City Hall

Stand with Ross at a major rally Thursday noon at City Hall

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The Sheriff Ross Mirkarimi forces put out a call to action Wednesday to mobilize their supporters for a show of force at a noon rally at City Hall on Thursday.

The rally is scheduled to be across Polk Street from the City Hall entrance because they fear that their opponents will be holding a rally on the City Hall steps with a sound system.

The possibility of dueling rallies comes as the Ethics Commission is set to hear closing arguments on Thursday in a fact-finding hearing in the Mirkarimi removal case.

Mirkarimi’s rally is the latest event in an accelerating grassroots effort by his supporters to put pressure on the Ethics Commission and the Board of Supervisors who will have the ultimate decision on whether Mirkarimi stays or goes as sheriff. 

I particularly like the statement of the National Lawyers Guild on Mirkarimi: http://www.nlgsf.org/news/statement-suspension-sf-sheriff-ross-mirkarimi-and-ethics-commission-proceedings

 

 

 

 

 

Healthy transitions

1

yael@sfbg.com

When the Human Rights Campaign, the national LGBT rights group, released its latest scorecard, rating companies by their support for LGBT issues, the healthcare giant Kaiser scored 100 percent. In June, the company’s float in the San Francisco Pride Parade was packed with happy employees.

But as the float passed through the streets, it was met by a group of protesters. Pride at Work complained, loudly, that Kaiser — for all its efforts to work with the community — excludes transgender care from its standard policies.

“We said, let’s push Kaiser,” said Sasha Wright, an organizer with Pride at Work. “They say they’re good for the community. Let’s show them that the queer community demands this.”

It was a perfect sign of the city’s struggle with trans health care. In many ways, San Francisco is exemplary — this is a long ways from Chattanooga, Texas, where state legislator Richard Floyd tried to pass a law instituting steep fines for people who can’t prove their genders match the designated genders of public bathrooms.

And with Healthy San Francisco officials’ recent decision to cover transgender and care, it’s likely this city is leading the nation in trans health.

But that’s a limited distinction — because trans people everywhere, even here, still face sometimes daunting obstacles in getting access even to basic care. And the struggle to change that is becoming a high-profile (and increasingly successful) political fight.

TRANSITIONS AND COSMETIC SURGERY

Kaiser’s insurance plans are typical of the industry. In its 2012-2013 “Traditional Plan,” Kaiser lists “transgender surgeries” among the services excluded from coverage, along with massage therapy and cosmetic surgery.

And Kaiser’s not alone.

Medicare, the federal health plan for low-income people, specifically excludes transgender health care. MediCal, the state version, is required to cover trans care — but will often deny individual applications. And many of the doctors and surgeons who accept MediCal (and many don’t) are unfamiliar with transition-related care.

Then there’s plain old discrimination. A troubling number of people report being denied healthcare — not just healthcare related to their gender identity — because the doctor they saw didn’t want to treat a transgender person.

The State of Transgender California, a 2008 survey by the Transgender Law Center, found that 30 percent of transgender people in California reported that they have “postponed care for illness or preventative care due to disrespect and discrimination from doctors or other healthcare providers. Over 40 percent did so because of economic barriers.”

The study also found that 35 percent of respondents “recount having to teach their doctor or care provider about transgender people in order to get appropriate care.”

To make things worse, American health insurance is overwhelmingly employer-based — and unemployment among trans people is epidemic. A 2011 study from the National Center for Transgender Equality found that trans unemployment was double the national rate and that 47 percent of trans people surveyed had been fired or overlooked for a job.

The World Professional Association for Transgender Health (WPATH) sets the international standard for transgender health care. WPATH states that, for many transgender people, “sex reassignment surgery is effective and medically necessary.” Hormone therapy, voice and communication therapy, as well as non-discriminatory primary and preventative care are also necessary.

But with high rates of poverty and discrimination among transgender people, affording these medically necessary procedures can be nearly impossible. Even in San Francisco, where some politicians and powerful organizations advocate tirelessly for transgender rights, many people are forced to go outside the system altogether to take care of themselves.

“We see transgender folks either not being able to make a transition, or having to spend a lot of money,” said Wright. “I don’t know if you’ve ever been to a top surgery party, but they’re common in San Francisco.”

Mia Tu Mutch, a member of San Francisco’s Youth City Services Committee who advocates for LGBTQ rights inside and outside City Hall, recently started a group that supports and raises funds for people who are transitioning.

“Me and my partner have been shocked at trans incompetency in San Francisco,” said Tu Mutch. “We’ve had several really bad instances of doctors refusing to treat us when they found out that we were trans. There’s still education needed.”

Tu Mutch said that, even though she is covered by a high-quality, trans-inclusive insurance plan, she has spent at least $10,000 out of pocket on transition related expenses.

