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More than a memorial

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When Mayor George Moscone and Sup. Harvey Milk were assassinated in their City Hall offices on Nov. 27, 1978, San Francisco changed in innumerable ways. Among those ways is the city lost two of the leading progressive advocates for renters and affordable housing ever elected here.

Today, as San Franciscans mark this tragedy with their annual memorial march, organizers and activists have broadened and elevated the event by enlisting the support of 20 community organizations now doing work to combat the eviction, gentrification, and affordable housing crises that are gripping the city.

“We wanted to make this even more than just a candlelight vigil,” David Waggoner, one of the organizers of the event, told the Guardian. “We want to use this time to remember Harvey and George’s legacy in really fighting for the underdog.”

He noted that attendance at the march has waxed and waned from year to year, but the coalition putting this one together promises to have a strong turnout this year because of the surging progressive activism around housing issues and the need to organize the community to save the soul of the city.

“There is very little to stop what’s happening with the rapid gentrification,” Waggoner said, but he also noted, “By building coalitions, the same way Harvey and George did, we can fight.”

“We’re not only honoring the history of Harvey Milk and George Moscone, but we’re honoring their legacy by making them relevant today,” Brian Basinger, head of the AIDS Housing Alliance/SF, told us. “The Milk March is going to be very exciting. We have over 20 community groups invited and helping us put it together.”

Basinger said the progressive activism will continue through the 25th annual World AIDS Day on Dec. 1, and that participants in both events will be asked to present their demands to the city for dealing with the AIDS and housing crises. That list will be presented at City Hall during a noon rally on Dec. 2.

He said that affordable housing issues are LGBT issues given that nearly 30 percent of the city’s homeless population identifies as LGBT, while that identification makes up just 15 percent of the overall city population.

“Those of us who are lucky enough to talk to the folks who knew Harvey remind us that it’s about coalition-building,” Basinger said, noting that many of Milk’s contemporaries are now being forced to leave the city by evictions or economic displacement.

One voice from that era who is still around and active is gay activist Cleve Jones, who was an intern in Milk’s office at the time of the assassination and wrote a poignant guest editorial in the Nov. 21 issue of the Bay Area Reporter about what Milk and Moscone advocated.

“They fought for renters, honored labor, and built coalitions to connect, not divide, us from each other,” Jones wrote. “They would, I’m sure, be pleased by the progress that has been achieved on some of the issues they cared about. But they would be alarmed by the growing chasm between rich and poor, they would be angered by the evictions of the elderly, disabled, and people with AIDS. They would be fighting to keep City College open and they would be outraged by the violence and despair experienced by so many in our city’s neighborhoods.”

Organizers of the event say they think this is just the kind of memorial that Milk and Moscone would have wanted.

“We want the housing crisis to be front and center,” Waggoner said. “We want this to be a time for people to connect with the legacy of Milk and Moscone in a very direct way.”

The march begins at 7pm in Milk Plaza, Castro and Market streets, and continues with a rally outside City Hall.

 

Parents under pressure

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 In recent weeks, the San Francisco Unified School District held a series of community forums to ask parents what they think kids need in order to thrive in school. The meetings were held as part of a policymaking process leading up to next year’s renewal of two important funds — the Children’s Fund and the Public Education Enrichment Fund, which account for some $100 million in funding combined.

There were huge turnouts — a Chinatown forum, where Mayor Ed Lee was reportedly in attendance, attracted more than 180 participants, while a Nov. 14 meeting at Cesar Chavez Elementary in the Mission District drew a crowd of between 80 and 90.

The parents weren’t exactly asking for more museum field trips for their kids. During breakout sessions where facilitators wrote group members’ concerns on flip pads, a few recurring themes emerged. “Job security for parents,” one read. “Affordable housing,” another stated. “It’s a shame to have to talk about lack of funds given wealth and corporations in SF,” more parent feedback stated.

Maria Su, director of the San Francisco Department of Children, Youth and their Families, thanked parents for coming and told them, “We know how hard it is and how challenging it is to survive in the city. But that doesn’t mean we should give up.”

The whole exercise provided a glimpse into just how tough it is for families to get by in a city where a hefty cost of living amounts to serious pressure. “The sacrifices they make is, their children will have access to resources you can’t get anywhere else,” said Mario Paz with the Good Samaritan Family Resource Center, who works with a lot of Latino immigrant families.

A report digesting the findings of stakeholder focus groups boiled it down. “Many participants commented on … the extraordinarily high cost of living in San Francisco,” it noted, which “contributes to both financial and emotional strain on the part of our many working class and lower income residents.” 

 

Eviction epidemic spurs legislative solutions

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Tenants, organizers and residents impacted by Ellis Act evictions packed the Board of Supervisors Chambers at San Francisco City Hall Nov. 14 for a hearing on eviction and displacement in San Francisco. As more and more residents face ousters only to be priced out, lawmakers and advocates are floating legislative fixes to try and reverse the trend before it reaches the soaring levels of the displacement epidemic that impacted the city during the first dot-com boom.

“It seems to me that we have a tale of two cities,” Sup. David Campos, who requested the hearing, said at the start of the discussion, held at the Board of Supervisors’ Neighborhood Services and Safety Committee. “We must act urgently to address this crisis, which I believe is a crisis,” he added. “We are fighting, I think, for the soul of San Francisco.”

Fred Brousseau of the San Francisco Budget and Legislative Analyst’s office shared his recent analysis on eviction and displacement trends across the city.

Overall evictions in San Francisco rose from 1,242 to 1,716 over the past three years, he said, reflecting an increase of 38.2 percent. Ellis Act evictions rose by 169.8 percent in that same time frame.

Almost 42 percent of individuals impacted by eviction had some form of disability, Brousseau noted, while 49 percent had incomes at or below the federal poverty level. On the whole, a total of nearly 43 percent of San Francisco households are “rent-burdened,” a term that officially means devoting more than 30 percent of household income toward rent, the study found.

Ted Gullicksen of the San Francisco Tenants Union emphasized that tenant buyouts, frequently offered in lieu of an eviction, are also driving displacement, although those transactions aren’t reflected in city records. “There are about three of them for every Ellis Act eviction,” he said. “When you consider them in combination with Ellis, the numbers are very dramatic.”

Throughout the afternoon, tenants shared their stories and fears about getting frozen out of San Francisco by eviction. “I’m looking at shopping carts, and I’m terrified,” one woman told supervisors during public comment. “You have to do something. It might not be enough for me right now, but you can’t do this to any more people.”

Campos is working with Assembly Member Tom Ammiano on a proposal to grant San Francisco the authority to place a moratorium on Ellis Act evictions. He’s also pursuing legislation that would create a mechanism at the San Francisco Rent Board to allow tenants to register formal complaints about landlord harassment and other kinds of pressure.

“I am eager to introduce a bill in January,” Ammiano noted. “One option might be a law that will allow the local jurisdictions, like San Francisco, to suspend the Ellis Act or establish a moratorium, because of the emergency housing situation. Another possibility is working to make sure that landlords are not skirting Ellis eviction requirements by improperly pressuring tenants to leave. We must do something, but we have to work together to make it successful.”

Meanwhile, Mayor Ed Lee recently announced that he is working with Sen. Mark Leno on legislation to curb Ellis Act evictions by requiring additional permits or hearings before they proceed. They’re also contemplating floating more stringent regulations on the sale and resale of properties where tenants have been evicted under Ellis.

At the end of the day, it’s clear that housing advocates are gaining momentum as the spike in tenant ousters continues in pricey San Francisco, where rents are the highest in the nation.

 

After Prop 30, What’s Next? Reform Prop 13.

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By Matt Haney

Proposition 30 was a big deal: It raised over $6 billion a year by increasing taxes on the wealthy, balanced the state budget, and allowed our K-12 and higher education systems to put an end to mass layoffs, exploding class sizes, and ballooning tuition.

But one year later, it’s about time we ask ourselves: What’s next?

Even after Prop 30, the under funding of education and essential services remains, with California still near the bottom nationally in K-12 per pupil funding. Prop 30 was a step forward, but we all knew that we ultimately would have to take on the “Godzilla” of California tax policy: Proposition 13.

Since its passage in 1978, Prop 13 has decimated public education and essential services in our state. Per pupil support in California plummeted from top 10 in the nation to bottom 10, and the tax burden shifted away from businesses and onto individuals. As state investments in services and education went down, poverty went up.

California voters originally passed Prop 13 mainly to protect homeowners. But due to loopholes in the law that prevent regular reassessment of commercial property, large commercial property owners are getting a multi-billion dollar public subsidy. Many commercial property owners are paying taxes at rates that are nearly unchanged from decades ago. Chevron alone is under-taxed by a billion dollars!

Reforming the commercial property tax loophole in Prop 13 could bring in over $7 billion dollars annually, most of which would go directly to education. Despite new funding from Prop 30, our schools desperately need greater investments if we are going to provide a 21st century education for all of our children.

Prop 13 has long been viewed as the “third rail” of California politics. Talk about reforming it, and risk your political career. Yet recent polls show an openness from Californians to reform Prop 13 to ensure more regular value reassessment of commercial property. Demographic change, voter education and registration, and the victory of Prop 30, have shifted the political landscape.

The San Francisco School Board recently joined dozens of School Boards, City Councils, and Board of Supervisors across the state in calling for the reform of Prop 13 through a statewide ballot initiative in 2016 or sooner. The strategy, led by organizations like Evolve California and California Calls, is to ramp up the pressure from the ground up. Cities, schools, and communities are the canaries in the mine. We have experienced Prop 13’s carnage firsthand, and we cannot be silent.

