Privatization

Needed: a campaign against privatization

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EDITORIAL Of all the cities in the United States, San Francisco ought to be most aware of the perils of privatization. Much of the city burned down in 1906 in part because the private Spring Valley Water Co. hadn’t kept up its lines and thus was unable to provide enough water for firefighting. A few years later, in one of the greatest privatization scandals in American history, Pacific Gas and Electric Co. stole what was supposed to be the city’s publicly owned electricity, costing the local coffers untold hundreds of millions over the past 80 years.

This is a city that votes 80 percent Democratic and has always opposed the Ronald Reagan–George H.W. Bush–George W. Bush agenda. A large part of the local economy depends on public employment (the city, the state, the federal government, and the University of California are by far the largest employers in town, dwarfing any of the biggest private-sector companies).

And yet Mayor Gavin Newsom, who likes to say he’s a progressive, is pushing an astonishing package of privatization measures that would shift public property, resources, and infrastructure into the hands of for-profit businesses. He’s talking about privatizing the golf courses, some city parks, and even Camp Mather. He’s promoting a tidal-energy deal that would give PG&E control of the power generated in a public waterway. He hasn’t lifted a finger to stop the ongoing PG&E–Raker Act scandal. And he’s determined to hand over a key part of the city’s future infrastructure to Google and EarthLink (see Editor’s Notes, p. 1).

This nonsense has to stop.

It’s hard to fight privatization battle by battle. Every single effort is a tough campaign in itself; the companies that want to make money off San Francisco’s public assets typically have plenty of cash to throw around. They’re slick and sophisticated, hire good lobbyists, and generally get excellent press from the local dailies. And it works: even board president Aaron Peskin, who generally knows better, is now talking about accepting the private wi-fi deal.

So what this city needs is a unified, organized campaign against privatization.

When Reagan arrived in the White House in 1981, the single biggest item on the agenda of his political backers was an attack on the public sector. The way the right-wingers saw it, government took money from the rich and gave it to the less well-off. Government regulated business activity, costing major corporations a lot of money. Government — "the beast," they called it — had to be beaten back, demonized, and starved.

So the Reaganites used their top-rate public relations machine to make the public sector appear riddled with waste and fraud. They cut taxes, ran up record (for the time) deficits, and forced Congress to eliminate a lot of social programs. More and more of what the government once did was turned over to the private sector — the way the radical right liked it.

That political agenda still rules Washington, D.C., where even a fair amount of the war in Iraq has been privatized, turned over to contractors who are making huge profits while Iraqi and American kids die.

The attack on government has worked so well that even a very modest plan by Bill Clinton to create a national health care system was killed by the insurance industry.

But privatization doesn’t work. Private-sector companies and even nonprofits don’t have to comply with open-records laws and can spend money (including taxpayers’) with only limited accountability. Most private companies are about making money first and serving the public second; that means when private operators take over public services, the prices go up, worker pay goes down (and unions are often booted out), and the quality of the delivery tanks. Look at the real estate development nightmare that has become the privatized Presidio. Look at the disgrace and disaster that the privatized Edison School brought to the San Francisco Unified School District. Look at the glitzy café and the pricey parking lot that have replaced good animal care at the privatized San Francisco Zoo. Look at what has happened around the world when Bechtel Corp. has taken over public water systems — rates have gone up so high that some people can’t afford this basic life necessity.

Look what’s happened to the American health system. Look what’s happened in Iraq.

Government isn’t perfect, and the public sector has lot of management, efficiency, and accountability issues. But at least the public has some hope of correcting those problems. San Francisco ought to be a place where a major movement to take back the public sector is born and thrives.

Almost everyone in town ought to have an interest. Labor, obviously, opposes privatization. So should neighborhood advocates (who care about public parks and open space), environmentalists (because the entire notion of environmentalism depends on a healthy public sector), progressive community groups, and politicians. Even more conservative groups like the cops and firefighters ought to see the need to prevent their jobs from being outsourced to a private vendor.

A campaign against privatization could link wi-fi, PG&E, tidal power, and the golf courses. The campaign could force anyone running for office to address a no-privatization pledge. It could appear any time one of these rotten schemes pops up in town — and send a message that San Francisco doesn’t accept the economic agenda of the radical right.

Who’s going to call the first meeting? 2

Editor’s Notes

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› tredmond@sfbg.com

I don’t think anyone except Gavin Newsom’s inner circle and the folks who run Google and EarthLink really likes the mayor’s wi-fi contract, but it now appears at least possible that the Board of Supervisors will approve some version of it.

Board president Aaron Peskin wants the service improved a bit and is demanding some written guarantees that it will actually work the way it’s supposed to. Some opponents of the deal are arguing that it ought to be treated as a franchise, not a simple contract, and they want more legal hurdles. The serious techies say it’s the wrong technology anyway and will be outmoded and worthless in just a few years.

But there’s something bigger going on here.

A high-speed broadband system for San Francisco isn’t a hot dog stand and boat-rental shop in Golden Gate Park. It isn’t a restaurant lease on port property. It isn’t the naming rights for Candlestick Park or a permit to operate a taxicab or deliver cable TV.

Those are contracts and franchises. This is a piece of municipal infrastructure; it’s more like the roads that cars and Muni buses use to carry people around town or the pipes that bring water to our houses or the public schools that educate our kids or the emergency communications system that takes the call when we dial 911.

This is part of the city’s future, part of its economic development, part of how its citizens will participate in the political debate, part of how we will all learn and think and talk to each other. This is the new public square, the new commons.

Why in the world would we want to give it to a private company?

I don’t care if EarthLink and Google are offering 300 kilobauds per second of download time or 500 or 1,000. I don’t care if they promise to give free laptops to anyone who can stand on their head and shout "search engine." I don’t care if they promise to paint every light pole in the city green. They are private outfits set up to make a profit for investors. They have no business owning what will soon be the city’s primary communication system.

San Francisco has kept private operators from controlling its drinking water. This water is considered a basic part of life, and it’s available at low cost: San Franciscans pay less than one one-thousandth the price of bottled water for the stuff that comes out of the tap, and it’s almost certainly better. Same with roads and bridges, police and fire protection, and basic education (although that’s still a struggle).

I don’t get why broadband is any different.

I don’t think this would ever have been an issue 50 years ago. The generation that survived the Depression (with massive public-sector investment and ownership) and World War II (with huge excess-profits taxes on big corporations) and built things like the interstate highway system and the University of California didn’t see government as evil and inherently dysfunctional. The public paid to invest in public services.

It was Ronald Reagan and his ilk who took a generation disillusioned by Vietnam and Watergate and turned it against the public sector (see "Needed: A Campaign Against Privatization," page 5). Now we’ve even got a privatized war (and look how well that’s going).

The supervisors should get beyond the wi-fi deal’s little details and think about what it really means. This is San Francisco. We know better.<\!s>*

The golf club

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› news@sfbg.com

For the better part of a century, San Francisco’s public golf courses have offered players relatively inexpensive rates, belying the view of some that this is an elitist sport incompatible with progressive civic governance. But since a botched revamp of the Harding Park course several years ago, golf operations have landed in the rough, siphoning large sums from city coffers every year. Now Mayor Gavin Newsom and his Recreation and Park Department claim that private businesses would do a better and cheaper job of running three of the city’s most valuable links.

Sup. Jake McGoldrick and other privatization opponents say outsourcing control of the Harding, Fleming, and Lincoln courses would inevitably lead to less access for the general public and higher costs. "A lot of folks don’t realize that the Golden Gate Yacht Club and the St. Francis Yacht Club are public assets that are now run as private membership clubs, elitist things," McGoldrick told the Guardian. "That’s certainly the way this could go."

McGoldrick has called for the formation of a Golf Course Task Force to explore nonprivatization solutions, including converting some of the courses into parks or open space, as the Neighborhood Parks Council has urged. On July 10 the Board of Supervisors will decide between McGoldrick’s plan and Rec and Park’s "hybrid management" resolution, which would award leases of 20 to 30 years for the courses. Political handicappers say the vote could go either way.

In addition to their concerns about prices and accessibility at privately run links, McGoldrick and others have serious reservations about who will run the courses if the mayor’s plan succeeds. No one we spoke with could name potential bidders with any certainty, but if the past is prologue, the choice is likely to involve political cronyism.

Golf advocate Sandy Tatum engineered the deal that turned Harding Park over to the management of Kemper Sports, which has been accused of overspending public funds and turning the course into a huge drain on the city treasury. Kemper also rents space to Tatum’s First Tee program. More recently, another nonprofit started by Tatum and former city attorney Louise Renne initiated and funded a study for Rec and Park that recommended more privatization by turning over courses to entities such as theirs.

The SF Weekly, which has run stories critical of the city’s golf privatization scheme, revealed a 1990s deal that privatized a city-owned course near Burlingame and, in what it deemed a corrupt selection process, handed control of the course to former Willie Brown staffer Tom Isaak.

In 2004, Tom Hsieh, one of Newsom’s key campaign consultants, submitted the sole bid for control of Gleneagles Golf Course in McLaren Park. Neither Hsieh nor his business partner, real estate investor Craig Lipton, had ever run a golf course before winning the contract for Gleneagles. But what really raised eyebrows around City Hall were the terms of the deal. Any lease of more than 10 years would have needed approval by the Board of Supervisors, so Hsieh and Lipton were given a nine-year contract.

"That was a very obvious and blatant end run around the contract requirements of the Board of Supervisors," McGoldrick told us. Hsieh, he went on to say, "is one of the mayor’s good buddies, and he got himself a nice contract out there."

Rec and Park spokesperson Rose Dennis defended the lease agreement with Hsieh, telling us, "At the end of the day, he legally got the concession. It wasn’t like it was put down to a nine[-year contract] to screw anybody. That would suggest a level of sophistication that Rec and Park just doesn’t have."

Reached for comment, Hsieh bristled at the suggestion that he landed the contract because of his ties to the mayor, writing in an e-mail that the mere suggestion was "a scurrilous attack motivated by politics." Hsieh did not answer our repeated requests for information about wage levels at the Gleneagles course and the number of groundskeepers employed there. McGoldrick and sources in the industry assert that one of the main ways private managers would make money from the other courses would be to reduce labor costs.

Sup. Sean Elsbernd, one of the privatization plan’s strongest backers, conceded that some past golf contracts have been "questionable," specifically in the case of Hsieh’s deal. But he said the supervisors would oversee the leasing process this time to avoid cronyism and the kind of spending excesses allegedly committed by Kemper Sports. They would also mandate that new managers continue to employ union employees.

Unlike the city, Elsbernd argued, private businesses could invest large sums of money in rehabilitating the courses, especially Lincoln. "When it gets that kind of [cash] infusion," Elsbernd said, the course "is going to see a turnaround in revenue so that you can actually justify charging higher fees."

That is exactly the kind of scenario privatization foes fear: more exclusive golf courses on public land that raise greens fees beyond ordinary people’s means. "These courses are untapped gold mines," said golf instructor, former pro, and activist Justin Hetsler, who has formed a nonprofit group, Golf San Francisco, to lobby against the mayor’s plan. "But every penny spent at the courses should go back into them, not into someone’s pocket as profit." As for capital improvements, Hetsler, who also works as an accountant, argued, "The courses’ future revenue streams can secure credit for improvements. That does not require privatization."

For McGoldrick, this debate is about far more than golf courses. "I don’t even play golf," he told us. The push to outsource control of the links, he said, reflects a larger philosophical battle about what to do with publicly owned resources. "The mayor is a pro-privatization kind of guy. That’s his MO…. We’re seeing this happen all over the place, not just San Francisco. But for me, it’s just painful to watch city assets [be] given away. It really kicks me in the gut." *

Editor’s Notes

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› tredmond@sfbg.com

Fourth of July week is supposed to be slow; when I worked for a daily newspaper, we used to do long stories on the fireworks displays just to fill space on the pages. Not here. There’s so much going on it’s hard to keep track of it all, but here’s a quick rundown on what San Francisco is facing this week:

A bill that would lift a veil of secrecy hanging over police misconduct cases is stuck in the Assembly Committee on Public Safety — and Fiona Ma is one of those holding it up. Ma is a protégé of John Burton, who wasn’t easily intimidated, but she’s acting as if she’s terrified of the police lobby, which has mounted a major effort to kill the bill. It’s crazy — Ma has a fairly safe seat, and unlike some Democrats in marginal districts, she doesn’t have to fear that the cops will back a Republican against her. This is one of the worst moments in her career in Sacramento thus far, and she needs to get off the fence and back the bill when it comes up for reconsideration.

The long-awaited draft environmental impact report for the Eastern Neighborhoods zoning project just came out, and it says just about what I and many others had expected: following the proposals that the City Planning Department is putting forward would wipe out a fair number of blue-collar jobs and would not provide anywhere near enough affordable housing to meet the city’s stated needs. This ought to be a central issue in the mayor’s race (if there ever really is one); I’m not willing to accept as inevitable the loss of working-class San Francisco, and neither should the mayor.

Mayor Gavin Newsom finally signed the Community Choice Aggregation bill (see page 10) — but not with the sort of fanfare you’d expect for a program that could profoundly change the city’s energy future. Sen. Carole Migden has come forward with a bill to ensure that the power from city-owned renewable-energy projects is available to the city and doesn’t have to go into Pacific Gas and Electric Co.’s maw.

Speaking of Migden: who exactly is paying for all those billboards with her face on them, touting her leadership? As we discuss on the www.sfbg.com politics blog, it’s a fascinating question. Michael Colbruno, a spokesperson for Clear Channel, which owns the billboards, refuses to say. He insists that the ads are simply "issue advocacy," which means nobody has to disclose who paid the tab. I’m not going argue campaign law with Clear Channel, but I suspect that Migden knows who gave her this nice present, worth tens of thousands of dollars. Perhaps she’ll share that information with the rest of us.

In the meantime, the folks at the San Francisco Chamber of Commerce — those great champions of open government who love privatization and refused to support the Sunshine Initiative — have a sunshine measure of their own. They want the supervisors to hold hearings before placing anything on the ballot. That’s a direct attack on some recent ballot measures the chamber didn’t like.

I’m all for hearings. Hearings are good. But the law would require that the hearings be held 45 days in advance of the ballot, and that would be a serious drawback for progressives who want to get measures that couldn’t pass the board on the ballot. Frankly, I’m dubious about the chamber’s motives.*

Don’t privatize the golf courses

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EDITORIAL Mayor Gavin Newsom has been trying to sell off or privatize city assets for years, and his latest effort is aimed at San Francisco’s three public golf courses (see J.B. Powell’s story, page 16).

Harding, Lincoln, and Fleming aren’t in the greatest shape, and the city poured a bunch of money into spiffing up Harding a few years back and didn’t get much return. So the mayor — with the surprising support of progressive supervisors like Aaron Peskin — wants to hand the links over to private contractors.

That, of course, will mean higher fees at the few places where golfers who aren’t rich can still afford to whack a few balls. It will probably means cuts in unionized city staff. More important, it’s another giveaway of valuable public assets — on the grounds that city officials don’t seem to know how to manage them.

As Sup. Jake McGoldrick, a privatization foe, points out, the Golden Gate Yacht Club and St. Francis Yacht Club were once public assets, and they’re now elitist institutions run as private membership clubs. The golf courses would be the same.

Yes, the courses need some upgrades, which means some public money. But public golf courses around the country are crowded with players who can’t afford (or don’t qualify for) private clubs; there’s no reason the city of San Francisco can’t do just as well as a private contractor in making improvements, generating revenue, and managing the facilities.

If the city really wants to get out of the golf course business — which we think is a mistake — then the supervisors ought to consider the proposal that the Neighborhood Parks Council has put forward and turn some of the links into parks and open space. But this mad rush to privatization — selling off parks, golf courses, and other public assets — has got to end. The supervisors should go along with McGoldrick’s proposal to set up a task force to study the management of the city golf courses and reject the mayor’s privatization move. *

Too quiet in Oaxaca

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By John Ross
OAXACA, OAXACA (May 27th) — On the first anniversary of the beginning of last summer’s feverish uprising here, the city’s jewel-box plaza which had been occupied for seven months by striking teachers and their allies in the Oaxaca Peoples’ Popular Assembly (APPO) from May until October when federal police forced them into retreat, shimmered in the intense spring sunbeams. The only massive police presence on view was the city police department’s orchestra tootling strident martial airs to a shirt-sleeved crowd of gaffers. Here and there, handfuls of burley state cops, sweltering in bulletproof vests and helmets in hand, huddled in the shade quaffing aguas frescas (fruit water) and flirting with the senoritas.

Evidence of last summer’s occupation has been obliterated. Surrounding government buildings have been scrubbed clean of revolutionary slogans and no marches were scheduled to commemorate last May 22nd when the teachers first established their camp in the plaza. Indeed, militant members of Section 22 of the National Education Workers Union (SNTE) were not encamped in the stately old square for the first time since the section’s founding 27 years ago. Ulises Ruiz Ortiz (URO), the object of their fury, was still the despotic governor of Oaxaca.

Despite the relaxation of U.S. State Department travel advisories and the apparent calm, few tourists were strolling the cobblestone streets of Oaxaca’s historic center and the cavernous colonial hotels around the plaza were virtually deserted.

The 2006 uprising has put a serious kibosh on the international tourist trade, the backbone of the local economy. If the experience of San Cristobal de las Casas after the 1994 Zapatista uprising is any lesson, the tourist moguls will take years to recoup.

“Apparent calm” is a euphemism oft utilized to describe the uneasy lulls that mark social upheaval in Mexico. True to the nation’s volcanic political metabolism with its fiery spurts of molten fightback and sullen, brooding silences, the Oaxaca struggle seems to have entered into a period of internal contemplation.

Government repression, which featured death squad killings and the jailing of hundreds of activists, slammed the lid down on the social stew but did not extinguish it. Discontent continues to brew and fester, the bad gas building down below. The structures of the Popular Assembly and the teachers union, which served to catalyze this discontent throughout 2006, remain intact.

To be sure, the social movements that lit up red bulbs as far away as Washington last year are not enjoying their best moments. Section 22, which itself is a loose amalgam of left factions, is wracked with division and dissonance, and its titular leader, Enrique Rueda Pacheco, is held in profound contempt for having forced the strikers back into the classroom last October and abandoning the APPO to savage government repression.

Moreover, in response to the 70,000-strong Section 22’s rebellion against the leadership of the National Education Workers Union (SNTE), union czarina Elba Esther Gordillo, a close confidante of President Felipe Calderon, chartered a new Oaxaca local, Section 59, to diminish the control that the militants exert over the state’s classrooms.

The division has put a dent in the teachers’ usual aggressive stance and instead of walking out this past May 15th, National Teachers Day, when new contracts are negotiated, Section 22 tentatively accepted a 4.8 percent base wage increase (above the 3.7 percent Calderon had conceded to other sectors) and 122 million bonus pesos to “re-zone” Oaxaca for cost of living increases in this tourism-driven state.

