Mark Leno

Staying on track

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steve@sfbg.com

After weeks of attacks from critics of the high-speed rail system now being built in California — a campaign that even came home to San Francisco City Hall last week, when Sup. Sean Elsbernd challenged Mayor Ed Lee on the issue and called for a hearing — Gov. Jerry Brown and other supporters have stepped up efforts to keep the train from being derailed.

With seed money from a $10 billion bond measure that California voters approved in 2008 and an initial federal grant of $3.3 billion to help build the Central Valley section of the track, the California High Speed Rail Authority is working on construction of a bullet train that would carry riders from San Francisco to downtown Los Angeles in about 2.5 hours, traveling at speeds of up to 220 mph. That project is slated to cost nearly $100 billion, and the next phase would extend service to Sacramento and San Diego.

But Republicans in Congress and the California Legislature began to balk at funding the project last year. Earlier this month, a report by the California High-Speed Peer Review Group recommended that the Legislature indefinitely delay issuing $2.7 billion in rail bonds, citing the uncertainty of future funding sources and problems with the project’s business plan.

“It does not take a rocket scientist to see the future of high-speed rail is in serious doubt,” Elsbernd said at the Jan. 10 Board of Supervisors meeting, where he used the monthly mayoral question time to ask Lee, “What is Plan B with Transbay Terminal if the high-speed rail money does indeed go away? What do we do?”

The Transbay Terminal is now being rebuilt downtown. The first phase includes a $400 million “train box” being built with high-speed rail funds, and the next phase will require billions of dollars more to build train tunnels into the station from the current Caltrain terminus at 4th and King streets.

“I’m committed to seeing the full implementation of high speed rail, which includes having a northern terminus at the Transbay center,” Lee replied, refusing to entertain the idea that the bullet trains won’t be coming into San Francisco, a stand he communicated to state officials in a recent letter. “I want to state my unwavering support for the notion of high-speed rail. It is the future of transportation in this state.”

Lee acknowledged that cost estimates for the project have gone up and there are uncertainties over future funding, but he said the state will need to make the investment either way. “California is growing and those people need to move up and down the state. The question is do we make transportation investments on bigger, wider highways and airport runways? I’d say no, that this perpetuates a car-dependent culture.”

Instead, Lee says the state must find a way to build high-speed rail, whatever the obstacles. But Elsbernd called for a hearing on the issue before the Board of Supervisors, telling the Guardian that he supports the project, “but high-speed rail is in trouble and we need to acknowledge that.”

Meanwhile Gov. Brown — who has rejected calls to delay issuing the rail bonds — was working behind-the-scenes to get the project back on track. Sources say he asked for CHSRA Executive Director Roelof van Ark and CHSRA Board Chair Tom Umberg to resign, which they did at the Jan. 12 meeting, with Brown appointee Dan Richard becoming the new chair.

Richard and fellow new Brown appointee Mike Rossi spearheaded the creation of a proposed new business plan for the project that was unveiled in November. While it addresses some of the criticisms of the project, it raises fresh concerns about whether the bullet trains will arrive in Transbay Terminal.

In fact, it calls for high-speed rail service to end in San Jose, where S.F.-bound riders would have to transfer to Caltrain, largely to placate citizens and politicians on the peninsula who have objected to trains rocketing through their communities and filed lawsuits challenging the project.

“That business plan is unrealistic and unreasonable,” said Quentin Kopp, the former state senator from San Francisco who authored of the original legislation to create high-speed rail and has helped shepherd the project. He said having to transfer twice from S.F. to L.A. would discourage riders and hurt the project.

Kopp isn’t a fan of the Transbay Terminal rebuild, which he derides as “a real estate project” because its funding plan relies on significant private residential and commercial development; he’s called for the trains to stop at the current Caltrain station for financial reasons. But Elsbernd — who also chairs the Peninsula Corridor Joint Powers Authority, which operates Caltrain — wants to ensure the Transbay project is completed and worth the investment.

“I’m terrified that we continue moving along and then we end up with that being just a big, beautiful bus terminal,” he told us.

Adam Alberti, a spokesperson for the TJPA, said California needs to have improved rail service to handle a growing population and the Transbay Terminal is being build to accommodate that, whether it be Amtrak, Caltrain, or high-speed rail trains coming into the station.

“We are steadfast in our belief that it makes sense to have high-speed rail in California,” he said. “When it does happen, we will have the infrastructure already in place to receive it.”

Furthermore, he expects that the CHSRA business plan, which is the subject of a public comment period that ends Jan. 17, will extend the service beyond San Jose. “They’ll lose significant ridership and revenues if they don’t bring it into San Francisco,” Alberti said.

Sen. Mark Leno, who chairs the Senate Budget Committee, also expressed confidence that current efforts to derail high-speed rail won’t be successful.

“What is the alternative if we don’t do this? California will grow by 10-20 million people in the next decade. There’s no way we could build enough freeways and airport expansions to handle that,” Leno told us. “I don’t think we have the option not to make this work.” Leno also said he was pleased to see top political leaders stepping up to defend the project: “I’m impressed by the governor’s steadfastness, as well as President Obama’s stand. Leadership from the top is important, particularly during difficult times like this.”

Alerts

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yael@sfbg.com

 

FRIDAY, JAN 20

Occupy Wall Street West

OccupySF revs back up for a day of nonviolent mass action to connect their protest against Wall Street banks and corporations to foreclosures, evictions, and homelessness here in San Francisco. The day will include teach-ins, marches, rallies, and “many ways to participate without risking arrest!”

Mobilizations at 6 a.m., noon, and 5 p.m., free

101 Market, SF

www.occupywallstwest.org/wordpress

 

SATURDAY 21

Chalk screening

A screening of the landmark Bay Area grassroots/indie film Chalk, which tells the story of competition, family, justice, and a game of pool. The film is a product of the Tenderloin Action Group, which creates “responsive cinema, generated out of the streets from pain and sacrifice, made from sweat, tears, and anguish.” Join producers Ethan Sing and Rand Crook for this screening.

2 p.m., free

Koret Auditorium, San Francisco Public Library main branch

100 Larkin, SF

www.sfpl.org

ggood@sfpl.org

 

 

Rally for Reproductive Justice

This annual rally for a woman’s right to choose started to counter-protest the pro-life Walk for Life march. This year, a rally will be held with speakers Sen. Mark Leno, Sup. David Chiu, and representatives from Slutwalk, Radical Women, and CA NOW. Also featuring a DIY art/activist tent and balloon artists and face paint for kids. Organized by Bay Area Coalition for our Reproductive Rights (BACORR.)

11 a.m., free

Justin Herman Plaza

Embarcadero and Market, SF

www.bacorr.org

 

SUNDAY 22

Remember Harding

The Kenneth Harding Jr. Foundation, in commemoration of the 19-year-old who was killed by San Francisco Police officers on July 16, calls for a protest to demand justice. Harding was unarmed when he exited the T train and was asked by police to show his transfer.

Instead, he ran away and police shot and killed him. Organizers plan to surround Candlestick Park during the NFC championship game to “raise awareness that police in the Bay View/Hunters Point community are killing our kids, violating our rights, and trying to silence us.”

Noon, free

Candlestick Park

602 Jamestown Ave, SF

www.poormagazine.org/node/4238 

Mirkarimi takes the oath

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The room was packed for the inauguration of Sheriff Ross Mirkarimi, and for the most part, the crowd wasn’t talking about what Mirkarimi referred to as the “cloud” hanging over the event. He mentioned the investigation into possible domestic violence only that once, then joked that he’d managed to get a lot of press to his event.


There was music, dancing, former Mayor Art Agnos administering the oath of office, a long, long Mirkarimi speech on criminal justice policy (please, Ross, 15 minutes would have been plenty). Most of Mirkarimi’s progressive colleagues (including supervisors John Avalos, David Campos, Jane Kim, and Eric Mar, state Sen. Mark Leno and Assemblymember Tom Ammiano) were on hand. And the press conference afterward was surprisingly mild.


Mirkarimi was asked what happened the night in question, and he declined to talk about it, saying the criminal justice system would work its way through the process. Then his wife, Eliana Lopez, interrupted, took the mike, and announced that this was a “family matter” and she would have no more to say – except that she has no complaints about her husband.


That was it. No shouted questions as the sheriff walked away, no 1000-watt camera flashes in his eyes, nothing to indicate that this is the gigantic scandal that it’s become in the daily papers.


But Mirkarimi did make one statement that’s worth mentioning: He said that there were forces in the department (I think he meant the Police Department) that didn’t want to see him as sheriff. That’s absolutely true.


Let me make a few points here.


First, for the record: There’s no excuse for assaulting anyone, and there’s less excuse for assaulting your wife. Domestic violence is a serious, under-reported problem, something all too often dismissed by the authorities – with catastrophic results. Women die because batterers are not held to account. I have close friends who have been in abusive relationships, and it’s not pretty and it’s not a joke and it’s not something to take lightly.


That said: I don’t know what happened that night at Mirkarimi’s house. But I do know that the minute the cops were brought in, it became political.


See, the cops, for the most part, are not Mirkarimi fans. He beat their guy, former Police Officers Association president Chris Cunnie, in the race for sheriff. He’s demanded changes in the department (including foot patrols, which a lot of old-timers don’t like). He also beat a sheriff’s captain. He’s a civilian who is going to run a law-enforcement agency as a civilian, which means he’s not part of the Fraternity.


The news reports about the incident were clearly leaked by the SFPD. So, I’m sure, was the search warrant (that’s a public document, but I honestly don’t think the Examiner tracked it down, I think it was delivered to the paper by a source in the department). Nothing wrong with that – cops (and politicians) tip reporters to stories all the time. I’m not blaming the Chron or the Ex for doing the story – it’s news, you have to report it.


And, of course, if the cops had ignored the case or downplayed it, they would have been criticized for covering up an incident involving the new sheriff.


Again: I’m not excusing Mirkarimi’s behavior (alleged behavior — we don’t know what actually happened). But the way the story and the details were leaked reflects the political reality that the cops don’t love the new sheriff, and a lot of them would be thrilled to take him down. That’s just political reality.


Which means Mirkarimi needs to be very, very careful – there are people watching every single move he makes, every day. And they’re not interested in policy debates.


PS: The D.A. and the cops managed to finish this particular investigation in record time. I wonder what’s happened to the investigation into possible vote fraud in the Ed Lee campaign. Months have passed. Nobody is facing any charges. There are no police leaks about anyone involved. Funny, that.

Have we seen the last California execution?

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A judge in Marin has tossed out the current execution protocol, putting all executions in the state on hold — and potentially delaying any more state-sponsored killing until after November, when the voters will have a chance to end the death penalty for good.

So it may be that this gruesome and pointless farce has come to an end. It may be that California is ready to join the civilized world. It may be that the state is ready to save billions (yes, I said billions) of dollars by replacing death with life without parole. Which is effectively what we have now — the number one cause of death on Death Row is old age.

State Sen. Mark Leno noted at the San Francisco Tomorrow holiday party Dec. 14 that life without parole “means exactly that” — since that sentence has been adopted, not one person facing LWOP in California has ever been released. The one exception: People who turned out to be innocent. Fortunately, innocent people serving life sentences can still have a chance.

The Phil Ting for Assembly campaign is under way

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Just a few days after the race for mayor of San Francisco ended, Assessor-Recorder (and mayoral candidate) Phil Ting began his next campaign — for state Assembly.

