Employment

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.

The Wild, Wild West

0

› 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." *

The other shoe

0

› steve@sfbg.com

Mayor Gavin Newsom has never answered questions about his illicit affair with his appointments secretary Ruby Rippey-Tourk — and even now, with city money involved, he’s sticking to the stonewall.

The Guardian on Feb. 15 broke the story that the city had paid Rippey-Tourk more than $10,000 months after she left her job (see "Newsom Aide Got Paid," www.sfbg.com/blogs/politics).

But the mayor refused to even acknowledge questions I directly put to him earlier that day, just as he has since he confirmed media reports of the affair Feb. 1, when he issued a short statement and took no questions.

"We are confident that this matter was handled appropriately and humanely," he said in the prepared comments his Office of Communications put out.

But there are lots of legitimate questions that arise from payroll records we’ve obtained, which show Rippey-Tourk received more public money than she was entitled to during 2005, when the affair occurred, and 2006. Were public funds converted into hush money? Who was involved? What pressure was applied?

City Attorney Dennis Herrera offered some hope of accountability Feb. 15 when, in response to questions from the Guardian, the San Francisco Chronicle, and other media outlets about the payments, he announced an investigation.

"With the full cooperation of the city officials involved, the City Attorney has already begun the process of reviewing the paid leave to Ms. Rippey-Tourk to assure that it was done properly under City laws and procedures," Herrera’s office wrote in a statement as he left for vacation.

The payroll records show that she received $21,755 in paid leave last year for 534 hours of work that she didn’t do. That amounts to about 13 1/2 weeks of paid time off, well more than the 10 days vacation time and 13 days of sick leave to which she was entitled. And it includes a lump $10,155 payment that she received in September.

City law allows employees with "a life threatening illness or injury" to receive paid leave if coworkers are willing to donate their vacation and sick days to the cause. And Sam Singer, a spokesperson for Rippey-Tourk and her husband, Alex Tourk (who worked as Newsom’s deputy chief of staff and later as his campaign manager before resigning last month when he learned of the affair), said that’s what happened.

While Rippey-Tourk was in substance abuse treatment from May through July 2006, Singer told the Guardian, Tourk — who says he was unaware at the time that his wife had been having sex with the mayor — asked city officials whether there was a way to get paid for what began as a period of unpaid leave.

"Several of her coworkers donated their sick time to Ruby during this time of personal crisis," Singer told us.

Asked why Rippey-Tourk didn’t return to her good city job after leaving rehab in July, Singer said, "She just felt it was a chapter in her life that was over, and she wanted to move on." Asked whether Rippey-Tourk may have felt uncomfortable returning to work for a boss who had bedded her during a time when she was having problems with alcohol, Singer refused to comment.

But Sup. Jake McGoldrick, who has called for Newsom’s resignation, said the entire episode was unseemly and the mayor showed poor judgment for someone in a position of authority whom Rippey-Tourk trusted. "I think he took advantage of someone who was in a very vulnerable position," McGoldrick told us.

There are other questions about Rippey-Tourk’s tenure at the city. Payroll records show she never worked a full week in 2006. And her 7 1/2 weeks of unpaid leave in 2005 also appear to be more than she was entitled to. She received $80,195 in compensation in 2005, up from $63,522 the previous year, which was her first in the Newsom administration. The Chronicle also reports that more than half of Rippey-Tourk’s time sheets weren’t signed by her supervisor, as required.

And the Mayor’s Office has refused to answer questions about who donated their leave time to Rippey-Tourk, whether they were asked to and if they knew about the affair, and whether the city has been exposed to a sexual harassment suit by her or employment discrimination suit by other employees. *

More on Tourk payments

1

By Steven T. Jones
New information is still coming in on the breaking news that Ruby Rippey-Tourk got an extended paid leave from the city. I just spoke with Sam Singer, a spokesperson for the Tourks, who said that it was Alex Tourk who asked the city about getting paid compensation for his wife while she was in an alcohol and drug rehab center from May through July. At the time, he didn’t know that his wife had been having sexual relations with the mayor. “Several of her co-workers donated their sick time to Ruby during this time of personal crisis,” Singer said. According to the Controller’s Office, Rippey-Tourk’s final official day of employment was Sept. 1 and it was in September that she received a check for the leave that begun in May, initially as unpaid leave. Payroll records also show that Rippey-Tourk had 7.5 weeks of unpaid leave in 2005 — when her affair with Newsom reportedly took place — and that also appears to be more than she was entitled to. She received $80,195 in compensation in 2005, up from $63,522 the previous year, which was her first in the Newsom Administration.
Asked why Rippey-Tourk didn’t return to her good city job after leaving rehab in July, Singer said, “She just felt it was a chapter in her life that was over and she wanted to move on.” Asked whether Rippey-Tourk may have felt uncomfortable returning to work for a boss who had bedded her during a time when she was having problems with alcohol, Singer refused to comment. But Sup. Jake McGoldrick, who has called for Newsom’s resignation, called the entire episode unseemly and showing poor judgment by someone in a position of authority that Rippey-Tourk trusted. “I think he took advantage of someone who was in a very vulnerable position,” McGoldrick said.
Newsom has refused to answer questions about anything related to the affair. I’ve posed questions about this latest revelation to Newsom press secretary Peter Ragone and I’m awaiting a response.

More on Tourk payments

0

By Steven T. Jones
New information is still coming in on the breaking news that Ruby Rippey-Tourk got an extended paid leave from the city. I just spoke with Sam Singer, a spokesperson for the Tourks, who said that it was Alex Tourk who asked the city about getting paid compensation for his wife while she was in an alcohol and drug rehab center from May through July. At the time, he didn’t know that his wife had been having sexual relations with the mayor. “Several of her co-workers donated their sick time to Ruby during this time of personal crisis,” Singer said. According to the Controller’s Office, Rippey-Tourk’s final official day of employment was Sept. 1 and it was in September that she received a check for the leave that began in May, initially as unpaid leave. Payroll records also show that Rippey-Tourk had 7.5 weeks of unpaid leave in 2005 — when her affair with Newsom reportedly took place — and that also appears to be more than she was entitled to. She received $80,195 in compensation in 2005, up from $63,522 the previous year, which was her first in the Newsom Administration.
Asked why Rippey-Tourk didn’t return to her good city job after leaving rehab in July, Singer said, “She just felt it was a chapter in her life that was over and she wanted to move on.” Asked whether Rippey-Tourk may have felt uncomfortable returning to work for a boss who had bedded her during a time when she was having problems with alcohol, Singer refused to comment. But Sup. Jake McGoldrick, who has called for Newsom’s resignation, called the entire episode unseemly and showing poor judgment by someone in a position of authority that Rippey-Tourk trusted. “I think he took advantage of someone who was in a very vulnerable position,” McGoldrick said.
Newsom has refused to answer questions about anything related to the affair. I’ve posed questions about this latest revelation to Newsom press secretary Peter Ragone and I’m awaiting a response.

San Francisco lovin’

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› culture@sfbg.com

Oh! What a web of tangled flesh we postbohemian, rapidly gentrifying, pandemic-aware, pre-spray-on-condom and mint-flavored chewable RU-486 San Francitizens weave! Folks still trot out the ol’ misty-eyed cynicisms: romance is dead, sex is boring, love is impossible, "I’m too fat"…. But that doesn’t stop ’em from doing it until their knees ache when they get the winky come-on (or hoping for Mr. or Ms. Right to ease the tax burden). Sure, in the age of the Internetz, sex is now a shopping trip — just log on for huge fake tits (aisle four), smart-mouthed ghettosexuals (aisle six), muffin tops gon’ wild (aisle nine), or guys who inject a gallon of saline into their shaved balls (clean up, aisle five). No need to be a bitch or a ho — you’re already both on the webcam, dude. Don’t forget your password.

But still. Love exists, right? Christina Aguilera tells us so. And love leads to sex. Or to real sex. Or the other way around. Something. And don’t even ask about the whole monogamy thing! Can’t it all be easier? Aren’t we robots yet? No, not yet. For good or ill we live in a magical place where impulse meets emotion in technology’s dark corner and heads upstairs with it to a small room marked "free love" ($29 an hour) — leaving behind a trail of used rubbers, hopefully. Below we delve into the sex-and-romance pros and cons of some especially San Franciscan things. Maybe it’ll help make things a little clearer. Maybe!

BEING A STRAIGHT GIRL


Carrie Bradshaw, Marissa Cooper, and Dr. Meredith Grey have their trumped-up Trumps, Shin-die schlubs, and Doc McDreamys, but what do so many straight, single women get in the Bay bohemia otherwise known as America’s gay mecca? Commitmentphobic Peter Pan–ders, crusty granola cronies who only cruise twentysomethings, workaholic geeks who seldom see the light of day (apart from the blazing orbs of Burning Man), and windburned adventurers with a never-ending thirst to mountain bike, lick that downward dog, and hike the closest REI. Face it: single straight sistahs have the toughest lot in this town. A 2004 San Francisco magazine story estimated that unmarried straight 20- to 44-year-old SF men outnumbered their female counterparts by about 12,000. But I bet most eligible gals feel — nay, know — that the ratio is weighted in the dudes’ favor. It doesn’t help that years of STD- and AIDS-inspired social conservatism seem to have spurred peeps and perps to hook up early and less often — despite our fair city’s freewheeling rep when it comes to sex roles, relationships, and gender politics. San Francisco’s single chicks sometimes find themselves wondering, "Whatever happened to dating? Where did everyone go? Is it my breath?" When one male friend told me his ex’s claim that she’s dating multiple fellahs in various NorCal cities, my bullshit detector started honking. Tell it to all the attractive, smart, independent, and nubile femme singletons I know who are sitting home Saturday nights.

Pros: Never having to worry about getting macked on at guycentric sports events, shows, and construction sites. Women are always free at the Power Exchange. There’s sisterhood in desperation. You can always join a girl gang and accost hapless men walking alone in dark parking lots. That yawning bore across the table is looking better every sec.

Cons: Dating. Shooting down poseurs who are into shopping for the pick of the litter. Resigning yourself to your anemic online-dating shopping options. And how depressing is it to go to a sex club by yourself? That yawning bore across the table is looking better every sec. (Kimberly Chun)

BEING A STRAIGHT GUY


I worked security at the Endup for four years. As a straight guy, I found myself jealous of my gay compatriots out there on the dance floor, nuts to butts, letting it all hang out. Obviously, gay men have committed, complicated, and drama-filled relationships too. But boys will be boys, and it seemed things were so much simpler and, pardon the pun, more straightforward for gay guys in San Francisco. Less of a mating ritual and more mating. It’s the classic straight guy’s lament: if women acted like dudes, I’d be getting laid right now. Or, as Michael Dean once said in a Bomb song, "The girl that I miss is just me in a dress." Still, after 15 years in San Francisco, I’m starting to see the bonuses of being single, straight, and not so young in a city known worldwide for Rice-a-Roni, sourdough bread, and buffed-out, hunky young gay guys.

Pros: At 35, I may actually be starting to enjoy dating. No one’s lugging around that "my heart was broken, and I can’t go through that again" cross anymore. We’re all adults here, and like the young, restless, and gay, we’ve gotten in touch with our biological needs. Thirtysomething Bay City rollers know they need to get off and they don’t have to meet their soul mate to do it. Sure, the roller coaster of love is one hell of a ride, but sometimes it’s enough to get Indian food, hit a bar with a good jukebox, rent a movie, go home, and fuck.

Cons: People really do get married. Which means the thirtysomething dating pool shrinks and you can end up dating someone younger. This might seem like a pro, until you try to make a pop culture reference on a date and hear crickets chirp. There’s not a lot of eye-to-eye going on when your love interest ejects Mania, by the Vibrators, to put on Green Day. (Duncan Scott Davidson)

BEING A QUEER


Oh, the burden! Straight guys think you get laid more than them. Straight girls think you get laid more than them. Both of them think you like turtlenecks and cologne. It’s horrifying! And history! Here you are over the rainbow, in the fiercely romantic-looking burg all those haters in high school screeched at you to move to, and you’re scrounging for any bit of affection you can find among the forest of online profiles and the coral reef of lopsided haircuts. Plus you’ve got billboards screaming "AIDS!" in your face on every corner. It’s enough to drive a lonely fag to the gym or a dyke to the (one) bar, if that weren’t just as fucked-up a defense mechanism as huddling with your old Smiths EPs and a tankard of Merlot in your cubby. But c’mon, at least you can walk home from your trick’s house….

Pros: Be all you can be! Journey of discovery! There’s a new opportunity around every corner. The hottest FTMs on the face of the planet. Boys aren’t wearing so much product as in 2002. Being the envy of the gay world. Invisible lipstick lesbians. Trash drag. Crystal meth played out (pretty much). Domestic partnership laws (if only …). Gay love is real (ask your serial monogamous friends). Hey, at least it’s not Chelsea!

Cons: Too many to choose from. No need to grow up. Too many bottoms. Ever-present feeling you should get more tattoos — or is that trying too hard? Everyone wants to be your fag hag. Monogamous or "negotiated"? Holier-than-thou activists, hotter-than-thou street life. "What if I’m really straight?" Knowing everyone’s as shy as you but not being able to do anything about it. (Marke B.)

OUR PLAYBOY MAYOR


What a difference a few screaming headlines make. Throw in a Scientology siren, underage cocktail gulpers, and a couple plowed society babes with fiercely straightened fright wigs and outta-hand cheekbones — and ya got yerself a mayor! All we need are some flesh-eating pigs and anesthesia-free surgery to dub this the return of the wild, wild, perhaps very wild, especially when tanked, west — a Deadwood of sorts, if that didn’t imply a kind of flaccid fumbling. Nonetheless, let’s call it the latest in a grand tradition of San Francisco’s romantic and sexual politico-explorers from days of yore — from Harvey Milk to Willie Brown — that we have Mayor Gavin Newsom finally unchained from his legal-eagle Victoria’s Secret model missus and free to allegedly cruise Cow Hollow’s finer drinking establishments after hours, as rumor has long had it. Oh, the list is long and ever growing: encompassing the CSI: Miami starlet and the city mag editor eager to vet her boy’s cover pic alike. Now comes the real test of testosterone: whether Newsom can summon that ironclad Clintonesque charm to weather the latest scandal. My question for the Gavinator: what are you doing for Valentine’s Day?

Pros: The ever-changing cast of hotties at parties and photo ops sure dresses up society pages. No more tacky Harper’s Bazaar fashion spreads. Plenty of heavily gelled, aerodynamic-looking helmet hair. The notion of a Scientologist mayor clears rooms. We can now use that hallowed line, "Is that your Plump Jack — or are you just excited to see me?" Feeling privy to the secret life of frat boys. He’s never boring.

