Bay Guardian Archives

It’s on

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Invoking the spirit of George Moscone and Harvey Milk "so that we may be worthy of their powerful legacy," Assemblymember Mark Leno announced his candidacy March 2 for the State Senate seat now held by Carole Migden, setting off a high-profile fight between the two for the Democratic Party nomination next year.

"Welcome to democracy in action. Welcome to people power," Leno told the large crowd that gathered under the warm noontime sun at Yerba Buena Gardens, adjacent to the Martin Luther King Memorial and Moscone Center with its rooftop array of solar panels, which Leno said he will work to bring to more buildings.

MCing the event was Assessor Phil Ting, who praised Leno’s efforts to legalize same-sex marriage and said, "That’s the kind of leadership and integrity we deserve in San Francisco." District Attorney Kamala Harris then told the crowd, "I stand here in strong and unequivocal support for Mark Leno."

Among the other local notables on hand to support Leno were Fiona Ma, Susan Leal, Laura Spanjian, Julian Davis, Kim-Shree Maufas, Hydra Mendoza, Norman Yee, Lawrence Wong, Donna Sachet, Theresa Sparks, James Hormel, Natalie Berg, Bob Twomey, Jose Medina, August Longo, Linda Richardson, Calvin Welch, Jordanna Thigpen, Leah Shahum, Tom Radulovich, David Wall, Tim Gaskin, Esperanza Macias, and Espanola Jackson.

Notably absent were all the members of the Board of Supervisors, but it’s still very early in a campaign that is bound to be heated. (Steven T. Jones)

The honeymoon is over

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Update: That alert bunch over at the SFist has raised questions about whether the photo that we published this week of Mayor Gavin Newsom (wearing a pink honeymoon kimono) and his alleged stalker Han Shin was real or altered — and we’re kinda curious about that ourselves. As we acknowledged in the paper, we got it from a source who got it directly from Shin, so we can’t verify its authenticity. But maybe you can? Is is a real photo? Or if not, which are the fake parts? Are they really together? Is Newsom really wearing a pink honeymoon over a Reelect Bevan Dufty T-shit over what looks like a business shirt?
No matter what the conclusions, we’re still glad that we published the photo, which is either real or was faked and being passed around by Shin. Either way, weird stuff. Post your thoughts below.

The Honeymoon is over
By Tim Redmond

Poor Gavin Newsom: it’s tough to be a globe-trotting, movie star–dating celebrity mayor with a lingering sex scandal … and now a stalker. But not just any stalker — Han Shin, assuming the above photo is real (we got it from a trusted source who said he got it directly from Shin), once got the mayor to pose with him in a pink honeymoon kimono.

Shin, according to police accounts, has a troubled history: the San Francisco Chronicle reported that he allegedly threatened to kill his 76-year-old mother, who said that her son was dangerous whenever he stopped taking his medication.

Shin is also accused of shining a laser into a prosecutor’s eye during a court hearing. He was arrested by San Ramon police Feb. 28 for allegedly burglarizing the home of a man officers believe he had been in a relationship with and repeatedly trying to run over the guy’s roommate with his car.

Shin told the Chron that only the cops think he’s crazy and that he’s stopped taking his meds. He says he wears purple latex gloves because purple is the color of divinity and royalty. The city got a restraining order against him after he showed up in the lobby of Newsom’s apartment building.

The man apparently has a thing for Newsom: a Bay Area Reporter story this week says that "reports have also noted that Shin has attempted to flirt with the mayor and was seen photographing Newsom from the waist down at a recent public meeting the mayor held in the Bayview."

He kind of likes Sup. Bevan Dufty too: the supervisor says he met Shin last year when he was running for reelection and the man gave him a raspberry kimono — perhaps similar to the one Newsom is wearing in this photo. Again, the BAR: "Asked if Shin identified as gay, Dufty said, ‘He is like a cross between Liberace and Hello Kitty. He is out of his gourd.’ "

Interestingly, in the photo we were given, Newsom is wearing a Dufty campaign T-shirt under his kimono.

100 years of secrets

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› gwschulz@sfbg.com

They’re back.

First Amendment foes are again attempting to criminalize news reporting that exposes questionable if not illegal conduct by the White House, Pentagon, and intelligence agencies, from dispatching terrorism suspects to secret torture chambers abroad to listening in on private phone conversations.

An attempt by Sen. Kit Bond (R-Mo.) in 2005 to pass legislation similar to Britain’s Official Secrets Act failed, but Sen. Jon Kyl (R-Ariz.) quietly tried to attach an amendment to an unrelated bill scheduled for committee review last month that would have expanded the Espionage Act of 1917.

The amendment’s broad scope was narrowed March 2 before being shifted to another Senate bill amid an outcry by First Amendment advocates. The proposal’s almost laughably vague original legislative language aimed to punish anyone who published or communicated classified information "concerning efforts by the United States to identify, investigate or prevent terrorist activity."

The amendment would have extended jail time for whistleblowers to 20 years. Senate Bill 2, where the amendment now rests, was originally intended to enact the remaining recommendations of the 9/11 Commission. The new amendment would still punish employees working on Capitol Hill or other unauthorized personnel who knowingly disclose classified information contained in congressional reports.

Coalition of Journalists for Open Government coordinator Pete Weitzel told the Guardian that the earlier language seemed to include newspaper publishers as well as government employees in its scope.

Conservative members of Congress called for reporters to be punished under the Espionage Act after the New York Times, the Washington Post, and other media reported details of the George W. Bush White House’s domestic wiretapping and extraordinary rendition programs. In particular, Post reporter Dana Priest and Times reporter James Risen were condemned and accused of treason by Fox News pundits and jingoistic bloggers for harming national security, today’s ever-present excuse for government secrecy.

"Current laws are sufficient to prosecute anyone who leaks classified information and has an intent to harm the United States," Weitzel told us from Washington. "There’s no impediment to going ahead and prosecuting under existing law. So I don’t see a need for this additional legislation."

Sunshine activists worried the original amendment could plausibly include journalists covering emergency response planning, security failures, public health threats, and federal homeland security spending. In addition, its broadness is simply unconstitutional, according to the Virginia-based Sunshine in Government Initiative.

"The amendment would work to constrain critical reporting on homeland security — even information as basic as homeland security grants — as well as national security and foreign policy matters," the group, which includes the Association of Alternative Newsweeklies (of which the Guardian is a member), wrote in a public statement Feb. 27.

The Espionage Act was passed under President Woodrow Wilson and led to a 10-year prison term for one-time Socialist Party leader and presidential candidate Eugene V. Debs, who was eventually pardoned by President Warren G. Harding after serving three years. Debs had criticized World War I and conscription during a speech in Ohio.

"Do not worry over the charge of treason to your masters," he said during the speech, "but be concerned about the treason that involves yourselves. Be true to yourself, and you cannot be a traitor to any good cause on earth." *

James Madison Freedom of Information Award Winners

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The Society of Professional Journalists’ Northern California Chapter has been handing awards for 22 years to journalists, educators, public officials, and citizens who best exemplify the importance of open and accountable government and a free and diligent press. And every year the Guardian recognizes the winners and helps highlight the important issues that they raise for the Bay Area and beyond. Here are this year’s winners:

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


Three few years ago the Oakland Unified School District announced that, due to budget constraints, it was shutting down all the student-run newspapers in the district. Rowland "Reb" Rebele lives in Aptos, but he read about the shutdown in a San Francisco Chronicle column.

He picked up the phone, made some calls, and found out the situation was desperate and how much money was needed. He then wrote a check sufficient to resurrect the student newspapers for a year. Then he kept on writing checks to keep the papers going last year and again this year. This was typical of Rebele. No one asked him for help. He received virtually no acknowledgment for his gift. But his timely action turned the lights back on for fledgling newspapers that were out of money and, it seemed, out of luck.

Rebele is a First Amendment mensch (a description that James Madison, had he any familiarity with Yiddish, would have approved of). In his half century of publishing community newspapers that he owned and operated in Coalinga, Chula Vista, and Paradise in California and across the country, he was energetic, inspiring, and devoted to his readers and his communities, and a demon in pushing for open government and accountability. He pursued the same policies as a stalwart for half a century in the California Newspaper Publishers Association and as an activist president who brought key reforms and exceptional leaders to the organization.

Rebele has been a director of the California First Amendment Coalition for a decade. He quickly became the one truly indispensable member of the organization, pushing it, pulling it, holding it together, and cajoling it to broaden its activities because he felt the organization and its mission were vital.

He has also launched an innovative internship program at Stanford University. Rather than just give money to the school, he and his wife, Pat, created a program that has enabled dozens of students to get hands-on experience writing for real newspapers in California. Quietly and selflessly, Rebele has spent his newspaper career fighting the good fight for First Amendment and public interest principles. (Bruce B. Brugmann)

Beverly Kees Educator Award

ROBERT OVETZ


Art Institute of San Francisco instructor Robert Ovetz was fired after he criticized the administration for confiscating a magazine his students produced for his class last December.

Ovetz, who had taught at the institute for three years, told his students to create a "culturally critical" magazine as their final project for a cultural studies class he taught last fall. They produced a 36-page zine called Mute/Off.

Less than 24 hours after he and students distributed 500 copies of the magazine, which Ovetz printed with the institute’s copy machine, most were gone. Ovetz initially attributed their disappearance to popularity, but he soon learned from students that the administration of the school, which was purchased by Goldman Sachs and General Electric last year, had removed them from its campuses and even literally pulled them out of students’ hands.

"This is an example of how a corporation is not held accountable for upholding basic constitutional rights [to] free speech. This is a private company that’s operating as an institution of higher learning," Ovetz told the Guardian. "Its only interest is its bottom line, and its bottom line is profit."

Ovetz complained to the administration about vioutf8g the students’ freedom of speech and received his pink slip Dec. 20, 2006. Dean of Academic Affairs Caren Meghreblian told Ovetz the magazine possibly violated copyright law by reproducing corporate logos without permission and had grammatical errors. She also said a story in the magazine called "Homicide," about three white kids playing a video game as black gangsters, might be racist.

After Ovetz and students complained and the media reported the story, the administration allowed students to redistribute the magazines, but it still refuses to give Ovetz his job back. (Chris Albon)

To size up the magazine yourself, visit www.brandedmonkey.com/muteOffLowRes.pdf.

