Dogs

City Attorney says Jew must go

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By Sarah Phelan

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Things do not look good for beleagured Sup. Ed Jew. Today. City Attorney Dennis Herrera announced that the evidence against the rookie supervisor is “overwhelming,” as he waved a thick wad of documents at the running dogs of the media, during a filled-to-bursting press conference. These documents, said Herrera, establish that Jew did not lawfully seek or hold office, and therefore his office is actively seeking his removal.
Herrera made this announcements after four weeks of investigations that included interviews with three dozen neighbors who saw no signs that Jew was living at his Sunset District residence, either 30 days before Jew filed to run in the District 4 2006 election, or anytime thereafter up until the FBI raid in May, plus a compilation by the City Attorney’s office of utility, phone and tax records that underscore Jew’s almost complete absence from his D4 property.

Bars of mystery

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Sometimes you just want to get into trouble: drink too much, dance too crazy, see the sun rise on a workday, do some ill-advised flirting, steal a kiss (or more) in a bar bathroom, follow a shot of Patrón with a cocaine back. It isn’t too hard to get into trouble in this city, where the only rule seems to be that there are no rules (except that last call’s at two, sigh). But sometimes you need a little push — and a little unpredictability — to explore the outer reaches of your comfort zone. A few weeks here and you already know a hundred places to get your drink on: swanky places, divey places, places with good music or music so bad it feels good. It’s hard to remain anonymous, however, when you’re sipping Fat Tire and smoking spliffs on the same outdoor patio you visit every Friday, or ordering Maker’s on the rocks from the bartender who’s best friends with your last lover. And when it comes to enjoying a bit of mischief, anonymity is key. You need the unknown. A puzzle unsolved. A night stretching out before you whose story has yet to be written — the most important element being that its setting has yet to be, well, set. Which is where I come in.

Just call me Nancy Drink, Cocktail Detective. My mission? To scour the city for bars of mystery: those places you’ve passed but never entered, places whose very names are enigmas, and places so random, so hidden, so far away or just plain weird that you’ve never heard of them at all. The places where no one would think to look for you.

CLUB WAZIEMA


This story starts with the enigma that is the Western Addition … oh sorry, NoPa. Which is it? The "scary" neighborhood of yore? Or the latest example of gentrification? Judging by Club Waziema, a charming Ethiopian restaurant and bar that’s a favorite of locals and virtually unknown to everyone else, the answer is both. There’s something decidedly laid-back, eclectic, and a little low-key — that is, a little Western Addition — about the place, with its red and white velvet wallpaper, low lighting in front, and a back room with a pool table that feels more like a hostel rec room than a hipster bar. But the family-run business is keeping up with the neighborhood’s growth, and hints of NoPa are creeping in: for example, the menu of microbrews listed alongside Ethiopian imports (skip the malty stout if you’re not a fan of Old English 40-ouncers; try the harrar instead). Still, this place isn’t exactly on the scenester radar yet — and it’s better for it. You’re really here for the fantastic eat-with-your-hands food and the spot’s off-the-beaten-path, what-happens-at-Club-Waziema-stays-at-Club-Waziema feel.

543 Divisadero, SF. (415) 346-6641, www.clubwaziema.com

FORBIDDEN ISLAND TIKI LOUNGE


With a name like Forbidden Island, I figured this must be just the joint to get into delightful, delicious trouble. I wasn’t wrong. Sprouting from an otherwise quiet street was a beacon of bamboo and booze, with a thatched ceiling and a menu of fruity rum drinks organized by strength. Enough Banana Mamacows or Macadamia Nut Chi Chis and there’s no telling what one might do — maybe even something as daring as smoking on the back patio past 9 p.m., when a neighborhood noise ordinance necessitates its closure. Nahhh … this place is still a bit too tame, a bit too Disney-does-Hawaii, for such bold moves. But a young’un celebrating a 21st birthday with a drink in a bowl could certainly do some damage.

1304 Lincoln, Alameda. (510) 749-0332, www.forbiddenislandalameda.com

BOW BOW COCKTAIL LOUNGE


What a strange, strange place. Where Forbidden Island’s kitsch is calculated, Bow Bow’s is completely organic. The tiny Chinatown joint has the size, shape, and ambience of a lunch counter — white walls, neon, and all. It also has karaoke, which you wouldn’t even know until you heard some drunk fucks at the end of the bar singing "Bohemian Rhapsody" … oh wait, those drunk fucks were my friends and I. There’s no stage. The screen showing lyrics is suspended between the bathroom doors. And the only person there who can sing worth a damn is the man in charge of the karaoke book (with English and Chinese selections, by the way), with a voice like Harry Nilsson’s. Everyone else seems to stumble in already drunk and high, ready to do in public what they’d normally only do alone in their car.

1155 Grant, SF. (415) 421-6730

LI PO COCKTAIL LOUNGE


Could this be the Bow Bow’s older, more sophisticated, yet seedier cousin? Perhaps. It’s just up Grant, casting its crimson glow onto the street. Inside, an homage to Buddha punctuates the L-shaped bar. Extra booths and a back room hide from the foyer. The usual alcohol selection shares shelves with unfamiliar liquors in small bottles with wooden tops, the ingredients written in Cantonese. The house drink is the mai tai, which is the color of roses and tastes like sweet tequila. And on the night that I visited, there on a cracked red bar stool, watching Asian television on the flat-screen TV, was the karaoke man from the Bow Bow. Coincidence? Was he following me? Or is there really some kind of connection between the bars?

916 Grant, SF. (415) 982-0072

RADIO HABANA SOCIAL CLUB


Some of the best mysteries are those hidden in plain sight. Like Radio Habana, the hush-hush restaurant-bar nestled sneakily into a corner at 22nd Street and Valencia. Radio Habana has no sign — and it’s particularly obscured by some new construction on Valencia. But if you keep an eye out for the intentionally skewed windowpane and the metal cockroach pinned to the door, you’ll find exactly the kind of place where time stands still, where novels are written, and where stories worthy of novels are perhaps played out. The highlights? Dioramas featuring Barbie dolls, cockeyed pictures, framed homages to John Lennon and Kafka’s Metamorphosis, homemade sangria, and delicious Latin-inspired food (from a quaintly small menu) served on gorgeous, long, rectangular plates.

1109 Valencia, SF. (415) 824-7659

DOGS BOLLIX


There’s nothing about the name of this bar that sounds appealing. I don’t want to enter a dog’s anything, much less drink in it. The consonants alone, rolling around in your mouth, taste bitter. So the mystery is, why give a place such a name? And why go here at all? Turns out this Irish bar’s moniker is a version of the across-the-pond phrase dog’s bollocks, which means, roughly, "the best ever" (though it does also translate as canine testicles). And though it’s rumored to be overrun by Marina-type college kids and sometimes smell like urine, I found it delightful late on a weeknight: dark wood, frothy Guinness, a pool table, a large, long bar where you can chat with the friendly, attractive (though Scottish!) bartender, and small nooks for more intimate conservations.

408 Clement, SF. (415) 752-1452

HIDDEN VINE


It was a dark and stormy night … no, wait, that was the Dark and Stormy cocktail I had at Le Colonial across the street after trying — and failing — to visit the Hidden Vine, a place so very hidden that it wasn’t even open. Apparently there was "no hot water." A likely story. Surely something unseemly was going on behind those closed doors. Nothing like a wine bar in the dark to inspire criminal activity. But that would have to wait for another investigation. I was on a very particular mission and couldn’t be distracted by just any old cries from the city’s dark underbelly, even if it was an underbelly filled with pinot noir.

1/2 Cosmo Place (at Taylor), SF. (415) 674-3567, www.thehiddenvine.com

BARLEY ‘N HOPS


Barley ‘n Hops is the kind of place you’d never stumble on. You’d have to know it was there, tucked away on the second floor of the 55 Parc Hotel. It has bright lights and carpet and an airport-lounge feel. Also a sports theme, with Angels autographs on the walls, a Giants helmet on a pedestal, and televisions blaring news and sports. But I’m not fooled by such sterile-seeming ambience. I know this is a place to make secret deals, to order a hit, to plot the overthrow of an evil dictator. Or to down a few shots of Patrón and get out before I’m tempted to thwart a coup.

55 Parc Hotel, 55 Cyril Magnin, SF. (415) 392-8000

WOULD YOU BELIEVE?


The first time I drove by this bar, I was on one of those strange adventures involving interpersonal dynamics and unreal drama that can’t be written about in a nonfiction format. The kind of day when my answer was, "No, dear bar, I wouldn’t believe." So of course, I had to return to this Richmond enigma as part of my search for tippling treasure. What is it, I wondered, that the bar didn’t think I’d believe? Turns out it’s that the place is so … well … normal. A bit divey, a bit upscale. Ridiculously attractive bartenders juxtaposed with middle-aged clientele rolling dice on the bar and locals playing pool in the sunken foyer. Perhaps I also wouldn’t believe that I’d find myself there on a Wednesday, swing dancing to the Rolling Stones and sipping a fantastic mojito and an impressive Godfather (whiskey and something …) before seeing dawn on yet another workday. But now, I believe. I believe.

4642 Geary, SF. (415) 752-7444

PHILOSOPHER’S CLUB


Those in the know call it "the Philly." I knew it only as the lone beacon of light in the otherwise dark and quiet West Portal neighborhood near the tunnel. From its name, you’d expect an interior wreathed by curls of smoke rising from cigarettes held by fedora-wearing men discussing Nietzsche and Kant. But the place is much more like a neighborhood pub. Unpretentious. Friendly. Comfortable. The light hanging over the pool table resembled a ’50s surfer station wagon. "Why is it called the Philosopher’s Club?" I asked the bartender, who’s also the owner. His answer, appropriately Socratic: "Why not?"

824 Ulloa, SF. (415) 753-0599

BAR 821


"If you found us, do not tell others." That’s the Bar 821 golden rule, a rule just begging to be broken if you’re a spirits sleuth like Nancy Drink. The forced speakeasy theme seems painfully pretentious — until you actually visit the tiny NoPa (yes, folks, where Club Waziema is headed, Bar 821 has already arrived) haunt. The spot offers affordable champagne cocktails, plenty of Belgian beers, and a small, swank, but surprisingly unsnooty interior perfect for intimate conversations. Get there early, though. The place stops letting people in at 11 p.m. Whether the bartenders kick you out then, though, is a nightly mystery …

821 Divisadero, SF. www.bar821.com

Hit it or quit it

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Black White and Gray (James Crump, US, 2007) If Andre Téchiné’s The Witnesses colors the early ’80s red, this documentary about Sam Wagstaff (and by extension Robert Mapplethorpe) opts for a relatively bloodless palette. Though its voice-over shows class chauvinism in asserting that Patti Smith brought validity to punk, Black White and Gray perceptively uses its enigmatic subject as a window onto the changing role of photography within the art world. (Mapplethorpe’s objectification of black men is left uncriticized.) Crump brings in some excellent sources, such as Hanuman publisher Raymond Foye. He also brings in at least one horrible blabbermouth: spewing bitter opinion, historian Eugenia Parry deserves every hearty hiss she’s going to get from a Frameline crowd. The film ends on a flat note by allowing Smith to recite one of her pedestrian recent lyrics, but otherwise she’s a trustworthy and likable source on the relationship between Wagstaff and Mapplethorpe. Maybe the DVD version will bring more of her reminiscences and less of Parry. (Johnny Ray Huston)

June 21, 7 p.m., Victoria

DarkBlueAlmostBlack (Daniel Sánchez Arévalo, Spain, 2006). The term Almodóvarian is being thrown around these days with almost the same frequency as the term Hitchcockian (Almodóvar’s Bad Education was called Hitchcockian) and just as vaguely, but screenwriter-director Sánchez Arévalo’s DarkBlueAlmostBlack is Almodóvarian, resembling his postscrewball phase: it has melodrama without histrionics, likable characters doing absurdly unlikable things and vice versa, malleable (different from queer) sexuality, and near-incestuous family dynamics. The only thing missing is a hideously decorated apartment. In a world littered with the fruits of vacant and wild-eyed Almodóvarians (see — or don’t — Frameline 30’s unintentional disaster film The Favor), a disciple with some chops is cause for applause. Bitterly funny and narratively exciting — it toys with an amiable glibness that always comes back from the brink with devastating human emotion —Sánchez Arévalo’s dark but not quite jet-black comedy could be one of Almodóvar’s strongest films. (Jason Shamai)

June 20, 9:30 p.m., Victoria

Finn’s Girl (Dominique Cardona and Laurie Colbert, Canada, 2007). While other lesbians in the fest ponder whether to start a family, in Finn’s Girl conception is a fait accompli. How exactly it was accomplished is a bit of a mystery, but more pressing questions present themselves. One is whether Finn, a workaholic running a besieged Toronto abortion clinic and mourning the death of her wife, will get her head blown off by antichoice snipers — apparently, religious wingnuts live in Canada too. Another is whether she’s up for single-parenting the charming, precocious, enraged, and increasingly unmanageable Zelly, whose expressive 11-year-old eyes are particularly off-putting when narrowed above the smoke of a joint. Finn’s Girl covers a lot of terrain (grief, reproductive rights and technology, the travails of parenting, tween sexuality) with a fairly light tread, though Zelly’s scenes carry a particular charge of unpredictability. The result is a somewhat involving, sometimes sketchy picture of a family in transition. (Lynn Rapoport)

Sun/17, 12:30 p.m., Castro; Tues/19, 6:30 p.m., Parkway

Fun in Girls’ Shorts (various). Excluding Filled with Water, a smart, beautifully shot animation about a woman who falls for a TV-enclosed ballerina, and Succubus, a semicomedic film about a lesbian couple struggling to have a child, adolescent identity issues and anxieties constitute the major themes of this short-film compilation. With its attractively blurry cinematography, Pariah, about a 17-year-old black girl who keeps switching identities to please her parents and friends, is the most complete example of the suffocative effects that the suppression of one’s identity can have on a person, let alone a teen. (Maria Komodore)

Sat/16, 1:45 p.m., Castro; June 24, 11:30 a.m., Castro

Homos by the Bay (various). Though uneven, this program of shorts by local filmmakers does boast some standouts, including a stop-motion pair by Samara Halperin (who notably queerified Beverly Hills, 90210 in 2001’s Sorry, Brenda): the minute-long rhapsody on hot dogs, Plastic Fantastic #1, and Hard Hat Required, featuring two Lego men who do more than construction on the job. The Clap’s Gary Fembot uses his DJ skills for Mondo Bottomless‘s delightfully vintage pop soundtrack, a perfect match for its 16 minutes of cavorting men in bathing suits. And Nao Bustamante has a joyful punk-rock awakening in the black-and-white suburban fantasy The Perfect Ones. (Cheryl Eddy)

June 23, 1:15 p.m., Victoria

Jam (Marc Woollen, US, 2006). This is a fantastic, fascinating Roller Derby doc about Tim Patten, a local HIV-positive man who ferociously attempted to revive the sport after its virtual demise in the ’70s and, with it, the legendary Bay Area Bombers team. In San Francisco in the late ’90s, Bombers matches at Kezar Stadium were the hottest after-dark tickets in town, uniting swing revivalists, rockabilly fans, queer hipsters, and anyone into exquisitely goofy WWF-type antics but not into scary WWF crowds. Director Woollen takes us behind the scenes of those derby matches, delivering plenty of colorful history and personal drama (along with a few trade secrets) and uniting the disparate stories of the eccentrically flamboyant gang of wheel-heeled dreamers who signed on to Patten’s dream into a rollicking tale of subversive triumph. Now that’s a party. (Marke B.)

Mon/18, 7 p.m., Victoria

No Regret (Leesong Hee-il, South Korea, 2006). If you like movies about sexy orphans who become male prostitutes, you have at least two options at Frameline this year: Twilight Dancers and No Regret. Neither really addresses the issues it promises to (class politics, sex politics, et al.). But No Regret — essentially Pretty Woman for gay male depressives — is at least a better time at the movies. The South Korean film successfully tricks us into thinking its condom-thin melodrama is worthy of our tears, which is nothing to sneeze at. Just don’t expect to come out of the theater having unpacked the psyches of mopey Adonises for hire and their equally mopey rich lovers. (Shamai)

June 22, 10 p.m., Victoria

On the Downlow (Abigail Child, US, 2007) Some of the best pure moviemaking in this year’s festival can be found within this documentary by Abigail Child. Reflecting Child’s background as an experimental filmmaker, On the Downlow finds a lot of poetry and grit in urban Cleveland: a shot of a hooker moseying across the street and a sequence set at a barbecue are great examples of the poetry in motion that can happen when a talented woman with a camera looks at another woman. (Shot by men, these sequences would almost unfailingly be presented in a crude fashion or simply left ignored.) Of course, the main subjects here are men. Child also films them well, adding portraiture to talking-heads segments. On the Downlow‘s somewhat frustrating paradox is that it can’t really directly present its title subject — the guys talking here are either in love with DL guys who aren’t interviewed or they’re young gays- or bi’s-to-be taking awkward first public steps toward an out identity. (Huston)

June 23, 6 p.m., Victoria

Tan Lines (Ed Aldridge, Australia, 2006). The Aussie surfside ensemble drama has deep roots, stretching at least from preasshole Mel Gibson’s 1977 feature debut, Summer City, to last year’s superb, as-yet-unreleased (at least here) crime docudrama Out of the Blue. Landing somewhere between Gus van Sant and shark-bait territory, director Aldridge’s first feature focuses on the few days when 16-year-old surfer Midget (Jack Baxter) falls in first love — or at least first lust — with his best mate’s briefly returned, gay-disgraced brother, Cass (Daniel O’Leary). With its cannily used nonprofessional actors and streaks of absurdist humor, Tan Lines is an offbeat delight for half its length. The charm fades a bit thereafter, but this is still worth a look. (Dennis Harvey)

June 23, 3:30 p.m., Castro

Tick Tock Lullaby (Lisa Gornick, UK, 2006). Flirting with the idea of having a child and confronted with the difficult question of how to go about having it, Sasha (Gornick) and Maya (Raquel Cassidy), a lesbian couple living in London, set out on a sperm escapade. Inspired by the thought process that Sasha goes through as the couple’s hunt progresses, three additional stories emerge and intermingle, representing variations on the potential of becoming a parent. Shot with a beautifully fluid camera, Tick Tock Lullaby is an intimate, complex, and elaborate exploration of sexuality, relationships, and most important, parenthood. (Komodore)

Sat/16, 9:30 p.m., Castro

For more short takes on Frameline 31, go to www.sfbg.com/blogs/pixel_vision.

Pet projects

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› gwschulz@sfbg.com

"If you have men who will exclude any of God’s creatures from the shelter of compassion and pity, you will have men who deal likewise with their fellow men."

St. Francis of Assisi

His name is Sylvester. He’s quite handsome and charismatic, for a cat.

Sylvester is believed to be about eight years old, and the San Francisco Society for the Prevention of Cruelty to Animals has been his home since last July. He’s a simple domestic shorthair, with a jet-black coat aside from some snow-white blotches on his chest and left arm.

Also doing time at the SPCA is a slightly bashful orange tabby named Jitters, who has awaited a home since April. A long-haired tortie named Minna, with somber green eyes and a splash of umber on her nose, has been at the SPCA for a year and a half.

In many cities Sylvester, Jitters, and Minna would be on death row. In San Francisco they’re guaranteed a chance to live until they find a family, as long as they’re deemed adoptable by the SPCA and don’t develop a life-threatening disease or unmanageable behavior traits. They are the legacy of pioneering former president Richard Avanzino, regarded by most as the originator of the national "no-kill" movement.

