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Question of intent

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› sarah@sfbg.com

Sen. Dianne Feinstein, former mayor Willie Brown, Sup. Sophie Maxwell, and Mayor Gavin Newsom in recent weeks have come out in support of a proposed ballot measure that would allow Lennar Corp. to develop thousands of new homes at Candlestick Point, create 350 acres of parks, and possibly build a new 49ers stadium at Hunters Point Shipyard.

The campaign for the Bayview Jobs, Parks and Housing Initiative just launched its signature drive, but the measure should qualify relatively easily for the June 2008 election, given new low signature thresholds and the campaign’s powerful backers.

The measure would give Lennar, which is also involved in Treasure Island and much of the Bayview–Hunters Point redevelopment area, even more control over San Francisco’s biggest chunks of developable land.

But should San Franciscans really reward Lennar with more land and responsibilities when the financially troubled Florida developer has a track record in San Francisco and elsewhere of failing to live up to its promises, exposing vulnerable citizens to asbestos dust, and using deceptive public relations campaigns to gloss over its misdeeds?

As the Guardian has been reporting since early this year (see "The Corporation That Ate San Francisco," 3/14/07), Lennar failed to monitor and control the dust from naturally occurring asbestos while grading a hilltop in preparation for building condominiums on Parcel A of the former Hunters Point Naval Shipyard.

Last month the Bay Area Air Quality Management District’s Board of Directors asked staff to pursue the maximum fines possible for Lennar’s violations, which could run into millions of dollars, particularly if they are found to be the result of willful or negligent behavior.

"It’s clear to everyone in the agency that this case needs to be handled well," BAAQMD spokesperson Karen Schkolnick told the Guardian. "It’s in everyone’s interest, certainly the community’s, to get resolution."

The air district gives parties to whom it issues a warning three years to settle the matter before it goes to court. Lennar officials have publicly blamed subcontractors for failing to control dust and leaving air-monitoring equipment with dead batteries for months on end, but the BAAQMD is treating Lennar as the responsible party.

"It’s air district policy to deal with the primary contractor, which in this case is Lennar, although additional parties may be held liable," Schkolnick said.

Accusations of willful negligence also lie at the heart of a Proposition 65 lawsuit that was filed against Lennar for alleged failures to warn the community of exposure to asbestos, a known carcinogen (see Green City, 8/29/07).

Filed by the Center for Self Improvement, the nonprofit that runs the Muhammad University of Islam, which is next to Parcel A, the suit alleges that the construction activities of Lennar and subcontractor Gordon N. Ball "caused thousands of Californians to be involuntarily and unwittingly exposed to asbestos on a daily basis without the defendants first providing the adjacent community and persons working at the site with the toxic health hazard warnings."

Now fresh evidence from another whistle-blower lawsuit filed by three Lennar employees (see "Dust Still Settling," 3/28/07) shows that higher-ups within Lennar reprimanded and reassigned a subordinate who told subcontractors to comply with mandated plans or face an immediate suspension of construction activities at the Parcel A site.

In an April 21, 2006, BlackBerry message that was copied to Lennar Urban senior vice president Paul Menaker and other top Lennar executives, Lennar Urban’s regional vice president Kofi Bonner wrote to Gary McIntyre, Lennar/BVHP’s Hunters Point Shipyard Project manager, "Gary why do you insist on sending threatening emails to the contractor. If you can no longer communicate directly without the threat of a shutdown … perhaps we should find another area of responsibility for you to oversee. Such emails should only be sent as documentation of [a] conversation."

McIntyre says he was just trying to do his job, which involved ensuring that subcontractors abided by the long list of special health and safety criteria that were developed for this particularly hazardous work site, located in an area long plagued by environmental injustice.

The shipyard is a Superfund site filled with toxic chemicals, and although the 63-acre Parcel A had been cleaned up enough to be certified for residential development, it sits atop a serpentine hill full of naturally occurring asbestos, a potent carcinogen. So the Department of Public Health and the BAAQMD both insisted on a strict plan for controlling dust, which Lennar used to sell the community on the project’s safety.

Yet when McIntyre began insisting in writing that Lennar and its subcontractors adhere carefully to those rules, he was removed from his job. In a work evaluation signed Oct. 17, 2006, Menaker described McIntyre as "a good company spokesperson as it relates to Hunters Point Shipyard" but claimed that he required major improvement in his leadership and communication skills.

"As a manager, he needs to focus on achieving his ultimate mission, rather than focusing on details. Poor communication skills have led to incomplete and often incorrect information being disseminated," Menaker wrote.

The ultimate mission for Lennar — which has seen its stock tank this year as it’s been roiled by a crisis in the housing market — was to get Parcel A built with a minimum of problems and delays. And as concerns about its behavior arose, its communication strategy seemed to be more concerned with positive spin and tapping testimony from financial partners than with putting out a complete and correct view of what was happening.

Whether or not McIntyre was a good Lennar employee, he was at least trying to do right by the community, as records obtained through the lawsuit’s discovery process show. As McIntyre wrote in a three-page response to Menaker’s evaluation, "Our BVHP Naval Shipyard project has unique environmental requirements and compliance therewith is mandatory."

But the record is clear that Lennar didn’t comply with its promises, raising serious questions about a company that wants to take over development of the rest of this toxic yet politically, socially, and economically important site.

BUYING ALLIES


So who is really behind the Bayview Jobs, Parks and Housing Initiative, which does not even have the support of the 49ers, who say they’d rather be in Santa Clara?

The measure was submitted by the African American Community Revitalization Consortium, which describes itself as "a group of area churches, organizations, residents and local merchants, working to improve Bayview Hunters Point." Yet this group is backed by Lennar and draws its members from among those with a personal financial stake in the company’s San Francisco projects.

AACRC founders Rev. Arelious Walker of the True Hope Church of God in Christ in Hunters Point and Rev. J. Edgar Boyd of the Bethel African Methodist Episcopal Church of San Francisco are both members of Tabernacle Affiliated Developers, one of four Bayview–Hunters Point community builders who entered into a joint venture with Lennar/BVHP to build 30 percent of Lennar’s for-sale units at Parcel A. TAD is building the affordable units while Lennar develops the market-rate homes.

Neither Walker nor Boyd disclosed this conflict of interest at a July 31 Board of Supervisors hearing where they and the busloads of people Lennar helped ferry to City Hall created the illusion that the community was more concerned about keeping work going on Parcel A than temporarily shutting down the site while the health concerns of people in the Bayview were addressed.

Referring to reports from the city’s Department of Public Health, which claimed that there is no evidence that asbestos dust generated by the grading poses a threat to human health, Walker and Boyd warned that even a temporary shutdown of Lennar’s Parcel A site would adversely affect an already economically disadvantaged community. There is no way to test for whether someone has inhaled asbestos that could pose long-term risks, and Lennar supporters have used that void to claim all is well.

But even if community benefits such as home-building contracts, better parks, and job training opportunities do trickle down to Bayview–Hunters Point residents, will those opportunities outweigh the risk of doing business with a company that has endangered public health, has created deep divisions within an already stressed community, and is struggling financially?

In a recent interview with the Guardian, Minister Christopher Muhammad, whose Nation of Islam–affiliated nonprofit filed the Prop. 65 suit "individually and on behalf of the general public," described Lennar as "a rogue company that can’t be trusted."

"I’m concerned about the health of the community, as well as the other schools that border the shipyard," Muhammad said. "Our contention is that Lennar purposefully turned the monitors off. If you read the air district’s asbestos-dust mitigation plan, it appears that there was a way to do this grading safely. And the community went along with it. The problem was that Lennar was looking at their bottom line and violated every agreement. They threw the precautionary principle to the wind, literally. And the city looked the other way."

And even if Rev. Walker truly believes the June 2008 Bayview ballot measure is "a chance for all of us to move forward together," does it make financial sense, against the backdrop of a nationwide mortgage meltdown, to give Lennar permission to build thousands of homes at Candlestick Point when this measure doesn’t even specify what percentage of the 8,000 to 10,000 proposed new units would be rented or sold at below-market rates?

Lennar/BVHP has already reneged on promises to build rental units at its Parcel A site, and on Aug. 31, Lennar Corp., which is headquartered in Miami Beach, Fla., reported a third-quarter net loss of $513.9 million, compared to third-quarter net earnings of $206.7 million in 2006. Its stock continues to tumble, hitting a 52-week low of $14.50 per share on Nov. 26, down from a 52-week high of $56.54.

On Nov. 2, Reuters reported that Standard and Poor’s had cut Lennar’s debt rating to a junk-bond level "BB-plus" because of Lennar’s "exposure to oversupplied housing markets in California and Florida." And on Nov. 16 the Orange County Register reported that Lennar is shelving a condominium-retail complex in Long Beach and keeping high-rise condos it built in Anaheim vacant until the housing market bounces back.

Redevelopment Agency executive director Fred Blackwell, who was hired Aug. 30, told us his agency’s deposition and development agreement with Lennar wouldn’t let the company indefinitely mothball its housing units: "The DDA gives Lennar and the vertical developers the option to lease the for-sale units for one year, prior to their sale."

While the agency has been criticized for failing to do anything about Lennar’s problems on Parcel A and letting the company out of its obligation to build rental units, Blackwell said it is able to hold Lennar accountable.

"I feel like the DDA gives us all the tools we need," Blackwell told us. "We have opportunities to ‘cure’ whatever the contractor’s default is, but we can’t just arbitrarily shut things down."

But many in the community aren’t convinced. With the grim housing picture and the 49ers saying they’d rather be in Santa Clara, the only certain outcome from passage of this ballot measure would seem to be a mandate for the city to turn over valuable public lands and devote millions of dollars in scarce affording-housing funds to subsidize the ambitions of a corporation with a dubious track record that is actively resisting public accountability.

True, Lennar has promised to rebuild the Alice B. Griffith public housing project without dislocating any residents, and the measure also allows for the creation of 350 acres of parks and open spaces, 700,000 square feet of retail stores, two million square feet of office space, and improved transit routes and shoreline trails.

But although the rest of the shipyard is contaminated with a long list of human-made toxins, would passage of the initiative mean an early transfer of the shipyard from the Navy to the city and Lennar? And with that shift, the requirement that we put even more faith in this corporation’s ability to safely manage the project?

In October, Newsom, who was running for reelection at the time, told the Guardian he was worried about Lennar’s ability to follow through on "prescriptive goals and honor their commitments."

"We have to hold them accountable," Newsom told us. "They need to do what they say they’re going to do. We need to hold them to these commitments."

But how exactly is the mayor holding Lennar accountable?

In March, when the Guardian asked Newsom’s office if he intended, in light of Lennar’s Parcel A failures, to push ahead with plans to make Lennar the master developer for the 49ers stadium and Candlestick Point, the Mayor’s Office of Communications replied by referring us to Sam Singer, who has been on Lennar’s PR payroll for years.

On Nov. 18 the Chronicle reported that Singer was on the campaign team for the Bayview ballot initiative, along with former 49ers executive Carmen Policy, Newsom’s campaign manager and chief political consultant Eric Jaye, Newsom’s former campaign manager Alex Tourk, political consultant Jim Stearns, and political advertising firm Terris, Barnes and Walters, which worked on the 1997 49ers stadium bond and the 1996 measure for the Giants’ ballpark, both approved by voters.

In recent months Lennar has asked the Guardian to send questions to its latest PR flack, Lance Ignon, rather than Singer. In reply to our latest round of queries, about lawsuits and air district violations, Ignon forwarded us the following statement: "The record is abundantly clear that at each and every stage of the redevelopment process, Lennar has been guided by a commitment to protecting the health and safety of the Bayview–Hunters Point community. Lennar has fully cooperated with all relevant regulatory agencies and public health professionals to determine whether grading operations at the Shipyard pose a health threat to local residents. After months of exhaustive analysis, numerous different health experts — including [the Agency for Toxic Substances and Disease Registry] — concluded that the naturally occurring asbestos did not present a serious long-term health risk. Lennar will continue to work with the San Francisco Department of Public Health and other regulatory agencies to ensure the health of the community remains safeguarded."

Actually, the ATSDR report wasn’t quite that conclusive. It took issue with the faulty dust monitoring equipment at Parcel A and noted that exposure-level thresholds for the project were derived from industrial standards for workers who wear protective gear and don’t have all-day exposure. "However, there are studies in the scientific literature in which long term lower level/non-occupational exposures (from take home exposures and other areas of the world where naturally occurring asbestos occur) caused a low but epidemiologically detectable excess risk of mesothelioma," the ATSDR-DPH report observes.

It’s not surprising to see Lennar gloss over issues of liability, but it’s curious that Newsom and other top officials are so eager to push a proposal that would give Lennar control of Candlestick Point and perhaps result in a 49ers stadium on a federal Superfund site — without first demanding a full and public investigation of how the developers could have so miserably failed to enforce mandatory plans at Parcel A.

This fall the Newsom administration was peeved when the San Francisco Board of Education, which includes Newsom’s education advisor Hydra Mendoza, and the Youth Commission unanimously called for a temporary shutdown of Lennar’s Parcel A site until community health issues are addressed.

These demands were largely symbolic, since major grading at the site is complete, but the Mayor’s Office shot back with a Nov. 2 memo including the request that city department heads and commissions follow the example of the Hunters Point Shipyard Citizens Advisory Committee and the Bayview Project Area Committee, which have said they won’t hear further testimony on the dust issue "unless and until credible scientific evidence is presented to contradict the conclusions of the DPH, CDPH, UCSF and others that the construction dust at the Shipyard had not created a long-term or serious health risk."

Such complex points and counterpoints have been like dust in the air, preventing the public from getting a clear picture of what’s important or what’s happened at the site. But a careful review of the public record shows that, at the very least, Lennar has failed to live up to its promises.

PAPER TRAIL


As records obtained through a whistle-blower lawsuit’s discovery process show, Lennar employee McIntyre was reprimanded for e-mailing a group of Lennar subcontractors including Gordon N. Ball, Luster National, and Ghirardelli Associates and demanding that their traffic-control plan implementation be in place before Gordon Ball/Yerba Buena Engineering Joint Venture "begin using (oversize construction equipment) scrapers or articuutf8g trucks on Crisp Road."

In court depositions, Menaker, who became McIntyre’s supervisor in April 2006, claimed he "never told McIntyre that he should not raise issues related to what he perceived to be deficiencies in Gordon Ball’s dust control measures.

"Rather, I repeatedly advised him that management by e-mail would not accomplish the goal of improving Gordon Ball’s performance and that he needed to communicate with Gordon Ball and others on the project in a more effective fashion. As a result of my observations of his job performance and the feedback from others … on Aug. 1, 2006, we brought in other professionals to assist with duties initially assigned to McIntyre."

But public records reveal that things continued to go awry at the site, long after the bulk of McIntyre’s construction field-management duties were transferred to David Wilkins, an employee of Lennar subcontractor Luster National.

According to a report filed by the city’s Department of Health, on July 7, 2006, the DPH’s Amy Brownell drove to the Lennar trailers and informed McIntye that Lennar was in violation of Article 31, the city’s construction-dust ordinance, after she observed numerous trucks generating "a significant amount of dust that was then carried by the wind across the property line." She even observed a water truck on the haul road doing the same thing as it watered the road.

On Aug. 9 — eight days after McIntyre was relieved of his field-construction management duties and seven days after Lennar declared it could not verify any of its air district–mandated asbestos-monitoring data — Brownell drove to the Lennar trailers and spoke with McIntyre’s successor, Wilkins, about dust problems generated by hillside grading, haul trucks, and an excavator loading soil into articulated trucks.

