Volume 41 Number 16

January 17 – January 23, 2007

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The new Vietnam

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EDITORIAL And now, President George W. Bush wants to commit another 20,000 troops.

Twenty thousand more US kids, going to fight a war that can’t be won. Twenty thousand more lives in potential danger for no imaginable purpose. This isn’t the "surge" Bush has invoked; it’s an escalation, one reminiscent of the worst days of the Vietnam War, when Presidents Lyndon Johnston and then Richard Nixon sent more and more troops into a quagmire from which there was no good exit. If anything, Iraq is worse: when the United States fled Vietnam, there was at least a stable government to take over.

Bush has given the Democrats a huge opportunity here, a chance to create the sort of political sea change that only comes once or twice a decade. Watergate set the Republicans back for much of the 1970s. The energy crisis and the Iran hostage situation knocked the Democrats out of power in the 1980s, and Bill Clinton’s health care fiasco gave the GOP control of Congress in the 1990s. The Iraq War gave the House and Senate back to the Democrats last fall — and the Bush escalation could give them back the White House in 2008.

This is the end of the Bush presidency. Iraq will poison any Republican who sides with the president and supports the escalation. And it will be political gold for Democratic candidates and leaders — if they are willing to seize the opportunity.

That’s not by any means certain. Bush still has an ace in the perception hole: his spin team will insist that opposing funds for the increased military action will amount to a failure to support the troops. Democrats in Congress have refused to confront that line in the past — and with the party’s fear of being seen as soft on national security, it’s entirely possible that House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid will be outspoken in their criticism of the policy but cautious when it comes to cutting off funds.

That would be a serious mistake on every level.

Remember: the odds are very good that many of those 20,000 soldiers will never make it home and that many, many more will come home mutilated and maimed. The odds that this surge will succeed in controlling violence in Baghdad are next to zero. And since Bush is acting unilaterally, without congressional assent, the only way to stop this madness is to cut off funding.

Pelosi has been devoting most of her energy and political capital to the rather modest advances of the "100 hours" strategy. But frankly, nothing on her agenda is as important as ending the war. The House and Senate leadership need to move immediately to eliminate funding for any troop escalation. *

The governor’s wimpy health plan

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EDITORIAL The good news — and it’s very good news indeed — is that the governor of California has followed the lead of the city of San Francisco and is talking seriously about a universal health care plan. This is the first time since the early days of the Clinton administration — before the insurance companies destroyed even a modest hope of national reform — that we can sense real momentum toward the creation of a new policy to address one of the most pressing issues in the country.

But let’s be clear: the governor’s proposal falls far short of real reform. It has a few attractive features, but overall it’s underfunded, at points dysfunctional — and ducks the most basic problems with the state’s health insurance system.

Like Bill Clinton, Arnold Schwarzenegger starts with a failed premise — that private insurance, linked to employment, can somehow solve the problem. The evidence against that is so clear it’s frustrating even to have to make the argument. Private health insurance is expensive and inefficient; the amount of money that’s wasted on overhead and profits is staggering (as much as 30 cents out of every health care dollar never makes it to any hospital or clinic). The incentive to bilk consumers, avoid covering the sickest of patients, and reward suffering is disgracefully high. The fact that the United States is the only Western industrialized country without a functioning national health care program is a direct result of the fact that private insurers run the show.

Employer-based health insurance is a failed system too, an amalgam that grew out of the federal government’s failure to recognize the need for a national health system in the postwar era and the demands of unionized workers for better benefits. Workplaces offer insurance companies what they want — large pools of people among whom to share the risk. But linking insurance to employment is obviously a bad idea at a time when more and more people are working part-time jobs, contract jobs, or a series of different jobs for different companies — and when small businesses (which create most of the jobs in the country) are getting hammered by double-digit annual increases in health insurance premiums.

So any plan that accepts the private-sector hegemony over health insurance is doomed to fail in the long term.