The Westside district now represented by Fiona Ma opens up in 2012, when Ma will be termed out. And Ting was moving to set himself up as the frontrunner almost as soon as the ink had dried on on the final results from the mayoral election (where he finished a disappointing 11th, behind even Green Party candidate Terry Baum). Philting.com, which had been the official website for Phil Ting for Mayor, has been switched over to Phil Ting for state Assembly. I got an email Dec. 7 inviting me to a reception for his Assembly campaign; several prominent local politicians told me Ting had called even earlier than that to ask for support.

And he’s getting it — both state Sen. Mark Leno and Assemblymember Tom Ammiano are on his already-impressive list of endorsments.

Which is no surprise: The 12th District (which will become the 19th under the new redistricting) is the more conservative side of San Francisco, and by the standards of the state Assembly, Ting would be a pretty solid progressive. He actually understands tax policy, and he’s made a huge issue of removing the commercial property loophole from Prop. 13.

So now comes the interesting part: Who’s going to run against him?

Ting has a relatively cordial relationship with Mayor Ed Lee, and didn’t spend much time in the campaign attacking the appointed incumbent. He’s a former executive director of the Asian Law Caucus, where Lee worked in his early days as a tenant and civil-rights lawyer. There shouldn’t be any reason for the mayor or his pals to try to drum up a candidate to take on Ting … or should there?

Ting is not an enemy of the Willie Brown-Rose Pak folks. But he’s not a loyal ally, either. The most obvious conservative/pro-downtown candidate, one the mayor and his big-business pals could count on, would be Sup. Carmen Chu. I couldn’t get her on the phone, but in the past she’s been only lukewarm about running. The other strong potential candidate would be Sup Sean Elsbernd, but he told me he’s absolutely not running. “I was very interested during my first few years on the Board, but since my son was born, there’s no way I would consider it,” he said. “I am not a candidate and shouldn’t be talked about as a candidate.”

So will we see a “Run, Carmen, Run” campaign? Or will Brown and Pak think about it and realize that giving the mayor an appointment to Ting’s office might be a real advantage? Would they rather control a state Assemblymember — of the county assessor?

Stayed tuned to this one.

 

Mirkarimi likes where it’s going

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At the Carnelian by the Bay behind the Ferry Building, District 5 supervisor Ross Mirkarimi seemed like a guy who didn’t want to speak too soon.

But the cheers and hugs from supporters  — and the smile spreading across his face — reflected polling results so far.Mirkarimi was ahead by 10 points.

“This isn’t over yet,” he said. “But I like where it’s going.”

Sen. Mark leno was more direct, saying, “I think you are the next sheriff of San Francisco.”

The Hangover: Nov. 3-5

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Jounce with us, if you will, through the Guardian staff’s frenzied weekend. Here’s our live reviews, hot raging, random sightings.

**I’m a firm believer in the idea that whenever Atlanta’s Mastodon comes to town, you must go. The last three times I saw the band, however, resulted in nearly identical experiences (with setlists culled largely from 2009 release Crack the Skye; the tour had a special visual component in the form of a trippy video synced to each song). Granted, Mastodon is one of the best live acts today, or in any era, I dare say — no fucking around, no stage banter, just solid rocking from opening notes to “Thank you, good night!” — but the same show three times did get a little tiresome. (That’s what you get for being obsessed.) Fortunately, the band’s set Thurs/3 at the Warfield was an outstanding mix of new songs (from brand-new disc The Hunter, an album stuffed with meaty rockers well-suited for live performance), plus songs from, yes, Skye, but also Remission, Blood Mountain, and personal favorite Leviathan (“Blood and Thunder” was the encore). Portland, Ore. openers Red Fang have their own cult following, very well-deserved. Come back soon and headline, Red Fang! (Cheryl Eddy)

**It’s not every day that you recieve a commendation from the State Senate for hosting a happy hour, but then you don’t work for an alt weekly that’s turning 45 years old all that often either. The Guardian’s 45th anniversary happy hour went off at the Buck Tavern last Thursday, to the tune of $1 Bud Lights (blame Executive Editor Tim Redmond’s atrocious taste in beverages), copious political cameos (including aforementioned appearance by State Senator Mark Leno and a big plaque), and tons of giveaway vibrators courtesy of Good Vibes. The end of the night was a little fuzzy, but I do recall a lot of female Baby Boomers stoked on their new sex toys and some delinquent reporters smoking weed in the beaded curtain room towards the back. Uncalled for. (Caitlin Donohue)

**I had to be pretty stoked on Das Racist to brave the armpit of San Francisco known as Ruby Skye – where the drinks are as overpriced as the staff is hostile – on Friday night. Despite the poor choice of venue, I had a pretty awesome time. In his signature skinny jeans, opener Danny Brown made groupies swoon with some debaucherous selections from his mixtape XXX. Das Racist’s set featured a ridiculous number of cameos, the best of  which was a swagger-drenched re-work of Dr. Dre’s “Xplosive” by Boots Riley of The Coup. A close second was scraggly-haired newcomer Lakutis, who dropped his absurdly catchy track, “Lakutis In The Haus,” and re-appeared for a verse on “Rapping 2 U.” Das Racist’s Himanshu Suri (a.k.a. Heems) strutted the stage playing air guitar and flashing rock star devil horns at the crowd. Though he did a stage dive early on, Victor Vazquez (a.k.a. Kool AD) seemed a little too relaxed. He messed with his phone and remained seated for the majority of the set. I don’t really blame him, though, as the sound issues at Ruby Skye were unrelenting. The sub-par sound accommodations didn’t stop fans from going bonkers over favorites like “Power” and “Michael Jackson.” Check out a full review with photos in Noise Blog later this week. (Frances Capell)

**We all know the story: Some dude records an album in a basement, garners considerable Internet attention, tries to perform live, and totally blows it. Fortunately for the audience at the Rickshaw Stop on Thursday night, Unknown Mortal Orchestra is a bold exception to this emerging parable in modern music. The hazy, cracked psych-pop tunes dreamed up by Unknown Mortal Orchestra’s progenitor Ruban Nielson blossomed and came to life with help from bandmates Jacob Portrait and Julien Ehrlich. See full review here. (Frances Capell) 

**There’s no real way of knowing how much crossover there was between the fans of Dresden Dolls singer-solo artist Amanda Palmer and fiction writer-poet Neil Gaiman before the two married last year. Now though? Well, it would have been amazingly helpful if the seating arrangement at the Palace of Fine Arts Friday night had been his and hers to properly delineate whose fans wear more Victorian-styled coats, Sherlock Holmes hats, video game references, tucked in long-sleeves t-shirts with jeans, early ’90s Jean-Claude Van Damme haircuts, and black. But since that didn’t happen, it was up to the audience to stake their own claims. “We’ve been Amanda fans for quite a while,” one man told the people sitting in front of him, arm draped over his companion. “We’ve been with her longer than he has.” (Ryan Prendiville)

**Despite the awesome spectacle (high kicks, guitar humping) and the resumes (Sleater-Kinney, Helium, the Minders) Wild Flag‘s music stands on its own. The indie rock foursome (don’t call it a supergroup) from Portland, Oreg. and Washington D.C. ripped the Great American Music Hall to shreds on Saturday night, likely Friday night too but I wasn’t there. Jumping on stage without a word and whipping through the first three songs of the set (all off the self-titled debut), the band set the bar high early; the energy between vocalist-guitarist Mary Timony and vocalist-guitarist Carrie Brownstein was instantly electric. The two snaked around one another, in classic sex-soaked rock god movements. Janet Weiss’ complex drumming remained a blissful flurry of pummeling hits. Organist Rebecca Cole added cool retro garage charm. This is a pack of insanely talented musicians, and the crowd fed off their every lick. It was a packed, attentive, ecstatic house.  See the full review here.  

**J-pop and the Ramones; a combination you might not hear anywhere else besides a Shonen Knife show. On Friday night, the Osaka-bred trio of pop punk rockers received audience cheers as we collectively spotted them through the window behind the stage at Bottom of the Hill, making their way down the stairs outside and into the venue. The band played crowd favorites off 2010’s Free Time, including first track “Perfect Freedom” and “Rock Society” off 2006’s Genki Shock. They covered “Redd Kross,” which is Yamano’s favorite band (not the Ramones?). They also highly recommended the burgers at Bottom of the Hill (which: really?) though Shannon Shaw, during the Shannon and the Clams set did mention that on their joint seven-day tour, she’d learned that Shonen Knife “really likes burgers, especially from Wendy’s.” (Emily Savage) 

**The skies opened up just like the forecast said on Saturday, just in time to soak 2011’s last few hours of Hard French at El Rio. The good news: no one was electrocuted (way to weather-protect your 45s, DJs Carnita and Brown Amy) and the party kept going straight on into Sly and the Family Stone’s 1968 hit “Everyday People”. And like, c’mon, as if anyone ever exited the dancefloor of the two-year-old queer soul party dry? (Caitlin Donohue)

On Guard!

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news@sfbg.com

 

VICTORY’S MUDSLINGING

Hit pieces are common in San Francisco politics. So, sadly, are negative mailers funded by outside independent expenditure committees that can raise unlimited money.

But it’s highly unusual for an organization devoted to electing queer candidates to fund an attack on a candidate who is endorsed by both leading LGBT organizations and is, by all accounts, an ally of the community.

That’s what happened last week when the Washington-based Victory Fund — the leading national organization for LGBT political candidates — sent out a bizarre mailer blasting City Attorney Dennis Herrera for taking money from law firms that do business with the city.

The Victory Fund has endorsed former Sup. Bevan Dufty, who is the most prominent LGBT candidate in the mayor’s race. That’s to be expected; it’s what the Victory Fund does.

But why, in a race with 16 candidates, would the fund go after Herrera, who has spent much of the past seven years fighting in court for marriage equality? Why try to knock down a candidate who has the support of both the Harvey Milk Club and the Alice B. Toklas Club?

It’s baffled — and infuriated — longtime queer activist Cleve Jones, who is a Herrera supporter. “I have long respected the Victory Fund,” Jones told us. “But I’ve never seen them do what they did here. And it’s going to undermine the fund’s credibility.”

Jones dashed off an angry letter to the fund’s president, Chuck Wolfe, saying he was “appalled that this scurrilous attack, in the waning days of a mayoral campaign, would go out to the San Francisco electorate under the name of the Victory Fund.

“You really screwed up, Chuck, and I am not alone in my anger.”

We couldn’t get Wolfe on the phone, but the fund’s vice president for communications, Denis Dison, told us that the mailer “is all about fighting for our endorsed candidates.”

So how does it help Dufty, in a ranked-choice election, to attack Herrera? (In fact, given the dynamics of this election, the person it helps most is probably Mayor Ed Lee). Dison couldn’t explain. Nor would he say who at the fund decided to do the attack mailer.

But there are a couple of interesting connections that might help explain what’s going on. For starters, Joyce Newstat, a political consultant who is working for the Dufty campaign, is active in the Victory Fund, sits on the board of the fund’s Leadership Institute, and, according to a March 24 article in the Bay Area Reporter, was among those active in helping Dufty win the Victory Fund endorsement.

But again: Supporting Dufty is one thing. Attacking Herrera is another. Who would want to do that?

Well, if there’s one single constituency in the city that would like to sink Herrera, it’s Pacific Gas and Electric Co. And guess what? PG&E Governmental Affairs Manager Brandon Hernandez chairs the Victory Fund’s Leadership Institute. PG&E’s corporate logo appears on the front page of the fund’s website, and the company gave the Victory Fund more than $50,000 in 2010, according to the fund’s annual report.

