California

MONDAY

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Sept. 4

Music

Brian Jonestown Massacre

Local legends the Brian Jonestown Massacre will be playing two dates at the Independent before taking off on a world tour. The group, born out of the Haight Ashbury, were the original revivalists of psych rock. Though far more influenced by occultism than patchouli, the BJM set the stage for the present-day influx of irreverent, freak-fantastic SF bands. The B-list acclaim they enjoyed for their part in the 2004 documentary DiG! resulted in Joel Gion’s reign as the most infamous tambourine player of all time. (K. Tighe)

Also Tues/5
With the Tyde
9 p.m.
Independent
628 Divisadero, SF
$16
(415) 771-1421
www.brianjonestownmassacre.com
www.independentsf.com

Visual art

“Clinks and My If’s”

Jeff K. Butler’s art is precise, delivering witty conceptual jokes that rely equally on language and materials to deliver the punch line. World’s Lightest Painting is hand lettered on white Styrofoam, enclosed in a white Styrofoam frame, and probably weighs all of a few ounces. For Sale replicates a classic black, orange, and white “For Sale” sign. The joke is revealed on the wall tag after careful observation: it’s the only piece in the show that’s priced. The show’s other pieces contain similar wry observations – Canvas refers to the canvas of a punching bag – and speak to the poet’s capacity to cross over easily into art without pausing in between. (Katie Kurtz)

Through Sept. 23
Mon.-Fri., 10 a.m.-5 p.m.
Lew Gallery
New College of California, 766 Valencia, SF
Free
(415) 437-3458

Enchanté

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› paulr@sfbg.com
“You’re not getting older, you’re getting better” is one of those things you say to someone who’s getting older and not better and is sensitive to the decline because of yet another birthday. (Birthdays beyond the 30th are at best memento mori, at worst a cumulative curse. After 30, one should count them by 10s.) Yet y-n-g-o-y-g-b is not just a mollifying phrase to be found on a Hallmark card; sometimes it is actually true. Many of the grander wines improve with age, up to a point, and so does the occasional well-conceived restaurant, particularly if the restaurant is a bistro.
“Bistro” is a much-abused term in our gastronomic idiom. Its meaning has been pulled and stretched to cover all manner of restaurants, bound together perhaps by just the faint suggestion of casual hipness. But even in America, where language is treated as cavalierly as food additives and war, words do retain core meanings, and the core meaning of bistro remains French. A proper bistro is quintessentially a neighborhood restaurant, well established and appealingly scuffed, with a brief menu of mostly traditional (French) dishes at moderate prices.
Le Charm is a proper bistro, though it is in San Francisco, not Paris, and when it was opened in 1994 by Alain Delangle and Lina Yew, its neighborhood was a little iffy. The SoMa of that time was already beginning to don its new Loftland identity, but the donning was uneven, and large swaths of the area were still grubby and gritty enough to make opening a nice restaurant a bold proposition. These days … well, SoMa is far more residential than a decade ago, and in that sense le Charm, the neighborhood restaurant, now has a neighborhood to belong to and neighbors to serve.
The wait has been kind to the restaurant. Although the space was recently remodeled, it has a look of woody permanence, with golden oak trim, cinnamon-colored walls, and a trellised garden set with tables. My basic impression, from years ago, was clatter, but while the restaurant now is hardly quiet, steps seem to have been taken to curb the noise. The floor is carpeted, and this alone makes a big difference.
Le Charm has been, from the beginning, a prix fixe haven, and while today’s bill of fare is fitted out with a full complement of à la carte choices, the prix fixe — $28 at dinner for three courses — continues to fascinate. Usually I succumb to this fascination, since the latter menu is full of the sort of earthy standards that make French food approachable and even lovable, from onion soup to blanquette de veau, and the fixed price means you need not worry about the bill, unless you go nuts with the wine. (Le Charm’s wine list is brisk, moderately priced, and surprisingly tilted toward California bottlings.)
But I do not always succumb, particularly when in dessert-forswearing mode, as we all must be from time to time. I was, moreover, interested in the mosaique ($8), an à la carte offering that turned out to be a kind of chilled vegetable terrine, wrapped in a skin of leek and cut into large, roughly triangular flaps. The terrine consisted of snow peas, sun-dried tomatoes, spinach, and shiitake mushrooms, while the leek skin was tender enough to be cut with an ordinary knife.
I also wanted lentils, and that meant the boudin blanc au foie gras ($19), stubby lengths of mild white sausage cut on the bias and given a Stonehenge arrangement around a moody hillock of Puy lentils, with interpolations of peeled, seeded tomato quarters.
Across the table, another story was unfolding, a $28 tale in three chapters that opened with a salad of cubed red beets set in tatsoi greens (decent, but more about looks than taste) and ended with an orange crème brûlée topped with slices of mandarin orange. In between there was a plot twist: the restaurant’s justly famous chicken-liver salad substituted for a selection from the standard, and weightier, main courses, with a corresponding discount of a few bucks. (I was surprised to see the possibility of duck confit passed over by someone I had long understood to be an insatiable duck-confitista.)
The chicken-liver salad — buttery chunks of meat with the mildest breath of liver flavor, scattered like boulders across a meadow of mixed greens — might work a bit better at lunch, when less heft is desirable, at least for those who need to remain conscious for the remainder of the workday. (A friendly warning here: the garden, in good weather, provides an al fresco experience you might have some trouble pulling yourself away from.) I was disappointed to find no croque monsieur on the midday menu, but quiche lorraine ($9.50), an egg tart stuffed with ham and cheese, wasn’t a bad substitute and was also served whole: a disk the size of one of those personal pizzas you can get at Roundtable.
Tart lovers of the sweet tooth variety will appreciate the tarte tatin, which at $4 is something of a steal and is also excellent — not the usual state of affairs for restaurant tartes tatins, too many of which have runny caramel and mushy apples. Le Charm’s version features shapely hemispheres of firm fruit, bronzed and slightly translucent, as if formed from amber, along with viscous caramel and flaky pastry. The formula is simple, really (tarte tatin is much easier to make than ordinary, American-style apple pie), yet a well-made one never fails to charm. SFBG
LE CHARM
Dinner: Tues.–Thurs., 5:30–9:30 p.m.; Fri.–Sat., 5:30–10 p.m.; Sun., 5–9 p.m.
Lunch: Mon.–Fri., 11:30 a.m.–2 p.m.
315 Fifth St., SF
(415) 546-6128
www.lecharm.com
Beer and wine
AE/MC/V
Noisy
Wheelchair accessible

Cutting taxes the right way

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EDITORIAL Finally the Democratic Party in California is starting to talk seriously about tax policy. It’s an important change in the political winds, and if state treasurer Phil Angelides can get beyond the tepid-to-hostile press and use his promise of a middle-class tax cut to gain ground on Gov. Arnold Schwarzenegger, it may signal the end of decades of regressive and deeply harmful economic policy.
Schwarzenegger, who knows he’s in a tough race, has been trying to smear Angelides by saying that the Democratic candidate is pushing for tax hikes. Yes, he is — tax hikes on the likes of Arnold Schwarzenegger (and Phil Angelides), people with incomes of more than $500,000 a year. For the record, these are people who have seen their taxes drop dramatically under the Bush administration and are the direct beneficiaries of an alarming national trend of wealth concentration among the richest Americans.
Angelides isn’t talking about radical tax hikes; all he wants to do is restore the top state income tax rate to the level it was under Republican governors like Ronald Reagan and Pete Wilson. Still, raising taxes never plays well in the polls, so Angelides is now doing what he needed to do from the start of his campaign: he’s proposing to cut taxes on middle-class working families.
It’s a risky strategy: pundits on the right will accuse him of “class warfare,” and the details of his plans will get obscured by negative political ads and lousy media coverage. But it’s the right approach: he’s actually talking about shifting the tax burden upward, about changing the national trend in tax policy, about giving the majority of the voters tax breaks and paying for it by making a few wealthy people pay more.
But if it’s going to work, he needs to be a lot clearer on exactly how the dollars pencil out — and he needs to offer more than what seems like a relatively modest tax cut. Right now, his plan calls for $788 million in tax reductions for families earning less than $100,000 a year and $5 billion in tax hikes for the wealthy. He’s also offering to find $1 billion in state waste.
For a family living on $46,000 a year, the program would amount to $660 a year in tax relief.
We understand that the tax cuts have to be lower than the tax hikes — the state is deeply in debt, and there are all sorts of badly needed social programs that ought to be funded. But in the end, his plan sounds pretty mild: there’s a lot more than $1 billion in waste, corporate tax loopholes, and uncollected revenue out there, and a California family earning $46,000 a year, facing the insane housing market and rapidly rising energy costs, could use a lot more than $50 a month in extra cash.
Let’s remember: the transfer of wealth from the middle class to the rich (and especially the very rich) that’s taken place in the past two decades is unprecedented in the postwar era and quite possibly unprecedented in American history. A few bucks here and there aren’t really going to make that much difference. If Angelides is serious, he should revise his plan to at least double the tax cuts for the middle class, hike the tax credits for low-income families — and pay for it by creating another tax bracket altogether, for Californians who earn more than $1 million a year.
But this is an excellent start — and Angelides deserves tremendous credit for opening a discussion that should have taken place years ago. SFBG

The flaws in the Josh Wolf case

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› sarah@sfbg.com
Last week the California State Assembly and Senate unanimously asked Congress to pass a federal shield law to protect journalists from being forced to disclose unpublished material and the identity of a source.
Part of the motivation for the new push for federal legislation is the recent spate of federal attempts to imprison journalists who won’t give up their confidential sources. The latest victim of that crackdown, Josh Wolf, is in federal confinement after refusing to give prosecutors outtakes from a video he shot of a demonstration at which a San Francisco police officer was injured and a taillight was broken on a cop car (see “The SFPD’s Punt,” 8/23/06).
And while Congress is reviewing the case for protecting journalists, the Guardian has taken a hard look at the case against Josh Wolf — and it’s looking more dubious every day.
For starters, the local cops and the federal prosecutors are trying to claim that Wolf isn’t really a reporter.
That’s what sources in the San Francisco Police Department and the US Attorney’s Office tell us, and it’s borne out by the way the feds are pressing their case in court. In legal briefs, the government never refers to Wolf as a journalist, only as a witness. One federal official, who spoke on the condition he not be identified, likened Wolf to a convenience store owner who has a security camera that catches criminal activity on tape.
There are all sorts of problems with this argument — the first being that the courts have never formally contested Wolf’s journalistic credentials. In fact, the local prosecutors admit in legal briefs that they contacted Washington to seek permission to subpoena Wolf — a process that’s required whenever journalists face this sort of legal action.
As Peter Scheer of the California First Amendment Coalition points out, “The Justice Department claims it complied with regulations that say you can’t subpoena a journalist for outtakes without getting a special order from the attorney general.”
Scheer also notes that under California law, even bloggers enjoy the reporter’s privilege, as recently established when Apple Computer unsuccessfully tried to obtain the identities of sources who allegedly leaked business secrets to bloggers.
Lucy Dalglish, executive director of the Virginia-based Reporters Committee for Freedom of the Press, says that a case for Wolf qualifying as a journalist could be made under both the House and Senate versions of the Free Flow of Information Act, simply because Wolf was paid for broadcasting his video of the protest.
“In the Senate version, you have to be involved in journalism for money, make some part of your livelihood from it, while the House version is even broader,” said Dalglish.
Watching the part of Wolf’s video that he’s made public, which is posted online at www.joshwolf.net and was aired without his consent by at least three major TV networks before he was eventually compensated, it’s easy to speculate that the SFPD would not have delighted in the picture it paints of local law enforcement.
The footage of the July 8, 2005, protest begins peacefully with protesters, many of them wearing black ski masks, carrying banners saying “Anarchist Action,” “War is the Symptom, Capitalism is the Disease,” and “Destroy the War Machine.” As night comes on, the mood sparkles, then darkens. Someone lights a firecracker, smoke rises, helmeted police arrive, newspaper boxes are turned over, a Pacific Gas and Electric Co. office is sprayed with paint, and suddenly a police officer is captured holding a protester in what appears to be a choking position, while someone shouts, “Police brutality! Your career is over, fajita boy!” and an officer warns, “Leave or you’re going to get blasted. I’m a fed, motherfucker.”
At the same demonstration, Officer Peter Shields was hit in the head while charging into a crowd of protesters — and nobody knows exactly who hit him. That’s not on the public part of Wolf’s video, and Wolf and his lawyers insist there is no footage of the attack. Wolf fears that the government may be looking for something else — perhaps some video of other protesters — and will ask him to identify them. He refused to turn over the outtakes.
Carlos Villarreal, executive director of the National Lawyers Guild, says District Court Judge William Alsup, who ordered Wolf to jail, “made a big deal that Josh did not have agreement with a confidential source, but his argument turns Josh’s video equipment into a de facto government surveillance camera.”
Noting that there is a lot of trust between Wolf and protesters at demonstrations — “People aren’t afraid to go up to the camera and say, ‘Did you check out the pig that’s kicking a guy down the street?’” — Villarreal claims that “independent journalists are harder to see and spot than their corporate counterparts.”
The second, perhaps equally troubling problem is that the Wolf case should never have gone to the federal level in the first place.
Alan Schlosser, legal director of the American Civil Liberties Union of Northern California, told us there are a lot of red flags in the Wolf case, “beginning with the question, ‘Is there a legitimate federal law enforcement issue here?’”
The federal agents from the Joint Terrorism Task Force (JTTF) and the FBI didn’t choose to investigate the case — the San Francisco cops requested assistance. That in itself was odd: why is an assault on an officer a federal affair?
Schlosser asks, “Were the feds called in because they aren’t bound by the state’s reporter’s shield law?”
In theory, the local cops say it’s a federal issue because a cop car was damaged — and the city gets money from the federal government for law enforcement. Schlosser said it’s disturbing that “the SFPD doesn’t have to show the federal funds went towards paying for the allegedly damaged car…. So that statute could be applied to any number of situations. It’s very troubling. It federalizes law enforcement around demonstrations.”
A highly placed source in the SFPD offered a somewhat alarming explanation: the feds were brought in, the source said, not because of shield law issues but because the cops figured the JTTF and the US Attorney’s Office would move faster and more aggressively than San Francisco district attorney Kamala Harris, who has not been on the best terms with the local police.
In other words, if this source is correct, the SFPD is choosing who will prosecute crimes — based on politics, not the law.
As of press time, all Harris’s office was saying was that “the DA strongly believes in the First Amendment and the rights of the press. She also believes in justice for members of the SFPD. An officer was gravely injured that evening, and those responsible need to be held accountable.”
Asked why the federal government was involved in the investigation, Luke Macaulay, a spokesperson for the US Attorney’s Office, said, “This is not an attempt to profile anarchists and dissidents. It’s an attempt to get to the bottom of a crime.”
Macaulay also referred us to federal filings with the US District Court, which conclude that “the issue could not be more straightforward…. The incident is under investigation so that the grand jury can determine what, if any, crimes were committed.”
As far as we can tell, there’s nothing in writing that lays out when a San Francisco cop is allowed to ask for federal intervention in a case. All the SFPD General Orders say is that department members requesting assistance from an outside agency have to obtain the permission of a deputy chief.
According to records from the Investigations Bureau General Work Detail, Inspector Lea Militello filed a request for assistance from the FBI and JTTF to investigate a “serious assault against an SF police officer.” It was approved by Captain Kevin Cashman and Timothy Hettrich, deputy chief of investigations.
As of press time, the SFPD had not returned our calls inquiring why the FBI and JTTF were involved in an assault case, which is usually the domain of the DA’s Office.
David Campos, a member of the San Francisco Police Commission, said he thinks the commission needs to look at the issue “to make sure investigations are federalized when it’s appropriate and not as a way of getting around California’s shield laws.”
Reached Aug. 23 by phone in the Dublin Federal Correctional Institute, where he’s been held since Aug. 1, Wolf suggested that the feds are after more than pictures. “The Un-American Affairs Committee [in the 1950s] called in one person and forced them to make a list of all the people they knew. It was like Communist MySpace. So, I anticipate that they want all my contacts within the civil dissent movement.”
Wolf said he offered to let the judge view his video, which he insists does not capture the arson or assault. “There should not be a federal investigation. I published my video. They can use that to do their investigation.” SFBG
With all briefs filed, a decision on the Josh Wolf case is expected by Sept. 4.

