Budget

Josh Wolf’s Thanksgiving

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By Sarah Phelan

Got a letter today that Josh Wolf wrote on Thanksgiving in which he reports that he got a “fairly tasty and very substantial Thanksgiving dinner at noon, followed by a sack lunch at 2:30 pm for dinner.”

That said, he wrote about having only had three phone interviews since his return to Dublin—one from the Bay Guardian, one from the Chronicle, one from MTV.

“Hardly a high demand even given the limited resources of a cash-strapped prison budget,” observes Wolf of the prison’s decision to deny him on-camera interviews and to forbid phone interviews from being taped.

NOISE: Lady Sov sobs, Budget Rock roars

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Y’know we all think Lady Sovereign seems like a tough little cookie but geez, she was all tears at the Mezzanine Tuesday night, Nov. 14. Griping that she couldn’t hear herself in the monitors (her bus was also an hour late due to a breakdown), she sat down a song or two in and held her hands and apologized for being “diva-ish.” Poor kid. And too bad for the tough dance girls all around me who seemed superpsyched to get some Sovereign ack-shun.

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Lady Sovereign is killing us softly with her lack of song.
All photos by Kimberly Chun

But before that show, this past weekend, Nov. 10-12, was all about the beauty of Budget Rock at Stork Club — and damn if that wasn’t the bestest BR yet with incredible performances by Guilty Hearts, the Shrugs, Original Sins (Brother JT sang barefoot — and was that the raddest, weirdest cover of “I Want Candy” ever?), SLA, and the Omens (pictured below). It was as if each band was taking the previous combo’s crazed performance to heart and was determined to go that much further into total garage-rockin’ madness. If every night could only be Budget Rock night…

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The Omens rip it up at Budget Rock Nov. 10.

City hall’s new secrets

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EDITORIAL Back in 1999 reporter Scott Rosenberg dug up a juicy little scoop for Salon: he found out that part of Microsoft’s annual report was written on an Apple computer. That caused the giant purveyor of Windows software (and Apple competitor) no small amount of embarrassment. And Rosenberg did this without any secret source or leaked records; he just looked at the metadata embedded in the files of public company documents.
Metadata is part of the new frontier of public-records law. It’s the stuff you can’t see that’s hidden in digital versions of, say, Microsoft Word documents. It shows what computer (and type of computer) created the document and often shows the revisions the document has gone through. It’s sort of an electronic history of what used to be something typed on paper — and as such, it’s extremely useful to researchers who want to follow what the government is doing.
It’s also, all too often, something that public officials want to hide. That’s the case in San Francisco, where Gloria Young, the clerk of the Board of Supervisors, has refused to release copies of the original Word versions of what are clearly public records. She wouldn’t, for example, give out a Word copy of the city’s Sunshine Ordinance.
That’s a mistake — and the Board of Supervisors needs to direct Young to change her policy.
Young isn’t refusing to release the records per se — she’s had them made into PDFs, the electronic equivalent of photocopies that don’t contain the embedded data. And she’s released those versions. The office of City Attorney Dennis Herrera concluded Sept. 19 that city officials have the right to withhold metadata and provide documents only in PDF format. The argument, contained in a six-page memo, goes more or less like this:
A Word version of a document can be edited and changed — and thus someone who requests a public record might alter it and then pass it off as a true version.
Besides, metadata might possibly contain privileged information (legal advice from an attorney). It might include early drafts of a document (which are exempt from disclosure but really shouldn’t be). And it might give somebody with evil intent the ability to hack into the city’s computer system and do a lot of damage.
In the end, deputy city attorney Paul Zarefsky argues, figuring out where there is and isn’t metadata and what it might include is a huge job that requires special skills and would be inordinately burdensome for city agencies.
The first argument is just silly. Sure, somebody could take a copy of a city record and alter it — but enterprising scammers have always been able to take real records and turn them into phonies. That’s why the city keeps the originals on file and releases only copies.
The rest of Zarefsky’s analysis is a bit more complex. But in the end the posture of the city is far too defensive. This is, after all, data that was produced by city employees on the taxpayers’ dime. And like just about everything else the city produces — with only narrow exceptions — it ought to be released to the public.
We don’t buy the argument that there are vast stores of deep secrets lurking in the metadata that might somehow damage the city’s interests. There may be a few specific cases in which documents have been reviewed by the City Attorney’s Office and might include confidential advice. But most of the material will simply show who created the document, how it was edited (and by whom), and how all of that relates to the final product. Like the Microsoft revelation, some of that might embarrass city hall — but that’s not an excuse to keep it secret.
Tom Newton, general counsel for the California Newspaper Publishers Association, noted in a Sept. 22 letter to the Sunshine Ordinance Task Force that the “CNPA is aware of no other state or local agency that has adopted this restrictive policy.”
Herrera’s office, interestingly, isn’t arguing that all metadata must be secret — the opinion only says that department employees have the ability to withhold it if they want to. That’s where the supervisors need to weigh in.
Young asked the Rules Committee on Nov. 2 for policy direction on the matter. The committee heard testimony and took the matter under advisement.
The chair, Sup. Ross Mirkarimi, should bring up the issue again at the next possible meeting, and the committee should direct Young — and all other city officials — to stop using metadata as an excuse to withhold documents. San Francisco ought to be taking the lead here and setting a policy precedent for cities across the state. SFBG
PS This is just one example of what seems to be a renewed war on sunshine at City Hall. The task force just had its budget cut and no longer has a full-time staffer assigned to it (although the Sunshine Ordinance mandates full-time staff assistance). The supervisors should make it clear that San Francisco isn’t going to slide backward into the old, dark days.

Cheap greats

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› kimberly@sfbg.com
SONIC REDUCER Starved for ideas? Dirt cheap, down to your last slice of cheese pizza and Harley beer, and still deeply smitten with fuzz-swathed guitars, ruttin’ rhythms, and a complete dearth of chops?
Desperate times call for rotten but still somewhat respectful measures, according to Chris Owen, former Guardian music ad maestro, ex–Killer’s Kiss kingpin, Hook or Crook label head cootie, and everlasting primordial rock fan. When the time came to name Budget Rock Showcase, the garage-punk onslaught of a music fest that Owen birthed five years ago with ex–Guardian columnist and onetime Parkside booker John O’Neill, they turned to the best: ye olde SF garage rock upenders the Mummies.
“We took the name from the back of a Mummies record, a picture of the Mummies that says ‘Budget Rock Showcase’ on their hearse or station wagon. We thought it was the perfect name for a festival of these bands,” recalled Owen from Gris Gris leader Greg Ashley’s digs, where they’re working on a 7-inch of Ashley’s pre-Mirrors high school combo, the Strate Coats. In response, the Mummies have been, um, fairly mum. “They’re pretty nonplussed that we decided to appropriate that. I get the feeling that doing some kind of organized, highfalutin thing is not necessarily what they’re into.”
Well, their tacit agreement was all Owen needed to pick up the fest he abandoned after the first year with a bit of booking help from friends such as O’Neill, ex–Parkside booker John Pool, and Stork Club bar manager-booker Lance Hill. Known for giving Comets on Fire one of their first Bay Area shows and drawing the underage Black Lips from across the country and later lauded for bringing in Beantown’s highly combustible Lyres, Budget Rock leaves Thee Parkside for the first time and celebrates its fifth year at the Stork. “It probably wouldn’t have happened if I didn’t do it this year,” Owen said while scarfing pizza with Ashley (“the food that fuels Budget Rock!”). “No one got off their ass to do it.”
So what is this crazy, impecunious thing called Budget Rock? “All the bands fall under a couple different rubrics,” Owen said. “Real traditional garage bands like Omens and Original Sins. I tend to like noisier In the Red stuff, but Budget Rock is supposed to be about Bay Area bands that are descended from great bands like Supercharger, the Mummies, Rip Offs, and Bobbyteens.” Of snarly note — besides the magnifico, malignant Original Sins (Brother JT’s original garage unit, which hasn’t played the Bay in more than a decade) — are fest first-timer Ray Loney, the Sneaky Pinks, the Mothballs, the Traditional Fools, Legendary Stardust Cowboy, and the Okmoniks (one of several acts to have played every fest).
With the mainstream pop scene’s own appropriation of garage rock now petering to a close and disappearing from car commercials and the demise of such fests as Garage Shock, Owen can safely say that Budget Rock is one of the few of its die-hard kind, along with Goner fest in Memphis and Horizontal Action’s Chicago Blackout. Original garage lovers can all breathe a sigh of relief now — and enjoy the grease in peace. “You can spot a band that’s trying to make it a mile away,” Owen said.
“It’s like when you hear the Strokes, and they promote themselves as the Velvet Underground,” Ashley interjected. “They kind of do sound like them but like the worst songs on the last album rather than the best songs off the first album.”
This will likely be the first and last time Budget Rock will pick pockets at the Stork because Hill is moving on after failing to buy the joint — word has it he has looked into the old Golden Bull space too. But then, that’s the way this breed of untamed raw-k shakes down.
JOAN OF OURS A passing that came and went relatively unheralded Oct. 21: Runaways drummer Sandy West died after a lengthy tussle with lung cancer.
Yet it’s not too late to lay down your respect to Joan Jett, who plays San Francisco on Nov. 4 and has said after West’s passing, “I started the Runaways with Sandy West. We shared the dream of girls playing rock ’n’ roll. Sandy was an exuberant and powerful drummer. So underrated, she was the caliber of John Bonham. I am overcome from the loss of my friend. I always told her we changed the world.”
Jett is still out to change the world, it seems, when I spoke to her recently from her tour bus shortly before West’s death. Her new album, Sinner, on her own Blackheart Records, had just come out, and she was psyched about its politically and spiritually oriented material. After chatting about the Warped Tour (“I had my BMX bike and rode around from stage to stage checking out as much music as I could”) and producing the first Germs LP for her friend Darby Crash (“We got serious for about four days and probably as un-fucked-up as we could be and went in there and made a great record”), Jett got in one last push for rocking women like herself and West.
“I think the environment for women is just as bad now [as when I started Blackheart Records],” she said. “In fact, I think it’s even more dangerous because there’s this illusion of equality, when in fact, that’s not the case at all. Girl bands can’t seem to get above that successful club level, then they run into that glass ceiling thing.” SFBG
JOAN JETT AND THE BLACKHEARTS
Sat/4, 9 p.m.
Fillmore
805 Geary, SF
$30
www.ticketmaster.com
ORIGINAL SINS
Nov. 10
Hemlock Tavern
1131 Polk, SF
www.hemlocktavern.com
BUDGET ROCK SHOWCASE
Nov. 10–12
Stork Club
2330 Telegraph, Oakl.
www.myspace.com/budgetrock