“People are usually told, ‘get a good job, save all your money,'” she said. “But I’ve been spending 80 percent of my money on transgender related care for the past couple of years. I don’t think the whole ‘pull yourself up by your bootstraps’ thing works.”

HOPE ON THE HORIZON

But the situation is starting to change. In fact, trans organizers say that the medical, insurance and political establishments — particularly in California — are beginning to realize how backward the system is and are open to dramatic changes.

“It is an exciting time,” said Dr. Dawn Harbatkin, executive director or San Francisco’s Lyon Martin Health Center, which offers free and low-cost service to trans people “I didn’t think I would see this during my career.”

Nikki “Tita Aida” Calma, program supervisor at Trans: Thrive, echoed that sentiment. Said Calma, “I’m glad to see this in my lifetime.”

Thanks to groups like Pride at Work and the Transgender Law Center (TLC), city workers in San Francisco and Berkeley are now covered by the trans-inclusive version of Kaiser’s plan. The TLC, along with Lyon Martin and Equality California, came together to form Project Health in 2010, which convinced Healthy San Francisco to drop its transgender exclusions.

Tu Mutch has also worked this year to start FEATHER, or Fundraising Everywhere for All Transitions: a Health Empowerment Revolution.

Meanwhile, lawmakers in Sacramento, and even nationally, are also chipping away at the transgender discrimination that plagues the healthcare system.

Harbatkin told us that there isn’t a specific set of services that make up transgender health care.

“Really good transgender medicine means that you are providing good primary care, that you’re treating a patient as a whole person and taking care of all of their health care needs,” she said.

Lyon Martin provides preventative care like pap smears, breast exams, and prostate exams, treatment for chronic issues like hypertension and diabetes, as well as transition-related care—services that assist transgender people in transitioning to a body that reflects their gender identity.

“The bigger part of providing good medicine is about being culturally competent, culturally sensitive,” Harbatkin said. “Knowing how to address people respectfully and with their appropriate name and pronoun. Knowing about their legal name versus preferred name, or gender markers in terms of billing issues.”

One obstacle transgender patients face is doctors who are unfamiliar with transition-related healthcare, such as hormone therapy and surgeries. But often, trans people are denied care that doctors know well and would perform on cisgender patients, simply because of their gender identity.

Then there’s the challenge low-income people face in finding doctors who accept MediCal.

Harbatkin cited the example of an orchiectomy — surgical removal of the testicles, a procedure done by urologists. Finding a urologist who takes MediCal is fairly routine.

“But finding a surgeon who would do a vaginoplasty who accepts MediCal, that is more challenging,” she said.

And some urologists might perform an orchiectomy for someone with testicular cancer — but refuse to do so for someone who is transitioning from male to female.

That type of discrimination has caught the attention of Assemblymember Tom Ammiano, and his office has been working for several years to change it.

Ammiano aide Wendy Hill has been focusing on eliminating transgender health barriers in California for years. Thanks in part to her efforts, the California Department of Insurance now interprets existing gender equity legislation to include transgender people.

“They’ve clarified a set of recommendations and essentially code sections that spell out that for the purpose of transgender, this law requires gender equity,” Hill said. “If you cover pap smears, you have to cover them for everybody. If you cover breast reconstruction or hysterectomy, you have to cover it for everybody, regardless of gender.”

Now Ammiano’s office is taking on the Department of Managed Health Care and has been documenting cases of discrimination.

“When a citizen calls the Department of Managed Health Care, their helpline, they tag the call so that they know what’s going on,” Hill explains.

“They just tagged the calls based on discrimination. But we got them to tag the calls based on gender discrimination, and then even more specifically, discrimination against transgender people.”

The sort of problem she sees: “A person goes in to be treated for what could potentially be pneumonia, but the physician is having trouble seeing this person because their papers say they’re male but they are trying to see a gynecologist.”

Hill said some of her most interesting moments have been outreach meetings with community members and local businesses.

“I’ve gone in to talk with folks and said, how many of you know someone who’s transgender?” Hill recalls. “And in Sacramento, not that many people raise their hands. And then I say, how many of you identity as transgender? And the transgender people raise their hands. A lot of people don’t know that they already knew transgender people.”

Ammiano, who created Healthy San Francisco, said he was thrilled about the program dropping its transgender exclusions. “This has been in the works for a while,” he said. “We always fully intended to make sure that everyone who needed it was covered.”

Nationally, he said, “I think it’s an uphill battle around eradicating the transphobia and getting services provided without any hassle, but there’s light at the end of the tunnel.”

SUPPORTIVE NETWORK

San Francisco offers plenty of support. Lyon Martin is part of a network of organizations providing health-related services to transgender people.

Trans: Thrive, a project of API, serves as a drop-in center for transgender people, including many who show up there as one of their first stops after coming to San Francisco to escape discrimination and danger in their hometowns. Trans: Thrive provides counseling, computer labs, food, activities, and an all-important clothing closet to cut the extensive costs of a whole new wardrobe that better reflects a person’s gender identity.