Avanzino spent 20 years making the San Francisco SPCA a national leader in saving animals, including forging a pact with the city in 1994 to work toward guaranteeing every adoptable cat and dog a home, a remarkable promise during a time when few places across the nation were willing to make saving the lives of companion animals a priority. Most shelters euthanized tens of thousands of kittens, puppies, dogs, and cats every year to save space and money. Quite a few still do.

But after Avanzino left in 1998 to spread his no-kill philosophy nationally through the Alameda-based nonprofit Maddie’s Fund, the local SPCA has steadily retreated from the cutting edge. Rather than continuing to push toward the goal of saving all the animals, the two presidents who succeeded Avanzino have focused the organization on a private hospital project that has turned into an expensive boondoggle that’s sapped the organization’s energy and resources and angered the local veterinary community.

"San Francisco likes to say it’s the safest city in the United States to be a dog or cat," said Nathan Winograd, a widely recognized proponent of the no-kill philosophy and former director of operations for the SPCA, who left the organization in late 2000. "That is no longer true. There are other cities that are doing much more in terms of lifesaving. That’s one of the reasons I chose to leave San Francisco."

The SPCA’s eighth president, Jan McHugh-Smith, finally arrived in April after the shelter had spent nine months with an interim head, and the question now is whether she can turn this troubled yet still revered organization around.

Only in recent years have cities nationwide begun enacting policies intended to stop — or at least dramatically slow — the senseless slaughter of animals that are the defenseless victims of the public’s love of adorable newborns and specialized breeds. That trend started in San Francisco.

Avanzino calls welfare groups like the SPCA "safety valves" that relieve pressure on animal control officers and traditional municipal shelters. In an editorial last year for Maddie’s Fund he wrote that saving healthy and treatable shelter pets is the "minimum no-kill standard" and that communities today should strive to go beyond no-kill.

"Tompkins County, New York is a case in point," he wrote. "The Tompkins County SPCA maintains a 92 percent live-release rate. It saves all of the county’s healthy and treatable shelter pets and feral cats. Should this be our life-saving goal? I think it should."

Tompkins County, it turns out, is exactly where Winograd went after leaving the San Francisco SPCA in frustration. "When I left, we just had to save 500 or 600 more treatable dogs and cats every year, and we would have been just about there," Winograd said. "We were a whisper away."

Edwin Sayres, who succeeded Avanzino as president, told the shelter’s board of directors that the SPCA could remain in the vanguard of reducing pet overpopulation and saving abandoned animals while at the same time building a prestigious, state-of-the-art veterinary hospital that would rival one of the few other comparable facilities anywhere in the United States, Angell Memorial Hospital in Boston.

The Massachusetts SPCA, however, spends millions of dollars more each year simply running its three Angell facilities than the San Francisco SPCA’s entire budget. Originally expected to cost just $15 million, the price tag of the latter’s Leanne B. Roberts Animal Care Center has now shot to $32 million. The SPCA will finally break ground on the new facility in October.

Critics feared the hospital idea was a potential disaster, and they complained that the nonprofit had become top-heavy under Sayres. They pointed to the shelter’s money trail, detailed in its required annual tax-exempt disclosure forms, to emphasize where they believed the shelter’s priorities now rested.

While earning $200,000 a year in salary and benefits, Sayres created new executive positions that cost the shelter hundreds of thousands of dollars more in compensation than was spent during Avanzino’s tenure. That might not have seemed like such a big deal in 1997, when the nonprofit was taking in several million dollars more in donations from the public than it was spending to cover operational expenses.

But by the end of the 2002 fiscal year, when donations to the SPCA and many nonprofits were lagging, the shelter had fallen $2 million short of covering its $14 million in expenses, which had climbed by the millions annually.

At the same time, the city failed to reach its goal of releasing alive 75 percent of the animals it impounded; 2,075 animals were killed that year for a variety of reasons, according to city records. The SPCA also missed its target that year for the number of animals it would take in from the city’s municipal shelter and make available for new homes through its unique adoption center.

Meanwhile, several cities across the country were embracing the no-kill cause, inspired at least initially by San Francisco’s example. They did so with considerable help from Winograd, who worked briefly as a Marin County prosecutor before traversing the nation to help shelters come as reasonably close to no-kill as they could.

Tompkins County; Charlottesville, Va.; and Reno are all boasting live-release rates of around 90 percent after promising to find homes for adoptable and treatable animals, the latter a key category that includes animals with behavior problems, serious illnesses, and injuries that require extra care.

In other words, as San Francisco struggled to maintain its sense of direction, other communities began to implement and even redefine the meaning of no-kill. San Francisco has averaged a 70 to 80 percent save rate annually for several years — and the difference between this and what Winograd and others have hoped for the city of St. Francis means hundreds of animals being killed each year.

While avoiding any searing critique of the shelter, Avanzino told the Guardian that he perhaps would not have promoted the hospital scheme. However, he said, plenty of his own bold ideas at the SPCA once made him a target of criticism, like the shelter’s posh $7 million adoption center, composed of 86 kitty condos and doggy apartments.

"I know it sounds like I’m ducking the issue, and I am," Avanzino told us. "But the bottom line is that new leadership and the policy makers for the organization believe with everything in their being that this is an important next step for the San Francisco SPCA and [that] it is going to do more to help the animals. They have not kept me in the loop."

Nonetheless, when Sayres led the nonprofit, between 1999 and 2003, it spent at least $1.7 million just on architects and veterinary consultants moving the planned hospital forward. Meanwhile, programs like humane education and law and advocacy, the latter at one time a half-million-dollar program, saw deep cuts in their budgets or simply shriveled up and disappeared altogether, while public relations and promotional expenses retained brisk support to the tune of at least $1 million annually for several years before those expenditures were finally trimmed too.

Further, the shelter’s 17-member board of directors granted Sayres a $400,000 home loan and gave him 30 years to pay it off, although he cleared the debt before leaving for a new job in June 2003 at the American SPCA, which is independent of the San Francisco SPCA.

As the summertime explosion of kittens loomed in the spring of 2003 and Sayres prepared to leave, he sent an e-mail to the SPCA’s nearly 1,000 volunteers blaming the economy’s ongoing downturn and a 10 percent drop in public donations for the shelter’s money woes. The jobs of at least 15 employees were cut, and others were merged into one, including two major volunteer-coordinating positions.

In e-mails circuutf8g at the time, copies of which we’ve obtained, volunteers agonized over whether to inform the press of what was going on internally, nearing the point of insurrection over cuts in shelter services — including a one-of-a-kind dog behavior and training program. The truth, some feared, would turn donors away. Some argued that executive salaries should be trimmed to save money before ground-level staffers were dispatched with pink slips. Others were furious over the planned hospital’s burgeoning costs.

"I certainly think a new center is exciting and overdue," a volunteer wrote to Sayres. "But it annoys me [to] no end to see billboards all over the city about the center and nothing about the situation we’re in."

Sayres never responded to several detailed questions sent to him by e-mail and was unable to make time for a phone interview. But he admitted in a 2002 San Francisco Business Times story that he’d "tried to move forward with my vision too quickly."

"I should have taken more time to listen and absorb the culture," Sayres said in the story. "Now I’m more mindful of the contributions that people have made here over the decades."

New president McHugh-Smith insists the shelter can still balance the hospital plan’s most recent incarnation and a continued focus on the agency’s raison d’être: preventing cruelty to animals.

"One thing I’m really proud of is our hospital provides one and a half million dollars’ worth of charity care to homeless animals and people who can’t afford veterinary care for their pets," McHugh-Smith said. "What a critical service for this city. There are a lot of people here who can’t afford the care their animals need. They shouldn’t have to give up their pets for that."

Recent troubles aside, even the SPCA’s fiercest critics contend that much of the nation still lives deep in the shadows of its extraordinary achievements.

The San Francisco SPCA was officially chartered in 1868 as the first humane society west of the Mississippi River. But more than a century later, in 1978, its leadership had grown tired of the organization’s serving dual roles as a killer and a savior of animals.

Backing out of its long-standing shelter contract with the city meant losing more than a fifth of its annual budget, but then-president Avanzino felt the group’s agenda no longer fit with the city’s mechanized handling of hapless animals. Thousands were still being killed by the city each year.

"For 101 years, the reputation of the SFSPCA was, ‘That’s the place where animals are killed,’" Avanzino said in a 2000 interview he gave to Maddie’s Fund. "That was not the purpose of our organization. You can’t be the animals’ best friends and be their principal killer."

The city was forced to create a separate municipal shelter, known today as the Department of Animal Care and Control, which cites abusers, seizes dangerous dogs, and maintains its own adoption program. The SPCA then proceeded to vastly expand its spaying and neutering services, particularly for juvenile animals, as well as its medical facilities and treatment for animal behavior previously regarded as severe enough to warrant a trip to the death chamber, in which dozens of animals were killed at once. A technician withdrew oxygen from a decompression room until they died.

The SPCA led the way in taking animals waiting for adoption out into the community, and while some early skeptics feared mobilized adoptions would inspire impulse buying and high turnovers, many groups nationwide started to follow Avanzino’s lead after seeing how well it worked here.

On its sweeping Mission property at 16th and Alabama streets, where the SPCA has been located for almost a century, the shelter did away with cell-style kennels, which encourage erratic behavior and reduce the chances that an animal will find a home. In 2004, the most recent year for which figures are available, the city found homes for 4,500 dogs and cats, with the SPCA handling three-fourths of those adoptions.

And guaranteeing homes for cats and dogs defined as adoptable, let alone those who are arguably treatable with the right commitment of energy and resources, was almost unheard of in the mid-’90s, when San Francisco made its promise. Under San Francisco’s agreement with the SPCA, animals considered adoptable include cats and dogs eight weeks and older, those without "temperamental defects," and those not suffering from life-threatening diseases or injuries.

However, while a 100 percent adoption rate is probably not possible, Winograd and others worry that the bedrock of the nation’s no-kill movement has failed to reach its full potential since Avanzino left, and they say the San Francisco SPCA could at least aspire to a save rate of more than 70 to 80 percent.

"I think the agency went through some times they weren’t used to, not having a long-term leader that really understood the history of the organization and the goals of the organization," Carl Friedman, director of Animal Care and Control, said of the SPCA. "But that happens everywhere. I think it took a little bit of a toll on the organization."

Friedman worked at the SPCA for several of its most memorable years before moving to the city’s municipal shelter in 1988, after the SPCA relinquished its role as the proverbial dogcatcher. He says that most euthanized animals in San Francisco are cats and dogs struck by automobiles or those suffering from parvovirus and distemper, both preventable with early vaccinations.

It’s worth noting that the agreement between Friedman’s office and the SPCA forbids each of them from speaking critically of the other, and many of the people we talked to balked at speaking on the record.

"People are afraid of getting sued, and they’re afraid of what will happen," Winograd said. "There are people in San Francisco who need these agencies. They’re not willing to be forthright, because they’re afraid. I’m a lawyer, so anybody who wants to sue me, good luck. But the truth is the truth."

The shelter’s problems that started under Sayres continued under his handpicked successor, Daniel Crain. And they reached a zenith in August 2004 when one of the SPCA’s leading veterinarians, Jeffrey Proulx, committed suicide in horrific fashion, delivering a psychic blow to longtime SPCA volunteers and staffers.

The morning Proulx was discovered, a Marin County coroner found an empty box of Nembutal injectable solution on the kitchen counter of his San Rafael home. Nembutal is a barbiturate used in physician-assisted suicides, but it’s also used to euthanize animals, and a bottle of it was missing from the shelter’s medicine cabinet the day Proulx died.

Proulx was the hospital’s chief of staff and was overseeing the expansion project. The task was apparently wearing him down, and on the day of his death, he threatened to resign.

Groundbreaking was supposed to occur in 2004. Then 2005. Then 2006. In the meantime, a private animal hospital providing 24-hour emergency care — San Francisco Veterinary Specialists — moved into the neighborhood, just blocks away, casting doubt on whether the facility’s service load could justify the project.

After Proulx’s death, the SPCA announced that it had chosen another architectural firm to take charge of the hospital: Rauhaus Freedenfeld and Associates. By then the organization had spent nearly $4 million on veterinary consultants and architects, according to tax records, and even today hardly a single wall has been erected.

A previous architecture firm, ARQ Architects, which designed the shelter’s adoption center, has earned more than $2 million from the SPCA since 2000, but there’s no telling what happened to any of the designs the firm crafted. Nonetheless, according to the shelter’s newest tax records, provided at the Guardian‘s request, Rauhaus was paid more than $500,000 last year, and another $330,000 went to a project manager, CMA. A new veterinary consultant was paid $90,000 last year as well, after a previous consultant, Massachusetts-based VHC, was paid at least $925,000 over a three-year period.

After Proulx died, Crain lasted just two more years as president. He left last August, and attempts to reach him at various phone numbers, a fax number, and a last-known San Francisco address in Bernal Heights were unsuccessful.

Crain joined the shelter in 1999 as a human resources director but quickly — despite little evidence of nonprofit management experience and only a brief stint running human resources — became the SPCA’s vice president under Sayres, earning well into six figures. In 2003, after Sayres’s departure, he became the SPCA’s top administrator following a board vote, which brought his compensation to more than $200,000 a year.

Ken White, director of the Peninsula Humane Society, said he never forged the bond with Crain that he did with the leadership of Marin County’s municipal shelter and its major East Bay animal welfare counterpart. White worked for nearly a decade at the SPCA, until 1989, when San Francisco created the separate animal-control entity that exists today.

Although reluctant to speak critically about the SPCA, White explained that the Peninsula shelter treats about 1,000 injured wildlife animals from San Francisco annually under a very modest contract with the city that’s nowhere near enough to cover his costs. The SPCA focuses primarily on cats and dogs, and the Peninsula shelter has more space.

People like Winograd, who now directs a nonprofit in San Clemente called the No Kill Advocacy Center, say the shelter’s campaign to build a modern but almost prohibitively expensive hospital diverted funds away from "God’s work": caring for animals so they may be adopted out.

"I didn’t feel the city needed another specialty hospital," Winograd said, "and my fear was that the energy and dollars and all the effort that would be put into the hospital would pull the agency away from its core mission of patching together the sick and injured dogs and cats."

"They still think that’s the next big thing," said Karin Jaffie, a former public relations coordinator and longtime volunteer. "For the cost of the hospital, you could have trained a lot of people’s dogs or spay-neutered the city’s pit bull population for free."

An early plan for the hospital included 24-hour emergency care and critical services like oncology, cardiology, and neurology — services that shelter execs argued pet owners would never pursue otherwise to help save their animals.

Yet the plan had a significant catch: it called for aligning the hospital’s nonprofit component with a for-profit network of veterinary specialists who would lease space inside the facility and help cover its overhead by paying some of the utility bills. Private specialty veterinary care was among the fastest-growing segments of the industry at the time, and the SPCA’s eager citywide promotional campaign for the hospital raised the ire of private vets working in the Bay Area, including their industry group, the California Veterinary Medical Association.

McHugh-Smith admitted that "after much evaluation" the complex for-profit plan was scratched completely, and the shelter had to more or less start over after spending millions. "It wasn’t going to help our mission, so that project was put to rest," she told us.

Not everyone was quick to offer a negative opinion of the shelter’s past leadership. Kelley Filson, a former humane-education director, said that all nonprofits experience periodic lulls in funding and that her program was never short of the resources it genuinely needed to help Bay Area youth understand why it’s necessary to treat animals humanely. Like in K-9 behavior training, she says, SPCA supporters should focus on the shelter’s historic milestones.

"It was not a direct-care program," Filson said of humane education, which endured budget cuts in recent years. "When there are 10 puppies that need medicine and treatment, that’s a very immediate need, so I think that people [misunderstand] when an organization has to look at the immediate needs of suffering animals versus education goals. Until you’re in the position of running that organization, you don’t often understand the decisions that are being made."

Skepticism aside, the shelter’s existing 70-year-old animal care hospital, where it treats injured and abandoned animals, could certainly benefit from a makeover. It still provides a range of services for a relatively minimal fee, including limited emergency care for the pets of some low-income San Franciscans. In 1978 the shelter’s spay-neuter clinic was the first in the nation to provide the service at a reduced cost, and it continues to alter feral cats brought in by a citywide network of caretakers for free.

"The demands on that hospital have grown large over the years," McHugh-Smith said. "Our surgical [unit] is on the second floor, and we have to carry the animals upstairs…. It’s just not very efficient or effective any longer."

The emergency and specialty hospital San Francisco Veterinary Specialists now does what the SPCA originally hoped to. Previously at odds with the SPCA’s for-profit scheme, the private vets will now donate certain specialty services that the SPCA isn’t able to cover under its current plans. Dr. Alan Stewart, a founder of SFVS, told us they’ve already helped several animals.

Construction on the Roberts Center is slated to begin in October. McHugh-Smith promises the new plan will enable San Francisco to expand its definition of a treatable homeless animal by expanding the range of treatment the city can administer. Now the $32 million will go toward simply renovating a massive warehouse on the shelter’s campus and giving its current facility another 40,000 square feet of space. The feral cat project, which today operates out of a former lobby, will get its own designated area, and McHugh-Smith says the shelter will also act as a university hospital where veterinary students can learn to treat the approximately 25,000 animals that pass through annually.

McHugh-Smith, the shelter’s first female president, has worked in animal welfare for more than two decades. She spent 12 years as CEO of the humane society in Boulder, Colo., and built that city’s live-release rate up to 86 percent.

Because of the Bay Area’s supercharged political tendencies, she faces constant and varying obstacles. Wildlife supporters loathe the SPCA’s long history of backing feral cat populations and off-leash dogs on federal parkland such as the Golden Gate National Recreation Area.

Even the phrase "animal welfare" is politically loaded — it’s often used specifically to separate pet lovers and the wealthy benefactors of big nonprofit shelters from "animal rights" factions perceived as too radical. Plus, there’s the fact that higher save rates translate into greater challenges in dealing with the final 20 or 30 percent of animals, which can require treatment before being adoptable.

"The higher you get, the more difficult it gets, and the more resources you need," McHugh-Smith said of the city’s save rate. "Hence, the hospital is going to be a really critical part of that."

Avanzino says San Francisco could still do a much better job presenting records to the public of which animals are killed and why. Are hyperthyroid or feral cats untreatable? Are otherwise healthy pit bulls made "unhealthy" merely by irresponsible owners? For years, transparency in terms of what constitutes a treatable or healthy animal has been a major tenet Avanzino has advocated.

"If we’re really going to empower the public to be part of the solution and see that the job gets done, we’ve got to give them the data," he told us. "Are the dogs and cats that we call family members getting justice from us? If not, then we have failed them, and in San Francisco that should never happen. It’s the city of St. Francis." *

Hole in the street

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› news@sfbg.com

It was warmer than usual that Saturday morning in Golden Gate Park. Peter Cummings woke up behind a bush, took his shirt and shoes off, put on his headphones, and staggered down the hill with a bottle of whiskey and a big smile on his bearded, dirt-stained face. He sat down on the bench at Stanyan and Hayes and greeted passersby in his usual charmingly rambunctious way. For the past seven years, this had more or less been his daily routine.

The only thing that made this day different was the food and the heroin. That morning Cummings skipped breakfast. He usually went to the corner deli to buy some bread and soup, but not this particular Saturday. Then, around 2 p.m., a couple guys walking down the hill found Cummings convulsing in a quiet nook behind a fallen log. One of them gave him CPR and a Narcan shot, and a couple others ran across the street to St. Mary’s Medical Center to get the paramedics. But it was too late.

