California

Heads Up: 6 must-see concerts this week

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Not to give this family any more attention, but here I go. Are you aware of the fact that the Balloon Boy is now a long-hair tween, in a darker Hanson trio with his brothers, singing operatic heavy metal bits? It’s all here, in a Gawker long-read post. The article notes that the group (Heene Boyz) considers itself the “World’s Youngest Metal Band.” — don’t we have that already here in the Bay with our own Haunted by Heroes? Take that, Balloon Boy. (Whatever, technically they’re billed as “The World’s Youngest Rock Band.”)

But my real point is this: America, home of the free, free to whore oneself and one’s family out on reality TV, to sneak kids into homemade balloon UFOs, to shoot for fame from birth. Happy Fourth of July week, everyone. Celebrate it with the bedlam of Bob Log III, the annual Big Time Freedom Fest at El Rio or Fillmore Jazz Festival, dreamy R&B producer Giraffage, or, the snacktastic Burger Boogaloo fest with headliners Redd Kross, the Oblivians, the Trashwomen, and more! Paint your face red, white, and blue, stick a sparkler behind your ear, and rage out into the night, it’s what the founding fathers would have wanted.

Here are your must-see Bay Area concerts this week/end:

Bob Log III
What’s more US of A than a lone multi-instrumentalist on stage in a glittery bodysuit and microphone-affixed motorcycle helmet, looking like a futuristic Bowie-esque alien, and sounding like a punky blues madman, or a scrappier Bo Diddley meets the Coachwhips, on slide guitar. As the Kansas City Star puts it, “If he hired a drummer, ditched his helmet, and requested a standard swizzle stick to stir his scotch, Bob Log III would still draw an audience. His music is that entertaining.”
With The Okmoniks, Los Vincent Black Shadows (Mexico City).
Wed/3, 8:30pm, $15
Hemlock Tavern
1131 Polk, SF
www.hemlocktavern.com
http://www.youtube.com/watch?v=UQmX4LzaDDU

Big Time Freedom Fest
It’s back, El Rio’s annual Fourth of July patio party Big Time Freedom Fest is here again, and this time brings out the worthy local Black Sabbath tribute act that is Bobb Saggeth, fronted by wailing female powerhouse Meryl Press. The band isn’t nearly as active as I’d prefer, but always plays parties on Halloween and Fourth of July, usually at places like Thee Parkside, Hemlock Tavern, and yes, El Rio. Plus, newish local heavy-psych band Golden Void headlines the show, and Wild Eyes, Couches, and Upside Drown open. And it’s all on the back patio, so you can officially say you spent the holiday outdoors, (with your favorite local rock‘n’rollers).
Thu/4, 3:30pm, $8
El Rio
3158 Mission, SF
www.elriosf.com
http://www.youtube.com/watch?v=Ebe9BtnD6wQ
http://www.youtube.com/watch?v=BmXB7-plWrY

Giraffage
“San Francisco-based futuristic dream R&B producer Charlie Yin has made some big leaps in 2013, with a performance at SXSW along with upcoming gigs at Southern California’s Lightning in a Bottle festival and SF’s Treasure Island Music Festival. His new album Needs on Los Angeles label Alpha Pup Records is a thesis in music manipulation, a comprehensive counterargument to straightforward 4/4. Vocal samples are up-shifted in tempo to lend a playful mood. Tracks are sometimes dipped in sonic mud halfway through, decelerating to a crawl before jumping back to normal time. But Needs never feels jerky, which owes to Yin’s tight transitions and harmonious melodies throughout. The sensual, infectious, shifty third track “Money” sounds like it will be played in lounges in 2050.” — Kevin Lee
With Mister Lies, Bobby Browser
Thu/4, 9:30pm, $13–$15
Rickshaw Stop
155 Fell
(415) 861-2011
www.rickshawstop.com
http://www.youtube.com/watch?v=6PVWP1Zrh4Q

Fillmore Jazz Festival
“Live jazz music, crafts, and gourmet food, all in one place (and most of it is free to check out). The Fillmore Jazz Festival is the largest of its kind on the West Coast, reportedly luring in a mind-blowing 100,000 visitors over the two-day event. Sultry local vocalist Kim Nalley will again bring her jazzy blues blend to the stage, as will instrumentalist-composer Peter Apfelbaum, Mara Hruby, John Santos Sextet, Beth Custer Ensemble, Crystal Money Hall, Bayonics, and Afrolicious, among many others.” — Hillary Smith
Sat/6-Sun/7, 10am-6pm, free
Fillmore Street between Jackson and Eddy, SF (800) 310-6563
www.fillmorejazzfestival.com
http://www.youtube.com/watch?v=5XRE8FSkxQg
http://www.youtube.com/watch?v=hall_F7pTbg

Woolfy
“I miss Kevin Meenan’s show listings at epicsauce.com. At one time it was a go-to for highlights of small shows going on in the city, filler free, and super reliable for finding a new act to see live. Meenan has since dropped the showlist (perhaps made redundant with the availability of social apps), but is still active with his regular event Push The Feeling. This edition features a DJ set by English born, LA musician, Simon ‘Woolfy’ James, whose eclectic and spacey post-punk dance sensibility first got my attention with the caressingly Balearic “Looking Glass” and the recent James Murphy-esque snappy cut on Permanent Release, ‘Junior’s Throwin’ Craze.’” — Ryan Prendiville
With Bruse (Live), YR SKULL, and epicsauce DJs
Sat/6, 9pm-2am, $6, free before 10 w/ RSVP
Underground SF
424 Haight, SF
www.undergroundsf.com
http://www.youtube.com/watch?v=R9WMPPiBimc

