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Checkout time

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news@sfbg.com

Two consecutive three-day strikes by hotel workers signaled a change in strategy for local labor, which is struggling to hold on to past gains in an increasingly bitter contract dispute during this economic downturn.

Hotel employees affiliated with UNITE HERE! Local 2 walked off the job at the Grand Hyatt on Nov. 6, kicking off a 72-hour work stoppage that labor organizers said was centered on the Hyatt but aimed at more than a dozen luxury hotels staffed by Local 2 workers.

Another strike, in front of the Palace Hotel, started Nov. 10 and ended at midnight Nov. 12. In both actions, hundreds of Local 2 members and other supporters expressed frustration at the hotels, claiming the hotel industry is scaling back employee benefits while reaping impressive profits.

"The hotel industry pulled down $110 billion in profits last year," said Mike Casey, president of Local 2, which represents approximately 12,000 hospitality workers in San Francisco and San Mateo. "Despite the so-called down economy, we feel like we should be able to move forward, at least modestly."

Casey and other Local 2 organizers pointed to the recent windfall of the Hyatt chain’s owners, the Pritzger family, who scooped up $950 million in an initial public offering for the company. "One family is getting all this money, and they’re quibbling over $250,000," said Casey, referring to the amount he says it would take to meet all of the local union’s demands.

Meanwhile, stalled negotiations have left workers without a contract since Aug. 14. Key factors in the dispute involve proposed rule changes for new hires and cuts in health care coverage that striking workers called unacceptable.

"We’re seeing an average increase in health care costs of about 12 percent per year," said Jeff Myers, a banquet waiter at the Westin St. Francis, and a member of Local 2’s 125-person negotiating team. "The hotel is paying for 2 percent of that."

"We expect to be in a long fight," said Carlos Narvaez, a 13-year employee at the Palace Hotel, where he works as a purchasing clerk. "But it’s a fight for justice, not only for us, but for new hires, who would be most affected."

Narvaez explained that under the new contract proposed by the hotels, new hires would be ineligible for pensions, and probationary periods for benefits would be extended from months to years. "If they’re planning to replace us, (new employees) don’t know what’s coming."

The tactic of going after one hotel at a time, rather than a blanket work stoppage, indicated the union’s desire to put pressure on hotel owners while limiting economic hardship to the rest of the city, and the potential for negative blowback. The latest round of negotiations broke down Nov. 12 when Hyatt rejected Local 2’s proposal for a one-year contract with some concessions on pay, rather than the customary five-year deal.

"You can’t have it both ways. If you want a cheap contract, fine, we’ll do it for a limited time. You can’t have a cheap long-term contract," Casey said, noting a one-year contract is partly a bet by Local 2 that the economy will be in better shape next year.

It also happens to line up with contract expiration dates for UNITE HERE! hotel workers in several cities throughout the U.S. and Canada, potentially giving the union greater leverage in contract negotiations next year.

At the Grand Hyatt strike, workers marched several blocks to the Westin St. Francis, where they held an impromptu picket for 20 minutes before returning to the Grand Hyatt. "It’s just a taste of what could happen," Casey said, splitting the group into two disciplined forces that filled the sidewalk while leaving the entrance to the St. Francis clear.

"They’re afraid it’s going to turn into 2004," Casey said of hotel owners, referring to a two-week stalemate in 2004 in which hotels reacted to the strike by locking out employees of several hotels and bringing in workers from other locations in an attempt to break the strike. But Casey said new times call for new tactics.

"If we did it the same way each time, [management] would be ready for us," Casey said. "We have to keep them on their toes" while staying visible and building incremental support for strikes. "If the strikes last long enough, a boycott could build that would be truly widespread. But let’s hope the hotels come to their senses before then."

The picket lines were festive and noisy, with union members banging drums and shouting catchy call-and-response slogans into no fewer than six bullhorns.

"What time is it?" the bullhorns blared. "It’s checkout time!" the picket line called back. Valets and bellhops at the Grand Hyatt, most wearing foam earplugs and sunglasses, winced as one man beat a large, ornate kettle drum less than five feet from the lobby entrance.

"This is designed to be measured and escautf8g," Casey said of the single-hotel strike approach. Though the two strikes have ended, Casey said boycotts remain in place for both the Grand Hyatt and the Palace Hotel, whose lavish centennial gala last weekend was marred by an additional Local 2 protest outside.

Hotel representatives have been taciturn about the dispute and its impact, issuing short, carefully-worded responses expressing disappointment at Local 2’s actions, and offering sheepish apologies to surprised guests. No hotel representatives were available to speak on record as of press time

Elena Duran, a server at the Palace Hotel, said behind-the-scenes operations have been thrown into disarray by the strikes. "Yesterday there was a fire in the kitchen," Duran said during the Palace strike, "because the new workers don’t know what they’re doing."

Any hotel labor dispute invariably invites comparisons with the 2004 strike. In that conflict, Mayor Gavin Newsom personally intervened, shaking hands with striking workers and declaring that San Francisco would not do business across picket lines. The mayor’s office did not respond to queries about the latest dispute. Local 2 press coordinator Riddhi Mehta said Casey and other union members, as well as their counterparts from the hotels, met with Newsom Nov. 10 for "informational purposes."

City Attorney Dennis Herrera, a likely mayoral candidate, stopped by the picket lines at the Grand Hyatt to offer words of support, telling the cheering strikers: "We are a world-class city. It’s not about the Golden Gate Bridge. It’s not about the views. It’s not about the cable cars. It’s about the work that you do every day."

While Local 2 organizers would welcome Newsom’s renewed support, they aren’t holding their breath. Rumors that Newsom had cut short his vacation to help defuse the situation were greeted with cautious optimism by negotiating team members.

Myers said the hotels were essentially attempting to externalize their employee’s health care costs, which would impose a burden on the city budget. Because of San Francisco’s universal health care program, Myers said, "If hotel workers can’t pay their co-pay, that cost will go to the city. That is abundantly clear to the mayor."

Editor’s Notes

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Tredmond@sfbg.com

You can see the city’s next fiscal crisis, and all the bloodshed it will involve, sticking up its ugly head at the Board of Supervisors these days.

The immediate issue on the table is a supplemental appropriation of $7 million to save the jobs of some 500 frontline public health workers who are scheduled to receive pink slips this month. But the deeper issue is how the supervisors are going to deal with the fundamental unfairness of the mayor’s budget — particularly as the issue gets reopened this winter. Because the city’s finances are not improving, and it’s almost certain that there will have to be midyear changes. And — sadly — there’s no indication that Mayor Gavin Newsom is going to be any more willing to work with the board and look for progressive solutions than he was in the summer.

The budget deal the supervisors signed off on in June wasn’t such a good deal at all, in part because it rested on Newsom’s promise to work toward a revenue measure for the November ballot. In retrospect, San Francisco missed an opportunity here — lots of Bay Area cities went to the ballot with tax increases to head off service cuts, and voters approved nearly all of them.

But Newsom never tried very hard to convince his allies on the board to go along with that plan and let the whole thing slide, putting the city in the position where layoffs that will cut deeply into the public health infrastructure are moving forward.

And now seven supervisors — all of the progressives plus Bevan Dufty — are ready to take an emergency step to stop the layoffs. They’re willing to put $7 million in reserve money up front, now. And if they can convince Sophie Maxwell to change her position and join them, the board will put the ball right back in the mayor’s court.

The thing is, the city’s budget crisis never really goes away. It’s a structural imbalance; save for the occasional boom years, San Francisco simply doesn’t bring in enough revenue to cover the costs of services people in this city want and need. It’s much worse in a recession, of course, but it’s always bad. And it’s going to remain an annual problem until the folks at City Hall make some major structural changes.

If, for example, we really want to avoid raising any new taxes — Newsom’s line — then we have to downsize, and the only fair way to do that is to start at the top. There are highly paid managementlevel people all over this city who don’t do nearly as much work in a week as a typical nurse’s aide does every day. The rampant cronyism slowed down after Mayor Willie Brown left office, but it never went away. A lot of Brown appointees still have cush jobs, and Newsom has added to the list. None of those folks ever get laid off.

With the layoffs scheduled this month, more than 1,000 members of SEIU Local 1021 — the union that represents frontline workers — will have been laid off. How many members of the Management Employees Association? Exactly 25.

And if we’re not going to look at radical restructuring, starting with department organization and management, then we have to bring in more money. That’s taxes, Gavin. In fact, to make this city solvent for the future we should probably do both.

Nobody wants to talk about that, though. So the women who hold the public health system together get canned, the wealthy enjoy low taxes, and the crisis goes one, year after year.

I hope Sup. Maxwell realizes what this is about — because if she votes the right way, it might actually force the mayor to make some of those tough choices he loves to talk about.

Fixing police discipline

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EDITORIAL San Francisco’s new police chief wants more authority to discipline problem officers. He’s been talking about it since the day he arrived, and he’s getting some political traction. Sup. David Chiu has called for a hearing in the next few weeks, and it’s likely that the chief will seek a Charter Amendment next year to redefine how the top cop and Police Commission handle personnel issues.

We have no problem giving the chief the right to fire a bad cop. In fact, if George Gascón wants to quickly rid the force of the small number of violent and unprofessional officers who are responsible for most of the serious discipline problems, more power to him.

But Gascón isn’t stopping there — he wants to reduce the power of the commission and possibly the Office of Citizen Complaints. And that’s a very bad idea.

Police discipline is one of the biggest problems facing the force. The city has paid out hundreds of thousands of dollars in lawsuit settlements in police abuse cases. Rogue cops have beaten, harassed, intimidated, and sometimes killed innocent people. And because so few officers ever face serious penalties, the bad behavior goes on unabated.

Gascón recognizes that. He told us in an interview in October that he thinks there are 10 cops on the force who ought to be fired, right now. That would send a powerful message: in the past 20 years, fewer than five police officers have ever been fired for misconduct.

Right now only the Police Commission can terminate an officer; the most the chief can issue on his own is a 10-day suspension. And there’s a huge backlog of discipline cases. That’s partly the result of the system itself — commissioners are part-time appointees and discipline hearings are time-consuming. It’s also partly the fault of the department — previous chiefs have shown little interest in expediting discipline cases and have worked to thwart the ability of the Office of Citizen Complains to complete investigations.

Gascón told us he’d like to see the commission become an appellate body. The chief would make most discipline decisions, and if an officer thought the ruling was unfair, he or she could take it up with the civilian panel. We understand his frustration with the process, but his proposal doesn’t make sense.

If Gascón is serious about weeding out problem cops (and taking on the politically powerful Police Officers Association to do it), he’d be the first chief in decades to do so. His recent predecessors showed almost no interest in discipline, and even if Gascón turns out to be the toughest chief in history, he won’t be here forever, and his successor might return to the bad old days.

That’s why the current system allows the OCC to take cases directly to the commission if the agency director feels that the chief has failed to act. That ability is central to any civilian oversight process and must remain as part of any reform.

We don’t see why there has to be any conflict here at all. We’re fine with giving the chief the extra authority to fire cops — and leaving the rest of the system intact. Let the chief enact firm discipline — and if he doesn’t, let the OCC and commission do it. That would preserve the checks and balances in the system and allow Gascón to clear up some of the disciplinary backlog and get rid of the worst problem officers.

San Francisco has long operated under the proposition that civilians, not police officers, should conduct investigations of complaints against cops — and should have the final authority on the disposition of those complaints. The supervisors should be open to giving Gascón what he wants — but not if it means dismantling the heart of a civilian-oversight program.

And if Gascón wants the voters to trust him with front-line discipline, let’s see some action. Work with the commission to fire those 10 bad cops — now — and we’ll all have a lot more faith in your reform credentials.

Seizing space

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steve@sfbg.com; molly@sfbg.com

San Francisco’s streets and public spaces are undergoing a drastic transformation — and it’s happening subtly, often below the radar of traditional planning processes. Much of it was triggered by the renegade actions of a few outlaw urbanists, designers, and artists.

But increasingly, their tactics and spirit are being adopted inside City Hall, and the result is starting to look like a real urban design revolution — one that harks back to a movement that was interrupted back in the 1970s.

One of the earliest signs of the new approach emerged in 2005 on the first Park(ing) Day, the brainchild of the hip, young founders of the urban design group Rebar. The idea was simple: turn selected street parking spots around San Francisco into little one-day parks. Just plug some coins in the meter to rent the space, then set up chairs or lay down some sod, and kick it.

It was a simple yet powerful statement about how San Franciscans choose to use public space — and the folks at Rebar expected to get in trouble.

“When we did the first Park(ing) Day in 2005, JB [a.k.a. John Bela] and I were just prepared to be arrested and hauled into court,” Rebar’s Matthew Passmore told us at a recent interview in the group’s new Mission District warehouse space. “But nothing like that happened.”

Instead, City Hall called. 079_realcover.jpg Rebar’s Blaine Merker, Teresa Aguilera, Matthew Passmore, and John Bela at their carfreee space at Showplace Triangle

“We got a call from the director of city greening, who said this is great, I want to meet with you guys and talk about how the city can support this kind of activity,” Passmore said. “Much to our surprise, the city was totally responsive as opposed to shutting us down and imprisoning us.”

Bela said the group discovered that Mayor Gavin Newsom’s administration was looking for just the sort of innovative, cool, environmental ideas that were Rebar’s focus. And that connection merged with other people’s efforts — like sidewalk-to-garden conversions being pioneered by Jane Martin, the urban gardening and bicycling movements, and the unique public art that was making its way back from Burning Man. That created a catalyst for a wide array of city initiatives, from the Sunday Streets road closures to temporary art installations that began popping up around the city to the Pavement to Parks program that creates short-term parks in underutilized roadways.

“It was a single interaction five years ago, and now we have things like Sunday Streets,” Bela told us on Sept. 18’s Park(ing) Day, in which various individuals and groups took over more than 50 parking spots around town. “It’s about reclaiming the streets for people.”

Park(ing) Day itself blew up, becoming a worldwide phenomenon that is now in 151 cities on six continents, and one that the Mayor’s Office is planning to turn into a more permanent plan, with the regular conversion of some parking spots on commercial corridors into outdoor seating areas.

“You had a few guys and a girl who had an idea and now it’s an international event,” Mike Farrah, a longtime Newsom lieutenant who now heads the Office of Neighborhood Services and has been the main contact in City Hall for Rebar and similar groups, told the Guardian.

Locally, the success of events like Park(ing) Day have changed San Francisco’s approach to urban spaces, particularly on land left dormant by the economic downturn. Rebar, the permaculture collective Upcycle, and former MyFarm manager Chris Burley plan to turn the old Hayes Valley freeway property near Octavia, between Oak and Fell streets, into a massive community garden and gathering space. Plans are being hatched for temporary uses on Rincon Hill properties approved for residential towers. “Green pod” seating areas are sprouting along Market Street and there are plans to extend the Sunday Streets road closures next year. And, perhaps most amazingly, most projects are being accomplished with very little funding.

How has San Francisco suddenly shifted into high gear when it comes to creating innovative new public spaces? The key is their common denominator: they’re all temporary. As such, they don’t require detailed studies, cumbersome approval processes, or the extensive outreach and input that can dampen the creative spark.

But San Francisco is starting to prove that dozens of short-term fixes can add up to a true transformation of the urban environment and the citizenry’s sense of possibility.