Although the “maestros” did participate in a two-day boycott of classes in May to protest the Calderon government’s privatization of government workers pension funds, whether the teachers will take part in an indefinite national walk-out June 1st that has been called by dissident education workers organized in the Coordinating Body of Education Workers or CNTE, remains unresolved at press time.

Nonetheless, the teachers’ disaffection with Ulises remains strong and Section 22 spokesperson Zenen Reyes last week (May 23rd) called upon the teachers and the APPO to push for cancellation of the Guelaguetza, an “indigenous” dance festival in July that has become Oaxaca’s premier tourist attraction. Last year, the strikers and the APPO destroyed scenery and denied access to the spectacle, forcing URO to suspend the gala event. In its place, activists reclaimed this millennial tradition of Indian cultural interchange by staging a “popular” Guelaguetza in the part of the city they were occupying, and plans are afoot to repeat that celebration this year.

The Oaxaca Popular Peoples Assembly, which came together after the governor sent a thousand police to drive the maestros out of the plaza last June 14th and which at one time included representatives of the state’s 17 distinct Indian peoples and many of the 400 majority indigenous municipalities plus hundreds of grassroots organizations, is equally fractured. Having borne the brunt of the repression – 26 killed, 30 disappeared, hundreds imprisoned – the Popular Assembly has been reduced to a defensive posture when only months ago it was an aggressive lightning rod for social discontent.

Even more debilitating than the government crackdown has been the prospect of upcoming local elections August 7th to choose 42 members of the Oaxaca legislature and October 5th balloting for 157 non-Indian municipal presidents (majority indigenous municipalities elect their presidents via traditional assemblies.) While the APPO considers that its goals transcend the electoral process and rejects alliance with the political parties, some Popular Assembly leaders engage in a quirky dance with the left-center Party of the Democratic Revolution (PRD) which last July almost catapulted Andres Manuel Lopez Obrador (AMLO) into the presidency.

Prominent APPO mouthpiece Flavio Sosa, jailed by Calderon as his first political prisoner, is a former Oaxaca party leader and the PRD has mobilized to achieve his release.

Perhaps the cruelest blow the APPO and the striking teachers struck against Ulises came during July 2nd 2006 presidential elections. Although URO had promised the long-ruling (77 years – at least in Oaxaca) Institutional Revolutionary Party (PRI) a million votes for his political godfather Roberto Madrazo, the popular movement inflicted the voto del castigo (punishment vote) against the PRI, handing the state to AMLO’s presidential bid in addition to electing both PRD senators and nine out of 11 federal representatives to the new congress for the first time ever.

The left party seemed positioned to bump Ruiz again in 2007 by taking the state legislature and neutralizing the tyrannical governor’s clout. But instead of rewarding the APPO and Section 22 for having dumped the PRI in 2006, the party has responded by excluding activists from its candidate lists.

“If, at one time, there was hope that elections could provide a solution to the conflict, exclusion of the APPO has canceled them,” writes Luis Hernandez Navarro who follows Oaxaca closely for the national daily La Jornada.

One Oaxaca-based PRD insider who preferred not to be named confides that APPO activists were vetoed by the left party’s national leadership least front-page photos of the candidates hurling rocks during last summer’s altercations lend credence to the perpetual allegations of the PRI and Calderon’s right-wing PAN that the PRD is “the part of violence.” Most local candidacies were distributed in accordance with the laws of PRD nepotism and amongst the party’s myriad “tribes.”

The exclusion of the APPO activists so infuriated 50 members of grassroots organizations led by Zapotec Indian spokesperson Aldo Gonzalez that they stormed the PRD’s Oaxaca city headquarters May 18th, leaving its façade a swirl of spray-painted anguish. The failure to select candidates from the popular movement, Gonzalez and others charge, throws the elections to URO, suggesting that the PRD has cut a deal with the APPO’s arch enemy.

Given the hostilities the upcoming elections have sparked so far, the August and October balloting could well signal another “voto del castigo” – this time against the PRD.

The election season was in full swing by mid-Spring in Oaxaca. PRD leader Felix Cruz, who had just coordinated Lopez Obrador’s third tour of the Mixteca mountains (AMLO was conspicuously absent during last summer’s struggle), was gunned down in Ejutla de Crespo on May 21st. Juan Antonio Robles, a direction of the Unified Triqui Liberation Movement (MULT), a participating organization in the APPO, met a similar fate the next day. That same week, a car carrying a local candidate for Elba Esther Gordillo’s New Alliance Party was riddled with gunfire along the coast. Drug gang killings have also jacked up the homicide rate in the state – under Ulises’ governance, drugs and drug gangs have flourished.

Meanwhile, in classic “cacique” (political boss) style, the PRI governor is out and about dishing up the pork to buy votes, passing out cardboard roofing and kilos of beans, building roads to nowhere and bridges where there are no rivers to cross, to pump up his electoral clientele. Gifting opposition leaders with pick-up trucks to enlist their allegiances is a favorite URO gambit, notes Navarro Hernandez.

Despite the ambitions of some of its members, the APPO is not enthusiastic about participating in the electoral process. At a statewide congress in February, APPO members were allowed to run for public office as individuals and only if they resign from any organizational function.

Miguel Cruz, an APPO activist and member of the directive of the CIPO-RFM or Popular Indigenous Council of Oaxaca – Ricardo Flores Magon (Flores Magon was a Oaxaca-born anarchist leader during the Mexican revolution) is not a partisan of the electoral process. Seated in the CIPO’s open-air kitchen out in Santa Lucia del Camino, a rural suburb of Oaxaca city where police gunned down U.S. journalist Brad Will last October, Miguel explains his disdain for how the elections have split the APPO “when they were supposed to bring us together.

“Everyone is working on their own agendas now and the so-called leaders are all looking for a ‘hueso” (literally ‘bone’ – political appointment.) This is a crying shame. The APPO is a mass movement, not a political party. Our consciences are not for sale.”

June 14th, the day last year Ulises sent a thousand heavily armed police to unsuccessfully take the plaza back from the striking teachers, is a crucial date. The APPO and Section 22 are planning one of their famous mega-marches which last summer sometimes turned out hundreds of thousands of citizens. Will June 14th signal a resurgence of massive resistance and if it does, will the popular leadership be able to restrain hotter heads and government provocateurs that last November gave the federal police the pretext to beat and round up hundreds? Miguel Cruz is hopeful the APPO will persevere. “Whatever the ‘leaders’ do and say, the APPO lives down at the bases.”

Up the steep, windy hill in San Pablo Etla, where the cognoscenti live above the hurly-burly on the streets of Oaxaca, political guru Gustavo Esteva views the popular struggle down below geologically. “The popular movement in Oaxaca is like an active volcano” he writes in La Jornada, “last year when it erupted, the movement left its mark in the form of molten lava trails. Now the lava has cooled and formed a cap of porous rock that marks the point through which the internal pressure will find its way to break through to the surface again.”

John Ross is in Mexico City hot on the trail of Brad Will’s killers and re-immersing himself in the real world. Write him at johnross@igc.org if you have further information.

An American Sahara

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MEXICO CITY (May 15th) – Mexico’s arid north – 54% of the nation’s land surface – is drying out and blowing away in the wind at an alarming rate as desertification transforms this always-hardscrabble terrain into an American Sahara.

According to the National Commission on Arid and Semi-arid Lands, semi-arid land is being converted to arid wasteland at the rate of 2% a year. Fragile aquifers are sucked dry and erosion turn once-tillable land into sand dunes. Subsistence farmers abandon their plots and jump into the migration stream. Even the native peoples who have lived on this difficult land for millenniums are deserting the desert.

NASA satellite overflights of the northern states of Zacatecas, San Luis Potosi, Nuevo Leon, Durango, Coahuila, Chihuahua, Sonora and the Baja California peninsula now show spreading swatches of bone-white, waterless desert, inhospitable bad lands that can no longer support human communities.

But the North is not the only region of Mexico that is drying up. National Water Commission (CONAGUA) studies indicate that 38 Mexican cities, including the luxury resorts of Acapulco and Cancun, are running out of water and could be dry in a decade. Carlos Gay, director of the National Autonomous University Climate Study Center, anticipates a 20% decrease in rainfall by 2080 in Mexico’s two wettest states, Chiapas and Quintana Roo, on the southern border.

At the other end of the nation in the desiccated north, it hardly ever rains anymore. The Laguna region, 10 municipalities in Coahuila state and five in Durango, receives the least rainfall in the Mexico – 244 millimeters annually – and has the highest rate of evaporation. Rescued from the desert by the collectivization of the land and construction of vast hydraulic projects under depression-era president Lazaro Cardenas, the Laguna was once Mexico’ leading cotton growing region. Now, devastated by dried-up wells and soils that have been contaminated by agri-chemicals, the desert is reclaiming La Laguna.

One key reason for this tragic desertification: the re-privatization of land and water resources and their over-exploitation by Mexican and transnational Agribusiness. Perhaps the most notorious offender is the dairy giant Lala – owner Eduardo Tricio Haro’s herds of 200,000 cows exhaust the carrying capacity of this fragile land. Industry insiders calculate that it takes a thousand liters of water to concoct one liter of milk. Lala – which sells more than half its production to Liconsa, the national milk distribution agency – is the source of one out of every two glasses of milk gulped down in this thirsty nation.

For the past six years, as director of CONAGUA, Clemente Jaime Jarquez, an old crony of ex-president Vicente Fox since their days at Coca Cola (Fox was the director of Mexican operations) presided over the systematic draining of the Laguna’s aquifers to benefit Tricio Haro and Lala. Now the National Water Commission is turning its attention to the neighboring Cuatrocienegas international biosphere where Lala has been granted permits to drill 250 wells – 80 of which are already in operation. Clemente Jaime Jarquez was, of course, the former CEO of the Lala Corporation.

Cuatrocienegas water is precious. The biosphere was once under the sea and its secrets date back to the Jurassic age. Indeed, microorganisms native to the region’s land and water are so unique that the biosphere has been dubbed Mexico’s Galapagos by scientists. Last July, UNAM biologist Valeria Sauza discovered that since the water agency authorized the drilling of Lala’s wells, 70% of the aquifers in some valleys have vanished and the geology of the region, which for 35,000 years remained unaltered, is turning into desert.

Lala is certainly not the only corporate entity that is draining Mexico dry. In Sonora, a border state whose badlands blend into the brutal Arizona desert, Governor Eduardo Bours, Mexico’s chicken king, has permits that allow his Bachocho corporation (the major supplier for Pepsico’s KFC) to exploit 600 million liters annually in a largely waterless state. Fox’s old stomping ground, the Coca Cola Corporation of Atlanta Georgia, sucks up ground water that could otherwise provide two liters a day for 14.5 million Mexicans, to formulate its noxious brew. In San Cristobal de las Casas Chiapas, “La Coca” sucks up five liters every second from the Huitepec aquifer where the rebel Zapatista Army of National Liberation has installed an encampment to protest the selling off of precious water.

Big timber has so denuded northern Zacatecas with clear-cuts that the region is losing 150,000 hectares to encroaching desertification every year and another 300,000 hectares are so critically eroded that springtime “tolaveras” or whirlwinds fill the air with choking red-brown dirt. University of Zacatecas agronomists calculate that 20 tons of earth is being moved every spring and dunes now rise where once farmers eked out a living growing corn and beans.

The poor of the region have paid the price for clear-cuts and the corporate evisceration of aquifers. Marginalized desert communities wage wars over what little liquid is left in the ground – 59 out of Mexico’s poorest municipalities are located in desert zones. Emaciated kids are strung along the federal highway outside Matahualpa San Luis Potosi selling desert iguanas and begging coins from passing motorists. Farmers abandon their dying fields and flee into the cities and across the northern border, leaving behind abandoned ghost towns.

Even the first peoples to inhabit these inhospitable lands – 15 desert Indian cultures – are having a harder time surviving in an environment that is seriously out of balance. Chakoko Aniko, a 76 year-old Kikapoo Indian shaman from El Nascimiento Coahuila, rues the disappearance of his peoples’ sacred deer without which Kikapoo culture cannot continue. “When the deer dies, the Kikapoos will die too” he laments to La Jornada reporter Laura Poy.

As their habitat dries out and sacred species disappear – cactus rustling puts a big hurt on native cultures – the young men and women abandon the old ways and native speakers among the Indians of Mexico’s northern desert now number in the dozens.

Mexico’s North is just one corner of the global desert. At least 41% of the planet’s surface is now in danger of going dry – 20% is already desert – directly impacting 250,000.000 people and threatening 1.5 billion more, according to numbers presented by Doctor Zafar Abdeel at the 2005 United Nations conference on the degradation of arid lands. Some 60 million sub-Saharans will be forced off ancestral lands in the next 20 years and migrate in search of work and water as the desert takes over. Wherever they go, the desert will not be far behind.

“We have lived on these lands since history began” the Kikapoo shaman Chakoko Anika recalls plaintively, “where else can we go?”

John Ross is back in Mexico after months on the road in America del Norte. You can contact him at johnross@igc.org for further information on his comings and goings.

Extra! Extra! PG&E buys the front page of the San Francisco Chronicle. The shame of Hearst. Why people get mad at the media (l9)

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By Bruce B. Brugmann

And so Hearst, after decades of shamefully operating as a PG&E shill and shamefully censoring the PG&E/Raker
Act scandal out of its papers (both in its old Examiner and its new Chronicle), ran a large cheery PG&E ad in the right hand corner of the front page of yesterday’s April l8 Chronicle.

The ad ran without the usual identification “advertisement,” even though it was a pure political ad and part of PG&E’s phony “let’s green the city” campaign. The ad, spiffy and lime-colored,
was classic PG&E greenwashing: “Green is giving your roof a day job. To sign up for PG&E’s solar classes, visit Let’sgreenthiscity.com.”

In a classic of self-immolation, publisher Frank Vega sought to justify the front page ad with a short publishers’ statement on page two. He wrote, “Today, the Chronicle begins publishing front page ads. Our advertisers recognize the value of the Chronicle brand, our audience and the priority of delivering key messages to you, our reader. In the recent past, newspapers such as the Wall Street Journal, the New York Times and USA Today have all announced their willingness to accept advertising in prominent positions.

“The Chronicle is committed to delivering you important news, information and advertising in a variety of new and engaging ways.”

Vega hasn’t been around long, and he may not know the history of Hearst’s obeisance to PG&E and so he may not realize that he was selling the front page to the utility that has created the biggest scandal in American history involving a city. But couldn’t someone over at 5th and Mission fill him in?

Meanwhile, over at City Hall, Hearst’s greenwashing for PG&E barreled along as usual. While Hearst allowed PG&E to take over the front page, the Chronicle was pitching in for PG&E on the news side by blowing off a major press conference and story by Sups. Tom Ammiano and Ross Mirkarimi on their introduction of their community choice aggregation plan. This is a major step toward public power that involves the city buying environmentally sound energy in bulk and selling it to the public at lower prices than what PG&E charges, which PG&E hates. Wyatt Buchanan, obviously new to the issue, buried the news in three dopey lines at the bottom of a supervisors’ roundup story. And he didn’t get the public power point, didn’t explain the plan properly, and didn’t even use the correct name the plan is known by “community choice aggregation.” And then Buchanan reports without blushing, “The plan faces a series of major hurdles before it came be implemented,” not mentioning that the major hurdle is that good ole greenwasher perched on the front page of his paper and spending millions on its greenwashing campaign. Doesn’t anybody over there fill in the virgin reporters about the PG&E crocodiles in the back bays of City Hall?

Let me start with but one point: The Guardian and I have for years documented how Hearst reversed its policy of supporting the building of the Hetch Hetchy dam and public power and has censored its news and editorials on behalf of PG&E since the late l920s. The reason has perhaps been best explained in the book “The Chief:The Life and Times of William Randolph Hearst” by David Nasaw, who is the chair of the doctoral history program at the Graduate Center of the City University of New York. Nasaw writes in his book, published in 2000, that Hearst and his old Examiner, the Hearst flagship paper, were for 40 years promoting “full municipal ownership and control of Hetch Hetchy water and power.” Hearst was opposed by the “business and banking communities, led by (Herbert) Fleishhacker, a board member of several of the bank and power trusts, who hoped to be able to privatize at least some of the Hetch Hetchy resources.” Fleishhacker was also the president of the London and Paris National Bank of San Francisco and Hearst’s chief source of funds on the West Coast.

Thus, Nasaw writes, “the basis for a Hearst-Fleishhacker alliance was obvious. Hearst needed Fleishhacker to sell his bonds, while the banker needed the Hearst newspaper to promote his (privatization) plans for Hetch Hetchy.”
Nasaw outlines the secret deal: Hearst got desperately needed cash. Fleshhacker and PG&E got a Hearst reversal of policy to support PG&E and oppose Hetch Hetchy public power–a policy that has lasted up to yesterday when Hearst sold its front page to PG&E (much too cheaply) and then stomped down an anti-PG&E, public power news story inside.

“No longer would the Hearst papers take an unequivocal stand for municipal ownership,” Nasaw writes, based on Hearst correspondence with John Francis Neylan, his West Coast lieutenant and publisher of the Examiner. “No longer would they employ the language and images that had been their stock in trade.”

And so PG&E bought Hearst in the mid-l920s and Hearst has stayed bought up to this very day. Through the years, as we have developed this theme story, I have asked every local Hearst publisher and many reporters and editors why their pro-PG&E/anti-public power campaign continues on, much to the damage of the paper’s credibility and much to the embarrassment of its staff. Nobody can explain. If anybody can, let me know.
Believe me, there will be much more to come on this issue, in the Guardian and in the Bruce blog.

Postscript: Awhile back, during the latest public power initiative in 2002, Susan Sward and Chuck Finnie did a splendid story on the scandal. But it was a quickie affair and the two reporters and their story were snuffed out, not to be heard from again.