Dison insisted that neither Hernadez nor anyone else from PG&E was involved in making the decision to hit Herrera and said the money went to the Leadership Institute, which trains LGBT candidates, not directly to the campaign fund.

Maybe so –- but the folks at the private utility, who are among the top three corporate donors to the Victory Fund, have to be happy. (Tim Redmond)

 

 

HERRERA HIT BACKFIRES

Herrera was also the target of another attack on his LGBT credentials last week, this one by the San Francisco Chronicle, which ran a front page story on Oct. 26 in which anonymous sources said he raised doubts in private City Hall meetings about San Francisco’s decision to issue same-sex marriage licenses in 2004. It was entitled, “Fight turns ugly to win gay votes in mayor’s race.”

Despite trying to couch the hit in passive language, writing that ” a surprise issue has emerged” based on accusations “leveled by several members of former Mayor Gavin Newsom’s administration,” it was clear that it was the Chron that made it an issue, for which the newspaper was denounced by leaders of the LGBT community from across the political spectrum at a rally the next day.

“Those who are saying this now anonymously are as cowardly as Dennis and Gavin were courageous back then,” said Deputy City Attorney Theresa Stewart, the lead attorney who defended San Francisco’s decision in 2004 to unilaterally issue marriage licenses to same-sax couples, in defiance of state and federal law, which eventually led to the legalizing of such unions. “We can’t have our community turn on us for petty political gain.”

“WTF, Chronicle?” was how Assemblymember Tom Ammiano began his speech, going on to lay blame for the attack on surrogates for Mayor Ed Lee. Ammiano also called out the mayor for campaign finance violations by his supporters, for undermining the Healthy San Francisco program that was created by Ammiano’s legislation, and for repeatedly ordering police raids on the OccupySF encampment.

“How about some fucking leadership?!” Ammiano said.

Cleve Jones, an early gay rights leader who marched with Harvey Milk, also denounced Lee and his supporters for cronyism, vote tampering, money laundering, and the “fake grassroots” efforts of the various well-funded independent expenditure campaigns, which he said have fooled the Chronicle.

“To the Chronicle and that reporter — really? — this is what you do two weeks before the election? You should be ashamed of yourself,” Jones said. “How stupid do you think we are?”

Yet Chronicle City Editor Audrey Cooper defended the article. “Clearly, I disagree [with the criticisms],” she told the Guardian. “I personally vetted every one of the sources and I’m confident everything we printed is true.” She also tried to cast the article as something other than a political attack, saying it was about an issue of interest to the LGBT community, but no LGBT leaders have stepped up to defend the paper.

Beyond criticizing the obvious political motivations behind the attack, speakers at the rally called the article bad journalism and said it was simply untrue to suggest that Herrera didn’t strongly support the effort to legalize same-sex marriage from the beginning.

“I can tell you that Dennis never once shrank from this fight. I was there, I know,” Stewart said, calling Herrera “a straight ally who’s devoted his heart and soul to this community.”

Sen. Mark Leno, who introduced the first bill legalizing same-sex marriage to clear the Legislature, emphasized that he isn’t endorsing any candidates for mayor and that he didn’t want to comment on the details of the article’s allegations. But he noted that even within the LGBT community, there were differences of opinion over the right timing and tactics for pushing the issue, and that Herrera has been a leader of the fight for marriage equality since the beginning.

“I am here to speak in defense of the character and integrity of our city attorney, Dennis Herrera,” Leno said, later adding, “I do not appreciate when the battle for our civil rights is used as a political football in the waning days of an election.”

Molly McKay, one of the original plaintiffs in the civil lawsuit that followed San Francisco’s actions, teared up as she described the ups and downs that the case took, working closely with Herrera throughout. “But this is one of the strangest twists I can imagine,” she said of the attack by the Chronicle and its anonymous sources. “It’s ridiculous and despicable.”

Representatives for both the progressive Harvey Milk LGBT Democratic Club and fiscally conservative Alice B. Toklas LGBT Democratic Club also took to the microphone together, both saying they often disagree on issues, but they were each denouncing the attack and have both endorsed Herrera, largely because of his strong advocacy for the LGBT community.

Sup. Scott Wiener called Herrera, “One of the greatest straight allies we’ve every had as a community.”

When Herrera finally took the microphone, he thanked mayoral opponents Joanne Rees and Jeff Adachi for showing up at the event to help denounce the attack and said, “This is bigger than the mayor’s race. It’s bigger than me.”

He criticized those who would trivialize this issue for petty political gain and said, “It was my pleasure and honor to have been a part of this battle from the beginning — from the beginning — and I’ll be there in the end.” (Steven T. Jones)

 

 

BUYING REFORM

UPDATE: THIS ITEM HAS BEEN CHANGED FROM THE PRINT VERSION TO CORRECT INACCURATE INFORMATION DEALING WITH WHETHER PAST INIATIVES CAN BE CHANGED

October yielded tremendous financial contributions from real estate investors and interest groups for Yes on E, feeding fears that the measure will be used to target rent control and development standards in San Francisco.

Sup. Scott Wiener has been the biggest proponent for Prop E since May 2011. He argues that the Board of Supervisors should be able to change or repeal voter-approved ballot measures years after they become law, saying that voters are hampered with too many issues on the ballot. Leaving the complex issues to city officials rather than the voters, makes the most sense of this “common sense measure”, Wiener calls it.

But how democratic is a board that can change laws approved by voters? Calvin Welch, a longtime progressive and housing activist, has his own theory: Wiener is targeting certain landlord and tenant issues that build on the body of laws that began in 1978, when San Francisco voters first started adopting rent control and tenants protection measures. Yet the measure will only allow the board to change initiatives approved after January 2012.

“That is what the agenda is all about — roughly 30 measures that deal with rent control and growth control,” he said. Critics say  the measure will leave progressive reforms vulnerable to a board heavily influence by big-money interests. Although Wiener denies Prop E is an attack on tenants, who make up about two-thirds of San Franciscans, the late financial support for the measure is coming from the same downtown villains that tenant and progressive groups fight just about every election cycle. High-roller donations are coming straight from the housing sector, which would love a second chance after losing at the ballot box.

Contributions to Yes on E include $15,000 from Committee on Jobs Government Reform Fund, $10,000 from Building Owners and Managers Association of SF PAC, another $10,000 from high-tech billionaire Ron Conway, and $2,500 from Shorenstein Realty Services LP. Then — on Oct. 28, after the deadline for final pre-election campaign reporting — the San Francisco Association of Realtors made a late contribution of another $18,772, given through the front group Coalition for Sensible Government.

Prop. E is organized so that the first three years, an initiative cannot be subject to review. However after four years, a two-thirds majority vote by the board could make changes, and after sevens years, a simple majority could do so.

 (Christine Deakers)

LGBT leaders denounce attack on Herrera by the Chronicle

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Leaders of the LGBT community from across the political spectrum yesterday denounced the San Francisco Chronicle and the anonymous sources it relied on to question City Attorney Dennis Herrera’s early support for legalizing same-sex marriage, calling the paper’s front page article a thinly veiled political hit piece designed to hurt Herrera’s mayoral campaign.

That strong showing of support in the LGBT community and the view offered by many that the attack came from supporters of Mayor Ed Lee – including top former Newsom Administration officials, some of whom now work for Lee – could not only mitigate damage from the article but further sully a Lee election effort that is already marred by allegations of vote tampering, money laundering, and deceptive campaign tactics.

“Those who are saying this now anonymously are as cowardly as Dennis and Gavin were courageous back then,” said Deputy City Attorney Theresa Stewart, the lead attorney who defended San Francisco’s decision in 2004 to unilaterally issue marriage licenses to same-sax couples, in defiance of state and federal law, which eventually led to the legalizing of such unions. “We can’t have our community turn on us for petty political gain.”

“WTF, Chronicle?” was how Assemblymember Tom Ammiano began his speech, going on to lay blame for the attack on surrogates for Lee. Ammiano also called out the mayor for campaign finance violations by his supporters, for undermining the Healthy San Francisco program that was created by Ammiano’s legislation, and for repeatedly ordering police raids on the OccupySF encampment.

“How about some fucking leadership?!” Ammiano said.

Cleve Jones, an early gay rights leader who marched with Harvey Milk, also denounced Lee and his supporters for cronyism, vote tampering, money laundering, and the “fake grassroots” efforts of the various well-funded independent expenditure campaigns, which he said have fooled the Chronicle.

“To the Chronicle and that reporters – really? – this is what you do two weeks before the election? You should be ashamed of yourself,” Jones said. “How stupid do you think we are?”

Yet Chronicle City Editor Audrey Cooper defended the article and disputed the political motivations of its sources. “Clearly, I disagree [with the criticisms],” she told the Guardian. “I personally vetted every one of the sources and I’m confident everything we printed is true.”

Beyond criticizing the obvious political motivations behind the attack, speakers at the rally called the article bad journalism and said it was simply untrue to suggest that Herrera didn’t strongly support the effort to legalize same-sex marriage from the beginning.

“I can tell you that Dennis never once shrank from this fight. I was there, I know,” Stewart said, calling Herrera “a straight ally who’s devoted his heart and soul to this community.”

Sen. Mark Leno, who introduced the first bill legalizing same-sex marriage to clear the Legislature, emphasized that he isn’t endorsing any candidates for mayor and that he didn’t want to comment on the details of the article’s allegations. But he noted that even within the LGBT community, there were differences of opinion over the right timing and tactics for pushing the issue, and that Herrera has been a leader of the fight for marriage equality since the beginning.

“I am here to speak in defense of the character and integrity of our city attorney, Dennis Herrera,” Leno said, later adding, “I do not appreciate when the battle for our civil rights is used as a political football in the waning days of an election.”

Ammiano also noted that even if Herrera raised doubts in early meetings, that was entirely appropriate given his role as city attorney. “Even if there are some questions, they’re about helping, not hurting,” he said, expressing disgust at the Newsom Administration officials for turning on someone who was instrumental to defending the decision: “In my day, you valued your friendships.”

Molly McKay, one of the original plaintiffs in the civil lawsuit that followed San Francisco’s actions, teared up as she described the ups and downs that the case took, working closely with Herrera throughout. “But this is one of the strangest twists I can imagine,” she said of the attack by the Chronicle and its anonymous sources. “It’s ridiculous and despicable.”

Representatives for both the progressive Harvey Milk LGBT Democratic Club and fiscally conservative Alice B. Toklas LGBT Democratic Club also took to the microphone together, both saying they often disagree on issues, but they were each denouncing the attack and have both endorsed Herrera, largely because of his strong advocacy for the LGBT community.

Sup. Scott Wiener called Herrera, “One of the greatest straight allies we’ve every had as a community.”

When Herrera finally took the microphone, he thanked mayoral opponents Joanne Rees and Jeff Adachi for showing up at the event to help denounce the attack and said, “This is bigger than the mayor’s race. It’s bigger than me.”

He criticized those who would trivialize this issue for petty political gain and said, “It was my pleasure and honor to have been a part of this battle from the beginning – from the beginning – and I’ll be there in the end.”

The new attack on Herrera

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Well, the salvo coming from the Lee campaign trying to smear Dennis Herrera for not being a strong enough supporter of same-sex marraige shows at least one thing: The race is closer than the polls are reporting.

