Opinion

Editors notes

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› tredmond@sfbg.com
There’s something scary happening in Bayview–Hunters Point, and it’s not the redevelopment bulldozers.
For some reason that I find hard to understand, community leaders like Willie Ratcliff and Marie Harrison, who are opposed to the Redevelopment Agency’s plan for that neighborhood, have signed on with a frightening gang of radical right-wing property rights advocates. The result: Harrison was standing at an antiredevelopment rally last week urging voters to support Proposition 90, almost certainly the worst piece of legislation to face California voters since Proposition 13 devastated local government in 1978.
Prop. 90 would indeed limit the ability of government agencies to seize private land for other private projects. That’s why the redevelopment foes like it. But it goes much, much further. Under Prop. 90, no local government could do anything — anything — that might reduce the value of private land without paying the owner compensation. That means no new tenant protection laws (which could cost a landlord money). No more zoning laws that reduce the maximum development potential of a lot (of course, that means no zoning controls against luxury condos that would displace local business and residents in Bayview). No new environmental or workplace safety laws.
It also places a swift and powerful kick to the midsection of any effort to seize Pacific Gas and Electric Co.’s local grid and create a real public power system; under Prop. 90’s rules, that would be prohibitively expensive.
I talked to Harrison about this, and she told me she “didn’t read the law that way.” But this isn’t just a matter of opinion; it’s clear fact, and everyone with any sense realizes it.
It gets worse: I was at a New College event Sept. 29 when Renee Saucedo, the immigrant rights lawyer, asked everyone to vote yes on 90. She told me she trusted Ratcliff and Harrison.
Prop. 90 is almost unimaginably bad. If its supporters can make inroads in San Francisco, I’m very afraid. SFBG

Divorcing Columbus

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OPINION This year may go down in history as the one new immigrants reignited a civil rights mobilization in the United States. Their efforts, like those of the black liberation movement of the ’60s, will certainly become a catalyst for progressive action from many communities. As southern Italian Americans, this Columbus Day we have to ask our community the age-old question — which side are we on? Unfortunately, many of us have chosen exactly which side we are on: supporting racist immigrant bashers, whether they are legislators in the halls of Congress or vigilante Minutemen. As progressive Italian Americans, we support new immigrants because of the simple fact that our folks were once in the same situation that newcomers find themselves in: overworked, exploited, and demonized for quick political gain. It’s time for the Italian American community to finally reclaim our social justice tradition, divorcing the dazed and confused explorer who discovered a country that was already inhabited. Instead of Columbus, we honor the Italians, Cubans, and Spaniards of Ybor City, Fla., who worked in the cigar industry and were able to create a Latin culture based on values such as working-class solidarity and internationalism (see “Lost and Found: The Italian American Radical Experience,” Monthly Review, vol. 57, no. 8). We also remember the Italian American radicals who were a part of labor actions in the early 1900s, including the Lawrence textile, Paterson silk, Mesabi Iron Range, and New York City Harbor strikes. This year, instead of conquest, we acknowledge those who stood up for justice. Everyone knows about Al Capone, but what about Mario Savio, a founder of the free speech movement in Berkeley in the ’60s? Most people can recite the names of Italian American singers such as Madonna and Frank Sinatra, but they don’t know Cammella Teoli, the 13-year-old southern Italian girl who appeared before Congress in 1912 to testify in her broken English about the horrible working conditions in America’s sweatshops. It’s not surprising that Italian Americans forgot those things. We faced a lot of discrimination when we arrived: two unionists, Nicola Sacco and Bartolomeo Vanzetti, were falsely accused of murder and executed. Italian Americans in the south were lynched by white supremacists. During World War II, thousands were relocated or jailed on suspicion of being enemy aliens. After the war, the anticommunist witch hunts began with the arrest and deportation of Italian American radical Carl Marzani. Today, Italian Americans don’t have to face these threats, yet those who immigrate from Central and South America, Asia, and the Middle East do. It is unlikely that Congress will pass any form of legislation reform this year, and many cities have instituted local statutes designed to run immigrants out of town. Minutemen and similar groups are harassing day laborers in the Bay Area and beyond. As Italian Americans, we call upon our paesani and paesane to remember our roots. Emboldened racists can be stopped — when those of us they claim to represent support the work of grassroots organizations of color bravely confronting these throwbacks. By divorcing Columbus, we start to break down the logic of conquest, which invariably leads to wars abroad and repression at home. SFBG Tommi Avicolli Mecca and James Tracy Tommi Avicolli Mecca and James Tracy are Italian American radicals who organize the annual “Dumping Columbus” reading. This year it’s Oct. 9, 7 p.m., City Lights, 261 Columbus, SF, featuring the legendary Diane DiPrima.

In the family way

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› paulr@sfbg.com
When last I saw John Lombardo, proprietor of Lombardo’s Fine Foods, he was hurrying along the sidewalk outside the windows of his recently expanded Mission Terrace operation — a café now adjoins the catering kitchen — on his way home to … change the baby’s diapers? He had revealed to us his domestic mission, with apologies and having first checked to make sure we were satisfied with our food, and it is some measure of how satisfied we were that I forgot why he said he was rushing forth almost as soon as he’d said why. He vanished with a wave of his hand (the family place is just around the corner), and we waved back before reimmersing ourselves in an evening of home cooking, an orgy of manicotti, macaroni, orzo, and lasagna, all made according to what Lombardo told us were “family recipes.”
Cultural dry rot takes many forms — as we can see just by glancing around us these days — but one of the most insidious of those forms, for me, is the loss of ancient culinary knowledge passed down through generations, until some generation isn’t interested or can’t be bothered, and the chain breaks, the knowledge is lost, people end up ordering boxed pizza or microwaving canned soup in desperation. Some family recipes do get written down, and written recipes are better than nothing, but most of them don’t get written down. There is no better way to learn to cook, moreover, than by watching someone who knows what she or he is doing. Cooking is a sensual experience — it requires the engagement of the senses, all of them — and even the best written recipe can never be much more than a ghostly guide by comparison.
Who taught Lombardo how to cook? He graduated from the California Culinary Academy and has been a professional caterer for more than 20 years, so there we have at least two nonfamilial elements of the answer. But as my companion and I stood at the glass case, pointing at this and that with a question or two, Lombardo’s answers tended to include the phrase “family recipe” with some frequency. An orzo salad ($4), for instance, with julienne red bell pepper, shreds of mint, and crumblings of sheep-milk feta cheese folded into the ricelike pasta, was a family recipe. So was manicotti ($6.50), flaps of pasta like pig’s ears stuffed with herbed ricotta cheese and bathed in a garlicky marinara sauce decorated with basil chiffonade. We mopped up the last of the marinara sauce with chunks of grilled Italian bread.
The lineage of the lasagna ($10) did not come up, but any mother (or father, for that matter) would have been proud to bequeath to later generations the animating combination of beef and fennel-scented sausage at the heart of this classic dish. The addictive roasted red-pepper soup (thickened with potato and laced with sunflower seeds), which appeared as an opening act, wouldn’t be a bad legacy either.
Opinion at our little table (the café is tiny: just a handful of tables, though lots of windows) diverged rather startlingly on the matter of the macaroni and cheese ($8). We have never before disagreed about mac and cheese, have loved every one, fancy or plain, with Gruyère and Emmentaler or jack and American — yet the assessor across the table did not quite care for this version, with its faint, Asiatic breaths of nutmeg, turmeric, and mustard seeds and its vivid yellow color, while I found those effects (apart from the yellow) reminiscent of pastitsio, a traditional and beloved Greek dish. We did agree that the accompanying black-bean chili, with its pipings of crème fraîche, was lovely.
For Lombardo, pasta is very much the motif and casserole the method, but his flavor palettes, while heavily Italian, are not exclusively so. Besides the black-bean chili, there is also a fine turkey enchilada casserole ($9): almost a kind of Mexican lasagna, built on a floor of masa and including roasted poblano peppers, white cheese, a chili-scented tomato sauce, and plenty of turkey meat — stringy but tender, like Thanksgiving leftovers.
And there is life beyond pasta and casseroles: the café also offers a range of grilled panini — slices of grilled Italian country bread enclosing such treats as roast beef ($9). The roast beef sandwich includes caramelized onions, shavings of Gruyère, and smearings of horseradish sauce, with a crouton-rich (and under-anchovied but still quite tasty) Caesar salad on the side.
The front of the tiny house is intermittently overseen by Lombardo’s wife, Gwen, whose presence enhances the family-affair effect. She takes orders, runs the cash register, and serves the food while her husband the chef works behind her in the open kitchen, which occupies the long leg of the L-shaped space. It is possible that she also occasionally dashes home on some child-related errand, but when she is in situ, the Lombardos are not so much a power couple — the Bob and Liddy Dole of food — but joint laborers for love in a field that, while difficult, still makes room for little guys. For the restaurant business remains surprisingly, stubbornly local; yes, there are chains, but the chains tend to remind us of how many places are not chains: are instead unique, are expressions of a single sensibility, or are the product of a determined team that’s found a neighborhood niche. Will Lombardo’s Fine Foods turn out to be life’s pinnacle for John and Gwen Lombardo? The excellence of the orzo salad suggests to me that the answer is no — heights still to be scaled — but in the meantime, home is where the heart is. SFBG
LOMBARDO’S FINE FOODS
Continuous service: Tues.–Fri., 11 a.m.–9 p.m.; Sat., 9 a.m.–9 p.m.
1818 San Jose, SF
(415) 337-9741
www.lombardosfinefoods.com
Beer and wine pending
AE/MC/V
Moderately noisy
Wheelchair accessible