Cons: Kennedy comparisons are starting to grate. Clinton comparisons are starting to chafe. And there’s too much chafing in general. The ever-changing cast of hotties is starting to resemble a sale crowd riding the revolving door at Neiman. Paris Hilton?! And we won’t be shocked to see Britney Spears stumbling out of a mayoral Four Seasons suite next. He’s so predictably not boring that it’s starting to get tiresome. (Kimberly Chun)

OLD HIPPIES


You see them everywhere but mainly on the Muni and at medical marijuana rallies. Some of them look saintly but a little crazed, as if they see a spaceship in your hair. Others resemble your sexy-yet-matronly high school French teacher, smiling indulgently but always ready to rap your knuckles with a day-old baguette if you get your future perfects wrong. Still others seem like they can’t wait to explode with rage at … well, anything, really. All of them are lovable in a historical light. When they’re off their meds — not so much. They’re living monuments to the golden age of free love, and, as medical science advances and rent-control laws stand, they’re not going away anytime soon. (Can young people afford to move here anymore anyway?) They also have a world of sensual knowledge to impart.

Pros: Mother figures, father figures, lusty lovers, spiritual guides — these Baudelairean kickers against the pricks can do it all — and they bake a mean hash brownie to get it all started. Plus: years of experimentation have made them freaky. You may have to crank up the solar defibrillator, but they’re experts in how to "get your motor running."

Cons: Occasional bad-trip flashbacks. Always slightly wary. Strawberry-scented oxygen tanks. Pillow talk = Allen Ginsberg stories. Hairy. Half tantric. Forgot if they put out candles. Ponytail or braid can get caught in teeth. (Marke B.)

BURNING MAN FLINGS


Burning Man is a sexual and emotional cauldron. Liberally mix together a world of sensory delights, a spirit of reckless abandon, beautiful exposed bodies everywhere, sudden sandstorms that send you scurrying into the nearest tent or trailer, countless peak experiences, exposure to a myriad of lifestyles and communities, and 40,000 people with time on their hands, goodwill in their hearts, and lust in their loins, and it’s no surprise that people end up hooking up left and right. This place oozes sexual energy while stripping away our emotional defenses and leaving us exposed to Cupid’s arrows.

Pros: Whatever you want, it’s here, often with no strings attached. When people come back from the playa all blissed-out and saying how it changed their lives, that’s usually not just the drugs talking. People do things they wouldn’t do in the everyday world — and then they do it again and again. And if you follow the sound advice of veteran burners to leave your expectations at home and just be open to the experience, then you’re also in the ideal place to not just get laid but truly find love. Believe it or not, I know of lots of lasting, loving marriages between people who met on the playa.

Cons: All the things that make Burning Man so conducive to sex and romance can also create problems. People get emotionally splayed by the often overwhelming nature of daily life on the playa. They’re vulnerable to everything from small slights that get exaggerated to the predators who invariably exist in any town. Couples get tested. Singles can at times feel lonely and desperate. Everybody has a few hard mornings after. And as a practical matter, dust gets everywhere — and I mean everywhere. (Steven T. Jones)

LUSTY LADIES


The Bay has a long and luxuriously twisted history of female sexual empowerment, full of Brights, Queens, Dodas, Califias, Blanks, Chos, and other sparkling heroines of don’t-do-it-and-die philosophy — some of whom have gone on to become heroes, even. The two major, classic phalanxes of gyno-horno-positivism to have arisen from the mists of all that groundwork are the Lusty Lady and Good Vibrations. The Lady, currently a worker-owned stripper co-op, has been baring a broad variety of intelligent, worldly-wise physical types for almost 30 years, and Good Vibrations, a women-centered chain of erotica shops that offer a plethora of workshops and training sessions for both women and men, has helped make vibrators the Tupperware of the new millennium. Despite the ubiquity of silicone enhancements and Girls Gone Wild antics in today’s culture, the Lusty Lady and Good Vibrations try to keep it real by focusing on the pleasures inherent in strong, natural femininity. In an era when guys are being forced like never before to question their physical attributes and sexual virility, thanks to size-queen porn and erectile dysfunction spam, the gals — who’ve had to deal with that kind of shit forever — may have a bit of an upper hand, self-image-wise, thanks in part to these two affirming San Francisco institutions. Not that it’s a competition.

Pros: Lusty Lady’s the best place to take your gay friends for a fabulous girls’ night out. Everything I know about labias I learned from Good Vibrations.

Cons: I have to hand-wash all my plates because my dishwasher’s usually full of Good Vibrations dildos. I have to hand-wash all my clothes because I spend all my quarters in the booths at the Lusty Lady. (Marke B.)

PORN AND TECHNOLOGY


Right up the Peninsula from Silicon Valley, we find ourselves in techie heaven. Most of the global advances in online technology burst first and foremost from our fertile area. The bust and boom that locked the Bay in a violent coital grasp in the early ’00s exhausted us, but Web 2.0’s got us all atingle again. This time we’re sure we won’t make the same mistakes. We’ll keep it social, we’ll keep it personal. Most of all, we’ll keep it sexual. Thanks to advances in digital production and online distribution — and our wondrously pervy nature (not to mention our desirable market) — the porn industry in San Francisco has exploded. The city is now home to a majority of the biggest gay porn companies and quite a few straight and fetish ones.

The most barefaced manifestation of the lucrative intersection of porn and technology is the purchase of the ginormous Armory in the Mission by fetish header Kink.com to house its offices, studios, and online operations. (Personally, I can’t wait for them to open a Kink Café in there as well. St. Andrew’s croissandwich, anyone?) This may be a harbinger of things to come. We’re not exactly holding our collective breath for Bang Bus to take over the LucasArts HQ in the Presidio or for the former Candlestick Park to be rechristened Naked Sword Arena — but hey, it could happen. Alas, the fortuitous marriage of porn and technology may be about to hit the skids. Hi-def can reveal a whole lot of ass pimples and nipple lifts — Blu-ray killed the porn star? Then again, it might just provide more employment opportunities for digital touch-up artists. "Hey, man, what’s your new gig?" "I’m rastarizing Busty Fillips’s underarm stretch marks — full-time, plus benefits." Local HMOs are lining up.

The ever-rising tide of digital wonders raises more sensual — and sensitive — boats than porn, however. While no one’s yet perfected the vibrator–cell phone (what ringtone would I put on that? Oh yeah, Beyoncé), rest assured that some little tech elf is working fiendishly away in his or her bright pink laboratory to bring that dream to fruition. Which brings us to the new iPhone. It may not be dildo-ready, exactly — watch that touch screen! — but some of its romantic applications were immediately apparent on its unveiling here in January. What other piece of handheld technology allows a person to be rejected in so many different medias at once? Now when you want to break up with someone, you can call them, text them, and e-mail them all at the same time. Plus, you can share a break-up song on iTunes with them and even throw in a YouTube clip of yourself gently weeping to show how torn up you are inside (clip must be less than 10 minutes in duration and not imitative of copyrighted material). Send a slide show! Skype an e-card! Use PayPal to buy them a "Just Got iDumped" mug on eBay! The possibilities are infinite.

Now if only there were software that could mend a broken heart. Sigh.

Pros: Online hookups? No problem: anywhere, anytime. You don’t have to be physically present to enjoy an entire relationship. Everyone’s a winner: people unable to afford the latest gadget or upgrade get to feel more real. Soon everyone in the city will have a job at Kink.com.

Cons: Much of the Bay population is more interested in staying up all night with a two-liter of Coke, a cold pizza, and a roomful of servers than a warm body. Web 2.0 has brought a horny flood of freshly flush Googlers, Tubers, Diggers, ‘Spacers, and Mac heads on the make to already packed and overpriced Mission bars (watch for those hybrid Tundras parked on the median). You will literally go blind if you jack off to video iPod porn in the bathroom stall at work — that screen’s so small! Soon everyone in San Francisco will have a job at Kink.com. (Marke B.)

Confessions of a porn director

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› culture@sfbg.com

Let’s talk about porn honestly. Porn is about making money. Despite any pretense to producing beautiful art, hot erotica, or well-crafted portrayals of masculinity at its most intense, money is what makes everybody cum. I’ve dealt with "regular" filmmakers, even fancied myself as one for a while. Yet at the end of the day I don’t believe strongly enough in the power of the movie medium to justify the expense, time, and effort it takes to create a masterful mainstream film. So I’ve ended up, at least for the moment, in porn.

I find myself endlessly justifying my passion for it: making porn is work, and many days are filled with anger and frustration and often a kind of empty feeling in my guts. But I couldn’t imagine another employment opportunity that would offer me as much as porn does. I’ve been at this for three years so far, although it feels like much longer. I’ve been behind the camera for a little more than two years and directing for one. I’ve been to Hawaii and Brazil and spent a few too many days in Palm Springs. I’ve been inches from some of the most famous pricks in the world. (And when I say pricks, I mean it.)

Sex has always been a motivating factor in my life, at least since I discovered it. I remember vividly the blacked-out magazines in the back of bookstores being so appealing and the first time I convinced a straight man to pose naked for my photographs. Our culture prepares us from moment one to objectify beauty; now it’s what I do for a living.

For many gay guys, my job is a dream: getting to see naked men every day with hard-ons having all kinds of sex. Yes, sometimes I even get to touch them. I’ve already reached the point in my career where I’ve been accused a few times of playing casting couch. For those who want to know, I only deny it as much as I have to. I’ve had sex with a few models in my day, I admit it, but never with the purpose of waving around my power as a director and almost always after a shoot, not before.

Men can be beautiful, I promise — and porn can produce a kind of beauty. As a director, I get to pick out human objects, place them together in an artificial space, and film them doing hot things. In my mind, making porn — and films in general — is all about telling lies. I don’t feel bad about lying; it’s what we all do to get by. But porn lies are the best kind. They’re called fantasies.

I won’t deny the downside of these fantasies. Porn creates false expectations of what people should look like. It creates false ideas about class and gender. As a director who has just received a nomination for Best Ethnic (Latin) Movie, I feel especially involved in the issue of race in porn. It’s extremely complicated. I could easily get lost in an academic discussion about representation and its effect on the audience. There’s plenty of theories about the video medium as a one-to-many distribution method, inherently disempowering the viewer and subjugating pretty much everyone involved. All these theories and thoughts may be valid, but I don’t know too much about that kind of stuff. I will say that race in my profession has come up many times in many different situations. There are considerations of who appeals to whom and how to avoid racial stereotypes while dealing with the fact that they often get men hard. I don’t have any answers, but I do have lots of questions and concerns.

Our models come in all shapes and sizes: from PhDs to high school dropouts, hookers to weekend fetishists. There are divas, down-to-earth daddies, and everyone in between. Some may be pumped up on various substances, but most are pumped up on nothing more than having a chance to be the sexual person they are inside for an appreciative audience.

A lot of people consume porn. But it’s not a subject people talk about at the watercooler — it’s something more personal. Porn touches people in a different head space, when they are aroused and distracted, when something instinctual is hitting them. Porn is about sex, and sex is why we are all here. *

Ben Leon is an editor-videographer and director for Raging Stallion Studios (www.ragingstallion.com). This year he received five nominations for the GayVN Awards, the Oscars of gay porn, which will be held in San Francisco on Feb. 24.

The governor’s wimpy health plan

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EDITORIAL The good news — and it’s very good news indeed — is that the governor of California has followed the lead of the city of San Francisco and is talking seriously about a universal health care plan. This is the first time since the early days of the Clinton administration — before the insurance companies destroyed even a modest hope of national reform — that we can sense real momentum toward the creation of a new policy to address one of the most pressing issues in the country.

But let’s be clear: the governor’s proposal falls far short of real reform. It has a few attractive features, but overall it’s underfunded, at points dysfunctional — and ducks the most basic problems with the state’s health insurance system.

Like Bill Clinton, Arnold Schwarzenegger starts with a failed premise — that private insurance, linked to employment, can somehow solve the problem. The evidence against that is so clear it’s frustrating even to have to make the argument. Private health insurance is expensive and inefficient; the amount of money that’s wasted on overhead and profits is staggering (as much as 30 cents out of every health care dollar never makes it to any hospital or clinic). The incentive to bilk consumers, avoid covering the sickest of patients, and reward suffering is disgracefully high. The fact that the United States is the only Western industrialized country without a functioning national health care program is a direct result of the fact that private insurers run the show.

Employer-based health insurance is a failed system too, an amalgam that grew out of the federal government’s failure to recognize the need for a national health system in the postwar era and the demands of unionized workers for better benefits. Workplaces offer insurance companies what they want — large pools of people among whom to share the risk. But linking insurance to employment is obviously a bad idea at a time when more and more people are working part-time jobs, contract jobs, or a series of different jobs for different companies — and when small businesses (which create most of the jobs in the country) are getting hammered by double-digit annual increases in health insurance premiums.

So any plan that accepts the private-sector hegemony over health insurance is doomed to fail in the long term.

The Schwarzenegger plan has another dangerous component: the proposal would require everyone in the state to buy health insurance (at the risk of criminal penalties for noncompliance). That, of course, is an insurance industry dream — it makes the entire population a captive customer base. And while the governor promises to offer lower-cost plans and subsidies for the poor, there’s nowhere near enough money in his proposal to make private insurance affordable to all. Low-income people would be driven to buy high-deductible plans, which undermine the entire idea of universal health care. And middle-class people who don’t have employer-based plans may be devastated: in San Francisco, for example, a family of four living on $60,000 a year would have to put as much as $10,000 of that into health insurance or risk steep fines.

The overall financing is shaky — the governor is counting on federal funding to help put an additional 630,000 people on the Medi-Cal rolls, but Congress has a long list of spending priorities, and there’s no guarantee this one will make the final cut.

There are things to like about the plan, particularly the goal of covering all children in the state, including the kids of undocumented immigrants. And the very fact that the ambitious governor of the nation’s largest state is willing to stake so much on health care reform is encouraging.

But the legislature is under no obligation to start the discussion with the governor’s plan. There’s already an excellent bill out there: SB 840, by Sen. Sheila Kuehl (D–Santa Monica). Her suggestion: get the insurance industry out of the game altogether and create a statewide fund, with premiums paid by employers and individuals, that would cover all Californians. It would save businesses in the state a fortune (and thus give the economy a jolt), cut down on waste and fraud, allow people to move from job to job without fear of losing health care, and give the government a strong incentive to push for lower drug costs.