Hundreds of homeless people die every year in San Francisco, and many of them leave our world silently and with little impact on the city. But the loss of this particular alcoholic, bipolar, homeless man changed the landscape of one San Francisco neighborhood. As Gavin Newsom’s administration aggressively pursues its 10-year plan to abolish chronic homelessness, this man’s legacy shows how someone living in the park may actually be a good thing — if not for himself, then at least for the community.

"He watched out for me," Cirrus Blaafjell, who lives in the neighborhood, told the Guardian. "Some of the guys would harass me when I came out here at night to walk the dogs, and Pete would yell at them, ‘Leave her alone. She’s a nice person!’" When University of San Francisco student Amanda Anderson was followed through the park one day by a seedy character, Cummings launched his own inquiry. "Who tried to hurt Amanda? I’m gonna beat his ass when I find him!" Cummings yelled into the trees.

Even certain city officials agree. "He did seem to keep all the other drunks in line," Officer John Andrews of the San Francisco Police Department told us. "A lot of times when we had a problem, he’d come around and say, ‘Hey, Andrews, we’re taking care of things. Don’t worry.’ If someone was really intoxicated, he’d take them into the bushes. And he never argued with anyone."

The federal Department of Housing and Urban Development considers people to be chronically homeless if they’re alone, disabled, and have been sleeping on the streets or in shelters for a year straight or intermittently for three years. Newsom’s initiatives aim to put all 3,000 chronically homeless residents of San Francisco into permanent homes by 2014. "It’s a concept based on Malcolm Gladwell’s Tipping Point," Angela Alioto, the chairperson of the 10-year plan, explained. "If you take care of those who are the most chronic and use the most resources first, you will tip the scale of the whole problem."

But the Coalition on Homelessness, a nonprofit advocacy group, disagrees. "The phrase chronically homeless is misleading," director Juan Prada told us. "Chronic makes you think of general health issues, so you create an impression that homelessness is a condition. We see homelessness as a systemic failure to address poverty and the lack of housing."

Cummings, who lived in the park for the past seven years, was definitely chronically homeless. But had he survived another seven years to see the mayor’s initiative come to fruition, he may not have ever accepted the helping hand. "I live here by choice," Cummings once told me. "I have money, I have a place to go. I just like it here."

The corner of Stanyan and Hayes is almost never quiet. Belligerent drunks, ambulances speeding to the emergency room half a block north, and road-raged drivers blaring their horns at a badly designed left turn are part of the daily ruckus. Cops show up regularly. "People would call us about trash and shopping carts or about drunks yelling and screaming and fighting each other," Andrews told us. "And you have all types of guys up there in the horseshoe pit."

Hidden amid the trees in the northeast corner of Golden Gate Park, the horseshoe pit is known as a gathering place for hardcore drug users. Nothing remains of its original incarnation except some rusty equipment and a faded life-size mural of a horse. Today it’s a haphazard jumble of used needles, sleeping bags, and seedy characters often too messed up to talk. Despite having this hub as his home, Cummings stayed relatively drug-free for the past four years. And between his Veterans Affairs and Social Security checks, he was bringing home about $3,000 a month. Instead of paying rent, Cummings used his income to buy liquor for himself and food for everyone in the park. "Where does all my money go?" he used to ask people walking their dogs as his friends munched on hot dogs and piroshkis on the grass behind him.

"He used to buy cartons of milk and leave them quietly next to people who he thought would need it," remembers Jerry, a 52-year-old chronically homeless man and one of Cummings’s best friends.

Cummings kept his past well hidden from his park friends, but when he died, dozens of people in the Upper Haight–North Panhandle area came out with stories about him from the past two decades, back to a time when he was sober, happily married, and a model member of the community.

"People used to call him the mayor of Cole Valley," said Jacob Black, a cab driver. "He knew everybody in town."

Cummings was born in Melrose, Mass., on March 11, 1954. He lived there with his parents and two siblings until his father, an engineer at a forklift company, was transferred to Oregon in 1971. "[Peter] picked on me a lot, but I always outsmarted him," younger brother Rick Cummings, who is a sales rep in the health care industry, told us. "It was a typical brotherly thing." Cummings joined the Coast Guard at age 20 and developed a lifelong love for the ocean while stationed in Hawaii and Guam. He was honorably discharged in 1978 when he injured his knee on an open hatch cover.

For the next couple years, Cummings wandered around Northern California, growing pot and mushrooms in the mountains and sleeping on the beach. "He always attacked me for my middle-class, suburban lifestyle," Rick says. "He never wanted that." For most of the ’80s, Cummings lived under a seedy bridge in downtown Portland, with a heroin addiction and early symptoms of bipolar disorder. He ended up in San Francisco, where he decided to give sobriety a shot. As Rick said, "He had it together enough mentally to know that he had to either get cleaned up or die."

Once in San Francisco, Cummings took lithium for his bipolar disorder, joined Alcoholics Anonymous and Narcotics Anonymous, and by all accounts stayed sober for almost 14 years. For the first time in his adult life, everything was going really well. He got married to a beautiful Peruvian woman, rented an apartment in Cole Valley, bought a used Jaguar and a Boston whaler, which he took out for salmon fishing in the bay, and was constantly surrounded by a solid group of friends. He even worked as a drug rehab counselor at the Haight Ashbury Free Clinics.

Cummings was known among AA and NA circles as a handsome, spiritual role model with a killer sense of humor who always brought fresh fish to barbecues. "When I got sober, I was living on the streets and hated life," friend Dana Scheer says. "Pete reached out to me as he did to countless people. He was like a sober guru to me — I knew him as a very stable, rock-solid person."

Then, around 1998, things started to go downhill. His AA sponsor died of cancer; his wife left him; and the VA screwed up his bipolar meds. Cummings became increasingly isolated. He stopped attending meetings and moved out of the Haight, first to work as a building manager in SoMa and then to pursue a love interest in Mill Valley. "I went over to visit him one day, and he was drinking Coors," Scheer says. "This was my mentor from AA, so it was a little bit shocking." When Scheer left that evening, Cummings gave her a few of his belongings, including a stack of blankets. "I thought that was significant, because he always took care of me," Scheer says. "Blankets symbolize warmth and comfort, and he had always given me that. That was the last time I saw him before he ended up on the street again."

Cummings returned to the Haight around 2000, but this time he was drunk and high and incoherent. "When you’re that kind of addict, you don’t just start drinking a little wine," Scheer says. Cummings eventually ended up at the horseshoe pit, where he was reunited with some old AA friends who had also relapsed. And that’s where he lived for the last seven years of his life.

Despite recent city efforts to abolish camping in Golden Gate Park, Cummings continued to live in the bushes, often changing location to avoid getting caught. "It’s completely illegal for people to live in the park," Rose Dennis, director of communications at San Francisco’s Recreation and Park Department, told us. "But if you’ve been on the streets for seven years, you become resilient."

Alioto told us she has no problem with homeless people not wanting a roof over their heads. "If a person truly wanted to live on the street, there is nothing we can or should do," she told us. "They have a constitutional right to live and travel."

On the outside, Cummings the homeless guy was nothing like Cummings the sober guru, but he continued to help people with drug and alcohol problems. "Peter helped a lot of kids get out of bad situations," Jerry told us. "He was in the Coast Guard, so he knew all the vital signs. He saved a lot of lives, including mine — twice. I owe him a pair of Levi’s from the time I bled all over his after falling down a 30-foot cliff."

Cummings apparently overdosed just a few feet south of the horseshoe pit that had seduced him back into this lifestyle. The week after Cummings died, the Hayes entrance of Golden Gate Park was eerily quiet. "The park is like a cemetery," Jerry said with tears in his eyes. "Everyone’s walking around like corpses." His homeless friends scattered to mourn the loss of a friend and source of nourishment in their own way. "When you’re living on the streets, people are dying left and right," Scheer says. "And when that happens, you just want to get loaded and forget about everything."

Residents of the North Panhandle didn’t have a reason to stop here anymore either." I used to sit on the bench and just talk to him," Christian Blaafjell says. "He was crazy, but he was great. I miss him." Even Andrews is well aware of the impact Cummings’s passing will have on the community. "He was the leader of this pack," he says. "I don’t know what’s going to happen to these guys over here." He pauses. "Hopefully, they’ll leave."

The sight of Cummings limping down Hayes Street might have looked bad for the city, but the services he offered to its most fallen people were indispensable. "Maybe he was just doing his job," says James Warren, a friend from Cummings’s AA days. "Maybe what he learned from the program, he took to the streets. Pete took his legacy, generosity, love, and compassion back to the streets so that they might know that there was a better place and that he’d been there. I know I wouldn’t have made it through if it wasn’t for him." *

Peter S. Cummings died May 5 in San Francisco. He is survived by his parents, Richard and Nancy; his sister, Pam; his brother, Rick; and dozens of friends.

Ed Jew throws a one-two punch at the PUC–then flies to China

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Jewsmall.jpg
Guardian photo of Ed Jew by Charles Russo
By Sarah Phelan
Before leaving the country at 1am this morning for the home of his ancestors, beleagured Supervisor Ed Jew managed to find time–in between luggage packing and driving to the airport–to dash off a letter to City Attorney Dennis Herrera, requesting an inquiry into “the apparent willful disclosure of confidential personal information by an employee or employees of the Public Utilities Commission.”

Wow. We knew that Jew wasn’t a big fan of the PUC, as witnessed by his ultimately unsuccessful 2005 battle against sewer, water and garbage hikes. But who knew that the supervisor, who is being investigated by the FBI for demanding money from a tapioca bubble drink shop chain in exchange for mucho cash would end up accusing the SFPUC of releasing cherry picked information to the running dogs of the press to make him look bad. Hot diggitty!

Istanbul May 11, 2007

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By Bruce B. Brugmann

CNN today was drumming on with news of Tony Blair going and Gordon Brown coming in as prime minister of Great Britain. The Turkish Press was reporting that the national elections here had been moved up three months to July 22, and this surprised the political parties, who were alarmed and said they were forced to bring in the professionals to help them carry on effective campaigns during the short period left before the election. The Turkish Daily News, Turkey’s English daily, reported that there was no space left on the TV stations or on the billboards and that campaign ads would be competing with ice cream manufacturers.
On the plane coming in, Spiro Vryonis sat next to associate pubublisher Jean Dibble and filled her in on the elections from his perspective as a Byzantine scholar. Vryonis, retired director of the center for the study of Hellenism in Sacramento, told her that Prime Minister Recep Tayyip Erdogan supported his Foreign Minister Abdullah Gul for president. “They get along like two dogs until someone throws a bone between them,” he said.
Meanwhile, I found good advice in Time Out Istanbul, the city-living guide in English. It wrote about the art of Keyif, which translates as “a pleasurable state of idle relaxation.” The article said that Keyif has been honed down to an art form by the Trurks and laid out 10 ways of experiencing Keyif the Turkish way. My favorite was the idea of walking aimlessly along the Bosthorus, the body of water seperating Asia from Europe. It said that “you’ll be surprised how relaxing the Oriental art of walking around with no destination is.” The 58th International Press Institute world congress and general assembly starts tomorrow. So I think I’ll spend the rest of the afternoon doing Keyif. B3

Disorientation

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› le_chicken_farmer@yahoo.com

CHEAP EATS The closest chicken fried steak to my shack is at the Route 1 Diner in Valley Ford. You probably know it, if you’ve ever been to Bodega Bay. And if not, what the fuck? The Sonoma coast has the prettiest beaches in the world. Surfers don’t like it because they get eaten by sharks, but, other than that …

Anyway, I’m not a beach reviewer.

Two chickens, like I said. That’s all the chickens I have left is two chickens. One lays eggs, and the other one eats them. Or: tough times for a chicken farmer. Oldest trick in the book is to suck the egg out of an egg, then fill it up with Tabasco sauce and put it back in the nest.

But I treat my chickens with a little more respect, I like to think, than most backyard farmers. Instead of Tabasco sauce, I’m whipping up a little roux — butter and flour — then adding onions, fresh jalapeños, tomatoes, and hot sausage. Season to taste, and this way if the oldest trick in the book doesn’t trick her out of the nasty habit, she’ll practically already be jambalaya.

One way or another, I’ll be eating lunch again in no time, by my calculations. But right now I’m still eating breakfast because it’s only 10:30. And I’m all-the-way out of money, so I have to put it on the card, but there’s a $10 minimum, so I have to have coffee too, even though I’m already overcaffeinated, and therefore I can’t stop writing on napkins.

Guess what. Now that I ain’t getting any at home, I can order eggs in restaurants again! Chicken fried steak and eggs ($8.75). Route 1 Diner, Valley Ford, on the way to Bodega Bay — for you. For me, it’s on the way to the city and back.

The eggs are not as fresh or as free-rangy as I’m accustomed to, but the chicken fried is great. Big, thick slab of cubed steak in a nice, crispy breading, draped over a mound of hash browns and just drowned in gravy.

Speaking of which (gravy), Satchel Paige the pitcher was here with his little Thai fambly, and his big American fambly threw a little picnic party for him recently. In Sacramento! So even though I didn’t get to ground out weakly to second against him, or eat no all-you-can-eat sushi with him, or laugh at his little tiny daughter for almost choking to death on cantaloupe instead of chicken bones, I did get to see my old big old friend, and hug him and stuff. And talk about how good the chicken wings were, just like in the good old days.

Except this time I was in Sacramento, which can be very disorienting. Warmth. Mosquitoes. Fireworks. A keg. And when I got back to the Bay Area, you’re not going to believe this, but I swear to you there was a small, compact car on fire at the MacArthur Maze, on the ramp from West 80 to South 880. Couple fire trucks, police, flares, one lane open, and traffic slowed some but not too bad because it was one in the morning, or at any rate after midnight.

Went to sleep in West Oakland, and by the time I woke up, in West Oakland, the media had blown the whole thing entirely out of proportion. Other people had to have seen this. Right? I swear, it was an old Pinto, slapped on the ass, or something. No big deal, a little campfire fire, they were roasting hot dogs and marshmallows.

And by four in the morning it wasn’t a Pinto anymore, it was an oil tanker, spun out and exploded. And the freeway had melted and collapsed and the MacArthur Maze as we know it was no more, snarling traffic all day, affecting the travel plans of generations to come and just generally ruining everything.

You’da thunk I’d have heard something like that right outside my window. Big rig goes boom, couple football fields of freeway crashing down, sirens, states of emergency, and so on. Yeah, right.

My point being: damn, those were some damn good chicken wings! Eh, Satch? To knock me out that hard. I must of ate about a bucket of them myself. And if I knew the name of the Sacto deli that battered and fried and buttered and hot-sauced them, I’d review it.

But I don’t, so … *

ROUTE 1 DINER

Mon. and Wed., 6:30 a.m.–7 p.m.; Thurs.–Sat., 6:30 a.m.–7 p.m.; Sun., 6:30 a.m.–5 p.m.

14450 Route 1, Valley Ford

(707) 876-9600

Takeout available

No alcohol

MC/V

Wheelchair accessible

Nude beaches

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› culture@sfbg.com

In 1967, Northern California gave birth to America’s first nude beach, at San Gregorio, near Santa Cruz. Now, 40 years later, there’s great news coming from the sand: in the biggest surge in more than a decade, clothing-optional beaches and other skinny-dipping sites are booming once again. Check out our miniguide below. And in the near future, visit an expanded version on the web that includes our unveiling of a pristine cove near Capitola and directions to a place where you can take a naked full-moon hike.

The one bummer? The popular Red White and Blue Beach, in Santa Cruz County, is closing in the wake of the retirement of owner Ralph Edwards.

San Francisco County

LAND’S END BEACH


Tucked away among craggy cliffs, patches of sand, and some of the Bay Area’s best scenery, a nude beach is the last thing you’d expect to find within a short walk of the end of Geary Boulevard. But on warm days, Land’s End usually draws dozens of visitors.

HOW TO FIND IT Go to the end of Geary, and park in the dirt lot up the road from the Cliff House. Take the trail at the far end of the lot. A hundred yards past a bench and some trash cans, the path narrows and bends, rises and falls, and eventually becomes the width of a road. Don’t take the road on the right, which leads to a golf course. Instead, keep going past another bench, and as the trail turns right, take a left toward a group of dead trees. Where there’s a stairway with a Dogs Must Be Leashed sign, descend and head left to another stairway, which leads to a 100-foot walk to the cove. Alternately, follow the service road below the El Camino del Mar parking lot a quarter mile until you reach a bench, then take the trail there. It’s rough in spots, and at the end you’ll scramble over rocks.

THE BEACH Rocks and little watery grottoes. Look for some good sandy areas away from the beach’s entrance. For the best sunbathing spots, walk west (left). Some visitors build little rock windbreaks, which provide protection from blowing sand.

THE CROWD The quarter-mile-long cove gets up to 30 visitors on the warmest days, with up to 80 percent gay male usage being fairly standard. One visitor counted six or so nudes, all men, during a May visit.

PROBLEMS Long walk, random "sex patrols" by rangers, reports of drug use, public sex on trails and nearby. Fog and wind. Quite rocky. Swimming not allowed. Trails other than the main one are unsafe and may be closed and have poison oak.

GOLDEN GATE BRIDGE BEACH


Overrun by fans undeterred by its slippery and often dangerous trails, the Golden Gate Bridge Beach usually turns into a mob scene on summer weekends. The waves don’t break as hard here as at Baker Beach, so on the nicest days in low tide, you can go out up to 50 yards. A favorite activity: watching the sunset while staring toward the site’s namesake, the Golden Gate Bridge. But don’t visit if you’re looking for privacy and solitude. "I had to stop going there because it’s such a pickup scene," frequent visitor Joseph Friday says.

Also known as Nasty Boy Beach and Marshall’s Beach, the shoreline here features a trio of adjacent coves. In the spring, check for beautiful flowers on the bluffs. Drawbacks include some poison oak on the path (often trimmed back by volunteers), which is otherwise unmaintained and becomes a muddy bluish goo after rainstorms. Golden Gate National Recreational Area rangers strongly recommend that visitors stay away from the trails and avoid swimming.

HOW TO FIND IT Go to North Baker Beach, park in the main lot, and walk north along Lincoln Boulevard, passing the sand ladder that leads to North Baker. Just north of the ladder trail, look for a dirt road with a gate leading to Battery Crosby. Follow it, then hike up the trail immediately on the south (left) side of the old fort to the top of the bluff. Rangers recently added some rails that make the path a little easier to follow. Take the trail straight west as it goes downhill toward the ocean (wear long sleeves and pants to protect against poison oak). At a small crumbling concrete bulkhead, the trail heads north along the bluffs and eventually down a shorter, steep section with small steps cut into the gully. The main path ends at the south end of Golden Gate Bridge Beach.

THE BEACH Three small rocky beaches located below Fort Winfield Scott. The main beach trail tends to be slippery, heavily eroded, and dangerous.

THE CROWD During the week, Golden Gate Bridge Beach attracts dozens of users. On weekends, (mostly nude) usage soars to between 100 and 300 visitors on the hottest days.

PROBLEMS Slippery, crumbling, sometimes muddy, and poison oak–edged trails. Trash, rocks, wind, fog, unsafe swimming conditions, sex on the beach, too many people often jammed into too little space.

San Mateo County

DEVIL’S SLIDE


Now that its main access road, landslide-prone Highway 1, is finally reopened, visitors are flocking back to one of California’s only state beaches that officially permit nudity. Called Gray Whale Cove State Beach, the site known to many users as Devil’s Slide draws maybe 200 people on warm days — about 25 percent of them nude.