 

EVOLUTION OF THE PRANK

Rebar began as a group of friends and artists who came together to enter a design contest in 2004. Passmore was a practicing lawyer and Bela was a landscape architecture student at UC Berkeley. They chose the name Rebar for future collaborations, the first of which was Park(ing) Day.

Passmore, who had a background in conceptual art before going to law school, discovered a legal loophole that might allow for anything from a burlesque performance to a temporary swimming pool to be installed in metered parking spaces. Bela recruited Blaine Merker, a fellow landscape architecture student with whom he’d won a design competition, to join the effort.

Park(ing) Day was a hit, getting great press and igniting people’s imaginations. “We realized after we did it, like, oh, people are really getting this,” Merker said. And Rebar was off. In the following years they added a fourth principal, graphic designer Teresa Aguilera, and took on a number of acclaimed projects: planting the Victory Garden in Civic Center Plaza, building the Panhandle Bandshell from old car hoods and other recycled parts, creating COMMONspace events (from “Counterveillance” to the “Nappening”) in privately-owned public spaces, and designing the Bushwaffle (commissioned for the Experimenta-Design biennale in Amsterdam) to help soften paved urban spaces and create a sense of play.

Through it all, the group maintained its prankster spirit. When they were invited to present the Bandshell project at the prestigious Venice Biennale festival, Rebar members showed up costumed as Italian table-tennis players (a joke that mostly baffled other attendees, they said).

They told us every project needed to have a “quotient of ridiculum.” Or as Bela put it, “That’s how we know project has evolved to the right point — when we’re on the floor laughing.”

As Rebar found success, it was still mostly a side project for members who had other full-time jobs. “We were all playing hooky all the time,” said Merker, who, like Bela, joined a landscape architecture firm after he finished school. “It just got worse and worse.”

So now, they’re trying to turn their passion into a profession, recently moving into a cool warehouse office and workspace in the Mission. “We’re shifting our practice a little to have the same sort of spirit but trying to figure out how we can make that an occupation,” Merker said.

It’s also about moving from those short-lived installations to something a little more lasting, even while working within the realm of temporary projects. As Aguilera said, “A lot of the projects we started with were creating moments to maybe think about. But we’re shifting into more permanent ways to interact with the city.”

They may not be sure where they’re headed as an organization, but they have a clear conception of their canvas, as well as the traditions they draw from (including movements like the Situationists and artists such as Gordon Matta-Clark, who worked in urban niche spaces) and the fact that they are part of an emerging international movement to reclaim and redesign urban spaces.

“We’re not the originators of any of this stuff,” Bela said. “It’s like emerging phenomena happening in cities all over the world. We just happened to have plugged into it early on and we continue to push it.”

 

EXPANDING THE POSSIBLE

Rebar is strongly pushing a reclamation of spaces that have been rather thoughtlessly ceded to the automobile over the last few decades. “Street right-of-way is 25 percent of the city’s land area. A quarter of the city is streets,” Bela said. “And those streets were designed at the time when we wanted to privilege the automobile.

“So basically, there’s all this underutilized roadway,” he continued. “It’s asphalt and it’s pavement, and the city wants to reclaim some of those spaces for people. That’s a thread we’ve been exploring in our work for a long time, and now it’s elevated up to a citywide planning objective.”

The short-term nature of the projects comes in part from political necessity: temporary projects are usually exempt from costly, time-consuming environmental impact reports. Demonstration projects also don’t need the extensive public input that permanent changes do in San Francisco. But there’s more to the philosophy.

“It stands on this proposition that temporary or interim use does actually improve the character of the city,” Passmore said. “People used to think that if something is temporary or ephemeral, what good is it? It’s just here today, gone tomorrow. But I think now people are realizing that the city can be improved like this.”

And it goes even deeper than that. When people see parking spaces turned into parks, vacant lots blossoming with art and conversation nooks, or old freeway ramps turned into community gardens, their sense of what’s possible in San Francisco expands.

“What we’re remodeling is people’s mental hardware. It’s like stretching. You have to bend something a little more than it wants to go, and the next time you do that, it’s that much easier,” Merker said.

“There’s also a psychological aspect to that. When people see a crack in the Matrix open up, if you will, it can open up a whole lot more than just that one moment,” he said.

For those who have been working on urbanism issues in San Francisco for a long time, like Livable City director Tom Radulovich, this new energy and the tactic of conditioning people with temporary projects is a welcome development. “There is a huge resistance to change in San Francisco, no matter what the change is, and a lot of that stems from fear,” Radulovich said. But with temporary projects, he said, “you can establish what success looks like from the outset.”

 

BUILDING ALLIANCES

The Rebar folks have been fairly savvy in their approach, making key friends inside City Hall, people who have helped them bridge the gap between their idealism and what’s possible in San Francisco.

“We are a process-driven city, and temporary allows you to create change without fear,” Farrah told us. He said the partnership between the Mayor’s Office and community groups that want to do cool, temporary public art really began in the summer of 2005 with the Temple at Hayes Green by longtime Burning Man temple builder, David Best.

Farrah had connections to the Burning Man community, so he facilitated the placement of the temple along Octavia Boulevard, then one of the city’s newest and least developed public spaces. Next came the placement of another Burning Man sculpture, Flock by Michael Christian, in Civic Center Plaza that fall. Both projects got funding and support from the Black Rock Arts Foundation, a public art outgrowth of Burning Man.

“I saw, after some of the temporary art and special events, how it’s changed people’s ideas about what’s possible,” Farrah said. “There has been a change in the way people view the streets.”

That got Farrah thinking about what else could be done, so he approached BRAF’s then-director Leslie Pritchett and Rebar’s Bela, telling them, “I need you to look at San Francisco like a canvas. Tell me the things you want to do, and I’ll tell you if it’s possible or not. And that’s led to a lot of cool stuff.”

Livable city advocates like Radulovich — progressives who are generally not allied with Newsom and who have battled with him on issues from limiting parking to the Healthy Saturdays effort to create more carfree space in Golden Gate Park — give the Mayor’s Office credit for its greening initiatives.

He credits Greening Director Astrid Haryati and DPW chief Ed Reiskin with facilitating this return to urbanism. “He’s really responsive and he gets it,” Radulovich said of Reiskin. “This is really where a lot of energy is going in the mayor’s office. It seems to have captured their imaginations.”

Another catalyst was last year’s visit by New York City transportation commissioner and public space visionary Janette Sadik-Khan, who met with Reiskin and Newsom on a trip sponsored by Livable City and the San Francisco Bicycle Coalition. Radulovich said her message, which SF has embraced, is that, “There are low-cost, reversible ways you can reclaim urban space in the near term.”

The Mayor’s Office, SFBC, and Livable City partnered last year to create Sunday Streets, which involved closing streets to cars for part of the day. The events have proven hugely successful after overcoming initial opposition from merchants who now embrace it.

Then there’s the Pavement to Parks program — which involves converting streets into temporary parks for weeks or months at a time — that grew directly from the Sadik-Khan visit. Andres Power, who directs the program for the Planning Department, told us the visit was a catalyst for Pavement to Parks: “She came to the city a year ago and inspired my director, Ed Reiskin.”

“We’re rethinking what the streets are and what they can be,” Power said. “It’s rewarding to see this stuff happen and to be at the forefront of a national effort to imagine what our streets could be.”

 

DE-PAVE THE CONCRETE

Pavement to Parks launched last year, a multiagency effort with virtually no budget, but the mandate to use existing materials the city has on hand to turn underutilized streets into active parks. “It looks at areas where we can reclaim space that’s been given over to cars over the decades,” Power told the Guardian.

At the first site, where 17th Street meets Market and Castro, the city and volunteer groups used planters and chairs to convert a one-block stretch of street that was little-used by cars because of the Muni line at the site.

“We bent over backward to make the space look temporary,” Power said, noting the concern over community backlash that never really materialized, leading to two time extensions for the project. “But we’re now ready to revamp that whole space.”

Another Pavement to Parks site at Guerrero and San Jose streets was created by Jane Martin, whom Newsom appointed to the city’s Commission on the Environment in part because of the innovative work she has done in creating and facilitating sidewalk gardens since 2003.

As a professional architect, Martin was used to dealing with city permits. But her experience in obtaining a “minor sidewalk encroachment permit” to convert part of the wide sidewalk near a building she owned on Shotwell Street into a garden convinced her there was room for improvement.

“At that point, I was really jazzed with the result and response [to her garden] and I wanted to make it so we could see more of it,” she said. So she started a nonprofit group called PlantSF, which stands for Permeable Lands As Neighborhood Treasure. Martin worked with city agencies to create a simpler and cheaper process for citizens to obtain permits and help ripping up sidewalks and planting gardens.

“We want to de-pave as much excess concrete as possible and do it to maximize the capture of rainwater,” she said.

Martin said the models she’s creating allow people to do the projects themselves or in small groups, encouraging the city’s DIY tradition and empowering people to make their neighborhoods more livable. More than 500 people have responded, creating gardens on former sidewalks around the city.

“We’ll get farther faster with that model,” she said. “It’s really about engaging people in their neighborhoods and helping them personalize public spaces.”

San Francisco has always been a process-driven city. “We in San Francisco tend to plan and design things to death, so as a result, everything takes a very long time,” Power said.

But with temporary projects under Pavement to Parks, the city can finally be more nimble and flexible. Three projects have been completed so far, and the goal is to have up to a dozen done by summer.

“We’re working feverishly to get the rest of the projects going,” Power said.

One of those projects involves an impending announcement of what Power called “flexible use of the parking lane” in commercial corridors like Columbus Avenue in North Beach. “We’re taking Park(ing) Day to the next level.”

The idea is to place platforms over one or two parking spots for restaurants to use as curbside seating, miniparks, or bicycle parking. “The Mayor’s Office will be announcing in the next few weeks a list of locations,” Power said. “There have been locations that have come to us asking for this.”

“The idea is to do a few of these as a pilot to determine what works and what doesn’t. The goal is to use their trial implementation to develop a permanent process,” Power said. “We want to think of our street space as more than a place for cars to drive through or park.”

Rebar was responsible for the last of the completed Pavement to Parks projects. Known as Showplace Triangle, it’s located at the corner of 16th and Eighth streets in the Showplace Square neighborhood near Potrero Hill. For Rebar, it was like coming full circle.

“We started doing this stuff about five years ago, finding these niches and loopholes and exploring interim use as a strategy for activating urban space,” Bela said. “And to our surprise, what we perceived as a tactical action is now being embodied by strategic players like the Planning Department.”

 

REUSE, RECYCLE, REINVENT

The Rebar crew was like kids in a candy store picking through the DPW yard.

“These projects are all built with material the city owns already, so we had the opportunity to go down to the DPW yard and inventory all of these materials they had, and figure out ways to configure them to make a successful street plaza,” Bela said.

So they turned old ceramic sewer pipes into tall street barriers topped by planter boxes, and built lower gardens bordered by old granite curbs.

“We are trying to be as creative as possible with the use of materials the city already has on hand,” Power said. In addition to the DPW yard that Rebar tapped for Showplace Triangle, Power said the Public Utilities Commission, Port of SF, and the Recreation and Parks Department all have yards around the city that are filled with materials.

“They each have stockpiles of unused stuff that has accumulated over the years,” he said.

For her Pavement to Parks project on Guerrero, Martin used fallen trees that originally had been planted in Golden Gate Park — pines, cypress, eucalyptus — but were headed for the mulcher. Not only were they great for creating a sense of place, they offered a nod to the city’s natural history.

But perhaps the coolest material that had been sitting around for decades was the massive black granite blocks that Rebar incorporated into Showplace Triangle. “One of the most interesting materials that we used in Showplace Triangle was the big granite blocks from Market Street that were taken off because merchants didn’t like people encamping there. They were too successful as spaces, so they got torn out,” Merker said.

Bela said they couldn’t believe their eyes: “We saw these stacks of five-by-five by one-foot deep black granite. Just extraordinary. If we were to do a public project today, we could never afford that stuff. There’s no way. But the taxpayers bought that stuff back in the ’70s and now it’s just sitting there in the DPW yard. It’s a crime that it’s not being used, so it was great to get it back out on the street.”

Radulovich said the return of the black granite boxes to the streets represents the city coming full circle. He remembers talking to DPW manager Mohammad Nuru as he was removing the last of them from Market Street in the 1970s, citing concerns about people loitering on them.

“To see them put up again in JB’s project was symbolic of where the city went and where it’s coming back from,” Radulovich said. “It’s almost like the livability revolution got interrupted and we lost two decades and now it’s picking up again.”

Back in the 1970s, Radulovich said the city was actively creating new public spaces such as Duboce Triangle. It was also creating seating along Market Street and generally valuing the creation of gathering places. But in the antitax era that followed, public sector maintenance of the spaces lagged and they were discovered by the ever-growing ranks of the homeless that were turned loose from institutions.

“The fear factor took over,” Radulovich said. “We did a lot to destroy public spaces in the ’80s and ’90s.”

But by creating temporary public spaces, people are starting to realize what’s been lost and to value it again. “These baby steps are helping us relearn what makes a good public space,” Radulovich said.

For much of the younger generation, building public squares is a new thing. As Aguilera noted, “We don’t have a lot of public plazas anymore or places for people to gather. When Obama was elected, where did everyone go in the city? Into the streets. So we’re trying to give that back to the city.”

 

CARS TO GARDENS

Perhaps the most high-profile laboratory for these ideas is the Hayes Valley Farm, a temporary project planned for the 2.5 acres of freeway left behind after the Loma Prieta earthquake. The publicly-owned land between Oak and Fell streets is slated for housing projects that have been stalled by the slow economy.

“The site’s been vacant for 10 years. They came up with a beautiful master plan. And the moment they’re ready to move on the master plan, there’s an economic collapse, so nothing is happening,” Bela said.

In the meantime, the Mayor’s Office and Hayes Valley Neighborhood Association pushed for temporary use of the neglected site. They approached the urban farming collectives MyFarm and Upcycle. Later, Rebar was brought in to design and coordinate the project.

Now the group known as the Hayes Valley Farm Team has an ambitious plan for the area: part urban garden, part social gathering spot, and part educational space. There will be an orchard of fruit trees, a portable greenhouse, demonstrations on urban farming, and a regular farmers market.

“The different topography of ramps allows for different growing conditions. These ramps are prime exposure to the south,” Merker said. “They create these areas that can produce some really great growing conditions, so it’s kind of funny that this freeway is responsible for that. The ramps actually create different microclimates.”

Most remarkably, the whole project is temporary, designed to be moved in three years. “We’re interested in developing infrastructure and tools and machinery and implements that are sort of coded for the scale of the city: a lot of pedal-powered things, a lot of mobile infrastructure, and smaller things that are designed to be useful in a plot that is only 2.5 acres,” Bela said. “Then when we need to move on, we’ll be able to do that. It’s about being strategic with some of the investments so we can take some of the tools we develop here and move it to the next vacant lot down the street.”

The project has lofty goals, ranging from creating a social plaza in Hayes Valley to educating the public about productive landscaping. “We’re getting away from ideas of turning parks into food production — it can be both,” said David Cody of Upcycle. “We want to just crack the awareness that cities can be multi-use and agriculture doesn’t mean farm.”

This is perhaps the most ambitious temporary project the Mayor’s Office has taken on. “Rebar pushed the envelope on what is possible. I told them it would be a tough one,” Farrah said of the project. But he loves the concept: “You can argue that putting gardens in temporary spaces changes attitudes.”