For the former staffers of Gavin Newsom — and everyone knows who they are, because there weren’t that many people in those meetings — to come forward two weeks before the election with these allegations was a serious political risk. For starters, Herrera is really popular in the LGBT community, and already, much of the city’s queer leadership (including Tom Ammiano, Mark Leno and Scott Wiener) has responded by denouncing the attack. The three, along with Phyllis Lyon and representatives of both major clubs, Harvey and Alice, will be holding a press conference Oct. 27 in the Castro. A letter that went out today under Lyon’s name notes:

A petty smear campaign is underway to personally discredit City Attorney Dennis Herrera over his years of work for marriage equality.  Incredibly, despite all the heroic efforts of Dennis and his office right from the start, anonymous sources have pushed a story in the San Francisco Chronicle that Dennis wasn’t “supportive” of Mayor Newsom’s decision to issue same-sex marriage licenses back in February 2004.  It’s not true.  These politically motivated attackers are hoping we’ll forget the years of hard work Dennis and his deputies invested — and continue to invest even now, in the federal challenge to Prop 8 — for LGBT equality.

So this could easily backfire and wind up focusing attention on all of Herrera’s LGBT support.

It’s also a risk for Lee. Although his name isn’t on any of this, his people are clearly behind it; Newsom (who just endorsed Lee) and his former staffers (some of whom are now Lee’s staffers) wouldn’t have contacted the Chronicle and pushed this story without the knowledge and permission of the mayor and his senior campaign people. Wiener, who is often one of Lee’s allies on the board, is clearly unhappy about the blast at his former boss. Leno, who isn’t involved in the election all, is now going to be pissed at the mayor. And if this winds up looking like a Lee-sponsored political swipe at an LGBT community ally, Lee’s going to lose votes and support.

So why do it? It makes no sense — Lee has tried to appear as the candidate of civility and reason, above the mudslinging fray. He’s trying to act so much like the inevitable winner that he doesn’t even show up for a lot of the debates and forums. There’s no point in dishing this kind of story up — unless the Lee camp has polling data showing the race tightenting and Herrera emerging as a serious challenger.

It’s a pretty basic rule in campaigns: You don’t risk political capital attacking candidates who are no threat to you. So if I were Herrera, I’d be mad — but also encouraged. They’re obviously worried.

Blowback

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caitlin@sfbg.com

HERBWISE A throng of reporter types had gathered in the lobby of the State Building to listen to State Senator Mark Leno and State Assemblymember Tom Ammiano badmouth the feds.

“It is not the purview of the federal government to upset the will of the people,” said Ammiano, to the grunted affirmations of the patients, advocates, and cannabis business owners who had also assembled for the event.

Leno called the recent steps taken against the medicinal cannabis industry — which provides California each year with somewhere between $50 million and $100 million in taxes according to a 2010 estimate by the state’s Board of Equalization — “the exact wrong policy for a deep recession.” And then there’s the patients themselves. The two gay politicians commented that the issue of patient access is especially salient for the LGBT community, given that group’s increased incidence of HIV and AIDS.

Ammiano and Leno announced plans to push for federal regulatory guidelines that would clear up inconsistencies in the way medicinal cannabis works at the state level. As of press time for this article, Ammiano had scheduled another panel to discuss the matter on Tuesday, October 25 where he’ll be joined by marijuana advocates, labor leaders, Steve DeAngelo — founder of Harborside Health Center, which the IRS recently announced owes millions in back taxes because the business cannot legally write off standard expenses — and Matthew Cohen, who was handcuffed for hours along with his wife when the DEA raided his legal Mendocino County grow-op Northside Organics earlier this month. The event is being timed to coincide with President Obama’s visit to San Francisco this week.

When the politicos were done with their spiels, they trotted out Charlie Pappas, the owner of Divinity Tree Patients’ Wellness Cooperative. The landlord of Pappas’ 3,000-member dispensary was served with a cease and desist notice from the DEA that threatened property forfeiture and jail time if he continued to let Divinity Tree operate in his building.

Pappas approached the podium in a wheelchair, a patient himself. As he was introduced, it was noted that here we had one of the little guys, not a tycoon turning millions of dollars of profit as dispensary owners have been portrayed by unsympathetic media and government officials. It’s illegal to turn a profit off of medical marijuana — and who would want to get rich off of sick people anyway?

The controversy over the issue is understandable, but also mind-blowingly hypocritical. You know who turns a profit off of making and distributing medicine? The pharmaceutical industry, to the tune of billions of dollars, in fact. Makes the $1.7 billion national market that constitutes the medical marijuana industry look like shake.

The sound of money talking rendered unsurprising the words of a one Bruce Buckner, who has been a patient “since the laws passed” and who came down from his home in Sonoma County to attend Ammiano and Leno’s press conference. Buckner shared his suspicions about why the federal government turned its eyes to dispensary operations this autumn. Slightly grizzled and wearing a straw hat, Buckner had sat patiently though the event, hooked up to a respirator.

“It’s real obvious why Obama is doing it,” he said. “The pharmaceutical industry is afraid of how potent this medicine is.”

Gee, thanks Kamala

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After ducking the issue for more than a week, Attorney General Kamala Harris has finally weighed in on the feds crackdown on medical marijuana. Just after Assemblymember Tom Ammiano and state Sen. Mark Leno denounced the bizarre move by the U.S. attorneys, Harris issued a weak, lame and overall pointless statement that shows she is unwilling to be a leader on this issue. The statement doesn’t even appear on the front page of her website.

Here’s what she has to say:

Harris said she was worried that “an overly broad federal enforcement campaign will make it more difficult for legitimate patients to access physician-recommended medicine in California.”

She urged federal authorities to make sure their enforcement efforts are focused on significant traffickers of illegal drugs.

Come on, Kamala. This is a blatant effort by the Obama Administration to overrule state law. It’s an attack on an industry that creates jobs, pays taxes and helps sick people. It’s another front in the failed War on (some) Drugs. And you’re the chief law enforcement officer in the state of California, charged by the Constitution to defend state statutes, including Prop. 215. You can do a lot better than this.

Harris should have joined Ammiano and Leno at their press conference. She should have pointed out that the state is trying to regulate dispensaries, but the federal government has made that almost impossible by pulling this kind of shit.

And the most frustrating this is that Harris could actually make a difference here. What, exactly, is she hiding from? Does she think fighting the U.S. attorneys will make her look soft on drugs or crime and hurt her changes to be elected governor? Doesn’t she realize that medical marijuana is really popular with the voters and that the anti-pot crowd is almost gone?

Dumb. Frustrating and dumb.

 

 

Why are Harris, Newsom, and other pols silent on the federal pot crackdown?

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UPDATED BELOW As I worked on this week’s story about the federal crackdown on California’s marijuana industry, I tried to get a statement from California Attorney General Kamala Harris. After all, it’s her job to defend California’s medical marijuana laws, which she was fairly supportive of as our district attorney. And she was an early Barack Obama backer who could probably get him or U.S. Attorney General Eric Holder on the phone to say, “What the hell are you guys doing? Please, for your own sake and California’s, just back off.”

After all, as I reported, this multi-agency federal crackdown could destroy a thriving industry that is pumping billions of dollars into California’s economy and employing tens of thousands of people – at a cost of many millions of dollars in enforcement costs to simply destroy the state’s top cash crop, ruin the lives of people working in the industry, and strain our already overtaxed court and prison systems.

“It’s a policy with no upsides and all downsides,” Steve DeAngelo of Harborside Health Center correctly told me.

But when I finally got Harris’ Press Secretary Lynda Gledhill on the phone, she said Harris had nothing to say on the issue. “Nothing?” I asked, “Really?” What about off-the-record, I asked, how does she feel about it and might she make some statement in the future. Again, nothing to say, no comment.

So I tried Lieutenant Governor Gavin Newsom, another San Franciscan who as mayor helped oversee the creation of the city’s widely lauded system for regulating the dispensaries, which by all accounts has made it a legitimate and thriving member of the business community. Given Newsom’s current obession with job creation and how hungry he’s been for attention, surely he’d have something to say in defense of the good jobs that this sustainable industry has created in California. Again, nothing. I haven’t even gotten a call back yet from his press secretary, Francisco Castillo.

Also, no public statements have been issued by Mayor Ed Lee, David Chiu, or most other mayoral candidates who have put “jobs” at the center of their agendas – or from the SF Chamber of Commerce or other business groups that regularly deride bad government actions as “job killers – despite this move by the Obama Administration to destroy an important industry in California.

The only major politician from San Francisco (SEE UPDATE BELOW) to come out strongly against the federal crackdown was Assemblymember Tom Ammiano, author of measures to legalize and tax marijuana, who put out the following statement: “I am bitterly disappointed in the Obama Administration for this unwarranted and destructive attack on medical marijuana and patients’ rights to medicine.  Today’s announcement by the Department of Justice means that Obama’s medical marijuana policies are worse than Bush and Clinton.  It’s a tragic return to failed policies that will cost the state millions in tax revenue and harm countless lives. 16 states along with the District of Columbia have passed medical marijuana laws – whatever happened to the promises he made on the campaign trail to not prosecute medical marijuana or the 2009 DOJ memo saying that states with medical marijuana laws would not be prosecuted?  Change we can believe in?  Instead we get more of the same.”

But from most of the politicians who claim to support both jobs and the right of patients to access medical marijuana, we also get more of the same. They pander to people’s economic insecurities in order to give corporations and wealthy what they want – tax cuts, deregulation, union-busting, corporate welfare — but aren’t willing to risk any political capital defending the rest of us.

UPDATE (11/13): San Francisco’s other two representatives in the Legislature have also criticized the crackdown.

 

Sen. Leland Yee put out a statement saying: “Medical marijuana dispensaries are helping our economy, creating jobs, and most importantly, providing a necessary service for suffering patients. There are real issues and real problems that the US Attorney’s Office should be focused on rather than using their limited resources to prosecute legitimate businesses or newspapers. Like S-Comm, our law enforcement agencies – both state and local – should not assist in this unnecessary action. Shutting down state-authorized dispensaries will cost California billions of dollars and unfairly harm thousands of lives.”

Sen. Mark Leno, another medical marijuana support, also criticized the move. He told the Los Angeles Times, “”The concern here is that the intimidation factor will directly impact safe and affordable access for patients.” And he told Associated Press, “”I don’t understand the politics of it, and certainly if we haven’t learned anything over the past century, it’s that Prohibition does not work.”

Brown vetoes bicycle buffer zone

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Anyone who has ever ridden a bicycle knows how scary and dangerous it is when cars pass too closely at high speed. So the California Bicycle Coalition made its top legislative priority for the year a bill, SB 910, to require drivers to give bicyclists a three-foot buffer or slow down to 15 mph. And even though the Legislature overwhelmingly approved this reasonable traffic safety measure, Gov. Jerry Brown vetoed it on Friday.

“His veto made no sense. We honestly can’t figure out why he vetoed the bill,” said CBC executive director Dave Snyder, a San Francisco resident who used to run the San Francisco Bicycle Coalition and who founded Transportation for a Livable City (now known as Livable City). “It’s not based on logic or public policy, but just based on politics.”

The California Highway Patrol and California Department of Transportation opposed the measure on the grounds that it could impede the flow of automobile traffic, and Brown cited their stand in his veto message. Indeed, keeping cars moving at high speed has long been the central goal of these agencies, even when it has high economic, environmental, or public safety costs.

But Snyder is right that Brown’s veto message is confusing and contradictory. He expresses support for the three-foot buffer, but expresses concern about slowing traffic to 15 mph, seemingly confused about the meaning of the word “or,” meaning drivers can provide the buffer or slow down to a safe passing speed if they’re unable to give bicyclists that much room.