Nude use is especially popular on the north end of the long sandy shore. If you like Frisbee, it’s easy to find somebody to play with at the cove. Signs, though, warn about dangerous surf. There’s no lifeguard on duty. Dogs are prohibited. The beach is open all year and is one of the only California state parks that doesn’t accept an Annual Day Use Pass.

HOW TO FIND IT From San Francisco take Highway 1 south through Pacifica. Three miles south of the Denny’s Restaurant in Linda Mar, turn east (inland, or left) on an unmarked road, which will take you to the beach’s parking lot, from which a 146-step staircase leads to the sand. Coming from the south on Highway 1, look for a road on the east (right) 1.2 miles north of the Chart House restaurant in Montara.

THE BEACH A 300-foot-long site surrounded by orangish sandstone cliffs on one side and the beautiful Pacific Ocean on the other. Devil’s Slide is a great place to read, tan, jog, play Frisbee, and watch (true to its state beach name) gray whales, pelicans, and surfers.

THE CROWD Tourists, families, surfers, and naturists all use the beach.

PROBLEMS Influx of suited visitors, cold water, fog, wind, long walk to the beach. Landslides sometimes close Highway 1, three great white sharks seen in the ’80s. Parking fee. Some sexual activity reported in north cove area in recent past. Rangers have made a few arrests.

SAN GREGORIO


A visit to San Gregorio combines history with recreation. Approaching its 40th anniversary, clothing-optional, privately run San Gregorio is America’s oldest nude beach, founded right next door to San Gregorio State Beach, where nudity is not allowed. The huge property attracts some nude and suited straight couples, singles, and families. First-timers are sometimes a bit put off by the driftwood structures on the sandy slope leading down to the beach, which are used by some visitors as sex condos. Others relish San Gregorio’s scenery. There are two miles of soft sand and tide pools to explore, as well as a lagoon, a lava tube, and, if you look close enough on the cliffs, the remains of an old railroad.

HOW TO FIND IT From Tunitas Creek Way, south of Half Moon Bay, the beach is about a mile up Highway 1. Around 100 yards north of Highway 84 on 1, take the dirt road past the big white gate with the Toll Road sign. Go a few hundred feet, and just after the 55 mph sign on your right, turn left on the dirt road (look for the address 19429 above the fence) and head past a grassy field to the parking lot, where you’ll be asked to pay an entrance fee. Take the long path from the lot to the sand; everything north of the trail’s end is clothing optional. The beach is also accessible from the San Gregorio State Beach parking area to the south; from there hike about a half mile north. Take the dirt road past the big white gate with the Toll Road sign to the parking lot.

THE BEACH You’ll find caves, cliffs, driftwood structures, and a beach full of clean, rolling sand. Pets are OK (though dogs are not allowed on weekends or holidays); fires, cameras, and overnight camping are banned. Swimming is not recommended. There are toilets in the parking lot.

THE CROWD On the warmest days, 50 to 200 visitors may be spread along the sprawling beach, which is so large that it never feels crowded. Straight couples and families tend to hang out on the south end of the beach, gay men on the north side.

PROBLEMS Fee, wind, riptides, cold water, summer fog, sex on the beach or in driftwood condos, not much of a social atmosphere. *

For more nude beaches, please check out our official guide, which is in the process of being updated.

Eyes on the prize

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The recent news that a food writer from Los Angeles won a Pulitzer Prize for criticism puts us on notice that food writing at its best is an art form – also that LA is a serious food town, loath though we may be to admit it. The southland has access to all sorts of local agricultural bounty, a nearby wine country (in Santa Barbara County), and a polyglot population that represents much of the world. It also has something we don’t have – an international border just miles away, with a genuinely different culture on the other side. This must be massively stimuutf8g.

Criticism is a minor art, secondary and derivative – there must be some larger, primary subject at hand to examine and consider – but its subordinate position doesn’t make it less worthy. Authentic food criticism tends to overcome this limitation anyway, since, handled in a certain way, it becomes a species of social or cultural criticism, a meditation on how people live their lives. As anyone who’s traveled abroad will know, one’s first and indelible experiences of other cultures often have to do with food: what it is, how it is grown or gathered, how it is prepared and presented. If it is true that one feels most American when outside of America, then perhaps it is also true that our industrial-food folly becomes most apparent to us when we are sitting in some cafe in a faraway land, awash in local food habits and practices that are hundreds or thousands of years old, and no one has heard of Velveeta.

The difference between criticism and reviewing is a segment of the border between art and craft, with the former more keenly attentive to wider and deeper meanings. Many of our food-involved locals abide by a credo of living to eat, but because this is true to some extent of every animal on the planet, its meaning seems a little watery to me and appears to involve mainly the hunt for the "best" version of this or that. I have no particular complaint with this, just as I have no quarrel with gearheads or fanciers of pedigreed dogs. But, as with other forms of monomania, it does have a flattening effect, reducing the world to a single dimension. LA is flat, but it isn’t just flat.

Paul Reidinger

> paulr@sfbg.com

Homecoming

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CHEAP EATS There’s only one thing in my refrigerator, and nothing at all in the nest. It’s come to this, then: two chickens left, and one of them has developed a taste for eggs.

Two weeks ago today when I flapped my wings (venison lasagna + Ativan = liftoff, plus or minus an airplane ticket), I never felt more like I needed a vacation from my life. And yesterday evening, upon touching down again at SFO, I burst into tears, grateful to be not only alive on Earth, but alive in my exact life. And dying to see Sockywonk and Weirdo the Cat and my newest and littlest love, Z.Z. de la Cooter.

Z.Z. being 15 years and 11 months away from a driver’s license, and Weirdo the Cat being a cat, Sockywonk was the one who I called, from a pay phone, as soon as I stepped off the plane.

"I’ll be right there," she said.

I got my luggage and went outside into California and waited, blinking, my mascara smeared and swirly. My neighbor from the plane walked past – an older-man businessmanperson who had stared at spreadsheets on his laptop next to me as intently as I’d been staring at pictures of little Z.Z. on mine, trying to beat back the panic with incessant cuteness.

We hadn’t exchanged more than four words on the plane – "excuse me" and "thank you" – but now he gave me a warm, almost intimate smile. I smiled back. For all I know, he has a fear of flying too.

The Wonk was in a bit of a postsurgical state still, it turned out, and I was more on drugs than she was. Plus starving. So she could hardly even talk, she was so busy being such a good driver, and it was all I could do to sit up straight, with my hand in her head of half-inch hair growth, and sort of slobber.

What I’m getting at is that last night, at any rate, the two dogs in the backseat would have been more qualified than either of us to choose a restaurant.

Me and Sockywonk, it so happens, are two of the last four people on the planet without cell phones, or else we might have maybe thought to call someone for help. It’s easy enough to think that now, fed, slept, and caffeinated. But yesterday . . .

And anyway my brother Phenomenon, my own go-to one-phone-call bastion of all-around competency, was unreachably out of the country.

Innit funny, though, how notorious goofs like me and Socky tend to have siblings whose specialty it is to take care of bidness? Just fucking get the job done? For lack of any better ideas, the Wonk drove us to her house and parked. When we went inside, I kid you not, at 8, 8:30 in the evening, her visiting sis from Florida, Sisterwonk, was under the sink in the kitchen, hammering. On her visit so far she’d already tiled the kitchen floor, which had looked more like a garage than an apartment, as I recall, rigged a new light over the dining room table, and painted the walls a cheerful yellow.

I knew immediately that, dinnerwise, we were in good hands. Sure enough: "Why don’t you get a burrito?" she suggested, without even scratching her head.

You’d have thought that we’d have thought of that, being the San Franciscans.

"Mexicana’s good," Sisterwonk said, anticipating my next question.

I looked at Socky, who had already found parking, and she nodded. "It’s right around the corner," she said. Less than two blocks. As easy a walk as two junkied goofs have ever had to walk. And just like that I had a new favorite taqueria.

Mexicana! Who knew? They steam their tortillas, but the chips are good, and the salsa’s good, and I can vouch for the spicy chipotle chicken burrito, about a third of which is the one thing in my refrigerator right now.

Probably I could have knocked it off last night. But I think instinctively I knew, deep down below the Ativan, how sad it would be to come home to an empty refrigerator.

For lunch I’m going to make me one big pan-spun homemade flour tortilla, and I’m going to chop up and reheat last night’s burrito, wrapper and all. As far as I know, it will be the world’s first ever burrito butt burrito. And I can’t tell you how happy I am about that. *

CASA MEXICANA

Daily: 11 a.m.-10 p.m.

3917 24th St., SF

(415) 648-0477

Takeout available

Beer

MC/V

Wheelchair accessible

Small Business Awards 2007: Community Activist Award

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When Mark Klaiman and Virginia Donohue opened Pet Camp, a kennel for cats and dogs, in 1997 in the Bayview, they wanted to do more than just make money housing pets.

"A lot of businesses drive in, do their work, and leave. They don’t actually get involved in the community," says Klaiman, who with his wife, Donohue, worked for the Environmental Protection Agency prior to becoming an entrepreneur. "We have taken a fundamentally different approach to doing business in the Bayview."

Wedged between Third Street and the Southeast Pollution Control Plant, in a large warehouse complete with a synthetic-grass outdoor play space and a doggie swimming pool, Pet Camp is a stridently green business. It uses huge low-power fans to circulate air, sends its animal droppings to an East Bay methane plant for electricity production, and gets 75 percent of its electricity from a solar-panel-lined roof.

"You get a great view of the settling ponds from our second floor," Donohue says wryly, adding that housing activists threw around the idea of redeveloping their block for new homes.

But the gaseous and chemical smell from the tanks permeates the air, and the housing advocates quickly realized the block might not make for the best living conditions.

The Pet Camp owners are glad about that. They want to stay in the Bayview and have put in countless hours working with others on community projects.

He’s the secretary of the Bayview Merchants Association, which works to ensure that the neighborhood creates and maintains a positive environment for small businesses. During the disruption caused by the construction of the new T-Third line, he helped the group push Muni to develop an ad campaign to let people know that businesses in the neighborhood were still active. They also successfully pressured Muni to speed up the project by making construction crews work weekends and holidays.

"While everyone now thinks the light-rail is going to be great, during the five years it was under construction, it really desecrated Third Street," Klaiman recalls.

The merchant association is also working with the national group Volunteers in Medicine to establish a free health care clinic for Bayview residents.

Pet Camp has a staff of about 20 and offers all employees full benefits and profit sharing. Klaiman says these and other industrial jobs are better than those offered by the tourist and service industries.

For this reason, Klaiman has worked with the Planning Department to retain industrial jobs in the Bayview. Housing activists and other neighborhood merchants have criticized him for that relationship.

According to Al Norman, president of the merchant association, he handles the flack well and takes everything in stride. "He’s levelheaded and evenhanded," Norman says.

At the same time, Klaiman is watchful of downtown developers who are working on changing the Bayview. He keeps track of their efforts through the Planning Department and the San Francisco Urban Planning Association, which has a hand in proposed plans for the area.

"They’re downtown think tank people," Klaiman says in reference to SPUR. "They’re the type of people from north of Market who say they know what is right for the Bayview."

In order to make SPUR sensitive to the needs of Bayview businesses, Pet Camp put together a bus tour for the group to familiarize it with the business community there.

"We should get together as businesses to improve our neighborhood, not just have everything go to downtown," Klaiman proclaims. "And that’s something I think we’ll actually achieve success in – getting better organized out here." (Chris Albon)

PET CAMP

525 Phelps, SF

(415) 282-0700

www.petcamp.com

The Martin Luther King you don’t see on TV

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It’s become a TV ritual: Every year on April 4, as Americans commemorate Martin Luther King’s death, we get perfunctory network news reports about “the slain civil rights leader.” The remarkable thing about these reviews of King’s life is that several years – his last years – are totally missing, as if flushed down a memory hole. What TV viewers see is a closed loop of familiar file footage: King battling desegregation in Birmingham (1963); reciting his dream of racial harmony at the rally in Washington (1963); marching for voting rights in Selma, Alabama (1965); and finally, lying dead on the motel balcony in Memphis (1968). An alert viewer might notice that the chronology jumps from 1965 to 1968. Yet King didn’t take a sabbatical near the end of his life. In fact, he was speaking and organizing as diligently as ever. Almost all of those speeches were filmed or taped. But they’re not shown today on TV. Why? It’s because national news media have never come to terms with what Martin Luther King Jr. stood for during his final years. In the early 1960s, when King focused his challenge on legalized racial discrimination in the South, most major media were his allies. Network TV and national publications graphically showed the police dogs and bullwhips and cattle prods used against Southern blacks who sought the right to vote or to eat at a public lunch counter. But after passage of civil rights acts in 1964 and 1965, King began challenging the nation’s fundamental priorities. He maintained that civil rights laws were empty without “human rights” – including economic rights. For people too poor to eat at a restaurant or afford a decent home, King said, anti-discrimination laws were hollow. Noting that a majority of Americans below the poverty line were white, King developed a class perspective. He decried the huge income gaps between rich and poor, and called for “radical changes in the structure of our society” to redistribute wealth and power. “True compassion,” King declared, “is more than flinging a coin to a beggar; it comes to see that an edifice which produces beggars needs restructuring.” By 1967, King had also become the country’s most prominent opponent of the Vietnam War, and a staunch critic of overall U.S. foreign policy, which he deemed militaristic. In his “Beyond Vietnam” speech delivered at New York’s Riverside Church on April 4, 1967 –– a year to the day before he was murdered –– King called the United States “the greatest purveyor of violence in the world today.” (Full text/audio here: http://www.informationclearinghouse.info/article2564.htm) From Vietnam to South Africa to Latin America, King said, the U.S. was “on the wrong side of a world revolution.” King questioned “our alliance with the landed gentry of Latin America,” and asked why the U.S. was suppressing revolutions “of the shirtless and barefoot people” in the Third World, instead of supporting them. In foreign policy, King also offered an economic critique, complaining about “capitalists of the West investing huge sums of money in Asia, Africa and South America, only to take the profits out with no concern for the social betterment of the countries.” You haven’t heard the “Beyond Vietnam” speech on network news retrospectives, but national media heard it loud and clear back in 1967 – and loudly denounced it. Time magazine called it “demagogic slander that sounded like a script for Radio Hanoi.” The Washington Post patronized that “King has diminished his usefulness to his cause, his country, his people.” In his last months, King was organizing the most militant project of his life: the Poor People’s Campaign. He crisscrossed the country to assemble “a multiracial army of the poor” that would descend on Washington – engaging in nonviolent civil disobedience at the Capitol, if need be – until Congress enacted a poor people’s bill of rights. Reader’s Digest warned of an “insurrection.” King’s economic bill of rights called for massive government jobs programs to rebuild America’s cities. He saw a crying need to confront a Congress that had demonstrated its “hostility to the poor” – appropriating “military funds with alacrity and generosity,” but providing “poverty funds with miserliness.” How familiar that sounds today, nearly 40 years after King’s efforts on behalf of the poor people’s mobilization were cut short by an assassin’s bullet. In 2007, in this nation of immense wealth, the White House and most in Congress continue to accept the perpetuation of poverty. They fund foreign wars with “alacrity and generosity,” while being miserly in dispensing funds for education and healthcare and environmental cleanup. And those priorities are largely unquestioned by mainstream media. No surprise that they tell us so little about the last years of Martin Luther King’s life. ___________________________________________ Jeff Cohen is the author of “Cable News Confidential: My Misadventures in Corporate Media.” Norman Solomon’s book “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death” is out in paperback.

Super Index: The Bay Area by the numbers

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Total acreage of San Francisco: 30,080

Estimated number of people in San Francisco: 739,426

Ratio of dogs to children in the city, give or take 10,000 kids: 1:1

Ratio of acres for off-leash dog play to those of children’s playgrounds: 7:1

Approximate percentage of San Francisco Department of Recreation and Park land considered natural areas: 25

Number of acres managed by Rec and Park versus number of acres of parking space (on and off the streets) managed by the city: 3,480:1,291

Number of cars in San Francisco, as represented by the number of registered automobiles in 2005: 373,115

Total number of city-managed parking spaces: 334,625

Number of temporary art parks created in empty parking spaces during 2005 for PARK(ing) Day: 18

Month in which the next PARK(ing) Day event will take place: September

Ratio of the size of a city parking space for a compact car to the Dark Room SF stage: 1:1

Estimated number of homeless people in San Francisco versus total number of shelter beds: 6,248:1,514

Estimated number of shelter beds that go empty every night: 100

Decline in the number of homeless people in the city, based on 2003 and 2005 volunteer city-run counts: 2,392

Areas not included in the volunteer counts: the beach, the Presidio, railroad encampments, Golden Gate Park, Stern Grove, and the Sunset District

Projected release date of the numbers from the 2007 homelessness count: March 30

Number of public garbage cans unbolted and stolen from Oakland sidewalks in the past year: 75

Cost of each can: $1,500

Number of feet of freeway guardrail stolen in the Bay Area in the past year: 32,000

Total cost to replace the aluminum: $86,000

Number of bars in San Francisco versus number of independent bookstores selling new books: 2,870:33

Rank of San Francisco among cities for most bookstores per 10,000 people: 1

Rank of the city by the bay for most drunk metropolitan area: 20 (tied with Oakland)

Rank for most literate, in comparison with New York City: 10 versus 49

The index was compiled by Chris Albon, Angela J. Bass, Deborah Giattina, Christopher Jasmin, and Elaine Santore. For sources, see www.sfbg.com.

Super List Index Sources:

(1) and (2) US Census Bureau

(3) Dog Advisory Committee of the San Francisco Recreation and Park Department and US Census Bureau

(4) and (5) San Francisco Recreation and Park Department

(6) San Francisco Recreation and Park Department and San Francisco Municipal Transportation Authority

(7) California Department of Motor Vehicles

(8) San Francisco Municipal Transportation Authority

(9) and (10) The REBAR Group, www.rebargroup.org

(11) San Francisco Municipal Transportation Authority and Dark Room Theater

(12)–(14) and (16) San Francisco Department of Human Services

(15) "Green and Red Apples: The 2,392 Disappeared Homeless in San Francisco," by Matt Gonzalez, San Francisco Bay View, 2/23/05

(17) and (18) "Oakland Trash-Can Bandits Nab 75th ‘Fancy Trash Can’," by Momo Chang, Oakland Tribune, 8/9/06

(19) and (20) California Department of Transportation

(21) California Alcohol Beverage Control

(22)–(24) University of Wisconsin, Whitewater, Marketing and Media Department

(23) "America’s Drunkest Cities," by David M. Ewalt, Forbes, 8/22/06

Superlist No. 824: DIY dog washes

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› superlists@sfbg.com

San Francisco dogs have it made, don’t they? Their owners coddle them with gourmet food from boutique pet stores, groomers who treat them like royalty, and the biggest spoiler of them all, our many acres of parks and beaches. But this sweet deal is not without its price. In the case of the last indulgence, this means the dirt pits, mud puddles, and pee-soaked grass your little stinker can’t resist rolling in. Bathing your dog at home can be quite a production, especially if you live in tight quarters. Fortunately, the city has a nice selection of places where you can scrub your mucky pup for a small fee, leaving you and your buddy with the soothing knowledge that you won’t have a bathtub to clean or a floor to mop afterward.