Symbolically, this land seems the perfect place for such an experiment. “This really is a special spot. If you look at a map of the city, Hayes Valley is in the very center, and this is right in the heart of Hayes Valley,” Aguilera said. “And right now, in the heart of a neighborhood in the heart of the city, there’s this vacant, fallow reminder of what used to be there. We’re looking to turn it into a new beating heart that brings together lots of different parts of the community.”

 

ACTIVATING DORMANT SPACES

Activating dormant spaces in the city isn’t easy, particularly for properties with pending projects. In Hayes Valley, for example, the Rebar crew was required to develop a detailed takedown plan.

“A lot of development is hesitant to get involved with these interim uses because at the end, they’re worried that it’s going to be framed as the evil, money-hungry developer coming in to kick out artists or farmers,” Passmore said. “But the reality is, they are very generously opening up their space is the first place.”

With last year’s crash of the rental estate and credit markets, development in San Francisco stalled, leaving potentially productive land all over the city. “As the city has gone through an economic downturn, like now, the city has a lot of vacant lots with developer entitlements on them, but nothing is being built right now. Those are spaces the public has an interest in,” Merker said, citing Rincon Hill as a key example.

Michael Yarne, who facilitates development projects for the Mayor’s Office of Economic Development, has been working on how developers might be encouraged to adopt temporary uses of their vacant lots.

“How can we credit them to do a greening project on a vacant lot?” Yarne asks, a problem that is exacerbated by the complication that neither the developers nor local government have money to fund the interim improvements.

He looked at the possibility of using developer impact fees on short-term projects, but there are legal problems with that approach. The courts have placed strict limits on how impact fees are charged and used, requiring detailed studies proving that the fees offset a project’s real cost and damage.

“But there is other value we can give as a city without spending a dollar — and that is certainty,” said Yarne, a former developer. He said developers value certainty more than anything else.

Right now, developers have to return to the Planning Commission every year or so to renew project entitlements, something that costs time and money and potentially places the project at risk. But he said the city might be able to enter into developer agreements with a project proponent, waiving the renewal requirement for a certain number of years in exchange for facilitating short-term projects.

“Everyone wins. We get a short-term use, and the developer gets certainty that they won’t lose their rights,” Yarne said, noting that he’s now developing a pilot project on Rincon Hill. “If that works, that could be a template we could use over and over.”

Radulovich is happy to see the new energy Rebar and other groups are infusing into a quest to remake city streets and lots, and with the use of temporary projects to expand the realm of the possible in people’s minds: “Let’s get people reimagining what the streets could be.”

www.rebargroup.org

Holiday Guide 2009

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Does this time of year leave you mumbling “Bah, humbug!” (or maybe “Holidays schmolidays!”)? We understand. The commercialism of this season can feel crippling, especially in an economy as dismal as this one. But here’s hoping our guide to affordable gifts, uplifting food and spirits, and festive destinations helps put some of the cheer back into a season that has potential for so much of it. And if that still doesn’t work? Buy a batch of barleywine. A few bottles in, you won’t even remember what month this is. (Molly Freedenberg, Holiday Guide Editor)


Drunk on holiday spirit
Events, performances, and places to get you in the mood


Gifts on a shoestring
Cheap and DIY ideas for personal gifts


Season’s eatings
Treats and tipples to tickle your holiday fancy


Presents of mind
Gifts that give back


Holiday hops
Seasonal brews to chase away those cold weather blues


Good work
Ways to give your time


Merry mayhem
Gifts for gamers


That’s a wrap
Gifts for movie geeks


‘Tis the season to be Jewy

Housing cars or people?

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news@sfbg.com

GREEN CITY San Francisco Board of Supervisors President David Chiu has introduced legislation that would curtail the ability of residential property owners in Telegraph Hill, North Beach, and Chinatown to evict tenants and replace them with garages.

The ordinance, which is currently being reviewed by staff before it is considered by the Planning Commission, seeks to prohibit the construction of garages in rental properties that have been the site of a no-fault eviction in the past decade. Even if no evictions have occurred, owners would have to apply for a conditional use permit from the Planning Department to build the garage.

"We have seen a pattern of applications for garage installations following no-fault evictions," Chiu aide David Noyola explained.

The Ellis Act, a state law passed in 1986, gives owners the right to evict tenants if they decide to "withdraw from the rental market." The law specifies that all units in the building must be evicted. In 2005, the Board of Supervisors also began requiring landlords to pay $4,500 to each evicted tenant for relocation costs, with an additional $3,000 for seniors and the disabled.

Ted Gullicksen, director of the San Francisco Tenant Union, said the Ellis Act was intended to allow property owners to get out of the business of being a landlord, but "in practice it is utilized far more often by developers who are looking to rent the properties at considerable profit."

Although there are restrictions on re-renting property that has been cleared of tenants under the Ellis Act, a primary concern of tenant activists is the use of evictions to convert the building into a tenancy-in-common. A TIC is a form of joint ownership whereby multiple owners can buy the building and live in separate units.

"Often the real estate developer will try to make improvements following a TIC conversion to make it more sellable, and one of those is garages," Gullicksen said.

Malcolm Yeung, the public policy manager of the Chinatown Community Development Center, told us that "a garage generally increases the market value of a property by $30,000 to $50,000."

Yeung worked with Chiu’s office to develop the legislation after arguing in a discretionary review hearing before the Planning Commission that a particular Ellis Act eviction in the Telegraph Hill neighborhood was in violation of Sec. 101.1(b) of the San Francisco Planning Code, which states "that existing housing and neighborhood character be conserved and protected in order to preserve the cultural and economic diversity of our neighborhoods."

Following the distribution of Ellis Act notices to four low-income families, the property owner also filed for a garage add-on. Yeung successfully made the case that the eviction contradicted the Planning Code’s commitment to the preservation of economic diversity. He told us that the addition of garages "incentivizes owners to take on the financial costs of an Ellis Act eviction" and can "transform communities from long-term low-income residents to TICs, which go on the market at high value."

Gullicksen also said landlords often threaten an Ellis Act eviction and offer a buyout. "One of the benefits of the legislation is that it put tenants more in the driver’s seat when negotiating a buyout," he said. He also noted that homeowners are twice as likely to own cars as renters, which means that the conversions to TICs increase the number of vehicles in neighborhoods already congested with automobiles.

But like with all housing activity, there have been a greatly reduced number of both Ellis Act evictions and buyouts since the crash of the housing and credit markets a year ago, slowing to zero from March through May before slowly picking up in July.

Critics have decried the legislation as creating the burden of obtaining a conditional use permit and exacerbating the lack of street parking in the neighborhoods. But Noyola told us, "This problem has been around for a long time and will continue to be an issue when the market picks up again."

The legislation would also decrease the number of parking spaces that may be built with each new housing unit, part of a citywide trend. Noyola said the legislation is "progressive planning policy that prioritizes housing over parking, especially in the densest part of the city."

Listen to the community

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news@sfbg.com

The HIV/AIDS support community celebrated when President Barack Obama recently lifted the 22-year long U.S. travel ban against people infected with HIV. But officials say the federal government is still deaf to local needs and not making the best use of scarce resources.

The U.S. Conference on AIDS, held Oct. 29-31 at the Hilton San Francisco Hotel, attracted more than 3,000 AIDS treatment and prevention professionals and emphasized the unmet needs of the most at-risk communities.

"By extending the Ryan White Care Program and by lifting the ban, Obama has made a lot of people very happy," said Ravinia Hayes-Cozier, director of government relations and public policy for the National Minority AIDS Council, which sponsored the conference. "But we have to continue to do things differently here, to do things better, and to let the rest of the country know about the epidemic that is in all of our communities."

According to the Centers for Disease Control and Prevention (CDC), more than 56,000 Americans become infected with HIV each year — one every nine-and-a-half minutes — and more than 1 million people living with HIV in the U.S.

Despite these figures, community workers said little movement has been seen on the domestic side in the last eight years and that federal funding often fails to fund the full range of services people need.

"The CDC wants to see deliverable results in the fight against AIDS, which is understandable," said Alfred Forbes, a holistic consultant who led a workshop at the conference on how support and quality of life services have been neglected. "But I believe it has come to the point where we have missed our missions. A lot of organizations are more in touch with the federal funding in their pockets than their own communities."

While Obama’s 2010 budget request includes an estimated $25.8 billion for HIV/AIDS activities, only 4 percent of that is allocated toward domestic HIV prevention, thanks to the emphasis on more traditional care services.

"In the early days of epidemic, most of the work was done by the community, and we would try everything," said Karl Knapper, a program manager at the SF-based nonprofit Shanti. "But while it’s easy to look at results for providing care for people with HIV and AIDS, preventing it is very hard to prove — it’s like trying to prove a negative."

An organization that understands this problem well is the San Francisco AIDS Foundation, an agency that offers one of the oldest syringe exchange services in the country, a program banned from receiving federal funds.

"There is proof this program is saving lives. Before these services were available, 16 to 19 percent of new HIV-infections were caused by sharing syringes. But now in San Francisco, less than 1 percent of new infections are caused this way," said interim vice president of programs and services Keith Hocking.

Of the 28,114 cumulative AIDS cases in San Francisco at the end of 2008, 94 percent were male, 4 percent were female, and 1 percent were transgender persons. Seventy percent of male AIDS cases were among men who have sex with men.

Yet when a San Francisco group working to prevent HIV transmission among all gay and bisexual men created what it thought was a powerful publicity campaign five years ago, it got vilified in Congress and lost its federal funding. "We produced materials that we thought were appropriate for our constituents, and it was a disaster," said Kyriell Noon, executive director of the STOP AIDS Project. "They called it pornography and indecent. But to be perfectly honest, community norms when talking about sex are different in gay and bisexual communities.

"We have to meet the community if we are going to have any effect on the epidemic," Noon continued. "But there is a real disconnect between what we know is effective and what the government wants to fund."

The federally funded Ryan White Program, which covers underinsured individuals living with HIV/AIDS, got $2.3 billion this fiscal year, a $54 million increase over last year. While the CDC has increased funds for HIV prevention by the same amount, many community-based organizations must rely on the San Francisco Department of Public Health to fund less traditional services.

In July of this year, SFDPH allocated $11.5 million for HIV prevention, with $5 million coming from city and state funds. Dr. Grant Colfax, director of HIV Prevention and Research at SFPDH, said community partnership is crucial when tackling the disease.

"We work closely with the community planning council and base our priorities on what communities want and need," he said. "But I really do think it’s progressive to be able to hold ourselves accountable for the preventive methods we use. We do have to show it works."

"There are lots of different opportunities for funding, but we can’t afford to fund everyone," said CDC spokesperson Nikki Kay. "Community-based organizations must apply competitively."

Crossing the line

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sarah@sfbg.com

Estella (a fake name she used to protect her identity) is a single mother of five who came to the United States from Latin America when her oldest daughter was a baby, hoping for a better future for her family.

But thanks to a shift in San Francisco’s sanctuary policy that Mayor Gavin Newsom ordered last year, Estella’s daughter — we’ll call her Maria, now 15 — was seized by federal immigration authorities this fall, ripped from her family and community, and shipped to a detention center in Miami.

Her crime: she got in a fight with her younger, U.S.-born sister.

The experience shattered Estella’s dreams and terrified her family, whom immigration experts describe as "mixed status" because Estella also has U.S.-born children.

It also convinced Estella to speak out publicly to try to convince Newsom that legislation that ensures due process for kids like her daughter is the right thing to do.

Last month, a veto-proof majority of the Board of Supervisors voted to support amendments to Newsom’s current policy in an effort to make sure juveniles get their day in court before being hastily and needlessly referred to federal immigration authorities.

But the next day, Newsom vetoed the legislation introduced by Sup. David Campos, claiming it violates federal law. And now Newsom is refusing to debate the issue with Campos or meet with the community whose kids are at risk of being deported because someone in local law enforcement suspects them of being here without paperwork and accuses them of committing a serious crime.

Under Newsom’s policy, which he ordered without public review in June 2008, city officials are required to refer juveniles whom they suspect of being undocumented felons to U.S. Immigration and Customs Enforcement (ICE) when they book them at Juvenile Hall.

Last month Newsom defended his policy, saying that the city’s sanctuary ordinance, as originally conceived and adopted, was designed to protect law-abiding city residents.

"It was never meant to serve as a shield for people accused of committing serious crimes in our city," Newsom wrote in his veto letter.

His comments followed close on the heels of a San Francisco Chronicle editorial claiming the majority of these juveniles detained are subsequently found guilty of serious crimes.

But this is not true: the Juvenile Probation Department’s 2008 statistics show that 68 percent of the young people arrested in San Francisco that year were found to be innocent.

And as Estella’s story shows, under Newsom’s policy juveniles who have not committed serious crimes are at risk of being reported and detained for possible deportation.

This means a teenager — a 15-year-old girl in this case — could get dropped off in a country she last saw when she was a baby, with no family to meet and take care of her. These kids are at risk of being preyed upon by criminal gangs or "coyotes," often-unscrupulous human traffickers known to abuse and abandon young people during the perilous border crossing.

Most kids in Maria’s situation would want to return to their U.S. home — to their parents, families, friends — the only community they know. But since the federal government has made border crossings increasingly perilous, getting back to the U.S. often requires several thousand dollars in smuggler fees — leaving teens open to harsh exploitation.

In other words, deportation — in Maria’s case, for the crime of a fight with her sister — could be a sentence to years of forced labor, life in a violent gang … or death.

BAD DAY AT SCHOOL


It’s not clear how Maria got into the altercation at school with her sister; fights between siblings and friends in high school are hardly a rare or even terribly remarkable experience. But in this case, Estella told us, a school official reported her daughters’ fight to a social worker, who brought a police officer to Estella’s house for questioning.

As a result, Estella’s daughter was taken to Juvenile Hall. A year ago, she would have had access to a lawyer, who would have helped sort things out. If the fight had been serious or violent, she might have been placed on supervised probation.

But thanks to Newsom’s new policy, probation officers referred her to ICE and its agents swooped in, seized her, and shipped her to Miami.

Ultimately, a juvenile judge in San Francisco recommended Estella’s daughter be put on probation — but by that time, Maria was already in Florida, in a detention center run by a private company under contract to the Department of Health and Human Services’ Office of Refugee Resettlement (ORR).

Detainees have no right to a public defender or free legal services. It’s often hard for their families to find out exactly where they are, so detainees wait in detention for immigration officials to decide what to do next.

Maria was fortunate that ORR recommended temporary reunification. Immigrant advocates say that Estella’s daughter is now back in the Bay Area with her family, but is still under deportation proceedings.

They note that one way parents can get their kids back from ICE is by giving up information — including the names, fingerprints, and addresses of other family members — to federal immigration authorities. But parents are not always willing to do that, especially if it could lead to other family members, including children, being deported.

As of press time, a super-majority on the Board of Supervisors is planning to override Newsom’s veto of Campos’ legislation at its Nov. 10 meeting. But the mayor has said he intends to ignore the Campos legislation — a posture that is not only legally questionable, but leaves immigrant parents facing the ongoing nightmare that their teens could get deported to a country they never knew for a crime they didn’t commit.

Immigrant advocates cite the case of a 14-year-old boy who is under ICE removal proceedings after he brought a BB-gun to school, and a Mexican youth who was deported, even though the District Attorney’s Office dismissed the robbery charges against him.