"Every time [the excavator] dumped the soil into the trucks, it created a small cloud of visible dust that crossed the project site boundary. There was no attempt to control the generation of dust," Brownell observed in her Aug. 9, 2006, inspection notes.

On Sept. 21, seven weeks after McIntyre’s transfer, Brownell issued Lennar an amended notice of violation when it came to her attention that construction-dust monitors hadn’t been in place for the first two months of heavy grading.

On Dec. 8, 2006, five months after McIntyre’s reassignment, Lennar got slapped with another violation after DPH industrial hygienist Peter Wilsey observed on Nov. 30, 2006, that "dust from the work, particularly from the trucks on the haul road, was crossing the property boundary."

And on Aug. 17, a year after McIntyre left, the DPH issued Lennar its most recent violation for not controlling dust properly. But this time the notice included a 48-hour work suspension period to establish a dust-control plan monitor to be supervised by DPH staff, with costs billed to Lennar.

"The issuance of notices of violations shows the regulatory system is working," Brownell told the Guardian. "Dust control on a gigantic project like this is a continuous, everyday process that every single contractor has to do properly. That’s Lennar’s issue and problem. At DPH, we feel we have enough tools to do inspections, which Lennar gets billed for. And if they violate our requirements again, we’ll shut them down again. Or fine them."

So far, the DPH has not chosen to fine Lennar for any of its Parcel A dust violations.

"We considered it for this last violation but decided that shutting them down for two days was penalty enough," Brownell says, adding that while she’d "never just rely on air monitors, a monitor helps when you’re having problems with dust control, because then you can say, ‘Here’s scientific proof.’<0x2009>"

And scientific proof, in the form of monitoring data during the long, hot, and dusty summer of 2006, would likely have triggered numerous costly work slowdowns and stoppages. According to a memo marked "confidential" that the Guardian unearthed in the air district’s files, Lennar stated, "It costs approximately $40,000 a day to stop grading and construction" and "Gordon Ball would have to idle about 26 employees at the site, and employees tend to look for other work when the work is not consistent."

After Rev. Muhammad began to raise a storm about dust violations next to his nonprofit Muhammad University of Islam, Lennar Urban senior vice president Menaker accused him of being a "shakedown artist" when he refused an offer to temporarily relocate the school.

But Muhammad told the Guardian he refused the offer "because I didn’t want the school to be bounced around like a political football. And because I was concerned about the rest of the community."

Muhammad said he’s trying to sound the alarm about Lennar before it takes over all of Hunters and Candlestick points. As he told us, "This city is selling its birthright to a rogue company."

TRIGGER TIME


So what does the BAAQMD intend to do about Lennar’s enforcement record past, present, and future?

At an Oct. 29 hearing on asbestos dust, the BAAQMD Board of Directors unanimously instructed staff to pursue the maximum fines possible for Lennar’s Parcel A violations.

Air district staff tried to reassure the public that the "action levels" the BAAQMD set at the shipyard are health protective and provide a significant margin of safety.

Health impacts from unmonitored exposures, BAAQMD staffer Kelly Wee said, "are well within the guidelines," claiming a "one in three million" chance of developing asbestos-related diseases.

BAAQMD board member Sup. Chris Daly, who as a member of the Board of Supervisors voted July 31 to urge a temporary shutdown of Lennar’s Parcel A site, praised the air district for "moving forward with very conservative action levels.

"But these levels are political calls that are not necessarily scientific or health based," Daly added. "The initial violation, the one that, according to Lennar, CH2M Hill is responsible for, we don’t know what those levels of asbestos were, and that’s when the most significant grading occurred.

"The World Health Organization and [Occupational Safety and Health Administration] scientists are very clear that any level of exposure to asbestos comes with an increased health risk, and if you are already exposed to multiple sources, this becomes more serious," he said, referring to the freeways, power plants, sewage treatments plants, and substandard housing that blight the community, along with the area’s relatively high rate of smoking.

The BAAQMD’s Wee told the organization’s board that Lennar did not conduct proper oversight of its contractors and did not properly document the flow of air through its monitors but did discover and report its lapses in August 2006.

"Lennar exceeded the air district’s work shutdown level on at least 23 days in the post–Aug. 1, 2006, period, which is when the developer was monitoring asbestos dust," Wee observed, noting that the air district has two additional notices of violation pending against Lennar for 2007: one for overfilling dump trucks, the other for failing to maintain enough gravel on truck-wheel wash pads.

BAAQMD spokesperson Schkolnick later confirmed to the Guardian that the air district issued Lennar a notice of violation on Oct. 26 for failing to control naturally occurring asbestos at Parcel A, where grading is finished, but Lennar subcontractor Ranger is digging up the earth again to lay pipes.

"It’s time for the board to make sure the air district is as aggressive as possible to protect residents and sensitive receptors," Daly said. "Asbestos is carcinogenic. The state and federal government knows it. That was why there was an asbestos-dust mitigation plan. The air district asked for air monitoring because of the site’s proximity to a school. The air monitors were sold not just to the city but to the public as the major safeguards to the community, especially sensitive receptors, but during the most gigantic grading period and perhaps the most gigantic exposures, we don’t know what the levels of asbestos were."

Fellow BAAQMD board member Sup. Jake McGoldrick, who was a key swing vote against urging a Lennar work stoppage at the Board of Supervisors meeting in July, is now joining Daly in demanding full enforcement of the law.

"The July 31 resolution had no way to force Lennar or the SFRA to do anything," McGoldrick told the Guardian, explaining why he’s now taking a stronger stance. "It seemed that we’d reached the conclusion that the community didn’t want to shut down the project, since it included 31 percent affordable housing, and that the work was essential in terns of revitalizing the area and that the evidence presented seemed to show that everything is now under control."

But because the coalition of Lennar supporters — who didn’t mention they are on Lennar’s payroll until after the July 31 resolution failed — is now pushing a ballot measure to vastly expand Lennar’s control in our city, McGoldrick is demanding answers and accountability.

"We want to look into whether Lennar screwed up deliberately, and if so, fine them to the hilt," McGoldrick said. "But let’s get the project on Parcel A going, because the grading has been completed and it will be beneficial to the community."

McGoldrick claimed that in July he and Daly knew they had an air district hearing coming.

"And we knew where the strongest action could be taken in terms of sticking it to Lennar and showing them we won’t just be looking over your shoulder, we’ll be standing on it," McGoldrick told us.

"A fine means we have warned you — and we’ve got a gun to your head. It means if you don’t act properly, we can pull the trigger," McGoldrick said, noting that at the time of the July 31 vote the Parcel A grading was essentially done and no one could present any solid evidence that the public health had been harmed.

"So now the question is: did you or did you not do this? [A maximum fine of] $75,000 a day for 383 days, even if it’s not a lot of money to Lennar — it’s a lot of embarrassment," McGoldrick said.

But if Lennar tries to delay settling with the air district to avoid fines until after the June 2008 election, will its perceived unwillingness to face consequences backfire at the ballot box — and soil Newsom’s reputation as a great environmentalist in the process?

As McGoldrick observed, "Some of us are having serious second thoughts about going forward with Lennar. Our feeling is, you should sit down and cooperate with the air district and settle this thing with them. And you know darn well that we are standing there, ready to pull the trigger."

He framed the issue this way: "We’re saying to the Mayor’s Office, you guys have a responsibility [to ensure Lennar is accountable] before you give them another 350 acres — on top of the 63 acres they already have — just to save the mayor’s butt, since he blew it with the Olympics and the 49ers."

LENNAR BY THE NUMBERS

Number of days Lennar Corp. had been in violation of air district monitoring rules, according to the Sept. 6, 2006, citation: 383

Fine, per day, for vioutf8g the air district’s plan: $1,000–$75,000, depending on intent

Maximum fine Lennar faces: $28.7 million

Fine, per day, for vioutf8g the city’s construction-dust plan: $5,000

Number of cited violations of city’s construction-dust control plan: 5

Daily cost Lennar claims for stopping work at Parcel A: $40,000

Amount Lennar paid subcontractors for grading Parcel A: $19.5 million

Amount Lennar paid Sam Singer Associates for public relations work in 2005: $752,875

Amount Lennar paid CH2M Hill for environmental consulting work: $445,444

Parcel A acreage: 63

Acreage Lennar controls on Treasure Island: 508

Percentage of rental units promised at Treasure Island and Yerba Buena Island: 27

Number of rental units Lennar is building at Parcel A: 0

Acreage in the Bayview Jobs, Parks and Housing Initiative: 780

Number of rental or below-market-rate homes in Bayview initiative: Unknown

Lennar’s share price Nov. 26: $14.50 (a 52-week low)

Lennar’s stock’s 52-week high: $56.54

Feed our students well

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GREEN CITY Not long ago a green vegetable was a rare and startling sight on a lunch tray at a San Francisco school. Carnival-style food was the standard, with corn dogs as a regular entrée, packaged apple turnovers as the "fruit" course, and fried potatoes as the staple vegetable.

School lunches have come a long way since 2003, when San Francisco Unified School District parent volunteers, staff, students, public health professionals, and other community supporters joined together to begin creating the school district’s Wellness Policy. Lunches are fresher, tastier, healthier, and leaner, and the SFUSD’s "no empty calories" policy has been a role model in the nationwide effort to improve school food.

But even after all of those changes, a high school group recently surveyed more than 2,000 of their peers and learned that students still complain that school food doesn’t taste fresh and costs too much, and some question how nutritious it is.

So a growing movement argues it’s time to take the next step: the greening of school meals. Surely a food-savvy, health-conscious, environmentally aware city like San Francisco, which is located in one of the world’s most fertile agricultural regions, should be feeding its kids fresh, local organic produce at every meal.

But there’s an obstacle, and it’s green too. Government reimbursement for a free school lunch is just $2.71, nearly half of which goes to pay for labor. Other fixed overhead eats up another large chunk, leaving just about $1 to pay for the meal itself, including 34¢ for the required milk.

No wonder it’s hard to respond to requests for fresher, healthier food and more of it. New salad bars placed in three schools as part of a pilot program address these concerns, offering students mixed greens and raw vegetables, several kinds of fresh fruit, and whole grain breads and muffins, in addition to the hot entrée. When the first salad bar was created last year at Balboa High School, the average number of students eating its cafeteria lunch every day increased 26 percent, with virtually all of the new diners low-income students.

But that $1 per meal won’t cover a salad bar at every school, which is the SFUSD’s goal. The cost of just the equipment for a salad bar — the bar itself, added refrigeration and sinks, a couple more tables — can run more than $10,000 per school, depending on how much work needs to be done to reconfigure the lunch line. Organic produce drives the meal cost higher too.

Unfortunately, the SFUSD doesn’t have that money. Because it’s currently left to the school district to provide meals, the SFUSD must require that the Student Nutrition Department budget break even or else cut into classroom funds to cover the deficit.

The good news is that thanks to grants from the Department of Children, Youth and Their Families and Mayor Gavin Newsom, salad bars are being started in 25 SFUSD schools this year, stocked with seasonal, local produce. Still, despite this additional funding, only about 25 percent of district students will have access to the salad bars. Social justice demands that every student have equal access to a healthier school meal.

Most city officials and the greater community probably aren’t even aware of the situation. It’s time to put the need to feed our children adequately on the radar of the whole community and ask officials to step in with funding to ensure that our children can eat well without sacrificing classroom resources to cover the cost of their food. The Public Education Enrichment Fund, better known as Proposition H, provides a growing pot of city money aimed at improving the schools, and part of it could be used to fund the opening of more salad bars, so more school kids can enjoy the benefits of fresh produce and whole grains.

Providing the money to put salad bars in every school would pay off in healthier kids and related positive effects. Better nutrition is linked with higher academic achievement, improved behavior, and other benefits.

Let’s become a city that commits to teaching our children well, feeding them well, and promoting a greener food system. *

Paula Jones and Caroline Grannan are members of the SFUSD Student Nutrition and Physical Activity Committee.

Comments, ideas, and submissions for Green City, the Guardian‘s weekly environmental column, can be sent to news@sfbg.com.

Defying the injunction

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While City Attorney Dennis Herrera can claim victory in winning court approval for his controversial gang injunctions, at least one targeted group is openly defying the terms of the preliminary order, trying to make a statement that they should be given a chance to heal the wounds they helped create.

Alleged members of the Eddy Rock gang in the Western Addition, from the Yerba Buena Plaza East housing complex at Eddy and Buchanan streets, have continued to hold small film festivals and other gatherings in an attempt to show the public that despite being labeled violent criminals, they are making a positive contribution to the community.

As the San Francisco Police Department and City Attorney’s Office say they are preparing to enforce the injunction, many of the named parties in the Western Addition say they will continue to congregate within the four-block "safety zone," an area where they are forbidden to loiter, be in the company of other gang members, or engage in other banned activities. In defying the injunction, they risk being jailed for up to five days.

"They’re trying to force us out of our community, but we’re [going to] fight it," Maurice Carter, a 32-year-old alleged gang member, told the Guardian.

The decision by targeted members to forge ahead with their community-building efforts is an attempt to sway city officials into easing the restrictions of the injunction, a prospect that seems unlikely at this stage.

"We’ve got the most influence of anybody," said Paris Moffet, whom the city attorney has identified as the leader of Eddy Rock, a label the 27-year-old disclaims. "But they don’t think so. Instead of putting us down, if they want to stop the violence, why aren’t they helping us?"

Superior Court Judge Peter Busch granted three injunctions sought by Herrera on Oct. 18 against two other gangs in the Western Addition and the Norteños in the Mission. The date for enforcing the injunction remains tentative, and city attorney spokesperson Matt Dorsey said, "Out of an abundance of caution, we will not begin to enforce the injunction against an enjoined gang member until after the proof of service for that individual has been filed with the court."

The city attorney is also holding sessions, with the help of the Gang Task Force, to properly train local police to enforce the measure. However, Lt. Ernie Ferrando of the task force said his unit can and likely will apply the restrictions to those who have already been served.

As of Nov. 26, 33 individuals have been served with injunctions, Dorsey said. Twenty people from the Western Addition — five from Chopper City, 10 from Eddy Rock, and five from the Knock Out Posse — have been given notice, along with 13 Norteños from the Mission.

Despite the measures being taken by police and the city attorney, which involve careful efforts to make sure only people named on the injunctions are prosecuted, critics of the approach say the injunctions may no longer be necessary in the Western Addition, where many of the targeted individuals seem to have made great strides over the past few months.

"I’ve been coming down here for four years, and this is the first summer that I haven’t had to drive over caution tape," said Sheryl Davis, program director of Mo’ Magic, which is based in the nearby African American Art and Culture Complex on Fulton Street. "So something is working."

The last gang-related homicide occurred in May, Northern Police Station captain Croce Casciato said. Police say the reasons for the decrease in violence are varied, but few can argue against its scope. The alleged gang members who have been targeted maintain that they — not outside forces or the injunction — are most responsible for the turnaround.

"There’s been a lot of bloodshed here. We’re trying to clean that bloodshed," Moffet said. About the looming threat of the injunction, he added, "We’re [going to] stand tall no matter what they say. Everybody makes mistakes. The main thing is trying to better yourself. That’s my leadership — stopping the violence."

