Joe Fitzgerald Rodriguez

Sacramento Bee wins legal battle, UC Davis pepper spraying cops must be named

Erica Hanna
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Sacramento Bee wins legal battle, UC Davis pepper spraying cops must be named

Nearly three years after UC Davis campus police pepper sprayed a line of peaceful, seated student protesters from the Occupy movement, The Sacramento Bee has won a legal battle to release the names of officers involved, the newspaper reported today.

Though the notorious campus police officer Lt. John Pike has long been identified (and turned into countless hilarious internet memes), there were other officers who took action that day. A review of the viral video of the incident shows additional officers pepper spraying student protesters, and carrying them away from their seated positions like sacks of potatoes.

These officers were the subject of an independent report into the incident conducted by former state Supreme Court Justice Cruz Reynoso, which was released to the public in 2012. But the names of involved officers were redacted, and the Federated University Police Officers Association went to court saying those names should be shielded. The Bee filed suit for the names, and was later joined in court by the Los Angeles Times in a legal tussle that lasted two years.

“The University of California Office of the President commissioned and paid for the Reynoso Report with the intent to make it public,” spokesman Steve Montiel said in a statement, according to the Bee. “We attempted to publish the full, unredacted report in March 2012, and the campus police officers’ union brought a lawsuit to keep us from doing so.”

The police union may have had some reason to worry, as officer Pike, 40, claimed in a workers’ compensation suit that he suffered anxiety and depression, as well as death threats. He eventually won a $38,000 settlement, but perhaps he and the other officers should have considered the fallout of spraying peaceful protesters directly in the face beforehand.

The win was handed down Wednesday night, as the police union’s appeal to protect the officers’ names was dismissed by the state Supreme Court. The court is expected to release the names of the involved officers sometime tonight, according to the Bee.

And one last pepper spray meme, because we couldn’t resist:

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Researcher explores police and protester violence in the Occupy movement

Erica Hanna
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0
Researcher explores police and protester violence in the Occupy movement

As the nation’s eyes watch police officers in Ferguson firing rubber bullets and tear gas into crowds of protesters, one UC Berkeley sociologist is exploring how and why such violent conflicts erupt in the first place.

Nicholas Adams and his team call themselves Deciding Force. Its goal? To prevent violence between police and protesters at peaceful demonstrations through deep data analysis of the Occupy movement.

“There’s a misconception that police have a single style or repertoire to approaching protests,” Adams told the Guardian. “They have a range, and they should know better how to use these tools.”

Adams hopes to facilitate free speech by demonstrating best practices in nationwide police tactics, to allow peaceful protesters to trumpet their message without the threat of violence. The study, he said, is made possible by the variety of geographic locations the Occupy movement took place in. The different municipalities and varying levels of police use of force provided a buffet of data for Adams and his fellow researchers to compile and parse.

A video about the project.

They started with news reports of various Occupy movements nationwide, which were then compared to other local and national news articles for accuracy and to help identify bias. Even that process revealed interesting data, he said.

“Media bias is most often a bias of omission,” he told us. “You go to protest events and what happens most often is a news outlet won’t report on it. Fox News outlets across the country reported on the Occupy movement at drastically low rates. If an ABC affiliate reported on an Occupy (encampment) 100 times, Fox News affiliates reported it three times.”

The researchers then handpick relevant data from those news articles and broadcasts. The next step is even trickier (and wonderfully geeky).

Adams and the researchers trained computer programs to pick similar data from the over 8,000 news reports, automating the process. Articles from Boston, Chicago, New York, San Francisco, and more than 200 cities with Occupy movements are parsed for patterns. Did the police wear riot gear? What formations did they use? Were horses present? Assault vehicles? Was the crowd mostly Latino, black, white, Asian, or a mix? Were the Occupiers sitting or standing? These are the few of the hundreds of variables crunched by Adams’ team. 

After the variable compiling, the computer’s usefulness ends and the human element picks up again, as Adams and his sociologists then sift through the patterns to see what elevates conflict between police and protesters. In the end, he hopes to be able to show police departments what specific actions can de-escalate violent situations.

The team has been at it for two years, and already the data is yielding some results. Police skirmish lines, for instance, are a heavy indicator that violence will occur.

“You’re facing off against protesters,” he said. “It’s called a skirmish line for a reason. You’re setting up skirmishes.”

But Adams’ research isn’t just about aiding police forces, it’s about holding them legally accountable for escating violence, he said.

“You can start to, from a legal standpoint, establish liability with research like ours,” he told us. “If we reach out to police departments later on attorneys can hold them accountable for their actions.”

And with that information in hand, maybe future incidents like the clashes in Ferguson may be prevented. At the very least, there may be a stronger legal mechanism with which to hold police accountable for clashes with citizens.

You can read more about Deciding Force’s research here, and support them through their IndieGoGo campaign. 

More time, same crime

Michael Redmond
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0
More time, same crime

joe@sfbg.com

Roll up a dollar bill, snort a line of coke, sit back and smile: If your cocaine use leads to a conviction, your drug of choice will be spared from the harsher penalties associated with inhaling the substance through a glass pipe. When it comes to busts for cocaine possession and dealing, those caught with a rock instead of the powdered stuff are kept behind bars longer. But that could soon change.

The drug is the same, the punishment is not — and a new bill may soon end that decades-long disparity, one that critics have called racist. But crack cocaine use is now at a historic low in San Francisco, raising a question: What took so long?

The California Assembly voted 50-19 Friday [8/16] to pass the Fair Sentencing Act, which aims to lower the sentence for possession with intent to sell crack cocaine to be on par with that of powder cocaine.

The bill, authored by Sen. Holly Mitchell (D-Los Angeles), is seen as championing racial justice.

“The Fair Sentencing Act will take a brick out of the wall of the failed 1980s drug-war era laws that have devastated communities of color, especially black and Latino men,” Lynne Lyman of the Drug Policy Alliance said in a prepared statement.

Crack cocaine rocks have tended to be more heavily used by African Americans, while powdered cocaine tends to be the province of rich white folks. The bill would lessen the maximum sentence for crack cocaine possession with intent to sell to four years, down from five. It would still constitute a felony.

In California, having a drug-related felony on record can prevent the formerly incarcerated from accessing housing assistance and food stamps, further feeding a cycle of poverty. The Fair Sentencing Act now awaits Gov. Jerry Brown’s pen. But some say this disparity should have been addressed some 30 years ago.

The 1980s gave rise to the “crack epidemic” narrative, a supposedly sweeping addiction promulgated by media reports on crack’s outsized harm to pregnant women and newborn babies. But those health impacts are now understood to be on par with tobacco use during pregnancy, rather than the terrifying danger it was presented to be.

Still, the images and narratives from that era were powerful.

In a television news report that aired in the 1980s, an unnaturally tiny baby quivers and shakes on the screen. Then-First Lady Nancy Reagan appears and hammers the point home: “Drugs take away the dream from every child’s heart, and replace it with a nightmare.” Flash forward to the future, and university researchers have produced studies showing that the babies born to crack-using mothers that so frightened the country were simply prematurely born, and went on to lead healthy lives.

True or not, people were outraged. The change in laws happened “virtually overnight,” Public Defender Jeff Adachi told us. Crack cocaine hit San Francisco hard.

Paul Boden, executive director of the Western Regional Advocacy Project, remembers it well. He had just come out of homelessness in the Tenderloin in the ’80s. Just prior to starting as a staffer at Hospitality House, he saw the worst of it.

“People were killing each other over the stupidest shit. It got really violent,” he said. “What crack cocaine did is it divided a community against itself. I never thought I’d get to a point where I missed heroin.”

But, he added, “I do think the advent of crack and the assumption that every black male was doing crack gave the cops carte blanche for all of their racist patterns.”

According to the Drug Policy Alliance, people of color accounted for over 98 percent of men sent to California prisons for possession of crack cocaine for sale. Two-thirds were black, and the rest were Latino.

Long since the days when cops regularly raided the Tenderloin on a hunt for every glass crack pipe, the SFPD is now a somewhat more lenient beast in the drug realm. Drug arrests in the city dropped by 85 percent in the last five years, according to California Department of Justice data. Police Chief Greg Suhr downsized his narcotics unit, shifting to focus on violent crime.

“People that sell drugs belong in jail because they’re preying upon sick people,” Suhr told the Guardian, although he added, “People with a drug problem need to be treated, as it’s a public health issue.”