The people’s program

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OPINION San Francisco progressives have spent years getting on the political power map. We have achieved amazing victories, such as the 2000 sweep that defeated the Brown machine and ushered in an independent Board of Supervisors. At times we’ve gotten mired in sectarian clashes that have prevented unity around a common vision. However, such obstacles and stumbles have taught us valuable lessons that can be the building blocks for a vibrant people’s movement. To be successful, we progressives need to have a clear vision and to keep asking ourselves questions. What does it mean to be progressive and for progressives to have power? Assuming we all agree that progressive unity is a necessary foundation for social change, what should unity look like today? And if we’re successful at maintaining power, what do we want to look like five and 10 years from now? In the first year following its founding convention and with these questions in mind, the San Francisco Peoples’ Organization (SFPO) has chosen to focus on three issues central to the lives of all San Franciscans — health care, affordable housing, and violence prevention. Over the past year, this fledgling organization has logged a long list of achievements and participated in many exciting causes. The SFPO has: •worked with the Alliance for a Better California to defeat Governor Arnold Schwarzenegger’s special election measures in November 2005; •assisted in the development and passage of Supervisor Tom Ammiano’s Worker Health Care Security Ordinance, creating universal health care for local residents; •advocated for Supervisor Chris Daly’s recently passed legislation to increase mandatory levels of affordable housing in new housing developments; •took a leadership role in uniting communities of color and progressives to fight for Proposition A’s homicide and violence prevention efforts, including a host of new budget initiatives addressing some of the root causes of violence; •launched an e-mail dispatch that reaches over 5,000 constituents and highlights local progressive issues, campaigns, and events; •played an active role in the UNITE-HERE Local 2 contract campaign, attending pickets, planning meetings, and participating in civil disobedience. Part of our effort involves critically analyzing the policy agendas of our elected lawmakers and making recommendations. Mayor Gavin Newsom, through his highly visible work to legalize same-sex marriage, rightfully gained the respect and admiration of progressive San Franciscans. However, same-sex marriage is only one issue; Mayor Newsom should not be given carte blanche among progressives for this single act. The SFPO’s second annual convention will take place Sept. 30 at St. Mary’s Cathedral. Please join us. We cannot wait to work together. The future of our city — who we want to live here, who we want to work here, who we want educated here — is being determined now. SFBG Jane Kim and John Avalos The writers are president and vice president, respectively, of the San Francisco Peoples’ Organization. For more information about the SFPO and the Sept. 30 convention, go to www.sfpeople.org.

Battle for Bayview

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› steve@sfbg.com
It’s been a week since City Attorney Dennis Herrera invalidated the seemingly successful referendum drive challenging the Bayview Hunters Point Redevelopment Plan, and everyone involved is still wondering what’s next.
Can the biggest redevelopment plan in city history just move forward as if more than 33,000 city residents hadn’t signed petitions asking to vote on it? Legally, that’s where the situation now stands. But even Herrera told the Guardian that the legal question he answered is separate from the policy and political questions.
Should the Board of Supervisors hold a hearing to discuss the controversial issues raised by redevelopment and this referendum? Should it consider repealing the plan and allowing a ballot vote, as some supervisors want?
And if each referendum petition must include a thick stack of all related documents, as Herrera’s opinion indicates, won’t that make it prohibitively expensive for a community group to ever challenge such a complex piece of legislation? Have the citizens in effect lost the constitutional right to force a referendum on a redevelopment plan?
“I can’t speak to what the practical effect will be. I can just tell you what the state of the law is,” Herrera told us, noting that referendum case law clearly indicates that the petitioners should have carried the 62-page redevelopment plan and all supporting documents, not simply the ordinance that approved it.
A “TERRIBLE” DECISION
Four supervisors — Chris Daly, Tom Ammiano, Gerardo Sandoval, and Ross Mirkarimi — voted against the plan in May. All have expressed concern about Herrera’s decision, but none have yet called for a hearing.
“Whether you agree or disagree with this opinion on the validity of the redevelopment referendum, it raises some grave concerns that this process — a democratic, grassroots process — was overturned,” Mirkarimi told us. Daly called the decision “terrible.”
Yet given that they need the support of at least two more supervisors to reconsider the plan, Mirkarimi conceded that the next step will probably have to come from a lawsuit by the petitioners, a move referendum coalition leaders Willie Ratcliff and Brian O’Flynn say they intend to pursue if political pressure fails.
“It’s unclear what the next steps are to dislodge this from the legal shackles that knocked it down,” Mirkarimi said. “Something doesn’t smell right, and it’s difficult to trace the odor completely without the courts getting involved.”
But Ratcliff hasn’t given up on forcing a political solution, which he is pushing through his coalition and the San Francisco Bay View newspaper he publishes. The paper last week ran a story on the decision under the hyperbolic headline “City Hall declares war on Bayview Hunters Point.”
“We’re talking to lawyers, but to us the last resort is going to court. We feel we can pull it off politically,” Ratcliff told us. “What this did really was unite this community. If the city will pull this kind of thing, how are we going to have any faith in this plan? We’re going to flex our power…. People are ready to fight now.”
One gauge of Ratcliff’s support in the community will come on the afternoon of Sept. 27, when he will lead a march and rally on the issue. The event is tied to the 40th anniversary of the so-called Hunters Point Uprising, when a teenager was shot by police and the resulting community backlash was violently quelled using National Guard tanks and police sharpshooters.
“With the 40th anniversary of the Hunters Point Uprising of Sept. 27, 1966, only days away, this sounds like a declaration of war against the same people who protested then and are protesting still against police brutality and for jobs, economic equity and the right to develop our own community and control our own destiny,” Ratcliff wrote in a front page editorial.
Ratcliff told us, “We’re going to have a big march out there to show the city that we oppose this plan.”
THE PLAN IS IN EFFECT
Herrera’s opinion on the referendum was requested by Mayor Gavin Newsom, the San Francisco Redevelopment Agency, Board of Supervisors president Aaron Peskin, and Sup. Sophie Maxwell.
Redevelopment Agency director Marcia Rosen told the Guardian that fears of redevelopment stem from how badly it was handled in the Western Addition in the 1960s, but that the agency and the political climate of the city have changed. She said the agency is approaching Bayview–Hunters Point in an incremental, community-based fashion. She said the plan should go forward and will eventually prove the fears are unfounded.
“The plan was adopted by the board and signed into law by the mayor, and there is no further action needed, so the plan is in effect,” she told us.
Maxwell and Peskin each said they’re inclined to just let the redevelopment plan go into effect, although Peskin said, “I’m not going to stop any supervisor from having a hearing on any subject.”
“It’s important to understand that this plan is a living document, so there will be changes and people talking to each other,” Maxwell told us. “It’s certainly not the end of anything.”
She told the Guardian that the referendum campaign used paid signature gatherers, money from a developer from outside the area, and distorted claims about eminent domain and other aspects of the plan — misrepresentations that signers could have checked if the plan was readily available as legally required.
“The democratic process has to be taken seriously, and democracy is not easy,” Maxwell told us. “The decision was about preserving the democratic process, and people need to have facts at their disposal. There has to be a process and there has to be a standard.”
That’s certainly true — and O’Flynn is a contractor who lives in the Marina. But it’s hard to imagine how carrying around thick stacks of paper filled with complex land-use plans would have made a difference. Most signers would never have stopped to take several hours to read it all.
John Matsusaka, president of the Initiative and Referendum Institute at the University of Southern California School of Law, said that referendum case law has been built around a few courts validating actions by civic officials to strike down citizen movements.
“The sad fact is it looked like elected officials are trying to keep measures off the ballot and looking for ways to support that,” Matsusaka told the Guardian. “Preventing the people from voting is really not going to bring harmony to the community.” SFBG
The Defend Bayview Hunters Point Coalition’s Sept. 27 march begins at 3:30 p.m. at the Walgreens at 5800 Third St. and Williams and continues up Third Street to Palou Street, where there will be a press conference and rally at 4:30 p.m.

City attorney and the cops

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By Tim Redmond

City Attorney Dennis Herrera released his official opinion on how the Police Commisison has to respond the the utterly horrible California Supreme Court decision on secrecy in police discipline cases. I’m not happy.