Burger Boogaloo
We blurbed this early: everyone is talking about the disparate headliners early LA punk band Redd Kross and Modern Lover/singer-songwriter Jonathan Richman — and rightfully so, they are incredible — but can we also take a minute to thank satan for the Trashwomen addition to the lineup? For those somehow unaware, the Trashwomen are Bay Area noisy surf-punk royalty, born of the ‘90s, and featuring Tina Lucchesi (of every band, ever), Danielle Pimm, and Elka Zolot (Kreayshawn’s hot mama). Check the paper this week for an interview with the Trashwomen. And check Mosswood Park for a sloppy soul dance party.
With the Zeroes, Oblivians, Fuzz, Mikal Cronin, Audacity, Guantanamo Baywatch, Mean Jeans, Pangea
Sat/6-Sun/7, noon-9pm, $25
Mosswood Park
3612 Webster, Oakl.
www.burgerboogaloo.com
http://www.youtube.com/watch?v=QP4hxwyWxHY
http://www.youtube.com/watch?v=eJx5c_cFq5o
http://www.youtube.com/watch?v=jI3XM-X72eQ

Community awaits benefits as Lennar finally breaks ground in Hunters Point

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More than five years after San Francisco voters approved a massive redevelopment plan for the Hunters Point Shipyard and much the southeast part of the city — giving Lennar Corp., the country’s biggest home builder, the largest tracts of open land in the city — that project is now finally, slowly, getting underway.

But activists who have been following the project say the city is getting played by Lennar because of an agreement that lacks performance standards and has allowed the company to drag its feet to maximize its profits despite an affordable housing crisis in the city. And some community members say Lennar hasn’t lived up to promises of jobs and other benefits.

“The modus operandi of Lennar is bait and switch and delay,” Saul Bloom of Arc Ecology, who consulted on this development deal for the Redevelopment Agency before his contract was dropped in 2010 after publicly raising concerns, told us. Bloom and his firm have decades of experience analyzing complex development deals, and he has been tracking Lennar’s pattern of behavior around the country. 

Bloom said that when Lennar cut its initial deals with then-Mayor Willie Brown and other local officials in 1997, the company said it needed no external financing and that it would build housing affordable to Hunters Point residents, including rentals. Since then, the deal has gotten steadily better for the company and worse for San Francisco, and the groundbreaking date has been repeatedly pushed back.

“The city was not smart enough to build in liquidated damage and a performance schedule and that kind of thing,” Bloom said. “Lennar tells them what they want and the city tends to roll over, and there’s been no pushback.”

When Lennar ended up needing financing after all, the project stood by while a $1.7 billion deal with the China Development Bank Corp. was structured in 2012. Despite Mayor Lee personally participating in the quest for capital in China alongside the developer, the deal quickly collapsed. It is yet to be seen how Lennar will satisfy its commitments in the Bayview and at its separate Treasure Island site since the plug was pulled on the loan deal.

Lennar Urban Director of Community Affairs Cheryl Smith referred our questions to communications consultant David Satterfield of G.F. Bunting, who said that he passed them on to Lennar officials and, “They don’t have anything to say.” The Mayor’s Office also has not responded to our request for comment on the issues that Bloom is raising.

With a weak agreement and a lack of political will to push the company to expedite construction of affordable housing, Bloom said Lennar has simply waited for housing prices to increase and for other developers to lead the way in gentrifying Bayview Hunters Point before moving forward on the nearly 1,400 acres of land it controls in San Francisco — an area equivalent in size to the Presidio.

“Their incentive is to wait for the property values to rise…Lennar understands how much this land is worth,” Bloom said. “What Lennar has done is crafted a strategically smart box that the city is in.”

Yet after years of delays, the project did officially get underway last week (Wed/27), with a well-attended hilltop ceremony.  Mayor Ed Lee, former Mayor Willie Brown, District 10 Sup. Malia Cohen, and Cohen’s predecessor, Sophie Maxwell, joined Lennar Urban President Kofi Bonner to speak at the long-anticipated event.

Lennar’s local subsidiary, Lennar Urban, unveiled a master plan to convert the land to a brand new mixed-use community. At the ceremony, Brown remarked that “there is no other piece of soil that is as lucrative” as the Bayview Hunters Point peninsula and that it promises to be the “ideal place to live.”

The Hunters Point Shipyard, occupies roughly 500 acres of southeastern San Francisco and when taken together with neighboring Candlestick Point and parts of Bayview, it is the largest single tract of land in San Francisco designated for redevelopment. The other big redevelopment site in the city, Treasure Island, is also controlled by Lennar and its partners.

A former naval base, the shipyard was transferred to the city in 2004. Most naval operations there had ceased in 1974 and commercial uses declined in the 20 years that followed, steadily displacing black workers employed on the premises.

Affordable housing and job creation for neighborhood locals were two major stipulations in the ballot measure San Francisco voters approved in 2008. The “Bayview Jobs, Parks, and Housing Initiative,” however, entrusted that goal fulfillment almost wholly to Lennar and Bloom now questions whether that trust was well placed.

Phase 1 of the project will consist of construction of 1,400 new residential units in the shipyard, approximately 30 percent of which will one day be affordable housing. But Bloom said that Lennar has delayed construction of the affordable units until after much of the more lucrative market rate housing is done.

At the event, Bonner enthusiastically outlined the goal of having 800 of 1,100 market rate homes in this first phase constructed and occupied within 36 months time and Mayor Lee opened his remarks with the celebratory chant “Welcome to The Bayview! We need housing for everybody!”

But Bloom said that the city is rapidly gentrifying as Lennar waits to meet its affordable housing obligations, noting that the city was 11 percent African-American when Lennar cuts its first deal to develop Hunters Point in 1997, and that population is now 4 percent and falling.

Reconstruction of the Alice Griffith Public Housing Project will help Lennar to satisfy its affordable housing quota. Announcements of these plans garnered large applause from community activists in attendance, though they are slated for the project’s second phase, which likely won’t begin for years.

“They could build all of Alice Griffith on Parcel A, but they’re not going to do it,” Bloom said. “When is this community going to get what was promised to them?”