The Prop. 90 money trail

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Prop. 90’s moneyed backers are battle-scarred veterans of an ongoing movement across the United States to foist right-wing ballot measures onto voters at the state level using gobs of money from a handful of enormously wealthy libertarian ideologues.
The largest contributors have links to the infamous anti-tax zealot Grover Norquist who once famously vowed to cut government in half and “get it down to the size where we can drown it in the bathtub.”
As of late September, the pro-Prop. 90 Protect Our Homes Coalition had spent $3.4 million on its campaign, most of the expenditures covering campaign literature, phone banks and petition circulators. Nearly half of the money — $1.5 million — came from a group known as the Fund for Democracy, which was founded by a wealthy New York libertarian activist and real-estate investor named Howie Rich. The advocacy group has bankrolled anti-government ballot measures across the United States including a handful aimed at capping annual spending for state governments.
That effort began in Colorado with the so-called Taxpayer’s Bill of Rights, a voter insurrection similar to California’s Proposition 13. Colorado’s TABOR, as it’s also known, allows for the state’s government to generate revenue equal only to the previous year’s budget plus the inflation rate. TABOR so badly crippled Colorado after it was passed in 1992 that it left the state’s health care and education infrastructures gasping for air, and Colorado voters temporarily put it on hold last year as a result. But that didn’t slow down Rich and others, who attempted to introduce TABOR-like initiatives elsewhere.
The other large contribution of $1 million to the Prop. 90 campaign came from the Illinois-based Americans for Limited Government. ALG helped fund an attempt to impose revenue caps on Oklahoma lawmakers last year, but that was shot down after a company hired by the group Oklahomans in Action to gather signatures was caught illegally bussing in petition circulators from out of state.
So far, Protect Our Homes has spent a whopping $1.8 million just to circulate petitions in California and tens of thousands more on campaign consultants, according to state records.
Large contributions to Protect Our Homes also came from the ALG-supported group Montanans in Action ($600,000), the Illinois-based and pro-TABOR Club for Growth State Action ($220,000) and Colorado at its Best ($50,000). Most of the large contributors have some sort of link to Howie Rich. The San Francisco Chronicle concluded early last month that some of Rich’s political groups have received money from Norquist in the past.
Advocacy groups are legally permitted to spend as much as they like on ballot initiatives in California.

The Daly Show

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By Sarah Phelan

In the past few months, I’ve attended numerous city hall meetings in which Sup, Chris Daly vigorously pushed for more police foot patrols. Also sitting through those meetings were reporters from the San Francisco Chronicle, who witnessed Daly pushing Police Chief Heather Fong to implement the program that residents of Daly’s district and other violence-plagued areas of the city, are literally begging for. They also watched as Daly questioned whether the police department’s request for more funding was premature, something that the city’s budget analyst recently concluded was in fact true.
So it was disappointing, if not surprising, to watch the Chron repeat the B.S. about Daly’s supposed attempts to block funding for the police
And it was disappointing, if not surprising to hear Daly’s challenger Rob Black make similar claims, while on the phone to the Guardian answering questions about his connections to lobbyist and political mastermind Jim Sutton and his clients PG&E.
Black spewed the statistic that “30 percent of crime takes place in Daly’s district,” then claimed that Daly had done nothing about it, including repeating the lie that, “Chris Daly talks about the need for beat officers, but isn’t willing to put the money there.”
That statement simply isn’t true, as city watchers all know, so it was a relief to see BeyondChron take the Chron to task for its incessant peddling of misinformation, which apparently is their way of trying to influence the elections. Maybe there is hope, after all, that lies won’t trump the truth this fall.

Head of Hopper

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CULT MOVIE Movie history is full of figures who could do no wrong one minute, then blew it — never trusted to do right again — the next. This year alone something like this happened to the richly deserving M. Night Shyamalan, and it might soon be happening to Darren Aronofsky, whose sci-fi soap opera The Fountain is arguably the most daft hijacking of major-studio cash in 35 years — since Dennis Hopper morphed from princeling to pariah via something called (with masochistic foreboding) The Last Movie.
An eccentric journeyman actor onscreen since 1955, Hopper was way past 30 when he codirected Easy Rider with Peter Fonda. Any studio would have supplied him any sum to get the follow-up. Universal gave him half a mil for The Last Movie, and he stayed on schedule and on budget throughout shooting in a far-flung Peruvian Andes village.
Then the aging boy wonder returned home to edit — for 18 druggy, hazy months, as executives freaked and anticipation rose to a tottering peak. A documentary chronicling that period, The American Dreamer, shows Hopper in extremis — doffing clothes (“symbolically,” he says) to run around suburban Los Alamos; cohabiting with a harem of hippie goddess freeloaders; comparing himself to Orson Welles, then exhaling, “I’d like to go about a month with three chicks in a hot tub.”
Upon release, The Last Movie — which screens in a new, Hopper-funded 35mm print this weekend — looked like the nail in the coffin of acid casualty cinema. The film was a mess, a freak show, an indulgence par excellence — with an incoherent quasinarrative that had Hopper as a stuntman on a western who stays on during postproduction to reenact the mythic pulp action with villagers who can’t or won’t separate the phony spectacle they’ve hosted from more spiritual yet violent reality.
“I only hope that after this game is over, morality can begin again,” prays (in vain) the local priest, played by spaghetti western icon Tomas Milian. But morality has left the building. The Last Movie isn’t the balm for stoner egos that Easy Rider offered. It incriminates everybody — colonialists, swingers, industry suits, the greedy (like our hero’s covetous Indio girlfriend), and filmmaking itself. Periodic “scene missing” titles help make this a deconstructive metamovie well ahead of its time. It’s an antiaudience picture, now more breathtaking than ever in sheer gall.
Who could make such a movie now? Might stars align again to permit such major-studio strangeness? Hard to imagine: The Fountain is nutty and navel-gazing but sentimental in a way Hopper’s auto-excoriating wack-off abhors. All those lysergically and vaginally oversatiated months spent editing The Last Movie make it a stand as memorably bold — if ruinous — as Custer’s.
Hopper is 71 now, but The Last Movie will always be a boy-man’s definitive up-yours against pricks in suit and tie. It’s a lyrical abstract as yet unchallenged for discombobulation by any film made under a major studio’s umbrella. It remains a startling finger driven straight up the Universal. (Dennis Harvey)
THE LAST MOVIE
Fri/20–Sat/21, 7:30 p.m.
Yerba Buena Center for the Arts
701 Mission, screening room, SF
$6–$8
(415) 978-2787
www.ybca.org