Bruce B. Brugmann, who sees the poisonous fumes of the Mirant Power plant from my office window at the bottom of Potrero Hill, courtesy of PG&E, Hearst, and the San Francisco Chronicle and its greenwashing for PG@E campaigns B3

pg&e.jpg

A key test for Pelosi

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EDITORIAL Rep. Nancy Pelosi’s signature legislation came out of a Republican Congress. It was shortly after Newt Gingrich and his gang took control of the House that Pelosi began moving to privatize the Presidio; she argued that the GOP majority would never fund a real national park in San Francisco and the only way to prevent Congress from trying to sell off the land the military no longer wanted was to find a mechanism that wouldn’t cost any money and would be palatable to the archconservatives who were calling the shots.
When she’s criticized for the bill — and that’s been happening a lot lately — she replies, in effect: we had no choice. If we wanted to save this remarkable 1,400-acre parcel of land, we had to play the Republicans’ game. And indeed, her approach was everything that the Gingriches of the world liked: instead of using tax dollars to fund a national park (something that had been done since the birth of the National Park System), she created the semiprivate Presidio Trust, which was charged with raising enough cash through development and rents to pay the park’s own way by 2013.
Now we have George Lucas operating a commercial office building in the middle of the park and housing renting out at top market rates to wealthy tenants and a plan to turn a former hospital near Lake Street into a dense luxury condo complex — and, in general, the future of the park being driven by commercial interests.
But things are different now: Pelosi, not Gingrich, is calling the shots. The Democrats control both houses of Congress, the president is a lame duck bogged down in a war that is making him more unpopular by the day — and for the first time since the Sixth Army moved out and the privatizers moved in, there is no political reason why Pelosi can’t amend her bill and change the way the Presidio is run.
It’s clear that the current system isn’t working. The federal government keeps pouring big money into subsidizing the private ventures in the park. The Sierra Club, which initially supported Pelosi’s bill, is now demanding reform.
This is a test of how Pelosi will use her new power — and whether she was telling the truth when she blamed the privatization of the park on Republicans. She needs to introduce and push a bill to eliminate the Presidio Trust, turn the land over to the National Park Service, and manage it in the interest of the public, not private profit. SFBG

Drilling Mexico

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› news@sfbg.com
Macuspana, Tabasco, Mexico — The billboard posted along the scrubby highway running east in the sultry southern state of Tabasco displays lush jungle, a sun-dappled iguana, and a flock of dazzling macaws. “We’re working for a better environment” the giant road sign radiates.
The leafy graphic contrasts starkly with the blighted scenery of this tropical state, where rivers have been contaminated, the fish envenomed, and the corn fields blasted by acid rain that drips from the polluted sky thanks to the efforts of Petróleos Mexicanos (PEMEX), the national oil monopoly and its multiple transnational subcontractors. It is a testament to the fact that Tabasco holds Mexico’s largest land-based petroleum deposits.
But the billboard here in Macuspana — the swampy, oil-rich region settled by the Chontal tribe — was not posted by the Environmental Secretariat to inspire conservationism or even by PEMEX to burnish its tarnished image. No, this pristine scene is signed off by a familiar name for the United States: Halliburton de Mexico. The Houston-based petroleum industry titan’s south-of-the-border subsidiary is PEMEX’s largest subcontractor. Vice President Dick Cheney’s old megacorporation and the largest oil service provider on the planet has been doing business in Mexico for many years.
The privatization of PEMEX, nationalized in 1938 after depression-era president Lázaro Cárdenas expropriated Caribbean coast oil enclaves from Anglo American owners, was right at the heart of Mexico’s still-questioned July 2 presidential election. Right-winger Felipe Calderón, a former energy secretary, is committed to selling off Mexico’s diminishing oil reserves — or at least entering into joint agreements that would guarantee private corporations a substantial quotient of them (the reserves have only 10 more good years, according to the worst-case scenario).
On the other side of the presidential ledger, leftist Andrés Manuel López Obrador, a native of Macuspana who many Mexicans believe actually won the presidency, advocates maintaining the state’s control over PEMEX, an entity that pays for more than 40 percent of the Mexican government’s annual budget, on the grounds that the oil wealth of the nation belongs to the Mexican people and no one else.
Knowing full well which side their bread was buttered on, transnationals like Halliburton rushed to support Calderón — as did Cheney, the corporation’s former CEO (1995–2000), and his running mate, George W. Bush. Both Cheney and Bush have long-standing ties to the Mexican oil industry. Bush’s daddy ran Zapata Offshore, a PEMEX subcontractor, back in the 1960s. His partner Jorge Diaz Serrano, a former PEMEX director, served prison time for an oil tanker kickback scheme. Cheney’s Halliburton somehow finagled its way into lucrative service contracts for the newly opened offshore Cantarell field (said to contain upward of 12 billion barrels) back in the 1990s.
How Halliburton got in on the ground floor smells fishy to National Autonomous University professor John Saxe-Fernandez, who tracks strategic resources. The Cantarell contracts were assigned while Cheney was running the show in Houston. At the same time, the Texas conglomerate was busy across the Atlantic allegedly bribing Nigerian oil officials, according to press reports and a French magistrate.
The truth is the debate about privatizing PEMEX is no longer much of a debate. PEMEX has long since subcontracted virtually its entire exploration and perforation divisions to transnationals such as Halliburton, Fluor-Daniels, and the San Francisco–based Bechtel, leaving PEMEX a virtual shell.
Cheney’s old outfit has grabbed the lion’s share of this billion-dollar prize. Between 2000 and 2005, Halliburton picked up 159 contracts with PEMEX’s Perforation and Exploration division for a total of $2.5 billion, about a quarter of PEMEX’s annual operating budget, according to Saxe-Fernandez. The contracts cover everything from drilling slant and vertical wells to maintaining offshore platforms to logging out a jungle for the drilling of 27 turnkey wells in Tabasco and Chiapas.
With 1,250 employees and thousands of contract workers, Halliburton de Mexico has offices in Ciudad del Carmen, Campeche (the fast-shrinking Cantarell operation); Reynosa Tamaulipas, where Cheney’s boys are helping to exploit the Burgos natural gas fields; and Poza Rica Veracruz, a region in which Standard Oil’s Harry Doherty and Lord Cowry (Weetman Pierson), owner of what eventually became British Petroleum, once ruled with an iron fist and where Halliburton is now combing through what is left of its old Chicontepec field.
Halliburton also maintains offices in Mexico City and Villahermosa Tabasco, from which it oversees its off- and onshore Caribbean domain. Mexico’s Gulf Coast is not Halliburton’s only Caribbean operation. The KBR (Kellogg Brown Root) division of Cheney’s conglom built 207 cells at Guantánamo Bay, Cuba, in 2002 to house so-called enemy combatants.
Halliburton has had a boot planted in the rebel-ridden state of Chiapas since 1997, three years after the Zapatista Army of National Liberation (known in Mexico as the EZLN) rose up and declared war on the Mexican government after the conglom built a natural gas separation plant in the north of that southernmost state. In 2003, Halliburton won a $20 million contract to expand natural gas infrastructure at Reforma — autonomous Zapatista communities lie south and east of the Halliburton installations.
Both PEMEX’s and Cheney’s associates have their eyes on Chiapas — ample reserves lie under the floor of the Lacandon jungle in areas where the Zapatistas have established their caracoles, or public centers, according to studies by National Autonomous University political geographer Andrés Barreda. Indeed, the first battle between the EZLN and the Mexican military took place near a capped well at Nazaret in the canyons that lead down to the jungle floor near where the Zapatista Road to Hope (La Garrucha, the autonomous municipality of Francisco Gomez) now sits.
According to closely held PEMEX numbers unearthed by Houston oil investigator George Baker, Nazaret was putting out a million cubic feet of natural gas a day when it was capped back in the early 1990s. If Halliburton had been in the picture then, it probably would have picked up the contract, and Dick Cheney, an avid if erratic hunter, would have gotten a chance to exterminate many endangered Lacandon jungle species.
In a religious mood, Cheney once wondered out loud why God did not put the oil under democratic countries, and with that mission in mind, he has set out to democratize foreign oligarchies. His endeavor to bring democracy to Iraq has resulted in more than 50,000 Iraqi dead, civil war, devastation and destruction in every corner of the land, and the systematic sabotage of that nation’s petroleum infrastructure.
Now Cheney and his Halliburton associates say they are democratizing Mexico, having aided and abetted the stealing of the presidential election from López Obrador in favor of Calderón, who would privatize PEMEX. As a member of the Council of Communication, which groups together transnationals doing business in Mexico, Halliburton helped pay for a vicious TV campaign that featured defamatory hit pieces tagging López Obrador a danger to Mexico. Because only political parties can mount such campaigns, Halliburton’s participation was patently illicit, according to Mexico’s highest electoral tribunal.
Planted outside Halliburton de Mexico’s offices in a soaring skyscraper overlooking Paseo de Reforma, where López Obrador’s people would soon be encamped last summer, 80-year-old former oil worker Jacinto Guzman remembered the great strikes (his father was a striker) that had impelled Cárdenas to expropriate the Caribbean complexes where Halliburton now rules — and bemoaned the depredations of Cheney and others of his ilk against what belongs to the Mexican people.
Dressed in a wrinkled suit and hard hat, the old oil worker said he was even more vexed by Halliburton’s participation in the smear campaign to vilify López Obrador.
As he told me, “The gringos think they own our elections too.” SFBG
John Ross is the Guardian’s correspondent in Mexico. His latest book is ZAPATISTAS — Making Another World Possible: Chronicles of Resistance 2000–2006.

EDITOR’S NOTES

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› tredmond@sfbg.com
I started getting all the usual calls last week, from all of the usual national media outlets, with all the usual questions that a local political reporter gets when a local politician makes good. “Who is Nancy Pelosi, really? What do her constituents think of her? Is she going to bring Burning Man and gay marriage to Washington?”
My answer to everyone, from the liberals to the conservatives, was exactly the same:
Relax. There’s nothing to get excited about. Pelosi is by no means a San Francisco liberal. She’s a Washington insider, a born and bred politician who cares more about power and money than she does about any particular ideology.
I’m glad the Democrats are in charge, and Pelosi deserves tremendous credit for making that happen. But she’s not about to push any kind of ambitious left-wing political or cultural agenda.
Just look at her record. Pelosi was weak on the war and late in opposing it. She was the author of the bill that gave that well-known pauper George Lucas the lucrative contract to build a commercial office building in a national park. She worked with Republicans such as Don Fisher of the Gap on the Presidio privatization and set a precedent for the National Park System that the most rabid antigovernment conservatives can love.
Just this week Bloomberg News reported that Pelosi is working with Silicon Valley venture capital firms to weaken the post-Enron Sarbanes-Oxley law, which mandates strict accounting procedures for publicly held corporations.
And just a couple of weeks before the election, she told 60 Minutes that same-sex marriage is “not an issue that we’re fighting about here.”
I think it’s pretty safe to say she’s never been to Burning Man.
Pelosi, who is backing antiwar but also anti-abortion Pennsylvania Rep. John Murtha for majority leader, has an agenda for her first 100 hours. It’s nice moderate stuff — raising the minimum wage (to all of $7.25 an hour), lowering interest on student loans (but not replacing loans with grants), and allowing Medicare to negotiate for lower-priced drugs (but not making Medicare a national health insurance program for every American). Tactically, it’s brilliant: there won’t be a lot of national opposition, and Bush will look like a heel if he vetoes the bills.
In fact, as a political strategist and tactician, Pelosi has proven brilliant. She’s whipped together a dysfunctional party and led the most important electoral change to this country in more than a decade.
Along the way, though, she’s pretty much stopped representing San Francisco. On issue after issue, her constituents are way to the left of her. This fall she didn’t even bother to show up in the district (except to extract money for Democratic congressional campaigns around the country). She spent election night in Washington.
There are a lot of people who think that’s fine. Now that she’s speaker, she’ll be able to do a lot for this city, particularly when it comes to bringing in federal money. I appreciate the fact that her work on the national level, which often involved running away from San Francisco, will allow more-progressive Democrats like Los Angeles’s Maxine Waters to chair powerful committees that can go after White House cronyism and corruption.
But if the right-wing talk show hosts are worried about San Francisco liberals like me, they can take it easy: Nancy Pelosi is not one of us. SFBG

