San Francisco Chronicle

The Lowell lessons

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EDITORIAL When someone — quite possibly a faculty member or administrator — poured pink paint on a gay teacher’s computer at Lowell High School and left a racist, homophobic note, the administration tried to keep it quiet. Teachers say they were told not to discuss the hate crime with students. Other than a tiny notice in the San Francisco Chronicle — and whatever rumors may have been swirling around campus — the students at the city’s premier public high school had no idea what was going on.
That was terrible judgment on the part of the interim principal, Amy Hansen. When this sort of thing happens on a school campus — particularly a school like Lowell in a city like San Francisco — the administration should immediately go public, make an announcement to faculty, students, parents, and the larger school community, arrange for discussions in smaller groups, and make it clear that intolerance won’t be tolerated.
Instead, the incident was allowed to fester — until the student paper, the Lowell, defied administration wishes and did a story.
The report was fair and accurate, and it gave everyone on campus some insight into what had happened.
The hate crime report was one of several scoops that got the students in hot water this year. Earlier, a Lowell reporter had learned the identity of a student who slashed a teacher’s tires and reported why the student did it — but refused to reveal the offender’s name to the administration. Reporters, the student journos said, are not agents of the police, and they have every legal and ethical right to protect confidential sources.
Hansen was unhappy about those stories (and several others) and required the Lowell’s staffers to meet with her while she expounded on ethics. Fortunately, neither the Lowell staff nor their faculty advisers backed down an inch.
There are two important lessons here. The first is that student journalists have the same rights as professionals and that school administrators ought to respect those rights and not try to intimidate the campus press.
The other is that student newspapers are an essential part of any high school community.
In the past few years, with money short all over, the San Francisco Unified School District has taken a lackadaisical attitude toward campus papers. Today only eight of the city’s 21 high schools have active papers. The hate crime incident at Lowell demonstrates exactly why that’s unacceptable.
Student papers are obviously a wonderful teaching tool. They get kids to think about writing in a different way; they open up opportunities and stimulate debate. But they also serve a community purpose: the students know (often better than anyone else) what’s really going on in a high school and with proper support and guidance can hold administrators and teachers accountable, prevent the spread of misinformation and rumor, and make the school a better place.
Student papers don’t have to be expensive items. Printing isn’t free, but with a bit of prodding, we suspect the dailies in town might be willing to do the work at a steep discount. And Web publishing is practically free. Giving one teacher the time to serve as an adviser isn’t going to break anyone’s budget.
The school board ought to establish a policy that every local high school have a functioning campus newspaper — and ought to tell the administrators to refrain from trying to censor the student press.

Judge slams daily-paper monopoly

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It’s rare to see a federal judge slap down two of the nation’s biggest media corporations, accuse them in effect of lying and declare that their intentions are illegal. That’s what Susan Illston did Nov. 28 in a ruling that barred Hearst Corporation and Dean Singleton’s Media News Group from combining sales and business operations in Northern California.
It’s a stunning legal document: The judge exposes in some detail the plans of the two big companies to collaborate with each other on sales and distribution, undermining any pretense that there will be real competition in the Bay Area daily newspaper market.
The ruling came as part of a lawsuit by real-estate investor Clint Reilly, who is doing as a citizen what the state and federal justice departments have refused to do. He’s challenging the right of Singleton and Hearst to create a regional daily paper monopoly.
Reilly sued to block Singleton from buying the San Jose Mercury News, the Contra Costa Times, the Monterey Herald and some 30 other smaller papers, a move that would give the Denver media magnate a virtual monopoly on daily newspapers in the region. (Singleton already owns the Oakland Tribune and the Marin Independent Journal). Singleton’s lawyers argue that the deal isn’t actually eliminating competition, since the San Francisco Chronicle, owned by the Hearst Corporation, is still a major competitor. And in fact, in part of the basis of that argument, Illston rejected Reilly’s original attempts to put the deal on hold.
But there’s a strange aspect to the sale: Hearst put up $300 million to help finance the buyout, and in exchange was slated to get stock in some of Singleton’s properties outside of California. Reilly found that fishy, but at first, the judge disagreed.
But over the past few months, as Reilly’s lawyer, Joe Alioto, has sifted through a huge pile of discovery material, a key piece of evidence has come to light. It turns out that Hearst and Singleton quietly had a plan going to sell ads together and to combine their Bay Area distribution operations. In other words, the ostensible competitors were really going into business together.
“”The Hearst Corporation and Media News Group Inc. agree that they shall negotiate in good faith agreements to offer national advertising and internet sales for the San Francisco Bay Area newspapers on a joint basis,” an internal letter that Alioto uncovered states. The April 26, 2006 letter, from Hearst Senior Vice President James Asher to Joseph J. Ludovic IV, president of Media News, also states that the companies will work to “consolidate the San Francisco Bay Area distribution networks of such newspapers.”
That sort of arrangement is very similar to the joint operating agreements that were popular in the 1970s and 1980s. Under JOAs, two competing daily papers would combine their business functions while operating separate newsrooms. It was immensely profitable for the JOS publishers – and horrible for readers and advertisers. Without any ecnomic inventive to compete, the papers gave up on their duties as watchdogs of the public trust. The San Francisco Chronicle and Examiner operated under a JOA for many years.
The letter, Illson wrote, “casts doubt on the Court’s earlier finding that the San Francisco Chronicle is a strong source of competition for [Singleton’s] newspapers.” She added that the arrangements “appear inconsistent with the notion [cited by Hearst’s lawyers] that … Hearst ‘is specifically not going to be involved in [Singelton’s] Bay Area newspaper properties.’” That’s legalese for saying that the giant newspaper barons at the very least misled the court.
In fact, Illston states that she “is not wholly convinced that the arrangement now described by defendants would be legal.” The point: advertisers seeking to buy space in a Bay Area daily paper might wind up with having exactly one choice – the combined Singleton-Hearst operation – a situation that would violate antitrust laws.
“Such agreements, the mere existence of the letter, and the cooperation between Hearst and Media News they reflect, increase the likelihood that the transactions at issue here were anti-competitive and illegal,” Illson wrote.
In open court, Alioto argued that the Hearst-Singleton side deal was the lynchpin that made the entire complex purchase deal possible. That would mean that from the start, officials from Hearst and Singleton had agreed to join forced and end daily competition in the Bay Area.
Illston didn’t toss out the entire Singleton deal, ruling that if Reilly succeeds in proving the deal illegal, it can be undone later. But she did issue a restraining order blocking the parties from entering into any of the joint operations that were described in the April 26 letter.
The amazing thing about all of this is that it came to light only because Reilly was willing to put up his own money to take on the case. The U.S. Justice Department was happily allowing it to sail forward. California Attorney General Bill Lockyer had done nothing to toss even a pebble in the path of the merger steamroller. That’s not just terrible public policy – it’s embarrassing. With this new evidence now available, Lockyer and the feds should immediately go into court and join with Reilly to seek a permanent injunction against the entire deal and to force Singleton to divest some of his properties so that some semblance of competition will exist in the local daily newspaper market.
The ruling raises a troubling question: What’s in all of the other secret documents are out there? What other plots and plans were the newspaper owners hatching? We don’t know – because the publishers, who love to describe themselves as staunch supporters of open government, have demanded that every piece of paper in the case be kept under court seal. That’s wrong: The papers certainly can’t claim that competitive trade secrets are at issue, since they clearly had no intention of competing. So why the secrecy? Judge Illston should lift the seal and open all of the records in this case to the public.

PS: The mighty U.S. Justice Department can lock 24-year-old Josh Wolf in prison for standing up to his First Amendment rights, but can’t seem to lift a finger against big newspaper publishers. Lovely.

EDITOR’S NOTES

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› tredmond@sfbg.com
Like far too many liberals, I spend far too much time listing to NPR, which can lead to a special kind of brain rot: I once actually sat through an hour-long program on Mormon folk songs that included a long, upbeat, and respectful ode to Brigham Young “and his five and 40 wives.” Jesus, that’s a lot of wives.
But there are things I love, and Science Friday is one of them. While I was fighting the traffic on my way back from a friend’s house in Healdsburg last week, I heard a fascinating interview with Michael Pollan, the UC Berkeley journalism professor who’s written a series of New York Times articles and now a book on how truly weird food production is in the United States in 2006.
Of course, everyone was digesting a big Thanksgiving dinner, and Pollan wasted no time getting to his thesis: if we are what we eat, then most of us are a mixture of corn and petrochemicals.
He’s got evidence of this too: he has a friend in the biology department at Berkeley who ran a bunch of samples of fingernail and hair clippings from students and learned that much of the carbon that makes up the basic organic structure of a lot of human bodies can be traced back to one Midwestern grain and some fossil fuels.
The cow or turkey or pig you ate was fed with corn. The sugar in the salad dressing came from corn. The calories in the sodas the kids were drinking came from corn. And the corn came in part from ammonium nitrate fertilizer, which came from petroleum.
The point of all of this is that America has created a monocrop food system (well, duocrop — a lot of the animal protein that we eat comes from soybeans). That’s not healthy for a long list of ecological reasons — and it’s really bad for the economy.
The thing is, very little of what we eat comes from anywhere near where we live. Iowa, one of the most agriculturally productive parts of the world, imports almost all of its food these days. The corn grown in the state is shipped to giant centralized animal feedlots, which ship meat elsewhere.
I mention all of this, which is hardly news to a lot of people, because it plays into something that’s going on the first week in December in San Francisco. Dec. 4 through 10 is Shop Local First Week, which sounds kind of like small-town-Chamber-of-Commerce-boosterish stuff (and indeed, Mayor Gavin Newsom, who clearly isn’t paying attention, has formally endorsed it), but there’s a lot more behind this. The Business Alliance for Local Living Economies, which sponsors the event, actually has a fairly radical economic platform emphasizing how local merchants — and not big chain stores and other out-of-town corporations — benefit local economies. In the food world, that means buying stuff grown somewhere near you (not hard around here). In the arena of holiday shopping (and consumer behavior in general), it means patronizing locally owned outfits — and not giving your dollars to the chains.
Our main news story this week (see “The Morning After,” page 18) illustrates well how big chain owners operate: the combine owned by Dean Singleton, which now controls almost all the big papers in the Bay Area, is laying off journalists and (maybe) outsourcing jobs to India. The San Francisco Chronicle is outsourcing its printing, killing the local press operators union.
And the money all leaves town. SFBG

