Volume 42 Number 25

March 19 – March 25, 2008

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Migden sues the FPPC

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› jesse@sfbg.com

Barack Obama and Hillary Clinton aren’t the only Democrats beating each other up this campaign season. The race for California’s third senate district has turned into a nasty three-way donnybrook, with incumbent Carole Migden fighting for her political life against San Francisco Assemblymember Mark Leno and former North Bay Assemblymember Joe Nation.

Now, to save her campaign from possible financial ruin, Migden has taken on yet another adversary: state campaign finance regulators.

On March 3, in a stunning move, Migden filed a lawsuit in federal court against the Fair Political Practices Commission, challenging its decision to strip her of nearly $1 million in campaign funds. A hearing is scheduled for April 1.

If Migden loses, it could leave her with very little money to spend in the heat of an expensive primary battle — a situation that might seriously hurt her chances for reelection.

"This lawsuit is very unusual," government scholar and former FPPC general counsel Bob Stern told the Guardian. "I can’t remember the last time a legislator sued the FPPC. Usually it’s the other way around."

Last October, after several months of investigation, the FPPC barred Migden from accessing $997,340.28 in her reelection accounts. She had transferred the cash to her current campaign from an account dating back to her days in the State Assembly. California’s "surplus funds" law, which Migden’s suit seeks to overturn, says public officials running for a new office must move old campaign funds into new accounts before they leave their original office. Migden did not move the money until October 2006, four years after she left the assembly.

After it was filed in the federal court for the Eastern District of California, the senator’s lawsuit provoked an angry response from the commission’s chair, Ross Johnson. In a statement, he said Migden was attempting to "bully" and "distract" the FPPC. Johnson, who pledged to "enforce the law," also asserted that Migden had already spent "nearly $400,000" from her assembly campaign. That could mean big trouble for the senator: by law, she might be liable for up to three times that amount in penalties, as well as additional fines. In recent weeks, FPPC commissioners have met several times in closed session to discuss an unnamed matter that many observers guessed was her case.

Last week, the commissioners met in secret again — and after they adjourned, they disclosed that they were in fact consulting with their attorneys about Migden. Given their actions both before and after the senator filed her suit, the buzz around Sacramento was that it was only a matter of time before the regulators started formal proceedings against her.

By beating them to the punch and challenging the law in the federal system, Migden may be trying to head off disaster. Polls show her currently running third behind Nation and Leno. In such a tight race, a large fine would cripple her campaign. And even if the FPPC didn’t choose to fine her, she still desperately needs the cash that they forbade her from spending — not just for the election, but also for a slough of legal expenses she’s racked up defending herself against regulators. As the text of her lawsuit states, her lost assembly funds, "could well make the difference in the June primary election."

Migden’s lawyer, James Harrison, called her campaign’s failure to properly transfer the money from her assembly accounts "a technical glitch" caused by a volunteer staffer. Why the senator would trust a volunteer to make sure such a huge sum of money was moved legally from one account to another has people in and around the capital scratching their heads.

"It’s mind-boggling to me," Stern said. "This is an awful lot of money to entrust to a volunteer. How long has she been in the Legislature?"

Migden told us by phone that at the end of 2006, after she was fined nearly $100,000 for other violations by the FPPC, she initiated a "top-to-bottom audit" of her finances. During the audit, she said, "We discovered that we had problems that exceeded the [abilities] of volunteer staff, so we brought in experts." Migden herself is now listed as the treasurer of her reelection campaign committee as well as her legal defense fund. But these staffing changes, she said, came after the assembly money had been transferred.

Whether or not the faulty funds transfer was caused by an innocent mistake, Migden is taking huge political as well as legal risks by challenging state law in federal court. Her lawsuit cites a controversial 1976 Supreme Court case, Buckley v. Valeo, which holds that the First Amendment’s right to free speech protects political campaign expenditures. That decision has been used by many — mostly conservative — opponents of campaign finance reform. In other words, Migden, a liberal lawmaker in one of the most liberal districts in the state, finds herself arguing from a conservative viewpoint against a key campaign finance law. Moreover, Migden publicly supported a 2000 ballot initiative, Proposition 34, which reaffirmed the surplus funds statute — the very law she now says is unconstitutional.