Here comes Miami Beach

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› gwschulz@sfbg.com
A pebbled, unmarked trail crunches underneath Peter Loeb’s soft leather shoes as he walks through the Rockaway Quarry in Pacifica, his dog following behind.
Until recently, the 87-acre plot was owned by a man named William F. Bottoms. But he never showed much interest in developing it, and locals have long used the network of trails for hiking. It’s one of the few remaining vacant lots of its size in Pacifica.
Bordering the west side of the property is a ridgeline — a small stone peak literally cut in half by what was once a noisy limestone mining operation — that separates the Pacific Ocean from flat seasonal marshlands that turn to rolling hills just past the highway, where the property stops.
Like the rest of the small coastal town, the former quarry is submerged much of the year in a thick, fast-moving fog. From the ground, it hardly seems like an ideal place in which to introduce luxury living.
“It’s the windiest spot in Pacifica,” Loeb says. “It’s the coldest, windiest spot in the whole city.”
But its close proximity to San Francisco has a headstrong Miami developer drooling.
R. Donahue Peebles bought the quarry last summer for what he says was $7.5 million, and although he hasn’t actually submitted a formal proposal to the town, he’s talking about building 350 exclusive hotel suites, 130 single-family homes, more than 200 town houses, live-work lofts and apartments, and an untold number of stores, such as the Gap and Trader Joe’s.
It’s an unusual battle for the normally quiet town. Tucked 10 miles south of San Francisco just off Highway 1, Pacifica is a largely middle-class bedroom community of about 37,000 people that’s so overwhelmingly residential, it’s hardly seen any commercial development larger than a shopping center with a Safeway.
Loeb served on Pacifica’s City Council for eight years in the 1980s and has lived in the same home near the quarry for three decades. He helped formulate the land use plan for the property, which was designated a redevelopment area in 1986. The plan calls for mixed-use residential and commercial spaces, preservation of the walk and bikeway system, and “high-quality design in both public and private developments including buildings, landscaping, signing and street lighting.”
Joined by a stay-at-home dad named Ken Restivo, Loeb is now organizing the opposition to Peebles — and it hasn’t been an easy task. Peebles has already poured several hundred thousand dollars into a campaign to overturn a 1983 city law that requires voter approval of a housing element in the redevelopment zone. This in a town where the typical council candidate spends less than $10,000 running for office.
Of course, as the opponents point out, it’s not clear exactly what Peebles wants to do. His plans are still tentative; he’s trying to get blanket approval for a massive development before he actually applies for a building permit.
The point of the 1983 law was to ensure that new development on the property would be mixed-use, mostly to offset the city’s high residential concentration and to increase the amount of money the city received in tax revenue.
“What he’s trying to do is privatize the certainty and socialize the risk,” Restivo said. “He wants to know whether he can build the houses before he even starts with a plan, and he wants to leave us trusting him to do whatever.”
Measure L on the November ballot would give Peebles the right to include as many as 355 housing units in any final plan. But even if the bill passes, Pacifica’s City Council would get to negotiate and vote on any final deal with Peebles.
Peebles isn’t the first developer to spend a small fortune attempting to overcome the required ballot vote to develop housing on the quarry, which could attract buyers from all over the millionaire-heavy Bay Area. A similarly well-funded effort failed just four years ago.
The difference is, Peebles likes to win — and has proven before that he knows how to do it.
When it comes to commercial and residential development, Peebles is a prodigy of sorts.
At just 23 years old, after one year at New Jersey’s Rutgers University, the ambitious young man forged a relationship with Washington, DC’s infamous former mayor Marion Barry.
The returns were handsome. Barry appointed Peebles to a city property assessment appeals board membership, a sleep-inducing government function that is nonetheless among the most powerful at the municipal level. Peebles also counts the legendary former congressman and now Oakland mayor–elect Ron Dellums as a mentor; a teenage Peebles worked for him as a legislative page.
“Ron was an interesting person,” Peebles said in a recent phone interview. “One of the things I learned was that you can have your own ideas. He was a very liberal member of Congress. He got to chair two committees even though he was an antiwar person [during Vietnam], because he respected the process.”
After a short tenure on the assessment board, Peebles was developing thousands of square feet of commercial space across the nation’s capital under the Peebles Atlantic Development Corporation, today known simply as the Peebles Corporation. Eventually, an attempt to lease a multimillion-dollar office building to the city inspired accusations of cronyism, according to a 2001 Miami New Times profile. Peebles left Washington and moved to Florida.
There he indulged in the truest spirit of American affluence, putting together enormous hotels and condominium complexes, working in partnership with public agencies. He earned a reputation for resorting to multimillion-dollar litigation when those relationships went bad.
Peebles is well aware that major developments naturally attract conflict. He says it took him a while to become thick-skinned as a controversial developer. In south Florida, however, he proved skilled at getting cranes into the air, completing a $230 million residential tower and a $140 million art deco hotel in Miami Beach during the first half of this decade.
And now he’s set his sights on the low-density, small-scale town of Pacifica.
“Pacifica is unique in many ways, but politically it’s not,” he told the Guardian. “If you look at any city, small or large, it always has people on both sides of the issue. There are people who like to say ‘no’ a lot. [In] most environments — if you look by and large across the country, DC for example — developers are generally not the most popular all the time. Pacifica is not different politically in that regard from other places.”
Press accounts depict Peebles as highly self-assured, even cocky. He once cited his favorite saying to the San Francisco Business Journal as “Sometimes you have to be prepared to stand on the mountain alone.” But he’s also charming and enthusiastic, something that Loeb admits has won Peebles the hearts of many Pacificans.
“The comments we get from people who have seen him speak is, ‘I was soooo charmed by him. I trust him,’” Loeb said. “On the basis of what?”
Restivo chimed in, “He’s a very charismatic speaker. He makes promises and gives voice to people’s fantasies and wishes.”
Pacifica isn’t technically the first place in California where Peebles has attempted to introduce his version of the East Coast’s taste for high-rise condos and hotels. In 1996 a bid to redevelop the old Williams Buildings at Third and Mission in San Francisco crumbled when the partnership he’d created with Oakland businessman Otho Green turned into a civil battle in San Francisco Superior Court. The two couldn’t agree on who would control the majority stake, and another bidder was eventually chosen by the San Francisco Redevelopment Agency. Peebles and Green later settled a $400,000 dispute over the project’s deposit, according to court records. Green, in fact, alleged in a complaint against the city that Willie Brown had him kicked out of the deal.
The 1996 fallout notwithstanding, Pacifica marks the first time Peebles has actually bought land on the West Coast for development.
And he’s using a proven political tactic to win over hearts and minds: fear.
The quarry is still zoned as commercial land, and if Measure L fails, Peebles reminds Pacificans, he could go to the city council with a proposal that strictly includes retail and office space.
In a letter he circulated to the city’s residents, he warned that the alternative to a plan that includes housing could just as easily be a Wal-Mart.
“Your ‘yes’ vote means we will have an opportunity to study and evaluate a better option for our community,” Peebles wrote in the letter. “A ‘no’ vote means we would be forced to file an application for a large scale commercial development such as a big box or a business/industrial complex.”
But a plan that exclusively contains commercial space doesn’t appear to be what Peebles really wants. Despite the fact that Pacifica is hardly the type of crony-driven city that he’s used to, he’s shown that he’s willing to pay what it takes to get his housing element.
In a six-month period, the political action committee that he formed to push through Measure L spent more than $163,000, according to campaign disclosure forms kept in Pacific’s tiny, half-century-old City Hall, which sits close to the ocean amid a neighborhood of clapboard beach houses.
Nearly $90,000 went to a Santa Barbara public relations firm called Davies Communications, whose clients range from schools and major oil producers to Harrah’s Entertainment and the Nashville-based privatization pioneer Hospital Corporation of America.
Two user profiles under the names “Jimmy” and “Susan” surfaced on a Google message board where the development has been discussed, and they link back to a Davies mail server in Santa Barbara. Jimmy and Susan claimed to be Pacifica residents in favor of Peebles’s plan. (A call to Sara Costin, a Davies project manager who’s been present at some of the community meetings, was not returned.)
Peebles spent $10,000 more on the influential Sacramento lobbying firm Nielsen, Merksamer, Parrinello, Mueller and Naylor, which specializes in passing ballot measures. Another $70,000 went to professional petition circulators who were needed to get the measure on a ballot.
Peebles isn’t the first one to bring big money to the city. Four years ago the publicly traded Texas developer Trammell Crow Company spent $290,000 just on election costs in an attempt to get a mixed-use development with housing past Pacifica voters, according to public records. The company’s plan for the quarry included 165,000 square feet of retail space, over 300 apartments and town houses, and a town center. The late 2002 ballot measure still lost by over 65 percent of the vote, despite the fact that the opposing political action committee, Pacificans for Sustainable Development, spent just $6,500.
An Environmental Impact Review released at the time suggested the wrong type of development could threaten the habitat of an endangered garter snake and a red-legged frog, both known to be living in the area. The lush Calara Creek, which runs the length of the property to the ocean, was also perceived to be in danger of pollution runoff without the proper setbacks. And traffic mitigation on Highway 1 has remained a top concern of the city’s residents.
Peebles insists he’s identified state money that can help with widening the highway and says he’d also donate land for a library and new city center. Beyond election costs, Peebles says he’s spent hundreds of thousands of dollars on experts who’ve helped him craft a better plan that promotes sustainability compared to what Trammel Crow had to offer.
“I’ve had an environmental consulting team and contractual consulting team for the last year analyzing this property, analyzing these issues that are necessary,” he said.
Affordability is another matter, however. Peebles has suggested to the business press that single-family home prices on the land could range from $3 million to $8 million.
A mixed-use development on the land could still bring millions of new tax dollars to a city that has struggled in the past to find money for emergency services and even basic public works projects.
Loeb and Restivo haven’t been without their own rhetoric in the debate. They started a Web site, www.pacificaquarry.org, which prophesies a nightmare traffic scenario on Highway 1 where it bottlenecks into two lanes through town. They add that estimates on potential tax revenue are unreliable without a definite plan.
But their group, Pacifica Today and Tomorrow, has hardly spent enough to even trigger disclosure requirements. And Pacifica remains a modest world, far removed from Miami’s glass-and-steel monoliths. Only a man with an ego equal to the size of his development dreams would try to so dramatically alter Pacifica’s topography. Peebles says he’s confident he’ll prevail in November.
Loeb and Restivo recognize that the area won’t stay empty forever, and they aren’t opposed to all development. Restivo told us he’d be more than happy to consider a commercial and residential project on the site — “but ideally it’d be much smaller.” SFBG