Newsom should comply with Prop. I

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OPINION Much has been said about Mayor Gavin Newsom’s stunning defeat at the ballot Nov. 7. Newsom’s slate of endorsements went down in flames — from supervisorial candidates Rob Black and Doug Chan to the contenders he hoped would take control of the school board to a host of progressive ballot propositions, including worker sick leave and relocation assistance for evicted tenants. Every incumbent supervisor was also reelected, indicating an overall approval level of the Board of Supervisor’s performance. And the voters took a further unprecedented step with the passage of Proposition I, which asked the mayor to appear before the board in person once a month to discuss city policy. The voters sent a clear message that they want the mayor to work with the supervisors rather than against them.
Will Newsom respect the mandate and comply with Prop. I? It’s anyone’s guess right now. The measure is not legally binding, and he vehemently opposed it. Here are five reasons why Newsom should comply with Prop. I:
1. The voters asked him to. Newsom claims to care about the will of the voters. He cited the “will of the voters” as his basis for vetoing a six-month trial of car-free space in Golden Gate Park — even though a trial has never been voted on. Will he respect the voters this time?
2. The status quo is not working. The homicide rate, traffic deaths, and Muni service have gotten worse every year under the Newsom administration. Commissioners aren’t being appointed on time, police reform is off track, promised low-income housing is delayed, all bicycle improvements are on hold, and our roads are falling apart. Popular public events such as the North Beach Jazz Fest are under attack by a city government that can’t keep Halloween revelers safe. Meanwhile, the mayor focuses on political damage control related to his apparent loss of the 49ers in 2012 and the Olympics in 2016.
3. Newsom consistently opposes ideas coming from the Board of Supervisors but doesn’t seem to have any of his own. The homicide rate is at an all-time high and keeps getting worse. But Newsom has opposed every significant measure proposed by the supervisors, including funding for homicide prevention and assistance for victims’ families via Proposition A, as well as police foot patrols. Fare hikes and service cuts haven’t solved Muni’s problems, but Newsom sided with the local Republican Party in opposing Proposition E, which would have provided much-needed funding for Muni through an incremental increase in the car parking tax.
4. Newsom has been missing in action too long. The mayor spent almost the full first three years of his four-year term fundraising around the country to pay off his 2003 campaign debts. This busy fundraising schedule, combined with the demands of his relentless PR machine, has sent the mayor chasing photo ops in China; Italy; Washington, DC; Los Angeles; Chicago; New York; and a host of other places. The majority of the voters are now siding with progressives, the Guardian, and even the San Francisco Chronicle in asking “Where is the mayor?”
5. The voters asked him to. Really, that should be enough. No? SFBG
Ted Strawser
Ted Strawser is the founder of the SF Party Party.