Lyon Martin is “a federally qualified health center, so we take MediCal, MediCare, and many commercial insurances and Healthy San Francisco,” said Harbatkin. “And for patients who are uninsured, they are put on a sliding scale based on income and family size. And we continue to see people whether they can afford it or not.”

That means even people with little or no income can access transition-related surgery at Lyon Martin. This can be essential for people who otherwise would rely on MediCal.

The situation will actually be improved with the changes to Healthy San Francisco, as people who access healthcare through the program will have more options for surgeons and specialists.

In the 2008 State of Transgender California report, the TLC made a series of recommendations — and to the surprise of even the TLC staff, many have been adopted.

For example, the Affordable Care Act bars discrimination against people with pre-existing conditions — a term used to deny coverage to trans people. Most medical schools still don’t teach transgender healthcare, but on a local scale, Lyon Martin is working to train healthcare professionals and students to provide quality, culturally appropriate care to transgender patients with a residency program.

But one of the key recommendations — “Enact federal and state legislation prohibiting transgender- and gender-specific exclusions that limit access to comprehensive, quality care in public and private insurance plans” — is still a ways off.

As far as state legislation goes, said Hill, “Assemblymember Ammiano is definitely there. But the Legislature is not there yet. We don’t have enough support for that, to get a bill down to the governor.”

Kristina Wertz, director of Policy and Programs at the TLC, says that significant progress has been made on the recommendations that the 2008 report included.

“We’re really getting there,” said Wertz. “Things have changed. The world of transgender healthcare is very different than it was five. years ago.

“Right now there’s a lot of advocacy to build on the good laws that we already have and make sure they’re effectively implemented.”

Why?

44

steve@sfbg.com

Just a couple years ago, it seemed like the golden age of marijuana in San Francisco, the birthplace of the movement to legalize medical pot and a national leader in creating an effective regulatory framework to govern an industry that had become a legitimate, respected member of the business community.

More than two dozen patient cooperatives jumped through a variety of bureaucratic hoops to become licensed dispensaries, most of them opening storefront businesses that were often the most attractive, clean, and secure retail outlets on their blocks, sometimes in gritty stretches of SoMa, the Tenderloin, or the Mission.

“Pretty much everyone involved agrees that San Francisco’s system for distributing marijuana to those with a doctor’s recommendation for it is working well: the patients, growers, dispensary operators, doctors, politicians, police, and regulators with the planning and public health departments,” I wrote in “Marijuana goes mainstream” (1/28/10).

Since then, San Francisco’s medical marijuana industry has only become more established and professional, complying with new city regulations (such as changing how edibles are packaged to avoid tempting children), paying taxes and fees — and making very few waves. According to city officials, there have been almost no complaints from anyone about the dispensaries — and in San Francisco, people complain about everything.

But in the last six months, the full force of the federal government has brought the hammer down hard on this budding business sector, forcing the closure of eight brick-and-mortar dispensaries and instilling paranoia and insecurity in those that remain.

In just the past few weeks, two of the city’s oldest and most respected dispensaries –- HopeNet and the Vapor Room -– were forced to close their doors.

There’s been little rhyme or reason to which clubs get those dreaded letters warning operators and landlords to shut it down or be subject to asset forfeiture and prison time — and the officials involved have refused to explain their actions, except with moralistic anti-drug statements or unsupported accusations.

“These are people who played by the rules and paid their taxes, and now they’re being punished for it,” said Assembly member Tom Ammiano, a leader in creating a state regulatory framework to govern the distribution of medical marijuana, which California voters legalized in 1996. “This is pure thuggery. They are ignoring due process out of blind prejudice and ambition.”

Ammiano met with Melinda Haag, the US Attorney for the Northern District of California, who has coordinated the local crackdown from her 11th floor office in the Federal Building near City Hall, shortly after she announced her intentions to go after medical marijuana. He said she was like a throwback to a less enlightened era.

“In talking to Haag, not only is she a bit of a bully, but she’s totally uneducated about the issue,” Ammiano told us. When she told him that her office has received many complaints about the dispensaries, he asked to see them -– even making a formal Freedom of Information Act document request –- but she has yet to produce them. “Her duplicity is very moralistic, it’s like going back 100 years.”

Neither Haag nor anyone from the White House or Justice Department would grant an interview to the Guardian to discuss the reasons for and implications of the crackdown, or to answer the list of written questions her office asked us to submit. Instead, Haag gave the Guardian this statement and refused to respond to our follow-up questions:

“Although all marijuana stores are illegal under federal law, I decided to use our limited resources to address those that are in close proximity to schools, parks and playgrounds and operations so large that they constitute marijuana superstores. I hope that those who believe marijuana stores should be left to operate without restriction can step back for a moment and understand that not everyone shares their point of view, and that my office has received many phone calls, letters and emails from people who are deeply troubled by the tremendous growth of the marijuana industry in California and its influence on their communities.”