Reached by phone, her opponent Leno pounced on Migden’s apparent flip-flop on the law she is now challenging. "She never suggested that the [surplus funds] law was unconstitutional prior to breaking it. I wasn’t aware that as citizens or lawmakers, we got to pick and choose which laws we follow."

Migden would not address the matter of Proposition 34 with us. "The funds ought to be available to communicate with voters," she argued. "It’s a constitutional protection … whatever we did was lawful, we believe, and therefore we’re asking for a court decision."

For Stern, Migden’s gambit shows that she has nothing left to lose anymore. "It’s obvious that she needs this money desperately because [the lawsuit is] not good press…. She’s probably not going to win [in court], but there’s so much at stake, I can understand why she’s doing it."

Discounts that do good

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› news@sfbg.com

GREEN CITY Coupon books don’t tend to be of much use to green-minded consumers or businesses. They’re usually just chock full of special offers from fast food restaurants and wasteful chain stores. That’s why former credit auditors Anne Fisher Vollen and Sheryl Cohen started the Green Zebra Savings Guide. They wanted to use the good old-fashioned clip-outs to draw customers to, and educate them about, environmentally conscious companies.

"It is our hope that discounts will give Green Zebra users incentive to try out a new green alternative to a traditional product or service," Vollen told the Guardian. "Then if it lives up to their expectations, [we hope] they will continue to patronize that business even without the discount."

First published in San Francisco in 2007, Green Zebra promotes bargains for enterprises such as green retailers, bike shops, and independent bookstores. It also offers useful educational tips on topics such as greening your home, purchasing eco-friendly beauty products, and creating a zero-waste lunch. To make it into the book, companies have to meet two of the following criteria: they must offer a discount on a green product or service, run their business in a sustainable manner, be locally owned, and/or contribute significantly to the community.

This past year, Vollen and Cohen expanded the guide to include separate editions for Marin County and the peninsula. Helping people buy from Bay Area businesses rather than larger chains is a critical aspect of Green Zebra’s mission. By promoting independent, locally owned firms, Vollen said, "We are not only strengthening the local economy but also helping preserve the uniqueness of San Francisco, rather then contributing to the strip-mallization that has become so rampant in the US."

Vollen understands that living in modern day America makes it hard, if not impossible, to reform everything about our lives. But she hopes Green Zebra will encourage people to start with small steps, inspired by issues they’re passionate about. The mother of two and MBA graduate told us her own personal passion of late has been finding ways to eliminate water bottle waste. "Less than 10 percent of bottles get recycled, and it’s a petroleum product," she said.

The guide’s mode of production also embodies the spirit of doing what we can to minimize our impact on the planet. Each edition, Vollen said, is printed on "100 percent recycled fiber, 98 percent postconsumer waste paper, processed chlorine-free." In addition, Green Zebra offsets its carbon emissions by helping to fund a methane digester at a family farm. The digester not only takes climate-warming methane out of the atmosphere, it turns the gases into renewable electricity. Another way Vollen and Cohen hope to lead by example is by donating roughly 50 percent of the guide’s proceeds to charity. A portion of this year’s profits went to the San Francisco Green Schoolyard Alliance, an organization that teaches children eco-friendly gardening, architecture, and design skills.

Most Green Zebra sales are through public and private school fundraisers, but copies of the guide are available for purchase online at www.thegreenzebra.org.

Half a decade of war

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EDITORIAL Five years ago, the antiwar movement shut down San Francisco. It was a moment in history, one of those times that those of us who were there will never forget. No cars on Market Street. No cars on Mission Street. No business as usual anywhere downtown. Just a powerful statement that the city was not going to pretend that invading Iraq was an acceptable move.

And yet, for five years, the war has gone on. Sometime this spring, it’s likely the total number of American soldiers killed in the pointless military adventure will pass 4,000. And that’s just a fraction of the carnage: according to iraqbodycount.org, more than 89,000 civilians have died since the George W. Bush administration launched the invasion in March 2003.

There will be any number of newspaper stories, special reports and anniversary programs in the next few weeks, but of all the facts and statistics they’ll cite about the war, one ought to be at the top:

The antiwar movement was right.