Citizen

RYAN MCKEE


The object of the California Public Records Act is to ensure the people’s right to know how their state and local governments are functioning. Newspapers are often the entities that test the limits and loopholes of the law. But in January 2006 an 18-year-old college student, Ryan McKee, undertook an audit of each of the 31 California state agencies that was the first of its kind. McKee tested how these agencies, which he personally visited, responded to simple requests to view and get copies of readily available public documents. The results revealed a disturbing pattern. Several agencies performed miserably, including the Department of Justice, which counsels and represents many other state agencies on the Public Records Act, and all of the agencies violated at least one aspect of the law. Common problems included asking for identification, making illegal charges, and taking longer than allowed to release information. McKee undertook the audit while volunteering for Californians Aware, a nonprofit where his father, Richard McKee, is president. A copy of the audit, including its results and grades, was sent to each agency to help it better understand and adjust to its responsibilities. (Sarah Phelan)

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


ANG Newspapers regional reporters Rebecca Vesely and Michele Marcucci are being honored for the series "Broken Homes" and their unflinching pursuit of public records that exposed negligent care administered to people with autism and other forms developmental disabilities. The series highlighted problems ranging from a lack of proper supervision to unlicensed officials working at health care facilities. Some of these offenses were then linked to patient deaths.

The award recognizes the daunting and tedious task that befell the journalists: 15 months of scouring thousands of hard-copy papers from dozens of sources that included licensing agencies, multiple law enforcement bureaus, and coroner’s offices. The results were entered into a database and cross-checked against other sources of information.

"It’s not like we work at the New York Times, where you can lock yourself in a room for a year. This is one-stop shopping here," Marcucci told the Guardian, noting that both reporters continued their daily beats while working on the project. The series was well received and helped prompt state officials to reinstate inspections of licensed facilities that had been eliminated due to budget cuts. (Christopher Jasmin)

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


Two reporters from the Sacramento Bee, Andrew McIntosh and John Hill, get Freedom of Information props for exposing the cronyism and the corruption of the California Highway Patrol.

The two wrote a series of articles detailing how the CHP violated state and department regulations in awarding contracts for items ranging from pistols to helicopters.

"The CHP spends hundreds of millions of dollars each year on equipment and goods," McIntosh told the Guardian. "That’s taxpayer money."

McIntosh said he and Hill took a systematic look at the department’s bidding process and found it was not competitive. The investigation led to the suspension of one officer, Gregory Williams, who the reporters found had awarded $600,000 worth of contracts to his daughter’s company for license plate scanning devices, $500,000 of which was canceled after the reporters exposed the scandal.

The reporters also found the CHP, which controls signature gathering at the Department of Motor Vehicles and other state buildings, denied more than 100 applications for permission to register voters or solicit signatures. Other stories pushed Senate majority leader Gloria Romero and Assemblymember Bonnie Garcia to call for a state audit of the CHP.

McIntosh told us the investigation showed "the CHP is not above public scrutiny or the law when it comes to business dealings." (Albon)

MEERA PAL, CONTRA COSTA TIMES


A good mayoral race isn’t really fun unless a bit of scandal emerges, like it did in Pleasanton two weeks before the November 2006 election.

Meera Pal decided to research the roots of a story that was handed to her by city council member Steve Brozosky, who was challenging incumbent mayor Jennifer Hosterman. Brozosky gave Pal e-mails his campaign treasurer obtained through open-records laws that showed Hosterman may have used her city e-mail account to solicit campaign donations and endorsements, a violation of state law.

But Pal went beyond Brozosky’s story and submitted her own public records requests for the city e-mail account of the mayor, as well as a year’s worth of e-mail from Brozosky and the three other council members.

Pal’s public records request revealed that Brozosky’s inbox was completely void of any e-mail, something neither he nor the city’s IT manager could explain. Brozosky is a computer expert who runs a company that vends city Web site software, so his technical expertise made the situation even more suspicious.

Investigations revealed it was just a setting on his computer that was inadvertently scrubbing the e-mail from the city’s server. Though both violations aren’t necessarily serious crimes, the race was close enough that dirt on either side could have had a profound impact on the outcome, and the results show 68,000 voters who were truly torn during the last two weeks before election day while Pal was reporting these stories. Hosterman eventually won by just 188 votes. (Amanda Witherell)

SUSAN SWARD, BILL WALLACE, ELIZABETH FERNANDEZ, AND SETH ROSENFELD, SAN FRANCISCO CHRONICLE


In the wake of 2003’s so-called Fajitagate police scandal — in which San Francisco officer Alex Fagan Jr. and others were accused of assaulting and then covering up their alleged vicious beating of innocent citizens — the San Francisco Chronicle uncovered records showing that Fagan’s short history on the force was marked by regular incidents of abusive behavior, the kind of records that should have served as a warning for the problems to come.

"We decided to take a look to see how common it was. And we spent a lot of time doing that," Steve Cook, the Chronicle editor of what became last year’s five-part "Use of Force" series, told the Guardian. The team used the Sunshine Ordinance to gather boxloads of records on use-of-force incidents, which it organized into a database that was then supplemented and cross-referenced with a wide variety of other public records, along with old-fashioned shoe leather reporting, all the while fighting through bureaucratic denials and delays.

Despite an embarrassing mislabeled photo on the first day of the series that served as fodder for attacks by the Police Department and Mayor’s Office, the series made clear that rogue cops were abusing their authority, totally unchecked by their supervisors. "We were proud of what we were able to show," Cook said. "We showed a department in need of some basic reforms."

The series helped spur the early intervention system that was recently approved by the Police Commission. It’s a good first step, but one criticized by the Chron and the Guardian for failing to include some key indicators used in other cities (see our editorial "Fix Early Warning for Cops," 2/28/07), something that Cook said requires ongoing vigilance by the press, to bring about needed reforms: "Only the news media is really going to accomplish this, if they stay with the story." (Steven T. Jones)

Legal counsel

DAVID GREENE


The First Amendment was never about money. Free speech is supposed to be free. But these days threats to the First Amendment are growing, more and more people who lack the resources of a major media outlet are in need of help — and there aren’t many places dedicated to offering that assistance, free.

That’s where David Greene and the First Amendment Project come in.

Since 1999, as a staff attorney and executive director, Greene has helped dozens of freelance journalists, students, nonprofit organizations, and independent media outlets protect and expand their free speech and open government rights.

The operation he runs is totally independent. That’s a key point in an era of massive media consolidation: when the Guardian sought earlier this year to find legal representation to force open the key records in a lawsuit over Dean Singleton’s local newspaper merger, we found that just about every local media law firm represented at least one of the parties to the case and thus was conflicted. The FAP was not.

Greene and the FAP have represented blogger Josh Wolf and freelancer Sarah Olson in landmark subpoena cases. Greene, with the American Civil Liberties Union of Northern California, wrote the amicus brief on behalf of noted literary artists in the California Supreme Court case In re George T., in which the court, relying heavily on the FAP brief, overturned the conviction of a juvenile who made threats to other students with a poem. And the struggle just goes on. The FAP is funded largely by private donations and always needs additional support.

"Unfortunately," Greene told us, "we have to turn away a lot more cases than we can take." (Tim Redmond)

News media

SAN JOSE MERCURY NEWS


After years of last-minute backroom deals at San Jose’s City Hall, things came to a head when the City Council rubber-stamped proposals to give a $4 million subsidy to the San Jose Grand Prix, $80 million for a stadium to keep the Earthquake soccer team from leaving town, and $45 million for new City Hall furniture.

Clearly, something had to give. But it was left to San Jose Mercury News editorial writers to push for transparent and accessible government and better enforcement of the state’s open government laws.

First they shamed the city, pointing out that "San Francisco, Oakland, even Milpitas have better public-access laws." Next they hammered then-mayor Ron Gonzales for saying that calls for more open government were "a bunch of nonsense." Then they printed guiding principles for a proposed sunshine ordinance that they’d developed in conjunction with the League of Women Voters and Mercury News attorney James Chadwick.

When city council member Chuck Reed was elected mayor on a platform of open government reforms, the paper still didn’t give up. Instead, it’s continuing to champion the need to bring more sunshine to San Jose and working with a community task force on breaking new ground, such as taping closed sessions so they can one day be made available when there’s no further need for secrecy.

Somehow the Merc also managed to pull off another amazing feat: the paper built public understanding of and support for sunshine along the way. (Phelan)

SAN MATEO COUNTY TIMES


When outbreaks of the highly contagious norovirus sprang up in a number of California counties, San Mateo County was among those hit. Public health officials, however, would not release the names of the facilities where numerous individuals became infected, citing concerns about privacy and not wanting to discourage facility managers from contacting health officials.

Nonetheless, the San Mateo County Times ran a series of reports on the outbreaks in the named and unnamed facilities. After publishing reports on unnamed facilities, the news staff began to receive phone calls from residents who wanted to know the names of the facilities. Times reporter Rebekah Gordon told us it became clear that the public wanted to know this information, and the paper fought the county’s secrecy.

Gordon learned that facilities are required by law to report outbreaks, regardless of the potential for media exposure. Times attorney Duffy Carolan sought out and won the disclosure of the names of four facilities.

"The county’s initial nondisclosure decision evoked public policy and public safety concerns at a very broad level, and nondisclosure would have had a very profound effect on the public’s ability to obtain information that affects their own health and safety. By persisting in the face of secrecy, the Times was able to establish a precedent and practice that will well serve to inform their readers in the future," Carolan told us.

The paper learned the outbreak was far more widespread than the county had admitted, finding 146 cases in six facilities. Gordon said, "The numbers were so much higher than we were ever led to believe." (Julie Park)

Online free speech

JOSH WOLF


Even as he sits inside the Federal Correctional Institute in Dublin, where he’s been denied on-camera and in-person interviews, jailed freelance journalist Josh Wolf manages to get out the message. Last month Wolf, who is imprisoned for refusing to give up video outtakes of a July 2005 anarchist protest in the Mission that turned violent, earned a place in the Guinness World Records for being the journalist to have served the longest jail term in US history for resisting a subpoena.

His thoughts on the agenda behind his incarceration were read at press conferences that day, reminding everyone of the importance of a free press. Meanwhile, Wolf has managed to continue operating his blog, www.joshwolf.net, by sending letters to family, friends, and fellow journalists, including those at the Guardian.

