Protest

Fast food workers strike in the Bay Area and worldwide

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Bay Area fast food workers who walked out and picketed their stores last year are set for a repeat performance in their battle against the house that Big Mac built, timed to debut right as the Guardian hits the streets. And this strike is also set to expand.

On May 15, fast food workers worldwide plan to rise up in protest of unfair labor practices and punitive actions by their bosses. Fast food workers in the Bay Area will be joining the strike. Labor sources tell us their numbers may double thanks to new workers joining the movement in Pleasanton, Livermore, and Oakland.

The new Oakland march is twofold: One will picket a McDonald’s on East 12th Street, and another a McDonald’s on 14th and Jackson.

“I haven’t had a raise in three years,” a McDonald’s worker who identified herself as Markeisha told us just after she went out on strike from an Oakland McDonald’s in December. And contrary to the common narrative of fast food workers being independent teenagers, Markeisha said she has two children, and she is their sole provider.

Another common misconception is that workers are merely fighting for higher wages. Although raises are among their needs, fast food workers also contend they are a vulnerable workforce. Wage theft, low salaries, slashed hours, and punitive measures for speaking out are among the grievances fast food workers allege against their bosses at chains including McDonalds, Burger King, and Taco Bell.

“One thing we found when talking to fast food workers was wage theft issues were high,” Service Employees International Union Local 1021 Political Director Chris Daly told the Guardian. “When you’re making $8-11 an hour, a couple shifts can be the difference between paying the rent or not.”

Workers we talked to at the last strike alleged their jobs at McDonald’s and Kentucky Fried Chicken paid so low they had to also enroll in CalFresh (food stamps) to afford food. That sort of government subsidy for big business puts a strain on the taxpayer, former Labor Secretary and current UC Berkeley professor Robert Reich noted on his blog.

McDonalds alleges last year’s actions were strikes-in-name-only. “To right-size the headlines, however, the events taking place are not strikes. Outside groups are traveling to McDonald’s and other outlets to stage rallies,” McDonald’s wrote in a press statement.

Counter to the corporate narrative, the Bay Guardian witnessed multiple Oakland McDonalds workers joining picket lines (captured on video: “Oakland joins 100 cities in national strike,” Dec. 5,www.sfbg.com).

The next Fast Food Strike will have a world focus. Earlier this month, Salon.com reported the strike will reach cities including Karachi, Casablanca, London, Bangkok, Buenos Aires, Geneva and San Salvador.

“The fast food organizing across the country speaks to how this issue is capturing not just the public imagination,” Daly told us, “but speaking to low-wage workers realities to struggling simply to live.” 

Drivers protest fare breaks, fee hikes at Uber HQ

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Uber drivers protested the company outside its San Francisco headquarters today, and their complaint was simple: They feel Uber is picking their pockets. 

“They tricked us!” shouted Ramzi Reguii, an Uber driver and one of the lead speakers at the protest. 

The crowd of about 40 or so drivers held signs reading “Uber Exploitation” and “Uber workers are blue collar.” 

At issue is an email Uber sent to drivers (known as “partners,” in Uber parlance) in January. Uber warned it planned to decrease fares for riders by 20 percent to boost sales during the slow winter months. To offset this, the company also promised to reduce its own commission from 15 percent to 5 percent in order to help shoulder the decreased profits drivers may face.

In the email to its partners, the company promised “this is a test we are running during a traditionally slow period in January and possibly into February and March,” noting “depending on the results, we can best determine how long to do the promotion.”

In April, Uber boosted its commission up to 20 percent, but did not adjust fares, creating a double whammy Reguii called “ridiculous.”

uber_pricing

The drivers contend Uber is stringing them along, telling them fare cuts are only temporary only to later renege on its promises. 

“Right now it’s very hard to make money working at Uber,” a driver, Eugene Vinnikov, told us at the protest. He quit his job to work for Uber full-time, favoring the flexible work hours. But he told us the lowered fares means he must work excess work hours, which eat away at the flexibility that made Uber so attractive in the first place.

For its part, Uber was out at the protest listening to concerns. A team of Uber employees mingled with the crowd, listening to drivers’ complaints and explaining reasons behind certain decisions.

Uber San Francisco General Manager Ilya Abyzov stood toe to toe with drivers, coffee in hand, and deep shadows under his eyes. 

uberdriver

He said he understands where the drivers are coming from.

“These drivers are running a business,” Abyzov told the Guardian. Uber has to make sure its drivers are as well cared for as their customers, he said. “Our business doesn’t exist without both sides.”

Lane Kasselman, an Uber spokesperson, also noted Uber is offering a $1 trip incentive through the summer to offset driver costs. 

But most of that is too little, too late for some drivers. 

“I love Uber, we all do,” one driver shouted at Abyzov, just a foot from his face. “But now I have to work sixteen hours to make what I was making in a day before.” 

Abyzov simply stood there, listening.

Injured protester Scott Olsen demands Oakland Police reform weapon use

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Injured veteran Scott Olsen is calling on Mayor Jean Quan to ban the Oakland Police Department from using less-than-lethal weapons during protests and other crowd events.

The announcement came through his attorneys at the National Lawyers Guild Tuesday night, on the heels of Oakland City Council’s vote to approve a $4.5 million payout to Olsen for brain injuries he sustained at the hands of the OPD at an Occupy Oakland protest in 2011. 

An OPD officer shot a beanbag into the crowd, striking Olsen in the head. His skull was shattered and part of his brain was destroyed. Olsen had to learn how to talk all over again. The beanbag may have been “less lethal,” he contends, but the injury cost him dearly.

“Other major Bay Area cities don’t use SIM [Specialty Impact Munitions], chemical agents, or explosives on crowds, and we don’t need them in Oakland,” Olsen said, in a press statement. “OPD can’t be trusted to abide by its policies. These dangerous weapons must be completely banned at demonstrations and other crowd events. “

The “beanbag” that struck Olsen is more accurately described as a flexible baton round, a press release from the Oakland City Attorney’s office wrote. A flexible baton is a cloth-enclosed, lead-filled round known an SIM that is fired from a shotgun. 

Olsen and his attorneys, the National Lawyers Guild, launched a petition calling for OPD to cease use of less lethal weapons on crowds, which had 45 supporters as of press time.

So-called less lethal weapons like tear gas canisters, rubber bullets, and flexible baton rounds have injured over a dozen Oakland protesters, costing the city over $6.5 million in legal fees, according to the NLG.

As we’ve previously reported, OPD is currently under federal oversight over its mishandling of the Occupy protests and questionable actions in the infamous Riders case. OPD’s own Incident Statistics document the extensive use of force the night Scott Olsen was injured.

As the Guardian reported in 2012, “The document describes several types of UOF. On Oct. 25, these included baton (26 uses), chemical agent (21 total uses), non-striking use of baton (19 times), control hold (five), four uses of ‘weaponless defense technique’ and five uses of ‘weaponless defense technique to vulnerable area.’ In four reported instances, police ‘attempted impact weapon strike but missed.’”

Ultimately, Oakland will pay only $1.5 million of the $4.5 million settlement, city spokesperson Alex Katz wrote in a press release. The city’s insurance will pay the rest.

But the danger is far greater than fiscal.

Jim Chanin, one of Olsen‘s attorneys, noted that people have been inadvertently killed by less lethal weapons before, including a bystander in a 2003 incident in Boston. 

“If OPD is allowed to continue to shoot SIM and toss explosives into crowds,” Chanin said, “it is only a matter of time before someone is killed.”
 


Theater Listings: May 7 – 13, 2014

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Stage listings are compiled by Guardian staff. Performance times may change; call venues to confirm. Reviewers are Robert Avila, Rita Felciano, and Nicole Gluckstern. Submit items for the listings at listings@sfbg.com.

THEATER

OPENING

Chasing Mehserle Intersection for the Arts, 925 Mission, SF; chasingmehserle.brownpapertickets.com. $25. Opens Thu/8, 8pm. Runs Thu-Sun and Mon/12, 8pm. Through May 24. Also May 29-31, 8pm, $15-25, Z Space, 450 Florida, SF; www.zspace.org. Intersection for the Arts, Campo Santo, and the Living Word Project present Chinaka Hodge’s performance piece about Oakland in the aftermath of the Oscar Grant killing.

Lovebirds Marsh San Francisco Studio, 1062 Valencia, SF; www.themarsh.org. $20-100. Opens Sat/10, 8:30pm. Runs Fri, 8pm; Sat, 8:30pm. Through May 31. Award-winning solo theater artist Marga Gomez brings her hit comedy back for a limited run before taking it to New York in June.

BAY AREA

The Color Purple Hillbarn Theatre, 1285 East Hillsdale, Foster City; www.hillbarntheatre.org. $23-38. Previews Thu/8, 8pm. Opens Fri/9, 8pm. Runs Thu-Sat, 8pm; Sun, 2pm. Through June 1. Hillbarn Theatre closes its 73rd season with the musical adaptation of Alice Walker’s classic novel.

ONGOING

Communiqué N°10 Exit on Taylor, 277 Taylor, SF; www.cuttingball.com. $10-50. Thu, 7:30; Fri-Sat, 8pm (also Sat, 2pm); Sun, 5pm. Through May 25. Amid a fractious band of young rebels from the urban underclass and ongoing rioting in the streets, a young immigrant named Hassan (Damien Seperi) searches for the man who killed his 16-year-old brother. French playwright Samuel Gallet’s Communiqué N°10 draws immediate inspiration from the Paris riots of 2005, but the tinder box of extreme inequality and anti-immigrant policies are hardly a French monopoly (indeed, the stand-off last year between immigrant rights demonstrators and French police following the deportation of a Roma student, snatched off a school bus in front of her classmates, sounds all too familiar to Americans living through Obama’s unprecedented wave of deportations and incarcerations of undocumented people and the popular protest rising against it). Cutting Ball Theater’s US premiere of Gallet’s play, however, strains after its subject, timely though it is. Presented in association with Golden Thread Productions as part of the second biennial Des Voix&ldots; festival of new French plays and cinema, director and translator Rob Melrose’s production sets the action on a spare set (designed by Michael Locher) ringed by a two-tier framework of metal piping, about which some of the seven-member cast climb and roost. But the sparse setting is in fact overwhelmed with altogether too much stage business, including Emma Jaster’s somewhat labored choreography and Cliff Caruthers’ often distracting soundscape, which only detracts from the already difficult-to-follow plot points and further undermines an ensemble that never really coheres. Add to this contrived dialogue such as Hassan’s retort to having his picture snapped by love-interest Marlene (Maura Halloran) — “Images. We never know what purposes they serve in the end” — and what should be a tense and dynamic drama instead becomes a dreary, vaguely didactic ball of confusion. (Avila)

“DIVAfest” Exit Theatre, 156 Eddy, SF; www.divafest.info. Prices and showtimes vary. Through May 24. This 13th annual festival celebrates the work of women artists, with performances including the premiere of Rat Girl (adapted from the memoir by rocker Kristin Hersh), Margery Fairchild’s ballet comedy The Pas De Quatre, a reading by acclaimed poet Diane di Prima, and more.

Dracula Shelton Theater, 533 Sutter, SF; sfdracula.blogspot.com. $35. Thu-Sat, 8pm. Through May 31. Kellerson Productions presents a new adaptation of the Bram Stoker classic.

Du Barry Was a Lady Eureka Theatre, 215 Jackson, SF; www.42ndstmoon.org. $25-75. Wed-Thu, 7pm; Fri, 8pm; Sat, 6pm (also Sat/10 and May 17, 1pm); Sun, 3pm. Through May 18. 42nd Street Moon presents Cole Porter’s saucy musical comedy, with comedian and writer Bruce Vilanch starring.

E-i-E-i-OY! In Bed with the Farmer’s Daughter NOHSpace, 2840 Mariposa, SF; www.vivienstraus.com. $20. Fri/9-Sat/10, 8pm. Vivien Straus performs her autobiographical solo show.