I realize that the Supreme Court has spoken on this, and that the city attorney of San Francisco can’t just openly defy the Supremes. But there are some (small) openings in the ruling; among other things, it specifies that records in police discipline cases have to be closed, but pointedly does not address the issue of open hearings. Herrera’s opinion pretty much says there’s not a damn thing the Police Commission can do other than shut down all public access to information about cops who have behaved badly. I like and respect Herrera, but I have to side with Poice Commission vice president David Campos, who told me this afternoon that “if there’s even a small opening, we should try to pursue it.”

The terror of Prop. 90

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OPINION San Francisco could see an end to rent control — and minimum-wage requirements and a lot of zoning regulation and environmental protection laws and much more — if Proposition 90 passes this November. We could see an end to limits on condo conversions and an end to requirements that developers build affordable housing units and even an end to limits on the height and density of new developments. That’s because Prop. 90 is a clever trap that purports to restrict the use of eminent domain but in reality eliminates all government regulation of land use.
Prop. 90 really says little about eminent domain; it just uses the notion of restricting the ability of government to seize private land as the bait. Most of the initiative is aimed at ending all government regulation of property. Its concept is simple: if any government regulation reduces the actual or potential value of property — even by a dollar — then the government would have to reimburse the property owner the difference.
For example, if a landlord would be able to get $3,000 a month on the open market for an apartment but rent control limits what a long-term tenant has to pay to $1,500, then the landlord would be able under Prop. 90 to sue San Francisco for the difference. Think about that: about 200,000 rental units in the city are under rent control. Say the average difference between the market rent and the rent-controlled amount is $500 per month. That would mean landlords could collectively sue San Francisco for $200 million each month, or $2.4 billion each year. Since San Francisco obviously can’t afford to put half its annual budget into compensating landlords, there would be no choice but to repeal rent control.
Landlords would also be able to sue for the difference between what their buildings are worth as rental properties and what they are worth as condominiums. Any property owner denied the ability to convert to condominiums could then sue for that difference in value. Since a property subdivided into condos is worth about 50 percent more, this bill would be huge.
The list of disasters goes on and on. If a developer is required to make 15 percent of the units in a housing project affordable, then the developer could sue to make San Francisco pay for the lost income. If zoning laws limit heights in a neighborhood to three stories but a developer wants to build a 10-story condo tower, the developer could sue the city for the lost value of those seven stories of condos.
And it’s not just land-use and tenant protection. The city and the state both have minimum-wage laws; potentially, every business owner could sue to demand compensation for the loss of income that came from mandating higher wages than the market might have allowed. That would be the end of minimum-wage laws. Environmental protection and mitigation could face the same fate.
Prop. 90 is by far the worst measure on this year’s ballot; in fact, it’s the worst measure to come along in quite some time. It’s a plot by right-wingers to gut the ability of government at any level to force businesses and property owners to accept even basic standards of behavior in the name of the public good. The measure hasn’t gotten a whole lot of media attention, but defeating it should be a top priority for every decent Californian. SFBG
Ted Gullicksen
Ted Gullicksen is director of the San Francisco Tenants Union.

Reconsidering redevelopment

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By Steven T. Jones
My head is spinning after reading both the City Attorney’s Opinion that struck down the successful referendum drive challenging the Bayview Hunters Point Redevelopment Plan, and the redevelopment plan itself. Reading the actual 62-page plan and its supporting documents is what Herrera contends voters needed to be able to do before signing the referendum. I contend that few sane citizens have the stomach or tools they need to glean much meaning from this big pile of governtese. And for wonks like me who have a long history of poring through these kinds of documents, I can’t say that I found much in there to disabuse me of the notion that redevelopment was, is, and will probably always be a tool for displacement of citizens and subsidies for private developers, with only vague and easily waived controls on how the Redevelopment Agency operates. One exception in this plan does appear to be the outright prohibition of using eminent domain to seize houses — a needed protection against a tool the Redevelopment Agency used to cleanse the Fillmore of low-income black people — although other properties can still be seized, despite plan proponents claims that eminent domain is banned by the plan.
But my point here is not to rehash the plan, which you can read yourself (and could have read yourself before signing the petition, whether or not the petitioners had a copy with them for you to spend a couple hours reading on a street corner). No, my main point is that the plan is a big deal, one that should be voted on (at the very least by BHP residents). And it’s sad to see city officials circling the wagons instead of allowing that to happen, particuarly when state law calls for city officials to err of the side of letting people vote, as even this opinion concedes.

The age of 9/11

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OPINION We all remember where we were on Sept. 11, 2001. The event rocked the world as the last remaining superpower was attacked in full view of its citizens. The images entered our collective consciousness, and we began a new era of global unrest. The gloves came off, diplomacy was mocked, and the United States blasted onto the world stage, weapons drawn.
Let’s not relive the events of Sept. 11. We have been reminded of that morning over and over as it has become the sole source of George W. Bush’s foreign policy. The international war on terror has taken center stage as Bush and others have used it as a pretext to undermine the pillars of democracy — the rule of law and transparent government. We now take racial profiling for granted. We watch as people are kidnapped from their countries and imprisoned indefinitely. Illegal torture is commonplace, as is the hideous killing of civilians, and now we hear accusations that our soldiers in Iraq seek revenge through rape and murder. We are forced to accept the USA PATRIOT Act and illegal National Security Agency surveillance, supposedly for our own good.
As Bush used Sept. 11 to justify a renewed campaign of imperialist aggression, he also eviscerated social programs at home. He gutted the Federal Emergency Management Agency and placed it under the control of the Department of Homeland Security, leaving us unable to respond adequately to natural disasters. He deployed our National Guard overseas and depleted our treasury to pay for war. He failed to address global warming, in deference to industry supporters. Finally, we have had to let go of the assumption that our government would protect its own people, as we ask: when did the Bush team know about Sept. 11? Will this question take as long to answer as “Who killed JFK?”
Nothing about the Bush regime is working for the average citizen, and yet all of the above have been completely normalized and barely contested by Congress, with hardly a whimper, a press conference, or a filibuster. Five years later, Bush still attempts to build his legacy on the twin towers of fear and aggression, working with the pathological paranoia that has become the hallmark of our 21st-century society.
But five years later, public opinion is reversing. Impeachment, which once seemed as far-fetched as due process for Guantánamo prisoners, has become a rallying cry for the next election. The San Francisco Board of Supervisors recently passed a resolution in support of Bush’s impeachment, and Sup. Chris Daly has sponsored another one, which will appear on the November ballot. They are an important response from the people to a criminal administration and an anemic Congress. If Bill Clinton can be impeached for a sexual indiscretion to the tune of $60 million in tax dollars and Bush gets off scot-free, what are we telling our children? That a blow job is worse than blowing up a country, and that illegal lying and spying play second fiddle to a marital blunder? The Christian fundamentalists who run our country would have us think so.
Vote for Chris Daly’s impeachment resolution. Yes on J! SFBG
Krissy Keefer
Krissy Keefer is the Green Party candidate for the 8th Congressional District.

