› steve@sfbg.com
Bicycle projects in San Francisco — from the ambitious Blue Greenway initiative to new bike lanes to the simple shared-lane arrows, or “sharrows,” that have been painted on some roadways — have been shut down by a preliminary injunction that Judge James Warren signed as one of his final actions before retiring.
The ruling is part of a lawsuit brought by Rob Anderson, a 63-year-old dishwasher, blogger (whose District 5 Diary regularly blasts the “bike nuts” and “anticar activists”), and failed District 5 supervisorial candidate. Anderson and two groups he formed — Ninety-Nine Percent (referring to those who he believes don’t ride bicycles) and Coalition for Adequate Review — last year sued the city over its Bicycle Plan, arguing that it should have received more rigorous environmental review under the California Environmental Quality Act (CEQA).
Unless the injunction is overturned, city officials are prohibited from making any physical changes contemplated by the plan until completion of a trial that’s set to begin Sept. 13. The Bicycle Plan, which California cities must update every five years to qualify for certain public funds, was unanimously approved by the Board of Supervisors and signed by the mayor last year.
City officials and bicycle advocates were shocked by the scope of Warren’s ruling. “This is big. It’s means nothing new for bikes for probably the next year,” said Andy Thornley, program director for the San Francisco Bicycle Coalition. “It’s pretty strict, even worse than we feared.”
Beyond the prohibition of “installing bicycle lanes on any street in San Francisco named or described in any part of the plan and its maps” and a range of other physical changes, the ruling says the city can’t pursue plans to allow more bikes on public transit. Anderson and attorney Mary Miles didn’t get everything they wanted, such as an end to the city’s “educational or training programs, enforcement activities, or promotional activities,” but that was small consolation to city officials.
“We’re disappointed with the injunction and we disagree with Judge Warren’s conclusions,” said Matt Dorsey, spokesperson for the City Attorney’s Office. Dorsey said the lawsuit and injunction defy the spirit of CEQA, as well as its specific exemptions for bike lanes on public streets. “Bikes are already allowed the use of all the streets in San Francisco.”
But Anderson said the Bike Plan should have been subjected to a full-blown environmental impact report before being approved, rather than a finding of exemption from such review, as the board ruled.
“This is not about the contents of the plan itself. It is about the process,” Anderson told the Guardian.
But Anderson’s arguments go well beyond process and bureaucratic details — instead they are driven by what appears to be deep animosity toward the bicycle community, which he has expressed on his blog and in public comments during city meetings.
“I think cycling in the city is dangerous and foolish,” Anderson told us. “It’s irresponsible for the city to encourage an inherently dangerous activity.”
Despite that danger Anderson said he doesn’t believe the city should be building bike lanes or pursuing other safety measures because only a very small percentage of city residents will ever ride bikes. He said that bicyclists are nothing but “an elitist special interest.”
Anderson refused to identify who’s helping to fund his suit or other members of his organization, except to say it’s a “small group” that mostly drives cars. (Anderson said he relies mostly on public transit and walking.) Although he said he believes in global warming and decries traffic congestion, he doesn’t believe bikes are a reasonable form of alternative transportation.
“It’s a progressive fantasy. Bicycles are not the answer to any problem. This is America, not Amsterdam. There are big cars and lots of them,” Anderson told us.
Yet city officials remain uniformly committed to promoting bicycling.
On June 23, Mayor Gavin Newsom issued a public statement saying, in part, “Despite Judge Warren’s preliminary injunction, I remain committed to making San Francisco a national leader for bicycle transportation. Our goal is to increase the number of bike trips in the city to reach 10 percent of all trips by 2010. My administration will do everything within our power to reach that goal.” SFBG
www.district5diary.blogspot.com
Newsom
Put away the cameras
EDITORIAL The rate of violent crime in San Francisco, including murder, is climbing, and it’s way past unacceptable. Progressives aren’t generally known for their crime-fighting plans, but in this case the left flank of the Board of Supervisors, led by Ross Mirkarimi and Chris Daly, has offered a real, functional plan: an increase in community policing and additional funding for violence-prevention programs. However, Mayor Gavin Newsom and the cops are against that, and they helped knock it down on the June 6 ballot.
So what does the mayor want to do? He wants to put surveillance cameras — perhaps as many as 100 new surveillance cameras — all over the city, recording everything that happens in big swaths of public space, 24 hours a day.
The American Civil Liberties Union is urging the mayor to drop the plan. We agree.
For starters, there’s no evidence that cameras deter crime. Studies in England, where crime cameras are ubiquitous, show no decrease in criminal activity that can be linked to the cameras, and even studies in the United States suggest that criminals aren’t deterred by them. It’s possible cameras will help identify killers, particularly in neighborhoods where it’s almost impossible to find witnesses willing to talk — but it’s also possible (even likely) the bad guys will know exactly where the cameras are and either move somewhere else or wear masks.
And in exchange for this dubious benefit, San Franciscans will give up an immense amount of privacy.