Suhr said he supports the lower sentencing for crack cocaine to make it on par with powder.

“Cocaine,” he said, “is cocaine.”

District Attorney George Gascon’s office also prosecutes mostly violent and property crimes as opposed to drug possession, reflecting a rare show of agreement between the Public Defender’s Office, the SFPD, and the DA. San Franciscans battling drug problems are often diverted to drug courts and rehabilitation programs.

Crack cocaine has largely moved on from San Francisco, leaving its ugly legacy. Meanwhile, heroin use is on the rise, but nevertheless carries the same harsh sentence as crack cocaine for possession with intent to sell.

“It’s the pathetic state of politics today that it took this long for this to happen,” Boden told us, on sentencing reform. “Now it won’t cost me anything, I’ll show what a great liberal I am.”

 

Live shots: Pro-Palestine activists block ship at the Port of Oakland

Erica Hanna
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6
Live shots: Pro-Palestine activists block ship at the Port of Oakland

Pro-Palestine activists marched on Saturday to block an Israeli ship scheduled to dock at the Port of Oakland, protesting Gaza violence.

Well over 1,000 protesters marched from the West Oakland BART station to the port to block the Zim Piraeus, operated by Zim Integrated Services, Ltd., from docking and unloading its goods. As of last night the ILWU respected the Block the Boat picket line. A police line met the protesters when they arrived.

Check out the Bay Guardian’s print edition, Wednesday, for in-depth coverage of the protest. Until then, here are some live shots from Saturday.  

All photos below by Joe Fitzgerald Rodriguez. 

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San Francisco rent explosion: Median rent for two-bedroom apartment tops $4K

Erica Hanna
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84
San Francisco rent explosion: Median rent for two-bedroom apartment tops $4K

Hold onto your butts, a new study on San Francisco’s rental market (yes another one) reveals the city’s newest most expensive neighborhoods. 

Priceonomics went pretty darn viral last year upon release of its first study of San Francisco’s rental explosion, and round two is certain to blast through SF social media as well. And deservedly so, as the new high rental numbers are staggering.

Median rent for a one-bedroom apartment in San Francisco is now $3,120. The median rent for a two-bedroom is now $4,000, and the median rent for a three-bedroom is $4,795, Priceonomics found.

It’s not a wonder widespread evictions are sending protesters onto the streets (and into the offices of real estate agents). The numbers are a good indicator of why any eviction from a rent-controlled unit today is also an eviction from San Francisco entirely: prices are just too damn high to find a new apartment at a comparable rate. 

The study breaks the data down by neighborhood. Hayes Valley topped the list, with a median rent of $3,750 for a one-bedroom apartment. The Financial District and the Castro were second and third most expensive, with the Bayview coming in last at $1,425 a month. 

neighborhoods

The study also noted that historically poor areas (derisively termed “backwaters”) have jumped in price, largely in part due to an influx of tech workers and their shiny UFO-like private shuttles. 

As the rents rise and turmoil bubbles over evictions, city legislation like Supervisor Jane Kim’s Housing Balance Measure was defanged by Mayor Ed Lee during negotiations over the past month. Still, there is some hope on the November ballot for relieving San Francisco’s housing crisis. Proposition G, the Anti-Speculation Tax, would discourage speculators from “flipping” properties for a profit by taxing them harshly. 

Of course that’s no silver bullet, and San Francisco will need to take a hard look at its affordable housing policies to stop these prices from rising, rising, rising. 

It seems like they couldn’t possibly go up higher, but then again, we always think that, don’t we? 

For more on Priconomics’ findings, check out the article here. 

rental map

Click the map for a higher-res version.

SF school board votes to aid Central American child refugees, hopes to spark national movement

Erica Hanna
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14
SF school board votes to aid Central American child refugees, hopes to spark national movement

Waves of Central American child refugees are landing in San Francisco, fleeing violence in their home countries. A growing number of supporters are lending aid, and now the San Francisco Unified School District is the newest group to join the cause. 

Last night [Tues/12], the SFUSD Board of Education unanimously approved a resolution to bolster services in city public schools for child refugees fleeing Guatemala, El Salvador, and Honduras.

“We are a nation of immigrants, which is often forgotten when we talk about ‘those kids,'” SFUSD Superintendent Richard Carranza said to the board. “These are our children.”

To help them, he said, “we will move heaven and earth.” Carranza then pledged to forward the text of the resolution far and wide, saying he hoped the SFUSD’s efforts would cross the desk of President Barack Obama, and set an example for the rest of the country.

Child refugees coming to San Francisco face language barriers, inadequate city services, and major gaps in their education. The resolution, authored by board member Matt Haney, will beef up teaching resources for child refuegees, connect these children with counseling services, and enroll them in specific classes geared towards new English learners. The district will also soon hire an administrator to coordinate these new and existing services for refugees. This new administrator will need the qualifications of a social worker, the district said, and it’s easy to see why. 

One counselor put the kids’ needs this way: normal teenagers have it hard enough, but adjusting to school with the trauma of near-death behind you can be almost impossible.

“These kids have a set of needs which are at a higher level than any set of kids we deal with,” Haney said. 

Most of these new services will wrap into SFUSD’s Newcomer Pathways program, an already existing framework which bolsters the success of new immigrant children in San Francisco, who often face steep language and cultural barriers.The effort joins a rising tide of SF officials pledging to aid these refugees, including Supervisor David Campos, Mayor Ed Lee, Public Defender Jeff Adachi, and USF School of Law Dean John Trasvina.

The US Department of Health and Human Services reported 175 unaccompanied minors were released into custody of San Franciscans, though federal data shows many hundreds more wait in the wings for aid. Some of these refugee children will join school in the new year, which starts Monday, but many are already in attendance.

Dawn Woehl, a counselor with the Newcomer Pathways program at Mission High School, told the board during public comment she started noticing more child immigrants who spent time in detention centers in New York and Texas. 

“We may not know much about each individual family, but we know enough about the trauma they’re facing,” she said. After she spoke to the board, she told the Guardian that wraparound services for mental health are most needed. 

“We take care of the basic needs first,” she said, “but counseling is where we get stretched.”

These children and teenagers often come from towns where gangs recruit new members through high schools. Those that refuse to join up meet violent fates: rape, dismemberment, and death. With those challenges, it’s no wonder that many of these kids show up in San Francisco with gaps in their learning, and significant need of counseling.

“The need for Spanish-speaking therapists is high,” Woehl told us. 

The Newcomer Pathways program is a successful one, and alumni of the program came to the board to laud the proposal to aid the refugees.

“I was born and raised in Guatemala, I emigrated here when I was 14 years old,” Anna Avalos Tizol, now 21, told the Board of Education. “I had to learn the language, the culture, and work to help my family back in Guatemala. It was a culture shock.”

But in the end, the young student found success at Mission High School. She’s now a senior at UC Santa Cruz, and interned in Washington DC, where she witnessed child refugees testifying before Congress, telling them of the cold hard floors and thin sheets of their detention centers.

“When we come here, we give up everything. Our home and our loved ones,” she said. “Remember: all children are sacred.”

Real estate speculators physically push out Ellis Act eviciton protesters

Erica Hanna
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55
Real estate speculators physically push out Ellis Act eviciton protesters

Native San Franciscan Benito Santiago, 64, joined a protest Aug. 12 in an attempt to remind his evictors that he’s a human being – not a roadblock to profit.

Santiago is facing an Ellis Act eviction from his 47-year Duboce Triangle home, where his monthly rent is just below $600.

Clad in a stylish blue fedora, Santiago and a dozen or so protesters filed into Vanguard Properties to deliver a letter asking Vanguard co-founder Michael Harrison to rescind his eviction. Harrison initiated an eviction proceeding against Santiago last December through his corporation, Pineapple Boy LLC. But by the end of the protest, Santiago and other tenant activists were physically pushed out of the building by Vanguard representatives in a show of aggression.

Before it got to that point, protesters called out Harrison for exploiting the Ellis Act for profit.

From the letter:

“We do not believe that you, Michael Harrison, are ‘going out of business’ which is the purpose of using the Ellis Act. We know that instead you are exploiting a loophole in state law for your greed.”

Suffice to say, Vanguard representatives didn’t accept the letter. But the message still got across: The protesters brought a bullhorn.

“My name is Benito Santiago,” Santiago blared, standing at the front desk, but was soon interrupted. A young-looking man in a grey suit approached protesters and asked them to leave.