The first 40

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› bruce@sfbg.com
On Oct. 27, l966, my wife, Jean Dibble, and I and some journalist and literary friends published the first issue of the first alternative paper in the country that was designed expressly to compete with the local monopoly daily combine and offer an alternative voice for an urban community.
We called it the San Francisco Bay Guardian, named after the liberal Manchester Guardian of England, and declared in our statement of intent that the Guardian would be a new model for a big-city paper: we would be independent and locally owned and edited, and we would be alternative to and competitive with the San Francisco Examiner and San Francisco Chronicle, which were published under a joint operating agreement that allowed them to fix prices, pool profits, share markets, and avoid competition.
We stated that “the Guardian is proposed, not as a substitute for the daily press, but as a supplement that can do much that the San Francisco and suburban dailies, with their single ownership, visceral appeal and parochial stance, cannot and will not do.” And we played off the name Guardian by stating that we would be “liberal in assessing the present and past (supporting regional government, nuclear weapons control, welfare legislation, rapid transit, tax reform, consumer protection, planning, judicial review, de-escalation and a promptly negotiated settlement in Vietnam.)” But the Guardian would also be “conservative in preserving tradition (civil liberties and minority rights, natural resources, watersheds, our bay, our hills, our air and water).”
It was rather naive to challenge the Ex-Chron JOA with little more than a good idea and not much money and a wing and a prayer. We had almost no idea of what we were getting into in San Francisco, a venue that Warren Hinckle of Ramparts and many other defunct publications would later describe as the Bermuda Triangle of publishing. But we had, I suppose, the key ingredient of the entrepreneur — the power of ignorance and not knowing any better — and somehow thought that if we could just get a good paper going, the time being l966 and the place being San Francisco and the world being full of possibilities, we would make it, come hell or high water.
Well, after going through hell and high water and endless soap operas for four decades, Jean and I and the hundreds of people who have worked for the Guardian through the years have helped realize the paper’s original vision and created something quite extraordinary: an influential new form of independent alternative journalism that works in the marketplace and provides what little real competition there is to the monopoly dailies. And let me emphasize, the alternatives do not require government-sanctioned JOA monopolies and endless chains and clusters of dailies and the other monopolizing devices that dailies claim they need to survive.
Today I am delighted to report that there are alternative papers competing effectively with their local chains throughout the Bay Area (seven, more than any other region), throughout the state from Chico to San Diego (22, more than any other state), and throughout the nation (126 in 42 states, with a total circulation of 7.5 million, and more coming all the time). There are even cities with two and three competing alternatives, and there are cities where the monopoly daily is forced by the real alternatives to create faux alternatives to try to compete (it doesn’t work). And alas, there is now a Village Voice–New Times chain of 17 papers in major markets, including San Francisco and the East Bay, that is abandoning its alternative roots and moving to ape its daily brethren.
Jean and I met at the University of Nebraska at Lincoln in 1957. Two friends and I were driving around Lincoln one fine spring day, drinking gin and tonics, which were drawn from a tub of gin and tonic that we had mixed up and stashed in the trunk of our car. We happened upon Jean and her younger sister, Catherine, who had come from a Theta sorority function and were standing on a street corner waiting for their mother to pick them up and take them to the Dibble family home in nearby Bennet (population: 412). We stopped, convinced them to ride with us, and got them safely home. They declined our offer of gin and tonics, as did their astonished parents and grandmother when we arrived at the Dibble house.
Jean and I made a good team. We both had small-town Midwestern values and roots in family-owned small-business. Her father owned lumberyards in small towns in southeast Nebraska. Her maternal grandfather founded banks in Kansas and Nebraska and was the state-appointed receiver for failed banks in Kansas during the Depression. Her paternal grandfather owned a grocery store in Topeka, Kan. Jean had the business background and the ability to create a solid start-up plan — she was a graduate of the Harvard-Radcliffe Program in Business Administration and had worked in San Francisco for Matson Navigation as well as Hansell Associates, a personnel firm.
I was the son and grandson of pioneering pharmacists in Rock Rapids, Iowa. (Population: 2,800. Slogan: “Brugmann’s Drugs. Where drugs and gold are fairly sold. Since l902.”) I had the newspaper background, starting at age l2 writing for my hometown Lyon County Reporter (under the third-generation Paul Smith family); going on to the campus paper (which we called the Rag) and then the Lincoln Star (under liberal city editor “Sterl” Earl Dyer and liberal editor Jimmy Lawrence); getting a master’s degree in journalism at Columbia University in New York City; and then working at Stars and Stripes in Korea (dateline: Yongdongpo), the Milwaukee Journal (where I got splendid professional training at one of the top 10 daily papers in the country), and the Redwood City Tribune (where I plowed into some of the juicy Peninsula scandals of the mid-l960s in bay fill, dirt hauling, and the classic Pacific Gas and Electric Co.–Stanford University Linear Accelerator battle). To those who ask how Jean and I have worked together for 40 years, I just say we have complementary abilities: she handles the bank, and I handle PG&E.
Not only did I find my partner at the University of Nebraska, but I also got the inspiration for the Guardian. In fact, I can remember the precise moment of truth that illuminated for me the value of an alternative paper in a city with a monopoly daily press (then, in Lincoln, a JOA between the afternoon Lincoln Journal and the morning Lincoln Star) that was tied into the local power structure, then known as the O Street gang (the local business owners along the downtown thoroughfare O Street). The O Street gang was so quietly powerful that it once decided to fire the Nebraska football coach before anyone bothered to notify the chancellor.
As a liberal Rag editor in the spring of 1955, I had just put out an important front-page story on how one of the most controversial professors on campus, C. Clyde Mitchell, who had been under fire for years from the conservative Farm Bureau and others because of his liberal views on farm policy, was being quietly axed as chair of the agricultural economics department.
We had gotten the tip from one of Mitchell’s students and had confirmed it by talking to professors in his department who had attended the meeting where the quiet firing was announced by Mitchell’s dean. Our lead story was headlined “Ag Ex Chairman Mitchell said relieved of post, outside pressures termed cause.” And I wrote a “demand all the facts” editorial arguing in high tones that “any attempt to make professors fair game for irresponsible charges, any attempt by pressure groups unduly to influence the academic position of university personnel … is an abridgment of the spirit of academic freedom and those principles of free communication protected by the Constitution and the Bill of Rights.” It was a bombshell.
The Lincoln Journal fired back immediately with a classic daily front-page story seeking to “scotch” the nasty rumors started by that pesky Rag on the campus. The story had all the usual recognizable elements: it did not independently investigate, did not quote our story properly, did not call us for comment, took the handout denial from the university public relations office, and put it out without blushing. Bang, that was to be the end of it, on to the next press release from the university.
It made me mad. I knew our story was right, the daily story was wrong, and the story was important and needed to be pursued. And so I stoked up a campaign for the rest of the semester that ultimately emboldened Mitchell to make formal charges that the university had violated his academic freedom. He gave us the scoop for two rousing final editions of the Rag. The proper academic committee investigated and upheld Mitchell but dragged the case out and waited until I graduated to release the report.
Against the power structure and against all odds, Mitchell, the Rag, and I had won the day and an important victory on behalf of academic freedom in a conservative university in a conservative state during the McCarthy era. During this battle I learned how the power structure fights back against aggressive editors. At the height of my campaign defending Mitchell, I was kept out of the Innocents Society, the senior men’s honorary society, although my four subeditors and managers all made it in. The blackball, the campus rumor went, came directly from the regents president, J. Leroy Welch, then president of the Omaha Grain Exchange (known to our readers as the “Old Grain Head”), via the chancellor via the dean of men.
I am forever indebted to them. They taught me at an impressionable age about the power of the alternative press and why it is best exercised by an independent paper on major power structure issues. They also taught me a lot about press freedom, which they were trying to grab from the Rag and me, and how we had to fight back publicly and with gusto.
When Jean and I founded the Guardian, we did so in the spirit of my old Rag campaigns. In fact, we borrowed the line from the old Chicago Times and put it on our masthead: “It is a newspaper’s duty to print the news and raise hell.” We wanted a paper that would be willing and able to do serious watchdog reporting and take on and pursue the big stories and issues that the monopoly dailies ignored — and then were ignored by the radio, television, and mainstream media that take their news and policy cues from the Ex and Chron. In JOA San Francisco that was a lot of stories, from the PG&E Raker Act scandal to the Manhattanization of the city to the theft of the Presidio to the steady conservative downtown drumbeat on such key issues as taxes, social justice, the homeless, privatization, war and peace, and endorsements.
Significantly, because of our independent position and credibility, we were able to lead tough campaigns on public power, kicking PG&E out of a corrupted City Hall and putting a blast of sunlight on local government with the nation’s first and best Sunshine Ordinance and Sunshine Task Force.
Our first big target in our prototype issue was the Ex-Chron JOA agreement, which we portrayed in an editorial cartoon as two gigantic ostrich heads coming out of a single ostrich body, marked in the belly with a huge dollar sign. Our editorial laid out the argument that we have used ever since in covering the local monopoly and in positioning the Guardian as the independent alternative. “What the public now has in San Francisco, as it does in all 55 or so of 1,461 cities with dailies, is a privately owned utility that is constitutionally exempt from public regulation, which would violate freedom of the press. This is bad for the newspaper business and bad for San Francisco.”
The Guardian prospectus, used to raise money for the paper, bravely put forth our position: “A good metropolitan weekly, starting small but speaking with integrity, can soon have influence in inverse proportion to its size. There is nothing stronger in journalism than the force of a good example.”
It concluded, “The Guardian can succeed, despite the galloping contraction of the press in San Francisco, because there are many of us who feel that the newspaper business is a trade worth fighting for. That is what this newspaper is all about.” And we quoted the famous phrase used by Ralph Ingersoll in the prospectus for his famous PM newspaper in New York: “We are against people who push other people around.”
Our journalistic points were embarrassingly timely. A year before the Guardian was launched, Hearst and the Chronicle had formed the JOA with the Examiner and killed daily newspaper competition in San Francisco. The two papers combined all their business operations — one sales force sold ads for both, one print crew handled both editions, one distribution crew handled subscriptions and got both papers out on the streets. The newsrooms were supposedly separate — but as we pointed out over and over at the time and ever after, the papers lacked any economic incentive to compete.
The San Francisco JOA became the largest and most powerful agreement of its kind in the country, and San Francisco was the only top-10 market in the country without daily competition.
This was all grist for the Guardian editorial mills because the JOAs, most notably the recent SF JOA, were in serious legal trouble. The US attorney general was successfully prosecuting a JOA in Tucson, Ariz., claiming the arrangement was a violation of antitrust laws. Naturally, the local papers were blacking out the story. But if the Tucson deal was found to be illegal, the Chron and Ex merger would be illegal too — and the hundreds of millions of dollars the papers were making off the arrangement would be gone.
The JOA publishers, led by Hearst and the Chronicle, quietly started a major lobbying campaign in Washington for emergency passage of a federal law that would retroactively legalize their illegal JOAs. They called it the Newspaper Preservation Act. Meanwhile, the late Al Kihn, a former camera operator for KRON-TV (which was at the time owned by the Chronicle), had prompted the Federal Communications Commission to hold hearings on whether the station’s license should be renewed. His complaint: his former employer was slanting the news on behalf of its corporate interests. We pounced on these stories with relish.
For example, in our May 22, 1969, story “The Dicks from Superchron,” we disclosed how private detectives under hire by the Chronicle were probing Kihn’s private life and seeking to gather adverse information about him to discredit his complaint and to “harass and intimidate him,” as we put it. Later, I found that the Chronicle-KRON had also hired private detectives to get adverse information on me.
I was a suspicious character, I guess, because I had gone to the KRON building to check the station’s public FCC file on the Kihn complaints, the first journalist ever to do so. The way the story came out at a later hearing was that the station’s deputy director left the room as I was going through the records and called Cooper White and Cooper, then the Chronicle’s law firm. An attorney called their investigators, and four cars of detectives were pulled off other jobs and ordered to circle the building until I came out and then follow me when I left the station to return to my South of Market office. They also surveilled me for several months and even sent a detective into the office posing as a freelance writer. (The head of the detective agency and I later became friends, and he volunteered that I was “clean.” He gave me a pillow with a large eye on it that said “You are being watched.” I displayed it proudly in my office.)
Kihn and I were asked to testify before a Senate committee about the Chronicle-KRON’s use of private detectives at hearings on the Newspaper Preservation Act in Washington in June 1969. I took the occasion to call the legislation “the bill for millionaire crybaby publishers.”
I detailed the subsidies in their special interest legislation: “amnesty, immunity from prosecution, monopoly in perpetuity, the legal right to gun down what few competitors remain, and as the maraschino cherry atop this double-decker sundae, anointment as the preservers and saviors of the newspaper business.” And I summed up, “If you plant a flower on University of California property or loose an expletive on Vietnam, the cops are out of the chutes like broncos. But if you are a big publisher and you violate antitrust laws for years and you emasculate your competition with predatory practices and you drive hundreds of newspapers out of business, then you are treated as one of nature’s noble men. And senators will rise like doves on the floor of the US Senate to proffer billion-dollar subsidies.”
After I finished, Sen. Everett Dirksen (R-Illinois) rose as the first dove and characterized my testimony as “quite a dramatic recital” but said that I had not provided a “workable, feasible solution.” Sen. Philip Hart (D-Michigan) recommended that the publishers ought to “read their own editorials and relate them to their business practices.” Morton Mintz, who covered the hearing for the Washington Post, came up and congratulated me. His story, with my picture and much of my testimony, was on the front page of the Post the next day.
Back in San Francisco the Chronicle published a misleading short story in which publisher Charles de Young Thieriot avoided admitting or denying the detective charge and added he had no further comment. Less than a week later, Thieriot wrote the Senate subcommittee and admitted to the charge, saying the use of the detectives was “entirely reasonable and proper.” This statement, which contradicted his statement in his own paper, was not reported in the Chronicle. The “competing” Examiner also reported nothing — neither the original private detective story nor the Washington testimony nor the Thieriot admission.
Nor did either paper report anything about the intensive JOA lobbying campaign headed by Hearst president Richard Berlin, who twice wrote letters to President Richard Nixon threatening the withdrawal of JOA endorsements in the l972 presidential election if he refused to sign the final bill. This episode illustrated in 96-point Tempo Bold the pattern of Ex and Chron suppression and obfuscation they used to advance their corporate agenda at the expense of the public interest and good journalism, all through the years and up to Hearst’s current monopoly maneuvers with Dean Singleton and the Clint Reilly antitrust suit to stop them.
Perhaps the most telling incident came when Nicholas von Hoffman, in his Washington Post column that was regularly run in the Chronicle, called the publishers “as scurvy as the special interests they love to denounce.” He singled out the Examiner and Chronicle publishers, writing that they were “so bad that the best and most reliable periodical in the city is the Bay Guardian, a monthly put out by one man and a bunch of volunteer helpers.” Neither paper would run the column, and neither paper would publish it as an ad, even when we offered cash up front. “The publisher has the right to refuse to run anything he wants, and he doesn’t have to give a reason,” the JOA ad rep told us. The Guardian of course gleefully ran the censored column and the censored ad in our own full-page ad.
On July 25, l970, the day after Nixon signed the Newspaper Preservation Act, the Guardian filed a major antitrust action in San Francisco attacking the constitutionality of the legislation and charging that the Ex-Chron JOA had taken the lion’s share of local print advertising, leaving only crumbs for other print publications in town. We battled on for five years but finally settled because the suit became too expensive. The Examiner and Chronicle continued to black out or marginalize the story, but they and the other JOA papers gave Nixon resounding endorsements in the l972 election even though he was heading toward Watergate and unprecedented disgrace.
Well, in October 2006 the mainstream press is a different creature. Hearst and publisher Dean Singleton are working to destroy daily competition and impose a regional monopoly. The Knight-Ridder chain is no more, and the McClatchy chain has turned the KR remains into what I call Galloping Conglomerati. Even some alternatives, alas, are now getting chained. Craigslist has become a toxic chain. Google, Yahoo!, and Microsoft (known as GYM in the online world) are poised to swoop in on San Francisco and other cities throughout the land to scoop up the local advertising dollars and ship them as fast as possible back to corporate headquarters on a conveyor belt.
I am happy to report on our 40th anniversary that the Guardian is aware of the challenge and is gearing up in the paper and online to compete and endure till the end of time, printing the news and raising hell and forcing the daily papers to scotch the rumors coming from our power structure exposés and our watchdog reporting. The future is still with us and with our special community and critical mission, in print and online. See you next year and for 40 more. SFBG
STOP THE PRESSES: As G.W. Schulz discloses in “A Tough Pill to Swallow,” (a) Hearst Corp. was fined $4 million in 200l by the Justice Department for failing to turn over key documents during its monopoly move to purchase a medical publishing subsidiary, the highest premerger antitrust fine in US history, according to a Justice Department press release; (b) Hearst was also forced by the the Federal Trade Commission to unload the subsidiary to break up its monopoly and disgorge $l9 million in profits generated during its ownership; (c) Hearst-owned First DataBank in San Bruno was alleged in the summer of 2005 to have inflated drug costs by upward of $7 billion by wrongly presenting drug prices, according to a lawsuit reported in a damning lead story in the Oct. 6 Wall Street Journal. Hearst blacked out the stories. And the Dean Singleton chain circling the Bay Area hasn’t pounced on the stories as real daily competitors used to do with fervor.
STOP THE PRESSES 2: SOS alert to the city and business desks of the “competing” Hearst and Singleton papers: here are the links to the key documents cited in our stories, including federal court records of the Oct. 6 Boston settlement with the Hearst-owned First DataBank (www.hagens-berman.com/first_data_bank_settlement.htm), the Justice Department’s antitrust fine of Hearst in 200l (www.usdoj.gov/atr/cases/indx330.htm), and the Federal Trade Commission decision requiring Hearst to give up its monopolistic subsidiary, Medi-Span (www.ftc.gov/bc/healthcare/antitrust/commissionactions.htm).

Or you can read the Guardian each week in print or online.

Politics, beauty, and hope in the Guardian’s arts pages


Forty years of fighting urbicide — and promoting a very different vision of a city

San Francisco could totally kick Google’s ass

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By G.W. Schulz

It’s always been difficult to imagine that privatization could become so popular entire cities would actually begin outsourcing all of their administrative functions. But it’s occurring, according to the USA Today. Truly scary. Anyone who thinks private companies that claim they can handle the public sector and save mobs of money won’t eventually get into some kind of trouble in their haste to generate profits isn’t thinking clearly.

Welcome to the nightmare

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MEXICO CITY (Sept. 14th) – In an epiphany of how he might have to govern Mexico if, in fact, an aggrieved left opposition allows him to assume the presidency December 1st, right-winger Felipe Calderon had to be helicoptered to the bunker in the deep south of this conflictive capital, where the nation’s top electoral tribunal doing business as the TRIFE was to hand him the certificate attesting that he had, in the judges’ less-than-august opinions, won the hotly-contested July 2nd election from leftist Andres Manuel Lopez Obrador (AMLO.).

Upon emerging from the chopper, which had been accompanied by a military gunship, the stubby, balding Calderon, his eyes darting like the proverbial deer caught in the headlights, was quickly hustled into the TRIFE headquarters by the back door, a full 90 minutes before the actual ceremony was to commence, a subterfuge necessitated by the presence by thousands of AMLO’s enraged supporters, some of whom had already stripped naked.

Calderon’s witnesses – members of his campaign team and functionaries of the archly-rightist PAN party who had the misfortune to arrive by land — were greeted by clods of earth and screams of “Rateros!” (Thieves) and “Fraude!” (Fraud.) The ritual unfolded under a steady barrage of rotten eggs and tomatoes that AMLO’s people kept hurling at the TRIFE bunker, a kind of Aztec version of a U.S. missile silo, to express their unhappiness with the seven-judge panel that had neither heard nor seen any evil in the maladroit machinations of President Vicente Fox, the Federal Electoral Institute (IFE), and the PAN to steal the election from their candidate.

On September 5th, just hours before the constitutional deadline for confirming the next president of Mexico, the TRIFE had finally handed down its eagerly anticipated decision. In the learned justices’ unanimous judgment, outgoing president Vicente Fox’s unconstitutional intromission in the electoral campaign on behalf of Calderon had put the validity of the July 2nd balloting “at risk.”

Moreover, months of venomous anti-AMLO hit pieces designed by U.S. carpetbagger Dick Morris that labeled Lopez Obrador a DANGER to Mexico in big red letters “unquestionably” impacted the results and were illegally financed by big business councils that included such transnationals as Wal Mart and Halliburton, a patently criminal act.

In addition, the election was riddled with “arithmetic mistakes.” The TRIFE’s own recalculation of the actual vote count, effected by its much-maligned twin the IFE, demonstrated beyond a shadow of a doubt that Calderon had been credited with hundreds of thousands of votes that could not be substantiated by the number of ballots inside the ballot boxes. A partial recount of 9.7% of the 130,000 “casillas” (precincts) had turned up a total of 237,000 questionable votes that the TRIFE had chosen to annul, a quarter of those cast in the sample, and more than Calderon’s supposed margin which had been reduced to 233,000 out of a total 41.5 million cast.

Having duly noticed these egregious outrages, the seven judges concluded that they could not calibrate the impact of such organized criminal activity upon the final outcome and awarded the presidency to one Felipe de Jesus Calderon Hinojosa to the great delight and immediate congratulations of Mexico’s masters in Washington D.C.

Did the TRIFE go into the tank? Three of the justices are expected to be promoted to the Mexican Supreme Court when and if Felipe Calderon takes over the presidency. A fourth, Alejandro Luna Ramos, who will remain at the helm of the electoral tribunal, is a business partner of PAN topdog “El Jefe” Diego Fernandez de Cevallos – El Jefe won millions for the Ramos family from the Mexico City government before AMLO became mayor in a shady land deal involving the site of the Aztec football stadium. A Ramos sister sits on Mexico’s Supreme Court.

Lopez Obrador has suggested that the judges were willing recipients of “canonazos” (cannonades of pesos) to help them better contemplate the “validity” of the election. Porfirio Munoz Ledo, a hoary political chameleon who was Fox’s ambassador to the European Union, describes a post-electoral huddle at the home of Chief Supreme Court Justice Mariano Azuela, a Fox ally, where the Presidente warned the “TRIFitos” that should they declare the election null and avoid due to the overwhelming evidence of fraud, the Mexican economy would collapse and anarchy would reign in the streets. Although Munoz Ledo is an unsavory sort, his sources are usually impeccable.

Now that the TRIFE has legitimized the fraud, the IFE brain trust under the beady gaze of the chief architect of the July 2nd debacle, Luis Carlos Ugalde, is moving quickly to destroy the evidence. Following the modus operandi established after the stolen election of 1988 when the then-ruling PRI in connivance with the PAN ordered the ballots to be burnt by the military, the IFE has refused petitions from 16,000 suspicious subscribers to PROCESO magazine and a blue-ribbon commission of prominent members of the civil society to allow them to conduct a citizens recount of the ballots that are now, once again, under the protection of the military. Never! Ugalde and his mafia scoff. The ballots are “inviolable!” “The property of the people!”

But, on the other hand, the ballots are not “documents” open to public scrutiny as guaranteed by law, the IFE contends, and therefore are eminently “burnable” under current electoral stipulations. Ugalde’s ruling was described as “metaphysical” by National University law professor John Ackerman. According to the IFE’s hypothesis, the ballots were “documents” before they were marked by the voters but now they have been reduced to symbolic “expressions of the people’s will” and thus are candidates for the incinerator.

AMLO is sworn to preventing a repeat of the 1988 flimflam and his people are pleading with Azuela’s Supreme Court to stay the December date set for the burning – after all, an Ohio court just stepped in to save what ballots remain from Bush’s stealing of that state’s electoral votes in the smarmy 2004 presidential balloting. Not without a certain sense of déjà vu all over again, the final arbiter in this dispute may well be (who else but?) the TRIFE.

As illustrated by his armed airlift to the TRIFE silo, Felipe Calderon has a problem meeting the people he intends to govern over the next six years. In his first junket as president-elect, Fecal (as his detractors have dubbed him) took a sentimental journey to his native Morelia, the capital of the narco-ridden western state of Michoacan, where he was scheduled to lay a wreathe at the feet of that city’s namesake, Jose Maria Morelos y Pavon, a black defrocked priest who led the guerrilla war against the Spanish Crown several centuries before the 44 year-old Calderon first slithered from the darkness of his PANista mother’s womb.

Calderon’s family on all sides is a founding pillar of the PAN, an Opus Dei-like creature of Catholic bankers formed to denigrate Mexico’s beloved depression-era “Bolshevik” president Lazaro Cardenas, also a Michoacan native whose grandson, also Lazaro Cardenas, now besmirches that hallowed name as governor. Indeed, Calderon ‘s trip to Michoacan was designed to split Lopez Obrador’s three-party Coalition for the Good of All – young Cardenas is titularly a member of the PRD, AMLO’s home party, founded by his father Cuauhtemoc after he was swindled out of the presidency in 1988.

But Felipillo never made it to Morales’s feet (the good padre probably exhaled a sigh of relief). Hundreds of AMLO’s faithful tore down the barricades, tossed the usual rotten eggs and tomatoes at Calderon’s entourage, battled Cardenas’s state police and the elite Presidential military guard, and generally made the venue so unsafe that the wreath-laying had to be called off and the president-elect sped into a nearby locked-down convention center for a speech to a carefully-culled audience of “perfumados” (literally the perfumed ones.)

The draconian security measures at the convention center – sniffer dogs, metal detectors, pat-down searches – were not unwarranted. On the eve of Calderon’s confirmation, in Michoacan’s second city Uruapan, the capital of the state’s “hot lands” where drug cropping accounts for the whole economy, a ski-masked commando burst into a local dance hall, forced the patrons to lie face down on the dance floor under pain of being Swiss cheesed by the automatic weapons they were waving convincingly, and carefully removed five severed human heads from black plastic bags which they artfully arranged in the center of the “pista” (dance floor) with the accompanying message: “the family does not kill for money. It does not kill women. It does not kill innocents. Those who deserve to die, die. Justice is divine.”

