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Hip buzz phrases

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› annalee@techsploitation.com
TECHSPLOITATION Usually I don’t let the PR e-mails get to me. My standard procedure is to review and delete these missives from alternate marketplace universes where people care about incremental changes to the graphic user interface in a piece of useless software. But last week when the bizarrely clueless announcement from domain-name megaregistrar Dotster arrived in my inbox, I just couldn’t stand aside and let it pass.
Maybe I was feeling particularly grumpy because the ongoing Hewlett-Packard scandal is constantly reminding me that all my nightmares about the corporate surveillance of media types are, in fact, true. Whatever the reason, I just got plain pissed off by Dotster’s craven bid to appeal to youth with its new PimpedEmail product for MySpace users. For $7.95 per month, Dotster will sell you access to a “pimped” domain name via your MySpace account. Apparently, according to the press release, these domains “tend to favor hip buzz phrases … for example, if a visitor types ‘Stephanie’ into the DDS search box and clicks ‘Name Search,’ the results might include stephanieisthebomb.com, stephanyshizzle.com, or worldofstephanie.com.”
OK, it’s true that what leaps out immediately here is the slap-your-head stupidity of these “hip buzz phrases” — my personal favorite is worldofstephanie, which has to be one of the buzzingest, hippest phrases I’ve ever encountered. But what pushed me over the line from merely bemused to actually offended is Dotster’s crass attempt to suck money out of one of the most cash-strapped communities on MySpace: unknown musicians trying to get people interested in their music.
Most of the suggestions for how to use PimpedEmail involve using it to promote unknown bands. “A new group calling itself Nikki Blast could use band search to register nikkiblastrocks.com,” suggests Dotster. Then “they can set up as many e-mail addresses as they like using that domain extension. For example, the drummer could be madbeatz@nikkiblastrocks.com, and the band could award loyal fans with their own addresses such as timmy@nikkiblastrocks.com.” Hmmm, could “madbeatz” be another one of those hip buzz phrases? What about “rocks”?
Of course these suggestions won’t necessarily control youth behavior, partly because they’re just lame. And I’ll admit that MySpace teaming up with Dotster isn’t nearly as problematic as MySpace collaborating with state governments to police what kids are doing on one of the world’s largest social networks. But PimpedEmail is more insidious than you might think. It pushes conformity under the guise of cool; it turns the ideal of freely sharing band information into something that requires payment by the month.
No, it’s not surprising that the News Corp.–owned MySpace is figuring out ways to accessorize its free service with little nuggets at teen prices. I still reserve the right to be grossed out when it happens.
More depressing still is the way PimpedEmail pulls the covers over the true process involved in doing one of the most basic tasks of any Web user: getting a domain name and setting up e-mail. The Dotster press release describes its service as a “unique Domain Discovery System (DDS),” adding helpfully that “visitors to the service’s Web site can generate unique domains.”
Huh? There’s nothing “unique” here — this is the usual way one searches for domains and buys them online. Every time I’ve ever bought a domain, apparently, I’ve had a “unique” experience when I searched to see if annaleenewitz.com (for example) was available and then purchased it. The only thing that’s different here is that instead of getting boring suggestions for domains (like annaleecompany.com), you’ll get allegedly cool ones (like annaleeshizzle.com).
The misrepresentations here go beyond the usual “we’re unique” marketing ploys. Dotster makes it seem that getting a domain and getting e-mail are the same thing — and that the easiest way to do both is through MySpace. Let’s leave aside the privacy issues involved in tying your MySpace page together with your e-mail and domain services. I’m more worried that services like PimpedEmail will actually lower technical literacy in Web users by hiding what’s really going on when you create the address madleetz@worldofannalee.com. Not only does PimpedEmail take money away from its users, it takes away their knowledge of how domain names work — and by extension, it takes away just a bit more of their power. SFBG
Annalee Newitz is a surly media nerd who’s got all the hip buzz phrases, like “get funky” and “far out” and “make the scene.”

Be a liver

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› andrea@altsexcolumn.com
Dear Andrea:
Many years ago, I contracted the Hepatitis C virus (HCV). I had many partners before tests became available. None, to my knowledge, has contracted HCV from sexual contact with me. I know it’s possible to pass it through sexual contact but it’s very rare. It requires blood to blood contact: someone would need to stick their bloody penis in some equally bloody orifice on my body — not gonna happen! I’m always safe when it comes to anal sex. As for oral, well, that does give the opportunity to examine my partner more closely. Am I obligated to tell every partner I have about my HCV status?
The Centers for Disease Control and Prevention (CDC) consider HCV to be a sexually transmitted disease, but health departments of other countries — Australia for example — do not. My faith in the truthfulness of an agency of the US government in the current political climate is doubtful, especially when it comes to sexual matters.
I’m not a slut, but I satisfy my needs when they arise. I’ve never had an STD of any kind. I don’t know if it matters, but I’m a transsexual woman.
Love,
Liver It Up

Dear Liv:
Nope, doesn’t matter a bit!
It is maddening that we still know so little about sexual transmission of hep C. There are studies, but they contradict each other, are too specific to generalize from, or are otherwise just not capable of answering the big question: can you for sure get this from fucking? Seeing as the virus is pretty common though, there really ought to be more cases of transmission between monogamous non-drug-injecting partners. The cases just aren’t there, so it is tempting to shrug and say, “Guess it isn’t sexually transmitted after all.” If hep C were the common cold, I’d be cool with that, but seeing as it’s the leading cause of liver transplants in the United States and can totally kill you, we can’t be quite that cavalier about it.
It’s worth noting that while the CDC groups HCV with the sexually transmitted diseases on its Web site, it has little to say about actually getting it through sex. Click on the link and you get a list of risk factors (transfusion or organ transplant before routine testing was implemented, injection drug use, etc.) with nary a mention of sex of any sort. And when you dig a little deeper you find this: “HCV can be spread by sex, but this does not occur very often. If you are having sex, but not with one steady partner: You and your partners can get other diseases spread by having sex (e.g., AIDS, hepatitis B, gonorrhea or chlamydia).”
This is really a nice bit of legerdemain: “Sure, it could happen, but we don’t want to be quoted saying it could happen to you, so, uh, don’t get the clap.” I was guilty of the same sort of sleight of hand way back when I was working as a women’s safer-sex educator but really didn’t believe that the population we were reaching was actually at the slightest risk of contracting HIV through sex. No matter how stridently the AIDS establishment insisted that everyone was at equal risk, it wasn’t and still isn’t true, so I’d hand the girls the AIDS-prevention pamphlet I was paid to distribute and then tell them how not to get warts. Win-win, as far as I was concerned.
So do you have to tell everyone? This may be more of a question for that ethics guy than for me, but I kinda want his job anyway, so I’m going to have to say yes. You can play it down, you can say the chances of exchanging enough blood during sex are extremely low and you’ll be using condoms anyway, but since there have been cases of sexual transmission (no, we don’t really know what those people were doing, only what they say they were doing), we can’t pretend that there’s zero risk. “Almost zero” isn’t zero. I’m really sorry.
I had to do this, kind of. I discovered that a forever-ago partner had developed the disease, and as much as I would rather have sporked my own eyes out, I called the people I’d seen since (thankfully, there weren’t many of these) and informed them of the teensy-weensy risk. Nobody cared. I do hope I called them back after I finally got tested … um … all clear, guys, OK?
As for the right-wing antisex conspiracy, well, I’m with you as far as not trusting this administration as far as I could throw them — and really, really wanting to throw them — but the CDC is not so bad (and anyway the World Health Organization agrees with it about HCV). Look up Dr. Julie Gerberding, the Bush-appointed director of the CDC, and you’ll find her support for safer-sex education reviled and her appointment tsk-tsked on the Web sites of Focus on the Family, Concerned Women for America, and Accuracy in Media, among others. The enemy of your enemy is your friend.
Love,
Andrea
Andrea Nemerson has spent the last 14 years as a sex educator and an instructor of sex educators. In her previous life she was a prop designer. And she just gave birth to twins, so she’s one bad mother of a sex adviser. Visit www.altsexcolumn.com to view her previous columns.

Tidal (public) power

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EDITORIAL Mayor Gavin Newsom, perhaps looking for a big issue to bring to a star-studded environmental meeting in New York City last week, suddenly discovered the value of tidal energy. There’s actually nothing new about the idea: although Newsom didn’t give anyone but himself credit, the plan was first floated by Matt Gonzalez in the 2003 mayor’s race. It was picked up by Supervisors Jake McGoldrick and Ross Mirkarimi and has been on the agenda at Mirkarimi’s Local Area Formation Committee (LAFCo) for more than a year.
But whatever — if the mayor’s on board, fine. There’s a tremendous amount of potential in the concept — huge amounts of renewable energy with little significant environmental impact (and no greenhouse gases). The technology appears to be available, and there’s every reason for the city to move forward rapidly — as long as the power generator is owned, operated, and totally controlled by the city. And that’s not at all guaranteed.
A pilot project would cost about $10 million — peanuts compared to the revenue potential but a chunk of change nonetheless. Newsom, who is looking for state money, is also considering the possibility of seeking private-sector partnerships. And one company that has its greedy eye on the potential energy in the ocean tides is Pacific Gas and Electric.
PG&E is trying desperately to buff up its tarnished image, spending millions on slick ads promoting itself as a green company. It’s crap: among other things, PG&E still operates a nightmare of a nuclear plant on an earthquake fault in San Luis Obispo and is trying to get the plant’s operating license extended. But environmentalism sells in California, and the state’s largest and most rapacious private utility has no shame.
The San Francisco Chronicle reported Sept. 19 that city officials were negotiating with “a number of companies that could help run the turbines and cover the costs” and added that “Pacific Gas and Electric Company is among them, said Jared Blumenfeld, director of the city’s Department of the Environment.” Blumenfeld told us he was misquoted and that officials are only discussing with PG&E the prospects for connecting to the PG&E-owned grid in the city.
But Blumenfeld explained that a private company called Golden Gate Energy already has a federal license to develop tidal energy in the San Francisco Bay — and PG&E has a stake in that venture. The Golden Gate Energy license expires in 2008, and it’s unlikely the company will be able to start work by then, Blumenfeld said. Given that nobody actually has a working model of a tidal generator of this scale, that’s probably true.
Still, it shows that PG&E isn’t going to give up easily on the idea of owning or running what could be a source of energy that could power a sizable percentage of San Francisco. The reason is obvious: if the city operates the tidal power plant, it will be a huge boost for public power. Between tides, $100 million worth of solar energy that’s in the pipeline, and the Hetch Hetchy dam, San Francisco would come pretty close to generating enough renewable energy to power the whole town — and PG&E could be tossed entirely out of the picture.
Of course, that assumes that the city is serious about creating a full-scale public power system, which involves taking over PG&E’s transmission grid. Newsom says he supports public power. So does Susan Leal, general manager of the San Francisco Public Utilities Commission. But while both are ready to cough up $150,000 for a study into the benefits of tidal power (and a possible $10 million for a pilot project), neither has ever been willing to spend a penny for a study into the costs and benefits of taking over the grid.
Mirkarimi told us that LAFCo will begin hearings on tidal power next month and get to the bottom of what the mayor has in mind. The supervisors should allow no shadow of doubt about the policy for pursing this energy source: it can only be done as part of a larger plan to bring public power to the city — and if PG&E or any other private energy company has even the tip of a finger anywhere near it, the deal is dead in the water. SFBG

Save KQED! Vote No!