Everything that the activists in the streets (and the very few newspapers that supported them, like this one) said at the time would prove to be absolutely true. As Steven T. Jones notes on page 14, there were no weapons of mass destruction. There was no link between Saddam Hussein and al-Qaeda. Iraq had nothing to do with Sept. 11. United States troops were not welcomed as liberators. There is no functioning Iraqi democracy. The situation in the Middle East is more unstable now than it was five years ago. Nothing has come of this war except disaster, death, and a bill to the American people that could reach $3 trillion.

In fact, Bush’s war is one of the main reasons that the economy is such a mess today — and that’s something the Democratic presidential candidates need to be talking about.

There has been nowhere near enough debate over the cost of the war. Bush has managed to fund the entire effort through supplemental appropriations, without once presenting a full budget to Congress. And the Democrats, fearing political criticism if they cut funding to troops who are in harm’s way, have gone along with every single spending request.

That’s been a huge factor in the nation’s mounting budget deficits and rapidly growing debt. And unlike deficit spending that funds social and infrastructure priorities, the red ink has done little to create jobs or improve the economy. It’s well known that military spending does less to help economic growth and recovery than any other type of government program. Put another way: If the $3 trillion that will go to the Iraq war were put into any other public venture, it would have tremendous positive consequences for society. It could, for example, preserve Social Security for another entire generation without new taxes or benefit cuts.

But those sorts of choices haven’t been presented to the public, because the war has been sold as a painless effort that requires no national sacrifice. And the bills won’t all come due until this president is gone and his successor has to deal with a deep recession, a horrible budget mess, growing unemployment, and a legacy of international distrust.

The good news is that the antiwar activism has forced both presidential candidates to pledge to bring the troops home — and Barack Obama could be the first president in years to be elected in large part on the basis of a strong grassroots peace movement. But the next president won’t stop the war without continued, constant pressure. It’s easy to think of the antiwar movement as a failure and to get discouraged — but this is not time to let down. If a Democrat wins the White House, visible and organized activism will be more important than ever. And this time, it might actually change American politics.

Editor’s Notes

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"At 11 a.m., Thursday, March 20, I found myself at the corner of Market and Beale streets, looking at the startling emptiness of the Financial District." (See "The days SF stood still," [03/26/03]).

That’s where I was five years ago. You remember where you were, too: it was one of those moments in time that nobody forgets. Shock and Awe lit up the sky over Iraq, President George W. Bush announced the glorious military victory that was on the way, and the politicians — even the Democrats — were so busy praising the troops in the field that nobody stopped to ask how this was all going to end.

As we report this week, the major newspapers didn’t, either. In fact, in a survey by Editor and Publisher magazine, more than 75 percent of the papers supported Bush’s arguments for war. The airwaves were filled with generals and admirals talking up the invasion; the antiwar movement was marginalized.

And while the mainstream media were waving flags and cheering, the alternative press was presenting the other side of the issue. "Bush’s war represents a dangerous turning point for the United States," we wrote on March 26, 2003.

I sent out an e-mail to my colleagues in the Association of Alternative Newsweeklies this week asking how many of the weeklies were strongly against the war, and the answers started pouring in immediately. Tucson Weekly. San Diego City Beat. Boulder Weekly. Monterey Coast Weekly. Boston’s The Phoenix. The North Coast Journal. Random Lengths. The Memphis Flyer. Rochester City Newspaper. Creative Loafing. And that’s just a few of the names on the list.

Overall, the independent and alternative media were in the vanguard, providing the information that the big outfits wouldn’t.

Newsom’s commission games

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EDITORIAL Mayor Gavin Newsom didn’t want Debra Walker, an artist and activist, running the Building Inspection Commission. He doesn’t want Theresa Sparks, a transgender woman and community leader, running the Police Commission. And now, we’ve learned, he doesn’t want Robert Haaland, a labor activist and one of the city’s most visible transgender leaders, to serve as vice president of the Board of Appeals.

But of course, the mayor thinks it’s perfectly fine to put two employees of Pacific Gas and Electric Company — an outfit that is suing the city, breaking the law, trying to subvert public power and cheating the public out of hundreds of millions of dollars a year — on city commissions.