Just as we did with Prop 30, Californians deserve a choice: fully fund education and essential services, or maintain a broken and inequitable tax system. We can’t have both. Next time the stakes will be even higher, so it’s critical that we start preparing for this fight now. Let’s get to work.

 

Overstimulated

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Environmentalists who oppose fracking in California are concerned about more than possible groundwater contamination or other hazards that could directly result from the fossil fuel drilling practice. They also want to save the planet.

The Monterey Shale, a massive underground geological formation spanning a large swath of California, contains approximately 15 billion barrels of hard-to-get oil that could technically be extracted in massive fracking operations, Kassie Siegel of the Center for Biological Diversity said during a Nov. 15 call with reporters.

All told, burning that quantity would eventually release six billion metric tons of carbon dioxide into the air. “That is a carbon bomb,” Siegel stated bluntly. Combined with methane that is released from the wells during the drilling operations, “a fracking boom in California could undo all the progress our state has made on greenhouse reductions,” she warned.

But for now, the debate on fracking in California is focused on newly drafted state regulations that would place controls on the practice for the first time. The proposed rules pertain to permitting and disclosure in the areas surrounding individual wells — yet they don’t contemplate the cumulative impact of fossil fuel combustion over time.

Fracking, formally known as hydraulic fracturing, is a technique used for extracting oil or natural gas. It involves injecting high-pressure fluids underground, often containing toxic chemicals, to break up bedrock in order to access the fossil fuel sources trapped within. The California Division of Oil, Gas, and Geothermal Resources (DOGGR) released a set of draft regulations Nov. 15 proposing new rules around what’s known as “well stimulation,” industry-speak for a type of drilling that includes fracking.

The new rules are slated to go into effect on Jan. 1, 2015. They’ll continue to be hashed out throughout next year, and DOGGR will accept public comment on the initial proposal until Jan. 14, 2014.

The regulations came about in response to Senate Bill 4, legislation enacted Sept. 30 after a statewide coalition of environmentalists launched a campaign to put a stop to fracking, which is already happening in some parts of California. Many groups within that coalition viewed the legislation as flawed, because it didn’t prohibit the practice outright.

“The only safe way forward for California is a halt to fracking in our state,” Siegel said.

Still, the draft regulations do seek to place new requirements on the oil and gas industry in an effort to protect public health where fracking occurs. According to DOGGR records, fracking is most common in Kern County.

“There are some good provisions in the regulations,” Bill Allayaud of the Environmental Working Group said in the briefing. “For the first time, all forms of well stimulation will require a permit from DOGGR. That’s a good thing.”

The rules will also require companies to conduct an analysis of groundwater and other wells nearby before proceeding with fracking operations, unlike before. The new regulations also establish a notification process to make nearby residents aware of new drilling operations.

Meanwhile, SB 4 calls for an environmental impact report and a study on the overall health and safety effects of fracking — but it’s unlikely that this study would result in a prohibition on the drilling practice, as environmentalists had initially called for.

“The Natural Resources Agency is currently developing the scope of the study and will begin the analysis in December 2013,” according to a fact sheet published by DOGGR.

“We don’t think we’ll be getting deep answers as to whether fracking and acidization and all forms of well stimulation are safe or not, for both protecting public health and the environment,” Allayaud said.

Meanwhile, he expressed concern that the public comment period for the initial set of proposed rules did not provide enough time for concerned Californians to respond, because people are being asked to weigh in over the course of the holiday season. The Environmental Working Group has requested an extension of that deadline, but it seems unlikely that DOGGR will grant one.

“The comment period was extended from the mandatory 45 days to 60 days for that reason,” California Department of Conservation Chief Deputy Director Jason Marshall said when asked whether the deadline extension would be granted in light of the holidays. “Additionally, we are anticipating an additional 45-day public comment period after the initial draft regulations are adjusted based on that initial public comment.”

Environmentalists also voiced the concern that while DOGGR plans to hold a series of public hearings on the proposed fracking regulations, none will be held in the Bay Area, despite its concentration of advocates who helped get the statewide opposition campaign off the ground.

“The law requires one public meeting, if requested. We are doing five, primarily in areas of the state where oil production is most common,” Marshall responded when asked why there weren’t any Bay Area meetings scheduled.

Asked whether any of the pending studies would take into account the six billion metric tons of CO2 that could potentially be released if the Monterey Shale were to be developed, Marshall seemed to suggest that the state was willing to go along with a regulated form of fracking even as it continues pursuing initiatives to curb greenhouse gas emissions.

“We still derive over 90 percent of our transportation fuels from hydrocarbons,” he wrote in an email. “With SB 4 and these regulations, California is acting now to ensure that extraction of those hydrocarbons happens in the safest way possible, even as we work to reduce our energy dependence on those hydrocarbons.”

Alerts: November 20 – 26, 2013

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WEDNESDAY 20

Photographic journey through modern-day slavery The Commonwealth Club, 595 Market, SF. 5:30-7pm, $20. Photographer Lisa Kristine will share photographs from her travels to over a hundred countries on six different continents. The photographs document the daily lives of some of the millions of people who live in slavery around the world today. Kristine’s presentation will be preceded by a reception where attendees can connect with one another. The reception will be followed by a book signing.

Thu/21.  

Forum on America’s workers First Unitarian Universalist Society of San Francisco, 1187 Franklin, SF. tinyurl.com/WorkersFighting4Dignity. 7-9pm, free. Californian domestic workers recently won a landmark Domestic Bill of Rights after a long and trying struggle. This result, coupled with the nationwide fast-food strike in August, has launched the fight for livable wages into the realm of public debate. Join activists Katie Joaquin and Andrew Dadko as they discuss what’s next for some of our nation’s most exploited, lowest-paid workers. For more information, please email Dolores Priem at doloresmp@gmail.com.

 

SATURDAY 23

 

History of Market Street walking tour Plaza across from Ferry Building near southern Millennium Tower, SF. shaping@foundsf.org. 1-3pm, $5-10. RSVP required. Market Street has long been San Francisco’s most prominent boulevard. It’s where residents congregate in public, and has been the site of countless protests, celebrations, riots, festivals, and more. Uncover the hidden histories during this two-hour walk through the heart of the city. Tour ends at UN Plaza, Seventh and Market streets.

SUNDAY 24

Film Screening: The House I Live In Russian Center of San Francisco, 2450 Sutter, SF. 7-9:30pm, free. City Hope is screening the Sundance award-winning documentary on the War on Drugs. The film examines the forty-year war that our country has waged against narcotics and the results it has produced: 45 million arrests, making the U.S. the world’s largest jailer, and damaging poor, minority communities at home and abroad. Meanwhile, drugs have only become cheaper, stronger, and easier to obtain. By demonstrating how this war has been fueled by political and economic corruption and showcasing the individual lives that it affects, from the street dealer to the narcotics officer to the prison inmate, the film makes the case for the total failure of the War on Drugs. Refreshments will accompany the screening.

Subversive film screening on drones outside the San Francisco Jazz Center, 201 Franklin, SF. 6pm, free. CODEPINK, World Can’t Wait and others plan to host a film screening on drone strikes, projecting one or two films about drones outside the SF Jazz Center. It’s part of a protest against President Barack Obama, who is scheduled to visit the city and attend a luncheon at the Jazz Center on Nov. 25. Protesters plan to march to the Jazz Center at 11:30am on Mon/25 to protest drone strikes.

Single-payer is the cure

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EDITORIAL We’re sorry to see all the problems surrounding President Obama’s Affordable Care Act, which has made some important improvements to the country’s healthcare system, such as helping those with preexisting conditions get coverage and preventing those who do have coverage from being arbitrarily dropped. Given a break from being exploited by the insurance industry, there’s no way this country’s citizens will want to go back to how things were.

But the convoluted Obamacare system was a foreseeable mess, one that is now causing unnecessary anxiety across the country and bringing right-wing extremists back from the political dead as the mid-term elections approach. Republicans may not be correct when they trumpet the old system as the best on the world, but their criticisms of Obamacare are already finding increasing resonance, and we haven’t even gotten to the point yet where it will be illegal not to have health insurance.

It doesn’t make sense to leave something as important as our healthcare system in the hands of for-profit corporations with the incentive to drive up costs. The New York Times has done some excellent work this year showing how US residents pay astronomically more for every procedure and drug than citizens of other countries. We should have all been suspicious when the insurance industry cooperated with enacting Obamacare and helped preclude a public option, leaving us with the insurance exchanges that have been so problematic.

There’s really only one remedy to this country’s ailing healthcare system, which we said at the time that Obamacare was being passed and we’ll repeat again now that there’s even more evidence supporting our position: We need socialized medicine in this country.

Conservatives who read that assertion are probably shaking their heads in disbelief right now, believing that Obamacare’s shortcomings prove that government can’t run a healthcare system. And the inexcusable technical problems with the federal healthcare.gov website and its related state exchanges unfortunately reinforce that view. But they’re wrong, and the single-payer advocates have been right all along, noting among other things that the government runs Medicare well and with far lower overhead than insurance companies.

The problems with Obamacare are similar to the problems it sought to address, and they stem from the fact that an insurance-based model is a terrible way to run a healthcare system. It’s too expensive and does too little to hold down medical costs, it’s confusing and stressful to people who are already wrestling with disease or injury, and it unjustly creates different standards of care for the rich and poor.

Socialized medicine — or a single-payer system, administered by either government or a private contractor, but paid for automatically through our taxes — works well in just about every other industrialized country, most of which are far less expensive and yet have better healthcare outcomes. A single-payer system could utilize the existing healthcare infrastructure, it would simply change how we pay for it and bring much-needed price controls and regulatory oversight.