This country has been visited by unspeakable acts of narco-terrorism in the months that Calderon has been blaspheming Lopez Obrador as “a DANGER to Mexico” (thanks Sasha for this observation). Such beheadings are now a regular feature of the cityscapes in Acapulco and Tijuana. Corpses are strewn in Baghdad-sized numbers each month in the rural outback of Sinaloa, Jalisco, Guerrero, Michoacan, and Chiapas. Judges are gunned down on their way to court at La Palma, Mexico’s maximum narco-lockup – published reports speak of a “psychosis of fear” spooking the nation’s judiciary. The brains of industry and the stock market are not immune from being splattered all over the street. Last week, the top official of a privatized customs agency part-owned by Fox’s financial secretary Francisco Gil, was cut down by professional hit men on a busy Mexico City street as the end-of-the-administration chickens begin to come home to roost. La Jornada, the left daily, has even gone on “suicide” watch – officials often blow their brains out or sever their veins with box cutters at such moments in the Mexican political dynamic.

The TRIFE’s confirmation of the stealing of the 2006 election has generated an avalanche of accolades for Felipe de Jesus – Bush and his crony ambassador Tony Garza were first in line to extend their congratulations all over again (they did so hours after the deeply flawed preliminary vote count came in July 2nd.) Spain’s Rodriguez Zapatero and his pals at REPSOL were right behind, looking to get in on the ground floor of the fire sale of privatization Calderon has pledged for PEMEX, the once-nationalized state petroleum enterprise. The U.S. State Department’s “democratic” answers to Hugo Chavez and Evo Morales, Alan Garcia and Oscar Arias, along with Salvador’s fawning Tony Saca chimed in. Improbably, so did Nestor Kirschner – can Fidel and Lula be far behind?

But to my ear, the most appropriate toast to Felipe Calderon ‘s confirmation as the next president of this dangerous neighbor nation was one that was not sounded (at least not yet.) In 1994, after Ernesto Zedillo had finally relieved the reviled Carlos Salinas at the wheel of state, the still missing-in-action Subcomandante Marcos scribbled salutations to the new prez that began, much as does this chronicle, “Welcome to the Nightmare.”

This past Sunday, Lopez Obrador’s weekly packed-as-usual revival meeting in the Zocalo transpired parallel to Felipe Calderon’s “victory” celebration, held appropriately enough in a bullring in an affluent district of the capital. AMLO’s numbers as always dwarfed his diminutive rival’s – the PAN reportedly padded out the crowd by requiring the compulsory attendance of Catholic school children and their parents. and the wealthy burghers in the south of the city were said to have obligated their servants to attend.

While the President-elect swore vengeance on his enemies across town, AMLO did not. As always, he let his furious flock call Fecal bad names but eschewed even mentioning his rival. Lopez Obrador had other plans. The seven week, seven mile encampment of his followers that so vex upper and middle class “capitolinos” would stay in place through Friday night, September 15th, the eve of Mexican Independence Day when AMLO intends to deliver the “Grito” of “Viva Mexico!” to the multitudes gathered in the great square, an honor reserved for the President of Mexico.

But rather than challenging the Mexican military, AMLO’s people will then dismantle their encampments and retreat from the Zocalo for 12 hours to allow the Generals and Admirals to conduct their traditional Independence Day parade. “The army belongs to the people, not the government – we have no argument with this institution,” AMLO explained seeking to mollify his militants who are reluctant to step back. “Many members of military families voted for us July 2nd. And besides the troops are so badly paid that they can’t even support their families.”

Once the military procession which always features tanks and jet fighter planes is done with – Vicente Fox will wave it on from a balcony of the National Palace and receive it at the newly refurbished (by the PRD Mexico City government) Angel of Independence – an expected million delegates to Lopez Obrador’s National Democratic Convention (CND) will retake the Zocalo and sit in session to install AMLO as the legitimate president of Mexico.

But Fox, who was prevented from delivering his State of the Union address to congress September 1st when Lopez Obrador’s senators and deputies stormed the tribune, is said to be obsessed with decrying his final Grito from the presidential balcony overlooking the Zocalo. Cornered between his hubris and personal ambition for a notch in history, and the huge angry crowd seething in the plaza below, the outgoing president could make a fatal mistake by turning the military and/or the military police on AMLO’s people to force them out of the Tiennemens-sized square that sits at the heart of Mexico’s political life, a move that indeed invokes both Tiennemens and Tlatelolco where in 1968 hundreds of striking students were massacred by the paranoid, anti-communist president Gustavo Diaz Ordaz, and a wound that has never closed here.

As Sub Marcos so eloquently waxes: “Welcome to the Nightmare.”

John Ross’s “ZAPATISTAS! Making Another World Possible – Chronicles of Resistance 2000-2006” will be published in October by Nation Books and the Blindman will set out on a tour of the left coast from border to border and beyond to flog it. But before the flogging comes the honeymoon. Sasha Crow and John Ross (they met while human shielding in Baghdad) will be traveling in Turkey and Greece for the next few weeks.

Here comes Miami Beach

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› gwschulz@sfbg.com
A pebbled, unmarked trail crunches underneath Peter Loeb’s soft leather shoes as he walks through the Rockaway Quarry in Pacifica, his dog following behind.
Until recently, the 87-acre plot was owned by a man named William F. Bottoms. But he never showed much interest in developing it, and locals have long used the network of trails for hiking. It’s one of the few remaining vacant lots of its size in Pacifica.
Bordering the west side of the property is a ridgeline — a small stone peak literally cut in half by what was once a noisy limestone mining operation — that separates the Pacific Ocean from flat seasonal marshlands that turn to rolling hills just past the highway, where the property stops.
Like the rest of the small coastal town, the former quarry is submerged much of the year in a thick, fast-moving fog. From the ground, it hardly seems like an ideal place in which to introduce luxury living.
“It’s the windiest spot in Pacifica,” Loeb says. “It’s the coldest, windiest spot in the whole city.”
But its close proximity to San Francisco has a headstrong Miami developer drooling.
R. Donahue Peebles bought the quarry last summer for what he says was $7.5 million, and although he hasn’t actually submitted a formal proposal to the town, he’s talking about building 350 exclusive hotel suites, 130 single-family homes, more than 200 town houses, live-work lofts and apartments, and an untold number of stores, such as the Gap and Trader Joe’s.
It’s an unusual battle for the normally quiet town. Tucked 10 miles south of San Francisco just off Highway 1, Pacifica is a largely middle-class bedroom community of about 37,000 people that’s so overwhelmingly residential, it’s hardly seen any commercial development larger than a shopping center with a Safeway.
Loeb served on Pacifica’s City Council for eight years in the 1980s and has lived in the same home near the quarry for three decades. He helped formulate the land use plan for the property, which was designated a redevelopment area in 1986. The plan calls for mixed-use residential and commercial spaces, preservation of the walk and bikeway system, and “high-quality design in both public and private developments including buildings, landscaping, signing and street lighting.”
Joined by a stay-at-home dad named Ken Restivo, Loeb is now organizing the opposition to Peebles — and it hasn’t been an easy task. Peebles has already poured several hundred thousand dollars into a campaign to overturn a 1983 city law that requires voter approval of a housing element in the redevelopment zone. This in a town where the typical council candidate spends less than $10,000 running for office.
Of course, as the opponents point out, it’s not clear exactly what Peebles wants to do. His plans are still tentative; he’s trying to get blanket approval for a massive development before he actually applies for a building permit.
The point of the 1983 law was to ensure that new development on the property would be mixed-use, mostly to offset the city’s high residential concentration and to increase the amount of money the city received in tax revenue.
“What he’s trying to do is privatize the certainty and socialize the risk,” Restivo said. “He wants to know whether he can build the houses before he even starts with a plan, and he wants to leave us trusting him to do whatever.”
Measure L on the November ballot would give Peebles the right to include as many as 355 housing units in any final plan. But even if the bill passes, Pacifica’s City Council would get to negotiate and vote on any final deal with Peebles.
Peebles isn’t the first developer to spend a small fortune attempting to overcome the required ballot vote to develop housing on the quarry, which could attract buyers from all over the millionaire-heavy Bay Area. A similarly well-funded effort failed just four years ago.
The difference is, Peebles likes to win — and has proven before that he knows how to do it.
When it comes to commercial and residential development, Peebles is a prodigy of sorts.
At just 23 years old, after one year at New Jersey’s Rutgers University, the ambitious young man forged a relationship with Washington, DC’s infamous former mayor Marion Barry.
The returns were handsome. Barry appointed Peebles to a city property assessment appeals board membership, a sleep-inducing government function that is nonetheless among the most powerful at the municipal level. Peebles also counts the legendary former congressman and now Oakland mayor–elect Ron Dellums as a mentor; a teenage Peebles worked for him as a legislative page.
“Ron was an interesting person,” Peebles said in a recent phone interview. “One of the things I learned was that you can have your own ideas. He was a very liberal member of Congress. He got to chair two committees even though he was an antiwar person [during Vietnam], because he respected the process.”
After a short tenure on the assessment board, Peebles was developing thousands of square feet of commercial space across the nation’s capital under the Peebles Atlantic Development Corporation, today known simply as the Peebles Corporation. Eventually, an attempt to lease a multimillion-dollar office building to the city inspired accusations of cronyism, according to a 2001 Miami New Times profile. Peebles left Washington and moved to Florida.
There he indulged in the truest spirit of American affluence, putting together enormous hotels and condominium complexes, working in partnership with public agencies. He earned a reputation for resorting to multimillion-dollar litigation when those relationships went bad.
Peebles is well aware that major developments naturally attract conflict. He says it took him a while to become thick-skinned as a controversial developer. In south Florida, however, he proved skilled at getting cranes into the air, completing a $230 million residential tower and a $140 million art deco hotel in Miami Beach during the first half of this decade.
And now he’s set his sights on the low-density, small-scale town of Pacifica.
“Pacifica is unique in many ways, but politically it’s not,” he told the Guardian. “If you look at any city, small or large, it always has people on both sides of the issue. There are people who like to say ‘no’ a lot. [In] most environments — if you look by and large across the country, DC for example — developers are generally not the most popular all the time. Pacifica is not different politically in that regard from other places.”
Press accounts depict Peebles as highly self-assured, even cocky. He once cited his favorite saying to the San Francisco Business Journal as “Sometimes you have to be prepared to stand on the mountain alone.” But he’s also charming and enthusiastic, something that Loeb admits has won Peebles the hearts of many Pacificans.
“The comments we get from people who have seen him speak is, ‘I was soooo charmed by him. I trust him,’” Loeb said. “On the basis of what?”
Restivo chimed in, “He’s a very charismatic speaker. He makes promises and gives voice to people’s fantasies and wishes.”
Pacifica isn’t technically the first place in California where Peebles has attempted to introduce his version of the East Coast’s taste for high-rise condos and hotels. In 1996 a bid to redevelop the old Williams Buildings at Third and Mission in San Francisco crumbled when the partnership he’d created with Oakland businessman Otho Green turned into a civil battle in San Francisco Superior Court. The two couldn’t agree on who would control the majority stake, and another bidder was eventually chosen by the San Francisco Redevelopment Agency. Peebles and Green later settled a $400,000 dispute over the project’s deposit, according to court records. Green, in fact, alleged in a complaint against the city that Willie Brown had him kicked out of the deal.
The 1996 fallout notwithstanding, Pacifica marks the first time Peebles has actually bought land on the West Coast for development.
And he’s using a proven political tactic to win over hearts and minds: fear.
The quarry is still zoned as commercial land, and if Measure L fails, Peebles reminds Pacificans, he could go to the city council with a proposal that strictly includes retail and office space.
In a letter he circulated to the city’s residents, he warned that the alternative to a plan that includes housing could just as easily be a Wal-Mart.
“Your ‘yes’ vote means we will have an opportunity to study and evaluate a better option for our community,” Peebles wrote in the letter. “A ‘no’ vote means we would be forced to file an application for a large scale commercial development such as a big box or a business/industrial complex.”
But a plan that exclusively contains commercial space doesn’t appear to be what Peebles really wants. Despite the fact that Pacifica is hardly the type of crony-driven city that he’s used to, he’s shown that he’s willing to pay what it takes to get his housing element.
In a six-month period, the political action committee that he formed to push through Measure L spent more than $163,000, according to campaign disclosure forms kept in Pacific’s tiny, half-century-old City Hall, which sits close to the ocean amid a neighborhood of clapboard beach houses.
Nearly $90,000 went to a Santa Barbara public relations firm called Davies Communications, whose clients range from schools and major oil producers to Harrah’s Entertainment and the Nashville-based privatization pioneer Hospital Corporation of America.
Two user profiles under the names “Jimmy” and “Susan” surfaced on a Google message board where the development has been discussed, and they link back to a Davies mail server in Santa Barbara. Jimmy and Susan claimed to be Pacifica residents in favor of Peebles’s plan. (A call to Sara Costin, a Davies project manager who’s been present at some of the community meetings, was not returned.)
Peebles spent $10,000 more on the influential Sacramento lobbying firm Nielsen, Merksamer, Parrinello, Mueller and Naylor, which specializes in passing ballot measures. Another $70,000 went to professional petition circulators who were needed to get the measure on a ballot.
Peebles isn’t the first one to bring big money to the city. Four years ago the publicly traded Texas developer Trammell Crow Company spent $290,000 just on election costs in an attempt to get a mixed-use development with housing past Pacifica voters, according to public records. The company’s plan for the quarry included 165,000 square feet of retail space, over 300 apartments and town houses, and a town center. The late 2002 ballot measure still lost by over 65 percent of the vote, despite the fact that the opposing political action committee, Pacificans for Sustainable Development, spent just $6,500.
An Environmental Impact Review released at the time suggested the wrong type of development could threaten the habitat of an endangered garter snake and a red-legged frog, both known to be living in the area. The lush Calara Creek, which runs the length of the property to the ocean, was also perceived to be in danger of pollution runoff without the proper setbacks. And traffic mitigation on Highway 1 has remained a top concern of the city’s residents.
Peebles insists he’s identified state money that can help with widening the highway and says he’d also donate land for a library and new city center. Beyond election costs, Peebles says he’s spent hundreds of thousands of dollars on experts who’ve helped him craft a better plan that promotes sustainability compared to what Trammel Crow had to offer.
“I’ve had an environmental consulting team and contractual consulting team for the last year analyzing this property, analyzing these issues that are necessary,” he said.
Affordability is another matter, however. Peebles has suggested to the business press that single-family home prices on the land could range from $3 million to $8 million.
A mixed-use development on the land could still bring millions of new tax dollars to a city that has struggled in the past to find money for emergency services and even basic public works projects.
Loeb and Restivo haven’t been without their own rhetoric in the debate. They started a Web site, www.pacificaquarry.org, which prophesies a nightmare traffic scenario on Highway 1 where it bottlenecks into two lanes through town. They add that estimates on potential tax revenue are unreliable without a definite plan.
But their group, Pacifica Today and Tomorrow, has hardly spent enough to even trigger disclosure requirements. And Pacifica remains a modest world, far removed from Miami’s glass-and-steel monoliths. Only a man with an ego equal to the size of his development dreams would try to so dramatically alter Pacifica’s topography. Peebles says he’s confident he’ll prevail in November.
Loeb and Restivo recognize that the area won’t stay empty forever, and they aren’t opposed to all development. Restivo told us he’d be more than happy to consider a commercial and residential project on the site — “but ideally it’d be much smaller.” SFBG

Fiber vs. wi-fi

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› steve@sfbg.com
San Francisco’s top officials want to get the city more directly involved in creating a better telecommunications infrastructure. Their goal is to overcome the digital divide and pump up the city’s overall bandwidth without waiting for the private sector to maybe get around to it.
But Mayor Gavin Newsom and the San Francisco Board of Supervisors have focused on distinctly different pathways to the whiz-bang future they both envision. And the agency in charge of getting the city there — the Department of Telecommunications and Information Services (DTIS) — has moved the mayor’s big idea at high speed while inching the board’s plan along at a snail’s pace.
Newsom first proposed a citywide wireless Internet system that would be free for the city and its residents during his State of the City speech Oct. 21, 2004. At the time it was just an ambitious promise that seemed to languish, until late last summer when the DTIS issued a request for information to a variety of high-tech firms.
By the end of 2005 the city had settled on trying to negotiate a deal with a partnership between Google and Earthlink to build the system, which they will finance largely with revenue from targeted advertising and users who pay a fee for faster connections. City officials are still in negotiations with Earthlink and expect to have a proposal ready for the board to consider by the end of the year.
Yet three weeks before Newsom announced his intention to pursue wireless, Sup. Tom Ammiano and a coalition of public interest nonprofits announced a plan to have the city build and run a municipal broadband system by laying fiber-optic lines as city officials open up the streets for the planned sewer system replacement and other projects.
It was an ambitious idea never realized by a big city in the United States, one that would put tremendous bandwidth directly under city control and be a potential source of millions of dollars in annual revenue and cost savings.
Now, almost two years after the Board of Supervisors ordered a study on the plan, the DTIS has finally hired consultants — the Maryland-based Columbia Telecommunications Corp. (CTC), which works exclusively on fiber-optic projects for public agencies. The first draft of the plan is expected to be available for public comment by the end of the year.
“We consider both the wireless and fiber projects to be important,” Brian Roberts, the DTIS senior policy analyst for both projects, told the Guardian. “But we thought wireless would be something that could be accomplished in a relatively short timeline.”
Roberts and others involved in the projects say the two ventures aren’t mutually exclusive — that any wireless system would actually get a big technological boost from city-owned fiber, San Franciscans will likely use up whatever bandwidth they can get, and wireless reaches mobile users in a way that fiber can’t.
But activists of various stripes have catalogued a number of concerns with Newsom’s wireless plan: the secretive nature of the early negotiations, private sector control over the system, the mayor’s relationship with the Google founders (who proposed the idea in the first place), the exposure of residents to increasingly sophisticated advertising campaigns, shortcomings in serving the poor and truly breaching the digital divide, and problems associated with wireless technology (mainly involving reliability, health, and capacity concerns).
The fact that these two plans are coming before the Board of Supervisors at the same time — which Roberts said is purely coincidental — is likely to renew the age-old debate about privatization and public interest.
Should the city be pursuing the public-private partnerships favored by Newsom, which can be delivered to voters quickly and at seemingly little cost to government? Or should it be focusing on long-term strategies that will give the city more control over the resources its citizens need — from electricity to information technology — without having to depend on the profit-driven private sector?
The DTIS announced the commencement of the municipal broadband study during a little-noticed public meeting Aug. 15, during which a dozen or so of the most committed activists, representatives for Comcast (which aggressively opposes most municipal broadband initiatives), and downtown building owners heard from the consultants.
CTC founder and principal analyst Joanne Howis outlined the scope of her firm’s study and sang the praises of what’s known in her industry as Fiber to the Premises (FTTP), noting that it’s the most reliable, high-capacity broadband technology and that the price of delivering it to people’s homes has fallen tremendously in recent years, to the point where it’s the best all-around broadband delivery system.
“Fiber is better, and wholly controlled fiber is better still,” she said. “That’s an article of faith with us.”
Later, activists pushed the point on wireless versus fiber. “Fiber can do many of the things wireless can’t do, but it can’t go mobile,” Howis said, also noting that fiber is essential to a reliable public safety system. “Fiber and wireless speak to different needs and are used in different ways.”
But when asked what’s better for residential users, she said, “Anyone who can have fiber or wireless to their homes will choose fiber.”
“Unless it’s free,” Roberts interjected.
But public interest media advocates like Media Alliance say the city is going about this backward. The group has been critical of the city’s wireless plans and has studied the potential for municipal fiber, arguing in the just-released report “Is Publicly Owned Information Infrastructure a Wise Public Investment for San Francisco?” that the city could pay for its investment within five years and make $2 million per year thereafter by leasing space on the network. So all sides are happy to see the fiber study finally moving forward.
“We met with a lot of resistance to the study, but the good thing was we got the money for the study from the Mayor’s Office,” Ammiano told the Guardian. “While I’m disappointed that it’s taken so long, I’m heartened that it’s now moving.”
Meanwhile, Google last week got a free citywide wireless system up and running in its native Mountain View. The system is faster than the free service it intends to offer to San Franciscans, who will have to pay a bit more if they want anything faster than the targeted average speed of 300 kilobytes per second.
“Google is putting up a lot of money to make the service free in San Francisco,” Chris Sacca, who is heading up the project for Google, told the Guardian. He estimated that the company has spent over $1 million to develop the San Francisco plan.
While the fiber study will analyze the benefits to the city itself, Sacca said the wireless proposal began with consumer demand. “At Google we start with the end-user problem, then work backward from there.” SFBG

Voto por voto!