This is what the second term of Mayor Newsom, who is now openly running for governor, looks like. It’s not pretty.

We knew the mayor had his sights on higher office, but now that it’s out in the open, almost everything he does at City Hall seems to be aimed not at improving San Francisco but at increasing his odds of moving up in the political world. Why, for example, would Newsom appoint Mary Jung, a PG&E customer services manager, to the Civil Service Commission, and Darlene Chiu, a PG&E City Hall flak, to the Small Business Commission? What possible qualifications could someone whose job involves promoting the interests of a giant corporation that routinely screws small business people have as an advocate for the city’s local merchants? Why would the Civil Service Commission, which deals with city employee issues, need the expertise of someone whose employer wants to prevent the city from creating more public jobs?

Why would Newsom be doing this — if he didn’t need the support of PG&E and its allies for his next political step?

Why would he be directing his appointees to keep out of leadership posts anyone with strong progressive credentials if he weren’t trying to build new bridges to the developers, the big employers, the police unions, and the more conservative interest groups he’ll need for a statewide campaign?

The bottom line is, Newsom needs to stop thinking about running his next campaign and start running the city — because this sort of commission funny business, this practice of treating important agencies that manage key city departments as nothing more than political patronage posts for rewarding allies and punishing enemies, is terrible for San Francisco.

It’s too late to do anything about Mary Jung, but the supervisors can, and should, overturn the Chiu appointment — and let the mayor know that putting PG&E executives on city commissions is unacceptable under any circumstances.

Meanwhile, the Board of Appeals votes for new officers March 19. By tradition, the top posts on the five-member panel rotate based on seniority, with an appointee of the mayor holding one job, and a board appointee the other. But Newsom’s three members have indicated that they won’t allow Haaland — a conscientious commissioner with an excellent record — to serve as vice president. That’s a slap in the face to labor, the queer community, and the supervisors. Newsom ought to show some political integrity and tell his appointees not to suddenly change the rules.

Resistance is futile — or is it?

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It was a time without precedent in American history. The commander-in-chief voiced his intention to take the country to war — a voluntary, preemptive war with no clear catalyst, no faraway invasion or Pearl Harbor or sinking of the Maine and millions of people shouted their opposition. With plenty of time to avert war, the protesters warned the invasion would be a costly disaster.

They were right. And it didn’t matter.

The war in Iraq was a test of our democratic ideals. It was a test that this country failed, a failure that has been felt by the people of the United States, Iraq, and elsewhere for the last five years. For many, the refusal of the US government to heed the demands of its citizens left them disillusioned and disempowered.

But others say it sparked a political change that woke up an apathetic citizenry, pulled the Democratic Party back to the left, and may have averted war with Iran.

It’s certainly arguable that the presidential campaign of Barack Obama owes its energy and success in part to the antiwar movement — and if Obama wins, he will be the first president in a long time who took office thanks to the support of a strong grassroots progressive movement.

Nowhere was the clash of people power and government will more acute than on the streets of San Francisco, where a series of massive marches, some drawing nearly 100,000 people, filled the streets prior to the invasion of Iraq on March 19, 2003. The onset of war led protesters to effectively shut down the city, resulting in about 2,300 arrests and millions of dollars in costs to the city.

President George W. Bush dismissed the protests, of course, but he wasn’t the only one. Political leaders such as Rep. Nancy Pelosi, then-Mayor Willie Brown and soon-to-be Mayor Gavin Newsom (who didn’t attend any of the marches, unlike progressives on the Board of Supervisors) condemned the peace movement for hurting an innocent city. But with the “battle for San Francisco” making international news, the protesters were more concerned with the global audience.

A month earlier, on the weekend of Feb. 15 and 16, there were coordinated protests against the impending war in about 800 cities around the world, drawing around 10 million people. The peace march in Rome included about 3 million people, earning a listing in the Guinness Book of World Records as the largest anti-war rally in history. People have never made such a loud and clear statement against an incipient war.

Beyond the numbers, the antiwar movement was also right. On every major issue and prediction, the messages from the street proved correct while those from the White House were wrong. The US wasn’t welcomed as liberators. There were no weapons of mass destruction. Iraq after the invasion isn’t a stable democracy or shining beacon to anyone but the new generation of jihadis Bush created.