Nine years after setting up shop in Bernal Heights, owner Tony Chrisanthis has built Bernal Beast (509 Cortland, SF. 415-643-7800, www.bernalbeast.com) into a bit of a local legend. Packed wall to wall with supplies, food, and some hard-to-find supplements, this is a destination for pet lovers from around the Bay. At the back of the shop is the rather roomy washing station, where for $12 you get all-natural shampoo and conditioner, towels, driers, grooming tools, and an apron.

Conveniently located only a few blocks from the beach, Bill’s Doggie Bath-O-Mat (3928 Irving, SF. 415-661-6950) is a hit with folks taking their pup for a swim. The clean and fuss-free shop is equipped with three wash stations, available for self-service from Tuesday to Saturday. For $14 (and $10 for each additional dog) you will get all the necessary accoutrement needed to wash away the sea.

For dog lovers down in Glen Park, Critter Fritters (670 Chenery, SF. 415-239-7387) offers two dog-washing stations and two grooming tables in the spacious back room. The cost of the service is $13 — negotiable if washing multiple dogs — and includes all-natural shampoos, towels, chamois cloth, driers, grooming tools, and an apron. Tubs are equipped with "power wash" nozzles, which give quite effective, dirt-loosening blasts of water, guaranteeing a deep clean for your grubby pet.

For a bit of small-town charm here in the big city, try the Pawtrero Hill BathHouse and Feed Co. (199 Mississippi, SF. 415-882-7297, www.pawtrero.com). Designed with an old-fashioned seed store theme, using wooden produce crates to display its many tempting organic and natural wares, the shop offers a homey wash-up for your dog. The bathhouse at the back of the store is equipped with two raised tubs buttressed by ramps. For $15 you get everything you’ll need to make your mutt squeaky-clean: all-natural shampoo, towels, driers, brushes and clippers, and an apron to keep yourself dry. Save money with the buy-10-baths-get-one-free discount program.

Mercifully, the newest dog-washing addition to the city, Puppy Haven (772 Stanyan, SF. 415-751-7387), set up shop on Haight Street, where even humans need a postpromenade bath. Founded by longtime neighborhood resident Gordon Ruark — a font of knowledge with 25 years of pet store experience — the shop offers a spacious wash room equipped with two cleaning stations and will soon have a grooming station. For $10, Ruark gives you everything you need: shampoo, towels, forced-air driers, and a peaceful respite from the sometimes frantic energy lurking outside.

Cheerfully adorned with warm, playful colors and scores of houseplants, the Soggy Doggy Bath and Barktique (4033 Judah, SF. 415-664-3644), another oceanside option, is a relaxing place to take your pooch after a romp on the beach. There is one wash station with an elevated tub and a separate grooming table. For $13 you can hose away the sand with all-natural shampoo and conditioner, after-bath spritz, towels, and grooming tools. Get your ninth self-serve wash free with a "Repeat Rover Miles" card. Hours for self-serve are 3 to 7 p.m., Wednesday to Friday, and 10:30 a.m. to 6 p.m. on weekends, but call ahead anyway.

Pawtrero’s sister store, the South Paw BathHouse and Feed Co. (199 Brannan, SF. 415-882-7297, www.pawtrero.com), offers similar services and the same holistic philosophy but with a South Beach flavor, as indicated by the pastel furniture and "Beach Access" sign above the entrance to the washing quarters. Fifteen dollars gets you the same provisions as those supplied by Pawtrero, and the same discount program applies.

With a steady business of full-service dog grooming, Wags: Pet Wash and Boutique (1840 Polk, SF. 415-409-2472, www.sfwags.com) limits self-service to Sundays, but try calling ahead Tuesday to Thursday. Decked out in brightly colored shower curtains, the washing area is set up with two tubs and one combination tub-grooming station. For $20, Wags supplies you with all-natural shampoo, towels, and driers. *

Mission: fresh-air beer

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› a&eletters@sfbg.com

Listen up, troops: Spring is here and decent weather may be on the radar. It’s time to escape from the barracks and attack life with a blitzkrieg of beer and BBQ. Below is a list of checkpoints that are reported to condone and encourage the outdoor consumption of alcohol.

Good luck, soldier. Now get out there and knock ’em back!

Big guns

ZEITGEIST


The HQ of patio bars — the grand pooh-bah, the big cheese. Hands down the biggest, baddest patio west of the bay. Although owing to the line of porta-potties, it’s probably one of the stinkiest. This is your safe station, no matter what company you’re signed up with. Zeitgeist’s commissary will stock you up on burgers and fries, and its Bloody Marys will keep you flying.

199 Valencia, SF. (415) 255-7505, myspace.com/zeitgeistsf

EL RIO


Outer Mission hideaway El Rio is big enough for large outfits but romantic enough for a date while on leave. A portion of the yard is sheltered by a tent for rainy-day ops — and there’s nothing to stop you from lighting up. Mmmm — gotta love the smell of cigarettes in the midafternoon.

3158 Mission, SF. (415) 282-3325 www.elriosf.com

PILSNER INN


Few cantinas can muster as many features as the Pilsner Inn. Twenty-four beers on tap, two pool leagues, and a lush, landscaped garden patio with two koi ponds should be enough to make anyone stand at attention. A strong contingent here flies the rainbow flag, but the Pilsner welcomes troops from all outfits to its relaxed environs.

225 Church, SF. (415) 621-7058, www.pilsnerinn.com

Smaller outposts

PAPA TOBY’S REVOLUTION CAFÉ


This little Mission spot will flash you back to life as a guerrilla fighter in Cuba or Guatemala. A beer and wine café with a secluded backwoods feel and a heated streetside patio, Papa Toby’s Revolution Café offers a variety of troop entertainment, from free trade to tango lessons. With enough alcohol here, you may be able to brainwash your copilot into believing he or she is the reincarnation of Che Guevara.

3248 22nd St., SF. (415) 642-0474

FINNEGAN’S WAKE


An enclave of Cole Valley regulars is keeping Finnegan’s Wake top secret. The back patio is a mini-Zeitgeist, equipped with a grill and picnic tables. Surrounded by apartments, this little retreat goes on lockdown after 21:00 hours, making this site good for daytime expeditions only.

937 Cole, SF. (415) 731-6119

GOLD CANE COCKTAIL LOUNGE


The patio of this Haight Street joint has a nicely elevated rear portion — high ground, easy to defend from marauding tourists and the like. And if you can’t successfully pilot your hand-rolled smokable through the crowd, you’ve no business flying so high, soldier.

1569 Haight, SF. (415) 626-1112

MAD DOG IN THE FOG


Bright red and green paint often makes the Mad Dog in the Fog’s vibrant little patio hard to handle without a pint or two. Local hostiles have managed to shut down maneuvers here after 22:00, so your best bet is to set up a happy-hour camp during the soccer off-season — around World Cup time, soccer insurgents outfitted in reversible jerseys and knee-high socks seize the position.

530 Haight, SF. (415) 626-7279

THE AXIS OF BURGERS


Taken together, Flippers restaurant and Marlena’s bar in Hayes Valley can provide a prime afternoon drinking and lounging target. Flippers serves burgers, beer, and wine. Its patio is outfitted with a variety of flora: lilies, trees, and lawn. Right next door, with a full bar, Marlena’s has a minimal cagelike smoking facility with just three benches gated off from the street.

Flippers Gourmet Burgers, 482 Hayes, SF. (415) 552-8880

Marlena’s, 488 Hayes, SF. (415) 864-6672

MARS BAR AND RESTAURANT


A secluded SoMa bar and restaurant often overrun by hordes of concertgoers and workers from the neighboring Concourse Exhibition Center in the evening, Mars Bar and Restaurant makes for an excellent outdoor lunch break. Late at night you’ll often locate barkeeps from other watering holes gathered here to blow their tips.

798 Brannan, SF. (415) 621-6277, www.marsbarsf.com

Coast Guard

PIER 23 CAFE


This waterfront bar and restaurant features live music most nights of the week. Its outdoor area is an expansive field of patio furniture flanked by the bay. A popular evening destination for locals, Pier 23 Cafe just underwent a complete remodel, now ready for inspection.

Pier 23, SF. (415) 362-5125 www.pier23cafe.com

RED’S JAVA HOUSE


Little more than a kitchen shed up front and a tent with bar in back, Red’s Java House is nestled beneath the Bay Bridge on Pier 30. The only thing that might obstruct your skyward reconnaissance is the occasional SUV parked next to the fenced-off, bare-bones patio. There’s a widescreen TV for sports fans in the tent and a menu of burgers, dogs, and fish and chips.

Pier 30, SF. (415) 777-5626

MOMO’S


Right next to PhoneCompany Park, Momo’s has a limited view — the baseball stadium and a massive apartment complex obstruct most of the horizon. The bar is incredibly well equipped, but Momo’s is a restaurant, which may impair smoking operations. While there, enrich yourself with the art installation in the front garden box: a giant heart-shaped olive. Enriching!

760 Second St., SF. (415) 227-8660, www.sfmomos.com

Eastern Theater

JUPITER


Just a short flight east of San Francisco, Jupiter is the majordomo outdoor operation of the East Bay. This two-story brewpub and pizza restaurant in downtown Berkeley is attached to a giant compound replete with heating lamps and ivy. You’ll have to stow those stogies, though: this place is a restaurant and doesn’t take kindly to smoking.

2181 Shattuck, Berk. (510) 843-8277, www.jupiterbeer.com

BECKETT’S


The two-story Irish pub is equipped with two fireplaces and two functional bars. Its patio is a small balcony above a cobblestone alleyway — the perfect size for an elite task force to secure a position and commence a-blazing.

2271 Shattuck, Berk. (510) 647-1790, www.beckettsirishpub.com

OASIS RESTAURANT AND BAR


Deep into East Bay territory is the Oasis Restaurant and Bar. By day this Oakland position operates as a Nigerian restaurant; at night it becomes a grooving outdoor lounge with DJs and two dance floors. A staggering canyon of cement surrounds the small rear patio. The heated paradise has multiple tables and chairs, a stage, a massive sound system, and a wraparound grass-covered overhang.

135 12th St., Oakland.

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MORE OUTDOOR DESTINATIONS

Carmen’s, Pier 40, SF. (415) 495-5140

Cinch, 1723 Polk, SF. (415) 776-4162, www.thecinch.com

Connecticut Yankee, 100 Connecticut, SF. (415) 552-4440, www.theyankee.com

Eagle Tavern, 398 12th St., SF. (415) 626-0880, www.sfeagle.com

Jay ‘n Bee Club, 2736 20th St., SF. (415) 824-4190

Kennedy’s Irish Pub and Curry House, 1040 Columbus, SF. (415) 441-8855, www.kennedyscurry.com

Lone Star Saloon, 1354 Harrison, SF. (415) 863-9999, www.lonestarsaloon.com

Lucky 13, 2140 Market, SF. (415) 487-1313

Medjool, 2522 Mission, SF. (415) 550-9055, www.medjoolsf.com

Mix, 4086 18th St., SF. (415) 431-8616

Parkside, 1600 17th St., SF. (415) 503-0393, www.theeparkside.com

Il Pirata, 2007 16th St., SF. (415) 626-2626

Ramp, 885 Terry Francois, SF. (415) 621-2378

Red Jack Saloon, 131 Bay, SF. (415) 989-0700

Rosewood, 732 Broadway, SF. (415) 951-4886, www.rosewoodbar.com

Wild Side West, 424 Cortland, SF. (415) 647-3099

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MONDAY

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March 12

MUSIC

Youth Group

It’s no small feat that Aussie gossamer popsters Youth Group were able to rescue Alphaville’s overwrought new wave flashback-grenade “Forever Young” and miraculously twirl it around into a glistening, gently unfolding four-minute pageant. Better yet, their latest release, Casino Twilight Dogs (Anti-), gushes with 11 other exquisitely crafted charmers destined to draw inevitable, but understandable, Shins comparisons, while elements of that glorious synergy achieved by English pop-anthem geniuses James with producer extraordinaire Brian Eno bubble up. (Todd Lavoie)

8:30 p.m., $13
Slim’s
333 11th St., SF
(415) 255-0333
www.slims-sf.com

VISUAL ART

“Seeing Memory”

If we live in an age of cynicism, one in which an existential leap of faith, to borrow from Søren Kierkegaard, is necessary to imbue with meaning this unbright rock we call earth, then Creativity Explored is a safe house in our land of dread. This inspirational Mission gallery and studio provides a venue for people with disabilities, many of whom are nonverbal, to create and express themselves. “Seeing Memory” — curated by Larry Rinder, California College of the Arts dean — is an exhibit of recent work by member artists exploring the images and mechanisms of memory. (Nathan Baker)

Through April 6, free.
Creativity Explored Gallery
3245 16th St., SF
(415) 863-2108
www.creativityexplored.org

James Madison Freedom of Information Award Winners

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The Society of Professional Journalists’ Northern California Chapter has been handing awards for 22 years to journalists, educators, public officials, and citizens who best exemplify the importance of open and accountable government and a free and diligent press. And every year the Guardian recognizes the winners and helps highlight the important issues that they raise for the Bay Area and beyond. Here are this year’s winners:

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


Three few years ago the Oakland Unified School District announced that, due to budget constraints, it was shutting down all the student-run newspapers in the district. Rowland "Reb" Rebele lives in Aptos, but he read about the shutdown in a San Francisco Chronicle column.

He picked up the phone, made some calls, and found out the situation was desperate and how much money was needed. He then wrote a check sufficient to resurrect the student newspapers for a year. Then he kept on writing checks to keep the papers going last year and again this year. This was typical of Rebele. No one asked him for help. He received virtually no acknowledgment for his gift. But his timely action turned the lights back on for fledgling newspapers that were out of money and, it seemed, out of luck.

Rebele is a First Amendment mensch (a description that James Madison, had he any familiarity with Yiddish, would have approved of). In his half century of publishing community newspapers that he owned and operated in Coalinga, Chula Vista, and Paradise in California and across the country, he was energetic, inspiring, and devoted to his readers and his communities, and a demon in pushing for open government and accountability. He pursued the same policies as a stalwart for half a century in the California Newspaper Publishers Association and as an activist president who brought key reforms and exceptional leaders to the organization.

Rebele has been a director of the California First Amendment Coalition for a decade. He quickly became the one truly indispensable member of the organization, pushing it, pulling it, holding it together, and cajoling it to broaden its activities because he felt the organization and its mission were vital.

He has also launched an innovative internship program at Stanford University. Rather than just give money to the school, he and his wife, Pat, created a program that has enabled dozens of students to get hands-on experience writing for real newspapers in California. Quietly and selflessly, Rebele has spent his newspaper career fighting the good fight for First Amendment and public interest principles. (Bruce B. Brugmann)

Beverly Kees Educator Award

ROBERT OVETZ


Art Institute of San Francisco instructor Robert Ovetz was fired after he criticized the administration for confiscating a magazine his students produced for his class last December.

Ovetz, who had taught at the institute for three years, told his students to create a "culturally critical" magazine as their final project for a cultural studies class he taught last fall. They produced a 36-page zine called Mute/Off.

Less than 24 hours after he and students distributed 500 copies of the magazine, which Ovetz printed with the institute’s copy machine, most were gone. Ovetz initially attributed their disappearance to popularity, but he soon learned from students that the administration of the school, which was purchased by Goldman Sachs and General Electric last year, had removed them from its campuses and even literally pulled them out of students’ hands.

"This is an example of how a corporation is not held accountable for upholding basic constitutional rights [to] free speech. This is a private company that’s operating as an institution of higher learning," Ovetz told the Guardian. "Its only interest is its bottom line, and its bottom line is profit."

Ovetz complained to the administration about vioutf8g the students’ freedom of speech and received his pink slip Dec. 20, 2006. Dean of Academic Affairs Caren Meghreblian told Ovetz the magazine possibly violated copyright law by reproducing corporate logos without permission and had grammatical errors. She also said a story in the magazine called "Homicide," about three white kids playing a video game as black gangsters, might be racist.

After Ovetz and students complained and the media reported the story, the administration allowed students to redistribute the magazines, but it still refuses to give Ovetz his job back. (Chris Albon)

To size up the magazine yourself, visit www.brandedmonkey.com/muteOffLowRes.pdf.

Citizen

RYAN MCKEE


The object of the California Public Records Act is to ensure the people’s right to know how their state and local governments are functioning. Newspapers are often the entities that test the limits and loopholes of the law. But in January 2006 an 18-year-old college student, Ryan McKee, undertook an audit of each of the 31 California state agencies that was the first of its kind. McKee tested how these agencies, which he personally visited, responded to simple requests to view and get copies of readily available public documents. The results revealed a disturbing pattern. Several agencies performed miserably, including the Department of Justice, which counsels and represents many other state agencies on the Public Records Act, and all of the agencies violated at least one aspect of the law. Common problems included asking for identification, making illegal charges, and taking longer than allowed to release information. McKee undertook the audit while volunteering for Californians Aware, a nonprofit where his father, Richard McKee, is president. A copy of the audit, including its results and grades, was sent to each agency to help it better understand and adjust to its responsibilities. (Sarah Phelan)

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


ANG Newspapers regional reporters Rebecca Vesely and Michele Marcucci are being honored for the series "Broken Homes" and their unflinching pursuit of public records that exposed negligent care administered to people with autism and other forms developmental disabilities. The series highlighted problems ranging from a lack of proper supervision to unlicensed officials working at health care facilities. Some of these offenses were then linked to patient deaths.

The award recognizes the daunting and tedious task that befell the journalists: 15 months of scouring thousands of hard-copy papers from dozens of sources that included licensing agencies, multiple law enforcement bureaus, and coroner’s offices. The results were entered into a database and cross-checked against other sources of information.

"It’s not like we work at the New York Times, where you can lock yourself in a room for a year. This is one-stop shopping here," Marcucci told the Guardian, noting that both reporters continued their daily beats while working on the project. The series was well received and helped prompt state officials to reinstate inspections of licensed facilities that had been eliminated due to budget cuts. (Christopher Jasmin)

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


Two reporters from the Sacramento Bee, Andrew McIntosh and John Hill, get Freedom of Information props for exposing the cronyism and the corruption of the California Highway Patrol.

The two wrote a series of articles detailing how the CHP violated state and department regulations in awarding contracts for items ranging from pistols to helicopters.

"The CHP spends hundreds of millions of dollars each year on equipment and goods," McIntosh told the Guardian. "That’s taxpayer money."

McIntosh said he and Hill took a systematic look at the department’s bidding process and found it was not competitive. The investigation led to the suspension of one officer, Gregory Williams, who the reporters found had awarded $600,000 worth of contracts to his daughter’s company for license plate scanning devices, $500,000 of which was canceled after the reporters exposed the scandal.

The reporters also found the CHP, which controls signature gathering at the Department of Motor Vehicles and other state buildings, denied more than 100 applications for permission to register voters or solicit signatures. Other stories pushed Senate majority leader Gloria Romero and Assemblymember Bonnie Garcia to call for a state audit of the CHP.

McIntosh told us the investigation showed "the CHP is not above public scrutiny or the law when it comes to business dealings." (Albon)

MEERA PAL, CONTRA COSTA TIMES


A good mayoral race isn’t really fun unless a bit of scandal emerges, like it did in Pleasanton two weeks before the November 2006 election.

Meera Pal decided to research the roots of a story that was handed to her by city council member Steve Brozosky, who was challenging incumbent mayor Jennifer Hosterman. Brozosky gave Pal e-mails his campaign treasurer obtained through open-records laws that showed Hosterman may have used her city e-mail account to solicit campaign donations and endorsements, a violation of state law.

