Volume 40 Number 29

Apr. 19 – Apr. 25, 2006

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Sunshine smoke screens

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EDITORIAL There are danger signals coming out of City Hall these days, some not-so-subtle indications that the city’s open-government laws might be quietly coming under attack. Consider:

The City Attorney’s Office has filed an action in Superior Court to have library activist James Chaffee declared a "vexatious litigant." That would stop Chaffee from filing any more legal actions to try to force the Library Commission which has a terrible record on open government issues to comply with state and local laws.

Chaffee is a former chair of the Sunshine Task Force. In 1999 and 2002, he filed a string of suits against the library (all of them lost, the city says) and he’s filed a few actions since then. He’s acted as his own attorney in almost every case. Some of them, frankly, were a little obscure: Changing the public-comment time at a meeting from three minutes to two minutes isn’t the sort of thing that typically requires a lawsuit to resolve. But his work, in and out of court for 31 years, has unquestionably had a positive impact on library openness and has infuriated the Library Commission, which is pushing this action. Chaffee’s last lawsuit was filed more than a year ago. Why go after him now?

The Chaffee litigation comes at the same time as a Sunshine Task Force committee has been quietly discussing ways to handle activists who file repeated, numerous, and extensive records requests. The target in that case is Kimo Crossman, who has filed dozens of requests seeking information related to the city’s dealings with WiFi contractors. We realize he’s flooded the City Attorney’s Office with requests, and it’s costing the city a whole lot of money to deal with them. But his basic point that the entire WiFi contract talks have been far too secretive is absolutely true.

And the question never came before the entire task force, which should have had an open, well-publicized discussion on the issue and sought ways to address it. Instead, David Pilpel, chair of the task force’s Education, Outreach, and Training Committee, called a special hearing on the matter March 22. The meeting, on "abusive, burdensome, excessive, and/or harassing" records requests, was poorly noticed and poorly attended, and Pilpel gave the City Attorney’s Office and the library plenty of time to make their cases, while limiting Crossman and Chaffee to three minutes each.

The full task force essentially rebuked Pilpel at the next meeting, March 28, and task force attorney Ernest Llorente has drafted new rules for special meetings.

Meanwhile, Sunshine Task Force chair Doug Comstock may lose his seat. The supervisors have reappointed all of the sitting task force members except Comstock; Sup. Sean Elsbernd is making an issue of Comstock’s role as a campaign consultant. This one ought to be simple: Comstock was a key part of the campaign to pass the Sunshine Initiative in the first place, led the effort on the latest round of reforms, has been an excellent chair and has been on the public-interest side of every significant issue that’s come before him.

All of this backroom dealing and overreaction has us worried. The issue of "excessive" public records requests is tricky and has the potential to lead to some terrible legislation or rules. It needs a lot more public discussion; the task force ought to schedule a full hearing on it, with plenty of time to thrash out all sides, before anyone proposes any possible solutions. There’s no need to go to court against Chaffee right now, and it sets a bad precedent. City Attorney Dennis Herrera ought to drop the case and tell the Library Commission that it ought to act like open government matters and if it wants to silence critics, it can find the money to hire its own lawyers.

And the supervisors need to reappoint Comstock, who is exactly the kind of person the task force needs as a leader at a critical time like this for open government. SFBG

For more background, including an open letter from Chaffee and the City Attorney’s motion, go to www.sfbg.com.

Read James Chaffee’s response

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Contact: James Chaffee 584-8999 

SaveOurLibraries.com / savebooks@pacbell.net

Being Vexatious Down At the Public Library Is a Virtue

Open Letter to the SF Bay Guardian

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The right housing fees

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EDITORIAL The San Francisco Chronicle has finally noticed what we reported a month ago: The Board of Supervisors has effectively put in place a moratorium on new market-rate housing on the east side of the city. We hear that city planners are looking for loopholes to undermine the temporary ban, but the intent of what the supervisors did is clear: Until there’s a detailed and valid review of how new high-end condos and lofts impact blue-collar jobs and low-income housing, the developers will have to let their demolition and excavation equipment idle.

Meanwhile, Sup. Chris Daly is moving to increase significantly the amount of low-cost housing that private developers have to build to win permission for future projects. Daly’s legislation is a good start and sets the right tone for the debate, but the board should go even further.

The Daly plan would apply to almost all new market-rate housing built anywhere in the city and would take effect whenever the moratorium ends. It would require most developers to offer 15 percent of the units of any project for less than market rates, and that number would jump to 25 percent if the affordable housing was built on another site. In other words, a builder who wants to put up 500 luxury condos in SoMa would have to build 125 affordable units somewhere else in the city.