Patti Lee, managing attorney for the San Francisco Public Defender’s Office Juvenile Unit, described how the feds recently snatched a kid outside juvenile court, even though the District Attorney’s Office had dismissed his case.

"The kid was coming into court with his mother and the ICE agent had a photo of him, and grabbed him outside the building," Lee said. "His mom was hysterical and it was traumatic for our staff."

These are not isolated cases. ICE spokesperson Virginia Kice told us that 150 juveniles from San Francisco have been referred to ICE, and 114 have been taken into federal custody and transferred to detention facilities since Newsom ordered his policy change in 2008.

Immigration advocates say some of the kids have been sent to Yolo County, while others have been shipped to Oregon, Washington, Indiana, and Florida, making visits from family members, who may themselves be undocumented, extremely difficult.

Eric Quezada, an immigrant advocate and the executive director of Dolores Street Community Services, told us that while kids may try crossing the border to rejoin their families and friends, "lacking the serious dollars to come back, many are deported into extreme poverty or to be part of a gang."

Lee notes that federal immigration authorities have a duty to reunite children with their families. "But if the family is undocumented, its members are afraid to step forward, afraid to step into the Youth Guidance Center," Lee said. "So there are some children sent back to their alleged country of origin, without a family and resources. Because we can’t track them, that may be a death sentence."

DEATH MARCH


As a volunteer with No Mas Muertes (No More Deaths), a humanitarian camp in Arizona, SF Pride member Molly Goldberg has seen firsthand what being deported and trying to cross the border means to immigrants in terms of loss of dignity and life.

Arizona has been an immigrant rights testing ground for years. Shortly after its creation as an agency, the Department of Homeland Security provided millions of dollars to build a wall blocking the easiest terrain, forcing border crossers into the most rugged and dangerous areas, Goldberg said.

"They are bottle-necking it so folks cross in the most difficult, deadly area," she said.

Since the wall went up, the numbers crossing have gone down — but numbers dying have gone up. Goldberg said 184 people have died so far this year. But the numbers of dead could be much higher. "Because of the vultures and other scavengers, bodies are gone pretty quickly," she said.

This year, Service Employee International Union Local 1021 organizer Robert Haaland accompanied Goldberg to the border. Haaland says what he saw convinced him of the need for Campos’ amendment.

"I kept thinking about the Campos legislation in terms of seeing the impact of people crossing the border after being deported," Haaland said. He described a makeshift memorial to a 14-year-old El Salvadoran girl named Josseline whom smugglers left behind after she got sick from eating a bad can of tuna, according to her younger brother. He managed to cross the border, but Josseline died after wandering alone and without water in the border’s dry and inhospitable no man’s land for a week.

Others get left behind and die because they are wearing the wrong shoes and end up with badly blistered feet or are too weak to continue the grueling trek. Haaland recalled seeing water bottles that volunteers had left on the coyote trails but had subsequently been slashed, presumably by nativist vigilantes.

"The Border Patrol is using the desert as a weapon and harassing people who go to the border to give humanitarian aid," Haaland said.

That’s where some of the kids Newsom has sent for deportation will wind up.

WHERE ARE THEY NOW?


Although Newsom has made it clear he intends to keep referring kids to ICE, their whereabouts and fate under his policy remains somewhat of a mystery.

Kenneth Wolfe, a spokesperson for ORR, which is responsible for detained juveniles deemed "unaccompanied" (a category they could be placed in if they refuse to divulge the whereabouts of undocumented family members in the U.S.) said he can’t divulge their precise whereabouts because of juvenile confidentiality rules.

Wolfe told the Guardian that kids could be placed in juvenile halls or shelter-like facilities run by private contractors, depending on their crimes. He said ORR is required to report to Congress annually about the program, but the report for FY 2008-09 won’t be available for a few months.

In the meantime, Wolfe e-mailed the Guardian a copy of ORR’s 2007-08 report, which includes a map featuring colored circles to represent the numbers of apprehended kids based on Department of Homeland Security referrals.

The map shows that in 2007-08, less than 100 juveniles were apprehended in Los Angeles, New York, Philadelphia, and Washington; 100-250 were apprehended in San Diego; 1,000-1,600 in Phoenix; and 1,600-2,600 at the U.S.-Mexico border.

Presumably, next year’s map will include a colored circle around San Francisco, representing an apprehension rate similar to San Diego. But it probably won’t reveal which facilities these kids were sent to or whether they were ultimately deported, even though these kids were apprehended on the basis of referrals made by local city officials.

Nor will it show what the local community knows full well: that many deported kids cross back over the border to rejoin their families. Only now, because they have been deported, they are forced to go underground and are at risk if being recruited by gangs.

The federal government’s Unaccompanied Alien Children (UAC) program was transferred from ORR to the Department of Homeland Security in 2003. "The program is designed to provide for the care and placement of unaccompanied alien minors apprehended in the U.S. by Homeland Security agents, border patrol officers, or other law enforcement agencies and are taken into care pending resolution of their claims for relief under U.S. immigration law or released to adult family members or responsible adult guardians," reads the U.S. Catalog of Federal Domestic Assistance. "Resolution of their claims may result in release, granting of an immigration status (such as special immigrant juvenile or asylum), voluntary departure, or removal."

According to a 2008 ORR report, "a great number of UAC have been subjected to severe trauma, including sexual abuse and sexual assault in their home countries or on their journey to the U.S.: gang violence, domestic violence, traumatic loss of a parent, and physical abuse and neglect. In addition, UAC experience the increased probability of ongoing trauma as a result of their uncertain legal status and return to difficult life circumstances."

The report also notes that "UAC have indicated that, among other reasons, they leave their home countries for the U.S. to rejoin family, escape abusive family relationships in their home country, or find work to support their families in their home country."

ORR has approximately 7,200 UAC a year in its facilities, which are operated by organizations such as the U.S. Catholic Conference of Bishops and Lutheran Immigration and Refugee Services. There are more than 41 ORR-funded care provider facilities in 10 different states.

Last year’s ORR report noted that average length of stay in federal detention facilities is 55 days before children are released to family members and other sponsors, move into the adult system, or are returned to their home countries.

"As these programs increase and ICE increasingly places people in them, there’s a financial incentive to keep detaining people." Francisco Ugarte, an immigration lawyer with San Francisco Immigrant Legal and Education Network, told us.

But Abigail Trillin, staff attorney for Legal Services for Children, says ORR is doing a better job of handling juveniles than ICE did. "ORR has the right and obligation to try and place these kids in the least restrictive option," Trillin said. "But being reunified with your family does not in any way change the fact that you are under federal removal proceedings. So you still have a very significant risk of being deported alone to your country of origin."

Having a documented parent helps a juvenile make the case for staying in the U.S. permanently, as does having grounds for asylum. Having siblings who are U.S. citizens or having been here since you were a small child does not significantly help someone’s case.

But ending up in lockup can makes things worse. "If a child is in an ORR secure detention facility, they are less likely to fight their deportation case — a fight that could take up to two years — than if they were reunified with their family," Trillin said. "We have not yet seen a juvenile move from a secure facility to a foster home, but we have in the case of kids who are in ORR shelters for more than three months and have a legal case for staying."

Still, she said it’s possible a child could be flown to an airport in their country of origin without much subsequent support in most Latin American countries. "If they are Mexican, they are flown to the airport in Tijuana, and if there are no relatives, they are turned over to a child welfare agency in Mexico," Trillin said. "I don’t believe that level of cooperation exists elsewhere, though there might be some temporary shelters for them to wait in while their relatives are coming."

All countries of origin will have some involvement, Trillin noted, to the extent that they are contacted because all these kids need travel documentation. But that support is minimal. As she said, "Our country feels that it’s done its duty once the consulates are contacted."

LETTER OF THE LAW


In his Oct. 28 veto letter, Newsom claimed that the supervisors had changed the sanctuary ordinance by "restricting the ability of local law enforcement officers to report juveniles who are in custody after being booked for the alleged commission of a felony and are suspected of vioutf8g the civil provisions of our sanctuary ordinance."

But in a Nov. 2 response to Newsom’s veto, Campos countered that his amendment won’t shield anyone guilty of such crimes and he invited Newsom to publicly debate the issue. "The board and the people of San Francisco deserve to understand more fully why you intend to ignore this policy and the time-honored democratic processes followed in enacting it," Campos wrote. "At stake is the protection of innocent immigrant children that have been unjustly separated from their families."

He also accused Newsom of spreading misinformation about what federal law requires. "City officials have no affirmative legal duty under federal law to expend limited local resources and funding on immigration enforcement," Campos wrote, citing a July 1, 2008 public memo from the City Attorney’s Office and legal experts from Yale Law School, Stanford Law School, and UC Davis Law School who "have all agreed that there is no federal duty to inquire or report."

Noting that the City Attorney’s Office has made it clear that his proposed amendment is "a legally tenable measure," Campos concluded that "the point at which a referral of a minor is made to ICE is ultimately not a legal decision but a policy decision.

"Our criminal justice system rests on the principle that everyone is innocent until proven guilty; that is why providing youth an opportunity to contest a charge in court is a matter of basic due process," Campos continued. "The current policy is creating a climate of fear in immigrant communities, which means that immigrants who have been victims or witnesses to crimes are afraid to come forward."

The City Attorney’s Office has declined to comment on whether the mayor has the authority to ignore properly approved legislation. "We are not going to comment on legislation that’s still in the legislative process," City Attorney spokesperson Matt Dorsey told us.

But Campos believes the mayor lacks any such authority. "Can the mayor ignore legislation because he believes it’s illegal? Does he have the authority to have the final say? I don’t think so," said Campos, who is an attorney.

Trillin sees Newsom’s refusal to debate the issue with Campos as further confirmation that the Mayor’s Office doesn’t have a substantive argument that its sanctuary policy is a good one. "They can’t defend their position. They can’t win on substance," said Trillin, whose organization frequently provides legal guidance and support for immigrant youth.

She noted that the controversy that prompted Newsom’s policy change started with family reunification efforts. City officials were trying to reunite undocumented teenagers who were caught selling crack in downtown San Francisco with their families in Honduras when ICE officials intercepted them at George Bush Intercontinental/Houston Airport in December 2007 and May 2008.

These interceptions led U.S. Attorney Joe Russoniello, who opposed San Francisco’s sanctuary ordinance when it was introduced in the 1980s, to claim that flying youth back to their families without first referring them to ICE was tantamount to harboring criminals.

After the apprehended city officials claimed they were acting in accordance with San Francisco’s sanctuary ordinance, Russoniello convened a federal grand jury to investigate the city’s juvenile probation department. That investigation still hangs over JPD, even as Sen. Barbara Boxer mulls recommending candidates to replace Russoniello.

Meanwhile, right-wing activists have been blaming the city’s sanctuary policy for the tragic 2008 shootings of three members of the Bologna family, after they discovered that 23-year-old Edwin Ramos, the alleged killer and an MS-13 gang member, was apprehended by San Francisco’s juvenile justice system as a teen, but was never referred to the feds.

Facing this firestorm, Newsom caved to public pressure and followed the advice of Kevin Ryan, his Republican criminal justice director and the only prosecutor fired for cause during the 2006 U.S. attorneys firing scandal, by ordering that the city treat juvenile immigrants as adults, referring them to ICE at the moment of arrest on felony charges.

CHILDREN ON ICE


The same day supervisors approved Campos’ amendment, outgoing LAPD Chief William Bratton urged his department to keep its focus on fighting crime, not illegal immigration, plunging headfirst into the controversy over the federal 287(g) program.

Created in 1996 and expanded in the wake of 9/11 purportedly to counter terrorism and violent crime, the 287(g) program allows the federal government to enter into agreements giving local police the authority to enforce federal immigration laws. This has led many immigrants to mistrust and refuse to cooperate with local cops.

"My officers can’t prevent or solve crimes if victims or witnesses are unwilling to talk to us because of the fear of being deported," Bratton wrote in a Los Angeles Times opinion piece.

"I think what Chief Bratton is saying is different from what we are hearing in San Francisco" Campos said. "Mayor Gavin Newsom seems to be implying that San Francisco’s juvenile probation officers have no choice. But really, there is no law requiring them to refer kids to ICE. So it seems that what the mayor is doing is creating a de facto 287(g) program that gives local officers the power of federal agents."

That’s why Campos said it’s important for Newsom to participate in a public discussion of his intentions. "We need to ask the mayor if what he is saying is that JPD is an arm of ICE. If that’s the case, we need to know."

President Obama promised during the campaign that immigration reform would be part of his legislative agenda, but the White House hasn’t acted much on the issue. Yet immigration attorney Francisco Ugarte is hopeful that the tide is turning locally, as witnessed by the outpouring of support for Campos’ legislation. "Thirty-three percent of San Francisco residents are foreign-born," Ugarte observed. "That’s a really high number, a significant part of the constituency."

Russoniello told the Guardian that immigrants are not entitled to the same level of due process as citizens, implying that the U.S. has a two-tier criminal justice system. "There are citizens, and then there are people," Russoniello said.

Ugarte finds such arguments laughable. "The federal government has to make the argument that the Fourth Amendment does not apply to undocumenteds," Ugarte said. "These are hare-brained ideas that stem from hate and fear. The wonderful part of our country is that we have respect in the laws for all."

Ugarte believes that blaming the tragic Bologna murders on the city’s immigrant youth policy is like arguing that putting people on parole leads to crime. "Yes, there are going to be bad apples," Ugarte said. "But that doesn’t mean we can solve our problems by sending people to another country. L.A. thought it could get rid of gangs by deporting people to El Salvador. But guess what? They only grew the problem."

Patti Lee of the Public Defender’s Office doesn’t believe that the sanctuary policy will change unless the Board exerts financial pressure on Juvenile Probation. "I do not believe the policy will change because JPD is under orders from the mayor," Lee explained. "But JPD is supposed to comply with the legislation. So the Board of Supervisors, through its Public Safety Committee, could question JPD’s chief about his current process and why he isn’t complying with it. The board does have control over JPD’s budget, so it can put the squeeze on them."

"When police arrest and detain an undocumented child and bring them into detention charged with a felony, the minute they come in front gate, JPD has been directed to contact ICE," Lee said. "So we are not even aware until a day or two later, when we receive a police report or when we get a house list the next day, if someone is ICEed or not."

If the kids are unaccompanied and there are no family members in town, they typically go to juvenile lock-up for 30 days and then are released to ICE and get deported," Lee said.

"They are being ICEed even if they are adjudicated," Lee added, noting how her department got one youth’s charges reduced to misdemeanors but JPD reported the youth to ICE anyway, based on the current policy that any undocumented person booked on a felony should be reported at the moment of booking. "So they were ICEed without due process," Lee said. "And these are children."

In the mood

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andrea@mail.altsexcolumn.com

Dear Andrea:

I get irritable with my boyfriend when he doesn’t want to have sex. This doesn’t happen that often — we’ve been together less than a year and have sex most times we’re together, which is about five days out of seven. But sometimes he’s tired or not in the mood. This should be OK, right? If I were the guy and he were the girl, everyone would say "Stop pressuring her!" But I can’t help feeling bad. What is wrong with me?

Love,

Moody

Dear Mood:

Indeed, what is wrong with you? Could it be that you are simply an irritable person, and if it were not this issue, you’d find something else about your interactions with Boyfriend Boy to make you cranky? No? Then you’re just a normal person who is acting kind of spoiled. You and BFB are occasionally out of synch. And even non-cranky people have a hard time wrapping their heads around this part, but it is nobody’s fault.