Yay Area five-oh

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› johnny@sfbg.com
“Before Vanishing: Syrian Short Cinema” A series devoted to films from Syria kicks off with a shorts program that includes work by Oussama Mohammed. (Sept. 7, PFA; see below)
The Mechanical Man The PFA’s vast and expansive series devoted to “The Mechanical Age” includes André Deed’s 1921 science fiction vision of a female crime leader and a robot run amok. The screening features live piano by Juliet Rosenberg. (Sept. 7, PFA)
“Cinemayaat, the Arab Film Festival” This year’s festival opens with the Lebanon-Sweden coproduction Zozo and also includes the US-Palestine documentary Occupation 101: Voices of the Silenced Majority, which looks at events before and after Israel’s 1948 occupation of Palestine.
Sept. 8–17. Various venues. (415) 863-1087, www.aff.org
“Global Lens” The traveling fest includes some highly lauded films, such as Stolen Life by Li Shaohong, one of the female directors within China’s Fifth Generation.
Sept. 8–Oct. 4. Various venues. (415) 221-8184, www.globalfilm.org
“MadCat Women’s International Film Festival” MadCat turns 10 this year, and its programming and venues are even more varied. Not to mention deep — literally. 3-D filmmaking by Zoe Beloff and Viewmaster magic courtesy of Greta Snider are just some of the treats in store.
Sept. 12–27. Various venues. (415) 436-9523, www.madcatfilmfestival.org
The Pirate The many forms and facets of piracy comprise another PFA fall series; this entry brings a swashbuckling Gene Kelly and Judy Garland as Manuela, directed by then-husband Vincente Minnelli. (Sept. 13, PFA)
“A Conversation with Ali Kazimi” and Shooting Indians Documentarian Kazimi discusses his work before a screening of his critical look at Edward S. Curtis’s photography. (Sept. 14, PFA)
“The Word and the Image: The Films of Peter Whitehead” The swinging ’60s hit the Yerba Buena Center for the Arts as curator Joel Shepard presents the first-ever US retrospective dedicated to the director of Tonight Let’s All Make Love in London. Includes proto–music videos made for Nico, Jimi Hendrix, and others. Smashing! (Sept. 14–28, YBCA; see below)
Edmond Stuart Gordon of Re-Aminator infamy makes a jump from horror into drama — not so surprising, since he’s a friend of David Mamet. Willam H. Macy adds another sad sack to his résumé. (Sept. 15–21, Roxie; see below)
Anxious Animation Other Cinema hosts a celebration for the release of a DVD devoted to local animators Lewis Klahr, Janie Geiser, and others. Expect some work inspired by hellfire prognosticator Jack Chick!
Sept. 16. Other Cinema, 992 Valencia, SF. (415) 824-3890, www.othercinema.com
Kingdom of the Spiders Eight-legged freaks versus two-legged freak William Shatner. I will say no more.
Sept. 17. Dark Room, 2263 Mission, SF. (415) 401-7987, www.darkroomsf.com
Landscape Suicide No other living director looks at the American landscape with the direct intent of James Benning; here, he examines two murder cases. (Sept. 19, PFA)
La Promesse and Je Pense à Vous Tracking the brutal coming-of-age of scooter-riding Jérémie Renier, 1997’s La Promesse made the name of Jean-Pierre and Luc Dardenne, but Je Pense is a rarely screened earlier work. (Sept. 22, PFA)
Muddy Waters Can’t Be Satisfied Billed as the first authoritative doc about the man who invented electric blues, this plays with Always for Pleasure, a look at New Orleans by the one and only Les Blank. (Sept. 22–26, Roxie)
Rosetta and Falsch The Dardenne brothers’ Rosetta made a splash at Cannes in 1999; Falsch is their surprisingly experimental and nonnaturalistic 1987 debut feature. (Sept. 23, PFA)
loudQUIETloud: A Film About the Pixies A reunion tour movie. (Sept. 29–Oct. 5, Roxie)
American Blackout Ian Inaba’s doc about voter fraud made waves and gathered praise at this year’s San Francisco International Film Festival; it gets screened at various houses, followed by a Tosca after-party, in this SF360 citywide event.
Sept. 30. Tosca Café, 242 Columbus, SF. (415) 561-5000, www.sffs.org
Them! “Film in the Fog” turns five, as the SF Film Society unleashes giant mutant ants in the Presidio.
Sept. 30. Main Post Theatre, 99 Moraga, SF. (415) 561-5500, www.sffs.org
“Zombie-Rama” Before Bob Clark made Black Christmas, Porky’s, and A Christmas Story, he made Children Shouldn’t Play with Dead Things. The ending is as scary as the title is funny.
Oct. 5. Parkway Speakeasy Theater, 1834 Park, Oakl. (510) 814-2400, www.thrillville.net
“Swinging Scandinavia: How Nordic Sex Cinema Conquered the World” Jack Stevenson presents a “Totally Uncensored” clip show about the scandalous impact of Scandinavian cinema on uptight US mores and also screens some rare cousins of I Am Curious (Yellow). (Oct. 5 and 7, YBCA)
“Mill Valley Film Festival” Why go to Toronto when many of the fall’s biggest Hollywood and international releases come to Mill Valley? The festival turns 29 this year.
Oct. 5–15, 2006. Various venues. (415) 383-5256, www.mvff.org
“Fighting the Walking Dead” Jesse Ficks brings They Live to the Castro Theatre. Thank you, Jesse. (Oct. 6, Castro; see below)
Phantom of the Paradise Forget the buildup for director Brian de Palma’s Black Dahlia and get ready for a Paul Williams weekend. This is screening while Williams is performing at the Plush Room.
Oct. 6. Clay Theatre, 2261 Fillmore, SF. (415) 346-1124, www.thelatenightpictureshow.com
Calvaire Belgium makes horror movies too. This one is billed as a cross between The Texas Chainsaw Massacre and Deliverance — a crossbreeding combo that’s popular these days. (Oct. 6–12, Roxie)
Black Girl Tragic and so sharp-eyed that its images can cut you, Ousmane Sembene’s 1966 film is the masterpiece the white caps of the French new wave never thought to make. It kicks off a series devoted to the director. (Oct. 7, PFA)
“Animal Charm’s Golden Digest and Brian Boyce” Boyce is the genius behind America’s Biggest Dick, starring Dick Cheney as Scarface. Animal Charm have made some of the funniest movies I’ve ever seen.
Oct. 7. Other Cinema, 992 Valencia, SF. (415) 824-3890, www.othercinema.com
Madame X, an Absolute Ruler Feminist director Ulrike Ottinger envisions a Madame X much different from Lana Turner’s — hers is a pirate. (Oct. 11, PFA)
“The Horrifying 1980s … in 3-D” Molly Ringwald (in Spacehunter), a killer shark (in Jaws 3-D), and Jason (in Friday the 13th Part 3: 3-D) vie for dominance in this “Midnites for Maniacs” three-dimensional triple bill. (Oct. 13, Castro)
“Dual System 3-D Series” This program leans toward creature features, from Creature from the Black Lagoon to the ape astronaut of Robot Monster to Cat-Women on the Moon. (Oct. 14–19, Castro)
“Early Baillie and the Canyon CinemaNews Years” This program calls attention to great looks at this city by Baillie (whom Apichatpong Weerasethakul cites as a major influence) and also highlights the importance of Canyon Cinema. (Oct. 15, YBCA)
“War and Video Games” NY-based film critic Ed Halter presents a lecture based on From Sun Tzu to Xbox: War and Video Games, his new book. (Oct. 17, PFA)
Santo Domingo Blues The Red Vic premieres a doc about bachata and the form’s “supreme king of bitterness,” Luis Vargas.
Oct. 18–19. Red Vic, 1727 Haight, SF. (415) 668-3994, www.redvicmoviehouse.com
“Monster-Rama” The Devil-ettes, live and in person, and Werewolf vs. the Vampire Women, on the screen, thanks to Will “the Thrill” Viharo.
Oct. 19. Parkway Speakeasy Theater, 1834 Park, Oakl. (510) 814-2400, www.thrillville.net
“Spinning Up, Slowing Down”: Industry Celebrates the Machine” Local film archivist Rick Prelinger presents six short films that epitomize the United States’ machine mania, including one in which mechanical puppets demonstrate free enterprise. (Oct. 19, PFA)
The Last Movie Hmmm, part two: OK, let’s see here, Dennis Hopper’s 1971 film gets a screening after he personally strikes a new print … (Oct. 20–21, YBCA)
What Is It? and “The Very First Crispin Glover Film Festival in the World” … and on the same weekend, Hopper’s River’s Edge costar Glover gets a freak hero’s welcome at the Castro. Sounds like they might cross paths. (Oct. 20–22, Castro)
I Like Killing Flies And I completely fucking love Matt Mahurin’s documentary about the Greenwich Village restaurant Shopsin’s, possibly the most characterful, funny, and poignant documentary I’ve seen in the last few years. (Oct. 20–26, Roxie)
“Miranda July Live” Want to be part of the process that will produce Miranda July’s next film? If so, you can collaborate with her in this multimedia presentation about love, obsession, and heartbreak.
Oct. 23–24. Project Artaud Theater, 450 Florida, SF. (415) 552-1990, www.sfcinematheque.org)
The Case of the Grinning Cat This 2004 film by Chris Marker receives a Bay Area premiere, screening with Junkopia, his 1981 look at a public art project in Emeryville. (Oct. 27, PFA)
The Monster Squad The folks (including Peaches Christ) behind the Late Night Picture Show say that this 1987 flick is the most underrated monster movie ever.
Oct. 27–28. Clay Theatre, 2261 Fillmore, SF. (415) 346-1124, www.thelatenightpictureshow.com
Neighborhood Watch Résumés don’t get any better than Graeme Whifler’s — after all, he helped write the screenplay to Dr. Giggles. His rancid directorial debut brings the grindhouse gag factor to the Pacific Film Archive. (Oct. 29, PFA)
“Grindhouse Double Feature” See The Beyond with an audience of Lucio Fulci maniacs. (Oct. 30, Castro)
“Hara Kazuo” Joel Shepard programs a series devoted to Kazuo, including his 1969 film tracing the protest efforts of Okuzaki Kenzó, who slung marbles at Emperor Hirohito. (November, YBCA)
“International Latino Film Festival” This growing fest reaches a decade and counting — expect some celebrations.
Nov. 3–19. Various venues. (415) 454-4039, www.utf8ofilmfestival.org
Vegas in Space Midnight Mass makes a rare fall appearance as Peaches Christ brings back Philip Ford’s 1991 local drag science fiction gem.
Nov. 11. Clay Theatre, 2261 Fillmore, SF. (415) 346-1124, www.thelatenightpictureshow.com
“As the Great Earth Rolls On: A Frank O’Hara Birthday Tribute” The birthday of the man who wrote “The Day Lady Died” is celebrated. Includes The Last Clean Shirt, O’Hara’s great collaboration with Alfred Leslie.
Nov. 17. California College of the Arts, 1111 Eighth St., SF. (415) 552-1990, www.sfcinematheque.org
Sites and Silences A shout-out to A.C. Thompson for his work with Trevor Paglen on the well-titled Torture Taxi, which helped generate this multimedia presentation by Paglen. (Nov. 19, YBCA)
“Kihachiro Kawamoto” One of cinema’s ultimate puppet masters receives a retrospective. (December, YBCA)
“Silent Songs: Three Films by Nathaniel Dorsky” The SF-based poet of silent film (and essayist behind the excellent book Devotional Cinema) screens a trio of new works. (Dec. 10, YBCA)
CASTRO THEATRE
429 Castro, SF
(415) 621-6120
www.castrotheatre.com
PFA THEATER
2575 Bancroft, Berk.
(510) 642-5249
www.bampfa.berkeley.edu
ROXIE FILM CENTER
3317 16th St., SF
(415) 863-1087
www.roxie.com
YERBA BUENA CENTER FOR THE ARTS (YBCA)
Screening room, 701 Mission, SF
(415) 978-2787
www.ybca.org\ SFBG

This ain’t no Artforum

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KIMBERLY CHUN 1. “Binh Danh” Questions of history, identity, and collective and individual memory are probed via the Stanford MFA graduate’s spectral “chlorophyll prints,” created through a process he invented in which found photos are reproduced on the surface of fragile leaves. Sept. 7–Oct. 14. Haines Gallery, 49 Geary, SF. (415) 397-8114, www.hainesgallery.com 2. “Counter Culture” Several generations of hipsters, freaks, and freethinkers have been documented by Bay Area photographer Larry Keenan, who snapped Brian Jones, Allen Ginsberg, Bob Dylan, and countless beautiful people back in the day. The onetime Concord High School art teacher’s work appeared in the Whitney’s “Beat Culture and the New America: 1950–1965.” Sept. 6–30. Micaela Gallery, 333 Hayes, SF. (415) 551-8118, www.micaela.com 3. “Howard Finster: Image + Words = God” The late REM album art poster boy and ironclad, gilded-winged folk art visionary made more than 46,000 images limned with text during his lifetime — quite a feat, since he began to paint “sacred art” in 1976 under orders of an angelic vision. Expect works on loan from the collection of local artist and Finster friend Eleanor Dickinson. Nov. 11, 2006–May 13, 2007. California Palace of the Legion of Honor, Lincoln Park (near 34th Ave. and Clement), SF. (415) 863-3330, www.thinker.org 4. “Home Ec: New Work by Sarah Applebaum, Elide Endreson, Sherry Koyama, Christina La Sala, Julia Petho, and Allen Stickel” What qualifies as women’s work when the faces of celebrity fry cooks tend toward the studly and knitting has acquired a cool cachet? Local artists such as California College of the Arts faculty member La Sala and the Lab staffer Koyama explore the seismic shifts in home economics. Sept. 8–28. Michelle O’Connor Gallery, 2111 Mission, SF. (415) 990-7148 5. “Packard Jennings: Lottery Ticket” Those forever dreaming about what they’d do if they won the lottery will get an unexpected bonus when they lay their money down at select stores in four SF districts: a faux scratcher created by Jennings, hiding an unusual local treasure in the community. Nov. 1, 2006–Jan. 31, 2007. Southern Exposure, 2901 Mission, SF. (415) 863-2141, www.soex.org 6. “Charles Linder: Crazy Horse” Horses — broken, thieved, and gimped out — are the leitmotif when the SF artist transforms a target-practice 1965 Mustang into a gallery thoroughbred … of sorts. Sept. 8–Oct. 14. Gallery 16, 501 Third St., SF. (415) 626-7495, www.gallery16.com 7. “Particulate Matter” For the Mills College Art Museum’s new wing, Guardian critic Glen Helfand curates a debut exhibit composed of many parts and informed by political consciousness. LA artist Karl Haendel, known for dramatic installations of drawings culled from media images, makes his Bay Area debut, as does German photographer Florian Maier-Aichen, who exhibits digitally enhanced and tension-wracked landscapes. Sept. 9–Dec. 10. 5000 MacArthur, Oakl. (510) 430-2164, www.mills.edu/campus_life/art_museum 8. “Perfectly Good; Friendly Fire” No dumping on artists-in-residence Noah Wilson and Kim Weller. The former photographs rediscovered found objects; the latter dreams up a 3-D installation of life-size Archie Comics icons for this teenage — and industrial — wasteland. Sept. 22–23. SF Recycling and Disposal, 503 Tunnel, SF. (415) 330-1415, www.sfrecycling.com/AIR 9. “Donald Urquhart: No Axe to Grind” Camp icons like Dors, Dusty, and Davis, refigured as “Aubrey Beardsley doodles through high school algebra” scrawls, are part of the London artist’s past as a King’s Cross club owner. Sept. 9–30. Jack Hanley Gallery, 395 Valencia, SF. (415) 522-1623, www.jackhanley.com 10. “We All Live Paper Nest: The Paper Nest Project” Paper hoarders celebrate the messes they call nests, those baby blankets of ephemera that they turn to for security, inspiration, and creativity. Curators Tan Khanh Cao and D. Scott Miller make a seven-foot-diameter paper nest shot through with meaning, while writers and musicians such as Kwan Booth of Black Futurist Movement and Walter Kitundu perform at the Sept. 16 reception. Sept. 15–17. Luggage Store Annex, 509 Ellis, SF. www.luggagestoregallery.org. SFBG