Think about it: Healthcare coverage is something that every citizen needs in equal measure. We all need the right to see a doctor when we’re sick or injured. None of us should have to gamble with our health by weighing the cost of various monthly insurance premiums against our likelihood of ending up in the hospital. And it really shouldn’t be up to struggling small businesses to pay expensive health insurance premiums for their employees, even though that’s really the only way to make the fatally flawed insurance model work.

There’s infighting among congressional Democrats now about whether to roll back parts of Obamacare, such as hospital subsidies and whether to let people remain on minimal catastrophic coverage plans, and all that will do it upset the careful balance the plan tried to achieve to hold down long-term costs.

For now, we need to apply whatever bandages needed to stop the bleeding and limp the flawed Obamacare along for a little while. But we also need to immediately start the difficult work of transitioning to a socialized medicine system.

 

Driving us crazy

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STREET FIGHT Parking reform is one of the most radically important elements of making San Francisco a more livable and equitable city.

In this geographically constrained city, parking consumes millions of square feet of space that could be used for housing, especially affordable housing in secondary units. Curbside parking in the public right of way impedes plans to make Muni more reliable for hundreds of thousands of transit riders. Parking in new housing and commercial developments generates more car trips on our already congested and polluted streets, slowing Muni further while bullying bicyclists and menacing pedestrians.

Fundamentally, parking is a privatization of the commons, whereby driveway curb cuts and on-street parking hog the public right-of-way in the name of private car storage. The greater public good — such as reducing greenhouse gas emissions and enhancing public safety through bike lanes, wider sidewalks, public green spaces, and transit-first policies — is subsumed to narrow private interests. These are among the many reasons why, for over a decade, parking reform has been a key part of progressive transportation policy.

Yet lately, it has been disappointing to watch progressives, especially on the Board of Supervisors, retreat from that stance. In Potrero Hill and North Mission, a vitriolic reaction has slowed rollout of nationally acclaimed SF Park, which raises revenue for Muni and is a proven sustainable transportation tool. Yet there are murmurings that some progressive supervisors might seek an intervention and placate motorists who believe the public right-of-way is theirs.

On Polk Street, some loud merchants and residents went ballistic when the city and bicycle advocates proposed removing curbside parking to accommodate bicycles. The city, weary of Tea Party-like mobs, ran the other way, tail-between-legs. Progressive supervisors seem to have gone along with the cave-in.

Along Geary, planning for a desperately needed bus rapid transit project drags on. And on. And on. And on. The lollygagging includes bending over backward to placate some drivers who might be slightly inconvenienced by improvements for 50,000 daily bus riders.

One thing that is remarkably disturbing about this backpedaling is that, in an ostensibly progressive city by many measures (civil rights, tolerance, environmentalism), the counterattack is steeped in conservative ideology. That is, conservatives believe that government should require ample and cheap parking, whether in new housing or on the street. This conservative ideology, shared by many car drivers and merchants — and even by some self-professed progressives — is steeped in the idea people still need cars. This despite the evidence that cars are extremely destructive to our environment, socially inequitable, and only seem essential because of poor planning decisions, not human nature.

Progressive backpedaling has become more confusing with the recent debate over 8 Washington, defeated at the polls Nov. 5, and on the same day of a convoluted Board of Supervisors hearing on a proposed car-free housing development at 1050 Valencia. Both of these projects highlight the muddled inconsistency emerging among progressive supervisors.

Enough has been written about how 8 Washington was a symbolic battle for the soul of San Francisco. But during the campaigns, the lack of attention to parking was curious. Notably, progressive-leaning transportation organizations like the San Francisco Bicycle Coalition, Walk SF, and Transform sat out the election despite the project’s excessive 327 underground parking spaces, which violated hard-fought progressive planning efforts to make the waterfront livable. The Council of Community Housing Organizations also sat it out, despite benefitting from the progressive parking policies that 8 Washington violated. It appears that despite their transit-first rhetoric, progressives made a tactical calculation to keep parking out of the campaign.

The progressive victory came with a Faustian bargain which involved ignoring parking. To ensure 8 Washington was defeated, conservative voters were folded into the opposition. Groups like Eastern Neighborhoods United Front (ENUF), the Coalition for San Francisco Neighborhoods, and the Republican Party came out against 8 Washington and yet, ironically, all are opponents of progressive parking reform.

Moving forward, whatever happens at the 8 Washington site must include progressive parking policies. Don’t expect this from the unimaginative leadership at the Port, which speciously demanded the excessive parking. Don’t expect it from the developer, who steadfastly insists that the rich must have parking. And don’t expect conservatives to latch on to a waterfront scheme that is both publicly accessible and genuinely transit-oriented. It is progressives who will need to muster political will for a zero-parking project at the waterfront and set the tone for consensus among the other factions in the waterfront debate.

Meanwhile on the same day 8 Washington went down, 1050 Valencia barely made it out of a tortuous Board of Supervisors hearing in which progressives seemed to be the antagonists. As the first car-free market-rate housing proposal on Valencia under progressive parking reforms, this 12-unit mixed use building seemed an obvious win for progressives. It would be a walkable, bicycle-friendly urban infill mixed-use project with on-site affordable housing, all of which the city needs more of.

Yet since 2010, when the project first went to the Planning Commission, conservative rhetoric has been deployed to stop the project. Significantly, the Liberty Hill Neighborhood Association objected to the transit-oriented characterization of the project. It claimed that the 14 Mission and 49 Mission/Van Ness are filthy, crime-ridden, and unreliable and so 1050 Valencia must have parking.

Unlike progressives, who also decry shortfalls with Muni but propose solutions, the Liberty Hill opponents offered only secession from public transit, insisting on driving in secure armored cocoons instead of addressing Muni reliability, and they also expect free or cheap parking in the public right of way.

You would think that progressives at the Board of Supervisors would see through this thinly veiled bigotry against the 14 and 49 buses. But instead, four self-professed progressive supervisors — John Avalos, David Campos, Jane Kim, and Eric Mar — voted against 1050 Valencia.

They may argue that they were more concerned about the neighboring Marsh Theater, which has concerns about construction noise (and also parking). The noise issue can be worked out, and why the progressive supervisors did not work this out in advance is a mystery. But if you watch the hearing closely, the Marsh basically opposed the development — period — and thus a modest car-free development that included affordable housing at an appropriate location. And so did four progressive supervisors. It’s baffling.

At the end of the day, 1050 Valencia moved forward, barely. But it can still be stopped at the upcoming Board of Appeals hearing. Meanwhile, it’s time for progressives to make a frontal response to the Muni-bashing coming out of Liberty Hill.

The SFMTA is offering a bold and ambitious proposal for these buses on Mission between 13th and Cesar Chavez. This includes a transit-only lane, restricting automobile traffic, rearranging loading zones, and removing curbside parking so that 46,000 daily 14 and 49 passengers have better reliability and less crowding.

This plan will make life easier for San Franciscans who rely on these buses, but will require progressive supervisors to openly and sincerely advocate for removal of on-street parking, to support SF Park, and push for car-free housing development in the Mission, rather than knee-jerk posturing for a few political points in future elections. Progressives, stop screwing around.

Street Fight is a monthly column by Jason Henderson, an urban geography professor at San Francisco State University.

BART’s safety culture slammed at Assembly hearing

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BART was slammed by legislators and its workers on Nov. 7 for refusing to make a key worker safety improvement demanded by state regulators since a 2008 fatality, instead choosing to aggressively defend the “simple approval” process that contributed to two more fatalities on Oct. 19, after which the district finally made the change.

The Assembly Committee on Labor and Employment had already planned the San Francisco hearing into why BART spent years appealing rulings by the California Occupational Safety and Health Administration before the recent tragedy, but that incident sharpened criticism of the district for valuing efficiency over safety.

“The culture of safety at BART must change,” said BART train operator Jesse Hunt, who gave dramatic testimony about the callous culture at BART that led to the Oct. 19 tragedy. “It’s not a single incident, it’s a pattern of disregard for safety.”

The hearing also delved into why BART had an uncertified trainee at the helm of the train that killed Christopher Sheppard and Laurence Daniels on Oct. 19, despite warnings by its unions that district preparations to run limited service during the strike would be unsafe (see “Tragedy follows strike,” Oct. 23).

“Simple approval” made employees doing work on the tracks responsible to avoid being hit by trains moving silently at up to 80mph. When BART exhausted its administrative appeals of Cal-OSHA’s rulings in June, it filed a lawsuit in Alameda County Superior Court and continued to defend the practice, which its unions had long sought to end.

“BART challenged that citation and continues to do so to this day,” Chair Roger Hernandez (D-West Covina) said in his opening remarks, noting that it took two recent fatalities for BART to drop its stance. “I’m deeply troubled this decision wasn’t made much earlier.”

For BART, the hearing only went downhill from there as state regulators testified to the district’s litigious refusal to adopt important safety precautions, employees painted a picture of a district hostile to them and their safety concerns, and legislators chastised BART managers for not having reasonable answers to their questions.

In response, BART Assistant General Manager of Operations Paul Oversier denied the district undervalues safety and said that it defended the simple approval process because it had been used tens of thousand of times and, “We had a track record in mind of a procedure that was working well.”

Asked whether he continues to defend it after the Oct. 19 incident, Oversier said, “Irrespective of what our opinion might be, we suspended the simple approval process,” a decision that he said could disrupt service, increase costs, and “that may cause us to look at what our hours of operation are.”

The hearing was called by Assemblymember Phil Ting, D-SF, who said in his opening remarks, “I was very concerned to read many of the OSHA findings, that it found BART was in violation of California state law,” which prohibits employers from making workers responsible for their own safety in dangerous situations.