Bad cops walk into the shadows

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› gwschulz@sfbg.com
In late June, two San Francisco police officers were accused of giving beer and vodka to three teenage girls and making sexual advances toward them. One of the young women was just 16 years old, and the two others were 17. The alleged conduct of the officers occurred both in and out of uniform, and they even reportedly offered the girls confiscated fireworks from the trunk of their patrol car.
In February, an off-duty San Francisco Police Department officer was arrested for threatening to kill his ex-girlfriend and their 5-year-old daughter during a domestic quarrel. The officer was awaiting disciplinary hearings before the San Francisco Police Commission, according to the most recent public records of the matter.
In March 2005, an SFPD domestic violence inspector was arrested for driving drunk through Marin County and smashing into another car. Fairfax cops found the inspector had a blood alcohol level of 0.27 percent, more than three times the legal limit. She was eventually suspended by the SFPD for 45 days.
These are just a few cases of alleged misconduct that have recently appeared before the Police Commission. And they’re among the last cases, which until now were available through state open-record laws, that most people will ever know details about. Due to a state Supreme Court ruling issued at the end of August, citizens and the press will be unable to access most public information about why individual officers are charged with vioutf8g department rules or even possibly breaking the law.
“It’s devastating,” said Rick McKee, a longtime open-government activist and president of the Sacramento-based group Californians Aware. “It creates a two-tiered system of public access: one for general government employees and another for police officers…. There was no considerable thought given to what this does to the public’s right to know.”
Records of misconduct charges have largely been open in San Francisco until now. The public could access summaries of misconduct charges, filed either by the San Francisco Office of Citizen Complaints (OCC) or the police chief’s office, and attend hearings at the Hall of Justice that included testimony from the officers. No longer.
An attempt by the Guardian last week to obtain misconduct records from the Police Commission was blocked by administrative staff, and two disciplinary hearings scheduled for Sept. 6 and 7, ordinarily open to the public, were cancelled due to uncertainty surrounding the decision in Copley Press v. San Diego County.
Historically, the names of officers investigated by the OCC and charged with misconduct by the chief were not revealed publicly until their cases had made it to the commission, which is where the Guardian has obtained them in the past. In other words, frivolous charges of police brutality, for instance, weren’t immediately disclosed to the public. Personnel files maintained by the department could remain secret, but cities and counties individually decided what independent review commissions could make available.
The Aug. 31 Supreme Court ruling greatly broadens the scope of privacy laws that exclusively protect cops from the disclosure of disciplinary records maintained by police departments. The decision now shields disciplinary records previously available either through records requests or citizen review panels, such as the OCC.
Guylin Cummins, an attorney who represented a Southern California newspaper in the public records challenge that led to last week’s ruling, said Sacramento legislators never intended to completely curtail access to disciplinary files.
“Nowhere in the legislative history does it say, ‘We’re going to trump the [California Public Records Act],’” Cummins said.
But an attorney for the Deputy Sheriffs’ Association of San Diego County, Everett Bobbitt, told the Guardian that public defenders and litigants were compiling the records in databases to use arbitrarily against cops in court.
“You’d go to one county and they’d restrict [the records], and you’d go to another county and they wouldn’t,” he said. “I thought that wasn’t fair. There was a lot of personal material in those files.”
Steve Johnson, a spokesperson for the San Francisco Police Officers Association, said the group has always believed that the California Penal Code extended such privacy rights to officers, but that the Police Commission had regularly declined to honor them. When we contacted him, he had yet to read the Copley decision.
“We have always been of the opinion that the city should comply with the penal code…. Our attorneys have made motions in the past, but they were denied,” Johnson said.
The case that led to last week’s decision began in 2003 when a San Diego deputy sheriff was fired for failing to arrest a suspect in a 2002 domestic violence dispute involving a clearly injured female victim. The deputy then didn’t report the incident and manipulated his patrol log to depict the call as less serious than what was actually probable cause for an arrest. He appealed the termination but requested that the hearing be kept confidential.
As a result, the San Diego Union-Tribune was barred from attending the hearing, and a public records request for details of the disciplinary proceedings was denied. The paper’s parent company, Copley Press, sued to retrieve the deputy’s name, among other things, but a trial court in San Diego denied relief. Further records requests by the paper following the decision prompted the San Diego Civil Service Commission to reveal some additional details, but only in redacted form. The deputy’s name was still withheld.
Following a closed-door commission meeting, the deputy’s firing was changed to a resignation and the charge that he falsified his patrol log was removed from the record. The Union-Tribune went to an appeals court judge asking for the deputy’s name and any additional evidence of the agreement, including documents and audiotapes, from the case. The lower-court decision was overturned there. But along with the Supreme Court, where the case eventually arrived, the appeals court never technically ruled on public access to disciplinary hearings. It only addressed disciplinary records.
“[The decision] is not saying that civil service commission hearings are closed,” said Susan Seager, a First Amendment lawyer in Los Angeles who submitted an amicus brief to the Supreme Court on behalf of the Union-Tribune. “I think that’s the debate here.” But because so much material presented at the hearings comes from personnel files, Bobbitt responded, they’ll likely have to be closed in order to comply with the decision.
Journalists at the Union-Tribune, for their part, obviously dislike the ruling.
“Certainly officers have an understandable motive for being fiercely protective of their privacy,” the paper wrote in a Sept. 2 editorial. “Yet decades of scandals across the nation show that police cover-ups of internal misconduct are disturbingly common. The idea that police often operate under a ‘code of silence’ isn’t just a figment of a pulp novelist’s imagination.”
It’s not easy being a cop in this city. San Francisco for the most part ideologically opposes rigid, law-and-order conservatism. Pressure on the SFPD to do something about the city’s alarming rate of gun violence continues to swell. And few people even want to be a cop anymore, leaving the department chronically understaffed and forcing the city to pay out millions of dollars for overtime expenses.
But bad cops are a fact of life.
More than 70 cases of alleged police misconduct were sustained by the OCC and sent to Police Chief Heather Fong for action last year. Literally hundreds of misconduct cases involving still-incomplete investigations were pending by the end of 2005. The department’s own internal affairs arm, which handles additional misconduct probes, sustained 63 cases of misconduct in the second quarter of 2006.
In exchange for receiving a considerable amount of power, cops have always been responsible for maintaining a higher standard of conduct, a fact enshrined in the Police Department’s own General Orders.
“Police officers are empowered to deprive other citizens of their freedom when they violate the law,” the orders state. “Because they have this power, the public expects, and rightly so, that police officers live up to the highest standards of conduct they enforce among the public generally.”
In the 6–1 Copley ruling, Justice Kathryn Werdegar stood alone in her dissent, arguing that “the majority overvalues the deputy’s interest in privacy, undervalues the public’s interest in disclosure, and ultimately fails to implement the legislature’s careful balance of the competing concerns in this area.”
The majority opinion, written by Justice Ming Chin, stuck mostly to technical details and argued that the appeals court erred in not defining the San Diego Civil Service Commission as an “employing agency” of the deputy, a key legal distinction.
Ultimately, the convoluted decision seems to beg for clarity from the legislature, but taking on privacy rights for cops could be tantamount to political suicide in Sacramento. One of the state’s most powerful lobbying groups, the California Correctional Peace Officers Association, would be affected by changes in the law. Bobbitt warned that any attempt by the legislature to toy with the decision would be met with fierce resistance.
“Law enforcement associations will lobby very hard against any changes that would impact this decision,” he said.
The view is a little different in San Francisco. Police Commission president Louise Renne — who is hardly known as a bleeding heart liberal — told the Guardian, “I don’t think the state Supreme Court made the right decision from a public policy point of view.”
For now, at least, six state Supreme Court justices have moved one of local government’s most powerful entities deeper into the shadows. SFBG

Saving women from themselves

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OPINION In the name of protecting sex workers, a few San Francisco activists have adopted the rhetoric of antiprostitution advocates and taken their case to the San Francisco Commission on the Status of Women (COSW). The commission, following this lead, has adopted a controversial strategy — opposed by the vast majority of dancers, activists, and sex educators — to close down VIP rooms, private booths, and private areas in adult clubs and repeal “encounter studio” permits, claiming that privacy in commercial sexual contexts must be stopped because it causes prostitution, sexual assault, and AIDS.
For starters, the AIDS claim is wrongheaded: starting 30 years ago, activists around the world have explained that the way to address sexual health is not to drive people further underground through this exact sort of repression.
Beyond that, the legislation put forward by the COSW echoes contemporary moral panic. This law uses terms that have historically been used to curtail our freedom under the guise of protecting women. For example, the proposed bill claims that prostitution is “coerced” — but that depends on how you define coercion.
Forced labor and coercion are serious crimes in the legal framework. But economic coercion is the motivation for many types of work, and the fact that women are coerced or forced into this work is being used to justify prohibitions that affect all sex workers. The term “sexual exploitation,” which also comes up in the legislation, has been used to describe (and curtail) the voluntary commercial activity of sex workers.
The commission claims it based the proposal on testimony from dancers but omits the fact that the vast majority of dancers rejected the approach, showing up in droves at hearings. Of course, dancer and sex worker rights activists support some strategy to address complaints about unfair labor practices, exorbitant commissions, safety concerns, and harassment — but no effort was made by the COSW to find a consensus.
The campaign developed by the COSW places dancers in closer alliance with management as both dancer options and management options are being threatened. This phenomenon is part of Sex Worker History 101. The current dancers are further alienated and discouraged by this dynamic from organizing to improve working conditions. Unraveling this dynamic is necessary to further labor advocacy in this industry. The issue of private booths distracts from the problems of illegal stage fees, contractor versus employee labor issues, and Occupational Safety and Health Administration regulations.
Other parts of the plan include allowing COSW representatives to inspect the workplace and to “notify the Commission on the Status of Women when they make any change to the compensation schedule.” Now there’s a great idea: put the classy female elders of San Francisco in charge of working-class women in the sex industry.
This legislation sets some very troubling precedents. Solutions to problematic working conditions in clubs should be developed by the workers, with assistance from labor experts. Given the level of polarization this proposal has created, that could take some time. SFBG
Carol Leigh
Carol Leigh, author of Unrepentant Whore: The Collected Works of Scarlot Harlot (Last Gasp), is dean of academic studies at Whore College.
To read the legislation, go to www.whorecollege.org/badlegislation.

CENSORED!

