all the issues in a district that is home to the city’s largest public housing site.

As C.L.A.E.R. Project director Sharen Hewitt put it at a debriefing session about the injunction, “D. 10 has been reduced to the Lennar issue, and that’s what’s criminal.”

And the injunction is becoming part of the dialogue in the D. 10 race, with eleven candidates in that race sounding off on the injunction, many of them critiquing Dennis Herrera’s approach and/or advocating for legal representation for those named in the suit, and more services in this historically neglected district.

Candidates Isaac Bowers, Kristine Enea, Chris Jackson, Nyese Joshua, Steve Moss and Marlene Tran attended Hewitt’s August 12 gang injunction debriefing.

And by meeting’s end, Bowers and Enea said they would help community members get legal representation.
“A lot of people being served, don’t know what an injunction is, or don’t show up at the hearing and then they become subject to the injunction,”  Bowers said.

Enea said she was glad that City Attorney Yvonne Mere clarified at the debriefing that the 41 young men named in Herrera’s filing could not be included in the actual injunction until they have been served.

“It was important to clarify the notice process,” Enea said.

Jackson said he’s committed to helping these men access job and education opportunities.
“If you i.d. folks as low-income gang members, there is a lot more you can do than simply hand over their names to law enforcement,” Jackson said.
“Before the City Attorney puts in a gang injunction, that office should talk about it with the community.” Jackson continued. “Ultimately this is about land use.”

“For the City Attorney to have a top down approach to gang injunctions is unfortunate,” Jackson said, noting that Herrera’s injunctions have been in predominantly
African American and Latino neighborhoods.

“And in terms of taking away people’s civil rights, it’s unacceptable, “ Jackson added, noting that the City Attorney’s list of targeted individuals is public information.

Reached by phone, Moss says he’d like to see a time limit imposed on gang injunctions. Currently, injunctions are indefinite, once they have been granted.

“I haven’t studied the precise details,” Moss said, noting that he went to Hewitt’s debriefing and has leaved through materials the City Attorney’s Office provided.
“Generally, no one likes gang injunctions because they potentially threaten civil liberties and sometimes the city gets it wrong,” Moss said, referring to cases where folks have been wrongly named in previous injunctions. “But in places where injunctions have been brought, they do seem to have reduced the violence and calmed down the district. I’d like there to be a time limit, a sunset clause.”

D. 10 candidate Marlene Tran said she thinks the injunction could help reduce violence in the neighborhood.
“I was trying to listen to the different input at the debriefing session,” Tran said. “But on TV, I heard that when Herrera talked to the Chinese press, he cited some 200 incidents in the proposed safety zone. About 100 of those incidents involved guns, and there have been ten homicides in three years. Those are really glaring statistics. And this morning I read that there is another injunction in Oakland, and they talked about success with gang injunctions in Salinas, where the homicide rate dropped from 50 to 5, compared to 2008/2009.”

Tran, who sits on the Community Advisory Board for the Police Department’s Ingleside Station, said she heard from Ingleside Captain Louis Cassenego that he wants to serve all 41 respondents named in the injunction peacefully.
“If this is done without any casualties to the district and the community, and if it prevents any further violence, then this is the way to go,” Tran said.

Tran expressed some due process concerns.
“If they spend that much personnel and time [on putting the injunction together], it should be done with due process,” Tran said.

But she feels the current level of violence in Viz Valley is unacceptable.
“I’ve lived here for twenty something years, and if you talk to residents and children, who wants to hear gun fire,” Tran said. “So I think we have to work for a peaceful community to prevent these problems. That’s why we call ourselves the emergent district.”

D. 10 candidate Ed Donaldson believes the injunctions are a product of neglect.
“It comes back to a question of overall neglect in the district,” Donaldson explained.  When you have that level of social and economic neglect, gang injunctions become “necessary’. But when you look at the resources coming into the district through local non-profits, which comes, I believe to $110 million a year, 80 percent of which is city money, paid mostly to non-profits that may not be based in the district, you have to ask, Are we getting what we paid for? And do these non-profits have enough integrity to make sure there is a level of impact to transform people’s lives? “

Donaldson says that, given the overall level of neglect in public housing, it’s not surprising the district has challenges.