A group of picketers from Aboriginal Blackman United (ABU) was contained by SFPD at the bottom of the hill during the afternoon’s proceedings. As black town cars chauffeured officials to the event site, the protesters’ cries were drowned out by the music of Miles Davis playing from stage speakers.

ABU was protesting non-inclusive hiring practices at the shipyard site. Members, who were outnumbered by police 2-to-1, argued that they were being wrongfully barred access to the ceremony above and by the event’s conclusion, they had been relocated from the main intersection at Innes Avenue and Donahue Street to a side access road.

Job creation was trumpeted generally in the afternoon’s speeches, with Sup. Cohen applauding the public-private partnership between Lennar and Bayview organizations and Mayor Lee praising the project for “honoring labor and honoring local residents.” However, ABU’s founder and president, James Richards, said “we’re not getting the jobs or the contracts that the community people are supposed to get and that’s why we’re out here.”

Though ABU wants to see local residents of color placed in many of the new positions opening up, workers in the community have only been promised good faith consideration rather than actual job guarantees by the San Francisco Building and Construction Trades Council, which is in charge of staffing the project. Attempts to reach Michael Theriault, Secretary-General of the Council, were unsuccessful.

Bloom said Lennar has insulated itself from community criticism with an agreement that promises money to community groups that refrain from publicly criticizing Lennar or the project. He said Lennar has followed a similar pattern here as it has elsewhere, using its clout and political contacts to get lucrative redevelopment deals, then using delay and bait-and-switch tactics to make those projects more lucrative. He cited Lennar’s Mare Island project, which is now in bankruptcy, and its massive Newhall Ranch project north of Los Angeles.

In that latter deal, the California Public Employees’ Retirement System lost the $970 million it paid Lennar in 2007 for part of its stake in Newhall Land Development Co., which went bankrupt when the housing market crashed the next year. But Lennar built in an option to reclaim the shares, which a bankruptcy judge allowed Lennar to do in 2009 for just $138 million.

Bloom said that deal is typical behavior for a manipulative company that has a history of acting contrary to the public interest, but in which local political officials have given tremendous control over the city’s future.

“We remain skeptical about their commitment to getting it done,” Bloom said of the affordable housing that Lennar has promised. “What we’d like to see is some real action on the promises that were made to the public.”

Images from a big gay victory celebration

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It was an amazing day of celebration in San Francisco yesterday, from the early morning crowd that gathered in City Hall to hear the ruling legalizing same-sex marriages in California to the evening celebration in the Castro. Here are some of the faces of that celebration by photographer Tim Daw (except the Newsom image, which was taken by Steven T. Jones)

Religious leaders celebrate Supreme Court decision upholding marriage equality

Photos by Rebecca Bowe

While proponents of the now-unenforceable Proposition 8 might have pointed to scripture to justify opposition to same-sex marriage, a group of religious leaders from throughout the Bay Area came together this afternoon to celebrate an historic Supreme Court ruling upholding marriage equality.

Clergy from a variety of faiths including Christianity, Judaism, Islam, Buddhism and the Church of Latter Day Saints gathered on the steps of Grace Cathedral on San Francisco’s Nob Hill on June 26 for a buoyant press conference held in celebration of the Supreme Court’s decision to strike down Prop. 8 and the Defense of Marriage Act (DOMA).

“The lies of separate but equal have no place on this holy hill,” said the Rev. Marc Handley Andrus of Episcopal Bishop of California. “Gay marriage is marriage, gay parents are parents, and all people are people.”

“For 20 years I’ve been marrying gay and lesbian couples, because in the eyes of God, that love and commitment was real, even when it wasn’t in the eyes of the state,” said Rabbi Michael Lerner of the Beyt Tikkun Synagogue. “We as religious people have to apologize to the gay community,” he added, for religious texts that gave opponents of gay marriage ammunition to advance an agenda of discrimination.

He added that the take-home message of the long fight for marriage equality is, “don’t be ‘realistic.’ Thank God the gay community vigorously fought for the right to be married – because they were not ‘realistic,’ the reality changed. Do not limit your vision to what the politicians and the media tell you is possible.” Their message caught on, he said, because “The theme of love touched people who had stony hearts in other respects.”

Mitch Mayne’s presence was especially significant.“I am an openly gay, active Mormon,” he explained to the crowd. “I am an optimist. I think you have to be, to be a gay Mormon,” he added, eliciting some chuckling from the crowd. “As a gay man, and as a Mormon, I believe Prop. 8 was one of the most un-Christlike things we have ever done as a religion,” Mayne stated. But he said he’d witnessed an unexpected outcome as a result. “Out of this troubling time has come a mighty change in heart from inside the Mormon community, with greater tolerance than ever before,” he said, adding that many Mormons had marched in solidary with gay and lesbian couples.

Rev. Kamal Hassan, pastor of Sojourner Truth Presbyterian in Richmond, said, “I am glad that DOMA was struck down, because it did not defend marriage – it exclusivized it, and defended heterosexual privilege.” But Hassan, like many other clergy members who spoke, seized on the Supreme Court’s decision striking down part of the Voting Rights Act the day before its ruling on same-sex marriage as yet another civil rights cause that needed to be fought.

“The work is not finished – it continues until the rights of all people are protected and defended,” he said. Referencing the famous quote by Dr. Martin Luther King that the arc of history is long but bends toward justice, Hassan said, “We’ve got to be some arc drivers. We should not be as patient as we’ve been so far. We have to push in order for these things to move forward.”

