City Hall

Developer hypes art; screws artists

It’s late afternoon in Building 101 of the Hunters Point Shipyard artists’ colony, and Richard Bolingbroke has his forehead in his hands. The studio complex, which began as a squat in the 1970s, has been an artists’ sanctuary for decades, drawing flocks of curious visitors and housing internationally acclaimed residents. Bolingbroke has been there 17 years. “It’s like a sacred space,” he says.

But now, he and 15 other artists have been snagged in a minor wrinkle of the massive Hunters Point Shipyard redevelopment project—and they’re being told they’ll have to vacate. 

Lennar, the project developer, is using the artists’ presence as a selling point to market homes in the new neighborhood. Billboards touting art line the entrance to the site, where construction is expected to begin soon.

Lennar is obligated to relocate Eclectic Cookery, a commercial kitchen housed in a different shipyard building that’s slated for demolition. Under a scheme that caught many by surprise, the developer intends to demolish artist studios in one wing of Building 101 to make way for the kitchen.

Representatives of Lennar, the project developer, said at a Jan. 23 meeting that displacing 16 of the 150 artists now situated in Building 101 is the only workable solution.

Iconic poet and painter Lawrence Ferlinghetti has a studio there. He won’t be impacted, but he emailed fellow artists expressing disapproval. “As a 32-year resident in Building 101, I am shocked by the way the city and Lennar are evidently willing to break their promise that 101 will be maintained solely as artists’ studios,” he wrote. “Allowing any commercial business to move into 101 opens the flood-gates to further evictions of artists. I hope this is not really the city’s long-range plan!”

The artists have been promised temporary spaces with subsidized rent, and eventual accommodations in newly constructed studios. But their rents are expected to increase in the long term. Beyond their tenancies, the move would trigger a permanent loss of affordable, highly sought-after studio space in Building 101.

Some have had studios in the World-War-II era complex for more than two decades, allowing them to continue practicing their craft in ever-pricier San Francisco.

“If I don’t leave this space, my rent won’t change,” said Travis Somerville, who was preparing for a show at the Crocker Art Museum when the Guardian stopped by his studio. Somerville has been there since 1989, and he’s dedicated himself to making art full-time. Lennar’s proposed arrangement “would not only force me off the shipyard,” he said. “It would force me out of San Francisco.”

At the Jan. 23 meeting, Lennar joined representatives of the San Francisco Redevelopment Agency in hashing out the unpopular plan.

Company representative Jack Robertson broke it down in economic terms. “We’re a profit-motivated company here,” he said. “The city negotiated, very shrewdly, to require us to spend a whole lot of money up front for a whole bunch of community benefits. … We’re not getting anything out of that at all. And we’re not trying to. What we’re trying to do is make it work.”

Stacey Carter, an artist whose work is on display in Sup. Malia Cohen’s City Hall office, alerted Cohen to the issue, since her district includes the shipyard.

“The artists have been at the table, in the discussions, for a very long time. They’re an asset to the community,” Cohen told the Guardian. “We have been in touch with them, and my staff is very aware of their concerns.”

The multi-billion dollar redevelopment project will transform the landscape with 20,000 new homes, parking, and shopping amenities. It’s being financed in part with a $1.7 billion loan from a Chinese bank. Plans to accommodate the artists and the kitchen have been in the works for years, but Lennar realized only recently that its original plan for relocating Eclectic Cookery was unrealistic.

Scott Madison, who runs the commercial kitchen, is a longtime ally of the artists. He serves small businesses that can’t afford their own industrial kitchens, such as a client who cranks out 1,200 empanadas a day.

“We really want to stay on the shipyard,” Madison told the Guardian. “It has been known for a good many years now that Eclectic Cookery would likely need to be relocated. But it seems to be the nature of Lennar’s process that they don’t consider something until it’s right in front of their face.”

When Lennar first approached him about Building 101, Madison said, “We told them that this was not our first choice, because we definitely did not want to [cause] anybody to lose their studio.”

Lennar has indicated that any other option would either be too costly, or would disrupt the construction schedule. Delays translate to lower profitability.

Bolingbroke views the whole snafu as a culture clash between businesspeople and artists, and links it to a broader problem facing San Francisco. “It’s a bit like a tree,” he said. “Artists are like the roots. You can’t see them — but if you cut the roots off, the tree will wither and die.”

Nina Hartley mash notes, PETA gets naked, crafty vibes: Your week in sex events

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Everyone survive the bused-in loads of pro-lifers prancing down Market Street last Saturday? Good. FYI, the Pope’s real happy with San Francisco right about now, so if you need to ask him for anything (to borrow clothes?) do it.

Real Talk forum: “Open Relationships”

Real talk: being happy in a polyamorous relationship doesn’t mean you don’t ever get jealous. Real Talk: a series of panel discussions organized by the San Francisco AIDS Foundation that explores the issues related to gay men having happy and healthy sexual lives. The last discussion focused on serosorting — this one’s for those interested in strengthening their open relationship by examining what makes us jealous, and how to work through the emotion. 

Wed/30, 6-8pm, free. LGBT Community Center, 1800 Market, SF. www.sfaf.org

American Apparel casting call/”Shop It Like It’s Hot”

Look pretty, sullen, and emaciated at this mega discount shopping event — in addition to slashed sales prices on lewks from Crossroads Trading Co., RoyalMint, Covet Boutique, Meggie, Violet Boutique, Thrifted and Modern, Alyssa Nicole, and Acrimony, American Apparel will be hawking their solid color essentials and looking for models. Enter IMCHICSF in when you buy your online ticket and you’ll get $10 off. Also: there will be a food cart.

Wed/30, 6-9pm, $20. 111 Minna, SF. www.111minnagallery.com

PETA jumps on Nude-In train

Really, the cwazy vegans over at PETA need little excuse to get naked, but we are glad that they chose this one: the cwazy nudiest are protesting cwazy Scott Weiner’s impending nudity ban (again), and they’re doing it on the steps of City Hall again, and PETA will be there drawing the correlation to the fur trade by hoisting protest signs in the buff. Of course! Insert some tounge-clicky, chuckling “only in San Francisco” condescension — then take your clothes off and join fray.  

Thu/31, noon, free. Outside City Hall, SF. www.peta.org

“Letters to a Porn Star: Nina Hartley Fan Mail”

First off, the Center for Sex and Culture has a Nina Hartley collection and that’s really exciting. Secondly, selections from said collection will be on display, in all their fawning/questioning/pervy glory, at the Center until mid-March. Tonight, take in the letters, gifts, and trinkets sent to the classically amazing pioneer feminist porn star — and check out a talk by Ingrid Olsen, a CSC fellow who has been elbow-deep in Nina land. 

Through March 18. Opening reception and talk: Fri/1, 7-10pm, free. Center for Sex and Culture, 1349 Mission, SF. www.sexandculture.org

Feelmore Fresh Fridays

Every last Friday, downtown Oakland adult store and sex culture hub Feelmore510 hosts an evening of naughty film at the recently-opened New Parkway. We guess tonight’s showing could be sexy, but in a deeply disturbing way: the film is 2010’s Venus Noire, a bio-pic of Saartjes Baartman, a woman from Southern Africa who was trotted about imperialist Britain billed as a Hottentot. Scientists examined her anatomy and proclaimed her the missing link between humans and apes, and she wound up dying from STDs and pnuemonia at 27. A valuble lesson about psuedo-science and sex, but you’ll probably be using that tissue to wipe away tears rather than any other bodily fluid.

Fri/25, 11:30pm, $10. New Parkway Theater, 474 24th St., Oakl. www.thenewparkway.com

Good Vibes vibrator bling contest

You’ve gotta buy a Good Vibes vibe to play the game (not end of world), but then with a little peacock feather, ornamental zipper, and g-l-i-t-t-e-r you can enter this Good Vibes sex toy crafting contest. The fancified vibrators will be on display at the Polk Street sex shop location during March, and winners of the competition will win gift certificates for the store. Deadline to enter your little friend (we assume they want them to be unused, but don’t let us impose our Puritanical values on your creativity)

Deadline to enter Feb. 28. Deliver by hand or mail to Good Vibrations, 1620 Polk, SF. www.goodvibes.com

Condo conversion legislation on hold for now

Following a contentious five-hour hearing, a committee of the Board of Supervisors postponed voting on a controversial housing proposal, and agreed to revisit the issue on Feb. 25. Over the next few weeks, opposing sides are expected to negotiate a possible alternative.

Authored by Sups. Scott Wiener and Mark Farrell, the proposed condo conversion impact fee would have allowed as many as 2,000 tenancy-in-common (TIC) units to be immediately converted to condos for a fee, allowing owners to bypass a housing lottery system that places an annual cap on conversions.

While TIC owners voiced frustration about the backlogged lottery system, tenants expressed fears that the legislation could give rise to a wave of Ellis Act evictions if landlords or speculators interpreted it as a signal that lucrative condo conversion would be easier to achieve.

Prior to the hearing, a group of tenants gathered in front of City Hall in a show of opposition to the condo-conversion legislation, waving signs that read, “Stop the Attack on Rent Control.”

“The reality is, if this legislation passes, there will be more evictions in San Francisco,” said Tommi Avicolli Mecca of the Housing Rights Committee, who spoke at the rally.

Tenant advocates worry that the legislation would result in a permanent loss of affordable, rent-controlled units from the city’s housing stock, at a time when rents are soaring. When landlords rent out their condos or TICs in San Francisco, there’s a key difference: TICs are covered by rent control, but condos are exempt.

“I’ve been evicted three times,” one woman said while addressing members of the Land Use & Economic Development Committee. “I know so many people who have gotten evicted. I don’t know anyone who’s won their case against eviction.”

During the hearing, Farrell adopted a defensive tone against critics who’d described the proposal as an attack on rent control. “The tactics that these opponents have deployed is out of line,” he said. To assuage concerns, he noted that he and Wiener had included a provision guaranteeing lifetime leases for existing tenants in units that qualified for condo conversion under the program.

But Sup. Jane Kim drilled down on this detail, questioning whether such an agreement would be legally enforceable in the long run. In response, a representative from the City Attorney’s office said he thought the provision was on solid legal ground, but noted that the specific matter “has not been litigated before,” meaning there is still a question as to whether it could withstand a court challenge. When Kim asked if any funding was set aside to enforce these lifetime leases, the response was “no.”

Board President David Chiu proposed holding off on a vote for several weeks. “I do not support the legislation in its current form,” he said. If the current generation of TIC owners were allowed to convert this time, he explained, the next generation’s frustrations with the housing lottery would only “lead us back to an identical debate in a short period of time.”

Kim echoed this point. “My concern was that … folks were looking at this legislation as an ice-break for more condo conversion,” she said just after a public comment session that lasted several hours. And she acknowledged that there is a larger problem to consider. “It’s very tragic that we have set up a situation where [TICs and renters] are pitted against one another,” she said.

Herrera steps up his crackdown on surcharge fraud by restaurants

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City Attorney Dennis Herrera has stepped up his efforts to ensure San Francisco restaurants aren’t committing consumer fraud with their healthcare surcharges – by pocketing money collected from diners ostensibly to cover their city obligation to provide health coverage to employees – offering an amnesty period for following city law.

At a City Hall press conference on Friday – flanked by Sups. David Campos and David Chiu, Assembly member Tom Ammiano, and local restaurant employees – Herrera announced an investigation and enforcement effort targeting dozens of local business who have reported spending less on employee health care than they collect from customers for that purpose. They will receive letters this week urging voluntarily compliance during an amnesty period, after which they could be hit with lawsuits and civil penalties.