We can blame a hard-headed president, ineffectual opposition party, failure of the national media, or the national climate of fear following Sept. 11. But rather than refighting that lost battle, now is the time to gain perspective on the events of five years ago and determine what it means for democracy and the post-Bush national agenda.

 

TO THE STREETS

There were two main umbrella groups organizing protests before the war: Direct Action to Stop the War (DASW) and International ANSWER (Act Now to Stop War and End Racism). ANSWER has remained active and DASW has recently been reconstituted for the fifth anniversary of the war, using direct action in San Francisco as well as other urban centers and outposts like Chevron’s refinery in Richmond, which has reportedly been processing Iraqi oil.

“With the fifth anniversary coming up, we’re going back to direct action on the streets,” said Henry Norr of DASW. “But I don’t have any illusions that it’s going to be like it was five years ago.”

The maddening march to an ill-advised war created a political dynamic in which a broad cross-section of Americans was willing to hit the streets.

“We had a wonderfully diverse group of people, from soccer moms to anarchists,” said Mary Bull, who cofounded DASW, a collective of various affinity groups and concerned individuals formed in October of 2002 as Bush started beating the drums of war.

It was a group fiercely determined to prevent the war — and really believed that was possible. In fact, Bull recalls how she and other members of the group burst out crying at one meeting when a key activist said the war was going to happen.

Richard Becker, who cofounded ANSWER and serves as its West Coast coordinator, said that in the summer of 2002, “we came to the conclusion that [the war] was going to happen.” The group called its first big protest for Sept. 15, 2002, and another one two weeks later. But the movement really exploded on Oct. 26 when almost 100,000 people took to Market Street, much of it a spontaneous popular uprising.

“We were overwhelmed,” Becker said. “We were in a perpetual state of mobilization to keep up with what was going on. But then it didn’t stop the war.”

Did he think they could?

“I think a lot of people thought maybe it was possible to stop it. And we thought maybe it was possible to stop it,” Becker said.

The high point, according to Becker and Norr, was Feb. 17, 2003, when the New York Times ran a front page analysis piece entitled “A new power in the streets” that claimed “the huge anti-war demonstrations around the world this weekend are reminders that there may still be two superpowers on the planet: the United States and world public opinion.” But then Colin Powell went to the United Nations to argue for the invasion, and the Democrats in Congress did nothing, and it became clear war was coming.

Norr stayed out there protesting, being arrested several times and even shot in the leg by Oakland police with a rubber bullet during a protest at the Oakland docks. And he thinks some good came from the experience.

“The lesson for people is the political and economic elites are committed to preserving and extending empire. And they basically say as much in their own writing,” Norr said. “Wars are not anomalies.”

Despite being a frustrating and depressing exercise, most saw benefits to the failed movement. “People got an incredible education about how the system really worked,” Becker said. “Building a movement is mostly about a series of setbacks.”

Medea Benjamin, cofounder of both Global Exchange and CodePink and fixture of the anti-establishment peace movement for years, was upbeat about the protests. “We did our job as citizens. We did what we were supposed to do: organize, get people to take action, get people onto the streets,” she said. “We did everything we could think of.

“What you take from it is we don’t have a very well-developed democracy because the people spoke and the government didn’t listen.”

25war2_Lars1.jpg The ever-evolving “Democracy Wall” on Valencia Street, March 2003, helped stir up debate (Photo by Lars Howlett)

 

FACING ARREST

The collective action of five years ago starts with a series of personal stories — tens of thousands of them — so let me briefly begin with mine.

My arrival in San Francisco was closely tied to the march to war. I was living in Sacramento and working as the news editor of the Sacramento News & Review when Bush began his saber rattling against Saddam Hussein, but by the end of 2002 I had a falling out with my boss and found myself jobless.

Like most Northern Californians who opposed the war, I came to San Francisco on Jan. 18 to make my voice heard and experienced a bit of serendipity on my way to Justin Herman Plaza: while reading the Guardian on Muni, I saw their advertisement for a city editor, a job that was ideal for me at a paper I’ve always loved. Needless to say, it was a great day, empowering and full of possibilities.