Feisty Old Jew Marsh San Francisco Main Stage, 1062 Valencia, SF; www.themarsh.org. $25-100. Sat, 8pm; Sun, 7pm. Starting May 17, performance schedule changes to Sat-Sun, 5pm. Extended through July 13. Charlie Varon performs his latest solo show, a fictional comedy about “a 20th century man living in a 21st century city.”

Foodies! The Musical Shelton Theater, 533 Sutter, SF; www.foodiesthemusical.com. $32-34. Fri-Sat, 8pm. Open-ended. AWAT Productions presents Morris Bobrow’s musical comedy revue all about food.

Pearls Over Shanghai Hypnodrome Theatre, 575 10th St, SF; www.thrillpeddlers.com. $30-35. Thu-Sat, 8pm. Through May 31. Five years ago, Thrillpeddlers breathed new life into a glitter-dusted piece of Sixties flotsam, beautifully reimagining the Cockettes’ raunchy mock-operetta Pearls Over Shanghai (in collaboration with several surviving members of San Francisco’s storied acid-drag troupe) and running it for a whopping 22 months. Written by Cockette Link Martin as a carefree interpretation of a 1926 Broadway play, the baldly stereotyped Shanghai Gesture, it was the perfectly lurid vehicle for irreverence in all directions. It’s back in this revival, once again helmed by artistic director Russell Blackwood with musical direction by Cockette and local favorite Scrumbly Koldewyn. But despite the frisson of featuring some original-original cast members — including “Sweet Pam” Tent (who with Koldewyn also contributes some new dialogue) and Rumi Missabu (regally reprising the role of Madam Gin Sling) — there’s less fire the second time around as the production straddles the line between carefully slick and appropriately sloppy. Nevertheless, there are some fine musical numbers and moments throughout. Among these, Zelda Koznofsky, Birdie-Bob Watt, and Jesse Cortez consistently hit high notes as the singing Andrews Sisters-like trio of Americans thrown into white slavery; Bonni Suval’s Lottie Wu is a fierce vixen; and Noah Haydon (as the sultry Petrushka) is a class act. Koldewyn’s musical direction and piano accompaniment, meanwhile, provide strong and sure momentum as well as exquisite atmosphere. (Avila)

Romeo and Juliet Phoenix Theatre, 414 Mason, Ste 601, SF; www.eventbrite.com. $20. Thu-Sat, 8pm; Sun/11 and May 24, 3pm. Through May 24. Ninjaz of Drama performs Shakespeare’s tragic romance.

Seminar San Francisco Playhouse, 450 Post, Second Flr, SF; www.sfplayhouse.org. $20-100. Tue-Thu, 7pm; Fri-Sat, 8pm (also Sat, 3pm); May 18 and June 1 and 8, 2pm. Through June 14. San Francisco Playhouse performs Theresa Rebeck’s biting comedy.

Shit & Champagne Rebel, 1772 Market, SF; shitandchampagne.eventbrite.com. $25. Fri-Sat, 8pm. Open-ended. D’Arcy Drollinger is Champagne White, bodacious blond innocent with a wicked left hook in this cross-dressing ’70s-style white-sploitation flick, played out live on Rebel’s intimate but action-packed barroom stage. Written by Drollinger and co-directed with Laurie Bushman (with high-flying choreography by John Paolillo, Drollinger, and Matthew Martin), this high-octane camp send-up of a favored formula comes dependably stocked with stock characters and delightfully protracted by a convoluted plot (involving, among other things, a certain street drug that’s triggered an epidemic of poopy pants) — all of it played to the hilt by an excellent cast that includes Martin as Dixie Stampede, an evil corporate dominatrix at the head of some sinister front for world domination called Mal*Wart; Alex Brown as Detective Jack Hammer, rough-hewn cop on the case and ambivalent love interest; Rotimi Agbabiaka as Sergio, gay Puerto Rican impresario and confidante; Steven Lemay as Brandy, high-end calf model and Champagne’s (much) beloved roommate; and Nancy French as Rod, Champagne’s doomed fiancé. Sprawling often literally across two buxom acts, the show maintains admirable consistency: The energy never flags and the brow stays decidedly low. (Avila)

Sleeping Cutie: A Fractured Fairy Tale Musical Thick House, 1695 18th St, SF; sleepingcutiemusical.tix.com. $30-40. Thu/8-Sat/10, 8pm; Sun/11, 2pm. Off a Cliff Productions and PlayGround present Diane Sampson and Doug Katsaros’ world-premiere musical.

The Speakeasy Undisclosed location (ticket buyers receive a text with directions), SF; www.thespeakeasysf.com. $70 (gambling chips, $5-10 extra; after-hours admission, $10). Thu-Sat, 7:40, 7:50, and 8pm admittance times. Extended through May 24. Boxcar Theater’s most ambitious project to date is also one of the more involved and impressively orchestrated theatrical experiences on any Bay Area stage just now. An immersive time-tripping environmental work, The Speakeasy takes place in an “undisclosed location” (in fact, a wonderfully redesigned version of the company’s Hyde Street theater complex) amid a period-specific cocktail lounge, cabaret, and gambling den inhabited by dozens of Prohibition-era characters and scenarios that unfold around an audience ultimately invited to wander around at will. At one level, this is an invitation to pure dress-up social entertainment. But there are artistic aims here too. Intentionally designed (by co-director and creator Nick A. Olivero with co-director Peter Ruocco) as a fractured super-narrative — in which audiences perceive snatches of overheard stories rather than complete arcs, and can follow those of their own choosing — there’s a way the piece becomes specifically and ever more subtly about time itself. This is most pointedly demonstrated in the opening vignettes in the cocktail lounge, where even the ticking of Joe’s Clock Shop (the “cover” storefront for the illicit 1920s den inside) can be heard underscoring conversations (deeply ironic in historical hindsight) about war, loss, and regained hope for the future. For a San Francisco currently gripped by a kind of historical double-recurrence of the roaring Twenties and dire Thirties at once, The Speakeasy is not a bad place to sit and ponder the simulacra of our elusive moment. (Avila)

The Suit ACT’s Geary Theater, 415 Geary, SF; www.act-sf.org. $20-120. Wed-Sat, 8pm (also Sat, Wed/7, and May 14, 2pm); Sun, 2pm (May 18, show at 1pm); Tue, 7pm (Tue/13, show at 8pm). Through May 18. ACT performs Peter Brook, Marie Hélène Estienne, and Franck Krawcyzk’s music-infused drama about betrayal and resentment adapted from the short story by South African author Can Themba.

Tipped & Tipsy Marsh Studio Theater, 1062 Valencia, SF; www.themarsh.org. $20-50. Sat, 5pm; Sun, 7pm. Extended through May 17. Last fall’s San Francisco Fringe Festival began on a high note with Jill Vice’s witty and deft solo, Tipped & Tipsy, and the Best of Fringe winner is now enjoying another round at solo theater outpost the Marsh. Without set or costume changes, Vice (who developed the piece with Dave Dennison and David Ford) brings the querulous regulars of a skid-row bar to life both vividly and with real quasi-Depression-Era charm. She’s a protean physical performer, seamlessly inhabiting the series of oddball outcasts lined up each day at Happy’s before bartender Candy — two names as loaded as the clientele. After some hilarious expert summarizing of the dos and don’ts of bar culture, a story unfolds around a battered former boxer and his avuncular relationship with Candy, who tries to cut him off in light of his clearly deteriorating health. Her stance causes much consternation, and even fear, in his barfly associates, while provoking a dangerous showdown with the bar’s self-aggrandizing sleazeball owner, Rico. With a love of the underdog and strong writing and acting at its core, Tipsy breezes by, leaving a superlative buzz. (Avila)

“Des Voix: Found in Translation Biennial 2014” Various venues, SF; www.desvoixfestival.com. Prices vary. Through May 25. In addition to Communiqué N°10 (listed above), this festival of contemporary French playwrights and cinema includes four new play translations, a “New Play Nightclub,” film screenings, and more. Presented by Playwrights Foundation, Tides Theatre, Cutting Ball Theater, French International School, and the French Consulate of San Francisco.

Waxing West Brava Theater Center, 2781 24th St, SF; www.brava.org. $20. Thu-Sat, 8pm; Sun, 3pm. Through May 18. Brava! For Women in the Arts and RasaNova Theater present the West Coast premiere of Saviana Stanescu’s tale of a Romanian mail-order bride haunted by her country’s past.

The World’s Funniest Bubble Show Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. $8-11. Sun, 11am. Extended through May 25. The popular, kid-friendly show by Louis Pearl (aka “The Amazing Bubble Man”) returns to the Marsh.

BAY AREA

Fences Marin Theatre Company, 397 Miller, Mill Valley; www.marintheatre.org. $37-58. Wed/7, 7:30pm; Thu/8-Sat/10, 8pm (also Sat/10, 2pm); Sun/11, 2 and 7pm. Marin Theatre Company performs August Wilson’s Pulitzer- and Tony-winning drama, with an all-star cast of Bay Area talent: Carl Lumbly, Steven Anthony Jones, and Margo Hall.

Geezer Marsh Berkeley, 2120 Allston, Berk; www.themarsh.org. $25-50. New show schedule: Wed, 8pm; Sat, 3pm. Extended through May 24. Geoff Hoyle moves his hit comedy about aging to the East Bay.

The Letters Harry’s UpStage, Aurora Theatre Company, 2081 Addison, Berk; www.auroratheatre.org. $28-32. Wed-Sat, 8pm; Sun, 2pm. Through June 1. American playwright John W. Lowell’s The Letters harkens back to Stalinist days and some unspecified ministry, where a dutiful staff goes about censoring the personal and openly homoerotic correspondence of an iconic Russian composer (Tchaikovsky). Directed by Mark Jackson for Aurora Theater’s new upstairs black box, the two-hander unfolds in the small but tidy and dignified office belonging to the ministry’s director (an imposing Michael Ray Wisely). He has summoned one of his employees, a widow named Anna (a taut Beth Wilmurt), for reasons not immediately clear to her or us. A careful dance around a minefield of protocol, sexual innuendo, and hidden agendas ensues, as a dangerous and deadly scandal surrounding the aforementioned letters makes itself felt. Given the Ukraine crisis, the ramping up of Cold War II, and Russia’s increasing authoritarianism — including its new law against homosexual “propagandizing” in the cultural realm, and a Ministry of Culture vowing to withhold funding from art lacking in “spiritual or moral content” — it’s all a remarkably timely little time warp. And Lowell’s story is cleverly crafted for the most part. Unfortunately, the production’s two capable actors have a hard time conveying a lifelike (if however strained) relationship or the perspiration-inducing tension the drama purports to carry. At the same time, the drama’s dialogue, at least as played here, can stretch the bounds of verisimilitude by veering from flinty, cagey ducks and jabs to outright insubordination, sarcasm, and ineffectual blustering — the latter outbursts seeming to leave the pressure pot of the Great Terror far behind. It’s still a long way from Tom and Jerry, but as a cat and mouse game the stakes, and the arc of the story, feel more fantastical then pressingly contemporary. (Avila)

Mutt: Let’s All Talk About Race La Val’s Subterranean, 1834 Euclid, Berk; www.impacttheatre.com. $10-20. Thu-Sat, 8pm; Sun, 7pm. Through June 8. Impact Theatre and Ferocious Lotus Theatre Company present the world premiere of Christopher Chen’s political satire.

Nantucket Marsh Berkeley MainStage, 2120 Allston, Berk; www.themarsh.org. $25-100 (all tickets include a picnic dinner). Thu and Sat, 7pm. Through June 14. Acclaimed solo performer Mark Kenward presents his “haunting yet hilarious” autobiographical show about growing up on Nantucket.

Not a Genuine Black Man Osher Studio, 2055 Center, Berk; www.berkeleyrep.org. $30-45. Wed, 7pm (no shows May 14, 21, or 28); Thu-Sat, 8pm (no shows Fri/9-Sat/10). Through May 31. Brian Copeland brings his acclaimed, long-running solo show to Berkeley Rep for a 10th anniversary limited run.