“The enforcement program we’re launching today isn’t simply to protect employees and consumers from surcharge fraud – it’s also to protect the vast majority of competing restaurants that follow the law and provide health care benefits to their workers,” said Herrera. “We San Franciscans take great pride in a vibrant local restaurant scene that enriches our neighborhoods, employs thousands of our residents, and serves millions of tourists each year. And it’s unfortunate that the illegal business practices of a relative handful of bad actors require the creation of this enforcement initiative.”

The City Attorney’s Office is refusing to release the list of restaurants that will receive the letters, calling it an ongoing investigation that exempts the list from public disclosure. But the office did furnish reporters who asked with a spreadsheet from the city’s Office of Labor Standards Enforcement, which ensures compliance with the landmark Health Care Security Ordinance that Ammiano authored as a supervisor, going into effect in 2008 and creating the Healthy San Francisco program.

That list includes many well-known restaurants. Topping the list is Mina Group LLC (which includes restaurants Michael Mina, RN74, Bourbon Steak, and Clock Bar) collecting $539,806 and spending $211,809, Wayfare Tavern collecting $303,207 and spending $68,018, Layers LLC (owners of Paxti’s Pizza, which Herrera’s reached a settlement with two weeks ago), Squat & Gobble collecting $160, 498 and spending nothing on employee health care. Others on the list include Cheesecake Factory, Max’s Opera Cafe, Asia SF, Burgermeister, Folsom Pie, Cafe Bellini, and One Market Restaurant.

Golden Gate Restaurant Association Executive Director Rob Black lashed out at Herrera’s office for releasing that list and media outlets for publishing it, claiming that he’s talked to many of those restaurateurs and that they had filled out the forms wrong or that they simply hadn’t yet spent the surcharges collected even though the funds may be set aside for employee health care.

“They aren’t committing fraud, which is the accusation by the city attorney, just because of errors in filling out a form,” Black said, urging the public to reserve judgment until the investigation is complete.

But it’s hard to feel too bad for GGRA or the member restaurants that aggressively contested and then sued the city over the health care law, appealing it all the way to the Supreme Court, then turned around when they lost and used deceptive (and sometime fraudulent) surcharges to single out those costs for customers.

According to a press release put out by Herrera’s office:

“The City Attorney’s target letter outlined conditions worst-offender restaurants must take steps to meet by a deadline of April 10, 2013 to come into legal compliance, and avoid civil litigation by Herrera’s office for pocketing customer surcharge money intended to fund employee health care benefits.  
* Worst-offenders must provide an accounting to City Attorney investigators for all health care surcharges collected during the period from 2009 to 2011, along with health care expenditures pursuant to the Health Care Security Ordinance, or HCSO, for that time period.
* Worst-offenders must distribute 50 percent of unallocated health care surcharge funds  to employees who worked for the company during the time surcharges were imposed on customers, covering the years 2009 to 2011, in accordance with City Attorney instructions.
* Worst-offenders must remit amounts unredeemed by their eligible employees to the San Francisco City Attorney’s Office for the purpose of funding future enforcement of the HCSO and other consumer protection laws.
* Worst-offenders must attest that they will refrain from committing further consumer fraud and remain in full compliance in good faith with the HCSO going forward, in accordance with City Attorney instructions.”

In his press conference, Herrera emphasized the “relative handful” of restaurants targeted by his office, just a few dozen in a city with thousands of restaurants. But he also said that his office is aware of restaurants that use the surcharge without even reporting to the OLSE as required, so both the amnesty program and his investigation goes beyond just the restaurants who get letters.

“I’m tremendously gratified by this very statesmanlike and generous gesture by the City Attorney’s Office, Mr. Herrera in particular,” Ammiano said. “I feel somewhat parental toward this program, the Health San Francisco program. It was a hard fight to get it and it’s been successful, so any attempts to sully it, minimize it, or water it down get my dander up.”

Roe v. Wade anniversary inspires flash mob, pro-choice rally, and pro-life march in SF

Remember when a dance revolution broke out in Justin Herman Plaza during Occupy San Francisco? This coming Saturday, the same choreographers behind that flash mob for economic justice plan to reignite the public square, this time with a flash mob organized in collaboration with the Silver Ribbon Campaign to commemorate the 40th Anniversary of Roe v. Wade.

“Roe v. Wade is an invitation to really celebrate women, women’s rights and women’s reproductive rights,” says Magalie Bonneau-Marcil, director of Oakland nonprofit Dancing without Borders, who will direct the Jan. 26 flash mob. She expects between 400 and 500 dancers to descend upon the plaza.

The performance is part of a larger event, Women Life & Liberty, organized to commemorate the landmark Supreme Court decision that made abortion legal in the United States. The Trust Women Silver Ribbon Campaign is organizing the free celebration in tandem with the National Organization for Women and a coalition of more than 20 local partners.

“Our sense was, it’s an opportunity to claim and reclaim, and revive our activism around the issues that this event is about,” Silver Ribbon Campaign Director Ellen Shaffer told the Guardian. The rally is part of a national effort that has also launched an “online march” for reproductive rights.

Birth control champion Sandra Fluke, who became the center of a firestorm after being lambasted by Rush Limbaugh for testifying before Congress on the need for access to birth control, will speak at the rally.  Other speakers will include filmmaker and Webby Awards Founder Tiffany Shlain, and San Francisco Supes Malia Cohen, David Campos, David Chiu and Eric Mar, who joined the board in adopting a December resolution commemorating the 40th anniversary of Roe v. Wade.

Meanwhile, an international campaign to end violence against women will also play a role in this weekend’s events. Upon returning to the Bay Area after a dance festival in Europe, Bonneau-Marcil says she saw Eve Ensler’s music video promoting VDay’s 1 Billion Rising Campaign, created to spark a global movement to end violence against women. “I was so moved,” she says.

Inspired, she began making preparations for the Jan. 26 performance and an upcoming Feb. 14 flash mob, to be staged in front of San Francisco City Hall in league with VDay’s global movement.

With recent outrage fueled by the rape and fatal attack in India, the public performances are timely. Bonneau-Marcil describes the public dance gatherings as a way for participants to “share a prayer to create a world free of violence and sexual oppression.” 

But there’s likely to be drama, as the Women Life & Liberty celebration is one of two dueling events. Walk for Life West, essentially the polar opposite of the Trust Women Silver Ribbon Campaign, is being spearheaded by San Francisco pro-lifers Dolores Meehan and Eva Muntean. Now in its ninth year, the annual event will bring hordes of anti-abortion activists to San Francisco, wielding dead fetus photos. They’ll travel from as far away as Nevada, Canada and “all over the Midwest,” according to Muntean. “We have 200 buses coming from all over the West Coast,” she said.

The anti-abortion rally will feature speakers such as Rev. Clenard Childress, who has built a career out of telling right wing Christians that the pro-choice movement is racist. (Seems Childress also spends his spare time penning inflammatory columns suggesting that acceptance of LGBT rights is “a sign of the end times.”)

The pro-life rally will converge at Civic Center Plaza and progress to – where else? – Justin Herman Plaza. There, according to the event page, revelers from the transformative flash mob may still be celebrating. Expect an awkward buzz kill.

This being San Francisco, plans are already being hatched to counter-protest the anti-abortion event. (Muntean emphasized that Walk for Life West should not be interpreted as counter-protest to the Women Life & Liberty event, by the way.)

Stop Patriarchy, made of up activists who are pro-choice, anti-Democratic party, and even anti-pornography since they deem it to be part of the war on women, plans to stage “boisterous and confrontational political protests throughout the week, taking on the Pro-Lifers who will be in San Francisco,” according to a press release. They’ll be there counter-protesting the Walk for Life with banners and signs declaring, “Abortion On Demand and Without Apology!”

Bonneau-Marcil, the flash mob director, says she’s trying to stay out of any back-and-forth that may come from warring factions. “We’re not pointing fingers,” she says. Instead, she’s on a mission to help dancers move in harmony to “access a place where, it’s not about opinions. It’s just about remembering who we are as human beings.”

The Women, Life & Liberty rally will be held at Justin Herman Plaza from 10 a.m. to noon. The Dancing Without Borders flash mob performance will take place at 11:30. Anyone can join the flash mob after attending two rehearsals: more info here. The Walk for Life West rally will converge at 12:30 at Civic Center Plaza and begin the procession to Justin Herman at 1:30. More info here, here and here.

Alerts

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THURSDAY 24

Forum: What’s Next for Progressives

Unitarian-Universalist Center, 1187 Franklin, SF. tinyurl.com/pdasf-prog. 7-9pm, free. “Why wait years to challenge the rightward momentum coming from the top of the Democratic Party?” Author and activist Norman Solomon writes in a recent essay. “There is no better time to proceed … than right now.” At this public forum sponsored by the San Francisco chapter of Progressive Democrats of America, Solomon will join panelists Karen Bernal, chair of the Progressive Caucus of the California Democratic Party, and Jodi Reid, executive director of the California Alliance for Retired Americans, in an exchange of ideas for advancing progressive ideals in national politics.

MONDAY 28

Rally to Stop Attack on Rent Control City Hall, 1 Dr. Carlton B. Goodlett, SF. tinyurl.com/for-tenants. 12pm, free. Join housing activists for a rally on the steps of City Hall to fend off proposed legislation that could result in an increase in tenant evictions to make way for condominiums. After the rally, make your voice heard at a public hearing of the Board of Supes Land Use Committee at 1 p.m.

MONDAY 28

Benefit for Strike Debt Roxie Theatre 3117 16th St., SF. tinyurl.com/no-debtBA. 7:30-9:30pm, $10. “You Are Not A Loan” is a fundraiser for Strike Debt Bay Area, a regional chapter of the Occupy Wall Street-affiliated Strike Debt, created to “foster resistance to all forms of debt imposed on us by the banks.” Featuring performances by the legendary Jello Biafra, comedians Sean Keane, Kevin O’Shea and others; drag star Lil’ Miss Hot Mess, and more.

SATURDAY 26

Roe v Wade: 40th Anniversary Celebration Justin Herman Plaza, SF. 10am-noon, free. Join this community celebration for women’s rights. Featuring appearances by Dancing without Borders’ One Billion Rising Dance Flash mob, balloon twisters, airbrush tattoos, a facepainter, Bubble artist Sterling the Bubblesmith, live music by Trapdoor Social, pro-choice banners and speeches by legal abortion pioneer Pat Maginnis and other community advocates. Silver Ribbon to Trust Women coalition.

The inauguration and the economic divide

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Second inaugration speeches are hard; you have to be political without sounding partisan, inspiring without being divisive — and promise change and progress even if you haven’t accomplished what you wanted in the first term. The Obama address surprised me: He went left, making clear that he wants economic and social equality to be his final legacy. It’s getting rave reviews in the lib-blogosphere, where it’s been described as the speech liberals have been begging him to give for years. You can’t argue with the content — he mentions gay rights, global climate change, equal pay, protecting social security, economic inequality, the need for collective effort … he even talks about reforming the tax code.

So now comes the hard part: The struggle for economic justice has to go beyond a compromise plan that limits higher tax rates to people earning more than $400,000 a year.

In fact, the best thing I read this weekend was a NY Times piece by Nobel-Prize-winning economist Joseph Stiglitz, who argues forcefully that continued economic inequality is prolonging the recession. It’s also destroying the nation’s future:

Our skyrocketing inequality — so contrary to our meritocratic ideal of America as a place where anyone with hard work and talent can “make it” — means that those who are born to parents of limited means are likely never to live up to their potential. Children in other rich countries like Canada, France, Germany and Sweden have a better chance of doing better than their parents did than American kids have. More than a fifth of our children live in poverty — the second worst of all the advanced economies, putting us behind countries like Bulgaria, Latvia and Greece. Our society is squandering its most valuable resource: our young.