The morning after

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› gwschulz@sfbg.com
The plight of newspapers is a popular news story these days, from a late-August cover package in the Economist (“Who Killed the Newspaper?”) to National Public Radio’s On the Media last week (“Best of Times, Worst of Times”).
It’s usually told as the story of an industry on its deathbed, bleeding from self-inflicted wounds and those delivered by Wall Street, Main Street, Craigslist, and the blogger’s laptop. Ad revenues have nose-dived in recent years. Circulation is down nationwide. Journalism scandals and shortcomings have damaged the whole profession’s credibility.
And staff newspaper blogs alone won’t be enough to bring a new generation of tech-savvy Americans back to hard-copy publications that even smell stodgy and old.
Yet the bottom line is still the bottom line. The truth of the matter is that many publicly traded newspaper companies have healthy profit margins ranging between 15 and 20 percent. But the tendency of the doom and gloom business press to sensationalize bad news may actually make things easier for William “Lean” Dean Singleton, the cost-cutting king of Denver-based MediaNews Group, which recently announced a round of staff reductions at its Bay Area newspapers. The cuts came amid claims of a massive dip in ad income just a few months after Singleton promised that his company’s buyout of local newspapers wouldn’t diminish the quality or quantity of journalism here.
“Given continued declines in revenue, we need to reduce expenses significantly, and thus have no alternative but to implement a reduction in [the] work force,” George Riggs, who was recently appointed to lead the company’s Northern California operations, told employees in a memo Oct. 20. Several such memos have now been posted on the Internet.
If this is how quickly the news biz can turn ugly, it’s a wonder MediaNews was attracted to print journalism in the first place. Who knows what newspapers around here will look like in another few months? How much fat can they trim before they start hitting bone?
They aren’t just cutting staff. The Bay Area’s newspaper establishment is now outsourcing work to circumvent those pesky labor unions. The press operators’ union at the San Francisco Chronicle — which was the sole union holdout against management’s demand for expanded control and decreased benefits — could disappear in three years as a result of a new printing contract with a Canadian company. MediaNews recently announced plans to outsource ad production positions to India.
Consolidation already has amounted to fewer reporters covering individual stories that are distributed to several publications, including at least one story about the latest layoffs. That means fewer editorial perspectives on key public policies (and possibly fewer editorial positions) for readers in a market that’s notorious for its high intellectual demand and robust political participation.
Only an ongoing federal Justice Department investigation and a civil lawsuit threaten to slow down big changes going on at the Bay Area dailies. A federal judge ruled just before deadline in real estate mogul Clint Reilly’s antitrust claim against the Hearst Corp., publisher of the Chronicle, and MediaNews that for now, at least, the two could not combine circulation and advertising operations to save money.
The companies had secured a court order sealing key records unearthed during discovery, including depositions and exhibits, citing the right to protect confidential trade secrets. It’s an ironic move for a group of papers that have regularly sued government agencies for public records and made a great show of their First Amendment pieties.
Federal Judge Susan Illston on Nov. 28 blocked the two companies from merging some advertising and distribution operations, a consolidation she said was probably illegal under antitrust laws. And she sounded her concern that Hearst isn’t the “passive equity investor” it had represented itself in court to be. She also revealed the contents of letters written in March and April by company executives: “Hearst and MediaNews will enter into agreements to offer national advertising and internet advertising sales for their Bay Area newspapers on a joint basis, and to consolidate the Bay Area distribution networks of such newspapers, all on mutually satisfactory terms and conditions, and in each case subject to any limitation required to ensure compliance with applicable law.” (For more extensive information on the ruling and related coverage, see www.sfbg.com.)
For those who regard newspapers as more of a public trust than an engine for deep profits, the future is starting to look a bit unsettling.
When Singleton expanded his control over the Bay Area threefold last summer, he temporarily quelled some discontent by assuring skeptics that there were no planned changes in staffing and salaries as a result of the transactions.
“We’re looking forward to doing a lot of good things here in Northern California,” Singleton told San Jose Mercury News staffers, according to the paper’s story on the buyout.
But employees at the papers still had every reason to be nervous about Singleton’s $1 billion takeover of the Contra Costa Times, the Mercury News, and other papers from the Sacramento-based McClatchy Co.
MediaNews already owned the Oakland Tribune, the San Mateo County Times, and the Marin Independent Journal among others in California before it carved excess properties out of McClatchy, which had grown too large following its purchase of the Knight Ridder chain earlier this year.
The purchases allowed Singleton to seize almost complete control of 14 metropolitan and suburban media markets. The only remaining daily print competitor in the Bay Area was the Chronicle and its parent company, the Hearst Corp., which subsequently purchased $300 million in MediaNews stock, a deal the feds are still investigating. When the transaction with Hearst was finalized, top executives at MediaNews were collectively awarded about $2 million in bonuses.
Some profiles of Singleton have depicted him as a good old-fashioned newspaper journalist, but knowing his cost-cutting reputation, only a fool would assume there were no plans to consolidate major operating functions to save money regardless of any promises made. Singleton has always been more about business than news.
Clustered ownership and shared management were prominent features of the company that MediaNews presented to investors at a Deutsche Bank “Global High Yield” conference in October. An April letter that reappeared in federal court last week during a hearing in Reilly’s suit confirmed that MediaNews and Hearst hoped to shed costs by possibly combining circulation and advertising operations.
Layoffs are also a big part of Singleton’s MO. Respected but tough Contra Costa Times editor Chris Lopez was let go in October because he’d become “redundant,” according to a memo company executive John Armstrong sent to employees.
“That came as a shock to a lot of people in the newsroom,” one source at the paper told the Guardian. Known for handing cash rewards out of his wallet to reporters who nailed concise stories for the front page, Lopez had attempted to play down Singleton’s reputation when the purchases were announced. Lopez had been at the paper for more than six years and had helped earn Singleton a Pulitzer Prize during a six-year stint at the company’s flagship Denver Post, received for its coverage of the Columbine shootings.
“In better times, we might have found a way to ignore an extra position or two or even three,” Armstrong wrote in the memo.
Lopez insisted to the Guardian in a phone interview that he had proposed his own termination to ease anticipated cuts elsewhere.
“My layoff from the paper was not unexpected,” Lopez said. “It caught the staff off guard, but I saw it coming. I made the recommendation. I was trying to save some jobs in the newsroom.”
The loss of an experienced editor may have saved some jobs … for now. But maybe not for long. Reporters have been asked to summarize their beats for managers to determine how they can cover single subjects for a number of papers. The idea seems to be maximizing staff output rather than ensuring broad coverage of the communities.
A story about Lopez’s departure written by a Times reporter also appeared on the Merc’s Web site. MediaNews is also looking into multimedia deals with local TV stations and arming reporters with cameras for podcasts, one source told us.
Armstrong told the Guardian in a phone interview that opinion columnists, for instance, could still cover the same stories. “But we had found some situations where reporters were sent to the same events like Oakland [Raiders] away games.” He said offering buyouts to staffers has been “successful,” but it wasn’t enough to stem declining revenue, triggering the need for “involuntary” layoffs.
All of this may make sense from a strictly economic perspective. After all, doing more with less is a widely accepted imperative for profit-driven corporations. But there is a public price that will be paid for this reality: Bay Area citizens will get less original reporting and fewer perspectives on the news.
A former senior staffer at a major Bay Area daily wrote an open missive outlining recent major stories covered by fewer reporters: “Three months after MediaNews Group added two major Knight Ridder dailies to its far-flung Northern California newspaper group, news coverage is well on its way to being homogenized in this formerly competitive market.”
The observation is borne out by a Guardian survey of three major MediaNews papers. Out of 10 top recent cultural and political stories in the Bay Area, nine were covered by the same reporter, who wrote the same article for all three papers. (For details, visit www.sfbg.com.)
Under the recent layoff announcement, the Merc could lose up to 101 employees, half from its newsroom, while more than 100 business-side positions will be reportedly moved to a new, nonunionized San Ramon office of the California Newspapers Partnership (CNP), a consortium of companies including Gannet Co. and Stephens Group that helped MediaNews fund its recent purchases. The centralized San Ramon space could continue to fill up with employees from the business side of the papers who have been forced to reapply for their jobs under the CNP corporate moniker. They would presumably fall out from under union protection.
The company’s Peninsula and East Bay papers saw cuts across their operations from Walnut Creek to San Mateo. Armstrong told the Times the layoffs were “broad but not deep.” East Bay Express writer Robert Gammon, a former Tribune reporter and union organizer, revealed in early November that MediaNews planned to leave behind the Tribune’s historic downtown tower and move many of its staffers to the San Ramon office. News-side functions could be moved to a cheaper spot across from the Oakland Coliseum.
“The question is how do we continue to put out a paper people want to read if we continue to cut further?” Luther Jackson, executive officer for the San Jose Newspaper Guild, which represents almost 500 workers at the Merc, asked the Guardian. “I have a concern that when newspapers face increased competition for advertising, why are we cutting service? Does it work for readers? Does it work for advertisers?”
The Bay Area isn’t alone. In the complex transactions that took place over the summer, Hearst bought the St. Paul Pioneer Press from McClatchy and shifted it to MediaNews in exchange for stock in the company. At the Pi Press, as it’s known in Minnesota, 40 positions were cut in November. A MediaNews paper in Los Angeles, the Daily News, recently axed its publisher and 20 other workers.
MediaNews enraged union workers at the Merc when it offered them a contract during September negotiations that was unlike anything they’d seen at the paper before. The company has since toned down some of its harsher demands but asserted that if a tentative agreement were accepted by Nov. 30, the Merc might see fewer layoffs, Jackson told the Guardian.
The proposal would grant management the right to modify insurance coverage without telling the union, freeze the paper’s pension plan and replace it with a 401(k), and change the types of work that could be assigned to nonunion employees. It would also allow the paper to hire new workers at “market-rate” salaries, which means their pay increases could be capped at lower rates.
The company may choose to simply not replace costly veterans who are retiring or accepting buyouts, meaning cub reporters could find themselves with fewer seasoned mentors around to help teach them government and private sector watchdogging.
The guild foresees losing nearly 200 members if the full number of layoffs and worker transfers are carried out. And many guild members fear it may also mean the beginning of the end of newspapers as we know them.
Corporations have the right to see to their bottom lines. But communities and individuals also have a right to the fruits that independent, competitive journalism bestows. And that’s the right being asserted now in civil court by Clint Reilly.
While federal and state investigators have largely been idling, Reilly sued Hearst, MediaNews, and its other business partners last summer. He asked Judge Illston to temporarily halt the transactions until the trial begins in his antitrust claim against the companies. She denied Reilly’s initial request for a preliminary injunction, in part because the Hearst investment had not been officially inked, even though the trial isn’t expected to start until this spring.
In her opinion, however, she suggested parts of the deal were troubling and has not ruled out forcing MediaNews to give up some of its newly acquired assets. Earlier this month Reilly’s attorney, Joe Alioto, again asked the judge for an injunction. The renewed appeal was inspired in part by the recently announced job cuts.
The plaintiffs are arguing Hearst and MediaNews previously withheld a letter from the court that the two companies had signed agreeing to discuss the possibility of combining some circulation and advertising functions to save money. In his request Alioto told the judge the companies were “rapidly consolidating, commingling, and irrevocably altering their San Francisco Bay Area newspapers so as to frustrate this Court’s ability to provide an effective remedy for their antitrust violations.”
During a tense hearing last week on the matter, Alioto asked that top Hearst and MediaNews executives be ordered to testify immediately. He suggested Hearst’s board of directors would never have agreed to invest $300 million in MediaNews if it couldn’t also merge distribution and ad sales with its competitor.
“I don’t think there is any doubt that they intend to end up with newspapers that are very different than they are today,” Alioto said. He wants any such discussions stopped by the court, adding, “We believe they intend to wipe out the possibility of any of these papers to remain freestanding. These papers will not be the same within a very short amount of time.”
Hearst attorney Daniel Wall angrily fired back that no one was trying to deceive the court with a price-fixing agreement and that the companies were merely discussing the possibility of “pro-competition collaboration,” which Wall described as a business partnership lawfully permitted by the Justice Department. He disclosed that the Chronicle was bleeding millions of dollars annually, partially because of lost revenue to the Web, and exclaimed that drastic cost reductions were necessary to keep the paper alive.
“These are tough times for newspapers, and they need to take cost out of the system,” Wall told the judge. “They need to find new revenue streams.”
Hearst has already faced something akin to all of this before. Reilly sued it in 2000 when the company bought the Chron and attempted to nix competition by shutting down its long-held San Francisco Examiner. Reilly didn’t block the deal, but the Justice Department forced Hearst to keep open the reliably conservative Examiner, today owned by another Denver-based company.
This week Illston ruled that Hearst and MediaNews must temporarily stop any agreements to combine advertising sales and distribution networks until Dec. 6, when she’ll decide whether to extend her prohibition on merging business operations.
Reilly has emerged over the last decade as a serious pain for corporate media executives and unshakable critic of concentrated newspaper ownership in the Bay Area. His most recent lawsuit charges that the Hearst and MediaNews partnership would dilute fair competition and limit alternatives for both readers and advertisers.
“They started the blood flow with the firings,” Alioto told reporters after the hearing. “We think when they’re done with this they’re going to have entirely different newspapers.”
Recent job losses don’t stop at just MediaNews. The Chronicle is getting in on the action too.
Divisive contract negotiations between the Chronicle and the Web Pressman and Prepress Workers Union Local 4 over the last two years ended recently when the union “reluctantly approved” an agreement, union treasurer Paul Kolter told us. The union was the last holdout at the paper to accept drastically reduced workers’ rights.
By successfully pushing its will on the unions, Hearst has virtually ensured that the press operators won’t pose much of a threat to the company anymore, because around the same time it signed a $1 billion outsourcing deal with the Canadian printing company Transcontinental.
The union’s new contract is up in about three years, and there are no assurances Local 4 will have any workers in the new plant Transcontinental has promised to build. That could mean the end of its relationship with the Chronicle and about 225 workers from the paper that it represents.
The previous contract ended in the summer of 2005, and under the paper’s new publisher, Frank “Darth” Vega, management called for drastic cuts in salaries and benefits. The two groups spent several intervening months battling over the proposed changes.
In July, Vega prepared the paper for a strike, issuing a memo that outlined exactly how to keep the paper operating throughout a work stoppage, and hired a notorious security firm that specializes in handling labor disputes.
The union points out that while the Chronicle complains of massive financial bloodletting, its parent company, Hearst, has somehow scraped together enough money for a brand-new $500 million office building in midtown Manhattan, the construction of which was completed over the summer. The company also sold the sprawling 82,000-acre ranch that surrounds Hearst Castle to the state early last year for nearly $100 million. It was once home to the notoriously belligerent and imperialistic newspaper magnate William Randolph Hearst.
Union members say there are wide ramifications to what’s happening here. In July the World Association of Newspapers published a report describing how more news services globally, including the New York Times, were outsourcing major tasks, even news reporting, to save money.
“There are a lot of labor unions that have an interest in what is happening with us,” Local 4 organizer and press operator Bruce Carlton told members at a meeting in late October. “If this flies, it will be a blueprint on how to break unions. We will be sent back into the ’30s.”
The mood is dark for many employees working under MediaNews and Hearst. The scrappy feel and hard-driving reportage of the CoCo Times under Lopez and Knight Ridder are believed by some to be at risk following the purchases. “No one thinks we’re going to be a better newspaper because of this,” one source at the paper told us.
In another memo MediaNews executive Armstrong wrote to Bay Area staffers last week, he stated that the company, in fact, predicted its “advertising revenue challenges.”
“We have no additional job reductions planned due to economic conditions, but we cannot guarantee that additional reductions might not be necessary in the future,” he wrote. “Our job level is dependent on our revenue performance.”
The memo also shows that the company plans to sell an office in Danville and two parking lots in downtown Oakland.
News accounts depicted third-quarter earnings for MediaNews based on Securities and Exchange Commission filings as a windfall profit caused by its purchases of the Times and the Merc. But the company’s ad revenue and circulation are actually down a few percentage points, and it made $16 million from the July sale of an office building in Long Beach, which offsets a simple analysis of its financial standing.
It’s still a company that topped $1 billion in revenue last year, a figure that has increased steadily since 2002, but Singleton has never feared doing business with loads of debt on the books, which he’s always used to fuel new purchases. For the Bay Area papers, MediaNews took on a $350 million bank loan in August.
MediaNews has still managed to take recent dire economic forecasts to a fever pitch despite its confidently large debt burden, enabling the company to implement a business model that’s hardly new for Singleton. He knows how to make money. Interestingly, for an industry that’s supposedly on the ropes, several billionaires (who didn’t become wealthy by investing poorly) have in the last few weeks publicly expressed interest in purchasing some of the nation’s largest dailies.
The Boston Globe noted earlier this month that rock industry tycoon David Geffen and grocery chain investor Ron Burkle were considering a bid for the Tribune Co., which owns the Los Angeles Times. That paper recently endured a major shakeup when a top editor was fired for refusing to execute job cuts demanded by the company. Former General Electric CEO Jack Welch has considered a run for the Globe, and more buyout rumors have floated around the Baltimore Sun and the Hartford Courant. Such deals could signal a fundamental shift in how newspapers are regarded with respect to their newsgathering responsibilities.
“Geffen has reportedly told associates that he’d be happy with returns comparable to the 3 or 4 percent he might get from municipal bonds,” the Globe wrote. Others have discussed turning individual newspapers into nonprofits.
But Singleton probably isn’t going anywhere, and a lot of people are going to have to learn how to get along with him around here, Texas drawl and all, unless the feds shut down his party.
Knight Ridder was a respected newspaper chain before investors grew restless and demanded greater short-term profit margins. It was sold earlier this year to McClatchy (begrudgingly for some top execs and Pulitzer-wielding journalists who openly fought with Knight Ridder’s financial backers prior to the sale). Knight Ridder posted a profit margin of nearly 20 percent in 2004.
Employees of the chain wrote a chilling open letter shortly before it was sold: “Knight Ridder is not merely a public company. It is a public trust. It must balance corporate profitability with civic purpose. We oppose those who would cripple the purpose by coercing more profit. We abhor those for whom good business is insufficient and excellent journalism is irrelevant.” SFBG