“I’m calling the San Francisco police,” he said. Santiago may have approached the business with a bullhorn, but he has much to lose. 

While Vanguard may perceive Santiago merely as someone who doesn’t offer monetary value, he’s of much value to the developmentally disabled children he teaches at San Francisco Unified School District. 

The protesters intended to make these points to the folks at Vanguard. But before words could be exchanged, a crowd of Vanguard workers (real estate agents or employees, perhaps?) swooped in and physically carried out the protesters.

Fred Sherbun-Zimmer held her protest sign and chanted as one Vanguard agent placed hands on her back and swiftly pushed her out. Peter Menchini, a videographer, held his camera high and away from the snatching hands of real-estate experts turned vigilantes. Poet and activist Tony Robles had a paper slapped out of his hand by a Vanguard employee, before protesters were pushed out in a wave behind him.

Vanguard Properties Employees Assault Photographers & Activists 12 Aug 2014 from Peter Menchini on Vimeo.

 

 

As you can see from the video, things turned downright nasty as the real-estate representatives shoved and pushed the anti-eviction protesters as well as journalists there to document the event. (They even tried to yank my phone out of my hand.)

By the time the SFPD arrived, things had settled down. No arrests were made, and after a few sidewalk declarations by bullhorn, the protesters cleared the scene.

Afterwards, Santiago told us his housing prospects aren’t looking good. The Bill Sorro Housing Program helped him file many affordable housing applications, but he hasn’t gotten any word back yet. The rent he pays now eats up a hefty chunk of his paycheck, leaving little for basic expenses by the end of the month.

“I’m getting lots of positivity from family,” he said. And he does have an extension, until December, to find a new apartment. But, he noted, with median rents almost reaching $4,000 in San Francisco (they’re actually at $3,200, but that’s still bad), his chances of staying in the city are slim.

“I might be bad at math,” he told us, “but that seems like shooting for the moon.”

Vanguard Properties co-founder Michael Harrison was dubbed a “property flipper” by the Anti-Eviction Mapping Project. 

From its brief on Harrison:

Michael Harrison is the co-founder of Vanguard Properties, where he specializes in “residential investment properties.” He is a property flipper: his shell company Pineapple Boy LLC bought the building in November 2013 and tried to evict Benito and the two other tenants immediately. Vanguard Properties is currently involved in a number of luxury property developments in the Mission District and Duboce Triangle area including the development at 19th and Valencia that in February 2014 set record sale prices for the neighborhood. 

Santiago did have some flickering hope when an in-law unit behind a garage next door went on the market for rent. His hope was deflated, though, when his friend told him the rent for the single room.

“Eduardo said, ‘guess how much it is?'” Santiago told us. “It’s going for $4,000 a month.” 

Messed up: Did this man vandalize Alejandro Nieto’s memorial?

Erica Hanna
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26
Messed up: Did this man vandalize Alejandro Nieto’s memorial?

Alejandro Nieto was killed after a hotly debated, horrifying confrontation with the SFPD nearly five months ago. Since his death, his family and loved ones often gather at a memorial on Bernal Hill to remember Nieto. Now however, that memorial is allegedly being desecrated.

Just a week ago, a bystander caught the alleged vandal on video, following him after watching him throw pieces of the memorial down a hill.

Is this the man vandalizing Nieto’s memorial? 

From Justice4AlexNieto.org: 

Before this man was captured on video, the vigil keepers had noticed that the vandal’s most recent MO was to wait until no one was looking, then grab something from the altar, and toss it across from the altar, downhill, off the path. (Before he had also been spray painting the banner.) Sometimes only one item was missing, sometimes everything was tossed. Clearly, he didn’t want to be seen carrying off an item, so he tossed them away out of sight, whenever and whatever he could when people were not watching.

Adriana came upon him around 1:30pm on Aug. 1, 2014, just as he was tossing a set of pebbles (used to weigh down the flower pot) off the side of the hill. She took out her phone and started walking towards him. As soon as he saw her, he started walking away, keeping his face off to the side (like a knowing pro.) She didn’t confront him, because she wanted to verify the missing memorial item. Once she verified the missing pebbles, and found the pebbles exactly underneath the spot he had been standing, she felt certain that this was the Memorial Vandal.

Even more problematic is the August vandalization wasn’t even the first time Nieto’s memorial had been spray painted, or otherwise disturbed. Apparently the site had been vandalized at least three times before. Banners have been spraypainted, flower pots thrown, and other items on his memorial were trampled. 

Supervisor John Avalos, who worked closely with Nieto, told the Guardian this was “pathetic. It’s hard to ascribe any motive for vandalizing the shrine, but it certainly shows callous disregard for the community still grieving, and angry at the SFPD’s questionable killing of Alex Nieto.” 

nieto family

Nieto’s parents reconstruct their son’s memorial. Image via Justice4AlexNieto.org

There are images and video of the alleged vandal at Justice4AlexNieto.org, which you can see here. If you can identify the alleged vandal, please send any information to info@justice4AlexNieto.org. The Guardian contacted the SFPD to see what, if anything, had been done. We will update if we hear back. 

Much controversy has swirled around Nieto’s death. As the Guardian has reported, an initial examination of Nieto’s body suggests he died from wounds inflicted by at least 10 bullets, fired by multiple officers. Police initially encountered Nieto in Bernal Heights Park in response to a 911 call reporting a man with a gun. Nieto, who was employed full-time as a security guard, actually possessed a Taser and not a firearm. 

Some say it was an understandable mishap by police, as SFPD Chief Greg Suhr has claimed the setting sun obscured officers’ vision of the taser, which they assumed to be a gun due to its laser sight. Nieto’s family and others strongly question that narrative, and filed a claim against the SFPD with attorney John Burris, the fate of which is still up in the air.

No matter which side of the debate about Nieto’s death you fall on though, we should all be able to agree that desecrating a memorial site of a dead young man is just plain wrong. 

Mayoral meltdown

Michael Redmond
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95
Mayoral meltdown

joe@sfbg.com

When he launched an unexpected mayoral bid in 2011, Mayor Ed Lee campaigned on a platform of changing the tone of San Francisco politics. The appointed mustachioed mayor claimed he put the civility back in City Hall, marking a sharp departure from the divisive tone of city politics as progressives battled former Mayor Willie Brown, followed by Mayor Gavin Newsom.

“We’ll continue the high level of civility in the tone we’ve set since January, and solve the problems with civil engagement,” he told Board of Supervisors President David Chiu, then his mayoral opponent, at a 2011 debate.

Yet over the past two weeks, Mayor Lee has started swinging hard against supervisors who have introduced measures that go against his own priorities. So much for civility at City Hall.

 

COMPROMISE EVERYTHING

When asked about the outcome of her newly revised affordable housing measure, Sup. Jane Kim did not sound enthusiastic.

“It was definitely a compromise,” Kim said. But compromise is a word you use when you find a middle ground. By most accounts, Mayor Lee weakened the measure by hammering the right pressure points.

Kim crafted a novel solution to the city’s housing affordability crisis for the November ballot. Her initial Housing Balance Requirement would have established controls on market-rate housing construction, requiring a reevaluation whenever affordable housing production falls below 30 percent of total construction. The goal was to ensure that a certain amount of affordable housing would be built — but it was unpopular with housing developers.

Lee immediately drummed up a ballot measure in opposition to Kim’s, the Build Housing Now Initiative. The nonbinding policy statement asked the city to affirm his previously stated affordable housing goals. So what was the point?

It contained a poison pill which would have killed Kim’s Housing Balance Requirement. If Lee’s measure was approved, Kim’s would fail. The two politicians were in heated negotiations, trying to diffuse this ballot box arms race up to the very moment Kim’s measure went before the Board of Supervisors for approval at its July 29 meeting.

By the end of that process, Kim’s measure had been gutted.

Mirroring the mayor’s Build Housing Now Initiative, the new Housing Balance Requirement is a nonbinding policy statement asking the city to “affirm the City’s commitment” to support the production or rehabilitation of 30,000 housing units by 2020, with at least 33 percent of those permanently affordable to low or moderate income households.

Kim said she’d won funding pledges and promises for a number of affordable housing projects from the mayor. But Lee did not sign any agreement.

Essentially, the revised measure is a promise to promise, a plan to plan. Kim told us flatly, “We didn’t get the accountability we wanted.”