We already live in a society where surveillance is an ugly fact of life. Credit card customers, grocery shoppers, cell phone and FasTrak users — almost all of us have our names and other details of our lives in electronic files, controlled by private firms and (as we’ve seen in the post–Sept. 11 era) easily accessible by government agencies.
The cameras offer such a huge potential for abuse. Will local or federal authorities use them to monitor political protests? Will they become a tracking device for people the feds consider a “threat”? Will they be used to monitor and suppress perfectly legal political activities and private associations?
No matter what the mayor and the San Francisco Police Department say, those cameras will be recording in public spaces, and those video files will exist somewhere, and even if they’re regularly erased (and given the SFPD’s record on following its own rules in other areas, we don’t trust that for a second), all it takes is a visit from the Department of Homeland Security to overrule all the safeguards. And anybody who thinks that won’t happen has been utterly out of touch with the state of the body politic in the past six years.
Another possibility the ACLU raises: Those videos could be considered public record in California — meaning stalkers, angry ex-spouses, and people planning violent crimes will have access to the daily movements of their potential victims.
The supervisors have, to their credit, tried to come up with rules to limit the potential abuses. But these sorts of technologies have a way of expanding, and law enforcement agencies have a way of avoiding oversight and scrutiny. There are much, much better ways to deter and fight violent crime. The best solution here is to simply cut the funding for the mayor’s cameras from next year’s budget. SFBG
A take on A
By Steven T. Jones
The biggest heartbreak on election day — Measure A being defeated by just over 1,000 votes — should become the biggest opportunity for progressives now that this election is done. This measure was an effort to get needed funds into social programs that would deter street violence and, equally important, to get the communities of color and street-level activists most affected by this problem involved in finding solutions. Blame for this measure’s defeat falls squarely on Mayor Gavin Newsom, his four supporters on the Board of Supervisors (plus Sup. Jake McGoldrick, who was on the wrong side of this one), and the Police Officers Association (and to an unknown degree, whoever attacked and crashed the Guardian site yesterday and kept our endorsements unavailable for much of the day). It’s understandable why the POA wants to pursue only a top-down, more-cops approach to the high murder rate. But what’s unfathomable to me is why Newsom and his political allies continue to do nothing to reform a Police Department that is dysfunctional, arrogant, and understandably doesn’t have the confidence the parts of the community with which it should be working most closely.
What it all means
By Tim Redmond
At City Hall
This was an excellent night for labor and tenants, and to a certain extent, for Gavin Newsom. It was a lousy night for Carole Migden, Tony Hall, Joe O’Donoghue, and Clint Reilly.
A simple, fair tenant bill
A simple, fair tenant bill
Legislation that would ban landlords from arbitrarily eliminating services or restricting access to common space in residential units is likely to get seven votes at the Board of Supervisors June 6th. It’s also likely to get a mayoral veto. So tenant advocates ought to be putting the pressure on Sup. Bevan Dufty, who is one of the mayor’s allies – but is also in a district where a majority of the voters are renters.
The bill, by Sup. Ross Mirkarimi, would end what some tenants say is a growing practice: Landlords suddenly take away parking spaces, access to laundry facilities, or the use of storage space, in the hope that it will drive out tenants who are protected by rent control. The current law forbids evictions without “just cause” – but that provision apparently doesn’t apply to anything other than the actual place where a tenant lives.
There are all sorts of opportunities for abuse here: A landlord could evict a tenant from his or her parking or storage space, then offer to rent it back at a high price. Or those sorts of amenities could be doled out to tenants who never complain about living conditions, and withheld from tenants who try to exercise their rights. Or – most likely – a landlord desperate to get rid of a tenants who is paying below-market rent could take away every possible amenity until that tenant gives up and moves away, allowing the landlord to raise the rent for the next tenant.
The fix is simple, and won’t cost landlords any extra money. Mirarimi’s bill is just basic fairness: If you offer a garage as part of the original rental deal, you can’t suddenly take it back without a valid reason. If you include on-site laundry facilities as part of the lease, you can’t arbitrarily lock the door to the laundry room and give only certain favored tenants a key.
Dufty is up for re-election this fall, and is almost certain to face some serious opposition from the left. With three of the mayor’s four allies – Sean Ellsernd, Michela Alioto-Pier and Finoa Ma – pretty much immovable, Dufty’s been in a position to make or break legislation by being the eighth vote to make a bill veto-proof. And since Newsom has vetoed every significant piece of tenant legislation to come before him, Dufty needs to feel the heat: Is he on the side of tenants – when it matters?
This one is a great test case: The legislation is so simple and fair, it’s hard to imagine how a reasonable landlord could oppose it. Let’s see if Dufty’s willing to stand with the tenants on one that ought to be a no-brainer. Give him a call, at 554-6968.
Downtown’s “Hail Mary” lawsuit
EDITORIAL This one is way over the top: The San Francisco Chamber of Commerce and the Committee on Jobs filed suit last week against the San Francisco Board of Supervisors, alleging that the supes won’t implement Proposition I, the 2004 ballot measure that was aimed at derailing progressive legislation. The suit makes little legal sense: The downtown crew is demanding that the city do something that it’s already doing, for the most part. But it shows an aggressive new strategy on the part of Mayor Gavin Newsom’s allies, who are out to scuttle three important bills that will probably win board approval.