“So, are we willing to invest in the neighborhood in a very transformative way, or are we going to continue to give money to police and prisons?” Donaldson asked.
He notes that every year, 1,600 men and women return to the southeast side of San Francisco, and there is a 71 percent recidivism rate among these folks.

“Why is this rate so high in a progressive city like San Francisco?” Donaldson said. “Part of the answer lies with our public housing policy: if you can’t get public housing, you can’t apply for a job, you can’t go to school to better yourself.”

Donaldson says there is a direct connection between the district’s homicide rate and the people getting out of prison, returning to the district and re-offending.
“So, what’s so hard about getting our arms around 1,600 people a year and stabilizing them? Because then a lot of stuff about public safety will go away.”

D. 10 candidate Tony Kelly believes that if there were gangs in Viz Valley, then Herrera’s injunction would be valid.
 “There is gang-like activity, but it’s small scale turf wars, shootings and retaliations, and it’s not organized,” Kelly said. “ Instead, you’ve got unorganized young black men with no other options, doing whatever it takes to get ahead. But instead of doing something constructive, the City Attorney calls them gangs.”

Kelly notes that the City Attorney claims that most of the individuals named in the Viz Valley injunction don’t live in the proposed safety zone.
“But according to what I’m hearing on the ground, a bunch of them do live here and/or grew up here,” Kelly said. “So, we want their families to get involved. They need safe havens. But combined with last year’s budget cuts, all this does is criminalize young people and pushes the problem around. As long as we have 40-50 percent unemployment, we are not going to solve our crime problem.”

DeWitt Lacy, also a D. 10 candidate, said he is concerned that gang injunctions are circumventing people’s due process rights.
“In a criminal case, you have the right to an attorney, but that’s not so in a civil action,” Lacy said.

Lacy worries that gang injunctions lend themselves to racial profiling.
“Folks have to stay in their house or quickly go to and fro because they can’t hang out in the neighborhood,” Lacy said. “A smarter approach would be to do community policy that Sup. Ross Mirkarimi introduced in the Western Addition. It’s been shown to have a positive impact on criminal activity. We should have officers walking around in troubled areas. The more we change a foot patrol pilot into citywide policy, the more we actually address serious issues and problems. Everyone understands the value that police bring and everyone wants to be able to rely on them. When we only use police to bring a punitive action it reinforces the notion that they are evil enforcers.”

D. 10 candidate Malia Cohen said she was concerned by Herrera’s approach.
“I think we need a more comprehensive approach, otherwise, we’ll simply be moving crime two blocks over,” Cohen said. “We need long-term, not short-term solutions.”

Cohen noted that there are Chinese and Russian gangs in town, as well as African American ones, and Latino gangs like the Nortenos and Sudenos.
“But the style of how each gang manifests is different, which makes African Americans an easy target. We need to have a uniform approach to how we deal with this.”

The 41 men identified in Herrera’s latest injunction all appear to be African American, and many have family ties and roots in Sunnydale, meaning the injunction impacts a much larger circle of folks than those simply named in Herrera’s filings.
“The impact on families caught up in this can’t be overstated,” Cohen said.  “Either they’ll have to take bus down to court, or drag down and pay hella money for parking, and for food, and even take a day off from work if they are employed. And then there’s the emotional effect. We could be using our resources in a more productive way. I understand that Dennis Herrera is ambitious, but this is playing on people’s racism. It’s tantamount to ethnic cleansing. Maybe Herrera wants to be seen as tough on crime, but ut how about being seen as big on compassion? Or big on fair? This is not going to help people get jobs and housing. And it prevents American citizens from being able to travel.”