People who don’t ride bikes tend to forget that automobiles are deadly weapons, and that a bicyclist’s brief swerve to avoid a pothole, broken glass, or other hazard can have disastrous consequences if a car is passing too closely. This veto follows another illogical one – Brown’s rejection of Sen. Mark Leno’s local vehicle license fee bill, which would have pumped $75 million into SF’s coffers and was almost universally supported by this year’s mayoral field – that gave undue deference to automobile owners.

Meanwhile, the San Francisco Police Department recently launched a crackdown on bicyclists in the city, issuing dozens of tickets on Market Street for running stop lights and on Townsend for briefly riding on the sidewalk en route to the Caltrain station – and ignoring the nearby cars parked in bike lanes and running those same red lights.

Now, before we get to the commenters’ tirade about scofflaws on bicycles – which come every time we write about bikes – let me note that people break the law on every form of transportation, everyday. Motorists speed, run stop signs and lights, and illegally edge past pedestrians (who themselves jaywalk with great regularity). And every Muni bus has several riders who haven’t paid. None of us are angels, so try not to get too worked up into a sanctimonious rage.

But if you want to truly understand why bicyclists can often be so flagrant in our disregard for the law, consider that we’re using a transportation system and abiding traffic laws that weren’t designed for us. Seriously, just ride a bike and you’ll quickly understand. We don’t need to stop at every stop sign or signal light to have a safe, smooth-flowing transportation system that doesn’t steal the right-of-way from drivers, who we can usually see and hear coming with plenty of time to stop. Idaho and other jurisdictions actually treat bikes differently than cars in this realm, with laws that don’t require cyclists to lose momentum by repeatedly coming to complete stops, and it works well.

The fact is, the bike buffer bill is the very minimum that we need to encourage cycling as a safe and appealing transportation option to more people, which would only help our environment, public health, and dependence on fossil fuels. And the fact that it was vetoed for petty, illogical reasons is incredibly frustrating.

Yet there may be a silver lining to this. Snyder said the CBC, which is just beginning to increase its reach and influence and to prepare a more ambitious agenda on behalf of California cyclists, will use this defeat as a launching pad for future efforts.

“The main benefit of the three-foot bill was the community organizing that we did to get is passed. So now we can leverage that for our next steps,” Snyder said. “California needs a lot more than a three-foot buffer to give people more safe transportation choices.”

Jerry Brown has lost his mind

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He’s all for “realignment” — giving counties more responsibility for public services. He’s all for environmental initiatives that decrease the state’s reliance on fossil fuels. But when a measure comes along that does both — at no harm to anyone in Sacramento, and has the support of just about everyone in San Francisco from the Chamber of Commerce to the Labor Council — he vetoes it.

Brown just announced that he won’t sign Sen. Mark Leno’s SB 223, which would have allowed San Francisco to bring in as much as $75 million a year in new revenue by raising license fees on cars.

Let’s look at this for a moment. New revenue to handle increased state mandates — without Brown having to raise anyone’s taxes. Local control (San Franciscans would have to vote to tax themselves on car use.) A rejection of his Republican predecessor’s unliateral decimation of the state budget. And someting that discourages car use in the process.

A winner on every account. A perfect piece of Jerry Brown legislation that fits in precisely with everything he’s been talking about as governor.

And yet, he vetoes the bil, issuing a ridculous statement calling Leno’s bill “piecemeal” and asking for “a broader revenue solution to the state’s fiscal crisis” — something he knows the Republicans won’t allow and thus will not happen any time soon.

I dunno. Looks to me like Jerry’s gone off the deep end.

Will Brown sign Leno’s VLF bill?

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We’re still waiting. A bill that could bring San Francisco another $75 million a year — just by restoring the vehicle license fee that people in this city paid before Arnold Schwarzenegger gutted it — is still sitting on Gov. Jerry Brown’s desk. And we have no idea what action he’s going to take on Sen. Mark Leno’s SB 223.

The good news is that he has already signed one bill that grants local governments in the East Bay to raise sales taxes with a vote of the people. So he’s clearly open to the idea. Leno told us he remains hopeful. “We’ve been working on this for eight years,” he told me. “And there’s never been a time when local government needs it more.”

Mayor Ed Lee has voiced his support; so has the Board of Supervisors. The SF Chamber of Commerce and the Labor Council are on board. “You can’t get much more broad-based support than we have in San Francisco,” Leno said.

There’s a form to email the governor here.

The real Leland Yee

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tredmond@sfbg.com

It’s early January 2011, and the Four Seas restaurant at Grant and Clay is packed. Everyone who is anyone in Chinatown is there — and for good reason. In a few days, the Board of Supervisors is expected to appoint the city’s first Asian mayor.

The rally is billed as a statement of support for Ed Lee, the mild-mannered bureaucrat and reluctant mayoral hopeful. But that’s not the entire — or even, perhaps, the central — agenda.

Rose Pak, who describes herself as a consultant to the Chinese Chamber of Commerce but who is more widely known as a Chinatown powerbroker, is the host of the event. She stands in front of the room, takes the microphone, and, in Cantonese, delivers a remarkable political speech.

According to people in the audience, she says, in essence, that the community has come out to celebrate and support Ed Lee — but that’s just the start. She also urges them not just to promote their candidate — but to do everything possible to prevent Leland Yee from becoming mayor.

She continues on for several minutes, lambasting Yee, the state Senator who lived in Chinatown as a child, accusing him of about every possible political sin — and turning the Lee rally into an anti-Yee crusade. And nobody in the crowd seems terribly surprised.

Across Chinatown, from the liberal nonprofits to the conservative Chamber of Commerce, there’s a palpable fear and distrust of the man who for years has been among San Francisco’s most prominent Asian politicians — and who, had Lee not changed his mind and decided to run for a full term this fall, was the odds-on favorite to become the city’s first elected Chinese mayor.

The reasons for that fear are complex and say a lot about the changing politics of Asian San Francisco, the power structure of a city where an old political machine is making a bold bid to recover its lucrative clout — and about the career of Yee himself.

Senator Leland Yee is a political puzzle. He’s a Chinese immigrant who has built a political base almost entirely outside of the traditional Chinatown community. He’s a politician who once represented a deeply conservative district, opposed tenant protections, voted against transgender health benefits and sided with Pacific Gas and Electric Co. on key environmental issues — and now has the support of some of the most progressive organizations in the city. He’s taken large sums of campaign money from some of the worst polluters in California, but gets high marks from the Sierra Club.

His roots are as a fiscal conservative — yet he’s been the only Democrat in Sacramento to reject budget compromises on the grounds that they required too many spending cuts.

He’s grown, changed, and developed his positions over time. Or he’s become an expert at political pandering, telling every group exactly what it wants to hear. He’s the best chance progressives have of keeping the corrupt old political machine out of City Hall — or he’s a chameleon who will be a nightmare for progressive San Francisco.

Or maybe he’s a little bit of all of that.

 

Leland Yin Yee was born in Taishan, a city in China’s Guangdong province on the South China Sea. The year was 1948; Mao Zedong’s Communist Party of China had taken control of much of the countryside and was moving rapidly to take the major cities. The nationalist army of General Chiang Kai-Shek was falling apart, and Yee’s father, who owned a store, decided it was time for the family to leave.

The Yees made it to Hong Kong, and since Mee G. Yee had previously lived in the United States and served in the U.S. Army during World War II, he was ultimately able to move the family to San Francisco. In 1951, the three-year-old Leland Yee arrived in Chinatown.

For four years, Yee lived with his sister and mother in a one-room apartment with a shared bathroom while his father worked as a sailor in the merchant marine. It was, Yee recalled in a recent interview, a tight, closed, and largely self-sufficient community.

“The movie theater, the shoe store, the barber shop, food — everything you needed you could get in Chinatown,” Yee said. “You never had to leave.”

Of course, after a while, Yee and his mom started to venture out, down Stockton Street to Market, where they’d shop at the Emporium, the venerable department store. “It was like walking into a different country,” he said. “If you didn’t know English, they didn’t have time for you.”

Yee, like a lot of young Chinese immigrants of his era, put much of his time into his studies — in the San Francisco public schools and in a local Chinese school. “My mom spoke a village dialect, and we had to learn Cantonese,” he said. “Every little kid had to go to Chinese school. We hated it.”

When Yee was eight, his parents managed to buy a four-unit building on Dolores Street, and the family moved to the Mission, where he would spend not only the rest of his childhood but much of his early adult life. He graduated from Mission High School, enrolled in City College, studied psychology and after two years won admission to UC Berkeley.

Berkeley in 1968 was a very different world from Chinatown and even the relatively controlled environment he’d experienced at home in the Mission. “You didn’t protest in school. You’d have been sent home, and your mother would kill you,” he said.

At Berekely, all hell was breaking loose, with the antiwar protests, the People’s Park demonstrations, the campaign to create a Third World College (which led to the first Ethnic Studies Department), and a general attitude of mistrust for authority. “I developed a sense of activism,” Yee said. “I realized I could speak out.”

That spirit quickly vanished when Yee lost faith in some of his fellow activists. “People would work with us, then get into positions of power and use that against you,” he recalled. “A lot of my friends said ‘forget it.’ I left the scene.”

Yee once again devoted his energy to school, earning a masters at San Francisco State University and a Ph.D in child psychology from the University of Hawaii. Along the way, he met his wife, Maxine.

With his new degree, the Yees moved back to San Francisco — and back in with his parents at the Dolores property, where he, Maxine and a family that would grow to four kids would live for more than a decade.

 

Yee worked as a child psychologist for the San Francisco Department of Public Health, starting the city’s first high school mental-health clinic. He went on to become a child psychologist at the Oakland Unified School District, then joined a nonprofit mental health program in San Jose.

In 1986, Yee decided to get active in politics for the first time since college, and ran for the San Francisco School Board. He lost — and that would be the only election he would ever lose. In 1988, he won a seat, and established himself as an advocate for students of color, fighting school closures in minority neighborhoods. He also tried to get the district to modify its harsh disciplinary rules, arguing against mandatory expulsions.

On fiscal issues, though, Yee was a conservative. For his first term, despite the brutal cutbacks of the recession of the late 1980s and early 1990s, he insisted that the district make do with the money it had. His solution to the red ink: Cut waste. Only in 1992, when he was up for re-election, did he acknowledge that the district needed more cash; at that point, he supported a statewide initiative to tax the rich to bring money to the schools.

The sense of fiscal conservatism — of holding the line on taxes, but mandating open and fair contracting procedures and tight financial controls — was a hallmark of much of his political career. When the Guardian endorsed him for re-election to the board in 1992, we wrote that “there’s real value in his continuing vigilance against administrative fat and favoritism in contracts.”

Over the next four years, Yee worked with then-Superintendent Waldemar “Bill” Rojas, a deeply polarizing figure who pushed his own personal theory of “reconstitution” — firing all the staff at low-performing schools — and later was enmeshed in a scandal that led to prison time for a contractor he’d hired. Yee told me he was the only board member to vote against hiring Rojas, but people who were watching the board closely back then say he didn’t always stand up to the superintendent.

He also became what some say was a bit too close with Tim Tronson, a consultant hired by the district as a $1,000-a-day facilities consultant. Tronson wound up getting indicted on 22 counts of grand theft, embezzlement, and conspiracy in a scheme to steal $850,000 from the schools, and was sentenced to four years in state prison.

In 1998, when some school board members wanted to build housing for teachers on property that the district owned in the Sunset, Yee led the opposition — with Tronson’s help. At one meeting at Sunset Elementary School, Yee went so far as to say, according to people present, that “Tim Tronson is my man, and I rely on him for advice.”