Prop. I was designed to do two things: Delay anything that downtown might consider "antibusiness" and promote the political fortunes of Michela Alioto-Pier, who authored the ballot measure. The idea: Create an Office of Economic Analysis, under the city controller, with the responsibility to do an "economic impact analysis" of any legislation that comes before the board. Of course, that economic impact analysis will by definition be fairly narrowly focused; it won’t consider the social impacts or consequences of decisions.
That was always the flaw in Prop. I, and that was the reason we opposed the measure. Economic impact studies that show only how much a proposal would cost or how it might harm the "business climate" ignore the fact that a lot of government regulation improves things that aren’t quantifiable. And even when they can be measured, certain effects are ignored: Clean air has a tremendous value — but typical studies of antipollution measures focus only on the costs of compliance. Safe streets, nice parks, and good schools are worth a fortune — but a study that examines the tax burden required to pay for them won’t account for that.
Downtown spent a fortune promoting the measure (and sending out colorful flyers with Alioto-Pier’s face on them, which didn’t hurt her reelection efforts). It narrowly passed — but since Alioto-Pier never put in a request for the additional money the plan would cost, it took an entire city budget cycle to fund and hire the two staff economists who will do the work.
Now, for better or for worse, they’re on board, and the analyses are beginning — but downtown isn’t satisfied. Chamber spokesperson Carol Piasente told us the group wants to eliminate any board discretion in deciding what needs analysis and what doesn’t; right now, the board president can waive the analysis on relatively trivial things like resolutions and appointments.
But what’s really going on, according to Sup. Chris Daly, is that downtown is gearing up for a full-scale attack on three bills: Sup. Tom Ammiano’s proposal to require employers to pay for health care; Sup. Sophie Maxwell’s plan to better enforce the minimum wage laws; and Daly’s proposal to require additional affordable housing in all market-rate developments. "Downtown’s hail mary pass involves using the economic analysis to kill these socially critical proposals," Daly wrote in his blog.
Oh, and while the chamber is always worried about city spending, the group’s lawyer, Jim Sutton, is asking for attorney’s fees (likely to be a big, fat chunk of taxpayer change) if the suit prevails.
This is ridiculous. City Attorney Dennis Herrera needs to defend this aggressively, but that’s only the legal side. The mayor, who has become ever more closely allied with these downtown forces (see page 11), ought to join the supervisors in publicly denouncing the suit. SFBG
Why Conroy should go
EDITORIAL Mayor Gavin Newsom made a weak attempt to deal with the political fallout from the Office of Emergency Services audit last week, appointing Laura Phillips, who appears to have some qualifications for the job, as the head of emergency communications.
But Newsom refuses to follow the most important recommendation from the scathing audit. OES director Annemarie Conroy still has her job.
It’s more than a little bit unsettling: Newsom, who claims to be a competent manager, is sticking with Conroy, the Donald Rumsfeld of San Francisco, an incompetent political crony who won the job only as part of a stupid and transparently political deal.
The audit, by Board of Supervisors budget analyst Harvey Rose, shows why this sort of political chess game is such a bad idea. Conroy, who had no credentials whatsoever for the top disaster planning job, has, not surprisingly, fared poorly. Her office, the audit says, is larded with top management — a full 40 percent of her staff are at the highly paid management level, which Rose called "unacceptable" — while little of the $82 million it’s received in federal and state grants has gone to emergency training. Conroy has bungled efforts at coordinating disaster planning with other departments and hasn’t even applied for federal reimbursement for some $7.6 million that the city is owed.
Conroy, a lawyer and former supervisor, got the $170,000-a-year job largely because Newsom wanted to get Tony Hall off the Board of Supervisors. So he offered Hall a plum job running the Treasure Island Development Authority — but since Conroy was already in that job, Newsom had to move her someplace else, and he chose emergency services. The problem is, this is no sleepy bureaucratic backwater where a hack can rest on a nice salary for a few years without doing any real damage. The OES handles a huge amount of money and is responsible for getting the city ready for things like a major earthquake, which every scientist agrees is overdue, or a terrorist attack, which is certainly not outside the realm of possibility.
This was the sort of game former mayor Willie Brown played all the time, shuffling political allies around to agencies and commissions without much regard for the public policy impact. Newsom promised to do better, but the fact that he’s still standing behind Conroy is evidence that he’s letting old-fashioned politics get in the way of running the city.
Let’s face it: Annemarie Conroy should never have been appointed to the OES and clearly isn’t up to the job. Rose recommends abolishing her position and letting the new head of emergency communications run the whole show. That seems like an excellent idea. SFBG
Here’s Bill!
The gluttonous Willie Brown era lead to a city workforce of mangers who earned princely salaries in exchange for their political loyalty, but appeared to have little in the way of clear job responsibilities.
The cries for reform from auditors and other watchdogs eventually fueled the creation of a Management Classification and Compensation Plan designed to both streamline the city’s hiring process and trim a top-heavy class of department managers.