Eric Smith, also a D. 10 candidate, says it’s right to question the injunctions.
“David Campos and Eric Quezada both expressed concerns about Herrera’s injunction against the Nortenos, when they were running in the 2008 race for D. 9,” Smith observed.
“They talked about the unintended consequences of that injunction in terms of deporting folks who then train the next generation in the ways of gangs.”

Smith questions how effective gang injunctions are in the long-term.
“They are a band-aid,” Smith said. “This is like putting a finger in the dike, or using a hammer to kill a flea. Because the root causes are not addressed. If you don’t deal with young people’s lack of education and joblessness, their hopelessness, their choicelessness, the gang becomes their family. So, if the city did community policing and had great youth programs, it would help.”

Smith, who is a professional jazz musician, wants to see more music, poetry and spoken word programs and activities in the neighborhood.
“There’s a lot of untapped talent,” he said. “When you have arts, music and theater, those are life-saving opportunities.”

Also a bio-diesel advocate, Smith wants to see people who are returning to the community after a stint inside, being able to access green jobs, instead of doing more of the same stuff, only better, than the activities that landed them inside in the first place.

“I care about everyone in the district, but most of all about those who have been kicked to the curb and end up in gangs, on drugs, or dead.”

And D. 10 candidate Diane Wesley Smith believes there are better solutions than gang injunctions

“African American culture is almost opposite in terms of physical mannerisms and gestures and tone of voice, and that can be scary to someone who is used to being conservative,” Wesley Smith said, speaking to the rising tensions between some black and Asian residents in the district.

“I believe these things could be solved with town hall meetings, where there is food and translators so folks could talk things out, “ she said. “It’s never going to be worked out through the police. Only law enforcement benefits from these kinds of proceedings. We need to reach out and touch each other, so that the Chinese community knows that the black community has the same goals as they do, which are employment, housing and safety.”

“When we talk about violating people’s civil rights, posting people’s pictures on websites, preying on people’s fears, well, that’s how we got into the war,” Wesley-Smith said. “Unemployment. Lack of access to opportunity. Lack of education. No money for our schools, but an increase in spending on our jails. These all send the same message: You are not wanted.”

Wesley Smith is concerned that the gang injunctions will accelerate the mass exodus of blacks and people of color from San Francisco.
“We all want a safe San Francisco,” she observed. “The solution is more jobs, not war. People are just going to go more underground in face of these injunctions. Meanwhile, the kids in my district don’t have toilet paper or computer paper in their schools.”

“I understand that Dennis Herrera is a career politician, and time will tell what his true aspirations are, but this is not legislation we propose in a caring society,” Wesley-Smith concluded. “We’re not showing any of these kids any love. All we need to do is partner with business and government and work this out. Te thought that four men standing on a corner drinking an energy drink could be considered gang members is shocking. That’s how they perpetuated slavery, and that’s why blacks have problems today. All my nephews dress similarly. So, are we going to consider them gang members? The good and the bad kids dress the same. We need people and parents to understand that none of us can be safe, until we take care of those who have the least in our community. I’d venture that everyone who is a safety concern has not pursued their education, has not been assisted in pursuing education, and has not been assisted in pursuing employment.”

D. 10 candidate Lynette Sweet promised to call me back to talk about the gang injunction, and if and when she does, I’ll be sure to include her comments here. The same goes for Nyese Joshua, Geoffrea Morris and Steve Weber  who had not returned my calls as of blog time, and for any other D. 10 candidates that I was unable to reach for this article. So, stay tuned…

Crackdown on gangs — or civil liberties?

1

Sarah@sfbg.com

City Attorney Dennis Herrera’s Aug. 5 decision to file a civil gang injunction against two alleged gangs in Visitacion Valley is being hailed by top local law enforcement officials as an important weapon in a war between heavily-armed members of two rival gangs in the Sunnydale housing projects.

“I consider this another vital tool in the prosecution of violent criminals,” District Attorney Kamala Harris said in a City Attorney’s Office press release announcing the suit against the Down Below Gangsters (DBG) and Towerside Gang.