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EDITORIAL KQED, San Francisco’s venerable public radio and television outlet, is trying to summarily abandon internal democracy. The station’s management is sending out letters this week asking its 190,000 members to vote on a bylaws change that would eliminate direct election of board members and shift complete control of the station’s operations to a self-appointed board. The proposal would also strip members of the right to vote on future changes to the bylaws.
This is a horrible idea and KQED members should reject it.
The bylaws change, KQED spokesperson Yoon Lee told us, comes in the wake of a May merger between KQED and San Jose’s public station, KTEH, and is aimed at simplifying operations at the stations. Besides, she said, elections are expensive: KQED spends roughly $250,000 each time it chooses new board members.
Of course, the United States could save huge sums of money by canceling congressional elections and letting the House and Senate choose their own members, but that idea wouldn’t get too far. Neither should the idea of the people — who pay for the programming, pay for the staff, pay for the salaries of the station executives, and pay for the elections — being cut out of the process.
For half a century, KQED has had a tradition of membership participation. It’s been awkward and stilted at times (the board appoints its own slate of candidates, and it’s tough for outside candidates to get on the ballot and get elected). But critics of station management have won seats on the board now and then, and their input has been tremendously healthy for the organization.
KQED has always needed independent watchdogs. For years, the station has poured money into bad projects and wasted cash on overpaid executives — at the expense of its primary mission, which is (and ought to be) to provide quality local programming. There’s no KQED TV news show (although there used to be). Other than Michael Krasny on the radio, there’s precious little in the way of local public affairs shows.
That’s the kind of thing rebel board members like Henry Kroll and Sasha Futran used to bring up and force onto the agenda. They also made the case for letting the members — and the public — have access to the details of KQED’s finances.
Lee says that none of the other big stations in the Public Broadcasting Service system have elected boards, but this is San Francisco, a city that takes its publicly supported institutions seriously and demands accountability. And locally, the direction of member-sponsored broadcasting is just the opposite: KPFA has gone to great lengths to elect a community-based board.
This is the last chance members will ever have to halt the corporatization of KQED. Most members just throw their ballots out; this time, it’s worth taking a minute to vote no on the new bylaws. SFBG

Editor’s Notes

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› tredmond@sfbg.com
So much going on this week: the cops and the San Francisco Police Commission are heading for a battle over secrecy, the cops and the supervisors are headed for a battle over foot patrols — and Mayor Gavin Newsom is heading for a battle with homeless advocates over a new round of sweeps at Golden Gate Park. The mayor and the local gendarmes can’t win any of this without community support and would do far better to stop trying to fight these battles.
Then there’s redevelopment and the city attorney … and we might as well get started:
•The state Supreme Court ruled a couple of weeks ago that all police disciplinary records have to be kept secret. It’s an awful decision, and San Francisco needs to find a way around it if at all possible. Some police commissioners, starting with David Campos, want to do that, but City Attorney Dennis Herrera is interpreting the law very conservatively and not offering the commission a lot of options.
Why not make public all the charges against cops with the individual officers’ names redacted? At least the community would know that some cops are improperly shooting people, giving liquor to minors, beating up people of color, beating up their spouses … and at least we’d all have a way to demand some policy changes. Or why not tell bad cops facing disciplinary hearings that they can plea bargain for a lenient sentence — and waive their rights to privacy — or take their chance in a full commission trial, where they will face termination if they lose? Let’s think here, people: this is too important to just give up. San Franciscans aren’t going to accept a secret police state.
•The mayor and the police chief are still fighting against Sup. Ross Mirkarimi’s plan to put cops on foot in high-crime areas. That’s a loser, Mr. Mayor. Nobody thinks that your current plans are working.
•After visiting Central Park in New York City — which is run by and for a private group of rich people — Newsom has decided to clear all the homeless people out of Golden Gate Park. Let me offer a little reality here: people sleep in the park because they have no place else to go. You cut their welfare payments and let the price of housing skyrocket, this is what you get. Sweep them out and they won’t disappear: they’ll sleep on the streets in the Haight and the Sunset and the Richmond. There’s a great campaign issue.
Besides, Golden Gate Park, homeless and all, is generally a safe, pleasant place, with only minor crime problems. But kids are dying on the streets only a few hundred yards away in the Western Addition. We don’t have enough cops to walk the beat where they could save lives — but we have enough to roust the homeless?
•Herrera, who’s got his hands full of ugly messes this week, tossed a referendum on the Bayview Hunters Point Redevelopment Plan off the ballot because each of the petitions didn’t have the entire plan attached. For the record, the plan is 62 pages. If this is the standard — an entire plan has to be copied and printed with every single petition — then as a practical matter, nobody in California can ever do a referendum on a redevelopment project. I suspect that’s not what Hiram Johnson had mind. SFBG

The people’s program

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OPINION San Francisco progressives have spent years getting on the political power map. We have achieved amazing victories, such as the 2000 sweep that defeated the Brown machine and ushered in an independent Board of Supervisors. At times we’ve gotten mired in sectarian clashes that have prevented unity around a common vision. However, such obstacles and stumbles have taught us valuable lessons that can be the building blocks for a vibrant people’s movement. To be successful, we progressives need to have a clear vision and to keep asking ourselves questions. What does it mean to be progressive and for progressives to have power? Assuming we all agree that progressive unity is a necessary foundation for social change, what should unity look like today? And if we’re successful at maintaining power, what do we want to look like five and 10 years from now? In the first year following its founding convention and with these questions in mind, the San Francisco Peoples’ Organization (SFPO) has chosen to focus on three issues central to the lives of all San Franciscans — health care, affordable housing, and violence prevention. Over the past year, this fledgling organization has logged a long list of achievements and participated in many exciting causes. The SFPO has: •worked with the Alliance for a Better California to defeat Governor Arnold Schwarzenegger’s special election measures in November 2005; •assisted in the development and passage of Supervisor Tom Ammiano’s Worker Health Care Security Ordinance, creating universal health care for local residents; •advocated for Supervisor Chris Daly’s recently passed legislation to increase mandatory levels of affordable housing in new housing developments; •took a leadership role in uniting communities of color and progressives to fight for Proposition A’s homicide and violence prevention efforts, including a host of new budget initiatives addressing some of the root causes of violence; •launched an e-mail dispatch that reaches over 5,000 constituents and highlights local progressive issues, campaigns, and events; •played an active role in the UNITE-HERE Local 2 contract campaign, attending pickets, planning meetings, and participating in civil disobedience. Part of our effort involves critically analyzing the policy agendas of our elected lawmakers and making recommendations. Mayor Gavin Newsom, through his highly visible work to legalize same-sex marriage, rightfully gained the respect and admiration of progressive San Franciscans. However, same-sex marriage is only one issue; Mayor Newsom should not be given carte blanche among progressives for this single act. The SFPO’s second annual convention will take place Sept. 30 at St. Mary’s Cathedral. Please join us. We cannot wait to work together. The future of our city — who we want to live here, who we want to work here, who we want educated here — is being determined now. SFBG Jane Kim and John Avalos The writers are president and vice president, respectively, of the San Francisco Peoples’ Organization. For more information about the SFPO and the Sept. 30 convention, go to www.sfpeople.org.

The Lusty Lady loses its innocence

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› sarah@sfbg.com
If you’ve taken a women’s studies course in the past decade or if you’re a patron or follower of the sex industry, you’ve heard of San Francisco’s Lusty Lady. Depicted as a bastion of feminist values and workers’ rights, the 24-hour peep show floats amid the sea of macho-style strip clubs that dominate North Beach’s central strip.
Sure, the Lusty features live nude girls wiggling and jiggling while male customers masturbate in small enclosed booths, but dancers are protected from unwanted splashes of semen and sexual advances thanks to the panel of glass that separates them from the customers. Equally important, at least in the eyes of feminist voyeurs and dancers, is the theater’s reputation for having a broader vision of female beauty than prevailing cultural norms and for being a venue where discrimination simply isn’t tolerated. These credentials date back to the ’90s, when the club’s dancers traded boas for picket signs in what became a successful bid to organize the only unionized strip joint in the nation.
Back then, the drive to unionize was triggered by poor working conditions, including one-way mirrors that allowed customers, newly empowered with the affordable digital technology that emerged in the mid-’90s, to clandestinely film performers. Worried their images would end up as Internet porn or in bootleg videos or used against them in custody battles, the dancers and the male support staff joined forces and won representation with SEIU Local 790.
Less publicized is the fact that three years ago the club’s former management sold the business to the Lusty’s workforce. Since then, the theater has been run as an employee-owned cooperative, with an elected board of directors that signs the union’s collective bargaining agreement every year. Given the harsh fiscal climate that followed the dot-com bomb and the workers’ general lack of business experience prior to their involvement in the Looking Glass Collective (as the Lusty’s co-op is called), it’s no big surprise that the theater is currently facing some fiscal and management challenges.
But the next chapter in the Lusty Lady saga is the strangely twisted tale of how a small faction of male workers is trying to decertify the union against a backdrop of inflammatory e-mails, emotional outbursts, suspensions, and firings, along with competing allegations from dancers of sexual harassment and unfair labor practices.
It all started when one of the men began to argue that the place was losing money because the dancers were too fat.
Now some male co-op members (who work the front desk and the door and have the unpleasant job of cleaning the little rooms) say the union contract isn’t valid anymore because the co-op makes no distinction between management and labor. They are also spinning events to make it appear as if the National Labor Relations Board (NLRB) agrees.
DANCERS OF SIZE
The tale goes back to July, when a support staffer named Davide Cerri sent the co-op board an e-mail complaining that the peep show’s revenues were falling off. Since everybody’s pay at the Lusty is based on monthly revenues, any decline in cash flow would hit every worker’s wallet.
Cerri claimed that the Lusty’s madams were hiring “unwatchable girls” — women who were too big and not quite sexy enough — and that as a result, the club lost money.
“People comes [sic] asking for refunds, because they do not want to see girls that they would not want to have sex with even if they were completely drunk,” Cerri wrote. “This is reality, not question of options. We sell fantasies, not nightmares.”
Cerri’s missive so outraged dancer Emma Peep that she posted a copy on a message board where all the dancers could read it.
As Peep explained to the Guardian, “Davide’s e-mail was against everything we stand for, and it’s against the law to hire and fire based on size discrimination.”
But by making the missive public, Peep set off a firestorm.
“Everyone flipped out, people were crying in the dressing room, and the male staffer got ostracized,” one Lusty board member, who asked not to be identified by name, told us. “It’s great what we at the Lusty think the standards of beauty are, but the reality is that we’re in the adult entertainment business.”
Peep claims Cerri’s missive “led to others calling for the termination of women based on their size” — and in the end, to her own July 30 termination. In a supreme twist of irony, given that she filed a grievance with the union and wanted Cerri fired for his e-mail, Peep instead found herself fired “for creating a disruptive, hostile work environment” — via an unsigned letter shoved under her door.
Documents filed with the NLRB show that shortly after Peep filed her grievance, Cerri filed one of his own: he charged SEIU Local 790 with failing to represent his grievances and with treating and representing male and female employees differently.
Last week the NLRB’s regional office dismissed Cerri’s charges — on the grounds that the Lusty is a completely member-owned and member-operated cooperative and that as a shareholding member with the ability to affect the formulation and determination of the Lusty’s policy, Cerri is a managerial employee.
“Accordingly, the Union’s duty of fair representation does not extend to you,” ruled NLRB acting regional director Tim Peck in a letter.
In the meantime, the union has continued to press Peep’s grievances. On Aug. 4, SEIU Local 790 staff manager Dale Butler wrote Lusty Lady board members Miles Thompson, Monique Painton, and Chelsea Eis, informing them that Peep’s termination was “without just cause” and “inappropriate.”
Butler told the board members that the Lusty Lady’s union contract provides for mediation and that the theater could be subject to $2,000 in arbitration fees plus attorneys’ fees plus Peep’s back wages (a triple whammy that could bankrupt the already fiscally struggling club). When the union threatened legal action, the board finally agreed to mediation.
WHO’S THE BOSS?
Meanwhile, there’s a dispute about whether the union actually has a valid contract. Union representatives say they sent a final version of this year’s agreement to the board, which never returned it. Butler told the Guardian that on Sept. 25, male support staffer Tony Graf called the union to say that the board had no objections to the contract — except for an antiharassment clause that shop steward Sandy Wong had proposed.
Male support staffers Cerri and Brian Falls still maintain that the union has no business at the Lusty.
“The union has been fraudulently in the Lusty Lady’s business, because we’re a co-op and everyone is a manager,” Falls said.
As for e-mail writer Cerri, he told the Guardian that “the union is automatically out and their contract is not valid, which is great news. We were mobilizing to deunionize by collecting signatures but now won’t have to go forward with that.” Falls also acknowledged being involved in a decertification drive.
“Before the formation of the co-op there was a common enemy, the management, who treated the dancers and the support staff badly. But once we became a co-op, there was no reason for the union to be there,” he explained.
Falls also claims that Cerri’s e-mail wasn’t triggered by larger dancers per se, but because there were four to five large women on the stage at the same time.
“We were losing customers and saw decreased revenues,” Falls said. “The business isn’t doing that great. We’re on a revenue-based pay scale, so it hits everybody’s paycheck. We never said, ‘Don’t hire big women, fat women.’ There are people who enjoy large women. But a block of the same kind of women — that was losing revenues.”
Financial records obtained by the Guardian, however, show that the Lusty Lady made an average of $28,000 a week in January, $27,000 in February, $28,000 in April, $26,000 in June, and $27,000 in July. That hardly looks like a dramatic collapse of income.
The last word goes to a female dancer who refused to use her stage name for fear of retaliation.
“The union can be polarizing, but it’s scary to leave because it protects our rights,” she said. “The problem is that people will vote against their best interests. It’s like working people voting for Bush. I think I can understand that phenomenon since working at the Lusty Lady.” SFBG