Political insiders told us the Mayor’s Office put pressure on affordable housing developers, who backed the original measure but later asked Kim to revise it to reflect the mayor’s wishes. The Mayor’s Office allegedly threatened to cut their funding next year, or divert projects to other affordable housing organizations.

Everyone acknowledged the mayor was pissed.

Tenants and Owners Development Corporation, an affordable housing developer in SoMa, sat in on the negotiations. The city paid $170,961 in contracts to TODCO last year, according to the City Controller, and over $250,000 the year before. John Elberling, president of TODCO, and Peter Cohen, co-director of the Council of Community Housing Organizations, denied the mayor influenced them to ask Kim to revise her measure.

“I didn’t hear my phone ringing saying we’ll pull funding for affordable housers if you don’t do X, Y and Z,” Cohen told us. Yet he acknowledged the mayor “brought certain leverages to bear” in the closed-door negotiations to “compromise” on Kim’s ballot measure. Then everything changed.

“Yes,” Cohen said, “we then convinced the lead supervisor to change her position.”

Despite being labeled as a “compromise,” many observers read this as a sign that Lee had prevailed. Now the same hammer is coming down on Sup. Scott Wiener.

 

BALLOT BATTLE

“I agree with the mayor on many things,” Wiener told us. But the mayor is targeting Wiener’s new Muni funding ballot measure, hoping to knock it off the ballot.

“It’s not personal,” Wiener said. “It’s a policy disagreement.”

The mayor has a transportation bond on the ballot, asking voters to pony up $500 million to fund Muni. But Lee already blew a $33 million hole into Muni’s proposed budget when he decided to pull a Vehicle License Fee measure off the ballot. When that measure began to poll badly, he got cold feet, and withdrew it.

The San Francisco Municipal Transportation Agency’s budget outlined a doomsday scenario if the funding ballot measures failed to pass. It would be impossible to improve transit travel time, reliability, or to fund pedestrian and bike safety projects, the SFMTA staff noted in recent budget presentations.

Seeing the potential fallout due to the mayor pulling the VLF measure, Wiener placed his own measure on the ballot, tying expansion for Muni funding to the city’s growing population. If passed, Muni could see a $22 million bump just next year.

Openly, the mayor told reporters he would hold the supervisors who supported Wiener’s ballot measure “accountable.” Lee then initiated a conversation about slashing funding to city programs, signaling that supervisors’ favored projects could be jeopardized.

“Last week, the Board of Supervisors sent a measure to the ballot that the budget does not contemplate,” Kate Howard, the mayor’s budget director, wrote in a memo. She directed departments to cut their budgets by 1.5 percent, and asked for “contingency plans” including a “revisit” of hiring plans and scaling back existing programs and services.

Wiener issued a statement describing the move as “an empty scare tactic.”

“For whatever reason,” he wrote, “the Mayor’s Office felt the need to issue these emergency instructions now — a full year before the fiscal year at issue, in the middle of an election campaign, without even knowing whether the measure will pass.”

John Elberling, president of TODCO, recalled when then-Mayor Willie Brown used the same schoolyard-bully tactics to ensure his favored measures passed.

“The punchline is there were competing ballot measures, one from our side and one from Willie’s side,” Elberling told the Guardian. “There was an effort to reach a compromise, but that failed. I was in the meeting where he shot it down.”

“He said ‘I will make the decisions,’ quote unquote. ‘There is no compromise unless I say there’s a compromise.’ That was quite memorable,” Elberling recalled.

When things didn’t go his way, “Willie Brown took a housing project away from us,” Elberling said.

But Mayor Lee’s bluster and anger is new, and Elberling said it should be taken with a grain of salt. “Is it a bluff? That’s always a question. Real retaliation like Willie did, that’s a real thing. But huff and puff, that goes on all the time.”

 

Eff you, gravity! Watch this skater fly over a fence at the new SoMa West skatepark

Erica Hanna
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8
Eff you, gravity! Watch this skater fly over a fence at the new SoMa West skatepark

The Guardian recently covered the unveiling of the SoMa West skatepark, a new skate spot giving a glint of hope to the city’s skate scene. And despite the crowing of the fist-shakers at the Chronicle (quit that damn noise, you hooligans!), our trip to the new skatepark found folks having a grind-happy grand ol’ time.

Now a new video from Thrasher Magazine shows a badass jump from a skater, who flies over the new skatepark’s fence and onto the streets. I mean, shoot, this guy flies. This skater essentially just flipped the bird to gravity, and landed his board straight onto Duboce.

Check it out below, and check out our photo gallery of the SoMa West skatepark here. Kudos to Julia Chan at CIR for spotting the video.

Read the memo detailing Mayor Ed Lee’s punishment of supervisors who supported Muni

Erica Hanna
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82
Read the memo detailing Mayor Ed Lee’s punishment of supervisors who supported Muni

The story is snowballing.

Mayor Ed Lee is furious at supervisors who voted for Sup. Scott Wiener’s Muni funding measure, and told reporters Monday he would hold them “accountable.”

News of the mayor’s retribution has circled round, and the timing of a memo issued by Kate Howard, the mayor’s budget director, has raised eyebrows. The memo directs city departments to prepare for budget cuts she said are called for due to Wiener’s measure.

The Guardian has obtained the memo and is embedding it below.

“Last week, the board of supervisors sent a measure to the ballot that the budget does not contemplate,” Howard wrote. “As a result of this unanticipated measure, the Mayor’s Office is directing departments to propose contingency plans that could be implemented should the measure pass.”

Howard is referencing Wiener’s new Muni funding measure, which would raise the transit agency’s funding with the population. The cost is estimated to be about $22 million annually.

Now it seems the mayor is playing for keeps. Following through on his promise to hold supervisors “accountable” for supporting Wiener’s measure, Howard directs city agencies to prepare to make cuts to new programs, hiring plans, and to “scale back existing services.”

But what Howard’s memo doesn’t say is that Muni has its own budget problems, caused not by Wiener’s new ballot measure, but by Mayor Ed Lee.

It’s really a case of the pot calling the kettle black: Lee is saying Wiener’s ballot measure will hurt the General Fund, but supervisors contend Lee hurt Muni’s budget when he pulled his Vehicle License Fee measure off the ballot.

Wiener’s new Muni funding measure was a contingency plan after Lee dropped the VLF, which blew a $33 million hole in Muni’s proposed budget.

The SFMTA outlined the consequences of a failure to pass multiple ballot measures (of which the VLF was one) in its proposed 2015/16 budget. The proposed cuts are a doom and gloom list that would make any Muni rider cut up their Clipper Card in disgust. 

 The agency said such an outcome would make it impossible to improve transit travel time and reliability, and fund pedestrian safety projects. It would also mean fewer buses and lightrail vehicles, a decline in existing infrastructure, and less funding for bicycle infrastructure, among other problems.

In other words, without ballot measures to increase Muni funding, the SFMTA is screwed. 

But when Lee’s license fee measure initially polled poorly, he got cold feet and yanked it. Yet he continued to push forward with a $500 million transportation bond measure, which remains on the ballot. Now he’s feverishly hoping to stop any competing ballot measures which may have the remote possibility of hurting its chances to succeed. 

“I agree with the mayor on many things,” Wiener told the Guardian. But, “ultimately the mayor is elected and I have to exercise my best judgment. It’s not personal, it’s a policy disagreement.”

We asked Sup. David Campos if there’s a fear that these cuts would only hit projects the supervisors favor.

“I think there’s definitely that fear,” he told us. But he noted something important.

“When we’re talking about punishing, you’re not punishing a supervisor, you’re punishing a district they represent,” he said. “Ultimately, you’re punishing constituents.”

Still, at this point, it’s not entirely clear the directives from Howard will target specific supervisor’s projects. 

“We’re concerned,” Campos said, “but we need to ask the budget director what this means.” 

Update [8/1]: Supervisor Scott Wiener sent an email to press today giving further backstory on the memo from Kate Howard regarding the budget.

From his email:

“On Wednesday, in what can only be described as an empty scare tactic, the Mayor’s Office announced that due solely to the transit measure (totaling .25% of the budget), all departments were directed to formulate emergency 1.5% contingency cuts for the 2015/16 fiscal year. The Mayor’s Office further indicated that the cuts will be directed at the “priorities” of the six Supervisors who voted to place the measure on the ballot.

For whatever reason, the Mayor’s Office felt the need to issue these emergency instructions now – a full year before the fiscal year at issue, in the middle of an election campaign, without even knowing whether the measure will pass, and regarding an amount of money that is tiny in the context of the budget. Moreover, there will be a full budget process next spring for the 2015/16 fiscal year, and if the measure passes, the $22 million at issue will simply be part of that budget.