Less than two months later I was on the job, and on the second week of that job I was back on the turbulent streets of San Francisco, part of a Guardian team covering the eruption of this city on the first full day of war. When I stepped off the cable car just after 7 a.m., people were streaming up Market Street and I joined them.

When a large group stopped at the intersection of Market and Beale, I stopped too, taking notes and bearing witness to this historic, exciting event. I had a press pass issued by the California Highway Patrol that allowed me to cross police lines, so when police in riot gear surrounded us and threatened arrest, I held my ground with 100 or so protesters.

After interviewing about a dozen people about why they were there and that they hoped to accomplish (see “On the bus: Journalists, lawyers, four-year-olds — the cops were ready to bust anyone Thursday morning“), I was arrested with the others and taken to a makeshift jail and processing center at Pier 27 (no charges were filed in my case, and charges against all of the 2,300 people arrested here in those first few days of the war were later dropped).

I recently tracked down a few of the people who appeared in my article, including Daphne and Ross Miller, who were at the center of the most interesting drama to play out during our standoff with the police. She’s a family practice physician, he’s an architect, and they live in Diamond Heights with their two children, Emet, who is almost 9, and Arlen, 12, who was away on vacation when the war began.

“We were genuinely shocked that the war started,” Ross told me. “We were at some of the earlier protests and really thought there was no way [Bush] could do it.”

They woke up March 20, 2003, to news that the war had begun and immediately walked to the BART station with Emet and rode to the Embarcadero station, not really planning for the day ahead but just knowing that they had to make themselves heard.

“We were pissed as hell. I don’t think I’ve ever been so angry in my life,” Daphne said.

They quickly came up with a plan. “We basically decided that if anyone was going to be arrested, it was going to be Ross and I’d stay with Emet. But it didn’t end up that way and I ended up in the arrest circle.”

Daphne had their house keys and threw them over the police line to Ross at one point. A photographer in the circle had gotten shots of a man named Roman Fliegel being roughed up by police as they pulled him off his bicycle, which was towing a trailer with a sound system, and decided to throw his backpack with camera gear out as well. When Ross — who had four-year-old Emet on his shoulders — caught it and refused police orders to give it to them, police grabbed Emet and roughly arrested Ross, leaving a gash on his forehead.

“Rage surged through the crowd, and it seemed as if things might get ugly, but the police kept a tight lid on the situation, using their clubs to shove back protesters who had moved forward,” I wrote at the time.

Emet was delivered into the circle with Daphne as the arrests continued, many quite rough. “At that point, as a mom, I had to exercise the most restraint ever,” said Daphne, who was angry about the situation but fearful about what she was exposing her son to. “Please, don’t let any violence happen here,” she pleaded with the crowd. Eventually, commanders on the scene let the mother and child go.

“The officer who let me go said that if he saw me again out there, he would call Child Protective Services on me,” Daphne said. But two days later, still brimming with outrage at her country’s actions, she ditched a downtown medical conference to rejoin the street protests, this time solo.

The couple say they’ve lost friendships over the war and have become more engaged with politics, coming to believe that Bush and the neocons are malevolent figures who knew how badly the war would go and did it anyway to establish a large, permanent military base in Iraq.

“Since that day, we’ve been far more active,” Ross said. “We realized you can’t just trust the system. You have to push.”

But that determination was mixed with feelings of disempowerment and depression. They attended some of the protests that following year, but the couple — like most people — just stopped going at some point because they seemed so futile.

“There was a horrible sense of resignation and a genuine depression that followed,” Ross told me.

The nadir was when Bush was reelected and they considered leaving the country. But then, Ross said, “we decided we’re not just going to run away and we’re not going to accept this.” Looking back, even with the scare over Emet, they express no regrets.

“It was the right thing to do because it was the wrong war to have. I’d do it again and again and again if I had to,” Ross said

They’re guardedly hopeful that Barack Obama could begin to turn things around if he’s elected. “I think the right president can at least start to dismantle this,” Daphne said. “I think thousands of people marching in the streets is something he would listen to.”