Stiglitz says what few in Washington want to admit: We can’t get the economy going again without rebuilding the middle class, and we can’t do that without higher taxes on the rich and a lot more public investment in education. Oh, and all this talk of how it’s out of our control is bullshit:

There are all kinds of excuses for inequality. Some say it’s beyond our control, pointing to market forces like globalization, trade liberalization, the technological revolution, the “rise of the rest.” Others assert that doing anything about it would make us all worse off, by stifling our already sputtering economic engine. These are self-serving, ignorant falsehoods. Market forces don’t exist in a vacuum — we shape them. Other countries, like fast-growing Brazil, have shaped them in ways that have lowered inequality while creating more opportunity and higher growth. Countries far poorer than ours have decided that all young people should have access to food, education and health care so they can fulfill their aspirations.

Makes me think about some of what I hear out of San Francisco City Hall. Oh, we can’t do anything about economic inequality; that’s a national issue. Or maybe it’s a state issue. I bet there’s not an elected official in town today who woudn’t proclaim complete agreement with everything Obama just said — and there are very few of them who are trying to bring that message back home.

In San Francisco, we give tax breaks for businesses that create high-end jobs that drive poor people out of town. We happily seek development without considering the impact it will have on existing vulnerable populations. We even struggle over free Muni for low-income youth. We do nothing — nothing — to reclaim wealth from the 1 percent and put it into local housing, public education, and job-training that could make a dent in our local economic inequality.

Mr. Mayor: Are you even paying attention?

 

 

 

 

 

 

The (bad) Warriors deal, by the numbers

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Rudy Nothenberg, who ran Muni and the city’s water system, was chief administrative officer, negotiated the deal for the Giants ballpark, and served under six San Francisco mayors, stopped by the office last week to talk to us about the Warriors Arena. We’ve had our fights with Nothenberg (as we would with anyone who was that close to Willie Brown and Dianne Feinstein) but the guy knows more about City Hall, public works, private development, and infrastructure finance than almost anyone alive. So we were happy to hear what he had to say.

Let’s be clear, here: Nothenberg lives near where the arena is slated to be built, and, as he was quick to tell us, he doesn’t want it in his backyard. But he also presented a compelling case that San Francisco is getting ripped off. And he had a few pointed things to say about the lack of negotiating skills among the members of Mayor Ed Lee’s administration.

Back when Nothenberg was talking to the Giants about a stadium at Third and King — at that point a district of dilapidated and underused warehouses — always kept a card in his back pocket. “I always knew that if things didn’t work out and we didn’t build the stadium, that would be okay too,” he said. In other words: You can’t get a good deal if you’re not prepared to walk away. And when it comes to the Warriors proposal, the mayor has made it so clear that this is his legacy that the team knows the city will never walk away. So one side of the talks can demand pretty much anything, and the other side has no leverage.

Oh, and it doesn’t hurt that just about every development lawyer, political consultant, and lobbyist in town is already working on the project. “They have co-opted everyone,” Nothenberg — no stranger to the dark side of politics — told us.

The exact terms of the deal are still not public, which is a bit odd since the city has already started its environmental review. (Can you really do an environmental impact report on a project when you don’t know what the project actually is? Two difference state courts have come to opposite conclusions, so for now the answer is: maybe.)

But there’s enough information out there for Nothenberg to give us a basic rundown on the financing — and it doesn’t look good. “The Port is really not getting anything out of the deal,” he said. The city will get some increased sales and business taxes, and the Warriors will have to pay housing and transit fees. But there won’t be a lot of new property tax revenue, since that will all go to pay for the arena.

Here’s how Nothenberg laid out his analysis:

The Warriors have to spend $120 million to replace Piers 30-32. (Costs a lot to build such a huge structure over the water.) To make the team whole, the city will sell the Warriors a seawall lot on the other side of the Embarcadero for $30 million, then give the $30 million right back to the team. Then the city will set up an Infrastructure Finance District — the 2013 equivalent of a redevelopment agency — use the future tax increments to fund a $50 million bond. The Warriors get the bond money; the city pays it back. Oh, and then the city gives the team $30 million worth of rent credits, meaning the Warriors will probably never pay any rent at all for the use of that public property. And to make it sweeter, San Francisco will pay the Warriors 13 percent interest on the rent-credit money.

Meanwhile, the local taxpayers will have to come up with a huge amount of money to increase Muni capacity, since the existing transit can’t possibly handle the load of the new arena. Yes, the Warriors, like any developer, will have to pay a modest transit impact fee — “but it’s laughable to thing that this will ever cover the capital and operating costs,” Nothenberg said.

To summarize: The wealthy owners of a professional sports team will get free waterfront land to build an immensely valuable new arena. The city will pay to bring the fans there and get them home, deal with the traffic impacts — and get almost nothing in return.

Good one, Mr. Mayor.

The Chamber of Commerce becomes even more irrelevant

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It’s been years since anyone really took the San Francisco Chamber of Commerce seriously as a political force. The verdict from the techies came in long ago; they do their own thing with their own money. Small business never got much out of the Chamber, and most of those folks have their own organizations. Even the big-business agenda was taken over for a while by the Commitee on JOBS. Then there’s SFSOS, Plan C and a bunch of other pro-business and anti-regulation groups. Rose Pak and her allies have their own Chamber of Commerce. You rarely hear anyone at City Hall worried about what the Old Chamber says or is doing.

Steve Falk, the current director, has softened the Chamber’s image a bit and tried to be somewhat diplomatic. But now this organization is about to go backwards.

If what Matier and Ross report is accurate, a former City Hall aide, former failed candidate for supervisor, and current director of the Golden Gate Restaurant Association may be the new chamber director. Rob Black seems to have a line at the top job after Wade Rose, an executive with Catholic Healthcare West, dropped out of the running:

We’re told some of the chamber’s big dogs – like the brokerage house Charles Schwab and Pacific Gas and Electric Co. – weren’t all that enamored of the soft-glove approach that Rose was promising to bring to his dealings with the San Francisco Board of Supervisors.

That jobes with what I’ve been hearing from local politicos, who’ve been saying that there were two candidates for the job — one very good and one very bad. Looks like the very good candidate (good by Chamber standards, anyway) is gone.

I don’t know Rose, but I do know that even this more moderate board of supes isn’t likely to take direction from what many see as an antidiluvean organization, a moribund old white men’s club with a ridiculous out-of-date agenda. Putting a person in charge who actually sought to build bridges (and who, by the way, might not have gone all-out for the new CPMC hospital) might have edged the Chamber back toward some sort of relevance.

But no: If Black gets the job, prepare for the Chamber to stick to its old ways, whine about everything the board does that’s even remotely progressive, issue report cards that nobody cares about — and waste its members dues. Great move.

 

 

 

 

 

 

Lamebows 2013

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marke@sfbg.com

POODLES ON PARADE Marriage, the military, nudity bans, Bravo TV: queople, why must we torture ourselves! It’s true that we are everywhere, lurking even in the aeries of stupid-headedness. But queen, please, put down that can of mentally challenged and back slowly away in your new cha-cha heels. Here I am once again to call my people out for their foibles of faggotry with the annual Lamebow Awards. Even in a banner year for LGBT wins, we still clutched a Gucci full of dumb.

The cliches write themselves: My Dearest Scott Wiener, I write this not as someone who disagrees profoundly with your “moderate” politics or your collection of Banana Republic v-neck sweaters. I write this because, this year, a supervisor named Wiener, representing the Castro, got so obsessed with a few naked guys that he rammed through a nudity ban (oh, and a bunch of other awful stuff, too) that made national news. I have to talk to my relatives back East about all this. My great-aunt-in-law almost choked to death on her turkey from laughter. Please stop.

Not helping: Mountain-out-of-molehill blogger Michael Petrelis in turn became obsessed with Wiener’s penis, attempting to snap a pic of the Supes’ member at a City Hall urinal. Not making this up. Nor this: it took too long for Petrelis’ camera from the ’90s to warm up, so he only managed a shot of Wiener brushing his teeth, post-pee. Petrelis is being sued by Wiener.

Seriously not helping though: In August, 28-year-old Floyd Corkins II, a former LGBT center volunteer, attempted to storm the Washington, DC headquarters of the Family Research Council (recently and correctly categorized as a hate group by the Southern Poverty Law Center), shooting a security guard.

You just helped, actually: We never knew we should be boycotting Sodastream products because they are manufactured in illegal Israeli settlements on Palestinian land. But thanks to a widely viewed YouTube video — in which it appears a peaceful Code Pink protest inside Sodastream-carrying Cliff’s Variety in the Castro is violently broken up by hysterically screaming Cliff’s employees — we know! Troll is successful.

The fact is, you’re late: “The fact is, I’m gay,” Anderson Cooper wrote to blogger Andrew Sullivan by way of coming out. Anderson Cooper is the Clay Aiken of our generation.

The fact is you’re veeery late: As her 50th birthday approached, Kristy McNichol came out. “She hopes that coming out can help kids who need support,” said her publicist. There are no kids who know who Kristy McNichol is.

And you’re just trapped in a closet full of spray-on hair forever now: Many, many of John Travolta‘s male masseurs “opened up” about his happy endings. His response? A horrifying Christmas album reunion with Olivia Newton John full of the most awkward sexual metaphors ever. Greased lightning!

Freedom to fly, to fail: Director Lena Wachowski came out beautifully, vocally, and powerfully as a transgender person with deep thoughts about the nature of sexual identity. Too bad Cloud Atlas had me rolling my eyes to the high heavens.

Hide your buns, hide your wings: Reviving his meme career somewhat, Antoine Dodson said she was gonna eat Chik-fil-A anyway. Well-played.

I’m sorry: Castigating Log Cabin Republicans is easier than finding Anderson Cooper on Grindr, but watching them bend over backwards to justify supporting the Tea Party party when even our president had “evolved” on gay marriage was a real hoot. Especially because they had to say “fiscal” so many times.

All of us: While we were all arguing over gay shit (as usual), a young musical genius named Frank Ocean quietly erased the goalposts and went public with his generation’s sublime, amorphous “meh” about sexual labels. Let’s catch up.

 

White men behaving (very) badly

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Could it be — the worst year ever?

I keep asking. And every time the Offies come around, I find myself boggled yet again. Our awards for the very worst — the dumbest, the most tasteless, the most truly offensive acts of the year past — keep sinking lower and lower.

But what can we do? There are still Republicans, and this year a lot of them ran for high office, and every single one made a fool of himself. There are still politicians who think you can run for San Francisco supervisor even if you live in Walnut Creek, and elected leaders who find the courage deep in themselves to prevent a bunch of old men from walking around with their sagging asses and limp dicks out.

There are still entertainers who punch psychics, and gun nuts who blame mass murder on TV sex, and … well, a whole lot of people who have made this a banner year for the Offies.

 

SUPPORT OUR BRAVE, HEROIC TROOPS! (EXCEPT THE MEN WHO FUCK MEN)

The audience at a Republican presidential primary debate booed a gay solider who called in from Iraq with a question about don’t ask, don’t tell.

 

FROM A GUY WHO HAD TO BUY OXYCONTINS AND VIAGRA ON THE STREET, THIS SORT OF THING IS AN OBVIOUS CONCERN

Rush Limbaugh attacked law student Sandra Fluke, calling her a “slut” and a “prostitute” because she testified that health-care plans should cover contraceptives.

 

THERE ARE MEN SO BRILLIANT THAT WE STAND IN AWE OF THEIR INTELLECT

Mitt Romney said he really liked Michigan because the trees were all the right height.

 

GIVING NEW MEANING TO THE 1 PERCENT

Herman Cain proclaimed that for every woman who claimed he sexually harassed her, there were a thousand others who didn’t.

 

IF WE WANTED A DRESS CODE ON AIRLINES, WE’D START WITH THOSE DREARY PILOT UNIFORMS

An American Airlines pilot kicked a woman off a flight for wearing a shirt that said “if I wanted the government in my womb I’d fuck a senator.”