The Schwarzenegger plan has another dangerous component: the proposal would require everyone in the state to buy health insurance (at the risk of criminal penalties for noncompliance). That, of course, is an insurance industry dream — it makes the entire population a captive customer base. And while the governor promises to offer lower-cost plans and subsidies for the poor, there’s nowhere near enough money in his proposal to make private insurance affordable to all. Low-income people would be driven to buy high-deductible plans, which undermine the entire idea of universal health care. And middle-class people who don’t have employer-based plans may be devastated: in San Francisco, for example, a family of four living on $60,000 a year would have to put as much as $10,000 of that into health insurance or risk steep fines.

The overall financing is shaky — the governor is counting on federal funding to help put an additional 630,000 people on the Medi-Cal rolls, but Congress has a long list of spending priorities, and there’s no guarantee this one will make the final cut.

There are things to like about the plan, particularly the goal of covering all children in the state, including the kids of undocumented immigrants. And the very fact that the ambitious governor of the nation’s largest state is willing to stake so much on health care reform is encouraging.

But the legislature is under no obligation to start the discussion with the governor’s plan. There’s already an excellent bill out there: SB 840, by Sen. Sheila Kuehl (D–Santa Monica). Her suggestion: get the insurance industry out of the game altogether and create a statewide fund, with premiums paid by employers and individuals, that would cover all Californians. It would save businesses in the state a fortune (and thus give the economy a jolt), cut down on waste and fraud, allow people to move from job to job without fear of losing health care, and give the government a strong incentive to push for lower drug costs.

That’s where the debate ought to begin. *

Where are the chicks?

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› amanda@sfbg.com

It’s a warm, blue-sky day in late November, and about 35 people are gathered outside one of the National Park Service buildings in the Presidio, trading tales of where and when they last saw California quail. Point Reyes is named most frequently. The Marin Headlands get a few nods from the bird enthusiasts. Strybing Arboretum in Golden Gate Park raises a minor cheer. Someone mentions "Quail Commons" in the Presidio, and an "Ooh" ripples around the circle, but it turns out the sighting was a while ago.

The enthusiastic volunteers, mostly bird lovers and Presidio neighbors, have turned out for today’s annual Quail Habitat Restore-a-Thon, an event aimed at transforming Quail Commons, the quarter-acre sliver of property located behind the Public Health Service Hospital on the western edge of the Presidio, into the national park’s premier quail habitat.

And the handful of quail that still live in the Presidio will surely appreciate it — although they might have a better time if only there were some ladies around.

Unfortunately, there aren’t. After a long morning of trimming back trees and planting sprouts of native coffee berry and coyote bush, Damien Raffa, a natural resources educator for the Presidio, confirms all the rumors that have been raked up with the weeds: the quail population has reached a new low. There are just six remaining in the Presidio. And yes, they’re all male.

The demise of the local quail population sounds like something only bird nerds would be fluffing their feathers over, but the strange thing is that the birds didn’t just fly away while the binoculars were trained elsewhere. A concerted effort to save the city’s quail population was made by multiple parties, costing thousands of dollars and using hundreds of work hours.

In 2000 the Board of Supervisors named the sociable fowl with the cunning head plumage the official bird of San Francisco. Since the informal inception of the Habitat Restore-a-Thon in the late ’90s, the number of volunteers has increased more than fivefold, and hundreds of park staff hours have been spent restoring habitats to the quail’s particular standards.

The Golden Gate Audubon Society dropped $15,000 on a Quail Restoration Plan and budgets $6,000 a year for the project. In the Presidio education has included a Web site, bright yellow "Quail Area" bumper stickers, and road signs in sensitive areas warning drivers to watch out for the little ground-loving birds. For the past two years biological monitors have been hired by the Presidio Trust to study the precious few remaining quail, with the hopes of pinpointing why they’re disappearing.

So why are the plump little fowl more commonly found trussed in gravy on sterling platters in some of the Embarcadero’s finer eating establishments than nesting under scrubby bushes among the windswept dunes on the western side of the city?