25war3_Charles1.jpg A die-in on the streets of San Francisco in March 2007 marked the fourth anniversary of the invasion (Photo by Charles Russo)

 

WITNESS TO HISTORY

Covering the peace movement in those early days was a heady experience, like reporting on a revolutionary uprising or working in a foreign country where the people are organized and active enough to be able to shut down society and brave enough to risk bodily injury for their beliefs.

I was at the founding meeting of CodePink — which became the most effective group at personally confronting the warmongers and keeping the war in the public eye — one evening at Muddy Waters in the Mission District shortly after the war started.

Looking back, Benjamin rattled off a long list of the alliances the group built — with labor, churches, businesses, and a wide array of social movements — and creative actions intended to build and demonstrate popular support for ending the war.

“We’ve done so many things and what did we get? We got a surge,” she said. “It shows the crisis in our democracy, the crisis of the two-party system, the crisis of a dysfunctional opposition party.”

Yet she said the peace movement has been remarkably successful in convincing the public that the war was a mistake and that it’s time for the troops to come home, even if the Democrats have been slow to respond to that shift.

“The progress we’ve made is turning around public opinion and that’s going to play a big role in the upcoming elections,” she said. For Norr, the role of the news media is a particular sore spot. He was a technology reporter for the San Francisco Chronicle who called in sick on the first full day of war and was arrested on Market Street with his wife and daughter, resulting in suspension by editor Phil Bronstein for his actions.

I wrote several stories on the issue, which culminated in Norr being fired and Bronstein unilaterally banning Chron employees from peace protests. I even borrowed CodePink’s guerilla tactics when Bronstein repeatedly refused to return my calls or address why he had singled out antiwar protesters for uniquely punitive treatment. I confronted him during a speech he gave at the Commonwealth Club (see “Lies and half-truths,” 5/7/03). That was the tenor of the times: we were all tired of being lied to and we decided to push back.

Norr was particularly frustrated with his own paper’s reporting of the war and started sending articles by the foreign press to his paper’s news desk, trying to wake his colleagues up to the pro-war propaganda being passed off as journalism in this country.

He was also disappointed with the country and with the Chronicle — both the management and his fellow reporters, who did little to support him — but the experience caused him to return to his roots as a progressive activist.

“The war and losing the job and everything brought an abrupt end to my consumerist phase and dumped me back into the world of being an activist,” said Norr, who serves on the KPFA 94.1 FM local station board and has made three recent trips to the Palestinian territories while working with the International Solidarity Movement.

Benjamin said Americans shouldn’t expect the next president to end the war — not without lots of pressure from a renewed and vocal peace movement. “This is the time to set the stage for the post-Bush agenda,” Benjamin said. “Don’t put your hopes in Barack Obama in getting us out of Iraq. Put your hopes in the people.”

25war4_Lane1.jpg A rally and nonviolent direct action at the Richmond refinery targeted Chevron on March 15 (Photo by Lane Hartwell)

 

THE AFTERMATH

The San Francisco Police Department, which spent more than $2 million on overtime costs responding to peace protests between March 15 and April 16, 2003, generally behaved with restraint and professionalism, but there were several exceptions.

The most costly and disturbing incident came when Officer Anthony Nelson began aggressively swinging his long riot baton at protesters, badly shattering the arm of peaceful protester Linda K. Vaccarezza, who suffered a permanent disability in her career as a court reporter.

Nelson’s incident report falsely stated that Vaccarezza had threatened him with a sign attached to a solid pole, but video of the incident later clearly showed there was no pole and that she was retreating when he teed off on her (see “The home front,” 05/19/04).

Vaccarezza received an $835,000 settlement from the city in November of 2004. On Oct. 5, 2005, two and a half years after the incident, SFPD fired Nelson for lying about what happened that day, and the City Attorney’s Office has been successfully fighting Nelson’s appeals in court ever since, putting in more than $100,000 in attorney time and costs into the Nelson and Vaccarezza cases.

The other significant ongoing litigation from the antiwar protests involved Mary Bull, who was arrested during an early protest for pouring fake blood in front of the entrance to Chevron’s San Francisco office before being allegedly strip searched and left naked in her San Francisco Jail cell for 36 hours.