Yee acknowledged that he worked closely with Tronson to defeat that housing project. “He was the facilities manager,” Yee explained, “and I said that I trusted his judgment.”

 

Yee has either a great sense of political timing or exceptional luck. He ran for the Board of Supervisors in 1996, facing one of the weakest fields in modern San Francisco history. He was the only Chinese candidate and one of just two Asians (the other, appointed incumbent Michael Yaki, barely squeaked to re-election). In an at at-large election with the top five winning seats, Yee came in third, with 103,000 votes.

He was never a progressive supervisor. In 2000, the Guardian ranked the good votes of what we referred to as Willie Brown’s Board, and Yee scored only 43 percent. He was against campaign finance reform. He supported the brutal gentrification and community displacement represented by the Bryant Square development. He voted to kill a public-power feasibility study and opposed the Municipal Utility District initiative. He opposed a moratorium on uncontrolled live-work development.

In 2002, Yee was one of only three supervisors to oppose Proposition D, a crucial public-power measure that would have broken up PG&E’s monopoly in the city. He stood with PG&E (and then-Sups. Tony Hall and Gavin Newsom) in opposition to the measure, then signed a pro-PG&E ballot argument packed with PG&E lies.

When I asked him about that stand, Yee at first didn’t recall opposing Prop. D, but then said he “stood with labor” on the issue. In fact, the progressive unions didn’t oppose Prop. D at all; the opposition was led by PG&E’s house union, IBEW Local 1245.

Yee was particularly bad on tenant issues. He not only voted to deny city funding for the Eviction Defense Collaborative, which helped low-income tenants fight evictions; he actually tried to get the city to put up money for a free legal fund to help landlords evict their tenants. He opposed a ballot measure limiting condo conversions. He opposed a measure to limit the ability of landlords to pass improvement costs on to their tenants.

In 2001, Yee voted to uphold a Willie Brown veto of legislation to limit tenancies in common, a backdoor way to get around the city’s condo conversion ordinance. Only Hall and Newsom, then the most conservative supervisors on the board, joined Yee. At one point, he started asking whether the city should consider repealing rent control.

He opposed an affordable housing bond in 2002, joining the big landlord groups in arguing that it would raise property taxes. Every tenant group in town supported the measure, Proposition B; every landlord group opposed it.

I asked Yee about his tenant record, and he told me that he now supports rent control. But he said that he was always on the side of homeowners and small landlords, and that property ownership was central to Chinese culture. “I was responding to the Chinese community and the West Side,” he said.

He wasn’t much of an environmentalist, either — at least not in today’s terms. He was one of the only city officials to support a “Critical Car” rally in 1999, aimed at promoting the rights of vehicle drivers (and by implication, criticizing Critical Mass and the bicycle movement).

His record on LGBT issues was mixed. While he supported a counseling program for queer youth when he was on the school board, he also supported JROTC, angering queer leaders who didn’t want a program in the public schools run by, and used as a recruiting tool for, the military, which at that point open discriminated against gay and lesbian people.

 

 

Yee was also one of only two supervisors who voted in 2001 against extending city health benefits to transgender employees.

That was a dramatic moment in local politics. Nine votes were needed to pass the measure, and while eight of the supervisors were in favor, Yee and Hall balked. At one point, Board President Tom Ammiano had to direct the Sheriff’s Office to go roust Sup. Gerardo Sandoval, who was ducking the issue in his office, to provide the crucial ninth vote.

Yee didn’t just vote against the bill. According to one reliable source who was there at the time, Yee spoke to a community meeting out on Ulloa Street in the Sunset and berated his colleagues, quipping that the city should have better things to do than “spend taxpayer money on sex-change operations.”

It was a bit shocking to trans people — Yee had, over the years, befriended some of the most marginalized members of what was already a marginalized community. “There was one person at the rail crying, saying ‘Leland, how could you do this to us,'” Ammiano recalled.

The LGBT community was furious with Yee. “I didn’t speak to him for at least a year,” Gabriel Haaland, one of the city’s most prominent transgender activists, told me.

Yee now says the vote was a mistake — but at the time, he told me, he was under immense pressure. When he voted for the queer youth program, he said, “the elders of the Chinese community ripped me apart. They called my mother’s friends back in the village [where he was born] and said her son was embarrassing the Chinese community.”

That must have been difficult — and he said that “if I had known the pain I had caused, I wouldn’t have voted that way.” But it was hard to miss that pain his vote caused.

On the other hand, people learn from their experiences, attitudes evolve, we all grow up and get smarter, and the way Yee describes it, that’s what happened to him.

In 2006, when he was running for state Senate, Yee met with a group of trans leaders and formally — many now say sincerely — apologized. It was an important gesture that made a lot of his critics feel better about him.

“He didn’t have to do that,” Haaland said. “People change, and he paid for his crime, and that’s genuine enough for me.”

As a former school board member, Yee kept an interest in the schools — but not always a healthy one. At one point, he actually proposed splitting SFUSD into two districts, one on the (poorer) east side of town and one on the (richer) west. “We strongly opposed that,” recalled Margaret Brodkin, who at the time ran Coleman Advocates for Children and Youth. “Eventually he dropped the idea.”

For all the problems, in his time on the Board of Supervisors, Yee developed a reputation for independence from the Brown Machine, which utterly dominated much of city politics in the late 1990s. His weak 43 percent rating on the Guardian scorecard was actually third-best among the supervisors, after Ammiano and the late Sue Bierman.

In 1998, he was one of the leaders in a battle to prevent the owners of Sutro Tower from defying the city’s zoning administrator and placing hundreds of new antennas on Sutro Tower. He, Bierman, and Ammiano were the only supervisors opposing Brown’s crackdown on homeless people in Union Square.

When he ran in the first district elections, in 2000, against two opponents who had Brown’s support and big downtown money, the Guardian endorsed him, noting that while he “can’t be counted on to support worthy legislation … He’s one of only two board members who regularly buck the mayor on the big issues.”

(He never liked district elections, and used to take any opportunity to denounce the system, at times forcing Ammiano to use his position as president to tell Yee to quit dissing the electoral process and get to the point of his speech.)

 

In 2002, the westside state Assembly district seat opened up, and both Yee and his former school board colleague Dan Kelly ran in the Democratic primary. Yee won, and went on to win the general election with only token opposition.

His legislative record in the Assembly wasn’t terribly distinguished. Yee never chaired a policy committee — although he did win a leadership post as speaker pro tem. And he cast some surprisingly bad votes.

In 2003, for example, then-Assemblymember Mark Leno introduced a bill that would have exempted single-room occupancy hotels from the Ellis Act, which allows landlords to evict tenants for no reason. Yee refused to vote for the bill. Leno was furious — he was one vote short of a majority and Yee’s position would have doomed the bill. At the last minute, a conservative Republican who had grown up in an SRO hotel voted in favor.

When he ran for re-election in 2004, we noted: “What’s Leland Yee doing up in Sacramento? We can’t figure it out — and neither, as far as we can tell, can his colleagues or constituents. He’s introduced almost no significant bills — compared, for example, to Assemblymember Mark Leno’s record, Yee’s is an embarrassment. The only high-profile thing he’s done in the past several years is introduce a bill to urge state and local governments to allow feng shui principles in building codes.”

In 2006, Yee decided to move up to the state Senate, and he won handily, beating a weak opponent (San Mateo County Supervisor and former San Francisco cop Mike Nevin) by almost 2-1. His productivity increased significantly in the upper chamber — and in some ways, he moved to the left. He’s begun to support taxes — particularly, an oil severance tax — and when I’ve questioned him, he somewhat grudgingly admits that Prop. 13 deserves review.

He’s done some awful stuff, like trying to sell off the Cow Palace land to private developers. But he has consistently been one of the best voices in the Legislature on open government, and that’s brought him some national attention.

Yee has been a harsh critic of spending practices and secrecy at the University of California, and when UC Stanislaus refused in 2010 to release the documents that would show how much the school was paying Sarah Palin to speak at a fundraiser, Leland flew into action. He not only blasted the university and introduced legislation to force university foundations to abide by sunshine laws; he worked with two Stanislaus students who had found the contract in a dumpster and made headlines all over the country.

He’s fought for student free speech rights and this year pushed a bill mandating that corporations that get tax breaks for job creation prove that they’ve actually created jobs — or pay the tax money back. He’s also won immense plaudits from youth advocates and criminal justice reformers for his bill that would end life-without-parole sentences for offenders under 18.

Along the way, he compiled a 100 percent voting record from the major labor unions, including the California Nurses Association and SEIU, and with the Sierra Club. All three organizations have endorsed him for mayor.

Yee told me that he thinks he’s become more progressive over the years. “My philosophy has shifted,” he said.

Yet when you talk to his colleagues in Sacramento, including Democrats, they aren’t always happy with him. Yee has a tendency to be a bit of a loner — he’s never chaired a policy committee and in some of the most bitter budget fights, he’s refused to go along with the Democratic majority. Yee insists that he’s taken principled stands, declining to vote for budget bills that include deep service cuts. But the reality in Sacramento is that budget bills have until this year required a two-thirds vote, meaning two or three Republicans have had to accept the deal — and losing a Democratic vote has its cost.

“You have to give up all sorts of things, make terrible compromises, to get even two Republicans,” one legislative insider told me. “When a Democrat goes south, you have to find another Republican, and give up even more.”

In other words: It’s easy to take a principled stand, and make a lot of liberal constituencies happy, when you aren’t really trying to make the state budget work.

 

I met Rose Pak on a July afternoon at the Chinatown Hilton. She brought along her own loose tea, in a paper package; the waitress, who clearly knew the drill, took it back to the kitchen to brew. Pak and I have not been on the greatest of terms; she’s called the Guardian all kinds of names, and I’ve had my share of critical things to say about her. But on this day, she was polite and even at times charming.

After we got the niceties out of the way (she told me I was unfair to her, and I told her I didn’t like the way she and Willie Brown played politics), we started talking about Yee. And Pak (unlike some people I interviewed for this story) was happy to speak on the record.

She told me Yee had “no moral character.” She told me she couldn’t trust him. She told me a lot of stories and made a lot of allegations that we both knew neither she nor I could ever prove.

Then we got to talking about the politics of Chinatown and Asians in San Francisco, and a lot of the animosity toward Yee became more clear.

For decades, Chinatown and the institutions and people who live and work there have been the political center of the Chinese community. Nonprofits like the Chinatown Community Development Center have trained several generations of community organizers and leaders. The Chinese Chamber of Commerce, the Six Companies, and other business groups have represented the interests of Chinese merchants. And while the various players don’t always get along, there’s a sense of shared political culture.

“In Chinatown,” Gordon Chin, CCDC’s director, likes to say, “it’s all about personal connections.”

There’s a lively infrastructure of community-service programs, some of which get city money. There’s also a sense that any mayor or supervisor who wants to work with the Chinese community needs to at least touch base with the Chinatown establishment.

Yee doesn’t do that. “He doesn’t give a shit about them,” David Looman, a political consultant who has worked with many Chinese candidates over the years, told me.

Yee’s Asian political base is outside of Chinatown; he told me he sees himself representing more of the Chinese population of the Sunset and Richmond and the growing Asian community in Visitacion Valley and Bayview.

Pak is connected closely to Brown, who Yee often clashed with. For Pak, Brown, and their allies, strong connections to City Hall mean lucrative lobbying deals and public attention to the needs of Chinatown businesses. Then there’s the nonprofit sector.