It would be a vast and silly oversimplification to say that everyone has a natural libido set-point, like the one that keeps your body-weight unsatisfactory (To you! I do not care!) no matter what changes you make to your ratio of calories-in to energy-out. People certainly do seem to have something of a tendency toward the high, middle, or low end of the libido scale, but life, moving on as it does, changes things. (Actually, body-weight set-points also shift, but shut up, it was a nice simile.) Things do calm down a bit post late-adolescence/young adulthood, and even for those who can honestly state that they feel just as driven as always by their own hormones, stuff gets in the way. And sometimes that stuff gets back out of the way eventually, the kids go to college, or a health issue resolves, or they start sleeping better, and a dampened libido can come roaring back to life. So no way am I positing that sex drive takes a long slow dispiriting slide toward oblivion as soon as we become grownups or anything, just that libido is dynamic. Even yours, sex-wanting girl, is subject to change.

You have got yourself a very minor, occasional mismatch. You want sex five times a week. That’s fine. Sometimes he doesn’t. The tricky part, of course, is that that’s fine too. "Not the same as you" does not mean "broken." It doesn’t mean he owes you anything; nor does he need to change. Neither do you, as far as the sex drive goes. The irritability, well, that could be a problem.

Take a look at how you’re handling the communication end here. Are you telling him, covertly or overtly, that he has been weighed and found wanting? Are you sulking or crabbing at him when he doesn’t put out, or sighing heavily, or doing your best to make him feel guilty? ‘Cause I gotta tell you, all those have been rigorously laboratory tested and found to be potent anti-aphrodisiacs. You want to make sure your own attitudes or actions are not exacerbating the problem, assuming there is a problem. Which, frankly, there isn’t.

You do not have to dial back your natural level of desire, assuming that is even possible. You may need to dial back your expectations; those you have some control over. If he’s naturally content at something like three or four times a week (that’s officially "lots of sex," by the way) it’s fairly unlikely that’s suddenly going to change. So don’t make yourself crazy. I have no idea if Einstein really said that the definition of insanity is doing the same thing over and over and expecting different results, but somebody ought to have.

And now, some solutions: since you sound young and saucy and unabashed, why not suggest a little mutual masturbation on his off nights? You, at least, would emerge dehornified, and who knows? Maybe a little action with no pressure to perform would give him ideas. Sometimes we think we’re a lot tireder or less in the mood than we really are. If he cannot be spurred to mutuality, you can always just say "OK, don’t mind me, then!" and reach for your sex tool (now that I have kids and approximately 1 billion actual toys the word "toys," like "play" and "play date" has been substantially desexified for me, so I’m trying something new here; do we like it?) and have it as though he weren’t there. And if that doesn’t seem doable, excuse yourself and come back when you’re done.

The most interesting part of your question, to me, was actually none of this stuff, but the part that people would think you were awful if you were a guy pressuring a girl for sex. And my answer is yes, they totally would. But that is no excuse to do it yourself.

Love,

Andrea

See Andrea’s other column at carnalnation.com.

Editor’s Notes

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tredmond@sfbg.com

I went to a nice suburban high school in a nice suburban town, and my friends were all middle-class kids, mostly white, who were all headed for college. But at some point during our four-year stints, every one of us got in trouble.

There were fights. There was pot. There was underage drinking. There was the bowl-three-games-and run-out-the-door-without-paying plan. There was the time our poor Latin teacher fell asleep during a test and we all took our test papers and climbed out the second-floor window and ran off to a donut shop. Somebody shot out Mrs. DeLuca’s window with a Wrist-Rocket one night, and I’m not telling who.

The assistant principal got involved; parents got involved; and on a relatively frequent basis, the police got involved.

That, I think, is fairly typical of teenage life — and it’s why we generally don’t treat teens who commit minor infractions as criminals. None of my friends ever went to jail. A couple of times it got as far as Judge Bettman’s court, and he’d issue a severe lecture. But that would be the end.

I cannot imagine what it’s like to be an immigrant teen in San Francisco these days.

There’s a 15-year-old girl Sarah Phelan writes about in this week’s cover story who got in a fight with her sister at school. Not a great moment in the history of adolescent behavior, but not such a big deal, really. Somehow though, the girl was referred to the Juvenile Probation authorities, who reported her to Immigration Control and Enforcement — and without warning, she was taken away from her family, her home, her school, her community, and whisked off to an internment center in Miami. From there, she could have been deported — at 15, to a country she left as a baby.

Imagine what it’s like to be 15, a San Francisco kid who’s always been an American, suddenly flown to Mexico, turned over to that country’s child protection service, and told that you’re home. Or to be told (without access to legal counsel) that you either have to turn in your parents (who will then be deported) or spend the next three years in prison or a foster home. And the only way to get back to San Francisco, where your whole community lives, is to come up with thousands of dollars (and how do you suppose a teen is going to do that?) to pay a smuggler to take you through a perilous desert border crossing where a whole lot of people die.

I can’t imagine it. It’s too awful.

This is happening, folks, and it’s happening right under our eyes, thanks to Mayor Gavin Newsom and his approach to juvenile justice. This is the human side of the policy discussions over Sup. David Campos’ sanctuary legislation.

High school kids in San Francisco have to live in mortal fear — I’m not kidding, deportation can be a death sentence — every single day because they have brown skin and come from a family that may have entered the country without papers. I’m sorry — a kid who came across the border as a baby didn’t break any laws, and shouldn’t be punished for it.

And the "crimes" that are literally ruining these young people’s lives often amount to little or nothing — to the shit most of my friends did too, once upon a time. Except we were white.

Newsom: support just-cause eviction law

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EDITORIAL Mayor Gavin Newsom, reeling from criticism of his disappearing act last week and his failure to quickly reengage with San Francisco, has an opportunity to repair some of his tattered image, particularly among progressives, and mend fences with the majority of the Board of Supervisors. It wouldn’t even require a dramatic or groundbreaking step — all he has to do is agree to sign legislation by Sup. John Avalos extending eviction protections to roughly 20,000 vulnerable San Francisco renters.

The Avalos legislation clears up a lingering loophole in the city’s rent-control ordinance, a leftover piece of a bad deal that tenants were forced to accept when the city first moved to limit rent hikes 20 years ago. Back in 1978, with greedy landlords taking advantage of a housing shortage to jack up rents by astronomical rates, the supervisors and then-Mayor Dianne Feinstein were under immense pressure to pass some kind of control. But the landlord-friendly mayor and at-large elected board were unwilling to do what Berkeley had done across the bay by setting permanent limits on how much landlords could raise prices. Instead, they approved a watered-down measure aimed largely at fending off a tenant initiative that would have gone further.

The deal capped rent hikes — but only for existing tenants, allowing landlords to raise rents whenever a unit became vacant. And, after the real estate industry whined that rent control would cause developers to stop building new housing in San Francisco (a dubious claim if ever there was one), the supervisors agreed to exempt all newly constructed housing (that is, anything built after 1979) from any rent regulations at all.

That housing is still exempt from rent control — and because the rent control law also includes eviction protections for tenants, the post-1979 housing stock is also exempt from those rules.

Most San Francisco tenants enjoy what’s known as "just-cause" eviction rules — that is, you can’t toss a tenant out on the streets without a reason. Failure to pay rent, of course, is legal grounds to send someone packing; it’s also okay to force a tenant out if the owner wants to move in.

But for the roughly 20,000 renters living in newer units, evictions can happen on a landlord’s whim — and one of the most dangerous problems is the lack of protection for people who live in a foreclosed building. Tenants in older, pre-1979 buildings have the right to continue to live in the property, under the same lease or rental agreement, after a sale or foreclosure. The Avalos bill would extend that protection (and the other just-cause protections) to all tenants in the city.

It’s hardly a radical idea — and given the boom in high-end housing construction in this city over the past decade (slowed only by the economic crash), the claim that tenant protections will doom new housing is demonstrably false. It would save vulnerable residents from losing their homes, protect people who live (through no fault of their own) in foreclosed properties, and restore a level of fairness to the local housing market.

The measure will almost certainly get six votes on the board, so the only real obstacle is the threat of a Newsom veto. The mayor should state publicly that he supports the measure and will sign it — which could be the start of a new, more promising chapter in Newsom’s political career.

Return to Cougar Town

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andrea@mail.altsexcolumn.com

Dear Readers:

I was going to write more this week about body size, body image, and sex, but I’m stupid sick, so here’s an older one ["Cougar Den," 10/22/08] about age instead. It’s all connected anyway. Don’t get the flu.

Love,

Andrea

Dear Andrea:

Fourteen years ago, when I was 26, I met my husband, who was then 58. We’ve stayed together through thick and thin and we love each other enormously. It has pained me over the past decade to realize that, even when the woman in question has her own accomplishments and is not a "bimbo," and even when the man in question is appealing and interesting (not a Donald Trump or a philandering cad) — still the nasty stereotypes abound. British comedian Graham Norton, for instance, refers to Catherine Zeta-Jones as "that gold-digging Welsh whore."

I find that otherwise thoughtful women I meet, acting on a mixture of feminism, anger, and what I infer to be unacknowledged personal pain or fear, seem too willing to continue such stereotypes, and I hesitate to open up to women I would otherwise think of as potential friends. I have hoped that as increasingly empowered women realize that they can date younger men if they choose, the rage over the double-standard and fear of abandonment and dwindling romantic options will begin to fade.

Then SNL comes along with, among other bits that belittle older women, their despicable new "Cougar Den" skit, mocking sexually-active older women as ridiculous and disgusting. Fuck you SNL!

These mean-spirited portrayals are destructive. I’ve attempted to convey this message through other venues and have been ignored. I remember a few years ago you wrote that the only regrettable mixed union between adults is "the always unfortunate nice person/asshole combo" — so maybe you’ll see my point and print this.

Love,

Love My Older Spouse

Dear Love:

Ha, that’s a pretty good line. Thanks for remembering it.

I hadn’t even thought about SNL in years until the recent gratifying return of Tina Fey, but now that you mention it (you didn’t), I have conceived a visceral loathing for Sarah Palin so intense that I couldn’t even watch the debate for fear of feeling too sick to cook dinner. And yet I’ve still managed to be offended, feministically-speaking, by some of the endless harping on her supposed babe-itude. Can we not leave her legs (slender and therefore officially babe-ly) and Secretary of State Clinton’s, which have been judged unacceptably stumpy, and everyone else’s out of the equation and judge the candidates on their merits? Gov. Palin, for instance, doesn’t have any. We win!

As for cougars, I have puzzled over the sudden emergence of the stereotype and the unquestioned assumption that the women it is applied to deserve ridicule. After a spate of popular-media articles in the 1990s about older women and their younger men, I suppose some degree of backlash was inevitable. Still, I, like you, am nonplussed by the degree of venom spit at any woman of a certain age who dares not only to date above her age-determined station but to do anything for fun at all beyond book-club, knitting, and golf.

Don’t you think, though, that the reaction of some older women to a young one seen with a man old enough to be the first woman’s first husband is understandable? We can claim the right to date younger men all we like, but who’s to say most younger men will be interested? And there are still legions of old coots advertising for "fit, slender" young things in the personals. There is still a media-driven double standard keeping George Clooney in the "sexy lead" seat while Glenn Close and Cybil Shepherd have to play doughty moms and, yes, cougars. Even the accolades heaped on the glorious Helen Mirren in recent years have a faint aspect of the freak show about them: "Step up and see the 60-something woman who is still sexually attractive!" These forces are still powerful enough to make your fond wish for a time when older women will inevitably gaze upon your union with one of their own with bland approval still a bit of a pipe dream. As long as older women with a sex drive and indeed any juice at all left in them are laughed and pointed at, some will still look at a young woman who scoops up one of the few available men in their bracket as whatever the opposite of a cougar might be. Minx. Bitch. Gold-digging (Welsh) whore. Sad, and frustrating, but human.

Incidentally, I was curious about the origin of "cougar" in this context and found an article dating it to the founding in 1999 of Cougardate, an online dating site. A book, Cougar: A Guide for Older Women Dating Younger Men, by Valerie Gibson, came along in 2001. As you can see, these were guides for women, so the term, even with its "rapacious animal" connotations, wasn’t even meant pejoratively. The nastiness accrued to it gradually, it seems, and inevitably. If it’s about women actually wanting sex, that’s gonna happen.

OK, Now I’m mad too.

Love,

Andrea

See Andrea’s other column at carnalnation.com.

Marching on Chevron

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news@sfbg.com

GREEN CITY Although the 250-seat Roxie Theater auditorium was filled to capacity for the Nov. 1 screening of the controversial film “The Yes Men Fix the World,” the real action took place on the city’s streets when audience members took the film’s anticorporate message directly to an oil giant’s door.

Activists from Global Exchange co-organized the San Francisco film premiere to protest alleged human rights abuses and environmental devastation by Chevron Corporation, California’s largest corporation and the fifth largest in the world. The theatrical protest followed the film and ran from 16th Street to a Chevron station at Market and Castro streets.

Antonia Juhasz, director of Global Exchange’s Chevron Program, introduced the film, riling up the crowd when she said, “After viewing this film, we will be so inspired we won’t know what to do with ourselves. But we need to take this energy and direct it toward affecting change.”

The film chronicles the exploits of “Yes Men” Andy Bichlbaum and Mike Bonanno, following the pair as they perform various publicity stunts in an attempt to illustrate the greed and corruption of the free-market system and draw attention to their progressive causes.

Currently being sued by the U.S. Chamber of Commerce for recently staging a fake press conference on global warming, the duo have been called world-renowned troublemakers because of antics like announcing live on BBC that the Dow Chemical Company would finally clean up the site of the Bhopal, India, gas leak and compensate the victims.

Although the film does not directly reference Chevron, it aspires to hold corporations accountable for impacts to the communities they operate in. Juhasz said that although Chevron spends billions of dollars on advertising campaigns, it operates with blatant disregard for the environment.

Chevron spends less than 3 percent of its expenditures on alternative energy, operates a coal company, and is among the world’s largest corporate contributors to global warming, she said.

“We want to link communities in the struggle against this corporation, demanding policy changes and building pressure where Chevron operates,” Juhasz said. “By targeting one company, the whole industry is affected and eventually energy policies can be changed.”

The procession was led by protestors dressed as Chevron officials, cleaners, and absurd imaginary products. “Today we are demonstrating what Chevron is actually doing,” said Rae Abileah, grassroots coordinator for CodePink, the antiwar group that participated in the event. “We are just showing what a mockery this all is and that we can rise up as people to transform our world.”

As “I Will Survive” blared from speakers, the procession had a party-like atmosphere that attracted bystanders. Larry Bogad, an associate professor at UC Davis, came up with the concept and told us that “by using surprise, humor, imagination, and protest to engage people, we can stimulate thought and draw a deeper and wider attention to the issue.”

For David Solnit, organizer with the Mobilization for Climate Justice, the unusual nature of the event was exactly what made it so effective. “We are taking a popular film that deals with corporate power and trying to break down the barrier between consuming media and taking action,” he said.

Bichlbaum, one of the film’s stars, attended the protest and spoke about the importance of the grassroots movement. “If I can do it, anyone can … You need your feet and a bunch of friends. That is much more important than a business card.”