“Pear Slices” Pear Avenue Theatre, 1220 Pear, Mtn View; www.thepear.org. $10-35. Thu-Sat, 8pm; Sun, 2pm. Through May 25. Original short plays from the Pear Playwrights Guild.

Tribes Berkeley Repertory Theatre, Roda Theatre, 2015 Addison, Berk; www.berkeleyrep.org. $29-99. Tue and Thu-Sat, 8pm (also Sat, 2pm); Wed and Sun, 7pm (also Sun, 2pm; no 2pm show May 18). Through May 18. Berkeley Rep performs Nina Raine’s family drama about a young deaf man who comes of age.

Wittenberg Aurora Theatre, 2081 Addison, Berk; www.auroratheatre.org. $32-60. Wed/7-Sat/10, 8pm; Sun/11, 2 and 7pm. Aurora Theatre Company performs David Davalos’ comedy about reason versus faith.

PERFORMANCE/DANCE

“Alien Citizen: An Earth Odyssey” Mission Cultural Center, 2868 Mission, SF; cargocollective.com/aliencitizen. Sat/10, 8pm. $12. Elizabeth Lang performs her solo show about her mixed heritage. Part of the United States of Asian America Festival 2014.

“Asian American StoryFest” Mission Cultural Center, 2868 Mission, SF; ww.ethnohtec.org. Fri/9, 8pm. Also Sat/10, 1:30pm, 3:30pm, 7pm (panel), 8pm, $10-20, Oakland Asian Cultural Center, 388 Ninth St, Oakl. Seven nationally-recognized storytellers take the stage to perform Asian folk tales, myths, and contemporary stories. Part of the United States of Asian America Festival 2014.

Caroline Lugo and Carolé Acuña’s Ballet Flamenco Peña Pachamama, 1630 Powell, SF; www.carolinalugo.com. Sat/10, May 17, 25, June 17, 22, and 29, 6:15pm; Sun/11, 1pm. $15-19 (Sun/11, call for price). Flamenco performance by the mother-daughter dance company, featuring live musicians.

Company C Contemporary Ballet Lesher Center for the Arts, 1601 Civic, Walnut Creek; www.lesherartscenter.org. Thu/8-Sat/10, 8pm; Sun/11, 2pm. $25-48. With two world premieres by Maurice Causey and Charles Moulton.

“The Escapement” Joe Goode Annex, 401 Alabama, SF; theescapement.eventbrite.com. Fri/9-Sat10, 8pm. $15-25. Emerging choreographer Katharine Hawthone presents a new, evening-length work.

Feinstein’s at the Nikko 222 Mason, SF; www.feinsteinssf.com. This week: Wesla Whitfield, Thu/8-Fri/9, 8pm, $30-45; Kim Nalley, Sat/10-Sun/11, 7pm, $30-45.

“The Fifth String: Ziryab’s Passage to Cordoba” Brava Theatre Center, 2781 24th St, SF; www.goldenthread.org. May 15-17, 8pm; May 18, 3pm. $15-22. Golden Thread continues its “Islam 101” performance series with this family-friendly play with live music.

“Golden Gate Dreams and Evil Schemes: Short Plays by Short People” Brava Theater, 2781 24th St, SF; www.brava.org. Thu/8, 6:30pm; Fri/9, 7pm. $10-25. Professional actors and musicians perform six short plays written by fifth graders at Starr King Elementary School.

“Indulge” ODC Theater, 3153 17th St, SF; www.odctheater.org. Tue/13, 8-10pm. $50-150. This ODC Theater benefit features dinner with artists and choreographers, pop-up performances, and more.

“Jackie Beat: If You See Something, Say Something” Rebel, 1760 Market, SF; www.brownpapertickets.com. Sat/10, 7 and 10pm. $25-30. Drag superstar Jackie Beat performs “hilarious new material and a sprinkling of tacky classics.”

“Let’s Get Nautical: A Mother’s Day Yacht Rock Extravaganza” Supperclub, 657 Harrison, SF; (415) 637-3386. Sun/11, 7-11pm. $10. Nautical-themed burlesque and disco-funk jams.

“Magic at the Rex” Hotel Rex, 562 Sutter, SF; www.magicattherex.com. Sat, 8pm. Ongoing. $25. Magic and mystery with Adam Sachs and mentalist Sebastian Boswell III.

“Mortified” DNA Lounge, 375 11th St, SF; www.getmortified.com. Fri/9, 7:30pm. $21. Also Sat/10, 7:30pm, $20, Uptown, 1928 Telegraph, Oakl. Fearless storytellers share their most adorably embarrassing childhood writings.

“Out of Line Improv” Stage Werx, 446 Valencia, SF; outoflineimprov.brownpapertickets.com. Sat, 10:30pm. $12. Ongoing. A new, completely improvised show every week.

“San Francisco Comedy College” Purple Onion at Kells, 530 Jackson, SF; www.purpleonionatkells.com. $5-10. “New Talent Show,” Wed-Thu, 7. Ongoing. “The Cellar Dwellers,” stand-up comedy, Wed-Thu, 8:15pm and Fri-Sat, 7:30pm. Ongoing.

Sara Bush Dance Project Dance Mission Theater, 3316 24th St, SF; www.dancemission.com. Fri/9-Sat/10, 8pm; Sun/11, 4 and 7pm. $23-50. The company performs Rocked By Women, an homage to the feminist movement.

Summation Dance and The Thick Rich Ones Z Space, 450 Florida, SF; www.zspace.org. Fri/9-Sat/10, 8pm. $15-25. The two companies — from New York, all-female troupe Summation Dance, and from Oakland, performance collective the Thick Rich Ones — join forces to present “Three.”

“They Call Me Q” Stage Werx, 446 Valencia, SF; www.theycallmeq.com. Thu/8, 8pm; Sat/10, 2pm. $20-25. Qurrat Ann Kadwani performs her solo show, comprised of 13 characters. Part of the United States of Asian America Festival 2014.

“Thou Swell! Thou Witty! The Rodgers and Hart Salon” Eureka Theatre, 215 Jackson, SF; www.42ndstmoon.org. Mon/12-Tue/13, 7pm. $45-70. Tony winner Faith Prince stars in 42nd Street Moon’s celebration of the Rodgers and Hart songbook.

“Unbecoming MILF: Confessions of a Bi Butch Breeder” Center for Sex and Culture, 1349 Mission, SF; www.sexandculture.org. Sat/10, 7:30pm. $5-20. Lori Selke debuts her solo show.

“Uncertain Weather” ODC Theater, 3153 17th St, SF; www.odctheater.org. Sat/10-Sun/11, 1 and 4pm. ODC School/Rhythm and Motion Dance program presents this youth performance showcasing a variety of dance styles.

“Yerba Buena Gardens Festival” Yerba Buena Gardens, 760 Howard, SF; www.ybgfestival.org. Sun/10, 1pm. Free. Through Oct 26. This week: San Jose Taiko.

BAY AREA

“Asian Pacific American Comedy” Pacific Pinball Museum, 1510 Webster, Alameda; www.pacificpinball.org. Sat/10, 7:30pm. $15. Stand-up comedy for adults with Josef Anolin, Lilybeth Helson, Justin Lucus, and Molly Sokhom.

Diablo Ballet Shadelands Arts Center Auditorium, 111 N. Wiget Lane, Walnut Creek; www.diabloballet.org. Fri/9-Sat/10, 8pm (also Sat/10, 2pm). $24-39. The company performs works by Val Caniparoli and George Balanchine, among others.

“First Annual Contemporary Performance Diasporas Festival” South Berkeley Community Church, 1802 Fairview, Berk; www.infernotheatre.org. Fri/9-Sat/10, 8pm; Sun/11, 6pm, $10-35 (festival pass, $30-50). Interdisciplinary and multi-cultural live ensemble and solo performances, presented by Inferno Theatre.

“MarshJam Improv Comedy Show” Marsh Berkeley, 2120 Allston, Berk; www.themarsh.org. Fri, 8pm. Ongoing. $10. Improv comedy with local legends and drop-in guests.

“3 Still Standing” Throckmorton Theatre, 142 Throckmorton, Mill Valley; www.throckmortontheatre.org. Fri/9, 8pm. $23-35. Stand-up with Will Durst, Larry “Bubbles” Brown, and Johnny Steele.

*

 

Dick Meister: The real May Day

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By Dick Meister

May Day. A day to herald the coming of Spring with song and dance, a day for
children with flowers in their hair to skip around beribboned maypoles, a
time to crown May Day queens.

But it also is a day for demonstrations heralding the causes of working
people and their unions such as are being held on Sunday that were crucial
in winning important rights for working people. The first May Day
demonstrations, in 1886,  won the  most important of the rights ever won by
working people ­ the right demanded above all others by the labor activists
of a century ago:

“Eight hours for work, eight hours for rest, eight hours for what we will!”

Winning the eight-hour workday took years of hard struggle, beginning in the
mid-1800s. By 1867, the federal government, six states and several cities
had passed laws limiting their employees’ hours to eight per day. The laws
were not effectively enforced and in some cases were overturned by courts,
but they set an important precedent that finally led to a powerful popular
movement.

The movement was launched in 1886 by the Federation of Organized Trades and
Labor Unions, then one of the country’s major labor organizations. The
federation called for workers to negotiate with their employers for an
eight-hour workday and, if that failed, to strike on May 1 in support of the
demand.

Some negotiated, some marched and otherwise demonstrated.  More than 300,000
struck. And all won strong support, in dozens of cities ­ Chicago, New York,
Baltimore, Boston, Milwaukee, St. Louis, San Francisco, Pittsburgh, Denver,
Indianapolis, Cincinnati, Detroit, Washington, Newark, Brooklyn, St. Paul
and others.

More than 30,000 workers had won the eight-hour day by April. On May Day,
another 350,000 workers walked off their jobs at nearly 12,000
establishments, more than 185,000 of them eventually winning their demand.
Most of the others won at least some reduction in working hours that had
ranged up to 16 a day.

Additionally, many employers cut Saturday operations to a half-day, and the
practice of working on Sundays, also relatively common, was all but
abandoned by major industries.

“Hurray for Shorter Time,” declared a headline in the New York Sun over a
story describing a torchlight procession of 25,000 workers that highlighted
the eight-hour-day activities in New York. Never before had the city
experienced so large a demonstration.

Not all newspapers were as supportive, however. The strikes and
demonstrations, one paper complained, amounted to “communism, lurid and
rampant.” The eight-hour day, another said, would encourage “loafing and
gambling, rioting, debauchery, and drunkenness.”

The greatest opposition came in response to the demonstrations led by
anarchist and socialist groups in Chicago, the heart of the eight-hour day
movement. Four demonstrators were killed and more than 200 wounded by police
who waded into their ranks, but what the demonstrators¹ opponents seized on
were the events two days later at a protest rally in Haymarket Square. A
bomb was thrown into the ranks of the police who had surrounded the square,
killing seven and wounding 59.

The bomb thrower was never discovered, but eight labor, socialist and
anarchist leaders ­ branded as violent, dangerous radicals by press and
police alike ­ were arrested on the clearly trumped up charge that they had
conspired to commit murder.  Four of them were hanged, one committed suicide
while in jail, and three were pardoned six years later by Illinois Gov. John
Peter Altgeld.

Employers responded to the so-called Haymarket Riot by mounting a
counter-offensive that seriously eroded the eight-hour day movement’s gains.
But the movement was an extremely effective organizing tool for the
country’s unions, and in 1890 President Samuel Gompers of the American
Federation of Labor was able to call for “an International Labor Day” in
favor of the eight-hour workday. Similar proclamations were made by
socialist and union leaders in other nations where, to this day, May Day is
celebrated as Labor Day.

Workers in the United States and 13 other countries demonstrated on that May
Day of 1890 ­ including 30,000 of them in Chicago. The New York World hailed
it as “Labor’s Emancipation Day.” It was. For it marked the start of an
irreversible drive that finally established the eight-hour day as the
standard for millions of working people.