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Act One: The Middle Class

MEXICO CITY (August 4th) — Jacinto Guzman, an 80 year-old retired oilworker from Veracruz state, plants himself in front of the headquarters of the Halliburton Corporation on the skyscraper-lined Paseo de Reforma here and recalls the great strikes of the 1930s that culminated in the expropriation and nationalization of Mexico’s petroleum reserves.

Dressed in a wrinkled suit and a hard hat, the old worker laments the creeping privatization of PEMEX, the national oil corporation, by non-Mexican subcontractors like Halliburton, which is installing natural gas infrastructure in Chiapas. But he is less agitated about the penetration of the transnationals in the Mexican oil industry, or even Halliburton’s craven role in the obscene Bush-Cheney Iraq war, than he is about the fraud-marred July 2nd presidential election here.

The sign he holds reads “No A Pinche Fraude” (No to Fucking Fraud!), referring to Halliburton’s membership in a business confederation that financed a vicious TV ad campaign against leftist Andres Manuel Lopez Obrador (AMLO), who insists that he won the July 2nd election from right-winger Felipe Calderon, to whom the nation’s tarnished electoral authority, the Federal Electoral Institute (IFE) awarded a razor-thin and much questioned “victory.”

Mr. Guzman’s appearance at Halliburton on a Friday at the end of last month was one of myriad acts of civil resistance invoked by Lopez Obrador at a July 16th Mexico City assembly that drew more than a million participants. The campaign is designed to pressure a seven-judge panel (the “TRIFE”), which must determine a winner by the first week in September, into opening up the ballot boxes and counting out the votes contained therein — “voto por voto.”

Zeroing in on U.S. transnationals that purportedly backed Calderon, AMLO’s people have invaded Wal-Mart, picketed Pepsico (its Sabritas snack brand was a big contributor to the right-winger’s campaign), rented rooms in big chain hotels (Fiesta Americana) and dropped banners from the windows decrying the “pinche fraude,” and blocking all eleven doors at the palatial headquarters of Banamex, once Mexico’s oldest bank and now a wholly owned subsidiary of Citygroup.

“Voto por Voto!” demonstrators chanted as the bankers smoked and fumed and threatened to call the police.

Demonstrators also blocked the doors at the Mexican stock exchange and surrounded the studios of Televisa, the major head of the nation’s two-headed television monopoly, both heads of which shamelessly tilted to Calderon before, during, and after the ballots were cast.

“!Voto por Voto! Casilla por Casilla!” (Vote by Vote, Precinct by Precinct.)

Seated on a tiny folding chair outside of Banamex, Elena Poniatowska, one of Mexico’s most luminous writers and the recent winner of Spain’s coveted Cervantes Prize, reflected on the civil resistance: “We have always seen the workers demonstrate here in the Zocalo, but this is all very new for our middle class. The middle class protests too, but in the privacy of their own homes. Now we are out of the closet.”

Ironically, the concept of peaceful civil resistance by the middle class was pioneered by Felipe Calderon’s own party, the PAN, after it had been cheated out of elections in the 1980s by the then-ruling PRI. The PANistas uncharacteristically blocked highways and went on hunger strikes, and even imported Philippine trainers, veterans of Corazon Aquino’s civil resistance campaign against Ferdinand Marcos, to teach their supporters new tricks.

Recently AMLO’s party, the Party of the Democratic Revolution or PRD, stole a page from the PANista bible by holding a rally at a Mexico City statue of the right-wingers’ father figure, Manuel Clouthier. During the stolen 1988 presidential election, Clouthier demanded a ballot-by-ballot recount and coined the now ubiquitous phrase “voto por voto.” The PRD gathering around the statue of “Saint Maquio” left Calderon and the PAN speechless for once.

The PRD crusade could be labeled “civil resistance lite.” Led by Poniatowska, opera singer Regina Orozco, and comic actress Jesusa Rodriguez, public demonstrations have been more showbiz than eruptions of mass outrage. Nonetheless, Televisa and TV Azteca, Calderon and the PAN relentlessly rag Lopez Obrador for “fomenting violence,” purposefully ignoring the real daily violence that grips Mexico’s cities as brutal narco gangs behead rivals and massacre their enemies in plain public view.

Act Two: Bad Gas

Hundreds of steaming AMLO supporters pack the cavernous Club de Periodistas in the old quarter of the capital, where computer gurus will diagnosis the complexities of the cybernetic fraud Lopez Obrador is positive was perpetrated by IFE technicians this past July 2nd and 5th during both the preliminary count (PREP) and the actual tally of 130,000 precincts in the nation’s 300 electoral districts.

The experts are as convinced as the audience that the vote was stolen on the IFE terminals, but have many theories as to how. They speak of arcane algorithms and corrupted software. Juan Gurria, a computer programmer who has dropped in on his lunch hour to audit the experts, recalls the 1988 election which was stolen from leftist Cuauhtemoc Cardenas by the long-ruling (71 years) PRI in the nation’s first cybernetic computer fraud. “In 1988, they had to shut down the computers and say the system had crashed to fix the vote – but in 2006, the IFE kept the system running and we watched them steal it right before our eyes” Gurria contends, “the difference is they have better computers now.”

18 years ago, with computer fraud still in its infancy, the PRI had to resort to hit men to carry out its larceny. Three nights before the election, Cardenas’s closest aide, Francisco Xavier Ovando, and his assistant, Ramon Gil, were executed blocks away from the Congress of the country after reportedly obtaining the password to the PRI computer system, upon which the results were being cooked in favor of its candidates, the now universally reviled Carlos Salinas de Gortari. So far, Computer Fraud 2006 has been less messy.

Although the subject is dry and technical – at one point excerpts of an abstruse Guardian of London analysis by University of Texas economist James Galbreath (son of John Kenneth) was read into the record in English – AMLO’s supporters mutter and grumble and nod their heads vigorously. “Asi es!” – that’s just the way it happened! “Voto por Voto” they rumble, “Casilla por Casilla!” after each expert scores a point. Whether or not the fix is in, they are convinced that they have been had.

The PRD is trying to keep a lid on the bad gas seeping from down below. A few days after July 2nd, Felipe Calderon, who AMLO’s people have derisively dubbed “Fe-Cal,” came to this same Club de Periodistas to receive the adulation of a gaggle of union bosses. When he tried to leave the club, he was assailed by street venders howling “Voto por Voto!”

Calderon was quickly hustled into a bullet-proof SUV by his military escort, but the angry crowd kept pounding on the tinted windows. One young man obscenely thrust his middle finger at the would-be president, The scene is replayed over and over again on Televisa and Azteca, sometimes five times in a single news broadcast, graphic footage of the kind of violence AMLO is supposed to be inciting.

Act Three: In Defense of the Voto

Lopez Obrador fervently believes he has won the presidency of the United States of Mexico. He says it often on television just to needle Calderon. The proof, he is convinced, is inside 130,000 ballot boxes that he wants recounted, voto por voto.

The ballot boxes are now stored in the Federal Electoral Institute’s 300 district offices under the protection of the Mexican army. Nonetheless, in Veracruz, Tabasco, and Jalisco among other states, IFE operators have broken into the ballot boxes under the pretext of recovering lost electoral documentation. AMLO is suspicious that the officials are monkeying with the ballots, adding and subtracting the number of votos to make them conform to the IFE’s incredible computer count. Hundreds of ballot boxes contain more votes than voters on the registration lists, and more ballots have been judged null and void than the 243,000 margin of Calderon’s as-yet unconfirmed victory.

To this end, Lopez Obrador has strengthened encampments of his supporters outside the 300 electoral districts. In Monterrey, a PANista stronghold, thugs attack the encampment, beating on AMLO’s people and tearing down their tent city. Rocks are thrown at his supporters in Sinaloa; drivers speed by hurling curses and spitting on them.

Outside the Mexico City headquarters of the TRIFE, the seven-judge panel that will have the ultimate word as to whether or not the votos are going to be counted out one by one, a hunger strike has been ongoing since the PRD submitted documentation of anomalies in 53,000 out of the nation’s 130,000 polling places. Each night a different show business personality joins the fasters, eschews dinner and camps out in the guest pup tent overnight.

From Carlos Fuentes and Elena Poniatowska to painters like Jose Luis Cuevas and master designer Vicente Rojo, the arts and entertainment world has lined up behind Lopez Obrador. An exhibition by Cuevas and 50 other top line graphic artists and writers has been installed on the Alameda green strip adjacent to the Palace of Fine Arts here. After midnight, Calderon supporters slash and savage the art work, leaving a broken jumble behind.

The next day brigades of AMLO’s people from the surrounding neighborhoods rescue what they can of the exhibit, reassemble the broken shards, sew the torn art back together, and prop up the display panels. This is what democracy looks like in Mexico in the summer of 2006.

Act Four: Se Busca Por Fraude Electoral

The integrity of the Federal Electoral Commission is in the eye of Hurricane AMLO. Lopez Obrador accuses the IFE of fixing the election for Felipe Calderon and then defending his false victory. The PRD has filed criminal charges against the nine members of the IFE’s ruling council, most prominently its chairman, the gray-faced bureaucrat Luis Carlos Ugalde, for grievous acts of bias against Lopez Obrador, including refusing to halt Calderon’s hate spots in the run-up to July 2nd.

The IFE is mortally offended by the allegations that it has committed fraud and is using its enormously extravagant budget (larger than all of the government’s anti-poverty programs combined) to run spots protesting the slurs on its integrity that are every bit as virulent and ubiquitous as Calderon’s toxic hit pieces. Actors have been hired to impersonate irate citizens who allegedly were chosen at random as polling place workers July 2nd. “The votes have already been counted” they scoff. “We did not commit fraud” they insist. The idea is preposterous, an insult to their patriotism and to one of the pillars of Mexican “democracy,” the IFE.

Luis Carlos Ugalde, the president of the IFE council, has not been seen in public for several weeks except in large Wanted posters pasted to the walls of the inner city – SE BUSCA POR FRAUDE ELECTORAL! Ugalde and two other IFE counselors are protégés of powerful teachers union czar Elba Esther Gordillo, who joined forces with the PAN to take revenge on failed PRI presidential candidate Roberto Madrazo, a mortal enemy. The nine-member council is composed entirely of PRI and PAN nominees – the PRD is, of course, excluded.

Despite rumors that he had fled the country, Ugalde shows up July 27th at the first IFE meeting since the district tallies three weeks previous where he is confronted by the PRD delegate to the Institute (each party has one delegate.) During an acrimonious seven-hour meeting, Horacio Duarte keeps waving 30 partially burnt ballots, most of them marked for AMLO, that he has just been handed by an anonymous source. Duarte wants to know where Ugalde lives so he can nail one of the ballots to his front door to expose the “shame” of the fraud-marred election. The gray-faced bureaucrat grows even grayer and threatens to suspend the session. OK, OK, Duarte concedes, I’ll just hang it on your office door.

Just then a score of protestors push their way past the IFE guards at the auditorium’s portals – the meeting is a public one. They are chanting “Voto por Voto” and carrying bouquets of yellow flowers, AMLO’s colors. A PRD deputy tries to hand one to Luis Carlos Ugalde who turns away in horror. A bodyguard snatches up the blossoms as if they were a terrorist bomb, and disposes of them post-haste.

Act Five: We Shall Not Be Moved

The clock is ticking. The TRIFE must declare a new president by September 5th. The seven judges, all in the final year of their ten-year terms (three will move up to the Supreme Court in the next administration) have just begun to dig their way into the slagheap of legal challenges that impugn the results in about half of the 130,000 polling places in the land, the ham-handed bias of the IFE prior to the election, and the strange behavior of the Federal Electoral Institute’s computers on election day and thereafter.

The TRIFE, which has sometimes struck down corrupted state and local elections and ordered recounts in a handful of electoral districts, can either determine that the legal challenges would not affect enough votes to overturn the IFE’s determination that Calderon won the election, annul the entire election if it adjudges that it was illegitimately conducted, or order a recount. If the judges determine that annulment is the only way to fix the inequities, a new election would be scheduled 18 months down the pike.

In the meantime, the Mexican Congress would name an interim president, an unprecedented resolution in modern political history here – just the fact it is being discussed is, in itself, unprecedented.

Among those mentioned for the post are National Autonomous University rector Juan Ramon de la Fuente, former IFE director Jose Woldenberg, and three-time presidential loser Cuauhtemoc Cardenas, son of beloved depression-era president Lazaro Cardenas. For Cuauhtemoc, who was defrauded out of the presidency in 1988 by the same kind of flimflam with which the PAN and the IFE seek to despoil Lopez Obrador of victory in 2006, an interim presidency would be a perfect solution. Fixated on fulfilling the destiny of following in his father’s footsteps, moving back into his boyhood home Los Pinos – the Mexican White House – would be sweet revenge against his former protégé and now bitter rival on the left, Andres Manuel Lopez Obrador.

But AMLO does not want the election annulled and an interim appointed. He is obsessed with proving his triumph at the polls and is not going to sit on his hands waiting for the TRIFE to reach its learned conclusions. A gifted leader of street protest, he has summoned his people to the capitol’s Tiananmens-sized Zocalo square three times since July 2nd, each time doubling the numbers of the masses who march through the city: 500,000 on July 8th, 1.1 million on July 16th, and 2.4 million this past Sunday, July 30th (police estimates) – Sunday’s gathering was the largest political demonstration in the nation’s history.

The “informative assemblies” as AMLO tags them, have been festive occasions but underneath there is palpable anger. Lopez Obrador’s people come in family, arm babies and grandpas, often in wheelchairs are on canes. Some come costumed as clowns and pirates. dangling grotesque marionettes, lopsided home-made heads of Fe-Cal, or pushing a replica of the Trojan Horse (“El Cabellito Trojanito.”) They look like they are having fun but their frustrations can well up to the surface in a flash, say when the hated Televisa and TV Azteca appear on the scene. “QUE SE MUERE TELEVISA!” (THAT TELEVISA SHOULD DIE!), the people the color of the earth snarl and scream, pounding fiercely on the television conglomerate’s vehicles.

At the July 30th “informative assembly,” Lopez Obrador ups the ante considerably in his high stakes poker game to pry open the ballot boxes. Now instead of calling for yet another monster gathering in the Zocalo (4.8 million?), he asks all those who had come from the provinces and the lost cities that line this megalopolis to stay where they sre in permanent assembly until the TRIFE renders a decision. 47 encampments will be convened extending from the great plaza, through the old quarter, all the way to the ring road that circles the capital, snarling Mexico City’s already impenetrable traffic, raising the level of greenhouse gases and urban tempers to the point of combustion.

When Lopez Obrador calls for a vote on his proposal, 2,000,000 or so “SI’s” soared from the throats of the gargantuan throng, followed by the now obligatory roars of “No Estas Solo” (“you are not alone”) and “Voto by Voto, Casilla by Casilla.” As if on cue, AMLO’s people began assembling the encampments state by state and Mexico City neighborhood by neighborhood.

For a correspondent who once wrote a novel fictionalizing the stealing of the 1988 election (“Tonatiuh’s People,” Cinco Puntos Press, El Paso, 1999), in which the people the color of the earth march on Mexico City and vote to stay in permanent assembly in the Zocalo, fantasy has turned into the actualities of daily reporting. I am not surprised by this startling turn of events.

When I first arrived here in the old quarter days after the 8.2 earthquake that devastated this capital, the “damnificados” (refugees) were encamped in the streets, demanding relief and replacement housing and liberation from the ruling PRI and their movement from the bottom reinvigorated a civil society that today infuses AMLO’s struggle for electoral democracy. This morning, the damnificados of the PAN and the IFE, Calderon and the fat cats, are again living on these same streets.

On the first evening of the taking of Mexico City, AMLO spoke to thousands crowded into the Zocalo in a driving downpour and invoked Gandhi: “first they ignore you, then they laugh at you, then they beat you, and then you win.” And then Gabino Palomares, a troublemaking troubadour who has been up there on the stage at every watershed event in recent Mexican history from the slaughter of striking students at Tlatelolco (1968) to the Zapatistas’ March of the Those the Color of the Earth (2001) took the mic to lead the mob in that old labor anthem, “We Shall Not Be Moved” and AMLO’s people thundered back in a roar that drowned out the weeping sky, “NO NOS MOVERAN!”

To be continued.

John Ross’s “ZAPATISTAS! Making Another World Possible – Chronicles 2000-2006” will be published by Nation Books this October and Ross is hunting possible venues for presentations. All suggestions will be cheerfully accepted at johnross@igc.org

Private-prison blues

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By G.W. Schulz

Nashville is known mostly as a home for some of the best and worst artists country music has to offer. But the city has quietly played host to something else over the years – privatization. The Nashville business community is dominated in part by the nation’s largest privatization outfits, which earn lucrative contracts performing services for the public sector such as hospital and jail management.