The process has been slow and complex, to put it lightly. But one way to measure its effectiveness so far may be to consider the complaints coming from political hacks bitter about losing status on the city’s totem pole.
In April, the Guardian reported that former board supervisor Bill Maher, now a “regulatory affairs manager” at the San Francisco International Airport, seemed to have difficulty showing up for work even half the time, according to documents we’d obtained that tracked his usage of a complimentary airport parking card included in his compensation package.
Maher was a Willie Brown political ally who earned his $95,000-a-year post at the airport in 1998 under the former mayor. Since then, he’s managed to hang on to the job and sail through more $30,000 in raises, to $128,000, despite a dubious job description.
But when the human resources department set its sights on Maher’s job through an MCCP review, he was knocked back from a Manager V position to Manager III in early 2004.
Maher shouldn’t have had much to complain about; the change did not affect his current salary. But the change did affect his eligibility for certain types of pay raises in the future, so Maher lashed out, warning MCCP Team Coordinator Robert Pritchard in an April 2004 letter that he planned to appeal the decision to the Civil Service Commission. In the letter, Maher valiantly made a renewed attempt to describe exactly what it is that he does for the airport:
“Reporting directly to the airport director, this position serves as a political consultant/advisor to the Airport Director regarding the political climate and assists the Director in the overall management, planning and coordination of highly political, sensitive and politically visible projects as assigned.”
Huh? Wha?
Apparently, the position wasn’t “political” enough, because after further review, Pritchard recommended to the commission earlier this month that Maher’s appeal be denied. According to Pritchard’s findings, “ …the position has no supervisory or budgetary responsibilities typical of the higher level classes.”
As it happens, the city’s budget analyst, Harvey Rose, agreed Maher’s duties seemed vague at best, because he recently made the preliminary recommendation that Maher’s job be eliminated entirely. According to a May 22 report from Rose’s office, the decision was based on “the lack of workload and deliverables information, the duplicative nature of the position’s functions, and the position’s high cost …” (Rose’s final budget recommendations won’t be finished until June 5.)
The Guardian also reported in April that management excess appeared to exist elsewhere at the airport. We noted that sources of ours had complained about the airport’s International Economic and Tourism Development Director, a post created for the politically well-connected Bill Lee under Gavin Newsom after the mayor removed Lee from his job as city manager. (The San Francisco Chronicle’s Matier & Ross have published versions of this story as well.)
Lee’s salary and mandatory fringe benefits, including a city car, cost taxpayers nearly $186,000 a year. His job, according to Rose’s report, is to “support international business growth.” But the airport never provided to Rose data that proved Lee had inspired any growth in international cargo or passengers. Rose, subsequently, made the preliminary recommendation that Lee’s position also be eliminated by late September “based on the lack of quantifiable economic benefits and cost savings associated with this position …”
No one at the airport’s Bureau of Community Affairs was available to comment on either Lee or Maher’s positions. But in April, Lee disputed any suggestion that his job was merely a “soft landing,” and insisted that he’s continuing to establish new business relationships between the city and key Asian countries.
Airport Spokesman Michael McCarron also told us in April that Maher spends much of his time off site “reviewing and attending appropriate board, commission and regulatory meetings.”
As part of his explanation, McCarron added at the time, “It is important for the airport to be aware of community sentiment that may impact the airport and the regulatory climate within in [sic] which it must exist.”
Clear as a bell.
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› tredmond@sfbg.com
Look: The Transbay Terminal project is all fucked up, about as bad as anything in city government could be, and a lot of people are at fault.
Supervisor Chris Daly isn’t one of them.
I say this because the No on Proposition C campaign has become little more than a personal attack on Daly, who authored the measure that would change the makeup of the Transbay Terminal authority. I’m not voting for Prop. C — I don’t think it’s going to solve the problem — but I do think Daly makes a very good case that change is needed, and I think he’s making a good faith effort to fix it. I mean, at least he’s doing something.
So why are there flyers and posters all around town attacking Daly and saying he is trying to “hold up” the Transbay Terminal project? Mark Mosher, who is running the No on D campaign, argues that Daly “should be held accountable” for his proposal, but that’s horseshit. The real reason, Mosher agrees, is that attacking Chris Daly wins votes in many parts of town.
It’s a sleazy way to run a campaign, and the mayor — who is really behind all of this nonsense — needs to put an end to it, now.
Onward: much, much ado at the Coalition of San Francisco Neighborhoods meeting May 16. The agenda for a group that has too often been under the sway of Joe O’Donoughue included a proposal to rescind the coalition’s endorsement of Prop. D, the badly flawed Laguna Honda measure.
Joe and his ally, former CSFN president Barbara Meskunas, had pushed for (and won) an early endorsement of the measure, which would use zoning rules to ban certain types of patients from the hospital. Somehow, though, the Yes on D presentation wasn’t entirely complete: Most CSFN members who initially voted to back the plan didn’t realize that it had potentially much more sweeping impacts, and could legalize private development on a lot of other city property.