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

The attack on public housing

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OPINION If the Bush administration has its way, conditions for San Francisco’s public housing residents are about to get much worse.
The San Francisco Housing Authority, which operates 6,000 units of public housing, is facing a $7 million shortfall this year due to Republican-led cuts to the Department of Housing and Urban Development (HUD) budget. Congress has already cut the public housing budget by $1 billion since 2001 and has now created a $300 million shortfall in operating funds for already cash-strapped public housing agencies. As a result, agencies will receive 85.5 percent of what they need. But that’s not all. The president’s proposed budget for 2007 guarantees that funding will drop again to (at most) 80 percent of the need.
San Francisco will be one of the hardest-hit housing authorities. That’s because HUD uses a nonsensical funding formula that unfairly cuts funds to some agencies while providing increased funding for others.
The impact of these budget cuts is alarming, as agencies try to do more with less. Housing authorities across the nation are being forced to cut back vital tenant services such as security and maintenance.
The impact on San Francisco’s public housing residents will be nothing short of disastrous. The housing authority will now have to operate with only $342 per unit (down from $454).
Since Bush took office, per unit funding has declined sharply, from $585 in 1999; combine that with rising housing costs and other expenditures and you’ll see that San Francisco’s poorest have been hit hard. Residents are plagued with deferred maintenance and growing repair needs. Units sit empty because there are no funds for rehab. Shootings continue on many public housing sites while cutbacks in security are made. There’s a backlog of $245 million in immediate capital improvements needs and no plans for new development, despite the 30,000 families who have been languishing for years on the waiting list.
A loss of $7 million will mean dire consequences: longer turnaround on repairs, less secure buildings, and a further halt to modernization and new construction — this at a time when the agency has already failed its tenants and when housing costs continue to climb out of reach of San Francisco’s homeless and low-income families. Congress must take a stand now and stop the Bush administration and its unconscionable attempts to dismantle low-income housing programs. Democrats in Congress should take the lead and demand that a $300 million budget supplemental for public housing be passed to stop the losses for this year. It will also take strong leadership to ensure that public housing is fully funded for 2007. If the Republicans succeed once again in ridding cities of housing for the poor, it would be, as Erni Young of the Philadelphia Daily News wrote, nothing short of “an act of domestic terrorism perpetrated by our own government.” SFBG
Sara Shortt
Sara Shortt is an organizer with the Housing Rights Committee.
To send a letter to your congressional representative, visit www.localimpact.org.

Eureka! There’s more Eurekaism!

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What happens to the news when the conglomerati corner the Bay Area newspaper market

By Bruce B. Brugmann (B3)

As you will remember from my last blog, I unveiled the term Eurekaism to replace the term Afghanistanism for the bad habit of many daily papers to cover stories in Eureka, but not the local big scandal or embarrassing stories in their hometowns.

Well, as I was pedaling away this morning on my cardio machine at the World Gym,
I turned as usual in the Hearst-owned Chronicle to find the day’s real Eureka style news: the second page of the business section under the Daily Digest section. Today, surprise, surprise, the Eureka story was below the fold with a nicely disguised head that read: “State won’t challenge newspaper sale.”

Eureka! There was a rummy little five paragraph story that announced a major new development in the major running story of the emerging new regional media megaconglomerate (Hearst/MediaNews Group/Singleton/Gannett/Stephens/McClatchy). The development: Atty. Gen. Bill Lockyer announced that his office will not take antitrust action over the McClatchy sale of the San Jose Mercury-News and Contra Costa Times to Singleton, but that he would investigate a three-way transaction between the companies and Hearst. The story quoted Lockyer as saying without blushing in his standard line to remove-all-pebbles-from-any-impending consolidation: “It does not appear that these transactions will result in a substantial reduction in competition,” though most everyone in the Bay Area knows otherwise. It is a major story that ought to be regularly covered on the front pages of all the papers, with context, perspective, outside expert opinion, mainstreet commentary, and some tough questions of Lockyer. But the megaconglomerate is either censoring, trivializing or burying the story with axe and shovel.

For example, the Chronicle story was not a Chronicle story, but a Reuters wire service story datelined New York (we pulled down the Reuters story from the Reuters website.) The difference between the Reuters and Chronicle stories was telling: Reuters had a better head, “California Oks McClatchy-MediaNews paper sale,” while the Chronicle left out the local Hearst angle. The Chronicle also cut out five key paragraphs from the Reuters story, notably three that made some embarrassing points:

“The move would result in MediaNews owning most of the largest dailies in the area, including the Oakland Tribune. Hearst owns the San Francisco Chronicle.

“San Francisco-based real estate investor Clint Reilly had filed an injunction to halt McClatchy’s sale of San Jose Mercury News, Contra Costa Times and Monterey Herald.

“He argued the sale would put all three California in a partnership controlled by MediaNews and including Gannett Co. Inc. and privately held Stephens Media Group, therefore reducing competition and harm (sic) advertisers and readers…”

Meanwhile, on the Contra Costa Times, George Avalos wrote a misleading three paragraph story that the “state decision clears away the final regulatory impediment to the MediaNews purchase of the Bay Area papers.” No mention of the continuing Hearst/Singleton investigation nor the
Reilly suit.

Down at the Mercury-News, an unbylined story buried the AG’s statement in the last two paragraphs of a five paragraph story trumpeting the new four man team that will run the nation’s “4th biggest newspaper chain.” No mention of the Reilly suit nor the continuing Hearst investigation.

And what happens on a paper not owned by any of the conglomerati? The headline on the East Bay Business Times got it right: “Attorney General continues to look at Hearst deal.”

I repeat: show me a paper owned by any of the Hearst/MediaNews/Singleton/Gannett/Stephens/McClatchy papers that is really covering the story. Alas, the links below indicate the pattern of how badly they are covering the story. (At the time of this writing, we couldn’t find the Hearst story on the Chronicle website.)

Coming next: Let’s play Eureka!! B3

Contra Costa Times

Mercury News

Reuters

Eye spy

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› andrea@altsexcolumn.com
Dear Andrea:
I’ve found myself a femmy boy who’s willing — nay, enthusiastically prepared — to wear green eye shadow in public. This is delicious. However, we live in Colorado Springs, which is for its size a wealthy and well-educated town but also is headquarters for Focus on the Family, New Life Church, Will Perkins, Ft. Carson, NORAD, and the Air Force Academy. One of my femmy-boy friends was recently chased down an alley downtown by some of the local military simians for the apparently gender-treacherous crime of wearing a top hat. It was lucky for him he knew the area well and wasn’t nearly as plastered as they were.
My two questions about the eye shadow thing are these: first, and I understand if you’re not able to answer because you don’t live here, if we do go on a date while he’s wearing it, what do you think our chances are of finishing the evening without getting the shit beaten out of us? And second, what’s your opinion on where he should put his feet while treading the fine line between staying safe and taking a stand for the right to do what he wants with his body if it’s not hurting anyone else?
I guess the question is along the same lines as, how do you feel about him wearing a ball-gag and leash to the local Starbucks? Eye shadow is just a less overtly sexual signal. Well. To some people. Not to me.
Love,
Don’t Kick Me
Dear Kick:
Gotcha. And no, I surely do not live there, nor would I, but we did blow out a tire there on a cross-country trip once and got stranded for a couple days. Pretty town. Really nice park. I knew all that stuff (Air Force, antigay groups, etc.) was there, but you can’t tell by visiting — it’s not like there are giant “FAGS GO HOME” banners flying gaily over Main Street or anything. But would I, were I a guy, dress up in my gayest glad rags and sashay down the same main drag in a pair of darling red wedge espadrilles and a panty girdle? I would not. I suspect you would not either, were you a guy (you’re not, right?). It would be no safer for you to accompany your new girly-boy while he did it, either. There is sticking up for your inalienable right to be a weirdo, and there is stupidity. I draw the line at stupidity in any other context, so why would I make an exception for this one?
There was a time in the late ’80s and early ’90s when the all the cool kids were making a spectacle of themselves in the name of political action: “visibility,” I think we called it. All you had to do was print up some T-shirts or stickers and show up en masse where you weren’t expected, and you got to feel all brave and thrillingly transgressive and challenging to heterosexual hegemony and stuff. It was great. It was also kind of a fake — when you’re surrounded by a few dozen or hundred or thousand of your closest friends and you’re in San Francisco or New York or Washington, not Jakarta or Beijing or rural Rwanda, you’re pretty safe. Even if the cops get you, you’re going to be cited and set free; protesters in the United States are rarely brought to trial, let alone found bound and beheaded in a ditch. That doesn’t mean that nothing we do here is dangerous, though, and unfortunately walking certain streets in a state of visible gender ambiguity can still get you kicked in the face.
There is no set point on the continuum from safe but stifled to “kick me” that I can recommend you find and cleave to, never again to stray. I do not think it would be very smart to dress your boy up and parade him around near the base at bar closing on a Saturday night; nor do I think those of us who fail to conform in every particular to local community standards for gender performance need cower at home forever for fear of attracting a disapproving glance. Somewhere between “don’t frighten the horses” and “fuck ’em if they can’t take a joke” lies the perfect level of public self-expression for you two as individuals of your particular place and time. Find it. Also consider finding some fellow gender traitors with whom to make your scene, even if that scene is no more transgressive than going out for fish and chips (I’m pretty sure that’s what I ate at your local brew pub while waiting for our truck to be fixed so we could get the hell out of there) and the late showing of Snakes on a Plane. I think you’ll be OK. I wouldn’t recommend the Starbucks-and-ball-gag excursion, but that’s because it’s in bad taste, not because it could get you killed. You’ll have to use your common sense. If you haven’t got any, I really do think you’d better stay home.
Love,
Andrea