Davis, who helped the film fest at Plaza East secure a digital projector, agreed that the respite in killings is directly attributable to the alleged perpetrators. While she didn’t criticize outright the efforts of the city attorney, she did say the recent positive actions by alleged gang members should be noted and that the injunction will likely act as a deterrent to such activities.

Of community-based efforts in the Western Addition, Davis said, they "should be duplicated, not shut down."

But proponents of the injunctions say they won’t hinder positive efforts. Nor will it be impossible for targeted gang members to be removed from the list. Public Defender Jeff Adachi is currently pushing for an opt-out provision that would permit injunction targets to petition for their removal by proving they are not involved with gangs. It’s an idea that has been supported in concept by the city attorney, though the details have yet to be worked out.

Lt. Ferrando pointed out that the injunctions might help gang members to escape the lifestyle without fear of retribution.

"This gives some guys the chance to leave the area for good," he said, noting that after the first injunction was approved, against the Oakdale Mob in Bayview–Hunters Point, several members simply never came back to the area and were never served.

Still, those named as members of Eddy Rock expressed concern that their recent positive efforts may go to waste.

"Some of the guys doing the good work are on the injunction. I find that very unique," said Marquez Shaw, a 26-year-old who is described in court papers as a member of the gang, though he is not on the list of targeted individuals.

In a video made by the group during a recent gathering, 20-year-old alleged member Hannibal Thompson says, "We got a lot of good stuff going on right now. Don’t take it away from us."

A real public voting system

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EDITORIAL San Francisco, it appears, will have new voting machines in place for the February 2008 presidential primary, thanks to a deal that doesn’t really thrill anybody. But the city should take this opportunity to start looking at the long term — and the Board of Supervisors ought to consider abandoning its reliance on the private sector and bringing voting technology back to the public itself.

The November municipal election was a mess: Election Systems and Software, the vendor with the contract to provide local voting equipment, couldn’t meet the requirements of the secretary of state, so the city’s polling equipment was invalid and votes had to be counted by hand. Now City Attorney Dennis Herrera has initiated legal action against the company, and the city is prepared to hire a new vendor. Sequoia Systems of Oakland is poised to get a four-year contract to provide voting equipment that will meet state standards, handle the local ranked-choice-voting system, and, presumably, make election results available within a few hours after the polls close.

There are problems with the deal: Sequoia, like all private election-machine makers, refuses to release its source code. So the public (and city officials) has no way of knowing if the software is accurate, susceptible to hacking, or easily corrupted. Sequoia has agreed to let the city pick a neutral third party that will be given access to the code for the purpose of verifying its quality, but ideally, the source code for something as critical to democracy as a voting machine ought to be made public as a matter of course. And as long as private companies, which consider their code a trade secret, control the market for voting machines, that’s never going to happen.

Steven Hill, director of the Political Reform Program at the New America Foundation, has an excellent idea: the state of California or some group of cities ought to create a public, open-source election system. If San Francisco did that, the city could even franchise it — act as a vendor and make a little money licensing the program to other municipalities.

Creating a voting-machine system isn’t cheap or easy; in fact, most experts say it would take several years. But San Francisco has several years now — the Sequoia contract will carry through 2012. That ought to be enough time to either create our own system or form a consortium with, say, Los Angeles, Sacramento, and a few others to finance and build a true public voting system that can be vetted by outside experts, approved by the secretary of state, modified for new projects like RCV, and used for years at little or no additional cost. An open-source system would give the public confidence in the results. And it would put control of voting back where it belongs — in the public sector.

The supervisors should create a task force to begin looking into this, with the idea of having an operational alternative available when the Sequoia contract runs out.

Sex crimes grandstanding

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EDITORIAL Sex offenders are an easy political target. Nobody wants to be portrayed as soft on child molesters; nobody wants to defend ex-cons who are required to register their whereabouts with the police. Jessica’s Law, the state bill that bars registered sex offenders from living within 2,000 feet of any school or park, passed overwhelmingly in 2006, and only a few brave politicians, including San Francisco sheriff Mike Hennessey and Assemblymember Mark Leno, were willing to oppose the measure on the grounds that it’s counterproductive and unworkable.

Now Joe Alioto Veronese, a San Francisco police commissioner and candidate for State Senate, has launched an effort to force the local police to roust sex offender parolees who live in San Francisco. It’s good politics for someone who wants a high-profile campaign issue, but it’s bad law enforcement policy.

Proposition 83, which Veronese supported, imposes harsh penalties for anyone convicted of a sex crime. It also prevents all convicted offenders from living in San Francisco, since there’s not a single residential unit in the city that isn’t within 2,000 feet of a school or a park. That, of course, simply forces the problem onto other communities — and tends to send offenders to rural areas, where they lack access to services and ties to the community. By most accounts, isoutf8g ex-cons is a bad way to prevent future criminal conduct.

But there’s a loophole, and the state Bureau of Prisons has made no effort to hide it. If an ex-offender registers as transient — that is, homeless — the state can’t bust him or her for living too close to a school or a park. So some number of parolees — perhaps as many as 166 — released after committing sex crimes have returned to San Francisco and registered as transients. Some of them probably are, indeed, homeless. Some are no doubt trying to find a way to live in this city without vioutf8g Prop. 83 (and thus vioutf8g their parole, which means returning to prison).

Veronese wants the San Francisco Police Department to go out and find every one of these transients and, if they aren’t in fact homeless, arrest them for parole violation. That’s going to take a lot of police time — and is unlikely to be terribly effective.

For starters, it’s not the job of the SFPD to monitor parolees. The state’s Department of Corrections does that — and every transient parolee has to check in with his or her parole officer every single day anyway. Veronese told us he doesn’t expect the SFPD to send ex-offenders back to prison — but if they’re arrested, that’s exactly what will happen.

And for the record, as Sheriff Hennessey points out, only a very small percentage of paroled sex offenders are rearrested for sex crimes. The vast majority of child molesters — the category of criminals Prop. 83 was aimed at — are relatives of the child in question, not strangers on the street. And every one of these parolees already has to wear a GPS bracelet.

The whole effect of Veronese’s policy will be to drive further underground a population that shouldn’t be hiding in the shadows. It would encourage parolees to hide, to remove their locator bracelets, and to avoid service providers. It would divert police resources at a time when the murder rate is soaring.

It’s a bad idea that the rest of the commissioners should shoot down. And if Veronese wants to be a serious candidate for State Senate, he should start talking about real issues and leave the phony "tough-on-crime" stuff for the Republicans.

Editor’s Notes

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› tredmond@sfbg.com

Asbestos is nasty stuff. It’s the scariest kind of environmental contaminant: you often can’t see it, you can’t smell it, you can’t taste it, it hangs around for a while, and it’s hard to get rid of. Asbestos fibers are tiny, invisible to the naked eye — and once they get in the air, they don’t tend to settle quickly. A single fiber can take eight hours to fall six feet in utterly still air; with the wind blowing, the stuff can float around for days or weeks. If you inhale it, you don’t typically notice, and there’s no easy test for exposure. But it sticks around in your lungs forever and can cause cancer and other deadly diseases 10 or 20 years down the road.

At that point, of course, it’s nearly impossible to prove exactly where and when you were exposed.

I learned all of this years ago when I was writing about asbestos contamination in the San Francisco public schools. For years the stuff was used as insulation (and as linings in automotive brake pads), and for good reason: it’s essentially a rock that you can weave into something resembling cloth. And because it’s a rock, it’s tough and doesn’t burn. Of course, when the insulation coverings get old, as they did in the schools, and the asbestos starts to leak out, you have a public health emergency of such major proportions that schools have to be shut down and lots of expensive, difficult remediation work done.

Now there’s another asbestos story in San Francisco, and it’s a more tricky one: Lennar Corp., which has the master redevelopment contract in Bayview–Hunters Point, has been digging up an area that’s full of naturally occurring asbestos. The area badly needs economic development, so it’s harsh to ban any type of construction there. And I think it’s possible to build safely in the area — but it’s complicated and expensive, and since there are residents (and schoolkids) nearby, there’s zero margin for error. You have to be willing (or forced) to watch every whiff of dust, to monitor the air with sophisticated equipment — and to shut down work the moment it appears that the dust isn’t being or can’t be controlled.

That doesn’t mesh well with a financially troubled company that is trying desperately to avoid costly construction delays.

As Sarah Phelan reports on page 16, a Lennar manager who was threatening to shut down work because subcontractors weren’t controlling asbestos-laden dust was fired and is now suing. The Bay Area Air Quality Management District is threatening multimillion-dollar fines. Yet Lennar is still complaining that any effort to shut down the site, even for short periods of time, would be unfair — because, the company says in a confidential memo, that would cost $40,000 a day.

This doesn’t sound like a company that can be trusted — yet Mayor Gavin Newsom now wants to give the outfit even more public land. A measure headed for the June 2008 ballot would allow Lennar to develop thousands of homes at Candlestick Point — and possibly build a new stadium for the 49ers. The stadium deal is pure political bullshit; Newsom doesn’t want to be accused of "losing" the local football team, so he’ll toss whatever public cash he can scrape up in the Niners’ direction. But the team wants to leave, the stadium does little for the neighborhood economy, and Lennar is going to keep cutting corners (and public safety) to improve its bottom line.

Sounds like a bad deal to me.

Obama’s moment

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When presidential hopeful Barack Obama came to San Francisco on Nov. 14, it was a potentially pivotal moment in his campaign, a make-or-break opportunity to become the one transcendent candidate who can offer hope for moving the country in a new direction. “In this moment, in this election, let’s reach for what we know is possible,” Obama said. Guardian City Editor Steven T. Jones was there and reports on a campaign struggling to find the resonance it needs to win.
– Read the main story: Obama’s moment
– Read the breaking news sidebar: Obama’s new Iraq position
– Listen to Obama’s speech
– Check the latest presidential primary polls
– Read The Atlantic cover story: Why Obama Matters
– Read Tom Hayden’s Nov. 9 letter to Obama

obama

Guardian photo by Lane Hartwell

Obama audio

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Click below to listen to Obama’s full speech of about 30 minutes:


Part 2:

Obama’s new Iraq position

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Barack Obama strongly and eloquently opposed the Iraq war from the beginning, but his careful positions on what to do about it now have been disappointing to some in the antiwar movement who have pushed for a speedy withdrawal and no permanent military bases in the country.

But over the course of this year, his stance for peace has gotten stronger. During his Nov. 14 speech in San Francisco, Obama said, "As president, I will end the war in Iraq. I will bring our troops home. They’ll be home in 16 months. I will close Guantánamo. I will restore habeas corpus. I will finish the unfinished fight against al Qaeda in Afghanistan. And I will lead the world against the common threats of the 21st century."

Did he mean a full withdrawal from Iraq, killing current plans for lingering military advisors and a massive, permanent military base? That’s something Obama hasn’t said yet, so we pressed his California communications director, Debbie Mesloh, on the question.

She told us, "Barack Obama will make it clear that the United States will not build or seek permanent military bases in Iraq."

Obama’s moment

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› news@sfbg.com

Barack Obama came to San Francisco with some pretty heavy baggage Nov. 14. His speech at the Bill Graham Civic Auditorium was swarmed by a diverse crowd of about 7,000, with most of those we interviewed hungry for an answer to the big question: is Obama the one who can take this troubled country in a new direction?

The Illinois senator had just gotten a bump from a cover story in the Atlantic, "Why Obama Matters," which posits that he is the only candidate capable of moving our country past the divisive culture-war paradigms and into a period when fundamental change is possible.

But time is running out for Obama to take the Democratic presidential nomination from front-runner Hillary Clinton, who has locked up moderates and most women. And some progressives, including labor unions, are behind John Edwards. To win the nomination, Obama must find a way to quickly rally the left — including urban voters and the antiwar, social justice, LGBT, and labor movements — into an energized voting block.

And that, some progressives say, means he’s got to stop playing it safe.
obama
Guardian photo by Lane Hartwell

Days before the speech, former California state senator and 1960s radical Tom Hayden sent Obama a letter taking issue with the latter’s comment that Democrats are paralyzed by Vietnam-era fights — and in particular, his response, "That’s just not my framework."

Hayden argued that Obama was squandering his advantage as the sole credible antiwar candidate by running a safe campaign that equally repudiates both political extremes — even though progressives have been far closer to the truth on issues of war, civil rights, economic equity, and the full range of traditional Democratic planks.

Hayden wrote, "The greatest gift you have been given by history is that as the elected tribune of a revived democracy, you could change America’s dismal role in the world. Because of what you so eloquently represent, you could convince the world to give America a new hearing, even a new respect. There are no plazas large enough for the crowds that would listen to your every word, wondering if you are the one the whole world is waiting for. They would not wait for long, of course. But they would passionately want to give you the space to reset the American direction."

Many attendees of Obama’s SF speech shared similar sentiments. "I’m interested in what he’s been saying in his books, but he’s become a kind of politician, so I want to hear what he has to say tonight," Jeremy Umland, 33, a third grade teacher from Oakland, said as he was waiting in line. "I think he had a lot of brave ideas in the past, and I’d like to see him get back to that."

Umland, who is white and gay, stood with his partner, Terrence Marks, 34, who is black. The couple are in the process of adopting a child and wanted to hear Obama call for legalizing gay marriage or for a health care plan that doesn’t involve insurance companies.

"I’d like to see him address it in a way that doesn’t evade this issue," Marks said. "I want to hear him talk not like a politician, but a real person."

Inside, Obama gave voice to many of those same themes.
"Running the same old textbook, by the numbers, Washington campaign just won’t do it…. The triangulation and poll-tested positions because we’re afraid of what Mitt [Romney] or Rudy [Giuliani] will say about us just won’t do it," Obama said, adding, "If we’re going to seize the moment, then we can’t live in fear of losing."

He said we are in "a defining moment in our history," when Americans need to grapple with war, a planet in peril, economic insecurity, and a political system that seems corrupt and incompetent. "We’ve lost faith that our leaders can or will do anything about it," Obama said.

Over and over again, Obama said he is running to deal with the most difficult issues: living wages, universal health care, human rights and dignity, racial harmony, honest foreign diplomacy, and a return to the principles of the New Deal. "I’m running for president of the United States because that is the party that America needs us to be right now.

"I am in this race," he said, "because of what Dr. King called the fierce urgency of now."

Good stuff, but is it too late? "I don’t see it happening, but it’s still possible that Hillary Clinton will slip in Iowa. She’s not invincible," Hayden told us.

In fact, a new ABC–Washington Post poll shows Obama taking the lead over Clinton in Iowa, 30 percent to 26, with Edwards at 22 percent.

"Seeing him through the eyes of my 34-year-old son and his wife, I could see there was a lot of new excitement among the younger generation and that it would be a shame if that just dissipates," Hayden told us. "The thing Obama needs most is what he steers around: he need a new social justice movement similar in strength to what we had in the ’60s."

Donald Fowler, a San Francisco resident and Democratic Party campaign consultant who ran John Kerry’s Michigan campaign in 2004 and Al Gore’s field operation in 2000, said Obama has suffered for trying to communicate detailed positions through an intense media filter.

"You get into the danger of running a government when you should be running a campaign," Fowler told us.

He and Hayden each said that particularly on the Iraq war issue, where Obama is strongest, he should have projected his stance more boldly, something he may now be starting to do.

"My guess is they have decided to be strong, state things clearly, and take back the discussion," Fowler said. Listening to Obama discuss this moment, that assessment seems likely.