‘Pro-competition collaboration’

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By G.W. Schulz

Real estate mogul Clint Reilly’s attempt to stop a major media buyout involving MediaNews and the Hearst Corp. turned a corner earlier this week when Reilly’s attorney, Joe Alioto, asked a federal judge for a temporary restraining order to stop certain business activities taking place at both companies that could change the dimensions of the Bay Area newspaper establishment.

Alioto fears that if changes at several of the local daily papers become too significant, no decision made during trial could turn them back, including recently announced job cuts at the papers. The judge has yet to rule, but a decision will likely to be handed down by Monday.

The hearing on Thursday devolved at times into a heated exchange between Alioto and the Hearst attorney, Daniel Wall. Alioto says an April letter confirms that Hearst and MediaNews have been discussing the possibility of combining some circulation and ad functions. Wall fired back that the San Francisco Chronicle is bleeding millions of dollars annually and the only way to save it is to reduce costs through “pro-competition collaboration.”

More on this soon.

49ers aren’t worth public money

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EDITORIAL The prospect of the San Francisco 49ers moving to Santa Clara — and taking with them any hope of a 2016 Olympic bid for San Francisco — caught the Newsom administration off guard and has much of City Hall scrambling to figure out a way to keep the fabled sports franchise in San Francisco. It’s not a futile effort by any means: the deal to build a new stadium in Santa Clara still has a long way to go, and there are some very real issues (including the phenomenal parking and traffic problems and the utter lack of accessible transit).
But city officials need to keep a sense of perspective here: the loss of the Olympics was almost certainly a good thing, and the loss of the 49ers wouldn’t be the end of the world. So there’s no reason to even start to talk about handing out promises of more public money, tax breaks, or favorable land deals to keep the Niners in town.
We’ve never been terribly hot on the idea of hosting the Olympics. The last time the issue came up, with a possible bid for the 2012 games, we noted that cities hosting the Olympics tend to wind up with huge public debt and that the costs (typically including gentrification and displacement) aren’t worth the gains. Our articles infuriated local sports leaders, but we’re not the only ones raising questions these days. San Francisco Chronicle columnist Gwen Knapp, in an insightful Nov. 16 piece, suggested that the city might want to thank 49ers owner John York: “He might have saved San Francisco from a vanity project that often leaves ugly blemishes on a community’s bottom line.”
San Francisco is one of the world’s great cities, an international tourist destination, a place that’s already on everyone’s map. We don’t need the Olympics.
We may not need the 49ers either. That’s what Glenn Dickey, Examiner sports columnist, argued Nov. 14. Football teams, with a limited number of home games, bring very little to a local economy — and this is hardly a city that needs the name recognition of a National Football League franchise. “Mayor Gavin Newsom should spend his time on more critical priorities,” Dickey noted.
Of course, if the 49ers leave, something has to be done with the park formerly known as Candlestick — a white elephant that cost the city tens of millions of dollars in bonds. But almost any sort of new development there would do more for the neighborhood than a stadium filled by people who drive in, bring their own food, drive away, and spend almost no money at local businesses.
The San Francisco Giants managed to build a new stadium almost entirely with private money, and it’s been a huge financial success. The city shouldn’t be tempted to throw big chunks of public money at keeping the 49ers from moving. SFBG

STOP THE PRESSES: And now the word from Montreal is that “Transcontinental signs l5-year deal to print Hearst Corporation’s San Francisco Chronicle.” Does this mean ever more branch office journalism?

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Is this the wave of the future? Will our big local news come via Montreal and New York? And will the Hearst and Singleton papers become even more branch offices of corporate headquarters in Montreal, New York, and Denver? Is Hearst so contemptuous of its San Francisco paper that it releases major Hearst stories in New York and Montreal before it appears in the Hearst paper or on its website in San Francisco?
B3 and the Guardian, a locally owned newspaper safely situated at the bottom of Potrero Hill in San Francisco and not planning to go anywhere

PRESS RELEASE: The Hearst Corporation
TRANSCONTINENTAL SIGNS 15-YEAR DEAL TO PRINT HEARST CORPORATION’S SAN FRANCISCO CHRONICLE

SF Chronicle to Outsource All of Its Printing, reports Editor and Publisher Magazine. Will those “competitive” Hearst and Singleton papers cover the monopoly story and its impact on San Francisco and the Bay Area?

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By Bruce B. Brugmann

Well, after checking page the Daily Digest on page 2 of the San Francisco Chronicle business section (where I sometimes find a spot of Hearst/Singleton news), I found the monopoly story of the day in an online Editor and Publisher story out of New York, sent via Chain Links, the online publication of the Newspaper Guild.

It was another jolly tip of the iceberg of what is happening to the chains that dominate the newspaper business. The head: “SF Chronicle to OUtsource All of its Printing.” The lead: “NEW YORK: Hearst Corp. has signed a l5-year contract with Transcontinental to print the San Francisco Chronicle and its related products as well as provide post press services.” Second paragraph: “Production is slated to start in spring 2009 in a new plant based in the San Francisco Bay Area.” Third paragraph: “Transcontinental is a Montreal-based company that prints several newspaper in Canada like the Montreal daily La Presse a well as the New York Times for the Ontario and upstate New York markets?” Montreal? In Canada?

The terse six paragraph story yet again raises some key questions about the impacts of regional Hearst/Singleton monopoly: Wil the “competitive” Hearst and Singleton papers properly cover the story and its impacts for readers and advertisers and the public interest in the Bay Area?

For example, does this mean the end of union contracts for the pressmen? What does Hearst plan to do with its existing press equipment and press facilities? Fourth paragraph: “The new facililty is expected to surpass $l billion in total revenue over the l5-year period.” One billion? And just why is that money suddenly going to a company in Montreal, Canada, at the same time that Hearst revenues are going to Hearst headquarters in New York? What’s left for San Francisco?