Bay Guardian columnist Dick Meister, formerly labor editor of the SF
Chronicle and KQED-TV, has covered labor and politics for a half-century as
a reporter, editor, author and commentator. Contact him through his website,
dickmeister.com, which includes several hundred of his columns.

(The Bruce blog is written and edited by Bruoe B. Brugmann, editor at large of the Guardian. He is the former editor of the Guardian and with his wife Jean Dibble the co-founder and co-publisher of the Guardian,1966-2012.)

Guardian Intelligence: April 30 – May 6, 2014

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ONE FOR THE BOOKS

Polish your reading glasses: Sat/3 marks this first ever California Bookstore Day, a party featuring readings, author and artist appearances, and one-day-only, limited-edition book releases, taking place simultaneously at some 90 bookstores up and down the state. It’s modeled on the mega-successful Record Store Day, natch. A dozen bookstores in San Francisco have signed on, including Green Apple, City Lights, Booksmith, Books Inc., and Borderlands. Check www.cabookstoreday.com to find the celebration closest to you. Because hey, what kind of party has Amazon thrown for you lately?

ANOTHER ONE BITES THE DUST

The Attic, the dank 24th Street dive bar known for its decrepit vinyl booths, a pervasive questionable smell, and, somehow, boatloads of charm, closed its doors for good last week. Those in the know say owner Roger Howell (a former owner of Mad Dog in the Fog) will be using his liquor license at the schmancy new Gashead Tavern on Mission. No word yet on whether there will be DJs at that establishment who play nothing but the Clash if you ask them, or bartenders who give you endless bowls of Goldfish crackers, or a welcoming gang of hard-drinking regulars who cheer when you find your phone still at the bar after leaving it there the night before. RIP.

AIRBNB REG SHIT SHOW

Last year, when we at the Guardian were the only ones shouting about Airbnb‘s tax evasion and illegal short-term rentals, is was a lonely struggle. Then other journalists caught onto the story, Sup. David Chiu introduced his regulatory legislation a couple weeks ago, and the issue began to heat up. This week it all became a full-blown shit show, with rival rallies at City Hall on April 29. Opponents of the legislation are threatening a fall ballot measure that would reinforce the short-term rental ban in residential areas and give rewards to people who rat out their Airbnb-using neighbors. Perhaps we should be careful what we wish for.

MANY HAPPY RETURNS

It’s alive! The UC Theatre — the 1,460-seat Berkeley landmark, once beloved for its killer repertory film programming, but closed since 2001 — will undergo an eight-month renovation starting this summer and re-open as a nonprofit live music venue in 2015. According to a press release sent out by its new directors, Berkeley Music Group, the venue will present “approximately 75 to 100 shows a year, featuring a culturally diverse range of local, national, and international artists performing music genres ranging from Americana to zydeco and everything in between.” Located just two blocks from the Downtown Berkeley BART station, it will feature both touring and local bands and musicians, as well as comedy shows, a speaker series, and (yesss!) film screenings. Bonus: a full-service restaurant and bar, too. Bookmark www.theuctheatre.org to stay posted on the latest.

GLOBAL ECO-ACTIVISTS HONORED

Six winners of the Goldman Environmental Prize were awarded this week in San Francisco. The prestigious awards were given to Desmond D’Sa of South Africa, who organized a campaign to shut down a toxic waste dump; Ramesh Agrawal of India, who led disenfranchised communities in a successful effort to seek information on industrial activities and shut down a proposed coal mine; Suren Gazaryan of Russia, who helped expose the illegal use of federally protected forestland; Rudi Putra of Indonesia, who is targeting palm oil plantations that have triggered massive deforestation; Helen Slottje of New York, who provided pro-bono legal assistance to help pass bans on fracking; and Ruth Buendía Mestoquiari who led indigenous people of Peru in a fight against large-scale dams that would have displaced them.

WESTERN HIPNESS

Missionites and other east-side San Franciscans are always bashing the Outer Richmond and the Outer Sunset. Dubbed the Outerlands, its too foggy, too far, too quiet, or too-blah to make the visit worthwhile. You know what? The Outerlands doesn’t need you anymore, Mission! They’ve got a brand new parklet at Simple Pleasures Cafe on 35th avenue. Soon they’ll have overpriced coffee, Google buses, and white-washed ethnic food too! Avenues, represent.

TECH HEAD GOES FREE

San Francisco-based RaidumOne CEO Gurbaksh Chalal allegedly beat his girlfriend 117 times, but the man will not go to jail. A jury found Chalal guilty of misdemeanor violence and battery charges, and will serve three years probation, spend 52 weeks in a domestic violence program and perform 25 hours of community service. The court through out video evidence of the incident that police had seized from Chalal’s home as inadmissible. Chalal wrote on his blog, “This was all overblown drama because it generates huge volumes of page views for the media given what I have accomplished in the valley.” He then invoked the “American Dream” and lamented the cost to his soon-to-go-public company. Silicon Valley doesn’t have an entitlement problem. Nope.

FLAPPING FANCY

The Guardian’s Roaring ’20s-themed “Feathers and Fedoras” party last Friday at the de Young Museum drew a huge crowd of vintage-lovers. Zincalo Trio performed old-time favorites and gypsy jazz, the flapper-attired Decobelles dance troupe did a mean Charleston, and the de Young’s dazzling “Georgia O’Keefe and Lake George” exhibit provided a perfect artistic backdrop.

NOW READ THESE

The 2014 Northern California Independent Book Awards were announced last week, and must-read winners include Anthony Marra’s A Constellation of Vital Phenomena (fiction), George Albon’s Fire Break (poetry), Mary Roach’s Gulp: Adventures on the Alimentary Canal (nonfiction), Amy Stewart’s The Drunken Botanist (food writing) and Al Capone Does My Homework by Gennifer Choldenko (middle-grade readers). The NCIBA winners were determined by a coalition of independent bookstores, see more at www.nciba.com

CLIPPERS OWNER RACISM

How did people react to the racist comments allegedly made by Los Angeles Clippers owner Don Sterling? Clippers players: Removed their warmup shirts in a silent protest so that Clippers team logos would not be displayed. Magic Johnson: “He shouldn’t own a team any more. And he should stand up and say, ‘I don’t want to own a team any more.'”

President Barack Obama: “When ignorant folks want to advertise their ignorance, you don’t really have to do anything, you just let ’em talk.”

Snoop Dogg (in an online video addressing Sterling directly): “Fuck you, your mama, and everything connected to you, you racist piece of shit.”

 

Will San Francisco Game of Thrones oust police commissioner?

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Police Commissioner Angela Chan did not pay fealty to the proper lords and houses, sources say, and in a true to life Game of Thrones, she may now lose her office. The throne in question is a seat on the Police Commission, which Chan may be reappointed to by the Board of Supervisors today [Tues/29], but her chances don’t look good. 

In a political tussle reminiscent of House Lannister’s schemes against House Stark, political machines far larger than the idealistic Chan are churning to keep her from regaining her political office. The forces of Chinatown community leader Rose Pak and her fellow power brokers are backing potential replacement police commissioner Victor Hwang, whose sudden candidacy took many off guard. 

As first reported by Tim Redmond of 48hills.org, Pak’s political pushers dialed every supervisor and marshalled their armies, hellbent on unseating Chan. 

They may win, but not because Chan was a bad commissioner. Actually, the problem might be that she was too effective, and now people in power want her out.

Expanding the mayor’s power

In a Rules Committee meeting Apr. 17, backers of both candidates wore their house sigils, green or white buttons meant to support their chosen candidate, both of whom are seemingly very qualified.

On the one side, Hwang is an ex-assistant district attorney, ex-public defender, ex-nonprofit attorney, and advocate with over 20 years of experience holding police to task for their wrongdoing. He’s fought human trafficking and litigated against out-of-control cops. 

But the incumbent, Chan, an attorney with the Asian Law Caucus, has many similar qualifications. She also has a proven track record on the Police Commission: she crafted the Crisis Intervention Team, tasked with de-escalating standoffs with mentally ill offenders; advocated language access in the police force; helped to revise rules protecting children at school facing arrest; and opposed arming police with tasers.

Both candidates have an extensive list of backers. District Attorney staffers, the Anti-Defamation League, advocates from the Chinatown Development Center, and Randy Shaw of the Tenderloin Housing Clinic all wrote to supervisors backing Hwang. The Guardian even named him a “local hero” in our Best of the Bay issue in 2004.

But the Coalition on Homelessness, San Francisco Women’s Political Committee, members of the Central Americans Resource Center, Board of Education President Sandra Fewer, the local NAACP, and even a retired police officer all backed Chan. The Guardian also named her a local hero, in 2010. 

A change.org petition calling for her reappointment to the commission has 255 signatures, as of this writing. 

Chan hasn’t yet given up the ghost.

“I’m hoping the full board will recognize I work extremely hard,” she told the Guardian. “I look after the community, especially those who are most marginalized.”

Though many issues have political bents and political sides, one aspect of this tussle reveals the power play behind the curtain: the two candidates are competing for one empty seat on the commission, when there are actually two seats vacant.

Why fight over just one seat? 

The answer lies in political motivations insiders would only outline for reporters on background. You see, in a city where many commissions (see: SFMTA) are fully appointed by the Mayor’s Office, and therefore beholden to his whims, the Police Commission has a mechanism to dilute that power — a minority of seats are appointed by the Board of Supervisors. The seat Chan and Hwang are fighting for is the supervisor appointed seat, and for now the mayor’s seat sits empty and uncontested.

Hwang was co-chair of Progress for All, which ran the Run, Ed, Run campaign for Lee’s mayoral candidacy. If the question was really just about making Hwang a commissioner, the mayor could appoint him today with a snap of his fingers. But that’s not the point.

Many insiders, including ones that seemingly support Hwang, told the Guardian that Mayor Ed Lee has plenty of reason to usher Chan out and appoint Hwang in her place. The SFPD long pushed for tasers but found a formidable opponent in Chan, and the mayor would benefit from police support next election, they said. Others said her combative style ruffled people’s feathers, a seemingly legitimate complaint until you consider more cooperative boards like the San Francisco Municipal Transportation Agency define “cooperative” by mostly voting in unison and with little discussion, coincidentally also often in agreement with the mayor’s positions.

Angela Chan asks an SFPD station captain if officers use verbal means to de-escalate situations. 

That’s why Chan is dangerous; she’s a freethinker, and a loud one at that. By pushing the supervisors to appoint Hwang, we were told, the mayor would unseat a potential political liability, and net a freebie commission seat appointment in the deal. 

Win-win.

This isn’t to say Hwang is a bad guy. He longs for public service (nicknaming his practice the Ronin Law Firm), and expressed disappointment in political power struggles beyond his control.

“For me it’s not about Angela, it’s about the police commission,” he told the Guardian. “To give Angela credit, I think the work she’s done on Crisis Intervention Team and language access are important issues.”

And for his part, he said that though many political entities aligned with political powerbroker Rose Pak are pushing for his appointment, he wouldn’t be beholden to her, or them.

“Are Chinatown issues important to me? Yes, they’re very important to me,” he said. “Am I going to answer to one or two folks just because of whoever they are? No. That would be putting my own 20 years of work aside to kowtow to one particular person over anyone else.”

Hwang told us Supervisor Eric Mar is asking the mayor to appoint him to the second vacant police commission seat, but if that effort isn’t successful Chan and Hwang will go head to head.

So the supervisors have a tough choice ahead of them, but for some, the decision is tougher than others.

Conflict of interest

Some of the supervisors have votes that are fair to guess at. Long time progressives like Sups. Mar, John Avalos, and David Campos are ideologically aligned with Chan, and have reason to vote in her favor. 

Chan needs six votes to be re-appointed to the commission, and some of those votes are up in the air.

Sups. Norman Yee, and Katy Tang voted to approve Chan in the Rules Committee, the first round before today’s Board of Supervisors vote. But that’s no guarantee they’ll vote for her again. 