A real war on crime

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OPINION Once again, with their backs against the wall, Republicans are attempting to stave off political defeat in November by playing to Americans’ fears about safety and security. Central to the conservative playbook for years has been the lie that progressives cannot keep our communities safe.
The reality is that the current, shortsighted approach to public safety, which touts punishment without rehabilitation, has been a failure. One of the starkest examples is the crisis in California’s prison and parole system — and every day that crisis comes home to San Francisco. Thousands of people are being released from behind bars with no plans and few skills or opportunities. More than 1,500 parolees are living in San Francisco at any given time, and thousands more are being released from county jail every year. Of the estimated 125,000 California prisoners who will be released this year, three out of four will end up back in prison by 2009. California has the highest recidivism rate in the country.
Behind every rearrest is a new crime, often with a new victim. Taxpayers also foot the bill — to the tune of more than $34,000 a year for each person who ends up back in prison.
It’s time for a change. We can no longer accept the fact that three out of four former prisoners will be back behind bars within three years. In this progressive city, we are committed to working together to break that cycle of recidivism by channeling former prisoners into productive lives. These programs must target the crucial process of what’s called “reentry,” the release of individuals from state prison or county jails back into their families and neighborhoods.
Two weeks ago, more than 200 reentry experts and service providers, along with government and criminal justice agencies, gathered for the city’s first-ever Reentry Summit. This past year, Supervisor Ross Mirkarimi sponsored a $1.2 million budget allocation to support new reentry programs. We’ve also spearheaded the San Francisco Reentry Coordinating Council, bringing together members from the business sector, labor, key city agencies, the clergy, and community organizations.
Members of the council have pioneered concrete reentry programs that are delivering results. District Attorney Kamala Harris has created a new accountability and workforce reentry initiative for drug offenders called Back on Track. Public Defender Jeff Adachi’s Clean Slate program provides community-education services and programs to clear criminal records to nearly 2,500 people a year. Sheriff Mike Hennessey is poised to open the Women’s Reentry Center, which will provide direct practical support services to women coming out of jail and prison.
While the city is more than doing its part at a local level to address this issue, we cannot do it alone. It is time for the state to own up to its responsibility for rehabilitating parolees and probationers and ensuring their successful return home. With a detailed, sustained, statewide reentry effort, we can guide former prisoners away from crime, reduce corrections costs, and keep our neighborhoods safe. SFBG
Kamala D. Harris, Jeff Adachi, Ross Mirkarimi, and Michael Hennessey
The writers are, respectively, the district attorney, public defender, District 5 supervisor, and sheriff of San Francisco.

Google’s dog and pony show

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By Steven T. Jones
First, Mayor Gavin Newsom tapped his buddies at Google (in partnership with Earthlink) to build a citywide wireless system that would be free to city residents. It was a move that was done without full sunshine and it pissed off some information activists like Media Alliance, but the Department of Telecommunication and Information Services has since conducted a more open and diligent negotiations process with the companies. That caused Google to grouse to the Chron that the city was dragging its feet. So Sup. Jake McGoldrick decided maybe the city should be looking at doing a municipal wifi system instead, which he’s having the budget analyst study (if the board approves study this week) and report back on by the end of the year. That’s also when DTIS expects to have a final deal with Google/Earthlink — and when a consultant’s study on municipal broadband (that’s fiber rather than wifi) is due back. Well, with all this possibility swirling, Google and Earthlink have now announed a series of town hall meeting from now until the end of the year. Game on! Their press release follows:

Broken social scene

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› a&eletters@sfbg.com
Brooklyn, like Oakland and the Mission District, has swelled in the last decade with postadolescents: beards and black hoodies wandering streets on the verge of gentrification. This intermediary space is the setting and premise for indie filmmaker Andrew Bujalski’s latest, Mutual Appreciation. Bujalski first made a splash with Boston-based Funny Ha Ha (2002), an unassuming feature made in the tradition of talky indie forbearers John Cassavetes, Eric Rohmer, and Richard Linklater. Mutual Appreciation again collects a group of guarded postgraduates for its cast, but the film is no angsty trifle. Bujalski pulls off that impossible trick — always surprising no matter the influences — of affecting a naturalistic, improvisational flow while maintaining a clear authorial voice. It’s a dynamic that picks up steam with each exquisitely staged scene, making Mutual Appreciation as absorbing as anything you’re likely to see at the movies this year.
How then do we account for this guided freewheel? Cinematography is, as always, at least part of the answer. The grainy 16mm black-and-white film stock isn’t mere affectation but rather a functional stylistic element, underscoring the drab reality of the movie’s unsettled spaces: apartments with everything secondhand and mismatched, unmade beds on nicked hardwood floors, and rooms that are either too big (making one fret over the lack of proper furniture) or too small (making one crouch). Bujalski and cinematographer Matthias Grunsky court these challenging spaces, always coming up with a revealing composition that frames characters in depth — splayed against walls or hunched in makeshift chairs.
While Bujalski has clearly done his homework on no-budget cinematography, his narration style seems more instinctual and basic to the film’s shape. Like exemplar François Truffaut’s Jules and Jim, Mutual Appreciation pivots on a youthful, untested ménage à trois: boyfriend-girlfriend Lawrence (Bujalski) and Ellie (Rachel Clift) have lived in Brooklyn for some time, while Lawrence’s old friend Alan (Justin Rice) is new in town, lost in an existential quandary over his life and music (“It’s like pop”). Like so many of his progenitors, Bujalski has an innate sense for particular rhythms of talk. This isn’t just a matter of dialogue (“If you kiss me now, my breath’s going to be all beery and burrito-y”) but also of editing — knowing, for example, how to exit a scene, convey a relationship with an unevenly paced phone conversation, and let the camera run on a given close-up to register a character’s unguarded reactions.
More impressive is the way Bujalski subtly orchestrates little one-acts to achieve genuine drama. The principle instance of such narrative structuring is in the many scenes between Lawrence and Ellie, and Alan and Ellie, but none between the old friends in question (until the closing minutes anyhow). If Mutual Appreciation’s narrative seems accidental, it’s a testament to Bujalski’s understated technique. There is certainly method here, from repetitions of dialogue (“That’s flattering”) and theme (gender confusion) to the patient unveiling of character, the apotheosis of which is a sequence of scenes tracing Alan from one Warholian party to another, no better for the omnipresent tallboys of beer.
What begins as nonchalant talk blooms into compelling drama by movie’s end. It seems no coincidence that one of Mutual Appreciation’s three main characters is an indie rocker. Bujalski, after all, registers the fear and trembling that twentysomethings expect from music (middlebrow Indiewood being as unlikely to produce something relatable as the French “cinema of quality” from which the New Wave broke away). But Mutual Appreciation is more than an outlet; in its illuminating narration, many will see a mirror, an ode to these transitional places in which one blusters toward adulthood, talking all the way. SFBG
MUTUAL APPRECIATION
Opens Fri/29
Red Vic Movie House
1727 Haight, SF
$4–$8
(415) 668-3994
www.redvicmoviehouse.com
www.mutualappreciation.com
For an interview with Mutual Appreciation director Andrew Bujalski, go to www.sfbg.com/blogs/pixel_vision.

The people’s program

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

Casting off

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

Police foot patrols get green light

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In the face of raised levels of violent crime in San Francisco in recent months, the Board of Supes voted on September 19 to look into expanding a pilot police foot patrol program.
The program was first suggested by Sup. Ross Mirkarimi and, as amended, would provide foot patrols in more neighborhoods.
In a 5-4 vote, the Supes decided to add the Tenderloin, Mission and Ingleside police stations to the program and to send the proposed legislation back to committee for another hearing.
All this went down in face of Police Chief Heather Fong’s warnings that the program would result in increased costs and slower responses to violent crimes, even as she expressed support for expanding the program.
City Budget Analyst Harvey Rose predicted that the SFPD could start up the program without additional resources.
The amended legislation goes before the Committee on Gun and Gang Violence on Oct. 2 and returns to the full Board on OCt. 3,