What went wrong? And what does it say about how the Presidio and other natural areas in the city are being managed?

PRESIDIO PRIORITIES


A mere 20 years ago, the state bird of California, Callipepla californica, was so bountiful in the Presidio that the average bike ride down Battery Caulfield or along Land’s End yielded at least one sighting.

"Brush rabbits, wrentits, Western screech owls, and the California quail" are the common wildlife listed off by Josiah Clark, a San Francisco native who spent his childhood scrambling around the Presidio with his binoculars. He’s now a wildlife ecologist and runs an environmental consulting company called Habitat Potential. "Those were once ‘can’t-miss’ species when I was a kid. Now I’m more likely to find a vagrant bird from the East Coast than a wrentit or a screech owl in the Presidio."

Since the former US Army base was decommissioned and opened to the public, the wrentit and screech owl have disappeared, and the quail are flying the coop too, despite the protective national-park status of the city’s largest natural area.

"Sometimes I think about the irony of it," says Dominik Mosur, a former biological monitor for the Presidio Trust who still birds in the national park once or twice a week. "The Presidio Trust was founded in 1998, at the same time habitat restoration for the quail really started happening. The more people got involved in somewhat of a misguided manner, the less successful it’s become."

Having a species of animal disappear from a national park is very unusual, according to Peter Dratch, who oversees the Endangered Species Program for the National Park Service. "It’s a rare event for a species in a national park to become locally extirpated," he says. Just three national parks have lost an animal out of the thousand endangered and threatened species he tracks.

Mosur is concerned that economic interests are trumping ecological needs in the Presidio. "I’m not saying that ecologists who work for the trust want to see the quail extinct," Mosur says. "But I think their bosses wouldn’t mind. Preserving nature and making money are really conflicting things. You can’t make any money off of an open lot of sagebrush with some quail in it, but you can make quite a bit of money converting Letterman hospital into a lot of apartments."

And making money is the bottom line for this national park. The Presidio, unlike any other national park in the country, is forced to fully fund itself, according to a mandate proposed by Rep. Nancy Pelosi in the mid-’90s. Guardian investigations and editorials over the years have raised questions about the viability of this arrangement. The cash cow is supposed to be the abundance of housing and development opportunities made possible by the abandoned army barracks and buildings, which means this national park is in the business of real estate, not natural resources.

While an annual $20 million federal allocation has been meted to the park during its teething stages, the Presidio Trust is tasked with weaning itself off that funding by 2013. Halfway through the 15-year deadline, the 2006 annual report for the trust shows that revenue is up just 4.5 percent while overhead costs have jumped 22 percent from last year’s numbers.

So making money is more important than ever. The doubtful are invited to trawl the Presidio’s Web site, where it’s easy to find information about housing rentals and development opportunities, the new restaurants that have opened, and the free coffee now available at transit hubs, but only a deep search will reveal anything about birds, trees, and flowers. A click on the "Nature in the City" link scores you a picture of the very common and abundant great horned owl. If you want to "read more," you get a blurb about mushrooms. The "Save the Quail" link, which was up as recently as this fall, has disappeared, just like the bird itself.

At press time, spokespeople for the Presidio Trust had not answered our questions about quail habitats or future restoration plans, despite repeated inquiries.

To be fair, the decimation of local quail is a phenomenon not exclusive to the Presidio. The population in Golden Gate Park has also dropped to a dangerous low. Annual citywide "Christmas Bird Counts," conducted by the Golden Gate Audubon Society, show more than 100 quail 10 years ago but as few as 40 just 5 years ago. Last year there were 27. This year promises to have even fewer.

"When a population gets low, it’s easier for it to get really low really fast," Clark says.

Most local bird-watchers and ecologists agree that it’s been a collision of conditions such as increased predation, decimated habitats, and unsavory, incestuous mating stock that has meant the gallows for the quail. But poor management decisions on behalf of the people in power have been the tightened noose.