Sup. Jane Kim has an odd conflict of interest. Ivy Lee, an attorney and one of Kim’s staffers, is Hwang’s romantic partner. The couple has three children together. He dedicated a brief he wrote for the Asian American Law Journal, “to my incredible partner Ivy Lee, who gave birth to our second son Kaiden, as I was writing the brief at the hospital.”

Is that conflict of interest grounds for Kim to recuse herself from the vote? Is it proper for her to vote to appoint her staffer’s partner to a political position? We reached out to Kim’s office but did not hear back from her before going to press. 

Board of Supervisors President David Chiu’s vote is also an open question. 

Chiu worked with Chan in 2011 to fight against the federal Secure Communities program, which as we then reported, was a database allowing the feds to circumvent local policies protecting local immigrants who have been arrested but not convicted of any crimes and deport them.

They were partners in the struggle for human rights. So will Chiu back his former ally, Chan, in her re-appointment?

We called, texted, and harangued Chiu to call us back, but did not hear from him before press time. To be fair, he’s running for the Assembly and was likely between one of his dozens of necessary appearances. He did have an aide call us back, but he was unable to give us a hint at which direction Chiu may vote in. 

Complicating his choice is a mix of allegiances. With so many former and current allies on both sides, Chiu will make someone angry no matter which potential police commissioner he votes for, insiders told us. 

And Chiu’s vote may be the deciding one. With real reform of the SFPD on the line, the stakes are higher than the fictional Game of Thrones.

Ultimately, Chiu will have to vote his conscience. 

Correction 3:28pm: The article earlier identified Ivy Lee as married to Victor Hwang. In actuality, Hwang and Lee are romantic partners who decided not to marry in direct protest of the LGBT community being denied the right to marry.

Update 6:50pm: The vote was cast, and Victor Hwang was appointed to the Police Commission in place of Angela Chan. Read our full story.

SFBG Wrap, April 16-23

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BART FINED FOR WORKERS’ DEATHS

The California Occupational Safety and Health Administration has fined Bay Area Rapid Transit for three “willful/serious” safety violations in connection with the death of two transit workers last October, saying BART is at fault due to a lack of safety measures.

“Safety standards are designed to save lives,” acting Cal/OSHA chief Juliann Sum said in a statement, “and they were not followed.”

The transit workers were killed in the final days of the BART strike. The accident claimed the lives of Christopher Sheppard, a BART manager and member of the AFSCME union, and Larry Daniels, a contractor, who had been inspecting a “dip in the rail” before they were hit by an oncoming train.

The workers were required to go through what’s called a Simple Approval process to get permission to work on the track, but the OSHA citation seized on that process as a dangerous underlying factor in the fatal accident.

“Employer’s control method, namely the ‘Simple Approval’ procedure, does not safeguard personnel working on tracks during railcar movement,” the citation reads. “The employer allowed workers to conduct work on the railway tracks where trains were traveling. The employees had no warning that a train moving at more than 65 miles-per-hour was … approaching the location where they were working.”

BART General Manager Grace Crunican quickly issued a statement. “Passenger and employee safety is our top priority at BART,” Crunican said. “BART has fundamentally upgraded its safety procedures with the implementation of an enhanced wayside safety program and a proposed budget investment of over $5 million.” She added that Cal/OSHA considered the safety violations to be “abated” in light of these changes, “meaning that none … pose continuing safety hazards.”

Simple Approval has since been terminated, BART spokesperson Alicia Trost told the Guardian. “BART permanently eliminated Simple Approval immediately following the tragic deaths,” she said. “We are also implementing the extra layers of protection for track workers.”

Notably, the two workers were killed during BART management’s attempt to train managers to operate trains during the strike, according to the National Transportation Safety Board, which continues to investigate the incident. (Joe Fitzgerald Rodriguez)

SORRY STATE OF PUBLIC HOUSING

Sup. London Breed has proposed setting aside city funding to renovate vacant and dilapidated public housing units, in an effort to quickly make housing available for homeless families in the face of a dire shortage.

At the April 15 Board of Supervisor’s meeting, Breed cited an anticipated budget surplus and called for the Controller and City Attorney to begin drafting a supplemental budgetary appropriation of $2.6 million, for renovating 172 San Francisco Housing Authority units sitting vacant.

“There are over 40 public housing developments in San Francisco, and given the decades of mismanagement and financial neglect that public housing has endured, many units are currently not available for San Franciscans to live in,” Breed said. “As we grapple with an unprecedented affordability crisis and an acute shortage of housing, particularly affordable housing, these fallow public housing units represent one of our best and cheapest opportunities to make housing available now.” Breed, who represents District 5, previously lived in San Francisco public housing.

The Housing Authority receives its funding through the federal government, but spokesperson Rose Marie Dennis said those federal dollars don’t stretch far enough for the agency to perform routine restoration of vacant units. “We have to work with the resources that we have,” she said.

According to an analysis by Budget & Legislative Analyst Harvey Rose, the city has lost $6.3 million in rent that could have been collected had its empty public housing units been occupied.

The day after Breed floated her proposal for a budgetary supplemental, tragedy struck at Sunnydale, the Housing Authority’s largest housing development, when a deadly fire claimed the lives of a 32-year-old resident and her 3-year-old son. The cause of the fire is under investigation, but a San Francisco Chronicle report noted that the Housing Authority had planned to rebuild Sunnydale for years due to its poor condition.

The following day, April 17, Mayor Ed Lee announced that emergency funding of $5.4 million had been identified through the Mayor’s Office of Housing and Community Development, to address serious deferred maintenance needs — such as busted elevators in apartment complexes where disabled seniors rely on wheelchairs and canes to get around. (Rebecca Bowe)

SUPES OUTFOX LANDLORDS

When the San Francisco Board of Supervisors gave final approval April 15 for legislation to substantially increase landlord payments to tenants in the case of Ellis Act evictions, it reflected a key change designed to counter a recent eviction push by landlords.

Winning approval on a 9-2 vote, with Sups. Mark Farrell and Katy Tang opposed, the legislation increases the current required relocation payments of $5,265 per person or $15,795 per unit (plus an additional $3,510 for those with disabilities or over age 62) up to the equivalent of two years’ rent for a comparable unit. That translates to tens of thousands of dollars.

For example, the Controller’s Office calculates that a family evicted from a two-bedroom apartment in the Mission District rented at $909 per month would be entitled to $44,833 in relocation payment.

The legislation was originally scheduled to go into effect 120 days after passage, in order to give city officials enough time to implement it. But when sponsoring Sup. David Campos heard landlords were rushing to evict tenants prior to the fee increase, he checked in with the City Attorney’s Office and other departments to see whether they could be ready sooner. After getting the green light, Campos amended the measure to go into effect 30 days after it’s enacted into law.

The question now is whether Mayor Ed Lee, who has not taken a position on the legislation, will act quickly to sign it. He was initially given 10 days to decide. Since a veto-proof majority approved the legislation, the mayor’s decision is to either grant approval or stall the inevitable, triggering more evictions at lower levels of relocation assistance. (Steven T. Jones)

POLICE TAPES BROUGHT TO LIGHT

Police radio dispatch records from March 21, the night 28-year-old Alejandro Nieto was gunned down in Bernal Heights Park by San Francisco Police Department officers, had been impossible to obtain despite requests from journalists, attorneys, and community members who had ties to Nieto.

Then, incredibly — thanks to a combination of tenacious reporting and the website Broadcastify.com — the radio dispatch audio popped up in a news report on KQED’s website.

Originally captured in real-time by a website works like an automatic police scanner and preserves all files, the recordings offer a rare, behind-the-scenes glimpse of what occurred in the moments leading up to the highly controversial officer-involved shooting.

The SFPD’s account of the incident is that officers opened fire in defense of their own lives because Nieto pointed a Taser at them, causing them to believe he was tracking them with a firearm.

But the audio files that have now surfaced reflect no mention of a suspect brandishing a weapon.

The first mention of a “221” — police code for person with a gun — is to relate a 911 caller’s description of a Latino male suspect, who has “got a gun on his hip, and is pacing back and forth on the north side of the park near a chain-linked fence.” Just before the shooting, a voice can be heard saying over the radio, “There’s a guy in a red shirt, way up the hill, walking toward you guys.” Several seconds later, another voice calmly states, “I got a guy right here.”

Twenty-six seconds after that, a person can be heard shouting, “Shots fired! Shots fired!”

“What’s very telling is that none of the people are saying, the guy had a gun, he pointed it at us,” said attorney Adante Pointer of the law office of John Burris, which is preparing to file a complaint on behalf of Nieto’s family against the SFPD. “It begs the question, did [Nieto] do what they said he did?”

“If this was a righteous shooting,” Pointer added, “then [SFPD] … shouldn’t have any fear of public scrutiny.”

Friends and supporters of Nieto have led marches to protest the shooting and set up a website for ongoing events, justice4alexnieto.org. (Rebecca Bowe)

 

Police radio dispatch from Alejandro Nieto shooting raises new questions

Police radio dispatch records from March 21, the night Alejandro Nieto was gunned down in Bernal Heights Park by San Francisco Police Department officers, had been withheld from the public, journalists, and attorneys – until San Francisco reporter Alex Emslie obtained copies of those records via Broadcastify.com and published them on KQED’s website.

The radio dispatch files offer a rare, behind-the-scenes glimpse of what occurred in the moments leading up to the officer-involved shooting, which has generated tremendous controversy in recent weeks.

Friends and supporters of Nieto have led marches to protest the shooting and are planning ongoing events to keep the pressure on. The SFPD’s account of the incident is that officers opened fire in defense of their own lives because Nieto pointed a Taser at them, causing them to believe he was tracking them with a firearm.

We’ll turn to the audio in a moment, but first, a key point. In an interview following a town hall meeting held by the San Francisco Police Department on March 25, the Bay Guardian asked Police Chief Greg Suhr: “Can you say more about the behavior that was actually reported in the 911 calls?”

Suhr responded, “The information that we had at the time was that he was behaving in an aggressive manner.”

Yet the audio files that have now surfaced reflect no mention of aggressive behavior, nor of a suspect brandishing a weapon.

Here are excerpts of the full sound file, originally posted to KQED’s website:

The first mention of the 221 – police code for person with a gun – is to relate a 911 caller’s description of a Latino male suspect, who has “got a gun on his hip, and is pacing back and forth on the north side of the park near a chain-linked fence.” The next description that comes over the dispatch radio, also apparently related from a caller who was in the park, is that “he is eating chips, or sunflower seeds.”

Several minutes later (here’s the full audio recording), officers can be heard communicating with one another after they have arrived at the park.

First, a voice reports that the “subject is walking down the hill.” Then, 39 seconds later, someone can be heard saying, “He is walking inside the park.”

Six seconds after that, someone says, “There’s a guy in a red shirt, way up the hill, walking toward you guys.”

Several seconds later, a voice calmly states, “I got a guy right here.”

Twenty-six seconds after that, a person can be heard shouting, “Shots fired! Shots fired!”

“What’s very telling is that none of the people are saying, the guy had a gun, he pointed it at us,” said attorney Adante Pointer of the Law Offices of John Burris, which is preparing to file a complaint on behalf of Nieto’s family against the SFPD. “It begs the question, did [Nieto] do what they said he did?”

Pointer added that the sound files still don’t offer a complete picture of what transpired. “There is more than one radio channel,” he pointed out, and added that his firm hopes to obtain other relevant documentation through a process of discovery, once a lawsuit has been filed.

“If this was a righteous shooting,” Pointer said, “then [SFPD] shouldn’t have any fear of being transparent. They shouldn’t have any fear of public scrutiny.”

At an April 14 press conference, Burris discussed the difficulty his office had encountered in its initial attempts to obtain recordings of police radio communications.

Guardian video by Rebecca Bowe

As it turns out, those files were indeed preserved – by a third party. Broadcastify.com, a San Antonio-based company founded by an IT professional who previously worked for IBM, broadcasts live audio transmitted by public agencies picked up by radio scanners, and maintains a publicly available database of sound files.