That’s where the debate ought to begin. *

Mall-ancholy

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› cheryl@sfbg.com

The world is chained to chains in Jem Cohen’s Chain, a sort-of documentary that also weaves two narratives into its study of global economics. Hard-faced young squatter Amanda (musician Mira Billotte of White Magic) spends monotonous days haunting the nearest shopping center, a place so generic it could be positively anywhere, including the suburban hell of George A. Romero’s darkest nightmares. Meanwhile, eager Japanese businessperson Tamiko (Miho Nikaido) roams homogeneous pockets of America, bunking in soulless hotels while she pitches her amusement park plans to investors on behalf of her company — an entity she views with excessively deep devotion.

That Tamiko’s proposed park is called Floating World is no accident; though they’re traveling different paths, both she and Amanda drift through Cohen’s landscapes, which are populated not by human beings but by consumers. Still shots of supermarkets, fast-food joints, office parks, warehouse stores, and half-finished condo towers are edited together in dreamlike succession; it’s not until the end credits that you realize these images spring from seven different countries (including 11 states) Cohen visited with his 16mm camera over a period of nearly a decade. His photographer’s eye for details aside (such as a bird’s nest tucked into a Big Lots sign), the sterile sameness he captures is striking.

The first time I saw Chain was at the 2004 Vancouver International Film Festival (VIFF). I went into it knowing this was Cohen’s first foray into fiction after well-received documentaries such as Benjamin Smoke and Instrument (about Fugazi, in case you were wondering why Ian MacKaye and Guy Picciotto are listed among Chain‘s executive producers; Picciotto actually suggested Billotte, whose music he’d produced, when Cohen was casting). The New York filmmaker took the mic and confessed he was thrilled to see Chain playing a multiplex, albeit one taken over by VIFF’s arty fare. Under most circumstances, he explained, it would never play in the kind of environment it so carefully scrutinizes: "It’s not a normal movie."

Indeed, a "normal" movie that takes on a global topic would probably look more like Fast Food Nation or Babel than Chain, which is dedicated in part to Chris Marker (obvious precursor: La Jetée). Cohen doesn’t need to smack you over the head with speeches or movie stars or coincidence-driven scenarios to make his point. Instead, he draws it out in the quiet moments experienced by his characters. Amanda — who recalls telling a motorist to simply deposit her hitchhiking self at the nearest mall — lurks in the food court, silently finishing a discarded, half-eaten plate from Panda Express (or Sbarro or Hot Dog on a Stick or Steak Escape — who can say?). Later, she seeks employment as a hotel maid, but an elaborate bus journey lands her at a hiring office that insists on a drug test. Ironically, it’s not the test that discourages her; it’s the fact that to take it, she has to spend several more hours on another crosstown bus. In one of Chain‘s most expressive voice-overs, Tamiko remembers visiting Disneyland, Disneyworld, and Tokyo Disneyland with rapturous joy. Her sunny-side-up view of corporate capitalism crumbles only slightly when her company virtually abandons her stateside; her first instinct is to stay on in her megamotel, clinging to routine and running up charges on her personal credit card.

But getting back to the multiplex: after making its San Francisco debut at a 2005 Other Cinema show, Cohen’s Chain has found its place locally at an art gallery. Works by San Francisco’s Jenni Olson (the Golden Gate Bridge–focused Joy of Life) and Los Angeles’s Natalie Zimmerman (Islands, a search for Los Angeles’s soul) round out SF Camerawork’s "Traces of Life on the Thin Film of Longing," an exhibit reconsidering the photo essay within the realm of film and video. It’s a fitting context in which to showcase Chain‘s artistic merits, but thematically it’s a little disappointing. Appropriate though it may be, however, I suppose a mall theater would be out of the question; Westfield’s hurried downtown crowds would hardly stop spending to consider Cohen’s carefully composed images — and the irony of seeing Chain amid the chain-chain-chain of … chains would be hopelessly lost. *

CHAIN

Jan. 5–Feb. 24 (Thurs/4, 5 p.m. opening reception) as part of "Traces of Life on the Thin Film of Longing"

SF Camerawork

657 Mission, second floor, SF

(415) 412-2020

www.sfcamerawork.org

>

Goldies Visual Art winner Yoon Lee

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A good photograph captures an instant of life within a fraction of city space. The oft-awesome paintings of Yoon Lee — on display earlier this year in a solo show at the Luggage Store — condense seconds, days, and weeks of urban life into images of striking movement and color. Blurs from passing cars; a person glimpsed from the corner of one’s eye; the liquid shifts of Vampire Princess Miyu anime dreamscapes on a TV screen — these are a few of the everyday materials within Lee’s alchemy. Glimpsed as scaled-down versions on a computer screen, her pieces seem purely digital or neo-geo, but in person there is no doubt that her paintings are the result of a lengthy, meditative, and labor-intensive process.
“I know some artists who take a whole year to produce one piece, and I’m not up to that point,” Lee says over hot drinks at Farley’s on Potrero Hill. Her comic strip T-shirt and black leather motorcycle jacket reflect the mix of commercial color and rougher, real-life currents within her paintings. “My 8-feet-by-20-feet scale works usually take about six months. I start gathering images in my head and take photos. I make little sketches. I take things from comic books, newspapers, anything — I’m just an image scavenger.”
From there, Lee uses Illustrator or Photoshop to play with images and forms. “I use it as a mixing board to bring everything together and then edit, real fast,” she says, adding with a laugh, “in the old days you had to use canary paper and transparencies, then mess up and start all over again.” Actually, Lee’s “real fast” edits can last a month or two, but they are indeed quick in comparison to her painting process, a complex, kinetic, and at times astonishingly layered use of Golden acrylics. It’s there that she transmutes her gadget-fiend tendencies and love of shiny plastics into work that swirls with fierce ambivalence about those aspects of modern life and more.
For Lee, the frustration that comes from trying to translate computer compositions into flesh-and-blood paintings isn’t just worthwhile — it’s exactly what she’s seeking. “Sometimes I have to really invent a new process,” she says. “Every time I do a piece there’s something completely different I have to introduce or change so I can produce an effect that’s similar to the original sketch.” That kind of challenge has led Lee through many areas of study (philosophy and computer science, to name two) and fields of employment (she’s sold cars), though all the while she’s never lost focus on painting.
Someday a writer might explore and explain why op art has played such a major role in San Francisco art at the end of the 20th century and beginning of the 21st. Though Lee is part of an upcoming exhibition of San Francisco artists in Leipzig, Germany, curated by “Pierogi” Joe Amrhein, it’s debatable whether she is even influenced by the legacy of Sol LeWitt — or has a kinship with the LeWitt-loving Mission School artists who favor certain rainbow gradations. If her work shares some of their color schemes, its scale and sense of movement explode into a realm apart from the smaller cubic formations and prisms associated with recent Bay Area art. A casual viewer might note as much action as in a Jackson Pollock painting, a kid on the street might recognize an accidental kinship with graffiti. The artist herself names Julie Mehretu and Benjamin Edwards as partial guides.
Lee’s art is slick — but only in a literal sense. To put it another, more paradoxical way, her paintings are deceptively slick on the surface. Beneath the attractive gloss, that shininess that she enjoys and wants to share, are layers that you can get lost in — that is, when you aren’t arrested by the intensity of her observation. (Johnny Ray Huston)

The risk of honest planning

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OPINION At the Nov. 1 meeting of the land use committee of the Board of Supervisors, a seemingly straightforward statement of policy will be heard. It simply requires that the city apply its own General Plan guidelines to future development in the eastern neighborhoods.
But the legislation, proposed by Supervisors Sophie Maxwell, Jake McGoldrick, Aaron Peskin, and Tom Ammiano, is creating quite a furor. A senior planning official has testified that if it’s adopted, the entire development boom in the eastern neighborhoods may be halted. The mayor has threatened a veto.
The policy in question calls for city planners to show how they intend to ensure that 64 percent of all new housing development is affordable to moderate-, low-, and very low-income San Franciscans. That’s what the housing element of the master plan says is needed.
Land use development policy lies at the very heart of San Francisco politics. It’s dangerous work for supervisors to attempt to determine that policy, especially if it calls for protection of existing neighborhoods and their residents.
Just ask Supervisor Chris Daly.
Don’t for a minute believe that he is in the fight of his political life because he’s rude, because he doesn’t care about law and order, or because he prefers dirty streets upon which to raise his son. These petty and silly charges mask a far more serious objection: the way his opponents see it, Daly has been too slow in adopting the massive wave of market-rate housing slated for his district and is far too protective of lower-income residents in District 6.
Never mind that since Daly took office some 3,000 units of housing have been built in the South of Market portion of his district alone or that an equal amount wait in the pipeline at the Planning Department. Mayor Gavin Newsom and his market-rate developer allies are simply not satisfied with Daly’s pro–housing development approach — because Daly has sought some balance in that development.
Likewise, the Maxwell resolution calls for plans that will be balanced, contain sustainable development policies, and guarantee a voice for residents against the headlong drive of the current administration to convert the eastern neighborhoods (South of Market, Potrero Hill, the Mission District) into vertical gated communities for Silicon Valley commuters. It states that it shall be the policy of the city that future plans explain not only how they will meet the affordability goals of the housing element but also how they will meet policies of preserving the arts and other productive activities; providing for public transit, pedestrian, and bike rider needs; protecting employment opportunities for current and future residents; and keeping families with children in the city.
There’s a working majority of the Board of Supervisors willing to fight for current neighborhoods and residents and a future that includes them. The battle in District 6 shows that the fight is not without risk. Do the rest of us realize it? SFBG
Calvin Welch
Calvin Welch is a community organizer in San Francisco.

SUNDAY

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Sept. 10

Event

SF Zine Fest

You start with just a staple gun and a dream, but pretty soon you’ll want an audience. The San Francisco Zine Fest fills CELLspace to the brim with minicomics, literary journals, zines galore, and even arts and crafts booths for those who can’t go an afternoon without a glue stick fix. The peeps behind the fest are offering various workshops and plenty of film and animation screenings during this year’s free event. (K.Tighe)
CELLspace, 2050 Bryant, SF
Free
(415) 648-7562
www.sfzinefest.com
www.cellspace.org

Film

Three Dollars

There-but-for-the-grace-of-whomever is the overriding theme of this Australian drama from director Robert Connolly (The Bank), based on Elliot Pearlman’s novel. Life is pretty – just pretty – good for chemical engineer Eddie (David Wenham); his academic wife, Tanya (Frances O’Connor); and their daughter, Abby (Joanna Hunt-Prokhovnik). But it’s a life wobbling on any number of fragile foundations, primarily in the financial realm: when both parents lose their employment in rapid sequence, things suddenly look desperate. The film has some ambitious, even metaphorical aspects that seem incompletely developed, and most viewers will find that the last reel’s events drop Eddie too far, too fast to be believed. Nonetheless, for the most part Three Dollars handles suspense, humor, warmth, and near-tragedy in an affecting way – all the while facing off against some of life’s big questions. (Dennis Harvey)

Now in Bay Area theaters

Homeless disconnect

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› amanda@sfbg.com
The shelter of a slim door frame, the outstretched palm asking for a dime: this is how hundreds of San Francisco’s homeless get by, once the soup kitchens close and the shelters cry “No Vacancy.”
But panhandling, blocking the sidewalks, and lodging in public are a few of the 15 quality-of-life violations for which the San Francisco Police Department regularly issues citations. In the 30 months that Mayor Gavin Newsom has been in office, the cops have issued more than 31,000 such tickets.
And according to a study by Religious Witness with Homeless People, it’s been a colossal waste of money.
The study — released at a City Hall press conference Aug. 31 — revealed that more than $5.7 million in taxpayer money has been spent on police, paperwork, and court staff issuing and prosecuting these violations.
The group reviewed documents from the Police Department, Sheriff’s Department, district attorney, public defender, city attorney, and the Traffic and Criminal divisions of the SF Superior Court, as well as interviewing nearly 200 homeless people about their experiences being swept off the streets and into the courtrooms and jails. According to Sister Bernie Galvin, who founded the interfaith coalition in 1993, no study of this scope and magnitude has ever been conducted in San Francisco.
“Most of these people haven’t committed a crime,” Galvin said. “They’ve received [tickets] for simply existing: the crime of being poor and on the street.”
Approximately 80 percent of the citations are dismissed in the courts when the violator fails to show or can’t pay the $100 fine, but then a warrant is issued for the person’s arrest. Here’s the rub: with an active arrest warrant, a homeless person can’t access city services, the very essentials that eliminate the need to sleep in the park and pee on a tree.
“We’re spending all this money, and the result is counterproductive,” said Elisa Della-Piana, a legal advocate for the homeless.
Rabbi Peretz Wolf-Prusan, one of several religious leaders, lawyers, and homeless advocates at the press conference, pointed out that a simple background check for employment or housing would reveal the arrest warrant. “Housing, jobs, drug treatment, federal and state benefits are all threatened by these little green pieces of paper,” he said, gesturing to the mountain of paper violations stacked on a nearby tabletop.
“If you’re homeless on the street and receive a citation for over $100, this is a Kafkaesque moment,” he went on to say. Homeless people are currently granted $59 of public money a month under Newsom’s Care not Cash program, down from $419.
Newsom has said he’s reduced the number of quality-of-life citations by 17 percent; however, Galvin contends that number draws from a pool of eight possible violations when there are actually 15 that fall in the category. Within that 15, some have doubled in number, with public camping violations having tripled.
While Galvin made a point of commending the work Newsom’s Project Homeless Connect has done in galvanizing volunteers and reaching about 1,000 people in need, she said, “Until we have the capacity to meet the needs of all these other people, it’s morally unjust to criminalize them.”
“I went to Project Homeless Connect, and they really helped me. Two days later, they arrested me for not paying my tickets,” said one of the homeless people interviewed for the study. Another said, “I never got a ticket in my life for anything, then I lost my job, couldn’t pay my rent, became homeless. I got tickets now and probably warrants all for just being in the park. They just keep beating you down.”
Galvin added that Newsom has not responded to four letters requesting a meeting. “This is the first mayor who’s refused to meet with us,” she said of Religious Witness, which got its start fighting Mayor Frank Jordan’s tough-love Matrix policy of the ’90s. “Mayor Newsom is responsible for this city,” she said. “He must stop enforcement of these unjust laws.” SFBG

CENSORED!