As news about what Prop. D really meant began to get out, some coalition members demanded a new vote — and after a month’s parliamentary delay, they got one.
The debate, I’m told, was lively: At one point, Tony Hall, whom the mayor appointed to head the Treasure Island Development Authority, accused Debra Walker, a longtime progressive, of being a "stooge for the mayor." Ultimately, though, the vote to rescind the endorsement won, 23–8, with Hall, Meskunas, and Newsom-appointed planning commissioner Michael Antonini in the minority.
Shortly afterward, the members voted on new officers, and a slate of candidates led by Meskunas was roundly defeated. At which point Meskunas stormed out of the room, later resigning from the organization.
"This was a battle for the soul of the coalition," Tony Kelly of the Potrero Boosters told me. "It’s been brewing for a while."
Yeah, it’s just one more San Francisco political group and one more internal battle, but it might mean a lot more. First of all, it shows that Hall and Antonini — both, remember, Newsom appointees — are coming on strong against the mayor, fueling the theory I keep hearing that Hall will challenge Newsom from the right in 2007 (and try to get his friend Matt Gonzalez, who also supports Prop. D, to mount a challenge from the left).
Gonzalez told me he hadn’t heard anything about that plan yet (and he found it quite odd), but (of course) he’s not ruling out another mayoral campaign. SFBG
From ANWR to SF
OPINION For more than a decade, the oil industry and environmentalists have fought over the Arctic National Wildlife Refuge (ANWR) in Alaska.
At the same time, polarizing debate has raged in San Francisco over automobiles in Golden Gate Park, with the proposed car-free Saturday on JFK Drive as the latest iteration.
While ANWR is a long way from San Francisco, that fight has a lot in common with the debate over car-free Saturdays. Both the ANWR and car-free Saturday debates include an enormous expenditure of political capital to confront or defend a lifestyle based on unlimited use of personal cars. And while Gavin Newsom’s veto of car-free Saturday legislation tells us a lot about our ambitious mayor, it also gives us a lens into what he might be like as a future US Senator voting on ANWR drilling.
In ANWR, the debate is whether wilderness should be opened to drilling in order to wean the nation from foreign oil and to save American motorists from inconvenient gas price increases. In short, it is about accommodating a way of life centered on unlimited personal car use — instead of reducing our need for oil by switching to compact urbanism, mass transit, walking, and bicycling.
In Golden Gate Park, the debate centers on a way of life based on unfettered free parking and high-speed "cut-thru" streets like JFK Drive, versus a way of life that reduces car dependency and celebrates urbanism and nature at the same time. While the city and its mayor promote a green image, a small group of wealthy interests maintain that cars simply have to be a central part of our lives and a primary means of transportation, particularly in cities. Moreover, they envision the car-free Saturdays as a dangerous step toward other citywide proposals, such as reducing the space for cars on the streets to prioritize mass transit and bicycles, or perhaps restricting cars on Market Street. Those are the real stakes in this debate.
Like forbidding drilling in ANWR, restricting cars in parts of Golden Gate Park would symbolize a victory for a specific vision centered on reducing the role of automobiles in everyday life.
It is difficult to know how Gavin Newsom would vote on ANWR if he were elected to the US Senate — a position for which he is no doubt being groomed — upon the retirement of Sen. Dianne Feinstein. But in light of his veto of car-free Saturdays, it is worth pondering that with this veto Newsom reveals he could be persuaded to come down on the wrong side in one of America’s most controversial environmental debates, and support drilling in Alaska.
Imagine that 10 years from now, oil prices and global conflict over oil have intensified. A delusional motoring public in California demands relief from its senator (who as mayor did very little to truthfully address problems of automobile dependency in San Francisco). Republicans will be pointing at the offshore oil in California, and Newsom, a Democrat having just been elected to replace the retired Feinstein, will be challenged to provide relief. Would Newsom, out of desperation, support drilling in ANWR to avoid drilling in California?
Actions speak louder than words, and what Newsom has done this week is to set San Francisco up for another decade of automobile dependency without offering any viable alternative. SFBG
Jason Henderson
Jason Henderson is an assistant professor of geography at San Francisco State University.
Newsom’s road-closure veto
EDITORIAL Mayor Gavin Newsom showed a colossal lack of political courage May 15 when he bowed to pressure from a few rich socialites and vetoed a program that would expand one of the city’s most popular and successful recreation programs.
Newsom, apparently changing course at the last minute, rejected a Board of Supervisors plan to close a section of roadway in Golden Gate Park on Saturdays. The six-month trial program would expand on the existing Sunday closure, which brings thousands of walkers, bikers, and roller skaters — and yes, fans of the De Young Museum — to the park to enjoy a rare car-free urban experience.
As of last week, Newsom insiders were telling us the mayor had decided to sign the legislation. But Dede Wilsey, a wealthy patron of the museum, was pushing hard to block the proposal. On May 9, the San Francisco Chronicle weighed in on the side of the museum, running a misleading editorial accusing the supervisors of defying a vote of the people and giving Newsom more cover for a move that will undermine his national image as an environmentalist.