EDITOR’S NOTES

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

The terror of Prop. 90

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

Terrorizing the peace marches

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› gwschulz@sfbg.com
If any questions remain today as to how the law enforcement establishment views antiwar activists in the post–Sept. 11 world, just follow the money for answers.
The San Francisco Police Department was paid $3.3 million from the US Department of Homeland Security to cover overtime costs for officers who patrolled the major antiwar demonstrations of early 2003.
After months of haggling, the Governor’s Office of Homeland Security finally turned key records over to the Guardian. They showed that the money came from a federal “critical infrastructure protection” grant and covered police overtime costs that were incurred by the city between March 2003 and October 2004.
The overtime payments concentrated mostly on more than two weeks’ worth of large protests that occurred in San Francisco around the outset of the war in Iraq. On March 23, 2003 — the first full day after the war began, when the city was nearly shut down by the demonstrations and there were nearly 2,000 arrests — the overtime costs covered by terror money alone reached nearly $800,000.
Other days’ payment ranged from $5,000 to as much as $500,000. Most of the Police Department records included in one file the Guardian obtained describe the events as “anti-war demonstrations,” but one protest is identified as an “alternative bicycle event,” while another is listed as a “Global Exchange Protest of Fox News.”
To obtain the federal antiterror funding, local governments must first spend their own money and follow up with a request for reimbursement from the feds. While the critical infrastructure protection grant exclusively covers overtime expenses, the records we obtained happen to show the full amounts motorcycle patrol officers earned to work the protests: sometimes up to $80 an hour.
San Francisco already pays out millions of dollars annually for overtime expenses from the city’s General Fund to cover chronic staff shortages at the Police Department. The San Francisco Office of the Controller predicted in March that overtime expenditures generated by the department would climb to around $20 million by the end of fiscal year 2005, $7 million more than the year before.
During the spring budget process, police officials asked the city for $12.5 million to send 250 new wannabe cops through academy classes. But the department hopes to hire 350 to 400 more sworn and nonsworn employees over the next three years. Mayor Gavin Newsom made new police recruitments a top priority in his proposed budget for fiscal year 2006–07.
In 2003, the San Francisco Chronicle reported that then-mayor Willie Brown intended to cover some of the costs of the city’s widely publicized antiwar protests through federal terror funds. An agreement for the total award between San Francisco and the state, which administers the federal funds, was signed in August 2003 by former budget director Ben Rosenfield, who worked for the both Brown and Mayor Newsom. Spokespeople for Newsom and the Police Department did not answer our inquiries in time.
At the time of the protests, Brown seemed to really stretch in his attempt to link them to a terrorism threat. According to the Chronicle, Brown said, “Terrorists could use the demonstrations as a ‘cover’ to get near the bridges or targeted buildings in the Financial District or Civic Center area.” (G.W. Schulz)

The cost of harassing the homeless

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EDITORIAL Mayor Gavin Newsom, who has always talked about treating homeless people with compassion, is allowing the cops to do just the opposite — and it’s costing the city millions. As Amanda Witherell reports on page 11, the San Francisco Police Department under the Newsom administration has issued 31,230 citations for so-called quality of life offenses like sleeping on the streets, sleeping in the parks, and panhandling. In a pioneering study, Religious Witness with Homeless People reports that issuing and prosecuting those citations cost taxpayers $5.7 million over the past two years.
This is a reminder of the failure of the Newsom administration’s housing policy — and a terrible waste of law enforcement resources. The mayor needs to put a stop to it now.
Think about it: most homeless people are living on the streets because they don’t have the money for housing in this famously expensive city. In the vast majority of the cases, giving someone who’s broke a ticket for $100 is a colossal waste: the offender isn’t going to be able to pay anyway, so the unpaid ticket turns into an arrest warrant. The next time around, the police can nab this person and put him or her in jail (costing the city $92.18 a day, according to the Sheriff’s Department). In the end, 80 percent of the citations are dismissed anyway — but not before the police, the courts, the district attorney, and the sheriff run up a huge tab.
In some cases, it’s just another hassle for homeless people. In other cases though, these seemingly minor tickets can rob someone of the last vestiges of a semitolerable life. The list of quotes from homeless people included with the study is, to say the least, depressing:
“They wake me up in the morning and threaten to arrest me if I don’t stand up and start walking. The drop-in centers are full, so I either walk or get ticketed. I can’t walk all day long.”
“They took my vehicle away because I slept in it in the mornings while waiting to get another construction job. Losing my truck was the worst thing that ever happened to me. I can’t get a job without my truck, so now I’m on the street.”
“Just one ticket for sleeping can violate my parole, and then I’ll be in [prison] with murderers.”
“I went to Project Homeless Connect, and they really helped me. Two days later, they arrested me for not paying my tickets.”
The city is facing a homicide epidemic. The police brass constantly complain that there aren’t enough uniformed officers to keep the streets safe. Sup. Ross Mirkarimi is having to fight to get approval for a modest pilot program that would put exactly four officers on foot patrols in high-crime neighborhoods; that program could be funded for less than one-tenth what the city is spending harassing the homeless.
It makes absolutely no sense for the police to be wasting time issuing these sorts of citations. Sure, violent people who are a threat to the public need to be kept off the streets — but that’s only a very small number of the homeless in San Francisco. Letting people sleep in the parks or in their cars isn’t a solution to the homeless problem — but it’s hardly a massive threat to the city’s populace (and certainly not when compared to the growing murder rate).
Newsom, of course, could and should make a public commitment to spending that $5 million in a more useful and productive way. And the Police Commission should look into the Religious Witness study and direct the chief to order officers away from giving quality-of-life citations.
If none of that happens, the supervisors ought to look into this too. If the cops have the money to be chasing panhandlers and car sleepers, the budget committee should look at the department’s allocation and see if some of those resources can’t be better spent fighting actual crime. SFBG

CENSORED!