SAVE THE QUAIL


Mention quail to anyone in management at Golden Gate Audubon, the Presidio Trust, or the city’s Recreation and Park Department, and you’ll be directed to Alan Hopkins, who has lived and watched birds in the city since 1972 and is the most widely regarded local expert on quail.

Initially, it wasn’t one of his favorite species. "They were a little too cute," Hopkins says. "But the more I started to study them, I saw how social they were. They’re fascinating, and they were here way before we were."

It wasn’t until the mid-1980s that he really started making a special effort to look for them during his daily bird-watching. Within a few years he began to worry about the health of the local population as he saw an increase in predators like raptors and feral cats.

At the same time, habitats were decimated by an aggressive campaign to purge the parks of homeless people. This involved cutting back the deep underbrush where quail like to hide out. In addition, the preservation of tall, stoic trees such as cypress, pine, and eucalyptus has meant an increase in habitats for quail predators like hawks and ravens, which prefer to spot prey from a heightened roost. As these factors conspired, numbers continued to drop, and the breeding stock became more and more narrow, until the coveys were rife with incest.

While predation is always a possibility, it doesn’t start having a big effect until the quail take to the streets, driven by disrupted habitats and dismal mating prospects. Though not generally migratory birds, when a spot becomes inhabitable, quail have been known to move around the city using wild property edges for succor until they find another covey or place to roost. And in San Francisco, they really are in the streets. Quail can’t fly long distances, and they travel mostly on foot.

Two birds wearing leg bands left the unpalatable conditions of the Presidio and resurfaced in Golden Gate Park, which means the unappealing mating scenario and disrupted habitat drove them to negotiate several city blocks in search of greener pastures. "They probably went through people’s backyards," Hopkins says. "That’s one of the reasons we think people need to preserve their backyards."

But increased gentrification has destroyed these wild, backyard corridors, which have been the secret highways for wildlife through the city.

Hopkins started an education-and-restoration campaign called "Save the Quail" in the ’90s. His hope was that the more people were aware of the quail and the small things they could do to save them, like preserving certain plants in their yards and keeping their cats indoors, the more it would benefit the birds and the parks.

"If we can restore the quail, it’s a good harbinger of health in the city," says Peter Brastow, director of Nature in the City, a nonprofit group that works to restore biodiversity in San Francisco by encouraging citizens to work and play in natural areas. "If we have great success with them, then we’re probably doing a lot for many other species too."

And that, Brastow argues, is important for the health of the people who live here. "Connecting to nature should be a bona fide recreational activity. Going bird-watching, walking your dog on a leash, [and] doing stewardship are all ways for urbanites to reconnect with these threatened natural areas that need people to sustain them. People need nature. It’s a feedback loop."

But, as is so often the case in San Francisco, for every pro, there’s a con.

LOCAL KNOWLEDGE


As the quail preservationists beseeched the city’s Rec and Park Department and the Presidio Trust for places to restore habitats, efforts were waylaid by the competing interests of feral cat fans and off-leash dog lovers.

"It really became a polarized issue," says Samantha Murray, Golden Gate Audubon’s conservation director. "Unfortunately, quail have had a lot working against them for the last 20 years, and none of that helped."

As arguments played out in public meetings, time ticked away for the birds, and the population continued to plummet. Eventually, a strip of unused land between Harding Park Golf Club and Lake Merced was granted as a new place for a quail habitat, even though it’s not an area where quail have ever been seen.

"It was a compromise," Hopkins says.

In addition, a quail niche was carved out of a quarter-acre plot in the Presidio where a covey still existed. Dubbed Quail Commons, it became the locus of restoration efforts, with regular work parties weeding out nonnative invasive species and sowing new shoots of quail-approved plants.

It wasn’t long, however, before the plot became more of a poster child for the trust and less a place where effective restoration occurred. Hopkins and other local birders and ecologists proffered regular advice on what might work, but they say the trust depended too heavily on outside studies by experts and seized on a rigid formula rather than a fluctuating plan that responded to unexpected changes in the local ecology.