In his veto letter, Newsom argues that the issue needs further study — though that’s exactly what this plan would be: a six-month study period. And, like the Chronicle, he insists that the voters have spoken on this issue — as if a pair of confusing ballot measures that were all tied up with the museum and the garage six years ago should be the final word on this issue. He also calls it "divisive" — meaning, presumably, that unless Dede Wilsey and the museum crowd like something, the mayor can’t be a leader and take a stand.
The whole thing shouldn’t be difficult. The De Young’s board has argued that closed roads mean smaller crowds, but the museum’s own figures show that’s untrue (see "Dede Wilsey’s Whoppers," 4/19/06). Museum attendance on Sunday, when the roads are closed, is higher than on Saturday, when cars clog the area. (With so many people flocking to that part of the park, it’s no surprise some of them decide to stop by the museum.) Besides, when the museum won permission to build an underground parking garage in the park, garage supporters, including financier Warren Hellman, promised that the added car access would make it possible to close the roads on Saturdays — and today, to his credit, he’s arguing in favor of the plan.
In New York City, which is even more congested than San Francisco and has far worse parking problems, a Republican mayor, Michael Bloomberg, has managed to close roads in Central Park not only on Saturdays but also on weekdays.
It’s too late to change Newsom’s mind, but the supervisors can still override the veto. One of the four who voted against the plan will have to switch to get the eighth vote for an override, and the most likely candidate is Bevan Dufty, whose district includes plenty of road-closure enthusiasts and who is up for reelection this fall. Call him (415-554-6968) — and don’t let him wriggle out of this one. SFBG
Cruel and unusual punishment
OPINION Homelessness was recently put on trial in California. It was found not guilty.
The US Court of Appeals for the Ninth Circuit declared April 14 that the city of Los Angeles can’t arrest those who have no choice but to sleep on its streets. It’s a victory for those of us who believe that homelessness is not a crime, but a symptom of an unjust economic system.
At issue in the LA case was a 37-year-old law prohibiting sitting, lying, and sleeping on the sidewalks. Six homeless folks brought the complaint in 2003 with the aid of the ACLU and the National Lawyers Guild.
In her ruling against the statute, Judge Kim McLane Wardlaw wrote: "Because there is substantial and undisputed evidence that the number of homeless persons in Los Angeles far exceeds the number of available shelter beds at all times," the city is guilty of criminalizing people who engage in "the unavoidable act of sitting, lying, or sleeping at night while being involuntarily homeless." She termed this criminalization "cruel and unusual" punishment, a violation of the Eighth Amendment to the US Constitution.
Her enlightened opinion should guide public policy everywhere, especially here in San Francisco. In our "progressive" city, we have gay weddings at City Hall and an annual S-M street fair, yet our views on the homeless are as 19th century as the rest of the country’s opinions on gay marriage and kinky sex. The majority of voting people here still favor the old-fashioned method of punishing the poor and the homeless. That’s how Care Not Cash and our current antipanhandling measure managed to become law.
According to Religious Witness with the Homeless, in the first 22 months of Mayor Gavin Newsom’s administration, San Francisco police issued 1,860 citations for panhandling and sleeping on the sidewalks, as well as 11,000 "quality of life" tickets. That’s more than were issued under former mayor Willie Brown in a similar time period. How many officers did it take to issue those citations? How much money did it cost the city? What better things could San Francisco have done with the money to actually help those who were cited? How many of the people cited are now in permanent affordable housing with access to services they need to put their lives back together?
Homelessness can’t be eradicated with punitive measures. Addressing homelessness in America doesn’t mean sweeping the poor out of sight of tourists or upscale neighbors. It doesn’t mean taking away the possessions of homeless folks or fining people for sleeping in their cars. It means addressing the basic social inequities that create homelessness, among them low-paying jobs, the immorally high cost of housing, and the prohibitive price of health care.
It means having drug and mental health treatment for those who need it when they need it.
That’s the real message behind Wardlaw’s ruling.<\!s><z5><h110>SFBG<h$><z$>
Tommi Avicolli Mecca
Tommi Avicolli Mecca is a radical, working-class, queer, southern Italian activist, performer, and writer.
Real huff
› a&eletters@sfbg.com
There was a period in the early to mid-’80s when Dieselhed absolutely ruled the San Francisco music scene. Like the previous generation’s Thinking Fellers Union Local 282 or Primus, or maybe today’s Joanna Newsom or Deerhoof, fans enthusiastically lined up to catch the popular quintet every time the group played. To see Dieselhed once was to love them forever. You’ve got that chance, as they’re re-forming for one night at this year’s Mission Creek Music Festival.
What made them so fucking great? For starters, the music: crashing cow-punk guitars alternating with twangy tearjerkers and, over it all, Virgil Shaw’s and Zac Holtzman’s sweet, incandescent harmonies. Dieselhed was a band with a fully formed aesthetic whose keenly observed stories (and all their songs told stories) wheeled out quintessentially quotidian Northern Californian lives: dreaming of a world beyond Humboldt County, summers spent working on fishing boats in Alaska, weddings on the Hornblower, buying titty mags at the 7-Eleven, touring Sonoma Valley small towns and playing breweries, the guy who makes the hash browns at the local greasy spoon.