But in the middle of a heated race for supervisor in District 10, the gang injunction also has become a political issue — and infuriated civil liberties activists who say it’s unfair and won’t work.

Herrera’s complaint names and identifies 41 young black men using declarations from gang task force members, police reports, photographs of the men sporting tattoos, flashing hand signs, and wearing purported gang clothing — and even extracts from a letter that one listed individual sent to another alleged gang member, who was in jail.

If Herrera’s request is granted in court Sept. 30, it will be San Francisco’s fourth civil gang injunction. Herrera secured similar injunctions against the Bayview-Hunters Point Oakdale Mob in October 2006; the Mission District’s Norteños in 2007; and the Western Addition’s Chopper City, Eddy Rock, and Knock Out Posse in 2007.

The City Attorney’s Office claims a “cooling off” effect as a result of those injunctions. “Since Herrera launched the civil gang injunction program at the end of 2006, 46 percent of identified gang members (43 of 93) have gone without even a single arrest in San Francisco for crimes other than minor violations of the injunction itself,” Herrera’s office states.

It claims that the data also show progressive improvements over time. “Only 14 percent of identified gang members (13 of 93) were arrested for noninjunction crimes so far in 2010 — down from 41 percent in 2007,” Herrera’s office states.

But San Francisco Public Defender Jeff Adachi, civil rights lawyers, and community advocates worry that the injunction raises constitutional issues and practical problems that could be counterproductive in terms of Herrera’s stated effort to reduce violence in Visitacion Valley.

“The first difficulty you observe is that there is no right to counsel,” Adachi said, pointing to the three injunctions Herrera has already launched. “Instead, the burden is on the individuals named in the injunction to come forward and contest the injunction.”

Contesting an injunction is expensive and difficult, Adachi says.

“There’s a large amount of filing, and then there’s a hearing and a trial,” said Adachi, who represented individuals named in Herrera’s 2007 suit against the Norteños. “It costs between $10,000 and $20,000 to mount an adequate defense.”

Adachi claims Herrera’s past injunctions were mostly based on allegations and stale information that could have triggered more violence. “We saw that the city attorney based its injunction solely on what police officers had alleged, officers who in most cases were members of the Gang Task Force,” he said. “For instance, there was a woman who had been in a gang, but left years before. As a result of being named, her family was threatened and she was fearful there would be reprisals.” The woman’s name was ultimately removed.

Adachi represented a young man who had never been in trouble but found himself on Herrera’s Mission-based injunction list after he rapped about the Nortenos. “There was no evidence, but when we said there had been a mistake, the city attorney disagreed,” Adachi said. “In the end, a judge found there was insufficient evidence.”

Adachi worries about the impact on individuals mistakenly named in the suit. “When you name someone, that brands them. What we saw in other injunctions was that people lost jobs.”

He notes that only a few people came forward to challenge past injunctions. “But in at least four cases, people were found not to be gang members,” he said.

At the time of those injunctions, there was no way to get off the list. “So we worked with the ACLU to demand one and the City Attorney’s Office agreed,” Adachi said. “But I don’t know how many people have since filed paperwork.”

Ingleside police station Capt. Louis Cassenego told us that as of Aug. 20, 12 men had been served with the injunction — six allegedly from DBG, six from Ingleside.

“We had signage posted on utility poles, and no signs have been torn down,” Cassenego said. “And so far, the folks served have taken it in a matter-of fact fashion.”

But Sharen Hewitt, executive director of the C.L.A.E.R. Project, a community empowerment and violence prevention nonprofit, said she worries that people don’t understand the implications of being served and won’t take the trouble to opt out. “I talked to a young man after he got served and he tore up his notice,” Hewitt said.

Hewitt invited representatives from the City Attorney’s Office, Police Department, Lawyers Committee for Civil Rights, Bay Area Legal Aid, and residents of the area to an Aug. 12 emergency debriefing. “We are sitting in the middle of a major war zone,” Hewitt said, referring to the meeting’s location at Britton Courts, a public housing project that Herrera claims is on DBG turf. “Although this situation threatens the community, it has also brought us together. And now we are trying to pull together a legal team.”