Wolf has also managed to create two other Web sites: www.mediafreedoms.net, which supports journalists’ resistance to government pressure, and www.prisonblogs.net, which allows prisoners to air thoughts and grievances. If Wolf can do all this from behind bars, imagine what he’ll do when he finally gets out. As Wolf would say, if we could only speak to him without reserving a phone interview 48 hours in advance: "Free press? Then free Josh Wolf!" (Phelan)

Public official

JOHN SARSFIELD


As district attorney for San Benito County, John Sarsfield upset the political applecart when he tried to prosecute the County Board of Supervisors for ignoring the Brown Act’s prohibitions on private communication and consensus building among board members on matters that involved employment decisions, personnel appeals, contracting, and land use–growth control issues.

His decision didn’t sit well in a county where battles over the future of the land have spawned Los Valientes, a secret society that has targeted slow-growth advocates and anyone who gets in its way — including believers in open government. So the board retaliated by defunding Sarsfield’s office, forcing the DA to file for a temporary restraining order against the board, the county administrative officer, and the county auditor, a countermove that kept his office operating and the investigation alive — until he lost his reelection bid to the board’s chosen candidate in January 2006.

One of Los Valientes’s targets, Mandy Rose, a Sierra Club member and slow-growth advocate, recalled how people on the outside warned Sarsfield what he was up against, "but he insisted on working within the system. It was what he believed in. Someone even said he was a Boy Scout."

For his efforts, Sarsfield’s life was turned into a living hell that cost him his dogs, his marriage, and eventually his job. But now, with this award, he gets some small recognition for fighting the good fight. And he has also been appointed special assistant inspector general within the Office of the Inspector General by Gov. Arnold Schwarzenegger. (Phelan)

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


Investigative reporter Lance Williams and sportswriter Mark Fainaru-Wada joined forces in 2003 to take on what became one of the biggest — and most controversial — local news stories of the past five years.

The investigation of the Burlingame-based Bay Area Laboratory Co-operative, better known as BALCO, and the larger scandal of widespread steroid use among baseball players was, the San Francisco Chronicle editors decided, too big for one reporter.

In fact, it turned out to be big enough for a series of stories, a book, and a legal battle that almost sent the two writers to federal prison. The duo admits today it was mostly the fear of getting scooped that drove them through the story’s dramatic rise.

"I’m a baseball fan in recovery," Williams told the Guardian. "I used to think I knew the sport. I didn’t have a clue about this stuff. I’m not kidding you. I had no idea how much a part of baseball steroids had become … that whole sort of seamy underside of the drug culture and the game. I just didn’t know it was like that, and I think most fans don’t either."

Although prosecutors seemed to be focusing on BALCO executives, everyone following the story wanted to know what witnesses — in this case top sports stars — told a federal grand jury investigating the company. The outfit had allegedly distributed undetectable steroids and other designer drugs to some of the world’s greatest athletes, including Giants slugger Barry Bonds, who is on his way to making history with a new home run record.

In 2003 the Chronicle published lurid details of the grand jury’s investigation based on notes Williams and Fainaru-Wada had obtained from court transcripts leaked by an anonymous source. Bonds denied knowingly taking any steroids, but prosecutors waved in the air documents allegedly confirming his regular use of substances banned by Major League Baseball.

Furious prosecutors launched an investigation into the leak of secret grand jury transcripts. The reporters were called on to testify but refused — and so joined two other reporters last year threatened with jail time for resisting subpoenas. A lawyer stepped forward last month and admitted leaking the documents, but Williams and Fainaru-Wada came dangerously close to landing in the same East Bay lockup where blogger Josh Wolf is held for refusing to cooperate with a federal grand jury.

The rash of recent attacks on reporters by federal prosecutors has First Amendment advocates up in arms. After all, no one’s going to leak crucial information if the courts can simply bulldoze the anonymity that journalists grant whistleblowers. Fainaru-Wada and Williams have since inspired a bipartisan proposal in Congress to protect journalists at the federal level (dozens of states already have variations of a shield law in place).

"People roll their eyes when you start talking about the First Amendment," Fainaru-Wada said. "But the First Amendment is not about the press, it’s about the public."

In addition to the James Madison Freedom of Information Award, Williams and Fainaru-Wada’s coverage of the BALCO stories earned them the prestigious George Polk Award. But the story took a dark, unexpected turn last month.

Defense attorney Troy Hellerman, who represented one of the BALCO executives, pleaded guilty Feb. 15 to contempt of court and obstruction of justice charges and could serve up to two years in prison for admitting he twice allowed Fainaru-Wada to take notes from the grand jury’s sealed transcripts.

Just as he was spilling details in 2004, Hellerman demanded that a judge dismiss charges against his client, complaining that the leaks prevented a fair trial. He even blamed the leaks on prosecutors. A deputy attorney general called the moves "an especially cynical abuse of our system of justice."

Media critics lashed out at Williams and Fainaru-Wada for exploiting the leaks before and after Hellerman moved for a dismissal. Among those attacking the Chron reporters were Slate editor Jack Shafer and Tim Rutten at the LA Times, who described the conduct as "sleazy and contemptible."

Williams and Fainaru-Wada today still won’t discuss specifics about their sources, but Williams said without the leaks, names of the athletes involved would have otherwise been kept secret by the government even though the grand jury’s original BALCO investigation was complete.

"The witnesses didn’t have any expectation of privacy or secrecy of any kind," he said. "They were going to be trial witnesses. It was in that context that our reporting got under way. I am sensitive to the need of an investigative grand jury to remain secret. And I’m respectful in general of the government’s secrecy concerns. But it’s not the reporter’s job to enforce that stuff." (G.W. Schulz)

SARAH OLSON


When Oakland freelance writer and radio journalist Sarah Olson stood up to the Army by resisting a subpoena to testify in the case of Iraq war resister First Lt. Ehren Watada, she faced felony charges as well as jail time. But Olson understood that testifying against a source would turn her into an investigative tool of the federal government and chill dissent nationwide. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist anymore," Olson told the Guardian.

She also objected to journalists being asked to participate in the prosecution of free speech. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime," Olson said. Watada, whom Olson interviewed, has been charged with missing a troop movement and conduct unbecoming an officer, because he publicly criticized President George W. Bush and his illegal Iraq War.

In the end, Army prosecutors dropped the subpoena once Watada agreed to stipulate that Olson’s reporting was accurate. Olson, for her part, attributes the dropping of the subpoena to the support she received from media groups, including the Society for Professional Journalists. (Phelan)

Student journalist

STAFF OF THE LOWELL


The 2006 school year got off to a rough start for Lowell High School, one of the top-ranked public high schools in the country and certainly San Francisco’s finest. The school’s award-winning student newspaper the Lowell was covering it all.

After the October issue went to press, the school’s two journalism classes, which are solely responsible for writing and editing content for the monthly paper, received a visit from the school’s interim principal, Amy Hansen. Though Hansen says there was no attempt to censor the paper and the classes agree that no prior review was requested when it appeared that the students would be covering some controversial stories, the principal questioned their motivations as journalists and asked them to consider a number of complicated scenarios designed to make them second-guess their roles as reporters. The principal told the student journalists they had a moral responsibility, not to turn out the news, but to turn in their sources and information.

In separate meetings with each journalism class, Hansen questioned them about when it was appropriate to lay aside the pen and paper in the name of the law. The students maintained that as journalists they are in the position to report what happens and not pass moral judgment. Additionally, their privileged position as information gatherers would be compromised if they revealed their sources.

The lectures from Hansen did not deter the journalism classes from their basic mission to cover school news as objectively and thoroughly as possible. Even when police were called in to question Megan Dickey, who was withholding the name of a source she’d used in a story about a tire slashing, she still refused to say what she knew. (Witherell)

Whistleblower

MARK KLEIN


Mark Klein knew there was something fishy going on when his boss at AT&T told him that a representative of the National Security Agency would be coming by to talk to one of the senior technicians. Klein was a union communications tech, one of the people who keep the phone company’s vast network going every day. The NSA visitor stopped by, and before long Klein learned that AT&T’s building on Folsom Street would have a private room that none of the union techs would be allowed to enter.

Klein kept his eyes open and learned enough from company memos to conclude that the government was using AT&T’s equipment to monitor the private communications of unsuspecting and mostly undeserving citizens. When he retired in May 2004, he took a stack of material with him — and when he read in the New York Times a year and half later that the NSA had indeed been spying on people, he decided to go public.

The 62-year-old East Bay resident had never been a whistleblower. "I didn’t even know where to begin," he told us. So he surfed the Web looking for civil liberties groups and wound up contacting the Electronic Frontier Foundation.

It was a perfect match: the EFF was about to file a landmark class-action lawsuit against AT&T charging the company with collaborating with the government to spy on ordinary citizens — and Klein’s evidence was a bombshell.

"Mark Klein is a true American hero," EFF lawyer Kurt Opsahl told us. "He has bravely come forward with information critical for proving AT&T’s involvement with the government’s invasive surveillance program."

Federal Judge Vaughn Walker has kept Klein’s written testimony under seal, but the EFF is trying to get it released to the public. The suit is moving forward. (Redmond)

SPJ-NorCal’s James Madison Awards dinner is March 13 at 5:30 p.m. at Biscuits and Blues, 401 Mason, SF. Tickets are $50 for members and $70 for the general public. For more information or to see if tickets are still available, contact Matthew Hirsch at (415) 749-5451 or mhirsch@alm.com.

James Madison Freedom of Information Award Winners

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The Society of Professional Journalists’ Northern California Chapter has been handing awards for 22 years to journalists, educators, public officials, and citizens who best exemplify the importance of open and accountable government and a free and diligent press. And every year the Guardian recognizes the winners and helps highlight the important issues that they raise for the Bay Area and beyond. Here are this year’s winners:

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


Three few years ago the Oakland Unified School District announced that, due to budget constraints, it was shutting down all the student-run newspapers in the district. Rowland "Reb" Rebele lives in Aptos, but he read about the shutdown in a San Francisco Chronicle column.

He picked up the phone, made some calls, and found out the situation was desperate and how much money was needed. He then wrote a check sufficient to resurrect the student newspapers for a year. Then he kept on writing checks to keep the papers going last year and again this year. This was typical of Rebele. No one asked him for help. He received virtually no acknowledgment for his gift. But his timely action turned the lights back on for fledgling newspapers that were out of money and, it seemed, out of luck.