Later, Ting questioned BART Chief Safety Officer Jeff Lau about how many of OSHA’s safety violations it had taken steps to correct versus how many it continues to resist, a question Lau said that he couldn’t answer. “I’m extraordinarily disappointed in your response,” Ting told Lau, demanding that he prepare a detailed written response to the questions and submit it to the committee, which plans to revisit the issue once more details emerge from the NTSA investigation of the Oct. 19 incident.

Tale of two parties: Voters reject 8 Washington project

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From the Election Night victory party for opponents of the 8 Washington waterfront luxury condo project, the overwhelming defeat of developer-backed Propositions B and C seemed to go beyond just this project. It sounded and felt like a blow against Mayor Ed Lee’s economic policies, the gentrification of the city, and the dominion that developers and power brokers have at City Hall.

“What started as a referendum on height limits on the waterfront has become a referendum on the mayor and City Hall,” former Board of Supervisors President Aaron Peskin told the large and buoyant crowd, a message repeated again and again at the Nov. 5 gathering.

Former Mayor Art Agnos also cast the victory over 8 Washington as the people standing up against narrow economic and political interests that want to dictate what gets built on public land on the waterfront, driven by larger concerns about who controls San Francisco and who gets to live here.

“This is not the end, this is the beginning and it feels like a movement,” Agnos told the crowd. “We’ll have to tell the mayor that his legacy,” a term Lee has used to describe the Warriors Arena he wants to build on Piers 30-32,” is not going to be on our waterfront.”

Campaign Manager Jon Golinger also described the victory in terms of a political awakening and turning point: “We are San Francisco and you just heard us roar!”

Campaign consultant Jim Stearns told the Guardian that he thought the measures would be defeated, but everyone was surprised by the wide margin — the initiative B lost by 25 percentage points, the referendum C was 33 points down — which he attributed to the “perfect storm” of opposition.

Stearns cited three factors that triggered the overwhelming defeat: recent populist outrage over the city’s affordability crisis, concerns about waterfront height crossing ideological lines, and “a tone deaf City Hall that didn’t want to hear there were any problems with the project.”

Among the key project opponents who have sometimes stood in opposition to the city’s progressives was former City Attorney Louise Renne, who blasted City Hall and called the Planning Department “utterly disgraceful,” telling the crowd, “Get your rest, more to come, San Francisco.”

Both progressive and political moderates often share a distrust of the close connections between powerful developers and the Mayor’s Office, and that seemed to play out in this campaign and at the polls.

“San Francisco, this victory is for you,” Renne said. “And to all those developers out there: Do not mess with our waterfront. We’re not going to stand for it.”

Meanwhile, it was a very different scene over at the Yes on B and C party.

Developer Simon Snellgrove, whose 8 Washington project was soundly rejected despite his spending almost $2 million on the campaign, was in no mood to comment. “I’m having a little private party tonight,” he told us, “and I don’t want to talk to the press.”

Rose Pak, a consultant for the San Francisco Chinese Chamber of Commerce who is well-known for her ties to powerful interests in the city, had a small circle of guests around her throughout the night and spent some time catching up with Snellgrove. Asked to comment, Pak said, “I don’t know the Bay Guardian,” and stopped making eye contact. At previous events, Pak has lectured Guardian reporters about what she sees as the paper’s shortcomings.

“I think this project got caught up in a lot of other things,” Jim Lazarus, the vice president for public policy at the San Francisco Chamber of Commerce, told us. “There was a lot of I think mistaken concern about the impact.”

He criticized the focus on building heights and the idea that it was about something more than just a waterfront development project. But this was the outcome, he said, because “an unholy alliance of people got together to oppose the project.”

Perhaps “unholy alliance” is in the eyes of the beholder, but the voters of San Francisco seemed to prefer the alliance that opposed 8 Washington and all that it has come to represent in San Francisco. 

 

Reduce California’s prison population

67

EDITORIAL California must reduce its prison population — as federal judges have been ordering for years to address severe overcrowding and substandard health care — and it should use this opportunity to completely reform its approach to criminal justice.

Instead, Gov. Jerry Brown has chosen to fight this reasonable directive, exporting thousands more of our inmates to other states and propping up the unseemly private prison industry in the process by signing a $28.5 million contract with Nashville-based Corrections Corporation of America.

Last month, the federal judges overseeing California’s prison downsizing once again extended their Dec. 31 deadline for the state to cut its 134,000-person prison population by another 9,600 inmates, pushing it back to Feb. 24 while the state and lawyers for the prisoners try to negotiate a deal. An update on the status of negotiations is due Nov. 18.

We urge Gov. Brown to follow the lead of his fellow Bay Area Democrats in choosing a more enlightened path forward. Assemblymember Tom Ammiano (D-SF), who chairs the Assembly Public Safety Committee, has convened several recent hearings looking at alternatives to incarceration, including one on Nov. 13 focused on diversion and sentencing.

“I’m hoping to come up with a sentencing reform bill out of this hearing,” Ammiano told the Guardian, expressing hopes that Californians are ready to move past the fear-based escalation of sentences that pandering politicians pushed throughout the ’90s, continuing the progress the state has already made on reforming Three Strikes and some drug laws. Sen. Mark Leno has also provided important leadership on these issues.

There’s no justification for California to have among the highest incarceration rates in the world, four times the European average, and we should embrace the mandate to reduce our prison population with everything from sentencing reform to addressing poverty, police and prosecutorial bias, early childhood education, and other social and economic justice issues.

Closely related to reducing our prison population, at least in term of dropping the “get tough” attitudes that undermine our compassionate and humanity, is treating those we do incarcerate more humanely.

Ammiano and Sen. Loni Hancock (D-Oakland) helped end this summer’s prisoner hunger strike by holding a hearing on improving conditions in the prisons, including the possibility of abolishing cruel solitary confinement practices, as the United Nations recommends and even Mississippi has managed to do. And we think abolition of capital punishment should remain an important near-term goal.

Brown isn’t the most progressive on criminal justice issues, following in an unfortunate tradition of Democratic governors who fear being called soft on crime. But Ammiano sees hopeful signs of potential progress, and he has our support. Now is the time to move California’s criminal justice system into the 21st century.

Schooled

10

joe@sfbg.com

Federal politicians are blasting the commission that would close City College of San Francisco, calling the entire accreditation process a debacle.

At a forum US Rep. Jackie Speier (D-SF) and Rep. Anna Eshoo (D-Palo Alto) convened at City College on Nov. 7, Speier trumpeted what local advocates have said all along: The evaluation of CCSF was bungled, lacked transparency, and violated federal education regulations, all pointing to a desperate need for reform of its accreditors.

Accreditation has been the means to check the quality of education in colleges, but now a growing chorus of critics says the process can be used to carry out an ideological agenda and usurp local control (“Whose college?” Aug. 13).

Yet upending the accreditation process could also have unintended consequences, perhaps letting corporate and conservative interests seize the chance to implement their long-simmering agendas.

Either way, it is beginning to look like the fight to save City College could end up being about more than just City College.

 

ACCJC UNDER FIRE

The Accrediting Commission of Community and Junior Colleges keeps a watchful eye on the community colleges of California, Guam, and Hawaii. After a six-year review, the ACCJC this summer rocked City College by terminating its accreditation, pending appeals before the sentence is carried out in July 2014.

At the forum, Speier said the debacle with the ACCJC signaled a need to reform accreditation on a national level, citing a lack of public accountability.

“I think the ACCJC has run amok, they have lost their vision — if they ever had one,” Speier said in an interview after the forum. “They are riddled with conflicts of interest and arbitrariness.”

Teachers, faculty, and education advocates packed City College’s Diego Rivera Theater, all cheering at every jibe toward the ACCJC. Pressure on the group is mounting. A third lawsuit against the body was announced the day of the forum, this one filed by the activist group Save CCSF.

But Speier sees the problems as stemming from the US Department of Education, which she said needs the tools to correct problems at the ACCJC, something she plans to meet with Education Secretary Arne Duncan to discuss.

“The Department of Education only has one hammer, and that is to deny the ACCJC certification,” she said.

The group is slated to undergo this evaluation in December, which could spell its end. But if the fight for City College sparks a change in accreditation nationally, what would take its place?

There are wolves at the door of the US education system, for-profit colleges with a history of taking vulnerable students to the bank with nothing to show for it. And they want accreditation reform too.

 

THE DEVIL YOU KNOW

The ideological argument between the ACCJC and City College is taking place nationally.

President Obama called for a change to college accreditation in his last State of the Union speech, calling for higher graduation and transfer rates for community colleges (see “Who killed City College?” July 9).

One of the biggest cheerleaders of the president’s reform is the American Enterprise Institute, a conservative think tank. At a conference it held on accreditation last month, AEI and its partners lampooned accreditation as it stands now.

“This is a system that is flawed, unable to deal with the rapidly changing higher education landscape,” Anne D. Neal, a partner of the American Council of Trustees and Alumni, a national education reform group, said at the conference. “If meat inspections were as loose as college accreditation… most of us would have mad cow disease.”

On the surface, the critique seems reasonable. More people should transfer, and more people should graduate. But how colleges get those numbers is the challenge. The ACCJC asking City College to jettison students not aiming for a higher degree was just the start, one higher education watchdog told us.

“There are people on both sides saying that accreditation is broken. The White House is pushing this, as are Republicans. You almost never hear that,” Paul Fain, a reporter for Inside Higher Ed, told the Guardian.

But the reform may lead to the transformation of accreditation, allowing tech companies and long distance online learning universities to bypass the process entirely.

Accreditation is seen as “holding back innovators who are trying to transform the Internet,” Fain said.

These “innovators” are largely for-profit colleges that want to offer single courses or shortened courses online, like the Minerva Project or Straighterline, both online universities lobbying Congress to loosen accreditation requirements.