Battle for Bayview

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› steve@sfbg.com
It’s been a week since City Attorney Dennis Herrera invalidated the seemingly successful referendum drive challenging the Bayview Hunters Point Redevelopment Plan, and everyone involved is still wondering what’s next.
Can the biggest redevelopment plan in city history just move forward as if more than 33,000 city residents hadn’t signed petitions asking to vote on it? Legally, that’s where the situation now stands. But even Herrera told the Guardian that the legal question he answered is separate from the policy and political questions.
Should the Board of Supervisors hold a hearing to discuss the controversial issues raised by redevelopment and this referendum? Should it consider repealing the plan and allowing a ballot vote, as some supervisors want?
And if each referendum petition must include a thick stack of all related documents, as Herrera’s opinion indicates, won’t that make it prohibitively expensive for a community group to ever challenge such a complex piece of legislation? Have the citizens in effect lost the constitutional right to force a referendum on a redevelopment plan?
“I can’t speak to what the practical effect will be. I can just tell you what the state of the law is,” Herrera told us, noting that referendum case law clearly indicates that the petitioners should have carried the 62-page redevelopment plan and all supporting documents, not simply the ordinance that approved it.
A “TERRIBLE” DECISION
Four supervisors — Chris Daly, Tom Ammiano, Gerardo Sandoval, and Ross Mirkarimi — voted against the plan in May. All have expressed concern about Herrera’s decision, but none have yet called for a hearing.
“Whether you agree or disagree with this opinion on the validity of the redevelopment referendum, it raises some grave concerns that this process — a democratic, grassroots process — was overturned,” Mirkarimi told us. Daly called the decision “terrible.”
Yet given that they need the support of at least two more supervisors to reconsider the plan, Mirkarimi conceded that the next step will probably have to come from a lawsuit by the petitioners, a move referendum coalition leaders Willie Ratcliff and Brian O’Flynn say they intend to pursue if political pressure fails.
“It’s unclear what the next steps are to dislodge this from the legal shackles that knocked it down,” Mirkarimi said. “Something doesn’t smell right, and it’s difficult to trace the odor completely without the courts getting involved.”
But Ratcliff hasn’t given up on forcing a political solution, which he is pushing through his coalition and the San Francisco Bay View newspaper he publishes. The paper last week ran a story on the decision under the hyperbolic headline “City Hall declares war on Bayview Hunters Point.”
“We’re talking to lawyers, but to us the last resort is going to court. We feel we can pull it off politically,” Ratcliff told us. “What this did really was unite this community. If the city will pull this kind of thing, how are we going to have any faith in this plan? We’re going to flex our power…. People are ready to fight now.”
One gauge of Ratcliff’s support in the community will come on the afternoon of Sept. 27, when he will lead a march and rally on the issue. The event is tied to the 40th anniversary of the so-called Hunters Point Uprising, when a teenager was shot by police and the resulting community backlash was violently quelled using National Guard tanks and police sharpshooters.
“With the 40th anniversary of the Hunters Point Uprising of Sept. 27, 1966, only days away, this sounds like a declaration of war against the same people who protested then and are protesting still against police brutality and for jobs, economic equity and the right to develop our own community and control our own destiny,” Ratcliff wrote in a front page editorial.
Ratcliff told us, “We’re going to have a big march out there to show the city that we oppose this plan.”
THE PLAN IS IN EFFECT
Herrera’s opinion on the referendum was requested by Mayor Gavin Newsom, the San Francisco Redevelopment Agency, Board of Supervisors president Aaron Peskin, and Sup. Sophie Maxwell.
Redevelopment Agency director Marcia Rosen told the Guardian that fears of redevelopment stem from how badly it was handled in the Western Addition in the 1960s, but that the agency and the political climate of the city have changed. She said the agency is approaching Bayview–Hunters Point in an incremental, community-based fashion. She said the plan should go forward and will eventually prove the fears are unfounded.
“The plan was adopted by the board and signed into law by the mayor, and there is no further action needed, so the plan is in effect,” she told us.
Maxwell and Peskin each said they’re inclined to just let the redevelopment plan go into effect, although Peskin said, “I’m not going to stop any supervisor from having a hearing on any subject.”
“It’s important to understand that this plan is a living document, so there will be changes and people talking to each other,” Maxwell told us. “It’s certainly not the end of anything.”
She told the Guardian that the referendum campaign used paid signature gatherers, money from a developer from outside the area, and distorted claims about eminent domain and other aspects of the plan — misrepresentations that signers could have checked if the plan was readily available as legally required.
“The democratic process has to be taken seriously, and democracy is not easy,” Maxwell told us. “The decision was about preserving the democratic process, and people need to have facts at their disposal. There has to be a process and there has to be a standard.”
That’s certainly true — and O’Flynn is a contractor who lives in the Marina. But it’s hard to imagine how carrying around thick stacks of paper filled with complex land-use plans would have made a difference. Most signers would never have stopped to take several hours to read it all.
John Matsusaka, president of the Initiative and Referendum Institute at the University of Southern California School of Law, said that referendum case law has been built around a few courts validating actions by civic officials to strike down citizen movements.
“The sad fact is it looked like elected officials are trying to keep measures off the ballot and looking for ways to support that,” Matsusaka told the Guardian. “Preventing the people from voting is really not going to bring harmony to the community.” SFBG
The Defend Bayview Hunters Point Coalition’s Sept. 27 march begins at 3:30 p.m. at the Walgreens at 5800 Third St. and Williams and continues up Third Street to Palou Street, where there will be a press conference and rally at 4:30 p.m.