Win Tickets: River otters at Aquarium of the Bay

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Playful, fun, and otterly adorable! Opening June 28, come see the new North American river otter exhibit at Aquarium of the Bay, San Francisco’s waterfront aquarium. Watch these exuberant animals as they splash an frolic in their new, permanent home – part of a $1.3 million expansion of the Aquarium – and find out how otters play an important role as ambassadors for the health of San Francisco Bay and the waterways that feed it. See otters up close, and learn what you can do to help river otters throughout California. While you’re visiting, don’t miss a chance to get a scuba diver’s view of the Bay. Relax with mesmerizing jellies, touch a graceful bat ray or smile at a silver swirl of sardines. Walk through 300 feet of crystal clear tunnels, and marvel at the Bay’s largest natural predator, the sevengill shark. Get more info here, or call 415-623-5300. To win tickets to the exhibit, follow this link.

 

 

 

 

 

 

Small Business Commissioners support Pet Food Express over local stores

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San Francisco’s Small Business Commission has recently come under fire for its promotion of corporate interests and, most recently, advocating for an allegedly predatory pet store chain known as Pet Food Express.

In 2009, the Small Business Commission voted in favor of denying Pet Food Express’ application for a location on Lombard Street in the Marina District. Subsequently, the Planning Commission also denied the request, seemingly blocking Pet Food Express’ efforts to set up shop in the Marina. 

San Francisco’s formula retail legislation requires chain stores like Pet Food Express to apply for a conditional use permit in order to receive approval for opening new locations.

But now, Pet Food Express is back after recently filing another identical application with the SBC for the exact same spot on Lombard Street, and this time some members of the SBC are oddly supporting the chain.

As Pam Habel, owner of local Marina pet store Catnip & Bones, pointed out at the commission meeting on June 10, Pet Food Express already has a location on California Street just one mile away. At the same meeting, Susan Landry, owner of another Marina pet store, Animal Connection, added that nothing has changed in the past four years that would point toward the Marina community needing or wanting this Pet Food Express, since four pet-related stores exist within a mile of the proposed Lombard Street location.

“We were really surprised and disappointed that the commission no longer seemed to be an advocate of small business and even made comments indicating sympathy for the big chain pet store,” Habel and Landry, told the Bay Guardian jointly via email. “Commissioner Adams even said it seemed unfair to him to penalize a business that had started out small and now are being victimized for their success since they are one of the largest pet store chains in the U.S.”

So what has changed since 2009 that is now making the SBC consider supporting the proposed Pet Food Express? For one, Mayor Ed Lee’s corporate-friendly appointees to the SBC, including developer Luke O’Brien and President Stephen Adams, a manager for Sterling Bank & Trust.

Additionally, San Francisco Animal Care and Control Director Rebecca Katz lobbied for approval of the Pet Food Express while holding a blind Chihuahua adorned with a sweater at the June 10 meeting. Katz cited Pet Food Express’ many financial contributions to her agency as reasoning behind supporting the chain’s new location and expansion. According to Animal Care and Control spokeswoman Deb Campbell, Pet Food Express donates an estimated $50,000 to $70,000 in supplies annually to the city department.

“The more business Pet Food Express does, the more they grow and the more they give back to the community,” Katz told the Bay Guardian. “We take in about 10,000 animals a year on a budget of about $40 million.”

Kathleen Dooley, one of the SBC’s few existing members still in favor of promoting local business over big business, met Katz’s lobbying with criticism.

“She went up and lobbied for Pet Food Express and implied if it wasn’t for them no pets would be adopted and the animal world would be in chaos,” Dooley told the Bay Guardian. “They already have a number of stores in San Francisco, but they act as if this one on Lombard would change the tide.”

But Katz says that her public promotion of Pet Food Express is not lobbying. “I spoke to the Ethics Commission and they told me it is okay for me to talk about what Pet Food Express does for us,” said Katz.

Few of the arguments in favor of the Pet Food Express’s intrusion into the Marina actually acknowledge the store’s potential detrimental impact on the existing local businesses. Katz even publically said she thought it was ironic to protest another corporation coming into the Marina, where so many chain businesses already exist.

“The size of the Lombard location would allow for an adoption center which would have a huge impact,” said Katz. “Whereas residents have to drive to the California Street location, now they could walk.”

Unfortunately for local Marina businesses, the SBC, whose professed goal is to “work to support and enhance an environment where small businesses can succeed and flourish,” may be doing just the opposite by supporting a chain business that will undoubtedly endanger the many locally owned pet stores.

“As small businesses in San Francisco, we rely on the SBC as our voice at City Hall, not as a sympathetic voice for chain stores,” said Habel and Landry. “Because of their response last month, we no longer feel that we can look to the SBC to support small business in San Francisco.”

In her presentation before the commission, Landry drew an analogy to the previous opening of a Blockbuster on Lombard Street. Following the corporation’s entrance into the community, all four independent video stores in Cow Hollow closed within a year.

At the same meeting, Commissioner Mark Dwight acknowledged the predatory nature of Pet Food Express, who has sat on the same property for four years in order to continuously rally support in favor of the proposed location.

The pet supply stores in the Marina could face the same fate as the local video rental shops if Pet Food Express succeeds in opening on Lombard Street.

“When chain stores go in, commercial rents go up and the small mom and pop businesses are priced out of the neighborhood and replaced by even more chain stores as they are the only ones who, with their corporate structures, can easily afford high rents,” said Landry and Habel. “This is about more than one Pet Food Express application on Lombard, this is part of our battle to retain the heart and soul of our neighborhood commercial corridors.”

Supreme Court same-sex marriage decisions: DOMA invalidated, Prop 8 case dismissed, SF reacts [UPDATED]

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Watch this space throughout the day for breaking news on the decision and reactions. Tonight there will be a celebration of the Court’s decisions at Castro and Market Streets at 6:30pm. (Join  the Guardian beforehand, 6-9 at the Pilsner in the castro, at its annual pre-Pride event.) 

DOMA INVALIDATED

The Supreme Court released its ruling this morning that the Defense of Marriage Act, which denies federal recognition of same-sex marriage, “is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.”

“DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty,” according to the majority opinion. “DOMA’s principal effect is to identify a subset of state sanctioned marriages and make them unequal.” The Court voted 5-4, with Justice Kennedy, who wrote the majority opinion, as the decisive vote along the usual liberal/conservative lines. You can read the full opinion here

This means that same-sex marriages performed in states that have legalized such marriages will be recognized by federal law.  

PROP 8 DISMISSED ON STANDING

As for Hollingsworth v. Perry, the Prop 8 case, it was dismissed on standing, due to the fact that the State of California refused to defend the case that would uphold Prop 8 (which denied same-sex marriage).That meant private citizens were left to defend a state statute, which was unprecedented, and the Court refused to rule on those grounds.

We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here,” the majority Court statement (which broke along the typical 5-4 line) said. That means there is no specific decision from the Court regarding Prop 8, and the previous ruling, by Judge Vaughan Walker and upheld by the Ninth Circuit Court, that invalidated Prop 8 as discriminatory, stands.

This may mean that same-sex marriages in California can resume as early as July.

You can read the full Prop 8 ruling here.

Scene this morrning at SF City Hall, with Mayor Ed Lee and Lt. Gov. Newsom. Photo by Dan Bernal.

[UPDATE] REACTIONS AT CITY HALL

Steven T. Jones reports from SF City Hall:

City Hall was totally packed at 7am when the US Supreme Court convened — tons of journalists, lots of couples, many signs in the crowd. Two screens were set up, one with a live blog from court chamber, the other with the CNN live feed. Huge cheers erupted at 7:11 when the decision was announced striking down DOMA and forcing the federal government to recognize the rights of same-sex married couples.  Then at 7:38, when the Prop 8 statement came down, the room went nuts. 

A moment later, an array of current and former city officials appeared at the top of the City Hall main staircase. Mayor Ed Lee and Lt. Gov. Gavin Newsom escorted a fragile Phyllis Lyon down the stairs — she, along with the late Del Martin, were the first same-sex couple to get legally married in California in 2004 — flanked by the rest of the city family, all with big smiles.

“Welcome to the people’s house of San Francisco,” Mayor Lee said, thanking the crowd “for sharing in this historic moment.”

“It feels good to have love triumph over ignorance,” he said.

At 7:44, City Attorney Dennis Herrera and Chief Deputy City Attorney Terry Stewart, who had been on the City Hall steps addressed reporters’ question on the legal details of the ruling, joined the crew to sustained applause as Lee recognized them. He then introduced Newsom, who in 2004 as San Francisco mayor allowed same-sex marriages to be performed, as “one person who used the power of this office to make history and show his love for the city.”

“San Francisco is not a city of dreamers, but a city of doers,” Newsom said. “Here we don’t just tolerate diversity, we celebrate our diversity.” He thanked Herrera and everyone who contributed to this moment. “It’s people with a true commitment to equality that brought us here.”

Newsom introduced Kate Kendall with the National Center for Lesbian Rights, who has led the coalition of groups that have push for marriage equality. She looked around the crowd and said, “Fuck you, Prop 8!”

The crowd roared, and she said that she had scanned the room for children, and promised to “put a dollar in the swear jar” if necessary. But she said that, “We have lived for too many years under that stigmatizing piece of crap.”

Then Herrera took the podium, turned to Newsom, and said, Now you can say, ‘Whether you like it or not!'” — a joking reference to Newsom’s same-sex marriage rallying cry, which some blamed for boosting the anti-same-sex marriage cause.

“We wouldn’t be here today if it wasn’t for Gavin Newsom’s leadership,” Herrera continued. ““I remember in 2004 when people were saying it was too fast, too soon, too much.”

But today, that long effort has been vindicated, Now, he said, “It’s about changing the hearts and minds of people and educating them.” He also pledged to continue the fight that began here in City Hall more than nine years ago: “We will not rest until we have marriage equality throughout this country.”

Gavin Newsom being interviewed inside City Hall. Photo by Steve Jones

Finally Stewart, who has argued cases related to San Francisco’s stand before both the US and California Supreme Courts, praised both the Prop. 8 and DOMA rulings and the precedents they set. “In the DOMA case decision, the Supreme Court expressed a stong equal protection philosophy…that will help legalize same sex marriage in other states.”

Three members of the Board of Supervisors were also invited by Kendell to address the huge City Hall crowd: Board President David Chiu and Sups. David Campos and Scott Wiener, the only two current supervisors who are gay.

Chiu noted that the bust of slain Sup. Harvey Milk is prominently positioned outside the Board Chambers, a reminder of the long struggle for gay rights that San Franciscans have led. “That work lives on today,” he said.

He added the hope that the work done here will ripple out of across the country because, he said, “As goes San Francisco, so goes California, so goes the rest of the country.”

Campos, an attorney who has long been in a committed relationship, said, “It’s a very emotional moment for those of us who are part of the LGBT community.” He said this Supreme Court ruling is the first time it has really acknowledged “that we are people and we have dignity,” and that the rulings sends a clear message to Congress that legislation like DOMA is unconstitionally discriminatory.

Wiener praised the resilience of the LGBT community, from the early days of enduring the AIDS crisis and fighting for federal support through the current campaign for marriage equality. And he cheered the fact that, “Those marriages that we see under the rotunda [in City Hall] will get a little more diverse.”

11:30 AM UPDATE: Style and substance

While Newsom strutted around like a proud peacock in front of City Hall — clearly the leading man in this epic story with the happy ending, much in demand by the television crews — Herrera and Stewart briefed various reporters on the details of the case that they had just won.

Gavin Newsom outside City Hall. Photo by Steve Jones.

“I wanted a merits ruling, but a standing ruling is a victory too,” Herrera told us, making the distinction between the court ruling that banning same-sex marriage is unconstitutional on the grounds of equal protection under the law — which it did not do — and the 5-4 ruling it did issue: that those who appealed the Ninth Circuit Court ruling invalidating Prop. 8 lack proper legal standing to do so.