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› sarah@sfbg.com
Last month, two news stories broke the same day, one meaty, one junky. In Detroit, US District Judge Anna Diggs Taylor ruled that the Bush administration’s warrantless National Security Agency surveillance program was unconstitutional and must end. Meanwhile, somewhere in Thailand, a weirdo named John Mark Karr claimed he was with six-year-old beauty queen JonBenet Ramsey when she died in 1996.
Predictably, the mainstream media devoted acres of newsprint and hours of airtime to the self-proclaimed beauty queen killer, including stories on what he ate on the plane ride home, his desire for a sex change, his child-porn fixation, and — when DNA tests proved Karr wasn’t the killer — why he confessed to a crime he didn’t commit.
During that same time period, hardly a word was written or said in the same outlets about Judge Diggs Taylor’s ruling and the question it raises about why Bush and his power-grabbing administration repeatedly lie to the American public.
The mainstream media’s fascination with unimportant stories isn’t anything new. Professor Carl Jensen, a disenchanted journalist who entered advertising only to walk away in greater disgust and become a sociologist, says the media’s preoccupation with “junk food news” inspired him to found a media research project at Sonoma State University about 30 years ago to publicize the top 25 big stories the media had censored, ignored, or underreported the previous year.
That was the beginning of Project Censored, the longest-running media censorship project in the nation — and it drew plenty of criticism from editors and publishers.
“I was taking a lot of flak from editors around Project Censored’s annual list of the top stories the mainstream media missed,” recalls the now-retired Jensen. “They said the reason they hadn’t covered the stories was that they only had a limited amount of time and space, and that I was an academic, sitting there criticizing.”
But Jensen had an answer: there was plenty of time and space, but it was just being filled with fluff.
Since 1993, Project Censored has been running not only the stories that didn’t get adequate coverage but also the “junk food news” — the stories that were way, way overblown and filled precious pages and airtime that could have been used for real news.
While Jensen would love to be able to claim that Project Censored solved the media’s problems with censorship and junk food news, that didn’t happen.
“If anything, it’s gotten worse,” Jensen says, pointing to increased media monopolization.
Project Censored’s current director, Peter Phillips, says entertainment news may be addictive, but that’s no excuse for the media to push it.
“Massacres, celebrity gossip — we’re automatically attracted,” Phillips says. “It’s like selling drugs. But we don’t tolerate the drug dealer on the corner. For the democratic process to happen, we have to have information presented and made available. To just give people entertainment news is an abdication of the First Amendment.”
Art Brodsky, a telecommunications expert at Public Knowledge, an advocacy group based in Washington, DC, says some of the problems with censorship are a product of journalistic laziness. Brodsky, who has written extensively on network neutrality, which is the number one issue on this year’s list, says the topic hasn’t received enough coverage, partly because the debate has largely remained couched in telecommunications jargon.
“Network neutralilty is a crappy term, other than its alliterative value,” Brodsky says. “It’s one of those Washington issues that gets intense coverage in the field where it happens but can be successfully muddied, and it’s technical. So a lot of editors and reporters throw their hands up in the air, a lot like senators.
Following are Project Censored’s top 10 stories for the past year.
1. THE FEDS AND THE MEDIA MUDDY THE DEBATE OVER INTERNET FREEDOM
In its relatively brief life, the Internet has been touted as the greatest vehicle for democracy ever invented by humankind. It’s given disillusioned Americans hope that there is a way to get out the truth, even if they don’t own airwaves, newspapers, or satellite stations. It’s forced the mainstream media to talk about issues it previously ignored, such as the Downing Street memo and Abu Ghraib prisoner abuse.
So when the Supreme Court ruled that giant cable companies aren’t required to share their wires with other Internet service providers, it shouldn’t have been a surprise that the major media did little in terms of exploring whether this ruling would destroy Internet freedom. As Elliot Cohen reported in BuzzFlash, the issue was misleadingly framed as an argument over regulation, when it’s really a case of the Federal Communications Commission and Congress talking about giving cable and telephone companies the freedom to control supply and content — a decision that could have them playing favorites and forcing consumers to pay to get information and services that currently are free.
The good news? With the Senate still set to debate the Communications Opportunity, Promotion and Enhancement Act of 2006, as the network neutrality bill is called, it’s not too late to write congressional representatives, alert friends and acquaintances, and join grassroots groups to protect Internet freedom and diversity.
Source: “Web of Deceit: How Internet Freedom Got the Federal Ax, and Why Corporate News Censored the Story,” Elliot D. Cohen, BuzzFlash.com, July 18, 2005
2. HALLIBURTON CHARGED WITH SELLING NUCLEAR TECHNOLOGY TO IRAN
Halliburton, the notorious US energy company, sold key nuclear reactor components to a private Iranian oil company called Oriental Oil Kish as recently as 2005, using offshore subsidiaries to circumvent US sanctions, journalist Jason Leopold reported on GlobalResearch.ca, the Web site of a Canadian research group. He cited sources intimate with the business dealings of Halliburton and Kish.
The story is particularly juicy because Vice President Dick Cheney, who now claims to want to stop Iran from getting nukes, was president of Halliburton in the mid-1990s, at which time he may have advocated business dealings with Iran, in violation of US law.
Leopold contended that the Halliburton-Kish deals have helped Iran become capable of enriching weapons-grade uranium.
He filed his report in 2005, when Iran’s new hard-line government was rounding up relatives and business associates of former Iranian president Hashemi Rafsanjani, amid accusations of widespread corruption in Iran’s oil industry.
Leopold also reported that in 2004 and 2005, Halliburton had a close business relationship with Cyrus Nasseri, an Oriental Oil Kish official whom the Iranian government subsequently accused of receiving up to $1 million from Halliburton for giving them Iran’s nuclear secrets.
Source: “Halliburton Secretly Doing Business with Key Member of Iran’s Nuclear Team,” Jason Leopold, GlobalResearch.ca, Aug. 5, 2005
3. WORLD OCEANS IN EXTREME DANGER
Rising sea levels. A melting Arctic. Governments denying global warming is happening as they rush to map the ocean floor in the hopes of claiming rights to oil, gas, gold, diamonds, copper, zinc, and the planet’s last pristine fishing grounds. This is the sobering picture author Julia Whitty painted in a beautifully crafted piece that makes the point that “there is only one ocean on Earth … a Mobiuslike ribbon winding through all the ocean basins, rising and falling, and stirring the waters of the world.”
If this world ocean, which encompasses 70.78 percent of our planet, is in peril, then we’re all screwed. As Whitty reported in Mother Jones magazine, researchers at the Scripps Institution of Oceanography and the Lawrence Livermore National Laboratory in 2005 found “the first clear evidence that the world ocean is growing warmer,” including the discovery “that the top half-mile of the ocean has warmed dramatically in the past 40 years as the result of human-induced greenhouse gases.” But while a Scripps researcher recommended that “the Bush administration convene a Manhattan-style project” to see if mitigations are still possible, the US government has yet to lift a finger toward addressing the problem.
Source: “The Fate of the Ocean,” Julia Whitty, Mother Jones, March–April 2006
4. HUNGER AND HOMELESSNESS INCREASING IN THE UNITED STATES
As hunger and homelessness rise in the United States, the Bush administration plans to get rid of a data source that supports this embarrassing reality — a survey that’s been used to improve state and federal programs for retired and low-income Americans.
President Bush’s proposed budget for fiscal year 2007 includes an effort to eliminate the Census Bureau’s Survey of Income and Program Participation. Founded in 1984, the survey tracks American families’ use of Social Security, Medicaid, unemployment insurance, child care, and temporary assistance for needy families.
With legislators and researchers trying to prevent the cut, author Abid Aslam argued that this isn’t just an isolated budget matter: it’s the Bush administration’s third attempt in as many years to remove funding for politically embarrassing research. In 2003, it tried to whack the Bureau of Labor Statistics report on mass layoffs and in 2004 and 2005 attempted to drop the bureau’s questions on the hiring and firing of women from its employment data.
Sources: “New Report Shows Increase in Urban Hunger, Homelessness,” Brendan Coyne, New Standard, December 2005; “US Plan to Eliminate Survey of Needy Families Draws Fire,” Abid Aslam, OneWorld.net, March 2006
5. HIGH-TECH GENOCIDE IN CONGO
If you believe the corporate media, then the ongoing genocide in the Democratic Republic of the Congo is all just a case of ugly tribal warfare. But that, according to stories published in Z Magazine and the Earth First! Journal and heard on The Taylor Report, is a superficial, simplistic explanation that fails to connect this terrible suffering with the immense fortunes that stand to be made from manufacturing cell phones, laptop computers, and other high-tech equipment.
What’s really at stake in this bloodbath is control of natural resources such as diamonds, tin, and copper, as well as cobalt — which is essential for the nuclear, chemical, aerospace, and defense industries — and coltan and niobium, which is most important for the high-tech industries. These disturbing reports concluded that a meaningful analysis of Congolese geopolitics requires a knowledge and understanding of the organized crime perpetuated by multinationals.
Sources: “The World’s Most Neglected Emergency: Phil Taylor talks to Keith Harmon Snow,” The Taylor Report, March 28, 2005; “High-Tech Genocide,” Sprocket, Earth First! Journal, August 2005; “Behind the Numbers: Untold Suffering in the Congo,” Keith Harmon Snow and David Barouski, Z Magazine, March 1, 2006
6. FEDERAL WHISTLEBLOWER PROTECTION IN JEOPARDY
Though record numbers of federal workers have been sounding the alarm on waste, fraud, and other financial abuse since George W. Bush became president, the agency charged with defending government whistleblowers has reportedly been throwing out hundreds of cases — and advancing almost none. Statistics released at the end of 2005 by Public Employees for Environmental Responsibility led to claims that special counsel Scott Bloch, who was appointed by Bush in 2004, is overseeing the systematic elimination of whistleblower rights.
What makes this development particularly troubling is that, thanks to a decline in congressional oversight and hard-hitting investigative journalism, the role of the Office of Special Counsel in advancing governmental transparency is more vital than ever. As a result, employees within the OSC have filed a whistleblower complaint against Bloch himself.
Ironically, Bloch has now decided not to disclose the number of whistleblower complaints in which an employee obtained a favorable outcome, such as reinstatement or reversal of a disciplinary action, making it hard to tell who, if anyone, is being helped by the agency.
Sources: “Whistleblowers Get Help from Bush Administration,” Public Employees for Environmental Responsibility (PEER) Web site, Dec. 5, 2005; “Long-Delayed Investigation of Special Counsel Finally Begins,” PEER Web site, Oct. 18, 2005; “Back Door Rollback of Federal Whistleblower Protections,” PEER Web site, Sept. 22, 2005
7. US OPERATIVES TORTURE DETAINEES TO DEATH IN AFGHANISTAN AND IRAQ
Hooded. Gagged. Strangled. Asphyxiated. Beaten with blunt objects. Subjected to sleep deprivation and hot and cold environmental conditions. These are just some of the forms of torture that the US military in Iraq and Afghanistan inflicted on detainees, according to an American Civil Liberties Union analysis of autopsy and death reports that were made public in response to a Freedom of Information Act lawsuit.
While reports of torture aren’t new, the documents are evidence of using torture as a policy, raising a whole bunch of uncomfortable questions, such as: Who authorized such techniques? And why have the resulting deaths been covered up?
Of the 44 death reports released under ACLU’s FOIA request, 21 were homicides and eight appear to have been the result of these abusive torture techniques.
Sources: “US Operatives Killed Detainees During Interrogations in Afghanistan and Iraq,” American Civil Liberties Union Web site, Oct. 24, 2005; “Tracing the Trail of Torture: Embedding Torture as Policy from Guantánamo to Iraq,” Dahr Jamail, TomDispatch.com, March 5, 2006
8. PENTAGON EXEMPT FROM FREEDOM OF INFORMATION ACT
In 2005, the Department of Defense pushed for and was granted exemption from Freedom of Information Act requests, a crucial law that allows journalists and watchdogs access to federal documents. The stated reason for this dramatic and dangerous move? FOIA is a hindrance to protecting national security. The ruling could hamper the efforts of groups like the ACLU, which relied on FOIA to uncover more than 30,000 documents on the US military’s torture of detainees in Afghanistan, Iraq, and Guantánamo Bay, including the Abu Ghraib torture scandal.
With ACLU lawyers predicting that this ruling will likely result in more abuse and with Americans becoming increasingly concerned about the federal government’s illegal intelligence-gathering activities, Congress has imposed a two-year sunset on this FOIA exemption, ending December 2007 — which is cold comfort right now to anyone rotting in a US overseas military facility or a secret CIA prison.
Sources: “Pentagon Seeks Greater Immunity from Freedom of Information,” Michelle Chen, New Standard, May 6, 2005; “FOIA Exemption Granted to Federal Agency,” Newspaper Association of America Web site, posted December 2005
9. WORLD BANK FUNDS ISRAEL-PALESTINE WALL
In 2004, the International Court of Justice ruled that the wall Israel is building deep into Palestinian territory should be torn down. Instead, construction of this cement barrier, which annexes Israeli settlements and breaks the continuity of Palestinian territory, has accelerated. In the interim, the World Bank has come up with a framework for a Middle Eastern Free Trade Area, which would be financed by the World Bank and built on Palestinian land around the wall to encourage export-oriented economic development. But with Israel ineligible for World Bank loans, the plan seems to translate into Palestinians paying for the modernization of checkpoints around a wall that they’ve always opposed, a wall that will help lock in and exploit their labor.
Sources: “Cementing Israeli Apartheid: The Role of World Bank,” Jamal Juma’, Left Turn, issue 18; “US Free Trade Agreements Split Arab Opinion,” Linda Heard, Aljazeera, March 9, 2005
10. EXPANDED AIR WAR IN IRAQ KILLS MORE CIVILIANS
At the end of 2005, US Central Command Air Force statistics showed an increase in American air missions, a trend that was accompanied by a rise in civilian deaths thanks to increased bombing of Iraqi cities. But with US bombings and the killing of innocent civilians acting as a highly effective recruiting tool among Iraqi militants, the US war on Iraq seemed to increasingly be following the path of the war in Vietnam. As Seymour Hersh reported in the New Yorker at the end of 2005, a key component in the federal government’s troop-reduction plan was the replacement of departing US troops with US air power.
Meanwhile, Hersh’s sources within the military have expressed fears that if Iraqis are allowed to call in the targets of these aerial strikes, they could abuse that power to settle old scores. With Iraq devolving into a full-blown Sunni-Shiite civil war and the United States increasingly drawn into the sectarian violence, reporters like Hersh and Dahr Jamail fear that the only exit strategy for the United States is to increase the air power even more as the troops pull out, causing the cycle of sectarian violence to escalate further.
Sources: “Up in the Air,” Seymour M. Hersh, New Yorker, December 2005; “An Increasingly Aerial Occupation,” Dahr Jamail, TomDispatch.com, December 2005 SFBG
For the next 15 of Project Censored’s top 25 stories, go to www.sfbg.com.