Juhasz said the destination for the procession was a symbolic choice. “This is an independently-owned Chevron station. The target is not the station, but a theatrical event to draw attention to the issue in the spirit of theater and fun.”

Although he didn’t attend the event, the station’s owner, David Sahagun, told the Guardian: “Employees told me that the crowd was well behaved and did a good job making their point.” As former president of the San Francisco Small Business Network, he stressed the struggles of locally-owned businesses in the face of large corporations and said he was “trying to be a community partner”

Chevron officials did not return calls seeking comment.

The battle for District 6

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tredmond@sfbg.com

The race to replace Chris Daly — the always progressive, sometimes hotheaded supervisor who has dominated District 6 politics for almost a decade — is becoming one of the most important battles of 2010, with the balance of power on the board potentially in play.

Through whatever accident of politics and geography, San Francisco’s even-numbered districts — five of which will be up for election next fall — haven’t tended to fall in the progressive column. Districts 2 (Marina-Pacific Heights) and 4 (Outer Sunset) are home to the city’s more conservative supervisors, Michela Alioto-Pier and Carmen Chu. District 8 (the Castro) has elected the moderate-centrist Bevan Dufty, and District 10 is represented by Sophie Maxwell, who sometimes sides with the progressives but isn’t considered a solid left vote.

District 6 is different. The South of Market area is among the most liberal-voting parts of San Francisco, and since 2000, Daly has made his mark as a stalwart of the board’s left flank. And while progressive are hoping for victories in districts 8 and 10 — and will be pouring considerable effort and organizing energy into those areas — Daly’s district (like District 5, the Haight/Western Addition; and District 9, Mission/Bernal Heights) ought to be almost a gimme.

But the prospect of three progressive candidates fighting each other for votes — along with the high-profile entry of Human Rights Commission director Theresa Sparks, who is more moderate politically — has a lot of observers scratching their heads.

Is it possible that the progressives, who have only minor disagreements on the major issues, will beat each other up and split the votes enough that one of the city’s more liberal districts could shift from the progressive to the moderate column?

A FORMIDABLE CANDIDATE


A few months ago, District 6 was Debra Walker’s to lose. The Building Inspection Commission member, who has lived in the district for 25 years, has a long history on anti-gentrification issues and strong support in the LGBT community.

Jim Meko, who also has more than a quarter century in the district and chaired the Western SOMA planning task force, was also a progressive candidate but lacked Walker’s name recognition and all-star list of endorsements.

Then rumors began to fly that school board member Jane Kim — who moved into the district a few months ago — was interested in running. Kim has been a leading progressive voice on the school board and has proven she can win a citywide race. She told me she’s thinking seriously about running, but hasn’t decided yet.

Having Kim in the race might not have been a huge issue — in District 9 last year, three strong progressives competed and it was clear that one would be the ultimate winner. But over the past two weeks, Theresa Sparks has emerged as a likely contender — and if she runs, which seems more than likely at this point, she will be a serious candidate.

Sparks picked up the kind of press most potential candidates would die for: a front-page story in SF Weekly and a long, flattering profile in San Francisco magazine, which called her "San Francisco’s most electrifying candidate since Harvey Milk." Sparks does have a compelling personal tale: a transgender woman who began her transition in middle age, survived appalling levels of discrimination, became a civil rights activist and now is seeking to be the first trans person elected to the San Francisco Board of Supervisors.

She has experience in business and politics, served on the Police Commission, and was named a Woman of the Year by the California State Assembly (thanks to her friend Sen. Mark Leno, who would likely support her if she runs).

"Anyone who knows Theresa knows that she is smart, a formidable candidate, can fundraise, and will run a strong race," Robert Haaland, a trans man and labor activist who supports Walker, wrote on a Web posting recently.

She’s also, by most accounts (including her own) a good bit more moderate than Walker, Meko, and Kim.

LAW AND ORDER


Sparks doesn’t define herself with the progressive camp: "I think it’s hard to label myself," she said. "I try to look at each issue independently." Her first major issue, she told me, would be public safety — and there she differs markedly from the progressive candidates. "I was adamantly against cuts to the police department," she said. "I didn’t think this was a good time to reduce our police force."

She said she supported Sup. David Campos’ legislation — which directs local law enforcement agents not to turn immigrant youth over to federal immigration authorities until they’re found guilty by a court — "in concept." But she told me she thinks the bill should have been tougher on "habitual offenders." She also said she supports Police Chief George Gascón’s crackdown on Tenderloin drug sales.

And she starts off with what some call a conflict of interest: Mayor Gavin Newsom just appointed her to the $160,000-a-year post as head of the HRC, and she doesn’t intend to step down or take a leave while she runs. She told me she doesn’t see any problem — she devoted more than 20 hours a week to Police Commission work while holding down another full-time job. "I don’t know why it would be an issue," she said, noting that Emily Murase ran for the school board while working as the director of the city’s Commission on the Status of Women.

But some see it differently. "It would be as if the school superintendent hired someone to a senior job just as that person decided to run for school board," Haaland said.

Sparks’ election would be a landmark victory for trans people. For a community that has been isolated, dismissed, and ignored, her candidacy (like Haaland’s 2004 run in District 5) will inspire and motivate thousands of people. And it’s a tough one for the left — opposing a candidate whose election would mean so much to so many members of one of the city’s most marginalized communities could be painful. "A lot of folks will say that the progressives will never support a transgender candidate," Haaland noted.

But in terms of the city’s geopolitics, it’s also true that electing Sparks would probably move District 6 out of the solidly progressive column.

"If we lose D6, it’s huge," Walker noted. "This is where most of the new development is happening, where law-and-order issues are playing out, where we can hope to save part of the city for a diverse population."

More than that, if progressives lose District 6 and don’t win District 8, it will be almost impossible to override mayoral vetoes and control the legislative agenda. And that’s huge. On issue like tenants rights, preventing evictions, controlling market-rate housing development, advancing a transit-first policy — and raising new revenue instead of cutting programs — the moderates on the board have been overwhelmingly on the wrong side.

Kim, for her part, doesn’t want to talk about the politics of the 2010 elections — except to say that she’s thinking about the race and will probably decide sometime in the next two months. But she agreed with my analysis of how any left candidate should view this election: if she’s going to enter, she needs to present a case that, on the issues that matter, she’d be a better supervisor than either of the two long-term district residents with strong progressive credentials already in the race.

"I don’t have an answer to that now," Kim told me. "And when I make my decision, I will."

The pension fund evictions

0

news@sfbg.com

In the wake of some big money-losing real estate deals, the California Public Employee’s Retirement System, the largest public pension fund in the nation, is reviewing its investment policies. But it’s too late to help working-class people displaced by two major CalPERS investments.

In 2006, at the height of the real estate bubble, CalPERS put $600 million into real estate deals in New York City and East Palo Alto that, critics say, have led to rent hikes, displacements, and harassment of moderate-income tenants.

The pension fund invested $100 million in Page Mill Properties II, which used the money, along with a sizable bank loan from Wachovia, in a 2006 building-purchase frenzy. The outfit wound up with more than 100 buildings in East Palo Alto — some 1,800 housing units. Another $500 million went to Tishman Speyer Properties and BlackRock Realty, cash that was used in the $5.4 billion deal to snag the Manhattan apartment complexes Stuyvesant Town and Peter Cooper Village.

Those investments are currently teetering on financial ruin. The San Jose Mercury News reported Sept. 9 that Page Mill Properties missed a $50 million dollar balloon payment on its $243 million loan. Now the properties owned by Page Mill are in receivership, placing the landlord’s future and CalPERS’ investment in peril. (Our calls to Page Mill haven’t been returned.)

A Sept. 9 New York Times article quoted real estate analysts predicting that Tishman Speyer and BlackRock would exhaust their funds by December and face loan defaults. A recent New York state court ruling may hold the companies responsible for an estimated $200 million in improper rent overcharges.

Rent overcharges — in violation of rent-control laws — is one piece of what some have labeled "predatory equity" schemes. A May 9, 2008 Times article described the idea: buy rental housing with a lot of middle-income tenants, remove those tenants from rent-controlled units, and re-rent the places to richer people at higher rent. The outcome was supposed to be a quick, profitable return on high-risk investments.

TROUBLE IN EAST PALO ALTO


The Page Mill properties in East Palo Alto border the more affluent neighborhoods of Palo Alto and Menlo Park on the west side of Highway 101. The neighborhood is home to service workers and public employees, many of them people of color. "It’s choice real estate, no question about it. I don’t think Page Mill’s plan was to serve the low-income tenants," Andy Blue of the advocacy group Tenants Together told us.

But local officials haven’t been thrilled with the results. "We are under siege by Page Mill Properties," East Palo Alto Mayor Ruben Abrica told the Mercury News last month. The city is locked in several court battles with the real estate outfit, including two over the city’s rent stabilization ordinance.

A resolution passed by the City Council last year stated that Page Mill had imposed rent increases beyond the 3 percent allowed by the ordinance, and urged CalPERS to intervene.

In an document e-mailed to CalPERS and obtained by Tenants Together, Page Mill claims its rent increases averaged 9 percent. But a class-action suit filed by several Page Mill tenants reported increases of more than 30 percent. A 2008 injunction filed by the city against Page Mill cited increases ranging from 5 percent to 40 percent.

According to the Fair Rent Coalition’s Web site, nearly half the people affected were cost-burdened as defined by government standards — meaning that more than 30 percent of their income already went to rent. The result of the rent increases, according to the city’s resolution, was the displacement of low-income tenants from their homes.

In fact, vacancy rates in East Palo Alto spiked after Page Mill came on the scene. According to numbers crunched by the Fair Rent Coalition and based on 2007 census data, the vacancy rate reached 24 percent in 2008. Before Page Mill started buying up property, vacancy rates were as low as 2 percent. Further, there were 182 evictions between 2007 and 2009 according to the San Mateo County Sheriff’s Office.

RAW DEAL IN MANHATTAN


The Tishman Speyer deal has gotten a lot of press on the East Coast — much of it highly critical. The two massive housing complexes were built for middle-income renters and were one of the few moderate-income communities remaining in Manhattan.

David Jones, president of the Community Service Society of New York, wrote in a Sept. 17 Huffington Post piece that it was the intention of Tishman Speyer to shove aside moderate income to make room for more affluent renters who can afford the higher rents. He called it a "classic example of ‘predator equity.’"

Dina Levy, who works with the New York advocacy group Urban Homesteading, agrees with that assessment. She told us in a phone interview that it was obvious what plans the real estate firms had in mind for the properties.

She said that CalPERS, as a public agency, should have been more careful about getting involved in this sort of investment. She told us that other bankers she talked to thought the deal was toxic and stayed away. "Why would CalPERS put money into a deal that’s predicated on displacing families?" Levy asked.

The Wall Street Journal reported Oct. 23 that CalPERS is extensively reviewing its relationship with Apollo Global Management, which handled a majority of its real estate equity. The fund also issued a new policy on its dealings with placement agents.

But so far, there has been no public investigation of the East Palo Alto and New York investments. Tenancy advocacy groups and East Palo Alto have asked CalPERS to take an active role in the management of Page Mill’s property.

"It doesn’t appear that the human impact of their investments were considered at all as part of this," Tenants Together executive director Dean Preston told us.

Preston’s group is trying to get CalPERS to adopt predator-free investment guidelines — a policy that already has been instituted by New York’s pension fund.

CALPERS DUCKS


In a February letter to Tenants Together, CalPERS called itself a "limited partner in the partnership" and expressed concern over the situation in East Palo Alto, stating that it is reviewing the allegations.

But tenant advocates say the giant fund has been missing in action. "There hasn’t been anything that they’ve told us they’ve been doing or that we’ve seen them do," Preston said.

That hands-off approach appears to violate CalPERS’ stated policies. Two months before allocating funds to Page Mill, CalPERS coauthored and signed the United Nations Principles for Responsible Investment (UNPRI). No. 2 of the six principals states: "We will be active owners and incorporate ESG [environmental, social, and corporate governance] issues into our ownership policies and practices."

CalPERS has been eyeing real estate windfalls since 2002. According to memos and letters given to us by the Fair Rent Coalition, agency staffers that year were discussing an "opportunistic real estate fund." The result of those discussions: discretionary authority given to the senior investment officer for investments up to $100 million, with anything beyond that requiring approval from the chief investment officer.

Paradoxically, the compensation package that rates the senior investment officer’s performance has no provision for the social responsibilities. This coming year’s compensation package now includes a "Best Practices" measure on ethics and risk management. But there’s still no provision for social responsibility.

The California Assembly Committee on Public Employees, Retirement, and Social Security monitors the pension fund, but CalPERS has autonomous authority over its investments. Chief consultant Karon Green told us that the committee is "going to watch to see what the board does and gauge our response based on that."

CalPERS has yet to respond to our inquiries, and hasn’t responded to our public records request for documents pertaining to what Page Mill and its CEO David Taran proposed for the East Palo Alto properties.

Similar requests were made by Tenants Together and the Fair Rent Coalition. CalPERS responded that those documents were confidential, although some e-mails were handed over to the advocacy groups the day before they were to meet with the CalPERS board in December 2008.

Although it calls itself a "limited partner," the e-mails illustrate a closer relationship between CalPERS and Page Mill. In an e-mail to CalPERS, Taran asked for a copy of the public records request made by a San Jose journalist so "we can review them and get back to you regarding what should not be produced and is confidential."

Preston points to the larger policy issue. "If there were a few bad real estate managers who were investing in this, then they should lose their jobs," he said. "But the idea that they just sweep under the rug their $100 million loss in East Palo Alto and their $500 million loss in New York, and whatever other schemes they’re involved in, is just unacceptable."

Christopher Lund, a Page Mill tenant and communications director for the Fair Rent Coalition, agrees. "They’ve gotten burned on some of these high-risk investments over the past year or two. But institutional memory is short and in 10 years when the real estate market is booming, if there’s no transparency and no oversight, this is going to happen somewhere else."

Pot pioneers

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rebeccab@sfbg.com

Two serious bids to legalize marijuana in California are moving forward simultaneously. And while decisions won’t be made for months, both efforts have generated interest from around the world.

"We’re on the cover of Newsweek right now. We were on the cover of Fortune magazine a few weeks ago," said Salwa Ibrahim, a spokesperson for Oaksterdam University, based in downtown Oakland. "We’ve gotten attention from every continent on the planet — well, except Antarctica, I suppose."

Founded in 2007, Oaksterdam — a.k.a. "Cannabis College" — is a training school for the medical marijuana industry. It’s grown steadily since its inception, and expects to double its student body next year. OU is the driver behind a ballot initiative currently in circulation that would give counties the option to tax and regulate marijuana, permitting individuals to cultivate up to 25 square feet for personal consumption. Like alcohol, it would only be accessible to people 21 and older.

So far the campaign has collected 40 percent of the signatures needed to put the question to voters on the November 2010 ballot, and proponent Richard Lee, cofounder of OU, is confident that they’ll hit the threshold by Thanksgiving.

Meanwhile, Quintin Mecke, spokesperson for Assembly Member Tom Ammiano, has been fielding phone calls from journalists from around the world. Ammiano made headlines in February when he introduced Assembly Bill 390, legislation to legalize and tax marijuana statewide, reguutf8g it the same way as alcohol.

Ammiano’s proposal was presented at an informational hearing in Sacramento on Oct. 28, and could be formally considered by early January 2010.