The standing ruling leaves same-sex marriage opponents more wiggle room to argue that the ruling might only apply to the couples named in the suit, or in just the counties that took part, which also included Alameda and Los Angeles, positions they were already signaling in press statements.

But Herrera said that he would vigorously contest that kind of challenge, which he considers to be without merit, telling us, “The injunction is not limited in its scope.”

UPDATE: SFPD isn’t worried

Police Chief Greg Suhr, who attended the City Hall event, said the timing on the ruling during Pride Week couldn’t be better. “It’s nice that it all lined up for us,” he told us. “This town is going to rock ‘til the wheels come off.”

Asked whether he has any heightened security concerns about the Pride Parade in the wake of a ruling that is controversial to some, Suhr said that he’s not worried. He said SFPD is now fully staffed and all available personnel working this weekend, although he will try allow many of his gay and lesbian officers to join the celebration if they want.

“We’re going to police what’s likely to be the biggest party this city has ever seen,” Suhr said, adding that his policing philosophy is, “We plan for the worst and hope for the best.”

 

On pins and needles

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steve@sfbg.com

[UPDATE: The Supreme Court has overturned DOMA and dismissed the Prop 8 case. Read our full coverage here.]

As San Francisco’s LGBT community and its supporters prepared for Pride Weekend, the whole city was anxiously awaiting the imminent US Supreme Court ruling on same-sex marriage. That case began here more than nine years ago when then-Mayor Gavin Newsom decided to let gay men and lesbians marry and the City Attorney’s Office launched a long and torturous legal battle.

The synchronous timing of the two events couldn’t be better. (Well, it could have been better for the Bay Guardian‘s deadline if the ruling has come out June 25, instead of when this issue will be hitting the streets on June 26, but you can read our full, live coverage here at sfbg.com tomorrow.)

LGBT activists are planning a massive rally at Castro and Market streets starting at 6:30pm on June 26, along with another performance stage at Market and 19th streets featuring Donna Sachet emceeing performances ranging from DJs to drag and other live performances, like an early start to an already packed Pride Weekend. (For more info, see www.dayofdecision.org.)

Of course, at press time it was still unclear whether we’ll see a joyous springboard for a raucous Pride that many are hoping for, with total victory and marriage equality becoming the law of the land; a bitter repudiation of LGBT rights reminiscent of Nov. 4, 2008, when the street celebrations over President Barack Obama’s election victory were tempered by frustration over voters approving Prop. 8 and banning same-sex marriage; or something in between.

The ruling will cap a see-sawing legal and political battle for which the City Attorney’s Office calculates it has written more than a half-million pages of legal briefings for more than 50 judges at various levels, including four trips before the California Supreme Court in four separate but related cases before making arguments to the US Supreme Court in March.

If the ruling doesn’t legalize same-sex marriage in California, activists say they’ll immediately return the struggle back into the political arena and use the momentum of the ruling (and the three states that legalized same-sex marriage this year, bringing the total to 12) to win at the ballot box (it would take a popular vote to undo Prop. 8).

If that happens, look for our own Sen. Mark Leno — who got the California Legislature to approve his legislation legalizing same-sex marriage, twice, only to have it vetoed by then-Gov. Arnold Schwarzenegger — to play a lead role.

“The only option is to re-amend the constitution to eliminate the discriminatory Prop. 8,” Leno told us. That measure could be placed on the 2014 ballot by either the Legislature or an initiative, which Leno said will be decision for the coalition of same-sex marriage supporters.

There are benefits and drawbacks to both options. Gathering signatures for an initiative is expensive, but that effort would also help launch the campaign to win over California voters. In the Legislature, four supportive Democrats will likely move to other offices this year, including a Senator and Assemblymember who are each joining the Los Angeles City Council, but Leno is still confident.

“We stand prepared with legislation already drafted to move forward with a bill if that’s what the coalition decides,” Leno said. “And we are confident we have the 27 votes we need [in the Senate], maybe even 28.”

City Attorney’s Office Press Secretary Matt Dorsey has been doing regular email briefings for journalists who are here from around the world, ready to report from the place where it all began as soon as the ruling comes down.

City Attorney Dennis Herrera, Chief Deputy City Attorney Terry Stewart, and their team are prepared to analyze the ruling as soon as it is released just after 7am (Pacific time) and to deliver the first press briefing on the steps of City Hall at 7:30-8am. Mayor Ed Lee, Newsom, and other officials will host a live viewing of the ruling at 7am in City Hall, following by their own press conference.

Dissecting the ruling could be a tricky task given that there at least four major scenarios that the ruling could trigger, each of those with lots of sub-scenarios that depend on the scope and details of the ruling. Everything for legalizing same-sex marriage across the country to a technical ruling that kicks it all back to a lower court are possible.

“In 10 years [working for the City Attorney’s Office], I’m never seen an outcome that could go in so many different directions,” Dorsey told us.

If the ruling invalidates Prop. 8, that decision would be formalized in about a month, then returning jurisdiction over the case to the Ninth Circuit Court of Appeal, which will then issue a formal notice of decision that gives it the force of law, according to a June 11 memo the City Attorney’s Office wrote for other city officials.

It notes, “Depending on how the Supreme Court decides the case, marriages could resume as soon as mid-to-late July.”

Examiner sues Chronicle, alleging predatory ad-pricing scheme

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Today the San Francisco Newspaper Company, which owns the Bay Guardian, announced it was suing the Chronicle, accusing it of below-cost competition. You can read the story, by Joe Eskenazi, below. –Ed.

The parent company of the San Francisco Examiner sued the Hearst Corporation Tuesday, accusing its San Francisco Chronicle of illegally targeting Examiner advertisers with secret, below-cost rates in an attempt to bleed the smaller paper.