But for-profit colleges have been attacked nationally for their abysmal job placement rates, and their graduation rates aren’t much better. A widely circulated 2010 report by the think tank Education Trust found that for-profits in the U.S. had a graduation rate of 22 percent.

And with many of those for-profits fighting for accreditation reform by Congress, it’s unclear how a push to reform accreditation from Speier would aid or stall them.

 

FEAR FACTOR

ACCJC President Barbara Beno said that City College is having problems facing reality. Beno would only speak with the Guardian by email through a representative. She defended the accountability of the ACCJC, saying that her doors were always open.

“Colleges don’t need a forum like that held on Nov. 7; they can write to the commission at any time, or ask to address the decision-making commissioners at one of their two meetings each year, or can call up the commission chair or president,” Beno wrote.

“Instead of joining forces to help improve City College, many purported supporters of the college are bent on disrupting the ACCJC operations. It is simple to blame the messenger of bad news,” she wrote. “People unhappy with the commissioners’ decisions are targeting [me] for doing [my] job.”

But Rafael Mandelman, a newly elected member of CCSF Board of Trustees, told those assembled at the forum that ACCJC was unprofessional and unduly punitive: “I went from ACCJC agnostic, to skeptic, to foe”

Dr. Sarah Perkins, vice president of instruction of Skyline College, told the forum that ACCJC is hard to work with.

“I came here to California after spending 25 years in the middle part of the country under the Higher Learning Commission,” she said, contrasting that accrediting agency with the bullying done by ACCJC. “That I even feel like I’m putting my college at risk by speaking at this forum speaks volumes.”

Indeed, the ACCJC even makes criticism of the agency or its methods grounds for a revocation of accreditation, making “collegiality” part of its “policy on institutional integrity and ethics.” CCSF Special Trustee Bob Agrella in September cited that as one reason not to criticize the agency.

Sen. Jim Beall and Assemblymember Tom Ammiano were also in attendance at the forum, and promised to continue the fight at the state level to preserve City College. The Joint Legislative Audit Committee is evaluating ACCJC at the request of those legislators and Sen. Jim Nielsen (R-Gerber).

“We will kick a lot of butt, with class, of course,” Ammiano said.

And would City College close down? “It’s not going to happen,” Speier said to the cheering crowd.

Alerts: November 13 – 19, 2013

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Thursday 14

Forum: Our children, our city Cesar Chavez Elementary School, 825 Shotwell, SF. ourchildren-ourcity.wikispaces.com. 6-9pm, free. Mayor Ed Lee and San Francisco Unified School District Superintendent Richard Carranza will join with other city leaders for this forum on public education in the city. The Children’s Fund and the Public Education Enrichment Fund, which together provide more than $100 million for young people in the public education system, will soon expire. Are there smarter and more effective ways for parents, educators and city officials to work together? Show up to share your opinions and ideas. Mayor Ed Lee, San Francisco Unified, and senior leaders from the City and SFUSD invite you to share your opinions and ideas.

Watch a film about climate change aboard a famous ship Pier 15, 698 Embarcadero, SF. tinyurl.com/PostcardsofClimateChange. 6-7:30pm or 8-9:30 p.m., free. RSVP required. Join Greenpeace on the deck of their intrepid environmental crusading vessel, the Rainbow Warrior, which is temporarily berthed in the San Francisco Bay. “Postcards from Climate Change,” was inspired by the unprecedented destruction wrought by Hurricane Sandy. Greenpeace began collating climate change stories from the affected region and expanded its reach to the rest of the country.

Friday 15

Social Impact Film Festival The New Parkway Theater, 474 24th St., Oakl. Events.compathos.com. 6-11pm Friday, 5pm-12am Sat/16. Sponsored by the Compathos Foundation, the Relevate! Social Impact Film Forum will bring together community leaders to deepen an understanding of issues relevant to the Bay Area. With the theme New Worlds are Possible, it will include screenings of award-winning documentaries and nonfictional shorts by filmmakers and young, Oakland-based media artists tackling issues such as human rights, immigration, crime and violence, environmental and related heath issues and social injustice. Tickets can be purchased online in advance. Ticket proceeds benefit Compathos’ Youth Media Travel Abroad Program, which facilitates youth media and social justice. Cosponsored by KPFA.

Tuesday 19

Forum on a new county jail First Unitarian Universalist Center, 1187 Franklin, SF. 1-3pm. A debate is underway about a proposal to build a long-term jail, to replace seismically unsound county jails at San Francisco’s Hall of Justice. The planned facility would be smaller than the current jail and incorporate more space for programming and family visitation. But some prison justice advocates question the idea of building a new jail at all. At this forum, representatives from the San Francisco Sheriff’s Department and Californians United for a Responsible Budget, which seeks to reverse mass incarceration, will debate the best way forward for prison and restorative justice.

Undocumented and unafraid

45

rebecca@sfbg.com

Business as usual means buses depart from the Immigration and Customs Enforcement building in downtown San Francisco every weekday, ferrying deportees from throughout the region to federal detention centers or the airport. Even in San Francisco, a Sanctuary City where local law enforcement agencies have limited cooperation with ICE authorities, life can be filled with uncertainty for those who lack legal citizenship status.

In recent years, many immigrant activists have taken the step of publicly revealing themselves to be “undocumented,” to sound a call for immigration reform and to push back against the fearful existence that the looming threat of deportation can create.

But the young people who are profiled here have taken things a step further, going so far as to risk arrest by protesting deportations and pushing for immigration reform, all while identifying themselves loud and clear as undocumented.

In the same vein as protesters who marched for civil rights, gay rights, free speech, or in anti-war movements before them, the undocumented youth are putting themselves on the line. Their mantra, chanted at top volume, is “undocumented and unafraid,” highlighting the ever-present possibility that they could face stiff penalties for their actions.

Nationwide, an estimated 11 million undocumented immigrants remain in limbo as a push for federal immigration reform, which would create a pathway to citizenship for people in the country illegally, remains stalled in Congress. While community-led campaigns have yielded legislation that creates safeguards against deportation for young people who arrived with their parents as children, bureaucratic nightmares and forced deportations continue unabated.

Nearly everyone we interviewed for this article mentioned their grandparents while sharing their personal stories with the Guardian. While the politics and policy surrounding immigration reform are tremendously complex, the impact the current system has on people’s lives often boils down to problems like not being able to take a flight to visit an ailing grandparent because it would be impossible to return.

“It’s intense,” says Nicole Salgado, an American citizen who lives with her foreign-born husband in Mexico. “Because you know, it’s essentially an issue of trespassing, and so it seems to me like it’s a really harsh penalty for a civil infraction. No harm was done to a person, and that’s the case for the vast majority of people who are in this situation.”

ALEX ALDANA

Alex Aldana is nervous.

He’s stopped making eye contact, which is strange, because Aldana doesn’t normally break eye contact, and isn’t the nervous type. Since 2012, he’s been arrested seven times.

All seven arrests stemmed from acts of civil disobedience, each carried out to protest the same issue: immigration laws that he views as unjust, because they lead to forced deportation.

Aldana, 26, is an undocumented immigrant. He entered the US legally from Guadalajara, Mexico, in February 2003 on a work visa, but when the time on his visa ran out, he was left undocumented. It coincided with the departure of his father, a man Aldanda says deceived his family.

Like many other undocumented immigrants, he has been trying to give a largely misunderstood population a face. Unlike many others, he’s doing so in a way that carries a great deal of risk.

He’s part of the growing contingent of undocumented immigrants who are, as they say, “undocumented and unafraid.” And when they say it, they shout it.

Aldana participated in a sit-in inside Gov. Jerry Brown’s office. He’s faced the Ku Klux Klan at pro-immigration reform rallies in San Bernardino. He’s been a key link in a human roadblock created to halt a deportation bus in San Francisco. He’s been detained by ICE and local police departments. He normally comes across as fearless, but not on this day.

“This is probably the last crazy thing I’ll do,” Aldana says. “I have thought about it, I have planned it.”

Sometime in late November, he and an intrepid band of humanitarian crusaders plan on taking their fight to the southern US border for the first action of its kind.

The details — which they’re keeping intentionally vague — involve a group of activists crossing the San Diego-Tijuana border legally (many are still Mexican citizens, after all), before ferrying previously deported people back over the border into the United States.

Their hope is to create a spectacle to raise awareness, and even mentioning the planned action makes Aldana squirm a bit. He’s hesitant to disclose specific information; the wrong statement could end his journey before it begins, he explains.

And the timing isn’t perfect for community support, he adds. The last act of civil disobedience he engaged in — a human blockade that halted an ICE bus (see “On the line,” Oct. 23) — didn’t garner universal backing within the immigrant activist community.

“[Some] people are really backlashing the immigrant youth movement right now,” says Aldana. “They consider us harmful.”

But on the flip side, Aldana considers that community’s apathy toward deportation harmful. He doesn’t think that any approved immigration reform should even include deportation as an option.

“In the immigrant community, if you mention ‘immigration reform’ — not ‘conscious,’ not ‘comprehensive,’ just ‘immigration reform’ — then you hear, ‘Yeah, I support it,'” he says. “But what kind of immigration reform are we supporting? Are we supporting militarization? Are we supporting massive deportation? Because word by word, that’s what it says right now.”

The immigration reform package now being pushed by President Obama includes beefed up border security, a crackdown on the hiring of undocumented immigrants, and streamlined deportation procedures, along with a path to citizenship.

Aldana’s confidence in his activism belies a background drenched in fear.

“I never learned how to drive because of that fear [of being deported]. I never traveled because of that fear,” he says. “One of the reasons I never went to college was because ICE was in every bus stop, at least where I come from. When you lose fear, you do incredible things. I’ve been to like 30 states now.”