Casting off

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› amanda@sfbg.com
Hornblower Yachts assumed control of the ferry service to Alcatraz Island on Sept. 25. As the new crew cast off the dock lines, spurned union workers — some 30-year veterans with the former contractor, Blue and Gold — rallied with supporters at the entrance, asking passengers not to board the boats.
Two union-friendly visitors from Sydney, Australia, ripped up their tickets and demanded refunds. “We don’t agree with what they’re doing to the workers,” one said, while in the background Supervisors Aaron Peskin and Tom Ammiano took turns with the bullhorn, also offering their support to the workers.
“All of our colleagues on the board are not going to stand for it,” Peskin said to the couple hundred laborers gathered on the sidewalk. “We’re going to stand with you and march with you.”
Terry MacRae, CEO of Hornblower, expressed little concern about the boycotting tourists and the rally at his gate. “I suspect there’s plenty more people who want the tickets if they’re not going to use them,” he told the Guardian. Visits to Alcatraz peak this time of year, with a couple thousand people turned away every day when tickets sell out, according to National Park Service spokesperson Rich Wiedeman.
The NPS decision to grant the lucrative, 10-year contract to Hornblower over Blue and Gold has resulted in more than just what some are calling the largest union layoff in San Francisco waterfront history. The story also has an environmental angle as slick as an oil spill and a nasty landlord-tenant tussle.
“The port and I are extremely concerned with how Hornblower has conducted itself,” City Attorney Dennis Herrera told the Guardian, referring to the company’s artful dodge of city and state permitting processes. “They’ve focused more energy on sidestepping public oversight than complying with it.”
Despite infuriating two leading San Francisco institutions — unions and city planners — MacRae has managed thus far to avoid too much of a stir by keeping another critical local constituency off his back with a well-played “green” card.
THE GREEN MACHINE
When NPS put out a request for proposals in 2004, three companies submitted bids for Alcatraz: Red and White, a local charter and bay cruise company that ran the service when it first started in the ’70s; Blue and Gold, which took over Red and White’s boats and unionized crew in 1994; and Hornblower Cruises and Events, which runs charter and dinner boat cruises from five California ports and is a subsidiary of a larger, $30 million company.
When Brian O’Neill, superintendent of the Golden Gate National Recreation Area, announced last year that Hornblower won the bid, union activists immediately challenged the choice. Mayor Gavin Newsom, Peskin, Rep. Nancy Pelosi, and both of California’s US senators expressed concerns about the decision. Neighborhood group Citizens to Save the Waterfront filed suit. Environmentalists, however, were elated.
For the first time since being passed by Congress in 1998, the Concessions Management Act applied to the bid for Alcatraz. In addition to forbidding the Department of the Interior from favoring incumbent contractors, the act also outlined new criteria for awarding contracts that included a mandate to improve environmental quality in national parklands.
“Bluewater Network has been advocating for more than five years for a solar- and wind-powered ferry for San Francisco Bay,” said Teri Schore, a spokesperson for the local environmental group. She added that diesel vessels in the Bay Area account for more pollution than cars and buses combined. “We’ve been talking to every ferry operator on the bay, and we also knew that the Alcatraz contract was up. We thought it was the perfect application.”
Hornblower’s MacRae wrote a provision into his bid that within two years of taking over the Alcatraz service, the company would build and launch a ferry to run on a combination of solar, wind, and diesel power. After one year of testing the vessel, a second would be built within five years.
That — in combination with a plan to make two initial vessels 90 percent more fuel efficient, as well as implement a clean energy shuttle service on the Embarcadero, power the landing facilities with solar panels, purchase green products, and vend healthy snacks — put Hornblower’s bid over the top.
Wiedeman said all bidders are informed that financial feasibility of the company and potential revenue for the government, as well as environmental and sustainability initiatives, were considered. But some criteria were more weighted than others, and Hornblower ranked strongly on all points.
“We’re ecstatic,” Wiedeman said. “We’re looking at higher-quality visitor services from the get-go.”
But some doubt whether the proposed vessels are anywhere close to a reality. MacRae said a final design and marine contractor have not been selected yet, although Solar Sailor’s model BayTri has been touted. A giant solar-arrayed fin provides auxiliary wind and sun power to the trimaran’s diesel engines. No such vessel has ever been built, but the model is based on a smaller solar ferry that services Sydney Harbor in Australia — with a top speed of just seven knots.
The proposed boat is emissions free and could go 12 knots with the aid of the wind, although it would need a push from auxiliary diesel engines to keep up with Alcatraz’s schedule. Boats now run between 15 and 19 knots.
The other concern is that MacRae’s commitment of $5 million for constructing the 600-passenger vessel might not be enough. The San Francisco Water Transit Authority has been looking into a similar vessel carrying no more than 150 passengers that would cost between $6 and $8 million.
“Their requirements for design are different than what mine would be,” MacRae said. “I think it’s possible to do it for $5 million.”
Bluewater Network founder Russell Long worries that the low-budget cap could hurt the vessel’s environmental potential. “We believe that Hornblower may intend to maintain this budget ceiling even if it compromises other aspects of the design, such as best management practices in regard to environmental components,” he wrote in a letter to NPS, urging reconsideration of the contract.
NPS awarded the contract anyway and Bluewater is hoping for the best.
“We will be watchdogging the progress and keeping track of what’s going on. If it doesn’t happen, it will be a huge black eye for the National Park Service, Hornblower, and the city of San Francisco,” Schore said. “At this point we have faith that it’s going to get built, because it’s in the contract.”
However, Hornblower’s snub toward union contracts and dodgy relations with the city suggest that playing by the rules may not be a top priority for the company.
THE PERFECT TYPO
Since 1974, boats to Alcatraz have run from the Pier 39 area of Fisherman’s Wharf, where waiting ticket holders can indulge in the myriad distractions the tourist hub offers.
MacRae launched his new ferry service from Pier 31, half a mile farther south on the Embarcadero, where he currently leases space and operates a charter and dining cruise business.
Pier 31 is little more than a parking lot with a ramp and floating dock, which only sees about 100,000 people a year, far fewer than the 1.3 million annual passengers Alcatraz draws.
MacRae has attractive plans for a complete overhaul of the area, which would include landscaping and sheltered seating, a bookstore, and an informational center. Such alterations would require a thorough run through the city’s planning process, which MacRae told the NPS he won’t be doing until 12 to 18 months from now.
Instead, interim improvements to the lot were planned, which sparked concern from the city that the sudden increase in foot traffic wouldn’t be properly mitigated. That area of the Embarcadero also hosts 250,000 passengers a year from cruise ships docking at adjacent Pier 35. The Port spent close to $200,000 last year controlling that traffic with signage and police officers. The addition of thousands more visitors streaming down the sidewalks seeking passage to Alcatraz could cause gridlock every time a cruise ship docks.
Monique Moyer, executive director of the port, sent repeated letters over the last year to MacRae asking for clarifications about his plans and expressing concern that the change in use of Pier 31 required a review of existing permits.
She wasn’t alone. On July 31, Citizens to Save the Waterfront filed suit against Hornblower, claiming that the amount of activity at Pier 31 would increase twentyfold. “That represents a substantial change in the intensity of use,” Jon Golinger, a representative from the group, told us.
A change in the intensity of use of a waterfront property triggers the need for a complete environmental impact review (EIR) from the Bay Conservation and Development Commission (BCDC), a state agency with jurisdiction over anything within 100 feet of the shoreline. As many city developers know, EIRs can take many months to consider all potential changes to the existing landscape that the applicant would cause. Delays of that sort could have hindered MacRae’s ability to assume ferry service on the contracted date of Sept. 25.
MacRae said the litigation kept him from divulging to the city his proposed plans for upgrades to the pier.
Just days before the lawsuit was to be argued in San Francisco Superior Court on Sept. 6, BCDC executive director Will Travis sent a letter to Moyer stating that Hornblower’s new service and alterations to Pier 31 did not require any new permits.
He cited a typo from Hornblower’s current BCDC-issued permit as an allowance for the increase in passengers. The permit states that the pier may provide “access to the entire bay via vessel for 200,000 to 5000,000 [sic] people/year.”
He footnoted the quote: “There is clearly a typographical error in the 5000,000 number, which is intended to state the maximum anticipated usage of the dock … the correct number is probably either 500,000 or 5,000,000. While it seems reasonable to believe that the correct number is 500,000, the record contains nothing to substantiate this conclusion.”
Travis also relayed that Hornblower plans to use temporary measures that include trailers with port-a-potties, a portable ticket booth, and hollow traffic barriers for guiding traffic and pedestrians on and off the boat.
Herrera told us that this was the first Moyer had heard of what was planned for the lot and there was concern about how other services in the area and traffic on the Embarcadero would be affected, as well as if any structures, signage, and other enhancements would require additional permits. “It certainly would have been nice if they had shared all these plans so the port could conduct the proper environmental review that we all agree is in order,” he said.
In a strongly worded letter to Travis, Herrera wrote that to allow Hornblower to proceed without any environmental review could violate the California Environmental Quality Act (CEQA) and urged the BCDC to “issue an immediate cease and desist order” to prevent the start of service. Herrera also made the salient point that “the later the environmental review process begins, the more bureaucratic and financial momentum there is behind a proposed project, thus providing a strong incentive to ignore environmental concerns that could be dealt with more easily at an early stage of the project.”
On Sept. 7, BCDC commissioners met in closed session at the end of a four-hour meeting and voted to stand by Travis’s argument.
David Owen, a former Peskin aide who’s also a BCDC commissioner, was one of two abstentions to the otherwise unanimous vote. “It was really frustrating, because it seemed like Hornblower did everything in their power to avoid a permit review,” Owen told us. “Now what? We have a CEQA lawsuit and then the Board of Supervisors shuts down the Alcatraz ferry service? They’ve managed to start up service without acquiring a single permit. Kudos to them for strategy.”
Citizens to Save the Waterfront then dropped its lawsuit, feeling it was weakened by the BCDC decision.
“Essentially, now there’s a turf war between Bush’s park service and the Port of San Francisco,” Golinger said. “BCDC tried to avoid getting involved, but the precedent it sets is horrible. A corporation can come in and skirt any planning process.”
UNION TOWN POLITICS
After scoring the Alcatraz bid, Hornblower sought an exemption to the Service Contract Act of 1965 that would have required MacRae to pay equal to or more than what current crew make. But the Department of Labor ruled Sept. 21 against Hornblower. So veteran Blue and Gold crew have added safety to their concerns.
“I’ve made tens of thousands of landings on Alcatraz Island, and now they have captains who have never been there,” Capt. Andy Miller said. For 17 years, Miller has navigated the busy shipping lanes and the constant summer fog against the tugging tide and the sudden slams of inclement weather to bring tourists, park service staff, and supplies to the island.
“No one’s ever gotten hurt. It’s a very tricky place to land a boat. It takes skill and experience that you can’t just hire off the street,” he said.
Miller said he applied for a job with Hornblower but was not interviewed. So far, no captains and only three ticket agents and a deckhand have been hired from Blue and Gold’s former fleet.
“We have a ready workforce,” Master, Mate, and Pilot union spokesperson Veronica Sanchez said. “They’re going to have to be paid the same wages as union workers at Blue and Gold. They don’t want to be a union shop. Why don’t you want to be a union shop on a union waterfront like San Francisco?”
One reason could be concern that it might bump up costs for Hornblower’s other tour operations. “They want us to agree that if we sign up our workers for Alcatraz, that we won’t organize the dining yachts,” Sanchez said. In 1998, the union attempted to organize Hornblower’s dinner cruise operations in San Francisco but didn’t prevail in a supervised election.
MacRae said he’s not opposed to the unions and he’s encouraged the Blue and Gold staff to apply for jobs. “The unionization is the choice of the workers,” he said. “We try to let the employees make the choices. Last time I checked, that’s who the unions represent.”
“We want to make sure we have the best crew,” he said. “Many of the products and guest services we provide aren’t what Blue and Gold do now.” He added that some current employees from the dining cruises have also been shifted to the Alcatraz route.
“I’ve been here 21 years, and we’ve been replaced by busboys and waiters,” said deckhand Robert Estrada, standing with fellow workers outside the gate of the new Alcatraz ferry service.
Estrada said Hornblower’s reliance on part-time, low-wage workers has earned the company the nickname “the Wal-Mart of the Water.” The company’s rapid expansion, from a two-boat Berkeley-based charter to a multinational fleet with government contracts is a similar characteristic.
Blue and Gold spokesperson Alicia Vargas assured us that the remaining ferry services to Alameda, Angel Island, Oakland, Sausalito, Tiburon, and Vallejo will be solvent, but some of the veteran crew who haven’t been laid off yet are worried this is the beginning of the end.
“The public needs to be warned. If funds don’t come from Alcatraz, Blue and Gold could fold,” said David Heran, an International Boatmen’s Union member and deckhand since 1974 who applied to Hornblower but wasn’t hired. “I’m not ready to retire yet, and this wasn’t the way I was expecting it to happen.” SFBG

The 2006 political candidates let loose with us

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(For our 2006 endorsements, click here.)

Guardian endorsement interviews are, well, unusual: We bring in candidates for office, set aside as much as an hour or more, and quiz them about local issues. Sometimes we argue; sometimes the candidates yell at us. Nobody pulls any punches. They are lively political debates, fascinating discussions of political policy – and high political theater.

For the first time this year, we’re posting digital versions of these interviews, so our readers can get front-row seats for all the action.

Participants include Editor and Publisher Bruce B. Brugmann, Executive Editor Tim Redmond, City Editor Steven T. Jones and reporters Sarah Phelan, G.W. Schulz and Amanda Witherell. If you’re confused about who’s speaking, here’s a handy guide: If the question is long and involved and about tax policy, it’s probably Tim. If it’s about an incumbent’s record or personal style, it’s probably Steve. George asks about criminal justice a lot; Sarah has a British accent. Everybody knows Bruce’s voice; you can’t miss it. Enjoy.

Sup. Sophie Maxwell
“Redevelopment in the Bay View is different.”
Listen to the Maxwell interview

Sup. Bevan Dufty
“I’m willing to piss people off on both sides of the [landlord-tenant] issue.”
Listen to the Dufty interview

Jaynry Mak, candidate for supervisor, District 4
“I would have to look at it.”
Listen to the Mak interview

Alix Rosenthal, candidate for supervisor, District 8
“We’re going to make it extremely expensive to build market-rate housing, in terms of the community benefits.”
Listen to the Rosenthal interview

Mauricio Vela, candidate for school board
“I probably would lean toward getting rid of [ROTC} … but it would be difficult.”
Listen to the Vela interview

Marie Harrison, candidate for supervisor, District 10
“The one thing I did learn from Willie Brown is that an MOU means I understand that you understand that I don’t have to do a damn thing on this paper.”
Listen to the Harrison interview

Starchild, candidate for supervisor, District 8, and Philip Berg, Libertarian candidate for Congress
“Nobody will invade Switzerland. Everyone has guns, M-16s and AK-47s and grenade launchers in their living rooms.”
Listen to the Starchild-Berg interview

Bruce Wolfe, candidate for community college board
“When you ask where the money is, you want a trail where the money is, the answer you get is it’s in a fungible account.”
Listen to the Wolfe interview

Kim-Shree Maufas, candidate for school board
“My kid was in JROTC …. I like the community, I liked the structure, I liked the commitment to family… I absolutely could not stand the military recruitment.”
Listen to part one of the Maufas interview
Listen to part two of the Maufas interview

Hydra Mendoza, candidate for school board
“There are some schools that are not serving our children.”
Listen to the Mendoza interview

Krissy Keefer, Green Party candidate for Congress
“I’m running against a ghost”
Listen to the Keefer interview

John Garamendi, candidate for lieutenant governor
“Phil Angeledes is wrong [about taxes] in the context of our time.”
Listen to the Garamendi interview

Dan Kelly, school board member
“I don’t think JROTC is a terrific program … it doesn’t teach leadership skills, it teaches follow-ship skills.”
Listen to the Kelly interview

Rob Black, candidate for supervisor, District 6
“Developers have fancy lawyers and they know how to get around things.”
Listen to the Black interview

Free the Media!