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› sarah@sfbg.com
Last month, two news stories broke the same day, one meaty, one junky. In Detroit, US District Judge Anna Diggs Taylor ruled that the Bush administration’s warrantless National Security Agency surveillance program was unconstitutional and must end. Meanwhile, somewhere in Thailand, a weirdo named John Mark Karr claimed he was with six-year-old beauty queen JonBenet Ramsey when she died in 1996.
Predictably, the mainstream media devoted acres of newsprint and hours of airtime to the self-proclaimed beauty queen killer, including stories on what he ate on the plane ride home, his desire for a sex change, his child-porn fixation, and — when DNA tests proved Karr wasn’t the killer — why he confessed to a crime he didn’t commit.
During that same time period, hardly a word was written or said in the same outlets about Judge Diggs Taylor’s ruling and the question it raises about why Bush and his power-grabbing administration repeatedly lie to the American public.
The mainstream media’s fascination with unimportant stories isn’t anything new. Professor Carl Jensen, a disenchanted journalist who entered advertising only to walk away in greater disgust and become a sociologist, says the media’s preoccupation with “junk food news” inspired him to found a media research project at Sonoma State University about 30 years ago to publicize the top 25 big stories the media had censored, ignored, or underreported the previous year.
That was the beginning of Project Censored, the longest-running media censorship project in the nation — and it drew plenty of criticism from editors and publishers.
“I was taking a lot of flak from editors around Project Censored’s annual list of the top stories the mainstream media missed,” recalls the now-retired Jensen. “They said the reason they hadn’t covered the stories was that they only had a limited amount of time and space, and that I was an academic, sitting there criticizing.”
But Jensen had an answer: there was plenty of time and space, but it was just being filled with fluff.
Since 1993, Project Censored has been running not only the stories that didn’t get adequate coverage but also the “junk food news” — the stories that were way, way overblown and filled precious pages and airtime that could have been used for real news.
While Jensen would love to be able to claim that Project Censored solved the media’s problems with censorship and junk food news, that didn’t happen.
“If anything, it’s gotten worse,” Jensen says, pointing to increased media monopolization.
Project Censored’s current director, Peter Phillips, says entertainment news may be addictive, but that’s no excuse for the media to push it.
“Massacres, celebrity gossip — we’re automatically attracted,” Phillips says. “It’s like selling drugs. But we don’t tolerate the drug dealer on the corner. For the democratic process to happen, we have to have information presented and made available. To just give people entertainment news is an abdication of the First Amendment.”
Art Brodsky, a telecommunications expert at Public Knowledge, an advocacy group based in Washington, DC, says some of the problems with censorship are a product of journalistic laziness. Brodsky, who has written extensively on network neutrality, which is the number one issue on this year’s list, says the topic hasn’t received enough coverage, partly because the debate has largely remained couched in telecommunications jargon.
“Network neutralilty is a crappy term, other than its alliterative value,” Brodsky says. “It’s one of those Washington issues that gets intense coverage in the field where it happens but can be successfully muddied, and it’s technical. So a lot of editors and reporters throw their hands up in the air, a lot like senators.
Following are Project Censored’s top 10 stories for the past year.
1. THE FEDS AND THE MEDIA MUDDY THE DEBATE OVER INTERNET FREEDOM
In its relatively brief life, the Internet has been touted as the greatest vehicle for democracy ever invented by humankind. It’s given disillusioned Americans hope that there is a way to get out the truth, even if they don’t own airwaves, newspapers, or satellite stations. It’s forced the mainstream media to talk about issues it previously ignored, such as the Downing Street memo and Abu Ghraib prisoner abuse.
So when the Supreme Court ruled that giant cable companies aren’t required to share their wires with other Internet service providers, it shouldn’t have been a surprise that the major media did little in terms of exploring whether this ruling would destroy Internet freedom. As Elliot Cohen reported in BuzzFlash, the issue was misleadingly framed as an argument over regulation, when it’s really a case of the Federal Communications Commission and Congress talking about giving cable and telephone companies the freedom to control supply and content — a decision that could have them playing favorites and forcing consumers to pay to get information and services that currently are free.
The good news? With the Senate still set to debate the Communications Opportunity, Promotion and Enhancement Act of 2006, as the network neutrality bill is called, it’s not too late to write congressional representatives, alert friends and acquaintances, and join grassroots groups to protect Internet freedom and diversity.
Source: “Web of Deceit: How Internet Freedom Got the Federal Ax, and Why Corporate News Censored the Story,” Elliot D. Cohen, BuzzFlash.com, July 18, 2005
2. HALLIBURTON CHARGED WITH SELLING NUCLEAR TECHNOLOGY TO IRAN
Halliburton, the notorious US energy company, sold key nuclear reactor components to a private Iranian oil company called Oriental Oil Kish as recently as 2005, using offshore subsidiaries to circumvent US sanctions, journalist Jason Leopold reported on GlobalResearch.ca, the Web site of a Canadian research group. He cited sources intimate with the business dealings of Halliburton and Kish.
The story is particularly juicy because Vice President Dick Cheney, who now claims to want to stop Iran from getting nukes, was president of Halliburton in the mid-1990s, at which time he may have advocated business dealings with Iran, in violation of US law.
Leopold contended that the Halliburton-Kish deals have helped Iran become capable of enriching weapons-grade uranium.
He filed his report in 2005, when Iran’s new hard-line government was rounding up relatives and business associates of former Iranian president Hashemi Rafsanjani, amid accusations of widespread corruption in Iran’s oil industry.
Leopold also reported that in 2004 and 2005, Halliburton had a close business relationship with Cyrus Nasseri, an Oriental Oil Kish official whom the Iranian government subsequently accused of receiving up to $1 million from Halliburton for giving them Iran’s nuclear secrets.
Source: “Halliburton Secretly Doing Business with Key Member of Iran’s Nuclear Team,” Jason Leopold, GlobalResearch.ca, Aug. 5, 2005
3. WORLD OCEANS IN EXTREME DANGER
Rising sea levels. A melting Arctic. Governments denying global warming is happening as they rush to map the ocean floor in the hopes of claiming rights to oil, gas, gold, diamonds, copper, zinc, and the planet’s last pristine fishing grounds. This is the sobering picture author Julia Whitty painted in a beautifully crafted piece that makes the point that “there is only one ocean on Earth … a Mobiuslike ribbon winding through all the ocean basins, rising and falling, and stirring the waters of the world.”
If this world ocean, which encompasses 70.78 percent of our planet, is in peril, then we’re all screwed. As Whitty reported in Mother Jones magazine, researchers at the Scripps Institution of Oceanography and the Lawrence Livermore National Laboratory in 2005 found “the first clear evidence that the world ocean is growing warmer,” including the discovery “that the top half-mile of the ocean has warmed dramatically in the past 40 years as the result of human-induced greenhouse gases.” But while a Scripps researcher recommended that “the Bush administration convene a Manhattan-style project” to see if mitigations are still possible, the US government has yet to lift a finger toward addressing the problem.
Source: “The Fate of the Ocean,” Julia Whitty, Mother Jones, March–April 2006
4. HUNGER AND HOMELESSNESS INCREASING IN THE UNITED STATES
As hunger and homelessness rise in the United States, the Bush administration plans to get rid of a data source that supports this embarrassing reality — a survey that’s been used to improve state and federal programs for retired and low-income Americans.
President Bush’s proposed budget for fiscal year 2007 includes an effort to eliminate the Census Bureau’s Survey of Income and Program Participation. Founded in 1984, the survey tracks American families’ use of Social Security, Medicaid, unemployment insurance, child care, and temporary assistance for needy families.
With legislators and researchers trying to prevent the cut, author Abid Aslam argued that this isn’t just an isolated budget matter: it’s the Bush administration’s third attempt in as many years to remove funding for politically embarrassing research. In 2003, it tried to whack the Bureau of Labor Statistics report on mass layoffs and in 2004 and 2005 attempted to drop the bureau’s questions on the hiring and firing of women from its employment data.
Sources: “New Report Shows Increase in Urban Hunger, Homelessness,” Brendan Coyne, New Standard, December 2005; “US Plan to Eliminate Survey of Needy Families Draws Fire,” Abid Aslam, OneWorld.net, March 2006
5. HIGH-TECH GENOCIDE IN CONGO
If you believe the corporate media, then the ongoing genocide in the Democratic Republic of the Congo is all just a case of ugly tribal warfare. But that, according to stories published in Z Magazine and the Earth First! Journal and heard on The Taylor Report, is a superficial, simplistic explanation that fails to connect this terrible suffering with the immense fortunes that stand to be made from manufacturing cell phones, laptop computers, and other high-tech equipment.
What’s really at stake in this bloodbath is control of natural resources such as diamonds, tin, and copper, as well as cobalt — which is essential for the nuclear, chemical, aerospace, and defense industries — and coltan and niobium, which is most important for the high-tech industries. These disturbing reports concluded that a meaningful analysis of Congolese geopolitics requires a knowledge and understanding of the organized crime perpetuated by multinationals.
Sources: “The World’s Most Neglected Emergency: Phil Taylor talks to Keith Harmon Snow,” The Taylor Report, March 28, 2005; “High-Tech Genocide,” Sprocket, Earth First! Journal, August 2005; “Behind the Numbers: Untold Suffering in the Congo,” Keith Harmon Snow and David Barouski, Z Magazine, March 1, 2006
6. FEDERAL WHISTLEBLOWER PROTECTION IN JEOPARDY
Though record numbers of federal workers have been sounding the alarm on waste, fraud, and other financial abuse since George W. Bush became president, the agency charged with defending government whistleblowers has reportedly been throwing out hundreds of cases — and advancing almost none. Statistics released at the end of 2005 by Public Employees for Environmental Responsibility led to claims that special counsel Scott Bloch, who was appointed by Bush in 2004, is overseeing the systematic elimination of whistleblower rights.
What makes this development particularly troubling is that, thanks to a decline in congressional oversight and hard-hitting investigative journalism, the role of the Office of Special Counsel in advancing governmental transparency is more vital than ever. As a result, employees within the OSC have filed a whistleblower complaint against Bloch himself.
Ironically, Bloch has now decided not to disclose the number of whistleblower complaints in which an employee obtained a favorable outcome, such as reinstatement or reversal of a disciplinary action, making it hard to tell who, if anyone, is being helped by the agency.
Sources: “Whistleblowers Get Help from Bush Administration,” Public Employees for Environmental Responsibility (PEER) Web site, Dec. 5, 2005; “Long-Delayed Investigation of Special Counsel Finally Begins,” PEER Web site, Oct. 18, 2005; “Back Door Rollback of Federal Whistleblower Protections,” PEER Web site, Sept. 22, 2005
7. US OPERATIVES TORTURE DETAINEES TO DEATH IN AFGHANISTAN AND IRAQ
Hooded. Gagged. Strangled. Asphyxiated. Beaten with blunt objects. Subjected to sleep deprivation and hot and cold environmental conditions. These are just some of the forms of torture that the US military in Iraq and Afghanistan inflicted on detainees, according to an American Civil Liberties Union analysis of autopsy and death reports that were made public in response to a Freedom of Information Act lawsuit.
While reports of torture aren’t new, the documents are evidence of using torture as a policy, raising a whole bunch of uncomfortable questions, such as: Who authorized such techniques? And why have the resulting deaths been covered up?
Of the 44 death reports released under ACLU’s FOIA request, 21 were homicides and eight appear to have been the result of these abusive torture techniques.
Sources: “US Operatives Killed Detainees During Interrogations in Afghanistan and Iraq,” American Civil Liberties Union Web site, Oct. 24, 2005; “Tracing the Trail of Torture: Embedding Torture as Policy from Guantánamo to Iraq,” Dahr Jamail, TomDispatch.com, March 5, 2006
8. PENTAGON EXEMPT FROM FREEDOM OF INFORMATION ACT
In 2005, the Department of Defense pushed for and was granted exemption from Freedom of Information Act requests, a crucial law that allows journalists and watchdogs access to federal documents. The stated reason for this dramatic and dangerous move? FOIA is a hindrance to protecting national security. The ruling could hamper the efforts of groups like the ACLU, which relied on FOIA to uncover more than 30,000 documents on the US military’s torture of detainees in Afghanistan, Iraq, and Guantánamo Bay, including the Abu Ghraib torture scandal.
With ACLU lawyers predicting that this ruling will likely result in more abuse and with Americans becoming increasingly concerned about the federal government’s illegal intelligence-gathering activities, Congress has imposed a two-year sunset on this FOIA exemption, ending December 2007 — which is cold comfort right now to anyone rotting in a US overseas military facility or a secret CIA prison.
Sources: “Pentagon Seeks Greater Immunity from Freedom of Information,” Michelle Chen, New Standard, May 6, 2005; “FOIA Exemption Granted to Federal Agency,” Newspaper Association of America Web site, posted December 2005
9. WORLD BANK FUNDS ISRAEL-PALESTINE WALL
In 2004, the International Court of Justice ruled that the wall Israel is building deep into Palestinian territory should be torn down. Instead, construction of this cement barrier, which annexes Israeli settlements and breaks the continuity of Palestinian territory, has accelerated. In the interim, the World Bank has come up with a framework for a Middle Eastern Free Trade Area, which would be financed by the World Bank and built on Palestinian land around the wall to encourage export-oriented economic development. But with Israel ineligible for World Bank loans, the plan seems to translate into Palestinians paying for the modernization of checkpoints around a wall that they’ve always opposed, a wall that will help lock in and exploit their labor.
Sources: “Cementing Israeli Apartheid: The Role of World Bank,” Jamal Juma’, Left Turn, issue 18; “US Free Trade Agreements Split Arab Opinion,” Linda Heard, Aljazeera, March 9, 2005
10. EXPANDED AIR WAR IN IRAQ KILLS MORE CIVILIANS
At the end of 2005, US Central Command Air Force statistics showed an increase in American air missions, a trend that was accompanied by a rise in civilian deaths thanks to increased bombing of Iraqi cities. But with US bombings and the killing of innocent civilians acting as a highly effective recruiting tool among Iraqi militants, the US war on Iraq seemed to increasingly be following the path of the war in Vietnam. As Seymour Hersh reported in the New Yorker at the end of 2005, a key component in the federal government’s troop-reduction plan was the replacement of departing US troops with US air power.
Meanwhile, Hersh’s sources within the military have expressed fears that if Iraqis are allowed to call in the targets of these aerial strikes, they could abuse that power to settle old scores. With Iraq devolving into a full-blown Sunni-Shiite civil war and the United States increasingly drawn into the sectarian violence, reporters like Hersh and Dahr Jamail fear that the only exit strategy for the United States is to increase the air power even more as the troops pull out, causing the cycle of sectarian violence to escalate further.
Sources: “Up in the Air,” Seymour M. Hersh, New Yorker, December 2005; “An Increasingly Aerial Occupation,” Dahr Jamail, TomDispatch.com, December 2005 SFBG
For the next 15 of Project Censored’s top 25 stories, go to www.sfbg.com.