Perhaps the biggest player in the Nashville business scene is the Corrections Corporation of America, which endured the popular wrath of lefty journalists several years ago and almost went bankrupt in the late 90s. CCA’s Tennessee neighbor, the Hospital Corporation of American, attracted slightly more attention recently when a certain prominent stockholder, Senate Majority Leader Bill Frist, was accused of conflicts of interest. Frist’s family helped found HCA, but the senator has insisted his investments haven’t compromised his capacity to legislate fairly.

But these days, after escaping headlines for a few years, CCA is back.

Is Updike obsolete?

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› publicwriter@techsploitation.com
TECHSPLOITATION In a recent New York Times Book Review screed, the proverbial old-white-male author John Updike offers a reader’s digest version of the argument against online publishing. For those of us who are genuinely puzzled by the animosity directed against efforts to digitize books (like Google Print or the Internet Archive’s Open Library Project), Updike’s short essay is quite instructive.
Updike offers the usual salvos against the “unedited, unattributed” nature of most online writing, but the true source of his wrath is a profound distaste for the idea of reading as a “community activity.” He’s disgusted by the idea of texts being intermingled and passed around “promiscuously” in electronic libraries. More than that, he’s weirded out by the way readers intermingle online. Back in the 1950s and ’60s, Updike was never called on to make appearances or have his photo on book jackets, and he still longs for the silences and authorial anonymity of that experience. Ultimately, he predicts that the demand for an intimate back-and-forth between author and audience on the Web will lead us back to “the pre-literate societies, where only the present, live person can make an impression and offer, as it were, value.”
Most writers who, like myself, spend their days jabbering online have a tendency to read essays like Updike’s as the rantings of an obsolete Luddite who can’t tell the difference between a wiki and an RSS feed. It’s easy to make fun of the guy for not knowing a whole lot about the technologies he’s criticizing. But let’s take him seriously for a minute and consider what he’s actually getting at beneath his profound misunderstandings of Google Print and bookshelf mash-ups.
The essay begins with a wistful evocation of the bookstores he visited when young: Mandrake’s in Cambridge, where Updike found New Directions paperbacks; the old Doubleday’s in New York on Fifth Avenue, “with an ascending spiral staircase visible through plate glass.” He worries about losing the understated beauty of books and the quiet dignity of the stores that trade in them. In short, he feels like he’s losing the public spaces devoted to buying and selling books. And yet what he scorns most in his essay is the idea of a “universal library,” democratically accessible to all and long the dream of techie futurists like Wired cofounder Kevin Kelley and digital archivist Rick Prelinger. Why wouldn’t Updike welcome a new, bigger public space devoted to books?
To answer, let me return for a moment to the complaint made by pretty much every blogger who has argued with an old-school print journalist about the legitimacy of online writing. Typically bloggers upbraid these print writers for fearing new technologies in a sentence that goes something like this: “If you simply replace the word ‘blog’ with the word ‘printing press’ in this argument, you see how the argument against blogs is like arguing against the progress of civilization.”
But there is no evidence that anyone protested the invention of the printing press for destroying writing. Sure, there may have been some angry monks here and there who could no longer make a living writing books out by hand. But in general, writers welcomed the invention of the printing press. It led to a flowering of the writing industry and literacy. Meanwhile, governments liked the printing press because it made propaganda a whole lot simpler. It also made writing easier to censor. Unlike handwritten books, which were labor intensive but hard to regulate, every book made with a printing press could be tracked. In England, shortly after the printing press gained ascendancy, all printers had to register with the state for exactly this reason.
The invention of the printing press is nothing like the invention of the Web, which liberates writers from their dependence on publishers regulated by the caprices of states and markets. And so, for now at least, Updike is right that the Internet takes us back to a pre-Gutenberg era. Until we start seeing major censorship crackdowns on Web publishing — rather than the threat of pervasive surveillance, which is certainly chilling — online publishing will never behave like the printing press. The printing press led to the privatization of reading, but the Web leads to its socialization.
So perhaps what Updike is getting at when he bemoans the rise of digital books is really the rise of an uncensored public space. He’s not afraid of technology, but of the public itself. SFBG
Annalee Newitz is a surly media nerd who loves libraries and old bookstores.

Newsom loses control

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› steve@sfbg.com

In the early days, the mayor tried to sound like a practical, hands-on executive who was ready to run San Francisco.

Mayor Gavin Newsom used his inaugural address on Jan. 8, 2004, to emphasize that he was a uniter, not a divider and that he wanted to get things done.

"I say it’s time to start working together to find common purpose and common ground," he proclaimed. "Because I want to make this administration about solutions."

It’s a mantra he’s returned to again and again in his rhetoric on a wide range of issues, claiming a "commonsense" approach while casting "ideology" as an evil to be overcome and as the main motive driving the left-leaning majority of the San Francisco Board of Supervisors.

"Because it’s easy to be against something," Newsom said on that sunny winter day. "It’s easy to blame. It’s easy to stop…. What’s hard is to hear that maybe to come together, we need to leave behind old ideas and long-held grudges. But that’s exactly what we need to do."

But if that’s the standard, Newsom has spent the past 17 months taking the easy way.

It’s been a marked change from his first-year lovefest, when he tried to legalize same-sex marriage, reach out to BayviewHunters Point residents, and force big hotels to end their lockout of workers.

A Guardian review of the most significant City Hall initiatives during 2005 and 2006 as well as interviews with more than a dozen policy experts and public interest advocates shows that Newsom has been an obstructionist who has proposed few "solutions" to the city’s problems, and followed through on even fewer.

The Board of Supervisors, in sharp contrast, has been taking the policy lead. The majority on the district-elected board in the past year has moved a generally progressive agenda designed to preserve rental units, prevent evictions, strengthen development standards, promote car-free spaces, increase affordable housing, maintain social services, and protect city workers.

Yet many of those efforts have been blocked or significantly weakened by Newsom and his closest allies on the board: Fiona Ma, Sean Elsbernd, Michela Alioto-Pier, and Bevan Dufty. And on efforts to get tough with big business or prevent Muni service cuts and fare hikes, Newsom was able to peel off enough moderate supervisors to stop the progressives led by Chris Daly, Tom Ammiano, and Ross Mirkarimi at the board level.

But one thing that Newsom has proved himself unable to do in the past year is prevent progressive leaders particularly Daly, against whom Newsom has a "long-held grudge" that has on a few recent occasions led to unsavory political tactics and alliances from setting the public agenda for the city.

Balance of power

The Mayor’s Office and the Board of Supervisors are the two poles of power at City Hall and generally the system gives a strong advantage to the mayor, who has far more resources at his disposal, a higher media profile, and the ability to act swiftly and decisively.

Yet over the past year, the three most progressive supervisors along with their liberal-to-moderate colleagues Gerardo Sandoval, Jake McGoldrick, Aaron Peskin, and Sophie Maxwell have initiated the most significant new city policies, dealing with housing, poverty, health care, alternative transportation, violence prevention, and campaign finance reform.

Most political observers and City Hall insiders mark the moment when the board majority took control of the city agenda as last summer, a point when Newsom’s honeymoon ended, progressives filled the leadership void on growth issues, problems like tenants evictions and the murder rate peaked, and Newsom was increasingly giving signs that he wasn’t focused on running the city.

"Gay marriage gave the mayor his edge and gave him cover for a long time," said Tommi Avicolli Mecca, a queer and tenants rights activist. "About a year ago that started to wear off, and his armor started to be shed."

Daly was the one supervisor who had been aggressively criticizing Newsom during that honeymoon period. To some, Daly seemed isolated and easy to dismiss at least until August 2005, when Daly negotiated a high-profile deal with the developers of the Rincon Hill towers that extracted more low-income housing and community-benefits money than the city had ever seen from a commercial project.

The Newsom administration watched the negotiations from the sidelines. The mayor signed off on the deal, but within a couple months turned into a critic and said he regretted supporting it. Even downtown stalwarts like the public policy think tank San Francisco Planning and Urban Research Association noted the shift in power.

"I think we saw a different cut on the issue than we’ve seen before," SPUR executive director Gabriel Metcalf told us. "Chris Daly is not a NIMBY. I see Chris Daly as one of the supervisors most able to deal with physical change, and he’s not afraid of urbanism…. And he’s been granted by the rest of the board a lot of leadership in the area of land use."

SPUR and Metcalf were critical of aspects of the Daly deal, such as where the money would go. But after the deal, Newsom and his minions, like press secretary Peter Ragone, had a harder time demonizing Daly and the board (although they never stopped trying).

Around that same time, hundreds of evictions were galvanizing the community of renters which makes up around two-thirds of city residents. Newsom tried to find some compromise on the issue, joining Peskin to convene a task force composed of tenants activists, developers, and real estate professionals, hoping that the group could find a way to prevent evictions while expanding home ownership opportunities.

"The mayor views the striking of balance between competing interests as an important approach to governing," Ragone told the Guardian after we explained the array of policy disputes this story would cover.

The task force predictably fell apart after six meetings. "The mayor was trying to find a comfortable way to get out of the issue," said Mecca, a member of the task force. But with some issues, there simply is no comfortable solution; someone’s going to be unhappy with the outcome. "When that failed," Mecca said, "there was nowhere for him to go anymore."

The San Francisco Tenants Union and its allies decided it was time to push legislation that would protect tenants, organizing an effective campaign that finally forced Newsom into a reactionary mode. The mayor wound up siding overtly with downtown interests for the first time in his mayoral tenure and in the process, he solidified the progressive board majority.

Housing quickly became the issue that defines differences between Newsom and the board.

Free-market policy

"The Newsom agenda has been one of gentrification," said San Francisco Tenants Union director Ted Gullicksen. The mayor and his board allies have actively opposed placing limitations on the high number of evictions (at least until the most recent condo conversion measure, which Dufty and Newsom supported, a victory tenants activists attribute to their organizing efforts), while at the same time encouraging development patterns that "bring in more high-end condominiums and saturate the market with that," Gullicksen explained.

He pointed out that those two approaches coalesce into a doubly damaging policy on the issue of converting apartments into condominiums, which usually displace low-income San Franciscans, turn an affordable rental unit into an expensive condominium, and fill the spot with a higher-income owner.

"So you really get a two-on-one transformation of the city," Gullicksen said.

Newsom’s allies don’t agree, noting that in a city where renters outnumber homeowners two to one, some loss of rental housing is acceptable. "Rather than achieve their stated goals of protecting tenants, the real result is a barrier to home ownership," Elsbernd told us, explaining his vote against all four recent tenant-protection measures.

On the development front, Gullicksen said Newsom has actively pushed policies to develop housing that’s unaffordable to most San Franciscans as he did with his failed Workforce Housing Initiative and some of his area plans while maintaining an overabundance of faith in free-market forces.

"He’s very much let the market have what the market wants, which is high-end luxury housing," Gullicksen said.

As a result, Mecca said, "I think we in the tenant movement have been effective at making TICs a class issue."

Affordable housing activists say there is a marked difference between Newsom and the board majority on housing.

"The Board of Supervisors is engaged in an active pursuit of land-use policy that attempts to preserve as much affordable housing, as much rental housing, as much neighborhood-serving businesses as possible," longtime housing activist Calvin Welch told us. "And the mayor is totally and completely lining up with downtown business interests."

Welch said Newsom has shown where he stands in the appointments he makes such as that of Republican planning commissioner Michael Antonini, and his nomination of Ted Dienstfrey to run Treasure Island, which the Rules Committee recently rejected and by the policies he supports.

Welch called Daly’s Rincon deal "precedent setting and significant." It was so significant that downtown noticed and started pushing back.

Backlash

Board power really coalesced last fall. In addition to the housing and tenant issues, Ammiano brought forward a plan that would force businesses to pay for health insurance plans for their employees. That galvanized downtown and forced Newsom to finally make good on his promise to offer his own plan to deal with the uninsured but the mayor offered only broad policy goals, and the plan itself is still being developed.

It was in this climate that many of Newsom’s big-business supporters, including Don Fisher the Republican founder of the Gap who regularly bankrolls conservative political causes in San Francisco demanded and received a meeting with Newsom. The December sit-down was attended by a who’s who of downtown developers and power brokers.

"That was a result of them losing their ass on Rincon Hill," Welch said of the meeting.

The upshot according to public records and Guardian interviews with attendees was that Newsom agreed to oppose an ordinance designed to limit how much parking could be built along with the 10,000 housing units slated for downtown. The mayor instead would support a developer-written alternative carried by Alioto-Pier.

The measure downtown opposed was originally sponsored by Daly before being taken over by Peskin. It had the strong support of Newsom’s own planning director, Dean Macris, and was approved by the Planning Commission on a 61 vote (only Newsom’s Republican appointee, Antonini, was opposed).

The process that led to the board’s 74 approval of the measure was politically crass and embarrassing for the Mayor’s Office (see “Joining the Battle,” 2/8/06), but he kept his promise and vetoed the measure. The votes of his four allies were enough to sustain the veto.

Newsom tried to save face in the ugly saga by pledging to support a nearly identical version of the measure, but with just a couple more giveaways to developers: allowing them to build more parking garages and permitting more driveways with their projects.

Political observers say the incident weakened Newsom instead of strengthening him.

"They can’t orchestrate a move. They are only acting by vetoes, and you can’t run the city by vetoes," Welch said. "He never puts anything on the line, and that’s why the board has become so emboldened."

Rippling out

The Newsom administration doesn’t seem to grasp how housing issues or symbolic issues like creating car-free spaces or being wary of land schemes like the BayviewHunters Point redevelopment plan shape perceptions of other issues. As Welch said, "All politics in San Francisco center around land use."

N’Tanya Lee, executive director of Coleman Advocates for Children and Youth, said the Newsom administration has done a very good job of maintaining budgetary support for programs dealing with children, youth, and their families. But advocates have relied on the leadership of progressive supervisors like Daly to push affordable housing initiatives like the $20 million budget supplemental the board initiated and approved in April.

"Our primary concern is that low- and moderate-income families are being pushed out of San Francisco," Lee told us. "We’re redefining what it means to be pro-kid and pro-family in San Francisco."

Indeed, that’s a very different approach from the so-called pro-family agenda being pushed by SFSOS and some of Newsom’s other conservative allies, who argue that keeping taxes low while keeping the streets and parks safe and clean is what families really want. But Lee worries more about ensuring that families have reasonably priced shelter.

So she and other affordable housing advocates will be watching closely this summer as the board and Newsom deal with Daly’s proposal to substantially increase the percentage of affordable housing developers must build under the city’s inclusionary-housing policy. Newsom’s downtown allies are expected to strongly oppose the plan.

Even on Newsom’s signature issue, the board has made inroads.

"In general, on the homeless issue, the supervisor who has shown the most strong and consistent leadership has been Chris Daly," said Coalition on Homelessness director Juan Prada.

Prada credits the mayor with focusing attention on the homeless issue, although he is critical of the ongoing harassment of the homeless by the Police Department and the so-called Homeward Bound program that gives homeless people one-way bus tickets out of town.

"This administration has a genuine interest in homeless issues, which the previous one didn’t have, but they’re banking too much on the Care Not Cash approach," Prada said.

Other Newsom initiatives to satisfy his downtown base of support have also fallen flat.

Robert Haaland of the city employee labor union SEIU Local 790 said Newsom has tried to reform the civil service system and privatize some city services, but has been stopped by labor and the board.

"They were trying to push a privatization agenda, and we pushed back," Haaland said, noting that Supervisor Ma’s alliance with Newsom on that issue was the reason SEIU 790 endorsed Janet Reilly over Ma in the District 12 Assembly race.

The turning point on the issue came last year, when the Newsom administration sought to privatize the security guards at the Asian Art Museum as a cost-saving measure. The effort was soundly defeated in the board’s Budget Committee.

"That was a key vote, and they lost, so I don’t think they’ll be coming back with that again," Haaland said, noting that labor has managed to win over Dufty, giving the board a veto-proof majority on privatization issues.

Who’s in charge?

Even many Newsom allies will privately grumble that Newsom isn’t engaged enough with the day-to-day politics of the city. Again and again, Newsom has seemed content to watch from the sidelines, as he did with Supervisor Mirkarimi’s proposal to create a public financing program for mayoral candidates.

"The board was out front on that, while the mayor stayed out of it until the very end," said Steven Hill, of the Center for Voting and Democracy, who was involved with the measure. And when the administration finally did weigh in, after the board had approved the plan on a veto-proof 92 vote, Newsom said the measure didn’t go far enough. He called for public financing for all citywide offices but never followed up with an actual proposal.

The same has been true on police reform and violence prevention measures. Newsom promised to create a task force to look into police misconduct, to hold a blue-ribbon summit on violence prevention, and to implement a community policing system with grassroots input and none of that has come to pass.

Then, when Daly took the lead in creating a community-based task force to develop violence prevention programs with an allocation of $10 million a year for three years Measure A on the June ballot Newsom and his board allies opposed the effort, arguing the money would be better spent on more cops (see “Ballot-Box Alliance,” page 19).

"He’s had bad counsel on this issue of violence all the way through," said Sharen Hewitt, who runs the Community Leadership Academy Emergency Response project. "He has not done damn near enough from his position, and neither has the board."

Hewitt worries that current city policies, particularly on housing, are leading to class polarization that could make the problems of violence worse. And while Newsom’s political allies tend to widen the class divide, she can’t bring herself to condemn the mayor: "I think he’s a nice guy and a lot smarter than people have given him credit for."

Tom Radulovich, who sits on the BART board and serves as executive director of Transportation for a Livable City (which is in the process of changing its name to Livable City), said Newsom generally hasn’t put much action behind his rhetorical support for the environment and transit-first policies.

"Everyone says they’re pro-environment," he said.

In particular, Radulovich was frustrated by Newsom’s vetoes of the downtown parking and Healthy Saturdays measures and two renter-protection measures. The four measures indicated very different agendas pursued by Newsom and the board majority.

In general, Radulovich often finds his smart-growth priorities opposed by Newsom’s allies. "The moneyed interests usually line up against livable city, good planning policies," he said. On the board, Radulovich said it’s no surprise that the three supervisors from the wealthiest parts of town Ma, Elsbernd, and Alioto-Pier generally vote against initiatives he supports.

"Dufty is the oddity because he represents a pretty progressive, urbane district," Radulovich said, "but he tends to vote like he’s from a more conservative district."

What’s next?

The recent lawsuit by the San Francisco Chamber of Commerce and the Committee of Jobs urging more aggressive use of a voter-approved requirement that board legislation undergo a detailed economic analysis shows that downtown is spoiling for a fight (see “Downtown’s ‘Hail Mary’ Lawsuit,” page 9). So politics in City Hall is likely to heat up.

"There is a real absence of vision and leadership in the city right now, particularly on the question of who will be able to afford to live in San Francisco 20 years from now," Mirkarimi said. "There is a disparity between Newsom hitting the right notes in what the press and public want to hear and between the policy considerations that will put those positions into effect."