But in San Francisco, where more than 80 percent of residents consistently support medical marijuana in polls and at the ballot box, most people don’t share Haag’s point of view. And city officials contest many of her claims, from saying the dispensaries are “left to operate without restriction” to her implication that they promote crime or endanger children to the haphazard way she has targeted dispensaries to the characterization that many people are “deeply troubled by the tremendous growth of the marijuana industry.”

In fact, to talk to city officials, virtually nothing Haag says is true.

“We’re not getting nuisance complaints [about the dispensaries],” Dr. Rajiv Bhatia, the city’s medical director who oversees regulation of the dispensaries by the Department of Public Health, told the Guardian. “We’ve had very few complaints over the years and good cooperation with the storefront part of the regulations.”

Almost across the board, city officials and club operators praise one another and the cooperative relationship they’ve established over the last four years. Some of San Francisco’s biggest dispensaries have somehow avoided Haag’s wrath, but their once-open operators are now afraid to speak publicly, warily checking the mailbox each day. A thriving industry eager to pay its taxes and submit to regulation is being driven back underground, with all the uncertainty and hazards that creates.

“The question everyone is asking: Why here, why now, why these businesses? Nobody knows the answer,” Bhatia said. “We’re left to speculate and guess about motives.”

MULTI-AGENCY ATTACK

The federal crackdown has been stunning in both its speed and breadth, with various federal agencies coordinating their attacks. The IRS is auditing the biggest clubs and denying write-offs for routine business expenses, the DEA is threatening asset forfeiture efforts, and Haag and the DOJ are threatening prison time and court injunctions.

Underlying all of that is President Barack Obama, who pledged not to use federal resources to go after those in compliance with state law in the 17 states where medical marijuana is legal. Then, last year, Attorney General Eric Holder suddenly announced a new policy: “It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal.”

When we sought an explanation and clarification from the White House Communications Office about why well-established medical marijuana collectives carefully operating under California law were suddenly deemed “drug traffickers” that wouldn’t be tolerated, they refused to answer and referred us to a statement Obama made to Rolling Stone magazine.

“What I specifically said was that we were not going to prioritize prosecutions of persons who are using medical marijuana. I never made a commitment that somehow we were going to give carte blanche to large-scale producers and operators of marijuana -— and the reason is, because it’s against federal law. I can’t nullify congressional law,” Obama told the magazine.

That simplistic explanation – which conveniently ignores how people are supposed to get this medicine – has infuriated local growers and patients. It’s particularly galling for those who supported Obama and took him at his word in the last election, and who don’t understand why he is suddenly escalating the federal war on drugs, ignoring local laws and values, and re-criminalizing their communities.

FUNERAL PROCESSION

Hundreds of medical marijuana supporters gathered on Aug. 1 for a New Orleans-style funeral procession at the Lower Haight intersection near where Vapor Room had operated -– without incident and with praise as a model business from three successive district supervisors –- from 2004 until the previous day.

The mood was festive and defiant on that sunny afternoon, where advocates from both sides of the bay gathered to express solidarity with the closed clubs and resolve to battle through the recent setbacks.

“I’m feeling the fight,” Steve DeAngelo, star of the reality television show Weed Wars and head of Oakland’s Harborside Health Center, which received Haag’s shut-down-or-else letter last month, told the Guardian. “I don’t think we can allow taking a few hits to break our spirit….We started this struggle to win it and we’re not going to stop until we do.”

Local politicians and business leaders also came to offer their support.

“As president of the Lower Haight Merchants Association, I’m upset that Vapor Room had to shut down,” Thea Selby, who is also running for the District 5 supervisorial seat, told us. “The Vapor Room did a lot of good for this neighborhood and was a great business.”

Marchers, most clad in black, carried “Cannabis is Medicine: Let States Regulate” and other signs -– as well as a makeshift coffin and massive puppet depicting a scowling Haag -– and danced down the middle of the street as Brass Mafia horns belted out lively jazz tunes. By the time the procession reached Haag’s office at the Federal Building, a chill fog had darkened the skies and the mood.

DeAngelo took the bullhorn first and called out Obama directly: “Either you were lying, sir, or your employees are out of step with your policies.” Steph Sherer, executive director of the DC-based Americans for Safe Access, told the crowd, “We need to tell Obama to lose Haag or lose California.”

Ammiano and the other mostly Democratic Party politicians who spoke tried to avoid putting Obama directly into the crosshairs of the angry activists, although he did say those executing this crackdown “are harming Obama’s chances of winning.” He also urged activists to put the pressure on politicians in Sacramento and Washington DC: “We need to be a voice in reshaping what’s happened in these last few months.”

Ammiano said the crackdown “empowers the cartels and the people who use violence,” contrasting that with San Francisco’s civilized approach to regulating marijuana.