What the Mayor’s Office neglected to mention in its announcement is the existence of a $32 million hole in MTA’s budget for the 2015/16 fiscal year. If this gap isn’t filled – and [Supervisor Wiener’s] measure will fill two-thirds of it – MTA will have to forego plans to purchase new vehicles, rehabilitate run down vehicles, replace failing train switches and signals, rehabilitate broken station elevators, make needed pedestrian safety improvements, and implement the Embarcadero Bikeway.”

Kim’s affordable housing ballot measure gutted then approved

Erica Hanna
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80
Kim’s affordable housing ballot measure gutted then approved

Housing is out of whack in San Francisco, and Sup. Jane Kim’s affordable housing ballot measure would’ve gone a long way towards fixing it. But that was then. Now, things are more uncertain. 

At yesterday’s [Tues/29] Board of Supervisors meeting, the board unanimously approved Kim’s Housing Balance proposal. But this was not her original ballot measure: it was gutted. Or as Kim told the board, “We were not able to come to an agreement on everything I wanted to see.”

Her originally proposed ballot measure required new housing developments to provide 30 percent affordable housing, with an opt-out mechanism possible through a hearing. Currently, developers can provide on-site affordable housing or pay money into a pot of affordable housing funding. That’s the system we’ve got now, and you can check San Francisco’s soaring rents and home prices to see how well that’s working out.

The 30 percent requirement was a strong, clear ask which may have spurred much-needed housing for middle and lower-income San Franciscans. Too strong, apparently. 

Kim’s negotiations with the affordable housing community and Mayor Ed Lee hit more than a few snags, sources told us. The mayor, frankly, didn’t like it. 

We reached out to the Mayor’s Office but didn’t hear back from them before press time. But it doesn’t take a soothsayer to see the mayor wanted the measure dead: He sent a strong signal by creating a rival ballot measure, which, if approved by voters, contained a “poison pill” which would’ve killed Kim’s measure.

“We were still negotiating down to the last minute what we’re announcing today,” Kim told the board. 

Kim’s new ballot measure no longer includes the 30 percent affordable housing requirement. In exchange for dropping the strong mandate, Kim said she wrested a number of concessions from the mayor, including: 

 

  • Pledges of a 33% affordability housing goal for all new development in Central SoMa and future area plans
  • Interim planning controls in the Central SoMa to prevent displacement in advance of the approval of the Central SoMa Plan
  • The creation of a Neighborhood Stabilization Trust to fund Affordable Housing Acquisition & Rehabilitation program
  • Commitment to identify new revenue to accelerate affordable housing projects languishing in the City’s pipeline and land acquisition strategies, including tiered in-lieu fees
  • Pledges to find sufficient funding to jumpstart public housing rehab and HOPE SF –without tapping the Affordable Housing Trust Fund
  • A legislative path forward to continue goals of Housing Balance Act, including unit count

 

Peter Cohen, co-director of the San Francisco Council of Community Housing Organizations, put the compromise this way: “What the supervisor ended up doing [through negotiation] is forcing the city to commit itself to substantive policies for real action, in exchange for that conditional use trigger [contained in the original legislation, which would have subjected market-rate projects to addition scrutiny when affordable housing dropped below 30 percent].”

“Obviously,” Cohen said, “some people think thats a bad tradeoff.”

So Kim lost the 30 percent trigger, but gained a number of compromises. So were they a big win for affordable housing advocates? 

Sources told us the Neighborhood Stabilization Trust is a long sought-after goal of the affordable housing community, but so far no plans have been revealed about how the trust (or any of the other proposals) would be funded. The ballot measure may offer Kim some leverage to make sure those promises are funded by Lee, especially considering San Francisco’s impending 2015 mayoral race. 

“We’re presenting [voters] a ballot measure that constitutes our core values and memorializes the agreement,” Kim told the board. “Housing balance had a large journey, and it does not stop today. Thirty percent: this is a goal we should commit to as a city. Our voters want this.”

Earlier Tuesday, Kim stood with Lee at the unveiling of 60 new affordable housing units on Natoma street. Now, without a mandate, the only guarantee the city will build more affordable housing is the mayor’s word.

Homeless in transit

Michael Redmond
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25
Homeless in transit

joe@sfbg.com

For most people, the Bay Area Rapid Transit system’s stations are just that: transitory. Walk into Powell Station, zip down the escalator and glide out on a train, destination somewhere. But for homeless people drawn to BART stations, the agency is a place to be stationary, a home and safe haven from the elements, muggings, and other hazards of sleeping on streets.

But now, BART intends to reclaim the T in its name. It wants the homeless to be transitory and get out of the stations.

Last week, the agency announced new enforcement of existing safety regulations that ensure people can evacuate a BART station in an emergency. BART argues homeless people sleeping or sitting in BART station hallways are in the way of a swift evacuation.

This legal interpretation gave BART carte blanche to scoop the homeless up and out. On the first day of the new rules, 17 homeless people were removed from Powell Station, which the agency justified to news media by repeatedly showing a video of a smokey accident that sent passengers fleeing.

“We had places where a big puff of smoke would fill the station very quickly,” Jeffrey Jennings, BART Police’s deputy chief, told the Guardian. “People were running not knowing what happened, very fearful. Other people were lying down, tripping folks. We could have had significant injuries occur because of that.”

First time offenders get a verbal warning, the second offense garners a citation, and the third offense jail time, all in the name of safety.

But the idea that homeless sleepers in all parts of a BART station may be trampled seems a little silly. Sure, there are sections of BART that are narrow and should be kept clear, but a walk through Powell Station shows 20-foot wide hallways throughout. This is where the homeless often sleep and sit.

At 8pm on a Wednesday, Powell Station is quiet and mostly empty, except for Charles T. He’s sitting in a chair right by the Powell Street entrance, strumming a guitar (skillfully), singing Otis Redding’s “Dock of the Bay.”

His voice is a dead ringer for Redding’s: “Sitting on the dock of the Bay, wasting my good time… I have nothing to live for, looks like nothing’s going to come my way. So I’m just going to sit on the dock of the Bay.”

Some still sat in Powell Station that night, flouting the new ban. A woman in baggy clothes sat by the Fourth and Market streets stairwell, cuddling her very big, very droopy-faced Rottweiler. A bald man in soiled gray pants sat along the hallway to the next exit. Slightly past him lay a man with long black hair snoring next to the wall. And at the end of that hallway, two men stayed in each other’s orbit: a slender one in a red jacket and blue jeans slept with his dirt-caked hands folded over his stomach, while a portly man sat nearby on cardboard boxes, tapping his fingers to a silent tune.

The last man we saw sat with his feet pulled under his knees by the entrance to the Westfield Centre, studiously reading his Bible as he underlined passages from Revelations. The would-be scholar, Henry Terry, 59, greeted us with a smile.

Terry was born in Los Angeles, a child of Watts who was a kid during the violent 1965 riots when 34 people died, over 1,000 people were injured, and the neighborhood burned. Terry’s mother sent him to Alabama with his father.

Terry fondly recalls growing corn, peas, watermelon, okra, squash, and sugar cane. That’s food he doesn’t have ready access to nowadays.

After bouts with the bottle and drugs, Terry cleaned himself up and got a place to live at the Hotel Essex, part of the city’s Community Housing Partnership. But alcohol lured Terry back. While in rehab, he missed an important court date, and he was evicted.

Now he spends his nights holding his Bible sitting in a BART station, seeking guidance and shelter. “The only thing getting me back to functioning is reading God’s word,” he said.

Terry’s already been ousted due to BART’s new rules. But on this day, some of the officers were more lenient. “[The officer] told me to cross my legs the entire time I’m here,” he said, “so people walking don’t trip over you.”

They also asked him to leave the commuters be. “I don’t ask for food or money,” Terry said. He just wants shelter until he can appeal his eviction.

Counterintuitively, BART Police officers who already threw Terry out once are the reason he stays there. He said the streets are dangerous, and muggings by other homeless people are common. The gates to the station go down at 12:30am, and Terry sleeps next to them because he knows the BART police will keep the muggers away.

BART argues the new rule is about safety of the passengers. California Building Code 433.3.2.2 states, “There shall be sufficient means of exit to evacuate the station occupant load from the station platforms in four minutes or less.”