 

PROBLEM IS, BUSH MADE THAT ONE A CABINET-LEVEL POSITION

Rick Perry proclaimed in a debate that he was going to do away with three agencies of the federal government, but after listing Commerce and Education, he couldn’t remember what the third one was, identifying it only as “oops.”

 

FOR SOMEONE WHOSE NAME MEANS ASS-CUM JUICE, THAT’S A REALLY PRETTY PICTURE

Rick Santorum said that he’d listened to John F. Kennedy’s speech on the separation of church and state and it made him want to throw up.

 

LOOK! UP AT THE RAMPARTS! THE MAN WITH THE HAIR!

Donald Trump, mistakenly believing Romney won the popular vote but lost the election, called the election “a sham and travesty” and called for “revolution.”

 

BUT HE COULD HELP THEM OUT WITH A FEW BINDERS FULL OF WOMEN

Romney insulted the British by saying the nation didn’t appear ready to host the Olympics.

 

FINE, JUST TAKE RICK PERRY WITH YOU

More than 50 thousand people signed a White House petition asking for permission for Texas to secede.

 

GUNS DON’T KILL PEOPLE, ATHEISM AND OVERSTIMULATED GLANDS DO. HAPPY FRIDAY, SHOOTERS!

On the same day that a gunman opened fire at a showing of the Dark Knight movie in Colorado, the National Rifle Association’s magazine sent out a tweet that read: “Good morning, shooters! Happy Friday.”

A Congressman from Texas, Louie Gohmert, argued that the Dark Knight shootings happened because of “ongoing attacks on Judeo-Christian beliefs.”

Mike Huckabee blamed the massacre in Newtown, CT on atheism. “We ask why there is violence in our schools, but we have systematically removed God from our schools,” Huckabee said on Fox News. “Should we be so surprised that schools would become a place of carnage?”

Timothy Bordnow at Tea Party nation said the shooting was caused by too much sexual stimulation in the media . “There is a reason why young people commit these sorts of crimes, and sex plays no small part. Their passions are eternally inflamed, and they wander the Earth with no outlet for their overstimulated glands.”

Megan McArdle, the Daily Beast writer, urged the victims of mass shootings to gang-rush the shooter so he wouldn’t kill as many people.

The head of the National Rifle Association said the only way to stop mass murders of school children is to post armed guards in every school.

 

WOW — THE DISTRICT 8 SUPERVISOR HAS BEEN OVERWHELMED BY A COUPLE OF OLD MEN’S FLACCID DICKS

Sup. Scott Wiener promoted a ban on public nudity in San Francisco.

 

WHEN YOU’RE A MAJOR LOSER, EVEN MONEY CAN’T BUY YOU LOVE

Michael Breyer, who has never been elected to anything, spent roughly $1 million trying to win a state Assembly seat as the candidate of “traditional San Francisco values,” and lost badly.

 

AND THESE PEOPLE ARE COOPERATING WITH HOMELAND SECURITY?

Confetti thrown in the Giants parade turned out to be lightly shredded internal police documents that included home addresses and social security numbers of officers.

 

GUESS IT’S OKAY TO PERJURE YOURSELF IF YOU’RE THE MAYOR

Mayor Ed Lee testified under oath that he’d never discussed the Ross Mirkarimi case with members of the board of Supervisors, although friends of Sup. Christina Olague said she’d been open about her talks with the mayor on the topic.

 

NOW, WHICH ONES ARE THE IRON MONSTERS OF DEATH?

A San Francisco bicyclist who was allegedly trying to beat a speed record crashed into and killed a 71-year-old man in the Castro.

 

UNFORTUNATELY, THERE’S NO MALPRACTICE STATUTE GOVERNING THAT AUGUST PROFESSION

Political consultant Enrique Pearce oversaw perhaps the worst district election campaign in history, helping Olague become the first incumbent ever to lose in ranked-choice voting in SF.

 

SOMEHOW, REPRESENTING WALNUT CREEK AT CITY HALL DIDN’T SEEM LIKE SUCH A GOOD IDEA

Union official Leon Chow dropped his challenge to Sup. John Avalos when the SF Appeal revealed that he didn’t live in District 11, or even in San Francisco.

 

 

WHEN MEN ARE JUST TOTAL DICKS: THE GOP REDEFINES RAPE

1. Divine providence rape (Rick Santorum): “The right approach is to accept this horribly created .. gift of life, accept what God is giving to you.”

2. Honest Rape (Ron Paul): “If it was an honest rape, that individual should go immediately to the emergency room.”

3. Forcible Rape (Paul Ryan): Federal law should prevent abortion except in the case of “forcible rape.”

4. Emergency Rape (Linda McMahon): “It was really an issue about a Catholic Church being forced to issue those pills if a person came in with an emergency rape.”

5. Legitimate Rape: (Todd Akin): “If it was a legitimate rape, the female body has ways to try to shut that whole thing down.”

 

CALL IT BIEBER RAGE; IT’S DANGEROUS SHIT

After a Justin Bieber concert, Lindsay Lohan punched a psychic in the face at a New York nightclub, then threw her personal assistant out of the car.

 

YEP, AND IT DOESN’T LOOK ANY BETTER THE SECOND TIME

Romney’s campaign manager said that his candidate would change his right-wing positions for the fall campaign: “It’s almost like an Etch-A-Sketch. You can kind of shake it up and we start all over again.”

 

AND IF HE GOES WITH THEM, IT WILL ALL BE WORTH WHILE

Newt Gingrich proposed sending 13,000 Americans to the Moon and creating a new state there.

 

AND WE ALL WONDER WHY THE MEDIA IS DOING SO SMASHINGLY WELL THESE DAYS

After Gabby Douglas became the first black woman to win the Olympic gold medal in all-around gymnastics, the news media reported on problems with her hair.

 

AND YOUR VIEW OF THE WORLD IS OVER, OVER, OVER, OVER

Justice Antonin Scalia, in defending his argument that sodomy is legally equivalent to murder, told law students at Princeton that the Constitution is not a living document, it’s “dead, dead, dead, dead.”

 

MAKES YOU WONDER ABOUT THE POOR SOUL WHO CAME IN AT 99

Kim Kardashian fell 90 places, to 98, on AskMen Magazine’s list of the worlds 100 most desirable women.

 

SADLY, “GOTTA CATCH ‘EM ALL” DOESN’T MAKE SUCH A GREAT CAMPAIGN SLOGAN

Herman Cain said his life’s philosophy came from a Pokemon song.

 

WE’RE GLAD THAT HIS FAITH HAS GIVEN HIM SUCH AN UPLIFTING ATTITUDE

Romney said he’s “not concerned about the very poor.”

 

HE WAS PROBABLY SHITFACED, TOO, BUT SINCE HE DOESN’T DRINK HE CAN’T REMEMBER THAT EITHER

Romney said he didn’t remember beating up a gay student at his prep school and cutting off his long hair.

 

IT’S A GOOD THING MONDAY NIGHT FOOTBALL ISN’T LOOKING FOR ANOTHER JOHN MADDEN

A full 78 percent of Americans thought Ryan Seacrest was doing a good job broadcasting from the Olympics, although most of them couldn’t figure out what he was actually doing.

 

HE ALSO TOLD US THAT TAX CUTS AND DEREGULATION WOULD IMPROVE THE ECONOMY, SO HE’S GOT A WINNING RECORD HERE

Karl Rove on election night kept insisting the Romney still had a chance to win.

 

TALK ABOUT A BLOWN COVER

David Petraus resigned as CIA director after an affair with a woman who was threatening another woman who might have had a thing for him.

 

TOO BAD — HE MIGHT HAVE HAD TO SEEK ASYLUM IN THE NEW REPUBLIC OF TEXAS

A petition to allow every American to punch Grover Norquist in the dick was removed from the White House website.

 

WE’RE WITH THE GOVERNMENT OF BELIZE; THIS MAN IS “BONKERS”

One-time software mogul John McAfee fled Belize claiming the cops would persecute him after he was sought for questioning in the shooting death of his neighbor — using a body double, faking a heart attack, pretending he was crazy, and winding up in Miami.

 

IT SUCKS TO BE STINKING RICH AND OWN FOUR HOUSES AND HAVE TO LIVE WITH REJECTION

Ann Romney was deeply depressed that her husband didn’t win the election, telling friends she though it was their fate to move into the White House.

 

AND WHEN ASKED IF SOMEONE THAT MORONIC COULD ACTUALLY RUN FOR PRESIDENT, HE SAID “I’M A REPUBLICAN, MAN”

Marco Rubio, when asked about the age of the Earth, said “I’m not a scientist, man.”

 

EASY — THE ONES WHO ARE GETTING PAID ARE THE ONES PRETENDING TO BE INTERESTED IN NASTY OLD FRENCHMEN

After Dominique Strauss-Kahn was held overnight in Lille to be questioned about possible connections between a prostitution ring and orgies he attended in Paris and Washington, his lawyer said: “I challenge you to distinguish a naked prostitute from any other woman.”

 

DUDE — THAT’S THE TERRITORY OF SERIOUS LOSERS

Vice-presidential candidate Paul Ryan lied about his time in the marathon.

 

GO AHEAD, CLINT — MAKE OUR DAY

Surprise guest speaker Clint Eastwood addressed GOP convention delegates for 12 minutes, during which he carried on an imagined dialogue with an empty chair he identified as President Obama.

 

AND YES, HE DID GET A FAIR AMOUNT OF THE STUPIDITY VOTE

Santorum told a gathering of conservatives in Washington, “We will never have the elite, smart people on our side.”

On the cheap

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Event listings compiled by George McIntire. Submit items for the listings at listings@sfbg.com. For further information on how to submit items for the listings, see Picks.

WEDNESDAY 26

Kwanzaa Celebration Bay Area Discovery Museum, 557 McReynolds, Sausalito. www.baykidsmuseum.org. 9am-5pm, free. A traditional Kwanzaa altar will greet you upon arriving at the kids museum’s celebration of African American community, featuring two performance (at 11am and 1pm) by African Roots of Jazz.

7th Annual San Francisco Celebration City Hall Rotunda, 1 Dr. Carlton Goodlett, SF. www.kwanzaasanfrancisco.com. Noon, free. Head on over to City Hall to celebrate the umoja (unity) day of Kwanzaa, the 150th anniversary of the Emancipation Proclamation. Keynote speeches from the likes of Dr. Amos C. Brown, pastor of Third Baptist Church and district vice president of YMCA San Francisco Gina Fromm.

Soul Sessions Era Art Bar and Lounge, 19 Grand, Oakl. www.oaklandera.com. 9pm-1am, $5-10. Live performance from the Antique Naked Soul collective, painting by Bushmama & Smokie, and DJs spinning deep house, trap, hip-hop, and R&B.

Stay Gold Public Works, 161 Erie, SF. www.publicsf.com, (415) 932-0955. 10pm-1am, $3-5. It’s going to be a raucous holi-gay par-tay at Public Works tonight where DJ Pink Lightning will be throwing down the sick, bass-throbbing beats. Bring pastel lipstick and chandelier earrings.

THURSDAY 27

DIY Zine Making Workshop Rock Paper Scissors Collective, 2278 Telegraph, Oakl. www.rpscollective.org. 6-8pm, $1. This is your chance to become the next big media mogul. The good folks at the Rock Paper Scissors Collective are being gracious enough of to provide you with a workshop and your own materials to create your own zine, take them up on it.

FRIDAY 28

Dam-Funk 1015 Folsom, SF. www.1015.com. 10pm-3am, free with RSVP on website. No one in the world is as committed to the funk than super-funkateer Dam Funk. Get your boogie on as he shreds his keytar with his electro-synth jams. Be on the look out for the new album dropping in the spring of 2013.