A sister fears Halloween in the Castro

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OPINION Any attempt to organize an official Halloween in the Castro is a terrible idea, maybe even a deadly one. But before I rant, let me give a little history. In the wake of the Oct. 17, 1989, Loma Prieta earthquake, a BBC story reported that “a massive rescue effort is now underway in what experts believe is the second biggest earthquake ever to hit the United States.”
More than 3,500 people were injured and 100,000 buildings damaged. For this reason, a few members of the Sisters of Perpetual Indulgence made a spontaneous decision to stand in the Castro among the drag queens and costumed folk that Halloween to put on street theater and collect donations for the mayor’s relief fund for the victims of the earthquake. A brilliant move. We collected thousands.
This put a bee in our bonnets … er … wimples to use Halloween as a fun fundraiser the next year. A tremendous success. Each year the caliber of entertainment drew more people and brought in more donations, enabling us to entertain the otherwise unruly crowds while collecting donations for AIDS charities. The events were a hit, until we saw attendees getting hit — with bottles, bats, and other deadly weapons — by drunken gay-bashers out to get their kicks. The next year we saw that police checking for weapons had collected garbage cans full of baseball bats, hammers, knives, axes (none of these were the rubber kind), and many blunt instruments that could harm people. I saw someone with a mask running a gas-powered chain saw. But when police told us that among other weapons they had confiscated an AK-47 assault rifle, that was the year the Sisters were through with Halloween in the Castro, frightened that an event we had sponsored might bring about death.
So we tried something different. Luring people away from the Castro and into a private club, we turned the Pleasuredome in SoMa into a Halloween-themed party space with ornate All Hallows Eve–oriented backdrops and props. We had stellar entertainment, and the door charge went to AIDS and cancer charities. There was only one rule: you had to be in costume. The event was called HallowQueen, with the slogan “Evolve with the Sisters as Halloween moves to the next level.” It was successful in getting people out of the Castro and into a safe space, but we couldn’t afford to do it again on our meager budget.
The attempt to move the party to the Civic Center did not work because of poor planning and insufficient advance public relations. And since the Castro was still gated off, the queer-bashers thought that was the better locale in which to be violent. There were several stabbings that year.
There should be no official gathering in the Castro. No gates set up to make it look like an event. Police should infiltrate the area to keep peace but not harass the costumed folk. And something must be scheduled by the city outside the Castro and managed well to draw the crowd away to safety. Then perhaps the Sisters will get involved again. Then maybe the Sisters will MC and run a stage. But as it is now, the cordoned-off section of the “official” Halloween will end at Market and Castro. That is potentially deadly — inviting bashers and spoilers to assemble right at the very entrance of the Castro. Boo! SFBG
Sister Dana Van Iquity
Sister Dana Van Iquity is a member of the Sisters of Perpetual Indulgence.

It’s criminal what Congress has done to the working poor

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OPINION Congress’s Republican leaders belong in prison. They have openly violated one of our most basic laws, the 68-year-old Fair Labor Standards Act. It requires Congress to set the minimum wage high enough to guarantee a standard of living necessary for health, efficiency, and general well-being.
The current rate of $5.15 an hour comes nowhere near to doing that. Even those who manage to work full-time make only $10,700 a year – $206 a week or about $900 a month, minus taxes and other deductions. They and the 15 million other Americans who are paid at or near the minimum – more than one-third of them provide the main or sole support for their families – are by any reckoning poverty-stricken and barely surviving.
The law allows states and local governments to adopt minimum-wage rates higher than the federal rate. Although California and 20 other states, San Francisco and 139 other cities and counties, and the District of Columbia have done so, the higher minimums cover only about half of the country’s workers.
Democrats have argued long and hard in the current session of Congress for a higher federal minimum, as they have in every other session since the $5.15 rate was set in 1997. But the Republicans who’ve been running Congress have higher priorities – raising their own pay and cutting the taxes that are such a burden to their wealthy supporters.
Oh yes, the GOP leaders did introduce a bill that would have raised the minimum. But the measure made that contingent on cutting the estate taxes of the very wealthy – a linkage, opposed by even some Republicans, that guaranteed the bill’s defeat.
They’ve raised congressional pay in every session since 1997, while doing nothing for the working poor. That’s added more than $31,000 to the minimum wage of congressional members, currently $165,200, with a $3,300 raise scheduled for Jan. 1. Unlike minimum-wage workers, who rarely have fringe benefits, members of Congress also get free health care, pensions, and other expensive extras.
The minimum wage for ordinary people would have risen to $7.25 an hour over the next two years under the latest Democratic proposal blocked by the GOP’s congressional leaders. Its main proponent, Sen. Edward Kennedy of Massachusetts, promised that the fight to raise the wage “will continue all across America.”
It is certain, in any case, that Democratic candidates will make it an issue in this fall’s election campaigns. They are well aware, certainly, of polls showing that an overwhelming majority of Americans favor a minimum-wage increase.
So why in the world are Republican leaders so adamantly against it?
Because their big-money backers in the restaurant business, who employ about 60 percent of all minimum-wage workers, are against it, as are many other business and corporate interests. The opponents have even formed a group, Coalition for Job Opportunities, to spread the fiction, much favored by the GOP, that a higher minimum would force employers to eliminate jobs.
Actually, the number of jobs has grown after each of the 19 times the minimum has been raised since it was initially set at 25 cents an hour in 1938.
The job growth has been spurred primarily by the increased spending of those whose pay has increased. Like all low-wage workers, they must spend virtually every cent they earn, thus raising the overall demand for goods and services and creating the need for new employees.
Think of the general benefits to society if the minimum-wage workers who now must depend on government assistance could earn enough to make it on their own.
Think of the benefits to employers. As several studies have shown, raising workers’ pay raises workers’ morale and, with it, their productivity, while decreasing absenteeism and recruiting and training costs.
Think of the benefits to small retailers. Opponents of a raise say they’d be hurt the most by a higher minimum wage, but it’s far more likely that they’d be among the greatest beneficiaries. For minimum-wage workers have no choice but to spend most of their meager earnings in neighborhood stores for food and other necessities. SFBG
Dick Meister
Dick Meister is a San Francisco-based writer who has covered labor and political issues for four decades as a reporter, editor, and commentator. Contact him through his Web site, www.dickmeister.com.

Milkbone

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› andrea@altsexcolumn.com
Dear Andrea:
Do you think lactation is sexy? My sister just had a baby, and her husband finds the breast-feeding all very erotic, and I told her there was something wrong with him. I said she should tell him to see a shrink, but she told me it didn’t really bother her. I’m worried he is brainwashing her. Do you know of any books I can give her? What should I say to keep her safe? Should I call child services if she doesn’t snap out of it?
Love,
Fretting Sis
Dear Sis:
Yikes! Are you serious? If anyone’s going to do any snapping out of anything, it had better be you. I did mention recently that I don’t find lactation or its accompanying equipment at all sexy, but my opinion here matters barely more than yours does; if it isn’t a problem for your sister, it isn’t a problem, period. I see that you want some drama and to get to be the hero and all, but too bad. Go find a stray kitten to rescue and leave your sister’s family alone.
It’s no surprise to me that the husband, incidental beneficiary of nature’s bounty, should appreciate his good fortune. Men like boobs! News at 11. Nor does it shock me that the occasional woman quite innocently experiences some sexual sensation while breast-feeding. We only have so many body parts and so many physiological responses: breast-feeding, orgasm, and emotional bonding, for instance, all release or respond to the same hormone, oxytocin, which also induces labor. For most people the pleasurable (orgasm) and the nearly unbearable (labor) could not be further apart, but individuals are not “most people.” Susie Bright, for instance, wrote about using a vibrator during labor and (I think) claimed to have had an orgasm while delivering her daughter. Pretty unusual, granted, but hell, it’s got to be better for you than an epidural.
We’ll never know how many women have felt a harmless little buzz while breast-feeding, and considering the attitudes out there (yours, for instance) we never will. It’s not just disapproval, either. Every once in a while there’s a story about a woman who’s admitted feeling something vaguely sexual while breast-feeding actually losing her kids. (OK, in the most famous of these the kid was three, which does change things, but still.)
It may be difficult to establish the requisite distance when there’s a baby involved, but it would behoove you to learn the difference between “I think that’s weird” and “I think that’s wrong and dangerous and I have the responsibility to do something about it.” Or try it this way: if you hear that your brother-in-law is turned on by the baby, then by all means freak out and panic and leap into action. If, on the other hand, you hear that he’s turned on by his own wife’s breasts, well, shut up and go home.
Love,
Andrea
Dear Andrea:
I told my husband that I got hit on at the grocery store. I told the guy I was married and I walked away. Well, my husband apparently felt the need to prove to me he’s desirable too. So he tells me how he was “joking” with this cashier, asking, “Do you want to go for a ride?” “In your truck?” she asked. He replied, “I didn’t say anything about my truck.” She wanted to take him up on it, but she wasn’t getting off work for a few hours. He shrugged and said that he had to go, never once telling her that he was married.
We don’t wear rings; I know I’m married and I make sure any guy who tries to hit on me knows too. I’m kinda upset with my husband now. He doesn’t understand why. What do you think?
Love,
Check Me Out
Dear Check:
I think he’s kind of a tool or was at any rate behaving in a tool-like manner. It isn’t merely that he was playing a nasty little game with you, although I’d think that would be bad enough, but what about the cashier, whom he was using as a cheap prop or pawn? He behaved caddishly toward her as well. One can only hope that she was playing him right back, planning to amuse her girlfriends later with the story of that horn-dog married guy at the store today, what a tool.
It’s not his childish insistence on getting you back that bothers me most, though. He was obnoxious to the cashier and toolish to you, but not understanding why you’d mind these things makes him an idiot, and that is pretty close to unforgivable.
You will forgive him, of course, after explaining one more time exactly what he did wrong. You pretty much have to, since you don’t, I assume, want to have to get a new husband. It’s hard enough to get a new grocery store, and I don’t see either of you going back to the old one, do you?
Love,
Andrea