$70 million

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By Tim Redmond

Assemblymember Mark Leno has gotten one of the most important bills of the year through the state Legislature, and if the governor signs it — and he might — it could bring an additional $70 million to San Francisco, enough (for example) to wipe out Muni’s structural budget deficit.

The billl would allow San Francisco the option of imposing a 2 percent fee on motor vehicle registrations — the same fee that every car owner in California paid for years until Gov. Schwarzenegger summarily repealed it, leaving the state with a $5 billion budget deficit.

If the city voters approved it, the fee could be assessed on cars registered in San Francisco. The city would pick up desperately needed cash for public transit, and car owners would be no worse off than they were under every governor in the past 25 years (except for this one).

Congrats to Leno for making this happen — and if it becomes law, the supervisors should move immediately to implement it.

The attack on public housing

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OPINION If the Bush administration has its way, conditions for San Francisco’s public housing residents are about to get much worse.
The San Francisco Housing Authority, which operates 6,000 units of public housing, is facing a $7 million shortfall this year due to Republican-led cuts to the Department of Housing and Urban Development (HUD) budget. Congress has already cut the public housing budget by $1 billion since 2001 and has now created a $300 million shortfall in operating funds for already cash-strapped public housing agencies. As a result, agencies will receive 85.5 percent of what they need. But that’s not all. The president’s proposed budget for 2007 guarantees that funding will drop again to (at most) 80 percent of the need.
San Francisco will be one of the hardest-hit housing authorities. That’s because HUD uses a nonsensical funding formula that unfairly cuts funds to some agencies while providing increased funding for others.
The impact of these budget cuts is alarming, as agencies try to do more with less. Housing authorities across the nation are being forced to cut back vital tenant services such as security and maintenance.
The impact on San Francisco’s public housing residents will be nothing short of disastrous. The housing authority will now have to operate with only $342 per unit (down from $454).
Since Bush took office, per unit funding has declined sharply, from $585 in 1999; combine that with rising housing costs and other expenditures and you’ll see that San Francisco’s poorest have been hit hard. Residents are plagued with deferred maintenance and growing repair needs. Units sit empty because there are no funds for rehab. Shootings continue on many public housing sites while cutbacks in security are made. There’s a backlog of $245 million in immediate capital improvements needs and no plans for new development, despite the 30,000 families who have been languishing for years on the waiting list.
A loss of $7 million will mean dire consequences: longer turnaround on repairs, less secure buildings, and a further halt to modernization and new construction — this at a time when the agency has already failed its tenants and when housing costs continue to climb out of reach of San Francisco’s homeless and low-income families. Congress must take a stand now and stop the Bush administration and its unconscionable attempts to dismantle low-income housing programs. Democrats in Congress should take the lead and demand that a $300 million budget supplemental for public housing be passed to stop the losses for this year. It will also take strong leadership to ensure that public housing is fully funded for 2007. If the Republicans succeed once again in ridding cities of housing for the poor, it would be, as Erni Young of the Philadelphia Daily News wrote, nothing short of “an act of domestic terrorism perpetrated by our own government.” SFBG
Sara Shortt
Sara Shortt is an organizer with the Housing Rights Committee.
To send a letter to your congressional representative, visit www.localimpact.org.

A sister fears Halloween in the Castro

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OPINION Any attempt to organize an official Halloween in the Castro is a terrible idea, maybe even a deadly one. But before I rant, let me give a little history. In the wake of the Oct. 17, 1989, Loma Prieta earthquake, a BBC story reported that “a massive rescue effort is now underway in what experts believe is the second biggest earthquake ever to hit the United States.”
More than 3,500 people were injured and 100,000 buildings damaged. For this reason, a few members of the Sisters of Perpetual Indulgence made a spontaneous decision to stand in the Castro among the drag queens and costumed folk that Halloween to put on street theater and collect donations for the mayor’s relief fund for the victims of the earthquake. A brilliant move. We collected thousands.
This put a bee in our bonnets … er … wimples to use Halloween as a fun fundraiser the next year. A tremendous success. Each year the caliber of entertainment drew more people and brought in more donations, enabling us to entertain the otherwise unruly crowds while collecting donations for AIDS charities. The events were a hit, until we saw attendees getting hit — with bottles, bats, and other deadly weapons — by drunken gay-bashers out to get their kicks. The next year we saw that police checking for weapons had collected garbage cans full of baseball bats, hammers, knives, axes (none of these were the rubber kind), and many blunt instruments that could harm people. I saw someone with a mask running a gas-powered chain saw. But when police told us that among other weapons they had confiscated an AK-47 assault rifle, that was the year the Sisters were through with Halloween in the Castro, frightened that an event we had sponsored might bring about death.
So we tried something different. Luring people away from the Castro and into a private club, we turned the Pleasuredome in SoMa into a Halloween-themed party space with ornate All Hallows Eve–oriented backdrops and props. We had stellar entertainment, and the door charge went to AIDS and cancer charities. There was only one rule: you had to be in costume. The event was called HallowQueen, with the slogan “Evolve with the Sisters as Halloween moves to the next level.” It was successful in getting people out of the Castro and into a safe space, but we couldn’t afford to do it again on our meager budget.
The attempt to move the party to the Civic Center did not work because of poor planning and insufficient advance public relations. And since the Castro was still gated off, the queer-bashers thought that was the better locale in which to be violent. There were several stabbings that year.
There should be no official gathering in the Castro. No gates set up to make it look like an event. Police should infiltrate the area to keep peace but not harass the costumed folk. And something must be scheduled by the city outside the Castro and managed well to draw the crowd away to safety. Then perhaps the Sisters will get involved again. Then maybe the Sisters will MC and run a stage. But as it is now, the cordoned-off section of the “official” Halloween will end at Market and Castro. That is potentially deadly — inviting bashers and spoilers to assemble right at the very entrance of the Castro. Boo! SFBG
Sister Dana Van Iquity
Sister Dana Van Iquity is a member of the Sisters of Perpetual Indulgence.