That’s nice, but it’s not enough.

The city’s own general plan makes it clear that 72 percent of all new housing needs to be affordable to moderate- and low-income people. And the planning process for the eastern neighborhoods has still offered no proposals for how to make that happen.

At the same time, of course, the plans to intensely develop an area poorly served by transit and generally bereft of public infrastructure and open space utterly ignore the fact that it will cost hundreds of millions of dollars to create real neighborhoods (instead of clusters of heavily fortified, gated buildings).

Daly’s got the right idea: Developers are making a fortune building million-dollar condos in San Francisco, and they can well afford to give the city a whole lot back. But it’s worth taking a longer approach here and considering the price of bringing as many as 100,000 more people to SoMa, Potrero Hill, Dogpatch, the central waterfront, and BayviewHunters Point and figure out who is going to pay for it.

Daly could start by asking for a detailed independent study of what it really costs a developer to build new condo units in the city and what the current profit margins are. Then take the city’s affordable-housing needs, the need for public-sector development, and the estimated new tax revenue and compare: Can fair taxes and requirements on the developers raise enough money to meet the city’s needs?

And, if not, we get back to the question this paper has been asking for over a year: Why are we building any new market-rate housing, anyway? SFBG

 

{Empty title}

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tredmond@sfbg.com

Editor’s notes

I used to say San Francisco politics was a contact sport, but these days I think it’s more of a steel-cage match, which is generally fine with me. I have no beef with blood sport, and most of us are consenting adults who chose of our own free will to participate in this high-stakes game. But even ugly fights have unwritten rules, and one of them is that you don’t make disparaging comments about people’s gender, race, or sexual orientation. It’s just not OK.

I mention this because there’s a pretty serious furor in the queer community over an attack by developer Joe O’Donoghue on transgender activist Robert Haaland.

Ol’ Joe, who also likes to think of himself as a poet, is fighting with Haaland over Proposition D, which would bar the city from sending some mentally ill people to Laguna Honda hospital (and would, as an aside, rezone lots of city-owned land for private nursing homes). Haaland works for the big city-employee union, Local 790, which is campaigning against Prop. D; O’Donoghue, who is a major backer of the measure, has decided to personalize the campaign. In a lyrical missive that’s been widely distributed, O’Donoghue refers to "our transfigured Robert" and (in the not-so-subtle cloak of biblical language) suggests that Haaland is a bitter and angry human being because he was born a woman. Another letter refers to Haaland as "Robbi" and threatens to donate to the Prop. D campaign the same amount of money as the city had to pay to Haaland to settle a transgender police-harassment case. It’s actually pretty vicious stuff.

Some queer leaders are arguing that there ought to be a city law banning political "hate speech," which is entirely the wrong approach: You can’t outlaw any kind of speech without bad First Amendment problems. But we all can, and should, tell O’Donoghue (whose political statements are getting increasingly mean-spirited and personal) that he’s crossed a very big line and that if he’s going to pull shit like this, he’s no longer welcome in local politics. The guy has a lot of campaign money to throw around, and it’s tempting even for folks on the left to take it. But every decent San Franciscan ought to tell him to take a hike.

Now this: I’ve enjoyed all the historical stuff in the San Francisco Chronicle and the San Francisco Examiner about the 1906 earthquake, but everyone’s leaving out one of the best parts. It was the failure of the private Spring Valley Water Company to maintain its pipes that helped doom firefighting efforts and that was a big factor in the passage of the Raker Act, which gave the city a public water system. Of course, the Raker Act also required us to run a public power system, which (as I’ve probably mentioned a time or two) has been blocked by Pacific Gas and Electric Co. all these years.

And this: The axes are falling with fury over at the Village Voice, where longtime Washington bureau chief Jim Ridgeway one of the top alternative press reporters in the country was canned the first week in April, and writer Jennifer Gonnerman resigned. Sydney Schanberg, the Pulitzer Prizewinning media columnist, had already left, and the Bush Blog had been canceled. All of this drew the attention of Democracy Now, which did a lengthy report April 13. They even got me out of bed at 5:30 a.m. to join the East Coast discussion. Somehow, though, nobody from the Phoenix-based New Times crew that just bought the Voice was available for comment. Chickens. >SFBG

For a full transcript, go to www.sfbg.com.