Though Terry was glad the officers left him alone to sit, the Guardian saw BART police apply the law to other homeless people: usually the ones mumbling to themselves, or, frankly, the dirtiest ones.

The two men in each other’s orbit were ousted. One tall and broad-shouldered officer woke the man sleeping in the red jacket.

“Excuse me sir, excuse me. Do you know about the new rules at BART?” he asked. After explaining the ban, he said “This is the first time, so I’ll give you a warning, the second time I will cite you. The third time, you go to jail.”

The officer recommended services they could call, together. He spoke kindly, even sweetly, but the result was the same as if he had been cruel: The man in the red jacket picked up his cardboard and went out into the streets.

We told Deputy Chief Jennings about the apparent selective enforcement, questioning the law had anything to do with safety. From our four hours of observation at Powell Station, it seemed to be applied only to the dirtiest or rowdiest people, or the ones specifically sleeping, we told him.

“Our policy is someone needs to be conscious, awake, and aware of their surroundings,” Jennings told us. “There’s no selective enforcement. We only have so many officers, so officers will be drawn more to someone who is not being quiet, or having a problem.”

He also told us they had never enforced the building code before because no one had ever thought to, until the idea occurred to a newly promoted sergeant.

To its credit, BART is making inroads to help the homeless. First, transit officials went to Bevan Dufty, the director of the Mayor’s Office on Homelessness.

“I was honest and said we don’t have on demand resources and our shelters are full,” Dufty told us. The Homeless Outreach Team is stretched to the limit. Dufty suggested BART hire its own help, which it did.

Its first full time Crisis Intervention Training Coordinator, Armando Sandoval, helps pair the homeless at BART stations with housing and other services. He targets his efforts on what BART calls its 40/40 list, which tracks the 40 homeless people that generate the most service calls to BART police. A BART press release said it placed 22 people with services within the last year.

“[Sandoval] hunts them down to see if he can work his magic with these folks,” Jennings said.

Supervisor Jane Kim is working with Dufty’s office to revamp BART’s new policy. “They clearly stretched safety concerns,” Kim told us. “It’s one thing to offer services, but another to force people out.”

BART’s Quality of Life service calls doubled from 2013 to 2014, according to a BART quarterly report, generated by complaints like public urination and disturbing the peace.

A BART police officer, who did not want to be named, told us he thinks BART has a hard choice: to let riders feel harassed and unsafe, or to oust people clearly in need of compassion. He said he saw the homeless population in the station swell with “the weather and the economy.”

“We have to do what we have to do,” he told us. But on the other hand, he said, “It’s not against the law to stink.”

He’s half right. Though being homeless and dirty may not be illegal, it may get you thrown out of a BART station.

Exposing PG&E’s other “cozy relationship,” with Mayor Ed Lee

Erica Hanna
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32
Exposing PG&E’s other “cozy relationship,” with Mayor Ed Lee

News outlets from Sacramento to Los Angeles are crowing about Pacific Gas & Electric Company’s alleged “cozy relationship” with the utlity that oversees it, the California Public Utilities Commission.

At least 41 emails obtained by the city of San Bruno reveal an intimate, friendly arrangement between the monopolistic power company and the regulators that are supposed to keep them in line. Where the public would expect a separation as hard and fast as church and state, the emails reveal a buddy-buddy relationship.

This is of no surprise to long-time Guardianistas, who may remember Rebecca Bowe’s cover story three years ago “The secret life of Michael Peevey, [5/11]” chronicling the CPUC president’s extravagant trips to Madrid, Spain and Germany with top energy officials, as well as other activities that may seem strange for an official who’s supposed to be a watchdog against PG&E malfeasance.

But if world-trekking trips to pricey hotels aren’t enough to raise eyebrows about the relationship between PG&E and its regulators, now we have suspicious emails to add to the pile.

As the San Jose Mercury News revealed:

In an April 2013 email, Carol Brown, chief of staff for Commissioner Peevey, wrote to PG&E executive [Laura] Doll and offered advice about how to handle one of the proceedings related to the San Bruno explosion. In the email, Brown said she had talked to one of the PUC administrative law judges about the matter.

“Send back a sweet note” to the PUC about the matter “and then wait for them to throw a fit” was part of Brown’s advice. Brown also said she was “happy to chat” about the matter with PG&E to help guide company officials through the PUC process.

Doll replied to Brown, “Love you. Thanks.”

Even Peevey himself emailed PG&E, offering them public relations advice. It’s like an umpire sneaking around between innings to coach a first-baseman — unseemly, and totally strange.

All of this should ring alarm bells in The City. The city of San Bruno obtained the emails through settlement of a lawsuit, which are now revealing potential corruption at top levels of the CPUC. But here in San Francisco, Mayor Ed Lee flouts public records laws and, as we revealed, drafted a policy allowing him to delete his own emails.

There’s no way we can check what Lee is saying to PG&E in emails, making exposing any alleged “cozy relationship” much more difficult than PG&E’s alleged romance with the CPUC.

And the consequences for The City are very real, as well as potentially fatal. As we’ve covered before, there are PG&E pipelines aplenty in San Francisco (including one right along Bernal Hill). When San Bruno’s pipeline exploded, eight lives were lost and many more homes destroyed.

As the San Francisco Chronicle reported last month (and as we’ve said for years), Lee already has suspiciously close ties with PG&E.

From the Chronicle:

However, multiple city officials say that Lee’s administration has consistently, and quietly, raised objections about legislation and policies that PG&E opposes. They also point to the utility’s charitable giving to the city and some of Lee’s pet projects as an example of how PG&E tries to exert its influence.

…

Critics of Lee’s relationship with PG&E extend from the political left to at least five current and former high-level city officials. In some cases, several of the sources said, that relationship appeared to be inappropriate. PG&E officials regularly went to the mayor’s office when they were unhappy with city staff members, said the sources, who requested anonymity because of their relationship with the mayor.

“They were in his office all the time, meeting with either the mayor or his staff, and seemed to directly intervene in city decisions,” said one official. “It isn’t normal for most businesses in the city to always have meetings with the mayor.”

Lee, in several interviews, dismissed the idea that he was doing PG&E’s bidding as “a little off base.”

“I look at PG&E like any other company in the city,” Lee said. “I don’t think I have any special relationship with them.”

But in the case of the mayor, we may never know how close he is with the utility, as long as his off-kilter public record laws allow him to delete any paper trail. The CPUC is discovering what Lee long ago learned from former-Mayor Willie Brown: The “E” in e-mail stands for “evidence.”

tearing up emails

How you can help the 1,900 Central American child refugees in the Bay Area

Erica Hanna
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12
How you can help the 1,900 Central American child refugees in the Bay Area

There are at least 1,900 child refugees in the Bay Area from Guatemala, Honduras, and El Salvador, according to federal immigration data. These teens and young children are fleeing gang violence, kidnapping, and countries that have the highest murder rates in the world.

“We need to keep in mind the reason why these children left,” Clarisa Sanchez, a legal representative at Catholic Charities CYO told us. “They didn’t want to leave their pueblos and small cities, they’re coming here by force.”

But this is not about the problem (which we covered in last week’s paper), this is about solutions. Though President Obama recently said he may create a refugee center in Central American countries, the kids who are here now still need help. When ICE holds refugees in Bay Area detention centers, nonprofit organizations offer legal support for these children and teenagers. Unfortunately, now the nonprofits are stretched to capacity.

Only 71 of the 800 new child refugees in San Francisco immigration court had an attorney, according to data from Syracuse University’s TRAC Immigration project.

The nonprofits needs are threefold, Sanchez and other nonprofit representatives told us: They need competent volunteer attorneys, funding to hire new attorneys, and counseling services for the children. Supervisor David Campos recently passed legislation to raise the funding for these needs, but still, volunteers and donations are needed.

Counseling is a luxury some of these nonprofits have been unable to provide, as they focus on legal support to keep the kids in the US.

“[The kids] have been subjected to gang violence and drug cartels,” Sanchez said. “They’ve been hunted down by gangs threatening to kill their family. They’ve been beaten bloody in the streets.”

“They need social workers, counselors,” she said, “who can treat them emotionally.”

Some of these kids and teens will find homes with relatives here in the Bay Area, but wait a year or longer for the legal process that may keep them here or send them back to violent home countries. Sometimes these kids flee specific threats, and going home means death.

Maria Viarta with the Central American Resource Center told us one of those stories.