Free Muni Day SF Muni stops. www.sfmta.com. All day, free. Take the L-line to the zoo or ride a cable car for the first time ever — today all Muni services are on the house to celebrate the agency’s 100th anniversary.

SATURDAY 29

Treasure Island Flea Market Great Lawn, Ave of the Palms, Treasure Island, SF. www.treasureislandflea.com. 10am-4pm, $3. Looking to pick up some Christmas or Chanukah presents? Then head over to the Island of Treasure for its monthly open-air flea market. Enjoy awesome views of the Bay Area while perusing goodies from local designers, collectors, and other makers.

SUNDAY 30

Instant Camera Photo Walk Photobooth SF, 1193 Valencia, SF. www.photoboothsf.com. 1-3pm, free. This event is for analog photographers only, so Instagrammers need not apply. Join the staff of the Mission’s Photobooth gallery for a photowalk down Valencia corridor. Be sure to bring a Polaroid/Land or Frankenstein instant camera along. No worries if you don’t have one, Photobooth will be happy to lend you one for the occasion.

SF Zoo Lights 1 Zoo, SF. www.sfzoo.com, (415) 753-8141. 4-8pm, $5. Stuck with the family all week? May we recommend taking them to the last night of the San Francisco Zoo Lights extravaganza? The zoo will be a bastion of animal-themed, family-friendly holiday fun complete with a splendid light show, 30-foot Christmas tree with animal decorations, and free rides on the carousel.

MONDAY 31

Holiday 3D Light Show Westfield SF Centre, 865 Market, SF. www.westfield.com/sanfrancisco. 5pm, free. Tonight’s your last chance to catch the holiday magic of the Illuminique Under the Dome show, which transforms the Westfield mall’s glass dome, built in 1908, into a surround-sound wonderland of scenes sure to get your little (and not-so-little) ones in an eggnog froth.

 

Our Weekly Picks

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WEDNESDAY 26

San Francisco Kwanzaa Celebration

The celebration of Nguzo Saba (“The Seven Principles”) was created by Dr. Maulana Karenga in 1966 as a way for the African American community to reaffirm its values. Accordingly, concepts that we all should live by are the focus of each day’s worth of Kwanzaa events at City Hall this year. Today’s candle-lighting, feast, and live entertainment pay homage to unity — in the days following, self determination, collective responsibility, cooperative economics, purpose, creativity, and faith will be the program’s focus. (Caitlin Donohue)

Events through Jan. 1

Unity celebration: noon, free

City Hall

1 Dr. Carlton B. Goodlett Place, SF

www.kwanzaasanfrancisco.com

 

THURSDAY 27

Sepalcure

In 2011, producers Machinedrum (a.k.a. Travis Stewart) and Braille (a.k.a. Praveen Sharma) teamed up for the self-titled Sepalcure, a genre cross-stepping album that brought together past and present sounds of house, garage, and dubstep. Take standout track “Pencil Pimp,” where solemn keys progress with gospel moans that share space against hyped “heys” and light, energizing percussive beats. It’s an evocative emotional balance that puts them in league with contemporaries Tomas Barfod and Shlohmo — the latter providing support for this show, which will feature live visuals created by designer Sougwen Chung (a.k.a. Sharma’s girlfriend) for the 2011 MUTEK festival in Mexico City. (Ryan Prendiville)

9pm, $25 Independent 628 Divisadero, SF (415) 771-1421 www.theindependentsf.com

 

FRIDAY 28

We are Legion: The Story of the Hacktivists

When Israel threatened to shut down all Internet communication into and out of Gaza, Anonymous responded by taking down Israeli sites and providing instructional “care packages” for the case of outages. When Westboro Baptist Church announced plans to protest Connecticut’s legalization of gay marriage at vigils for the Sandy Hook Elementary School victims, Anonymous responded by shutting down the church’s site, godhatesfags.com, and the releasing names and information of church leaders. The group is relatively new but has had a huge impact with over a hundred raids in the last few years. This is the Story of the Hacktivists. The film’s director, Brian Knappenberger, interviews members of the online community in order to spark conversations about tactics, motives, and whether these illegal activities are the work of vigilantes, power-trippers, or just what we needed. (Molly Champlin)

7pm, $10

Roxie

3117 16th St., SF

(415) 863-1087

www.roxie.com

 

Cherub

Do we need another electro-pop, falsetto-laden act to follow the likes of Passion Pit and MGMT? Listening to Cherub, the answer is a resounding, “absolutely.” For one thing, this band is a bit sexier than the others (aspiring towards that pan-sexual prowess of Prince.) The duo — made up of Jason Huber and Jordan Kelley — is from Nashville, Tenn., but a respect for mac’n’cheese as a vegetable is about as far as their Southern roots extend. There’s no twang found here. Huber and Kelley’s layered, upbeat guitar, vocals, and synth meld in an energetic show that will demand you dance. (Champlin)

With Battlehooch and Rappers

9:30pm, $12

Bottom of the Hill

1233 17th St., SF (415) 626-4455

www.bottomofthehill.com

 

 

X

Legendary Los Angeles punk act X has always distinguished itself from other bands of its time and genre, with the rock solid drumming of DJ Bonebrake, the guitar virtuosity of Billy Zoom, and the poetic lyrics and intimate vocal interplay of John Doe and Exene Cervenka. Currently celebrating its 35th anniversary — which is hard to believe, considering X’s material sounds as fresh as ever, and it sounds better than ever live — the iconic group is traveling up the West Coast on a mini “X-mas 2012” tour where fans are sure to hear all of their favorite tunes, as well as a couple of revved-up holiday favorites thrown in for good measure. (Sean McCourt)

Also Sat/29, 9pm, $32

Slim’s

333 11th St., SF

(415) 255-0333

www.slimspresents.com

 

Wintersalt 2012

It took us a few head-scratching minutes to get the pun on sommersault (I think we get it?), but the two-night Wintersalt festival is sure to bring a little tumble of sunshine into our nightlives. Headliners include that tropical beat-appropriating genius, Diplo; our own atmospheric vinyl cut-up legend DJ Shadow, fresh from infamously getting booted off the decks at Miami douche palace the Mansion for being “too future”; a wee hip-hop rainbow of local adored MCs — Lyrics Born and Lateef, K.Flay, and Goldenchyld. Oh yes, there will also be EDM of the pop monster kind from Zedd and Dillon Francis — ensuring that at least the first night of this 18+ event will be flooded with fun-loving, neon-Raybanned, un-shirted younger brothers and sisters. Travis Barker and Mixmaster Mike will also be there, pumping the retro-’90s live drum-turntable alchemy they’re experts at. (Marke B.)

Also Sat/29

7pm-2am, $50-$160

Fort Mason Festival Pavillion

Marina Blvd, SF

www.wintersaltsf.com

 

SATURDAY 29

Lee Burridge

On “Lost in a Moment,” the 2012 track by Matthew Dekay and Lee Burridge, a snake-charming synth befitting of Vangelis winds around a hazy, beguiling vocalist who seems thoroughly entranced by the beat. The result is hypnotically effective and typical of Burridge, a much loved globe-trotting DJ who has created a dedicated following by transforming sets into moments to remember. Just Youtube his rapturous sunrise performances atop Robot Heart, or ask anyone who caught the last time he came through Public Works, and reportedly kept things going until 5am. (Prendiville)

With Rooz, Bo, Ben Seagren, Atish, and Brian Bejarano

9:30pm, $18–$25

Public Works

161 Erie, SF

(415) 932-0955

www.publicsf.com

 

SUNDAY 30

PRIMUS

Got plans for New Year’s Eve? Want to go Sailing The Seas Of Cheese? Do you plan on serving up some Frizzle Fry? Imbibing some Pork Soda? Any way you look at it, the two club shows this week by musical boundary-busting Bay Area rock favorites Primus are a rare treat for local fans to see the band up close and personal. You can party with Les Claypool and company on Sunday night, or ring in the New Year with them on Monday, either way, you’re guaranteed quite a night as these special “Frankenstein’s Masquerade” shows are part of Primus’ new 3D Tour, complete with stereoscopic visuals and quad surround sound. (McCourt)

Also Mon/31, 9pm, $47.50–$75

Warfield

982 Market St., SF

www.thewarfieldtheater.com

 

MONDAY 31

Sea of Dreams NYE 2013: LunaSea

The biggest pain about NYE is coordinating all your friends, not to mention their inseparable dates. The annual SOD event is a big tent experience, with wide-ranging musical choices and live, body-warping spectacles to please just about everyone. (Okay, maybe not your roommate’s boyfriend — he should just stay home.) Best of all, it’s broken up into distinct areas to prevent the oppressing, cramped feel of a “massive.” Check out the headliners, with the added bonus of having both Opulent Temple and Dirtybird DJs under one roof. (Prendiville)

With Gogol Bordello, Shpongle’s Quixotic Masquerade, The Glitch Mob (DJ set), Trentemoller (DJ Set), Diego’s Umbrella, Pumpkin, Robert Delong, and more 8pm-4am, $79–$145 SF Concourse Exhibition Center 635 8th St., SF www.seaofdreamsnye.com

 

Remones

Dec. 31 generally cost a lot of money. It’s just this weird, ingrained fact of the day that with the slow, chilly shifting of years comes the jacking up of prices. Hey, here’s an additional $20–$40 tacked on for a glass of bubbly! Sure, some of those crazy pricey shows are probably worth it — the big-name bands, the packed lineups with sparklers, dancers, and holiday accoutrement. But if you’re just in it for the basic, primal fun of fun, here’s a show that’s totally free: the Remones, a Ramones cover band (duh) playing the Riptide. Because really, all you want to do on NYE is gather with friends in a warm, Bay Area environment, drink copious amounts of liquor, and watch live, sing-along punk songs. Hey ho, let’s go. (Emily Savage)

9:30pm, free

Riptide

3639 Taraval, SF (415) 681-8433

www.riptidesf.com

 

 

The New Parish: The People NYE Ball

The People Party was started in 2007 by a group of artists who thought that the East Bay was being overlooked by Bay Area taste-makers (wow, how time flies). Though Oakland has been saturated in attention in the last few years, the event still stands out in the area’s nightlife scene. The multidimensional dance party attracts a creative group of people. It’s a chance for local artists to show their work in a fun environment, and from samples of organic tea to dripping, bright acrylic paint, there is plenty to see. Headlining to celebrate the end of the year will be poet, DJ, and producer, Rich Medina, livening up the evening with his unique connections between spoken word, hip-hop, afrobeat, and jazz. (Champlin)

New Parish

9pm, $20

579 18th St., Oakl.

(510) 444-7474

www.thenewparish.com

 

TUESDAY 1

 

No Way Back New Years Day Disco

There’s a few places to head if you went all night long and want to keep going all day strong. But to start the year off with a certain fresh feeling (and avoid an entire crowd of socket-eyed, gurning zombies), head over to Monarch. With No Ways Back’s reputation of infallible parties and quality music — in this case including Brooklyn’s Justin Vandervolgen (responsible for a double set on Beats in Space earlier this year) and local disco veteran James Glass — there are likely to be a fair number of people skipping the night altogether, and setting their clocks and krups for this one. (Prendiville) With Justin Vandervolgen, Sunny Side Up, Solar, Conor, 40 Thieves, and James Glass 6am, $15–$20 Monarch 101 Sixth St., SF (415) 284-9774 www.monarchsf.com

 

The Guardian listings deadline is two weeks prior to our Wednesday publication date. To submit an item for consideration, please include the title of the event, a brief description of the event, date and time, venue name, street address (listing cross streets only isn’t sufficient), city, telephone number readers can call for more information, telephone number for media, and admission costs. Send information to Listings, the Guardian, 225 Bush, 17th Flr., SF, CA 94105; or e-mail (paste press release into e-mail body — no attachments, please) to listings@sfbg.com. Digital photos may be submitted in jpeg format; the image must be at least 240 dpi and four inches by six inches in size. We regret we cannot accept listings over the phone.