Art

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1. “Prophets of Deceit” As assorted “powers” turn the fear factor up ever higher, you don’t need to be Mel Gibson (phew) to see that an exhibition looking at apocalyptic cults — especially governmentally sanctioned ones — is a timely idea. San Francisco end-times expert Craig Baldwin and others take on messianic ideologies.
Sept. 12–Nov. 11. CCA Wattis Institute for Contemporary Arts, Logan Galleries, 1111 Eighth St., SF. 1-800-447-1278, www.wattis.org/exhibitions/2006/prophets
2. “Wallace Berman” and “Semina Culture: Wallace Berman and His Circle” A spring event at SF Art Institute whet my appetite for these shows, which gather the projects of artist, filmmaker, and publisher Berman, an undersung figure whose influence has laced the cosmic wonder of many neofolkies, whether or not they know it.
“Wallace Berman”: Sept. 6–Oct. 28. 871 Fine Arts, 49 Geary, suite 235, SF. (415) 543-5155. “Semina Culture: Wallace Berman and His Circle”: Oct. 18–Dec. 10. Berkeley Art Museum Galleries, 2626 Bancroft, Berk. (510) 642-0808, www.bampfa.berkeley.edu
3. “Neopopular Demand: Recent Works by Fahamu Pecou” Fahamu Pecou is the shit. Peep his Web site and you will agree.
Sept. 20–Oct. 24. Michael Martin Galleries, 101 Townsend, suite 207, SF. (415) 541-1530, www.fahamupecouart.com
4. “Sensacional! Mexican Street Graphics” Taking pages from Juan Carlos Mena and O Reyes’s book of the same name, the Yerba Buena Center hosts a show devoted to comic book, flyer, poster, and street imagery; a music video sideshow promises work by Assume Vivid Astro Focus, which can be like acid (without brain-frying side effects).
Nov. 18, 2006–March 4, 2007. Yerba Buena Center for the Arts, 701 Mission, SF. (415) 978-2787, www.ybca.org
5. “New Work: Phil Collins” They are music videos, but they aren’t made by the man behind “Sussudio.” Turner Prize finalist Collins taps into the spirit of Morrissey rather than Peter Gabriel’s follically challenged replacement. His video installation dünya dinlemiyor (the world won’t listen) features kids in Istanbul performing karaoke versions of songs from a certain 1987 Smiths compilation.
Sept. 16, 2006–Jan. 21, 2007. San Francisco Museum of Modern Art, 151 Third St., SF. (415) 357-4000, www.sfmoma.org
6. “Visionary Output: Work by Creative Growth Artists” Recent Guardian Local Artist William Scott is one of a dozen people featured in this show devoted to the great, Oakland-based Creative Growth.
Sept. 7–Oct. 14. Rena Bransten Gallery, 77 Geary, SF. (415) 982-3292, www.renabranstengallery.com
7. “How to Build a Universe That Doesn’t Fall Apart Two Days Later” California has long been a front line and dropping-off point for visionaries, a place where people have brought new ideas about community to life (and sometimes to death). Taking its name from an essay by Philip K. Dick, this 12-person show scopes the state’s future and the state of the future, mixing work by local artists with real-life attempts at space colonizing and urban agriculture.
Nov. 28, 2006–Feb. 24, 2007. CCA Wattis Institute for Contemporary Arts, 1111 Eighth St., SF. 1-800-447-1278, www.wattis.org/exhibitions/2006/universe
8. “Making Sense of Sound” Another wave of sound installations continues to overtake museums and galleries, and the Exploratorium is an ideal site for sonic exploration; this exhibition, featuring 40 new interactive exhibits, promises to be a must-see, I mean must-hear. It’ll all kick off with the arrival and ringing of a cast-iron bell driven cross-country by composer Brenda Hutchinson.
Oct. 21, 2006–Dec. 31, 2007. Exploratorium, 3601 Lyon, SF. (415) EXP-LORE, www.exploratorium.edu
9. “Kala Fellowship Exhibition, Part II” Kala’s first installment included strong work by Liz Hickok and others. The second installment features Miriam Dym, Gary Nakamoto, Sasha Petrenko, and Tracey Snelling.
Sept. 7–Oct. 14. Kala Art Institute Galley, 1060 Heinz, Berk. (510) 549-2977, www.kala.org
10. “Ghosts in the Machine” The new SF Camerawork space — directly above the Cartoon Art Museum — will open with this group show of eight international artists that relates haunting to cultural estrangement. Dinh Q. Lê’s “grass mats” constructed with stills from films such as The Deer Hunter and Apocalypse Now are one example.
Oct. 5–Nov. 18. 657 Mission, SF. (415) 863-1001, www.sfcamerawork.org SFBG

BAY AREA FALL FAIRS AND FESTIVALS

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SEPT. 2–4
Art and Soul Oakland Frank Ogawa Plaza and City Center, 14th St and Clay, Oakl; (510) 444-CITY, www.artandsouloakland.com. 11am-6pm. $5. The sixth incarnation of this annual downtown Oakland festival includes dance performances, lots of art to view and purchase, an expanded “Family Fun Zone,” and a notably eclectic musical lineup. Big-name musical performers include New Found Glory, Rickie Lee Jones, Calexico, and the Silversun Pickups.
Sausalito Art Festival Army Corps of Engineers-Bay Model Visitor Center and Marinship Park, Sausalito; (415) 331-3757, www.sausalitoartfestival.org. Call or check Web site for time. $5-20. The Sausalito waterfront will play host to hundreds of artists’ exhibits, as well as family entertainment and top-notch live music from the likes of Ramblin’ Jack Elliott, Dick Dale, and the Lovemakers.

SEPT. 2–24
Free Shakespeare in the Park Parade ground in the Presidio, SF; (415) 558-0888, www.sfshakes.org. Sat, 7:30pm; Sun and Labor Day, 2:30pm. Free. Shakespeare’s The Tempest gets a brilliant rendition under the direction of Kenneth Kelleher on the outdoor stage: families fostering budding lit and theater geeks should take note.

SEPT. 4
Cowgirlpalooza El Rio, 3158 Mission, SF; (415) 282-3325, www.elriosf.com. 4pm. $10. This sure-to-be-twangy evening on el Rio’s patio features music by the most compellingly country-fried female musicians around, including Austin’s the Mother Truckers, 77 el Deora, and Four Year Bender.

SEPT. 9
Brews on the Bay Jeremiah O’Brien, Pier 45, SF; www.sfbrewersguild.org. 12-4:30pm. $8-40. Beer tasting, live music, and food abound at the San Francisco Brewers Guild’s annual on-deck showcase.
911 Power to the Peaceful Festival Speedway Meadows, Golden Gate Park, SF; (415) 865-2170, www.powertothepeaceful.org. 11am-5pm. Free. This event calling for international human rights and an end to bombing features art and cultural exhibits, as well as performances by Michael Franti and Blackalicious.

SEPT. 9–10
Chocolate Festival Ghirardelli Square, 900 N Point, SF; www.ghirardellisq.com. 12-5pm. Free. An indisputably fun weekend at the square includes chocolate goodness from over 30 restaurant and bakery booths, various activities for kids and families, and a “hands free” Earthquake Sundae Eating Contest.
San Francisco Zinefest CELLspace, 2050 Bryant, SF; (415) 750-0991, www.sfzinefest.com. 10am-5pm. Free. Appreciate the continuing vitality of the do-it-yourself approach at this two-day event featuring workshops and more than 40 exhibitors.

SEPT. 10
Solano Avenue Stroll Solano between San Pablo and the Alameda, Berkeley and Albany; (510) 527-5358, www.solanoave.org. 10am-6pm. Free. This long-running East Bay block party features a clown-themed parade, art cars, dunk tanks, and assorted artsy offerings of family fun, along with the requisite delicious food and musical entertainment.

SEPT. 16–17
Mill Valley Fall Arts Festival Old Mill Park, Mill Valley; (415) 381-8090, www.mvfaf.org. Sat, 10am-6pm; Sun, 10am-5pm. $7. Dig this juried show featuring original fine art including jewelry, woodwork, painting, ceramics, and clothing.

SEPT. 17
Arab Cultural Festival County Fair Building, 9th Ave and Lincoln, Golden Gate Park, SF; www.arabculturalcenter.org. 10am-7pm. $2-5. Lissa Faker (Do you still remember?) is the theme for this year’s Arab Cultural Festival, featuring a bazaar with jewelry, henna, and Arab cuisine, as well as assorted folk and contemporary musical performances.

SEPT. 23–24
Autumn Moon Festival Grant between California and Broadway and Pacific between Stockton and Kearney, SF; (415) 982-6306, www.moonfestival.org. 11am-6pm. Free. At one of Chinatown’s biggest annual gatherings, you can see an acrobatic troupe, martial artists, street vendors, and of course, lots of moon cakes. I like the pineapple the best.

SEPT. 24
Folsom Street Fair Folsom between Seventh St and 12th St, SF; www.folsomstreetfair.com. 11am-6pm. Free. The world’s largest leather gathering, coinciding with Leather Pride Week, features a new Leather Women’s Area along with the myriad fetish and rubber booths. Musical performers include My Life with the Thrill Kill Kult, the Presets, and Blowoff, Bob Mould’s new collaboration with Richard Morel.

SEPT. 29–OCT. 1
A Taste of Greece Annunciation Cathedral, 245 Valencia, SF; (415) 864-8000, www.sfgreekfoodfestival.org. Call or check Web site for time. $5. Annunciation Cathedral’s annual fundraising event is an all-out food festival where you can steep yourself in Greek dishes, wine tasting, and the sounds of Greek Compania.

OCT. 3
Shuck and Swallow Oyster Challenge Ghirardelli Square, West Plaza, 900 North Point, SF; (415) 929-1730. 5pm. Free to watch, $25 per pair to enter. How many oysters can two people scarf down in 10 minutes? Find out as pairs compete at this most joyous of spectacles, and head to the oyster and wine pairing afterward at McCormick and Kuleto’s Seafood Restaurant, also in Ghirardelli Square.

OCT. 5–9
Fleet Week Various locations, SF; (650) 599-5057, www.fleetweek.us. Cries of “It’s a plane!” and “Now there’s a boat!” shall abound at San Francisco’s impressive annual fleet gathering. Along with ship visits, there’ll be a big air show from the Blue Angels and the F-16 Falcon Demonstration Team.

OCT. 5–15
Mill Valley Film Festival CinéArts at Sequoia, 25 Throckmorton, Mill Valley; 142 Throckmorton Theatre, 142 Throckmorton Ave, Mill Valley; Christopher B. Smith Rafael Film Center, 1118 Fourth St, San Rafael; (925) 866-9559, www.mvff.com. Call or check Web site for times and prices. Documentaries and features of both the independent and international persuasion get screentime at this festival, the goal of which is insight into the various cultures of filmmaking.

OCT. 6–14
Litquake Various locations, SF; www.litquake.org. San Francisco’s annual literary maelstrom naturally features Q&As and readings from a gazillion local authors, but also puts on display a staged reading of an Andrew Sean Greer story, music from Jay Farrar and Ray Manzarek, and a storytelling session with Sean Wilsey and his mother, Pat Montandon.

OCT. 12–15
Oktoberfest by the Bay Fort Mason Center, Marina at Laguna, SF; www.oktoberfestbythebay.com. Check Web site for times. $5-15. One of the few places your lederhosen won’t look silly is the biggest Oktoberfest left of Berlin, where the Chico Bavarian Band will accompany German food and a whole lotta beer.

OCT. 28–29
Wonders of Cannabis Festival County Fair Building, 9th Ave and Lincoln, Golden Gate Park, SF; (510) 486-8083, www.cannabisactionnetwork.org. 11am-7pm. $20. Ed Rosenthal, cannabis advocate extraordinaire, presents contests in comedy and joint rolling, cooking demonstrations, two musical stages, and some heavy-duty speakers: Terrence Hallinan, Ross Mirkarimi, Tommy Chong, and interestingly, Rick Steves of the eponymous PBS travel show. SFBG

Eureka! There’s more Eurekaism!

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What happens to the news when the conglomerati corner the Bay Area newspaper market

By Bruce B. Brugmann (B3)

As you will remember from my last blog, I unveiled the term Eurekaism to replace the term Afghanistanism for the bad habit of many daily papers to cover stories in Eureka, but not the local big scandal or embarrassing stories in their hometowns.

Well, as I was pedaling away this morning on my cardio machine at the World Gym,
I turned as usual in the Hearst-owned Chronicle to find the day’s real Eureka style news: the second page of the business section under the Daily Digest section. Today, surprise, surprise, the Eureka story was below the fold with a nicely disguised head that read: “State won’t challenge newspaper sale.”

Eureka! There was a rummy little five paragraph story that announced a major new development in the major running story of the emerging new regional media megaconglomerate (Hearst/MediaNews Group/Singleton/Gannett/Stephens/McClatchy). The development: Atty. Gen. Bill Lockyer announced that his office will not take antitrust action over the McClatchy sale of the San Jose Mercury-News and Contra Costa Times to Singleton, but that he would investigate a three-way transaction between the companies and Hearst. The story quoted Lockyer as saying without blushing in his standard line to remove-all-pebbles-from-any-impending consolidation: “It does not appear that these transactions will result in a substantial reduction in competition,” though most everyone in the Bay Area knows otherwise. It is a major story that ought to be regularly covered on the front pages of all the papers, with context, perspective, outside expert opinion, mainstreet commentary, and some tough questions of Lockyer. But the megaconglomerate is either censoring, trivializing or burying the story with axe and shovel.

For example, the Chronicle story was not a Chronicle story, but a Reuters wire service story datelined New York (we pulled down the Reuters story from the Reuters website.) The difference between the Reuters and Chronicle stories was telling: Reuters had a better head, “California Oks McClatchy-MediaNews paper sale,” while the Chronicle left out the local Hearst angle. The Chronicle also cut out five key paragraphs from the Reuters story, notably three that made some embarrassing points:

“The move would result in MediaNews owning most of the largest dailies in the area, including the Oakland Tribune. Hearst owns the San Francisco Chronicle.

“San Francisco-based real estate investor Clint Reilly had filed an injunction to halt McClatchy’s sale of San Jose Mercury News, Contra Costa Times and Monterey Herald.

“He argued the sale would put all three California in a partnership controlled by MediaNews and including Gannett Co. Inc. and privately held Stephens Media Group, therefore reducing competition and harm (sic) advertisers and readers…”

Meanwhile, on the Contra Costa Times, George Avalos wrote a misleading three paragraph story that the “state decision clears away the final regulatory impediment to the MediaNews purchase of the Bay Area papers.” No mention of the continuing Hearst/Singleton investigation nor the
Reilly suit.

Down at the Mercury-News, an unbylined story buried the AG’s statement in the last two paragraphs of a five paragraph story trumpeting the new four man team that will run the nation’s “4th biggest newspaper chain.” No mention of the Reilly suit nor the continuing Hearst investigation.

And what happens on a paper not owned by any of the conglomerati? The headline on the East Bay Business Times got it right: “Attorney General continues to look at Hearst deal.”

I repeat: show me a paper owned by any of the Hearst/MediaNews/Singleton/Gannett/Stephens/McClatchy papers that is really covering the story. Alas, the links below indicate the pattern of how badly they are covering the story. (At the time of this writing, we couldn’t find the Hearst story on the Chronicle website.)

Coming next: Let’s play Eureka!! B3

Contra Costa Times

Mercury News

Reuters

No Pasaran!

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MEXICO CITY, Aug. 24th — The Congress of the country is ringed by two-meter tall grilled metal barriers soldered together, apparently to thwart a suicide car-bomb attack. Behind this metal wall, 3000 vizored, kevlar-wearing robocops — the Federal Preventative Police (PFP, a police force drawn from the army) — and members of the elite Estado Mayor or presidential military command, form a second line of defense. Armed with tear gas launchers, water cannons, and reportedly light tanks, this Praetorian Guard has been assigned to protect law and order and the institutions of the republic against left-wing mobs that threaten to storm the Legislative Palace – or so the president informs his fellow citizens in repeated messages transmitted on national television.
No, the president’s name is not Pinochet and this military tableau is not being mounted in the usual banana republic or some African satrap. This is Mexico, a paragon of democracy (dixit George Bush), Washington’s third trading partner, and the eighth leading petroleum producer on the planet, seven weeks after the fraud-marred July 2nd presidential election of which, at this writing, no winner has been officially declared. One of the elite military units assigned to seal off congress is indeed titled the July 2nd brigade.