Rebele is a First Amendment mensch (a description that James Madison, had he any familiarity with Yiddish, would have approved of). In his half century of publishing community newspapers that he owned and operated in Coalinga, Chula Vista, and Paradise in California and across the country, he was energetic, inspiring, and devoted to his readers and his communities, and a demon in pushing for open government and accountability. He pursued the same policies as a stalwart for half a century in the California Newspaper Publishers Association and as an activist president who brought key reforms and exceptional leaders to the organization.

Rebele has been a director of the California First Amendment Coalition for a decade. He quickly became the one truly indispensable member of the organization, pushing it, pulling it, holding it together, and cajoling it to broaden its activities because he felt the organization and its mission were vital.

He has also launched an innovative internship program at Stanford University. Rather than just give money to the school, he and his wife, Pat, created a program that has enabled dozens of students to get hands-on experience writing for real newspapers in California. Quietly and selflessly, Rebele has spent his newspaper career fighting the good fight for First Amendment and public interest principles. (Bruce B. Brugmann)

Beverly Kees Educator Award

ROBERT OVETZ


Art Institute of San Francisco instructor Robert Ovetz was fired after he criticized the administration for confiscating a magazine his students produced for his class last December.

Ovetz, who had taught at the institute for three years, told his students to create a "culturally critical" magazine as their final project for a cultural studies class he taught last fall. They produced a 36-page zine called Mute/Off.

Less than 24 hours after he and students distributed 500 copies of the magazine, which Ovetz printed with the institute’s copy machine, most were gone. Ovetz initially attributed their disappearance to popularity, but he soon learned from students that the administration of the school, which was purchased by Goldman Sachs and General Electric last year, had removed them from its campuses and even literally pulled them out of students’ hands.

"This is an example of how a corporation is not held accountable for upholding basic constitutional rights [to] free speech. This is a private company that’s operating as an institution of higher learning," Ovetz told the Guardian. "Its only interest is its bottom line, and its bottom line is profit."

Ovetz complained to the administration about vioutf8g the students’ freedom of speech and received his pink slip Dec. 20, 2006. Dean of Academic Affairs Caren Meghreblian told Ovetz the magazine possibly violated copyright law by reproducing corporate logos without permission and had grammatical errors. She also said a story in the magazine called "Homicide," about three white kids playing a video game as black gangsters, might be racist.

After Ovetz and students complained and the media reported the story, the administration allowed students to redistribute the magazines, but it still refuses to give Ovetz his job back. (Chris Albon)

To size up the magazine yourself, visit www.brandedmonkey.com/muteOffLowRes.pdf.

Citizen

RYAN MCKEE


The object of the California Public Records Act is to ensure the people’s right to know how their state and local governments are functioning. Newspapers are often the entities that test the limits and loopholes of the law. But in January 2006 an 18-year-old college student, Ryan McKee, undertook an audit of each of the 31 California state agencies that was the first of its kind. McKee tested how these agencies, which he personally visited, responded to simple requests to view and get copies of readily available public documents. The results revealed a disturbing pattern. Several agencies performed miserably, including the Department of Justice, which counsels and represents many other state agencies on the Public Records Act, and all of the agencies violated at least one aspect of the law. Common problems included asking for identification, making illegal charges, and taking longer than allowed to release information. McKee undertook the audit while volunteering for Californians Aware, a nonprofit where his father, Richard McKee, is president. A copy of the audit, including its results and grades, was sent to each agency to help it better understand and adjust to its responsibilities. (Sarah Phelan)

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


ANG Newspapers regional reporters Rebecca Vesely and Michele Marcucci are being honored for the series "Broken Homes" and their unflinching pursuit of public records that exposed negligent care administered to people with autism and other forms developmental disabilities. The series highlighted problems ranging from a lack of proper supervision to unlicensed officials working at health care facilities. Some of these offenses were then linked to patient deaths.

The award recognizes the daunting and tedious task that befell the journalists: 15 months of scouring thousands of hard-copy papers from dozens of sources that included licensing agencies, multiple law enforcement bureaus, and coroner’s offices. The results were entered into a database and cross-checked against other sources of information.

"It’s not like we work at the New York Times, where you can lock yourself in a room for a year. This is one-stop shopping here," Marcucci told the Guardian, noting that both reporters continued their daily beats while working on the project. The series was well received and helped prompt state officials to reinstate inspections of licensed facilities that had been eliminated due to budget cuts. (Christopher Jasmin)

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


Two reporters from the Sacramento Bee, Andrew McIntosh and John Hill, get Freedom of Information props for exposing the cronyism and the corruption of the California Highway Patrol.

The two wrote a series of articles detailing how the CHP violated state and department regulations in awarding contracts for items ranging from pistols to helicopters.

"The CHP spends hundreds of millions of dollars each year on equipment and goods," McIntosh told the Guardian. "That’s taxpayer money."

McIntosh said he and Hill took a systematic look at the department’s bidding process and found it was not competitive. The investigation led to the suspension of one officer, Gregory Williams, who the reporters found had awarded $600,000 worth of contracts to his daughter’s company for license plate scanning devices, $500,000 of which was canceled after the reporters exposed the scandal.

The reporters also found the CHP, which controls signature gathering at the Department of Motor Vehicles and other state buildings, denied more than 100 applications for permission to register voters or solicit signatures. Other stories pushed Senate majority leader Gloria Romero and Assemblymember Bonnie Garcia to call for a state audit of the CHP.

McIntosh told us the investigation showed "the CHP is not above public scrutiny or the law when it comes to business dealings." (Albon)

MEERA PAL, CONTRA COSTA TIMES


A good mayoral race isn’t really fun unless a bit of scandal emerges, like it did in Pleasanton two weeks before the November 2006 election.

Meera Pal decided to research the roots of a story that was handed to her by city council member Steve Brozosky, who was challenging incumbent mayor Jennifer Hosterman. Brozosky gave Pal e-mails his campaign treasurer obtained through open-records laws that showed Hosterman may have used her city e-mail account to solicit campaign donations and endorsements, a violation of state law.

But Pal went beyond Brozosky’s story and submitted her own public records requests for the city e-mail account of the mayor, as well as a year’s worth of e-mail from Brozosky and the three other council members.

Pal’s public records request revealed that Brozosky’s inbox was completely void of any e-mail, something neither he nor the city’s IT manager could explain. Brozosky is a computer expert who runs a company that vends city Web site software, so his technical expertise made the situation even more suspicious.

Investigations revealed it was just a setting on his computer that was inadvertently scrubbing the e-mail from the city’s server. Though both violations aren’t necessarily serious crimes, the race was close enough that dirt on either side could have had a profound impact on the outcome, and the results show 68,000 voters who were truly torn during the last two weeks before election day while Pal was reporting these stories. Hosterman eventually won by just 188 votes. (Amanda Witherell)

SUSAN SWARD, BILL WALLACE, ELIZABETH FERNANDEZ, AND SETH ROSENFELD, SAN FRANCISCO CHRONICLE


In the wake of 2003’s so-called Fajitagate police scandal — in which San Francisco officer Alex Fagan Jr. and others were accused of assaulting and then covering up their alleged vicious beating of innocent citizens — the San Francisco Chronicle uncovered records showing that Fagan’s short history on the force was marked by regular incidents of abusive behavior, the kind of records that should have served as a warning for the problems to come.

"We decided to take a look to see how common it was. And we spent a lot of time doing that," Steve Cook, the Chronicle editor of what became last year’s five-part "Use of Force" series, told the Guardian. The team used the Sunshine Ordinance to gather boxloads of records on use-of-force incidents, which it organized into a database that was then supplemented and cross-referenced with a wide variety of other public records, along with old-fashioned shoe leather reporting, all the while fighting through bureaucratic denials and delays.

Despite an embarrassing mislabeled photo on the first day of the series that served as fodder for attacks by the Police Department and Mayor’s Office, the series made clear that rogue cops were abusing their authority, totally unchecked by their supervisors. "We were proud of what we were able to show," Cook said. "We showed a department in need of some basic reforms."

The series helped spur the early intervention system that was recently approved by the Police Commission. It’s a good first step, but one criticized by the Chron and the Guardian for failing to include some key indicators used in other cities (see our editorial "Fix Early Warning for Cops," 2/28/07), something that Cook said requires ongoing vigilance by the press, to bring about needed reforms: "Only the news media is really going to accomplish this, if they stay with the story." (Steven T. Jones)

Legal counsel

DAVID GREENE


The First Amendment was never about money. Free speech is supposed to be free. But these days threats to the First Amendment are growing, more and more people who lack the resources of a major media outlet are in need of help — and there aren’t many places dedicated to offering that assistance, free.

That’s where David Greene and the First Amendment Project come in.

Since 1999, as a staff attorney and executive director, Greene has helped dozens of freelance journalists, students, nonprofit organizations, and independent media outlets protect and expand their free speech and open government rights.

The operation he runs is totally independent. That’s a key point in an era of massive media consolidation: when the Guardian sought earlier this year to find legal representation to force open the key records in a lawsuit over Dean Singleton’s local newspaper merger, we found that just about every local media law firm represented at least one of the parties to the case and thus was conflicted. The FAP was not.

Greene and the FAP have represented blogger Josh Wolf and freelancer Sarah Olson in landmark subpoena cases. Greene, with the American Civil Liberties Union of Northern California, wrote the amicus brief on behalf of noted literary artists in the California Supreme Court case In re George T., in which the court, relying heavily on the FAP brief, overturned the conviction of a juvenile who made threats to other students with a poem. And the struggle just goes on. The FAP is funded largely by private donations and always needs additional support.

"Unfortunately," Greene told us, "we have to turn away a lot more cases than we can take." (Tim Redmond)

News media

SAN JOSE MERCURY NEWS


After years of last-minute backroom deals at San Jose’s City Hall, things came to a head when the City Council rubber-stamped proposals to give a $4 million subsidy to the San Jose Grand Prix, $80 million for a stadium to keep the Earthquake soccer team from leaving town, and $45 million for new City Hall furniture.

Clearly, something had to give. But it was left to San Jose Mercury News editorial writers to push for transparent and accessible government and better enforcement of the state’s open government laws.