In SF, health care for all

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OPINION The question before us as San Francisco voters, health care providers, activists, legislators, and consumers is: "Can our community provide access to health care for people who work?"

In a surprising, welcome, and wise political partnership, Sup. Tom Ammiano and Mayor Gavin Newsom have joined their hearts and minds in a two-pronged approach to improve health access. The scope of the problem is simple.

In San Francisco, 84 percent of workers are privately insured. Employees contribute through premiums and co-payments. But there are now 82,000 uninsured adults in San Francisco. They rarely use preventative or primary care health services and (because of cost) only pursue health services when acutely ill. The overwhelming majority find their way to the overburdened emergency department at San Francisco General Hospital, where the taxpayers pick up the cost, estimated at more than $29 million a year.

It’s difficult and prohibitively expensive for individuals to get private health coverage. So group insurance is the obvious solution and right now, that means insurance from employers.

The first of two complementary endeavors, initiated in November 2005 by Supervisor Ammiano, is the Worker Health Care Security Ordinance. It would direct employers with 20 employees or more to provide health insurance or contribute financially toward paying the cost of health care services for uninsured employees who work at least 80 hours a month.

The second part of the initiative comes from Mayor Newsom, who appointed a 37-member Universal Health Care Council, which will submit recommendations by May 2006 for a "defined benefits plan" establishing a "medical home" for the uninsured. It will also clarify the scope and cost of defined services, such as prevention and primary care, including behavioral or mental health services, dental health services, and prescription drugs, all in a plan delivered by the Department of Public Health clinics and the nonprofit coalition of community clinics.

San Franciscans overwhelmingly support universal health care.

By May the Universal Health Care Council, led by Sandra Hernandez, who runs the San Francisco Foundation, and Lloyd Dean, CEO of Catholic Health Care West, will recommend the scope of a plan, and health care benefits and costs, for both uninsured employees and the unemployed. For uninsured employees, this defined benefit plan could be heard at the same time as the final hearings on the Worker Health Care Security Ordinance currently in the budget and finance committee.

The opportunity to legislate a defined health care benefit for 30,000 uninsured working people in San Francisco is a historic step forward in improving the health status of all San Franciscans. Let us join both Sup. Tom Ammiano and Mayor Gavin Newsom to make history by the summer of 2006 and expand health coverage to working San Franciscans. SFBG

Roma Guy is a member of the clinical faculty of the Health Education Department at San Francisco State University and a city health commissioner.

Arnold and Emily

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This is a story about a muscle-bound governor, a nine-year-old girl, and some polar bears. The governor is Arnold Schwarzenegger, the girl is Emily Magavern, and the polar bears or at least photos of them served as backdrops for a pair of speeches the two gave on global warming.

Emily, the daughter of a Sierra Club lobbyist, gave her speech in Sacramento on April 3 at a press conference outlining legislation that Democratic lawmakers have introduced to create a mandatory limit on greenhouse gases.

“I don’t want the polar bears to lose their homes,” Emily told the gathering.

That bill was triggered by a report from the Climate Action Team, which was commissioned by Schwarzenegger in June 2005 to recommend how California should address global warming. The report’s suggestions include a tax on gasoline, the monitoring of factory emissions, a cap-and-trade system (which caps the amount of greenhouse gases that factories may produce and sets up a trading market in which businesspeople can buy or sell emissions credits), as well as other less contentious initiatives.

But when Schwarzenegger came to San Francisco April 11 to outline his recommendations, he embraced almost none of the controversial schemes, with the exception of mandatory reporting of emissions (something most factories don’t now report), even as he claimed climate change to be a “most pressing issue.”

“The debate is over, the science is in, and it’s time for action,” boomed Schwarzenegger, who then contradicted his own call to action by telling the crowd that he was concerned about scaring businesses out of the state. “Must take cautious steps and the right steps.”

There are telling contrasts between the approaches of our tough-talking governor and this soft-spoken little girl. In some ways it seems their roles are reversed, with Schwarzenegger unwilling to connect cause and effect and Emily taking a more mature view of the problem.

Emily diagnosed what is essentially a simple problem. Humans are causing cataclysmic, global climate changes through excessive consumption of fossil fuels. The changes are having a negative impact on many species, including polar bears in the Arctic and animals closer to home, like California’s state bird, the California quail.

Some of the top contributors to the problem are the humans living right here in California, which is the world’s 12th largest producer of greenhouse gases, of which 58 percent come from cars. The solution: Burn less fossil fuel, even if that’s a difficult thing to do.