CCDC and other nonprofits do important, sometimes crucial work, building and maintaining affordable housing, taking care of seniors, fighting for workers rights, and protecting the community safety net. Yee, Pak said, “has never shown any interest in our local nonprofits. We all work together here, and he doesn’t seem to care what we do.” Yee told me he has no desire to see funding cut for any critical social services in any part of town. But he has also made no secret of the fact that he questions the current model of delivering city services through a large network of nonprofits, some of which get millions of taxpayer dollars. And the way Pak sees it, all of that — the nonprofits, the business benefits, the contracts — are all at risk. “If Leland Yee is elected mayor,” she told me, “we are all dead.”

I ran into an old San Francisco political figure the other day, a man who has been around since the 1970s, inside and outside of City Hall, who remains an astute observer of the players and the power relationships in the local scene. At the time we talked, he wasn’t supporting any of the mayoral candidates, but he had a thought for me. “This town,” he said, “is being taken over by a syndicate. Willie Brown is the CEO, and Rose Pak is the COO, and it’s all about money and influence.”

That’s not a pleasant thought — I’ve lived through the era of political machine dominance in this town, and it was awful. In the days when Brown ran San Francisco, politics was a tightly controlled operation; only a small number of people managed to get elected to office without the support of the machine. Developers made land-use policy; gentrification and displacement were rampant; corruption at City Hall turned a lot of San Franciscans off, not only to the political process but to the whole notion that government could be a positive force in society.

A few years ago, I thought those days were over — and to a certain extent, district elections will always make machine politics more difficult. But when I see signs of the syndicate popping up — and I see a candidate like Ed Lee, who’s close friends with Brown, leading the Mayor’s Race — it makes me nervous. And for all his obvious flaws, at least Leland Yee isn’t part of that particular operation. If there’s a better reason to vote for him, I don’t know what it is.

YEE HOME PURCHASE RAISES SUSPICIONS

Rose Pak has a question about Leland Yee. “How,” she asked me, “did the guy manage to buy a million-dollar house on a $30,000 City Hall salary?”

Pak isn’t the only one asking — numerous media reports over the years have examined how Yee raised a family of four and bought a house in the Sunset on very little visible income. And while I’m not usually that interested in the personal finances of political candidates, I decided that it was worth a look.

Here’s what I found: Public records show that in July 1999, Yee and his wife, Maxine, purchased a house on 24th Avenue for $875,000 (it’s now assessed at slightly more than $1 million). At the time, Yee was a San Francisco supervisor, earning a little more than $30,000 a year. (The salary of the supervisors was raised dramatically shortly after Yee left the board and went to the state Assembly.) His wife wasn’t working. And his economic interest statements for that period show no other outside earnings. So the disposable, after-tax income of the entire Yee family couldn’t have been much more than $25,000.

That, by any normal standard, shouldn’t have been enough to float a mortgage that, records show, totaled $516,000. In fact, the interest payments alone on that mortgage alone would total $3,600 a month — more than Yee’s gross income.

Documents in the Assessor’s Office show another paper trail, too. In 1989, Jung H. Lee, Yee’s mother, transferred the deed on a four-unit Dolores St. building where the family had been living to Maxine and Leland Yee — for no money. And a few months before the Yees bought the Sunset house, they took out a $320,000 home-equity loan on that property. That was the down payment on the Sunset property.

Still: At that point, the Yees would have been paying off two mortgages, with a total nut of about $5,000 a month — and supporting four kids, in San Francisco. In 2002, Yee’s economic interest statement’s show some modest income from teaching at Lincoln University — but nowhere near enough to pay that level of expenses.

What happened? Yee explains it this way: “For more than 10 years, we were living rent-free in my parents’ property,” he told me I an interview. “We were a close Chinese family, and my parents provided the food and helped pay for the children’s clothing. So we had almost no expenses and we lived very frugally.”

During that period, Yee was working for the San Francisco Department of Public Health, the Oakland Unified School District, and a San Jose nonprofit, earning, he said, between $50,000 and $90,000 a year. If he saved almost all of that money, he would have had more than a half-million dollars in the bank when he bought the Sunset house.

There’s nothing on any of his economic disclosure forms showing any ownership of stocks or other reportable financial interests during that period, so he wasn’t investing the money. In fact, he says, it was, and is, all in simple savings accounts. A bit unusual for that large a sum of money.

How did he get a mortgage? “Back then,” he said, “banks were willing to lend a lot more freely than they do today.”

Starting in 2003, Yee was in the state Assembly, making a higher salary — but still not much in excess of $100,000 a year. After taxes, he was probably taking home about $75,000 — and $60,000 was going to the two mortgages.

How did he do it? “We have been supplementing our income with our savings,” he said. “We don’t take vacations, we are very careful with our money.” And they clearly aren’t desperate for cash — Yee’s daughter occupies two of the four units in the Dolores St. building they own, but the other two units are vacant.

It’s possible. It’s plausible. But I don’t blame people for wondering how he managed to pull it off. (Tim Redmond, with research assistance by Oona Robertson) 

 

 

 

BIG CORPORATIONS HAVE BACKED YEE

Yee became a prodigious fundraiser in Sacramento — and a lot of the money came from big corporations that had business in the Legislature. And while he has perfect scores from the Sierra Club and the big labor unions, he’s taken tens of thousands of dollars from some of the biggest corporations, agribusiness interests, and polluters in the state. And at times, he’s voted their way.

Since 1993, for example, campaign finance records show Yee has taken more than $20,000 from Chevron, ExxonMobil, Valero, Conoco Phillips, and BP. He’s received another $22,450 from the chemical industry (and industry employees). Most of it came from Clorox, Dow Chemical, and Dupont.

And while the Sierra Club may not have considered it a priority, Sen. Mark Leno has worked hard to pass a bill limiting chemical fire retardants in furniture. In 2008, Yee voted against Leno’s AB 706.

That year he also refused to support a bill that would prohibit the use of the chemical diacetyl in workplaces. The industries that opposed AB 514 (including Bayer, Abbott Laboratories, Pfizer, and Johnson & Johnson) have given Yee a total of more than $60,000.

In 2003, Yee voted against a crucial tenant bill, one that would have prevented the owners of single room occupancy hotels from using the Ellis Act to evict tenants. He received a campaign check for $2,500 from the San Francisco Apartment Association the next day. Landlords in general have given Yee close to $40,000.

Then there’s agribusiness. Yee gets a lot of money from the farming industry, despite the fact that there obviously aren’t many farms in his district. Why, for example, would the California Poultry Association, the California Cattlemen’s Association, and the California Farm Bureau give him money? The Poultry Association’s Bill Mattos told us that Yee “has taken a keen interest in California’s poultry industry.”

Yee also took immense flak from the San Francisco Chronicle and other papers over a 2003 vote against a bill to limit emissions from farm vehicles. In an editorial, the paper wrote that he was “doing dirty work for the lobbyists.” In the end, under immense public pressure, he switched positions and voted for the bill. I asked Yee about all that money from all those bad operators, and he told me — as most politicians will — that campaign cash has never influenced any of his votes.

So why do all these groups give him money? “It’s about whether you will sit down and listen,” Yee said. “I will talk to all sides and at least consider the arguments as a thoughtful human being. Then I vote my conscience.” (Tim Redmond, with research by Oona Robertson) 

Don’t search my cell phone

7

Privacy and civil-liberties activists are thrilled by state Sen. Mark Leno’s bill the prevents the cops from searching cell phones without a warrant. And the bill makes perfect sense — if I get stopped and arrested and have a laptop computer in my backpack, the police can’t turn it on and start reading my email without a warrant. But right now, they can freely scroll through the same information on my cell phone.


But one of the more interesting things this bill would do is protect reporters.


Think about it: When I’m out covering a demonstration, I’m not only getting tips from sources (possibly confidential sources) about what’s going on, I’m probably writing dispatches for this website — and it’s pretty well established in law that the police can’t force me to give up sources or to show them unpublished drafts of news reports. But it’s all sitting there in my phone — which these days functions as a mobile office. I might have emails from my lawyer, discussing police access issues and possible litigation, on the phone. I might have messages from other reporters making comments about individual police officers that aren’t likely ever to be printed. And unless Gov. Brown signs the Leno bill, that’s all material that any police officer who arrests me for anything (and I was once arrested at a demonstration for “conspiracy to loiter”) can start reading.


Law enforcement gave Brown a lot of money, but come on — this one’s a no-brainer.

Who doesn’t support Ed Lee?

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One of the more interesting things about the Democratic County Central Committee’s mayoral endorsements was the lack of support for Mayor Ed Lee among the eight state and federal office holders who sit on the panel.


Under the party charter, any Democrat who lives in the city and represents San Francisco in Sacramento or Washington gets to vote at the DCCC. So U.S. Senator Dianne Feinstein, U.S. Reps. Nancy Pelosi and Jackie Speier, state Senators Mark Leno and Leland Yee, State Assembly Members Tom Ammiano and Fiona Ma and Attorney General Kamala Harris all had a say in who the party would support for mayor. None of those people ever show up at the meetings, but they’re allowed to appoint an alternate to represent their views.


And only Feinstein voted to endorse Lee.


Pelosi’s alternate didn’t show up for the endorsement meeting. Speier abstained. Yee voted for himself. Leno voted No Endorsement. Ammiano suported Avalos. Harris abstained. Fiona Ma voted for Bevan Dufty.


Not a rousing show of support for the incumbent.


(It would have been interesting if Lt. Governor Gavin Newsom were still on the DCCC, but Gav has moved to Marin, and he will now have the distinct honor of serving on that county’s committee.)


Meanwhile: I almost want to ignore Randy Shaw’s attempt to portray the DCCC (and some white progressives in general) as racist for not supporting any of the Asian candidates, since I think it’s too easy to throw that word around in this city, and journalists ought to be pretty careful when they do it. White people (like me and Randy Shaw) need to be particularly sensitive to race issues in the media — and I do think there are real tensions between some old-line progressives and emerging Asian political leaders who don’t always agree with progressives on issues. But that sensitivity should include not sensationalizing race or using race to score political points.


That said, it’s worth noting that of the four Asians on the Board of Supervisors, the DCCC endorsed three (Eric Mar, David Chiu, and Carmen Chu). The only one who didn’t get the DCCC nod for supervisor was Shaw’s candidate in District 6, Jane Kim.


Oh, and the Number 1 candidate endorsed by the Democratic Party is Latino. And the two fastest-growing non-white political populations in the city are Asians and Latinos.


You can fight forever about the politics of the DCCC endorsement and why the panel only chose two candidates. The Guardian will almost certainly support three, since that’s how RCV works. Why Yee, who has the support of both SEIU Local 1021 and the Sierra Club, got only two votes at the DCCC is a fair question. Why Chiu, who is a member of the DCCC, didn’t win the third slot is also an interesting political question. But I honestly don’t think race was a factor. Maybe I’m wrong.    


And as for the whole flap about Aaron Peskin, Rose Pak and the People’s Republic of China (based, by the way, on Peskin’s comments in a Falun Gong newspaper): I met with Rose Pak a few weeks ago, and in the course of talking about Leland Yee (who I will be profiling in the Aug. 31 Guardian) she told me that some progressives were accusing her of being a Communist — a reference to comments by Peskin and Chris Daly linking her to the PRC. She called it “red baiting.”