"It’s because of these failures that people are listening intently," Obama said. "We have the chance to come together to form a new majority." *

To hear Barack Obama’s speech and read the Atlantic article and Tom Hayden’s letter, visit www.sfbg.com.

An Appeal to Barack Obama

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“The Democrats have been stuck in the arguments of Vietnam, which means that either you’re a Scoop Jackson Democrat or you’re a Tom Hayden Democrat and you’re suspicious of any military action. And that’s just not my framework.” – Sen. Barack Obama.

Barack, I thought Hillary Clinton was known as the Great Triangulator, but you are learning well. The problem with setting up false polarities to position yourself in the “center”, however, is that it’s unproductive both politically and intellectually.

Politically, it is a mistake because there last time I looked there were a whole lot more “Tom Hayden Democrats” voting in the California primary and, I suspect, around the country, than “‘Scoop’ Jackson Democrats.” In fact, they are your greatest potential base, aside from African-American voters, in a multi-candidate primary.

More disturbing is what happens to the mind by setting up these polarities. To take a “centrist” position, one calculates the equal distance between two “extremes.” It doesn’t matter if one “extreme” is closer to the truth. All that matters is achieving the equidistance. This means the presumably “extreme” view is prevented from having a fair hearing, which would require abandoning the imaginary center. And it invites the “extreme” to become more “extreme” in order to pull the candidate’s thinking in a more progressive direction. The process of substantive thinking is corroded by the priority of political positioning.

I have been enthused by the crowds you draw, by the excitement you instill in my son and daughter-in-law, by the seeds of inspiration you plant in our seven-year old [biracial] kid. I love the alternative American narrative you weave on the stump, one in which once-radical social movements ultimately create a better America step by step. I very much respect your senior advisers like David Axelrod, who figured out a way to elect Harold Washington mayor of Chicago. You are a truly global figure in this age of globalization.

But as the months wear on, I see a problem of the potential being squandered. Hillary Clinton already occupies the political center. John Edwards holds the populist labor/left. And that leaves you with a transcendent vision in search of a constituency.

Your opposition to the Iraq War could have distinguished you, but it became more parsed than pronounced. All the nuance might please the New York Times’ Michael Gordon, who helped get us into this madness in the first place, but the slivers of difference appear too narrow for many voters to notice. Clinton’s plan, such as it is, amounts to six more years of thousands of American troops in Iraq [at least]. Your proposal is to remove combat troops by mid-2010, while leaving thousands of advisers trying to train a dysfunctional Iraqi army, and adding that you might re-invade to stave off ethnic genocide. Lately, you have said the mission of your residual American force would be more limited than the Clinton proposal. You would commit trainers, for example, only if the Iraqi government engages in reconciliation and abandons sectarian policing. You would not embed American trainers in the crossfire of combat. This nuancing avoids the tough and obvious question of what to do with the sectarian Frankenstein monster we have funded, armed and trained in the Baghdad Interior Ministry. The Jones Commission recently proposed “scrapping” the Iraqi police service. Do you agree? The Center for American Progress, directed by Bill Clinton’s former chief of staff, is urging that all US troops, including trainers, be redeployed this year. Why do you disagree? Lately you have taken advantage of Hillary Clinton’s hawkishness on Iran to oppose bombing that country without Congressional authorization. But you carefully decline to say whether you would support bombing Iran when and if the time comes.

This caution has a history:

– you were against the war in 2002 because it was a “dumb war”,
but you had to point out that you were not against all wars, without
exactly saying what wars you favored;

– then you visited Iraq for 36 hours and “could only marvel at
the ability of our government to essentially erect entire cities
within hostile territory”;

– then as the quagmire deepened, you cloaked yourself in the
bipartisan mantle of the Baker-Hamilton Study Group, which advocated
leaving thousands of American troops in Iraq to fight terrorism, train
the Iraqis until they “stand up”, and sundry other tasks of
occupation;

Perhaps your national security advisers are getting to you when it should be the other way around. Their expertise is not in the politics of primaries. If anything, they reject the of populist peace pressure influencing elite national security decisions. The result is a frustration towards all the Democratic candidates for what the Center for American Progress has recently called “strategic drift.” The political result is the danger of returning to John Kerry’s muffled message in 2004. The policy result may be a total security disaster for our country, draining our young soldiers’ blood and everyone’s taxes on the continuing degradation of our national honor in a war which cannot be won.

Just for the record, let me tell you my position on Iraq. I think the only alternative is to begin a global diplomatic peace offensive starting with a commitment to withdraw all our troops as rapidly as possible. That is the only way to engage the world, including the Iraqi factions, in doing something about containing the crises of refugees, reconciliation and reconstruction. It means negotiating with Iran rather than escautf8g to a broader war. If you want to “turn a new page”, it should not be about leaving the Sixties behind. It will be about leaving behind the superpower fantasies of both the neo-conservatives and your humanitarian hawks. And yes, it is to be “suspicious”, as Eisenhower and John Kennedy came to be suspicious, of the advice of any Wise Men or security experts who advocated the military occupation of Iraq. Is that position as extreme as your rhetoric assumes?

Your problem, if I may say so out loud, and with all respect, is that the deepest rationale for your running for president is the one that you dare not mention very much, which is that you are an African-American with the possibility of becoming president. The quiet implication of your centrism is that all races can live beyond the present divisions, in the higher reality above the dualities. You may be right. You see the problems Hillary Clinton encounters every time she implies that she wants to shatter all those glass ceilings and empower a woman, a product of the feminist movement, to be president? Same problem. So here’s my question: how can you say let’s “turn the page” and leave all those Sixties’ quarrels behind us if we dare not talk freely in public places about a black man or a woman being president? Doesn’t that reveal that on some very deep level that we are not yet ready to “turn the page”?

When you think about it, these should be wonderful choices, not forbidden topics. John Edwards can’t be left out either, for his dramatic and, once again, unstated role as yet another reformed white male southerner seeking America’s acceptance, like Carter, Clinton and Gore before him. Or Bill Richardson trying to surface the long-neglected national issues of Latinos. I think these all these underlying narratives, of blacks, women, white southerners and la raza – excuse me, Hispanic-Americans – are far more moving, engaging and electorally-important than the dry details of policy.

What I cannot understand is your apparent attempt to sever, or at least distance yourself, from the Sixties generation, though we remain your single greatest supporting constituency. I can understand, I suppose, your need to define yourself as a American rather than a black American, as if some people need to be reassured over and over. I don’t know if those people will vote for you.

You were ten years old when the Sixties ended, so it is the formative story of your childhood. The polarizations that you want to transcend today began with life-and-death issues that were imposed on us. No one chose to be “extreme” or “militant” as a lifestyle preference. It was an extreme situation that produced us. On one side were armed segregationists, on the other peaceful black youth. On one side were the destroyers of Vietnam, on the other were those who refused to
submit to orders. On the one side were those keeping women in inferior roles, on the other were those demanding an equal rights amendment. On one side were those injecting chemical poisons into our rivers, soils, air and blood streams, on the other were the defenders of the natural world. On one side were the perpetrators of big money politics, on the other were keepers of the plain democratic tradition. Does anyonebelieve those conflicts are behind us?

I can understand, in my old age, someone wanting to dissociate from the extremes to which some of us were driven by the times. That seems to be the ticket to legitimacy in the theater of the media and cultural gatekeepers. I went through a similar process in 1982 when I ran for the legislature, reassuring voters that I wasn’t “the angry young man that I used to be.” I won the election, and then the Republicans objected to my being seated anyway! Holding the idea that the opposites of the Sixties were equally extreme or morally equivalent is to risk denying where you came from and what made your opportunities possible. You surely understand that you are one of the finest descendants of the whole Sixties generation, not some hybrid formed by the clashing opposites of that time. We want to be proud of the role we may have played in all you have become, and not be considered baggage to be discarded on your ascent. You recognize this primal truth when you stand on the bridge in Selma, Alabama, basking in the glory of those who were there when you were three years old. But you can’t have it both ways, revering the Selma march while trying to “turn the page” on the past.

This brings me back to why you want to stand in the presumed center against the “Tom Hayden Democrats.” Are you are equally distant from the “George McGovern Democrats.”, and the “Jesse Jackson Democrats”? How about the “Martin Luther King Democrats”, the “Cesar Chavez Democrats”, the “Gloria Steinem Democrats”? Where does it end?

What about the “Bobby Kennedy Democrats”? I sat listening to you last year at an RFK human rights event in our capital. I was sitting behind Ethel Kennedy and several of her children, all of whom take more progressive stands than anyone currently leading the national Democratic Party. They were applauding you, supporting your candidacy, and trying to persuade me that you were not just another charismatic candidate but the one we have been waiting for.

Will you live up to the standard set by Bobby Kennedy in 1968? He who sat with Cesar Chavez at the breaking of the fast, he who enlisted civil rights and women activists in his crusade, who questioned the Gross National Product as immoral, who dialogued with people like myself about ending the war and poverty? Yes, Bobby appealed to cops and priests and Richard Daley too, but in 1968 he never distanced himself from the dispossessed, the farmworkers, the folksingers, the war resisters, nor the poets of the powerless. He walked among us.

The greatest gift you have been given by history is that as the elected tribune of a revived democracy, you could change America’s dismal role in the world. Because of what you so eloquently represent, you could convince the world to give America a new hearing, even a new respect. There are no plazas large enough for the crowds that would listen to your every word, wondering if you are the one the whole world is waiting for. They would not wait for long, of course. But they would passionately want to give you the space to reset the American direction.

What is the risk, after all? If “think globally, act locally” ever made any sense, this is the time, and you are the prophet. If you want to be mainstream, look to the forgotten mainstream. You don’t even have to leave the Democratic Party. It’s time to renew the best legacy of the Good Neighbor policy of Roosevelt before it dissolved into the Cold War, the Strangelove priesthood, the CIA coups in Iran and Guatemala, the sordid Bay of Pigs, the open graves of Vietnam. It’s time to renew the best legacy of the New Deal before it became Neo-Liberalism, and finally achieve the 1948 Democratic vision of national health care.

May you – and Hillary too – live up to the potential, the gift of the past, prepared for you in the dreams not only of our fathers, but of all those generations with hopes of not being forgotten.

Editor’s Notes

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› tredmond@sfbg.com

Sup. Aaron Peskin hates billboards, and mostly I agree with him — the whole damn world feels like a commercial these days, and it’s nice to be able to walk around a few parts of the city and not be surrounded by giant illuminated ads. But as Election Day approached this fall, I felt like something was missing from San Francisco.

October in this city used to mean brightly colored campaign festoonery on lampposts, utility poles … anywhere anyone could legally stick a sign promoting or attacking a candidate or ballot measure. Yeah, it got a bit ugly, and yeah, it was one more way that people with money were able to get their message out and get a leg up on the people who weren’t well funded. And it was always a mess in late November, when the campaigns conveniently forgot to take their posters down. But it also, I think, served to remind everyone that an election was coming up.

That doesn’t matter so much when the office of the president of the United States is on the ballot, because most people at least know that’s going on. But this year only about 30 percent of voters bothered to go to the polls — and since San Francisco has elections at least twice per year and not all of them feature a high-profile race, it’s not a bad idea to do something festive to get everybody thinking about them.

So while I didn’t oppose Peskin’s ordinance banning campaign signs on public property, I’m thinking maybe we should modify it a bit. I’m not sure exactly how; maybe we set aside a small amount of money from the public campaign fund and give local artists modest grants to come up with wild and colorful posters announcing the election and encouraging people to vote. We let churches and nonprofits hang signs celebrating anniversaries and special events — why not public art celebrating our semiannual bout of obsessive democracy?

Just a thought.

And here’s another:

I have friends who are employed in the world of philanthropy (that is, they either administer grants or seek them), and we were all complaining the other day about how people like Bill Gates get to set international health policy. When Gates decides something’s a problem, it suddenly has vast resources — and his opinion about world health isn’t always shared by experts in the field.

In a better world we would tax Gates and Microsoft at a level that would provide adequate resources for our elected representatives to make choices about global problems, but these days the rich don’t pay taxes — yet they can set policy. So I had a suggestion:

What if Gates decided to give, say, a billion dollars to some needy urban public school district? I don’t know — Detroit or Jackson, Miss., … or San Francisco. My friends, who understand how these things work, said I was nuts; much of that money would immediately be lost to corruption.

Maybe — but what if it weren’t a lump sum? What if the Bill and Melinda Gates Foundation just doubled the annual budget of the San Francisco Unified School District for the next 10 years? What if the "project," so to speak, was to demonstrate how effective the public sector can be at educating kids if the resources are available?

And maybe after 10 years the Gates folks could do a massive public relations campaign and people would realize that higher taxes for public schools might make for a better society.

Happy Thanksgiving. *

Fix the Prop. A cab problem

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EDITORIAL The politics of Proposition A were pretty clear: the Muni reform measure had the backing of nearly every environmental and labor group in the city and was a direct alternative to the pro-car, pro-parking disaster that was Proposition H, pushed by Republican billionaire Don Fisher.

The policy is a little more complicated.

For the most part, Prop. A is a solid piece of legislation that will lead to some significant, if not earth-shaking, improvements in public transit. It has one serious flaw, though — it could lead to the demise of the city’s taxi medallion system, which was designed to keep the valuable operating permits in the hands of working drivers.

During the campaign, Sup. Aaron Peskin, the sponsor of Prop. A, told us that if the measure passed, he’d craft legislation to fix the cab problem. He should get going on that right away.

San Francisco has an unusual system of allocating taxi permits. Since 1978, when Proposition K (authored by then-supervisor Quentin Kopp) became law, only people who drive cabs are allowed to hold medallions. They can’t be sold or transferred in any way, and corporations can’t own them. That reform made it possible for drivers to share in the profits that come from holding the medallions — and the cab companies have been trying to repeal it ever since. Eight times in the past 30 years, corporate-led efforts to overturn Prop. K have failed.

The system isn’t perfect — it takes up to 15 years to qualify for a medallion, and some people on the wait list stopped driving cabs long ago. There are scams and cheaters. But overall, the notion that drivers — not cab companies, not investors, not giant conglomerates — have the exclusive right to the valuable permits is a good one, and it needs to be protected.

But there’s some fairly broad language in Prop. A that some, including Kopp (now a retired judge) and the cab drivers union, argue could allow the Board of Supervisors and the Municipal Transportation Agency to abolish Prop. K.

Peskin says that was never the intent of his measure — and when we endorsed Prop. A, we took him at his word. It’s time for him to demonstrate that commitment. It shouldn’t be hard to meet with the United Taxicab Workers and figure out how to frame a trailer bill that would ensure that neither the supervisors nor the MTA can undo Prop. K. If the city attorney agrees that the board has the authority to enact that kind of legislation, Peskin should introduce it as quickly as possible. And if protecting the essence of Prop. K requires another charter amendment, this would be an excellent time for Peskin to start the process for the June 2008 election. 2

Slow down the Laguna project

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EDITORIAL The 440-unit housing development slated for the Laguna Street site of the old UC Berkeley Extension campus is suddenly on the fast track. The Planning Department has calendared a vote on the project for Dec. 20 in what appears to be a desperate effort to get it approved before the end of the year. That may be in the interests of developer A.F. Evans, but it’s not in the interests of San Francisco, and the commissioners should be in no rush to go along.