First they shamed the city, pointing out that "San Francisco, Oakland, even Milpitas have better public-access laws." Next they hammered then-mayor Ron Gonzales for saying that calls for more open government were "a bunch of nonsense." Then they printed guiding principles for a proposed sunshine ordinance that they’d developed in conjunction with the League of Women Voters and Mercury News attorney James Chadwick.

When city council member Chuck Reed was elected mayor on a platform of open government reforms, the paper still didn’t give up. Instead, it’s continuing to champion the need to bring more sunshine to San Jose and working with a community task force on breaking new ground, such as taping closed sessions so they can one day be made available when there’s no further need for secrecy.

Somehow the Merc also managed to pull off another amazing feat: the paper built public understanding of and support for sunshine along the way. (Phelan)

SAN MATEO COUNTY TIMES


When outbreaks of the highly contagious norovirus sprang up in a number of California counties, San Mateo County was among those hit. Public health officials, however, would not release the names of the facilities where numerous individuals became infected, citing concerns about privacy and not wanting to discourage facility managers from contacting health officials.

Nonetheless, the San Mateo County Times ran a series of reports on the outbreaks in the named and unnamed facilities. After publishing reports on unnamed facilities, the news staff began to receive phone calls from residents who wanted to know the names of the facilities. Times reporter Rebekah Gordon told us it became clear that the public wanted to know this information, and the paper fought the county’s secrecy.

Gordon learned that facilities are required by law to report outbreaks, regardless of the potential for media exposure. Times attorney Duffy Carolan sought out and won the disclosure of the names of four facilities.

"The county’s initial nondisclosure decision evoked public policy and public safety concerns at a very broad level, and nondisclosure would have had a very profound effect on the public’s ability to obtain information that affects their own health and safety. By persisting in the face of secrecy, the Times was able to establish a precedent and practice that will well serve to inform their readers in the future," Carolan told us.

The paper learned the outbreak was far more widespread than the county had admitted, finding 146 cases in six facilities. Gordon said, "The numbers were so much higher than we were ever led to believe." (Julie Park)

Online free speech

JOSH WOLF


Even as he sits inside the Federal Correctional Institute in Dublin, where he’s been denied on-camera and in-person interviews, jailed freelance journalist Josh Wolf manages to get out the message. Last month Wolf, who is imprisoned for refusing to give up video outtakes of a July 2005 anarchist protest in the Mission that turned violent, earned a place in the Guinness World Records for being the journalist to have served the longest jail term in US history for resisting a subpoena.

His thoughts on the agenda behind his incarceration were read at press conferences that day, reminding everyone of the importance of a free press. Meanwhile, Wolf has managed to continue operating his blog, www.joshwolf.net, by sending letters to family, friends, and fellow journalists, including those at the Guardian.

Wolf has also managed to create two other Web sites: www.mediafreedoms.net, which supports journalists’ resistance to government pressure, and www.prisonblogs.net, which allows prisoners to air thoughts and grievances. If Wolf can do all this from behind bars, imagine what he’ll do when he finally gets out. As Wolf would say, if we could only speak to him without reserving a phone interview 48 hours in advance: "Free press? Then free Josh Wolf!" (Phelan)

Public official

JOHN SARSFIELD


As district attorney for San Benito County, John Sarsfield upset the political applecart when he tried to prosecute the County Board of Supervisors for ignoring the Brown Act’s prohibitions on private communication and consensus building among board members on matters that involved employment decisions, personnel appeals, contracting, and land use–growth control issues.

His decision didn’t sit well in a county where battles over the future of the land have spawned Los Valientes, a secret society that has targeted slow-growth advocates and anyone who gets in its way — including believers in open government. So the board retaliated by defunding Sarsfield’s office, forcing the DA to file for a temporary restraining order against the board, the county administrative officer, and the county auditor, a countermove that kept his office operating and the investigation alive — until he lost his reelection bid to the board’s chosen candidate in January 2006.

One of Los Valientes’s targets, Mandy Rose, a Sierra Club member and slow-growth advocate, recalled how people on the outside warned Sarsfield what he was up against, "but he insisted on working within the system. It was what he believed in. Someone even said he was a Boy Scout."

For his efforts, Sarsfield’s life was turned into a living hell that cost him his dogs, his marriage, and eventually his job. But now, with this award, he gets some small recognition for fighting the good fight. And he has also been appointed special assistant inspector general within the Office of the Inspector General by Gov. Arnold Schwarzenegger. (Phelan)

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


Investigative reporter Lance Williams and sportswriter Mark Fainaru-Wada joined forces in 2003 to take on what became one of the biggest — and most controversial — local news stories of the past five years.

The investigation of the Burlingame-based Bay Area Laboratory Co-operative, better known as BALCO, and the larger scandal of widespread steroid use among baseball players was, the San Francisco Chronicle editors decided, too big for one reporter.

In fact, it turned out to be big enough for a series of stories, a book, and a legal battle that almost sent the two writers to federal prison. The duo admits today it was mostly the fear of getting scooped that drove them through the story’s dramatic rise.

"I’m a baseball fan in recovery," Williams told the Guardian. "I used to think I knew the sport. I didn’t have a clue about this stuff. I’m not kidding you. I had no idea how much a part of baseball steroids had become … that whole sort of seamy underside of the drug culture and the game. I just didn’t know it was like that, and I think most fans don’t either."

Although prosecutors seemed to be focusing on BALCO executives, everyone following the story wanted to know what witnesses — in this case top sports stars — told a federal grand jury investigating the company. The outfit had allegedly distributed undetectable steroids and other designer drugs to some of the world’s greatest athletes, including Giants slugger Barry Bonds, who is on his way to making history with a new home run record.

In 2003 the Chronicle published lurid details of the grand jury’s investigation based on notes Williams and Fainaru-Wada had obtained from court transcripts leaked by an anonymous source. Bonds denied knowingly taking any steroids, but prosecutors waved in the air documents allegedly confirming his regular use of substances banned by Major League Baseball.

Furious prosecutors launched an investigation into the leak of secret grand jury transcripts. The reporters were called on to testify but refused — and so joined two other reporters last year threatened with jail time for resisting subpoenas. A lawyer stepped forward last month and admitted leaking the documents, but Williams and Fainaru-Wada came dangerously close to landing in the same East Bay lockup where blogger Josh Wolf is held for refusing to cooperate with a federal grand jury.

The rash of recent attacks on reporters by federal prosecutors has First Amendment advocates up in arms. After all, no one’s going to leak crucial information if the courts can simply bulldoze the anonymity that journalists grant whistleblowers. Fainaru-Wada and Williams have since inspired a bipartisan proposal in Congress to protect journalists at the federal level (dozens of states already have variations of a shield law in place).

"People roll their eyes when you start talking about the First Amendment," Fainaru-Wada said. "But the First Amendment is not about the press, it’s about the public."

In addition to the James Madison Freedom of Information Award, Williams and Fainaru-Wada’s coverage of the BALCO stories earned them the prestigious George Polk Award. But the story took a dark, unexpected turn last month.

Defense attorney Troy Hellerman, who represented one of the BALCO executives, pleaded guilty Feb. 15 to contempt of court and obstruction of justice charges and could serve up to two years in prison for admitting he twice allowed Fainaru-Wada to take notes from the grand jury’s sealed transcripts.

Just as he was spilling details in 2004, Hellerman demanded that a judge dismiss charges against his client, complaining that the leaks prevented a fair trial. He even blamed the leaks on prosecutors. A deputy attorney general called the moves "an especially cynical abuse of our system of justice."

Media critics lashed out at Williams and Fainaru-Wada for exploiting the leaks before and after Hellerman moved for a dismissal. Among those attacking the Chron reporters were Slate editor Jack Shafer and Tim Rutten at the LA Times, who described the conduct as "sleazy and contemptible."

Williams and Fainaru-Wada today still won’t discuss specifics about their sources, but Williams said without the leaks, names of the athletes involved would have otherwise been kept secret by the government even though the grand jury’s original BALCO investigation was complete.

"The witnesses didn’t have any expectation of privacy or secrecy of any kind," he said. "They were going to be trial witnesses. It was in that context that our reporting got under way. I am sensitive to the need of an investigative grand jury to remain secret. And I’m respectful in general of the government’s secrecy concerns. But it’s not the reporter’s job to enforce that stuff." (G.W. Schulz)

SARAH OLSON


When Oakland freelance writer and radio journalist Sarah Olson stood up to the Army by resisting a subpoena to testify in the case of Iraq war resister First Lt. Ehren Watada, she faced felony charges as well as jail time. But Olson understood that testifying against a source would turn her into an investigative tool of the federal government and chill dissent nationwide. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist anymore," Olson told the Guardian.

She also objected to journalists being asked to participate in the prosecution of free speech. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime," Olson said. Watada, whom Olson interviewed, has been charged with missing a troop movement and conduct unbecoming an officer, because he publicly criticized President George W. Bush and his illegal Iraq War.

In the end, Army prosecutors dropped the subpoena once Watada agreed to stipulate that Olson’s reporting was accurate. Olson, for her part, attributes the dropping of the subpoena to the support she received from media groups, including the Society for Professional Journalists. (Phelan)

Student journalist

STAFF OF THE LOWELL


The 2006 school year got off to a rough start for Lowell High School, one of the top-ranked public high schools in the country and certainly San Francisco’s finest. The school’s award-winning student newspaper the Lowell was covering it all.

After the October issue went to press, the school’s two journalism classes, which are solely responsible for writing and editing content for the monthly paper, received a visit from the school’s interim principal, Amy Hansen. Though Hansen says there was no attempt to censor the paper and the classes agree that no prior review was requested when it appeared that the students would be covering some controversial stories, the principal questioned their motivations as journalists and asked them to consider a number of complicated scenarios designed to make them second-guess their roles as reporters. The principal told the student journalists they had a moral responsibility, not to turn out the news, but to turn in their sources and information.

In separate meetings with each journalism class, Hansen questioned them about when it was appropriate to lay aside the pen and paper in the name of the law. The students maintained that as journalists they are in the position to report what happens and not pass moral judgment. Additionally, their privileged position as information gatherers would be compromised if they revealed their sources.