"Quail are dependent on a lot of nonnative species for food source and cover," Hopkins says. In a burst of antipathy toward nonnative species, much of the Himalayan blackberry and wild radish, two of the quail’s favorite plants, were scourged from the parks. The native plants that replaced them provide a very limited diet for the birds.

"One bad year for those plants," Hopkins says, "and the ability to eat is gone."

He points out that providing water or food where necessary and introducing more birds when the population became so inbred could have been very effective.

"I think it’s naive to think if you simply restore habitat, it’s going to be enough," he says. He admits that contradicts statements he’s made in the past, but that’s the nature of the beast when it comes to ecology. No specific formula is guaranteed to work in every situation, which is what, some scientists say, makes local knowledge so valuable.

"Local knowledge is huge," says Karen Purcell, leader of the Urban Bird Studies project at Cornell University’s Lab of Ornithology, which uses "citizen scientists" from around the country to supplement its bird research. "People who know their birds and what’s going on in their areas contribute information that many times we could never get."

To maintain reliability, the lab gathers as much data as possible from as many sources as are available, so that rogue or ill-informed data is diluted.

"There are so many people like myself who’ve spent so much time watching this place and the animals that live in it. People from as close as Marin couldn’t even say the things that we know," says Hopkins, who’s been hired by the trust to consult for a few projects but not granted any regular position or much compensation for his expertise.

"The people I’ve had to deal with through the Presidio Trust and Golden Gate National Parks Conservancy try to do their best, but I always get the feeling there are conflicting interests," he says. "There’s always the budget. There are always aesthetic issues."

When it comes to action, things drag at the federal level much like they do when negotiating with competing interests around the city. "As far as the National Park Service goes, they’ve got to have a study," Clark says. "And the study has to be done by qualified academics. That’s the way the system works."

This past year’s Presidio biological monitor, Chris Perry, describes himself as "not really a birder," even though "99.5 percent of my job was monitoring quail." Perry has a master’s degree, and the bulk of his career has been spent doing a variety of environmental work. "It doesn’t require someone to be a birder to be a good ecologist."

Perry agrees with the locals on one contentious issue: efforts to reintroduce quail into the Presidio are long overdue. Hopkins says he hoped for reintroduction years ago, but politics invaded.

"They hemmed and hawed about it. It costs money," he says. One of the problems with reintroduction, he adds, is that you can’t just "open the cage and let them loose." Quail are social birds, and like any new kid in town, the birds are more likely to succeed if there are some old-timers around who know the local ropes.

That may be a problem for the other primary habitat-restoration area in the city, Harding Park, where no quail have been spotted.

"We’d like to do reintroduction a few years from now," says Murray of Golden Gate Audubon, which for the past three years has been working to establish a habitat there. "If we do it — invest the resources and time — we want it to work."

In the past year the group has decided to ramp up the effort, hiring a part-time volunteer coordinator, Bill Murphy, to oversee the planting of lupine and coffee berry and the weeding out of English ivy and ice plant.

The hope is that "if you build it, they will come," Murphy says of the site. But it doesn’t take an expert to realize that Harding Park is far from being a perfect place for quail. Tall cypresses dominate, and the ground is thick with heavy wood chips and duff, rather than the sand quail prefer.

Brush piles have been another issue, falling into the aesthetics category. Quail experts have long advocated them as an easy way to naturally house species. If done properly, the small mountains of sticks, logs, and branches — resembling something you’d take a match to for a first-class bonfire — can have a screening effect, with openings large enough for a quail to squeeze in and take cover but too small for a pursuing cat or dog.

"At Land’s End I suggested they put up brush piles, which are very beneficial, and they agreed to do it," Hopkins says. "But the landscape architect they hired is complaining because they think these brush piles are unsightly."

In addition to being unsightly, the ones that have been built are too uniform, resembling the neatly laid bare poles of a teepee. According to Clark, they are essentially ineffective.