But Pal went beyond Brozosky’s story and submitted her own public records requests for the city e-mail account of the mayor, as well as a year’s worth of e-mail from Brozosky and the three other council members.

Pal’s public records request revealed that Brozosky’s inbox was completely void of any e-mail, something neither he nor the city’s IT manager could explain. Brozosky is a computer expert who runs a company that vends city Web site software, so his technical expertise made the situation even more suspicious.

Investigations revealed it was just a setting on his computer that was inadvertently scrubbing the e-mail from the city’s server. Though both violations aren’t necessarily serious crimes, the race was close enough that dirt on either side could have had a profound impact on the outcome, and the results show 68,000 voters who were truly torn during the last two weeks before election day while Pal was reporting these stories. Hosterman eventually won by just 188 votes. (Amanda Witherell)

SUSAN SWARD, BILL WALLACE, ELIZABETH FERNANDEZ, AND SETH ROSENFELD, SAN FRANCISCO CHRONICLE


In the wake of 2003’s so-called Fajitagate police scandal — in which San Francisco officer Alex Fagan Jr. and others were accused of assaulting and then covering up their alleged vicious beating of innocent citizens — the San Francisco Chronicle uncovered records showing that Fagan’s short history on the force was marked by regular incidents of abusive behavior, the kind of records that should have served as a warning for the problems to come.

"We decided to take a look to see how common it was. And we spent a lot of time doing that," Steve Cook, the Chronicle editor of what became last year’s five-part "Use of Force" series, told the Guardian. The team used the Sunshine Ordinance to gather boxloads of records on use-of-force incidents, which it organized into a database that was then supplemented and cross-referenced with a wide variety of other public records, along with old-fashioned shoe leather reporting, all the while fighting through bureaucratic denials and delays.

Despite an embarrassing mislabeled photo on the first day of the series that served as fodder for attacks by the Police Department and Mayor’s Office, the series made clear that rogue cops were abusing their authority, totally unchecked by their supervisors. "We were proud of what we were able to show," Cook said. "We showed a department in need of some basic reforms."

The series helped spur the early intervention system that was recently approved by the Police Commission. It’s a good first step, but one criticized by the Chron and the Guardian for failing to include some key indicators used in other cities (see our editorial "Fix Early Warning for Cops," 2/28/07), something that Cook said requires ongoing vigilance by the press, to bring about needed reforms: "Only the news media is really going to accomplish this, if they stay with the story." (Steven T. Jones)

Legal counsel

DAVID GREENE


The First Amendment was never about money. Free speech is supposed to be free. But these days threats to the First Amendment are growing, more and more people who lack the resources of a major media outlet are in need of help — and there aren’t many places dedicated to offering that assistance, free.

That’s where David Greene and the First Amendment Project come in.

Since 1999, as a staff attorney and executive director, Greene has helped dozens of freelance journalists, students, nonprofit organizations, and independent media outlets protect and expand their free speech and open government rights.

The operation he runs is totally independent. That’s a key point in an era of massive media consolidation: when the Guardian sought earlier this year to find legal representation to force open the key records in a lawsuit over Dean Singleton’s local newspaper merger, we found that just about every local media law firm represented at least one of the parties to the case and thus was conflicted. The FAP was not.

Greene and the FAP have represented blogger Josh Wolf and freelancer Sarah Olson in landmark subpoena cases. Greene, with the American Civil Liberties Union of Northern California, wrote the amicus brief on behalf of noted literary artists in the California Supreme Court case In re George T., in which the court, relying heavily on the FAP brief, overturned the conviction of a juvenile who made threats to other students with a poem. And the struggle just goes on. The FAP is funded largely by private donations and always needs additional support.

"Unfortunately," Greene told us, "we have to turn away a lot more cases than we can take." (Tim Redmond)

News media

SAN JOSE MERCURY NEWS


After years of last-minute backroom deals at San Jose’s City Hall, things came to a head when the City Council rubber-stamped proposals to give a $4 million subsidy to the San Jose Grand Prix, $80 million for a stadium to keep the Earthquake soccer team from leaving town, and $45 million for new City Hall furniture.

Clearly, something had to give. But it was left to San Jose Mercury News editorial writers to push for transparent and accessible government and better enforcement of the state’s open government laws.

First they shamed the city, pointing out that "San Francisco, Oakland, even Milpitas have better public-access laws." Next they hammered then-mayor Ron Gonzales for saying that calls for more open government were "a bunch of nonsense." Then they printed guiding principles for a proposed sunshine ordinance that they’d developed in conjunction with the League of Women Voters and Mercury News attorney James Chadwick.

When city council member Chuck Reed was elected mayor on a platform of open government reforms, the paper still didn’t give up. Instead, it’s continuing to champion the need to bring more sunshine to San Jose and working with a community task force on breaking new ground, such as taping closed sessions so they can one day be made available when there’s no further need for secrecy.

Somehow the Merc also managed to pull off another amazing feat: the paper built public understanding of and support for sunshine along the way. (Phelan)

SAN MATEO COUNTY TIMES


When outbreaks of the highly contagious norovirus sprang up in a number of California counties, San Mateo County was among those hit. Public health officials, however, would not release the names of the facilities where numerous individuals became infected, citing concerns about privacy and not wanting to discourage facility managers from contacting health officials.

Nonetheless, the San Mateo County Times ran a series of reports on the outbreaks in the named and unnamed facilities. After publishing reports on unnamed facilities, the news staff began to receive phone calls from residents who wanted to know the names of the facilities. Times reporter Rebekah Gordon told us it became clear that the public wanted to know this information, and the paper fought the county’s secrecy.

Gordon learned that facilities are required by law to report outbreaks, regardless of the potential for media exposure. Times attorney Duffy Carolan sought out and won the disclosure of the names of four facilities.

"The county’s initial nondisclosure decision evoked public policy and public safety concerns at a very broad level, and nondisclosure would have had a very profound effect on the public’s ability to obtain information that affects their own health and safety. By persisting in the face of secrecy, the Times was able to establish a precedent and practice that will well serve to inform their readers in the future," Carolan told us.

The paper learned the outbreak was far more widespread than the county had admitted, finding 146 cases in six facilities. Gordon said, "The numbers were so much higher than we were ever led to believe." (Julie Park)

Online free speech

JOSH WOLF


Even as he sits inside the Federal Correctional Institute in Dublin, where he’s been denied on-camera and in-person interviews, jailed freelance journalist Josh Wolf manages to get out the message. Last month Wolf, who is imprisoned for refusing to give up video outtakes of a July 2005 anarchist protest in the Mission that turned violent, earned a place in the Guinness World Records for being the journalist to have served the longest jail term in US history for resisting a subpoena.

His thoughts on the agenda behind his incarceration were read at press conferences that day, reminding everyone of the importance of a free press. Meanwhile, Wolf has managed to continue operating his blog, www.joshwolf.net, by sending letters to family, friends, and fellow journalists, including those at the Guardian.

Wolf has also managed to create two other Web sites: www.mediafreedoms.net, which supports journalists’ resistance to government pressure, and www.prisonblogs.net, which allows prisoners to air thoughts and grievances. If Wolf can do all this from behind bars, imagine what he’ll do when he finally gets out. As Wolf would say, if we could only speak to him without reserving a phone interview 48 hours in advance: "Free press? Then free Josh Wolf!" (Phelan)

Public official

JOHN SARSFIELD


As district attorney for San Benito County, John Sarsfield upset the political applecart when he tried to prosecute the County Board of Supervisors for ignoring the Brown Act’s prohibitions on private communication and consensus building among board members on matters that involved employment decisions, personnel appeals, contracting, and land use–growth control issues.

His decision didn’t sit well in a county where battles over the future of the land have spawned Los Valientes, a secret society that has targeted slow-growth advocates and anyone who gets in its way — including believers in open government. So the board retaliated by defunding Sarsfield’s office, forcing the DA to file for a temporary restraining order against the board, the county administrative officer, and the county auditor, a countermove that kept his office operating and the investigation alive — until he lost his reelection bid to the board’s chosen candidate in January 2006.

One of Los Valientes’s targets, Mandy Rose, a Sierra Club member and slow-growth advocate, recalled how people on the outside warned Sarsfield what he was up against, "but he insisted on working within the system. It was what he believed in. Someone even said he was a Boy Scout."

For his efforts, Sarsfield’s life was turned into a living hell that cost him his dogs, his marriage, and eventually his job. But now, with this award, he gets some small recognition for fighting the good fight. And he has also been appointed special assistant inspector general within the Office of the Inspector General by Gov. Arnold Schwarzenegger. (Phelan)

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


Investigative reporter Lance Williams and sportswriter Mark Fainaru-Wada joined forces in 2003 to take on what became one of the biggest — and most controversial — local news stories of the past five years.

The investigation of the Burlingame-based Bay Area Laboratory Co-operative, better known as BALCO, and the larger scandal of widespread steroid use among baseball players was, the San Francisco Chronicle editors decided, too big for one reporter.

In fact, it turned out to be big enough for a series of stories, a book, and a legal battle that almost sent the two writers to federal prison. The duo admits today it was mostly the fear of getting scooped that drove them through the story’s dramatic rise.

"I’m a baseball fan in recovery," Williams told the Guardian. "I used to think I knew the sport. I didn’t have a clue about this stuff. I’m not kidding you. I had no idea how much a part of baseball steroids had become … that whole sort of seamy underside of the drug culture and the game. I just didn’t know it was like that, and I think most fans don’t either."

Although prosecutors seemed to be focusing on BALCO executives, everyone following the story wanted to know what witnesses — in this case top sports stars — told a federal grand jury investigating the company. The outfit had allegedly distributed undetectable steroids and other designer drugs to some of the world’s greatest athletes, including Giants slugger Barry Bonds, who is on his way to making history with a new home run record.

In 2003 the Chronicle published lurid details of the grand jury’s investigation based on notes Williams and Fainaru-Wada had obtained from court transcripts leaked by an anonymous source. Bonds denied knowingly taking any steroids, but prosecutors waved in the air documents allegedly confirming his regular use of substances banned by Major League Baseball.

Furious prosecutors launched an investigation into the leak of secret grand jury transcripts. The reporters were called on to testify but refused — and so joined two other reporters last year threatened with jail time for resisting subpoenas. A lawyer stepped forward last month and admitted leaking the documents, but Williams and Fainaru-Wada came dangerously close to landing in the same East Bay lockup where blogger Josh Wolf is held for refusing to cooperate with a federal grand jury.

The rash of recent attacks on reporters by federal prosecutors has First Amendment advocates up in arms. After all, no one’s going to leak crucial information if the courts can simply bulldoze the anonymity that journalists grant whistleblowers. Fainaru-Wada and Williams have since inspired a bipartisan proposal in Congress to protect journalists at the federal level (dozens of states already have variations of a shield law in place).

"People roll their eyes when you start talking about the First Amendment," Fainaru-Wada said. "But the First Amendment is not about the press, it’s about the public."

In addition to the James Madison Freedom of Information Award, Williams and Fainaru-Wada’s coverage of the BALCO stories earned them the prestigious George Polk Award. But the story took a dark, unexpected turn last month.

Defense attorney Troy Hellerman, who represented one of the BALCO executives, pleaded guilty Feb. 15 to contempt of court and obstruction of justice charges and could serve up to two years in prison for admitting he twice allowed Fainaru-Wada to take notes from the grand jury’s sealed transcripts.

Just as he was spilling details in 2004, Hellerman demanded that a judge dismiss charges against his client, complaining that the leaks prevented a fair trial. He even blamed the leaks on prosecutors. A deputy attorney general called the moves "an especially cynical abuse of our system of justice."

Media critics lashed out at Williams and Fainaru-Wada for exploiting the leaks before and after Hellerman moved for a dismissal. Among those attacking the Chron reporters were Slate editor Jack Shafer and Tim Rutten at the LA Times, who described the conduct as "sleazy and contemptible."

Williams and Fainaru-Wada today still won’t discuss specifics about their sources, but Williams said without the leaks, names of the athletes involved would have otherwise been kept secret by the government even though the grand jury’s original BALCO investigation was complete.

"The witnesses didn’t have any expectation of privacy or secrecy of any kind," he said. "They were going to be trial witnesses. It was in that context that our reporting got under way. I am sensitive to the need of an investigative grand jury to remain secret. And I’m respectful in general of the government’s secrecy concerns. But it’s not the reporter’s job to enforce that stuff." (G.W. Schulz)

SARAH OLSON


When Oakland freelance writer and radio journalist Sarah Olson stood up to the Army by resisting a subpoena to testify in the case of Iraq war resister First Lt. Ehren Watada, she faced felony charges as well as jail time. But Olson understood that testifying against a source would turn her into an investigative tool of the federal government and chill dissent nationwide. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist anymore," Olson told the Guardian.

She also objected to journalists being asked to participate in the prosecution of free speech. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime," Olson said. Watada, whom Olson interviewed, has been charged with missing a troop movement and conduct unbecoming an officer, because he publicly criticized President George W. Bush and his illegal Iraq War.

In the end, Army prosecutors dropped the subpoena once Watada agreed to stipulate that Olson’s reporting was accurate. Olson, for her part, attributes the dropping of the subpoena to the support she received from media groups, including the Society for Professional Journalists. (Phelan)

Student journalist

STAFF OF THE LOWELL


The 2006 school year got off to a rough start for Lowell High School, one of the top-ranked public high schools in the country and certainly San Francisco’s finest. The school’s award-winning student newspaper the Lowell was covering it all.

After the October issue went to press, the school’s two journalism classes, which are solely responsible for writing and editing content for the monthly paper, received a visit from the school’s interim principal, Amy Hansen. Though Hansen says there was no attempt to censor the paper and the classes agree that no prior review was requested when it appeared that the students would be covering some controversial stories, the principal questioned their motivations as journalists and asked them to consider a number of complicated scenarios designed to make them second-guess their roles as reporters. The principal told the student journalists they had a moral responsibility, not to turn out the news, but to turn in their sources and information.

In separate meetings with each journalism class, Hansen questioned them about when it was appropriate to lay aside the pen and paper in the name of the law. The students maintained that as journalists they are in the position to report what happens and not pass moral judgment. Additionally, their privileged position as information gatherers would be compromised if they revealed their sources.

The lectures from Hansen did not deter the journalism classes from their basic mission to cover school news as objectively and thoroughly as possible. Even when police were called in to question Megan Dickey, who was withholding the name of a source she’d used in a story about a tire slashing, she still refused to say what she knew. (Witherell)

Whistleblower

MARK KLEIN


Mark Klein knew there was something fishy going on when his boss at AT&T told him that a representative of the National Security Agency would be coming by to talk to one of the senior technicians. Klein was a union communications tech, one of the people who keep the phone company’s vast network going every day. The NSA visitor stopped by, and before long Klein learned that AT&T’s building on Folsom Street would have a private room that none of the union techs would be allowed to enter.

Klein kept his eyes open and learned enough from company memos to conclude that the government was using AT&T’s equipment to monitor the private communications of unsuspecting and mostly undeserving citizens. When he retired in May 2004, he took a stack of material with him — and when he read in the New York Times a year and half later that the NSA had indeed been spying on people, he decided to go public.

The 62-year-old East Bay resident had never been a whistleblower. "I didn’t even know where to begin," he told us. So he surfed the Web looking for civil liberties groups and wound up contacting the Electronic Frontier Foundation.

It was a perfect match: the EFF was about to file a landmark class-action lawsuit against AT&T charging the company with collaborating with the government to spy on ordinary citizens — and Klein’s evidence was a bombshell.

"Mark Klein is a true American hero," EFF lawyer Kurt Opsahl told us. "He has bravely come forward with information critical for proving AT&T’s involvement with the government’s invasive surveillance program."

Federal Judge Vaughn Walker has kept Klein’s written testimony under seal, but the EFF is trying to get it released to the public. The suit is moving forward. (Redmond)

SPJ-NorCal’s James Madison Awards dinner is March 13 at 5:30 p.m. at Biscuits and Blues, 401 Mason, SF. Tickets are $50 for members and $70 for the general public. For more information or to see if tickets are still available, contact Matthew Hirsch at (415) 749-5451 or mhirsch@alm.com.

James Madison Freedom of Information Award Winners

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The Society of Professional Journalists’ Northern California Chapter has been handing awards for 22 years to journalists, educators, public officials, and citizens who best exemplify the importance of open and accountable government and a free and diligent press. And every year the Guardian recognizes the winners and helps highlight the important issues that they raise for the Bay Area and beyond. Here are this year’s winners:

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


Three few years ago the Oakland Unified School District announced that, due to budget constraints, it was shutting down all the student-run newspapers in the district. Rowland "Reb" Rebele lives in Aptos, but he read about the shutdown in a San Francisco Chronicle column.

He picked up the phone, made some calls, and found out the situation was desperate and how much money was needed. He then wrote a check sufficient to resurrect the student newspapers for a year. Then he kept on writing checks to keep the papers going last year and again this year. This was typical of Rebele. No one asked him for help. He received virtually no acknowledgment for his gift. But his timely action turned the lights back on for fledgling newspapers that were out of money and, it seemed, out of luck.

Rebele is a First Amendment mensch (a description that James Madison, had he any familiarity with Yiddish, would have approved of). In his half century of publishing community newspapers that he owned and operated in Coalinga, Chula Vista, and Paradise in California and across the country, he was energetic, inspiring, and devoted to his readers and his communities, and a demon in pushing for open government and accountability. He pursued the same policies as a stalwart for half a century in the California Newspaper Publishers Association and as an activist president who brought key reforms and exceptional leaders to the organization.

Rebele has been a director of the California First Amendment Coalition for a decade. He quickly became the one truly indispensable member of the organization, pushing it, pulling it, holding it together, and cajoling it to broaden its activities because he felt the organization and its mission were vital.

He has also launched an innovative internship program at Stanford University. Rather than just give money to the school, he and his wife, Pat, created a program that has enabled dozens of students to get hands-on experience writing for real newspapers in California. Quietly and selflessly, Rebele has spent his newspaper career fighting the good fight for First Amendment and public interest principles. (Bruce B. Brugmann)

Beverly Kees Educator Award

ROBERT OVETZ


Art Institute of San Francisco instructor Robert Ovetz was fired after he criticized the administration for confiscating a magazine his students produced for his class last December.

Ovetz, who had taught at the institute for three years, told his students to create a "culturally critical" magazine as their final project for a cultural studies class he taught last fall. They produced a 36-page zine called Mute/Off.

Less than 24 hours after he and students distributed 500 copies of the magazine, which Ovetz printed with the institute’s copy machine, most were gone. Ovetz initially attributed their disappearance to popularity, but he soon learned from students that the administration of the school, which was purchased by Goldman Sachs and General Electric last year, had removed them from its campuses and even literally pulled them out of students’ hands.

"This is an example of how a corporation is not held accountable for upholding basic constitutional rights [to] free speech. This is a private company that’s operating as an institution of higher learning," Ovetz told the Guardian. "Its only interest is its bottom line, and its bottom line is profit."

Ovetz complained to the administration about vioutf8g the students’ freedom of speech and received his pink slip Dec. 20, 2006. Dean of Academic Affairs Caren Meghreblian told Ovetz the magazine possibly violated copyright law by reproducing corporate logos without permission and had grammatical errors. She also said a story in the magazine called "Homicide," about three white kids playing a video game as black gangsters, might be racist.

After Ovetz and students complained and the media reported the story, the administration allowed students to redistribute the magazines, but it still refuses to give Ovetz his job back. (Chris Albon)

To size up the magazine yourself, visit www.brandedmonkey.com/muteOffLowRes.pdf.