Thinking outside the pipe

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OPINION Although it’s named the SF Sewer System Master Plan Project, San Francisco’s long-term wastewater program deals with a lot more than sewage. It addresses stormwater runoff as well as the used water that drains out of our residential and commercial sinks, toilets, showers, and washing machines. It offers us a choice between the high road of environmental justice, sustainability, and the emerging green economy and the heavily engineered “pump-and-dump” approach that has defined the city’s sewage and stormwater management practices since San Francisco was first settled.
The high road views the water that we use and that falls on our city as a resource that is too good to waste. San Franciscans now have a once in a generation opportunity to put that idea into practice through a range of innovative technologies, design techniques, and “out of the pipe” thinking. Just a few of the possibilities: building compact facilities to treat our wastewater closer to where it is first generated and where it can be reused, rather than pumping it all into one community where it can become a nuisance; transforming our streets, parks, and school yards into a network of green, healthy corridors that are vital parts of our drainage management system; and harvesting stormwater through green roofs, cisterns, and permeable surfaces.
The high road not only creates jobs for the skilled trade workers who will be needed to rebuild and upgrade the system but also provides opportunities for training and employment for younger and lower-skilled workers to maintain our green infrastructure. While many of the Public Utilities Commission staff have embraced these alternatives, public support will be critical to overcoming the institutional bias for the status quo.
Today stormwater and sewage are considered waste to be made invisible, quickly pumped somewhere for treatment, then dumped. The resulting wastewater system places 80 percent of San Francisco’s sewage treatment burden — and its accompanying problems — in the already mistreated Bayview–Hunters Point neighborhood. During rains the water that falls on the streets is quickly routed down storm drains and toward the city’s treatment facilities. Under normal circumstances the stormwater and sewage are treated, then discharged 800 feet offshore into San Francisco Bay and into an “exemption zone” in the Monterey Bay Marine Sanctuary, four and a half miles into the Pacific Ocean.
But rains overwhelm the system between 10 and 20 times every year, resulting in neighborhood flooding and overflows of more than a billion gallons of minimally treated sewage and stormwater along our waterfront annually. Since the rains are diverted into pipes instead of being absorbed into the ground, the west-side aquifer that supports Lake Merced and Pine Lake is starved of water.
The planning process now underway gives us an opportunity to address these problems. The sewer master plan provides a variety of ways for San Franciscans to get involved. They must do so to build the type of wastewater system that we can be proud of. SFBG
Alex Lantsberg
Alex Lantsberg is cochair of the Alliance for a Clean Waterfront (sfcleanwaterfront.org) and chair of the Public Utilities Commission’s Citizens Advisory Committee. For more information, contact him at lantsberg@gmail.com.

Ammiano’s health care plan is fair

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OPINION Universal health care. These days, most people want it, but no one wants to pay for it.
But like it or not, we all share in the expense of providing health care. We pay for it directly in our health care premiums or indirectly from higher costs for goods, services, and taxes. According to the activist group Health Care for All, “We spend over $6,000 per person in the US — two to three times the amount spent in other countries that insure everyone and have better health outcomes.” Our health care system, if you can call it that, is currently based on a corporate, for-profit model that increasingly leaves large numbers of people uninsured — and they must rely on taxpayer-subsidized public health programs.
Mayor Gavin Newsom is pushing for universal health care in San Francisco, and there are three ways on the table to fund it.
The Committee on Jobs, Chamber of Commerce, and Golden Gate Restaurant Association champion a plan in which all businesses pay a set fee, whether or not they are providing health care for their employees. Under this plan, large businesses that are not providing health care for their employees will save big money. Small businesses — and every business already doing the right thing — would subsidize the minority of large businesses that don’t provide health care.
In fact, 63 percent of the projected $50 million in revenue raised by this plan would come from businesses with fewer than 20 employees. A full 80 percent would be paid by employers with fewer than 50 employees.
The local papers say Newsom supports a voluntary plan. I assume that means employers can choose whether to pay. I’m surprised anyone would propose this with a straight face. Most employers do provide health care. This legislation is about those that don’t. They haven’t volunteered to pay for their own employees’ health care; why would they pay for a city plan?
Then there’s Sup. Tom Ammiano’s proposal.
Ammiano’s plan includes a minimum spending requirement for health care services for all employers with 20 or more employees. Small businesses with less than 20 employees (the vast majority of registered businesses in San Francisco) don’t have to pay anything. Of the three proposals, Ammiano’s seems the fairest to the majority of employers that already provide health care.
The Committee on Jobs tells us that small businesses will be hurt by this plan. I’m always suspicious when a well-funded organization that exists to lobby for the interests of the largest corporations in San Francisco leads with an argument related to the impact to the small business community.
The SFSOS thinks that any decision on Ammiano’s health care plan will be made “predominantly by people who have never worked in retail business, never managed a staff, nor ever had to make a payroll.”
I operated a temporary employment business in San Francisco for 25 years. Ammiano’s plan levels the playing field for all businesses.
For the record, many of my former colleagues within the small business community provide very generous health care benefits. Employees in small businesses, after all, are like family. Many small business owners think that those who do not provide health care have an unfair competitive advantage.
If we’re going to have universal health care, everyone should pay. SFBG
Barry Hermanson
Barry Hermanson is running for state assembly in District 12 on the Green Party ticket.

For bicyclists, some good news…

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› steve@sfbg.com
San Francisco’s southeastern waterfront is a natural jewel buried under the city’s industrial past.
The coastline is warm and often beautiful but marked mostly by collapsing piers, rusting skeletons of industrial centers, two power plants, and other long abandoned maritime projects.
But city and port officials, with the support of civic groups, are embarking on an ambitious effort to open up the waterfront with new bicycle and pedestrian trails, rotating public artwork, improved aquatic access, spruced up waterfront parks, rebuilt piers, and the transformation of industrial property into public spaces that would teach visitors about San Francisco’s past.
The recent opening of Pier 14, with the Passage sculpture from last year’s Burning Man festival as a temporary centerpiece, was a big step forward. And the imminent announcement of what the Farallon/Shorenstein development team is proposing for Piers 27–31 will be another important piece of the central waterfront puzzle.
Yet it is the so-called Blue Greenway initiative — which was formally launched June 24 with a bike and boat tour ending with a party at India Basin Shoreline Park on Hunter’s Point — that takes on the toughest terrain: the 13-mile coastline stretching from China Basin all the way down to Candlestick Point.
A Blue Greenway task force was set up six months ago by Mayor Gavin Newsom and Sup. Sophie Maxwell, with support from the Livable City Initiative and Neighborhood Parks Council. They shared their vision with a group of almost 100 bicyclists on a guided tour led by Newsom’s director of greening, Marshall Foster.
“We’re still imagining the way,” Foster said at the first stop of the Imagine the Way tour, Aqua Vista Park, where artist Topher Delaney is still covering the pier in shimmery blue sequins and installing horizontal bike rims trimmed with reflectors at the tops of colored poles.
Another art installment planned at Third Street and Cargo Way, Red Fish by William Wareham, was also not yet complete, like much of the Blue Greenway.
“You’ll notice on Illinois Street how there were no bike lanes. There were supposed to be bike lanes,” said Foster, noting how that project was recently appealed to the Board of Supervisors, only to have that and most other bike projects around the city stopped by a judge’s injunction (see sidebar).
At Pier 70 — once the main employment center of San Francisco, first with Union Iron Works and later Bethlehem Steel — getting access to the waterfront is nearly impossible now. The buildings are dangerous ruins and only broken pilings remain from the once-bustling piers.
“We think ultimately we can get in here and get access to the waterfront,” Foster said.
The Port of San Francisco’s planning and development director, Byron Rhett, who was also pedaling along on the tour, supported Foster’s hopes and said the port has consultants analyzing the site.
“We are just starting the process of declaring this an historic district,” Rhett said. “Bicycle and pedestrian access will be part of those discussions.”
Just south of Pier 70, the tour wound through the weed-strewn and graffiti-covered shoreline park and pathway at Warm Springs Cove. “This is a park that needs love,” said Michael Alexander, an historian and task force member who helped Foster narrate the journey.
A group of eight kayakers who were shadowing the bicyclists showed up while Alexander was talking, and he explained that there will be improvements to water access for them, both at Warm Springs and the next stop, Islais Landing, which was once a busy deepwater port channel, but which is now mostly hidden from view by roadways and underground culverts.
“We want to create places where we can open up Islais Creek,” Foster told the group.
The final two spots of the tour were on either side of the recently shuttered Hunter’s Point Power Plant: Heron’s Head Park and India Basin Shoreline Park, which are connected by a coastal trail that most San Franciscans probably don’t know exists.
At the final stop, Newsom, Maxwell, Assemblymember Mark Leno, and other luminaries gathered to promote the project.
“The Blue Greenway is already in each and every one of us, and we’re going to make sure that dream comes true,” Maxwell said.
The project will be a public-private partnership. Newsom committed the city to the effort but said the public has to get involved: “Without getting the enthusiasm to pull this off, it won’t happen.” SFBG
www.bluegreenway.org
www.sfbg.com on the Pier 14 opening.

Pride of Frankenstein

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› a&eletters@sfbg.com

There were macabre and fantastical American films in the silent era, many starring "Man of a Thousand Faces" Lon Chaney. But horror as a Hollywood genre arguably didn’t exist before 1931, when Universal released what may be the two biggest monster franchise titles in cinematic history.

One was Tod Browning’s Dracula, starring Hungarian émigré Bela Lugosi as Bram Stoker’s suave bloodsucker. The other was James Whale’s Frankenstein, which starred, uh, "???? as The Monster." That was the actual on-screen billing, though word soon leaked out that portraying Mary Shelley’s "Modern Prometheus" under grotesque makeup was a certain English actor named Boris Karloff. Well, renamed: Onetime farmhand William Henry Pratt had changed his moniker long before, the better to snatch those multiethnic roles his imposing features could encompass.

Karloff, whose huge film legacy is commemorated in a Balboa Theater retrospective starting this Friday, had labored without much recognition in nearly 80 bit and supporting parts since 1919. Public clamor to identify Frankenstein‘s hulking yet plaintive monster ended that once and for all making Karloff as notorious as the already Broadway-famed Lugosi overnight. Forever after they’d be linked as Hollywood’s twin ghouls. Both were typecast by genre fame, relegated to endless B-, then Z-grade productions. (Unlike Lugosi, Karloff managed to avoid working with legendarily inept Ed "Plan 9 from Outer Space" Wood — but he did end his career laboring on four back-to-back Mexican horror films of almost equally hilarious artistic bankruptcy. Check out the demented Torture Chamber, released well after his 1969 death and most definitely absent from the Balboa slate.)

Heavy on Golden Era classics, very light on the schlockier work that dominated Karloff’s later years, the retrospective is full of rarities and 35 mm restorations. All the Universal Frankenstein films are represented, plus 1932’s The Mummy another primary horror figure Karloff made his own. The series’ surprise is its several gangster flicks a genre that hit the fan just before horror did, affording glower-faced Karloff plenty of employment opportunities. He’s eighty-sixed in a bowling alley in the 1932 Scarface and plays a killer convict in another Howard Hawks film, 1931’s The Criminal Code. You can also see him as a crazed Islamic fundamentalist(!) in 1934’s The Lost Patrol, one rare occasion in which he worked with a "prestige" director like John Ford.

But the bulk of the Balboa’s 26 titles are horror, made by studio talents who never got near an Academy Award though god knows James Whale’s witty The Old Dark House (1932) and Bride of Frankenstein (1935) have aged better than whatever won Oscars those years. Ditto The Body Snatcher a decade later, innovative producer Val Lewton’s take on real-life grave robbers Burke and Hare. Body costarred Lugosi, who’d earlier joined Karloff in expat Hungarian director Edgar G. Ulmer’s tardy riot of German expressionism, The Black Cat (1934). Another gem is 1932’s The Mask of Fu Manchu, a rare horror effort for sniffy MGM that compensated via high art-deco gloss, sexual sadism, and racial stereotypes pushed to the point of absurdist camp. Under such conditions, Karloff often seems as amused as he is sinister, shading his material not with condescension but with delicate irony. He was never undignified, though the films often were. He gladly participated in ridiculing his own image, however — notably in the stage smash Arsenic and Old Lace, in which his thug character confesses, "I killed him because he said I looked like Boris Karloff."

The gentlemanly offscreen Karloff loved children, and had mixed feelings about his professional prowess at scaring the bejesus out of them. His daughter Sara Karloff kicks off the Balboa series with an evening of home movies and live chat. You can safely bet her reminiscences will land at a safe distance from Mommie Dearest territory. SFBG

"As Sure as My Name is Boris Karloff"

June 2–8, June 16–22

Balboa Theater

3630 Balboa, SF

$6–$8.50

(415) 221-8184

For showtimes, see Rep Clock

www.balboamovies.com

Endorsements: The Greens

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EDITORIAL We’ve long encouraged the California Green Party to focus its energy on local races, and in San Francisco, the Greens have had considerable success: Matt Gonzalez and then Ross Mirkarimi were elected supervisor as Greens (and Gonzalez made a hell of a run for mayor). Sarah Lipson and Mark Sanchez won school board seats. The idea of someone from the Green Party running citywide is no longer all that unusual, and if the party can continue to generate energy and enthusiasm over the next few years, it will become even more of a source of progressive leaders and provide competition to the Democrats who have controlled city politics for decades.

We focused in last week’s endorsements issue on a few contested Democratic primaries for state assembly and senate, but there are several Greens worthy of note who are challenging entrenched incumbents. Our Green primary endorsements:

For US Senate: Todd Chretien

Chretien is one of the most exciting Green Party candidates in the country. He’s trying to turn a nonrace into a referendum on war and abuse of power. This East Bay resident has spent years fighting for social justice, first as a socialist and then as a Green. He’s smart, passionate, eloquent, and right on the issues. He’s clearly not going to beat Dianne Feinstein, but if he gets any media attention, he’ll be able to raise some important issues.

For US Congress, District 8: Krissy Keefer

Keefer, a dancer and Guardian Goldie winner, has long been an active part of the city’s arts community. She’s always been political, and became an antigentrification activist during the dot-com boom. She has virtually no hope of beating incumbent Nancy Pelosi, and her platform is a little, well, abstract. But we’ve always liked Keefer and we appreciate her spirit in trying to hold Pelosi accountable.