"The brush piles in the Presidio are like skeletons," he says. "It looks like a brush pile, but it’s not actually serving any purpose. They’re almost analogous to the whole structure of the restoration program."

ISLANDS AMONG ISLANDS


Consider the boundaries of the city: water laps the edges on three sides. San Francisco not only thinks and acts like an island — it practically is one. The parks and natural areas, separated by streets and concrete and scattered throughout one of the most densely populated cities in the country, are oases for humans as they shed the stresses of busy workdays. They’re also habitats for wildlife who began life on this peninsula and have no way to really leave it.

Those interests are sometimes in concert, sometimes in competition.

The Presidio is the largest of the islands, and the fact that the 1,400 acres were once an army base with stringent rules about access, populated by a military with a predictable routine, worked to the advantage of local wildlife for many years.

"There weren’t as many cats, no off-leash dogs, not as much street traffic." Hopkins says. "Army bases across the country are a lot of our best habitats because of benign neglect."

"Military activities are actually easier for many of these species to deal with than an area with wide public access," says John Anderson, a professor of ornithology at College of the Atlantic who specializes in island avian populations. "It serves as a ‘habitat island.’ This is why you have nesting birds at the end of the runways at JFK. As long as you get a jet taking off every 30 seconds, it doesn’t have much impact. On the other hand, if you have a jet making a low pass over a nesting colony once a summer, it is likely to cause a lot of disturbance."

If there’s the equivalent of a jet flying low over the Presidio, it would be the increase of hikers, bikers, park staff, and volunteers regularly traipsing through areas that until recently never saw much action.

And one place that’s stood empty and secluded for years is about to see an enormous influx of people.

The Public Health Service Hospital is slated to become condominiums with 250 to 400 market-rate units. It’s the largest housing development in the park, and the Presidio Trust is relying on at least $1 million in net revenue from the project: it’s a keystone in the overall plan for financial sustainability.

However, the decrepit building is located next to the oldest relic scrub oak habitat in Presidio Hills. "This area has been here since time began," Clark says on a recent tour through that tucked-away corner of the park.

Indeed, the overgrown dunes have an ancient, haunted feel. Listening to the unique song of the white-crowned sparrow, standing among the small scrub oaks and some of the rarest plants in the Presidio, it’s possible to forget the nearby high-rises, highways, and houses and imagine a time when the whole western edge of the city was little more than acres and acres of windswept sand and scrubby brush.

"This is the first place I had interactions with park stewards and saw them doing something that worked," Clark says. "They took down a couple of trees, and people complained, but so much diversity popped up where those trees were. Pines can be great and support a lot of birds, but in an intact, native ecosystem they aren’t very helpful. This area is a relic, and quail are a part of that relic."

It’s clear that this original setting would be perfect for quail and anything else is just a compromise. The soil is loose and sandy, perfect for the dirt baths that clean their feathers. The ground cover is negotiable for their small stature, but there’s good shelter and ample food and water.

We’re just down the hill from Quail Commons, where the last six Presidio quail live, but there’s a lot of unfriendly activity between here and there — a road, a fence, a parking lot, and a dump where construction debris is regularly tossed.

"These two areas would be so much more valuable if they were connected," Clark says.

Through the trees that line the hills, it’s possible to see the back of the old abandoned hospital. It remains to be seen if more quail will be able to live here among more people and all the things that come with them — dogs and cats, trash and cars. Will the new inhabitants take quail education to heart?

As if they’re harbingers of what’s to come, two joggers with a baby stroller and a dog cruise by. As the dog leaps through the scrub, the couple pass by without a glance at the Quail Habitat sign. *

Burning brand

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› steve@sfbg.com

Larry Harvey started Burning Man on Baker Beach in 1986, but it was John Law, Michael Mikel, and their Cacophony Society cohorts who in 1990 brought the countercultural gathering and its iconic central symbol out to Nevada’s Black Rock Desert, where it grew into a beloved and unique event that last year was attended by 40,000 people.