Citizen

RYAN MCKEE


The object of the California Public Records Act is to ensure the people’s right to know how their state and local governments are functioning. Newspapers are often the entities that test the limits and loopholes of the law. But in January 2006 an 18-year-old college student, Ryan McKee, undertook an audit of each of the 31 California state agencies that was the first of its kind. McKee tested how these agencies, which he personally visited, responded to simple requests to view and get copies of readily available public documents. The results revealed a disturbing pattern. Several agencies performed miserably, including the Department of Justice, which counsels and represents many other state agencies on the Public Records Act, and all of the agencies violated at least one aspect of the law. Common problems included asking for identification, making illegal charges, and taking longer than allowed to release information. McKee undertook the audit while volunteering for Californians Aware, a nonprofit where his father, Richard McKee, is president. A copy of the audit, including its results and grades, was sent to each agency to help it better understand and adjust to its responsibilities. (Sarah Phelan)

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


ANG Newspapers regional reporters Rebecca Vesely and Michele Marcucci are being honored for the series "Broken Homes" and their unflinching pursuit of public records that exposed negligent care administered to people with autism and other forms developmental disabilities. The series highlighted problems ranging from a lack of proper supervision to unlicensed officials working at health care facilities. Some of these offenses were then linked to patient deaths.

The award recognizes the daunting and tedious task that befell the journalists: 15 months of scouring thousands of hard-copy papers from dozens of sources that included licensing agencies, multiple law enforcement bureaus, and coroner’s offices. The results were entered into a database and cross-checked against other sources of information.

"It’s not like we work at the New York Times, where you can lock yourself in a room for a year. This is one-stop shopping here," Marcucci told the Guardian, noting that both reporters continued their daily beats while working on the project. The series was well received and helped prompt state officials to reinstate inspections of licensed facilities that had been eliminated due to budget cuts. (Christopher Jasmin)

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


Two reporters from the Sacramento Bee, Andrew McIntosh and John Hill, get Freedom of Information props for exposing the cronyism and the corruption of the California Highway Patrol.

The two wrote a series of articles detailing how the CHP violated state and department regulations in awarding contracts for items ranging from pistols to helicopters.

"The CHP spends hundreds of millions of dollars each year on equipment and goods," McIntosh told the Guardian. "That’s taxpayer money."

McIntosh said he and Hill took a systematic look at the department’s bidding process and found it was not competitive. The investigation led to the suspension of one officer, Gregory Williams, who the reporters found had awarded $600,000 worth of contracts to his daughter’s company for license plate scanning devices, $500,000 of which was canceled after the reporters exposed the scandal.

The reporters also found the CHP, which controls signature gathering at the Department of Motor Vehicles and other state buildings, denied more than 100 applications for permission to register voters or solicit signatures. Other stories pushed Senate majority leader Gloria Romero and Assemblymember Bonnie Garcia to call for a state audit of the CHP.

McIntosh told us the investigation showed "the CHP is not above public scrutiny or the law when it comes to business dealings." (Albon)

MEERA PAL, CONTRA COSTA TIMES


A good mayoral race isn’t really fun unless a bit of scandal emerges, like it did in Pleasanton two weeks before the November 2006 election.

Meera Pal decided to research the roots of a story that was handed to her by city council member Steve Brozosky, who was challenging incumbent mayor Jennifer Hosterman. Brozosky gave Pal e-mails his campaign treasurer obtained through open-records laws that showed Hosterman may have used her city e-mail account to solicit campaign donations and endorsements, a violation of state law.

But Pal went beyond Brozosky’s story and submitted her own public records requests for the city e-mail account of the mayor, as well as a year’s worth of e-mail from Brozosky and the three other council members.

Pal’s public records request revealed that Brozosky’s inbox was completely void of any e-mail, something neither he nor the city’s IT manager could explain. Brozosky is a computer expert who runs a company that vends city Web site software, so his technical expertise made the situation even more suspicious.

Investigations revealed it was just a setting on his computer that was inadvertently scrubbing the e-mail from the city’s server. Though both violations aren’t necessarily serious crimes, the race was close enough that dirt on either side could have had a profound impact on the outcome, and the results show 68,000 voters who were truly torn during the last two weeks before election day while Pal was reporting these stories. Hosterman eventually won by just 188 votes. (Amanda Witherell)

SUSAN SWARD, BILL WALLACE, ELIZABETH FERNANDEZ, AND SETH ROSENFELD, SAN FRANCISCO CHRONICLE


In the wake of 2003’s so-called Fajitagate police scandal — in which San Francisco officer Alex Fagan Jr. and others were accused of assaulting and then covering up their alleged vicious beating of innocent citizens — the San Francisco Chronicle uncovered records showing that Fagan’s short history on the force was marked by regular incidents of abusive behavior, the kind of records that should have served as a warning for the problems to come.

"We decided to take a look to see how common it was. And we spent a lot of time doing that," Steve Cook, the Chronicle editor of what became last year’s five-part "Use of Force" series, told the Guardian. The team used the Sunshine Ordinance to gather boxloads of records on use-of-force incidents, which it organized into a database that was then supplemented and cross-referenced with a wide variety of other public records, along with old-fashioned shoe leather reporting, all the while fighting through bureaucratic denials and delays.

Despite an embarrassing mislabeled photo on the first day of the series that served as fodder for attacks by the Police Department and Mayor’s Office, the series made clear that rogue cops were abusing their authority, totally unchecked by their supervisors. "We were proud of what we were able to show," Cook said. "We showed a department in need of some basic reforms."

The series helped spur the early intervention system that was recently approved by the Police Commission. It’s a good first step, but one criticized by the Chron and the Guardian for failing to include some key indicators used in other cities (see our editorial "Fix Early Warning for Cops," 2/28/07), something that Cook said requires ongoing vigilance by the press, to bring about needed reforms: "Only the news media is really going to accomplish this, if they stay with the story." (Steven T. Jones)

Legal counsel

DAVID GREENE


The First Amendment was never about money. Free speech is supposed to be free. But these days threats to the First Amendment are growing, more and more people who lack the resources of a major media outlet are in need of help — and there aren’t many places dedicated to offering that assistance, free.

That’s where David Greene and the First Amendment Project come in.

Since 1999, as a staff attorney and executive director, Greene has helped dozens of freelance journalists, students, nonprofit organizations, and independent media outlets protect and expand their free speech and open government rights.

The operation he runs is totally independent. That’s a key point in an era of massive media consolidation: when the Guardian sought earlier this year to find legal representation to force open the key records in a lawsuit over Dean Singleton’s local newspaper merger, we found that just about every local media law firm represented at least one of the parties to the case and thus was conflicted. The FAP was not.

Greene and the FAP have represented blogger Josh Wolf and freelancer Sarah Olson in landmark subpoena cases. Greene, with the American Civil Liberties Union of Northern California, wrote the amicus brief on behalf of noted literary artists in the California Supreme Court case In re George T., in which the court, relying heavily on the FAP brief, overturned the conviction of a juvenile who made threats to other students with a poem. And the struggle just goes on. The FAP is funded largely by private donations and always needs additional support.

"Unfortunately," Greene told us, "we have to turn away a lot more cases than we can take." (Tim Redmond)

News media

SAN JOSE MERCURY NEWS


After years of last-minute backroom deals at San Jose’s City Hall, things came to a head when the City Council rubber-stamped proposals to give a $4 million subsidy to the San Jose Grand Prix, $80 million for a stadium to keep the Earthquake soccer team from leaving town, and $45 million for new City Hall furniture.

Clearly, something had to give. But it was left to San Jose Mercury News editorial writers to push for transparent and accessible government and better enforcement of the state’s open government laws.

First they shamed the city, pointing out that "San Francisco, Oakland, even Milpitas have better public-access laws." Next they hammered then-mayor Ron Gonzales for saying that calls for more open government were "a bunch of nonsense." Then they printed guiding principles for a proposed sunshine ordinance that they’d developed in conjunction with the League of Women Voters and Mercury News attorney James Chadwick.

When city council member Chuck Reed was elected mayor on a platform of open government reforms, the paper still didn’t give up. Instead, it’s continuing to champion the need to bring more sunshine to San Jose and working with a community task force on breaking new ground, such as taping closed sessions so they can one day be made available when there’s no further need for secrecy.

Somehow the Merc also managed to pull off another amazing feat: the paper built public understanding of and support for sunshine along the way. (Phelan)

SAN MATEO COUNTY TIMES


When outbreaks of the highly contagious norovirus sprang up in a number of California counties, San Mateo County was among those hit. Public health officials, however, would not release the names of the facilities where numerous individuals became infected, citing concerns about privacy and not wanting to discourage facility managers from contacting health officials.

Nonetheless, the San Mateo County Times ran a series of reports on the outbreaks in the named and unnamed facilities. After publishing reports on unnamed facilities, the news staff began to receive phone calls from residents who wanted to know the names of the facilities. Times reporter Rebekah Gordon told us it became clear that the public wanted to know this information, and the paper fought the county’s secrecy.

Gordon learned that facilities are required by law to report outbreaks, regardless of the potential for media exposure. Times attorney Duffy Carolan sought out and won the disclosure of the names of four facilities.

"The county’s initial nondisclosure decision evoked public policy and public safety concerns at a very broad level, and nondisclosure would have had a very profound effect on the public’s ability to obtain information that affects their own health and safety. By persisting in the face of secrecy, the Times was able to establish a precedent and practice that will well serve to inform their readers in the future," Carolan told us.

The paper learned the outbreak was far more widespread than the county had admitted, finding 146 cases in six facilities. Gordon said, "The numbers were so much higher than we were ever led to believe." (Julie Park)

Online free speech

JOSH WOLF


Even as he sits inside the Federal Correctional Institute in Dublin, where he’s been denied on-camera and in-person interviews, jailed freelance journalist Josh Wolf manages to get out the message. Last month Wolf, who is imprisoned for refusing to give up video outtakes of a July 2005 anarchist protest in the Mission that turned violent, earned a place in the Guinness World Records for being the journalist to have served the longest jail term in US history for resisting a subpoena.

His thoughts on the agenda behind his incarceration were read at press conferences that day, reminding everyone of the importance of a free press. Meanwhile, Wolf has managed to continue operating his blog, www.joshwolf.net, by sending letters to family, friends, and fellow journalists, including those at the Guardian.

Wolf has also managed to create two other Web sites: www.mediafreedoms.net, which supports journalists’ resistance to government pressure, and www.prisonblogs.net, which allows prisoners to air thoughts and grievances. If Wolf can do all this from behind bars, imagine what he’ll do when he finally gets out. As Wolf would say, if we could only speak to him without reserving a phone interview 48 hours in advance: "Free press? Then free Josh Wolf!" (Phelan)

Public official

JOHN SARSFIELD


As district attorney for San Benito County, John Sarsfield upset the political applecart when he tried to prosecute the County Board of Supervisors for ignoring the Brown Act’s prohibitions on private communication and consensus building among board members on matters that involved employment decisions, personnel appeals, contracting, and land use–growth control issues.

His decision didn’t sit well in a county where battles over the future of the land have spawned Los Valientes, a secret society that has targeted slow-growth advocates and anyone who gets in its way — including believers in open government. So the board retaliated by defunding Sarsfield’s office, forcing the DA to file for a temporary restraining order against the board, the county administrative officer, and the county auditor, a countermove that kept his office operating and the investigation alive — until he lost his reelection bid to the board’s chosen candidate in January 2006.

One of Los Valientes’s targets, Mandy Rose, a Sierra Club member and slow-growth advocate, recalled how people on the outside warned Sarsfield what he was up against, "but he insisted on working within the system. It was what he believed in. Someone even said he was a Boy Scout."

For his efforts, Sarsfield’s life was turned into a living hell that cost him his dogs, his marriage, and eventually his job. But now, with this award, he gets some small recognition for fighting the good fight. And he has also been appointed special assistant inspector general within the Office of the Inspector General by Gov. Arnold Schwarzenegger. (Phelan)

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


Investigative reporter Lance Williams and sportswriter Mark Fainaru-Wada joined forces in 2003 to take on what became one of the biggest — and most controversial — local news stories of the past five years.

The investigation of the Burlingame-based Bay Area Laboratory Co-operative, better known as BALCO, and the larger scandal of widespread steroid use among baseball players was, the San Francisco Chronicle editors decided, too big for one reporter.

In fact, it turned out to be big enough for a series of stories, a book, and a legal battle that almost sent the two writers to federal prison. The duo admits today it was mostly the fear of getting scooped that drove them through the story’s dramatic rise.

"I’m a baseball fan in recovery," Williams told the Guardian. "I used to think I knew the sport. I didn’t have a clue about this stuff. I’m not kidding you. I had no idea how much a part of baseball steroids had become … that whole sort of seamy underside of the drug culture and the game. I just didn’t know it was like that, and I think most fans don’t either."

Although prosecutors seemed to be focusing on BALCO executives, everyone following the story wanted to know what witnesses — in this case top sports stars — told a federal grand jury investigating the company. The outfit had allegedly distributed undetectable steroids and other designer drugs to some of the world’s greatest athletes, including Giants slugger Barry Bonds, who is on his way to making history with a new home run record.

In 2003 the Chronicle published lurid details of the grand jury’s investigation based on notes Williams and Fainaru-Wada had obtained from court transcripts leaked by an anonymous source. Bonds denied knowingly taking any steroids, but prosecutors waved in the air documents allegedly confirming his regular use of substances banned by Major League Baseball.

Furious prosecutors launched an investigation into the leak of secret grand jury transcripts. The reporters were called on to testify but refused — and so joined two other reporters last year threatened with jail time for resisting subpoenas. A lawyer stepped forward last month and admitted leaking the documents, but Williams and Fainaru-Wada came dangerously close to landing in the same East Bay lockup where blogger Josh Wolf is held for refusing to cooperate with a federal grand jury.

The rash of recent attacks on reporters by federal prosecutors has First Amendment advocates up in arms. After all, no one’s going to leak crucial information if the courts can simply bulldoze the anonymity that journalists grant whistleblowers. Fainaru-Wada and Williams have since inspired a bipartisan proposal in Congress to protect journalists at the federal level (dozens of states already have variations of a shield law in place).

"People roll their eyes when you start talking about the First Amendment," Fainaru-Wada said. "But the First Amendment is not about the press, it’s about the public."

In addition to the James Madison Freedom of Information Award, Williams and Fainaru-Wada’s coverage of the BALCO stories earned them the prestigious George Polk Award. But the story took a dark, unexpected turn last month.

Defense attorney Troy Hellerman, who represented one of the BALCO executives, pleaded guilty Feb. 15 to contempt of court and obstruction of justice charges and could serve up to two years in prison for admitting he twice allowed Fainaru-Wada to take notes from the grand jury’s sealed transcripts.

Just as he was spilling details in 2004, Hellerman demanded that a judge dismiss charges against his client, complaining that the leaks prevented a fair trial. He even blamed the leaks on prosecutors. A deputy attorney general called the moves "an especially cynical abuse of our system of justice."

Media critics lashed out at Williams and Fainaru-Wada for exploiting the leaks before and after Hellerman moved for a dismissal. Among those attacking the Chron reporters were Slate editor Jack Shafer and Tim Rutten at the LA Times, who described the conduct as "sleazy and contemptible."

Williams and Fainaru-Wada today still won’t discuss specifics about their sources, but Williams said without the leaks, names of the athletes involved would have otherwise been kept secret by the government even though the grand jury’s original BALCO investigation was complete.

"The witnesses didn’t have any expectation of privacy or secrecy of any kind," he said. "They were going to be trial witnesses. It was in that context that our reporting got under way. I am sensitive to the need of an investigative grand jury to remain secret. And I’m respectful in general of the government’s secrecy concerns. But it’s not the reporter’s job to enforce that stuff." (G.W. Schulz)

SARAH OLSON


When Oakland freelance writer and radio journalist Sarah Olson stood up to the Army by resisting a subpoena to testify in the case of Iraq war resister First Lt. Ehren Watada, she faced felony charges as well as jail time. But Olson understood that testifying against a source would turn her into an investigative tool of the federal government and chill dissent nationwide. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist anymore," Olson told the Guardian.

She also objected to journalists being asked to participate in the prosecution of free speech. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime," Olson said. Watada, whom Olson interviewed, has been charged with missing a troop movement and conduct unbecoming an officer, because he publicly criticized President George W. Bush and his illegal Iraq War.

In the end, Army prosecutors dropped the subpoena once Watada agreed to stipulate that Olson’s reporting was accurate. Olson, for her part, attributes the dropping of the subpoena to the support she received from media groups, including the Society for Professional Journalists. (Phelan)

Student journalist

STAFF OF THE LOWELL


The 2006 school year got off to a rough start for Lowell High School, one of the top-ranked public high schools in the country and certainly San Francisco’s finest. The school’s award-winning student newspaper the Lowell was covering it all.

After the October issue went to press, the school’s two journalism classes, which are solely responsible for writing and editing content for the monthly paper, received a visit from the school’s interim principal, Amy Hansen. Though Hansen says there was no attempt to censor the paper and the classes agree that no prior review was requested when it appeared that the students would be covering some controversial stories, the principal questioned their motivations as journalists and asked them to consider a number of complicated scenarios designed to make them second-guess their roles as reporters. The principal told the student journalists they had a moral responsibility, not to turn out the news, but to turn in their sources and information.

In separate meetings with each journalism class, Hansen questioned them about when it was appropriate to lay aside the pen and paper in the name of the law. The students maintained that as journalists they are in the position to report what happens and not pass moral judgment. Additionally, their privileged position as information gatherers would be compromised if they revealed their sources.

The lectures from Hansen did not deter the journalism classes from their basic mission to cover school news as objectively and thoroughly as possible. Even when police were called in to question Megan Dickey, who was withholding the name of a source she’d used in a story about a tire slashing, she still refused to say what she knew. (Witherell)

Whistleblower

MARK KLEIN


Mark Klein knew there was something fishy going on when his boss at AT&T told him that a representative of the National Security Agency would be coming by to talk to one of the senior technicians. Klein was a union communications tech, one of the people who keep the phone company’s vast network going every day. The NSA visitor stopped by, and before long Klein learned that AT&T’s building on Folsom Street would have a private room that none of the union techs would be allowed to enter.

Klein kept his eyes open and learned enough from company memos to conclude that the government was using AT&T’s equipment to monitor the private communications of unsuspecting and mostly undeserving citizens. When he retired in May 2004, he took a stack of material with him — and when he read in the New York Times a year and half later that the NSA had indeed been spying on people, he decided to go public.

The 62-year-old East Bay resident had never been a whistleblower. "I didn’t even know where to begin," he told us. So he surfed the Web looking for civil liberties groups and wound up contacting the Electronic Frontier Foundation.

It was a perfect match: the EFF was about to file a landmark class-action lawsuit against AT&T charging the company with collaborating with the government to spy on ordinary citizens — and Klein’s evidence was a bombshell.

"Mark Klein is a true American hero," EFF lawyer Kurt Opsahl told us. "He has bravely come forward with information critical for proving AT&T’s involvement with the government’s invasive surveillance program."

Federal Judge Vaughn Walker has kept Klein’s written testimony under seal, but the EFF is trying to get it released to the public. The suit is moving forward. (Redmond)

SPJ-NorCal’s James Madison Awards dinner is March 13 at 5:30 p.m. at Biscuits and Blues, 401 Mason, SF. Tickets are $50 for members and $70 for the general public. For more information or to see if tickets are still available, contact Matthew Hirsch at (415) 749-5451 or mhirsch@alm.com.