There are already reports that Singleton (and other newspapers) are outsourcing advertising material to India. And there are reports amongst Singleton staffers that copy editing may be next. And then….City Hall reporting?
Again: Will Hearst and the “competitive” Singleton papers tell us what they are really up to? Or will it have to come from depositions and discovery in the Clint Reilly/Joe Alioto antitrust suit? We will do our best to follow the story at the Guardian and the Bruce blog. Meanwhile, I urge you to sign up for ChainLinks and follow the news from the Galloping Conglomerati. Some recent ChainLinks stories below: B3

‘SF Chronicle’ to Outsource All of Its Printing By E&P Staff

MediaNews profits up on acquisitions By Will Shanley
Denver Post Staff Writer

ChainLINKS. Scroll to the bottom of the website to join the e-mail list

Journalists need to fight back

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EDITORIAL At the annual awards dinner Nov. 9 of the Northern California Society of Professional Journalists, the mood was somber. One of the winners of the Journalist of the Year award, Josh Wolf, was behind bars for refusing to give unpublished material to the authorities. Two others, Lance Williams and Mark Fainaru-Wada of the San Francisco Chronicle, were only free pending appeal of a judge’s order that they go to jail unless they reveal the names of confidential sources.
On the eve of the dinner, the editor of the Los Angeles Times, Dean Baquet, had been fired for refusing to go along with drastic newsroom job cuts ordered by an out-of-town corporate headquarters. The event’s keynote speaker, Jerry Roberts, had been forced to leave his job as editor of the Santa Barbara News-Press after the multimillionaire publisher demanded that basic news reporting be squelched.
The buzz around the room was that more layoffs were coming at the Contra Costa Times and San Jose Mercury News, papers just recently purchased by Dean Singleton, who now owns every major daily in the Bay Area except for the San Francisco Chronicle (which is owned by Hearst, one of his business partners). And indeed, the CoCo Times announced the day after the dinner that it had cut jobs across the board and was outsourcing some production work to a firm with facilities in India.
Linda Jue, the president of the SPJ chapter, made a point in her opening remarks about the need for journalists to take a more active stance, to fight against the assault on freedom of the press and journalistic standards that’s happening across the country. She had exactly the right point — and local and national journalism groups need to wake up and start paying attention.
These are particularly ugly times — the amount of government secrecy, particularly at the federal level, is almost unprecedented. But there’s something else just as bad going on: consolidation of media ownership is destroying the profession of journalism. And that’s something that groups made of working journalists have to start addressing.
There are all sorts of ways to get started. The SPJ, both local and national, ought to formally request the federal Justice Department to overturn the deal that gave Singleton hegemony over the Bay Area market and should press for a full investigation into Hearst’s role in the deal. These organizations (including the big unions that represent newspaper workers) ought to be working with the likes of Media Alliance in demanding that the Federal Communications Commission tighten the rules on ownership of broadcast media. Publicly traded companies that own newspapers should face organized shareholder-resolution campaigns opposing debilitating newsroom cuts. They should look at ways to support San Francisco investor Clint Reilly in his lawsuit against the Singleton deal and should at the very least issue statements on it. They should send regular delegations to see Wolf in jail and should press Rep. Nancy Pelosi to demand a federal shield law — an end to the federalizaton of law enforcement investigations (which can land people like Wolf in jail).
Sure, the Internet is changing the face of the media industry, and there are all kinds of other challenges — but in the end, no matter what the publishing platform, there will always be a need in a democratic society for qualified professional reporters and editors. And those of us in that line of work need to stand up to make sure that big media chains demanding obscene corporate profits don’t suck the life out of American journalism. SFBG

San Francisco Values

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By Steven T. Jones

Our colleagues at the San Francisco Chronicle flogged the phrase “San Francisco values” in the runup to this election, exploring its meaning in two front page stories and an editorial. But when you compare the paper’s endorsements to how San Franciscans actually voted on Tuesday, it becomes clear that the Chronicle doesn’t subscribe to San Francisco values. Actually, they’ve adopted something closer to Walnut Creek values as they strive to be a paper of and for the suburbs of our great city.

Two drug execs escape jail … for now

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By G.W. Schulz

Two former executives at the San Francisco-based McKesson Corp. escaped prison sentences by the skin of their teeth late last week in this ongoing era of blind fury over corporate corruption. And McKesson’s former blue suits have the indecisiveness of just one juror out of 12 to thank.

The two were acquitted on one count of securities fraud stemming from a $9 billion accounting scandal, but a mistrial was declared after the jury deadlocked 11-1 on three of the remaining counts. Four other executives were previously convicted in a scheme by which the company allegedly overstated revenue to the tune of $300 million during its merger with an Atlanta-based outfit called HBO & Co.

McKesson is one of the nation’s largest prescription-drug wholesalers with revenue of $88 billion annually. It’s current CEO, John Hammergren, makes more each year than even the head of Bay Area-based ChevronTexaco.

One juror told the Associated Press that the rebel holdout “got to the point where he didn’t want to be talked to anymore.” U.S. Attorney Kevin Ryan’s office is determining whether to retry, which could still land the two men, Charles McCall and Jay Lapine, in jail for 10 years each.

The Guardian reported in late October that McKesson is in no small amount of trouble these days. The company, along with the New York-based Hearst Corp., which owns the San Francisco Chronicle, was charged by a group of unions in a civil suit filed in a Boston federal court last year of conspiring to inflate drug prices. Hearst owns a drug info publishing company based in San Bruno called First DataBank. The suit alleges that the effort caused consumers to overpay $7 billion for prescription drugs between 2001 and 2005. First DataBank has since settled, as we reported, but McKesson is still a major target of the lawsuit.

Big Pharma is nearly as profitable as Big Oil these days. The state of California pays out over $3 billion each year for prescription drugs through programs that benefit children and the indigent, while Santa Clara County alone — as a smaller-scale example — pays out nearly $35 million. (Santa Clara County sued a bunch of manufacturers and wholesalers a couple of years ago for allegedly rigging prices, but the case was recently tossed out of federal court in San Francisco.)

Defense attorneys for the former McKesson execs are calling last week’s ruling a victory, but Wall Street didn’t appear to see it that way. Value of the company’s shares dropped by nearly a half following announcement of the news to $35. The company quickly informed the business press just a few days later of its $1.1 billion purchase of Georgia-based Per-Se Technologies and just as soon recovered $15 per share of the drop. Guess corporate ethics don’t have to be much of a pain in the monetary ass after all.

Links (NOT TO PUBLISH)

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San Francisco Bay Guardian : Home Page
… BY AMANDA WITHERELL Rob Strange Project Censored

Bruce B3: The Santa Rosa Press Democrat/New York Times “censors” the annual Project Censored story.

Bruce B3: The Santa Rosa Press Democrat/New York Times: still no answers on why…

Bruce B3: The new media offensive for the Iraq War. Why the Santa Rosa Press Democrat/New York Times…

U.S. MEDIA CENSORSHIP / CONTROL

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‘SF Chronicle’ to Outsource All of Its Printing By E&P Staff
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ChainLINKS. Scroll to the bottom of the website to join the e-mail list

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PRESS RELEASE: The Hearst Corporation
TRANSCONTINENTAL SIGNS 15-YEAR DEAL TO PRINT HEARST CORPORATION’S SAN FRANCISCO CHRONICLE

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The New Media Offensive for the Iraq War by Norman Solomon

B3,
You`ll be pleased to hear we run our endorsements in a sidebar on the cover monday in addition to longer editorials in the weeks leading up to the election.
Bruce Mitchell
Publisher
The Athens NEWS
(740) 594-8219

The Wall Street Journal
Justice Department Press Release
A tough pill to swallow by G.W. Schulz

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Nov. 7
Culture war at LA Weekly: A former sales staffer speaks out…

Governor Hummer

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› steve@sfbg.com
If there is a single symbol of American wastefulness, military fetishism, and willful ignorance about what it means to be heating up the planet at the end of the age of oil, it is the Hummer. And if there is one American who is most closely associated with the Hummer, it is Gov. Arnold Schwarzenegger.
So why, in a state whose voters consistently rank environmentalism as one of their most important concerns, is Governor Hummer considered such a lock for reelection? And why haven’t the mainstream media made more of Schwarzenegger’s stubborn refusal to give up the four Hummers he still owns?
For that matter, why is the press overlooking his opposition to Proposition 87 (which would tax oil companies to support research of alternative fuels) and tacit support of Proposition 90 (which would make environmental protection far more costly for governments), both positions on close races that are at odds with environmental groups? Is he really that good an actor?
The visceral response that Hummers elicit from true environmentalists is perhaps best captured on the Web site www.fuh2.com, which has posted thousands of pictures of people flipping off Hummers, what it refers to as “the official Hummer H2 salute.”
The H2 is the slightly less offensive version of the original Hummer, a 10,000-pound monster adapted from the Humvee military vehicle that gets about 10 miles per gallon. The high cost and negative stigma attached to the original Hummer eventually caused sales to lag, and General Motors stopped making them earlier this year.
Schwarzenegger was the first private citizen to own a Hummer, back in 1992, reportedly encouraged American Motors (which GM later bought) to produce them for civilian use, and at one time owned at least seven of them.
Environmentalists have been chiding Schwarzenegger for years to set a good example and get rid of his Hummers, but he has only thrown them a couple of bones: he had GM develop one hydrogen-powered Hummer (at a cost of millions of dollars) and has publicly mused about converting one of his four Hummers to biodiesel, a project he hasn’t yet begun.
At one point Schwarzenegger was rumored to have given up his Hummers. But Schwarzenegger spokesperson Darrell Ng told the Guardian the governor still owns four Hummers, which are now in storage while he drives state vehicles, and that he has no plans to get rid of them. Environmentalists say it is a missed opportunity at a critical juncture in the world’s relationship with oil.
“He could say, ‘I was part of the commercialization of these vehicles, and it was a mistake,’” Bill Allayaud, state legislative director for the Sierra Club, told us. “He could have a press conference and have one of his Hummers crushed or blown up, say these were the products of another era, and it would be a very important symbolic gesture.”
We talked to Allayaud just after Schwarzenegger was elected three years ago, and he was “cautiously optimistic” that the governor would protect the environment. Initially, Allayaud was disappointed: “He vetoed a lot of good bills in those first few years.”
Now, after the governor signed landmark legislation to cut back on greenhouse gas emissions and a few other bills that the Sierra Club supported and made a couple of good appointments to regulatory agencies, Allayaud said, “I feel like we’re right back where we were in 2003, like he might be OK … but what do we get in the second term? It’s anybody’s guess.”
After all, every environmental bill Schwarzenegger signed was someone else’s idea, Allayaud said, and many had to be significantly weakened to gain his support. Schwarzenegger also enraged environmentalists and some lawmakers two weeks after signing the global warming measure by issuing an executive order that seemed to weaken its enforcement provisions.
Schwarzenegger starts to sound like an environmentalist only around election time, his critics say, indicating where he really stands. And so does his choice of vehicles.
“It’s a window into the real Schwarzenegger,” Dan Newman, the spokesperson for challenger Phil Angelides, told us. “It exposes the governor as a complete and utter fraud. Someone with seven Hummers pretending to be an environmentalist is akin to Attila the Hun claiming to be a pacifist.”
Others say “the real Schwarzenegger” is reflected in his positions on Props. 87 and 90.
“It’s a neck and neck race, and the oil companies are pouring unprecedented sums against us, $80 million so far [a figure that had risen to more than $90 million by press time],” said Yusef Robb, communications director for the Yes on 87 campaign. As for Governor Hummer, Robb was critical but diplomatic (noting that Schwarzenegger wasn’t actively campaigning against 87), telling us, “Personally, we think it’s an unfortunate choice of vehicles.”
The Schwarzenegger campaign says he would like to see oil companies pay for alternative energy development, but the measure violates his “no new taxes” pledge.
“The governor is opposed to tax increases. Personally, he opposes the initiative, but he strongly supports its goals,” Schwarzenegger campaign spokesperson Julie Soderlund said.
Apparently, such vague statements of support for good environmental policies are enough for the many daily newspapers that have endorsed him, including the San Francisco Chronicle and San Francisco Examiner. But Chronicle staffers did ask about the Hummers at his endorsement interview, and the paper was apparently satisfied with his answer: “As far as my Hummers are concerned, they are very safely stored in some warehouse garage. I have not had an opportunity to drive them, but I don’t think they are polluting the air or ocean sitting in the garage.”
Allayaud said he prefers to focus on indicators with more direct impact, such as the fact that Schwarzenegger’s best annual rating by the California League of Conservation Voters (the 58 percent he received last year; this year he got a 50 percent) was worse than former Gov. Gray Davis’s worst annual rating (72 percent) — and on Schwarzenegger’s stance on Prop. 90.
“If this is close and we lose it,” Allayaud said of the measure, “it’ll be another thing that he didn’t do.” SFBG