This isn’t a typical commercial project: the land has been in the public sector for a century and has always been used for public projects. Until the 1950s it was home to San Francisco State University, and it became a UC campus in 1958. Turning public land over for private use should raise alarms anywhere, and in the middle of a dense city, where public land is scarce and affordable housing desperately needed, those alarms ought to be ringing loud and long.

In this case Evans has done a brilliant bit of political maneuvering: the market-rate housing project is paired with an 80-unit development that will be designed as retirement housing for queer seniors. That’s clearly something the city needs, and that aspect of the plan has won widespread support — and helped divert or eliminate opposition to the overall project.

But there are real issues here. For one thing, Evans plans to tear down two historic buildings (while saving three others). That was a compromise the Board of Supervisors accepted in August, but we still find it dubious. We also find dubious the notion that the developer will create public space by reopening a section of Waller Street — a public thoroughfare — that was part of the old campus.

The biggest problem, however, is the lack of affordable housing. Evans is planning to make 20 percent of the units available below market rate — but that’s a fairly small number considering that this is public land. Remember: at that ratio only 16 of the queer retirement apartments will be available to anyone who isn’t wealthy. While we agree that queer seniors of all income levels need this style of housing, which will feature community amenities and on-site services for the aging, 16 lower-cost units hardly seems like enough of a benefit to justify shifting 5.4 acres of public property into a private project. "How can the queer community settle for this, in San Francisco of all places?" queer housing activist Tommi Avicolli Mecca asks. "I think that we can do much better."

Evans is in a rush — and thus the Mayor’s Office and the City Planning Department are in a rush — because the developer’s contract with the university expires if the project isn’t approved by Jan. 1, 2008. Almost everyone involved agrees that the UC and Evans can easily reach terms on an extension, so there’s no real threat here. But it doesn’t matter — that’s not the city’s problem. San Francisco has a responsibility to ensure that big new projects serve the public interest; the developer’s deadline doesn’t trump that.

Sup. Ross Mirkarimi is asking that the affordable-housing component be increased to around 40 percent. That may take a little work: the UC, which wants to make as much money as possible off this, is charging Evans a stiff fee for the land. But with the proper pressure, including pressure on the UC from Assemblymember Mark Leno and state senator Carole Migden, a much higher ratio of low-cost housing ought to be possible.

It’s too early to approve what’s still a bad deal. The planning commissioners should turn it down, and if they don’t, the supervisors should demand more from Evans before allowing the property to go from public to private use. *

Green City: Early puberty’s toxic causes and effects

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› news@sfbg.com

GREEN CITY As if growing up weren’t hard enough, a new report published by San Francisco’s Breast Cancer Fund says girls, particularly African American girls, are hitting puberty earlier — and it’s lasting longer.

Environmental toxins, obesity, and psychological stressors are all cited as possible reasons for the trend in the report written by Ithaca College professor Sandra Steingraber. It was commissioned about a year ago to put together what she calls "pieces of a big jigsaw puzzle."

Steingraber found that many girls now start to develop breasts as early as eight years old — two years earlier than they did a few decades ago. On average, however, girls begin menstruating only a few months earlier than they once did — making puberty a lengthier process.

The consequences of growing up too soon are serious — depression and anxiety, eating disorders, sexual objectification, and early drug and alcohol abuse are just a few.

"As a mother of a nine-year-old girl," Steingraber says, "I was really impressed by the consequences, not just the causes. The world is not a good place for early-maturing girls."

The implications are not just psychological. According to Steingraber’s report, menarche before age 12 raises breast cancer risk by 50 percent.

"The data is pretty ample linking the two," she says. "The earlier a girl gets her breasts, the wider the estrogen window." Longer lifetime exposure to estrogen increases the risk of developing many forms of breast cancer.

Steingraber points to obesity and endocrine-disrupting chemicals (toxins that interfere with the hormonal system) as major factors in the new puberty equation. Phthalates, bisphenol A, and dioxin are a few of the culprits often cited by environmental health advocates as contributors to earlier puberty onset. These chemicals are often found in cosmetics and personal care products like shampoo, hand lotion, and sunscreen. They are also used in pesticides.

Dr. Tracey Woodruff, associate professor of reproductive health and environment at UC San Francisco, says the link has been researched and discussed anecdotally in scientific circles for the past 10 years, with the last major report issued in 1997.

A big obstacle to keeping kids safe, Woodruff says, is that most consumer products are not required to undergo US Food and Drug Administration approval before they are sold to the public, nor are companies required to disclose all ingredients.

"How chemicals are governed is somewhat archaic," Woodruff says.

Environmental health activists agree. In 2002 a national coalition of nonprofit organizations launched the Campaign for Safe Cosmetics, an initiative to educate the public and influence policy. Marisa Walker of the Breast Cancer Fund — a founding member organization — says manufacturers jump through big loopholes in federal law to hide ingredients by claiming that chemicals are trade secrets.

An Environmental Protection Agency–administered program to test new chemicals was created more than a decade ago, but progress has been slow at best. In June the EPA announced it was still seeking comment on a draft list of 73 pesticides to be evaluated under the new screening program. Chemicals in consumer products are not slated for review.

The program has received widespread criticism, and in September the US House Committee on Oversight and Reform issued a letter to the EPA expressing its concern: "EPA’s actions have been a continued failure to protect the American public from these chemicals." The seven-page letter also requests that the EPA take immediate action.

Meanwhile, Woodruff, Steingraber, and many environmental health advocates point to Europe and neighboring Canada as better models of protecting consumer health. Their policies have a heavier emphasis on precaution. Woodruff says prevention can mean the difference between responding to a change in hormone levels and coping with a birth defect.

"At what point is there enough information to take action?" Steingraber asks. "Chemicals are turning up in the urine of some of these girls, and while more research needs to be done, we can’t even do more research until the industry gives us more data. The time of saying, ‘Hmmm, that’s interesting,’ is over. It’s time to take action." *

Civil service bait and switch

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› gwschulz@sfbg.com

Roger Gainey thought he had what it takes to become a supervisor at the San Francisco Juvenile Probation Department.

He certainly met the basic criteria: "May be required to restrain hostile or agitated youth…. Requires ability to work in stressful situations…. Minimum four years of verifiable professional experience as a juvenile probation officer."

Gainey has worked as a probation officer in the department for eight years and received satisfactory performance evaluations from superiors. His big, muscular frame commands attention from people around him, even violent young toughs. But his soft facial features and cool manner seem to convey the thoughtful side necessary to work with directionless teens. "I’ve worked in all of the units," he told the Guardian, "pretty much throughout the whole department."

Most of all, Gainey, an African American, earned the top score on a difficult civil service exam that was offered in March for the first time since Gainey began at the department, beating 24 other applicants gunning for the same promotion.

So why did department managers skip over him and select four other applicants with lower scores on the combined written and oral test?

Alphanso Oliphant, who’s also black, believed he too possessed all of the right qualities to become a supervisor and lead 10 to 12 staffers in this often tense environment. He’s worked as a juvenile probation officer for 21 years and earned the second-highest score.

But he was also passed over for advancement.

Oliphant speaks deliberately, with a soothing voice, his visage distinguished by weary eyes and a slender moustache. He and Gainey wore well-pressed suits and detention center access badges around their necks as we met recently over lunch in West Portal, not far from the department’s central office on Woodside Avenue.

"I’ve had numerous supervisors," Oliphant said. "Not one has ever, ever raised the issue of inability to perform, inability to communicate properly, inability to work with the families. That’s all verifiable."

Gainey’s current assignment involves working with about 40 young people at a Juvenile Probation Department–affiliated school known as the Principal Center Collaborative Campus, where many of the students have drug and alcohol problems and require mental health services.

Oliphant is a court officer responsible for presenting the department’s recommendations for cases appearing on the docket each day — the top task he can perform under his current job classification.

The department first announced the available supervisory positions in January, and three days’ worth of examinations were taken by applicants this spring. But in the week following the test period, a personnel manager for the department named Samuel Kinghorne made an agreement with a union representative from the Operating Engineers Local 3 (who did not return calls seeking comment) to change a long-standing civil service rule reguutf8g how individuals are promoted.

The cornerstone of the city’s civil service system is its merit component. By requiring that applicants for available positions be given exams, the city can ensure that those with the highest qualifications will get the job. The Civil Service Commission here is one of the oldest in the nation, in fact, first formed in 1900 as a response to the entrenched municipal cronyism rampant in cities around the nation, including San Francisco.

For years top scorers on civil service exams were selected for open positions under what’s known as the rule of three. It required managers to promote from among those who earned the highest scores, which surely would have meant new jobs for Oliphant and Gainey.

The rule of three became official city policy in San Francisco nearly 20 years ago, and the concept has existed at the federal level for decades as a way to prevent patronage and favoritism.

At the time the job openings were announced, however, the Juvenile Probation Department was negotiating with Local 3 over an alternative selection process called the rule of the list, which is permitted under city guidelines only if applicants are notified of the change at the time the job openings are announced. The rule change allowed managers — in this case juvenile probation chief William Sifferman — to promote from a much larger group of applicants, including those who had earned lower scores on the exam.

But the change was not agreed on until months later, just after the tests were taken, leading Oliphant and Gainey to believe the department tinkered with the promotion process only after it learned who had made it to the top of the list.

"When a black man is in a position to make that touchdown, the goal line moves," Oliphant said. "The goal line moved here."

Department personnel analyst Barry Biderman, who was involved in the negotiated rule change, says it took months to settle because he was simply having trouble getting in touch with the union. "I had left messages with the union a number of times," he said. "The formal letter just took a while to sign."

Sam Kinghorne, who finalized the change with the union, insisted there was "nothing illegal about that" but mostly refused to comment, pointing to union grievances filed by Oliphant and Gainey. "You guys are barking up the wrong tree," Kinghorne said. "I’m not going to give you a spicy story. But remember that it’s up to the appointing officer to [make the selection]."

That’s true. As long as the rule of the list is in place, the department head can pick whomever he wants for the job from among those who passed the test, narrowly or not. The decision maker was Sifferman, but he called it a "personnel matter" and refused to explain why he selected four people for promotions other than Gainey and Oliphant, including one applicant who scored a 937 to Gainey’s 1060.

"I followed the process as it was described in the job announcements and all of the procedures that were outlined there," Sifferman said.

Carl Bellone, a longtime public administration professor at California State University, East Bay, concedes that the rule of the list may "lend itself to more potential for abuse" than the rule of three.

The trick is finding a balance between a century of civil service rules designed to ensure clean government and the reality that top test scorers may not always be the best candidates. "Ironically, a lot of people wanted to go to the rule of the list for affirmative action reasons," Bellone said. "You can go lower on the list to select a woman or African American."

But the rule of the list can also allow managers and politicians to limit promotions to loyalists who will do their bidding, or exclude those who aren’t afraid to openly criticize an agency’s performance.

"It completely and totally … prostitutes the promotional process," said Gary Delagnes, president of San Francisco Police Officers Association, which has long resisted the rule of the list. "If you give an exam — any exam — and you tell the person that finished number one, ‘We’re not going to give you this promotion, because we don’t think you’re up to the task,’ then what’s the point? You might as well go in alphabetical order."

Regardless of motive, the move by Juvenile Probation Department managers at least looks unseemly, considering Oliphant and Gainey are black (one African American woman was selected; the rest were not black). So each filed a complaint with the federal Equal Employment Opportunity Commission and the San Francisco Civil Service Commission.

The timing of the new selection rule "suggests the change was made solely to give management the ability to exclude certain individuals from promotion and allow other, lower scoring individuals, to [advance]," Gregg Adam, a lawyer for the duo, wrote to civil service officials and the San Francisco Department of Human Resources in August.

The union that agreed to the rule change didn’t even represent Gainey and Oliphant — Local 3’s rank and file are supervisors, the title the men were hoping to attain. Officials at the Human Resources Department looked into the matter but insisted in a report called for by Adam that management had done nothing wrong. The Juvenile Probation Department was unaware of the test results before it changed the promotion policy because its outside consulting firm hadn’t graded them yet, the September report concluded. It also said that the rule of three policy allows for a slightly broader pool of eligibility when more than two positions are vacant.

On the other hand, the report does acknowledge that managers began grading the oral portion of the exams right away. And the list of those who were promoted wasn’t unveiled until August, long after the tests were first administered and all of the scores were in. But "there was no evidence" that the rules were changed in an attempt to discriminate against Gainey and Oliphant, according to the report.

Anita Sanchez, executive officer of the Civil Service Commission, recently finished a probe for her department and told us she believes the Juvenile Probation Department management’s claim that they had no idea who had earned top scores on the test before broadening the list of applicants eligible for promotion.

But Gainey and Oliphant say the experience has soured them on the Juvenile Probation Department.

"A lot of the kids were rooting for me at the [Principal Center Collaborative Campus]…. They were all cheering me on," Gainey said. "Then all of a sudden they found out I didn’t get it. The kids were more hurt than I was." *

Save St. Lukes!

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OPINION For 136 years St. Luke’s Hospital has been a San Francisco landmark, serving the underserved communities in the southern half of the city.

Now St. Luke’s needs San Francisco’s help.

The hospital’s owner, Sutter Health, has embarked on a stealth strategy to close St. Luke’s, shuttering units one by one and gradually shifting personnel to facilities in wealthier neighborhoods — and their more upscale pool of patients.

This process is called medical redlining, or institutional racism, and it’s not just morally wrong — it’s contrary to the values that unite San Francisco.

Latino and African American patients accounted for 54 percent of the 23,000 emergency visits to St. Luke’s in 2005. This compares with only 8 percent at Sutter’s favored California Pacific Medical Center facilities across town. Similarly, 40 percent of hospital patients at St. Luke’s are Latino, versus only 1 percent at the CPMC site. There are 1,300 children born each year at St. Luke’s, most of them to families from the Mission, Bayview–Hunters Point, the Excelsior, and surrounding communities.

If St. Luke’s closes, where will these patients go? What will they do?

Some of them will head to San Francisco General Hospital, which is already struggling with too many patients and uncertain funding.

Sutter says it will treat the rest of these patients at its other facilities — all at least a 30-minute drive or a much longer bus ride away.

In reality, many patients will simply forego medical treatment. A recent study in the Journal of the American Medical Association found that for lower-income patients, "traveling across town to access better resources or health care facilities is often beyond their means."

In this context, Sutter’s latest cuts to the neonatal intensive care and pediatrics units are especially cruel. Since the only private hospital serving the southern half of the city is in danger of closing, many of these families with sick babies and children will not seek or receive the medical attention they need until a crisis arrives.

All this, to improve on Sutter’s 2006 profits of $587 million.

The good news is that it’s not too late to save St. Luke’s.

Sutter’s actions have sparked a community outcry. Registered nurses from the facility went on strike in October and continue to insist that Sutter stop bleeding the hospital dry. Doctors, patients, and public health groups have actively protested and organized against the chain, and the city’s Health Commission is considering its options.

Sup. Sophie Maxwell recently introduced groundbreaking legislation to require a health impact review of all new permits granted to medical facilities. This would force Sutter to present an institutional master plan before moving forward with its proposed facility on Cathedral Hill and to justify this expensive new project in terms of what is best for the citywide public health infrastructure.

On a parallel track, Sup. Ross Mirkarimi is proposing a resolution to give the Board of Supervisors more influence over Sutter’s plans and to direct the city attorney to explore legal options to counter Sutter’s medical redlining.

As the cuts at St. Luke’s continue, patients suffer — and so does the city’s health care safety net. It is time for San Franciscans to join together and save this city icon. *

Zenei Cortez, RN, is a member of the Council of Presidents of the California Nurses Association.