"We’re really not pushing anything that’s not already socially accepted," Mecke said. According to a Field Poll released in April, 56 percent of Californians support legalization, a record high. Although consumption of marijuana peaked in the 1970s, polls at the time showed that public support for legalization never rose higher than around 25 percent.

Both Ammiano and Lee closely monitored public opinion before spearheading their efforts, and recognized a shift in the wind as public sentiment warmed and the Obama administration proved far more tolerant of state medical marijuana laws than its predecessor.

Proponents say the bitter economic climate is one reason the idea of legalization is getting more play than ever. Already the state’s largest cash crop, legalized marijuana carries a revenue potential of as much as $1.4 billion annually, a boon for California’s flagging economy, according to the Board of Equalization.

In Oakland, OU and its affiliated medical marijuana dispensaries seem to be flouting the economic trends of the day as a business that is gaining momentum rather than cutting corners. Lee says his ultimate goal is to place Oakland on the map as a West Coast version of Amsterdam.

Four dispensaries operating in downtown Oakland have already sparked a boost in tourism, creating an international buzz that draws visitors from afar. "One of Oakland’s big problems is something they call ‘leakage’ on the retail," Lee said. "And that is that Oakland residents don’t shop in Oakland. With cannabis … we have 60 percent from outside. We have ‘floodage’ instead of ‘leakage.’"

With the state facing an unprecedented budget shortfall, the revenue potential "happens to be the icing on the cake," Mecke said. He said Ammiano’s primary reason for introducing the legislation is that "the prohibition model has failed." Studies have found the drug to be safer than alcohol (there are no documented deaths associated with an overdose of marijuana consumption, and it’s been proven to have medicinal value), Mecke points out. Meanwhile, marijuana-related arrests are on the rise, and precious public dollars allocated for law enforcement are badly needed to combat other kinds of criminal activity, he says.

"Several tens of millions of dollars" could be saved annually in correctional costs by reducing the number of marijuana-related offenders serving jail sentences, according to a report by the California Legislative Analyst’s Office that was presented at the informational hearing. The LAO also found that legalizing marijuana could result in a "major reduction" in state and local law enforcement costs.

Lee’s personal story is interlinked with the law-enforcement argument for legalization. In 1991, while living in Texas, he became the victim of a carjacking. "It took the police 45 minutes to respond," he said. "That’s what really made me mad. I blamed the lack of police protection on the fact that the police were wasting their time looking for people like me and my friends instead of the real sociopaths and predators out there."
Yet if testimony at the informational hearing was any indication, most of the law-enforcement community doesn’t hold the same viewpoint.

"I have seen nothing good come of this," John Standish, president of the California Peace Officers’ Association, said. Standish told Ammiano he believes the potential tax revenues would be far outweighed by costs associated with marijuana-related medical treatments, dangers linked with drugged driving, and worker absences.

Others associated with law enforcement expressed concern that the legalization would make it easier for minors to obtain marijuana. Sara Simpson, speaking on behalf of the California Office of the Attorney General’s Bureau of Narcotics Enforcement, emphasized the rise of armed Mexican drug trafficking organizations (DTOs) conducting growing operations on California public lands. "We believe regulation of marijuana will have little effect on illegal DTOs," she noted.

Jim Gray, a retired judge who testified at the hearing, took the opposite view. "The only way you put these Mexican drug cartels out of business is to undercut the price, and AB390 is a really good place to start," he said. "Today our marijuana laws are putting our children in harm’s way. It is easier for young people to get marijuana than it is to get alcohol."

The wild card for any move toward legalization, meanwhile, is federal law. The drug remains illegal under federal statutes, so the success of any tax-and-regulate experiment would depend on whether the feds were willing to tolerate legalized recreational use of the controlled substance, as it has for medical purposes. "California could be out of the gate early if in fact there is a change in federal law," Ammiano pointed out at the hearing. At the same time, if legalization is approved and federal law remains unchanged, the state policy could be thrown into question in the future under a change in administration.

"Change doesn’t happen unless states take a stand on something," Mecke said. "Given the success with medical marijuana, we don’t think it’s a stretch to continue the push for recreational use. We think it’s reflective of public sentiment and public interest. It’s good public policy as well."

Lee, for his part, simply believes that laws prohibiting marijuana are unjust and should be repealed. "I’m really kind of conservative," he said as he sat just yards away from OU’s horticulture room, where two students were busy trimming the pungent herb. "Basically I like the police, and the laws, and people who respect them and obey them. But when you make laws that are totally ridiculous and hypocritical and unfair … we have to get rid of those laws."

Am I illegal mama?

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OPINION "Am I illegal mama?" My mixed-race, Mexican, Chinese, Puerto Rican, and Irish six-year-old son gazed up at me with the largest of puppy eyes after we watched a corporate media television report on Mayor Gavin Newsom’s rejection of the legislation by David Campos that would give due process to migrant youth caught up in the criminal in-justice system.

After recovering from my sorrow at my son’s logical interpretation of our criminalizing, dehumanizing society, I went on to explain that as far as I was concerned no human is illegal — or an alien, for that matter. I told him that the whole concept of "illegal people" is rooted in our society’s attempt to create more products for the ever-hungry prison-industrial-complex by criminalizing poor youth of color, migrant workers, and houseless adults and elders in poverty for the sole act of being poor, seeking work not having housing, and so on. (Yes, I do talk to my son with truth and candor about such things because that is how my African-Boricua-Taina mama raised me.)

His discovery, albeit terrible, did not shock me. Rather, it was the final nudge I needed to release a public statement from all the multiracial, multicultural, multilingual mamas, grandmothers, aunties, uncles, fathers, and grandfathers I write with, make art with, co-mama with, co-teach with, and am in relationships with at POOR Magazine/Prensa POBRE. We are people who believe that not only is no human being illegal, but that all these borders are false constructs of imperialism. We believe in the rights of children, if you believe that all children, and all people, deserve basic due process rights — which is all the sanctuary legislation by Sup. David Campos grants.

So Mayor Newsom, why reject this modest legislation? Have you become so blinded by your desire to be tough on crime that you don’t even recognize the voices and desires of your voting public in San Francisco, who overwhelmingly organized and spoke in favor of this?

But you can’t blame Newsom alone. Corporate media and corporate government fuels this notion of illegality in relation to human beings and has so ingrained the terms "illegal" and "alien" as ways of describing human beings that many people use these words without direct malice or intent to harm. So, like most insidious racially unjust policies and practices in American culture, these terms and notions roll along, gaining steam and power.

In an attempt to address this ongoing disinformation campaign about migration and immigrants, POOR Magazine launched the Voces de Inmigrantes en Resistencia Project to ensure that the silenced voices of immigrants in poverty are not only heard but are redefined as journalists, poets, media producers, and scholars.

After our talk, my son looked up at me and said, "Mama, I have an idea — if all us people, kids, and adults in the world all stand together holding hands, then they won’t be able to separate us or hurt any of us." Then he stopped and very slowly and carefully added, "Or crim-in-alize us." *

Tiny a.k.a. Lisa Gray-Garcia is the coeditor, cofounder and co-madre of POOR Magazine. She is also the author of Criminal of Poverty: Growing Up Homeless in America, published by City Lights.

Editorial: The next Gavin Newsom

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EDITORIAL It’s possible that Mayor Gavin Newsom took a long look at himself, his life, and his future last week and decided that politics — intense, 24/7/365 politics — wasn’t what he wanted right now. It’s possible (as Randy Shaw noted in Beyondchron.org) that Newsom "now joins longtime adversary Chris Daly in putting family relationships ahead of one’s political career." It’s possible that he never really wanted a future in electoral politics and was driven to run for governor less by personal ambition than by the desire of his advisors to see him in a higher political role.

In that case, Newsom has a responsibility to do the best job he can over the final two years of his term as mayor, then step away and find something else to do with his life.

But since it’s also possible — even likely — that Newsom still hopes to have a political career, and that his decision to drop out of the governor’s race was as much about his failure to gain any traction as it was about his family obligations, it’s worth talking about why his campaign failed and what he can and should do next.

For starters, Newsom never expected to beat Attorney General Jerry Brown in the big-donor fundraising battle. He was hoping to put together a grassroots operation, to mobilize the Obama constituency, and build a war chest with tens of thousands of small donors organized through social media and technology. And that kind of effort could have worked — Brown has name recognition and money, but not much else. It’s hard to imagine large masses of young activists donating time and energy to his primary campaign.

The problem was, those legions of California activists weren’t terribly excited about Newsom either. And there are good reasons for that — reasons Newsom needs to understand if he wants to run for statewide elected office in the future.

If the real Gavin Newsom had been anything like the campaign picture his handlers tried to present, he would have been a serious candidate. Newsom the candidate was a leader who brought San Franciscans together to get things accomplished. He was a progressive thinker who created universal health care and an effective budget process with a rainy day fund that prevented teacher layoffs. He was bold enough to challenge federal and state law on same-sex marriage and demand equality for all.

But Newsom the mayor was actually a snippy politician who refused to work with the Board of Supervisors and would never engage his opponents. He was great at press releases but short on accomplishments — universal health care and the rainy day fund were projects put together by Tom Ammiano, one of the supervisors the mayor disdained, who is now a state Assembly member. He refused to take a lead role fighting Pacific Gas and Electric Co. to promote clean energy and public power. And for all his success in moving same-sex marriage forward, he never once managed to bring that kind of progressive energy or policy-making to economic issues. His budget this year was the same as Republican Gov. Arnold Schwarzenegger’s budget — cuts and fees only. No new taxes.

As a result, the progressives and independent voters in his own town didn’t support his campaign — and without the environmentalists, labor, tenants, and progressive elected officials from San Francisco behind him, there was no way he could generate an honest grassroots movement in a Democratic primary.

Now he’s back from the campaign trail — and he has two years to pick up on the lessons of his ignominious political collapse. If he wants any kind of a political future, he needs to change. First, he needs to start engaging and working with the supervisors — even the ones who disagree with him. (Showing up for "question time" would be a huge step). He needs to take the city’s structural budget deficit seriously and present plans for progressive taxes to help close it. He needs to show he can take on big powerful local interests — PG&E, for example — by opposing the utility’s anti-public power initiative and putting his political capital on the line to support community choice aggregation.

Newsom the imperial mayor has, we hope, been a bit humbled. Let’s see if he comes out of this chapter as an embittered, angry (and ultimately unsuccessful) mayor committed to punishing his enemies — or a serious city leader who can live up to his own hype.

Endorsements

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CITY ATTORNEY
Dennis Herrera

TREASURER
Jose Cisneros

PROP A: YES

PROP B: YES

PROP C: NO

PROP D: NO

PROP E: YES

View our entire endorsement arguments here

Fat lot of good

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andrea@mail.altsexcolumn.com

Dear Andrea:

I have a feeling this is not the best way to get a sympathetic response from you, but it’ a real problem for me and I like your advice, so I thought I might as well give it a try. Here goes.

My boyfriend and I have been together eight years. I can’t say I’m as cute now as I used to be, but I’m OK. "Brian," on the other hand, has gained weight every year due to a desk job and, I guess, just normal metabolism stuff. By now, he’s actually fat. And I just don’t feel attracted the way I used to. I still love him, but I’m really not feeling it in the sex department. Do I try to get him to lose weight, or just put up with a no-sex partnership (forever?), or try to find someone I do have the hots for? Help!

Love,

Size Matters

Dear Size:

Before we even consider getting into the hopelessness of pinning your future on weight loss — yours or anyone else’s — let’s talk about relationships at the seven- or eight-year mark. This is not, generally speaking, a high point. So common is the "seven-year itch" that sociobiologists have attempted to explain it, alleging that it takes seven years for a man-cub to achieve enough independence to survive without two parents regularly provisioning it. Thus, the hormonal glue that holds a couple together need last no longer than that. And it doesn’t. There are several obvious holes in this theory (it takes longer than seven years to conceive and rear a child to the age of seven; couples historically would have had more than one child, etc.) Plus, the most compelling recent research makes a strong argument against the nuclear family as the essential unit of protohuman and early human society. (See Sarah Blaffer Hrdy’s Mothers And Others [Belknap, 2009], where she demonstrates, very persuasively, that it takes a village — and always has.)

But we don’t need sociobiology to convince us that relationships often beach themselves on the rocky shoals of not-quite-a-decade together. Six or seven or eight years out, the very last of the initial biochemical rush we call "falling in love" has finally dissipated. Real life is in ascendance. And real life is nowhere near as much fun. Six-seven-eight years is also enough time for individual priorities to deviate from the original, couple-led mandate, which was basically "be together as much as possible and have lots and lots of sex." Careers, families or origin, children yea or nay or present, all conspire to pull you apart unless you make all possible effort to cleave unto each other. Have you done enough cleaving?

You can blame the wad of adipose tissue that has attached itself to your beloved’s abdomen (and I’m not saying the wad does not bear some responsibility here), but I don’t think it’s the whole story. Are you sure you do?

Now: his fat. I don’t have to tell you that he has probably noticed it himself, correct? That your pointing it out is not going to come as some great revelation? So either he does not wish to "do anything" about it; has tried, and, like nearly everyone who attempts to diet off excess poundage, has succeeded only in making himself miserable and possibly fatter; or he will take on the project in his own good time. In any event, nagging him, shaming him, even attempting to inspire him ("We’ll go running together!") are all pretty much doomed to fail. Fail you, that is. He may lose the weight. He may not. But it is his fat, his body, his life, and, well, your problem. Sorry.

I was recently reading over at Kate Harding’s Shapely Prose (kateharding.net) and if you, that is the collective "you," not, you know, you, haven’t read her, you probably should. She and her co-bloggers have the sharpest and funniest take out there on the "obesity epidemic," misogyny, feminism, and fat. Kate also recently answered this question, and she isn’t even an advice columnist. She was just fed up with the way people who are advice columnists have historically bungled it.

Dear Not Attracted to Your Spouse Anymore (writes Kate):

Get over it or get a fucking divorce. And I truly mean you should consider both options seriously. If you believe it is actually possible for you to get over it — by which I mean, you find a way to reframe the way you look at your fat partner, find him attractive again, and go back to whatever you both agree is a normal sex life — then by all means, work on that (provided everything else in the marriage is good and worth saving, which it probably isn’t if you’re not even a little bit attracted to him anymore).

If, however, you’re so hung up on your partner’s weight that you can’t even conceive of being attracted to him anymore? Get a fucking divorce already. (Writes Kate, who is not an advice columnist.)

Hear hear, say I, who am.

Love,

Andrea

Poor turnout

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news@sfbg.com

The Guinness World Record for the largest mobilization of human beings was recently broken when 173 million people demanded that their governments eradicate extreme poverty around the world. But U.S. media barely noted the call and San Francisco’s event had low attendance, suggesting an uphill struggle for the cause in the world’s richest nation.

Millions gathered at more than 3,000 Stand Up, Take Action events in 120 countries Oct. 16-18 in an attempt to put pressure on governments to achieve the United Nations Millennium Development Goals, but less than 30 people gathered on the steps of San Francisco City Hall to support the movement.

Sup. John Avalos was one of the speakers at the event, organized by a coalition of local activist groups and student volunteers. Admitting that he was "expecting it to be a little bigger," Avalos said the event was just the start of what needed to be a much larger movement by the American people.

"There is a strange phenomenon occurring at the moment. It’s as if people are a little bit asleep about the need to be active," Avalos told the Guardian. "Because we have an administration they view as being more supportive of human rights and economic and social justice, people are being lulled into thinking things will just get better."