“MEXICO ON A KNIFEBLADE” headlines the British Guardian. The typically short-term-memory-loss U.S. print media seems to have forgotten about the imbroglio just south of its borders. Nonetheless, the phone rings and it’s New York telling me they just got a call from their man on the border and Homeland Security is beefing up its forces around Laredo in anticipation of upheaval further south. The phone rings again and it’s California telling me they just heard on Air America that U.S. Navy patrols were being dispatched to safeguard Mexican oil platforms in the Gulf. The left-wing daily La Jornada runs a citizen-snapped photo of army convoys arriving carrying soldiers disguised as farmers and young toughs. Rumors race through the seven mile-long encampment installed by supporters of leftist presidential challenger Andres Manuel Lopez Obrador (AMLO) three weeks ago, who have tied up big city traffic and enraged the motorist class here, that PFP robocops will attack before dawn. The campers stay up all night huddled around bum fires prepared to defend their tent cities.

The moment reminds many Mexicans of the tense weeks in September and October 1968 when, 12 days before the Olympic Games were to be inaugurated here, President Gustavo Diaz Ordaz ordered the military to massacre striking students in a downtown plaza not far from where AMLO’s people are now camped out. Some 300 were killed in the Plaza of Three Cultures, their bodies incinerated at Military Camp #1 in western Mexico City. The Tlatelolco massacre was a watershed in social conflict here and the similarities are sinister– in fact, Lopez Obrador has taken to comparing outgoing President Vicente Fox with Diaz Ordaz.

Fox will go to congress September 1st to deliver his final State of the Union address; the new legislature will be convened the same day. The country may or may not have a new president by that day. In anticipation of this show-down, on August 14th, newly-elected senators and deputies from the three parties that comprise AMLO’s Coalition for the Good of All attempted to encamp on the sidewalk in front of the legislative palace only to be rousted and clobbered bloody by the President’s robocops.

With 160 representatives, the Coalition forms just a quarter of the 628 members of the new congress, but its members will be a loud minority during Fox’s “Informe.” Since the 1988 presidenciales were stolen from Cuauhtemoc Cardenas, founder of AMLO’s Party of the Democratic Revolution, PRD legislators have routinely interrupted the president during this authoritarian ritual in orchestrated outbursts that have sometimes degenerated into partisan fisticuffs.

The first to challenge the Imperial Presidency was Porfirio Munoz Ledo, a hoary political warhorse, who in 1988 thrust a finger at President Miguel De la Madrid, accusing him of overseeing the theft of the election from Cardenas. Munoz Ledo’s J’Acuse stunned the political class; he was slugged and pummeled by members of De la Madrid’s long-ruling PRI when he tried to escape the chamber. Munoz Ledo now stands at AMLO’s side.

But perhaps the most comical moment in the annals of acting out during the Informe came in 1996 when a brash PRI deputy donned a Babe the Valiant Pig mask and positioned himself directly under the podium from which President Ernesto Zedillo was addressing the state of the nation and wiggled insouciant signs with slogans that said things like ‘EAT THE RICH!” Like Munoz Ledo, Marco Rascon was physically attacked, his mask ripped off like he was a losing wrestler by a corrupt railroad union official — who in turn was hammer locked by a pseudo-leftist senator, Irma “La Tigresa” Serrano, a one-time ranchero singers and, in fact, the former mistress of Gustavo Diaz Ordaz.

This September 1st, if martial law is not declared and the new Congress dissolved before it is even installed, the PRD delegation — which will no doubt be strip-searched by the Estado Mayor for incriminating banners — is sworn to create a monumental ruckus, shredding the tarnished decorum of this once-solemn event forever to protest Fox’s endorsement of electoral larceny. Some solons say they may go naked.

But no matter what kind of uproar develops, one can be secure that it will not be shown on national television, as the cameras of Mexico’s two-headed television monstrosity Televisa and TV Azteca will stay trained on the President as he tries to mouth the stereotypical cliches that is always the stuff and fluff of this otherwise stultifying seance. The images of the chaos on the floor of congress will not be passed along to the Great Unwashed.

NO PASARAN!

There is a reptilian feel to Mexico seven weeks after a discredited Federal Electoral Institute (IFE) cemented Lopez Obrador into a second place coffin by awarding the presidency to right-winger Felipe Calderon by a mere 243,000 votes out of a total 42,000,000 cast. Both Calderon and IFE czar Luis Carlos Ugalde (Calderon was best man at Ugalde’s wedding) make these little beady reptile eyes as they slither across national screens.

Those screens have been the scenes of some of the slimiest and most sordid political intrigue of late. One of the lizard kings who is fleetingly featured on Televisa primetime is an imprisoned Argentinean construction tycoon, Carlos Ahumada, who in 2004 conspired with Fox, Calderon’s PAN, and Televisa to frame AMLO on corruption charges and take him out of the presidential election. El Peje” (for a gar-like fish from the swamps of Lopez Obrador’s native Tabasco) was then leading the pack by 18 points.

Charged by Lopez Obrador, then the mayor of this megalopolis, with defrauding Mexico City out of millions, Ahumada had taken his revenge by filming PRD honchos when they came to his office to pick up boodles of political cash for his lover, Rosario Robles, who aspired to be queen of the PRD. Although the filthy lucre was perfectly legal under Mexico’s milquetoast campaign financing laws, the pick-ups looked awful on national television — AMLO’s former personal secretary was caught stuffing wads of low denomination bills into his suit coat pockets as if he were on Saturday Night Live.

Ahumada subsequently turned the tapes over to the leprous, cigar-chomping leader of Fox’s PAN party in the Senate, Diego Fernandez de Cevallos (“El Jefe Diego”) who in turn had them delivered to a green-haired clown, Brozo, who was then reading the morning news on Televisa. Then the Argentine fled to Cuba in a private plane. Televisa would air the incriminating videos day and night for months.

Apprehended in Veradero after his lover Robles was shadowed to the socialist beachfront, Ahumada spilled the beans to Cuban authorities: Interior Secretary Santiago Creel, who was then AMLO’s lead rival for the presidency, had cooked up the plot with the connivance of reviled former president Carlos Salinas, Lopez Obrador’s most venomous foe, the then attorney general, and Fox himself, to remove AMLO from the race.

The Mexican government did not ask for extradition and Ahumada’s deportation from Cuba was not seen as a friendly gesture. Within a month, diplomatic relations between Mexico and that red paradise were broken off and ambassadors summoned home. The construction tycoon has been imprisoned in Mexico City ever since he was booted out of Cuba, and was last heard from when he had his rogue cop chauffer shoot up the family SUV, a charade both Fox and Televisa tried to pin on AMLO — Ahumada had suggested he was about to release two more incriminating videos. These dubious events took place on June 6th, the day of a crucial presidential debate between AMLO and Calderon.

Then last week, Ahumada abruptly resurfaced — or at least his videotaped confession to Cuban authorities did. Filmed through prison bars, he lays out the plot step by step. Yes, he affirms, the deal was fixed up to cut AMLO’s legs out from under him and advance the fortunes of the right-wing candidate who turned out to be Felipe Calderon and not the bumbling Creel. The conspiracy backfired badly as his supporters rallied around him and Lopez Obrador’s ratings soared.

The origins of the confession tape, leaked to top-rung reporter Carmen Aristegui, was obscure. Had Fidel dispatched it from his sick bed to bolster Lopez Obrador’s claims of victory as the PAN and the snake-eyed Televisa evening anchor Joaquin Lopez Dorriga hissed? The air grew serpentine with theories. There was even one school that speculated Calderon himself had been the source in a scheme to distance himself from Fox (there had always been “mala leche” between them) and Creel, now the leader of the PAN faction in congress.

AMLO advanced a variant of this explanation — the specter of Ahumada had been resuscitated to divert attention from the evidence of generalized fraud the Coalition had submitted to the TRIFE and the panel’s impending verdict that Calderon had won the election.

Perhaps the most nagging question in this snakepit of uncertainty is what happened during the partial recount of less than 10% of the 130,000 ballot boxes ordered by the TRIFE to test the legitimacy of the IFE’s results. Although the recount concluded on August 13th, the judges have released no numbers and are not obligated to do so — their only responsibility is to certify the validity of the election.

Although AMLO’s reps in the counting rooms came up with gobs of evidence — violated ballot boxes, stolen or stuffed ballots, altered tally sheets and other bizarre anomalies — only the left-wing daily La Jornada saw fit to mention them. The silence of the Mexican media and their accomplices in the international press in respect to the Great Fraud is deafening — although they manage to fill their rags with ample attacks on Lopez Obrador for tying up Mexico City traffic.

According to AMLO’s people, 119,000 ballots in the sample recount cannot be substantiated — in about 3500 casillas, 58,000 more votes were cast than the number of voters on the voting list. In nearly 4,000 other casillas, 61,000 ballots allocated to election officials cannot be accounted for. The annulment of the casillas in which these alterations occurred would put Lopez Obrador in striking distance of Calderon and in a better world, would obligate the TRIFE to order a total recount.

But given the cheesy state of the Mexican judiciary this is not apt to happen; one of the judges who will decide the fate of democracy in Mexico is a former client of El Jefe Diego for whom the PANista senator won millions from the Mexico City government in a crooked land deal.

Meanwhile, thousands continue to camp out in a hard rain for a third week on the streets of Mexico City awaiting the court’s decision. They have taken to erecting shrines and altars and are praying for divine intervention. Hundreds pilgrimage out to the shrine of the Virgin of Guadalupe, some crawling on their knees, to ask the Brown Madonna to work her mojo. “God doesn’t belong to the PAN!” they chant as they trudge up the great avenue that leads to the Basilica. “AMLO deserves a miracle” Esther Ortiz, a 70 year-old great grandmother comments to a reporter as she kneels to pray before the gilded altar.

At the Metropolitan Cathedral on one flank of the Zocalo, a young worshipper interrupts Cardinal Norberto Rivera with loas to AMLO and is quickly hustled off the premises by the Prelate’s bouncers. The following Sunday, the Cathedral’s great doors are under heavy surveillance, and churchgoers screened for telltale signs of devotion to Lopez Obrador. Hundreds of AMLO’s supporters mill about in front of the ancient temple shouting “voto por voto” and alleging that Cardinal Rivera is a pederast.

AMLO as demi-god is one motif of this religious pageant being played out at what was once the heart of the Aztec theocracy, the island of Tenochtitlan. The ruins of the twin temples of the fierce Aztec war god Huitzilopochtli and Tlahuac, the god of the rain, is adjacent to the National Palace against which AMLO’s stage is set. Lopez Obrador sleeps each night in a tent close by.

Many hearts were ripped out smoking on these old stones and fed to such hungry gods before the Crusaders showed up bearing the body and blood of Jesus Christ.

AMLO is accused by right-wing “intellectuals” (Enrique Krauze and the gringo apologist George Grayson) of entertaining a Messiah complex. Indeed, he is up there every day on the big screen, his craggy features, salt and pepper hair, raspy voice and defiantly jutted jaw bearing more of a passable resemblance to a younger George C. Scott rather The Crucified One. AMLO’s devotees come every evening at seven, shoehorned between the big tents that fill the Zocalo, rain or shine. Last Monday, I stood with a few thousand diehards in a biblical downpour, thunder and lightening shattering the heavens above. “Llueve y llueve y el pueblo no se mueve” they chanted joyously, “it rains and rains and the people do not move.”

The evolution of these incantations is fascinating. At first, the standard slogan of “Voto Por Voto, Casilla por Casilla!” was automatically invoked whenever Lopez Obrador stepped to the microphone. “You are not alone!” and “Presidente!” had their moment. “Fraude!” is still popular but in these last days, “No Pasaran!” — they shall not pass, the cry of the defenders of Madrid as Franco’s fascist hordes banged on the doors of Madrid, 1936 — has flourished.

In this context, “No Pasaran!” means “we will not let Felipe Calderon pass to the presidency.” AMLO, who holds out little hope that the TRIFE will decide in his favor, devotes more time now to organizing the resistance to the imposition of Calderon upon the Aztec nation. Article 39 of the Mexican constitution, he reminds partisans, grants the people the right to change their government if that government does not represent them. To this end, he is summoning a million delegates up to the Zocalo for a National Democratic Convention on Mexican Independence Day September 16th, a date usually reserved for a major military parade.

Aside from the logistical impossibility of putting a million citizens in this Tiananmen-sized plaza, how this gargantuan political extravaganza is going to be financed is cloudy. Right now, it seems like small children donating their piggy banks is the main mode of fund-raising. Because AMLO’s people distrust the banks, all of which financed Calderon’s vicious TV ad campaign, a giant piggy bank has been raised in the Zocalo to receive the contributions of the faithful.

Dreaming is also a fundraiser. Some 10,000 raised their voices in song this past Sunday as part of a huge chorus assembled under the dome of the Monument to the Revolution to perform a cantata based on the words of Martin Luther King and Mohandas Gandhi. This too is a form of civil resistance, Lopez Obrador commended his followers.

The first National Democratic Convention took place behind rebel lines in the state of Aguascalientes in 1914 at the apogee of the Mexican Revolution when the forces of Francisco Villa and his Army of the North first joined forces with Zapata’s Liberating Army of the Southern Revolution. The second National Democratic Revolution took place 80 years later in 1994, in a clearing in the Lacandon Jungle of Chiapas when the Zapatista Army of National Liberation wedded itself to the civil society in an uprising that rocked Mexico all throughout the ’90s; eclipsed by events, the EZLN and its quixotic spokesperson Subcomandante Marcos have disappeared from the political map in the wake of the fraudulent election.

What this third National Democratic Convention is all about is now being debated in PRD ruling circles and down at the grassroots. Minimally, a plan of organized resistance that will dog Felipe Calderon for the next six years, severely hampering his ability to rule will evolve from this mammoth conclave. The declaration of a government in resistance headed by Andres Manuel Lopez Obrador is one consideration. The National Democratic Convention could also result in the creation of a new party to replace a worn-out PRD now thoroughly infiltrated by cast-offs from the PRI.

The Party of the Democratic Revolution has always functioned best as an opposition party. With notable exceptions (AMLO was one), when the PRD becomes government, it collapses into corruption, internecine bickering, and behaves just as arrogantly as the PAN and the PRI. No Pasaran?