Dammit

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› andrea@altsexcolumn.com

Dear Andrea:

I’m a woman, and my partner is too. We’ve agreed that for now, when we have sex outside our relationship, we’ll have safe(r) sex. Another woman I’m dating is a major squirter, as in I need goggles and a raincoat. Next time we want to use a harness. However, I’m concerned that there’s no safe way; when she comes (and she comes bucketloads), won’t her ejaculate get into me?

I’ve thought about wrapping up with Saran Wrap and making a hole for the dildo, but that still doesn’t seem like it would stop it all. Are there any studies on STDs present in female ejaculate? And even if there are none, how possible is it that her ejaculate will throw off my pH balance (I have a very sensitive system)? Also, some got in my eye. What are the possible risks involved in that?

Love,

Wearing a Raincoat

Dear Coat:

I’ve encountered the goggles-and-a-raincoat type, in close quarters, and ever since have laughed great big belly laughs whenever I see a safer-sex pamphlet or demo showing someone lightly draping a lady’s lady parts with a scrap of latex the size of a playing card (same as the recommended serving of protein in most diet plans) and daintily lapping at it as though normal people have sex without making any sudden movements or producing more than a teaspoon of fluid at a time (and very obedient fluid at that). Not only is this sort of exercise unrealistic, but it doesn’t even look fun. But there it is, having outlived its ’90s heyday, refusing to die.

Some colleagues and I were sharing some similar laughs over the sorts of tricks each of us have had to teach at some point, usually as (or to) college students. There’s the one where you cut up the glove to make a dental dam kind of thing with a teeny protuberance, like an appendix, where the thumb used to be (stick your tongue in there and wiggle it around and try not to feel like you’re involved in some kind of freaky scene with a hobbit-hole full of wee folk). Or the one where you wear a garter belt upside down or backward, using the clips to hold a dam flaccidly in place over the site whence one of your girlfriend’s deluges may be erupting soon. It’s all so absurd, and has been taught so earnestly and for so long. I don’t even think we’re ready to use the past tense here, unfortunately, as I still find those sad little crafts projects all over the Internet whenever I’m out looking for updated, useful STD information. (Check out this hilarious link: www.freepatentsonline.com/20030150463.html.)

All of which brings us to the fact that female ejaculation is still such a hotly debated topic that you can find many denials that it exists, even among supposed experts, and if it may not exist, I doubt it’s been tested for STDs. Personally, I think it’s an unlikely candidate for a disease transmitter, barring any local infections, which would cause it to be carrying a lot of white blood cells. If it were a good way to spread HIV, then the much-trumpeted "imminent" woman-to-woman epidemic of the ’90s would have arrived — and, of course, it never did. This is your health, however, and your promise to your partner that you will not expose yourself to anything (or anything avoidable, anyway). So here are my suggestions: (1) That trick where she gets herself off while squatting directly above you? Don’t do that. (2) Whatever you’re doing, have her warn you before she makes like a human bidet, so you can duck. (3) The cling-film* diaper may work better if you use a female condom (they are lubed with silicone, which is inert and unlikely to mess you up) at the same time, although you will sound like a theaterful of candy-wrapper rustlers and smell and taste like nothing at all, which many people do not consider a reasonable trade-off. (4) There are highly engineered, very expensive latex novelties that you might find useful. And last: (5) Close your eyes and avert your head. Again, I think it extremely unlikely that she could pass anything to you, but eyes are a good enough conduit. Does she have anything? Have you asked her?

Seriously, I don’t think any of this is really necessary, but again, you promised no body fluids, and those are some ways to avoid them. Another approach, of course, would be to declare fem-jack fluid not scary and renegotiate. I would.

Love,

Andrea

* If you’ve never seen or heard Nigella Lawson pronounce the phrase cling film, you won’t know why I insist on saying it even though I’m far more American than apple pie. Check it out.

Andrea is home with the kids and going stir-crazy. Write her a letter! Ask her a question! Send her your tedious e-mail forwards! On second thought, don’t do that. Just ask her a question.

Fetus frenzy

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› culture@sfbg.com

If you live in San Francisco and are in possession of a conventional vagina, you are most likely pregnant. And if you’re not pregnant, you’re either anxious to become so or have just pinched out a baby and are looking toward closing the deal on numbers two and three before you hit 40. If none of the above applies, I, a new mother myself, give you permission to ignore that self-righteous pregnant bitch eyeing your Muni seat and openly admit the following: SF was edgier when it was just a bunch of wayward freaks in crotchless ass pants.

Now, thanks to a surge in results-oriented fucking among the white, heterosexual ruling class, this city has become overrun with decaf-latte-sipping, thousand-dollar-stroller-pushing, CFO–Noe Valley–ish, overly together supermoms who will tear you multiple assholes if you even think about stepping near their two-legged petri dish specimens. One might be tempted to label this phenomenon a baby boom. That assumption, however, is incorrect. What we are witnessing in San Francisco — and everywhere else inhabited by Gen Xers with money — is a parent boom.

In the past, parents were simply identified as people who raised children. That era, which lasted roughly 200,000 years, has ended. Parents now practice the rarified art of parenting. Parents who parent must adopt a specific parenting style — one that’s far more complex than a hairstyle and infinitely more expensive. Parenting requires ongoing investment in sleep and breast-feeding consultants, childproofing contractors, European-designed gear, six-week courses, endless manuals and magazines, and, depending on one’s sacred style, couture bedding and nursery decor that can run well over five grand. This is quite a change of direction for Generation X, to which I belong, whose members were blacking out in Cow Hollow bars and smoking out of two-foot Mission District bongs throughout the ’90s. But my generation’s escapist persona — equal parts political indifference, obsessive consumerism, hedonistic self-absorption, and Diff’rent Strokes references — did not abate or even truly evolve when we threw the birth control in the trash. It only found new life, literally.

We, the latchkey slackers who postponed being parents until our ovaries wept, are acutely aware that whatever decisions we make regarding our children are direct reflections of ourselves. It is therefore imperative to properly accessorize one’s child; only by doing so can one ensure the child is a better accessory. The right stroller, carrier, preschool waiting list, parenting philosophy, and even diaper — all denote much more than any sensible person would care to know.

THE BABY GAP


Oh, wait. I forgot to mention the babies: it appears there are many of them. Commercial sidewalks in Noe Valley, Cole Valley, Hayes Valley, and beyond buzz with kitten-eyed freshies sucking the rubberized life out of pacifiers, frazzled mommies in yoga pants and camel toes pushing behemoth, double-wide prams, nannies chatting on cell phones while small barbarians stick organic Cheerios up their noses. Top preschools are waitlisted for several years. Babysitters are harder to find than a pimple on a newborn’s butt. Is it good for San Francisco’s soul that kiddie boutiques outnumber bondage shops and Polk Street glory holes? It’s an epidemic, cry my nonparent friends, some of whom have been accosted by pompous moms and dads for accidentally bumping into strollers or smoking on the street. Ever think of denying an All-Important Holy Mother with Child your seat on the 1 California? Want to be knifed by a stay-at-home mom from precious Laurel Heights?

Funny thing is, the evidence of a baby boom is largely anecdotal. Statistics paint a very different picture. A disturbing March 2006 report by Coleman Advocates for Children and Youth, "Families Struggle to Stay: Why Families Are Leaving San Francisco and What Can Be Done," reveals that we have the lowest child population of any American city. And of San Francisco’s 100,000 children, most reside in the city’s poorest districts — including traditionally working-class neighborhoods that are becoming increasingly chic. Coleman Advocates also estimates that 39,000 families with children are in need of affordable housing.

"The issue is not if there is a baby boom trend in San Francisco," Coleman Advocates’ Ingrid Gonzales e-mailed me. "The real issue is whether these [lower-income] families stay or are eventually pushed out of San Francisco because of a lack of affordable family housing or access to a quality public school education. Stats show that families leave when their children reach kindergarten age. Coleman Advocates and our families say that this is not OK — families should have a right to stay in the city they call home."

Somehow I doubt the parents buying the $1,890 Cabine infant dresser at Giggle on Chestnut Street are too worried about making rent. In fact, a May article in the New York Times reports that San Francisco is second only to Manhattan in toddlers born to wealthy white families, defined as those that pull in an average of $150,763 per year. And consider this Coleman Advocates finding: there was a 45 percent drop in the number of black families with children in San Francisco from 1990 to 2000, while around the same time 90 percent of the people moving into the city did not have children and — surprise, surprise — were mostly rich and white. This development pretty much paralleled the period of the dot-com boom. At the risk of making light of an alarming situation, is it safe to posit that the dot-com bust inspired semiemployed white professionals to buy a lot of lube?

CLASH OF THE CODDLERS


So what creates this illusion of a baby boom? Probably an uptick in showy, hyperactive parenting. Weekends at Children’s Playground in Golden Gate Park provide insight into the phenomenon. There parents can be found earnestly — one might even say aggressively — parenting. They really put their all into it ("it" being what our parents haphazardly did with us) as they push their bewildered offspring in swings, making sure to "Wheee!" with more enthusiasm than a redneck at a NASCAR rally — an apt metaphor, because this brand of parenting is a competitive sport. "How old is she? Is she standing on her own? Can she walk yet? Does she speak French, and can she crap in the can?" someone always wants to know, hungrily eyeing your baby as if she were a delicious wild Alaskan king salmon fillet.

But blessed be, developmental superiority is not the only way to make other parents feel like shit. Fleets of luxury Dutch strollers are parked around the playground’s grassy knolls, each exceeding my share of rent by $300. I’ve seen nannies pull toys from Coach and Louis Vuitton diaper bags, kids scale the jungle gym dressed in Little Marc coats, white babies in $40 organic cotton T-shirts emblazoned with a grossly ironic image of a black woman’s face.

This excess of money breeds paranoia. Even on the warmest days, Caitlin-Courtney-Penelope-Emily-Aurelia-Shiloh-Mackenzie can be observed crawling in the playground’s cool sand, fully dressed in the very best of Zutano’s and Petit Bateau’s wide-brim hats, thick socks and booties, long-sleeve shirts, and pants in order to prevent the wretched elements, formerly known as blue sky and sunshine, from attacking the child’s not-so-invisible bubble. And rest assured, many of the playground’s nannies — almost entirely middle-aged mothers and grandmothers of color — have been fingerprinted and subjected to invasive criminal background checks. Long gone are the days when parents hired any ol’ teenage stoner to watch their kids.

LAVISH AND LACK


I feel embarrassed to be here, I often think. Because I know I’m part of the problem. I didn’t come to San Francisco for the money — I was born here and spent most of my childhood in that new epicenter of ultraparenting, Noe Valley — and I don’t have a nursery, a full-size kitchen, or even a hallway in my shared one-bedroom Sunset apartment. (This is not a "poor me" moment; my lifestyle is a choice.) But I did spend $300 on a labor and newborn preparation course, during which I suffered video after video of goopy babies cannonballing forth from untamed bush. I paid a woman $200 to teach me how to breast-feed and another $50 to join a local e-mail list through which upper-crust women seek help in finding dinner party entertainment for hire and live-in au pairs. I can cite Halle Berry’s prenatal test results but no statistics from the war in Iraq. I have secretly chuckled at ugly babies. I have wanted to know if your baby can stand alone yet and why she’s so much smaller than mine. I’ve purchased nearly 20 books on pregnancy, breast-feeding, natural birth, cosleeping, infant health, starting solids, potty training, how to stay hot, and how to fix my gut.

Pediatric records indicate I was not reared by wild dogs, yet I can’t figure out how to assume the most primal of all roles — motherhood — without hitting the ATM.

In her 2007 manifesto against the $20 billion baby-to-toddler industry and the disastrous effects it has on our children, Buy, Buy Baby (Houghton Mifflin) author Susan Gregory Thomas credits Gen X’s overspending and unhealthy micromanaging to the way in which we, the products of broken homes and TVs as babysitters, were raised: "The commercialization and neglect of young people results not only in fears of abandonment and bank-breaking shopping habits in adulthood to fill the void but also in a deep, neurotic sense of attachment to, and protection of, one’s own children and home."

Gregory Thomas’s assessment strikes me as painfully true and spurs the question: what kind of people will our babies become? Will they, as older children and adults, invariably expect and demand the best, no matter the appropriateness of the circumstance? Will they be terrified of public schools and public transportation and — worse — people with a different color skin? How will they ever travel abroad, and will they condescend to people who have less? Surely the parents who buy their baby the $1,700 Moderne crib intend only to give their child the finest they can offer. Every child is worthy of that grand intention. Yet, as my friend and mother-mentor Billee Sharp pointed out, the more extravagant the gifts, the harder the parents must work to provide them, resulting in less time spent with their kids. Lavishness, in this sense, becomes empty compensation for a shortage of available love.

IT TAKES AN INTERNET?


Being a new parent is much harder than it seems. If we’re overcompensating, it’s largely because we don’t know what else to do. If it takes a village to raise a child, what happens when all you have is DSL? During my pregnancy and the first three months of my daughter’s life, my husband and I lived in relative isolation in Brooklyn, away from family and a network of close friends that could offer knowledge and day-to-day help. The books, the classes, and the breast-feeding consultant filled the gaps that real support would have provided. (I certainly had two boobs but no idea where to put them: In the baby’s mouth? Are you serious?) In the absence of genuine community, we follow the only guidelines available to us and do the best we can manage. While nothing is less appealing to me than having to be someone’s friend simply because we both piss our pants when we sneeze, artificially constructed social networks like mommy groups, daddy groups, play groups, and Yahoo e-mail groups fulfill a real need for disconnected urbanites whose families typically reside thousands of miles away.

Learning to be a parent without geographic and strong emotional links to our families, then, becomes a complicated process of untangling the skein of too much information. From the moment a woman discovers she is pregnant, she and her partner are encouraged to believe they are totally, utterly retarded when it comes to being parents. The reality-TV experts, the how-to books, the product-driven Web sites and magazines cater to a deep, unrelenting distrust of ourselves, and they have the tragic effect of obliterating whatever parenting intuition and knowledge that we, as living creatures, already have in our DNA.

My path to reclaiming motherhood began with an injured wrist. Everything I had read warned that I would roll over my child and kill her if we slept together in one bed. To prevent this tragedy, my husband and I bought a sleigh bed attachment for our bed that kept me at least a foot away from my child. Each night that I listened to her breathe without being able hold her brought an agony so intense that I became profoundly depressed. I was desperate to pull her close to my body, like every mammal mother does, like our ancestors did long before they stopped growing pubic hair on their backs. In my longing to be nearer to my child, I contorted my left wrist under my head as I slept, perhaps to stop my murderous hands from accidentally touching the person I love most. With my wrist in a splint and steroid shots in my hand, I sobbed to my mother over the phone, "I can sleep with my cats, but why not with my own child?"

The night I brought my daughter into bed marked the beginning of my departure from the fear-and-product-based mommy mainstream. Within weeks a friend turned me on to the instinctive-parenting ideas put forth in Jean Liedloff’s The Continuum Concept (Addison Wesley, 1986), a fascinating book that details the author’s travels to Venezuela, where she studied the parenting methods of the indigenous Yequana Indians, who, remarkably, have never considered shopping for child-rearing clues on Babycenter.com. Admittedly, my and my husband’s current touchy-feely, indigenous-inspired style is a little fringe lunatic, and, as Gregory Thomas might suggest, it’s probably no coincidence that we both come from broken homes. But life-changing insights that require no investment in stylish baby gear are available to us. We only have to be willing to look.