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WHAT: Free the Media!
WHEN: Thursday September 21st, 8pm-midnight
WHERE: Crash (34 Mason Street between Eddy and Turk)

Blogger and video-journalist Josh Wolf has been ordered back to jail for refusing to let a federal grand jury have unedited footage of a July 2005 protest demonstration.

Free the Media! Is a benefit to raise money for the Rise Up Network legal defense fund for freelance journalists.

Speakers at Thursday’s event will include Josh Wolf (on the eve of his return to prison), Bruce Brugmann, editor and publisher of the San Francisco Bay Guardian; San Francisco Supervisors Ross Mirkarimi and Chris Daly; filmmaker Kevin Epps; Sarah Olson, Truthout.org journalist; Jeff Perlstein, executive director of the Media Alliance; Richard Knee, acting Journalism Division chair of the National Writers Union’s Bay Area chapter; and Njeri Sims, filmmaker.

Live music by Magnetism. Chuck Gonzalez to DJ.

Embattled journalist Josh Wolf’s video blog

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@@http://www.joshwolf.net/blog/@@

Chumby!

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› annalee@techsploitation.com
TECHSPLOITATION On a shelf above my fireplace, snuggled next to a Totoro stuffed animal and a stack of books about movies, there is a puffy, tan creature about the size of a Nerf football that has a three-and-a-half-inch computer screen for a face. If you squeeze the creature’s body, a menu pops up on the screen — from there, you can log on to my wi-fi network. This quasi-plush animal is in fact a hardware prototype of a cute little wi-fi thing that’s designed to “think.” It’s called a Chumby, and it’s about to change your life.
Using the Chumby.com Web site, you can register your Chumby, name it (mine’s called Tribble), and then load different “widgets” into its brain. The widgets change what’s displayed on the Chumby’s face: you can have a digital clock, headlines from Digg.com, a stock market ticker, or pictures scraped from CuteOverload.com. Because the Chumby is always online via wi-fi, it can spend the day peacefully cycling through pictures of kittens interspersed with stock quotes. The result is a nontechnological-looking object that’s halfway between being a very lazy cat and a very simple computer.
Chumby-makers Chumby Industries, staffed in part by hardware maestros Joe Grand and Andrew “bunnie” Huang, wanted to create something that would bring the Web into people’s lives without being as intrusive as computers are. When the Chumby is running, you can glance at it every once in a while to see what’s happening in the news, but you can’t grab it and start trolling for data the way you might if it were a laptop. You stay connected to the online world but don’t get disconnected from the real one.
What makes the Chumby dramatically different from other consumer electronics is that its hardware and most of its software are open source. That means you’re permitted to modify, hack, reverse engineer, and optimize the device to your heart’s delight. Chumby Industries encourages people to build new widgets and submit them to the Chumby Web site so other people can use them. Same goes for hardware hacks.
When was the last time you bought an electronic gizmo that was truly yours? Most devices come with warnings not to modify them unless you want to void your warranty. Some companies even threaten lawsuits if you reverse-engineer their products. But the Chumby is designed to be ripped apart and sewn shut again by its users. I mean that literally and figuratively — you can hack its hardware, but you can also take the Chumby’s electronic components out of its plush case and install them inside a teddy bear or leather boot.
This is a piece of consumer electronics in the most meaningful sense of that term. Consumers can do what they want with it.
Right now, the Chumby is only available on a limited basis to people who don’t mind playing around with what bunnie calls “alpha hardware.” That means my Chumby is a prototype. It crashes; it falls off the wi-fi network randomly; it keeps resetting its clock to a random date in 1969.
Once Chumby Industries gets the bugs out, though, you’ll start seeing nonalpha Chumbys for sale.
The Chumby may be unique in openness, but it’s not the first “smart” object on the market. There’s a “smart bunny” called a Nabaztag (www.nabaztag.com) that’s not quite as sophisticated as the Chumby but can still go online and read the weather to you. Looking sort of like a cross between an iPod and a Japanese cartoon character, the Nabaztag can stream MP3s from the Web, light up in different colors, do live traffic updates, and be an alarm clock. Like the Chumby, it’s a paracomputer, a thing that communicates Web data to you without actually being a Web browser.
Futurists predict that in the next five years our homes will be packed with “thinking” things that get their intelligence via wi-fi. Chairs will sing; coffee pots will read you the morning paper; desks will get your voicemail. I’m not interested in any of that. I have enough trouble dealing with chairs that are completely silent. But I do like the idea of having many ways of accessing digital information. Computers can provide rich sources of detail, but other devices will offer just a snapshot framed by waggling bunny ears.
As soon as the Chumby hardware is a little more stable, I’m making it into my alarm clock. I like the idea of waking up to streaming MP3s and a few news headlines. And if I want to shut it off, I’ll just squeeze. I’m telling you, the squeeze interface is genius. Genius! SFBG
Annalee Newitz is a surly media nerd who sometimes wishes her cat could display the latest headlines from BoingBoing.

My sister! My mother!

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› andrea@altsexcolumn.com
Dear Andrea:
I have these dreams that my mother is trying to have sex with me. I want to leave, but I freeze in place and can’t move. I feel sick when I think about it. I’m a bisexual woman in a healthy relationship with a man. I don’t know if this has anything to do with it, but I also have another problem: I really want to have an orgasm with normal sex. I can come if my boyfriend goes down on me or rubs me off, but it usually takes a long time. He’s wonderfully patient but I’m still frustrated with myself. I always feel like I’m almost there, but then we’ll have been at it for so long (two hours or so) that I dry up and it starts to hurt and the feeling is gone. Is there something terribly wrong with me?
Love,
Bad Dream, Bad Sex
Dear Bad:
There’s only one thing about you that really worries me, and it’s that you would ever imagine in your wildest dreams (and your dreams, you must admit, are pretty wild) that the perfectly normal way in which your sex life is unsatisfactory could have anything to do with your mother. I don’t think that the Oedipal (not the right word, but “Electral” doesn’t quite work either) dreams have any connection to your bisexuality either. Whatever’s going on with your feelings about your mother is way too fraught and Freudian for me to touch, but I’m willing to bet it has influenced neither your sexual preference nor your sexual performance.
As for coming during “normal” sex, well, you already are. Of course you’d like to reach orgasm during intercourse, but please understand that if you did so, you would be in the minority, hence no longer “normal” yourself. Relatively few women (the number is unknown but often reported at about 25 percent, which is probably too low, but it’s all we’ve got) reach orgasm purely through vaginal intercourse with no additional clitoral stimulation. This may seem unfair, but Mother Nature, admirable as she is in many ways, has never been known to play nice.
The feeling of getting “almost there” during intercourse is, regrettably, extremely common. It is also good news — if you’re almost getting there, there is at least somewhere for you to get to. My advice: quit the grim, goal-oriented grinding (two hours is really pushing it, guys), don’t let yourself dry out (there are many fine wettening products out there), and when the good feeling begins to fade, do something else. And no matter what happens — pay attention, this is very important — do not think about your mother.
Love,
Andrea
Dear Andrea:
I was rereading your column “Sister Act” and had a question. When I was maybe eight or nine, I’d play daddy and my sister would play mom. I don’t know where we got this idea, but sometimes I would get on top of her (clothed) and kinda grind away to orgasm. I think we both knew we weren’t supposed to be doing it, and if my parents came in, we’d quickly separate. So, is this at all normal? Also, is it normal that later as an adult I still desire her (I’m bi)? I’d never act on it, but I feel awful just for thinking it.
Love,
Sister Act II
Dear Sis:
I wrote a column called “Sister Act”? I wonder what it said? Probably something about how even socially unacceptable fantasies are harmless and, like ghosts and other apparitions, unable to affect things in the real world unless somehow incarnated, so don’t incarnate them. Something like that.
Playing house, including the weirdly gender-bound role-play and the not-so-innocent grinding, is indeed common and even normal. Most kids get up to this sort of mischief once or twice and nothing bad happens (of course there’s always that one kid who likes it a little too much). Cousins and next-door neighbors are the classic partners in crime, but siblings will do in a pinch, and to call this “incest,” let alone “abuse,” seems an unnecessary pathologizing of pretty harmless childhood exploration. This is all assuming that it stops at some reasonable age — preferably before puberty. It’s uncommon to even remember the game all that clearly, let alone long to go back and pick up where you left off.
In short, while there are many definitions of normal as applied to sex, none can fairly be said to include sex with your adult sister. There is nothing to be gained by feeling awful about it though. We’re not responsible for what we want, only what we do. Don’t do anything — that includes saying anything — and you really have nothing to feel guilty about. Weird, yes, but not guilty.
Love,
Andrea
Andrea Nemerson has spent the last 14 years as a sex educator and an instructor of sex educators. And she just gave birth to twins, so she’s one bad mother of a sex adviser. Visit www.altsexcolumn.com to view her previous columns.

District 6 sleaze

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EDITORIAL The fall campaign season has only begun, and already the District 6 race is getting really ugly. A downtown-funded operation, hiding behind anonymous mailers and front groups, is spending gobs of money to smear Sup. Chris Daly, and thanks to the city’s campaign-spending laws, Daly’s ability to fight back is limited. The whole mess points to a real problem in the way so-called independent-expenditure committees are regulated, and the supervisors and the Ethics Commission should take up the issue immediately.
Daly, who’s represented the district for almost six years, has offended a lot of people — including some of the city’s richest and most powerful interest groups. They tried to unseat him four years ago with no success, but this time around they have more money and a slimy, secretive strategy that appears to expose a loophole in local law.
The first salvo landed a few weeks ago: a slick, 22-page mailer called “The Case Against Chris Daly” that attacks him on almost every front. The hit piece is unsigned, so the people who received it have no way of knowing exactly who’s behind the message. And there’s no requirement that the sponsors register with the city’s Ethics Commission and reveal their source of financing.
It’s pretty clear, though, who produced and paid for the piece. The money is going through a group called Citizens for Reform Leadership #1, which was set up by downtown elections lawyer Jim Sutton, organized by SFSOS, and funded in large part by Republican kingmaker and the Gap founder Don Fisher. (Sutton has also established Citizens for Reform Leadership committees two through six, indicating that there’s more of this to come.)
The way San Francisco’s campaign-spending limits work, no candidate for supervisor can spend more than $83,000 — unless one of the other candidates breaks that cap. Then all rules are off. But that cap doesn’t apply to whoever put out the 22-page hit piece — in part because we don’t even know legally who it was. That means the SFSOS-Fisher crew can spend hundreds of thousands of dollars hammering away at Daly — and he can’t spend more than $83,000 fighting back.
The candidate who benefits most from this sewer money is Rob Black, a former aide to Sup. Michela Alioto-Pier who has the backing of Mayor Gavin Newsom and is by any account Daly’s most serious challenger. Black told us he has no direct connection to the hit squad — but he stopped short of promising not to engage in negative campaigning himself. And he’s certainly not going around town denouncing the anti-Daly sleaze.
That should change now. If Black wants to be seen as anything other than a pawn of Fisher, he should put out a formal statement calling on SFSOS and its allies to back off, quit the anonymous name-calling, and either come clean or stay out of District 6. So should every other candidate in the race. (The hotly contested District 5 battle two years ago was remarkably clean, in part because all of the candidates agreed not to accept this sort of nonsense.)
The Ethics Commission should launch a full investigation of this anonymous campaigning with the aim of exposing the forces behind it — and if the city’s current law doesn’t allow a ban on secret hit pieces, the supervisors should amend it today. Meanwhile, the commission ought to lift the expenditure limit for District 6; it’s not optimal, but in this case it’s only fair. SFBG