Late breaking news: Just as this story was going to press, Schwarzenegger finally came out with a statement opposing Prop. 90, something he resisted doing until a week before election day when many absentee ballots have already been turned in.

The Prop. 90 money trail

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Prop. 90’s moneyed backers are battle-scarred veterans of an ongoing movement across the United States to foist right-wing ballot measures onto voters at the state level using gobs of money from a handful of enormously wealthy libertarian ideologues.
The largest contributors have links to the infamous anti-tax zealot Grover Norquist who once famously vowed to cut government in half and “get it down to the size where we can drown it in the bathtub.”
As of late September, the pro-Prop. 90 Protect Our Homes Coalition had spent $3.4 million on its campaign, most of the expenditures covering campaign literature, phone banks and petition circulators. Nearly half of the money — $1.5 million — came from a group known as the Fund for Democracy, which was founded by a wealthy New York libertarian activist and real-estate investor named Howie Rich. The advocacy group has bankrolled anti-government ballot measures across the United States including a handful aimed at capping annual spending for state governments.
That effort began in Colorado with the so-called Taxpayer’s Bill of Rights, a voter insurrection similar to California’s Proposition 13. Colorado’s TABOR, as it’s also known, allows for the state’s government to generate revenue equal only to the previous year’s budget plus the inflation rate. TABOR so badly crippled Colorado after it was passed in 1992 that it left the state’s health care and education infrastructures gasping for air, and Colorado voters temporarily put it on hold last year as a result. But that didn’t slow down Rich and others, who attempted to introduce TABOR-like initiatives elsewhere.
The other large contribution of $1 million to the Prop. 90 campaign came from the Illinois-based Americans for Limited Government. ALG helped fund an attempt to impose revenue caps on Oklahoma lawmakers last year, but that was shot down after a company hired by the group Oklahomans in Action to gather signatures was caught illegally bussing in petition circulators from out of state.
So far, Protect Our Homes has spent a whopping $1.8 million just to circulate petitions in California and tens of thousands more on campaign consultants, according to state records.
Large contributions to Protect Our Homes also came from the ALG-supported group Montanans in Action ($600,000), the Illinois-based and pro-TABOR Club for Growth State Action ($220,000) and Colorado at its Best ($50,000). Most of the large contributors have some sort of link to Howie Rich. The San Francisco Chronicle concluded early last month that some of Rich’s political groups have received money from Norquist in the past.
Advocacy groups are legally permitted to spend as much as they like on ballot initiatives in California.

The Daly Show

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By Sarah Phelan

In the past few months, I’ve attended numerous city hall meetings in which Sup, Chris Daly vigorously pushed for more police foot patrols. Also sitting through those meetings were reporters from the San Francisco Chronicle, who witnessed Daly pushing Police Chief Heather Fong to implement the program that residents of Daly’s district and other violence-plagued areas of the city, are literally begging for. They also watched as Daly questioned whether the police department’s request for more funding was premature, something that the city’s budget analyst recently concluded was in fact true.
So it was disappointing, if not surprising, to watch the Chron repeat the B.S. about Daly’s supposed attempts to block funding for the police
And it was disappointing, if not surprising to hear Daly’s challenger Rob Black make similar claims, while on the phone to the Guardian answering questions about his connections to lobbyist and political mastermind Jim Sutton and his clients PG&E.
Black spewed the statistic that “30 percent of crime takes place in Daly’s district,” then claimed that Daly had done nothing about it, including repeating the lie that, “Chris Daly talks about the need for beat officers, but isn’t willing to put the money there.”
That statement simply isn’t true, as city watchers all know, so it was a relief to see BeyondChron take the Chron to task for its incessant peddling of misinformation, which apparently is their way of trying to influence the elections. Maybe there is hope, after all, that lies won’t trump the truth this fall.

Steel Will

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Inspired by Tad Friend’s 2003 New Yorker article “Jumpers,” filmmaker Eric Steel spent 2004 shooting the Golden Gate Bridge — intentionally capturing the plunges launched from the world’s most popular suicide spot. The resulting doc, The Bridge, studies mental illness by filling in the life stories of the deceased through interviews with friends and family members. After playing to packed houses at this year’s San Francisco International Film Festival, The Bridge opens for a theatrical run in the city that’s perhaps most sensitive to its controversial subject matter. I spoke with Steel during the New Yorker’s early October visit to San Francisco.
SFBG: When you contacted the families, did they know that you had footage of their loved ones committing suicide?
ERIC STEEL: The families didn’t know, for the same reason that the Golden Gate Bridge authority didn’t know. My biggest fear was that word would get out about what we were doing and someone that wasn’t thinking clearly would see it as an opportunity to immortalize themselves on film. My original plan was — when we finished shooting at the bridge, and when I’d completed all the interviews — that I was then gonna tell the families that I had the footage and review it with them if they wanted to see it. But in January of 2005, I went to the bridge authority and said, “I have all this footage, and I have these interviews with the families. I want to interview you, the highway patrolmen, and the people who came into contact with these people before they died.” They went to the San Francisco Chronicle and suddenly it was all over the front page. I spoke to most of the families that I’d already interviewed and explained, “You have to believe that I’m a sensitive person. We’re all doing this in order to save lives and not to exploit people.” Almost all of them felt that way, but [some] didn’t. Also, there were families that I had not yet contacted. Some said, “We don’t want to have anything to do with you,” but others said, “We think you’re doing this for the right reasons.”
SFBG: There aren’t any officials interviewed in the film. Why did they refuse to participate?
ES: I think it would be very hard for them to respond to some of the issues that we raise. We could easily have used interviews in the film that we didn’t, that were much more damning, of what the highway patrolmen and the bridge people did and didn’t do. There’s one man, the crystal meth addict — we called the bridge as soon as we saw him climb over. It took them four and a half minutes to [reach him]. From where my crew was sitting, I could have run to that spot faster than they got there.
SFBG: How many calls like that did you make?
ES: We probably called 20 times during the year. We didn’t call so much that they thought we were crying wolf. But for us, it was simple: as soon as someone made a move to climb up onto the rail, we made a phone call.
SFBG: Was there ever a point when you thought, “I’m filming people jump. Should I be doing this?”
ES: Because we had already determined that if we could intervene, we would, and that would be the priority, it didn’t feel like we were waiting to film them dying. We were out there because we knew it was coming. With 24 [suicides in an average year], it was like every 15 days you would expect someone to die. If 10 days had gone by and there hadn’t been an incident on the bridge, I know the [camera crew] who was working the next day got increasingly anxious. But not a day went by when you didn’t think you were watching somebody who might be preparing to die.
SFBG: Did you ever consider acknowledging your role within the context of the film, maybe via narration?
ES: I really wanted to be invisible, in a way. For me, there was something strange about explaining too much. I thought it would let the audience off the hook a little bit too easily.
SFBG: Have you been drawn into the debate over the suicide barrier?
ES: I believe that it’s ridiculous that they don’t have a barrier. At the same time, I recognize that the barrier’s really the final moment where you can make a difference. The lives stretch back in time, and there are all sorts of moments where people could have intervened. If we had a better health care system, better mental health services, we wouldn’t be in the same position. The burden is on the bridge to put up a barrier, but it’s also on all of us to take more responsibility for the people who need our help. (Cheryl Eddy)
THE BRIDGE
Opens Fri/27 in Bay Area theaters
See Movie Clock at www.sfbg.com
www.thebridge-themovie.com

Red-tape bandage

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By G.W. Schulz

Both the Los Angeles Times and the San Francisco Chronicle ran large stories last week on problems in the workers’ comp system since Schwarzenegger so proudly initiated reforms two years ago as part of a major recall campaign promise.