BEYOND THE BUBBLE


One of the most affecting messages I have received about the depth of real parental love came to me in the form of a damp newspaper abandoned on the subway in New York City. Elizabeth Fitzsimons’s essay "My First Lesson in Motherhood," published in the New York Times Modern Love section this Mother’s Day, chronicles the journalist’s trip to China, where she and her husband picked up their adopted infant daughter, who, it turned out, had debilitating health defects. Fitzsimons was warned that her daughter might have Down’s syndrome, might never walk, and will likely be tethered to a colostomy bag for the rest of her life. "I knew this was my test," Fitzsimons writes, "my life’s worth distilled into a moment. I was shaking my head ‘No’ before [the doctors] finished explaining. We didn’t want another baby, I told them. We wanted our baby, the one sleeping right over there. ‘She’s our daughter,’ I said. ‘We love her.’ "

Fitzsimons’s fierce, truly unconditional love for a child she did not create becomes even more striking when contextualized in these fertility and pregnancy-obsessed times. We all want our children to be healthy, to outlive us, to be content, and to exist in a safe, peaceful world. These desires are pretty basic. Clearly, though, there’s a worrisome glitch in the parent boom trend: it has nothing to do with the well-being of children who are biologically not ours. This newfound love for babies is entirely insular, concerned only with one’s genetic family, one’s own perfect, beautiful, well-fed, well-dressed child. Look inside a pregnancy or parenting magazine and you will find that most lack any semblance of social perspective as they offer tired takes on recycled, useless information: "How to lose the baby weight in three days!" "Ten tips for getting back the magic in the bed!"

But the truth is that while middle-class women squabble about whether to breast-feed or bottle-feed, 39,000 families with children in this city are in dire need of affordable homes. For every day we bicker over stay-at-home moms versus mothers who work full-time, four children in this country will die from abuse or neglect, and eight more will be killed at the hand of someone operating a gun, according to Children’s Defense Fund statistics.

The self-centeredness of Gen X parents manifests as blindness to these sad realities, and here I indict myself again. Why do I only act on behalf of my child when I have the means to do something that could help other, less fortunate children? Maybe the answer is too painful to consider. Maybe I’d rather shop for a new sling instead. *

Behind the Bey empire

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Editor’s Note: The Chauncey Bailey Project, a collaboration of local media outlets including the Guardian, is investigating the circumstances surrounding the Aug. 2 murder of Bailey, an Oakland journalist who was reporting on the financial dealings of the Bey family’s Your Black Muslim Bakery at the time he was killed. For more information, including audio, video, and updates on the case, click here.

Since 2003, Esperanza Johnson, a former key figure within Oakland’s Bey organization, and her husband, Antron Thurman, have acquired nearly $2 million worth of East Bay real estate through a string of controversial deals tainted with allegations of deceit.

In five cases those deals led to litigation. Johnson, of Antioch, who also goes by the name Noor Jehan Bey, has twice been accused of fraud. Court records indicate that one of those transactions involved falsified documents.

One sale involving Johnson, a licensed real estate broker, led to criminal charges: Alameda County prosecutors in 2006 convicted a Johnson associate on fraud charges stemming from a deal that cost an East Oakland couple their home.

A broad array of characters have tangled with Johnson and Thurman in court, including a disabled Berkeley bus porter forced from his family home, an Antioch couple now facing foreclosure, and East Bay Habitat for Humanity, a nonprofit organization that builds homes for the poor and struggling. Combined, they claim to have lost at least $1.77 million in property, cash and equity in the deals.

The revelations about Johnson and Thurman come as authorities scrutinize the extensive real estate dealings of the Bey family and their bankrupt business, Your Black Muslim Bakery, including Johnson’s role as the broker for an Oakland woman named Paulette Arbuckle who is attempting to buy the bakery’s San Pablo Avenue headquarters. Johnson bore four of the Bey family patriarch’s dozens of children.

Bakery CEO Yusuf Ali Bey IV, 21, jailed without bail on kidnapping and torture charges, also is charged with real estate fraud: prosecutors say he bought an Oakland property under a false identity.

And bankruptcy trustee Tevis Thompson, who is overseeing the liquidation of Your Black Muslim Bakery’s assets, has claimed in court papers that Bey IV transferred $2.28 million in bakery properties to his mother, Daulet Bey, in a bid to “defraud creditors.” The trustee has sued for those properties’ return.

Devaughndre Broussard, a 20-year-old bakery associate, is charged with the Aug. 2 shotgun slaying of Oakland Post Editor Chauncey Bailey as he walked to work in downtown Oakland. Police say Broussard made a confession – later recanted – that he killed Bailey because the journalist was working on a story about the bakery’s finances and bankruptcy case.

Johnson, whose state business registration was suspended more than a year ago for failure to pay taxes and who with Thurman has more than $1 million in state and federal tax liens recorded against them, didn’t return numerous telephone calls and emails, and didn’t answer the gate at her Antioch home on two recent occasions.

Thurman refused to speak to reporters who approached him recently in Oakland.

A Los Angeles real estate consultant who reviewed Johnson’s transactions for the Chauncey Bailey Project said the trustee and judge handling the bakery’s bankruptcy should examine Johnson’s record.

They “should be made aware that a realtor on a transaction which requires the trustee’s approval has a murky… background,” said Eric Forster.

The attorney for the court appointed bankruptcy trustee charged with liquidating the bakery said Johnson’s transaction history would be probed.

“Obviously it is of some concern to us and we’re looking into it,” Eric Nyberg, attorney for trustee Tevis Thompson, said when informed of the cases.

He also noted that Arbuckle may not, in the end, be the highest bidder for the bakery. A hearing on her offer is scheduled for Nov. 29. If the $899,999 bid of Johnson’s client, Arbuckle, is successful and Johnson is “entitled to receive the commission, then we really don’t have an issue with it,” Nyberg said.

A spokesperson for the state Department of Real Estate, Tom Pool, wouldn’t discuss the Johnson and Thurman transactions.

Machado

Markus Machado and Gail Mateo said that when they wanted to buy a newer and bigger home in 2005, they went to a real estate broker they thought they could trust: Esperanza Johnson.

A Compton native, Johnson became involved with the Bey organization, a spin-off of the Nation of Islam, at the age of 12, taking the name Noor Jehan Bey.

She’s returned to using the name Esperanza Johnson, though she’s been listed in judgments against her by banks and credit-card companies as Nellie Bey, Nuri Bey, Noojean Bey and Noor Jehan Esperanza, a review of records by the Chauncey Bailey Project shows. And, in 2005 testimony, she said she still occasionally uses the name Noor Jehan Bey.

Johnson had hired Machado, a graphic artist, to create flyers for her Signature One Mortgage and Real Estate.

In a recent interview at his lawyer’s office, Machado described her as warm and gregarious – at first, anyway. Machado said Johnson arranged what seemed like an incredible deal: the couple could sell their 50-year-old Pittsburg house and move into a spacious four-bedroom home in a verdant Antioch subdivision, an ideal place to raise their three children and grow old together.

Johnson promised they’d pay about $1,600 a month for the new home, only a little more than their mortgage at the time. Machado said Johnson even agreed to forgo her usual commissions “because we were like family.”

They said Johnson had told them their credit was poor, and talked them into selling their Pittsburg house to one of her employees, Araceli Moreno, for $350,000 while putting the new home and mortgage in Moreno’s name as well. They expected to refinance the loan in about a year, when Moreno would sign the house over to them.

It seemed perfect – until the bills arrived.

The payments were $2,700 a month and soon ballooned higher, they now say in court records. And then Johnson – who in sealing the deal had diverted almost $58,000 of equity from their old home to others, and had won large commissions for herself by getting them an unfavorable mortgage – stopped taking their calls, Machado said as his wife sat next to him weeping.

The couple had trouble making the payments almost immediately and Moreno began receiving calls from the mortgage company. She sued Machado and Mateo last year.

“The point of (Moreno’s) lawsuit was to get them to refinance to get my client’s name off the loan and for her to go ahead and salvage what of her credit picture she could,” said Moreno’s attorney, Richard G. Hyppa of Tracy.

The couple counter-sued in November 2006, naming Moreno and Johnson as defendants, claiming that Johnson defrauded them. They are now months behind on the payments and stressed to exhaustion.

“I don’t sleep. Gail doesn’t sleep,” Machado said. “I was very naive. We were led down this primrose path because I trusted (Johnson) implicitly.”

After paying off what they owed on the Pittsburg house, about $190,000 was left over that should have been used for the down payment on the Antioch house. But the suit alleges that Moreno used only $77,973 toward the down payment.

Meanwhile, court records say Johnson arranged for another $10,000 to be paid out to Moreno, and for someone named Harry Hawkins to get $45,830 as “repayment of loans.” Machado’s lawyer, Ken Koenen, said attempts to locate Hawkins have been fruitless.

The suit also claims Johnson structured the Antioch mortgage so monthly payments would increase dramatically after a year, and so Machado and Mateo would have to pay an $18,000 penalty in order to refinance – thereby earning her a much larger commission.

Machado and Mateo now are several months in arrears on the mortgage in Moreno’s name. Default notices have arrived at the house.

“It’s an extremely painful thing,” Machado said. “We have been robbed of our peace of mind. We have to make decisions about whether to put food in the refrigerator or gas in the car. We’ve not even sure we’re going to have a place to live.”

Johnson hasn’t responded to the couple’s lawsuit and will likely be subject to a default judgment, Koenen said.

Chicago D&P
Johnson and Thurman in 2004 acquired a Hercules home after a federal judge had ordered it frozen as an asset of an investment company, Chicago D&P, that the U.S. Securities and Exchange Commission had accused of fraud.
The property was supposed to be sold to help pay back investors – reportedly including at least 30 active-duty Marines and several churches – which had been cheated out of millions through Chicago D&P’s pyramid schemes.
The daughter of the company’s president had bought the property years earlier using a straw purchaser – a friend with better credit – as a front, according to court records.
That friend had been trying to get her name off the title for some time, and the daughter’s attorney – Githaiga Ramsey, who also worked for Thurman and Johnson on another case – persuaded her to sign the house over to them. Records shows Ramsey offered the friend $20,500 to complete the transaction but that the payment was never made.
The transfer of the house occurred after U.S. District Court Judge Charles Breyer ordered the property frozen. Thurman then turned around and sold it a month later to one of the employees of his bail bond business, Jamie Bonilla, for $460,000. Johnson filed Bonilla’s loan application.
Most of that money appears to have eventually gone to pay mortgages against the property when Thurman and Johnson acquired it for free. But first, Thurman received $60,213 from the deal’s escrow; and Ramsey got $31,000.
It remains unclear who lived in the house after Bonilla bought it.
Stephen Anderson, the receiver representing Chicago D&P’s bilked investors, wrote in April 2005 that he believed Johnson’s daughter, Nisa Bey, had lived there.
Other documents show Madeeah Bey – another mother to several of patriarch Yusuf Bey’s children – used it as her mailing address in two December 2004 real estate deals.
It’s also unclear whether Thurman and Johnson knew of the court order freezing the house when they took possession of it. But in February 2005 Breyer held Ramsey in contempt of court for defying his order.
Ramsey and Thurman both repaid the money they received from the escrow when Thurman sold the house to Bonilla.
Bonilla, within a few months, then sold the house for $625,000 – a profit of $211,690 from a property that the receiver had originally wanted to sell to help repay the defrauded investors.
Anderson said a long legal battle to regain title to the house would’ve been too costly.
“We made an economic decision,” he said. “The objective of the receiver is to return as much money as possible back to the investors, and it was not difficult to determine we were going to get more money” by taking the $91,000 from Thurman and Ramsey than by “trying to unscramble that whole mess.”
Ramsey, who surrendered his law license while facing disciplinary charges from an unrelated case, wouldn’t discuss this case or others in which he was involved with Johnson and Thurman.
“My God, am I never going to get away from this?” he said. “I’m not involved and I don’t want to be. I’m not in contact with these people anymore.”
Bonilla could not be located.
Habitat for Humanity house
Antron Thurman married a woman named Sharon Clements in December 1987. Records show they separated seven months later and eventually filed for a divorce that was never made final.

In early 2000, Clements, as a single mother, moved into a home on 105th Avenue in Oakland built by the low-income housing nonprofit East Bay Habitat for Humanity. It gave Clements a no-interest $112,000 loan with no down payment.

Clements died in April 2003, leaving no will. Usually either there’s a clear legal inheritance, or else the nonprofit passes the deed to someone qualified for low-income aid, executive director Janice Jensen said. But Clements’ son was still a minor.

Clements’ home stood vacant for three years while her estate was sorted out in Alameda County Probate Court.

Then, in mid-2006, Thurman argued he was entitled to the low-income property as Clements’ surviving spouse, records show – even as he listed his address as Johnson’s Antioch home, and other records showed that in the previous few years he had bought and sold in excess of $1 million in East Bay real estate.

“Frankly, I didn’t even know about Mr. Thurman,” Habitat’s Jensen said. “I had no idea who he was or that he even existed until the attorneys got involved. When we looked at the deed, she was the only signature, so she bought that home herself.”

Still, Alameda County Superior Court Judge Marshall L. Whitley awarded Thurman the house, which had restrictions in place to preserve its affordability for low income people.

Thurman then sold it back to Habitat for Humanity for the $13,500 in equity that had accrued during the three years Clements owned it.

Alana Conner, an attorney for Thurman at the time, said she couldn’t independently recall details of the case and declined to discuss it.

Stewart

Mitzie Peters befriended Brandy Stewart in 2001, studying the Bible with her eventual victim, court records say.

Peters persuaded the cash-strapped AC Transit bus driver to deed the home at 1565 77th Ave. – which Stewart had inherited from her mother, and in which she, her husband and her three children lived – into Peters name and use Peters’ credit to get an equity loan. Peters promised to return the deed after a few days, keeping $12,000 from the loan as a fee.

“She said that because she loved me so much, she would never, ever think about doing this for anyone else, but she would help me to get the house refinanced,” Stewart would later testify.

Stewart deeded the house to Peters on March 11, 2003. But rather than sticking to the deal, Peters drained the property of all equity and gave nothing to Stewart, court records show.

Peters couldn’t have conducted the transaction without Johnson and her family.

As Peters’ broker, Johnson submitted a series of loan applications reporting Peters’ income as increasingly higher until the bank accepted the deal; she also allegedly coached Stewart in writing to the title company and falsely claiming Peters was her cousin.

Johnson’s sister, Ruquayya Jasmine Pennix, prepared Peters’ tax returns to send to the loan company, showing self-employment income that Peters later admitted was bogus; it’s unclear if Pennix knew that at the time.

Another of Johnson’s sisters – Fatima Ismail, who worked in Johnson’s office – drew up a phony lease showing Peters had derived rental income from Stewart’s house, according to court records.

Three months after she took title to Stewart’s house, Peters sold it to one of Johnson’s sons, Amir Bey. Under oath, Amir Bey later admitted he was just a straw buyer for his mother.

When arrested and charged with unrelated public benefits fraud, perjury and grand theft in July 2004, Peters made bail with Thurman’s Sinbad’s Bail Bonds.

As investigators also began probing her real estate activities, Peters gifted her Hayward condo to Johnson’s daughter, Nisa Bey, who sold it a month later for about $400,000.