It was easy to imagine they were singing about you, and sometimes they were: Dieselhed’s number one fan was always the taxi dispatcher and perpetually tipsy Corinne, and, heck, they wrote a song about her: "Corrine Corrine/ Look at you spin / You’ve got me in a half nelson." The shit was funny — because it was so real — to everyone, including the characters they sang about in their songs: the girl who whispers into her poodle’s ear, the waitress at the truck stop, the guy studying for the forklift operator’s exam.
The band was wonderfully inclusive: Sing-alongs quickly came to include audience-participatory gestures, like the big O-shaped upstretched arms we all flew to represent the diamond ring in "The Wedding Song." Shaw’s then-adolescent sisters, who were budding songwriters in their own right, made guest appearances.
In another example of Dieselhed’s absolute command of who they were and what they meant, there were the improv numbers that charted their growing popularity and the changes in their lives. In "Someday We Won’t Be a Band," each member took to the mic to weave an always different story of what someone else in the group would be doing years hence. What will that tune sound like this time around? It’s guaranteed to have us laughing and crying.
The main thing is this: Dieselhed will always be relevant, and they never fucking lost it. Shaw’s now an acclaimed solo act. Holtzman formed the Cambodian pop group Dengue Fever and is licensed in Chinese medicine. Drummer Danny Heifetz up and moved to Australia. And I can’t wait to hear what bassist Atom Ellis and guitarist Shon McAllin are up to. "Someday we won’t be a band," Dieselhed sang, "but for now, we totally exist!" SFBG
Dieselhed
With Fantasy, Sonny Smith, and Marc Capelle
May 21, 8 p.m.
12 Galaxies
2565 Mission, SF
$10 advance, $12 door
(415) 970-9777
SFPUC: Get on the stick
EDITORIAL The goal of San Francisco’s energy policy ought to be to remove all private interests from the generation, distribution, and sale of electric power, and the fastest way to get there is to condemn, buy out, and municipalize Pacific Gas and Electric Co.’s local grid. But community-choice aggregation — a system under which the city acts as the equivalent of a buyer’s cooperative and purchases power in bulk to resell at a discount to consumers — is a good first step.
Even Mayor Gavin Newsom seems to realize that. Under pressure from CCA advocates, including Sup. Tom Ammiano, Newsom has earmarked $5 million in his next budget to begin implementing an aggregation system that the Local Agency Formation Commission (LAFCO), under chair Ross Mirkarimi, has been putting together.
Now it seems the last roadblock is the San Francisco Public Utilities Commission, whose members suddenly and unexpectedly had issues with the budget allocation when it came up a couple of weeks ago. They wanted more information. They wanted to hold hearings. We understand their concerns — CCA is complex and important, and it has to be done right.
But the SFPUC should have been the lead agency pushing for public power years ago. The commissioners should have been holding hearings long ago — on the high costs of PG&E power, on the city’s legal mandate to run a public-power system, and on the value of CCA. They should have been pushing the mayor to allocate a few million dollars for a full public power feasibility study and pushed for this CCA allocation as part of their regular budget discussions.
Instead, it’s been up to the supervisors to analyze, promote, and advocate for the program, and it’s been Ammiano, Mirkarimi, and the LAFCO people who have done most of the work.
It’s really annoying that the mayor is willing to put up $5 million for CCA when advocates have had to fight tooth and nail for a few hundred thousand dollars for a municipalization study. But it’s the first time in decades that any mayor has done anything but stand in the way of anything that looked even a tiny bit like public power, so it’s a historic moment (of sorts). The SFPUC needs to actively support this project and begin talking about the next step — how to get rid of PG&E for good. SFBG
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Editor’s Note
The Healthy Saturdays folks were out leafleting in Golden Gate Park this weekend, on a stunningly beautiful Sunday, along with thousands of other people enjoying the car-free sunshine. The message on the handouts: Call the mayor (554-7111); the supervisors have approved a plan to at least try extending the car ban to Saturday, and now it’s in the mayor’s court.
Which will be interesting, as Steven T. Jones reports on page 19, because Gavin Newsom thinks of himself as an environmentalist who is pro-bicycle and pro–public transportation — but the people who were a big part of his political base from day one are upper-crust de Young Museum types who, for their own selfish reasons, don’t want the roads in the park closed.
De Young Museum baroness Dede Wilsey and Ken Garcia, the San Francisco Examiner‘s resident crank, are the chief architects of the argument that the Saturday road closure is a bad idea. They’re pushing this God-and-the-flag line — "let the voters decide" — and claiming that since a similar plan lost at the ballot once, only a public referendum would be adequate authority for a rather simple land-use decision. Put it to the voters, they say; that’s fair, right?