The case against the JROTC

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OPINION Make no bones about it: the Junior Reserve Officer Training Corps (JROTC) is a program of the US Department of Defense. Its purpose is clear: to recruit high school students into the military. Two years ago, 59 percent of San Franciscans demonstrated their disapproval of that sort of recruiting by supporting Proposition I. It’s time for the Board of Education to follow the wishes of those voters and phase out the JROTC in favor of a nonmilitary program.
On Aug. 22, it’s very likely that the San Francisco school board will do just that. Before the board is a proposal to not only ease out the JROTC but also form a blue-ribbon panel to find an alternative.
It’s not a new idea. In the mid-1990s, a similar board proposal failed by a 4–3 vote. This time the vote will probably be reversed. Phasing out the JROTC in San Francisco should be a breeze. Two years ago, a measure to put the city on record as wanting to bring the troops home from Iraq passed by 64 percent. Since Sept. 11, hundreds of thousands of San Franciscans have protested the wars in the Middle East. There’s no other city in this country with so much antiwar activity. So what’s the problem?
It’s the kids. The JROTC has successfully organized scores of young people (mostly white and Asian) to attend school board meetings to testify about the benefits of the program. A few LGBT kids have said that the local chapter of the JROTC does not discriminate, which JROTC officials confirm. What they don’t talk about is the fact that a queer kid can’t be out (or found out) in the armed forces. Since 1994, when “Don’t Ask, Don’t Tell” was first implemented, more than 11,182 queers have received the boot. There are also beatings and harassment to contend with in the military if you’re suspected of being queer. It’s not a pretty picture.
The JROTC doesn’t tell kids that a lot of what the recruiters promise is a lie — the kids might not get the educational benefits and job training promised in all the promotional materials. As Z Magazine reported (August 2005), 57 percent of military personnel receive absolutely no educational benefits. What’s more, only 12 percent of men and 6 percent of women who have served in the military ever use job skills obtained from their service. As Lucinda Marshall noted in an Aug. 24, 2005, article on ZNet, “According to the Veterans Administration, veterans earn less, make up 1/3 of homeless men and 20% of the nation’s prison population.” Be all that you can be?
Education was never the point of the military, of course. As former secretary of defense Dick Cheney once said, “The reason to have a military is to be prepared to fight and win wars…. It’s not a social welfare agency, it’s not a jobs program.”
Let’s not sell our youth short. Or make them fodder for oil wars. Or subject them to antiqueer discrimination and hate crimes. Let’s give them all the skills they need to make their lives the best they can be. We can do that without the military. SFBG
Tom Ammiano, Mark Sanchez, and Tommi Avicolli Mecca
Tom Ammiano is a queer former school board president and current supervisor of District 9. Mark Sanchez, the only queer member of the current San Francisco Board of Education, authored the current anti-JROTC resolution. Tommi Avicolli Mecca is a queer antiwar activist who was recently honored by the American Friends Service Committee.

Why people get mad at the media, part 6, “Grungy” or “not grungy,” the Guardian presents some candid photos of its offices and building

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Well, to continue this “grungy” saga, Mary Kuntz, an assistant managing editor at Business Week/McGraw Hill, called me from the splendorous McGraw Hill building in midtown Manhattan.
She was, it turned out, the designated editor and stonewaller to deal with my complaints that a cover story in the Aug. l4 edition of Business Week had made three major errors in the first three lines of the lead story. The first errors: the article referred to the “grungy offices offices of the SF Weekly,” our chain competitor, when the offices were those of the Guardian. The second error: our offices are not “grungy,” as you can see by the candid photos below.

She repeated what others down the masthead had told me before: that the magazine had indeed corrected what she called “the factual error” (the one misidentifying our offices as the offices of our competitor). But she said the magazine would not correct or remove the word “grungy” because the use of that adjective was a matter of opinion.

How, I asked again (see my earlier blog items), could she and BW/MH say that our offices were “grungy” when the reporters on the article never came into our offices and could not specify what was “grungy” about the Guardian, our offices, or our building, which we own? Did BW/MH just intentionally want to annoy me further and make the situation worse? She was adamant, as if she were upholding some major journalistic principle and the institutional honor and structural integrity of BW/MH. If so, what in the world was the principle she was fighting for over the use of one word: “grungy?” She wouldn’t say. More: she would not send or fax me the company’s retraction and corrections or reader response policy. She kept saying, we only correct factual mistakes, write us a letter, this is our corrections policy. And so the “grungy offices” phrase remains in the print and online versions of the article for the duration and my simple request to get a full correction ended up only making an “atrocious” mistake even more “atrocious,” to use the phrase of the reporter in confessing her original “factual” mistake to me.

I realize all of this might get tedious but there is a serious point here: this incident illustrates the kind of corporate arrogance and stonewalling that make people mad at the media. All BW/MH had to do was to say in effect, sorry, we made a mistake, we will correct it, we regret the error. And not jack me around for l0 days over a phony charge that they could not back up or explain. (Summary report coming on the company’s stonewalling policy on corrections.)

Note the pictures below, taken by Guardian co-founder and co-publisher Jean Dibble. From top left: the side of our three story building, known as the Guardian Building, at l35 Mississippi St., at the bottom of Potrero Hill in San Francisco; the front of our building; our lobby; our reception desk; our conference room; the stairs in the middle of our advertising offices on the first floor; Jean Dibble’s office, and the alternative view of San Francisco from Potrero Hill from our rooftop.

SFBGlogo.jpg outside1.jpg

lobby.jpg frontdesk.jpg

confroom.jpg stairs.jpg

office.jpg roof.jpg

Grungy or not grungy? That is the pressing issue of the day. I’m ready for a Potrero Hill martini. B3