Deputy City Attorney Yvonne Mere explained that the suit seeks to ban criminal and nuisance conduct by creating a proposed safety zone that covers two-tenths of a square mile and encompasses both gangs’ alleged turf plus a buffer zone.

The injunction would impose a 10 p.m. curfew on the 41 men listed, who are a barred from trespassing, selling drugs, and illegally possessing firearms, loitering, displaying gang signs, and associating in public in neighborhoods surrounding the Sunnydale, Heritage Homes, and Britton Courts developments.

Some of this conduct is already against the law, but other activities, including assembling in groups, is typically protected by the Constitution, Mere explained.

Lt. Mikail Ali of the Ingleside station said many youngsters don’t want to be in a gang. “This is an out,” Ali said.

But some residents questioned whether some men on Herrera’s list are in a gang. “Who are you to say who is a gang member?” asked Sheila Hill, who was concerned that her son, the victim of a shooting a couple of years ago, was on the list. “Yes, they might have done something three or five years ago, but many of them have moved on, got married, and got a job. I don’t believe you guys are really checking your records.”

Mere disagreed (later clarifying that Hill’s son isn’t named by the injunction). “We looked at criminal records within the last five years, including shootings, shots fired, and weapons possessed, and it’s a pretty violent zone down here,” Mere said. Mere claims the war between DBG and the Towerside caused 10 murders in the last three years.

Leslie Burch, president of the Britton Courts Neighborhood Association and cofounder of the Visitacion Valley Peacekeepers, said a lot of the men named grew up together, playing sports, staying at each other’s houses overnight, and making affiliations.

“So I wouldn’t necessarily classify them as gangs,” Burch said. “They are just a bunch of friends who have common interests like music, sports, and hanging out together.”

Mere pointed to the opt-out option, part of a 2008 agreement between the city attorney, ACLU, and Lawyers’ Committee for Civil Rights.

“It’s an option for people to say, ‘No, you are wrong,'<0x2009>” Mere said. “They can submit letters from pastors and friends, and we’ll consider that between now and Sept. 30.

But Burch challenged some of the evidence posted at the City Attorney’s wesbite, including photographs of people sporting alleged gang tattoos and clothing.

“Take the T sign,” Burch explained “The city attorney says it represents the Towerside. But I had a nephew who was murdered. His name was Trayon, and some people wear the letter T in remembrance of him. I was in court with a nephew who was trying to explain that he is not a gang member just because he’s wearing a hat with a T on it.”

Hewitt noted that the injunction follows budget cuts that decimated local nonprofits and that funding is desperately needed for programs that provide young men with jobs and other alternatives to crime.

Hewitt also noted that the injunction gives District 10 candidates an opportunity to show the community that they are tracking all the issues in this pivotal race. “D-10 has been reduced to the Lennar issue, and that’s what’s criminal,” Hewitt said, adding that coverage of the race has so far largely excluded Viz Valley, even though it’s home to the city’s largest public housing site.

Indeed, the injunction is becoming part of the dialogue in the District 10 supervisor campaign. Candidates Isaac Bowers, Kristine Enea, Chris Jackson, Nyese Joshua, Steve Moss, and Marlene Tran attended Sharen Hewitt’s Aug. 12 gang injunction debriefing. By meeting’s end, Bowers and Enea said they would help community members get legal representation. “A lot of people being served don’t know what an injunction is or don’t show up at the hearing, and then they become subject to the injunction,” Bowers said.

Jackson said he’s committed to helping these men get access to job and education opportunities.

Candidate Tony Kelly said if there are gangs in Viz Valley, Herrera’s injunction would be valid. “There is gang-like activity, but it’s small-scale turf wars, shootings. and retaliations. And it’s not organized,” Kelly claimed. “Instead, you’ve got unorganized young black men with no other options doing whatever it takes to get ahead. But instead of doing something constructive, the city attorney calls them gangs.”