We attempted to reach San Francisco Police Department’s media relations team this afternoon to discuss these audio files. However, we were informed that all of the public information officers were gone for the day, and unavailable to speak with the press.

Another Google bus blockade, this time targeting a Google employee

This morning (Fri/11) kicked off with yet another Google bus blockade in San Francisco’s Mission District, only this time housing activists said a Google employee is directly to blame for displacing residents. 

The blockade, which took place at 18th and Dolores streets, was short-lived but featured speeches by tenants facing eviction, as well as a giant cardboard cut-out depicting 812 Guerrero, a seven-unit building where tenants are facing eviction under the Ellis Act.

The property owner is Jack Halprin, a lawyer who is the head of eDiscovery, Enterprise for Google. He moved into one of the units after purchasing the building two years ago and served eviction notices on Feb. 26, according to tenant Claudia Triado, a third grade teacher at Fairmount Elementary in San Francisco who lives there with her two-year-old son.

The Bay Guardian left a voice message for Halprin requesting comment. We will update this post if he returns the call.

After the bus blockade, activists proceeded to 812 Guerrero and staged a short rally on the front steps.

Evan Wolkenstein, who teaches Jewish literature at the Jewish Community High School of the Bay, said he’s lived at 812 Guerrero for eight years. Other tenants facing eviction from the property include an artist and a disabled person, he added.

During the Google bus blockade, minutes before police officers arrived to clear a path for the bus by urging protesters onto the sidewalk, Wolkenstein gave a speech about the overall impact the tech sector is having on San Francisco.

This evening, Eviction Free San Francisco will continue its protest activities with a march to the homes of teachers who are facing eviction, beginning at 20th and Dolores streets at 5pm.

Privatization of public housing

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news@sfbg.com

Like so many San Franciscans, Sabrina Carter is getting evicted.

The mother of three says that if she loses her home in the Western Addition, she’ll have nowhere to go. It’s been a tough, four-year battle against her landlord — a St. Louis-based development company called McCormack Baron — and its law firm, Bornstein & Bornstein. That’s the same law firm that gained notoriety for holding an “eviction boot camp” last November to teach landlords how to do Ellis Act evictions and sweep tenants out of rent-controlled housing.

But Carter’s story isn’t your typical Ellis eviction. Plaza East, where she lives, is a public housing project. Public housing residents throughout the country are subject to the “one-strike and you’re out” rule. If residents get one strike — any misdemeanor or felony arrest — they get an eviction notice. In Carter’s case, her 16-year-old was arrested. He was cleared of all charges — but Carter says McCormack Baron still wouldn’t accept her rent payment and wouldn’t respond to her questions.

“I was never informed of my status,” she said.

That is, until her son was arrested again, and Carter found herself going up against Bornstein & Bornstein. She agreed to sign a document stipulating that her eviction would be called off unless her son entered Plaza East property (he did). It was that or homelessness, said Carter, who also has two younger sons.

“They criminalized my son so they could evict my family,” Carter said.

McCormack Baron and Bornstein & Bornstein both declined to comment.

On March 12, Carter and a band of supporters were singing as they ascended City Hall’s grand staircase to Mayor Ed Lee’s office.

“We’re asking the mayor to call this eviction off. Another black family cannot be forced out of this city,” Lisa “Tiny” Gray-Garcia, co-founder of Poor Magazine, said at the protest.

Nearly half of San Francisco’s public housing residents are African American, according to a 2009 census from the city’s African American Out-Migration Task Force. These public housing residents represent a significant portion of San Francisco’s remaining African American population, roughly 65 percent.

Carter’s eviction was postponed, but it raises an important question: Why is a public housing resident facing off with private real estate developers and lawyers in the first place?

 

PUBLIC HOUSING, PRIVATE INTERESTS

Plaza East is one of five San Francisco public housing properties that was privatized under HOPE VI, a federal program that administers grants to demolish and rebuild physically distressed public housing.

The modernized buildings often have fewer public housing units than the ones they replaced, with private developers becoming their managers. San Francisco’s take on HOPE VI, called HOPE SF, is demolishing, rebuilding, and privatizing eight public housing sites with a similar process.

US Department Housing and Urban Development is rolling out a new program to privatize public housing. The San Francisco Housing Authority is one of 340 housing projects in the nation to be chosen for the competitive program. The city is now starting to implement the Rental Assistance Demonstration program. When it’s done, 75 percent of the city’s public housing properties will be privatized.

Under RAD, developers will team up with nonprofits and architectural firms to take over managing public housing from the Housing Authority. RAD is a federal program meant to address a nationwide crisis in public housing funding. Locally, the effort to implement the program has been spurred by the Mayor’s Office of Housing and Community Development.

MOHCD Director Olson Lee has described RAD in a report as “a game-changer for San Francisco’s public-housing residents and for [Mayor] Lee’s re-envisioning plan for public housing.” Later, Lee told us, “We have 10,000 residents in these buildings and they deserve better housing. It’s putting nearly $200 million in repairs into these buildings, which the housing authority doesn’t have. They have $5 million a year to make repairs.”

Funding is sorely needed, and this won’t be enough to address problems like the perpetually broken elevators at the 13-story Clementina Towers senior housing high-rises or SFHA’s $270 million backlog in deferred maintenance costs.

But RAD is more than a new source of cash. It will “transform public housing properties into financially sustainable real estate assets,” as SFHA literature puts it.

RAD changes the type of funding that supports public housing. Nationally, federal dollars for public housing have been drying up since the late ’70s. But a different federal subsidy, the housing choice voucher program that includes Section 8 rent subsidies, has been better funded by Congress.

Under RAD, the majority of the city’s public housing will be sustained through these voucher funds. In the process, the Housing Authority will also hand over responsibility for managing, maintaining, and effectively owning public housing to teams of developers and nonprofits. Technically, the Housing Authority will still own the public housing. But it will transfer the property through 99-year ground leases to limited partnerships established by the developers.

The RAD plan comes on the heels of an era marked by turmoil and mismanagement at the Housing Authority. The agency’s last director, Henry Alvarez, was at the center of a scandal involving alleged racial discrimination. He was fired in April 2013.

In December 2012, HUD declared SFHA “troubled,” the lowest possible classification before being placed under federal receivership. A performance audit of the agency, first submitted in April 2013 by the city’s Budget and Legislative Analyst, determined that “SFHA is expecting to have no remaining cash to pay its bills sometime between May and July of 2013.”

Six of the seven members of the Housing Authority Commission were asked to resign in February 2013, and were replaced with mayoral appointees.

Joyce Armstrong is not a member of this commission, but she sits on the dais with them at meetings, and gives official statements and comments alongside the commissioners. Armstrong is the president of the citywide Public Housing Tenants Association, and she talked about RAD at a March 27 meeting, conveying tenants’ apprehension toward the expansion of private managers in public housing.

“Staff in HOPE VI developments are very condescending,” Armstrong said. “We’re not pleased. We’re being demeaned, beat up on, and talked to in a way I don’t feel is appropriate.”

 

NONPROFITIZATION

When RAD is implemented, it won’t just be development companies interacting with public housing residents. San Francisco’s approach to RAD is unique in that it will rely heavily on nonprofit involvement. Each “development team” that is taking over at public housing projects includes a nonprofit organization. Contracts haven’t been signed yet, but the Housing Authority has announced the teams they’re negotiating with.

“We call it the nonprofitization of public housing,” said Sara Shortt, executive director of the Housing Rights Committee.

The developers are a list of the usual players in San Francisco’s affordable housing market, including the John Stewart Company, Bridge Housing Corporation, and Tenderloin Neighborhood Development Corporation.

Community-based organizations that are involved include the Mission Economic Development Agency, the Japanese American Religious Federation, Ridgepoint Nonprofit Corporation, Glide Community Housing, Bernal Heights Housing Corporation, and the Chinatown Community Development Center.

On March 13, when the Housing Authority Commission announced who would be on these teams, the meeting was packed with concerned members of the public. Two overflow rooms were set up. One group with a strong turnout was SEIU Local 1021, which represents public housing staff.

Alysabeth Alexander, vice president of politics for SEIU 1021, said that 120 workers represented by the union could be laid off as management transfers to development teams, and 80 other unionized jobs are also on the line.

“They’re talking about eliminating 200 middle-class jobs,” Alexander said.

She also noted that SEIU 1021 wasn’t made aware of the possible layoffs — it only found out because of public records requests. (Another downside of privatization is that certain information may no longer be publicly accessible.)

“We’re concerned about these jobs,” Alexander said. “But we’re also concerned about the residents.”

 

RESIDENTS’ RIGHTS

HUD protects some residents’ rights in its 200-page RAD notice. These include the right to return for residents displaced by renovations and other key protections, but rights not covered in the document — some of which were secured under the current system only after lengthy campaigns — are less clear. In particular, rights relating to house rules or screening criteria for new tenants aren’t included.

Negotiations with development teams are just beginning. Lee said tenants’ rights not included in the RAD language would be discussed as part of that process.

“It will be a function of what is best practice,” Lee said.

But developers have already expressed some ideas about public housing policies they want to tweak when they take over. At one point, the city was considering developers’ requests to divide the citywide public housing wait-list into a series of site-specific lists. Lee says that this option is no longer on the table.

But as developers’ interests interact with local, state, and federal tenant regulations, things could get messy. James Grow, deputy director of the National Housing Law Project, says that whatever standard is the most protective of residents’ rights should apply.

Still, Grow said, “There’s going to be inconsistencies and gray areas.”

Grow said that inevitably some residents’ rights will be decided “on a case-by-case basis, in litigations between the tenant and the landlord…They’ll be duking it out in court.”

This will be true nationwide, as each RAD rollout will be different. But at least in San Francisco, “Most of the tenant protections in public housing will remain,” said Shortt. “We are trying to tie up any holes locally to make sure that there is no weakening of rights.”

Grow’s and Shortt’s organizations are also involved in San Francisco’s RAD plan. The National Housing Law Project, along with the Housing Rights Committee and Enterprise Community Partners, have contracts to perform education and outreach to public housing residents and development teams.

 

UNCERTAIN FUTURE

Just how much money will go to RAD is still under negotiation. The RAD funding itself, derived from the voucher program, will surpass the $32 million the city collected last year in HUD operating subsidies. But its big bucks promise is the $180 million in tax credit equity that the privatization model is expected to bring in.

The city will also be contributing money to the program, but how much is unclear.

“The only budget I have right now is the $8 million,” Lee said, money that is going to the development teams for “pre-development.”

Lee added that funding requests would also be considered; those requests could total $30-50 million per year from the city’s housing trust fund, according to Shortt.

To access that $180 million in low-income housing tax credits, development teams will need to create limited partnerships and work with private investors. The city wants to set up an “investor pool,” a central source which would loan to every development team.

It’s a complicated patchwork of money involving many private interests, some of whom don’t have the best reputations.

Jackson Consultancy was named as a potential partner in the application for the development team that will take over management at Westbrook Apartments and Hunters Point East-West. That firm is headed by Keith Jackson, the consultant arrested in a FBI string in late March on charges of murder-for-hire in connection with the scandal that ensnared Sen. Leland Yee and Chinatown crime figure Raymond “Shrimp Boy” Chow.

Presumably, Jackson is no longer in the running, although the entire transformation is rife with uncertainties.

Residents often feel blindsided when management or rules change at public housing properties. And RAD will be one of the biggest changes in San Francisco’s public housing in at least a decade.

“People are concerned about their homes. When they take over the Housing Authority property, what’s going to happen? They keep telling us that it’s going to stay the same, nothing is going to change,” said Martha Hollins, president of the Plaza East Tenants Association.

Hollins has been part of Carter’s support network in her eviction case.

“They’re always talking about self-sufficient, be self-sufficient,” Hollins said. “How can we be self-sufficient when our children are growing up and being criminalized?”

Public housing has many complex problems that need radical solutions. But some say RAD isn’t the right one. After seeing developers gain from public housing while generational poverty persists within them, Gray-Garcia says that her organization is working with public housing residents to look into ways to give people power over their homes. They are considering suing for equity for public housing residents.