“We can’t rely on oil forever,” Emily said.

In contrast, Schwarzenegger spun a compelling vision of what California’s future would be like if it cleaned up its greenhouse gas emissions. Yet he remains politically intimidated by business interests, such as the California Chamber of Commerce and the California Manufacturers and Technology Association, which says that addressing global warming would hurt the state’s economy.

In the beginning of his speech at San Francisco City Hall, Schwarzenegger touted the need for immediate action by developing a mandatory reporting and cap-and-trade system, emphasizing the economic benefits of recently implemented initiatives. Yet he later said he opposed caps, leaving it unclear how such a system would work or exactly what he’s calling for.

“We should start off without the caps until 2010,” Schwarzenegger said. “Caps could scare off the business community.”

Schwarzenegger’s response has many global warming advocates feeling deflated, while a number of businesses are breathing sighs of relief. The governor also appears to be letting the driving public off the hook by refusing to support the gas tax that his committee recommended, a problem addressed by Emily.

“If people try to not drive cars as much and try to drive cleaner cars, that would help the problem,” Emily said.

There are also many grown-ups out there who agree with Emily and say that dealing with global warming may be difficult, but doing so proactively and taking a lead role in the effort might actually help the state’s economy by encouraging development of new technologies and industries rather than hurt it.

“The chamber’s very good at having 20/20 vision in the rearview mirror,” said Bob Epstein, cofounder of Environmental Entrepreneurs. “All businesses need are the creation of simple rules, and then the legislators can step back and let business innovate.”

That seems to be what the legislature is trying to do, with Assembly Bill 32 seeking to cap factory emissions and reduce them by 30 percent by the year 2020. But whether the governor will sign this bill (and others to come) and start saving the polar bears and Emily’s generation is a question he seems unwilling to address. SFBG

 

Invisible minority

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A new community-based research report on Pacific Islanders Tongans, Samoans, Hawaiians, Fijians, and other Polynesians reveals disproportionately high dropout, arrest, and depression rates among the population in Oakland.

In the 2000 to 2001 school year, for example, 47 Pacific Islander ninth graders were enrolled in the Oakland Unified School District. By the 2003 to 2004 school year, when those students would have been seniors, only 14 Pacific Islanders were enrolled in the 12th grade.

Pacific Islander youths also have the second-highest arrest rate in Alameda County and the highest arrest rate about 9 in 100 Pacific Islanders each year in San Francisco County, according to the Asian/Pacific Islander Youth Violence Prevention Center.

Often grouped under the larger Asian and Pacific Islander category, Pacific Islanders’ experiences are overshadowed by larger groups like Chinese and Japanese Americans.

"We’re invisible," Penina Ava Taesali, a researcher of the report, told the Guardian. "All we have is anecdotal data on issues. In every segment of the government city, county, state, and federal there’s no data."

Taesali, who is the artistic director of Asian/Pacific Islander Youth Promoting Advocacy and Leadership, said that when she first began working for AYPAL eight years ago, she expected to see a program for Pacific Islander youths and was surprised to see none. She helped create the youth program Pacific Islander Kie Association (PIKA) in 2001.

She is among those now trying to figure out why this relatively small cultural group is having such disproportionate problems and how they might be solved.

Culture Clash

The first wave of immigration from the Pacific Islands came after World War II. During the war many Pacific Islands, including Hawaii, Tonga, and Samoa, were occupied by US troops. Previous to that, many Pacific Islands were colonized by Europeans.

After the United States loosened its immigration policies in 1965, more and more Pacific Islanders moved to the US, as well as to New Zealand, Australia, and Canada. First men, then women, moved abroad for better jobs to send remittance back to the islands. Between 1980 and 1990, the US population of Tongans rose 58 percent.

When the 2000 US census was released, many were also surprised to learn that there are more Pacific Islanders living in California than in Hawaii: 116,961 compared with 113,539. The Bay Area including Oakland, San Francisco, and San Mateo is home to 36,317 Pacific Islanders.

Now a new generation of Pacific Islander Americans is growing up and learning to navigate family, school, and church but many are feeling alienated from all three social structures.

"A lot of times, within Pacific Islander families, the children are very much seen but not heard," Venus Mesui, a community liaison at Life Academy and Media Academy high schools in Oakland, said. "They’re not really able to express themselves at school or at home. Depression comes along with that, because they don’t have the know-how to express themselves in a positive manner. They don’t have a space, or they don’t feel safe, to voice their opinions."