DeWitt Lacy, also a candidate, said he remains concerned that gang injunctions are circumventing people’s due process rights. “In a criminal case, you have the right to an attorney — but that’s not so in a civil action.”

Big Brother? Body cams, face-recognition apps, and liquid body armor

The San Francisco Chronicle reported yesterday that several police departments in California are equipping officers with tiny cameras to wear while on duty. San Jose and Oakland police departments are reportedly testing out similar technology, and the so-called body cams are under consideration in Seattle too.
To be sure, this could be a welcome development for police-watchdog organizations who’ve found that it is difficult to hold an officer accountable for misconduct when you have little to go on besides an officer’s word versus that of the person alleging abuse.

According to a Popular Mechanics article about the Axon, a body cam worn behind the ear manufactured by Taser International, the technology was conceived of to fend off abuse allegations against police officers. It’s an ironic twist, considering that for 20 years activists affiliated with volunteer-run Copwatch groups have shadowed cops with their own cameras to capture police misconduct on film. Taser International also makes a miniature camera that clips onto a Taser and starts recording when the weapon is deployed.

Steve Tuttle of Taser International is quoted in the article explaining how body cams could benefit police:

“At first blush, it sounds like Big Brother. But if we’re not doing it, it’s the kid next door recording it with his cellphone. And what if he didn’t flip it open in time, and he doesn’t catch his buddy making verbal threats or attacking the officers first? What happens then?”

The presence of a camera lens could possibly deescalate situations by inducing violent offenders to think twice about their actions, or dissuading officers from using excessive force. But it gives rise to plenty of questions. What if people are recorded without probable cause? What if an officer decides to stop recording just before delivering a baton blow to someone’s head? Will the technology further erode community trust in law enforcement? Will police officers experience more anxiety because their every move could be subject to scrutiny?

Kellie Evans, associate director of the American Civil Liberties Union of Northern California, said the body cams have the potential to benefit police and police watchdogs, but warned that success would depend on regulations pinned down during implementation.

“Departments need to have very clear rules about when the camera will be turned on,” Evans said. It’s essential that departments clearly spell out how the recordings will be used and how the integrity of the footage will be preserved, she added. “We all know that police misconduct is taken more seriously when a video tape is involved,” she said.

We put in a call to the San Francisco Police Department to find out if anything is in the works to test out police body cams in the city, but haven’t received a response yet. Media Relations Officer Samson Chan did, however, chuckle ruefully and offer that he doubted if the department’s budget would permit such a thing. Axon cameras cost $1,700 each, according to the Chronicle story.

Meanwhile, there are other noteworthy developments on the high-tech police gear front. A new iPhone app that can instantly identify suspects is being tested out by a Massachusetts police department, PC World reports. Using facial recognition software, the app — called MORIS (Mobile Offender Recognition and Identification System) — allows officers to point their mobile phones at a person to call up identifying information. If a biometric match is found, information associated with that person is immediately sent back to the iPhone.

Asked what she thought about the app, Evans — who hadn’t heard anything about it before we forwarded her the article  — told us, “This technology isn’t a substitute for traditional police work.”

Facial recognition technology is fraught with problems, she said, and agencies have abandoned it before because it tends to churn out a high degree of false positives and false negatives. “Too many mistakes can be made,” she cautioned.

“This does raise a lot of red flags for us,” Evans added. “It would be critical that police not be using it in some roving fashion.”

The third new product to land on our radar is perhaps the most sci-fi of all. Fast Company reports that team of U.K. scientists has unveiled liquid body armor that hardens on impact to become bulletproof, using something called “non-Newtonian fluid mechanics” that we do not pretend to understand.

We didn’t bother asking if police departments in Oakland or San Francisco have any plans to outfit their officers with liquid body armor just yet. Apparently, it’s anyone’s guess when it would be put to use in the field, and even then it will likely be shielding U.S. soldiers.