Thinking outside the pipe

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

The judge misses the point

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EDITORIAL The federal judge who allowed the largest media merger in Northern California history to go forward unimpeded did what far too many judges do in cases like this: she ruled narrowly on the tightest definition of the law and missed the overall point entirely. Judge Susan Illston rejected a bid by San Francisco real estate investor Clint Reilly to block Denver billionaire Dean Singleton’s effort to buy virtually every daily newspaper in the Bay Area and set up an unprecedented media monopoly. Reilly had sought an injunction against the deal, arguing that once it’s approved there will be no way to halt the obvious damage. Illston noted that Reilly had raised “serious questions” and agreed that there’s “a need to examine the proposed sale to ensure that no long-term harm will come to Bay Area residents.” But she insisted in a 16-page opinion that the deal posed no “pressing and imminent danger.” Wait: no imminent danger? One person could soon control every single significant news media outlet in the entire Bay Area save for the Hearst-owned San Francisco Chronicle — which also has a financial partnership with Singleton. What does Illston expect? That a year or two down the road, when residents of the region find themselves without any credible local newspapers and advertisers find nothing but high monopoly rates, someone can reexamine this and find that it was a bad idea? That’s silly. The time to put the deal on hold and address Illston’s “serious questions” is now, before it’s too late. Nobody will be able to unscramble this egg. But Illston didn’t get that at all. Instead, she ruled that the real threat of great harm was to the defendants — the billionaire publisher and his business associates. Actually, they face no risk of harm at all — except for the threat to their ability to make obscene profits by gutting newsrooms, combining operations, and tearing the heart out of Bay Area journalism. This is how Singleton, known (for good reason) as “Lean Dean,” operates. He likes what he calls “clusters” of papers — groups of newspapers in adjoining geographic areas. He centralizes as many functions as possible, reduces staff to the minimum necessary, then sits back and watches the cash roll in. In the Bay Area, that will probably mean that the big, expensive newsrooms of papers like the San Jose Mercury News and the Contra Costa Times will be pared down, perhaps merged into a single operating center. The various papers will share stories, so there won’t be much difference (or competition) between them. Old-fashioned concepts like investigative and enterprise reporting, which require time and resources, will disappear. None of this requires a law degree and a judicial robe to comprehend. It’s been happening all over the country; Singleton’s record is clear. Of course, it didn’t help that Reilly was all alone on this, a single local businessperson trying to block a massive media merger that the state and federal governments are apparently ready to approve with only cursory examination. The outcome might have been very different if Attorney General Bill Lockyer had appeared before Illston representing the state of California. But Lockyer is sitting on his hands — and the US Justice Department just announced that it won’t pursue the matter and is going to allow the merger to proceed (see www.sfbg.com). This doesn’t have to be the end of the case, by any means. Reilly can and should go forward with his suit as aggressively as possible. And Lockyer, who is running for state controller, and Jerry Brown, who is running for attorney general, need to stop ducking this issue and take a firm stand against the merger. SFBG PS All of the papers involved in the merger covered the ruling, but none of them quoted outside experts critical of Illston’s decision or critical of the merger itself. Bruce B. Brugmann, Guardian editor and publisher, posted some key questions for the publishers on his Bruce Blog at www.sfbg.com; here are some of them: Why, if Hearst and the publisher participants feel they can’t cover themselves, don’t they get quotes from journalism or law professors at nearby UC Berkeley, Cal State Hayward, Stanford, San Jose State, SF State, USF? Why don’t they check with other independent experts such as Ben Bagdikian of The Media Monopoly fame, who is living in Berkeley? Why don’t they quote union representatives at the Chronicle and Merc? Why don’t they quote the congressional delegation that called on the Department of Justice and the attorney general to carefully scrutinize the sale? Why don’t they call on Sup. Ross Mirkarimi, who introduced a local resolution opposing the sale, or any of the other supervisors who approved it unanimously? Why is it left to the handful of remaining independent voices to raise these critical questions? PPS Now that the investigation is closed, we’ve asked the Justice Department to release its full investigative file. We hope all the local daily publishers, who love to talk about open government, will support our request. Read the Alioto Legal Documents: Complaint.pdf Gannett-Stephens_Opp_to_ TRO.pdf Hearst_Opp_to_TRO.pdf McClatchy_opp_to_TRO.pdf MediaNews-Calif_Newspaper_Partnership_Opp_to_TRO.pdf Memo-Supp_of_Mtn_for_TRO.pdf Order_denying_TRO.pdf Plaintiff’s_Reply_to_Mtn_for_TRO.pdf

After oil

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OPINION Every day a river of cars flows across the Bay Bridge into San Francisco, bringing workers, tourists, and visitors to the city. Nearly all run on petroleum fuels. Every day a staccato procession of planes lands at SFO, bringing tourists, conventioneers, and returning residents. All fly on petroleum fuels. Every day a phalanx of trucks delivers food to grocery stores, restaurants, and corner markets. All run on petroleum fuels. Every day roads are paved, potholes are filled, roofs are tarred, machinery is lubricated, and tires are replaced. All are done with petroleum-derived products. Every day hundreds of thousands of purchases take place, every one enabled by petroleum.
What will happen when the petroleum behind all these activities costs $100 a barrel? $200 a barrel? Or more? San Francisco’s viability as a major West Coast city is based on cheap petroleum. But the century of cheap petroleum is quickly coming to an end, and an era of expensive, scarce oil is dawning. Just as US production of oil peaked in 1970, production of oil from an increasing number of other countries has peaked as well. Currently, 33 of the top 48 major oil producers in the world are in irreversible decline, among them the United Kingdom, Norway, Mexico, and Indonesia. Within a few years — and indeed some claim it has already happened — global oil production will peak, then begin a protracted decline. The consequences are unthinkable. A world — and a city — built on cheap petroleum faces the largest challenge of modern times.
Nothing exists that can seamlessly replace petroleum. For transport, ethanol and biodiesel have been touted but both require tremendously higher levels of energy inputs for production compared to petroleum, and the competition with food production is already apparent with the rising price of corn in the Midwest. For other uses — lubrication, paving, plastics, pesticides, pharmaceuticals, cosmetics, paints, inks, solvents, detergents, rubber, and thousands more — no drop-in substitute is remotely ready. Alternate sources — such as the tar sands of Canada — produce in net only a half barrel of oil for every barrel of energy consumed. As petroleum production reaches its peak, every aspect of our lives will be profoundly impacted.
What can be done? First, it’s important to understand the phenomenon. Peak oil is not an oil company conspiracy, nor is it the result of OPEC’s actions — this is the result of a century and a half of ever-rising exploitation of a finite energy source. Second, we need to examine how we use energy in San Francisco to determine ways to either reduce consumption or find nonfossil alternatives to supply it. We need to examine our food supply — completely dependent on petroleum for planting, harvesting, processing, and transporting — along with city operations and residential, commercial, and transportation requirements to assess their vulnerability in an era of rising energy prices.
In April, San Francisco became the first major city in the United States to pass a peak-oil resolution, and on July 28 the San Francisco Local Agency Formation Commission held the first in a series of hearings on the issue of peak oil. Over the next year the commission will hold additional public hearings to educate and inform the citizenry of San Francisco on peak oil and will be launching a study to identify the possible responses we can take. SFBG
Ross Mirkarimi
Sup. Ross Mirkarimi represents San Francisco District 5.

All Lebanon is collateral damage

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OPINION Once again, Lebanese civilians are getting blasted, killed, and bombed by high-tech American weapons because Israel is angry and lashing out. I remember this well; even some of the targets are the same. I spent part of my childhood in Beirut. I remember my mother yelling at me to get off the balcony where I was busy trying to see if it was an American F-4 Phantom Israeli Air Force jet or a French-made Dassault Mirage screaming by our apartment building at rooftop level on its way to bomb the Beirut airport yet again.
My mother wasn’t happy with my plane-spotting endeavors. But Beirut at the time was frequently called the Jewel of the Middle East, and I was lucky enough to go to the American elementary school. I remember Pigeon Rock, the cedars, the beaches — and the Israeli raids. In fact, such raids led to my family being evacuated from Lebanon on more than one occasion.
Whenever the Palestine Liberation Organization conducted a military engagement, US-supplied F-4 Phantoms would bomb the Beirut airport. It became almost a regular Sunday outing for Beirut residents. How many Middle East Airlines jets did Israel bomb today? If the Syrians lobbed shells or anybody else in the region displeased Israel, US-supplied F-4 Phantoms would bomb the Beirut airport. If there was a border incursion, US-supplied F-4 Phantoms would bomb the Beirut airport. Do you see a sadly familiar pattern?
The Lebanese are once again civilians paying for the actions of others. Lebanon is and always has been Israel’s whipping boy. It has become a pawn between Israel, Hezbollah, and possibly Iran. An entire nation is collateral damage. Two-year-old children dying with perforated eyes. Kids blown up when they go swimming in a canal. Are they any less innocent than the children killed in Hamas suicide bombings?
Believe it or not, your elected representatives care what you think, if you let them know in no uncertain terms. The United States supplies billions of dollars of no-strings-attached money to Israel. That money directly and indirectly supports Israel Defense Forces that have, in the last few days alone, killed more than 200 Lebanese citizens. Write your elected officials a personal letter. They pay attention to those. Demand that the United States stop funding Israel’s war — its terrorism with a bigger budget — on Lebanon.
The terror attacks on Israel are hideous, as is the region’s poisonous anti-Semitism. But so are Israel’s bombing raids that are destroying a recently revived Lebanon. Israel will not help its case with tit-for-tat attacks on civilians or the wholesale destruction of Lebanon’s infrastructure. The Germans’ bombing attacks on Britain in World War II didn’t break the people’s spirit and make them turn on Churchill; the opposite happened. One would think Israel might learn this lesson and act accordingly at the negotiating table.
War begets war, not peace. Write, don’t e-mail, don’t call — write a personal letter to your congressperson, your senator, your elected officials, demanding that the United States cut its military aid to Israel by half. That at least would get the Israelis’ attention off the bombs they’re dropping on the Lebanese and might even force Prime Minister Ehud Olmert to start negotiating for real. It would level the playing field just a bit. SFBG
Tim Kingston
Tim Kingston is a freelance writer who lives in the East Bay.