Discovery channels

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arts@sfbg.com

YEAR IN DANCE Looking back on 2012’s over 500 performances — as calculated by Dancers’ Group — the game of “best” and “worst” makes less sense than ever. What makes the Bay Area a place worth living in is the vitality of its arts, and dance in particular. We only have one superstar company, San Francisco Ballet, but we’ve got a number of excellent mid-size ensembles and just enough of a competitive environment to discourage rank amateurism.

Whether for financial reasons or a desire to forego the demands of conventional stage presentations, dancers have continued their exodus to galleries and museums, like the San Francisco Museum of Modern Art, the Asian Art Museum, the California Academy of Sciences, and the de Young Museum. But they have also presented work in public spaces: City Hall, Market Street, Union Square, and Golden Gate Park. These performances necessitate the rethinking of formal parameters, but also reach out to new audiences.

Here are ten companies and artists who challenged expectations or unveiled surprises (at least to me) in 2012. Surprises from young artists are the norm, but experienced choreographers have a far more difficult task when it comes to catching viewers off-guard.

In the middle of March (and after 40 years of rethinking time, space, and motion), Eiko and Koma presented their most radical performance yet. With the breathtaking Fragile, a four-hour meditation in which they moved perhaps two feet, they stretched every conceivable theatrical concept beyond where it could reasonably be expected to go. It was mesmerizing, though I kept wondering where Fragile would be without the wondrous collage of music that David Harrington had assembled for his Kronos Quartet.

Keith Hennessy’s Turbulence (a dance about the economy), a many-tentacled creature that sprawled and oozed its way through Yerba Buena Center for the Arts, was one of the year’s most controversial premieres. No easy viewing, it showed that, for all his passion to redesign the social order, Hennessy is still working on creating new vehicles into which to pour his content. Gratifyingly, Hennessy just received a USA Fellows Award, one of only five Bay Area choreographers to have been so honored.

Monique Jenkinson’s splendid solo Instrument just finished its run at CounterPULSE. It needs to come back. She’s known as Fauxnique in her drag alter ego, but there is nothing faux about this dancer-performance artist. In Instrument, perhaps Jenkinson’s finest work yet, she asks questions about the body as a tool and the nature of being on stage. The figure of Rudolf Nureyev gave her the entrance into a witty but also heartbreaking portrayal of what it means to be a performer.

Even if you watch dance a lot, once in a while it happens that somebody pops up that you have never seen — and yet what they show is already excellent. Such was the case with Nicole Klaymoon’s Embodiment and her joyously rocking House Matter. Working with very good modern and hip-hop dancers, plus jazz singer Valerie Troutt and her vocal ensemble, the women created an evening-long piece about how a house can become a home.

Jenny McAllister’s two-year old 13th Floor Dance Theater is the newest incarnation of McAllister’s dance making endeavors. She has been choreographing genuinely funny dance, often sending up popular culture, for a long time. Bloomsbury/It’s Not Real was her first evening-length work. Using reality TV as a format, she came up with a lovingly loony but smart portrait of the lives and loves of that motley crew known as the Bloomsbury Group.

At the end of September, Birju Maharaj, the 74-year-old Kathak virtuoso, packed the Palace of Fine Arts with a primarily Indian audience who sat through a four-plus hour performance of superb dance. Maharaj performs here every couple of years, often with a similar repertoire. And still you sit there and can’t believe your eyes and ear at this gentle, witty, and generous artist playing “games” with someone like Zakir Hussein.

During its 41st home season, ODC/Dance premiered KT Nelson’s Transit. Taking one look at Max Chen’s whimsical bike concoctions, I just knew that they would steal the show — but they didn’t. Nelson used these metamorphosing velocipedes to call to the stage an image of urban life as fast-paced, fluid, and unstable. Yet for all its fractured continuity, Nelson and ODC’s superb dancers seemed to say, it’s a wonderful life.

San Francisco Ballet’s Beau raised more eyebrows than any of its other commissions, as far as I can remember. Longtime guest artist Mark Morris has built up expectations, so people were furious, feeling let down by what they considered thin, slipshod, easy-way-out choreography. My opinion was in the minority — so I’m looking forward to the piece’s return to find out whether what I thought was there, really is.

In the fall, my first encounter with Einstein at the Beach opened my ears and eyes to what I had known as “an opera” by Robert Wilson and Philip Glass. Surprising to see was how its exquisite details and extraordinary stylization owed more to kabuki than opera, and how Lucinda Childs’ choreography fit into it like a jewel set into a frame. For once the hype surrounding a piece did not even approach the reality of the experience.

Dancers around the world know the Venezuelan-born David Zambrano as a superb, idiosyncratic teacher. So his Soul Project, set to a rich selection of blues and soul music, raised questions about his approach to choreography. Using the YBCA’s Forum as a unified space for dancers and audience, Soul’s meandering trajectory — you never knew who would perform what where — made this one of the year’s most intimate experiences. To be a couple of inches away from such different, yet such superb performers doing what they do best was a treat.

 

About that dog Charlie

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Nothing like a dog story to captivate a city that has so much else going on. And while there are (sadly) dogs euthanized in this city fairly often, mostly because they’re unadoptable or found to be dangerous, the particulars of Charlie’s story — and the press attention it’s gotten — has turned this one incident into a world-wide campaign against the Canine Death Penalty.

You can’t call the City Attorney’s Office about it; the voice mail is full. You can’t call Animal Control and Welfare — the lines direct you to an email address. There are so many callers demanding a reprieve for the American Staffordshire Terrier (aka St. Francis Terrier, aka pit bull) that nobody at City Hall can handle them all.

Supporters have gathered more than 100,000 signatures on a petition to save him. He made the front page of the Examiner. And now, insiders tell me, the folks who run San Francisco are trying to find a clean way out.

Let’s face it: If the execution date goes forward, there will be TV trucks lined up all over, a doggie-death countdown, animal-rights protests — basically, a clusterfuck that will make the City of St. Francis look horrible.

In other words: If you kill the dog, it’s going to be a public-relations disaster.

But here’s the thing: City law gives Police Officer John Denny, of the department’s Vicious and Dangerous Dog Unit, full authority to order a critter euthanized. There is no appeal; his call is final. And he’s made his decision: Death for Charlie.

So Charlie’s owner, David Gizzarelli, has hired a lawyer and is fighting in court. The latest stay expires at the end of December. It’s a long shot that a judge will overrule Denny — but it’s entirely possible that somebody at City Hall will try to find a solution short of the Ultimate Penalty. There are all kinds of options — the dog could be taken away from Denny and adopted somewhere else. Denny could order that the dog be kept on leash at all times (an excellent idea anyway). It could be sent to a behavior-modification trainer.

Look: I’m not a big fan of pit bulls. They’re powerful animals who were bred to be dangerous. They can make fine pets, but I don’t think they should be allowed (in general) to run off leash in crowded areas. The city’s mandatory neuter law is a good thing, and helps, but still: Treat these often-adorable creatures as constant potential — potential — threats, and you’re going to be better off.

Yeah, the dog attacked a police horse. Lots of dogs who have never seen horses freak out around them; a good reason why the cops shouldn’t ride horses into an off-leash dog park.

I’m not a dog trainer or behaviorist, and I haven’t met this dog, but I’m generally against the death penalty, including for animals, if there’s any other feasible option. And whatever the outcome, I can tell you there are lot of other people in official SF who are sick of hearing about Charlie and would really, really like to find a way for it all to go away.

Wrong side of history

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tredmond@sfbg.com

In June, 2006, the august and powerful Association of Alternative Newsweeklies held its convention in Little Rock, Arkansas — and to the surprise of most of us, former President Bill Clinton agreed to come and speak. He even took questions.

I had one.

“Mr. President,” I said, “when Lyndon Johnson signed the Civil Rights Act, he knew it would cost his party votes in the South. But he did it anyway, because it was the right thing to do. Same-sex marriage is a civil-rights issue; why can’t Democrats like you stand up and support it?”

He ducked brilliantly, telling us all the great things he did for gay people (I know, Jim Hormel, ambassador to Luxembourg). He never answered the question.

That was how much of the Democratic Party leadership was acting in the days (and years) after Gavin Newsom set off a political bombshell in 2004 by legalizing same-sex marriage in San Francisco. Newsom got calls from a wide range of liberal party leaders begging him to reconsider. Even San Francisco Dems made statements that, in retrospect, are mortifying.

So as we prepare for the Supreme Court to decide if it’s on the right side of history, let us take a moment to reflect on all the Democrats who weren’t.

Leading the list is Sen. Dianne Feinstein, who now supports marriage equality but at the time proclaimed that it was “too much, too fast, too soon.” (In other words, just be patient, little gay ones, your time will come. Eventually.)

Even Rep. Barney Frank, the first openly gay member of Congress, said Newsom had broken the law and would only “feed the flames of fear.”

Rep. Nancy Pelosi for the first weeks of the city gay marriage celebrations stayed far, far away from the issue, although (after she realized how immensely popular the move was in her district) she broke down in late March 2004 and said she approved of Newsom’s actions.

Sen. John Kerry, during the 2004 presidential campaign, not only proclaimed that only a man and a woman could get married but said he would support state legislation banning same-sex nuptials. He didn’t publicly change his mind until 2011.

Barack Obama, as a candidate for president, never endorsed same-sex marriage and, according to some accounts, refused to have his picture taken with Newsom at a 2004 fundraiser in SF. In fact, during the 2008 Democratic primary, none of the major candidates endorsed same-sex marriage. Some of the commentary was laughable — then-Gov. Arnold Schwarzenegger proclaimed that “gay marriage is between a man and a woman,” and the Hartford Courant denounced Newsom for “turning City Hall into a wedding mill for homosexuals.” Chronicle columnist Debra Saunders, who said she supported same-sex marriage, said the mayor’s “lawlessness” was “just unbelievable.” But on a more sober note, there were, in February, 2004, exactly zero major national Democratic Party officials who came to Newsom’s support. Most of them ran for cover. And when the US Supreme Court decides, as it must, that marriage is a civil right for all, they’ll have a lot of explaining to do.

Choked out

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news@sfbg.com

When a struggle occurs in jail, it happens behind closed doors where the only witnesses are usually on opposite sides of the law. And when a struggle between these adversaries results in death of an inmate, a lot of questions emerge, questions that can linger for years if not publicly addressed.

Three years ago, a 31-year old inmate named Issiah Downes died in a San Francisco jail cell following a confrontation with deputies. After a yearlong investigation, San Francisco Chief Medical Examiner Amy Hart determined the death was a homicide. Weeks later, Downes’ mother Esther filed a wrongful death suit against the city, which was ultimately settled for $350,000, a significant sum that could have been even higher if she wasn’t too ill to pursue a trial.

Yet the deputies involved remain on the job, working in the jail, with nobody ever punished for what at least one witness said was a homicide that should have had consequences for more than just city taxpayers.

According to the lawsuit, on September 7, 2009 Downes complained about the televisions in his unit being turned off. Deemed a disturbance, he was transferred to a segregated area of the jail. The transfer turned into a scuffle involving multiple deputies who forced Downes to the ground. He was then moved into a “safety cell” where another struggle broke out and he was held prone on the floor while deputies allegedly applied pressure to his back and neck. After complaining that he could not breathe, Downes lost consciousness and was soon declared dead.

The lawsuit named the deputies involved with restraining Downes as Mel Song, Juan Guitron, Edward Gutierrez, Ken Lomba, Kevin Macksound, and Dan White. No charges were pressed against anyone. What’s more, the Sheriff Department’s Communications Director Susan Fahey confirmed that all the deputies named as defendants in the civil suit are still employed by the department in the jail.