“So there’s a young man, he came in about three or four weeks ago. He’s 17 years old,” she said. This teenager was from El Salvador. “He was kidnapped while he was trying to sell a snow cone, off the side of a freeway, by a bridge. They beat him pretty badly. He was able to escape, but they showed up at his house and threatened his grandmother because he was living with her. If she didn’t pay them the money they would kill him.”

He then crossed the border and was caught.

“He’s a kid, a scared kid,” she said. “Being in a country riddled with violence, your innocence gets taken away.”

Seeing children and teens fleeing violence every day, hearing their stories, and facing an ever-increasing caseload, many of the legal representatives helping these children are burning out.

“When you’re confronted by someone with compassion who holds your hand with a scary process most kids end up breaking down and asking for help,” Viarta said. When she asked the 17-year-old if he could go back home safely, she said, “He was very cold… all the kids say, ‘I don’t want to go back, if I go back I am sure I am going to die.’”

Sanchez said legal representatives and children needed counseling. “I’m not a therapist, I’m not a psychologist, I’m a legal representative,” she said. “I can help him on the legal side, and we’ll do everything we can, but I don’t have the tools to treat his trauma.”

Sometimes of these crucial providers don’t come back.

“I think often times in the legal immigration community we don’t talk about the burnout rate,” Sanchez told us. “It’s high.”

What’s needed:

Funding

Pro bono attorneys (preferably with grounding in immigration law)

Counseling services

Volunteers

Who you can contact to offer help:

Central American Resource Center

3101 Mission Street

415-642-4400

www.carecensf.org

Asian Law Caucus

55 Columbus Avenue

415-896-1701

www.asianlawcaucus.org

La Raza Centro Legal

424 Valencia St. Suite 295

415-575-3500

Catholic Charities CYO

180 Howard St., San Francisco

415-972-1313

www.cccyo.org

Legal Services for Children

415-863-3762

www.lsc-sf.org

American Civil Liberties Union (ACLU)

1663 Mission St.

415-621-2488

www.aclusf.org

Photo Gallery: Graffiti artists tagging in the sunshine at Precita Park

Erica Hanna
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1
Photo Gallery: Graffiti artists tagging in the sunshine at Precita Park

Normally the sound of 20 or so artists rattling and spraying aerosol cans would be quickly followed by the sound of sirens. But Sat/19 the fades went up with gusto. 

Artists tagged free standing art boards at Precita Park for the Urban Youth Arts Festival, an event that brings the ultimate underground art into a safe space. Attendees munched on burgers and listened to some good tunes at the festival, which is now in its 18th year.

Many of the street style murals paid homage to the Bay Area, from SF to Oakland. “We’re showing our love to the aesthetic of the community,” Xavier Schmidt, a 25-year-old organizer of the event and SF native, told us. One muralist hand painted a robot adorned in SF Giants and 49ers gear punching out a Google Glass-wearing Godzilla. 

“We’ve been doing this since 1987,” Schmidt said, speaking to the event’s roots. Even the event’s hosts, the Precita Eyes Muralists Association, have deep SF bonafides: they’ve been around since 1977.

“This is for solidarity, for community,” he said. “It’s a family event.”

Kids sprayed paint and played, adults kicked back and kvetched about youngsters, SF natives complained about tech employees, and many chowed down on burgers, hot dogs, and veggies donated by the local YMCA. Local musicians A-1 and Hazel Rose came out to play too, adding the head-banging element to the day. We’ve embedded one of A-1’s tracks below. Consider it your photo gallery soundtrack.

Names of the artists have been withheld because callin’ them out on the internet would be wack. All photos by Joe Fitzgerald Rodriguez. 

https://www.youtube.com/watch?v=YKpwI4aRAzM

image1

image3

This dude’s head was bangin’ as he sprayed. We’re not sure how he managed to make it look so good.

image2

This kid was super into it, which was hilarious.

image5

image6

A San Francisco robot takes down a Google Glass wearing tech-zilla.

image7

Hazel Rose performed a bombastic set that the crowd, below, felt all sorts of love for. 

image 8

image 9

Oakland got plenty of love too.

image10

image 11

Xavier Schmidt, one of the event’s organizers, said this high schooler is a real up and comer in the graffiti scene.

image12

image13

alienexperience

Some of the art boards were for everyone to paint, leading to some dooby-ous results. (Get it? Ha!)

homer

Mmmm, donuts. 

puppy


Refugee crisis hits home

Michael Redmond
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8

joe@sfbg.com

In the small, colorful Precita Valley Community Center, a woman clutches a black ceramic goblet, circling a teenage girl with wisps of incense, and repeats the act with the 60 or so attendees. The spiritual cleansing ritual is much needed. Afterward, the San Franciscans will set their minds to saving the lives of children.

Nearly 50,000 Central American children crossed the Mexican border since October, according to federal data, fleeing targeted violence in Honduras, El Salvador, and Guatemala. This recent surge has hit home, as hundreds of those young refugees, often unaccompanied, seek asylum through immigration courts in San Francisco.

The courts often decide between life and death: Do the children stay in the safety of our sanctuary city, or return to countries from which they fled violence and chaos?

Jose Artiga, executive director of the Salvadoran Humanitarian Aid, Research and Education Foundation, told the crowd a story of life in El Salvador.

“A boy of only 11 years old waited for his grandfather one day,” he said, in Spanish. “A gang captured him, and the community organized to search for the boy. They found the child, but in six parts. The grandfather said, ‘How can I bring my grandchild back to his mother in six parts?’ This was a child. The gang showed up at the funeral, and would not let the community bury him.”

Some say the rising power of gangs sparked this surge in immigration. As President Barack Obama struggles with a bitterly partisan and gridlocked Congress to find a solution, US cities are dealing with the impacts of the overburdened immigration court system.

Now politicians of all partisan stripes, activists, and families are coming together to help the child refugees. Just last week, Sup. David Campos’ resolution to find additional aid for overburdened immigration services unanimously passed the Board of Supervisors. The next step, he told the Guardian, is to determine how best to use funds to help these children.

At the Precita Valley Community Center and beyond, activists call for that funding to reach attorneys, without which these kids will almost certainly be sent home into harm’s way.

 

OVERBURDENED

The refugees travel far. Children fleeing violence in El Salvador, Honduras, and Guatemala trek through Mexico to cross the US border, and some die in the attempt. Those who live and are discovered by Border Patrol officers along the Southwest border are held temporarily in crowded, cold detention centers in McAllen, Texas, or Nogales, Ariz.

Images of these detention centers show groups of children lying on hard floors in thin blankets, and some advocates for the refugees reported feces and urine soaking the floors. The young refugees tell officials where they have family connections, and are flown to immigration courts across the country.

One such court is in San Francisco.

In 2005, San Francisco had 227 new active deportation proceedings for unaccompanied children, according to federal data obtained by Syracuse University’s TRAC Immigration project. That number was stable until 2012 when it jumped to 450 new cases. In 2013, the number jumped again, to 820.

San Francisco now has over 1,900 pending juvenile immigration cases, according to TRAC. Most of those children are Salvadoran, Honduran, and Guatemalan. The surge is pushing organizations that help these children to the breaking point.

Lariza Dugan-Cuadra, executive director of the Central American Resource Center, knows one thing for sure: “Things have been crazy.”

CARECEN is one of many organizations providing legal representation to Central American child refugees in San Francisco. Two attorneys and two paralegals handle the bulk of cases, which jumped from 20 children a month to 60.

“All a child is given is a court date,” Dugan-Cuadra told the Guardian. “While the US guarantees the right to court, it does not guarantee the right to representation.”

While US citizens have a constitutional right to representation by an attorney, noncitizens in Immigration Court do not. And when organizations like CARECEN can’t provide an attorney, the child loses.

“We’ve heard cases where a 6-year-old will go before a judge having to represent themselves,” she said. “The judges are throwing their hands up saying ‘Are you serious!?'”

Data obtained by TRAC Immigration backs up her claim.

Nationwide, only 52 percent of unaccompanied children are represented by an attorney in deportation court proceedings.

With an attorney, judges rule in a juvenile’s favor to stay about half the time, TRAC’s research found. Without an attorney? Only one in 10 children are granted asylum.

No legal representation means no hope. The ACLU filed a class-action suit against the United States earlier this month on behalf of unrepresented child immigrants, alleging just that.