The San Francisco Newspaper Company, which owns the Examiner, SF Weekly, and the San Francisco Bay Guardian, alleges that the Chronicle offered ad space to advertisers for a fraction of its cost on the condition that the advertisers not buy ads in the Examiner

“Hearst has demanded and obtained agreements from key advertising customers, which preclude those customers from purchasing any advertising space from the Examiner for a period of a year or more,” the suit said. “In many cases, these discounts were specifically conditioned on the advertiser agreeing to purchase advertising services exclusively from Hearst and requiring it to stop doing business with the Examiner. The suit calls for an injunction prohibiting the Chronicle from selling below-cost ads. The suit also requests financial damages “in an amount to be proven at trial.” Per the law, that dollar figure could then be tripled.

The California Unfair Practices Act limits a business’ ability to sell goods or advertising below cost. It also prohibits secretly offering varying rates to different customers for the same services, or doling out “loss leaders. A loss leader is a giveaway or deep discount on additional services used as an incentive to sweeten a separate deal. In one such instance, the suit says the Chronicle threw in $200,000 worth of free ad space in a deal with one advertiser.

The Examiner claims that Hearst engaged in all three of these activities, which are proscribed by the state’s Unfair Practices Act.

This is the same state law that SF Weekly’s former owner, New Times, was found to have violated in selling ads below cost with a purported intent to sink the then-independent Bay Guardian. The Guardian ultimately was awarded $15.6 million — though later accepted a much smaller, undisclosed settlement. Ironically, both the Weekly and Guardian were subsequently obtained by the San Francisco Newspaper Company.

The allegations against the Chronicle are reminiscent of those made against New Times: The larger company is accused of using profits from its other cash-generating properties to subsidize below-cost competition against the Examiner, which lacks similar resources. Some of the players are even the same: The Examiner’s lead counsel Ralph Alldredge helmed the Guardian’s successful case.

Greg Gilchrist, another Examiner attorney, claims the paper can produce material evidence proving the Chronicle not only targeted Examiner advertisers with deep discounts — as low as $1,000 “or even less” for full-page ads listed at between $59,000 and $92,000 on the Chronicle’s advertising rate card — but, on occasion, demanded exclusivity in return for secret and preferential rates.

“We believe they are backing up their below-cost pricing with exclusivity obligations — and that makes it very hard to compete,” Gilchrist said. Who’s getting a deal and who’s paying retail isn’t coincidental, the suit alleges. “We believe when discriminating and charging secretly low prices, they were particularly apt to do that when they were identifying past, current, or prospective Examiner advertisers,” Gilchrist said.

When advertisers purportedly informed Examiner executives that they’d received Chronicle offers too good to refuse — and they could no longer work with the Examiner — management at the papers started talking. Examiner President Todd Vogt met with the Chronicle’s Frank Vega, Mark Adkins, and Jeff Bergin. The suit claims that the Chronicle executives professed ignorance of the alleged scheme.

In mid-May, Adkins, the Chronicle’s former president, was transferred to Hearst’s paper in Beaumont, Texas. This move was characterized as a “promotion” by Vega, the paper’s publisher — who abruptly retired one week later. Bergin remains the paper’s vice president of advertising. All three are named as co-defendants in the case.


Protesters to be awarded $1 million settlement in mass arrest lawsuit

A federal judge has granted preliminary approval for a settlement of more than $1 million to a group of 150 activists who were mass arrested in Oakland three years ago. The National Lawyers Guild filed the federal class action civil-rights suit on behalf of the protesters, who in some cases were held for more than 24 hours despite never facing formal charges.

The mass arrest took place on Nov. 5, 2010, when activists marched in opposition to the light sentence handed down to Johannes Mehserle, the former BART officer who was tried for murder after he shot and killed unarmed BART passenger Oscar Grant.

After winding through the streets in downtown Oakland, protesters took a turn toward Fruitvale Station, where Grant was fatally shot. But instead, police in riot gear forced them into a residential neighborhood where they were kettled in and mass-arrested for unlawful assembly.

There’s a process for making mass arrests that is clearly laid out in OPD’s crowd control policy, “to comply with California law and the U.S. constitution. That would involve giving a warning, and then allowing people to disperse,” Rachel Lederman of the NLG points out. “This was a perfectly legal demonstration,” and with the exception of one or two individuals who vandalized bus windows during the march, the vast majority of protesters did not engage in illegal activity.

Instead of being cited and released, or simply allowed to disperse once police declared the march to be “unlawful,” the 150 demonstrators who were penned in by police were sent through a long and uncomfortable booking process, Lederman said. They were left sitting on the street, then loaded onto buses and vans where they were made to wait, still handcuffed, for up to 6 hours in some cases. (Note: This reporter was kettled in along with protesters initially but then allowed to leave when police created an exit for members of the media. From there, all reporters were sent to an area cordoned off by police tape, where it was difficult to observe the arrests. So reporters were essentially given the choice between being sent to jail, which would have made it difficult to file a timely story, or being roped off in an area far from where police activity could be observed. But that’s a different story.)

The Alameda County Sheriff’s Department then sent demonstrators through a lengthy jail booking process, even though in similar circumstances, arrestees have typically been cited and released. They were placed in overcrowded, temporary holding cells with no beds and no chairs. “People needed medical attention that they didn’t get,” Lederman said. “No food was provided for more than twelve hours after our initial detention,” noted plaintiff Katie Loncke. “There was no room to lie down. I sat up against a wall for the entire night.”

Lederman said she expects protesters who were part of the class action suit to receive somewhere around $4,500 each in settlement payments. In addition to the monetary payment, the settlement agreement reaffirms and reincorporates OPD’s crowd control policy for up to seven years.

That policy dates back to 2004, when the NLG and the American Civil Liberties Union jointly drafted the regulations in the wake of an anti-war demonstration where police fired rubber bullets into the crowd, resulting in serious injuries and intense scrutiny on the police department’s practices.

While OPD complied with the crowd control policy in the first years after it was implemented, Lederman said, there were relatively few mass mobilizations in the streets of Oakland until those mounted in response to the Oscar Grant shooting. Those street demonstrations were followed by 2011 mass marches organized in conjunction with the Occupy movement.