In fact, the pendulum has swung startlingly fast in the other direction away from what was viewed as a bloated system that encouraged excess and fraud. My computer’s operating very slowly this week, otherwise I’d post the links. You’ll have to find them yourself. The reporters are Marc Lifsher at the Times and Tom Abate at the Chron.

A tough pill to swallow

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The furor over escautf8g prescription drug prices has inspired dozens of state investigations and civil lawsuits in recent years across the United States, most of them targeting manufacturers.
But another factor in the increases quietly surfaced Oct. 6 in a Boston federal courthouse. Two major Bay Area companies were accused in court documents of infutf8g the cost of prescription drugs to the tune of an estimated $7 billion between 2001 and 2005.
The Wall Street Journal first reported in early October that a drug data publishing company based in San Bruno called First DataBank had reached a settlement with a group of unions in Massachusetts and Pennsylvania over how the company gathered and presented prices in the pharmaceutical catalog that it’s maintained for years.
First DataBank is a subsidiary of the New York–based media empire Hearst Corp., owner of the San Francisco Chronicle, Esquire, and dozens of other publications across the country. Another company still being targeted by the plaintiffs is the San Francisco–based drug wholesaler McKesson Corp., which earned $88 billion in revenue last year and is ranked 16th among Fortune 500 companies.
First DataBank’s price listings play an enormous role in determining what Americans pay for medications. When you receive a bottle of antibiotics to treat an infection, for instance, your private health insurer or state Medicaid program (known as Medi-Cal here) will refer to First DataBank’s listed drug prices as a benchmark to determine what it’ll pay the pharmacy as a reimbursement. That means if the benchmark goes up, so too can your insurance premiums and the cost to state governments.
The settlement, according to federal records, forces First DataBank to adjust the formula it uses to determine those prices. An economist hired by the plaintiffs testified that the savings in 2007 alone for consumers could amount to a staggering $4 billion. First DataBank has also agreed to cease publishing the prices in their drug guides within two years.
Physicians, hospitals, pharmacists, and all manner of other health care professionals pay First DataBank a subscription rate for access to a digital clearinghouse of information on drug dosages and allergies, among other things.
More importantly, First DataBank publishes what’s known as an “average wholesale price” for more than 290,000 pharmaceuticals. There are three major drug wholesalers in the United States, including McKesson, that buy drugs directly from manufacturers and then mark up the price before selling the drugs to pharmacies. The average wholesale price — widely used around the country to determine what pharmacies will get as a reimbursement — is supposed to be a reasonable reflection of what the pharmacies pay the wholesalers for drugs.
First DataBank claimed to survey these wholesalers to come up with an average price that includes the markup, which it then lists in its drug-pricing database. But in recent years, the Journal reported, such surveys have been few and far between, and sometime around 2002, First DataBank inexplicably froze the markup at 25 percent, even though the prices pharmacies were actually paying fluctuated dramatically due to competition.
Citing testimony from one employee, the Journal notes that First DataBank began surveying only one company to come up with its average: McKesson. The cost to pharmacies still varied, but McKesson had reportedly standardized its markups on paper at 25 percent. That meant insurers and state health care administrators relying on First DataBank were making reimbursements that translated to higher profits for the pharmacies.
The employee’s testimony and documents in the case indicated that McKesson knew exactly what was happening. What remained unclear at press time was why First DataBank would choose to survey only McKesson or how it might have benefited from the decision.
The Journal notes the pharmacies were the only ones that stood to profit from the standardized markups, not McKesson directly. But internal McKesson e-mails show the company not only was aware of its impact on First DataBank’s published figures but hoped pharmacies would see McKesson working in their best interests — a marketing scheme, if you will.
An e-mail from one McKesson product manager gleefully exclaims that the profit for pharmacies dispensing a bottle of the cholesterol drug Lipitor leaped from $6.86 to $17.18.
First DataBank admitted no wrongdoing and is not paying money to the plaintiffs of the Boston settlement. The company was founded in 1977, and Hearst purchased it in 1980. Federal records show that in 1998, Hearst bought a $38 million company that owned one of First DataBank’s only real competitors, Medi-Span.
A later investigation by the Federal Trade Commission revealed that Hearst had failed to turn over key documents to the Justice Department’s antitrust division during the sale. As a result the feds slapped Hearst with a $4 million fine in 2001, at that time the largest premerger antitrust penalty in US history. The FTC also belatedly concluded that Hearst’s ownership of Medi-Span gave it a monopoly over the drug database market and not only required that Hearst give up Medi-Span but forced the company to disgorge $19 million in profits generated from the acquisition.
Hearst spokesperson Paul Luthringer directed us to a bare-bones statement when the Guardian called with questions about the Boston suit. “The allegations made in these actions have raised concerns with respect to the integrity of the pricing information that is provided to First DataBank for purposes of publishing [the average wholesale price],” the release states. “In light of these concerns, First DataBank has determined to make certain changes in its drug pricing reporting practices.”
Climbing drug costs can’t be attributed mainly to First DataBank or McKesson, of course. In fact, recent investigations and civil suits spearheaded to find out why prices have skyrocketed have focused on the manufacturers. During those inquiries First DataBank has been hit with dozens of subpoenas nationwide requesting company records and testimony, according to San Mateo Superior Court records. Many of those cases are still ongoing.
Attorneys for the plaintiffs in Boston who made McKesson and First DataBank defendants in the summer of 2005 declined to comment. McKesson also has remained tight-lipped since the Journal story was published. Spokesperson James Larkin said the company would not answer questions beyond a prepared statement.
“If First DataBank decided to survey McKesson only, it did so without telling McKesson,” the statement reads. “In fact, First DataBank has affirmed in an earlier lawsuit involving other parties that it never told McKesson that at times McKesson was the only wholesaler being surveyed.” SFBG
Here are links to key documents, including federal court records of the Oct. 6 Boston settlement with the Hearst-owned First DataBank (www.hagens-berman.com/first_data_bank_settlement.htm), the Justice Department’s antitrust fine of Hearst in 200l (www.usdoj.gov/atr/cases/indx330.htm), and the Federal Trade Commission decision requiring Hearst to give up its monopolistic subsidiary, Medi-Span (www.ftc.gov/bc/healthcare/antitrust/commissionactions.htm).

The first 40

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

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

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


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

Tidal (public) power

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EDITORIAL Mayor Gavin Newsom, perhaps looking for a big issue to bring to a star-studded environmental meeting in New York City last week, suddenly discovered the value of tidal energy. There’s actually nothing new about the idea: although Newsom didn’t give anyone but himself credit, the plan was first floated by Matt Gonzalez in the 2003 mayor’s race. It was picked up by Supervisors Jake McGoldrick and Ross Mirkarimi and has been on the agenda at Mirkarimi’s Local Area Formation Committee (LAFCo) for more than a year.
But whatever — if the mayor’s on board, fine. There’s a tremendous amount of potential in the concept — huge amounts of renewable energy with little significant environmental impact (and no greenhouse gases). The technology appears to be available, and there’s every reason for the city to move forward rapidly — as long as the power generator is owned, operated, and totally controlled by the city. And that’s not at all guaranteed.
A pilot project would cost about $10 million — peanuts compared to the revenue potential but a chunk of change nonetheless. Newsom, who is looking for state money, is also considering the possibility of seeking private-sector partnerships. And one company that has its greedy eye on the potential energy in the ocean tides is Pacific Gas and Electric.
PG&E is trying desperately to buff up its tarnished image, spending millions on slick ads promoting itself as a green company. It’s crap: among other things, PG&E still operates a nightmare of a nuclear plant on an earthquake fault in San Luis Obispo and is trying to get the plant’s operating license extended. But environmentalism sells in California, and the state’s largest and most rapacious private utility has no shame.
The San Francisco Chronicle reported Sept. 19 that city officials were negotiating with “a number of companies that could help run the turbines and cover the costs” and added that “Pacific Gas and Electric Company is among them, said Jared Blumenfeld, director of the city’s Department of the Environment.” Blumenfeld told us he was misquoted and that officials are only discussing with PG&E the prospects for connecting to the PG&E-owned grid in the city.
But Blumenfeld explained that a private company called Golden Gate Energy already has a federal license to develop tidal energy in the San Francisco Bay — and PG&E has a stake in that venture. The Golden Gate Energy license expires in 2008, and it’s unlikely the company will be able to start work by then, Blumenfeld said. Given that nobody actually has a working model of a tidal generator of this scale, that’s probably true.
Still, it shows that PG&E isn’t going to give up easily on the idea of owning or running what could be a source of energy that could power a sizable percentage of San Francisco. The reason is obvious: if the city operates the tidal power plant, it will be a huge boost for public power. Between tides, $100 million worth of solar energy that’s in the pipeline, and the Hetch Hetchy dam, San Francisco would come pretty close to generating enough renewable energy to power the whole town — and PG&E could be tossed entirely out of the picture.
Of course, that assumes that the city is serious about creating a full-scale public power system, which involves taking over PG&E’s transmission grid. Newsom says he supports public power. So does Susan Leal, general manager of the San Francisco Public Utilities Commission. But while both are ready to cough up $150,000 for a study into the benefits of tidal power (and a possible $10 million for a pilot project), neither has ever been willing to spend a penny for a study into the costs and benefits of taking over the grid.
Mirkarimi told us that LAFCo will begin hearings on tidal power next month and get to the bottom of what the mayor has in mind. The supervisors should allow no shadow of doubt about the policy for pursing this energy source: it can only be done as part of a larger plan to bring public power to the city — and if PG&E or any other private energy company has even the tip of a finger anywhere near it, the deal is dead in the water. SFBG