While the story has slowly faded from the headlines, one witness has been knocking on doors across San Francisco in an attempt to tell his version of events and bring some light to this man’s murky death. Dennis Damato was in jail at the time and remembers it being a quiet day as he and other inmates watched college football. “Miami played Florida State,” Damato told the Guardian. “I was on a top bunk at the end of the row.”

From his bunk, Damato saw Downes step into the hallway outside the cell and he says Downes was not resisting deputies or being confrontational. “There was no commotion. This guy wasn’t doing anything,” says Damato, who saw a deputy approach and stand beside Downes. “He (Downes) was just standing there nice and quiet and [a deputy] was standing to his left. I did not see them communicate.”

Damato says he looked away for a moment to check the score of the game and when he turned back, he saw the deputy attacking Downes, who was in handcuffs. “He was bent over, handcuffs in front of him, and the deputy had him in a choke hold,” Damato told us. “Mr. Downes was saying he can’t breathe. His eyes were bulging while being choked and brought down.”

Damato says Downes was already on the floor when more deputies arrived to assist and roughly 15 minutes passed before they dragged Downes to a secluded room. Convinced that Issiah Downes was murdered, Damato has reached out to everyone from the DA’s office to the Sheriff’s Department but he says he was shut down at every turn: “They’d say ‘it’s over with. Go home.'”

The deputies could not be reached for comment because the Sheriff’s Department didn’t make them available or release their contact information as we requested.

After Downes’ death the Medical Examiner’s Office investigated and the subsequent report confirms that Downes suffered blunt trauma to his neck (in addition to his torso and extremities), consistent with Damato’s claim that Downes was strangled.

“Were it not for the physiologic stresses imposed by the struggle and restraint, there is no reasonable medical certainty that Mr. Downes would have died at the moment he did.” Assistant ME Judy Melinek, M.D. Concluded in her report. “The manner of death, homicide, indicates that the volitional actions of others caused or contributed to this death.”

Although Chief Medical Examiner Amy Hart said her findings did not speak to any unlawful behavior on the part of the deputies, Esther Downes’ attorney, Geri Green, says, “I think it was very brave of her to call it a homicide,” noting that the finding strengthened the family’s case against the city.

That “homicide” call came after a yearlong investigation that included analyzing a prone restraint method called “figure four,” which incident reports from deputies say Downes was placed in moments before his death. In a figure four, a person lies in a prone position, hands held behind his/her back with knees bent and feet held in the air. Prone restraint is not uncommon but it is controversial as its various methods have lead to deaths.

Downes weighed more than 300 pounds and the autopsy found evidence of pressure on his neck and back. The report summarizes an interview with a trainer for the Sheriff’s Department who said the hold is often difficult to accomplish on an overweight person. Additionally, other inmates reported hearing Downes yell that he could not breathe and a jail nurse said she could hear loud moaning coming from the safety cell where Downes was restrained.

Fahey said the department looked into the matter. “The department conducts its own internal investigation but its report is not public record,” Fahey told us. The Police Department also investigated but in an email, spokesperson Albie Esparza said the results are confidential under laws protecting peace officers. “The case file was handled by SFPD, however those are not public records under section 6254(f) of the Government Code, which protects case files, even after a case has been terminated.”

Ellen Hirst, a spokesperson for then-Sheriff Mike Hennessey, told reporters at the time that the department believed all procedures were executed properly. The department’s official “Safety Cell Use” policies, which we reviewed, state “A prisoner may remain restrained, with handcuffs, waist chains, and/or leg irons as necessary, while in the safety cell to prevent self-inflicted injury” for no more than one hour. Yet the department’s “Use of Force” policies state, “Choking and the use of carotid restraint are not allowed by the SFSD.”

The ME concluded the cause of death to be probable respiratory arrest during prone restraint with morbid obesity. That conclusion, along with the report’s other findings, lead Esther Downes’ to charge in her lawsuit that the deputies used excessive force and illegal and unconstitutional restraint procedures on her son and “in an effort to conceal the homicide, conspired to cover up the cause and manner of death.”

Attorney Ben Nissenbaum is an associate with the renowned John Burris Law firm in Oakland, which has done extensive work on civil rights and police brutality including the Rodney King case. He says the need to further subdue an inmate in a segregated area of the jail is suspicious.

“Why would you restrain a person in a safety cell?” says Nissenbaum. “They’re already restrained. All you have to do is close the door.”

He also noted that safety cells — unlike the rest of a jail facility — are not equipped with surveillance cameras. “There are no cameras or video inside the safety cells and that is common knowledge among deputies,” Nissenbaum told us.

Although the Sheriff Department’s investigation report is not public record, it doesn’t appear that it found any criminal conduct. San Francisco District Attorney’s Office spokesperson Stephanie Ong Stillman told us, “We would have to be presented with something showing criminal conduct before we prosecute anyone…When someone dies in jail, it’s a Sheriff’s investigation.”

Over at City Hall, the City Attorney’s Office — which deals with civil suits against the City — wasn’t exactly eager to pursue the matter. “We have to consider the cost for the city of taking the case to trial,” says City Attorney spokesperson Matt Dorsey, adding that a trial is often not in the city’s best interest.

The case didn’t go to trial and was officially closed on May 18, 2011, two months after San Francisco settled with Esther Downes for $350,000. She died last June near her home in Hawaii and her surviving relatives declined comment on the lawsuit or Issiah Downes.

Like many of those who find their way into the judicial system, Downes had personal problems. He was morbidly obese, suffered from schizophrenia, received counseling for suicide (at one point he tried to gouge one of his eyes, leaving him partially blind), and had previous convictions for involuntary manslaughter, robbery, assault with a deadly weapon, and battery of a police officer. Yet he was paying his debts to society and getting help. He was a member of what public officials like to call “society’s most vulnerable”, which might turn out to be a great understatement if his mother’s conspiracy charge and Dennis Damato’s story are true.

Herrera and other officials disappointed but hopeful as Supreme Court takes marriage equality case

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City Attorney Dennis Herrera, Deputy City Attorney Theresa Stewart, California Attorney General Kamala Harris, and other officials who held a press conference at City Hall today admitted they were disappointed that the US Supreme Court has decided to review the Ninth Circuit Court ruling that Proposition 8, the 2008 measure banning same-sex marriage in California, was unconstitutional.

“But we can’t let that obscure the tremendous progress that we’ve made in California on marriage equality,” said Herrera, who has been at the center of a struggle that began in 2004 when then-Mayor Gavin Newsom decided the city should begin unilaterally issuing marriage licenses to same-sex couples, in defiance of state and federal law.

“I’d be lying if I didn’t say I was a little disappointed,” said Stewart, who has been the city’s main litigator on the issue as it moved through court injunctions blocking marriages by the city, the California Supreme Court ruling the ban on same-sex marriage violated the state constitution, the vote amending the constitution through Prop. 8, and the Ninth Circuit ruling Prop. 8 violated federal equal protection standards.

Herrera and Stewart both expressed confidence that the Prop. 8 case that the Supreme Court will review, Perry v. Brown, was put together in a solid, meticulous way that will make it difficult for the US Supreme Court to disagree with the Ninth Circuit conclusion. “We worked really hard to put in the best possible case,” Stewart said, while Herrera said, “I can think of no better case to take up than this case…The confidence level of all of us is high.”

They also expressed hopes that the strategy of lead attorney Theodore Olsen to make broad arguments that any legal distinctions denying rights to homosexuals are unconstitutional – as opposed to the city’s more narrow approach that Prop. 8 doesn’t pass legal muster, which Herrera called “complementary” to Olsen’s approach – would be successful in making this case a definitive civil rights victory.

“Are we a country that is true to its word and true to its spirit, or not?” is how Harris framed the question, focusing on the basic equal protection argument and the need to “stand for the principle that we are equal and we will be treated that way.”

She and others called this “the civil rights struggle of our time,” and they pledged to win this issue now, no matter what. “I am optimistic that we’re going to win at the Supreme Court,” Sup. Scott Wiener said, pledging to win the right to marry at the ballot box even if the court doesn’t affirm that right. “We’re going to win this fight one way or another.”

Sup. David Campos, who is also gay, agreed that same-sex marriage will again be legal in California and “the question is whether the Supreme Court chooses to be on the right side or history or the wrong side of history.”

Ethics Commission wants to hide its own flaws

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The Ethics Commission has serious problems. A detailed report by Board of Supervisors Budget Analyst Harvey Rose, comparing SF’s ethics rules and enfocement to that of Los Angeles, found a long list of ways that this city is falling short. The supervisors asked the commission to have a robust discussion of the findings and propose reforms.

Now Friends of Ethics, made up of a number of former commissioners, activists, and campaign-finance watchdogs, says that the commission is trying to hold a quick hearing that will gloss over much of the criticism of the Rose report. The group wants the hearing delayed until there’s a lot more time to bring a lot more people into the process.

Here’s the letter FOE sent over:

To the Ethics Commission and Staff:

Friends of Ethics is writing with objections and protests regarding the upcoming “Interested Persons” meetings scheduled for December 4 and 10, 2012.

The Commission notified “Candidates, Treasurers and Interested Persons” of meetings “to discuss recommendations of the Budget Analyst report (also known as the Harvey Rose report) comparing programs of the San Francisco Ethics Commission with those of the Los Angeles Ethics Commission.”

The notice was dated November 28, providing only three business days before the first meeting will take place.

The Friends of Ethics bases its protest and objections on the following facts, and by this memo, formally requests that Ethics postpone these meetings until February.

     The proposed Interested Persons meetings do not mention inclusion of a representative from the Board Budget Analyst office to present their report and to discuss its findings. Without their direct involvement, as well as the invited presence of Supervisor Campos who requested the Rose report, the Interested Persons meeting will have only the staff’s views of the report as a basis for discussion. We believe this fails to provide the direct interaction and communication that should be part of this process.

    Ethics was requested by the Board of Supervisors to conduct robust and inclusive outreach to all participants in San Francisco’s political life. Ethics provided Friends of Ethics with the list used to contact Interested Persons about this meeting. We believe the list provided is not an adequate outreach, includes no community-based organizations active in electoral politics, any of the chartered Democratic clubs or other partisan political organizations, or special focus organizations active in San Francisco elections. We believe the lack of an inclusive outreach as evidenced by this list denies the Commission of a full discussion of the issues and is weighted toward the regulated community. We are puzzled by the fact that many people who do receive the Interested Persons notices are not on the list provided by Ethics, and seek a clarification on whether additional lists were used that were not disclosed to us. We also note that the late Joe Lynn, while the Campaign Finance Officer for Ethics, not only conducted extensive outreaches for IP meetings, including contacting past treasurers and press and posting notices on local political blogs and chat boards, but also later informed Director St. Croix in writing about those practices for the purpose of encouraging the continuation of such outreach.

    Ethics provided insufficient time for a review and analysis of recommendations that are significant and meaningful for the operation and success of the Ethics Commission mission. We believe that Ethics has done the bare minimum of notice of a public meeting and failed to take a serious approach to this important issue. Providing notice three days before the meeting, particularly in the holiday period between Thanksgiving and the first of December, means that no organization has an opportunity to place this issue on their agenda for a discussion or to endorse comments to be provided to the Ethics Commission.

    Ethics prepared an agenda that omitted significant and critically important comparisons between the Los Angeles and San Francisco Ethics Commissions that were included in the Rose report. While Ethics did list specific recommendations from the Rose report, the report itself detailed a number of additional differences that are significant to the San Francisco political community as we know it, and that should be part of a discussion of the Rose report.

Among the omitted points are:

    Los Angeles has a private right of action for citizens to act when Ethics does not; in Los Angeles this can include penalties under a civil action. San Francisco has no such provision. We believe this is essential to meaningfully empower citizens to directly seek compliance with our laws.