For State Assembly, District 12: Barry Hermanson

Hermanson spent 25 years putting his ideals into action as the owner of a small employment agency, where he sought to raise pay rates for temporary workers. His strategy: reduce his own commission, and pay the temps more. He put a bunch of his own money into a successful citywide campaign to raise the minimum wage. If Janet Reilly wins the Democratic primary for this seat, most progressives in town will probably stick with her but if Sup. Fiona Ma comes out on top June 6, Hermanson could emerge as the only alternative. SFBG

Whole paycheck

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› amanda@sfbg.com

On a Sunday afternoon, the Cala Foods at Stanyan and Haight is a dismal sight. Thrifty shoppers, beckoned by the 6070 percent off price tags walk out into the drizzle, empty-handed. The doors close permanently May 24, and there isn’t much left.

The owner of the building, Mark Brennan, plans to demolish the place, and is negotiating with Whole Foods the fast-growing organic food chain to build a new store on the site. Some Haight neighbors are looking forward to the organic option, but many are scowling about the potential for increased traffic in the foot-friendly hood and the fact that Whole Foods is known for high-end products with high-end prices. They refer to the store as "Whole Paycheck."

According to plans, the 28,000-square-foot store will be capped with 62 residential units, seven below market rate, and will sit on three levels of underground parking, tripling the current number of spaces. It will also be the westernmost Whole Foods location in the city, potentially drawing traffic eastward through the park.

"We talked briefly with Trader Joe’s and Rainbow Grocery, and sent a letter to Berkeley Bowl," Brennan told the Guardian. "Whole Foods is the only one willing to wait for development."

The construction is expected to take up to five years, so those in need of a local supermarket will be hard up for a while. "I’m very worried about the old ladies," said Spencer Cumbs, who’s worked at the Cala location for 11 years and often delivers groceries for the more infirm. "Where are they going to shop?" He tells them to visit him at the Cala on California and Hyde, where he’s been transferred, but that’s a long bus ride. There’s no other full-service supermarket in the area.

Like any chain store moving into a neighborhood, Whole Foods could hurt small local businesses, like Haight Street Market, an organic grocery started 25 years ago by Gus and Dmitri Vardakastanis and currently managed by the third generation of the family, Bobby Vardakastanis. "I don’t know if the neighborhood could support it," Bobby told us. "But we have a lot of loyal customers who don’t want to see us get hurt."

Fresh Organics, on the corner of Stanyan and Carl, is also optimally situated to take a hit. "This place rocks," said Erik Christoffersen, with his daughter strapped to his back and arms full of local produce. But he confesses he’d shop at Whole Foods too. "They don’t get meats and fish," he says of the local corner store. A recent Haight Ashbury Neighborhood Council meeting on the future of the site drew some 80 residents. According to Calvin Welch, HANC’s housing and land use chair, the major concerns were that Whole Foods is too high-end and, he included, that "people would prefer a unionized grocery store like Cala."

The union issue is huge all over California, where unionized grocery stores are trying to compete against giant nonunion competitors like Wal-Mart. And the San Francisco supervisors are trying to give locals a degree of protection.

A new Grocery Worker’s Retention Ordinance, signed into law by Mayor Newsom on May 12, mandates a 90-day period of continued employment for grocery workers when retail stores larger than 15,000 square feet change hands. It would benefit workers at union stores, like Cala, that are replaced by nonunion retailers, like Whole Foods or Trader Joe’s.

Sup. Fiona Ma, who introduced the measure, was inspired by a meeting with employees facing potential job losses due to new ownership at three Albertson’s stores in the city, Bill Barnes, an aide to Ma, told us. An endorsement of her run for State Assembly from United Food and Commercial Workers Local 648, which advocated for the ordinance, was probably pretty inspiring as well.

Still, the bill comes too late to help the Cala workers. Employees at the Haight Ashbury store have been transferred to other locations, while ten workers trumped by their seniority have been laid off. SFBG

Saluting small business

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> bruce@sfbg.com

  Back in my hometown of Rock Rapids, Iowa, a flat land of tall corn and homestead farms way out in northwest Iowa, my grandfather and father ran a small, family owned drug store for more than seven decades. Their slogan, known throughout the territory, was "Brugmann’s Drugs: Where drugs and gold are fairly sold, since l902."

   The town was then and still is about 2,800 in population, and we were miles away from the nearest cities of Sioux Falls, South Dakota, and Sioux City, Iowa. The merchants, and the farmers and townsfolk who patronized them, had to go it pretty much alone and depend on each other for economic sustenance.  The two Brugmann families bought shoes at Jensen’s and Hornseth’s shoe stores, purchased clothes that often didn’t quite fit at Bernstein’s department store, bought our groceries from Bob Bendinger and Tony Sieparda’s grocery stores, ate meals out at Jay’s and the Grill Café, banked at the Rock Rapids State Bank and later the Lyon County bank,  went to endless church suppers in town and in the country to support the local churches, hired Jim Wells to do our taxes, used both Doc Wubbena and Doc Cook, the town’s two doctors, and had our teeth done by Doc Lee and Doc Fisch.

   My dad, as the town pharmacist, would often get called at night, sometimes twice, to go down to the store and fill a prescription for one of the doctors tending a patient who needed emergency help. My wife’s father, who owned a lumberyard in Bennet, Nebraska, and later a hardware store in Le Mars, Iowa, followed the same routine. As did her grandfathers, one who founded banks in small towns in Nebraska and Kansas, another who ran a grocery store in Topeka, Kansas.

   I asked my grandfather and my dad why they went out of their way to do all these things in town and why I always got pulled along as Con Brugmann’s boy. "We want to keep our money working in town," they would reply. "That helps the store and that helps the town." I also asked why they put regular ads in the local Lyon County Reporter, run by Paul Smith as the fourth generation of the pioneering Smith family, when everybody already knew what the store offered in merchandise and service. "That’s the price of having a good local paper in town,” my dad would say.

   Significantly, Brugmann’s Drugs and our old store building have been transformed into the B and L café, a friendly oasis featuring yummy homemade pies and soups and a unique setting full of antique furniture. It is owned and operated by Beth and Lawrence Lupkes, a husband and wife team who work long and hard to keep the café going from dawn till dusk seven days a week. Their key to economic sustenance: they keep their “day” jobs, Beth as a dispatcher for the county’s emergency services, Lawrence as a rural mail carrier and mayor. Lawrence’s sister is the main cook and they press family members into service.

   When my wife Jean Dibble and I founded the Guardian in l966, we quickly found that the cooperative small business way of life that worked in little towns in Iowa and Nebraska and Kansas worked the same way in San Francisco with its tradition of neighborhoods and communities. Small business, we found, was not only the leading job generator and a key piece of the city’s urban fabric. Small business was critical to building sustainable local economies in San Francisco and most other cities. Jean and I like to think that the Brugmann and Dibble families have been continuously making small business contributions to our communities since l902.

   A long list of studies shows that small businesses keep more money circuutf8g in the local economy than big chains. The chain money is wired out of town every night—and chains are more likely to buy from other chains, in bulk, and thus rarely patronize other local businesses. So very little of the dollar you spend at a chain store stays in the community, which means its impact on the local economy is negligible. Money that stays in town creates more jobs, more business activity, a more stable economy and a larger tax base. Thankfully, no Wal-Mart came to the Rock Rapids area, but Wal-Mart came to several other Iowa communities with disastrous consequences to the downtowns and local tax bases of three towns and seven counties. Many other studies showed similar consequences in many other areas of the country.  (The Hometown Advantage, Big Box Economic Impact Studies from the Institute for Local Self Reliance. http://www.newrules.org/retail/econimpact)

    When academics and policy makers around the country are increasingly discussing ways that cities can be more self-reliant, work more with local resources and thus be both environmentally and economically stronger, they are talking about the value of small, locally owned, independent businesses.

    Economies are all subject to business cycles. If a city’s economy is dominated by a monocrop and or a few big companies, the entire economy suffers when they take a hit. Rock Rapids is tied to the farms and the weather.  Detroit’s fate is tied to the auto industry. If Microsoft and Boeing have blips, the impact is felt across Seattle. But a community with many different local businesses in many different niches is much more able to survive and even prosper in tough times.  After the l906 earthquake, it was the entrepreneurs and small businesses that lifted the city from the ashes. After the dot-com bust, it was again the small businesses and the entrepreneurs who are helping cushion the blow and leading the recovery.

    The bottom line is that the big chains see a community like San Francisco as a place to extract money from as quickly as possible, much like the strip miners in the Sierra. Small businesses see the city as a place to invest human capital to build real community—to join merchant groups, get involved in local politics, hire local kids, patronize other businesses, work to invigorate their neighborhoods, spread the gospel of shopping local. (See the San Francisco Locally Owned Merchants’ Alliance at http://www.sfloma.org/whylocal.com)

    Jean and I and the Guardian staff are happy to salute the small business community with our second annual Small Business Awards. Our congratulations to the winners, all working in their own way to transform San Francisco into a sustainable local economy. And our congratulations to the thousands of small business people in San Francisco, and the merchant groups behind them, who daily struggle valiantly against daunting odds to keep their businesses going, their neighborhoods vibrant, and San Francisco an incomparably great city.

     This year, we give special recognition to Arthur Jackson, who for almost four decades helped thousands of people get jobs in small, independent, locally owned businesses through his employment agency, Jackson Personnel Agency. He died on April l0 at     age 58 after a courageous fight against a series of illnesses including a kidney transplant.  He lived his favorite quote: “Putting people to work is a passion for me, because the paycheck fully empowers our community.” Arthur, as we all called him, won our diversity in small business award last year and his name will live on at the Guardian in the form of our annual Arthur Jackson diversity in small business award.

Transjobless

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tali@sfbg.com

In the transgender community, to have full-time work is to be in the minority. In fact, a new survey of 194 trans people conducted by the Transgender Law Center (TLC), with support from the Guardian, found that only one out of every four respondents has a full-time job. Another 16 percent work part-time.

What’s more, 59 percent of respondents reported an annual salary of less than $15,333. Only 4 percent reported making more than $61,200, which is about the median income in the Bay Area.

In other words, more than half of local transgender people live in poverty, and 96 percent earn less than the median income. Perhaps it shouldn’t be surprising that 40 percent of those surveyed don’t even have a bank account.

TLC doesn’t claim the study is strictly scientific — all respondents were identified through trans organizations or outreach workers. But the data give a fairly good picture of how hard it is for transgender people to find and keep decent jobs, even in the city that is supposed to be most accepting of them.

It’s been more than a decade since San Francisco expanded local nondiscrimination laws to cover trans people, but transphobic discrimination remains rampant. Fifty-seven percent of survey respondents said they’ve experienced some form of employment discrimination.

And interviews show that job woes are hardly straightforward.

Navigating the job-application process after a gender transition can be extraordinarily difficult. Trans people run up against fairly entrenched biases about what kind of work they’re suited for. Sometimes those who are lucky enough to find work can’t tolerate insensitive, or even abusive, coworkers.

Marilyn Robinson turned tricks for almost 20 years before she decided to look for legal employment. She got her GED and, eventually, a job at an insurance company. The first six months went OK, but then a supervisor "thought he had the right to call me RuPaul," she told us. "And I look nothing like RuPaul." Suddenly the women in the office refused to use the bathroom if Robinson was around. She left within a month.

Once again, Robinson was on the job hunt. She interviewed for a receptionist position, and thought it went well. But on her way out, she saw the interviewer toss her application into the trash with a giggle.

"The reality is, even a hoagie shop in the Castro — they might not hire you," she said.

Still, many activists say the increased attention being paid to trans employment issues is promising.

Cecelia Chung from the Transgender Law Center told us there’s a "silver lining" in the effort the "community is putting into really changing the playing field. We’re in a really different place than we were five years ago."

Activists say true progress will require broad education efforts and the cooperation of business owners throughout the Bay Area. But the project is well under way, with San Francisco Transgender Empowerment, Advocacy and Mentorship, a trans collaborative, hosting its second annual Transgender Job Fair March 22. More than a dozen employers have signed up for the fair, including UCSF, Goodwill Industries, and Bank of America.

HURDLES

Imagine trying to find a job with no references from previous employers. Now envision how it might feel to have interviewer after interviewer look at you askance — or even ask if you’ve had surgery on a fairly private part of your body.

These are just a couple of the predicaments trans job-seekers face.

Kenneth Stram runs the Economic Development Office at the San Francisco LGBT Community Center. "In San Francisco there are the best intentions," he told us. "But when you scratch the surface, there are all these procedural hurdles that need to be addressed." As examples, he pointed to job-training classes where fellow students may act hostile, or arduous application processes.

Giving a prospective employer a reference may seem like a fairly straightforward task, but what if your old employer knew an employee of a different gender? Do you call the old boss and announce your new identity? Even if he or she is supportive, experience can be hard to erase. Will the manager who worked with Jim be able to speak convincingly about Jeanine? And what about your work history — should you eliminate the jobs where you were known as a different gender?

Most trans people can’t make it through the application process without either outing themselves or lying.

Marcus Arana decided to face this issue head-on and wrote about his transition from living as a woman to living as a man in his cover letter.

"It became a matter of curiosity," Arana told us. "I would have employers ask about my surgical status."

It took him a year and a half to find a job. Fortunately, it’s one he loves. Arana investigates most complaints of gender identity–related discrimination that are made to San Francisco’s city government. (Another investigator handles housing-oriented complaints.)

When he started his job, in 2000, about three quarters of the complaints Arana saw were related to public accommodations — a transwoman had been refused service at a restaurant, say, or a bank employee had given a cross-dressing man grief about the gender listed on his driver’s license.

Today, Arana told us, at least half of the cases he looks into are work-related — something he attributes to both progress in accommodations issues and stagnation on the job front.

TG workers, he said, confront two common problems: resistance to a changed name or pronoun preference and controversy over which bathroom they use.

The name and pronoun problems can often be addressed through sensitivity training, though Arana said that even in the Bay Area, it’s not unheard of for some coworkers to simply refuse to alter how they refer to a trans colleague.

Nine out of ten bathroom issues concern male-to-female trans folk — despite the fact that the police department has never gotten a single report of a transwoman harassing another person in a bathroom. One complaint Arana investigated involved a woman sticking a compact mirror under a bathroom stall in an effort to see her trans coworker’s genitalia.

But a hostile workplace is more often made up of dozens of subtle discomforts rather than a single drama-filled incident.