Standing just a short walk away from the birth place of the United Nations, Avalos bought attention in his speech to the rich history San Francisco has in mobilizing social change. "We do the best to live up to it, but we have a long way to go. Around the world this is the time to uproot poverty — we try to provide a safety net, but it could be stronger."

The Stand Up, Take Action, End Poverty Now! campaign is in its fourth year and is organized by the UN Millennium Campaign in an attempt to raise awareness of the Millennium Development Goals (MDGs), a series of benchmarks designed to eradicate global poverty.

At the United Nations Millennium Development Summit in 2000, 189 world leaders promised to "end poverty by 2015." The eight goals include eliminating extreme poverty and hunger, achieving universal primary education, and combating HIV/AIDS, malaria, and other diseases.

Rep. Barbara Lee (D-Oakland) has authored or coauthored every major piece of legislation dealing with global HIV/AIDS issues since she was elected to Congress. She told the Guardian that MDGs must be placed in context with poverty in America. "Sometimes people argue that we must look after our own first, but my position is that if you look at the eight Millennium goals, they all apply to our own country too," Lee said. "Look at the plight of people who are disproportionately affected by HIV/AIDS in our country — especially in African American and Latino communities.

"With the economic downturn, poverty rates in America are soaring, putting more people into circumstances the MDGs focus on outside of America," she continued. "I think it really is important to make those connections."

Lee compared the foreclosure crisis and lack of regulation in the financial markets over the last eight to 10 years to the "wild West" and calls America’s 47 million uninsured a "moral disgrace."

"It is about priorities and political will, and this will be determined by the voices of people saying it must be done," she said. "People have to push for these changes and remember that it didn’t just stop with the election. We have to raise awareness while at the same time working on changing policy. Otherwise we can get stuck debating issues and not doing the work that has to be done to change these very deplorable conditions."

Sup. David Campos was the only other supervisor to speak at the Civic Center event. He said he is committed to the fight against global poverty and wants to see the government represent the values San Francisco was founded on.

"We need to shed light and bring attention to one of the largest issues facing the world today — severe poverty," Campos said. "I really believe that as a city, as a state, and as a country, we not only need to make sure we push the U.S. to follow the lead of other countries, but actually become a leader in making these Millennium goals a reality."

After the event, Campos told the Guardian: "It doesn’t surprise me that more people didn’t show up to the event. But part of the task is to spread the word. San Francisco has been a leader in a number of these issues in the past, and I think we should play a key role in this one."

Campos said that one solution might be to put forward a resolution before the Board of Supervisors to support MDGs and have the city take a formal position on it.

"It is definitely something we are talking about to demonstrate San Francisco’s commitment to the issue," he said. "A lot of people don’t know about the goals, or the fact that the U.S. hasn’t really made them a priority. We need to spread the word and let people know this kind of a movement is only going to be a success if people take it upon themselves to play a leadership role."

Brian Webster, a volunteer who organized the SF event, drew attention to the large number of supporters for the MDGs in California. More than 250,000 people have signed up for the One Campaign, a global NGO that partnered with the U.N. Millennium Campaign in the events.

"For campaigners, it is now a matter of trying to join together and identify vast strategies to communicate what needs to be done," Webster said. "We will continue to educate communities, politicians, and civic leaders in what can be done this month, in the next six months, and ultimately, in the next six years."

While the Bush administration rarely mentioned MDGs while in office, many activists believe President Barack Obama’s public recognition of the goals at a recent U.N. summit demonstrates a change in American policy.

"In other countries, there has been more education and awareness about the goals. But here in America, it is almost like we are starting eight years late," said Anita Sharma, the North American director for the U.N. Millennium Campaign. "President Obama has said that the MDGs are American goals and has even talked about his plans for achieving them."

Also, despite the low numbers at the San Francisco event, Sharma says more than 190,000 people from North America participated in last weekend’s campaign, an increase of more than 70,000 from last year’s attempt.

"It’s not like Americans don’t care about global poverty — in fact we give more in charitable contributions than any other country in the world," she said. "It just takes quite a lot to get Americans into the streets and mobilized. There needs to be more education out there, that’s all."

Ananya Roy, a UC Berkeley professor of city and regional planning and education director of the Blum Center for Developing Economies, says she doesn’t think MDGs can be achieved worldwide by 2015. Even so, she stressed the important role they played in the framework of development.

Speaking at UC Berkeley’s Stand Up and Take Action Event, she said: "The goals are important because they are seen as a new global social contract that makes issues of poverty and inequality quite urgent. They also come with measurements and targets, which is meant to create accountability."

Roy placed particular emphasis on the eighth goal: building a global partnership for development. She noted that that increased awareness can change the ways the U.S. and European governments operate in terms of aid and trade.

"This multilateral contract requires more than simply the action and leadership of the U.S. and Western Europe," she said. "We need to think about poverty and inequality that is immediately around us, understand how we are involved in the production of depravity, and then we must act in solidarity.

"We need to be thinking about poverty as it exits here in the U.S. and not just as an abstract problem that belongs to someplace else," she added. "It is also our problem."

According to a 2009 U.N. report, progress toward achieving the MDGs has been slow in some cases and certain achievements have been reversed by the economic downturn. The report estimates that there will be 55 million to 90 million more people living in extreme poverty than anticipated before the crisis.

For Chandler Smith, media coordinator for the One Campaign — which campaigns for better development policies and more effective aid and trade reform — the Guinness certification marks progress toward achieving the MDGs. "That this year is breaking another world record speaks to the power of people to organize around the world, shows that we are a global community, and that there is a sustainability in the movement," he said.

"As for the North American aspect, we are always trying to educate people more about these issues. Our results show that a lot of our work has been done — but that we also have more work to do."

Chop from the top

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rebeccab@sfbg.com

At the Oct. 23 groundbreaking ceremony for the rebuild of San Francisco General Hospital, Mayor Gavin Newsom sang the praises of the public hospital’s staff.

"To all the men and women who work in this remarkable place that changes people’s lives each and every day … every time I come here, I realize you’re not just saving patients, you’re taking care of families," the mayor said. "It’s so difficult to see someone in pain. But to see the smile and the pride their loved ones have because of the job you guys have done is something magical."

Yet some health care workers, marked by their signature purple and yellow T-shirts, clearly weren’t feeling the magic. As Newsom waxed poetic onstage, they stood clustered in the audience displaying a banner proclaiming, "Keep Public Health Healthy." It was meant as a reminder that SEIU Local 1021, the union that represents certified nursing assistants (CNAs) and clerical workers facing significant slashes in pay in the wake of a city budget cuts, is still pushing to have their salaries restored.

On Sept. 15, 500 CNAs and clerical workers received notice that they would be laid off, although some would be reclassified at lower-paying positions, effective Nov. 15. For the CNAs being demoted, the reductions amount to an average of $15,000 annual reduction in pay. For the clerical workers facing downgrades, the cuts reflect an average loss of $5,000.

It wasn’t the first time SEIU workers turned out at one of Newsom’s public appearances. Beginning in August, union members began vocally characterizing the layoffs and demotions as a civil ights issue because they disproportionately affect women and people of color. According to a Department of Public Health assessment, 96 percent of the affected employees are people of color and 79 percent are women.

Mayoral Chief of Staff Steve Kawa insisted this wasn’t an attack on the city’s comparable-worth policy, which guarantees equal pay for work done primarily by women. "We would not do anything against comparable worth, " Kawa told the Guardian. "Even with the change in status in the wage, these workers will be making 18 percent above market."

But Sup. John Avalos framed it differently. "These people are some of the lowest paid frontline workers in the city," he pointed out a recent Board of Supervisors meeting. "I have spoken to many of them in my district. They’re often single women who are raising children, who don’t know how they’re going to survive."

After angry SEIU members made a series of boisterous appearances at Newsom’s gubernatorial campaign events, the mayor finally agreed to meet with them in talks that were mediated by San Francisco Labor Council head Tim Paulson.

"[Newsom] complained at some length during the first meeting about us attacking him," noted SEIU member Ed Kinchley. "We responded that we’re really not attacking him. What we were criticizing was a policy that goes after classifications filled predominantly by women and people of color."

The ongoing flap took a new twist at the Oct. 22 Board of Supervisors meeting, when Sups. Avalos and Chris Daly each announced plans to find funding to restore the public health workers’ salaries. Avalos proposed skimming some excess from management positions, which have swelled in recent years.

"Before cutting vital city services … we should first look to those who have the most, not to those who have the least," Avalos noted. He said he plans to ask the city controller to draft an annual salary ordinance that would reclassify top management positions in order to free enough funding to stop the demotions and wage reductions for the CNAs and clerical workers.

According to a report issued by the city controller, citywide management positions have grown from 739 in budget year 1998-99 to 1,075 in 2008-09, a 68 percent increase. Some individuals were promoted with salary increases ranging from $20,000 to $40,000 annually.

"I don’t know how one does that," Kawa said when asked about Avalos’ proposal. "It doesn’t make any sense to me."

Daly, meanwhile, noted that Department of Public Health Chief Financial Officer Gregg Sass had highlighted a preliminary projection for an $8 million DPH budget surplus in a Sept. 15 memo. Daly announced that he plans to request the money be flagged to go back into the department to stave off deskilling of frontline workers.

When asked if this money was available to fund the CNAs and clerical workers, Sass responded, "I don’t think it is." Emphasizing that it’s a preliminary figure, he added that "any additional funding, should it exist, is a component of the city’s overall ability to stay on budget this year and offset any shortfalls in city revenue … and address the large projected deficit for next year. I don’t see how it could be seen as ‘available’ until the city has better projections of [other tax revenue]."

The union had planned for a lengthy session with mayoral staff to continue negotiations on the same day of the supervisors’ meeting. But when Kawa learned about Avalos’ proposed legislation, he got angry and walked out, according to one SEIU member.

Asked if proposed legislation detracted from the negotiations, Kawa told us that "it made the last one difficult because it was somewhat of a surprise. And usually when you’re in good-faith negotiations, you share with the other folks the activities you’re up to so that you know that they’re actually there to negotiate in good faith."

Back at SF General after the groundbreaking ceremony, Newsom posed for photos with top public health officials, scooping shovels full of loose dirt with golden spades. The giddy atmosphere dissipated when the mayor turned around to find himself ringed by a group of reporters vying for a chance to pepper him with questions. He responded to most of their queries in typical loquacious fashion. But when the Guardian asked him to comment on Avalos’ proposed legislation, his face darkened slightly. "I don’t have any comment," he responded gruffly. Then he was whisked away for more photographs.

We want free parking!

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steve@sfbg.com

GREEN CITY The strong visceral reactions to extending parking meter hours in San Francisco and Oakland present a difficult challenge to those who seek to have motorists pay for more of their societal impacts and help offset declining public transit resources.

When the San Francisco Municipal Transportation Agency held an Oct. 20 public hearing on its proposal to extend parking meter hours to evenings and Sundays in order to better manage parking demand and raise $8.8 million for Muni in the process, the proposal was fiercely attacked as a tax on motorists and burden on businesses.

That outrage was expected from conservative factions — landlords, west side residents, and much of the business community — who consistently oppose progressive reforms. But it was surprising to hear the antiwar ANSWER coalition, an immigrant group, and self-described socialists also angrily opposing the proposal.

"The working class is being driven out, and I hope this is the straw that breaks the camel’s back," ANSWER’s Forrest Schmidt said at the hearing, calling for taxes on rich individuals and companies instead. "Someone else needs to pay for the budget deficit that giant corporations created."

"This is a class issue. The rich and the well-to-do don’t have to worry about where to park in this small and crowded city. They have garages or can afford to pay for parking. It is overwhelmingly working class people who are being hit and who will be hit much, much harder if the new policy goes into effect," ANSWER (which stands for Act Now to Stop War and End Racism) wrote in a press release the next day.

But it’s a demonstrably false statement that the working class will be disproportionately affected by the proposal. Average incomes for drivers are far higher than those of Muni riders, who have borne the brunt of MTA budget cuts and will be hit even harder if this proposal fails.

A recent Transportation Authority study associated with the stalled proposal to charge a congestion-pricing fee on motorists entering the city core found that only 6 percent of them earned less than $50,000 per year. And in the census tract around ANSWER’s Mission District office, where Schmidt said poor workers who need cars are being aggressively ticketed, less than half the households actually own cars.

Beyond the fact that drivers are generally richer than the carless, there’s the established fact that they don’t come anywhere close to paying for their full societal impacts, from road building and maintenance to health care costs from accidents and air pollution to global warming.

"These are facts that a lot of people ignore," said Tom Radulovich, executive director of Livable City, calling ANSWER’s position "just a very limited perspective that they haven’t thought through yet."

Indeed, when I discussed the campaign with ANSWER’s regional director, Richard Becker, his arguments were almost entirely anecdotal. "I participate in the scramble for parking on a daily basis," he said.

The emotional reactions to taking away free parking also cause critics to lose sight of the facts. The proposal only affects metered spots in commercial districts, not street parking in neighborhoods. And the study treats every neighborhood differently based on parking demand, with the goal of reaching 85 percent occupancy to make parking more available — the very thing many critics of the proposal are demanding.

"They don’t understand that if we don’t raise the price of parking, we’re going to raise the price of Muni. They are extremely naïve beyond all reason," said Jason Henderson, a San Francisco State University geography professor who has studied the politics of parking and is current writing a book on the subject.

"There are people who want to democratize unsustainable lifestyles," Radulovich said, calling it "a strategy without a future."

Transportation activist Dave Snyder got into a heated discussion with some ANSWER members outside the hearing room, faulting them for failing to oppose the Muni fare hikes and service cuts that were approved last spring and for refusing to accept the need to discourage environmentally damaging activities like driving cars.

"To use price to discourage that is indeed a regressive tax. It’s still worth doing, but we have to think about [ANSWER’s reaction]," Snyder later told us.

But Henderson, Snyder, and Radulovich see a silver lining in this discussion. "It’s a sign of progress," Henderson said. "The more this floats to the surface and we can deal with it now, the better we’ll all be in the long run."

Fall Feast 2009

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Man (and woman) cannot live on PBR and pasta alone. I should know. I spent the whole summer trying. But now that my leftover Burning Man groceries are gone and the weather’s getting colder, I can’t help but crave real food again. And what better time and place is there to be really, really hungry for a substantial meal made with fresh ingredients than right now in San Francisco? Despite the struggling economy, innovative restaurants keep popping up — and the old classics are offering better deals. Plus, the changing culinary landscape has led to all kinds of fun, cheap, gourmet alternatives like pop-ups, lunch carts, and temporary restaurants-within-a-restaurant. This edition of FEAST, our drinking and dining magazine, focuses on what we love about the Bay Area’s food scene, from innovative locales to cross-cultural alternatives, from wintery suppers to summery desserts (after all, how cold does it ever really get here?), and from new restaurants to a niche bookstore that only a foodie-city like San Francisco could support. Whether you’re ready to start your Thanksgiving feasting early or are simply transitioning out of your warm-weather diet (or budget), we’re sure you’ll find something in the coming pages to satisfy your cravings. Unless, that is, you’re looking for PBR and pasta. You’ll have to take care of that one on your own — or wait ’til next summer. (Molly Freedenberg)


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>>A readable feast: Q&A with Omnivore’s Celia Sacks