A vote on Oak to Ninth

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In just 30 days, the Oak to Ninth Referendum Committee collected the signatures of 25,068 Oakland residents who want a chance to vote on a massive development project that would bring 31,000 new homes to the Oakland waterfront. But the matter may never be on the ballot: on Sept. 6, Oakland City Attorney John Russo directed the city clerk to invalidate the petition because it didn’t conform to the requirements of state election law.
It’s likely that from a legal standpoint Russo’s determination is correct. Nevertheless, the decision exposes flaws in California’s election system that the state legislature should fix. In the shorter term, the Oakland City Council ought to recognize that there’s strong public sentiment for a referendum on the project and put Oak to Ninth before the voters.
It’s tough to force a referendum vote on an act of local government: you need to gather a significant number of signatures within 30 days of the passage of the bill — and there are no second chances. If the petition doesn’t meet every possible legal standard — and the standards are high, the rules complex — then the referendum is dead forever.
Erica Harrold, communications director for Russo’s office, told us she sympathized with the plight of Oak to Ninth foes and acknowledged that the current rules applying to referendum petitions are “draconian.” Russo, she said, is seeking reforms to the current system, including establishment of a new rule that would not start the 30-day period until the city provides a certified final version of an ordinance to petition sponsors. That was a key issue in this conflict: the Oak to Ninth Referendum Committee apparently had to rush to gather signatures to meet the deadline and for various reasons did not submit the version of the ordinance that Russo and the City Council consider the final draft (additionally, the committee did not include certain attachments to the ordinance that the City Attorney’s Office says were required).
The legislature should follow Russo’s suggestion and change the deadlines. It should also consider allowing petition sponsors to cure unintentional defects in their petitions.
State legislative reform can’t come quickly enough to remedy the current situation involving the Oak to Ninth petition. But the City Council can still act: it’s well within the authority of local officials to simply acknowledge the public interest in (and demand for) a citywide vote on a project that will change Oakland forever — and place the entire matter on next June’s ballot.
There’s no rush to break ground here — in fact, we’ve long argued that the project shouldn’t have final approval until the incoming mayor, Ron Dellums (who has expressed real concerns with the deal), takes office. Legal technicalities aside, the bottom line is simple: Oakland residents deserve a chance to be heard on Oak to Ninth. SFBG
PS Stop the presses: on Sept. 19, San Francisco City Attorney Dennis Herrera ruled that petitions demanding a vote on the redevelopment plan for Bayview–Hunters Point were invalid — on a legal technicality similar to the one that undermined the Oakland petitions. Again, Herrera may well be legally correct (and we’re under no illusions here — the referendum was financed in part by a private housing developer) — but when in doubt, the desire of the voters to weigh in on an issue should be paramount. The supervisors should determine whether it’s possible to put this plan on the ballot anyway.

EDITOR’S NOTES

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› tredmond@sfbg.com
None of the candidates for public office this year can beat the performance of a 2004 supervisorial hopeful who showed up at the Guardian office for an endorsement interview with a completely spaced-out homeless friend in tow. The candidate was talking rapid-fire for an hour, shifting effortlessly back and forth from his history as a welfare recipient turned bartender turned subject of a drug bust turned successful businessperson to his suggestions for public policy and proposals for improving the neighborhood. His pal was muttering the entire time, off in his own world, his random comments a kind of atonal counterpoint to the candidate’s high-speed pronouncements and reminiscences — until the would-be politician began to talk about the time years ago when the cops caught him with a bunch of LSD that wasn’t really his. Quite a bit of LSD. At the description of the inventory, the sidekick snapped out of his reverie for a moment and proclaimed, “That’s a lot of dose.” Then he was back to his own world.
The 2006 contenders are a much more predictable lot, generally speaking. But there have been some moments.
At the top of the list, I think, were Starchild, the Libertarian candidate for District 8 supervisor, and Philip Berg, the Libertarian for Congress, who came in together and told us that the city would be a much safer place if the entire populace were armed — not just with handguns but with AK-47s — and that the trouble-plagued Halloween Night in the Castro would be much more peaceful if everyone who attended had a weapon.
I’ve always wanted the rest of the world to be able to share these moments with us — Guardian endorsement interviews are great moments in policy formation and political debate, as well as high theater of the finest kind. Soon we’ll have them online, unedited — questions, answers, speeches (ours and theirs), fights, laughs … every moment, for your listening pleasure. Check www.sfbg.com for details.
We generally don’t record interviews with people who just come down to the office to chat and give us advice about the election, which is fair — but I want to share a really sad moment with you. Sarah Lipson stopped by at my request to talk about the SF school board race; she’s one of the best members of that often-dysfunctional panel, the kind of person who gives you hope for the schools and for local politics … and she’s not seeking reelection. She misses teaching, she told us, and that’s understandable — but she also said that it’s basically impossible for someone with kids who isn’t rich to devote perhaps 30 or 40 hours a week to the school board and still have a job on the side.
Thing is, the San Francisco Board of Education, which oversees a half-billion-a-year budget, is essentially a volunteer ($500 a month) gig. That’s a model from a very different era, and it doesn’t work anymore.
San Francisco is a hideously expensive place, a city where almost nobody can support a family on one income. Full-time volunteerism is an impossible burden, and it means people like Lipson — who is exactly the sort of person we want setting policy for the schools — can’t serve on the board. Either you punish your family or you don’t do the job you want to do.
Being on the school board is a full-time job. We need to pay these folks a full-time salary. SFBG

The terror of Prop. 90

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OPINION San Francisco could see an end to rent control — and minimum-wage requirements and a lot of zoning regulation and environmental protection laws and much more — if Proposition 90 passes this November. We could see an end to limits on condo conversions and an end to requirements that developers build affordable housing units and even an end to limits on the height and density of new developments. That’s because Prop. 90 is a clever trap that purports to restrict the use of eminent domain but in reality eliminates all government regulation of land use.
Prop. 90 really says little about eminent domain; it just uses the notion of restricting the ability of government to seize private land as the bait. Most of the initiative is aimed at ending all government regulation of property. Its concept is simple: if any government regulation reduces the actual or potential value of property — even by a dollar — then the government would have to reimburse the property owner the difference.
For example, if a landlord would be able to get $3,000 a month on the open market for an apartment but rent control limits what a long-term tenant has to pay to $1,500, then the landlord would be able under Prop. 90 to sue San Francisco for the difference. Think about that: about 200,000 rental units in the city are under rent control. Say the average difference between the market rent and the rent-controlled amount is $500 per month. That would mean landlords could collectively sue San Francisco for $200 million each month, or $2.4 billion each year. Since San Francisco obviously can’t afford to put half its annual budget into compensating landlords, there would be no choice but to repeal rent control.
Landlords would also be able to sue for the difference between what their buildings are worth as rental properties and what they are worth as condominiums. Any property owner denied the ability to convert to condominiums could then sue for that difference in value. Since a property subdivided into condos is worth about 50 percent more, this bill would be huge.
The list of disasters goes on and on. If a developer is required to make 15 percent of the units in a housing project affordable, then the developer could sue to make San Francisco pay for the lost income. If zoning laws limit heights in a neighborhood to three stories but a developer wants to build a 10-story condo tower, the developer could sue the city for the lost value of those seven stories of condos.
And it’s not just land-use and tenant protection. The city and the state both have minimum-wage laws; potentially, every business owner could sue to demand compensation for the loss of income that came from mandating higher wages than the market might have allowed. That would be the end of minimum-wage laws. Environmental protection and mitigation could face the same fate.
Prop. 90 is by far the worst measure on this year’s ballot; in fact, it’s the worst measure to come along in quite some time. It’s a plot by right-wingers to gut the ability of government at any level to force businesses and property owners to accept even basic standards of behavior in the name of the public good. The measure hasn’t gotten a whole lot of media attention, but defeating it should be a top priority for every decent Californian. SFBG
Ted Gullicksen
Ted Gullicksen is director of the San Francisco Tenants Union.

Mall of the metaverse

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› culture@sfbg.com
Suzanne Vega is waddling across the screen. Well, not the real Suzanne Vega but the quiet folk singer’s digital avatar on SecondLife.com. On Aug. 3, she — or it — claimed the proud position of being the first digital representation of a major-label pop star to give a concert in cyberspace. After an interview with public radio host John Hockenberry, she sings an a cappella version of her ’80s hit “Tom’s Diner,” then awkwardly straps on a guitar and plays a set for attending Second Lifers, members of the popular online virtual world.
Whoever’s controlling the Vega avatar hasn’t quite got a handle on her yet — unless the ungainly swaying is supposed to indicate that she’s had one too many. And the audience of online gamers, whose avatars you can see bobbing their virtual heads in the bleachers, barely reaches a total of 100. Some of them are also bald and unaccessorized: the avatar-attendees were instructed to remove all extraneous attachments — including hair — to reduce server lag time. But it’s a lovely sounding, intimate event all the same and fitting for Vega. Kids these days might not know her music, but the Grammy winner is renowned as the “mother of the MP3” — “Tom’s Diner” was used by a German engineer to invent the MP3 format.
The Vega concert is just the first in a series that Second Life is launching. Duran Duran, the first artists to use location shooting and Macromedia Flash in a music video, have just announced they’ve purchased an island resort in Second Life and will be the first band to perform live online through their avatars. Just think: the right code could take their hairstyles higher than Aquanet ever did. For more contemporary music fans, rapper Talib Kweli is also slated to make an online appearance. Along with violence, sex, and role playing, live concerts are finally being translated into moving pixels.
Online virtual worlds are nothing new. Massively Multiplayer Online Role Playing Games (MMORPGs) have been around since the early ’90s and are rooted in games that have been around since the ’70s (yeah, like the one with the 20-sided die). So when San Francisco–based company Linden Lab created Second Life, a virtual 3-D world (or “multiverse,” coined in Neal Stephenson’s 1992 sci-fi smash novel Snow Crash) now inhabited by some 550,000 residents, it had a firm jumping-off point. But while other MMORPGs concentrate on hunting and killing or solving elaborate puzzles, Second Life tries to replicate everyday experiences: shopping, hanging out, scoring a dream job, meeting new people. It’s a Sims-like experience in real time.
And it involves real money. The most staggering aspect of Second Life is its economy. Users are dropping actual ducats in exchange for clothing, real estate, cocktails, and even skateboards for their virtual representations. The currency of Second Life is called a Linden dollar — L$300 equals roughly US$1. During June alone, over US$5.3 million were spent on goods and services within Second Life. The SL digital continent is the size of metropolitan Boston — that’s a lot of virtual strip malls. At the current growth rate, Second Life projects 3.6 million users by the end of next year. Big-name businesses are starting to take note.
American Apparel was among the first “meat space,” or real-life, businesses to set up shop in the virtual world. Its SL flagship store sells clothing for avatars — at around L$300 a pop for T-shirts. And of course, no AA outlet would be complete without virtual billboards of half-naked avatars. The Adidas group just announced that it will begin selling footwear for avatars. W Hotels is opening Aloft, a virtual hotel. “As the population increases, I could see direct revenue, so long as we constructed experiences that mimicked the world that is Second Life, such as a browsable record store, not just banner ads,” says Ethan Kaplan Sr., director of technology at Warner Bros. Records.
And because a captive virtual audience offers a wonderland of name-brand recognition opportunities, celebrities are starting to take note as well. “Every celebrity who presently has a MySpace profile will eventually have an avatar on Second Life. A MySpace profile is an avatar,” says Reuben Steiger of Millions of Us, whose company snagged a contract with Toyota to offer a virtual edition of the Scion xB to SL residents. (A dealership is in the works.) Imagine a world where you can walk up to Paris Hilton in a bar and buy her drinks until she starts dancing on the tables. OK, so maybe that isn’t so hard to imagine, but in Second Life you can get a job as a bouncer and throw her drunk ass out. The future is now.
In an unsurprising development for an interactive game, some users are starting to chafe at the überconsumerist direction Second Life’s taking. Recently, a faction of residents calling themselves the Second Life Liberation Army entered the American Apparel store, pixel guns ablazin’, to prevent other residents from buying goods. The “terrorist attack” wasn’t intended to scare first-world business away though; rather, the SLLA wanted the citizens of Second Life to have a vote in Linden Lab’s business operations. But maybe some good ol’ rock ’n’ roll rebellion has been beamed up along with the live concerts. SFBG