The report also revealed that several youths who were interviewed said domestic violence and corporal punishment occurred within their families.

Pelenatita "Tita" Olosoni, 18, told us she wished more parents would visit the schools to see what’s really going on.

"Parents think school out here is easier than back on the islands," Olosoni said. "It would be helpful if they took time off from work to see what kids are going through every day."

According to Mesui, parents need to be trained in how to support their children, particularly if they attend underperforming schools.

"I know all of the parents want their kids to succeed, but unfortunately, older siblings are asked to take care of the younger ones, and this doesn’t prepare them with good habits that will make them successful in school," Mesui, who is Hawaiian, said.

Olosoni said she and other Pacific Islander students have had to stay home and miss weeks of school to take care of their younger siblings and cousins.

Christopher Pulu, a 15-year-old freshman at Oakland High whose father is a landscaper, said, "That’s what the majority of our fathers do." Most Pacific Islanders in the US are laborers, and 32 percent live below the national poverty level, according to 2000 US census data.

"They always need an extra hand," Olosoni told us. "So the boys will drop school and see it as an easy way to make money and work with their dads."

"Big-boned and heavy-handed"

Like many minority groups, Pacific Islanders suffer from stereotypes. The prevalent minority myth that all Asians (though most Pacific Islanders do not consider themselves Asian) do well in school actually hurts groups like Pacific Islanders, Cambodians, and Hmong, according to Andrew Barlow, a sociology professor at UC Berkeley and Diablo Valley College.

"Most people say we’re big-boned and heavy-handed," Olosoni said. "When Tongans get in trouble, the whole Tongan crew gets in trouble."

Olosoni remembers the day she, her sister, and three friends were called into the principal’s office after a lunchtime fight at Castlemont High School in East Oakland. The security guard called another guard on his walkie-talkie and said, "Gather all the Tongans in the office," Olosoni recalls.

"I was like, ‘No, they didn’t go there,’" she told us. "It was just the five of us involved in the fight, but they called in all the Tongans." After the fight, the five Polynesian girls were given a one-week suspension.

Because Pacific Islander youths only make up 1.2 percent of a district’s population, they are usually a small but visible group within each school. While security guards may not be able to call "all Latinos" to the office, for example, they can do so with a smaller population like Tongans, Barlow said. He said that being so easily targeted increases solidarity within the community but may also lead to insularity and even more stereotyping.

"When people are denied opportunities and when they’re treated unequally, the way they’re going to deal with that is increasing reliance on their community and increasing ethnic solidarity," he said.

Barlow, who teaches courses on race and ethnicity, told us stereotypes are just a part of the problem. Larger systemic issues such as the economy, access to jobs, and educational role models are just as crucial.

"Tongans are already coming into American society with a lot of problems caused by colonialism," Barlow says. "If you don’t have access to a very wealthy school district, if you don’t know people who have access to good jobs, if you don’t have a high degree of education, then you’re in trouble."

A New Generation

Pulu said he hopes to be the first in his family to attend and graduate from college. He has received at least a 3.5 grade point average every semester and attends church regularly.

At the beginning of the school year, his multicultural education teacher asked him to go to the front of the class and point out Tonga on a world map.

"It doesn’t stand out," Pulu said. He is energetic and enthusiastic and doesn’t mind educating others about his culture. "Most people think it’s a part of Hawaii."

Mesui said Pacific Islanders have come a long way. Though the report focuses on a lot of struggles, Mesui said that she has personally seen increasing numbers of Pacific Islanders graduate from high school and go on to college, including her three children.

She believes schools should address the issue of youths who don’t have support at home.

"When they’re not in school, they’re doing something else," Mesui said. "The majority of the arrests are due to them not going to school and getting in trouble on the streets. And I think it falls on the school we’re not doing something to keep them here."

Olosoni said she knows of 3 Tongan youths in the last school year who were kicked out of Castlemont out of about 15 Pacific Islander students in the school for cutting class.

"It comes from the lack of them getting help from people of their own kind to help them understand things better," Olosoni said. She is now attending adult school and working on her GED.

Over the years Taesali has pushed for more programming in the community. PIKA now has about 40 youths who meet every Tuesday afternoon at an Oakland high school.

"If we got more Pacific Islander staff and teachers, there would be immediate results," Taesali said. "I have no doubt about it."

Taesali sees Pacific Islander students engaged when they learn about their own culture.