Just for the record: I’d by happy if Pak WAS a communist — maybe she’d be more interested in income redistribution, progressive taxation and land reform in San Francisco. I like communists. I even got me a picture of ol’ Leon Trostky hangin’ in my office (along with a picture of John Ross, another noted pinko). And years ago, when I had a garage, I really did have a commie flag tacked up on the wall. A friend bought it for me in the Soviet Union back in the day, and one of the reasons I loved it was that it was so poorly made that it started to unravel the minute I stuck the tacks in it, and the colors weren’t quite right, and the silkscreened hammer and sickle was way off center. Go team.


Seriously, I think the era when the label “Communist” was a serious smear is long over. Nobody cares any more. Besides, China isn’t really a Communist country these days, is it? I’m not an expert on the Chinese economy, but it seems much more hyper-capitalist to me. And it’s safe to say that there’s no Cuba-style forced economic equality in China, a country that has a handful of billionaires and a lot of very poor people and may have even worse income distribution than the United States.


Maybe we could talk about the issues?

More questions in Bayview shooting

After receiving a San Francisco Police Department (SFPD) press release issued July 21 stating that the man who died July 16 following an officer-involved shooting in the Bayview had been killed by a self-inflicted gunshot wound, I phoned the city’s Chief Medical Examiner, Dr. Amy Hart.
 
I asked Hart to walk me through how the conclusion that the gunshot wound was self-inflicted had been reached. But Hart responded that the Medical Examiner has not reached any conclusion so far about the cause of Harding’s death.

“That’s not a component of the press release that we issued,” Hart said. “Maybe it’s a question that would be best addressed to the San Francisco Police Department, probably their homicide division. For us, the cause and manner of death are pending. So, we are going to complete our investigation before we discuss the manner of death. The question that you’re asking is something that came from the police press release, so you have to ask them the nature of why they said that.”

I called the SFPD and left a message, and I’ll be sure to provide an update once they call back.

The SFPD release stated that the Medical Examiner had detected two gunshot wounds in the body of Kenneth Wade Harding, Jr., the 19-year-old from Washington state who died after being shot on a crowded sidewalk in San Francisco’s Bayview neighborhood. One gunshot wound entered and exited Harding’s left leg, the statement said. A second gunshot wound entered the right side of Harding’s neck, and the bullet remained in his head. The round that was lodged in his head was of .380 caliber, police said, so it could not have come from a .40 caliber SFPD-issued firearm.

A .380 caliber round was discovered in the pocket of the jacket Harding was wearing, the press release added. “Based upon evidence known at this time including: officer and witness statements that Harding shot at the police officers, Shot Spotter data, video tape evidence that depicts a firearm at the scene that was subsequently taken and the location of gunshot residue on Harding’s right hand, it appears that Mr. Harding’s head wound was self inflicted,” the press release stated.

The Medical Examiner’s office hasn’t issued a death certificate yet, Hart said, and it generally takes several weeks to determine the cause of death.

I asked Hart if the Medical Examiner’s office had any way to determine which bullet had entered Harding’s body first.

“I wouldn’t say there’s a good way, except for eyewitness accounts,” she responded, adding that the Medical Examiner’s Office doesn’t have information to determine which bullet entered the body first.

While the Medical Examiner determined that the .380 caliber bullet entered through the right side of the neck, it is the ballistics section of SFPD’s crime lab that determines the caliber of the rounds, Hart explained.

When I asked Hart what process the Medical Examiner’s office would follow to determine the cause of death, she said, “It’s a completion of our investigation that will need to happen here at the Medical Examiner’s office. We’re going to make a final determination, and what goes into an investigation depends on a case, there’s no set thing that has to happen.” Eventually, she said, the various components of the investigation, such as witness accounts, the ballistics analysis, and the examination of the body will be merged.

Meanwhile, Mayor Ed Lee offered brief comments to the media today in response to the most recent findings released by the SFPD. The mayor attended a groundbreaking ceremony for the new Bayview Branch Library at Third and Revere streets, which is expected to open in December of 2012. Here’s a video of Lee’s response to the latest evidence released by SFPD:

http://www.youtube.com/watch?v=-YSz1l4mOHQ

Video by Rebecca Bowe

Lee was joined by District 10 Supervisor Malia Cohen as well as Sen. Mark Leno, Sen. Leland Yee, Sup. Scott Weiner, newly installed Municipal Transportation Agency Director Ed Reiskin, City Librarian Luis Herrera, and other prominent San Franciscans. City officials emphasized the positive at the press conference, stressing that the new library would be a center for learning that could serve the youth of the Bayview and offered hope for the future of a neighborhood in transition. “It’s not all doom and gloom here,” Cohen told reporters.

I asked Cohen if she had a comment about the police deparment’s latest findings, but she declined to say anything about it.

At this point, there are still a lot of unanswered questions surrounding Harding’s death. So far, the gun that discharged the .380 caliber bullet into Harding’s head has not been recovered by police. Police believe an unidentified man in a hooded sweatshirt who can be seen in a YouTube video picking up a silvery object off the sidewalk removed Harding’s weapon from the scene, and they say they are searching for the man and the gun. But if the object shown in the video is a gun, and it was Harding’s gun, it’s still not clear how it wound up some 10 yards away from the body after he shot himself.

SFBG Poll: Abolishing the death penalty

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State Sen. Loni Hancock is moving to abolish the death penalty. It’s something others, including Sen. Mark Leno, have pushed in the past, but it’s a tough political scrap — the move would require a statewide vote, and it’s not clear that the money or organizational effort is there for this fall. Of course, the governor could solve the problem with a stroke of his pen, by simply commuting all death sentences to life without parole — but I don’t think he’s going to do that. The best move might well be a coordinated campaign in the fall of 2012, putting together the growing number of law enforcement types who don’t like the current system, the traditional death penalty foes, and the more conservative people who just think it’s too much of a waste of money.


Is it time to get rid of the death penalty? When and how? Vote after the jump.





Free polls from Go2poll.com

Tom Ammiano and Brad Pitt

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That’s just the headline to get your attention. Actually, Tom made a great, impassioned speech on the floor of the state Assembly about Sen. Mark Leno’s SB 48, which would mandate that school textbooks include information on the historic role of LGBT people in the development of California. Seems like a no-brainer, but some of the Republicans were pretty awful about it, and there was a fair amount of talk about “sexual preference.”


So up stands Ammiano, who urges his colleagues: “Don’t live in a bubble and encourage me to live a lie because you aren’t confortable. …. I don’t want to be invisible in a textbook. I will not be erased.


“This is about education, about leveling the playing field. This isn’t about trivialization of a very important issue, a life-death issue for so many of us.


“And while I’m at it, let me correct something: My sexual orientation is gay. My sexual preference is Brad Pitt.”


One of the many reasons we love Tom.


Check out the video here.  Tom’s speech is at about 1:25.


The bill passed, 49-25.


 

Keep San Francisco odd!

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The Redistricting Commission maps will be finalized in the next few weeks, and the big news for San Francisco is the loss of a state Senate seat. (That, and the fact that the Assembly and Senate may both become more centrist, thanks to the new lines and the top-two primary system.) You can check out the maps here.


There’s not a lot anyone can do about the loss of the Senate seat; the population growth in California is in the Central Valley and the Southland. But there’s another story that San Franciscans need to pay attention to, and it’s all about numbers. Odd and even numbers.


Here’s how it works:


San Francisco now has two senators, Leland Yee and Mark Leno. Leno represents the East side and Marin, Yee the West side and parts of San Mateo. Leno’s district is Number 3; Yee’s is Number 8.


Yee’s term runs until 2014, Leno’s until 2012.


The commission hasn’t put numbers on all the new districts yet. But the way the law works, if the new Senate district has an even number, then Yee stays in office — reopresenting his current district — until 2014 (unless he gets elected mayor), Leno’s gone in 2012 and can’t run for the new seat until 2014. Which means for two years, half of San Francisco has no representation in the state Senate.


On the other hand, if the district gets an odd number, Leno runs again in 2012 for what will be his seat, Yee either gets electred mayor this fall (in which case there’s a special election for his seat) or he stays in office until 2014 (when he would be termed out anyway) and for the next three years, San Francisco still has two senators.


Remember that among Leno’s East side constituents are a disproportionate number of people of color, low-income people and LGBT people. That simple decision — on a seat number — could cut them out of representation.


For the record: This isn’t about Leno vs. Yee. If we had to choose one of the two of them for our state Senator, I suspect I’d go with Leno — but that’s not going to happen. It’s Yee AND Leno or Yee alone.


And it’s not about saving Leno’s seat, either. If he gets the bad number, he’ll find something else to do — Gov. Brown needs help, Nancy Pelosi’s going to retire soon, the filing deadline for the mayor’s office isn’t until August … if you like Leno, he’ll still be around. If you don’t like him, he’ll still be around.


It’s a question of the better deal for the city, and an odd number is clearly the better deal. The commission is having a hearing at Fort Mason June 27, 6 p.m. to 9 p.m., so it might be worth showing up and saying: Keep San Francisco odd!


 


So an even-number designation screws the poorer half of San Francisco — and an odd-number designation hurts nobody.

Ten good bills for 2011

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The news in Sacramento is mostly bad — Jerry Brown still can’t find the Republicans he needs to pass a budget, although maybe the redistricting process will help him. But it’s not all bad. Some important bills passed their houses of origin in the past week, and with Democrats controlling both the Senate and the Assembly and a Democratic governor, there’s actually a chance they could become law.


At the top of my list is the measure by Darrel Steinberg that could allow counties and school districts to raise a wide range of taxes. It is, as Sen. Mark Leno notes, a “game changer.” And it only requires a simple majority of both houses. (I wonder: Could the San Francisco supervisors put a tax measure on the ballot in November on the assumption that the Steinberg bill will be in effect by then?) If the GOP won’t budge on the budget, the Dems need to at least give local government the chance to find the resources to keep essential services running.


Assemblymember Tom Ammiano got AB 9, also known as Seth’s Law, approved on the Assembly floor. The measure, named in memory of Seth Walsh, a 13-year-old gay student from Tehachipi who suffered years of harassment and abuse, gives school districts the tools (and the mandate) to address bullying.


The Assembly also approved Ammiano’s AB 889, the Domestic Workers Bill of Rights, which gives domestic workers the same basic labor-law protections as other California workers, and AB 1081, the TRUST Act, which would allow California counties to opt out of S-Comm, the awful federal law that seeks to force local cops to become ICE agents.


Over at the state Senate, Mark Leno won approval for 11 bills, including SB 914, which would mandate that police get a warrant before searching the data on a person’s cell phone. It’s crazy that SB 914 is even necessary, but the state Supreme Court has ruled that, while you need a warrant to search a personal computer, you don’t need one to search a cell phone. SB 790 makes it easier for local agencies to form Community Choice Aggregation systems. SB 819 would give the state more authority to take firearms away from people who have committed felonies or have been institutionalized for mental illness. (The NRA’s going to hate this bill — felons have the right to guns, too …) SB 233 — another one I really like — gives local government the right to impose vehicle license fees.


Sen. Leland Yee won overwhelming support for SB 8, which mandates that foundations affiliated with the University of California, Cal State or community college campuses abide by the same public records laws as the schools themselves. (The Sarah Palin speaking fees bill.) SB 364, which requires corporations that get tax breaks for job creation to prove they’ve actually created jobs. SB 9 — another one that ought to be a no-brainer — ends the practice of giving juvenile offenders sentences of life without parole.


Seems likely all of these will emerge from the remaining house — and then we’ll see whether Brown is willing to sign progressive legislation.