Well, I’m not here to dis American democracy or anything, but there’s a little secret I want to share: Most elections aren’t fair. Anytime the size of the electorate is larger than about 40,000 voters (a typical San Francisco supervisorial district), you can’t effectively communicate your message without a big chunk of money — and the larger the jurisdiction, the more money it takes.
Consider California.
There are three major candidates for governor, and all of them are wealthy people. But only two are truly, obscenely, stinking rich, with wealth in the $100 million–plus range, and they are, right now, the odds-on favorites to make the November final — in large part because of their abilities to put personal wealth into the race. In other words, if you want to run for governor of California, being rich — garden-variety rich — isn’t nearly enough.
The same goes for San Francisco, on a different sort of scale. If citywide elections were fair, and Pacific Gas and Electric Co. didn’t have the ability to write a blank check every time an activist group tried to pass a public-power measure, San Francisco would have kicked out the private-power monopoly half a century ago. If citywide elections were fair, and Gavin Newsom didn’t have the ability to outspend Matt Gonzalez by a factor of about 6 to 1, the odds are at least even that Gonzalez would be mayor today.
That’s why Dede Wilsey and Ken Garcia, who both know better, are blowing some sort of smoke when they call for a "vote of the people."
But maybe we should call their bluff. How’s this for a deal:
The museum folks have plenty of money, so Wilsey can raise, say, $200,000. Then she can split it in half — she gets $100,000, and the road-closure activists get $100,000. No outside, "independent" expenditures (they can control their side, and we can control ours), no tricks, no bullshit. Level playing field, fair election — and let’s see who can walk more precincts and turn out more people on election day. That same model would work for all kinds of civic disputes.
Fair?
PS: As an in-line skater with plenty of bruises to prove it, I have another suggestion: For even-more-healthy Saturdays, maybe they could resurface the roads. SFBG
A strong small-business agenda
EDITORIAL You read the academic journals these days, or peruse economic-development Web sites, and everyone seems to be talking about sustainable urban economics. It’s as if the mantra that was first put forward by Jane Jacobs, David Morris, and a few others a quarter century ago is very much in the mainstream today: Cities function best with diverse economies dominated by locally owned businesses, with money circuutf8g within the community. Cutting-edge restaurants talk about serving locally grown food. Beverage savants want local beer and wine. Just about everyone — including the mayor and the San Francisco Chamber of Commerce — wants to participate in a program called Shop Local.
It’s a wonderful, encouraging trend — but if it’s going to make any real difference in this city, it has to become a lot more than lip service. Consider: •Just as Mayor Newsom was proudly signing on to a Shop San Francisco program, the mayor and the supervisors were busy approving plans to allow Home Depot — an anticompetitive out-of-town corporation that destroys local small business and undermines the entire concept of a strong local economy — to build a giant store on Bayshore Boulevard.
•It’s taken legal action by Sue Hestor and the neighborhood leaders to derail (for now) the mayor’s plans to build high-end condos all over the eastern neighborhoods — threatening hundreds of locally owned businesses.
•Downtown business leaders and the groups they fund still push for policies that hurt most of the businesses in the city — and too many small-business people still go along.
Here’s the reality: Supporting small businesses — and moving San Francisco toward a sustainable economy — requires a lot more than a slogan. The people who are behind the Shop Local movement know that. They’re promoting a wide range of national and local policies designed to change not only attitudes but the direction of public policy.
San Francisco, a progressive city known for its wonderful, lively, unique neighborhoods, ought to be a national leader in the battle. But others (Philadelphia, for example) are moving way ahead. This city is still stuck in an ancient (and regressive) economic mind-set.
There are a number of key things the city can do to turn that around and become a truly small-business–friendly place — and most of them go far beyond public-relations efforts and cutting through red tape. The basic approach to policy needs to change; here are a few ways to start:
•Stop allowing big chains to come into town. That’s not exactly rocket science, and it isn’t so hard either: Hayes Valley and North Beach both have "formula retail" laws that restrict the chains, and there’s talk of doing the same in Potrero Hill. But why does this have to be fought block by block? Why not a citywide ordinance that protects every neighborhood commercial district — and, more important, keeps the life-sucking big-box giants away from the city altogether?
•Make small, locally owned businesses part of the planning process. The city’s own (limited) studies have made clear that the type of development the mayor and the current city planning leadership has in mind would damage local businesses, particularly in the repair, distribution, and small manufacturing areas. That alone ought to be grounds to change directions. Why not a checklist for every new project that includes the question: Will this displace existing locally owned businesses? If the answer is yes, the project should be rejected.
•Take progressive business taxes seriously. There’s almost certainly going to be an effort this fall to change the city’s business-tax structure, with one of the goals being an increase in overall revenue. That’s great, and it ought to happen — but the tax rates have to be shifted too, so that a tiny local retail outlet doesn’t pay the same amount as the Gap. (Socking big-box outlets with a special tax or fee — possibly based on the fact that they are by nature car-driven operations — might be a nice way to bring in some cash.)
You can’t be friendly to small local businesses these days without taking sides in the national economic war — and that means coming out against the big chains. Until San Francisco does that, all the talk of supporting local merchants will amount to nothing. SFBG