“We in San Francisco have been a model for how to regulate this industry and we have been successful. We are not going to let the federal government interfere with our rights in this city,” Sup. David Campos told the crowd.

Cathy Smith, the founder of HopeNet, who was still reeling from watching her club gutted and shuttered the day before, also sounded an angry and defiant tone, urging supporters to make their voices heard by Haag and others.

“Everybody that’s here needs to go up to this evil woman’s office tomorrow and tell them what we think,” Smith said.

The general feeling was that if the feds can target model clubs like HopeNet and Vapor Room –- which had deep community roots and generous compassionate care programs for low-income patients -– then all clubs are in danger.

“I’m very upset that we’re losing two great medical marijuana dispensaries where patients could medicate on site,” said David Goldman, a local ASA activist and member of the city’s Medical Cannabis Task Force, noting how important that is for patients who live in apartments that ban smoking.

HopeNet and Vapor Room were some of the only dispensaries in town where smoking was allowed on site, because they were more than 1,000 feet from schools, playgrounds, or day care facilities, the city’s standard. Bhatia said that’s a very strict standard in a city as dense as San Francisco, which is why only four clubs ever met it.

Yet the feds saw things differently, ostensibly targeting HopeNet because a small private school opened two blocks away last year, and the Vapor Room because the feds didn’t use the city’s standard of being more than 1,000 feet from the playground at Duboce Park, instead deciding the dispensary was a community menace because it was a little under 1,000 feet from that dog-friendly park’s nearest patch of grass.

LAST DAYS

Vapor Room founder Martin Olive was a bundle of complicated emotions on the club’s last day in business (it will still operates as delivery-only, just like HopeNet, Medithrive, and a few other shuttered clubs have done). Initially, he didn’t want to talk to us: “I’m trying to keep a lower profile because it’s scary out there now.”

But he slowly opened up and tried to describe the feeling of watching his proudest accomplishment so rapidly undone by the one-two punch of a letter from the merchant services company cutting off credit card access (just like every dispensary in the city, returning pot sales to a cash-only status) followed days later by Haag’s shut-down letter.

“It’s complicated emotions that I’m feeling -– let down, confused. At the end of the day, I don’t understand why this is happening,” Olive said. “It’s a community tragedy, it really is.”

Vapor Room was a welcoming gathering place for its members and a supporter of a variety of community events and causes.

“I’ve always treated this as if it were just a nice coffee house. I’m not an outlaw,” Olive said. “I almost forgot I was breaking federal law. It was so normal, so legitimate.”

In fact, some club owners say their establishments helped clean up rough streets. “We took care of the entire block. Before us, it was all dealers, so there’s a safety issue,” HopeNet’s Smith told me as the once-welcoming club on 9th Street near Howard was reduced to bare walls.

Patients were also feeling the pain, including a 48-year-old ex-con who said he was paroled two years ago after serving 25 years in prison for attempted murder. “I have anger issues, big time. The only thing that keeps me calm and quiet and not blowing up is medical marijuana,” he told us, seething, before praising HopeNet’s “homelike environment” and supportive community. “It’s important to sit and relax in an environment that is comfortable and safe. All this is doing is pushing us into the streets.”

DRIVEN UNDERGROUND

Before going through his latest official misconduct battles and fighting to return to his job as the elected sheriff, Ross Mirkarimi was the District 5 supervisor who sponsored the creation of the city’s medical marijuana regulatory system, the product of a long and arduous legislative process.

“We developed the system out of stark necessity because neither local government nor state government gave a roadmap to the dispensaries,” Mirkarimi said. “Prop. 215 legalized medical marijuana, but there were no rules around it.”

After an intensely collaborative process that lasted more than a year, the city in 2005 adopted a process for licensing dispensaries that balanced the needs of this nascent industry with concerns by police, patients, disability rights activists, neighborhood groups, and health officials. Mirkarimi said that maybe it’s time for city officials to consider an idea he floated a few years ago of having the city itself directly distribute medical marijuana through General Hospital.

“I still think that’s a good idea, particularly if the feds are going to force medical marijuana dispensaries back into the dark ages.” For all his praise of the city’s dispensaries, Dr. Bhatia will admit that the industry still needed better oversight -– dealing with issues such as standards for growing and transporting cannabis, fiscal transparency, and potency and dosage standards –- but the federal crackdown has scuttled his efforts to expand the city’s regulatory system.

“This DEA action stops us from making progress on the regulation of clubs that we need to make,” Bhatia said. “There are lots of issues, but we had just finished getting the clubs into their housing.” Now the industry is being driven back underground.

Ironically, Haag and other federal officials have accused dispensary operators of profiteering, which they’ll certainly be more free to do now that local officials have lost their leverage to begin regulating the finances of the supposedly nonprofit patient collectives that officially operate each dispensary.