Robinson told us the constant whispering of "is that a man?" can make an otherwise decent job intolerable: "It’s why most of the girls — and I will speak for myself — are prostitutes. Because it’s easier."

The second and third most common forms of work-related discrimination cited by respondents in the TLC survey were sexual harassment and verbal harassment.

But only 12 percent of those who reported discrimination also filed some kind of formal complaint. That may be because of the widespread feeling that doing so can make it that much harder to keep a job — or find another one. Mara Keisling, director of the National Center for Transgender Equality, in Washington, DC, said that "it’s a common understanding within the transgender community that when you lose your job, you generally lose your career."

ANOTHER KIND OF GLASS CEILING

Most of the trans people we spoke to expressed resentment at being tracked into certain jobs — usually related to health care or government.

Part of that is because public entities have been quicker to adopt nondiscriminatory policies. San Francisco city government created a splash in 2001 when it granted trans employees access to full health benefits, including sex-reassignment surgery. The University of California followed suit last year.

But it’s also because of deeply ingrained prejudices about what kind of work transgender people are suited to.

Claudia Cabrera was born in Guatemala but fled to the Bay Area in 2000 to get away from the constant insults and occasional violence that befell her. Despite her education in electrical engineering and business and 13 years of tech work, it was difficult for her to find a job — even after she was granted political asylum. In 2002 a local nonprofit she had originally turned to for help offered her a position doing outreach within the queer community.

Cabrera doesn’t make much money, and she sends some of it back to her two kids in Guatemala. But that’s not the only reason she would like another job. She wants to have broader responsibilities and to employ her tech savvy.

"There is a stereotype here in San Francisco [that] transgender folk are only good for doing HIV work — or just outreach in general," she said.

Whenever she’s gotten an interview for another kind of job, she’s been told she is overqualified. Does she believe that’s why she hasn’t been hired? "No," she laughed. But she also acknowledged, "Even though there is discrimination going on here, this is the safest city for me to be in."

Cabrera is now on the board of TLC and is working to create more job opportunities for herself and others in the trans community. She often repeats this mantra: "As a transsexual woman, I am not asking for anything that doesn’t belong to me. I am demanding my rights to live as a human being." *

TRANSGENDER JOB FAIR

March 22

1–4 p.m.

SF LGBT Community Center, Ceremonial Room

1800 Market, SF

(415) 865-5555

www.sfcenter.org

www.transgenderlawcenter.org

www.sfteam.org

SF’s economic future

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Sometime early this spring, while most of Washington, D.C. was watching the cherry trees bloom and thinking about the impending Iran-contra hearings, a few senior administration officials began discussing a plan to help domestic steel companies shut down underutilized plants by subsidizing some of the huge costs of pension plans for the workers who would be laid off.

The officials, mostly from the Departments of Labor and Commerce, saw the plan as a pragmatic approach to a pressing economic problem. With the steel industry in serious trouble, they argued, plant closures are inevitable — and since the federal government guarantees private pension plans, some companies will simply declare bankruptcy and dump the full liability on the taxpayers. Subsidies, they argued, would be a far cheaper alternative.

But the plan elicited sharp opposition from members of the Council of Economic Advisors, who acknowledged the extent of the problem but said the proposal was inconsistent with the Reagan economic philosophy. The problem, The New York Times reported, was that “such a plan would be tantamount to an industrial policy, an approach the president has long opposed.”

For aspiring conservative politicians, the incident contained a clear message, one that may well affect the terms of the 1988 Republican presidential debate. To the right-wing thinkers who control the party’s economic agenda, the concept of a national industrial policy is still officially off-limits. In San Francisco, the ground rules are very different. All four major mayoral candidates agree that the city needs to plan for its economic future and play a firm, even aggressive role in guiding the local economy. The incumbent, Dianne Feinstein, has established a clear, highly visible — and often controversial — industrial development policy, against which the contenders could easily compare and contrast their own programs.

The mayoral race is taking place at a time when the city is undergoing tremendous economic upheaval. The giant corporations that once anchored the local economy are curtailing expansion plans, moving to the suburbs and in many cases cutting thousands of jobs from the payroll. The once-healthy municipal budget surplus is gone. The infrastructure is crumbling and city services are stressed to the breaking point.

By all rights, the people who seek to lead the city into the 1990s should present San Francisco voters with a detailed vision for the city’s economic future, and a well-developed set of policy alternatives to carry that vision out.

But with the election just three months away, that simply isn’t happening. Generally speaking, for all the serious talk of economic policy we’ve seen thus far, most of the candidates — and nearly all the reporters who cover them — might as well be sniffing cherry blossoms in Ronald Reagan’s Washington.

“San Francisco’s major challenge during the next 15 years will be to regain its stature as a national and international headquarters city. This is crucial to the city because much of its economy is tied to large and medium-sized corporations….The major source of San Francisco’s economic strength is visible in its dramatic skyline of highrise office buildings.”

—San Francisco: Its economic future

Wells Fargo Bank, June 1987

“In San Francisco, you have the phenomenon of a city losing its big-business base and its international pretensions — and getting rich in the process.”

—Joel Kotkin, Inc. Magazine, April 1987

[

]

IN MUCH OF San Francisco’s news media and political and business establishment these days, the debate — or more often, lament — starts with this premise: San Francisco is in a bitter competition with Los Angeles. At stake is the title of financial and cultural headquarters for the Western United States, the right to be called the Gateway to the Pacific Rim. And San Francisco is losing.

The premise is hard to deny. If, indeed, the two cities are fighting for that prize, San Francisco has very nearly been knocked out of the ring. Just a few short years ago, San Francisco’s Bank of America was the largest banking institution in the nation. Now, it’s third — and faltering. Last year, First Interstate — a firm from L.A. — very nearly seized control of the the company that occupies the tallest building in San Francisco. The same problems have, to a greater or lesser extent, beset the city’s other leading financial institutions. A decade ago, San Francisco was the undisputed financial center of the West Coast; today, Los Angeles banks control twice the assets of banks in San Francisco.

It doesn’t stop there. Los Angeles has a world-class modern art museum; San Francisco’s is stumbling along. The Port of San Francisco used to control almost all of the Northern California shipping trade; now it’s not even number one in the Bay Area (Oakland is). Looking for the top-rated theater and dance community west of the Rockies? San Francisco doesn’t have it; try Seattle.

Even the federal government is following the trend. A new federal building is planned for the Bay Area, but not for San Francisco. The building — and hundreds of government jobs — are going to Oakland.

In terms of a civic metaphor, consider what happened to the rock-and-roll museum. San Francisco, the birthplace of much of the country’s best and most important rock music, made a serious pitch for the museum. It went to Cleveland.

For almost 40 years — since the end of World War II — San Francisco’s political and business leaders have been hell-bent on building the Manhattan Island of the West on 49 square miles of land on the tip of the Peninsula. Downtown San Francisco was to be Wall Street of the Pacific Rim. San Mateo, Marin and the East Bay would be the suburbs, the bedroom communities for the executives and support workers who would work in tall buildings from nine to five, then head home for the evening on the bridges, freeways and an electric rail system.

If the idea was to make a few business executives, developers and real estate speculators very rich, the scheme worked well. If the idea was to build a sound, firm and lasting economic base for the city of San Francisco, one could certainly argue that it has failed.

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NOT EVERYONE, however, accepts that argument. Wells Fargo’s chief economist, Joseph Wahed, freely admits he is “a die-hard optimist.” San Francisco, he agrees, has taken its share of punches. But the city’s economy is still very much on its feet, Wahed says; he’s not by any means ready to throw in the towel.

Wahed, who authored the bank’s recent report on the city’s economic future, points to some important — and undeniable — signs of vitality:

* San Francisco’s economic growth has been well above both the national and state average during the 1980s — a healthy 3.67 a year.

* Per-capita income in San Francisco is $21,000 a year, the highest of any of the nation’s 50 largest cities.

* New business starts in the city outpaced business failures by a ratio of 5-1, far better than the rest of the nation. * Unemployment in San Francisco, at 5.57, remains below national and statewide levels (see charts).

San Francisco, Wahed predicts, has a rosy economic future — as long as the city doesn’t throw up any more “obstacles to growth” — like Proposition M, the 1986 ballot measure that limits office development in the city to 475,000 square feet a year.

John Jacobs, the executive director of the San Francisco Chamber of Commerce, came to the same conclusion. In the Chamber’s annual report, issued in January, 1987, Jacobs wrote: “The year 1986 has been an amusing one, with both national and local journalists attempting to compare the incomparable — San Francisco and Los Angeles — and suggesting that somehow San Francisco is losing out in this artificially manufactured competition. Search as one might, no facts can be found to justify that assertion.”

Wahed and Jacobs have more in common than their optimism. Both seem to accept as more or less given the concept of San Francisco as the West Coast Manhattan.

Since the day Mayor Dianne Feinstein took office, she has run the city using essentially the policies and approach championed by Wahed and Jacobs. Before San Franciscans rush to elect a new mayor, they should examine those strategies to see if they make any sense. After nearly a decade under Feinstein’s leadership, is San Francisco a healthy city holding its own through a minor downturn or an economic disaster area? Are San Francisco’s economic problems purely the result of national and international factors, or has the Pacific Rim/West Coast Wall Street strategy failed? Is the economy weathering the storm because of the mayor’s policies, or despite them? And perhaps more important, will Feinstein’s policies guide the city to new and greater prosperity in the changing economy of the next decade? Or is a significant change long overdue?

The questions are clear and obvious. The answers take a bit more work.

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SAN FRANCISCO’S economy is an immensely complex creature, and no single study or analysis can capture the full range of its problems and potential. But after considerable research, we’ve come to a very different conclusion than the leading sages of the city’s business community. Yes, San Francisco can have a rosy economic future — if we stop pursuing the failed policies of the past, cut our losses now and begin developing a new economic development program, one based on reality, not images — and one that will benefit a broad range of San Franciscans, not just a handful of big corporations and investors.

Our analysis of San Francisco’s economy starts at the bottom. Wells Fargo, PG&E and the Chamber see the city first and foremost as a place to do business, a market for goods and a source of labor. We see it as a community, a place where people live and work, eat and drink, shop and play.

The distinction is far more than academic. When you look at San Francisco the way Wells Fargo does, you see a booming market: 745,000 people who will spend roughly $19.1 billion on goods and services this year, up from $15.4 billion in 1980. By the year 2000, Wahed projects, that market could reach $229 billion as the population climbs to 800,000 and per-capita income hits $30,000 (in 1986 dollars), up from $18,811 in 1980. Employment has grown from 563,000 in 1980 to 569,000 in 1986. When you look at San Francisco as a place to live, you see a very different story. Perhaps more people are working in San Francisco — but fewer and fewer of them are San Franciscans. In 1970, 57.47 of the jobs in San Francisco were held by city residents, City Planning Department figures show. By 1980, that number had dropped to 50.77. Although more recent figures aren’t available, it’s almost certainly below 507 today.

Taken from a slightly different perspective, in 1970, 89.17 of the working people in San Francisco worked in the city. Ten years later, only 857 worked in the city; the rest had found jobs elsewhere.

Without question, an increase in per capita income signifies that the city is a better market. It also suggests, however, that thousands of low-income San Franciscans — those who have neither the skills nor the training for high-paying jobs — have been forced to leave the city. It comes as no surprise, for example that San Francisco is the only major city in the country to post a net loss in black residents over the past 15 years.

The displacement of lower-income residents highlights a key area in which San Francisco’s economy is badly deficient: housing. San Francisco’s housing stock simply has not kept pace with the population growth of the past five years. Between 1980 and 1984, while nearly 40,000 more people took up residence in the city, only 3,000 additional housing units were built.

Some of the new residents were immigrants who, lacking resources and glad to be in the country on any terms, crowded in large numbers into tiny apartments. Some were young, single adults, who took over apartments, homes and flats, bringing five of six people into places that once held families of three or four.

But overall, the impact of the population increase has been to place enormous pressure on the limited housing stock. Prices, not surprisingly, have soared. According to a 1985 study prepared for San Franciscans for Reasonable Growth by Sedway Cooke and Associates, the median rent for a one-bedroom apartment in 1985 was $700 a month. The residential vacancy rate was less than 17.

Housing is more than a social issue. A report released this spring by the Association of Bay Area Governments warns the entire Bay Area may face a severe housing crisis within the next two decades — and the lack of affordable housing may discourage new businesses from opening and drive existing ones away. When housing becomes too expensive, the report states, the wages employers have to pay to offset housing and transportation costs make the area an undesirable place to do business.

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WAHED’S WELLS FARGO report shows a modest net employment gain in San Francisco between 1980 and 1986, from 563,000 jobs to 569,000. What the study doesn’t show is that the positive job growth statistic reflects the choice of the study period more than it reflects current trends. In the late 1970s and early 1980s, San Francisco experienced considerable job growth. By 1981, that trend was beginning to reverse.

According to a study by Massachusetts Institute of Technology researcher David Birch, San Francisco actually lost some 6,000 jobs between 1981 and 1985. The study, commissioned by the Bay Guardian, showed that the decline occurred overwhelmingly to large downtown corporations — the firms upon which the Pacific Rim strategy was and is centered. Since 1981, those firms have cost the city thousands of jobs. (See The Monsters that Ate 10,000 jobs, Bay Guardian DATE TKTKTK).

Some of the firms — B of A, for example — were victims of poor management. Some, like Southern Pacific, were caught in the merger mania of the Reagan years. Others, however, simply moved out of town. And no new giants moved in to take their places.

What drove these large employers away? Not, it would appear, a lack of office space or other regulatory “obstacles” to growth: Between 1980 and 1985, San Francisco underwent the largest building boom in its history, with more than 10 million square feet of new office space coming on line. In fact, the city now has abundant vacant space; by some estimates, the vacancy rate for downtown office buildings is between 157 and 207.

The decision to move a business into or out of a city is often very complicated. However, Birch, who has done considerable research into the issue, suggests in the April 1987 issue of Inc. magazine that the most crucial concerns are what he calls “quality of life” factors. Quality-of-life factors include things like affordable family housing for employees; easy, inexpensive transit options and good-quality recreation facilities and schools — and good-quality local government. In many cases, researchers are finding, companies that need a large supply of “back office” labor — that is, workers who do not command executive salaries — are moving to the suburbs, where people who are paid less than executive salaries can actually afford to live.

“Today the small companies, not the large corporations, are the engines of economic growth,” Birch wrote. “And more often than not, small companies are growing in places that pay attention to the public realm, even if higher taxes are needed to pay for it.”