The lectures from Hansen did not deter the journalism classes from their basic mission to cover school news as objectively and thoroughly as possible. Even when police were called in to question Megan Dickey, who was withholding the name of a source she’d used in a story about a tire slashing, she still refused to say what she knew. (Witherell)

Whistleblower

MARK KLEIN


Mark Klein knew there was something fishy going on when his boss at AT&T told him that a representative of the National Security Agency would be coming by to talk to one of the senior technicians. Klein was a union communications tech, one of the people who keep the phone company’s vast network going every day. The NSA visitor stopped by, and before long Klein learned that AT&T’s building on Folsom Street would have a private room that none of the union techs would be allowed to enter.

Klein kept his eyes open and learned enough from company memos to conclude that the government was using AT&T’s equipment to monitor the private communications of unsuspecting and mostly undeserving citizens. When he retired in May 2004, he took a stack of material with him — and when he read in the New York Times a year and half later that the NSA had indeed been spying on people, he decided to go public.

The 62-year-old East Bay resident had never been a whistleblower. "I didn’t even know where to begin," he told us. So he surfed the Web looking for civil liberties groups and wound up contacting the Electronic Frontier Foundation.

It was a perfect match: the EFF was about to file a landmark class-action lawsuit against AT&T charging the company with collaborating with the government to spy on ordinary citizens — and Klein’s evidence was a bombshell.

"Mark Klein is a true American hero," EFF lawyer Kurt Opsahl told us. "He has bravely come forward with information critical for proving AT&T’s involvement with the government’s invasive surveillance program."

Federal Judge Vaughn Walker has kept Klein’s written testimony under seal, but the EFF is trying to get it released to the public. The suit is moving forward. (Redmond)

SPJ-NorCal’s James Madison Awards dinner is March 13 at 5:30 p.m. at Biscuits and Blues, 401 Mason, SF. Tickets are $50 for members and $70 for the general public. For more information or to see if tickets are still available, contact Matthew Hirsch at (415) 749-5451 or mhirsch@alm.com.

The ethics of flacks

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› steve@sfbg.com

They go by many names: public relations professionals, spokespeople, public information officers, press secretaries, liaisons, public affairs practitioners, press agents, or — the widely used slang — flacks. They are the gatekeepers of records and access to their powerful bosses, either a conduit or barrier for those seeking information.

A spotlight was shined on the role of flacks in San Francisco last month when Peter Ragone, then the influential press secretary for Mayor Gavin Newsom, was caught posting comments under fake names on some local blogs and then lying about it to journalists.

The incident prompted Board of Supervisors president Aaron Peskin to call for Ragone’s ouster (which Newsom resisted, before last week transferring Ragone to his reelection campaign team, where he’s not dealing directly with the press or public) and to craft legislation creating standards of conduct for the city’s public information officers.

"There are bright ethical lines that cannot be crossed," Peskin told the Guardian. "Passing this is a wake-up call to people so busy playing politics that they’ve forgotten their moral responsibility."

The code calls for the city’s public information officers to be honest and accessible and to "advance the free flow of accurate and truthful information to the public and the press."

The legislation, which will soon be heard in the Rules Committee before going to the full board, notes that "it is critically important that Public Information [Officers] are viewed by citizens and the media as honest and trustworthy brokers of information" and "deception and disinformation severely damages the public trust and limits the City’s ability to serve the public."

Many activists and journalists say that’s a serious problem right now, particularly in the Mayor’s Office of Communications, which has become known for aggressively pushing deceptive political spin and repeatedly blocking the release of public documents, according to rulings by the Sunshine Ordinance Task Force. In addition to Ragone, deputy press secretary Jennifer Petrucione is widely seen by those she deals with as a less than forthright and forthcoming broker of information.

But new press secretary Nathan Ballard, whose first day was March 5, said he supports the Peskin legislation and promises to maintain high ethical standards. "My overall philosophy is I’d like an accessible press office. You should be able to get the information you need with dispatch," he told us. "The public has a right to receive information from us that is true, accurate, and fair."

He made a distinction between private-sector public relations people and public-sector information officers, noting that the latter should be held to a higher standard of conduct because they work for taxpayers, not corporations or just politicians. It was a point echoed by City Attorney’s Office spokesperson Matt Dorsey, one of the most widely respected flacks in San Francisco.

"I have a duty to taxpayers and citizens to provide information, whether it’s good for my client or not," Dorsey told us. "Even when you’re working for an elected official, it’s the taxpayers who pay you."

Dorsey accepts that it’s the nature of the job and a free democratic society that sometimes his boss will take lumps in the press, but he said, "I will never hold it against a journalist for portraying the city attorney as a bad guy when we do look like the bad guy."

Eileen Shields, spokesperson for the Department of Public Health, agreed: "I don’t think of my client as the Department of Public Health of Mitch Katz. I think of it as the people of San Francisco."

But other flacks, such as the Metropolitan Transportation Commission’s Maggie Lynch, have a more adversarial relationship with the press and have been known to chew out journalists who write unflattering stories, although she agrees that flacks should maintain high ethical standards.

"It’s my job to point out what’s good about what the agency does," Lynch told us. "I pride myself on my directness and my honesty…. I think the standards should be the same for reporters and public information officers, that you need to be honest."

As the tenor of her comments indicates, there can be a dynamic tension between flacks and journalists that sometimes gets testy. And that can be exacerbated when the flack works for an agency under strong public scrutiny, such as Muni or the Mayor’s Office.

That’s why Peskin said his code is important. "Transparency in an electoral democracy is what keeps the system honest," said Peskin, who agreed that the issues associated with the Mayor’s Office of Communications go beyond the lie Ragone told about his blogging. "There is no question the Mayor’s Office has repeatedly failed to adhere to the Sunshine Ordinance."

Without commenting on the past, Ballard pledged to cooperate in the future. "We will comply with the spirit and the letter of the Sunshine Ordinance."

In addition to Peskin’s legislation, City Attorney Dennis Herrera has announced a new program that offers expanded training for the city’s flacks, covering Sunshine Ordinance compliance, legal guidance, and ethical guidelines. "It would be up to policy makers whether they want to make it mandatory," Dorsey said.

Ironically, the Guardian attempted to interview someone from the Public Relations Society of America (whose code of conduct Peskin incorporated into his legislation) for this story, but we were unsuccessful despite days of trying. Judy Voss, the contact person listed in its code of ethics, referred me to Janet Troy, the vice president of public relations, who spent 10 minutes asking me questions about the questions I had and said she would have someone get back to me. Despite several days of my calling and e-mailing her, neither she nor anyone from the PRSA got back to me by press time.

Luckily, there are alternatives to the PRSA. The National Association of Government Communicators has an even stricter code of conduct for public-sector flacks. It includes this central tenet: "We believe that truth is inviolable and sacred; that providing public information is an essential civil service; and that the public-at-large and each citizen therein has a right to equal, full, understandable, and timely facts about their government." *

Sunshine battles on three fronts

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EDITORIAL It’s been, to put it mildly, a terrible year for open government. The climate of secrecy in Washington, DC, has only increased: from clandestine spying on antiwar protesters to secretive immigration raids to a huge growth in document classification, the nation’s capital has shifted squarely into the dark ages. As G.W. Schulz reports ("100 Years of Secrets," page 22), there’s even an attempt in Congress to create a new official secrets act, with stiff criminal penalties for people who disclose information the government doesn’t want the public to know.

In California the governor has vetoed a public-records bill backed by all 120 legislators, and the State Supreme Court issued one of the worst rulings in its history, ensuring that virtually all police disciplinary records will forever be hidden from public view.

San Francisco has its problems too. The Sunshine Ordinance still has some significant loopholes — and as Amanda Witherell reports ("The Sunshine Posse," page 20), a cadre of sunshine activists is working overtime to try to force the city to comply with its own rules and to demand that electronic documents get the same treatment as paper records.

So there’s a lot of work to do. But the good news is that there are legislative and grassroots efforts on many fronts to turn the tide back. Some of the key points:

In Washington: The Coalition of Journalists for Open Government, along with other sunshine advocates, is pushing a bill by Sen. Patrick Leahy (D-Vt.) and Rep. John Cornyn (R-Texas) that would greatly strengthen the federal Freedom of Information Act. The bill would require federal agencies to expedite FOIA requests and allow requesters to seek attorney’s fees if the government forces them to go to court. The GOP-led Congress blocked it last year, and the Bush administration has always opposed it, but with the Democrats in control, it’s likely to get through both houses this spring.

Meanwhile, Sen. John Kyl (R-Ariz.) tried last month to push a bill that would impose criminal penalties for unauthorized leaking of government information. He’s backed off somewhat, but that threat remains. It’s crucial that San Franciscans contact Sen. Dianne Feinstein (who sits on the Judiciary Committee) and Speaker Nancy Pelosi to demand that the FOIA bill pass and that Kyl’s proposal die.

In Sacramento: Assemblymember Mark Leno has introduced a bill that would override the devastating Supreme Court decision on police records. The measure, AB 1648, would once again allow public access to information about the extent of police officer discipline and would permit agencies such as the San Francisco Police Commission to hold some disciplinary hearings in public. It’s a crucial bill; cloaking all discussion of problematic cops in a veil of secrecy undermines public trust in law enforcement, perpetuates poor management, and protects abusive officers. The legislature needs to pass it quickly. Leno has also reintroduced his Public Records Act reform bill, AB 1393, with a few amendments to address technical problems that the Governor’s Office claimed to have with last year’s bill. This time Gov. Arnold Schwarzenegger has no excuse not to sign it.

In San Francisco: It’s still far too hard for members of the public to get basic information from city departments. The Sunshine Ordinance Task Force needs to have the authority to mandate that agencies follow its decisions; an attempt to make that happen three years ago failed when the supervisors balked at empowering the sunshine panel. The task force lacks the full-time staffer mandated in the ordinance.

The task force should bring its proposals back to the board, and one of the supervisors needs to step up as an open-government advocate and bring that proposal back. If the task force had any teeth or if the Ethics Commission or district attorney would enforce the existing law, these battles wouldn’t be necessary. *

The latest Presidio disgrace

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EDITORIAL Here’s yet another reason why the Presidio national park is a national disgrace:

Way back in 1995, when Rep. Nancy Pelosi was in the process of turning the Presidio over to private interests, we and some other critics asked what the rush was. Sure, money for the new park was tight under a Republican Congress, but that didn’t justify privatizing a national park.

Pelosi’s response: if we don’t let the private sector control the park’s future, the Republicans will just sell it off to the highest bidder.