“That was one of the areas that we never developed the tools or capacity to look at,” said Bhatia, who proposed more transparent record-keeping by dispensaries last year, only to have the operators express concern about how the feds might use that information, which turned out to be an understandable fear.

Pläj

0

virginia@sfbg.com

APPETITE The world has become hooked on New Nordic cuisine in recent years, thanks to Copenhagen’s Noma, often referred to as the world’s best restaurant for three years straight, sparking a global interest in all things Scandinavian and a new generation of chefs.

Before this renaissance I dined at New York City’s Aquavit, back in the days when Marcus Samuelsson was still its chef. I reveled in Samuelsson’s clean dishes and shots of the restaurant’s eponymous liquor infused with horseradish or dill. As a fan of pickled herring, cured fish, and the like, I’ve long been drawn to Germanic and Eastern European cuisines. Perhaps my love for Scandinavian food was a forgone conclusion. I dream of taking a trip to the region to eat lutefisk (air-dried whitefish), and breathe in crisp air during long hours of summer daylight.

But then Pläj (pronounced “play”) opened in SF in June, tucked behind the Inn at the Opera and within sight of City Hall. I dined there during its opening week, and have returned multiple times since. Granted, what you’re about to read is an early take. The newborn restaurant needs time to come into its own.

Yes, Pläj is a hotel dining room, and off-putting smooth jazz and clubby Euro tunes often intrude, altering the mood of a meal. But bright orange accents and fireside seating warm up the blessedly peaceful space, and service is warmly welcoming, staff attentive and gracious.

Pläj isn’t so much New Nordic or Scandinavian-style minimalist. It’s more reminiscent of Aquavit: traditional dishes interpreted with a fresh regional spin, Scandinavia by way of Northern California. Chef-owner Roberth Sundell hails from Stockholm but has been in the Bay Area long enough to be well-acquainted with local ingredients, putting them to good use in Nordic-influenced dishes.

Working my way through every dish on the initial menu, I was happiest in the Fjord-seafood section that highlighted the best parts of Scandinavian cooking. A creative “taste of herring” trio ($12) brought fish served à la ginger-smoked soy, saffron tomato, and with coriander, chile, and lime on rye crackers. Rustic bread arrived at the table, artfully served in a paper bag.

Krondill (crown dill) poached lobster is the seafood of choice for Sundell’s skagen, which is typically toast topped with a mixture that often includes poached shrimp, mayo, caviar. Beautifully reinterpreted here, lobster swam in a foam akin to bisque that was also made of lobster, with horseradish, avocado, and a hint of chili, all of it accented by white fish caviar.

Norwegian salmon belly gravlax ($9) proved to be buttery, thin slices of cured salmon over lemon crème fraîche, spicy grain mustard, and dill purée. Only the Alaskan halibut ($21) felt closer to typical: the fish came seared in herbs and partnered with shaved asparagus in a chanterelle emulsion. In a similar, though more traditional vein of meat and veg entree was the tender, porter-braised ox cheek ($22) topped with a mountain of fried onions. Other than the vibrant red, whipped beetroot the ox rested atop, the dish was well-executed, if not particularly memorable. Next time I’d go for traditional, comforting Swedish meatballs ($15), which were juicy in their pan gravy and bed of mashed potatoes, served with lingonberries and pickled cucumber that added a much-desired contrast of sweet and vinegar.

On the Hagen (“pasture”) or vegetarian section of the menu, burrata ($12) was pleasant, but its presentation was similar to countless burrata plates everywhere — heirloom tomato and greens. At least it wasn’t beets, which are obvious, overdone burrata companions. Barely-there aquavit in the vinaigrette could have set it apart if it was kicked up a few intensity levels. I found a subtle smearing of beetroot under a salad ($14) piled with Jerusalem artichoke, watercress, hazelnuts, and thinly-shaved layers of Västerbotten cheese and black summer truffles more interesting. Equally intriguing were the potato dumpling kumla ($12), dense and doughy dumplings in brown butter sauce that were savory with onion ragout and, once again, lingonberries.

Desserts ($8) are certainly pleasing — particularly the rhubarb crumble pie — but none left a major impression. Cocktails ($11) thankfully utilize Scandinavian spirits like vodka and genever (Dutch gin, often aged in wood so as akin to whiskey as gin.) Spirit-cocktail aficionados may crave more depth in a menu that leans toward sweet, subtle, and light cocktails. The Midsommar is promising: Pernod absinthe that delivers herbaceous notes to a Flor de Cana light rum, lime, and dill simple syrup. It was garden-fresh, a fine companion to seafood.

An all-Scandinavian beer list is spot-on, with pours like HaandBryggeriet Norwegian harvest ale ($14) or cheaper, refreshing Einstock Icelandic white and pale ales ($6 each.)

Pläj is a welcome newcomer to the SF dining scene — one I hope thrives as it dares to bring what we lack. What a delight it would be to form a “best of” list of Scandinavian eateries here, as we can with so many cuisines.