Law hasn’t wanted anything to do with Burning Man since he left the event in 1996 — until last week, when he filed a lawsuit in San Francisco Superior Court seeking money for his share of the Burning Man brand. Even more troubling to Harvey and a corporation that has aggressively protected the event from commercial exploitation, Law wants to move the trademarks into the public domain.

The suit has roiled and divided the Bay Area’s large community of burners. Some support Law and the declaration on his blog that "Burning Man belongs to everyone," hoping to break the tight control that Harvey and Black Rock City LLC have exerted over their event and its icons, images, and various trademarks.

"If it’s a real fucking movement, they can give up control of the name," Law told the Guardian in the first interview he has given about Burning Man in years. "If it’s going to be a movement, great. Or if it’s going to be a business, then it can be a business. But I own a part of that."

Yet those who control the business, as well as many attendees who support it, fear what will happen if anyone can use the Burning Man name. They envision MTV coverage, a burner clothing line from the Gap, Girls Gone Wild at Burning Man, billboards with Hummers driving past the Man, and other co-optations by corporations looking for a little countercultural cachet.

"We’ve been fighting attempts by corporations to exploit the Burning Man name since the beginning," BRC communications director Marian Goodell wrote on the Burning Man Web site in response to the lawsuit. "Making Burning Man freely available would go against everything all of us have worked for over the years. We will not let that happen."

Harvey, Law, and Mikel became known as the Temple of Three Guys as they led the transformation of the event from a strange camping trip of 80 people in 1990 to a temporary city of burners experimenting with new forms of art and commerce-free community. By 1996 it had grown to 8,000 people.

"Plaintiff is recognized as the one individual without whose leadership and ability the event would not have been planned or produced," the lawsuit alleges. "Plaintiff alone became recognized as the ‘face’ of the event to local residents and authorities, and was the event’s facilitator, technical director and supervisor."

Law’s central role in the event has also been spelled out in Brian Doherty’s 2004 book, This Is Burning Man, and in Guardian interviews over the years with many of the original attendees. As Law told the Guardian, "I put everything I had into it."

Mikel, also known as Danger Ranger or M2, played a key role as the event’s bookkeeper and the founder of the Black Rock Rangers, who oversee safety and security and serve as the liaison between attendees and outside authorities.

The lawsuit minimized Harvey’s role in the 1990 event: "Harvey, however, did not participate at all other than to arrive at the event as a spectator after it was completely set up…. the 1990 event on the playa motivated Harvey to take a more active roll the next year, so he adopted the roll of artistic director thereafter." The three men entered into a legal partnership to run the event.

Harvey was always the one with the vision for growing the event into what it has become today — a structured, inclusive gathering based on certain egalitarian and artistic principles — while Law preferred smaller-scale anarchy and tweaks on the central icon.

"That was really the underlying conflict, but it got charged with emotion because 1996 was a harrowing year," Harvey told the Guardian, one of the few comments he would make on the record because of legal concerns.

That was the year in which Law’s close friend Michael Fury was killed in a motorcycle accident on the playa as they were setting up for the event. And on the last night, attendees sleeping in a tent were accidentally run over by a car and seriously injured, prompting the creation of a civic infrastructure and restrictions on driving in future years.

Law had a falling-out with Harvey and no longer wanted anything to do with the event, while Mikel opted to remain; today he and Harvey serve on the BRC’s seven-member board of directors. But Law didn’t want to completely give up his stake in Burning Man, in case it was sold.

The three agreed to create Paper Man, a limited liability corporation whose only assets would be the Burning Man name and associated trademarks, which the entity would license for use by the BRC every year for a nominal fee, considering that all proceeds from the event get put right back into it.

Harvey has always seen that licensing as a mere formality, particularly since the terms of the agreement dealing with participant noninvolvement have caused Law’s share to sink to 10 percent. In the meantime, however, tensions have risen in recent years between Harvey and Mikel, who has been given fewer tasks and even joined the board of the dissident Borg2 burner group two years ago (see "State of the Art," 12/1/04).