“‘These people can’t manage their own stuff and we need to do it for them.’ It’s that lie, that narrative, that is the excuse to eradicate communities of color,” Gray-Garcia said. “We want to change the conversation.”

Immigration reform protest snarls downtown SF, 23 arrested

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Today [Fri/4] at 11am, the SF Bay Coalition for Immigrant Justice held a protest and rally to urge President Obama to halt all deportations and keep his promise of comprehensive immigration reform.The protest included a group of 23 people, some of which are undocumented immigrants, which took part in a peaceful act of civil disobedience.

All 23 protesters — 15 women and eight men — were arrested; cited for failure to diperse, failure to obey a traffic officer, and blocking an intersection; and booked at the police substation in the Tenderloin before being release, according to the San Francisco Police Department.

More than 30 SFPD officers flanked the march after activists, clergy, and community organizers gathered at One Post St. and made the short but spirited walk to 120 Montgomery St., a building that houses the San Francisco Immigration Court.

Video of two of the arrests. 

Rev. Debra Lee, a United Church of Christ pastor working with Interfaith Coalition for Immigrant Rights, said, “We are here… because everyday we see people in our congregations who come to us because their family has been thrown into crisis by the federal government.”

Other clergy members who were arrested include Rev. Richard Smith of St. John Evangelist Episcopal Church, and Rabbi Mike Rothbaum, of Bend the Arc: A Jewish Partnership for Justice. “We work with with people of other faiths because part of the power of the coalition [is that] although we have different faiths, we come together around a common belief  that the migrant should be treated with dignity.” Lee told the Guardian.

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The protesters march downtown. Photo by Joe Fitzgerald Rodriguez.

Rothbaum delivered a powerful address standing atop a parked pickup truck. Rothbaum held up a black-and-white photo of members of his family being sworn in as US citizens. In the image was his aunt, a Polish Jew.  “I would like to remind President Obama that his father was a wandering man from Kenya,” he said. “That my aunt and his father are no different from the people being held in this building.”

All three clergy members were arrested for taking part in the act of civil disobedience. Others arrested include Akiko Aspillaga, a native born Filipina who came to the US at the age of 10 with a visa. But because of a mix of complications with the employment of her mother and misinformation, Aspillaga and her parents lost their visas. Nevertheless, Aspillaga is now a graduate student at San Francisco State University’s school of nursing. However, because she is undocumented, she cannot receive federal grants or loans and depends on scholarships, and her mother to pay for tuition.

Another was Reyna Maldonado, a City College of San Francisco student born in Mexico. “We are here to demand President Obama to stop deportations. There has already been 2 million deportations.” Maldonado had a picture of Alex Aldana, who is currently being held in a San Diego ICE detention center: “He is one of the people we are fighting for [in addition] to stopping separations of families.”

Even if both women are undocumented, face arrest, and a risk of being turned over to US immigration authorities, they felt the risks were worth it. “I feel like the moral imperative right now, with families being torn apart and all the pain our community… Everything is worth it,” Akiko told the Guardian, “There is a possibility of me being deported but we’re standing up for something we believe in.”

After all the speakers addressed the crowd of about 300 people, the group of 23 sat in a tight circle on a banner that read, “Deporter in Chief.” And parodied President Obama’s “Hope” campaign poster with a pair of handcuffed hands replacing the president’s picture.

Once the group of 23 blocked traffic on the intersection of Sutter and Montgomery, SFPD officers began moving people off the street and onto the sidewalks. Then, one by one, each member of the group had their hands zip-tied behind their back and loaded into one of three SFPD vans.

This protest was part of a national day of action in favor of immigration, and it precedes an even bigger mobilization tomorrow in San Jose. 

 

Photo Gallery

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Bloodshed in Bernal Heights

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rebecca@sfbg.com

On Friday morning, March 21, the day that Alejandro Nieto was shot and killed by San Francisco Police Department officers, he went to the gym with his friend Byron Pedroza. It was something they did often, Pedroza said; the two of them had signed up for gym memberships together. “He’d be like, ‘B, get up. Let’s go work out.'”

Nieto and Pedroza had met at El Toro nightclub, where Nieto worked as a security guard for nearly two years. The club, which attracts Latino clientele and hosts live performances on Mondays, has tight security: There are several guards equipped with Tasers.

“He was the type of person who’d help me a lot,” Pedroza said. “Thanks to him, I went to college,” enrolling at City College of San Francisco.

Nieto was a semester away from completing his degree in administration of justice. He was studying on scholarship, in pursuit of his goal to become a youth probation officer. Nieto drove a ’95 Chevy Caprice — an old police car, Pedroza said — and they fixed it up together.

Ramiro Del Rio, Nieto’s co-worker at El Toro, described him as punctual and considerate. He’d seen Nieto in stressful situations before, when dealing with drunk and rowdy bar patrons. “He was very calm,” Del Rio said of Nieto. “He would always want to talk to the person without using aggressive force.”

Nieto favored juice and soda instead of alcohol, he said, but after he started working out, “it was straight water.” Also, “He was Buddhist.”

 

HIS WORK TASER

Nieto had been scheduled to work that night, March 21. Instead, he was killed in Bernal Heights Park from multiple gunshot wounds inflicted by rounds fired by at least four officers. It’s unknown exactly how many bullet wounds Nieto sustained; friends said they believed at least 14 rounds had been fired.

As of March 31, the San Francisco Medical Examiner still had not released autopsy results. The officers involved had been placed on paid leave. Nieto’s community remained stunned by his sudden death, staging a march through the Mission the following weekend to protest what they viewed as an unjust use of deadly force.

According to a transcript from a 911 call placed minutes before the shooting, which Police Chief Greg Suhr read aloud during a March 25 public meeting at Leonard Flynn Elementary School held to discuss the incident, officers opened fire within three and a half minutes of arriving at Bernal Heights Park.

Police were responding to calls reporting a man “with a gun on his hip. A black handgun,” according to the call record, which Suhr read aloud. Police did not reveal the identity of the caller, but noted that the caller was not a police officer.

A neighbor who declined to be named told the Bay Guardian that shortly before the shooting, two men walking down the pedestrian pathway on the park’s north slope alerted a jogger of a man ahead with a gun on his hip. The jogger, who came within 50 feet of the man, reported noticing that he was “pacing back and forth” and “air boxing.”

The person who phoned 911 also initially reported seeing a man pacing back and forth. But minutes later, the anonymous caller reported to 911 dispatchers, “He is eating chips … but resting his hand on the gun.”

In reality, there was no gun — it was Nieto’s Taser, carried in a holster. Friends who spoke at a March 24 vigil said they believed Nieto had headed up there to eat a burrito while looking out at the city from the top of the hill, a place he often went to clear his head.

A sergeant from the Ingleside station and other police officers arrived at the scene minutes after receiving reports of a man with a gun, Suhr said at the public meeting. Police faced Nieto from a distance of about 75 feet, up a hill.

“When the officers asked him to show his hands, he drew the Taser from the holster,” Suhr said. Nieto then told police to show their hands, and pointed the Taser at the officers, Suhr told a large crowd in attendance. Due to the distance, the chief said, the officers did not see the yellow markings that would have alerted them that it was a Taser and not a gun.

“These particular Tasers, as soon as they’re drawn, they emit a dot, a red dot,” Suhr said. “When the officers saw the laser sight on them, tracking, they believed it to be a firearm, and they fired at Mr. Nieto.” Believing he had a gun, Suhr said, police “fired in defense of their own lives.” In a later interview, he confirmed that officers would not have used lethal force had they known Nieto possessed a Taser instead of a firearm.

Both Pedroza and Del Rio said Nieto had shown them his new Taser, and said it emits a red dot only when one pushes a button to turn it on. According to a Taser operating manual, the stun gun has a range of 15 feet.

Asked how many 911 calls were placed, Suhr said he did not have that information. When the Bay Guardian contacted the Department of Emergency Management to request audio from 911 calls, it was denied on the grounds that “it is part of an ongoing criminal investigation.”

 

COMMUNITY OUTRAGE

For several hours following Suhr’s explanation, friends and community members took turns at the microphone to vent outrage, frustration, and sadness over Nieto’s death. Many referenced an overarching trend of police violence directed against black and Latino youth.

Some voiced skepticism of the police account. Benjamin Bac Sierra — an English instructor at City College and friend of Nieto’s, who had once driven down Mission Street with him during a low rider parade, shouting “si se puede!” to cheering onlookers — told the Guardian, “In my heart, I do not believe that he pointed his Taser at the officers.”

At the gym, on the morning of the day Nieto died, Pedroza said, “I could tell he had a lot on his mind.” Nieto had told him it had to do with a woman he’d been seeing, a mother of three. “He was in love with her,” Pedroza said.

Yet Nieto’s relationship with Yajaira Barrera Estrada had created a conflict between him and Arthur Vega, Barrera Estrada’s three children’s father, whom Nieto had once been friends with. Public records list Vega as Barrera Estrada’s husband, and show the two living at separate addresses. It had culminated in a physical confrontation outside Barrera’s home several weeks earlier, during which Nieto allegedly stunned Vega with his Taser. Vega’s account, as described in a court filing requesting a temporary restraining order, suggests this was unprovoked; Pedroza said Nieto had believed Vega was going to harm him and might have a gun. Vega could not be reached for comment.

After that incident, Pedroza described Nieto as seeming worried and easily distracted. Pedroza believed that in the weeks leading up to the shooting, the conflict had caused Nieto to fear for his life.

Court records show that Barrera Estrada had also filed a request for a temporary restraining order against Nieto stemming from that incident, which was partially granted pending an April 11 hearing. When we reached Barrera Estrada by phone, she declined to discuss it, saying only: “Alex was an excellent person. I don’t know why the media is writing bad things about him. I don’t know why the police shot him. He was an excellent person with me.”

At the meeting, Suhr noted that Nieto was prohibited from owning a firearm due to a history of mental illness. Del Rio said he hadn’t seen evidence of this in Nieto’s behavior at the nightclub, where he spent five or six nights a week. “He never seemed crazy or mentally ill when he was working.” According to state records, Nieto obtained registration to work as a guard/patrolperson in June of 2007, which required completion of a 40-hour course.

As the crowd listened at the town hall meeting, Nieto’s father, Refugio, told Sup. David Campos that police had arrived at his home in the afternoon the day after the shooting, then questioned him about his son prior to revealing that he had been killed. Then police confiscated his car, Refugio Nieto told Campos, saying it was needed for an investigation. Then, according to Pedroza, police also went to Barrera Estrada’s residence, notified her of his death, and searched the premises.

Just before sunset on March 24, about 150 friends and community supporters gathered for a vigil in memory of Nieto. They lit candles, sang, burned incense, and conducted Buddhist chants in honor of his spiritual practice.

Sup. John Avalos said he’d known Nieto through Coleman Advocates for Children & Youth. “What we saw in Alejandro was that he had a really big heart,” Avalos said. He added, “Blood’s been shed, in this case, by people we’re supposed to trust. But … we have a lot of difficulty trusting our police, because from time to time, these things happen.”

April Fools Day in San Francisco: Acrobats block Google bus

“Everyone say, GMuni!”

Activist “Judith Hart,” clad in corporate attire and donning thick glasses without lenses, called into a microphone as she stood on the sidewalk next to a stationary Google bus. She was there as part of a tech bus blockade staged near 24th and Valencia streets this morning (Tue/1), around 9am.

“GMuni!” The crowd chanted.

“GMuni!” Hart repeated.

“GMuni!!!” Came the enthusiastic response.

Some acrobats stood in the street nearby, blocking the bus with dance-like motions. Occasionally leaning on the front of the bus for support, they lifted yoga balls high into the air while the Google shuttle remained parked with passengers aboard, awaiting departure.

The April Fools Day bus blockade – staged by Heart of the City, a group that has blocked corporate tech shuttles several times now – was more absurdist street theatre than protest.