Shackling the tax man

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› gwschulz@sfbg.com
Late last month, David Cay Johnston of the New York Times managed to get a story about IRS layoffs picked up by the San Francisco Chronicle and placed on page three. That’s no small challenge, even in one of the most politically charged cities in the nation. It was not a sexy story, neither to liberals nor to conservatives.
But the story’s timing was impeccable.
Johnston reported that the IRS was poised to lay off 157 of its 345 estate- and gift-tax attorneys working at agency offices throughout the country — a division of investigators that generates more revenue for the federal treasury by catching tax cheats than any other group of auditors, about $2,200 for every hour that they work.
Dismantling the estate tax has been among the most aggressive crusades taken up by the Republican Party and its friendliest contributors for at least the last decade. Leaked to the Times by IRS whistle-blowers, the story about the layoffs surfaced just days before Congress rejected for the fifth time since 2001 an attempt by fiscal conservatives to get rid of the estate tax. The legislation failed despite Republican control of both the House and Senate. Even tempting Democrats with the first federal minimum-wage hike in 10 years couldn’t do the trick.
So how could defending the estate tax and the right of the IRS to collect it survive two branches of the federal government dominated by a political party that holds most taxation in contempt? It’s because families awash in seemingly infinite wealth are the only ones who get hit by the tax — despite false claims made by the GOP that the estate tax kills small businesses.
California filed more estate-tax returns in 2001 than any other state in the country by a margin of thousands. The only state that came close was Florida, and California still filed around 6,000 more returns, according to the most recent IRS numbers.
In other words, the Golden State is filthy, stinking rich and more vulnerable to the estate tax than other states. GOP party leaders in Washington insist the issue will return in the form of a new bill, and the IRS is behaving as if the estate tax has already disappeared. If it does, the richest families in the United States — highly concentrated in California and the Bay Area — stand to collectively save billions of dollars.
The Bay Area contains within its sloping hills and mammoth upstart tech firms higher income levels and more general wealth than almost anywhere else in the country. In fact, the San Francisco metropolitan area is the fourth wealthiest in the nation, according to Merrill Lynch, and two tiny cities between here and Mountain View, where Google is based, have the highest per capita median income in the United States. Those two cities, Atherton and Hillsborough, have a combined population of about 17,000, and while many of these techie tycoons are young, the day will come when they die and pass millions of dollars on to their descendants. Will there be enough tax investigators available to audit those estates? Will there even be an estate tax?
Following Johnston’s revelations, a Times editorial suggested the layoffs were a politically motivated attempt by the Bush White House to circumvent the legislative process. What it can’t accomplish through Congress it can do by handcuffing the tax police.
“This is an election year issue,” said Jay Adkisson, a private sector tax lawyer from Laguna Niguel who documents egregious cases of fraud on his Web site, Quatloos! “They’re trying to appease Republican voters who were angry over the failure of Congress to do something about the estate tax.”
The story of the IRS layoffs didn’t just catch the attention of readers. Congress responded too. Twenty-three lawmakers — including, somewhat predictably, Democrat Tom Lantos of California’s 12th District — immediately fired off a letter to Bush-appointed IRS commissioner Mark Everson demanding to know if the agency could now effectively investigate estate-tax avoiders.
None but the most obscenely wealthy Americans pay even a dime in taxes when they earn an inheritance upon a death in the family. Estates aren’t hit with taxes until they reach a value of $2 million, or $4 million for a married couple. Only estates exceeding those amounts are assessed any tax, according to the Center on Budget and Policy Priorities (CBPP).
And if the family hires a savvy tax attorney or estate planner, those nontaxable values could easily rise to $10 million, according to Adkisson.
A research director at the Brookings Institution named Diane Lim Rogers opined in the Chronicle last May that because of current exemptions, about one half of one percent of dead people will actually be followed to the grave by the tax man. Besides, it’s the beneficiaries of an inheritance who pay. Despite grand claims made by Republicans that the beneficiaries of an estate will be paying half of what they’re handed in taxes, even the estates eligible for taxation see on average a 20 percent rate, according to the CBPP, which relied on the IRS for its statistics. For those who do pay estate taxes, deep discounts are available through charitable donations.
“The argument made about lots of people being ‘burdened’ by estate taxes is that they go through lots of convoluted tax-planning strategies in order to avoid the estate tax, so even if they don’t end up paying any estate tax, they are still adversely affected [burdened] by the existence of the tax,” Rogers wrote in an e-mail to the Guardian.
But even considering the cost of estate planning, Rogers said, no one would rationally spend more avoiding taxes than they would actually paying them.
Keith Schiller, a respected private sector tax attorney based in Orinda, earns princely sums teaching millionaires how to take advantage of loopholes in the federal tax code. He’s not opposed to the estate tax on principle; he just wants to simplify the way his clients pay their dues.
“I do believe the estate tax serves a social function of breaking down generational dynastic wealth,” he said in a phone interview.
Schiller said the IRS is conducting nowhere near the estate-tax audits it once did and that may be the only justification for laying off auditors. Still, the knowledge required by agency investigators to analyze and understand complex estate-tax avoidance schemes is immense. About 50 estate- and gift-tax attorneys based in Southern California and the Bay Area exclusively handle returns filed for the IRS from inside the state.
David Dean, president of the San Jose–based National Treasury Employees Union (NTEU) Local 238, said it’s not clear which offices will have layoffs. All 350 estate-tax auditors are being offered buyout deals that include their pensions plus up to $25,000, or $13,000 after taxes.
Dean and the NTEU, which represents the auditors and opposes the layoffs, insist the IRS isn’t entirely sure how much money is hidden from the agency each year through either elaborate trusts or simple refusals to file. It’s known as the “tax gap,” and three days after Johnston’s story appeared, the inspector general of the IRS, J. Russell George, told Congress that the agency’s estimated figures for delinquent estate taxes hadn’t been updated in years. His report described a self-fulfilling prophecy in which the IRS expressed no desire to update the figures because “consideration is being given to eliminating or reducing the number of people required to pay estate taxes.” The last estimate was about $8 billion, but that figure is for the most part unreliable, he testified.
But the law still exists, regardless of whether an anti–estate tax agenda eventually succeeds in Congress.
“If a law is on the books, you still have to close down on the cheaters,” said JJ MacNab, an estate planner who spent 18 years in the Bay Area working for tech clients. “If you don’t enforce a law on the books, no one’s going to have faith in the system.”
MacNab now lives in Washington and as a hobby assists people who buy into tax-avoidance schemes that turn out to be illegal. She said these days, it’s low-income earners who are likelier to be audited, a conclusion Johnston also came to in his 2003 best-seller, Perfectly Legal: The Covert Campaign to Rig Our Tax System to Benefit the Super Rich — and Cheat Everybody Else. The book shows how the recent layoffs are a small part of a larger movement to weaken the IRS’s investigative capabilities.
And that movement begins with those who can afford to fund it. Who are they? Well, they’re not your average farmer.
Consistently during the debate over estate taxes, the GOP has co-opted the populist language that once dominated America’s agrarian communities by claiming that the “death tax” bleeds poor farming families dry. It’s a spectacular rhetorical tool, but it’s an ugly distortion.
In fact, it’s the nation’s wealthiest families who have led the charge to dismantle the estate tax, not its small farmers, according to an April report put together by two groups, Public Citizen and United for a Fair Economy. The analysis identified a handful of enormously wealthy families that stand to save more than $70 billion if their lobbying efforts succeed. And that lobbying effort, the report notes, has amounted to around $490 million in direct and indirect lobbying expenditures since 1998.
The list includes Ernest Gallo of the E & J Gallo Winery, based in Modesto, and John A. Sobrato of Sobrato Development, listed by Forbes as one of the largest commercial landlords in Silicon Valley, with a familial net worth of approximately $2 billion. The Gallo family is reportedly worth about $1 billion.
The rest of the list is in part a who’s who of America’s billionaires: Wal-Mart’s Walton family; Charles and David Koch of the nation’s largest privately held company, the Kansas-based Koch Industries (also benefactors of libertarian think tank the Cato Institute, founded in San Francisco); and the Dorrance family of the Campbell Soup Co.
Ernest Gallo’s participation in antitax measures is particularly well documented. Elected officials he has supported with contributions in the past sponsored federal legislation in the ’70s and ’80s that allowed for millions of dollars in estate-tax exemptions for the Gallo family. One bill was even dubbed by estate-tax supporters the “Gallo amendment.”
The Public Citizen report links the Gallos to anti–estate tax lobbyist Patricia Soldano and her Orange County–based Policy and Taxation Group (PTG), which has spent $4 million lobbying solely against the estate tax since 1998. While the authors are unable to pinpoint exactly how much the Gallos had given to PTG directly, both the Sobratos and the Gallos are listed as clients of the group. The Gallos have reportedly spent hundreds of thousands of their own dollars supporting individual candidates.
It’s doubtful that very many people who actually paid estate taxes last year would know how to repair a grain harvester. In 2001, Johnston of the Times famously challenged the anti–estate tax American Farm Bureau Federation and the Bush administration to find just one example of a farm estate being sold to pay the taxes on it. Johnston reported they were unable to do so.
Estate planner Schiller likened opponents of the estate tax to medieval villagers who complained of gout to prove how well nourished they were.
“People want to believe they have an estate-tax problem,” he said, “so they can feel successful.” SFBG