PLÄJ

333 Fulton, SF

(415) 294-8925

Subscribe to Virgina’s twice-monthly newsletter, The Perfect Spot, www.theperfectspotsf.com

 

Impertinent question for Sup. Malia Cohen

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As attentive readers know, I get most annoyed when a “neighborhood” supervisor, who ran as a “neighborhood” candidate, gets to City Hall and then votes the Chamber of Commerce/big development line without gulping.  And so I pop off Impertinent Questions now and then to pin the “neighborhood” supervisor on key votes  to illuminate the issue.  My latest Impertinent Question went by email last Friday  to Sup. Malia Cohen of District l0 (Potrero Hill, Bay View, Hunters Point) on her swing vote to keep the developers’ quarterback on the Planning Commission. City Editor Steve Jones  makes the point neatly  about Michael Antonini in his blog.  http://www.sfbg.com/politics/2012/08/01/antonini-quarterback-development-interests-wins-game

Cohen has earned an 80 per cent vote in the recent Chamber of Commerce’s mid-year “Paychecks & Pink Slips” voting scorecard for supervisors. And she is likely to do even better on the next score card with her votes for astroturf at Golden Gate Park and to shut down the Sunshine Task Force.                                                                                    

“Dear Sup. Cohen,

“Why did you as a neighborhood supervisor from District l0,  a neighborhood anxious about massive development from Potrero Hill to Hunters Point,  provide the swing vote for Antonini who operates as a quarterback for big development interests on the planning commission?  I would appreciate an answer for my Bruce blog at sfbg.com.”  I gave the supervisor a Monday deadline but I still had not heard from her by Tuesday evening.. I’ll keep trying to reach her for comment and keep you posted. B3

 

When the people lead

0

By Jon Golinger

OPINION Thursday, July 19, 2012 was an especially gorgeous day in San Francisco. On that warm and sunny summer afternoon, a colorful collection of more than 100 citizens from every corner of the city gathered together on the steps of City Hall to announce they had done something political insiders and powerbrokers had just weeks earlier dismissed as “impossible.”

This grassroots coalition of neighborhood leaders, tenant activists, homeowners, seniors, environmentalists, and recreation enthusiasts had just collected more than 31,000 petition signatures in less than 30 days from San Francisco voters. For the first time in more than 20 year, they had just qualified a referendum for the ballot challenging a Board of Supervisors-approved ordinance. They had just stopped in its tracks the seemingly done-deal to dramatically increase height limits on the waterfront for the proposed 8 Washington luxury condo high-rise project.

This citizen activism was made even more difficult by developer Simon Snellgrove, who went to extraordinary lengths to interfere with the petition drive and prevent it from succeeding, including:

• Using crafty legal maneuvers to require the petition to include not just the five-page city ordinance it challenges, but 515 additional pages of charts and addendums. This created a 520-page “book” that was expensive to print and heavy to carry.

• Spending $30,000 to pay hired “blockers” to encircle petition gatherers wherever they could find them and shout, intimidate, and otherwise interfere with their talking to voters.

• Paying an attorney to hover over the shoulders of workers at the Department of Elections as they counted petition signatures, repeatedly challenging their decisions.

While all of these hurdles and questionable tactics certainly had an impact, the citizen activists and volunteers nevertheless persevered. Soon after the 65 boxes overflowing with signed petitions had paraded through the corridors of City Hall, they were certified as sufficiently valid by the San Francisco Department of Elections. The “impossible” was done.

A recent poll by David Binder Research found that voters citywide would overwhelmingly reject the 8 Washington waterfront height limit increase by a vote of 56 percent to 25 percent if the Waterfront Referendum were put to a vote today. However, before it is officially placed on the ballot, the referendum process offers the Board of Supervisors a “second-chance” to make the right decision at its September 4th meeting.

Supervisors Christina Olague, Jane Kim, Eric Mar, and Malia Cohen — who all voted in favor of the waterfront height limit increase in June — now have the opportunity to take some time to talk with their constituents, reexamine their initial decision, and hopefully make a different choice.

But if they fail to do so, the referendum on the proposed 8 Washington project’s “Wall On the Waterfront” will appear on the November 2013 ballot and the people will decide. The people will decide whether a special exemption should be made to give away prime public land to a developer to build multi-million-dollar condos that 99 percent of San Franciscans can’t afford. The people will decide whether to allow the construction of a high-rise luxury condo building on the waterfront that would be 50 feet higher than the old Embarcadero Freeway. The people will decide whether we should protect or neglect our unique and beautiful waterfront. If the leaders fail to lead, the people will lead.

Jon Golinger is the Campaign Director for No Wall on the Northeast Waterfront www.NoWallOnTheWaterfront.com

Saving City College

43

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CAREERS AND ED City College of San Francisco (CCSF) is fighting for its life, and that struggle has turned old enemies into new allies. Suddenly, past differences seem less important than the need to work together, bringing a new sense of unity and purpose to the troubled community college.