Mural as magnet

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› gwschulz@sfbg.com
Stretched across the west wall of the New Santa Clara Market in the Lower Haight is a full 15 by 45 feet of political controversy, in both its intended content and the fact that it has become a magnet for graffiti.
Located on the southeast corner of Haight and Scott streets, Positive Visibility, as the mural there is titled, shows women suffering from the symptoms of HIV-AIDS. It was completed in 1995 by an artist named Juana Alicia, who learned her craft in part from two former students of painter Diego Rivera.
Reflecting a somewhat surreal departure from Rivera’s own direct imagery, Alicia’s painting (finished with help from other HIV-AIDS activists) contains a multitude of pastel colors applied in vigorous brushstrokes. In one segment, a tattooed drug addict accepts a clean needle from a needle-exchange worker. Another woman nearby wears a shirt with the queer pink triangle and the phrase “silencio = muerte.” Three pig-faced corporate drug execs guard a prescription bottle, and a woman is kicking one of them directly in the face. Slivers of broken mirrors create a mosaic across the mural’s top center. Affable skeletons celebrate el Dia de los Muertos.
The message: women contract HIV too. It’s not unlike the hundreds of other politically charged murals most San Franciscans are proud to have coloring the city. But currently, Positive Visibility faces a cruelly ironic fate; it’s half covered in a red paint used by the building’s owner to rub out graffiti while awaiting a complex decision about how and when to restore it.
Alicia, who now lives in Mexico and has taught arts education and community organizing for 25 years, has also completed major pieces in the Mission District and at the San Francisco International Airport and the UCSF Medical Center. (She did not respond to an e-mailed list of questions.)
The problem is that Positive Visibility has been plagued by graffiti since it was completed — not spray-can lettering so much as haphazard markings. The entire bottom has been covered at times, sending neighbors into a furor and attracting citations to the owner of the building from the San Francisco Department of Public Works. Some of the graffiti has targeted the content of the mural in the form of angry expressions that the piece is antimale. One resident said she’d prefer that any existing mural at the spot reflect “the neighborhood’s vitality.”
“It’s been very controversial,” said Marc Shapiro, who lives nearby on Waller Street. “Some people want the mural. Some people don’t. I didn’t care what happened as long as somebody would maintain it…. The street has been so terrible for the last 10 years, you know. Nobody was maintaining the mural. So we had to live in a neighborhood with all of this horrible graffiti.”
The Neighborhood Beautification Fund under then-mayor Willie Brown put up $8,000 to restore the mural in 2000, an effort that included several layers of what was supposed to be a special graffiti-proof varnish. It wasn’t enough, and the graffiti continued.
“The final straw was when there were swear words — ‘Fuckin’ bitch,’ ‘asshole,’” said the building owner’s son, Suheil Alaraj. “The neighbors were, like, ‘We have children. We can’t keep walking across the street and bypassing this.’” Shapiro added that sometimes attackers would throw entire buckets of paint on the mural.
Alaraj called Alicia last year to see if she’d be interested in restoring it again. But the talks broke down and Alicia, he says, threatened to sue him if he painted over the mural completely. Exasperated, he called Sup. Ross Mirkarimi, whose district includes the Lower Haight, looking for suggestions on what to do. His office convinced Alicia to allow the Mission-based muralist collective Precita Eyes to restore the piece. Nonetheless, finding money for the project took several months. Some of the funds again came from the mayor’s beautification fund.
“Basically, they took such a long time,” Alaraj said. “They could have had it up six months ago, restored. They were waiting for this, waiting for that, waiting for this. [The graffiti] kept getting worse and worse. Once there’s tagging on it and you don’t do anything about it, people feel it’s a free-for-all. It just got out of control.”
Three months ago he decided to paint over the bottom, which was hardest hit with graffiti. Each morning he’d go back with a paintbrush until finally, about two months ago, the graffiti ceased.
Mirkarimi aide Regina Dick-Eudrizzi told the Guardian that due to a misunderstanding about covering the graffiti, Alaraj used the red paint instead of white, which would have made restoring the mural easier. The red paint doubled the costs, and only recently did Mirkarimi’s office and Precita Eyes manage to come up with the $10,000 necessary to complete the restoration. There’s a possibility that Precita Eyes could re-create the mural at a new spot, rather than restoring it at its current location. SFBG

Discovering the formula

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› amanda@sfbg.com
San Francisco has a thing for local businesses. From Chinatown to Hayes Valley, the dozens of distinctive neighborhoods that constitute this city have for the most part maintained their individuality with one-of-a-kind, locally owned places to shop, snack, and seek services.
While many cities and small towns across the country have succumbed to the sprawl and homogeneity of chain stores, some have resisted, even in the face of lawsuits and wily campaigning from megaretailers. Big corporations including Wal-Mart, Home Depot, and Target are combating restrictive municipal legislation with their money, pouring millions into local political races and flying in paid signature gatherers for ballot referenda.
“They’re spending $100 per vote in some cases,” Stacy Mitchell told the Guardian. Mitchell is the author of Big-Box Swindle and a senior researcher for the New Rules Project, a subsidiary of the Institute of Local Self-Reliance, which tracks legislation against formula retail.
“They’re getting mixed results,” she said, which means sometimes the big boys lose, like in the multiyear battle with Inglewood that sent Wal-Mart walking. But more often than not, the formula retailers win.
Take Chicago as a recent example: Mayor Richard Daley overrode city councilors and issued his first veto in 17 years, against legislation that would have required large retailers to pay a living wage to employees. Councilors hoped to trump the mayor with another vote, but at the last minute three councilors switched positions to side with Daley.
“I still don’t understand how it happened,” said SF supervisor Tom Ammiano, who flew into Chicago to speak in favor of the legislation. He told us the city was behind it, though opponents were arguing that low-income people needed the option to work and shop at Wal-Mart and it was discriminatory to not allow the store to move into the city. “They played the race card. It was obvious they were people on [Wal-Mart’s] payroll.”
In the week since the veto, Wal-Mart has already swooped in with several site proposals for the first 20-acre megamart in Chicago. It’s stated an eventual goal of building 20 stores in the Windy City. Could Wal-Mart spite San Francisco just like it did Chicago?
Since 2004, San Francisco has operated with the Formula Retail Ordinance, designed to preserve “the city’s goal of a diverse retail base.” This isn’t an outright ban, but it makes the application and review process more arduous for formula retail. The ordinance defines formula retail as any chain with 11 or more outlets that offer standardized services or mimic one another in decor, architecture, and practices (like Starbucks, the Gap, and Wal-Mart, to name an infamous few).
The relevant legislation, Section 703.3 of the Planning Code, reads like it was penned by a Norman Rockwell acolyte and cites such businesses as generally undesirable, granting neighborhoods the right to be notified of potential chain store proposals. While the legislation allows neighborhoods to create their own stricter legislation, it also grants them the right to accept a chain into the fold, which is a pretty big loophole.
So far, most neighborhoods haven’t been welcoming. A battle in North Beach over Home Depot resulted in an outright ban of all formula retail in the neighborhood. Hayes Valley followed suit. Conditional use permits in western SoMa, Cole Valley, and Divisadero from Haight to Turk add an extra layer of scrutiny to the planning process when a Starbucks or Target want to set up shop. Potrero Hill–Showplace Square is the next in the trend, with a 12-month interim conditional-use period and a more permanent restriction on the way. That restriction was introduced by Sup. Sophie Maxwell, approved by the Land Use and Economic Development Committee, and headed to the full Board of Supervisors for initial approval Sept. 19 after Guardian press time.
Maxwell’s legislation could become moot this November if voters approve Proposition G, the Small Business Protection Act, which would extend conditional-use permitting to the entire city, making any proposal from a chain store subject to public hearings and an arduous Environmental Impact Review at the expense of the applicant, not the city.
Dozens of counties and municipalities have enacted similar ordinances around the country in response to the track records of megaretailers. Public criticism is mounting against corporations such as Wal-Mart and Home Depot for drawing the shopping masses by reducing prices to quash smaller competitors and for pulling profits out of communities instead of keeping them local, as small businesses tend to do.
But the chain stores aren’t just rolling over.
“It’s happening in enough places that it’s reached a point where they’re feeling nervous about how it’s affecting their growth,” Mitchell said about the retail giants. Her organization has been assisting communities for several years in drafting legislation against formula retail and is seeing some of that legislation undercut by voracious chain stores. Wal-Mart, the most notorious foe, dumps thousands of dollars into local election races. The tactic is especially evident in California.
“Wal-Mart spends more in California than anywhere,” said Nu Wexler, spokesperson for Wal-Mart Watch, a Washington-based organization with hawk eyes on the company. “They have active lobbying in all 50 states, but California is a particularly important market for them.”
He attributes that to the state’s status as the sixth-largest economy in the world. In 2002, Wal-Mart promised to open 40 supercenters in the state within four to six years. As of October 2005, only six had been opened. “They’re fighting expansion battles all over the country, but they’re having an especially difficult time in California,” Wexler said. Inglewood, Turlock, and Hercules have all recently dodged Wal-Mart.
But several other cities have not, despite protective measures, and in the last year 12 more supercenters have opened in California, bringing the grand total to 19.
Contra Costa County, apropos of no immediate threat, passed a 2003 ordinance prohibiting “big box” stores over 90,000 square feet. In response, Wal-Mart dumped more than $1.5 million campaigning for a measure overriding the ordinance on the next available ballot. In 2004, the ordinance was overturned by 54 percent of voters.
Four years of fighting in Rosemead resulted in two city council shake-ups, with a recall election of two council members set to be decided this week; a possible Brown Act violation when city officials approved a permit for Wal-Mart during a meeting when it wasn’t on the agenda; and multiple lawsuits from both sides. Wal-Mart spent $200,000 campaigning and dropped another $100,000 in local charities to spread some good cheer. It worked: doors opened at a new supercenter Sept. 18.
Last August, a Wal-Mart opened just across the bay in Oakland even though the city already had a ban on big-box retail larger than 2.5 acres. Spurning the city’s provincial laws, Wal-Mart found real estate regulated by the Port of Oakland — which, similar to San Francisco’s port, is outside the city’s jurisdiction and not subject to local ordinances.
“It was passed in a backroom deal with the port before the city could have any public hearings,” said Adam Gold, a spokesperson from Just Cause Oakland, a local group that opposed the store. “It made it difficult to resist it. It had already been approved.”
At the state level, Governor Arnold Schwarzenegger recently vetoed Senate Bill 1414, introduced by San Francisco’s state senator Carol Migden, which would have required employers with more than 10,000 workers to put 8 percent of total wages toward health care. Not a surprise: Wal-Mart’s Walton family dropped more than half a million dollars into electing the governor, with a most timely donation of $250,000 last year on the very day he vetoed legislation aimed at Wal-Mart that would have required businesses to disclose when employees use public health care services.
Two other bills, SB1523, requiring environmental impact reports and public hearings for the construction of stores larger than 100,000 square feet, and SB1818, allowing cities to recover legal fees when sued by big-box retailers, sailed through the legislature but are currently festering on the governor’s desk.
Is it all enough to protect San Francisco? Can the city keep mom and pop on the corners and resist the commercialism that has made a city like Emeryville the mall that it is today?
Maxwell, who pushed the recent legislation for Showplace Square and Potrero Hill, hopes so. “I’d rather have the position of them on the offense than the defense,” she said of potential retail applicants. When asked if the city codes are strict enough, she said, “If not, I’d be willing to put forth the legislation that is.”
As for the idea of Wal-Mart coming to town, the District 10 supervisor was nothing if not firm: “No, no way. Not in San Francisco.” SFBG