That struck us as unlikely at the time, particularly since the president, who would have to sign any bill to sell the park, was a Democrat named Bill Clinton. But in retrospect, even if Pelosi’s worst fears had come true, at least the private developers who’d bought it would have had to abide by city zoning rules and state laws.

Instead Pelosi has created the worst of both worlds. As Amanda Witherell reported last week, the Presidio’s special status as a federal enclave means the dozens of private businesses operating there don’t have to abide by California labor laws. And we already knew they didn’t have to follow city or state land-use or environmental laws. In effect, Pelosi has created a private-sector libertarian Wild West in progressive San Francisco, a place where big operators such as George Lucas can avoid taxes and, if they choose, skirt California labor laws, San Francisco’s minimum-wage and health-insurance requirements, and a long list of other workplace protections.

The Presidio isn’t the only national park to face this problem; legal battles over, for example, the right to sell untaxed booze at Yosemite have created a precedent that federal law rules on federal land. But it’s not much of an issue in the rest of the country, because most national parks aren’t business parks and have only modest, if any, private commercial activity going on. Most of the people who work on that federal land are federal employees, who have union contracts that protect them.

And most national parks aren’t right in the middle of crowded urban areas, where businesses right across the street have to obey rules, pay taxes, and act like part of a community.

This isn’t what the late Rep. Phil Burton, whose seat Pelosi now holds, had in mind when he passed a bill requiring that the Pentagon turn the Presidio over to the National Park Service when its days as a military base were done.

There is, of course, a simple fix, and organized labor ought to join the growing chorus of environmentalists putting pressure on Pelosi to get with the program. She needs to repeal the bill that privatized the Presidio, eliminate the requirement that the park pay for itself through commercial ventures, and let it be run like every other national park in the nation.

At the very least, she needs to put through an amendment that requires Presidio businesses — and the Presidio Trust itself — to abide by state and local laws and regulations. *

Editor’s Notes

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› tredmond@sfbg.com

I don’t think anyone has seriously challenged an incumbent San Francisco Democrat for a seat in the state legislature while I’ve lived here, and that’s going on 25 years. So we all know that the race between Mark Leno, the challenger, and Carole Migden, the state senator, marks a change in local politics.

For one thing, it’s a major race, for a key political position — and there’s no official establishment candidate. Both Leno and Migden have ties to some very powerful interests in town; both of them will be able to raise a lot of money and line up an impressive list of endorsements. But as we saw from Leno’s campaign kickoff March 2, the political split is going to be highly unusual in a town where grassroots progressives versus the downtown machine has been pretty much the political mantra for a generation.

Five years ago, when then-supervisor Leno and former supervisor Harry Britt fought for the open District 13 assembly seat, it wasn’t hard to take sides. The progressives were behind Britt (and so was Migden); the moderates, the business types, and kingmaker Willie Brown were behind Leno. But Leno has moved considerably to the left over the past few years and has been a good legislator. A lot of the former Britt supporters may well wind up in his camp this time around.

At his kickoff, though, that wasn’t what you saw: District Attorney Kamala Harris was by his side, along with Treasurer Phil Ting, Assemblymember Fiona Ma, and San Francisco Public Utilities Commission boss Susan Leal. Harris and Leal are decent people who have taken some good progressive stands, but they aren’t exactly a definitive lineup of San Francisco’s left leadership. Ma was a horrible supervisor. Community college board member Natalie Berg is nothing if not an old machine hack.

Migden isn’t exactly pals with everyone on the left in this town either: she pissed off a lot of party activists by supporting Steve Westly over Phil Angelides for governor (although she could certainly argue now, given Angelides’s rather poor showing, that the centrist Westly was a more practical choice). And she’s been far less visible in town than Leno, who really works the San Francisco constituency.

Neither Leno nor Migden has done anything remotely close to what Brown and Phil and John Burton did in their days in the state legislature (and later Congress). The level of fear and intimidation from the top dogs in the Democratic Party is well on the wane.

It’s going to be hard for local politicians to make a choice in this race — but not because they fear the consequences of defying one side or the other. Frankly, if you’re a member of the San Francisco Board of Supervisors or the school board or community college board, or a prominent fundraiser in the Democratic Party, neither Migden nor Leno is terribly scary.

This is a good thing. We’re making progress.

For the grassroots activists who will be propelling the campaigns on the ground, the challenge will be not just to promote their own candidates but to avoid a queer-left schism that will last beyond the election. Queer-labor activist Robert Haaland has a proposal, which is posted on the politics blog at www.sfbg.com: he suggests that everyone — not just the candidates but also their supporters — promise not to resort to sleazy attacks and to remember that we will all have to work together another day. Migden and Leno have both signed on. Now let’s see if they can force their campaign consultants and political allies to get with the program.

That would be progress indeed. *

Cake to audience: Eat me (then buy my record)

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I had honestly forgotten how much I like Cake. Years of too much radio play hardened me to those catchy tunes like Never There and The Distance, making me forget all about the beats so steeped in funk you can’t help but move your hips, the spot-on transitions that would make any music major proud, the deep melodic sarcasm of John McCrea’s voice, and the plain old virtuosity of these people as musicians. What I hadn’t forgotten was McCrea’s attitude: bitter, jaded, and a bit antagonistic to his audience. 466193460_l.jpg

In fact, when I last saw Cake in Portland almost a decade ago, McCrea went so far as to insult the crowd for only showing up to hear the radio single I Will Survive, asking if anyone even knew their other songs. (Would it have killed him to thank them for padding his paycheck, however they found him?…) My embarrassment at being associated with one of the mindless minions (though I was a true Cake fan at the time, and didn’t even like I Will Survive that much), and my anger at McCrea for making me feel embarrassed about it, might have been part of the reason I’ve hardly listened to the Sacramento songsters since then.

Until the last night of Noise Pop, when it all came rushing back. The band took the stage at Bimbo’s in front of a packed crowd of mostly 30-somethings, all die-hard fans who sang along with nearly every song. And as that twangy guitar intros started and McCrea banged the vibraslap and they launched into some of my old favorites – You Part the Waters and Is This Love? – I remembered: This is is a great fucking band.

And then as McCrea yelled at people in the front row for taking pictures, and responded to audience requests by saying, “Thanks for the input, but we don’t want to feel like a jukebox. So what do we want to play?”, and as he launched into a tirade against the music industry, I also remembered that McCrea is still an asshole (or in need of a really big hug). A hilarious, sarcastic, droll, witty, talented asshole, but an asshole all the same.

Of course, that’s part of what gives Cake character. And if being an asshole isn’t enough to make me not date you (you know who you are…), then it sure isn’t enough to make me stop buying your records.

Since the band is on an anti-corporate (and anti-publicity) kick, the chances of them playing anywhere near here anytime soon is pretty slim. But you can get their self-released CD “B-Sides and Rarities,” with its scratch and sniff cover art, here. As for me? I’m getting another copy of Motorcade of Generosity. I suddenly have a craving to hear about birds falling from window ledges like small loaves of bread…(Molly Freedenberg)

NOISE: Uplift those Gowns

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The Gowns sound awfully good to me – composed of former members of Mae Shi and Amps for Christ, the now-Berkeley art-rockin’ combo is playing tonight at 21 Grand, opening for BARR, Marnie Stern, and Old Time Relijun. Atmospheric, willing to test those everchanging limits defining a pop song, punky in ways that Good Charlotte wouldn’t understand…oh hell, I’ll just let the Gowns’ Ezra Buchla tell it the way he sees it for himself, Erika Anderson, and Corey Fogel:

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I am writing from Highland Park, Los Angeles, a city in which I am a (permanent?) visitor. Erika and I lived here two years ago, when we began playing together as Gowns or the Gowns. It was an attempt to synthesize several of our musical interests: the formal minimalism and elasticity of folk music, the abrasion of Crass-era anarchist punk, the directness and lyricism of grunge rock, and the alienating, arguably anti-human time-bending techniques of modern digital signal processing.

NOISE: Arthur mag, bye-bye

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NOISE: Fernwood

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NOISE: Noise pop peters to a close….

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The Guardian Iraq War casualty report (3/5/07)

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20 Iraqi civilians killed when a car bomb exploded in a historical book market in Baghdad today, according to the New York Times.

98,000: Killed since 3/03

Source: www.thelancet.com

57,805 – 63,573: Killed since 1/03

For a week by week assessment of significant incidents and trends in Iraqi civilian casualties, go to A Week in Iraq by Lily Hamourtziadou. She is a member of the Iraq Body Count project, which maintains and updates the world’s only independent and comprehensive public database of media-reported civilian deaths in Iraq.

Source: http://www.iraqbodycount.net

A Week in Iraq: Week ending 4 March 2007:
http://www.iraqbodycount.org/editorial/weekiniraq/32/

For first hand accounts of the grave situation in Iraq, visit some of these blogs:
www.ejectiraqikkk.blogspot.com
www.healingiraq.blogspot.com
www.afamilyinbaghdad.blogspot.com

Antiestablishmentarianism attitudes among Iraqi religious groups is fueling intolerance and violence towards homosexuals in Iraq, according to the UN.

Source: http://www.gaypeopleschronicle.com/stories07/february/0202071.htm

U.S. military:

3,401: Killed since the U.S. invasion of Iraq 3/20/03

Source: http://www.icasualties.org/

For the Department of Defense statistics go to: http://www.defenselink.mil/

For a more detailed list of U.S. Military killed in the War in Iraq go to:
http://www.cnn.com/SPECIALS/2003/iraq/forces/casualties/2007.01.html

Iraq Military:

30,000: Killed since 2003

Source:http://www.infoshout.com

Journalists:

151: Killed since 3/03

Source: http://www.infoshout.com/

Refugees:

The Bush administration plans to increase quota of Iraqi refugees allowed into the U.S. from 500 to 7,000 next year in response to the growing refugee crisis, according to the Guardian Unlimited.

Source: http://www.guardian.co.uk/Iraq/Story/0,,2013034,00.html

Border policies are tightening because one million Iraqi refugees have already fled to Jordan and another one million to Syria. Iraqi refugees who manage to make it out of Iraq still can’t work, have difficulty attending school and are not eligible for health care. Many still need to return to Iraq to escape poverty, according to BBC news.