Peters then lived with Nisa Bey in Pittsburg until going to prison. Because her bail had been secured with the condo, Thurman later asked a judge to exonerate the bail and return more than $50,000 – to Nisa Bey.

The Alameda County District Attorney’s office interviewed Johnson, Thurman, and their attorney, Githaiga Ramsey – who had represented Peters until just two months earlier, and who had just arranged the Chicago D&P deal for them – in September 2004.

“Johnson seemed evasive when questioned about irregularities in the loan and application process,” inspector Paul Wallace wrote in court papers.

But Johnson wasn’t charged.

“We didn’t think we could prove the case against her beyond a reasonable doubt,” Deputy District Attorney Alyce Sandbach said. “We didn’t have enough to make her on a case of fraud… of having made knowing misrepresentations.”

Among additional charges filed against Peters in November 2004 was a felony grand-theft count for equity and title to the Stewarts’ home; she pleaded no contest to that and 15 other, unrelated counts a year later, and was sentenced in February 2006.

The Stewarts got the $50,374.10 bail money Thurman had tried to direct to Nisa Bey. A judge in January ordered Peters to pay $486,083.90 in the Stewarts’ civil lawsuit, but they haven’t seen a dime, their lawyers say.

Amir Bey and Johnson tried to evict the Stewarts, court documents show, but backed off when the couple obtained free legal help.

The Stewarts then sued Johnson, Peters and Amir Bey; Johnson eventually offered to deed the house back to Stewart, but with the equity drained, the Stewarts couldn’t afford the higher mortgage payments.

A judge in September 2006 ordered Johnson and Amir Bey to pay the Stewarts $100,000 – $20,000 up front and $1,667 per month for 48 months.

Rebecca Saelao, the Stewarts’ attorney, said this civil judgment became a lien on the house, and was subordinated to massive mortgages Johnson and Amir Bey had taken on the property and eventually defaulted on. The house was sold at auction last year for $80,900, public records show.

The Stewarts got only about $5,000 from the sale of the home they’d lost. They no longer live in the Bay Area, and couldn’t be reached for comment.

Taylor

Wrapped in a thin, sea-green blanket, Donald Taylor lay in a narrow bed at a Stockton nursing home recently, his frail 61-year-old body ravaged by diabetes and hypertension. His wheelchair was parked at his bedside, a walker he wants to learn to use, a few feet away.

Taylor is broke and relies on Medi-Cal, the state insurance program for the indigent, to bankroll his care and board at the Elm Haven Care Center.

His room is dingy and, fluorescent-lit with peeling blue wallpaper and a television, foil wrapped around its rabbit-ear antennae, issuing forth static-filled sound. He spends his days “just doing nothing.”

He said he wonders what his life might be like now if he never encountered Antron Thurman. “I think about it quite often, but there’s nothing I can do… I think about how they took the house from me,” Taylor said haltingly in a soft, gravelly voice that contained little emotion.

In the 1950s Taylor’s parents bought a cozy two-bedroom home on a tree-shaded street in north Berkeley. He grew up there and lived there still as an adult, while working as a bus-station porter. When his parents died, he and his sister, Loretta Alexander, inherited the house; the mortgage was paid off.

In early 2001, according to interviews and court documents, stepbrother Frederick Myers Jr., approached the siblings with a plan: He would help them form a company to manage the house and another property they had inherited, an undeveloped Lake County parcel.

Myers asked them to transfer the two deeds to the new corporation, which he would helm for them. Taylor said he agreed at his sister’s urging, believing the three of them could profit from development of the Lake County parcel.

But Myers suddenly sold the Berkeley house to Thurman, pocketed hundreds of thousands of dollars and disappeared, court documents say, catching Taylor and Alexander completely off guard.

“I felt I had been cheated,” Taylor said, adding that he believes Thurman and Myers worked in concert. “Fred Jr. took the house and sold it to (Thurman) and it’s been downhill ever since. He sold it out from underneath us.”

Myers could not be located. Thurman, asked if he remembered Taylor, refused to answer as he climbed into a Cadillac Escalade outside a home in the Oakland hills.

Alexander’s son, Tony Cole, expressed disgust at the way his mother and uncle were played. “That property slipped right out from underneath them,” he said in a phone interview. “They didn’t have the business sense to know what was going on.”

Taylor and Alexander in 2004 sued to reclaim the house. Myers never appeared in court, but Thurman – represented by Githaiga Ramsey – responded by filing his own suit, claiming he had legitimately bought the property for $374,388 and demanding that Taylor pay $1,500 in monthly rent or get out.

Taylor and Alexander eventually settled the case for $55,000; it took Thurman 10 months to pay them, court records indicate. Taylor’s attorney, Frederic Harvey, refused to discuss the case.

The two-story, beige stucco house with a large garage has steadily appreciated in value. Public records show Thurman sold it in 2004 to Madeeah Bey – the same relative who used the Chicago D&P house in Hercules as her address – for $520,000; she sold it for $850,000 less than a year later. The house is now assessed at $867,000.

Alexander died last year. Taylor lost most of his possessions including photos of his mother when he left the property.

“I’d like to tell him to go (screw) himself,” Taylor said of Thurman, his legs twitching quietly under the blanket.

University of California Berkeley Graduate School of Journalism students Lisa Pickoff-White, Robert Lewis, Nick Kusnetz, Vianna Risa Davila, Marnette Federis and Lucie Schwartz contributed to this story.

Thomas Peele and Josh Richman are staff writers for the Bay Area News Group; A.C. Thompson is a free-lance reporter working for New America Media and Bay Area News Group-East Bay; Bob Butler is a freelance reporter and president of the Bay Area Black Journalists Association.

Ape-man

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› andrea@altsexcolumn.com

Dear Andrea:

I just read your question in the Slate article (www.slate.com/id/2174411) that asks sex columnists what puzzles them. For you, it was, in short, "Why homophobia?"

I’m convinced that boys learn it from their peers. Once a person is labeled gay, that person is marked for ostracism. A boy who comes to the defense of a gay boy pretty much guarantees that he’ll be lumped in with the gay boy, so a powerful taboo is set up. If he joins in the ostracism, he’ll be rewarded with membership in the brotherhood of dudes.

I’m sure I’m just touching on the situation here, and it’s sort of a chicken-and-egg solution, because who taught the meanies homophobia in the first place? And finally, I’m from Hawaii, where folks are a tad more tolerant of gays. It’s not a Shangri-la of acceptance, but Hawaiian culture is more inclusive than mainland American culture. So I guess I can end with another question: why are some cultures more homophobia prone than others?

Love,

Island Reader

Dear Island:

Yes, I was asked come up with something that I just don’t get, and I picked homophobia, or rather, the kind of semidispassionate, delayed-gratification, frighteningly organized sort of homophobia that results in anti–gay marriage legislation, not the kind that results in broken heads. The latter I can understand, sort of. The people who break heads — with their inarticulate, reflexive need to Hulk Smash! whenever they feel their shoddily constructed senses of self crumbling at the margins — are not the people who coolly invent laws to ruin other people’s lives from a distance. Those are the ones whose motivations fail to connect with me, so every time I try explaining them to myself (they sincerely believe their gay neighbors are breaking God’s laws and must be punished; they feel very strongly that only heterosexual marriage can protect Western society from the barbarians at the gates; they want to save Ellen and Portia from sin; etc.), the brief, bright light of understanding flickers out, and I find myself wondering why those people will not go away and leave the rest of us alone.

It’s not that I’m entirely at sea as to where homophobia comes from or why people feel it. I believe quite strongly that we are wired to be exquisitely sensitive to sameness and difference and that once upon a time recognizing one’s own was a vital survival strategy on the Serengeti, as anything strange was far more likely to be foe than friend. I also believe that humans evolved with an extraordinary gift for pattern recognition and an accompanying discomfort around things, especially people, that fail to categorize neatly. Just ask any transgender person or any parent who has been subjected to the surprisingly aggressive grilling that old biddies on the street feel entitled to initiate: "Are you sure she’s a girl?" "Yes, quite." "Then why is she wearing a blue hat?" People are extremely invested in knowing who’s a what and who isn’t. This maintains order, and we are order-loving animals. Obviously how order loving varies: compare, if you will, the behavior of Israelis attempting to board a bus with that of the Swiss — those kinds of small variations probably account for the slightly less homophobic milieu of your island home, if in fact you’re not imagining it.

We know these things about our primitive behaviors, and we know that, like violent sexual jealousy and rape as a reproductive strategy — among many other unattractive behaviors from our prehistory — they’re no longer adaptive. We are now forced to live crammed into the same cage with others of all sorts, with the cheering side benefits of cultural liveliness and hybridity, but our inner ape-man will take a while longer to be bred away, if he ever goes at all. I sincerely hope that we are not someday living in off-Earth colonies, all evolved and beige and Starfleety, and still occasionally passing laws against the one group (besides fat people) it’s still OK to subject to state-sponsored discrimination.

Now check this out: back at Slate, where I went to catch up on the Human Nature column, there was this very appetizing column fodder: "Genetic brain manipulation can change sexual orientation in worms." Seriously! Of course, they were worms, and our concept of "sexual interest" can be applied to them tenuously at best, but it does seem to imply that, at least for worms, the capability to "think" like a male worm is present from the beginning, awaiting only the kiss of a genetic engineer to awaken it. Not conclusive, certainly, but hella intriguing. The story is here: www.eurekalert.org/pub_releases/2007-10/uou-sas101707.php.

Love,

Andrea

Andrea is home with the kids and going stir-crazy. Write her a letter! Ask her a question! Send her your tedious e-mail forwards! On second thought, don’t do that. Just ask her a question.

Why I voted for Josh Wolf

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› annalee@techsploitation.com

TECHSPLOITATION Last week’s mayoral election in my hometown of San Francisco was one of those weird moments that make you think you’re living in a Philip K. Dick novel, looking at hundreds of alternate futures peeling away from the present like little slivers of psychosis. It was a dismal election, in which the incumbent, conservative–for–San Francisco Gavin Newsom, was the only candidate who had any hope of winning. He was practically unopposed, but there was, technically, a cornucopia of candidates, spanning the gamut from qualified but unpopular to completely unqualified and silly, who were on the ballot running against him.

Things being what they are, the silly candidates got the most attention (albeit not most of the votes). Some guy named Chicken, known mostly for his participation in the art festival Burning Man, ran on a campaign pushing people to vote for him as their second choice, since San Francisco has ranked-choice voting. He definitely had great posters, given his connection to the arts community, but not much of a platform. Then there was the sex club owner Michael Powers, who ran on a platform I never quite understood. Powers does have one of the nicest sex clubs I’ve ever seen, called (appropriately enough) the Power Exchange, and I wondered briefly if that might qualify him to run the city. But in the end, he got the fewest votes. And Chicken did not come in anywhere near second.

As I said, there were a few candidates, like Quintin Mecke, with relevant experience, but none had big enough constituencies to pull off a win. So when it came time to fill in my ballot, I voted for a guy who isn’t a joke and has the kinds of political experience that might get him elected in 2035: Josh Wolf.

Media geeks may remember Wolf as the blogger who was sent to prison for refusing to identify for the police some protesters in video he posted of a political demonstration that turned violent. After he got out of prison he went on the Colbert Report, where he came across as well intentioned and with a burning passion for free speech. In the mayoral race, he ran on a platform that emphasized open democratic processes and a good wi-fi plan for the city. Nobody in his campaign thought he would win, and indeed he only garnered about 1,500 votes. But that’s saying something in an election with only 17 percent turnout.

So why didn’t I vote for somebody like Mecke, who had a good position on dealing with homelessness and had already done some work in city politics? Because, as I said, I felt like I was in this Dick novel looking into a zillion possible futures right there in the polling place. There were the sure-to-fail futures represented by good candidates with no hope of winning, and then there was the dark future of creepy joke candidates like Chicken, whose mockery of the voting process was probably part of why so few people turned out for the election. Why vote when running for mayor had been turned into a joke?

So I voted for the best possible future I could find, the future in which, eventually, smart young people who care about freedom of expression online become mature politicians who understand new technologies and the socioeconomic conditions associated with them. Maybe Wolf won’t grow into that politician, but somebody like him will. And that person will probably understand things like how to organize Internet access for low-income city residents and why entertainment companies shouldn’t be allowed to sue people for hundreds of thousands of dollars because they’ve been file-sharing. That person will also understand how easy it is to violate people’s privacy online and will push for regulations that prevent companies and governments from dipping into private digital data supplies.

Of course, the future in which we have politicians like Wolf may never happen. We can’t predict what will become of him, and we can’t know if digital natives will mature into progressives who care about access and privacy reforms. There’s always room for wired neocons and digital Puritans, whose intimate history with the Internet will make them particularly good at legisutf8g censorship purges and invasive data mining. That’s not the future I voted for, but I am always having to remind myself that’s the future I may get. *

Annalee Newitz is a surly media nerd who is living in an alternate future right now.

Good-bye to my city

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EDITORIAL My marriage to the city is ending. Yes, the one on a peninsula tipped with astounding beauty, filled with rich cultural communities and the fullness and complexities of the growing inequities in American life.

It is the city that has witnessed the nurturing scenes of my adulthood on the West Coast of North America since 1966. I was here as the beat generation turned over my new city bride to newcomers during the Summer of Love. They called us hippies. Later I witnessed the tear gas flows at Haight and Ashbury the year that Dr. Martin Luther King Jr. was murdered in Memphis. I watched television with Students for Eugene McCarthy on Haight Street on the warm June night when Robert F. Kennedy was assassinated in Los Angeles.

Although my city bride is scarred and worn down, like any bride would be with too many lovers fighting over each blink of her aging eyes under a wrinkled brow, how can anybody leave after a 41-year love affair?

Sadly, the deepening citywide housing crisis, well documented by the Guardian, has now reached our rental home near our beloved Unitarian Church and Center.

I have been in the "good fight" for most of those 41 years in San Francisco, where I have been arrested in solidarity with homeless people, witnessed for peace and justice, and engaged the body politic at City Hall on behalf of sound environmental and planning policies. I have worked continually for better public TV and radio services, including 10 years of elected service on KQED’s Board of Directors.

Now what is a responsible lover of a city bride to do? Jump ship? Leave on the next voyage of the SS Bilge Rat?

As an aging groom, however, my choices are few.

Along with my human bride, Jean, I could live in the cramped, crowded, and often dangerous gray ghetto for folks of limited income. Perhaps we’d win the California Lottery so we could "afford" the city’s lottery for a so-called affordable-housing condo.

We could continue to mount the barricades, trying keep our bride from being dressed up for dates with the limousine-and-caviar set and the arrivistes of wealth and power who want to steal her remaining treasures.

Instead, we are now heading toward building a new community in Boulder, Colo., where my life in the West began nearly 50 years ago as a college student. We will be members one of America’s first cohousing villages designed by elders who are now building an intentional community of self-managed affordable and market-rate units in a city where there are successful policies geared to meet the housing needs of all income groups.

In many marriages facing uncertain challenges, at times ties are dissolved unwillingly. I will miss my haughty, imperial, and strangely vulnerable city bride called the city of St. Francis — in Spanish, San Francisco.

To you, the remaining citizens of San Francisco: I have had a wonderful relationship with my city bride, with many gifts from insightful people. It was a time of great love, affection, expectations met and unmet, with disappointments and frustrations and — of course — laughs and tears. I have had them all with you.

Henry Kroll

Henry Kroll moved to San Francisco in 1966.

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