For the past 20 years, San Francisco has allowed, even encouraged, massive new highrise office development, geared to attracting new headquarters companies and helping existing ones expand. In the process, some basic city services and public amenities — the things that make for a good quality of life — have suffered.

The most obvious example is the city’s infrastructure — the roads, sewers, bridges, transit systems and other physical facilities that literally hold a modern urban society together. A 1985 report by then-Chief Administrative Officer Roger Boas suggested that the city needed to spend more than $1 billion just to repair and replace aging and over-used infrastructure facilities. Wells Fargo’s report conceeds that that city may be spending $50 million a year too little on infrastructure maintenance.

Some of that problem, as Boas points out in his report, is due to the fact that many city facilities were built 50 or more years ago, and are simply wearing out. But wear and tear has been greatly increased by the huge growth in downtown office space — and thus daytime workplace population — that took place over the previous two decades.

To take just one example: Between 1980 and 1984, City Planning Department figures show, the number of people traveling into the financial district every day increased by more than 10,000. Nearly 2,000 of those people drove cars. In the meantime, of course, the number of riders on the city’s Municipal Railway also increased dramatically. City figures show more than 2,000 new Muni riders took buses and light rail vehicles into the financial district between 1981 and 1984. Again, city officials resist putting a specific cost figure on that increase — however, during that same period, the Muni budget increased by one-third, from $149 million to $201 million. And the amount of General Fund money the city has had to put into the Muni system to make up for operating deficits rose by some 737 — from $59 million to $102 million.

The new buildings, of course, have meant new tax revenues — between 1981 and 1986, the total assessed value of San Francisco property — the city’s tax base — increased 767, from $20.3 billion to $35.8 billion. But the cost of servicing those buildings and their occupants also increased 437, from $1.3 billion to to $1.9 billion. In 1982, San Francisco had a healthy municipal budget surplus of $153 million; by this year, it was down to virtually nothing.

The city’s general obligation bond debt — the money borrowed to pay for capital improvements — has steadily declined over the past five years, largely because the 1978 Jarvis-Gann tax initiative effectively prevented cities from selling general obligation bonds. In 1982, the city owed $220 million; as of July 1st, 1987, the debt was down to $151 million.

However, under a recent change in the Jarvis-Gann law, the city can sell general obligation bonds with the approval of two-thirds of the voters. The first such bond sale — $31 million — was approved in June, and the bonds were sold this month, raising the city’s debt to $182 million. And this November, voters will be asked to approve another $95 million in bonds, bringing the total debt to $277 million, the highest level in five years.

The city’s financial health is still fairly sound; Standard and Poor’s gives San Francisco municipal bonds a AA rating, among the best of any city in the nation. And even with the new bonds, the ratio of general obligation debt to total assessed value — considered a key indicator of health, much as a debt-to-equity ratio is for a business — is improving.

But the city’s fiscal report card is decidedly mixed. For most residents, signs of the city’s declining financial health show up not in numbers on a ledger but in declining services. Buses are more crowded and run less often. Potholes aren’t fixed. On rainy days, raw sewage still empties into the Bay. High housing costs force more people onto the streets — and the overburdened Department of Social Services can’t afford to take care of all of them.

What those signs suggest is that, in its pell-mell rush to become the Manhattan of the West, San Francisco may have poisoned its quality of life — and thus damaged the very economic climate it was ostensibly trying to create.

MAYOR DIANNE FEINSTEIN’S prescription for San Francisco’s economic problems and her blueprint for its future can be summed up in four words: More of the same. Feinstein, like Wells Fargo, PG&E and the Chamber of Commerce, is looking to create jobs and generate city revenues from the top of the economy down. Her program flies in the face of modern economic reality and virtually ignores the changes that have taken place in the city in the past five years.

Feinstein’s most visible economic development priorities have taken her east, to Washington D.C., and west, to Japan and China. In Washington, Feinstein has lobbied hard to convince the Navy to base the battleship USS Missouri in San Francisco. That, she says, will bring millions of federal dollars to the city and create thousands of new jobs.

In Asia, Feinstein has sought to entice major investors and industries to look favorably on San Francisco. She has expressed hope that she will be able to attract several major Japanese companies to set up manufacturing facilities here, thus rebuilding the city’s manufacturing base and creating jobs for blue-collar workers.

Neither, of course, involves building new downtown highrises. But both are entirely consistent with the Pacific Rim strategy — and both will probably do the city a lot more harm than good.

Feinstein’s programs represent an economic theory which has dominated San Francisco policy-making since the end of World War II. In those days, the nation’s economy was based on manufacturing — iron ore from the ground became steel, which became cars, lawn mowers and refrigerators. Raw materials were plentiful and energy was cheap.

By the early 1970s, it was clear that era was coming to a close. Energy was suddenly scarce. Resources were becoming expensive. The economy began to shift gears, looking for ways to make products that used less materials and less energy yet provided the same service to the consumer.

Today, almost everyone has heard of the “information age” — in fact, the term gets used so often that it’s begun to lose its meaning. But it describes a very real phenomenon; Paul Hawken, the author of The Next Economy, calls it “ephemeralization.” What is means is that the U.S. economy is rapidly changing from one based manufacturing goods to one based on processing information and providing services. In the years ahead, the most important raw materials will be ideas; the goal of businesses will be to provide people with useful tools that require the least possible resources to make and the least possible energy to use.

In the information age, large companies will have no need to locate in a central downtown area. The source of new jobs will not be in manufacturing — giant industrial factories will become increasingly automated, or increasingly obsolete. The highways of the nation’s commerce will be telephone lines and microwave satellite communications, not railroads and waterways.

IF SAN FRANCISCO is going to be prepared for the staggering changes the next economy will bring, we might do well to take a lesson from history — to look at how cities have survived major economic changes in the past. Jane Jacobs, the urban economist and historian, suggests some basic criteria.

Cities that have survived and prospered, Jacobs writes, have built economies from the bottom up. They have relied on a large number of small, diverse enterprises, not a few gigantic ones. And they have encouraged business activities that use local resources to replace imports, instead of looking to the outside for capital investment.

A policy that would tie the city’s economic future to the Pentagon and Japanese manufacturing companies is not only out of synch with the future of the city’s economy — it’s out of touch with the present.

In San Francisco today, the only major economic good news comes from the small business sector — from locally owned independent companies with fewer than 20 employees. All of the net new jobs in the city since 1980 have come from such businesses.

Yet, the city’s policy makers — especially the mayor — have consistently denied that fact. As recently as 1985, Feinstein announced that the only reason the city’s economy was “lively and vibrant” was that major downtown corporations were creating 10,000 new jobs a year.

Almost nothing the city has done in the past ten years has been in the interest of small business. In fact, most small business leaders seem to agree that their astounding growth has come largely despite the city’s economic policy, not because of it. That situation shows no signs of changing under the Feinstein administration; the battleship Missouri alone would force the eviction of some 190 thriving small businesses from the Hunters Point shipyard.

San Francisco’s economic problems have not all been the result of city policies. The financial health of the city’s public and private sector is affected by state and federal policies and by national and international economic trends.

Bank of America, for example, is reeling from the inability of Third World countries to repay outstanding loans. Southern Pacific and Crocker National Bank both were victims of takeovers stemming from relaxed federal merger and antitrust policies. In fact, according to Wells Fargo, 21 San Francisco corporations have been bought or merged since 1975. Meanwhile, deep cutbacks in federal and state spending have crippled the city’s ability to repair its infrastructure, improve transit services, build low cost housing and provide other essential services.

To a great extent, those are factors outside the city’s control. They are unpredictable at best — and over the next ten or 20 years, as the nation enters farther into the Information Age, the economic changes with which the city will have to cope will be massive in scale and virtually impossible to predict accurately.

Again, the experiences of the past contain a lesson for the future. On of San Francisco’s main economic weaknesses over the past five years has been its excess reliance on a small number of large corporations in a limited industrial sector — largely finance, insurance and real estate. When those industries took a beating, the shock waves staggered San Francisco.

Meanwhile, the economic good news has come from a different type of business — businesses that were small able to adapt quickly to changes in the economy and numerous and diverse enough that a blow to one industry would not demolish a huge employment base.

But instead of using city policy to encourage that sector of the city’s economy, Feinstein is proposing to bring in more of the type of business that make the city heavily vulnerable to the inevitable economic shocks that will come with the changes of the next 20 years.

THE CANDIDATES who seek to lead the city into the next decade and the next economy will need thoughtful, innovative programs to keep San Francisco from suffering serious economic problems. Those programs should start with a good hard dose of economic reality — a willingness to understand where the city’s strengths and weaknesses are — mixed with a vision for where the city ought to be ten and 20 years down the road.

Thus far, both are largely missing form the mayoral debate.

For years, San Francisco activists and small business leaders have been complaining about the lack of reliable, up-to-date information on the city’s economy and demographics. The environmental impact report on the Downtown Plan — a program adopted in 1985 — was based largely on data collected in 1980. That same data is still used in EIRs prepared by the City Planning Department, and it’s now more than seven years out of date.

In many areas, even seven-year-old data is simply unavailable. Until the Bay Guardian commissioned the Birch studies in 1985 and 1986, the city had no idea where jobs were being created. Until SFRG commissioned the Sedway-Cooke report in 1985, no accurate data existed on the city’s labor pool and the job needs of San Franciscans.

Today, a researcher who wants to know how much of the city’s business tax revenue comes from small business would face a nearly impossible task. That’s just not available. Neither are figures on how much of the city’s residential or commercial property is owned by absentee landlords who live outside the city. If San Francisco were a country, what would its balance of trade be? Do we import more than we export? Without a huge research staff and six months of work, there is no way to answer those questions.

Bruce Lilienthal, chairman of the Mayor’s Small Business Advisory Commission, argues that the city needs to spend whatever money it takes to create a centralized computerized data base — fully accessable to the public — with which such information can be processed and analyzed.

A sound economic policy would combine that sort of information with a clear vision of what sort of city San Francisco could and should become.

What would a progressive, realistic economic development platform look like? We’ve put together a few suggestions that could serve as the outline for candidates who agree with our perspective — and as an agenda for debate for candidates who don’t.

* ADEQUATE AFFORDABLE HOUSING is essential to a healthy city economy, and in the Reagan Era, cities can’t count on federal subsidies to build publicly financed developments. Progressive housing experts around the country agree that, in a city under such intense pressure as San Francisco, building new housing to keep pace with demand will not solve the crisis alone; the city needs to take action to ensure that existing housing is not driven out of the affordable range.

Economist Derek Shearer, a professor at Occidental College in Los Angeles and a former Santa Monica planning commissioner, suggests that municipalities should treat housing as a scarce public resource, and regulate it as a public utility. Rents should be controlled to allow property owners an adequate return on their investment but prevent speculative price-gouging.

Ideally, new housing — and whenever possible, existing housing — should be taken out of the private sector altogether. Traditional government housing projects have had a poor record; a better alternative is to put housing in what is commonly called a land trust.

A land trust is a private, nonprofit corporation that owns property, but allows that property to be used under certain terms and conditions. A housing trust, for example, might allow an individual or family to occupy a home or apartment at a set monthly rate, and to exercise all rights normally vested in a homeowner — except the right to sell for profit. When the occupant voluntarily vacated the property, it would revert back to the trust, and be given to another occupant. The monthly fee would be set so as to retire the cost of building the property over it’s expected life — say, 50 years. Each new occupant would thus not have to pay the interest costs on a new mortgage. That alone, experts say, could cut as much as 707 off the cost of a home or apartment.

* DEVELOPMENT DECISIONS should be made on the basis of community needs. A developer who promises to provide jobs for San Franciscans should first be required to demonstrate that the jobs offered by project will meet the needs of unemployed residents of the city. Development fees and taxes should fully and accurately reflect the additional costs the project places on city services and infrastructure.

Land use and development decisions should also be geared toward meeting the needs of small, locally owned businesses — encouraging new start-ups and aiding the expansion of existing small firms.

* ECONOMIC DEVELOPMENT programs should encourage local firms to use local resources in developing products and services that bring revenue and wealth into the city instead of sending it to outside absentee owners and that encourage economic self-sufficiency.

Cities have a wide variety of options in pursuing this sort of goal. City contracts, for example, should whenever possible favor locally owned firms and firms that employ local residents and use local resources. Instead of just encouraging sculptured towers and flagpoles on buildings, city planning policies should encourage solar panels that decrease energy imports, rooftop gardens that cut down on food imports and utilize recycled materials that otherwise would become part of the city’s garbage problem. (Using recycled materials is by no means a trivial option; if all of the aluminum thrown away each year in San Francisco were recycled, it would produce more usable aluminum than a small-to-medium sized bauxite mine.)

Other cities have found numerous ways to use creative city policies to encourage local enterprise. In Minneapolis-St. Paul, for example an economic development agency asked the U.S. Patent Office for a list of all the patents issued in the past ten years to people with addresses in the Twin Cities area. The agency contacted those people — there were about 20 — and found that all but one had never made commercial use of the patents, largely for lack of resources. With the agency as a limited partner providing venture capital, more than half the patent owners started businesses that were still growing and expanding five years later. Some of those firms had actually outgrown their urban locations and moved to larger facilities out of town — but since the Twin Cities public development agency had provided the venture capital, it remained a limited partner and the public treasury continued to reap benefits from the profits of the businesses that had left town.

* CITY RESOURCES should be used to maximize budget revenues. For example, San Francisco currently owns a major hydroelectric power generating facility at Hetch Hetchy in Yosemite National Park. A federal law still on the books requires San Francisco to use that facility to generate low-cost public power for its citizens; that law, the Raker Act, has been honored only in the breach. That means every year PG&E takes millions of dollars in profits out of San Francisco (the company is based here, but very few of its major stockholders are San Franciscans). The last time we checked, San Francisco was losing $150 million (CHECK) in city revenue by failing to enforce the Raker Act and municipalize its electric utility system.

Meanwhile, PG&E continues to use city streets and public right-of-ways for its transmission cables at a bargain-basement franchise fee passes in 1932 and never seriously challenged. Other highly profitable private entities, like Viacom cable television, use public property for private purposes and pay highly favorable rates for the right.

Those ideas should be the a starting point, not a conclusion for mayoral debates. But thus far, we’ve seen precious little consideration of the issues, much less concrete solutions, from any of the candidates.

The mayor’s race, however, is still very much open, and the candidates are sensitive to public opinion. If the voters let the candidates know that we want to hear their visions of the city’s economic future — and their plans for carrying those visions out — we may see some productive and useful discussions yet.*

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