Source: http://news.bbc.co.uk/2/hi/middle_east/6293807.stm

1.6 million: Iraqis displaced internally

1.8 million: Iraqis displaced to neighboring states

Many refugees were displaced prior to 2003, but an increasing number are fleeing now, according to United Nations High Commissioner for Refugees’ estimates.

Source: http://www.unhcr.org/iraq.html

U.S. Military Wounded:

47,657: Wounded since 3/19/03 to 1/6/07

Source: http://www.icasualties.org/

The Guardian cost of Iraq war report (3/5/07): Bush asks congress to approve $622 billion for 2008. So far, $405 billion for the U.S., $51 billion for California and $1 billion for San Francisco.
Compiled by Paula Connelly

Bush asked congress to approve $622 billion for defense spending, most for the wars in Iraq and Afghanistan, in a $2.9 trillion budget request for 2008, according to Reuters.
Source: http://today.reuters.com/

Here is a running total of the cost of the Iraq War to the U.S. taxpayer, provided by the National Priorities Project located in Northampton, Massachusetts. The number is based on Congressional appropriations. Niko Matsakis of Boston, MA and Elias Vlanton of Takoma Park, MD originally created the count in 2003 on costofwar.com. After maintaining it on their own for the first year, they gave it to the National Priorities Project to contribute to their ongoing educational efforts.

To bring the cost of the war home, please note that California has already lost $46 billion and San Francisco has lost $1 billion to the Bush war and his mistakes. In San Francisco alone, the funds used for the war in Iraq could have hired 21,264 additional public school teachers for one year, we could have built 11,048 additional housing units or we could have provided 59,482 students four-year scholarships at public universities. For a further breakdown of the cost of the war to your community, see the NPP website aptly titled “turning data into action.”

Why we need a no-attacks pledge

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By Tim Redmond

The shit is already flying in the Migden-Leno race. Check out this nice piece of sleaze attacking Mark Leno as “the Kiddie Porn King.”

No kidding.

That’s why Leno and Migden both have to tell their supporters to knock it off.

NOISE: Madge hatter — and sunglasses, bags, and shoe maker

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Spring is almost here and so is Madonna’s new collection by H&M!

The one and only Queen of the Dance Floor has designed a full range of clothes and accessories, including shoes, bags and sunglasses for H&M. The M By Madonna full collection will be available in H&M stores March 22. Make sure to visit H&Ms website for more info and check Madonna.com on a regular basis for exclusive M by Madonna related content in the next few days!

Madonnas official page on Myspace has just been updated with a brand new layout and content. Want to be part of Madonnas friends group on Myspace? Just click here and start sharing your love for Madonna with thousands of fans!

www.madonna.com
www.iconmadonna.com

Sucking up to PG&E’s flack

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By Tim Redmond

Isn’t this special? All of these liberal politicians in San Francisco happily sucking up to the chief hired gun for Pacific Gas and Electric Company.

For the record, Don Solem has made gobs of money over the years defeating public-power initiatives in San Francisco. That’s not something I really want to celebrate.

More Noise Popping

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By Deborah Giattina

I wouldn’t have traded seeing my fellow Bay Area Ladyfest 2002 organizer play her first Noise Pop show last Wednesday for anything–not even a Ponys/Gris Gris ticket. I’m referring to Macromantics (aka Romy Hoffman), who recently was signed to Kill Rock Stars. (Check out her first KRS release, Moments in Movement.)

Onstage, the chaos-loving Australian MC and erstwhile San Francisco denizen’s a capella onslaughts rocked the crowd as much as her body-moving escapades into metaphysical rapping.

Afterwards, my down under friend waved away a look-see at my snaps of her performance, stating, “I don’t believe in documentation.” This one’s gonna keep moving forward into uncharted territory rather than look back, but that doesn’t mean she minds if the rest of us cherish the memories.

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The road looked like a ski slope…

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By Kimberly Chun

Thought me and my pal were going to recreate the Donner Party’s flesh-chomping shenanigans this past weekend: we were caught in the snow storm over Highway 80 on Feb. 25, heading from Reno and the Who’s Feb. 23 US tour kickoff concert back to frisky ole Frisco. Scary, snow-slick road conditions and worse, frightening near-standstill traffic. We left Reno at 1 p.m. and at around 6 or 7 p.m. finally, carefully pulled into a slippery, icy, snowed-in Truckee – about five or six hours after we spotted a “Truckee: 12 miles” sign.

A winter wonderland for skiiers and fresh-air fiends – a nightmare for motorists.

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The freeway resembled a ski run.

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Californians really are equipped for “weather” conditions!
Check the dude in the T-shirt in the middle of a blizzard.

New Times/Village Voice Media: the problem with a “SunBelt-baked chain” in San Francisco and the East Bay

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By Bruce B. Brugmann

I have often referred to the New Times/Village Voice Media chain as Desert Libertarianism-on-the-rocks, with large stalks of neocon politics. Adam Reilly, writing in the current Boston Phoenix alternative, has a better line:

“It’s no surprise that the ex-New Times brass who now lead VVM, including CEO Jim Larkin and, as executive editor, the famously irascible MIke Lacey–want the Voice and its fellow papers to conform to their standardized, apolitical, SunBelt-baked vision of what alternative journalism should be. What is striking, though, is how quickly and decisively defenders of the old left-leaning, decentralized VVM ethos has been routed. The battle just began–and its already over.”

Reilly has done some good reporting and good analyzing and come up with the best piece so far on the dreadful impact that the l7-paper chain is having on journalism and the cities where it has papers.

But let me add a key point: the NT/VVM formula, successful as it might be without competition in the deserts and the foothills, simply doesn’t work in cities where they have real competition with community based newspapers, such as in San Francisco with the Guardian and in the East Bay with the Guardian, Berkeley Daily Planet, the Berkeley Monthly, and the Daily Cal. And in Seattle with the Stranger. And in Cleveland with the Free Times.

For example, the SF Weekly/VVM and East Bay Express/VVM papers lose millions each year. In Cleveland, the NT/VVM paper has lost millions over the past few years. And, given the strength and competition of the Guardian and others, there is little prospect the NT/VVM can turn their papers around. And so the tantalizing question is: what are they going to do?

STOP THE PRESSES: The Village Voice/New Times has fired its editor after six months, according to a Saturday March 3 report in the New York Times. This would be the fourth editor in little more than a year since the New Times took over the Voice in the fall of 2005.
The firing only underscores my point: the formula that worked in Phoenix doesn’t work and won’t work in sophisticated/liberal/competition rich cities like New York. B3

See also Gawker’s coverage of this.

Smells like art

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I knew I was in the right place. I could smell it before I even got in the building. The brazenly pungent aroma emanated out the glass doors, down the yellow walls of the entrance corridor, and out into the San Francisco Art Institute’s scenic courtyard.

It was a smell both foreign and familiar. The fragrant notes of beef stew, rich with clove, onion and rosemary, coupled with the sour musty smell of cognac, wine, and time.

Inside, behind a large black curtain, a dark gooey brew bubbled from within a deep silver pot atop a gas stove, while various vegetables and spices rested on a butcher’s block next to it.

However, the cook, Jean-Baptiste Ganne, is not a chef. And he won’t be feeding his creation to any group of hungry foodies. Instead the French photographer and artist hopes to speak to something different. For this exhibit, titled “The Cookist, a very informal seminar on the question of work,” Ganne prepares a traditional French dish called la daube, cooked over a three-day period solely to produce a smell. There is nothing to eat, and little to see, making the exhibit particularly unique, as the fragrance can be experienced only by those present at the moment.IMG_0212.jpg

Does it have to be a bloodbath?

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By Tim Redmond

Already, I’m hearing whistpers from both sides of the Leno-Migden contest, and already, they’re getting nasty. Mark Leno told me this week that he will run an upbeat campaign, and that any negative attacks on Midgen “won’t come from me.” I suspect I will hear the same from Migden. But it’s common in campaigns for elected officials to try to take the high road and let others — their allies and suppoerters — do the dirty work.

So queer/labor activist Robert Haaland is asking not only the candidates, but their supporters in the queer and progressive communities, to pledge to keep this fight out of the gutter. Here’s a piece he sent me; I think everyone ought to read it, take it seriously, and sign on.

Our community was divided. Our LGBT clubs were separated. The streets of the Castro were full of opposing forces and consternation. During the 2001-2002 campaign for the 13th Assembly District seat, we were split and it was a difficult time.

Following that election campaign, we made a decision to begin the process of healing those divisions. The leaders of the Harvey Milk LGBT Democratic Club and the Alice B. Toklas LGBT Democratic Club, and the leaders of the campaigns, met together to salve these wounds and form a new alliance. This was not easy. It took years and much work within each to heal, listen, understand, and move forward together.

In the years since that election, our community has been in a renaissance. Our two LGBT Democratic Clubs have worked together like never before. We have seen tremendous and amazing accomplishments through those efforts. Our coordinated efforts as a community in opposition to the statewide Special Election in 2005 are an astounding example of what we can do when we work together.

Additionally, as efforts have moved forward in the LGBT community on issues such as marriage equality on the stairs of our City Hall, opposing racial discrimination in the Castro, speaking out against anti-LGBT commentary from the news media about our LGBT families, supporting statewide efforts for the advancement of our LGBT rights, and stopping attacks from the right-wing on our community, we have been able to work side-by-side in a way that was unthinkable during the 2001-2002 campaign.

This newfound coordination and organization between our Clubs and within our community has been crucial in working for the betterment and strength of our community as a whole. And we will not allow this community to be torn asunder again. Our friendships are too strong now. Our knowledge of the power of our coordinated efforts and their success is too deep. And our realization that we can move beyond minor disagreements and continue forward as friends and colleagues and community brothers and sisters is definite.

As our community begins the process of working on the upcoming state Senate campaign for June of 2008, we will not allow this to break our bonds. We demand that the candidates in the race do the following:

–Pledge that there will be no negative campaigning, against each other or supporters on any side
–Pledge that they individually will work to strengthen our community’s ties with one another
–Pledge that they will not work to form wedges and divisions among us as a community
–Pledge that they will regularly form bonds with all sides in the campaign
–Pledge respect, honor, decency, and above all, civility, towards all parties

We also urge our community’s leaders to pledge that they do the same. Regardless of anyone’s personal affiliations during this campaign, we will continue to form our alliances and friendships and move this community forward together. We are not going back. We have too much to gain by moving forward together.

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