“The onus has been hard on nonprofit providers and pro-bono attorneys,” Dugan-Cuadra said, because they know the stakes. Legal Services for Children, Catholic Charities, and the Asian Law Caucus are among the organizations calling for more aid.

Many of the attorneys are experiencing burnout. One we talked to was on a vacation for her mental health. Studies by the American Bar Association show judges are burning out too, and things are only getting worse: California has 77,000 pending immigration cases backlogged in its courts.

But locally, the children bear the worst of this: TRAC Immigration’s data shows only 71 of the new 830 unaccompanied children in San Francisco were represented by an attorney as of June 2014.

And without representation, many will be sent home to violence.

 

REFUGEES OR IMMIGRANTS?

The United Nations Refugee Agency, UNHCR, said the children fleeing Central American countries should officially be considered refugees in need of asylum, a claim with legal ramifications President Obama so far has hesitated to make.

“We’re witnessing a complex situation in which children are leaving home for a variety of reasons, including poverty, the desire to join family, and the growing influence of trafficking networks,” Shelly Pitterman, UNHCR’s regional representative in the United States, said in a press statement. “Within this movement there are also children who are fleeing situations of violence at the hands of transnational organized criminal groups and powerful local gangs.”

Those fleeing violence and persecution, said Pitterman, will require access to asylum determination procedures and will need long-term protection. Others should be sent home, she said, and assisted with reintegration.

But some can’t find refuge anywhere at home, no matter where they go.

“My brother’s son was kidnapped eight years ago by extortionists,” one Salvadoran woman at the Precita center told the Guardian, declining to give her name out of fear for her family’s safety. Her brother moved to other cities, but the gangs continued to harass him and his family in provinces throughout El Salvador.

“He got letters threatening to kidnap his child. ‘We know where you live, we know where your child goes to school,'” she said. Her nephew is now 14. The last time she visited him she saw something that chilled her.

“He was approached by gangs to be recruited. I witnessed that. One day after when we were in the car, my nephew saw the gangs in another car. He hid on the floor and started to shake.”

The woman turned her head away and held back tears.

“My brother said ‘I have to take you out of here.'”

Now her nephew is somewhere safe in the United States, she said, though she would not say where. But the reason he left is clear.

“These kids don’t want to be the next dead body on the street,” Clarisa Sanchez, a Board of Immigration’s representative from Catholic Charities CYO told the Guardian.

Nationally, Republicans are calling for the mass deportation of these children. “I won’t stand idly by while our citizens are under assault and little children from Central America are detained in squalor,” Texas Gov. Rick Perry said this week, as he announced deployment of 1,000 National Guard troops along the Texas border.

But many pin the origins of the crisis squarely on the United States.

 

DRUG LEGACY

Salvadorans are familiar with violence and cruelty. In 1932, more than 30,000 Salvadorans were slaughtered in a peasant revolt called la matanza: the slaughter. Nearly 75,000 civilians died in El Salvador’s bloody civil war, from 1980-1992.

The US government intervened in that war, sending government aid to the Salvadoran government. Now the US has a hand in today’s violence in Central America, some say, as our country’s drug habits fuel cartels throughout the region. Those cartels are arming Central American gangs, whichObama admitted in a press conference last year.

“The United States recognizes that we’ve got responsibilities; that much of the violence in the region is fueled by demand for illegal drugs, including in the United States,” the president said.

Obama requested $3.7 billion emergency funding that would bring at least $64 million to immigration courts, but also at least $1.5 billion to border security and US Immigration and Customs Enforcement, a troubling addition to needed funding.

Back at the Precita Valley Community Center, Jose Cartagena pled for legal aid at the border. Cartagena is intimately familiar with the need: He fled El Salvador’s civil war over 30 years ago. As he crossed the Tucson desert, 13 of his fellow border-crossers died in the blazing southwestern heat. Only Cartagena survived. Now he’s a representative for the National Network of Salvadorans in the Exterior in San Francisco.

He called for justice.

“We have to help these kids find their families or sponsors,” he said. “If we don’t provide legal support now, the Obama administration may deport all of them. We can’t wait until it’s too late.”

If you’d like to help the efforts around the Central American child refugees, you can contact CARECEN, Catholic Charities, or Superivsor David Campos’ office.

Guardian Intelligence: July 23 – 29, 2014

Michael Redmond
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J-POP ROCKED

The annual J-Pop Summit in Japantown drew a lively crowd of anime and other Japanese pop culture treasures to Japantown last weekend (including Shin, pictured). This year’s festivities included a Ramen Festival portion, featuring noodle cooks from around the world — and lines up to two hours long to sample their rich, brothy creations. PHOTO BY REBECCA BOWE

DA LOBBYIST

Former San Francisco Mayor and current Chronicle columnist Willie Brown, often just called Da Mayor, is widely acknowledged to be one of the most politically influential individuals in San Francisco. But until recently, he’d never registered as a lobbyist with city government. Now it’s official: Brown has been tapped as a for-real lobbyist representing Boston Properties, a high-powered real-estate investment firm that owns the Salesforce Tower. News outlets (including the Bay Guardian) have pointed out for years that despite having received payments for high-profile clients, Brown has never formally registered, leaving city officials and the public in the dark. Da Mayor, in turn, has seemed unfazed.

GAZA PROTEST

On July 20, marked as the deadliest day yet in the Israeli-Gaza conflict, hundreds of pro-Palestinian protesters gathered in San Francisco to march against the ongoing violence. Waving flags, participants chanted “Free, free Palestine!” and progressed from the Ferry Building to City Hall. It was just one of hundreds of protests staged worldwide in response to the bloodshed. As of July 21, the Palestinian death toll had risen to about 500, while 25 Israeli soldiers were killed. PHOTO BY STEPHANY JOY ASHLEY

PET CAUSE

Last year, the SF SPCA (www.sfspca.org) assisted with over 5,000 cat and dog adoptions. With its new adoption center near Bryant and 16th Streets, which opened June 13, it aims to increase capacity by 20 percent — saving 1,000 more furry lives in the process. The new facility features improved condo-style enclosures rather than cages, a small indoor dog park, and SF-themed climbing structures for cats. (So far, there’s a Golden Gate Bridge, a Transamerica Pyramid, a cable car, the Sutro Tower, and the SF Giants logo; a Castro Theatre design is in the works.) These improvements make the shelter life more comfortable for the animals, but they also help entice visitors, making the adoption process “a fun, happy experience,” says SF SPCA media relations associate Krista Maloney. See more kitties and puppies at the Pixel Vision blog at www.sfbg.com. PHOTO BY CHERY EDDY

MIX IT UP

The quarterly SF Mixtape Society event brings together people of all, er, mixes with one thing in common: a love of the personally curated playlist. This time around (Sun/27, 4pm-6pm, free. The MakeOut Room, 3225 24th St, SF. www.sfmixtapesociety.com) the theme is “Animal Instinct.” You can bring a mixtape in any format to participate — CD, USB, etc. (although anyone who brings an actual cassette will “nab a free beer and respect from peers.”) Awards will be given in the following categories: best overall mixtape, audience choice, and best packaging. Hit that rewind!

CODERS FOR KOCH

This week San Francisco plays host to the Libertarian conference/slumber-party Reboot 2014, aimed at — you guessed it — tech workers. Conservatives and government-decrying libertarians are natural allies, wrote Grover Norquist, scion of the anti-tax movement, in the pages of the Wall Street Journal. Uber swerves around transportation regulations, Airbnb slinks under housing regulations. It’s no wonder politically marginalized libertarians are frothing at the mouth to ally with Silicon Valley’s ascendant billionaires. Reboot 2014 speaker Rand Paul’s recent meeting with Mark Zuckerberg, Sean Parker, and Peter Thiel should have liberals all worried.

BART CLEANSING

BART announced via a press release they’d begin “ensuring safe evacuation” of downtown BART stations. By this they mean they’ll start sweeping out anyone sitting or laying down in the stations, clearly targeting the homeless. Deflecting those accusations, BART said they are one of the few transportation agencies with a dedicated outreach and crisis intervention coordinator, as if that gives them a pass.

CLIFF JUMPING

At 66, Jimmy Cliff put on one of the most energetic live shows we’ve ever seen on Saturday, July 19 at the Fillmore, high-kicking through newer songs, like “Afghanistan,” an updated version of eternal protest song “Vietnam,” as well as the classics: “The Harder They Come,” “Many Rivers to Cross,” etc. Check the Noise blog at www.sfbg.com for a full review.

 

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