But Newsom’s allies say they plan to stand firm against the ongoing effort by progressives to set the agenda.

"I think I am voting my constituency," Elsbernd said. "I’m voting District Seven and voicing a perspective of a large part of the city that the progressive majority doesn’t represent."

Newsom flack Ragone doesn’t accept most of the narratives that are laid out by activists, from last year’s flip in the balance of power to the influence of downtown and Newsom’s wealthy benefactors on his decision to veto four measures this year.

"Governing a city like San Francisco is complex. There are many areas of nuance in governing this city," Ragone said. "Everyone knows Gavin Newsom defies traditional labels. That’s not part of a broad political strategy, but just how he governs."

Yet the majority of the board seems unafraid to declare where they stand on the most divisive issues facing the city.

"The board has really, since the 2000 election has been pushing a progressive set of policies as it related to housing, just-taxation policies, and an array of social service provisions," Peskin said. "All come with some level of controversy, because none are free." SFBG

{Empty title}

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› tredmond@sfbg.com

EDITOR’S NOTES

I’ve been having mixed feelings about this Matt Gonzalez for Congress thing. I mean, I was one of the first people to start talking (more than a year ago) about how Gonzalez ought to challenge Nancy Pelosi: Despite all the accolades she gets as the first woman minority leader and potentially the first woman speaker of the house, Pelosi is a terrible politician. She’s venal, driven by campaign money, and has no real agenda except power. She’s the one who privatized the Presidio, potentially paving the way for the privatization of millions of acres of national parkland. And as the representative of one of the most liberal districts in the country, it took her forever to even sort of come out against the war.

My original thought was that Pelosi has never been held accountable for her actions, and a good solid challenge from the left would force her to come back and actually campaign. She’d have to face her constituents, answer some questions and possibly even move a bit in the direction of the district on some key issues.

Besides, it would send a lovely shock wave through the local Democratic Party, where a significant number of local leaders privately despise Pelosi, but would be pressured by the national heavies to endorse her. We could see who really has political courage in this town.

Of course, there’s a serious downside to all of this. Progressive San Francisco is in a somewhat precarious state right now: We have nobody who looks like a mayoral candidate, and the coalition that came together around the Gonzalez mayoral campaign was always fragile anyway. A major congressional campaign by the Greens right now with the battle to oust the Republicans from the House in full swing would create a lot of bitter feelings, and the fact that a guy was taking on a nationally prominent woman wouldn’t make it any better.

Still, there will always be those issues, and you can always argue that it’s not the right time to do something bold and dramatic, and the Green Party has as much right as anyone to run a strong candidate for Congress. A couple of months ago, I was still open to it.

And then it got to be April, and the filing deadline passed, and frankly, I didn’t get the sense Gonzalez was that eager. Now some of his allies are pushing him to mount a write-in campaign for the Green Party nomination and frankly, with all due respect, the whole thing has a sort of last-minute, half-assed look to it.

So I called Gonzalez this week to bat things around, and it turns out he’s in almost exactly the same place I am. You want to run for the US Congress against a nine-term incumbent, you have to start early, take it seriously, raise a bunch of money, deal with the problems head-on … and frankly, that’s not where we are right now. "If it was a year ago, I might be thinking different," Gonzalez told me.

So I think he’ll pass this time, and I think that’s right. But that’s not the end of the story. As he pointed out, if the Democrats do retake Congress, they’ll probably turn out to be a disappointment on about a hundred levels, and even more power will even further corrupt Pelosi. And if we start thinking about it early enough, 2008 could be a fine year. SFBG

Pombo on the issues

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To say that Richard Pombo is an environmental skeptic is putting it mildly. Asked if Pombo accepted the worldwide scientific consensus that global warming is a fact, his spokesperson, Wayne Johnson, shilly-shallied. “What I have heard him say is the jury is still out,” Johnson cautiously ventured. “For those absolutely convinced, I would not put him in that category.”
Pombo entered Congress determined to “reform” the Engendered Species Act and other tree-hugging depredations on the rights of private property owners, and while he concentrated on that law, he has put his stamp on a host of other issues, from gay rights to gun control.  

Before he ran for Congress, Pombo co-wrote a book entitled This Land is Our Land: How to End the War on Private Property. Part of his book declared that he become active politically after a skirmish with the East Bay Regional Park district about the creation of a public right of way through his property. He later switched his story to say his family’s property values were hurt when family land was designated a San Joaquin Kit Fox critical habitat. Both claims were without merit.

Pombo says the ESA, which is widely regarded as one of the more successful pieces of environmental legislation ever, is a failure. Pombo’s “reforms,” however, recently ran into a brick wall in the Senate. If passed, they would have removed the concept of critical habitat from the ESA – meaning a species would be protected, but its home territory would not. The legislation called for a two-year recovery plan, but the recovery plan would have been voluntary rather than mandatory.

While this approach has resonated with many voters in the 11th district who agree that the ESA goes too far, it has local and national environmentalists screaming. It’s also upset his opponent, Pete McCloskey, who was involved in writing the original law.

Pombo has hit a number of other environmental high points during his tenure. Among them was his idea to allow ham radio operators to erect antennas on the Farallones Islands. He wants to lift the ban on off shore oil drilling. He has read a pro-whaling resolution into the Congressional Record. He has proposed selling off 15 sites within the national parks as a way of raising money for energy development (a proposal that advances Rep. Nancy Pelosi’s Presidio privatization to a new level). He was one of the original sponsors of the legislation to allow drilling on Alaska’s north slope. And last but not least, wants to put a freeway over Mt. Hamilton in San Joaquin County.

Pombo also voted twice to protect MTBE manufacturers from being sued for environmental damage. MTBE helps engines burn cleaner, but has also been found to contaminate water supplies in California, necessitating huge clean-up costs. Why would Pombo vote to indemnify such manufacturers? Well, several of the companies are based on Tom Delay’s district in Texas.

But the 11th district representative has taken interesting stands on all sort of other issues, from civil rights to drugs to gun control to gay rights. Because there are so many, a short list of his congressional voting record will suffice.

Pombo has opposed stem-cell research, supports banning “partial birth” abortion, and has a 0% rating from NARAL the pro-choice group. He voted for the constitutional ban on same-sex marriage and against allowing gay adoption in Washington D.C.

He has voted in favor making the PATRIOT Act permanent, and supports a constitutional amendment to ban flag burning and desecration. He supports more prisons, the death penalty and more cops. Pombo wants to prohibit medical marijuana and HIV-prevention needle exchange. He sponsored legislation that would require universities to allow military recruiters on campus, but he opposed a bill that would have boosted veteran-affairs spending by $53 million. He opposes gun control and opposes product-misuse lawsuits against gun manufacturers.

In 2003 Pombo got a 97 percent approval rating from the U.S. Chamber of Commerce. He also got an A-plus rating from the National Rifle Association and a 92 percent rating from the Christian Coalition in 2003.
For a more in depth appreciation of Richard Pombo’s politics, check out On The Issues at www. ontheissues.org/CA/Richard-Pombo.htm, which gives him a 70% hard right conservative rating.

Research Assistance by Erica Holt

Read James Chaffee’s response

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Contact: James Chaffee 584-8999 

SaveOurLibraries.com / savebooks@pacbell.net

Being Vexatious Down At the Public Library Is a Virtue

Open Letter to the SF Bay Guardian

The one thing that history has taught us is that if there is going to be responsible democratic government, there better be process, openness, access and respect beforehand, because there will never be accountability afterward. 

I use to think that there would be accountability, yet the forces of privatization have sucked our public library dry like any parasite, and everyone knows it.  Yet corporate philanthropy acts as if we are supposed to be grateful, and our city officials comply.

The San Francisco City Attorney has filed a motion to have me declared a vexatious litigant.  I confess that I am a bit shocked.  I never thought they would try it.  It is obvious that it is politically motivated and it needs to be addressed politically. 

There is no mistaking the source of this move.  There was a recent meeting of a committee of the Sunshine Task Force that had been called in the service of City departments reacting against document requests that were "annoying."  That was not the word, but something like that.  A representative of the City Attorney’s office, Matt Dorsey, stated that one of the City Attorney’s options was to seek redress in the court of public opinion.  Of course, it seems all too obvious to make an example of someone like myself who does not shrink from the term "Gadfly" but in fact embraces it.

According to the papers that were served with the motion for vexatious litigant, I have filed 20 lawsuits in my 31 year career as a Gadfly at the San Francisco Public Library.  When I started at the San Francisco Library Commission, there was no public attendance, no public comment, and I am sure the Library Commission never imagined there ever would be.  At that time the Library staff complained because the Library Commission had de facto meetings at the home of the director of the library’s private partner, at that time called the "Friends" now called the Friends and Foundation.  A prominent member of the Library staff solicited me to complain about violations of the Brown Act.  I had never heard of it at that time.  That was a long time ago.

At about the time that I started there was a Robert Redford movie called, "Three Days of the Condor."  It was about an historical society that was a front for the CIA.  I was a fly on the wall in those early Library Commission meetings, and that is what it was like.  No one cared about the library as a public institution.  They were going to suck it dry in the interests of private fund raising.  I was the first person to break through the barrier to attendance at Library Commission meeting and that first meeting was more challenging than any open meeting issue I have faced since.  Having done this, I felt it was my duty as a citizen to expose what I saw.

It is openly acknowledged at the Library that there would be no compliance with sunshine or open meetings laws without my lawsuits.  As a matter of fact, at the recent meetings of the Technology and Privacy Committee that was convened to pave the way for implementation of RFID, there was a proposal to use on-line conferencing software in an illegal way.  Commissioner Coulter made a joke that they had better not or they would get sued by me.  Some joke.  There is no respect for what is right, or what is legal, not to mention actual respect for the public.  The only thing that deters them from brazen violations of the law is getting sued.  The only thing that deters them from naked rip-off of the library is what little openness there is.

Yet after all of this time of being successful in creating some semblance of compliance with Sunshine and open meetings laws, if however grudging, their only response is to sue me as a vexatious litigant.  It is the opposite of the three  strikes law.  The concept is that after twenty strikes they want a get-out-of-jail free card.  One would think they would be ashamed that after this long string of illegalities, but they want to blame me for fixing it. 

This vexatious litigant motion is nothing but slander and intimidation in its purest form.  Labeling me as a vexatious litigant has no chance of success.  Such a motion is neither legal, lawful or even valid.  If any responsible authority in City Hall sees this missive, please be informed that the San Francisco City Attorney’s office is in desperate need of adult supervision.

One never knows what a judge is going to do, but even if I were to lose and end up being slandered as a vexatious litigant, it is a small price to pay.  There is a sense in which I lost the battle, but won the war.  There is public attendance at commission meetings, agenda items, public comment (no matter how much they laugh and rattle their M&M’s), and copies of documents under discussion (most of the time).  None of those things were implemented willingly.  The library Commission fought against them just as hard as I fought for them.  Most of the time it doesn’t matter much, but when the staff wants a City Librarian who has an MLS or the pre-school gets kicked out of Bernal Heights, there is a forum for people to speak and the Library Commission’s arbitrariness does not go down quite so easily. 

For those who believe that Coke is the Real Thing, Progress is Our Most Important Product, and Military Intelligence knows where the Weapons of Mass Destruction Are, they may also believe that corporate money in the library is "positive."  Everyone else has long ago acknowledged that I was right about the stream of lies that ruined our library and benefited private interests, and continues to do so.

The motion does not make sense without some discussion of the substance of the suits along the way.  The City Attorney in its memo uses the terms "meritless lawsuits over and over again," and "repetitive meritless lawsuits."  What the City Attorney does not mention is that three of those appeals resulted in published opinions.  When the Court of Appeal publishes an opinion, the court is saying that it is a significant point on which lower courts need guidance.  The published opinions went against me, but that is a result of the political climate not the significance of the issue.  

The law on vexatious litigants uses the term "adverse judgment."  Let’s take just one example.  The library refused to hold the required Library Preservation Fund neighborhood hearings on open hours in the branches.  I filed suit.  After the suit was filed, the Library Commission scheduled new hearings, and then claimed to the judge that the case was moot.  Is that an adverse judgment?  The city seems to think it is.  In fact, in the law there is something called a "prevailing party" standard.  Under that standard, if you get what you were originally asking for you are the prevailing party.  Under the "prevailing party" standard I have won the vast majority of the suits.

Let’s take another example.  One of the lawsuits was on a closed session.  The judge demanded to see the tape recording of the meeting "in camera."  The Library Commission claimed that they had "lost" the tape, unquestionably as a coverup.  The judge had no choice but to dismiss for lack of evidence.  Is that an adverse judgment?  The city seems to think it is.

Of course, there was the case that I won hands down.  At least two of the cases were about the Fuhrman Fund (See Bay Guardian of Dec. 22, 1993) where they had to get the law and the will changed to retroactively indemnify themselves.  Quentin Kopp got involved and there was a major public discussion public trusts.  (Don’t forget the Director of the Friends and Foundation was the same person who had attempted to divert the Buck Trust in Marin County.  Marin County was successful in protecting itself, but San Francisco failed.)  How meritless was that?

I could go on like this at some length, but the point is, these were all crucial issues and now I am defending myself against this superficial and malicious SLAPP.

I am grateful for the Bay Guardian’s support, but I think it makes one small faux pas.  The editorial refers to some of my lawsuits as "a little obscure."  All of the suits were about distinct and important points.  I never sued over anything that I didn’t consider both significant and a deliberate violation on the part of the Library Commission.  The Library Commission does not negotiate or compromise.  When I began the door was completely slammed in my face.  I started by establishing a beachhead and advancing openness point by point.  Myself, Kimo Crossman, Christian Holmer, Timothy Gillespie, Doug Comstock and so many others — including Bruce Brugmann — have been fighting for sunshine and open government against a door that has been slammed in our face by those who think that because of their money they are aristocrats or "good people."  There was nothing obscure about it.

The reason that this is so prejudicial is that I am in fact in "pro per" and people make certain assumptions about that.  What no one wants to admit is that the City Attorney is what is called "Rambo litigators from Hell."  Until one have been through at least a dozen lawsuits against them, one is helpless against the dirty tricks that one is up against.  Just as an indication, there are court rules that every case must have a settlement conference and a mediation.  In my entire history, I have never had either.  They never negotiate.  They never discuss.  They don’t have to.  If there were any truth in the matter, the City Attorney would be declared "vexatious."

The fact is that democracy exists because public-spirited citizens fight for it.  The better question is, Why did the Library Commission fight against it at every turn?   It is important to look at the broad perspective of who is, and has been, fighting for the democratic principles of openness and public process.  The fact is, Kimo Crossman and I, as well as others, have been fighting for democratic principles that are important to everyone and it is a good thing that we do, no matter how often we lose.

For those who saw my public comment at the Board of Supervisors meeting of April 11, you saw 35 newspaper headlines exposing problems in SFPL while I mentioned everything from the book dumping scandal to the retribution against staff whistleblower scandal, and many in between.  Would the City and the society as a whole be better off if none of that were exposed?  Of course, the library administration did not willingly allow the sunshine that brought those issues to light.  One of the weapons that they use most relentlessly against openness is personal calumny against those who would uncover the truth.  I have been called a lot worse things than vexatious litigant.  Every gain for democracy comes at the expense of the aristocracy’s prerogatives.  They don’t like it, but that is the way it works.

In the end it wasn’t about the Brown Act.  Figuratively speaking, I was smuggling wheelbarrows. It was about establishing a beachhead for democracy so that there would be public discussion about the issues of the privatization and destruction of the public library.  It is true that some of the Brown Act lawsuits were about relatively small points, but it began with brazen and open contempt for sunshine and ended up with more of the truth coming out than anyone thought possible.

The next step is putting Library Commission meetings on SFGTV.  How many departments with a $70 Million annual budget are not broadcast on cable access or available on Video on Demand?  The one thing that will make it difficult for the Library Commission to privatize the Public Library is to allow the people to see what is going on.  That is where "sunshine" comes from.  "Sunshine is the best disinfectant."

SF’s private police force

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Since long before the turn of the century, San Francisco has had a posse of private police officers patrolling the streets. Back in the 1870s, they were effectively vigilantes; by 1935 they’d become a bit more controlled in their behavior and won official recognition in the City Charter. They’re called patrol specials.

For years a fairly small number (there are now 41) have been walking neighborhood beats, hired by local merchants who don’t think the San Francisco Police Department is providing enough protection. Legally, the patrol specials are an odd amalgam: They’re licensed to carry handguns but not to make arrests. Most of them have some law-enforcement training, but not typically from a traditional police academy. In theory they report to the chief of police, but in practice they’re private businesspeople who are hired by, and do the bidding of, merchant groups.

The head of their association, Jane Warner, thinks they’re the future of neighborhood policing, and she, like other patrol special fans, openly calls for increased privatization of law enforcement. And the association is asking the San Francisco Police Commission to make it easier to expand its operations.

The patrol specials are mostly an archaic anomaly right now — but the trend toward privatizing the police force is frightening, and the commission ought to put a clear halt to it.

The rules governing patrol specials were forged in a very different era. The city is divided up into beats, and the patrol specials can buy up beats, then charge local businesses for protection. They can hire their own officers, subject to a background check and Police Commission approval. If they see any wrongdoing they’re supposed to call the cops — but in many cases they just go ahead and act like real police. "I’ve arrested hundreds of people," Warner, who owns beats in the Mission and West Portal, told the Guardian recently.

It’s more than a little bit weird to still have armed civilians, in uniform, with badges, walking around making arrests when they aren’t really accountable to anyone. The potential for problems is obvious: A merchant group might, for example, direct the local patrol special to focus on getting homeless people out of doorways — something that the city has established as not just a police priority but a social issue. The patrol specials aren’t taking orders from police headquarters though; they have to do what their customers want. And if they are accused of misconduct, they aren’t accountable to the Office of Citizen Complaints (OCC), which oversees all complaints against sworn officers; instead, the department’s Management Control Division — which has never been good at disciplining cops — is the final authority.

Nobody paid much attention to the patrol specials until the 1990s, when the San Francisco Police Officers Association — whose members make nice little chunks of change providing off-duty private security and saw them as competition — started complaining. Still, the policies haven’t really been updated in decades.

At the very least, the Police Commission needs to completely overhaul the rules for these quasi cops, establishing clear training guidelines, shifting disciplinary authority to the OCC, and demanding direct oversight over hiring and beat sales. But these kinds of private police fiefdoms make us very, very nervous — and the idea that the patrol specials’ turf may be expanding is a scary prospect.

The commission could make a clear policy statement opposing any privatization of local law enforcement, and that would be a positive step. But that agency can only go so far — the authority for the patrol specials is enshrined in the City Charter. So the supervisors need to take this up, posthaste — and amend the charter either to more tightly control and regulate the patrol specials, or eliminate them altogether. *