The prank was to hand out “GMuni” bus passes to anyone wishing to board the Google bus. Hart posed as a Google executive launching a new program to provide free transit to all. But when one of the activists tried to climb aboard, waving the pass issued by the activists, the bus driver blocked him from entering, saying it was a private bus and nobody had informed him of this new program.

Eventually, a police officer arrived and asked activists to move to the sidewalk. They complied, but when the bus drove off, it had some signs affixed to the front that activists had placed there.

The street theatre protest was meant to draw attention to today’s scheduled Board of Supervisors vote to determine whether to approve an appeal of a Metropolitan Transportation Agency pilot program to allow private shuttles to stop in Muni bus zones for a fee of $1 per stop.

The Board is scheduled to vote at 3pm this afternoon. To have your say, go to San Francisco City Hall.

Poll says SF loves tech buses, doesn’t ask Spanish speakers

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San Franciscans love tech, they’re totally cool with the Google buses, and care more about job creation than the cost of living, according to a newly released poll of San Franciscans by the Bay Area Council.

But though the poll asked respondents these questions in English and Cantonese, the pollsters left out one pretty important group of people in this debate: Spanish speakers. Yes, a poll about tech buses and the tech industry, and tangentially gentrification — which is now hitting the Mission District hard — failed to ask Spanish speaking voters any questions in their native tongue.

“Considering the tech industry’s impact on the Mission district, that’s a little suspcious,” Cynthia Crews, of the League of Pissed Off Voters told us. That’s an understatement. The “Our Mission: No Eviction” protest last October turned out hundreds of Mission residents, many Latino, against the gentrification of the neighborhood (and the lax regulations of the Google buses). The first Google bus protest took place on 24th and Valencia, in the Mission district.

Assemblyman Tom Ammiano said it was especially important to include Spanish-speaking voters. “San Francisco is a very multicultural city,” he said. “Even if the [polling] results were the same,” by polling Spanish speakers, “it would be a truer picture.”

The San Francisco Municipal Transportation Agency announced a pilot program to study the use of commuter shuttles, including tech buses (known commonly as Google buses), but also shuttles from hospitals and universities. The pilot program came to a halt when a coalition of advocates filed an appeal of the pilot program under the California Environmental Quality Act, known as CEQA. Those concerns will be heard at City Hall next Tuesday. The shuttles impacted Latino populations in the Mission particularly hard, leading advocates to say question why their voices were not heard in the poll.

Rufus Jeffris, a spokesperson for the Bay Area Council, who commissioned the poll, told us they just wanted answers on how to move the conversation around tech forward. “Clearly we’re in a time of economic growth, but we want to make sure we’re focused ont he right solutions,” he said.

And the number of Spanish-speaking likely voters was not significant enough to warrant the expense of including them in that conversation, Jeffris told us.

The poll said San Francisco voters’ opinions differed from news coverage of the shuttles: “Despite what it may look like from recent media coverage, a majority of voters have a positive opinion of the shuttle buses and support allowing buses to use Muni stops.”

Of course you’ll find a lot of voters in favor of the Google buses if you fail to interview a major voting bloc of the city that actually lives near them. Latinos make up 15 percent of the city’s population, according to 2012 US Census data. But Jeffris said that may not matter.

“The universe of likely voters does not always mirror [the population],” he said. “Not everyone in the city’s population votes.” Ruth Bernstein, a principal of EMC Research, the pollsters, said the Cantonese speakers usually comprise 9 percent of likely voters.

The poll found that “Tech workers are viewed unfavorably by only a minority.” Just 17 percent of respondents were unfavorable of the tech industry to some degree, while 70 percent were favorable in some fashion. 

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An excerpt from the poll saying most San Franciscans view Google buses favorably.

 But the methodology of the poll may have been flawed regardless of who they talked to. Bernstein told the Guardian that the questions were crafted in sessions between the EMC Research and the Bay Area Council.

“We did a draft,” she said, “and then worked with the Bay Area Council until they were satisfied with what we did.”

The Bay Area Council is a noted pro-business organization, casting a particular narrative behind the questions it asks. Notably, it didn’t ask about the shuttles’ direct ties to displacement in neighborhoods. It did, however, ask many questions about the Google buses, or “shuttles.”

“All I can tell you is what we saw,” Berstein told us, of her company’s methodology. “There are certainly people not happy about [the shuttles]. The voters aren’t opposed to them, but they want regulations.” 

SEIU Local 1021 Political Director Chris Daly was more plain spoken about the business interests behind this poll. “Well it looks like Jim Wunderman seeking a paycheck!” Daly said, referring to the Bay Area Council’s CEO and President. “Get the nice folks at EMC to do a poll for you, probably costs you close to 20 grand. They’ll get a good day of press out of it tomorrow.”

But even if the poll turned out to be the same, or similar, if it included voices of Spanish speakers, Daly said it still wouldn’t get to the heart of the issue.

“Even if the public does like tech shuttles, it has no bearing on the CEQA hearing Tuesday to determine if the City followed categorical law on this ridiculous policy,” he said. “They claim [the shuttles have] no significant environmental impact. “When it comes to displacement, when it comes to air quality and cancer rates, clearly these things are having a huge impact on San Francisco’s environment.”

And though the corporate shuttles do take cars off the road, if those same shuttles displace low-income workers into the suburbs, those low-income workers will then have to drive into San Francisco for work.

The tech workers get to ditch their cars, and the low-income workers will be forced to drive. Sounds just about as equitable as this poll.

If you’d like to see the poll for yourself, we’ve embedded the slides showing the results below.

San Francisco Shuttle Survey by FitztheReporter

Unanswered question on SF housing

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Nobody has a good answer to San Francisco’s most basic housing problem: How do we build the housing that existing city residents need? It was a question the Guardian has been posing for many years, and one that I again asked a panel of journalists and housing advocates on March 14, again getting no good answers.

The question is an important one given Mayor Ed Lee’s so-called "affordability agenda" and pledge to build 30,000 new housing units, a third of them somehow affordable, by 2020. And it’s a question that led to the founding 30 years ago of Bridge Housing, the builder of affordable and supportive housing that assembled this media roundtable.

"There really isn’t one thing, there needs to be a lot of changes in a lot of areas to make it happen," was the closest that Bridge CEO Cynthia Parker came to answering the question.

One of those things is a general obligation bond measure this fall to fund affordable housing and transportation projects around the Bay Area, which Bridge and a large coalition of other partners are pushing. That would help channel some of the booming Bay Area’s wealth into its severely underfunded affordable housing and transit needs.

When I brought up other ideas from our March 12 Guardian editorial ("Lee must pay for his promises") for capturing more of the city’s wealth — such as new taxes on tech companies, a congestion pricing charge, and downtown transit assessment districts — Parker replied, "We’d be in favor of a lot of that."

Yet it’s going to take far more proactive, aggressive, and creative actions to really bridge the gap between the San Francisco Housing Element’s analysis that 60 percent of new housing should be below-market-rate and affordable to those earning 120 percent or less of the area median income, and the less than 20 percent that San Francisco is actually building and promoting through its policies. (Steven T. Jones)


No charges in CCSF protest

The two formerly jailed City College student protesters can now breathe a sigh of relief, as they learned March 19 that the District Attorney’s Office won’t be filing criminal charges against them.

Otto Pippenger, 20, and Dimitrios Philliou, 21, were detained by SFPD following a violent clash during a City College protest on March 13. Their ideological and physical fight for democracy at their school is also the subject of one of our print articles in this week’s Guardian ("Democracy for none," March 18). Philliou’s attorney confirmed to the Guardian that charges were not pursued by the District Attorney’s Office.

"The charges have been dropped for now, in terms of the criminal case," said Rachel Lederman, president of the San Francisco chapter of the National Lawyers Guild, which is representing Philliou.

But, she noted, they’re not out of the fire yet.

"The fight is not over for them," she said, "as it’s possible they’ll face school discipline."

Heidi Alletzhauser, Pippenger’s mother, told the Guardian that Vice Chancellor Faye Naples indicated the two would face some sort of disciplinary hearing, though Naples told Alletzhauser that Pippenger would not be expelled. (Joe Fitzgerald Rodriguez)


Activists cross the border

Last November, the Guardian profiled Alex Aldana, a queer immigration activist who was born in Mexico but came to Pomona, California with his mother and sister on a visa at the age of 16 ("Undocumented and unafraid," 11/12/14).

On March 18, Aldana joined a group of undocumented immigrants in a protest at the US border crossing at Otay Mesa in San Diego. Chanting together as a group, they marched over the border and presented themselves to U.S. Immigration and Customs and Border protection agents, whom they asked for asylum.

Among the immigrants who surrendered to immigration agents were women, children, and teens. Some are separated from their husbands, children, and families in the US and, like my own mother (see "They deported my mom," March 11), wish to be reunited.

The youth protesters were brought to the US earlier in childhood, but deported to Mexico after being taken into custody and detained by US Immigration and Customs Enforcement. Some would have qualified to remain under the Dream Act, but were forced to leave the country before it was signed into law.

The protesters marched toward the turnstiles that separate Mexico and the US, chanting "Yes we can," and "No human is illegal."

A few feet from the gates, the group paused to listen to a final pep talk from Aldana.

The action was captured and recorded in real time on U-Stream. About 16 minutes into the video, he can be seen addressing the crowd, fist raised. "We have nothing to lose but our chains," Aldana told the group. Then, in Spanish, he said, "Without papers," to which his fellow protesters responded, "without fear."

They made their way to the turnstiles and one by one they walked through, straight into custody of US border guards. As they crossed the border, they told a cameraperson where they hoped to go. They named cities, such as Phoenix and Tucson, and states, such as Alabama, Oregon, and North Carolina. But each one said, in English or Spanish, "we’re going home."

It was part of a series of organized border crossings by the National Immigrant Youth Alliance, to highlight the experiences of young people who lived for years in the United States but were deported due to their immigration status. In Aldana’s case, he traveled to Mexico voluntarily, due to a family emergency. (Francisco Alvarado)


Oakland settles with injured Occupier

Iraq War veteran and injured Occupy Oakland protester Scott Olsen, 26, won a settlement of $4.5 million from the city of Oakland in a federal lawsuit, his attorneys announced March 21.

At the tail end of a thousands-strong 2011 Occupy Oakland protest, an Oakland Police Department officer fired a beanbag directly into Olsen’s head, causing serious and lasting brain injury. His attorney, Rachel Lederman, said that was why the payout was so high.

"His bones were shattered, part of his brain was destroyed," she told the Guardian. "He’d been working as a computer system network administrator. He’s not going back to that kind of work, and it compensates him for his wage loss for his lifetime."

But in the end, she said, "No amount of money can put his head back together." (Joe Fitzgerald Rodriguez)


Guardian seeks columnists

The Bay Guardian is looking for a pair of new freelance writers to do separate monthly columns covering the technology industry and economic/social justice issues. The two new columns would go into a rotation we’re tentatively calling Soul of the City, along with Jason Henderson’s Street Fight column and a new environmental column by News Editor Rebecca Bowe that we’ll debut in our Earth Day issue.

For the technology column, we want someone with a deep understanding of this industry, its economic and personality drivers, and the role it could and should play in the civic life of San Francisco and nearby communities. We aren’t looking for gadget reviews or TechCrunch-style evangelizing or fetishizing of the tech sector, but someone with an illuminating, populist perspective that appeals to a broad base of Guardian readers.

The other column, on economic and social justice issues, would cover everything from housing rights to labor to police accountability issues, with an eye toward how San Francisco can maintain its diversity and cultural vibrancy. We want someone steeped in Bay Area political activism and advocacy, but with an independent streak and fearless desire to speak truth to power.

We strongly encourage candidates of color, young people, and those representing communities that need a stronger voice in the local political discourse to apply.

If you’re interested, please sent your qualifications and concepts, along with one sample column and ideas for future columns, to Editor-in-Chief Steven T. Jones at steve@sfbg.com. Help us escalate this fight for the soul of the city by adding your voice to the Guardian’s mix.