Seven weeks after the July 2nd electoral debacle, Mexico finds itself at a dangerously combustible conjunction (“coyuntura”) in which the tiny white elite here is about to impose its will upon a largely brown and impoverished populous to whom the political parties and process grow more irrelevant each day. “No Pasaran!” the people cry out but to whom and what they are alluding to remains to be defined.
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John Ross’s ZAPATISTAS! Making Another World Possible – Chronicles of Resistance 2000-2006 will be published by Nation Books this October. Ross will travel the Left Coast this fall with both ZAPATISTAS! and a new chapbook of poetry BOMBA! and is still looking for possible venues; send suggestions to johnross@igc.org

Excerpts from freelance journalist Josh Wolf

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What follows are excerpts from an Aug. 14 letter that freelance journalist Josh Wolf wrote to reporter Sarah Phelan from inside Dublin Federal Correctional Institute. Wolf has been held at Dublin FCI since Aug. 1 refusing to give a federal grand jury unpublished footage from a July 8, 2005 anti-G8 protest that turned violent.

Aug. 14, 2006

Dear Sarah,

Thanks for writing to me about my case;

On Judith Miller:

“The issue of Judith Miller is a complicated one. My reservations about the Judith Miller situation are as follows: She should be protected, but should she have published it in the first place? I’m very thankful that she has helped publicize my case and I have talked to her on the phone and wouldn’t want it to seem like I’m ungrateful for the support.”


On the injuries that a SFPD officer sustained during the July 8, 2005 anti G8 protest:

“The officer’s injury is a sad and unfortunate incident, and I do not in any way condone violence against any living creature. However, as tragic and unjust as it may have been, it is a potential crime which falls under state and not Federal jurisdiction and although the Assistant US Attorney has brought up the injured officer repeatedly, he has never asserted that this potential crime is part of the grand jury investigation and is therefore nothing more than an effort to sensationalize the case.

Furthermore, my mother’s statement is accurate, I neither witnessed nor filmed the alleged assault on the officer – I learned of the incident after hearing “officer down” by several bystanders. At that point in time, I was filming the aforementioned officer’s partner choking Gabe Myers whom has been charged with the conspiracy charge of attempting to lynch himself, along with resisting arrest and rioting. The published video illustrates this fairly well and can be accessed through http://joshwolf.net/grandjury/ along with the all the legal documents up until I became incarcerated and could no longer maintain the site.”

On the alleged arson to a SFPD patrol car:

“Another important factor in the police’s story of what happened that night is their claim that the Styrofoam sign (for the 500th time, there was no mattress) became lodged in front of their car, therein disabling it. While the Styrofoam sign may have been lodged – I have trouble believing that a piece of Styrofoam could actually force a modified Crown Victoria to a stop. As a rear-wheel drive car with more-than-ample horsepower, I believe it would’ve been able to push the sign along indefinitely, if not able to completely rise over the top of it. Beyond that, the officers immediately jumped out of their vehicle and chased after the 2 people they believed were originally holding the sign.

By the way, these officers – Shields + Wolf (no known relation to myself) were not assigned to the protest and were responding to some sort of complaint. These police officers attempted to disperse the crowd by accelerating their vehicle towards us – it was at that point that the sign carriers in the back of the crowd dropped their sign and dived out of the car’s path. The most accurate description I heard of the event came from Attorney Ben Rosenfeld who spoke at one of my press conferences, the video can be accessed at the URL I mentioned previously.”

On the grand jury investigation:

“As I’m sure you are aware, the subject of the grand jury investigation, or the reason that I’m in jail, is the alleged attempt to destroy property that the federal government may have had a fiscal interest in, the SFPD patrol vehicle. If this pretense for a federal interest is allowed to stand, then would not all public property – be it city, state, or federal serve to trump state protections such as the California Shield law. This would not only include streets, schools, and sidewalks, but also city hall itself.

Perhaps you recall Matt Gonzales last art exhibit as Supervisor – the Supervisor arrange to have graffiti art sprayed onto his office wall. Now, obviously he did this with the approval of the city, but could the federal government have intervened under the claim that this art damaged Federal Property? Obviously they wouldn’t, but according to the logic of the US Attorney, I imagine they might feel they could legitimately do so. The analogy is a stretch and borders on being cartoonist, but is it really any more outrageous than throwing me in prison for refusing to comply with this order to turn over a videotape regarding a police vehicle that apparently wasn’t even damaged – we’ve yet to see any repair orders for the squad car.
Both myself and my attorney have filed declarations to the fact that I did not film any attempts at arson on a police car. It seems highly unlikely that the US Attorney doesn’t believe us as I imagine lying in a declaration would result in perjury for me but could also, to my best understanding; result in my attorney facing even more serious repercussions than that. Neither myself nor my attorney would be stupid enough to behave that irresponsibly. I remember Alger Hiss.”

On Alger Hiss, McCarthyism and Black as the new Pink:

Speaking of Hiss, I feel that given the circumstances, this witch hunt could very likely be a witch hunt akin to those of McCarthey’s blood thirsty quest to expose communists. If that in fact is the case, then instead of a red-scare, this is a black scare.

Keep in mind, that each subpoena I have received not only demands the unpublished materials, but also my testimony. I do not feel that is paranoia which leads me to think that I would be compelled to identify anyone on the footage whom I might know in an effort to create a list of political dissidents and anarchists in the bay area.

Yes, the idea is alarmist, but; it happened in this country 50 years ago – and anyone with a decent education is painfully aware that history has a way of repeating itself. There is no way this much money and energy has been expended simply to investigate some kid throwing a firework four days after the 4th of July, and as the government has not been forthcoming, I have no reason not to assume the worst.


On life inside Dublin Federal Correctional Institute:

“In your letter you also asked me about Dublin; I don’t have a whole lot to say about my experience here, but I can say that the experience is nowhere near the nightmare I had expected. I’ve never felt like my personal safety is in jeopardy, and I have made friends with many of the inmates. There’s food which is edible during every single meal, and 90% of the staff have behaved with the utmost professionalism. At the same time, visits are limited to immediate family, and I only get to feel air on my face for an hour each day; 5 days a week.

Living in captivity is emotionally very difficult, and you find yourself missing the simplest of things. Not having my music, for one, has been very hard for me. The experience is akin to being a young child in man ways, and almost all decisions have been robbed from you. Regulations which serve no purpose abound – we are prohibited from doing laundry after 2pm; I have no idea why.
I have the opportunity by being here to catch up on a lot of reading; however, and I’ve written more letters by hand over the last two weeks than I’ve composed throughout my 24 years up till now. I miss email. I’ve also been inspired to create a new organization, but I can’t share the details just yet about that one.”

Thanks again, for covering the story and in the words of Edward R. Murrow,
Goodnight and Good Luck,
Josh

Eureka! Here comes Eurekaism!

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Why is it news when Dean Singleton competes in Eureka, but not news when he works to destroy daily newspaper competition in the Bay Area?
By Bruce B. Brugmann (B3)

In my first journalism class at the University of Nebraska in Lincoln in the fall of l953, Professor Nathan Blumberg laid out the useful concept of Afghanistanism. This means, he said with gusto, that the press covers the big story in Afghanistan (obviously, times have changed) instead of covering the big local scandal in their own city (obviously, as I am reporting, times have not changed on this score). He spent the rest of the semester outlining local scandals that the local press in many cities was censoring or trivializing. He ended the semester with a rousing rendition of Upton Sinclair’s “The Brass Check,” his bible of the pattern of Afghanistanism in many American newspapers.

To bring the concept up to date, let us take the Sunday Aug. l3 story in the Sunday Magazine of the San Francisco Chronicle click here. It was a long, detailed, colorful story with lots of photos titled “RUMBLE IN THE REDWOODS, What happens when two daily newspapers duke it out in a market known more for its weed than its writing?” It details, way way up in the redwoods, out there by the ocean, up by the Oregon border, a long long way north of San Francisco, that rare example of head-to-head daily newspaper competition. A Dean Singleton/MediaNews group daily (the Eureka Times-Standard) is being forced to compete ferociously with a new upstart daily (the Eureka Reporter) founded by a local financier/tax attorney/banker called Robin P. Arkley II The lead sums up the point of the story: “It is the unlikeliest retail war in the unlikeliest market, a high-stakes game of chicken in a place so offbeat, it is now the setting for a new Sci-Fi Channel show.”

Just as in the old days when there was real daily competition in San Francisco, the publishers and editors and staff take public shots at each other. Arkley is quoted as saying that “I get tired of the Times-Standard saying ‘Rob is trying to put us out of business.’ I mean (the Times Standard and parent Media News) are a monopoly in every market they are in, whining like a bunch of babies…The first lick of competition they get they scream like they are getting (screwed)…They are not having any fun.”

Arkley says he launched the Reporter out of a desire for more local news. “I noticed over the generations the Times-Standard to the ‘Sub-Standard’ to the ‘Daily Disappointment.’ It was not publishing local news…Part of the challenge for local communities today is to keep our local identities. And one of the easiest and most direct ways to do that is with our local newspapers. I felt we needed a local paper again.”

Arkley says he no longer reads the Times-Standard but Singleton says he reads the Reporter, which he derisively calls “a shopper” because it is delivered free to people’s homes. “I watch (the Reporter carefully,” Singleton says in his Rocky Mountain twang (his company is based in Denver). “But when you get right down to it, it is not really a quality newspaper…I think it makes (Arkley) think he is a big man in town. I am not sure buying a printing press and throwing papers around makes you a big man in town, but he thinks it does.”

In short, Joel Davis, a former Times-Standard entertainment and news editor from l988 to l995 and now a Sacramento journalist and college journalism instructor, wrote a nice yarn that inadvertently made a most telling point on the state of journalism in California and the country today.

For Hearst in San Francisco, which finally got what it always wanted in San Francisco (a virtual morning daily monopoly), and for Singleton, who hates competition with a passion and now is moving lockstep with Hearst toward regional monopoly, old-fashioned daily newspaper competition is a slam bang big story—but only if it is up in Eureka. The real story, how Hearst and Singleton are destroying daily competition and imposing even more conservative monopoly journalism on one of the most liberal and civilized regions of the world, is not much of a story at all. It is only a story to be minimized, marginalized, censored, covered in fragments, and buried deep in the business section (See our coverage and our blogs)

The latest example: in Tuesday’s Chronicle, buried on page 2 of the business section, was a “Daily Digest” short under a wimpy little head titled “Foundation among MediaNews backers.” It was an Associated Press story out of Seattle which provided a nugget of new information from an Aug. 8th Securities and Exchange filing. The nugget: that the Bill @ Melinda Gates Foundation had invested an unspecified amount of money in the megaconglomerate deal.

The news was three weeks old. It was published a week after the Contra Costa times ran it. I did a blog on it a week ago. It was written by the Associated Press out of Seattle, not a Chronicle cityside reporter or one of the legion of Chronicle business reporters. The four paragraph story once again amounted to only a fragment of an item that begged for a real comprehensive story. Not once has the Chronicle or any of the papers involved in the deal (Hearst/Singleton/Gannett/Stephens/McClatchy) done the kind of full and complete story, on this unprecedented major local story, and its adverse consequences to their local communities, that they would have done on anybody else. Not once to my knowledge have any of the monopoly publishers or their editors or columnists had a cross word to say publicly about the others or about the march to regional monopoly.
Why?

Eureka! Here comes Eurekaism! B3

P.S.: One thing I like about Dean Singleton is that, when a reporter calls him for a quote, he is not afraid to give him some juicy ones.

P.S. l: Perhaps I am wrong. Perhaps one of the megaconglomerators has done a real story on the real consequences of such consolidation and regional monopoly on their staffs, the health and welfare of their communities, and the competing voices concept underlying the First Amendment and all good journalism. So I will be announcing a blog game: LET’S PLAY EUREKA! And I will ask people to send me any articles or editorials or columns in any of the megaconglomerate papers that they think laid out the real story. B3

SUNDAY

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Aug. 27

Visual Art

Free at the de Young

Although not free (save for the first Tuesday of every month), the de Young has numerous works on view inside and outside the museum that you can see without paying admission. Follow Andy Goldsworthy’s Drawn Stone, a line cracked in the paver from the Music Concourse to the museum’s entrance. One of the first pieces that you’re magnetically pulled to when you enter the museum is Gerhard Richter’s commissioned Strontium, a gigantic wall installation that dominates the ground floor open area between galleries. The doors are always open to the Piazzoni mural room where two five-panel murals of serene California landscapes by Gottardo F.P. Piazzoni are permanently installed. Take the side door right before the café to the sculpture garden where Juan Muñoz’s Conversation Piece V, Joan Miró’s la Maternité, and Gustav Kraitz’s Apples serve as a kind of jungle gym for children and adults. (Katie Kurtz)

Tues.-Sun., 9:30 a.m.-5:15 p.m; Fri., 9:30 a.m.-8:45 p.m.
De Young Museum, Golden Gate Park, 50 Hagiwara Tea Garden Drive (near Fulton and 10th Avenue).
$10, $7 seniors, $6 youths 13-17 and college students with ID (free first Tues.)
(415) 750-3614, www.thinker.org

THEATER

Salome

Mark Jackson is back in Berkeley for a while at least, directing Oscar Wilde’s Salome for Aurora Theatre Company. Banned in Britain for almost 40 years, Salome the play caused as much scandal in Europe as the lady herself did in Galilee. Featuring Ron Campbell, winner of the Bay Area Critics Circle award for Best Solo Performance in 2005, as King Herod and Miranda Calderon as the titular temptress. (Nicole Gluckstern)

Previews Sun/27, 2 p.m., and Aug. 30, 8 p.m. Opens Aug. 31, 8 p.m. Runs Wed.-Sat., 8 p.m.; Sun., 2 and 7 p.m. Through Oct. 1
Aurora Theatre
2081 Addison, Berk.
$28-$50
(510) 843-4822, www.auroratheatre.org

WEDNESDAY

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AUG. 23

Fundraiser

Clean Keefer

Join Terry Baum, former Green Party candidate for Representative in the 8th district, at a fundraiser for her successor in grassroots representation – Krissy Keefer, the local activist, Dance Brigade founder, and now Green Party candidate for US Congress. Unlike Rep. Nancy Pelosi (D-CA), Keefer is not accepting any corporate donations for her campaign. Musician Scrumbly Koldewyn and singer-songwriter Austin Willacy perform. (Deborah Giattina)

7-9 p.m.
Bazaar Cafe
5927 California, SF
Campaign donations accepted
(415) 835-4748, krissyforcongress@yahoo.com

Music

Japanther

If Brooklyn’s Japanther weren’t people, they’d be gas-powered robots straight off the mean streets. Employing the plowing force of gutter punk and the tinny hooks of bedroom-recorded pop, their music is a potent mixture: it’s punk and they play it fast, but there’s a certain whimsy and strong sense of melody hiding behind the muscular grind. This particular show benefits the Prisoners Literature Project and Berkeley Liberation Radio. This Bike is a Pipe Bomb, who play a folky variety of jittery, socially conscious punk, share the bill. (Michael Harkin)

With This Bike is a Pipe Bomb, Two Gallants, KIT, and Stripmall Seizures
8 p.m.
$7-$10
LoBot Gallery
1800 Campbell, W. Oakl
(510) 798-6566
www.lobotgallery.com