Redefining radicalism

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› news@sfbg.com The Ella Baker Center for Human Rights has a 10-year history — which it marked Sept. 14 with an anniversary gala in Oakland — of aggressive opposition to police abuse, racism, economic injustice, and the get-tough policies that have created record-high incarceration rates. Those problems have only gotten worse over the last decade, despite some significant successes by the group in both Oakland and San Francisco. But these days, founder and director Van Jones sounds more like a hopeful optimist than an angry radical. “When we first got started, our politics were more about opposition than proposition,” Jones told the Guardian. “We were more clear what we were against than what we were for.” An organization once prone to shutting down the halls of power with sit-ins is now working on prison reform legislation, doing antiviolence public education campaigns, and promoting the potential for a green economy to revitalize West Oakland and other low-income communities. “Now, I’m in a place where I want to see the prisoners and the prison guards both come home and get some healing,” Jones said. Some of that transformation comes from Jones’s evolving critique of progressive political tactics, which he has come to see as ineffective. “Our generation would be better if we had a little less New Left and a little more New Deal.” But the change was also triggered by a personal epiphany of sorts following his unsuccessful effort to stop the passage in 2000 of Proposition 21, which sent more minors into the adult correctional system. “I went into a major depression and I almost quit being an activist,” Jones, an attorney who turns 38 this month, told us. “It was a very personal journey, but it had a big impact on the Ella Baker Center.” The change has made allies of former enemies, like radio station KMEL, which was vilified for selling out the Bay Area hip-hop culture after Clear Channel Communications purchased the station, but which is now helping the Ella Baker Center spread its antiviolence message. The center has also attracted a new breed of employees to its ranks of 24 full-time staffers, people like communications director Ben Wyskida, who moved here from his Philadelphia communications firm last October. As he told us, “What drew me to the Ella Baker Center was this message of hope.” Jones has a critique of the problems and those in power that is as radical as ever, noting that authoritarians have taken power and essentially dismantled our democratic institutions. But he’s moved from diagnosis to prescription, telling us, “I think the ‘fuck Bush’ conversation is over.” His new approach hasn’t always gone over well with his would-be allies. Environmental groups including Greenaction boycotted Mayor Gavin Newsom’s photo-op posturing during World Environment Day last year, and they were critical of Jones for validating the event and using their absence to grab the media spotlight for his green economy initiatives. But Jones tells us he doesn’t get rattled by criticism that he’s playing nice with the powerful because he remains committed to helping the underclass. “The most important thing is to know who you’re for and know your history.” And if the group’s 10th anniversary black-tie celebration in the Oakland Rotunda was any indication, the Ella Baker Center has more support now than at any other time in its history. The guest list for the event was a veritable who’s who of every major political, grassroots, and environmental organization on the West Coast. Guests included Code Pink cofounder Jodie Evans, Mother Jones publisher Jay Harris, and actor-activist Danny Glover. “Radical means root — that’s what we have always been addressing,” Jones told us at the event. “We used to spend a lot of time pointing out the hurt in the community. Now we connect the points of hope.” To Jones, hope means tying the need to save the planet from global warming to the need for economic development in Oakland. “Let’s make it into job opportunities for poor people and build a green economy strong enough to lift us out of poverty. That’s hope. We want to take people out of the prison cells, into solar cells.” Jones’s allies see him as a silver-tongued visionary, a lighting rod who can bridge movements with apparently differing agendas. Activist Julia Butterfly Hill, a longtime friend and political ally of Jones, told us at the event, “Van shows he cares and he’s human, and he puts himself out there on the line. That’s why you saw this coming together. This is the voice, this is the conversation that the planet is literally dying for, and I really mean sick and dying for.” The evening, a spirited celebration of hope and achievement, gave influential friends a chance to size up where the group has been and where it’s headed. As Harris of Mother Jones told us, “Van is a big thinker. He really engages people’s imaginations in terms of what could be. There’s one way, which is to fight against the system. Van’s way is to reimagine the system.” There to bless the event, Glover warmly heaped his own praise on Jones by comparing him to the Civil Rights Movement worker who is the organization’s namesake. “When I think of Ella Baker and what she stood for, Van carries on that work, and I think that’s vital. We envision ourselves through the women and men that set a certain standard. Van sets a certain standard.” SFBG www.ellabakercenter.org

Death by satire

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› annalee@techsploitation.com
TECHSPLOITATION In honor of George W. Bush’s efforts to stop torture by setting up secret CIA prisons and promote freedom by expanding government surveillance powers, I think we should spend a few days contemputf8g another great thing this administration has done for the world: it has reinvigorated political satire.
What was The Daily Show before the USA PATRIOT Act? And where would international pranksters the Yes Men be today without this administration’s asshattish policies?
Thanks to the Internet, satire can be instant and lethal. Certainly it’s not always pretty, but it’s more effective as social criticism than it was in an era before jesters could respond within hours to current events and broadcast their pranks globally.
I’m still a big fan of the widely condemned fake execution video made by three San Francisco multimedia geeks in 2004. Benjamin Vanderford, who plays experimental music in several bands, decided to make the video in response to the media hysteria around the Nick Berg execution video. He’s said that the video wasn’t a partisan protest of the war itself, but instead a wake-up call to the media, which he criticized on his Web site (videohoax.ctyme.com) for doing “no fact-finding” and being so “centralized” that they’ll reprint anything from Reuters or the Associated Press without verifying it.
With the help of Laurie Kirchner and Robert Martin, Vanderford filmed himself tied up in a dingy room as if he’d been kidnapped in Iraq. He stated his real name and address and urged the United States to get out of Iraq. Islamic chants played in the background, and every few seconds a picture of a grisly execution appeared. “We need to leave this country alone or all of us will die like this,” Vanderford said before the video cut to a grainy image of somebody sawing his head off with a butcher knife.
He and his buddies made the video available on their hard drives to anyone using the P2P networks Kazaa and Soulseek. Because the Berg execution video was all over the news, thousands of people were scouring P2P networks for anything with the word “execution” in the title. The video soon turned up on an Islamic Web site, which is how the US media got wind of it. AP and several papers published stories about the video without ever bothering to look up Vanderford, verify his existence, or check the address he used in the video (which was his real home address).
Sure, the message was ugly and the video is actually quite disturbing to watch. But it was the very best kind of social satire — it proved Vanderford’s point that the media were so eager to lap up any news that could feed the terrorism frenzy that they weren’t bothering to do even the most rudimentary fact-checking. Of course, the news outlets whose shoddy practices had been unmasked by this prank were quick to condemn Vanderford and cover their asses. Fox ran a bogus segment featuring a “legal adviser” who said Vanderford had broken the law (he hadn’t), and AP deputy editor Tom Kent claimed that his organization did eventually check the veracity of the tape by “banging” on Vanderford’s door at 4 a.m. and filming him in his underwear answering questions about the hoax (you can see clips of this seminaked interview online).
Possibly the stupidest responses to the hoax came from people who claimed that it hurt people and therefore Vanderford and pals should be punished. Stanford professor of communications Ted Glasser told the San Jose Mercury News that releasing the video was “like bombing a building to see if security measures are in place.” Despite the foolishness of this comment, it reveals how strongly people are affected by well-aimed satire.
I’d rather watch a dozen fake execution videos if it would make the media more careful about buying into government and corporate propaganda. I live for the day when satire is like bombing a building — because nobody actually bombs anyone anymore.
See, that’s the beauty of satire — it hurts, but only in your conscience. SFBG
Annalee Newitz is a surly media nerd who can’t wait to watch videos of the Yes Men masquerading as HUD officials in New Orleans.

If once, then always

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› andrea@altsexcolumn.com
Dear Andrea:
I started dating this guy (I am a girl) about six months ago. I knew he had a girlfriend in another country. I knew it was wrong, but he was only going to be in town for a few months. We ended up really falling for each other.
So the time came for him to leave, and I thought that would be it. But then he told me that he broke up with his girlfriend as soon as he got home. He flew back to visit, and we started talking about the long term.
Then it all crashed. He told me he was having doubts, he was feeling very guilty, and he was really in love with me but was confused. At first I was angry — but I really care about him and want him to be happy. I told him to do whatever was right for him, that I still loved him, but he needed to figure out what he wanted, and I couldn’t be strung along forever.
Now he says he’s made up his mind. He’s coming back. I’m worried I won’t feel secure now. Not only did this whole thing start as a lie (he was cheating — he says he’d never cheated before, but still), but now I fear I’ll always worry that he’ll think he made a mistake. Is there any way this can be salvaged? Can honesty and communication eventually smooth things over, or was this relationship doomed from the start?
Love,
Hopeful
Dear Hope:
Just to be perverse, I’m going to take up against the legion of advice columnists (and friends and bartenders and busybody neighbors …) who nod sagely and intone, “If he’ll cheat with you, he’ll cheat on you.” Sure, a bounder is a bounder and a rat is a rat, but can people not change? If you prick a bounder, does he not bleed? (OK, that last bit didn’t make any sense, but it sounded good, didn’t it?). In most cases, sure, a cheater who doesn’t cheat again is merely a cheater who hasn’t been caught, but — surprise! — people aren’t perfect. Sometimes we make mistakes, like hooking up with the wrong person for the wrong reasons, and sometimes only more bad behavior will remedy the situation.
The smug fatalism of “once a cheater always a cheater” depresses me. It’s like when the HIV counselor insists that you can never be sure your partner is monogamous, you only know he says he’s monogamous. Oh, shut up, Cassandra. I do too know, so butt out. Sometimes it’s just necessary to take a leap of faith, although not, of course, without looking where you’re going. It’s entirely possible that, having extricated himself from the wrong relationship and inserted himself into the right one, our boy will never look back nor stray again. Don’t kid yourself, though, that there’s much you can do to ensure this. If he is the cheating kind or easily bored, there is no level of devotion, no intensity of attention, and no righteous excellence of blow job guaranteed to keep him home.
By the same token, don’t count on honesty and communication to smooth things out. As relationship guru John Gottman has persuasively demonstrated, it’s not the communication style that makes or breaks a relationship, it’s what is actually being communicated. The ratio of “positive interactions” (sharing jokes and happy memories, saying “thank you”) to negative ones — according to Gottman — can predict success or failure far more accurately than the use of “I” statements ever could. (“I want to leave you” is an I statement; “No sane person could live with you” is not.) Whether a couple can improve their relationship by upping their ratio of positive to negative interactions is still in question. Maybe happy couples simply have a high positivity ratio to begin with. Either way, though, it isn’t the honesty that predicts success, it’s the positivity.
If his adventure with you does represent his one and only episode of cheating, and if the ex is really ex and was never the right girlfriend for him in the first place, and if he not only knows how to make up his mind but keeps it made up, I’d be inclined to give you decent odds. It should go without saying, although I will say it anyway, that taking a chance on love is a pretty good song but don’t quit your day job or sell your house. And if by chance you have a farm, don’t bet that either.
Love,
Andrea
Andrea Nemerson has spent the last 14 years as a sex educator and an instructor of sex educators. In her previous life, she was a prop designer. And she just gave birth to twins, so she’s one bad mother of a sex advisor. Visit www.altsexcolumn.com to view her previous columns.