He started on the activism trail when he was still in high school in Coachella, advocating for women’s rights after watching his mother suffer through domestic abuse, but he didn’t start advocating for immigration reform until years later.

“I was very open about my sexuality and my gender identity very early on,” says Aldana, who identifies as queer. Yet he felt more self-conscious about sharing his immigration status. “Ten years after that, even when I was working for a nonprofit [in Southern California], I was really afraid saying I was undocumented, because my family depended on that job.”

More recently, Aldana has struck a balance between activism and bread winning, a lifestyle that will be put to the test in the coming month. He says he isn’t planning on coming back to the US for a little while after the protest at the border, but not for legal reasons. He just wants to have peace of mind for a moment, to be treated like any other American.

“My grandmother is dying, and I’m not gonna wait for any policy to deny what I couldn’t do with my mom’s mom,” says Aldana. “I think that when what makes us human is that vulnerability, that we really need to have those rights.”

He adds, “I really dislike when people say, ‘I’m gonna visit so-and-so because they’re really sick and they’re on the other side of the world.’ To me it’s like, why can’t I do that?” (Reed Nelson)

 

MAY LIANG

May Liang, a 23-year-old campaign organizer who accompanied her parents to the United States from China as a child, remembers the moment she realized there were other undocumented Asian families in her midst.

She was at a conference on issues surrounding the Asian Pacific Islander community at the University of California Berkeley campus, where she was a student. “Outside of each workshop, there’s this poster. This one said ‘undocumented Asian students.'” It struck a chord as she realized she wasn’t the only one.

It was one of the first meetings of ASPIRE (Asian Students Promoting Immigrant Rights through Education), a small but growing organization where Liang is now the first paid staff member. Her first undertaking was to plan out last month’s ICE bus blockade.

Now, she’s in the middle of preparing for a Thanksgiving Day vigil to be staged with others outside the West County Detention Center in Richmond, where undocumented immigrants are held in federal custody. Many in her community won’t get the chance to enjoy Thanksgiving dinner with loved ones, she says, “because their families have been ripped apart by deportation.”

Liang wasn’t always an activist. She didn’t become aware of the barriers her immigration status presented until she became a teenager and started pursuing part-time jobs and a driver’s license, only to discover she lacked a Social Security number.

Not having an ID posed problems, but she’s quick to note that she had it easier than some of her fellow activists. “I walk around, and nobody suspects me because I’m Asian. In the media we see a lot of Latino people,” she explains. Nevertheless, “It was just like hiding a secret. I was trying to pass as something I knew that I wasn’t.”

One day, just as she was gearing up to go to college, her father called a family meeting. Their immigration status had been “pending” ever since they’d arrived on tourist visas and applied for green cards. But he’d just been notified that their applications had been denied.

“As soon as you get denied, you can’t be here,” Liang notes. “And so we were also ordered deported.”

They decided to fight it out in court, and the case dragged on until after she’d entered college.

“My family’s first court date was on the same day as a midterm,” she recalls. “It was really early in the morning, at the immigration court on Montgomery. I was in the waiting room, reading and studying. And then right afterward, I got on the BART and took my anatomy midterm. It felt really surreal.”

In the end, they were able to avert deportation, yet remained undocumented. As a full-time activist, Liang is thinking big. “For me, it’s like we need to change the system of immigration. One of the most important things we need is sort of a cultural shift as to how we treat people.”

Her first priority is to call for an end to deportations as long as federal immigration reform remains pending in Congress.

Liang is big on being inclusive. Laws such as the California DREAM Act, which aids undocumented students, and the federal Deferred Action for Childhood Arrivals can help youth like herself. Yet she doesn’t understand that piecemeal approach.

“Why is there a distinction being made, just because we’re younger?” she says. “These narratives were given to us. We did not create them. And it becomes divisive, because it really puts our parents under the bus.”

She’s also critical of the notion that immigration laws should treat people differently based on their nations of origin. “We like to say immigration is a Latino issue,” she says. “But it is also an Asian issue. It’s an American issue, because we are immigrants of America.”

Along those lines, Liang regards the work that she and other undocumented youth are engaged in as being a kind of patriotism, for a country that hasn’t yet accepted them as citizens.

“We actually love this country,” she says, “because it does have this sort of mentality of fighting for your rights, social justice, freedom of speech, and that stuff. In all that has happened in the history of this country, there are so many examples of things having been changed because of the people.” (Rebecca Bowe)

 

DAVID LEMUS

On July 21, 2008, David Lemus arrived in the United States at the age of 16.

He’d spent the previous two days marooned in the pick-your-poison expanse of desert spanning the southern border of the US.

All told, his El Salvador-to-California journey lasted a month, and he did the final two-day leg of the passage solo, carrying nothing more than a water bottle, tortillas, and beans.

He had no identification, he said, and no other personal items; nothing that could tie him to an existence he was supposed to be leaving behind. The goal was to be invisible, both to Border Patrol and any computers storing records.

He made the trip with his father and two younger brothers, but he’d last seen them in Mexico; the coyote guiding them across the border had informed Lemus and his family that they stood a better chance of making it if they split up. Lemus got in one car, next to a Honduran teenager who was roughly the same age, and his father and brothers got into another one.

He didn’t see his father and brothers again until October 2008. They were detained at the US-Mexico border and were deported back to El Salvador; their second trip took over four months, but they finally made it.

Lemus, his father, and his brothers were trying to reunite with his mother and sister, who had successfully completed the journey earlier that year. But as things went, Lemus was ferried across the border, let out in the desert, and traveled across a desert known for its potentially fatal landscape, all without his family.

It was a remarkable journey — hot, rugged, impossibly arid — made even more remarkable by the fact that Lemus, along with the rest of his family, is among the millions to complete it. Yes, millions.

But now, as a UC Berkeley student and member of the East Bay Immigrant Youth Coalition, Lemus is a key player in the “undocumented and unafraid” wave of activism that is under way in California, and he’s a long way from donning the invisible mask he felt he had to wear while crossing the desert.

“Undocumented and unafraid is probably the only thing owned by the undocumented community, where we can say, ‘This is our thing,'” Lemus said.

Lemus and his peers have been making waves in California since 2011, when an anti-ICE action in San Bernardino made national headlines. He was arrested alongside six other students in the demonstration, which he refers to as “coming out of the shadows.”

It was his first action of civil disobedience, and the rush of activism overwhelmed him. The second time he was arrested for civil disobedience was this past summer, while protesting President Obama and the slow pace of immigration reform.

“The first time was scary, because we didn’t know what was going to happen,” Lemus said. “But I also feel that that is the moment when you really wake up, because you see it for the first time.”

Lemus is a born agitator, someone who can’t sit idly by while an injustice is being committed. His face, almost eternally placid, contorts when he mentions things like the public perception of undocumented immigrants.

“People say that we are not only the shit stirrers, but that we created the shit,” said Lemus. “And that’s not fair. The way I see it is that most immigrants are here because of a lot of actions the US has taken in Latin America; military interventions in Nicaragua, Guatemala, El Salvador, Columbia, Venezuela. You know we don’t even have a currency in El Salvador anymore? We have dollars.”

Lemus doesn’t consider himself a DREAMer, a word used to describe students brought here as children who would receive protection from deportation under the federal DREAM Act, were it signed into law. He was born in El Salvador and remembers it well, in stark contrast to the DREAMers — and doesn’t know if he would even want to become a US citizen should the opportunity present itself, since he says he’s witnessed too much injustice at the institutional level.

What he won’t stop fighting for is what he calls, “not civil rights, but human rights. It would be unfair for us to want civil rights right now, because we need to get human rights first.”

For Lemus, that distinction is about valuing our basic humanity more than our citizenship.

“I don’t think a lot of people realize the amount of risk it takes to come here,” he said. “We leave everything behind in the process, and a lot of times we don’t get it back. We just want a better life.” (RN)

 

 

SITI “PUTRI” RAHMAPUTRI

Siti Rahmaputri, who goes by Putri, was 19 when she risked arrest by joining a handful of classmates in disrupting a meeting of the University of California Board of Regents.

A petite, soft-spoken UC Berkeley student, she hardly comes across as an agitator. Yet she joined the July protest to voice anger about the selection of Janet Napolitano, former secretary of the Department of Homeland Security, as head of the UC system. For undocumented students like Rahmaputri, Napolitano is synonymous with deportations due to her former post as head of the agency that oversees ICE.

When they got word of Napolitano’s appointment, Rahmaputri and fellow activist Ju Hong joined with some students from UC Irvine and UC San Diego to call attention to the secretary’s role in deportations.

“We started chanting, ‘undocumented unafraid,’ ‘education not deportation,’ ‘no to Napolitano.’ Unfortunately, two of my friends got hurt — they were tackled down by the UC police. And at the end, the four of us stood there and really linked arms. We were screaming and screaming,” she recalls. In a matter of minutes, “everyone left except for us, the media, and the UC police. The UC Regents were just outside the door.”

She was charged with two misdemeanors, placed in handcuffs for several hours, and then released. But the whole time, Rahmaputri said she felt encouraged by supporters from ASPIRE and others.

“I heard people chanting from the outside: Let them go. Let them go. I didn’t want to seem scared, I wanted to seem confident, like here I am, getting arrested, so what?” she says. “I’m just standing for the things that I feel is right.”

Originally from Indonesia, Rahmaputri attended middle school and high school in San Francisco after coming to the United States with her parents at age 11. Not long ago, she and her parents narrowly averted deportation.

“They never really told me exactly that I was undocumented, but they gave me hints,” she says of her upbringing.

A couple years ago, not long after she’d enrolled in Diablo Valley College, her parents were notified — six months late, due to an incorrect address — that their green card applications had been denied.