Laura’s Law’s reactionary backers demonize progressives

23

San Francisco Chronicle columnist C.W. Nevius often gets things wrong in his columns, sometimes painfully so. Nobody’s perfect and we all make mistakes. But what’s less excusable is the fact that Chuck’s erroneous reporting, prominently presented by his newspaper, almost always serves a conservative political agenda. Even worse is that he won’t admit when he gets something wrong, even when directly confronted with accurate information – a cardinal sin for anyone who considers himself a journalist.

I experienced Chuck’s incurious intransigence at Tuesday’s Board of Supervisors meeting, the same day his column on Laura’s Law – which Sup. Michela Alioto-Pier is proposing to implement in San Francisco — appeared in the paper. Laura’s Law is a controversial measure that would allow counties to force medication and other psychiatric treatments on individuals who show signs of schizophrenia and other serious mental health issues, but who haven’t committed any crimes.

As with a Chronicle editorial the day before, Nevius took an overheated whack at progressives for not wholeheartedly supporting the measure: “Laura’s Law, which provides court-ordered mental health treatment for those individuals, is the kind of bold, breakthrough idea the city was once known to promote. But today, when it is considered by the Board of Supervisors, it will face an uphill battle. This is San Francisco at its worst, protecting small constituencies, worrying about legal consequences and letting lobbyists carry the agenda. It is an embarrassment for the city that used to know how to take a courageous stand.”

But none of that was true. The reality is that forcing treatment on mental health patients is an issue that divides that community and raises civil liberties concerns. This is an issue on which reasonable people can disagree, but Nevius’s column never aired that perspective, and it didn’t even mention that forced medication was an aspect of this law, so I asked him why and whether he understood that.

Nevius vehemently denied that forced medication was part of Laura’s Law, even though Dr. James Dillard from SF General Hospital had just testified that “medication is the single most important aspect of this care,” given that the patients involved are often exhibiting psychotic behavior, testimony on which Nevius took no notes and seemed to be playing with his phone during.

So I pulled out my own Iphone and quickly pulled up this recent article by the Chronicle’s Kevin Fagan, where the opening sentence defines the purpose of the law as “to compel the mentally ill to take medications.” Still, Nevius didn’t believe it, illogicaly quibbling over the definition of “compel,” and we stepped out into the hall to argue for a moment. There, representatives for the California Network of Mental Health Clients were gathered to oppose implementation of the law, distributing literature calling it, “an outdated, coercive, unproven, and divisive law that codifies involuntary outpatient commitment.” I left them to educate Nevius and went back inside, but after a few minutes he pulled me out to listen to one guy say that the law didn’t have strong enough teeth, thinking this supported his point. But when I asked point blank whether the law was about involuntary treatment, he agreed it was – and still Nevius wouldn’t relent.

Now, this is a complex issue, and Laura’s Law may actually be a good idea on balance. But rather than relying solely on horrific anecdotes of mentally ill people who commit crimes, as both Nevius and Alioto-Pier are doing, a smart and thorough legislative process will take into account a broad array of issues, including civil liberties concerns.

That’s what the progressive supervisors who Nevius tried to demonize did during the hearing, asking many questions for which Alioto-Pier didn’t have good answers. Dr. Mitch Katz, who runs the city’s Department of Public Health, the agency that would implement the law, opposes Laura’s Law but neither Alioto-Pier or Nevius could explain why in a way that made sense, and Katz was out of town during the hearing.

So rather than be pressured by these hyperventilating reactionaries, the board did the right thing and – over Alioto-Pier’s objections — delayed consideration of the item by two weeks, expressing support for the notion of improved pubic safety and mental health treatment, noting that the budget proposed by Mayor Gavin Newsom would have slashed mental health treatment services in the city, and asking for more information to reach a well-considered decision.

Nevius loves to paint progressives as wild-eyed ideologues who won’t listen to reason, but once again, this episode seems to show that it is this city’s so-called “moderates” that are most prone to going off on half-cocked ideological crusades using the most reactionary arguments.