Editor’s Notes

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› tredmond@sfbg.com

I don’t think anyone has seriously challenged an incumbent San Francisco Democrat for a seat in the state legislature while I’ve lived here, and that’s going on 25 years. So we all know that the race between Mark Leno, the challenger, and Carole Migden, the state senator, marks a change in local politics.

For one thing, it’s a major race, for a key political position — and there’s no official establishment candidate. Both Leno and Migden have ties to some very powerful interests in town; both of them will be able to raise a lot of money and line up an impressive list of endorsements. But as we saw from Leno’s campaign kickoff March 2, the political split is going to be highly unusual in a town where grassroots progressives versus the downtown machine has been pretty much the political mantra for a generation.

Five years ago, when then-supervisor Leno and former supervisor Harry Britt fought for the open District 13 assembly seat, it wasn’t hard to take sides. The progressives were behind Britt (and so was Migden); the moderates, the business types, and kingmaker Willie Brown were behind Leno. But Leno has moved considerably to the left over the past few years and has been a good legislator. A lot of the former Britt supporters may well wind up in his camp this time around.

At his kickoff, though, that wasn’t what you saw: District Attorney Kamala Harris was by his side, along with Treasurer Phil Ting, Assemblymember Fiona Ma, and San Francisco Public Utilities Commission boss Susan Leal. Harris and Leal are decent people who have taken some good progressive stands, but they aren’t exactly a definitive lineup of San Francisco’s left leadership. Ma was a horrible supervisor. Community college board member Natalie Berg is nothing if not an old machine hack.

Migden isn’t exactly pals with everyone on the left in this town either: she pissed off a lot of party activists by supporting Steve Westly over Phil Angelides for governor (although she could certainly argue now, given Angelides’s rather poor showing, that the centrist Westly was a more practical choice). And she’s been far less visible in town than Leno, who really works the San Francisco constituency.

Neither Leno nor Migden has done anything remotely close to what Brown and Phil and John Burton did in their days in the state legislature (and later Congress). The level of fear and intimidation from the top dogs in the Democratic Party is well on the wane.

It’s going to be hard for local politicians to make a choice in this race — but not because they fear the consequences of defying one side or the other. Frankly, if you’re a member of the San Francisco Board of Supervisors or the school board or community college board, or a prominent fundraiser in the Democratic Party, neither Migden nor Leno is terribly scary.

This is a good thing. We’re making progress.

For the grassroots activists who will be propelling the campaigns on the ground, the challenge will be not just to promote their own candidates but to avoid a queer-left schism that will last beyond the election. Queer-labor activist Robert Haaland has a proposal, which is posted on the politics blog at www.sfbg.com: he suggests that everyone — not just the candidates but also their supporters — promise not to resort to sleazy attacks and to remember that we will all have to work together another day. Migden and Leno have both signed on. Now let’s see if they can force their campaign consultants and political allies to get with the program.

That would be progress indeed. *

Up on the roof

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During these past six lovely years of Bush and Cheney, one has become almost nostalgic about duels — the calling out of adversaries to settle matters of honor with pistols — even if one or both adversaries should hold high office. But the duel isn’t dead, of course; it’s just the pistols that are gone, replaced in many instances by fanged memoirs.

Walter Scheib and Roland Mesnier aren’t exactly Aaron Burr and Alexander Hamilton, but they are Washington, D.C., figures of recent vintage, they worked together, they plainly did not get along, and now each has published a book of reminiscences that does not flatter the other. Scheib was the White House chef from 1994 to 2005, and his book (with Andrew Friedman) is called White House Chef: Eleven Years, Two Presidents, One Kitchen (Wiley, $24.95); Mesnier was White House pastry chef from 1979 to 2004, and his memoir (with Christian Malard) is titled All the President’s Pastries: Twenty-five Years in the White House (Flammarion, $24.95).

Mesnier’s is the more unintentionally comic performance. He recounts history as a series of elaborate desserts served to the high and mighty. Scheib’s story, while briefer, carries greater significance, for he was hired by Hillary Rodham Clinton in 1994 to make the White House a setting for the best in American food and wine. He stayed on through the first term of George W. Bush, even as Hillary’s culinary revolution was chucked in favor of what Scheib calls "country club" cuisine: hot dogs, fish cooked to death, and lots of beef tenderloin.

Hillary turns out to be an unexpected point of convergence for this pair of kitchen antagonists. Both men respected and liked her, and Scheib, in particular, gives us a picture of a woman who, despite a rather icy public image, understood the broad and deep meanings of food, for human sociability and health as well as for the fate of the earth. Ronald Reagan might have made it his first order of presidential business to remove Jimmy Carter’s solar panels from the White House roof, but Scheib, with Hillary’s support, started growing organic vegetables up there. (Interesting factoid: far fewer insects are to be found several stories above ground, so the need for pest control in a rooftop garden is dramatically reduced.)

Memo to Hillary: if you make it, how about an organic rooftop garden and solar panels?

Paul Reidinger

› paulr@sfbg.com

Bong hits the mainstream

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› johnny@sfbg.com

When I first saw Bong [Joon-ho]’s new film, The Host … I recovered a long-dissolving hope for the future of movies…. I had heard about this Korean monster flick … but nothing had prepared me for the carnivalesque, politically acidic megaspectacle that unspooled, seducing me and the rest of the audience into a state of childlike rapture.

"Gogol in Seoul," by Gary Indiana, Artforum

To inspire "childlike rapture" in Gary Indiana, a wizened contender for the most truthfully caustic novelist and political commentator of our time, one must possess amazing powers as a filmmaker. Amazing powers — of imagination, societal observation, and colorful vérité-based pop symbolism — are exactly what Bong Joon-ho has, in measures that have grown in size and scope with each of his three features to date. Indiana’s recent cover essay on Bong marks the first time in years (if not ever) that a commercial film has taken over the cover of Artforum — just one sign of its subject’s imminent pop art impact. But while Indiana’s excellent piece draws upon Nikolay Gogol, Antonio Gramsci, post-Confucian history, and enthusiasm for the rich pleasures of contemporary South Korean film, it ignores one major stylistic source of The Host‘s ability to induce kidlike joy. With his latest film, Bong announces himself as the heir apparent to Steven Spielberg — an heir who replaces Spielberg’s reactionary tendencies with an acutely observant antiestablishment viewpoint.

It’s easy to see why Indiana would steer clear of citing the man who birthed E.T. He might consider Spielberg the epitome of the "Hollywood tripe" that had just about permanently driven him from movie theaters. If so, he has my sympathy. Within the strange world of film criticism, few phenomena have been more vexing than the penchant of elite East Coast and Hollywood-hooked critics to overlook Spielberg’s cornball antics and project all manner of philosophical profundity onto his flair for spectacle. Is it not fair to assert that, aside from passages of 2001’s A.I. and 2002’s Minority Report, Spielberg has failed to deliver on the promise of his ’70s and early-’80s megamarketable hits?

Filmmakers from outside the United States have a different appreciation of the Spielberg effect — that moment when the adult complexities of movies from the early ’70s gave way to blockbusters. A director such as Japan’s Kiyoshi Kurosawa would pinpoint that change as the moment in 1975 when Jaws generated lines all the way around now-extinct movie palaces. Clearly, from that film through the 1982 summer that brought E.T. and Poltergeist, Spielberg demonstrated a facility for pop imagery that was as potent as Andy Warhol’s, perhaps more resonant, and definitely more lucrative. Lost in his pop dynamism’s wake, however, were infinite degrees of human experience. A case could be made that Spielberg’s brand of humanism is in fact inhumane and in perfect lockstep with a society in which democracy is defined as capitalism.

An isolated viewing of Bong’s first film, the 2000 satire Barking Dogs Never Bite, wouldn’t suggest a predecessor to the young Spielberg. Only Bong’s gift for physical comedy and his eye for everyday pop iconography (such as photocopied missing dog posters) distinguish his debut from likable recent South Korean movies such as Take Care of My Cat, A Good Lawyer’s Wife, and Rules of Dating. Like those movies, Barking Dogs is more naturally multifaceted than Sundance indie drivel. The story line gives a wannabe professor a lesson in class struggle: rather than Marxist platitudes, Yoon-ju (Lee Sung-jae) learns from the street, or more accurately, the subterranean realm Bong often explores. Instead of The Host‘s marauding many-ton guppy, the movie’s beasts are canine and domestic. But there are clear hints of what’s to come in Bong’s career. The director’s eye for bright yellow symbolism and affinity for characters who work in cramped Kwik-E-Marts and offices are already apparent. A shot of a row of cement walls within the basement of the movie’s apartment building will be echoed in The Host by an eerie, signature glimpse of the creature distending its lassolike tail under a bridge to go for another murderous dip.

"Nobody in this country follows rules since the liberation," one character proclaims in Barking Dogs Never Bite, but Bong’s 2003 fact-based follow-up, Memories of Murder, shows that the era of Chun Doo-wan’s dictatorship was certainly no better — equipped with siren calls and an endless variety of misused police force, it’s the perfect oppressive backdrop for South Korea’s first serial killer. Memories seems to obey every basic conceit of serial killer suspense films while enriching and subverting the genre. (The smartest character is a briefly glimpsed female detective whose insight is ignored by the warring male leads.) When Memories had its first SF engagement in 2004, I praised Bong’s ability to fashion a thriller into a societal and political indictment, even likening it to M. At the time I wondered if such praise was too lavish, but now I only regret not noting the influence of the aforementioned Kurosawa, whom Bong has cited as one contemporary. Kurosawa’s peak efforts, 1997’s Cure and the 2001 Japanese version of Pulse, don’t strive for or possess the pop appeal of Bong’s work, but Bong has learned plenty from their maker’s keen critical knowledge of film history — and contemporary madness. Memories is also the first time he proves commercial strictures can be trampoline flexible in terms of revealing individual and group character.

The Host is the Spielberg movie that Spielberg never made, the one where E.T. and the shark from Jaws are fused together into a rampaging tragicomic beast that doubles as an entire country and even a globe overrun by the toxins of US military paranoia. (It’s also a perfect antidote to War of the Worlds‘ abundant US-centric phoniness.) Each member of the film’s core ragtag family, including Bong regulars such as the always endearing Bae Du-na (from Barking Dogs) and the less famous, underrated Park Hae-il (hauntingly fierce in Memories and better in Park Chan-ok’s Jealousy Is My Middle Name), is as nuanced as Homer Simpson–esque protagonist Park Gang-du (Song Kang-ho), who undergoes wild tortures because he refuses to stop telling the truth. The anarchic hilarity and horror of the creature’s first rampage in The Host are more than matched by Park’s family, whose grieving turns slapstick in an uproarious follow-up scene. One suspects Bong has as many tales as The Host‘s creature has tails. This convert can’t wait to see more of them. *

AN EVENING WITH BONG JOON-HO

Mon/5, 6:30 p.m. Memories of Murder; 9:45 p.m. Barking Dogs Never Bite; $9–$11

Clay Theatre

2261 Fillmore, SF

(415) 267-4893

www.sffs.org

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The Wild, Wild West

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› amanda@sfbg.com

As a production assistant for a visual effects studio, Robert Seeley had a job at the Orphanage that was nuts and bolts for the movie industry — handling paperwork, overseeing schedules, arranging deliveries, and making sure folks were fed, clients were happy, and many of the million little logistics for a film project were coordinated.

His days began with an hour-long commute from Pleasant Hill to the Presidio, where the Orphanage is based. Mornings started around 9, and the typical workday ran about 10 hours. Or it did when he started there, in July 2006.

"There was a snowball effect. It started out as a regular 10-hour workday. It slowly built to 12, then 16," Seeley told the Guardian.

At one point, Seeley charges, he was asked to work a 20-hour shift — and return to work two and a half hours later. When he didn’t come in, he was fired.

Seeley sued, and the case was eventually settled. But along the way, the lawyers for the Orphanage raised a startling argument: since the Presidio is a federal enclave, they said, California labor law, which restricts the length of shifts, doesn’t apply.

"This was a really straightforward, meat and potatoes case," Seeley’s lawyer, Steve Sommers, told the Guardian. "And if he worked across the street, it would have been a slam dunk."

If the legal argument advanced by the studio as a response to Seeley’s lawsuit is right — and some labor experts say it may very well be — then none of the private companies that lease space at the Presidio have to follow any state or local labor laws. That means no California or San Francisco minimum wage, no workplace safety statutes, nothing. And since state law is generally far tougher than federal law, the difference could be profound.

There are hundreds of people working for private companies in the Presidio, which operates under a unique arrangement that allows private, commercial development in a national park.

Federal regulations are almost always weaker than California’s — and not necessarily improving. "Federal laws are evolving backwards for the most part," said Katie Quan, associate chair for Labor Research and Education at UC Berkeley. "There have been attempts to weaken benefits, Social Security, who can and can’t join unions. Even the new minimum wage that’s been passed — there’s a big question as to whether or not [George W.] Bush will sign it."

While California’s minimum wage is $7.50 and San Francisco’s is $9.14, the federal hourly rate is currently $5.15 — and arguably the only one that applies in the Presidio.

Several employment lawyers contacted by us initially suggested that California’s labor statutes would have to apply in the Presidio, but Chris Cannon, a lawyer familiar with the situation, did not.

"I’ve gotten a lot of people acquitted on a criminal basis applying that same validity," he said of the cases the Orphanage’s lawyers used to back up their argument. "It’s like a little piece of Nevada here in California."

Cannon has litigated several cases in the Presidio, most notably on the controversial issue of where and when dogs can be off leash. "Given the history of the Presidio, I think there’s a very good argument that California laws don’t apply."

It’s easy to extrapolate that nothing that’s been passed in Sacramento or at City Hall would apply to the Presidio, including the recent universal health care plan passed by the Board of Supervisors and the paid sick-leave that voters approved.

The upshot: the author of the bill establishing the Presidio park, House Speaker Nancy Pelosi, who is a big favorite of organized labor, may have created a place where private employers can freely flout state and local laws designed to protect workers.

Lieutenant Jeff Wasserman of the US Park Police, which has exclusive jurisdiction over the Presidio, said, "We only have to follow federal laws. However, the US attorney has in the past asked us to adhere to state laws simply because they think it’s the right thing to do."

One of Wasserman’s examples involved a California law that speed limits may only be adjusted based on recommendations from a traffic engineer, which was established to prevent cops from setting speed traps. To Wasserman’s knowledge, California is the only state with this restriction, and it’s been extended to the Presidio. "The US Attorney felt that it was fair that if the surrounding streets followed it, we should too." He added that juvenile arrests in the Presidio have also stood up in local courts because the federal laws are so weak in that regard.

Two dozen companies contacted by us were asked questions regarding employment protocol, and all said they paid San Francisco’s minimum wage or better and insisted they followed both federal and state labor laws. The largest employer in the Presidio, LucasFilm, did not respond to the questions.

Carsten Sorensen, CEO of the Orphanage, said, "We follow the letter of the law. We were told by our attorneys, being in the Presidio, we fall under the federal labor law."

He did say, "Of course we want our employees to be safe and do whatever we can to make sure that happens. There’s no chronic issue of people who are dissatisfied with the working conditions."

But in responding to the lawsuit, his company didn’t even try to defend its practices. Instead, Judith Droz Keyes, a lawyer with the firm Davis Wright Tremaine, argued in a Jan. 24 letter that "California has no jurisdiction either to legislate or enforce its laws within the federal enclave. The fact that the Orphanage is a private company leasing space within the Presidio makes no difference."

The Presidio Trust — the semiprivate agency that manages the park — did not respond to requests for comment, and it’s unclear how the outfit treats its own workers. Discrimination based on sexual orientation, for example, is not a part of the federal Equal Employment Opportunity laws, but it is a part of California’s, and even the Presidio Trust’s own personnel manual mandates it.

To require anything definitive and absolute would take an act of Congress to mandate the Presidio adhere to state or local ordinances. We tried to reach Pelosi’s office to ask about it, but she didn’t return our calls.

In the meantime, Sommers said, "The Presidio Trust could insist that all vendors abide by California state labor laws. Then large employers in the Presidio would have to treat their workers like citizens of California." *

Noise Pop: Miss him?

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› a&eletters@sfbg.com

The first time Roky Erickson performed in San Francisco was in the summer of 1966, fronting his Austin, Texas, band the 13th Floor Elevators, whose garage rock classic "You’re Gonna Miss Me" was rising up the national charts. Sharing the bill at the Fillmore with Grace Slick’s first band, the Great Society, Erickson sang of psychedelic reverberations and reincarnations in both sagely reassuring croons and blood-curdling yelps. The Elevators’ name shows up on Fillmore-Avalon posters so often that even today they’re still thought of as an honorary San Francisco psychedelic band of sorts.

The last time Roky performed in the city was in the early 1980s, and he was singing of two-headed dogs and aliens from the most tawdry of B-grade horror films. Times had changed, yes, but Erickson had changed more, irreversibly fried by a three-year stint in a maximum-security Texas state hospital after he was declared insane in 1969. The one thing undeniably the same was that one-of-a-kind voice, crushing Little Richard, James Brown, and Buddy Holly through the blender of a particularly Texan brand of acid-baked dementia.

Performers from GWAR to Marilyn Manson have made a lucrative career by fashioning an act from gothic horror. Erickson, to all appearances, has actually lived it, and if his record sales have been tiny in comparison to those of others, the fervor of his cult following is second to few. "Roky’s aesthetic rings true with younger music-media fans," says Billy Angel, who played autoharp as part of Erickson’s backup band the Aliens when Erickson reemerged in the late 1970s. "He brought to vision many years ago the now-contemporary experience of rock music coming through the sound system while film noir beams from the video screen."

Erickson’s first San Francisco appearance in about 25 years — as part of Noise Pop on March 1 — comes at a time when most fans had given up hope of seeing him onstage. Withdrawing from music entirely for about a decade, he began performing again in late 2005 after a bitter fight for his custody between his mother and his brother Sumner — the latter also a renowned musician but quite a different one: a tuba player for the Pittsburgh Symphony Orchestra. You couldn’t make it up, but we know it’s true because the whole battle was caught on film, in the mesmerizing and disturbing documentary You’re Gonna Miss Me (screening at the Roxie Film Center on Feb. 28).

As his family feuds over what’s best for its prodigal son and praise pours in from such interviewees as Patti Smith, Erickson wanders through the film like a ghostly observer. Apparently neither gratified nor agitated by the attention of either fanatical fans or would-be caretakers, he’s more interested in adjusting his army of televisions and stereos to just the right impossibly painful, cacophonous loudness. As much as most everyone on camera gushes over his genius and tragedy, what Erickson thinks about his cult and incapacitation remains a mystery.

There’s just one scene in the 90-minute film in which he seems at ease and makes one suspect his upcoming show might not be the psychodrama we fear. A therapist asks him to play a song; Erickson starts to strum an acoustic guitar and sing with folky, gentle tenderness, his vocal chops fully intact. Suddenly, he doesn’t seem like a nearly inert burnout fawned and fought over like a familial football. Music courses through his system — his thoughts and voice are clear and calm. It might be the only psychic skin he has left, but he wears it well. *

YOU’RE GONNA MISS ME

Feb. 28, 9:15 p.m., $10

Roxie Film Center

3117 and 3125 16th St., SF

(415) 863-1087

ROKY ERICKSON AND THE EXPLOSIVES

With Oranger, Howlin Rain, and Wooden Shjips

March 1, 8 p.m., $25

Great American Music Hall

850 O’Farrell, SF

(415) 885-0750

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