“I lost a lot of hope. I didn’t really know what to do,” she remembers. “I talked to my counselor and asked, ‘should I keep going in school or should I start working instead to save money to go back to Indonesia?'”

In the end, they were able to defer deportation through letters of support and legal assistance from the Asian Law Caucus, but their immigration status continues to hang in the balance, and the possibility of eventual deportation still looms.

In early October, Napolitano agreed to sit down with Rahmaputri and nine other UC students to discuss policies affecting undocumented university students. The activists urged her to shore up sanctuary protections, by providing campus resources and incorporating better sensitivity training for UC police.

But it was a little awkward, Rahmaputri thought, because Napolitano’s office had made it a lunch meeting.

“She was just there eating her lunch, listening to our stories and our struggles and why we think she should not be here. And here she is, enjoying her meal. It was a weird conversation. She said okay, ‘I will look at it thoroughly. Give me time to look at it.’ So, she’s basically not giving us any answers.”

She and others plan to keep the pressure on by staging rallies whenever Napolitano makes public appearances, and they were planning an action for the Nov. 8 inauguration of the new Berkeley chancellor, Nicholas Dirks.

When her family was fighting deportation, Rahmaputri caught a glimpse of detainees in the ICE facility in downtown San Francisco when she was there to be fingerprinted. She was impacted by the sight of them being led around in shackles.

“It was time for me to reflect, that I have this privilege to be free, to be out here where I can speak my mind, and I am able to go to school and get educated,” she says of that experience. “At the same time, I want to represent others who cannot.” (RB)

 

Agitating in exile

An American citizen who was born and raised in the United States, Nicole Salgado holds a master’s degree, is a published author, and previously held jobs in the Bay Area as a high school science teacher and urban gardener. While she might seem like an unlikely person to be directly impacted by immigration laws, she’s essentially been living in exile in Queretaro, Mexico, for the past seven years.

She’s there because Margo, Salgado’s husband and the father of their daughter, is prevented from returning to the US from Mexico due to immigration laws.

“It really boils down to some pretty strict technicalities,” Salgado explained in a Skype interview. “There’s really not any way around it. My husband has a permanent bar that lasts 10 years, and we’re in year seven of that. And if there was no reform in the next three years, we would not be able to apply — just apply — for his return until 2016.”

They met in 2001, when she was 23.

“I worked for the San Francisco League of Urban Gardeners. I was working on a project down the peninsula, in La Honda, and I met Margo through friends. We got really close really fast, and got engaged within a few months,” she said.

Salgado knew he was undocumented, “but I didn’t know what it entailed.” Simply getting married, it turned out, wasn’t going to put them in the clear.

As long as they remained in the US, Margo’s status was a source of anxiety. He didn’t have a driver’s license, but nevertheless had to drive in order to work.

“I was always really petrified when he would be working more than half an hour away from the house,” Salgado said. “Because I always knew that if there was just one little bit of racial profiling, or something wrong with the taillight or something, then he could get pulled over.”

They closely monitored the progress of proposed laws that could offer protection for undocumented immigrants, and went to immigration rallies. But in the end, they opted for joining his family in Mexico, because they did not want to live in fear.

Salgado co-authored a book with Nathaniel Hoffman, Amor and Exile: True Stories of Love Across America’s Borders, which explores the role that American citizens who are married to undocumented immigrants might play in the larger immigration reform efforts in Congress.

She’s also been organizing online. “We got together and we formed a sort of loosely organized forum of women, like myself who were in exile, or were separated from their spouses in the US,” she said. “We called ourselves Action for Family Unity.”

She acknowledges that adults who knowingly crossed the border illegally might have a harder time winning over the public at large than youth who were brought to the US as children. Yet she still believes the laws that have placed her in this situation are in need of reform.

“My basic premise is, you know, the US is a nation of immigrants, and we depend on immigrants every year as part of our economy and part of our society,” Salgado says. “And as an American citizen, I believe that it’s my right to be able to determine where I want to live, regardless of who my choice of spouse is.” (RB)

NSA spies on Google and Yahoo users

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More revelations on spying by the National Security Agency were published in the Washington Post on Oct. 31. Thanks again to whistleblower Edward Snowden, we now know that the NSA is capturing massive amounts of communications data flowing between data centers maintained by Bay Area-based Google and Yahoo.

According to the Post, digital information produced by Google and Yahoo account holders — texts, emails, documents, videos and yes, that does include content — is being copied by the NSA and sent to its Fort Meade headquarters, where some but not all is retained by the agency.

The NSA is intercepting Google and Yahoo user account information as it moves between data centers, but the exact collection points remain a mystery. A smiley face inserted into a hand-drawn sketch from a top-secret file was enough to cause a couple Google engineers to “explode in profanity,” the Post reporters noted.

That drawing demonstrated how encryption, a security measure meant to shield data from third parties, is “added and removed here,” at an intersection between the public Internet and Google’s internal cloud servers.

Seeing as how Google is a ubiquitous presence in our lives and a key player in Silicon Valley’s tech industry, it’ll be interesting to see how native San Franciscan US Sen. Dianne Feinstein responds to the news that the NSA has apparently been intercepting the tech giant’s data without its knowledge. Feinstein is uniquely positioned to weigh in on this activity in her capacity as chair of the Senate Intelligence Committee.

Since Snowden’s first leak, Feinstein has kept up the drumbeat that NSA’s spying program is good for national security. On Oct. 2, at a Judiciary Committee hearing on oversight of the Foreign Intelligence Surveillance Act, she delivered the following statement:

“Our great strength today, ladies and gentlemen, in protecting this homeland, is to be able to have the kind of technology that’s able to piece together data while protecting rights. I listened to this program being described as a surveillance program. It is not. There is no content collected by the NSA. There are bits of data—location, telephone numbers—that can be queried when there is reasonable, articulable suspicion. … I will do everything I can to prevent this program from being cancelled out. To destroy it is to make this nation more vulnerable.”

But more recently, following revelations of spying on foreign leaders, Feinstein changed her tune. In an Oct. 28 statement, she said the Senate Intelligence Community was “not satisfactorily informed.”

Suddenly, rather than being notified and informed, the committee members were seemingly kept in the dark while the NSA ran wild. She said, “It is abundantly clear that a total review of all intelligence programs is necessary so that members of the Senate Intelligence Committee are fully informed as to what is actually being carried out by the intelligence community.”

Media let BART slide

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BART continues to stonewall important questions about whether it was training scab drivers to break the recent strike by its unions when its trainee-driven train killed two workers on Oct. 19 — a stance made possible by the failure of the mainstream media to connect the dots or correct the anti-union bias that characterized its coverage of this long labor impasse.

Local journalists have failed to highlight the connection between that tragedy and the subsequent decision by the district to suddenly soften its stance and sweeten its offer, within hours of the National Transportation Safety Board revealing that a trainee was driving and that BART’s “maintenance run” story was a deception.

Local media outlets did dutifully report that a trainee was driving, but they failed to point out to readers and viewers the significance of that disclosure or ask the district whether the training was intended to break the strike and whether that plan fed the district’s hardline bargaining stance.

We have asked those questions of the district, and when we got misleading obfuscations, we asked again and again, and our questions are still being largely ignored. And here’s why they matter: Because if the district was planning to run trains during the strike, it reinforces the unions’ contention that the district forced a strike that it was preparing to break, a plan that became untenable when two people died, just as the unions warned might happen if the district ran trains without experienced drivers.

BART spokesperson Alicia Trost did finally confirm to us that, “BART has been training some non-union employees to operate limited passenger train service in the event of an extended strike if so authorized by the Board of Directors,” but she and BART Board President Tom Radulovich have each ignored our follow-up questions and requests to discuss this is greater detail.

This should be a huge scandal, the kind of thing that might force General Manager Grace Crunican to resign and BART directors to lose their seats — except for the fact that the media are ignoring this simple, obvious narrative and failing to do their job.

The East Bay Express, a rare exception on the local media landscape, published an excellent article on Oct. 30 about how the San Francisco Chronicle and Bay Area News Group (which includes the Oakland Tribune, Contra Costa Times, and San Jose Mercury News) misled the public about the BART standoff.

Not only have these daily newspapers written some truly atrociously anti-worker editorials, but even the supposedly objective news stories have been clearly biased in their emphasis and omissions, including the current failure to demand accountability.

But this could backfire considering the truth will probably come out eventually, even if it’s long after the media spotlight has moved on. NTSB investigations can take up to a year, but they are remarkably thorough and it will probably eventually discuss why these drivers were being trained.

The Assembly Committee on Labor and Employment announced on Oct. 29 that it will also hold a hearing to “get to the bottom” of the tragedy, and one can only hope that someone on that committee will grill the district about its intentions in running that ill-fated train and conducting new driver training just one day into the latest strike.

Filipino group snubs mayor over evictions

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The board members of a local Filipino heritage organization, with ties to a high-profile eviction defense battle at San Francisco’s International Hotel in the late 1970s, have declined to an accept an award that San Francisco Mayor Ed Lee had planned to extend to them as part of a Filipino American History celebration because they are angry about a growing trend of senior evictions.

In a written statement sent to the media by board member Tony Robles, the Manilatown Heritage Foundation explained that it couldn’t accept the award as long as “elders are being preyed upon, evicted and given a de facto death sentence thereof.”

The Manilatown Heritage Foundation board members were informed by Board of Supervisors President David Chiu that Lee had planned to recognize the I-Hotel as part of an annual cultural history celebration at City Hall, the statement noted.

“Part of the occasion was to honor the I-Hotel and its many tenants and activists for its contribution to Filipino American history,” board members explained.