"Every time we’ve done workshops on Pacific Islander history and culture, [the students] just don’t want to leave," she said. "They are so happy to be learning about their culture." SFBG

Dede Wilsey’s whoppers

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An aggressive and misleading campaign against Saturday road closures in Golden Gate Park by the Corporation of the Fine Arts Museums spearheaded by its board president, Dede Wilsey appears to be backfiring as the proposal heads for almost certain approval by the Board of Supervisors.

Yet the Healthy Saturdays proposal by Sup. Jake McGoldrick which would close from May 25 to Nov. 25 the same portion of JFK Drive now closed on Sundays, a six-month trial period to study its impacts still needs the signature of Mayor Gavin Newsom, who has not yet taken a position.

And there are rumblings that even if the measure is approved either with Newsom’s signature or an override of his veto Wilsey and her supporters intend to attempt a referendum that would effectively kill the project if they can gather 20,000-plus valid signatures within 30 days. City law requires the targets of referendums to be placed on hold until the vote, which would occur this November.

The proposal got its first hearing April 14, when the Land Use Committee unanimously recommended it be approved by the full board (which will consider the matter April 25). The long and emotional hearing showed sharp divisions between the environmentalists and recreational park users who support closure and the de Young Museum benefactors and park neighbors who oppose it.

It also unmasked the deceptive tactics being employed by Wilsey and museum director John D. Buchanan, who coauthored an April 7 letter to de Young Museum members and April 4 memos to museum trustees and staff urging opposition to Healthy Saturdays and implying the museum’s survival was at stake.

"Closure of JFK Drive on Saturday has twice been voted down by the electorate and has been shown to be unpopular in polls for the last decade. While Sunday closure is a reality, road closures severely compromise access to the museum, particularly for seniors, families, persons with disabilities, and anyone who cannot afford the cost of the parking garage," they wrote. This information was parroted by many who argued against the closure.

Yet the letters were grossly misleading and at least 16 museum members wrote angry letters to the museum protesting the Wilsey-Buchanan position. The Guardian obtained the letters through a Sunshine Ordinance request. One writer called the museum campaign "self-serving and deceptive," while another wrote: "I take issue with undertaking a letter campaign using my donations."

Contrary to what the April 7 letter implies, people with disabilities are allowed to drive on the closed roads, and McGoldrick has now incorporated into the measure all recommendations of the Mayor’s Office of Disability. The letter also never indicates that the closure is temporary, that free parking is available a short walk from the museum, or that the public voted on the proposal just once, albeit on two competing measures that were each narrowly defeated, in November 2000.

At that time, with polls showing public support for the Saturday closure proposed in Measure F, museum patrons tried to scuttle the closure by qualifying a competing Measure G, which would have delayed the Saturday closure until after completion of the parking garage. In the ballot pamphlet, Wilsey, the California Academy of Sciences, and other opponents of Measure F wrote arguments for the ballot handbook promising to support Saturday closure once the garage was completed, as it was last summer.

"The Academy supports the closure of JFK Drive on Saturdays once the efforts of Saturday closure have been studied, alternative transportation measures are in place, and the voter-approved, privately funded parking facility is built under the Music Concourse," one statement read.

At the hearing, McGoldrick asked Wilsey why she is reneging on her promise. Wilsey said that she wrote her statement in 1998 while her husband and dog were still alive, before she had raised $202 million for the museum renovation, and back when "we were not in a war against terrorism. Almost nothing that was true in 1998 is true today."

Wilsey did not respond to our request to clarify her response or explain other aspects of what appears to be a calculated campaign of misinformation. For example, she and other museum spokespeople have been saying publicly that museum attendance on Saturdays is far higher than on Sundays because of the road closure.

When we spoke with museum spokesperson Barbara Traisman, she said the de Young receives 15 to 20 percent more visitors on Saturdays than on Sundays. Yet she refused our request to provide the attendance data to support her statement just as museum officials have ignored requests by McGoldrick for that data for the last three weeks telling us: "That’s too onerous to ask someone to do that."

So on April 13, the Guardian made an immediate disclosure request for those records under the Sunshine Ordinance. The next day, just as the hearing was getting under way, Wilsey turned those records over to McGoldrick.

The documents showed that on 10 of the 23 weekends that the de Young has been open, attendance on Sundays was actually higher than on Saturdays. By the end of the hearing, even committee chair Sup. Sophie Maxwell who had voiced concerns about Saturday closure and was not considered a supporter voted for Healthy Saturdays, joining the board’s progressive majority of six that has already signed on as cosponsors. SFBG