Also Thurs/24
With This Bike is a Pipe Bomb and the Punks
9:30 p.m.
$7
Hemlock Tavern
1131 Polk, SF
(415) 923-0923
www.hemlocktavern.com

Rock’s black back pages

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› a&eletters@sfbg.com
Tim Cohen sits at a table cutting up playing cards.
The Black Fiction vocalist-guitarist-songwriter has convinced himself that the meaty torsos of every jack, queen, and king are spelling out something big. He flings the disembodied heads into a pile and arranges the stately bodies to spell out Black Fiction Ghost Ride. Across the table keyboardist Joe Roberts is gathering the heads. Arranging the sovereign noggins into a gruesome and fantastical pile, Roberts sketches out the story: it is Raphael the Teenage Mutant Ninja Turtle who has cut off these heads, and he stands over his trophies, his sais dripping red. Ghost Ride (Howells Transmitter), the debut from San Francisco’s Black Fiction, wins points for whimsically macabre album art.
They’ve been called everything from “the Arcade Fire on a peyote-laced vision quest” (FlavorPill SF) to “pop music for little kids on acid” (an audience member). It seems that Black Fiction are simply too wriggly to rest under any thumb or umbrella. Online reviewers are drowning in genre jargon — psych-soul, freak folk — and struggling to wrap reason around the light that Ghost Ride emits.
I caught up with Cohen on his lunch break from Amoeba Music in San Francisco to get his take on the response. “I’d hate for someone to have an idea of what they are going to hear and not be open to us sounding like something else,” he said. In one sweeping sentence Cohen nailed it. Black Fiction is “something else.” Or to make it snarky, if you please, “else-fi.” The plain truth is that it is difficult to speak for this album because it speaks so loudly for itself — though it may be speaking in tongues.
The apocalyptic “Great Mystery” plucks, bounces, and drags at once, ripening with lyrical delicacies like “Farmers in the fields will grow the world’s weight in corn/ We will cream it for the babies that have yet to be born/ We will leave it in the sewers for the rats and the worms/ We will store it in the cupboards for the coming storm.”
“Carry Him Away” feels as urgent and hopeless as rushing into a tidal wave before it slams down on top of you. The harmonica- and glockenspiel-laced tune taunts with the invasively ironic refrain of “music is a terrible thing.” The phrase might not be so tongue-in-cheek, considering that Cohen, Black Fiction’s primary songwriter, has some reservations about music industry conventions.
For starters, the notorious multi-instrumentalist has a flimsy history of formal musical training. “Basically, if I can figure out how to make a sound on an instrument, I can figure out how to play it,” Cohen explained before deadpanning, “I can play the recorder as well as any eight-year-old.” Conservatory learning isn’t the only grain Cohen is going against. October will bring a minitour stretching over parts of California, but the year-old band — which includes percussionists Jon Bernson and Jason Chavez, multi-instrumentalist Anthony Marin, and bassist Evan Martin — is being patient about planning a longer route. “If we are going to tour, we want to do it right,” said the bandleader. “You need to know about the evils of the industry and guard yourself from them. I have a lot of apprehensions about asking people to help us out — I don’t do a lot of schmoozing. I’m a musician at heart, and that’s all I want to do.”
The tracks of Ghost Ride were painstakingly recorded on a Tascam 388, a reel-to-reel eight-track. The idea was borrowed from local songwriter Kelley Stoltz, who recorded Antique Glow on the same machine. The 388 is unique because it is essentially an entire sound console complete with EQ built into an easily transportable recorder. “I appreciate the qualities of analog recording over digital,” Cohen explained. “Digital recording isn’t as challenging — you can just cut and paste your stuff together.” As I upload the tracks of Ghost Ride into the inner sanctum of my iPod mini, my cheeks begin to sweat a bitter taste of shame — I can only ascribe it to the way an amateur wine connoisseur must feel after plopping a few ice cubes into a well-crafted sauvignon blanc.
Live, Black Fiction take the form of a whirling dervish minstrel show. Intensely cerebral and bubbling over with epileptic grace, the album projects a whimsical playfulness in full force onstage. They will melt off your musical preconceptions. You will run to the merchandise stand to buy this album.
They toppled Noise Poppers last year like a house of vandalized playing cards, leaving the audience with the same “what the hell just happened?” epiphany that early Velvet Underground and Talking Heads audiences must have felt. Black Fiction are laying down some new bricks. I can’t wait to see where they lead. SFBG
BLACK FICTION
With Tussle and the Dry Spells
Sat/26, 9 p.m.
Cafe du Nord
2170 Market, SF
$10
(415) 861-5016
www.blackfictionband.com

Don’t call the feds

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EDITORIAL It’s bad enough that the federal government is aggressively infringing on the rights of three Bay Area journalists, the sovereignty of California, and the freedom of San Franciscans to choose — through the elections of our district attorney, sheriff, and mayor — how laws should be enforced in this city. It’s even worse that the San Francisco Police Department has actively invited the feds in to abuse the city’s citizens.
Now is the time for Mayor Gavin Newsom and Police Chief Heather Fong to strongly, clearly, and publicly spell out when the officers under their control are permitted to federalize investigations rather than turning them over to the District Attorney’s Office. Particularly during this dark period when the Bush administration has shown a flagrant disregard for the rule of law, those in positions of public trust within San Francisco must safeguard the rights and liberties that generations of Americans have fought hard to win.
Specifically, Newsom and Fong should join the San Francisco Board of Supervisors in calling for a federal shield law similar to the one enshrined in the California Constitution, which allows journalists to protect their sources and unpublished notes and other materials. Until that happens, it should be the policy of San Francisco to refuse to cooperate with federal prosecutions of journalists, an action that would be similar to existing police policies of refusing to take part in raids on marijuana dispensaries or in operations targeting those suspected of vioutf8g immigration laws.
Instead, in the case of videographer Josh Wolf — who has been jailed for refusing to turn over his work to a federal grand jury — it appears that the SFPD was the agency that used a dubious interpretation of the law to bring in the feds for this unconscionable witch hunt. This is a disgrace and an affront to local control and basic American values.
As Sarah Phelan reports in this issue (“The SFPD’s Punt,” page 10), the cowboys who run the SFPD have been so intent on nailing those responsible for injuring an officer during a protest last year that they have deceptively morphed the investigation into one involving a broken taillight on a police cruiser. The idea was to argue that because some federal funds helped purchase the cruiser, then it was legitimate to turn this case over to the feds — which was simply a ruse to get around the California shield law. Perhaps even scarier is that it was done under the guise of fighting terrorism, even though the cops knew they were talking about homegrown anarchists who have legitimate concerns about US trade policies.
Over and over — in openly defying local beliefs about drug and sex laws and the death penalty — SFPD officers have shown contempt for San Francisco values. Even Newsom and Fong said as much during last year’s police video scandal, when they chastised officers for making videos that mocked Bayview residents, the homeless, Asians, and transgender people.
Yet that incident wasn’t as obscene as the decision by the SFPD to turn the murder investigations of Bayview gangs over to the feds rather than allow them to be prosecuted by District Attorney Kamala Harris, with whom the SFPD has feuded. The still-high murder rate in this city is a problem that will only be solved when we come together to address it as a community, rather than simply calling in heavy-handed outsiders.
It’s no wonder that communities of color in this city don’t trust the SFPD, which bypasses the black woman we’ve elected as our district attorney in favor of the US Justice Department and its facilitator of empire, Attorney General Alberto Gonzalez.
Newsom has already demonstrated that he’s willing to stand up to unjust state and federal laws, as he did on same-sex marriage, pot clubs, and illegal wiretapping by the Bush administration. Now it’s time for him to say that we’re not going to invite unjust federal prosecutions into this proudly progressive city. SFBG
PS We also must strongly condemn the federal prosecution of Chronicle reporters Lance Williams and Mark Fainaru-Wada. They are facing jail time for refusing to reveal how they obtained grand jury information that indicated San Francisco Giants slugger Barry Bonds knowingly took steroids. Journalists must be allowed to fully investigate important stories, particularly those involving public figures, without fearing they will be jailed for their work. Again, this case strongly begs for a federal shield law.
PPS Peter Scheer of the California First Amendment Coalition summed up the argument well in a commentary now posted on the Guardian’s Web site, www.sfbg.com, calling the prosecutions “a wholesale usurpation of state sovereignty. The Bush administration, which has been justly criticized for attempting to enhance executive power at the expense of Congress, is now eviscerating states’ rights in order to expand the power of the federal government. William Rehnquist, the conservative former chief justice of the US Supreme Court and intellectual champion of American ‘federalism,’ is no doubt turning over in his grave.”

EDITOR’S NOTES

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› steve@sfbg.com
There’s an intriguing confluence of anniversaries coming up that together offer an opportunity for societal awakening.
This week I’ll be among thousands of Bay Area residents leaving for Burning Man and the 20th birthday of the most significant countercultural event of our times. Five years ago, right after my first Burning Man, the Sept. 11 attacks ushered in radical changes to US foreign policy and political dialogue. And last year during the festival, Hurricane Katrina hit the Gulf Coast, another event of international significance, which New Orleans writer Jason Berry explores in this week’s cover story commissioned by the Association of Alternative Newsweeklies.
Burning Man, Sept. 11, Hurricane Katrina — aside from the timing of their 20th, 5th, and 1st anniversaries, what’s the connection? Before I answer that, let me layer on a more personal anniversary: this summer marks my 15th year working as a reporter and editor for various California newspapers.
I got into the business mainly because I felt like the American people were being duped, at the time about Iraq’s invasion of Kuwait, a war used by the first President Bush as a pretext for establishing permanent US military bases in the oil-rich Middle East.
American bases in Saudi Arabia caused Osama bin Laden to threaten a terrorist war against the United States unless we withdrew — a threat that we seemed to ignore while he carried through with a series of attacks that culminated in Sept. 11. Rather than reevaluating our relationships with oil and the Islamic world, this Bush administration upped the ante: invading and occupying two more Islamic nations, adopting energy policies that increased our oil dependence, and withdrawing the United States from international accords on global climate change and human rights.
Then Hurricane Katrina hit, opening up a second front of attack on the choices this country is making. I was already at Burning Man, in an isolated bubble of ignorant bliss that was eventually popped by the news. As we left the playa, burners gave significant money, supplies, and people to the relief effort. An eight-month cleanup and rebuilding encampment turned into a movement dubbed Burners Without Borders, which is still developing ambitious goals for good works and greening the event.
I believe Burning Man will be using its 20th birthday as a transition point. We’ve built our community and allowed it to mature, and now we’re talking about where we go from here. Most of those discussions are happening right here in San Francisco, where Burning Man was born and is headquartered. There is tremendous will to use our creation as a force for good.
Progressives will use the anniversaries of Sept. 11 and Katrina to urge our government to reevaluate its relationships with oil, other countries, and its own cities and poor people. Unfortunately, San Francisco isn’t where those decisions will be made.
But if there is a will to change this country’s direction, what better place to launch that movement than here? And what better army than Burning Man’s attendees, expected to number more than 35,000 — people known for their resourceful ability to build a city from scratch, clean it up, and leave no trace?
We’ll be back in a couple weeks, ready for what’s next. SFBG

COMMENTARY

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A freelance documentary filmmaker is in jail in Dublin, CA, for refusing to comply with a subpoena to turn over to federal prosecutors the out-takes of his filming of a 2005 street demonstration that turned violent. And two San Francisco Chronicle reporters are packing their bags for jail while they appeal contempt judgments for refusing to reveal to federal prosecutors their sources for evidence given the grand jury in the BALCO investigation.

If I were Governor Arnold Schwarzenegger or California Chief Justice Ronald George, I would be deeply troubled by these developments—not only because of the First Amendment issues at stake, which are huge, but because these federal actions against journalists in California represent a wholesale usurpation of state sovereignty. The Bush administration, which has been justly criticized for attempting to enhance executive power at the expense of Congress, is now eviscerating states’ rights in order to expand the power of the federal government.

William Rehnquist, the conservative former Chief Justice of the U.S. Supreme Court–and intellectual champion of American “federalism”—is no doubt turning over in his grave.

California, like the District of Columbia and every other state except Wyoming, has enacted a “Shield Law” to protect the news media’s independence from government and to assure public access to information about wrongdoing in high places. (Memo to media: stay the hell out of Wyoming.) California’s Shield Law, enacted both as a statute and constitutional amendment, protects the press from subpoenas demanding access to confidential news sources and unpublished information. State shield laws, however, don’t apply in federal proceedings–and the feds have no shield law of their own.

The U.S. Justice Department, in these two California cases and others, had a choice to make: It could defer to the nearly unanimous judgment of the states, or it could decide–states’ rights be damned–that the federal government would insist on enforcement of subpoenas that would be void or illegal in nearly all state courts. It chose the latter.

And so Josh Wolf, the freelance filmmaker whose unused digital film California voters clearly meant to protect from compulsory judicial disclosure, is in jail. And Mark Fainaru-Wada and Lance
Williams, the Chronicle reporters who wrote about the BALCO case, will soon be in federal detention unless the U.S. Court of Appeals for the Ninth Circuit can be persuaded to change course.

The Justice Department’s enforcement proceedings don’t just undermine a valid state policy, they completely nullify it. This is so because reporters and their sources have no way of knowing, at the time of an interview with a source or the filming of a news event, whether a subpoena will issue from a California state court–in which case it can be safely ignored–or from a federal court, in which case it will be enforced through fines, jail, or other sanctions. Since the only safe strategy is to assume that one could end up in front of a federal judge, the state shield law is effectively voided.

To appreciate the extent of federal usurpation of state authority, imagine that the feds were disregarding, not state shield laws, but the attorney-client privilege (which is also a creature of state law). The reason for the privilege, which is recognized in all states, is to encourage people to seek legal advice and to fully disclose relevant information to their lawyers, who are bound to secrecy.

If the U.S. Justice Department took the position that the attorney-client privilege did not apply in federal proceedings, most legal clients, not being able to predict where and how their communications with their lawyer might be sought, would behave as though the states’ attorney-client privilege did not exist. They would not seek legal advice. They would not speak openly with their lawyer.

The feds’ takeover of state sovereignty is especially egregious in the Wolf case. The street demonstration that was caught on Wolf’s video camera involved self-styled anarchists who, in a July 8, 2005 rampage through downtown San Francisco, destroyed property, resisted arrest, and assaulted and injured at least one San Francisco police officer. The persons responsible most certainly should be prosecuted–in state court by state prosecutors and under state law (including the shield law).

How did this quintessentially state law matter become a big federal case? According to their pleadings in U.S. District Court, federal prosecutors assert federal criminal jurisdiction based on damage to a police car, which had been purchased partly with federal assistance. I’m not joking. And the damage to the police car, which is disputed, may have been limited to a broken taillight!

Bad enough that California’s authority is neutered by the feds. Far worse that it is neutered in a case in which a genuine federal interest is nonexistent–indeed, where the putative federal interest is, patently, a pretext for an end-run around California’s shield law.