In 1976, the I-Hotel was targeted for demolition, prompting a historic eviction defense battle led by housing activists who rallied to the defense of the impacted tenants. As a young attorney who worked with the Asian Law Caucus, Ed Lee was involved in that fight — as an activist defending tenants’ rights to stay. He frequently referred to this chapter of his personal history while running for mayor in 2011, to demonstrate his sensitivity to concerns about affordable housing.

But now that Lee is well into his mayoral term, a surge of evictions of low-income seniors is worsening on his watch. Tenant defense organizations such as Eviction Free San Francisco are showing up outside landlords’ homes and offices to protest eviction notices that threaten to push low-income seniors with few options out of the city.

“The I-Hotel fight was for dignity and it lived by the premise that housing is a human right,” the group’s statement explained. “The fight for the I-Hotel galvanized the community around the fight for affordable housing, particularly for seniors who sacrificed much and on whose shoulders we stand. The fight included tenants, elders, activists, artists and students who recognized that the real estate developers and financial interests were out of control—power unchecked.” 

Home from prison

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rebecca@sfbg.com

Danielle Evans, director of Women’s Services at the Center on Juvenile and Criminal Justice, likes to tell the story of a woman who managed to turn over a new leaf after spending a year in a residential support program.

The client was found on the streets of San Francisco, pregnant, after an overdose. She was over 40, had never graduated from high school, and had a string of drug offenses on her rap sheet. She had multiple children who had been given up for adoption, and she was homeless.

But after getting emergency treatment at San Francisco General Hospital and entering substance abuse counseling and transitional housing from there, she was able to overcome her drug addiction, regain custody of her daughter from Child Protective Services, and enroll in a vocational program for janitorial work.

The woman was aided through a yearlong stay at Cameo House, a transitional home for homeless pregnant women and new moms run by CJCJ. After living there with her daughter while getting pointers on parenting from the staff, she’s now working toward her GED and has a goal of landing a job — something she’s never had.

“I’m like, look where you came from and where you are today,” Evans reflected. The client’s daughter is now a healthy two-year-old, Evans said, and “she is so motivated to be a good mom.”

It’s not a typical narrative. A recent event hosted by New America Media focused on the personal stories of Bay Area youth who’ve grown up with parents entangled in the criminal justice system. More often, those parent-child relationships are strained or nonexistent, especially in cases where parents are far away from home, serving out prison sentences.

 

CHILDREN OF REENTRY

For many, having a parent behind bars has the potential of becoming a vicious cycle, but new realizations about how harmful that childhood experience can be are giving rise to a new way of thinking about how to deal with parents in the criminal justice system.

New approaches include alternatives to incarceration, something that’s gaining momentum in this era of prison overcrowding and realignment, which has shifted some responsibility of housing inmates from the state to California counties.

Children of incarcerated parents are three times as likely as their peers to wind up in the criminal justice system, Jessica Flintoff, director of the Reentry Division at San Francisco’s Adult Probation Department, said at the New America Media forum in downtown San Francisco. Some policies that the county has embraced are designed to factor in long-term youth impacts, at the time when key decisions are being made about their parents’ fates.

The event featured a series of short films and multimedia projects spotlighting the experiences of youth and their formerly incarcerated parents, with a focus on what happened when the parents returned home.

Young producers, working with the nonprofit Silicon Valley DeBug and community newspaper Richmond Pulse, created the projects through hours of interviews in which parents and kids divulged intensely personal details about their experiences. The idea behind the Children of Reentry media project was to open up a conversation that kids with incarcerated parents often shy away from, because of an associated stigma.

The project conveyed intimate narratives about an experience that an estimated 2.7 million children of incarcerated parents are familiar with nationwide: A son who got to know his father in a prison visitation room; a mother who gave birth to her daughter in prison only to be separated until completing her sentence; a father who barely knew his daughter before her 21st birthday because he’d been in prison for the duration of her childhood.

 

WHAT DO KIDS NEED?

In San Francisco, the mission of the San Francisco Adult Probation Department explicitly includes a goal of “breaking the intergenerational cycle of incarceration,” Flintoff explained at the forum.

The city tries to take a child’s needs into account before the parent is sentenced, she said. Under this system, a deputy probation officer is required to conduct an investigation into the needs of the affected children, and even maps out a genogram of the convicted person’s familial ties, to convey to a judge what kind of situation the child will wind up in once their parent is imprisoned.

The sentencing then takes this background information into account. “The criminal justice system is a series of decisions,” Flintoff said. “We can make different decisions at every turn.”

The impact of parental incarceration on youth has been a hot topic lately. In August, a White House conference was devoted to understanding the problem, which is fueled by an American incarceration rate that’s four times higher than it was in the 1970s.

Research has yielded sobering data. According to the American Bar Foundation, which hosted the White House conference, roughly half of all inmates serving time in U.S. prisons are parents. Communities of color are disproportionately impacted — nationwide, one in four black children has had a parent behind bars at some point. These youth tend to have a tougher time once they reach adulthood, with typically lower rates of academic achievement, decreased chances of graduating from college, and a higher percentage facing unemployment.

“I feel like I saw both of my parents in each video,” Mailee Wang said after the series of short film screenings, tearing up a little. Wang, whose mother and father each spent time in prison, is now program director at Project WHAT! (We’re Here And Talking), an initiative run by local nonprofit Community Works that aims to assist these impacted youth.

“Having a prison mentality is real,” she added. “How do you lock somebody up, and keep them from their kids, and release them, and expect that prison mentality to turn off? It’s chaos when the person returns home. People talk about family reunification, but what does that look like?”

SERVICES INSTEAD OF PRISON

Meanwhile, a new partnership between San Francisco and CJCJ seeks to eliminate the traumatizing effect of parental incarceration by swapping out time behind bars for a different rehabilitative approach. That option involves sending would-be inmates to Cameo House, the transitional home that already helps homeless moms to get on track as providers for their young kids.

Housed in an 11-unit Victorian in the Mission, the center offers group therapy, parenting classes, training for job seekers, and other kinds of support services to help put women in the position of being able to provide for their kids. Cameo House contracts with the Department of U.S. Housing and Urban Development to provide the services, and receives local funding and assistance from private donors.

Under this alternative, pregnant women or mothers with children under six who are facing prison or jail time could be placed in Cameo House instead of being made to spend time behind bars away from their kids.

“It’s an option on the table, where before it was, ‘you’re going to county jail, and there is no other option,'” Evans said. “But we’re saying, ‘hey, let’s try this. Let’s intervene where intervention is needed. Let’s not re-traumatize this family.'”

Why I oppose closing our parks

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OPINION I have great respect for Recreation & Park General Manager Phil Ginsburg, my colleague Sup. Scott Wiener, and my constituents and friends who support the parks closure legislation. I certainly share their concerns about damage to our parks. But I do not think this law is the appropriate means to address it.

I have six fundamental problems with the legislation.

My first concern is the impact this could have on our neighborhoods. There are an estimated 7,350 homeless youth and adults in San Francisco. Many find a shelter bed; some wind up in jail or a hospital. Over 4,300 people, though, have nowhere to sleep.

As the supervisor for District 5, it would be irresponsible for me not to think about this, not to consider what will happen if homeless people are evicted from the parks and wind up sleeping on the doorsteps of my constituents in the Haight, Inner Sunset, or Buena Vista. This would be unjust for the homeless and worse for the neighborhoods.

Second, we have an enforcement problem, not a regulation problem. The Park Code already prohibits: camping, sleeping between 8pm-8am, dumping, drinking (in most parks), being under the influence, damaging the parks, or making loud, “unreasonable” noises.

Unfortunately, at night there are only two or three park patrol officers on the beat for all 220 parks across 3,500 acres.

We can’t enforce the codes we have. Rather than adding a broad, redundant code, I would like targeted improvements to the codes and their enforcement.

Third, it could cost more to enforce this law than we would actually save. Vandalism is distributed all over the park system and does not all occur between midnight and 5am. A dramatic increase in officers could decrease vandalism, but that would cost more than any savings realized.

Fourth, I am sympathetic to the almost-Libertarian argument made by some constituents that: “My tax dollars pay for those parks and if I want to use them at 4am, that is my prerogative.”

Firefighters and others who work late shifts should be allowed to walk their dogs in the park when they get off work. Whenever I raise this point, I am told by the law’s supporters, “Oh it won’t be enforced against them.”

This is exactly the problem, and my fifth concern — that this law will be selectively enforced. If it’s not intended to target the homeless, the firefighter, or the well-groomed neighbor, who is the law designed to target? Suspicious looking people? Teenagers? Young men in hooded sweatshirts?

Lastly, I think there are perfectly legitimate reasons to use the parks at night, and I don’t think our government should be admonishing us otherwise.

Acts can be criminal. Vandalism, dumping, drug use — those are acts. I am not comfortable preemptively criminalizing a person’s presence, or everyone’s presence, in order to deter the few who commit those acts. I am not comfortable limiting everyone’s freedom in order to deter those who abuse that freedom.

But frankly, I am also not comfortable with how politically charged the issue of homelessness has become in San Francisco. Whether this particular law passes or fails, 7,350 people will wake up tomorrow morning not knowing where they will sleep tomorrow night.

We must be creative, unconventional. For example, we could repurpose fallow city buildings as temporary shelters. Would this idea be received as an opportunity or an insult? I hope the former, but I suspect the latter.

We have a political climate in this city which, for a variety of reasons, seems to default to the status quo on homelessness. Well, we need change. We need to acknowledge that not every call for service is a “handout,” nor every call for enforcement a “criminalization.”

Relegating 4,300 people to a cold spot of concrete or grass every night is not compassion; working creatively to change it is not malice. It is leadership. And it is exactly what we need.

London Breed is the District 5 supervisor. The board was scheduled to make its first of two votes on Wiener’s legislation Nov. 5 after our press time. Visit www.sfbg.com/politics for the latest.