    Los Angeles requires disclosure of contributors of $100 or more to groups making “third party” expenditures. San Francisco does not require public disclosure of this money stream. Disclosure of donors to third party committees would add transparency, particularly if this has become a strategy to allow city contractors to influence elections.

    Los Angeles prohibits contributions from those seeking permits, while San Francisco does not. Friends of Ethics has determined that over 90 percent of all City Hall lobbying involves permit decisions.

    Los Angeles prohibits commissioners from fundraising for candidates, while San Francisco does not. This is the heart of pay-to-play politics that infects city appointments as commissioners are often the first stop for fundraising on behalf of city elected officials. We note a recent case where a city commissioner hosted a fundraiser that included contributions from city employees from the same department. The candidate returned the contributions, recognizing that commissioners are prohibited from seeking contributions from city employees. However, this demonstrates the potential abuse and underscores that Los Angeles’ policy is a stronger and more easily enforced prohibition. We recommend it.

    Los Angeles prohibits fundraising from city contractors and those seeking city actions. San Francisco allows contractors to fundraise and serve on candidate finance committees, although they may not contribute their own funds. Currently San Francisco also does not require candidates to disclose the names of their Finance Committee members. However, we strongly prefer closing the loophole, as Los Angeles has done, by prohibiting city contractors and permit seekers from fundraising.

    Los Angeles requires a more robust disclosure of “paid by” notification on telephone messages when 200 or more people are called. San Francisco sets the threshold at 500 people. Therefore, “paid by” calls to members of political clubs during the endorsement process would be missed under San Francisco’s standard but included under LA’s standard.

    Los Angeles provides a “Guide for Contributors” that educates donors and reduces confusion on such issues as aggregate contribution limits, prohibitions on officers of organizations receiving city funds, and so forth. This is done at minimal cost and made available on the Internet with no printing or mailing costs. San Francisco does not provide a Guide. Instead, the Ethics staff has recommended that the Commission rewrite the law to overturn specific prohibitions, stating that contributors are confused about the rules. The best approach is Los Angeles, where an educational outreach to contributors is part of their program. We note that San Francisco provides guides and outreach to most others involved in political activities, including committee treasurers, candidates and others but does not include an educational outreach to donors.

    Los Angeles prohibits political contributions from being made at City Hall or other city offices, including offices rented with city funds. San Francisco allows contributions to take place in the mayor’s own office, supervisor’s offices, at Redevelopment, Planning, Port or other offices – in short, anywhere that a donor chooses to make a contribution. We believe allowing contributions to be made in the workplace of city officials undermines public confidence and is inconsistent with other restrictions on the use of city resources for political purposes.

    Los Angeles has a more robust view of what constitutes lobbying and includes attorneys who offer strategic advice even if they do not directly contact a city official. San Francisco does not require registering or disclosing clients from such attorneys involved in orchestrating a favorable result for a paying client. Attorneys who serve as committee treasurers also do not face the same level of public disclosure as lobbyists.

We believe this list of omitted topics, coupled with the unacceptable short timeframe provided for analysis and review by the political community, and the failure to provide adequate outreach, raises serious concerns that Ethics is not engaged in a serious effort to obtain the public’s views on its operations and policies based on the Harvey Rose report.

We further note that Ethics has not provided a public schedule of when it will complete a summary of the Interested Persons meeting and comments, or a schedule for consideration by the full Commission of any recommendations.

In addition, Friends of Ethics requests that the San Francisco Ethics Commission audio record the IP meetings regarding the Rose report and post the recordings on its website, as is done by the Los Angeles City Ethics Commission.  In the past, the San Francisco Ethics Commission made audio recordings of its IP meetings, though they were not posted online.  The Commission’s Directors later discontinued the audio recording altogether, which may have been motivated by valuing the privacy of attendees over public transparency.  Given that the Rose report IP meetings are about comparing San Francisco’s good government laws with Los Angeles’ to consider adopting improvements offered by Los Angeles, Friends of Ethics believes that the first improvement that San Francisco should adopt is the Los Angele set of standard practices for conducting IP meetings.  When it comes to the development of good government law and policy, the public’s right to know is paramount.  Therefore, Friends of Ethics requests that all future IP meetings held by the San Francisco Ethics Commission be audio recorded and the recordings promptly posted online.”

Our reasons for requesting a specific timetable for next steps is based on our observation of lengthy delays in staff action on issues even when raised by the Commission itself. We believe the political community will be unlikely to participate in a process that has no specific and public timetable for action but that could take more than a year to reappear.

For example:

    In July 2011, the Ethics Commission requested that staff draft proposals to close the loophole that allows committees seeking to draft a candidate to fall outside the normal reporting and disclosure requirements. However, staff did not produce a proposal until November 2012, 16 months later, and did so without an Interested Persons meeting to discuss their proposal.

    Also at the July 2011 meeting, the Ethics Commission requested that staff examine the loophole that prevented the Commission from acting in cases of Official Misconduct by a commissioner. Ethics staff still has not produced a proposal to close that loophole.

    Also in 2011, a Superior Court judge suggested that San Francisco adopt a policy prohibiting commissioners from recommending a specific lobbyist to parties seeking a contract or other decision from that commission. Ethics has not prepared any response to that suggestion.

    In June 2012, Rules Committee Chair Jane Kim requested that the Ethics Commission provide some information on the city’s Ethics laws in languages other than English, noting that the rules are as important to donors and committees as they are to the public. The Ethics Commission has taken no steps, including in the election just concluded.

Given this record, we believe that any public process to examine the Harvey Rose Report and build new recommendations must include proposed timelines for action if there is to be public confidence that this process is meaningful.

We also strongly recommend that the Ethics Commission set aside time to allow a full discussion before the Commission itself. We believe that such a discussion should not place a two-minute limit on public members making comments.

For the above reasons and cited facts, Friends of Ethics requests that the Interested Persons meeting on the Harvey Rose Report be postponed until February when the political community will have an opportunity to evaluate the proposals and endorse changes, that the Commission immediately engage in a more robust outreach effort that extends beyond the list provided by Ethics to us, that the conversation be broadened to include all topics of comparison between Los Angeles and San Francisco, and that a proposed timeline for a record of the Interested Persons meeting and action by the Commission be provided.

We submit this protest respectfully and with support for the work of the Commission and specifically for the thorough review of any steps that can improve the Commission and public confidence in our political process.

Signed:

Eileen Hansen, former Ethics Commissioner
Bob Planthold, former Ethics Commissioner
Paul Melbostad, former Ethics Commissioner
Sharyn Saslafsky, former Ethics Commissioner
Bob Dockendorff, former Ethics Commissioner
Joe Julian, former Ethics Commissioner
Oliver Luby, former Ethics Commission staffer
Aaron Peskin, past President, Board of Supervisors
Charles Marsteller, former SF Coordinator, Common Cause
Karen Babbitt, community advocate
Marc Saloman, community advocate
Larry Bush, Publisher, CitiReport

 

Wiener charges blogger with taking potty photo

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I don’t even know what to do with this except report it and tell you some background. Because it’s just strange, all around.

Short story: Sup. Scott Wiener’s pressing criminal charges against a blogger who tried to take a photo of him peeing in the City Hall men’s room.

Michael Petrelis, the mad-man blogger who once called me for several days straight in the middle of the night to scream “your wife has syphillis!” into the phone, was at City Hall Oct. 26 with gay Honduran activist Erick Martinez. At some point, he decided to go into the public restroom on the second floor — and noticed that Sup. Scott Wiener was in there, using the urinal.

Petrelis has been fighting with Wiener over a lot of issues, including the nudity ban and Wiener’s efforts to remove benches from the plaza at 18th and Castro, and on the issues, he’s been right. He has a history of demanding accountability from the LGBT power structure, sometimes in ways that are not exactly polite — but he’s still a valuable gadfly, and I’ve gotten over the insanity of the late-night calls (more on that below).

But in this case, Wiener was just trying to take a piss — and Petrelis lifted his phone and tried to take a picture. Wiener’s wiener, I guess. Supervisor taking a leak. I don’t know exactly what he was going after, but the phone didn’t work right and he couldn’t get the photo until Wiener had buttoned up his pants and moved over to the sink, where he was going to brush his teeth.

Instead, he saw Petrelis and picked up the brush and toothpaste and left — but not before the intrepid blogger snapped a pic, which wound up on the Petrelis Files blog. It’s not a terribly attractive or terribly scandalous photo; guy with a toothbrush. Whatever.
But Wiener was, well, pissed — and I don’t blame him. We were always taught that you can take journalistic photos without the subject’s permission in a place where people have no expectation of privacy; if there’s any place in the world where a reasonable person would expect privacy, the bathroom would seem to quality.

Wiener called the cops — or in this case, the Sheriff’s Office, since that’s who patrols City Hall.

Wiener’s been complaining (for no reason, really) about the way the deputy sheriffs have responded to the protests over his nudity ban (come on — the nudists really aren’t a threat to anyone). But he asked for an investigation, filed a statement, and got the department to take it seriously enough to bring the matter to the district attorney for possible prosecution.

And the DA has filed charges.

Petrelis surrendered and was booked Nov. 29 on suspicion of violating Penal Code Section 647 (j) 1, which is typically used to prosecute peeping Toms: “Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, or mobile phone, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside.”

Bail was initially set at $25,000, which is astonishingly high for this level of crime, but Petrelis and his lawyer, Derek St. Pierre, got it reduced and Petrelis was cited and released on his own recognizance.

Wiener’s not talking; his office sent over a statement detailing the facts of the case and stating that Petrelis … has political disagreements with me, has a history of inappropriate and harassing behavior.” Both of those facts are undeniably true.

St. Pierre, though, thinks this is a huge waste of criminal justice resources. “I’m surprised that the D.A.’s Office decided to charge this case,” he told me. “I don’t see this as illegal conduct.”

In fact, he said, “the most concerning part of the case is that Wiener references that face that they have political disagreements. That suggests to me that political differences are driving the supervisor’s concerns.”

Maybe — or maybe he thinks his privacy really was invaded, and that Petrelis needs to be held accountable, too. As I said, I can’t blame him; Petrelis was acting like a total asshole. You can fight with Wiener, as I often do, and you can make speeches and denounce and interrupt meetings at City Hall and do all manner of impolite protests, but Jesus — the guy deserves the right to take a pee in peace.

That said, I have to wonder: Is this really worth turning into a criminal case? Did Wiener really have to take it that far? Petrelis, who loves attention, isn’t going to back down. “We will be fighting this case,” St. Pierre told me, starting with an arraignment hearing Dec. 5, at which I can pretty much guarantee the plea will be “not guilty.”

So we might have a full-blown trial here, and (as a fan of restorative justice) I’m not so sure that the criminal courts are the best way to resolve this. You’d think they could go to Community Boards. Wiener could agree to personally lower the rainbow flag to half-staff every now and then and Petrelis could agree to clean pigeon shit off some newsracks. Or something.

Because I don’t imagine that even Wiener wants to take the stand in a public trial and face cross-examination by Petrelis. The only winners at that spectacle would be the reporters.

PS: I don’t even remember exactly why Petrelis started the late-night calls to my home phone; it was around the same time he was calling lots of other people. I think he was mad that the Guardian ran (or didn’t run) some kind of ad around the doctor who was in charge of STD control at the Department of Public Health. I think there was some report about syphillis among gay men in SF that Petrelis didn’t like. I just remember that my son was two years old and sick and we were having a hell of time getting him to sleep and just when he would finally nod off the phone would ring and Petrelis would yell at me about syphillis. I’d hang up and he’d call back ten seconds later and yell again. I finally paid the phone company $2 a month to block his calls.

I was not among those who sought a restraining order or went to the police; that’s not my style. I was furious, but I knew it would pass, and eventually it did.

So will this, Scott.