Learning from leaks

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› deborah@sfbg.com
Brace yourself. What you are about to read might go against what you think is the general wisdom of conservationists: if it’s pee, don’t let it be. Now, I’m not advocating that you should flush. What I’m about to suggest emerges from the world of permaculture, and you’re about to find out all about it.
Permaculture is an approach to sustainable living that entails close, spiritual observation of nature and its inherent patterns and rhythms. Through contemplation of the land — a backyard, an entire city, Yosemite’s wilderness — humans can learn how to interact with the environment in a balanced and harmonious way. According to its adherents, permaculture design can integrate the vast spectrum of biological diversity into a functional system that naturally replenishes what it depletes. It seems fundamental that imitating the cycles of nature would produce a less wasteful way of living, but permaculturists insist that we’ve strayed so far from that course (for example, by farming miles and miles of wheat and using limited sources of energy) that it’s time for a full-on return to basics.
But permaculture is more than just a lesson on the how-tos of composting. And it’s more than simply a call to turn back the clock of industrialization. As Guillermo Vásquez, a Mayan from Central America who has been running the Indigenous Permaculture design course around the Bay Area since 2002, puts it, “It’s about how local communities can use their resources in the city in a sustainable way.”
Though geared to the urban environment, Vásquez’s classes use farming techniques drawn from native rural communities in El Salvador, South Dakota, and Guatemala. As a demonstration of how some of these techniques can be applied to everyday situations for the typical city dweller, he talked to me about the patch of bereft soil that is my backyard. Local permaculture courses such as the one Vásquez teaches introduce students to a holistic way of gardening that goes beyond throwing down some dirt, plugging a tomato seedling into the ground, and then turning on the hose. I mentioned that I should probably wait until winter to plant, in order to take advantage of the spring rains, so that I don’t have to wastefully water the yard so much, to which he responded, “you’re right, but first you have to find out what’s in your soil.” His classes give practical lessons in such things as testing the soil for lead and rotating crops and adding trees that retain water and recycle nutrients.
Vásquez’s class is taught on a shoestring budget. He organizes the course with elders from native communities in Central America and the United States. The staff includes specialists in water, soil, and green business. Employees of local nonprofits and people from underserved communities are invited to take the course for free, so long as they make a solemn commitment to do permaculture work in their communities for at least a year after the training. “We have a really teeny budget. Sometimes we work with nothing. We do this because we believe in hard work. We don’t get a salary. We organize the students to work with no money. We prove to them and show them that we can do positive things in our community with no money.”
Permaculture courses were developed in Australia in the mid-’70s when it first became obvious to environmentalists that the planet was in serious trouble due to monoculture farming. These environmentalists believed that we should value the earth’s bounty and endeavor to not hog all of its resources. Then they looked for ways to draw upon the interconnection between earth, water, and sky. One should meditate upon a site for as long as a year before farming, permaculturists advise, making note of all the connections observed. You might notice the sun’s path through the area or how water is leaking away from the site instead of being absorbed into it.
Besides ecological sustainability and environmental relationships, most permaculturists focus on creating social sustainability, recognizing cultural and bioregional identity, and building creative activist networks to implement “placemaking” and “paradigm reconstruction practices.” Not surprisingly for such an interactive philosophy, permaculture has found a huge following on the Web — sites such as permaearth.org and permacultureactivist.net host lively online forums.
Permaculturists also believe that humans should not interfere with the wilderness and that our only interaction with it should be to observe and learn from its ecological systems. The permacultural interactivity of humans and the environment is usually organized and described graphically as a system of concentric zones, like a mandala, beginning with “home” and extending toward “community,” so that the patterns of our social worlds can be put into balance.
Permaculture instructor Kat Steele of the Urban Permaculture Guild got into this kind of holistic approach because she wanted to combine her graphic design background with what she learned about sustainable living while traveling. She took a permaculture design course and started a landscaping business, then moved on to teaching certification courses. (In most cases, permaculture certification allows graduates to teach and participate in larger projects). The Urban Permaculture Guild uses “nonheirarchical decision-making” as one of its principles, and its members, in between contributing to the guild’s operations, have been involved in such large-scale projects as working with Jordanians to green their heavily salted deserts and transforming water recycling policies in Australia.
Steele discussed the guild’s training course with me while on a break from a six-week course conducted at the education facility of Golden Gate Park’s botanical garden. (It’s the first time the park has offered the course; the educational director hopes to develop the program further with Steele.) As in Vásquez’s class, students learn about the principles and concepts of permaculture and put them into practice in gardens. They learn from guest lecturers about soil enrichment and gray water (any water except toilet water that’s been used in the home). Both Vásquez’s and Steele’s classes follow the guidelines of the Permaculture Institute of Northern California and offer certification to students who successfully complete the course. They can be beneficial to yard gardeners like me, architects who wants to consider the best way to orient a building in order to make use of the sun and shade, and civil engineers looking for different approaches to water use and recycling.
During my conversation with Steele, she indicated how the concepts of permaculture could translate to social systems. “In our social landscape, we want to look at where energy is leaking. Typically in most businesses there is an organizational structure that is sort of top-down, and we can create feedback loops from energy or information that might be stored in areas that aren’t being used, so that it all can come back to decision makers. So creating flows that mimic cycles in nature in our business structures can help that.”
So learning from leaks is a key practice of permaculture design. Before we finished our interview, Steele got me thinking about how much I leak at home and that flushing isn’t just a gross misuse of water, it’s a waste to send all that pee down the drain. Turns out pee, when diluted in, say, a backyard pond fed by rain runoff from your roof, is excellent for your garden. SFBG
INDIGENOUS PERMACULTURE DESIGN COURSE
Aug. 26–Sept. 13
20 hours a week, dates subject to change after first class session
Free with one-year commitment to community work
Ecology Center
2530 San Pablo, Berkeley
www.indigenous-permaculture.org
URBAN PERMACULTURE GUILD
Check Web site for upcoming sessions in the Bay Area
www.urbanpermacultureguild.org

Found in translation

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In early ’80s Hollywood, director John Byrum set about making a film set in ’20s Paris. Coming down from the nouveau bohemian high of filming 1980’s Heart Beat, a film based on Carolyn Cassidy’s accounts of Jack Kerouac, Byrum was fully prepared to tickle the underbelly of the poetic avant-garde. He aimed to do so through a film version of W. Somerset Maugham’s The Razor’s Edge.
The Razor’s Edge tells the story of Larry Darrell, a young American who has just returned from war and decided to loaf around Paris to find the meaning of his life. From there, Maugham unravels some of the most misunderstood fibers of the human condition: jealousy, love, antipathy, lust, greed, and spirituality. Steeped in sex, drugs, murder, and philosophy, the novel had been the basis for a 1946 film starring Tyrone Power and Anne Baxter. Byrum brought a copy of the book to his friend Margaret “Mickey” Kelley, who was holed up in the hospital after giving birth.
“The very next night around four in the morning, the phone rings and it was Mickey’s husband, Bill [Murray],” Byrum remembers, via phone from his home in Connecticut. “All he said was, ‘This is Larry, Larry Darrell.’”
That sealed the deal. With a marquee name in tow, Byrum was set to remake The Razor’s Edge, starring Bill Murray — in his first-ever dramatic role. Throwing conventional script-writing out the passenger side window, the pair soon drove across America to write the screenplay. Murray and Byrum returned with a script that bore no resemblance to the 1946 film version. They even wove a farewell speech to Murray’s late friend John Belushi into the text.
There was just one problem: they had to find someone to let them make the thing. “I’ll tell you who got this movie made,” Byrum says. “It was Dan Aykroyd. Dan pointed out that we could give Ghostbusters to Columbia in exchange for a green light on The Razor’s Edge — Bill was convinced. Forty-five minutes later we had a caterer.” This devil’s bargain is par for the course. Hollywood legend has it that Tyrone Power committed to do one more Zorro movie for the privilege of playing Larry Darrell.
The film that took a drive around the country to write would soon take a trip around the world to film — the boys found the rest of their cast and set out. With Theresa Russell, Catherine Hicks, and Denholm Elliott in tow, the next year and a half would see the crew touch down in France, Switzerland, and India. The moment the last shot wrapped, Murray was on a plane to the set of Ghostbusters.
The Razor’s Edge — starring Bill Murray and shot entirely on location with a $12 million budget and a ridiculously talented cast — bombed. In a big way. Ghostbusters, the film Murray agreed to do only to get this one made, was released just weeks before, and it more than eclipsed Byrum and Murray’s labor of love, which ultimately ended up grossing only $6.5 million.
“I knew we weren’t going to get Oscars and fame from it,” says Byrum. “But when the film tanked so badly, Bill went to Paris to study at the Sorbonne because he was sick of the movie business.”
Twenty years later, Bill Murray has established himself as a master of dramatic roles, and the irony isn’t lost on Byrum, who at least gets to enjoy The Razor’s Edge’s ascendant cult movie status. “I wish I hadn’t gotten there first,” he says. “But when you get to do all these things making a movie, who cares if it’s a hit? I mean, it helps — but who cares?”
THE RAZOR’S EDGE
Tues/15, 7 and 9:30 p.m. (part of the Castro’s “70mm Series,” Aug. 11–19)
Castro Theatre
429 Castro, SF
$6–$9
(415) 621-6120
www.castrotheatre.com