It’s time that the federal courts wised up and put an end to this. The current appeals of the Wolf and Chronicle cases to the Ninth Circuit Court of Appeals provide an opportunity for the federal judiciary to rein in the Bush Justice Department, reassert the primacy of state law in the area of evidentiary privilege, and highlight the importance of a news media that is–and is seen as–independent of government investigators.
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Peter Scheer, a journalist and lawyer, is executive director of the California First Amendment Coalition,

Benefit for a journalist in jail (Josh Wolf)

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Benefit for a journalist in jail (Josh Wolf)

By Bruce B. Brugmann (B3)

The item below was sent out by Riley Manlapaz, the Guardian’s ace promotions manager, to our email action list for a Saturday night benefit for Josh Wolf, who was jailed on Aug. l for refusing to honor a federal grand jury subpoena for the “out-takes” of his filming of an anarchist rally against the G-8 Summit Bush Administration economic and foreign policies.

I think Wolf’s arrest is a direct strike by Bush and the Attorney General against the City and County of San Francisco, the nation’s leading center of dissent and reportage critical of Bush and the Iraq war. The federal threat to jail the Chronicle reporters Lance Williams and Mark Fainaru-Wada, for their superb reporting in the Balco/Bonds case, only makes this point even stronger and more ominous.

If Bush can get away with putting reporters in jail in San Francisco, he can do it anywhere he wants with impunity and he can impose a chilling effect all across the land. His new weapon: claiming federal jurisdiction in a local case involving local law enforcement on the dangerous basis that a police car that was burned during the demonstration was paid for in federal money. (Actually, as the police report shows, only a rear tail light on the police car was damaged.) But the point is that, with federal money pouring into local communities all over the country, from Homeland Security money up and down, the feds can consider almost anything is under federal jurisdiction and they can move against reporters (and protesters) with federal muscle and jail power. From Hearst/Chronicle reporters to a 24-year-old freelance filmmaker, nobody in the media is safe for the duration, inside or outside San Francisco.

Go to the website of the California First Amendment Coalition (CFAC.org) for its resolution condemning the federal contempt sanctions against the reporters and for the full text of an amicus brief making the First Amendment arguments but also making a new and persuasive legal basis for a reporter’s privilege. See Sarah Phelan’s entry at the politics blog and our ongoing coverage. And much, much more!!! B3

JOSH WOLF BENEFIT
Join musicians and activists to raise money for the legal fees of Josh Wolf, the journalist incarcerated for contempt of court for his refusal to hand over unedited video “out-takes” he shot of a anti-G-8 rally held in the Mission on July 8, 2005. Spoken word artist Diamond Dave Whitaker of Enemy Combatant Radio, Oregon-based musician John Staedler, and DJ Chuck Gonzalez perform. Admission is free but donations will be greatly appreciated. Speakers on Wolf’s behalf include Liz Wolf-Spada, his mother; Krissy Keefer, the Green party congressional candidate in the Eighth District; and Harland Harrison, the Libertarian congressional candidate in San Mateo. 7pm-9:30pm. Can’t attend? Please consider donating online at http://joshwolf.net/grandjury/donate.html
August 19 @ Dance Mission, 3316 24th St
http://www.joshwolf.net/blog

Is Josh Wolf in jail because of federal laziness?

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By Sarah Phelan

An amicus brief filed this week in support of jailed freelance reporter Josh Wolf argues that federal common law already recognizes a reporter’s privilege, that it should be applied to Wolf’s grand jury case, and that before a journalist be compelled to divulge unpublished material in response to a subpoena, the requesting party must demonstrate “a sufficiently compelling need for the journalist’s materials to overcome the privilege.”
‘At a minimum, that requires a showing that the information sought is not obstainbable form another source,” argues the brief, which points out that , “it appears that the US Attorney has not even attempted to make a showing that alternative sources have even been consulted, let alone exhausted, or that Mr. Wolf’s videotape is unique. As the district court repeatedly pointed out, the events Mr. Wolf filmed took place on a public street and the published portions of his video show numerous participants and onlookers, (some with cameras) and dozens of police officers.”
Observing that, ” the record reveals a veritable treasure trove of alternative sources, including possible eye witnesses from law enforcement,” the brief concludes that, “The government seems to want Mr. Wolf’s video not because it is the only source of information about what happened to the police car, but because it speculates that it might be the best and most convenient source of information.”
The full text of the amicus brief which was filed by the Reporters Committee for Freedom of the Press, the national Society for Professional Journalists, the WIW Freedom to Write Fund, and the California First Amendment Coalition can be viewed at http://www.cfac.org
P.S.! A fund-raiser for Josh Wolf happens this Saturday, Aug. 19, 7 to 9:30 p.m., at Dance Mission, 3316 24th st., San Francisco. Free Admission, donations appreciated. Entertainers include Diamond Dave Whitaker of Enemy
Combatant Radio and musician John Staedler. Chuck Gonzalez is the DJ.
Speakers include Josh’s mother, Elizabeth Wolf-Spada; Wolf’s uncle Harland Harrison, Libertarian candidate for Congress from San Mateo County;Krissy Keefer, Green Party candidate for Congress from San Francisco’s east side, and Rick Knee of the National Writers Union. Or consider donating online at http://joshwolf.net/grandjury/donate.html

FRIDAY

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Aug. 18

Film

Accepted

The Animal House knockoff, also known as the college movie, is now among the most established and rigid traditions in American filmmaking, as fastidiously ritualistic as a Japanese tea ceremony. Accepted looks you straight in the eye and declares with pride, “I am that movie!” It should be proud. It isn’t half bad. Stay away, though, if the punk from the new Mac commercials (Justin Long) throws you into a violent rage. He’s the hero. (Jason Shamai)

Opens Fri/18 in Bay Area theaters

Music

Dave Alvin

First displaying his formidable chops as a songsmith and guitarist as a member of Southern California’s roots-rock pioneers the Blasters, Dave Alvin has mixed the sounds of country, rockabilly, jump blues, and a wide swath of other influences with his own modern and contemporary edge for more than a quarter century. His newest solo release, West of West: Songs from California Songwriters (Yep Roc), finds Alvin reworking a collection of songs by artists from his home state who have inspired him throughout his career, including Merle Haggard, John Fogerty, and Tom Waits. (Sean McCourt)

With James McMurtry
9 p.m.
Great American Music Hall
859 O’Farrell, SF
$18
(415) 885-0750
www.musichallsf.com

It’s criminal what Congress has done to the working poor

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OPINION Congress’s Republican leaders belong in prison. They have openly violated one of our most basic laws, the 68-year-old Fair Labor Standards Act. It requires Congress to set the minimum wage high enough to guarantee a standard of living necessary for health, efficiency, and general well-being.
The current rate of $5.15 an hour comes nowhere near to doing that. Even those who manage to work full-time make only $10,700 a year – $206 a week or about $900 a month, minus taxes and other deductions. They and the 15 million other Americans who are paid at or near the minimum – more than one-third of them provide the main or sole support for their families – are by any reckoning poverty-stricken and barely surviving.
The law allows states and local governments to adopt minimum-wage rates higher than the federal rate. Although California and 20 other states, San Francisco and 139 other cities and counties, and the District of Columbia have done so, the higher minimums cover only about half of the country’s workers.
Democrats have argued long and hard in the current session of Congress for a higher federal minimum, as they have in every other session since the $5.15 rate was set in 1997. But the Republicans who’ve been running Congress have higher priorities – raising their own pay and cutting the taxes that are such a burden to their wealthy supporters.
Oh yes, the GOP leaders did introduce a bill that would have raised the minimum. But the measure made that contingent on cutting the estate taxes of the very wealthy – a linkage, opposed by even some Republicans, that guaranteed the bill’s defeat.
They’ve raised congressional pay in every session since 1997, while doing nothing for the working poor. That’s added more than $31,000 to the minimum wage of congressional members, currently $165,200, with a $3,300 raise scheduled for Jan. 1. Unlike minimum-wage workers, who rarely have fringe benefits, members of Congress also get free health care, pensions, and other expensive extras.
The minimum wage for ordinary people would have risen to $7.25 an hour over the next two years under the latest Democratic proposal blocked by the GOP’s congressional leaders. Its main proponent, Sen. Edward Kennedy of Massachusetts, promised that the fight to raise the wage “will continue all across America.”
It is certain, in any case, that Democratic candidates will make it an issue in this fall’s election campaigns. They are well aware, certainly, of polls showing that an overwhelming majority of Americans favor a minimum-wage increase.
So why in the world are Republican leaders so adamantly against it?
Because their big-money backers in the restaurant business, who employ about 60 percent of all minimum-wage workers, are against it, as are many other business and corporate interests. The opponents have even formed a group, Coalition for Job Opportunities, to spread the fiction, much favored by the GOP, that a higher minimum would force employers to eliminate jobs.
Actually, the number of jobs has grown after each of the 19 times the minimum has been raised since it was initially set at 25 cents an hour in 1938.
The job growth has been spurred primarily by the increased spending of those whose pay has increased. Like all low-wage workers, they must spend virtually every cent they earn, thus raising the overall demand for goods and services and creating the need for new employees.
Think of the general benefits to society if the minimum-wage workers who now must depend on government assistance could earn enough to make it on their own.
Think of the benefits to employers. As several studies have shown, raising workers’ pay raises workers’ morale and, with it, their productivity, while decreasing absenteeism and recruiting and training costs.
Think of the benefits to small retailers. Opponents of a raise say they’d be hurt the most by a higher minimum wage, but it’s far more likely that they’d be among the greatest beneficiaries. For minimum-wage workers have no choice but to spend most of their meager earnings in neighborhood stores for food and other necessities. SFBG
Dick Meister
Dick Meister is a San Francisco-based writer who has covered labor and political issues for four decades as a reporter, editor, and commentator. Contact him through his Web site, www.dickmeister.com.

The reflecting pool

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› paulr@sfbg.com
A chicken-and-egg — or maybe fish-and-roe — problem: do neighborhood restaurants tend to reflect the character of a neighborhood or does a neighborhood take its cues from its restaurants? The answer is probably both, since that is usually the answer to such trick questions, but in general there is more of the former than the latter, I would say. The truly revolutionary restaurant, the place that makes a startling announcement of intention on a street of sameness, birds of a feather flocking together, is fairly rare. Or, to exhaust this vein of sorrily mixed metaphor, a rare bird. Or fish.
You can hardly miss Pisces California Cuisine, a small seafood house that opened in March on a drab stretch of Judah in the outermost Outer Sunset, one of those descending western neighborhoods whose colorless, low buildings seem to melt into the gray sea. The whole area cries out for a massive repainting, perhaps from the air by one of the California Department of Forestry’s firefighting tanker aircraft, refitted to spray some actual color. Shades of red, orange, yellow, and pink would be nice.
Pisces’s facade is black: a bit stark but handsome nonetheless, and drastically unlike any of the nearby storefronts. Though the restaurant occupies a midblock space, it is easy to find, since black facades aren’t commonplace even in your most happening habitats. Inside, Pisces has the SoMa loft look: it’s an airy box, clean and spare, with exposed ductwork and sleek Euro-modern furniture. Behind the bar hangs a plasma TV tuned to ESPN for a slight sports bar effect: a sop to neighborhood sensibility?
The food, on the other hand, is full of casual metropolitan style and is available at both dinnertime and lunchtime in prix fixe guise. In the evening, $22.50 buys you three courses (chosen from a brief list), while at noon you pay $11.50 for two courses (from another brief list) plus tea or coffee. As a rule I am mesmerized by the siren call of the prix fixe; it is generally a good deal, reduces the job of sifting through choices (and later, parsing the bill), and tends to emphasize both the chef’s interests and seasonal treats.
At the moment there is no sweeter a seasonal treat than king salmon, now in its second summer of regulation-induced scarcity. So finding it on Pisces’s prix fixe list was like a sign from above: You must have this. And I did; but first I had a bowl of kabocha squash soup, electrified with some generous flicks of cayenne pepper and shavings of fresh ginger and poured over crisped strips of taro root to give textural interest. For color, a miniature bouquet of microgreens.
The salmon, a large filet, arrived on a berm of mashed potatoes ringed by a honey-soy emulsion, which resembled caramel sauce. Between the fish and the spuds lay a duvet of braised spinach leaves and slivers of shiitake mushroom. The fish, grilled to medium-rare, was excellent in its simple way, but even meaty fish like salmon doesn’t stand up particularly well to mashed potatoes. They could have been done away with entirely or reduced to an ornamental role or replaced by taro root in some form.
Across the table meanwhile, a bowl of excellent, thick chowder ($4) heavy with clam meat slowly disappeared, to be followed by a plate of batter-fried calamari ($9). The calamari pieces were on the flaccid side (oil not hot enough?) but were redeemed by a habit-forming sweet-sour barbecue sauce for dipping.
Despite the king salmon and “California cuisine” nomenclature, Pisces’s food is far from purely seasonal. Kabocha squash, for instance, speaks of winter. So does crab, which turned up in a good crab salad sandwich ($9.50) in the company of good fries. The salad carried a few flecks of shell, but I chose to interpret this as a sign that the kitchen is cracking and cleaning its own crabs even in the off-season. And let us not forget such beyond-seasonal dishes as seafood linguine, offered as part of a lunchtime prix fixe and featuring bay scallops, shrimp, and mussels — all farmable — in an herbed cream sauce. The beauty of a preparation like this is that it’s almost infinitely variable: you toss in a little of this, a little of that, whatever’s good today or (yes) in season — even king salmon — and it will still make people happy, especially if they’ve opened with a good Caesar salad, showered with croutons and squiggles of shaved parmesan cheese.
Desserts here are good if mainstreamish, and they make up in price what they lack in imaginative verve. The fudgey chocolate brownie cake ($5.75), for instance, topped by a little helmet of cherry ice cream, would probably cost at least $3 or $4 more at any comparable restaurant east of Twin Peaks while being not quite as big; Pisces’s version survived a two-front assault for several minutes. A crème brûlée (part of the prix fixe) wasn’t quite as shareable but did reflect stern and basic virtues: it consisted of a straightforward vanilla custard of just the right fluffy-firm consistency under a thick, brittle cap of caramelized sugar, and it was served in a plain, white, round ramekin of the sort you see stacked in cooking-school kitchens. While my austere, puritan self approved of the lack of ornamentation or embellishment, my other self — or one of them — couldn’t help wondering if a little garnish would have been entirely out of place. A sprig of mint is never hard to come by, and it is the season of berries after all — stone fruit too. Maybe cherries … black cherries? SFBG
PISCES CALIFORNIA CUISINE
Lunch: daily, 11 a.m.–3 p.m.
Dinner: daily, 5–10 p.m.
3414–3416 Judah, SF
(415) 564-2233
Beer and wine
AE/DS/MC/V
Pleasant noise level
Wheelchair accessible

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