“Our primary goal, and our clients’ primary goal, was to stop” unlawful police practices that violated OPD’s crowd control policy, Lederman said, “so that people can be freer to organize on the streets.”

Netroots Nation: How to make a comeback

At Netroots Nation the central focus on the how, and not so much the why. Everyone here knows why austerity is devastating, why women need ready access to birth control, and why blank-industrial complex is morally reprehensible. But not everyone necessarily knows how marriage equality made a comeback in 2012, or how one goes about convincing your Nebraska Republican farmer father to believe in climate change. At Netroots, your network is your net worth. 

A noteworthy panel of the day was “Moving the Needle: How We Won the Gay Marriage Fight,” spotlighting an issue where the left has made considerable progress. Remember the days when Feinstein was trying to stop Newsom from issuing gay marriage licenses? That was less than a decade ago; today, even Republican senators from Alaska endorse gay marriage.

In 2009, the pro-gay marriage team lost at the ballot by 33,000 votes, three years later the good guys won by 38,000. Ian Grady, communications director for Equality Maine, explained “that their main message of ‘equal rights for all’” lacked the emotional resonance to persuade swing voters and “left the LGBT community vulnerable to the civil unions argument.” In 2012 when Equality Maine pivoted to showcasing a marine talking about his two moms and a grandfather’s emotional speech about wanting to see his granddaughter get married, their research overwhelmingly showed that the impact of emotional persuasion. PR pro tip for liberals and progressives: evaluate and reevaluate ideas that look like no-brainers to you and know that style (communication) is just about as important as substance (ideas).

Closing out the first day was the pep rally! Liberal stalwarts Howard Dean and Barney Frank, activist Sandra Fluke, Speaker of the California House John Perez, Senator Jeff Merkeley, and a video appearance from Obama all reiterated the message, and provided a much-needed respite from the dysfunctional state of our government by reminding us of the progress our issues have made and inspired us to keep on keeping on.

Netroots Nation Stats:

# of Google Glass Sightings: 2

# of White people flubbing “Si Se Puede!”: 3

# of Ignored interview requests sent from me to Congresswoman Pelosi’s office: 4

# of Times I heard “The president is not perfect” or some variation there of: 6

# of Times some crazy guy called the American people slaves to Congressman Mike Honda’s staff: I lost count after 6.

# of points Chris Bosh and Mike Miller scored in game 7 of the NBA Finals: 0

# of New media/tech-oriented panels on day one: 12

Panel sees Orwellian overtones in NSA spying scandal

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It is now public knowledge that the NSA has been spying on us (unless you’ve been living under a rock and, lucky for you, exempt from digital surveillance) thanks to the information leaked by Edward Snowden last week.

In the wake of this scandal, people crowded into St. John’s Presbyterian Church in Berkeley on Tuesday, June 11, to participate in a panel discussion titled “Our Vanishing Civil Liberties,” centered around the intricacies of government intrusion and spying in the age of the War on Terror.

Among the panel members were Daniel Ellsberg, famed leaker of the Pentagon papers; Birgitta Jónsdóttir, member of the Icelandic Parliament; Normon Solomon, activist and author; and Nadia Kayyali, a legal fellow with the Bill of Rights Defense Committee.

As Kayyali noted, we now know about the NSA’s capability of obtaining the metadata for all domestic phone calls in the United States, which can include the call length, who you’re calling and in some cases the location of the phone calls.

So is Snowden a patriot or a traitor? For the panel members, the answer was obviously in support of the former. However, for California’s own US Sen. Dianne Feinstein, whose name the crowd constantly met with a crescendo of hissing, Snowden is a criminal, guilty of treason.

Solomon rallied against officials like Feinstein, who he believes should not be entrusted with the protection of our privacy. “What we discover is that the leaders in Congress, the leaders in the White House, the leaders in the courts unfortunately as well cannot be trusted with our lives and that includes our civil liberties,” he said.  

Ellsberg spoke of the comparisons between Snowden and Bradley Manning, an ex-U.S. soldier arrested in 2010 for leaking classified information to WikiLeaks, noting that Manning’s leaks dealt solely with issues “over there,” specifically in Iraq and Afghanistan, while Snowden’s case is inherently more domestic.

“The American people, like other humans, are unfortunately not that concerned about what is done to people over there,” said Ellsberg. “Especially when their leaders tell them that it is necessary to their safety. What strikes me about Snowden is that it affects us, you, everybody.”

However, the repercussions of Snowden’s leak are not solely rooted in America. Jónsdóttir informed the crowd that many European Union countries are concerned with the extended power of the NSA. 

“Our leaders in the many different countries in Europe are so worried about this probing into the privacy of citizens of the EU that they are thinking of building a fortress around Europe to protect us against the surveillance and the invasion of our privacy from the United States,” said Jónsdóttir.

Our challenge now, as Ellsberg stated, is escaping the abyss of unchecked government surveillance. But can we do it? For this question, Ellsberg didn’t have an answer.

The panel raised intertwining issues of government overreach and public apathy, painting the picture of a United States embodying the Orwellian dystopia of 1984 combined with Aldous Huxley’s portrait of apathetic hedonism in Brave New World.

However, Kayyali appeared optimistic for the future, calling upon education and public discussion as the only potential to escape from the intrusive acts of the NSA.

“Never stop educating yourself,” Kayyali told the crowd. “Take everything that you’ve learned here tonight and share it with those around you. The only way we are going to see any change is if we have an educated populace, something that we are severely lacking right now.”

Without action, Ellsberg warned of the potential for a country in which privacy is nonexistent, or what he colloquially refers to as, “The United Stasi of America.”

In her closing statement, Jónsdóttir offered this coda in the form of a poem: Now is the time to yield to the call of growth, to the call of action. You are the change makers. Sleepers of all ages, wake up now.”