Ironically, Bull was among those who brought a successful class action lawsuit against Sacramento County after she and others protesting a logging plan were strip searched, setting a precedent and led most counties to reform their strip-search policies. She used her share of the $15 million judgment to buy an organic permaculture farm in Sebastopol.

Her San Francisco case, in which Bull won a multimillion-dollar judgment, is still under appeal and now in mediation. Bull said the protests five years ago did make a difference, something she tells those who fret about its apparent failure. “I tell them to look at what issues the candidates are talking about now and I thank them for protesting then.”

“Even though we had millions throughout the world, we were sort of blocked, but now we’re regaining that momentum,” Melodie Barclay, a massage therapist who was also arrested with me on the first day of the war, told me recently. “We can’t judge it by the fact that we didn’t get the momentum we wanted.”

Norr started his antiwar activism working with Students for a Democratic Society in Boston, protesting the Vietnam War, which he said shares many similarities with the current situation, for good or for ill. He said that people tend to forget that while the protests then were huge and helped end the war, the movement did wane after Nixon ended the draft and substituted massive aerial bombardment for boots on the ground.

“The protests dropped off considerably,” he said. “A lot of the things that drove people to take risks in the late ’60s had faded by the early ’70s.”

He thinks the current administration learned a lesson from those days: it’s easier to maintain a war effort if the average citizen isn’t affected.

But there are other factors as well keeping a lid on the antiwar outrage.

“The culture has changed too. Young people are oversaddled with debt. People in schools seem to be docile. The culture as a whole seems to be more individualist and consumerist,” Norr said.

Yet some young people have woken up and many of them are funneling their energies into a peace group that was formed in the summer of 2005: World Can’t Wait, as in: the world can’t wait for the end of Bush’s second term before we change our direction and leadership.

“We don’t just want them gone, we need to repudiate their program,” said Giovanni Jackson, a 26-year-old WCW student organizer. “If we’re going to change anything, we need the youth.”

Jackson was at WCW’s founding convention in New York City, which came just as New Orleans was being flooded and then essentially abandoned by the federal government.

“When [Kerry] lost, people felt demoralized and World Can’t Wait kind of stepped into that situation,” Jackson said. “There was a lot of demoralization in the antiwar movement at that time.”

The group organized protests and student walkouts on Nov. 2, 2005.

“Everyone has their moments of doubt,” he said, “but I’m motivated by the crimes we see everyday.”

 

THE LESSONS

One of the biggest barriers to galvanizing people and turning the fifth anniversary of the war into something that might make a difference is the presidential election, which is diverting the energy of many potential protesters — and at the same time, offering some hope that a new president may lead to peace.

After all, every single one of the Democratic presidential candidates has promised to withdraw troops from Iraq, with varying timelines and numbers of US personnel left behind. And with enough encouragement, they might be willing to help change the status quo.

Many of the activists who volunteered their time and money to help move the Obama campaign into its front-runner position came out of the antiwar movement, and Obama’s strong stand against the war has been a key factor in his popularity.

Becker and some other activists don’t have much faith that a change in presidents will change the course in Iraq, although he agrees that much of the energy now surrounding Barack Obama derives directly from the antiwar movement.

“There’s been a huge upsurge of hope for Obama and that he might bring about the kind of change we need,” Bull said, adding that she doesn’t share that hope, believing the only path to peace is to pressure Obama and other leaders to commit to more progressive positions.

Norr said, “On one level, people have illusions about the power of peaceful protests. People believe in democracy, as well they should. We feel like the rulers should be paying attention to public opinion.

“It’s a remarkable story how broadly and quickly the American people have turned against the war. Public opinion was certainly ahead of the Democrats.”

And people will only grow more disenchanted with Iraq and its multitude of costs. “The people here are paying for this war, and everyday we have new stories about health clinics being shut down,” Becker said.

Becker was amazed last March as massive demonstrations for immigrant rights seemed to explode out of nowhere. “We think there will be more things like that,” he said.

Because after five years of organizing communities to resist the military-industrial complex’s plans, Becker thinks there’s been some visible progress.

“There isn’t a town or hamlet in the US that doesn’t have activism going on, but you wouldn’t know it from the corporate media,” Becker said. “It’s a mistake for people to feel discouraged.”