Harvey didn’t pay Paper Man’s corporate fees in 2003, but the corporation was reconstituted by Mikel, who was apparently concerned about losing his stake in Burning Man (Mikel could not be reached for comment). Harvey resisted formal written arrangements with Paper Man in subsequent years, but Mikel insisted.

Finally, on Aug. 6, 2006, Harvey drew up a 10-year licensing agreement and signed for Paper Man, while business manager Harley Dubois signed for the BRC. Mikel responded with a lawsuit that he filed in San Francisco Superior Court on Aug. 23, seeking to protect his interests in Paper Man. That suit later went into arbitration, which has been suspended by both sides since Law filed his suit. Law said he was prompted by the earlier lawsuit.

"I didn’t start this particular battle," Law told the Guardian. "My options were to sign over all my rights to those guys and let them duke it out or do this."

Most burners have seen Harvey as a responsible steward of the Burning Man brand, with criticisms mainly aimed at the BRC’s aggressiveness in defending it via threats of litigation. But Law still believes Harvey intends to cash in at some point: "I don’t trust Larry at all. I don’t trust his intentions."

Law is skeptical of Harvey’s claims to altruism and even sees this year’s Green Man theme — which includes a commitment of additional resources to make the event more environmentally friendly — as partly a marketing ploy.

"If they’re going to get money for it, then I should get some to do my own public events," Law told us. "And if they don’t want to do that, then it should be in the public domain."

Yet as Burning Man spokesperson Andie Grace wrote in response to online discussions of the conflict, "Our heartfelt belief in the core principles of Burning Man has always compelled us to work earnestly to protect it from commodification. That resolve will never change. We are confident that our culture, our gathering in the desert, and our movement will endure." *

Town snooze

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By Steven T. Jones

Listen to a wav file of the Mayor’s January 13 “town hall meeting” here.

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Newsom, with another new chick

I didn’t have high expectations of Mayor Gavin Newsom’s “town hall meeting” in the Richmond this morning — and I was still disappointed. What he had billed as an alternative to monthly policy discussions with the Board of Supervisors during its regular meeting in City Hall — which voters had asked by approving Proposition I in November — was instead ridiculous political theater on his signature issue: homelessness. As we said he would in our cover story, “Mayor Chicken,” Newsom brought along a cadre a city employees and political appointees who work on the issue and they all hit their cues and sang the mayor’s praises while he did his Phil Donahue shtick.

The first hour passed without taking any questions, which the audience had to submit in writing on cards. During the second hour, Newsom sorted through the stack of hundreds for the questions he liked and then asked them in his own words of his employees and panelists. After two hours, they had discussed homelessness from every possible angle and covered every detail — and the audience was bored to tears. It was deadly dull, except for how frustrating it was. He refused to answer any questions on other topics, and while I chided him on his way out for failing to chose anything but softball questions, he had the gall to criticize the Board of Supervisors for failing to come, an angle that his press secretary Peter Ragone has also been flogging for weeks, convincing absolutely nobody.

The only bright spot in the event were the five people dressed in chicken suits who showed up, who Newsom’s board liasion Wade Crowfoot tried to prevent from entering the public building unless they removed them, which they refused to do. It was a good thing they did because the only saving grace of this whole fiasco was watching Newsom get handed a written question (that he never answered) and pretend not to notice the guy was in a chicken suit. The chickens remained respectful through the whole event (not clucking or heckling), but would pop up in windows occasionally or just walk around. Hilarious!

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Peek-a-boodle-doo

If you think I’m overstating what a joke this forum was — or if you want to hear Newsom and others (like Angela Alioto, who disgraced herself by sucking up to the mayor) blather on …. click the link at the top of this blog entry. Some buried treasures in the depths of this recording are my heated discussion with Ragone about halfway through and the tough question that I asked (I’m the somebody referred to in Beyond Chron) of those frustrated by the event: Is this a filibuster or an infomercial?

Pics courtesy of Luke Thomas, Fog City Journal