Terrorizing the peace marches

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› gwschulz@sfbg.com
If any questions remain today as to how the law enforcement establishment views antiwar activists in the post–Sept. 11 world, just follow the money for answers.
The San Francisco Police Department was paid $3.3 million from the US Department of Homeland Security to cover overtime costs for officers who patrolled the major antiwar demonstrations of early 2003.
After months of haggling, the Governor’s Office of Homeland Security finally turned key records over to the Guardian. They showed that the money came from a federal “critical infrastructure protection” grant and covered police overtime costs that were incurred by the city between March 2003 and October 2004.
The overtime payments concentrated mostly on more than two weeks’ worth of large protests that occurred in San Francisco around the outset of the war in Iraq. On March 23, 2003 — the first full day after the war began, when the city was nearly shut down by the demonstrations and there were nearly 2,000 arrests — the overtime costs covered by terror money alone reached nearly $800,000.
Other days’ payment ranged from $5,000 to as much as $500,000. Most of the Police Department records included in one file the Guardian obtained describe the events as “anti-war demonstrations,” but one protest is identified as an “alternative bicycle event,” while another is listed as a “Global Exchange Protest of Fox News.”
To obtain the federal antiterror funding, local governments must first spend their own money and follow up with a request for reimbursement from the feds. While the critical infrastructure protection grant exclusively covers overtime expenses, the records we obtained happen to show the full amounts motorcycle patrol officers earned to work the protests: sometimes up to $80 an hour.
San Francisco already pays out millions of dollars annually for overtime expenses from the city’s General Fund to cover chronic staff shortages at the Police Department. The San Francisco Office of the Controller predicted in March that overtime expenditures generated by the department would climb to around $20 million by the end of fiscal year 2005, $7 million more than the year before.
During the spring budget process, police officials asked the city for $12.5 million to send 250 new wannabe cops through academy classes. But the department hopes to hire 350 to 400 more sworn and nonsworn employees over the next three years. Mayor Gavin Newsom made new police recruitments a top priority in his proposed budget for fiscal year 2006–07.
In 2003, the San Francisco Chronicle reported that then-mayor Willie Brown intended to cover some of the costs of the city’s widely publicized antiwar protests through federal terror funds. An agreement for the total award between San Francisco and the state, which administers the federal funds, was signed in August 2003 by former budget director Ben Rosenfield, who worked for the both Brown and Mayor Newsom. Spokespeople for Newsom and the Police Department did not answer our inquiries in time.
At the time of the protests, Brown seemed to really stretch in his attempt to link them to a terrorism threat. According to the Chronicle, Brown said, “Terrorists could use the demonstrations as a ‘cover’ to get near the bridges or targeted buildings in the Financial District or Civic Center area.” (G.W. Schulz)

Finally, the Conglomerati do a bit of reporting (actually only a little bit)

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The Contra Costa Times report that Hearst could end up “partly” owning the Times and the San Jose Mercury News

I was about to start my daily blog by twitting the Hearst/Chronicle for its two telling heads in today’s paper: front page in big type (“HEWLETT-PACKARD SAYS IT SPIED ON REPORTERS.” And then a David Lazarus special across the top of the business page: “HP’s investigation broke state laws, attorney general says.” Good stories, important subject, good to see the AG awakening from his slumbers, but……why can’t Hearst and the AG move on the big CENSORED media monopoly story that I have been blogging on for days and George Schulz laid out in our current Project Censored package, “The Silent Scandal, How does media concentration affect the news we read? Just check out the coverage of the latest newspaper merger.”

Then I got a rocket from my reliable source in Contra Costa County who reported that the Times had run a major story today by George Avalos stating in its lead that Hearst “could wind up being partly owned by the current owner of the San Francisco Chronicle, according to documents filed in connection with a federal antitrust suit.” Its head: “Media firms’ deal disclosed, Lawsuit declaration reveals new details about MediaNews, Hearst financial arrangements.” The Merc ran a six-paragraph story, from “Mercury News Wire Services,” saying the same thing. The Oakland Tribune/Singleton ran a short version of the Avalos story. And the Chronicle/Hearst as usual blacked it all out and have yet to report its financial and stock involvement that in effect partners Hearst and Singleton.

Amazing. The documents have been publicly available for weeks. But only now, after the Bruce blogs and the Schultz story, have two Media News papers reported some critical details of the regional monopoly. And Hearst, with its vast business and court political reporting staff, somehow can’t cover the story.
Why?

There were significant quotes in the Times story: “Executives with MediaNews refused to comment. Frank Vega, publisher of the Chronicle, said, ‘I really don’t have any comment about the lawsuit. This is a Hearst-MediaNews deal.’” In other words, Dean Singleton/MediaNews out of Denver and Hearst out of New York are calling the shots and that is a prime reason for the local censored coverage in all Hearst/ Singleton papers. Impertinent question: Why don’t MediaNews executives and Vega demand that their editorial staffs cover the story or perhaps demand that they be allowed to cover the story?

Read the Times and Merc stories below, then read my previous blogs and the Schulz story to get a fuller perspective on what is going down here: a quiet move by Hearst/Singleton, aided and abetted by McClatchy/Gannett/Stephens, and facilitated by Justice and Atty. Gen. Bill (the Consolidator) Lockyer, to kill newspaper competition in the Bay Area and impose deadly regional monopoly. That is the real story and I hope the Conglomerati begin to allow their reporters and editors to start doing real reporting on the biggest censored story of the year. I am certain they would love to do it, allegro furioso.

Memo to Clint Reilly/Joe Alioto: you are doing good, keep on rolling. Memo to Carl Jensen and Peter Phillips at Project Censored: congratulations, you have once again confirmed the value of your project. Memo to the Conglomerati publishers: Publish the Censored stories and give us a ray of hope for the future of journalism in the Bay Area.

Meanwhile, to get the news on monopoly journalism. read the Bruce Blog, dammit! B3

P.S. Reporting in on Sunday evening: still no Hearst/Singleton/Gannett/McClatchy/Stephens story on the Project Censored package.

Contra Costa Times

The Mercury News

The business of censoring labor

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Most people, of course, work for a living. They spend at least half their lives working and, in fact, define themselves by their jobs. They obviously would be interested in ­ and obviously need ­ expert information on a regular basis about that most important aspect of their lives.

But the news media in effect censor that vital information. Their primary attention is not focused on those who do society¹s work. With the rare exception of such issues as the attempts to raise the minimum wage, or on special occasions like Labor Day, the media generally are not concerned with workers’ daily efforts to make a living. The media concentrate instead on the corporate interests and other employers like themselves who finance, direct and profit from the work.

Workers’ attempts to get a greater share of the profits and better working conditions by using the only effective tool available to them – collective action –­ are given only slight and frequently biased media attention. Strikes are an exception, but that coverage is usually concerned mainly with the strikes’ adverse effect on the general public.

Given their complexity and importance, collective bargaining and union activity generally should be among the most thoroughly and fairly covered of all subjects. Once, most newspapers had labor reporters to provide extensive if not always fair coverage. But almost no papers have such specialists today. With a very few exceptions, radio and television stations have never had them.

At most papers, in the Bay Area and elsewhere, labor coverage has been turned over to the business section. Since the material there is meant for readers who have a particular interest in business and a generally negative view of unions, the stories naturally are slanted that way by business reporters, who have little apparent understanding of labor.

The business pages typically downgrade, distort or simply ignore union views. They show little concern for general readers, including those who support unions or might want to if they had the opportunity to read thorough, balanced and expert accounts of their activities.

How about describing the country¹s major labor federation, the AFL-CIO, as a “trade association?” Or referring to democratically elected union leaders as “bosses?” The San Francisco Chronicle business page has made those petty but illustrative gaffes and, like the rest of the Bay Area¹s mainstream media, far more serious gaffes.

The list of important labor issues that have been ignored ­ censored ­ is seemingly endless. To cite just a few examples, the media:

— Frequently note that union membership is declining while failing to report that a principal cause is failure of the federal government to adequately enforce the laws that supposedly guarantee workers the right to unionize without employer interference.

— Fail to report numerous other anti-union actions of the Bush
administration, including its virtual non-enforcement of most other laws designed to protect workers.

— Rarely take notice of the on-the-job hazards that cause 6,000 deaths and more than 2 million serious injuries a year, and the need to strengthen and adequately enforce the job safety laws.

— Ignore labor¹s role as an advocate for the working people, union and non-union alike, who make up the vast bulk of the population, by characterizing labor as a “special interest.”

— Almost never report the views of union members and leaders on the major issues of the day. The views often are voiced at meetings of local labor councils and other union bodies that reporters ignore, while routinely seeking out the views of corporate and business executives.

— Pay little, if any, attention to many major union campaigns. Most recently, that’s notably included a nationwide drive to get McDonald’s to guarantee decent pay and working conditions to the impoverished tomato pickers whose work is essential to the hugely profitable fast-food industry.

So, despite the great importance of labor, despite most people¹s vested interest in it, despite the need to inform them fully about it, the media provide little that’s of real value to them in their working lives, and much that¹s prejudicial to their collective action.

Copyright © 2006 Dick Meister, former labor editor of the Chronicle and of KQED-TV’s Newsroom. Contact him through his website, www.dickmeister.com.