In June the school was sanctioned and ordered to “show cause” from the Accrediting Commission of Community and Junior Colleges, putting it on the brink of losing its accreditation — certification necessary for the college’s degrees to be worth anything and for the school to secure federal aid (see “City College fights back,” July 17).

Twelve workgroups comprised of faculty, staff, administrators, students, and college board members are working feverishly to prove by October that the school is making major progress. Otherwise, it could face dire consequences.

While few people with any education or political background believe the school will actually close, there are serious consequences if its accreditation is revoked. A special trustee assigned by the state chancellor’s office could assume the powers of the college’s board or the school could be merged with another community college district.

The only college in California to ever suffer both of those fates was Compton Community College in 2006. Though the two colleges serve wildly different communities, many speak of their fates in the same breath. Its shadow hangs over City College like a ghost of what is to come.

WORKING TOGETHER

The newfound sense of common purpose was displayed on Aug. 1 in CCSF conference rooms, where once-battling special interest groups and employees gathered to tackle problems that have plagued the school for years.

The feuds aren’t just of interest to political geeks and college insiders. Infighting and a dysfunctional governance structure had stalled the school from tackling urgent issues, according to the accrediting commission.

“During interviews, criticism regarding the efficiency of the institutional governance process was revealed. The criticism centered on the length of time to reach a recommendation. It was also noted that there may be misunderstanding regarding the role of a recommending body versus a decision-making body,” according to the commission’s report.

That snippet of the 66-page critical report represents years of strife at the school, not only among the school’s elected trustees but also between the board and other college groups on issues ranging from placement testing to school site closures.

The 12 newly formed workgroups — constituted by the Chancellor’s Office and comprised mostly of faculty, administrators, and trustees — met to discuss issues and make recommendations to the system’s decision-making authorities: the Chancellor’s Office and Board of Trustees. One of the workgroups is in charge of evaluating that very decision-making system, with 14 people from different college constituencies hashing out a new style of democracy for the school.

At their first meeting, the members brought in stacks of papers to hand out — research on best practices and policies in college governments around the state and the nation. This particular workgroup discussed how an ideal student government should run, and how to enact those changes at City College.

The workgroups are brainstorming sessions, and each one has a different task ahead of it, including how to measure student learning, leveraging technology to streamline the school, facilities planning, and fiscal planning. Each workgroup acts independently, although some themes and members overlap.

The Board of Trustees is scheduled to meet and report on the progress of the workgroups on August 14 — the day before fall semester classes begin.

A final, preliminary report based on the findings of the dozen workgroups is expected to be completed before the accrediting commission’s October 15 deadline. With everything on the table, from staff layoffs to campus closures, CCSF is an anxious institution facing an uncertain future.

THE GHOST OF COMPTON’S PAST

In Compton, faculty and staff lived in constant fear of losing their jobs between 2002 and 2006, while the school was at risk of losing accreditation. Its path offers some lessons for CCSF.

“From three or four years prior to the accreditation being revoked, every March everybody got a pink slip and then you found out, you know, whether or not you actually had a job to come back to the next year,” Ann Garten, the community relations director of El Camino Community College District, told the Guardian in a phone interview.

El Camino swooped in to save Compton from total closure when its accreditation was revoked in 2006. The fate of employees at City College is a mystery for now, but based on Compton’s experience, part-time faculty are most at risk.

During spring semester, City College had nearly 1,700 instructors, approximately half of which were part-timers, according to college payroll documents. The school’s faculty are represented by the American Federation of Teachers Local 2121.

Classified workers — those who perform services such as administrative support, technology services, and grounds maintenance — could also be at risk. Their numbers exceeded 800 during the last fiscal year, according to the school’s assistant director of research, Steve Spurling.

They are represented by the Service Employees International Union Local 1021, a large and active union that also represents most city workers. In recent years, both unions have already taken pay cuts and freezes on raises and accepted furlough days to help plug the college’s fiscal holes.

If a special trustee were to take over, these workers would become even more vulnerable. But even without a special trustee, will there be layoffs?

Though there is no definitive answer yet, “everything needs to be on the table,” Trustee Steve Ngo told us. Yet most indications are that part-timers are at the most risk.

“I’m not convinced [full time faculty] pay cuts are what is called for. Our part time is the highest paid in the country,” CCSF Chancellor Pamila Fisher told the Associated Student Presidents, made up of elected leaders from CCSF’s eight main campuses. “We pay them health care. That’s unheard of” and could be re-evaluated, she said.

Yet it’s also possible that more creative and aggressive fundraising could save the part-timers and other college functions. Alisa Messer, president of AFT local 2121, said statewide categorical funds exist expressly to help fund part time faculty health care costs, she said, although not all colleges follow through.

“AFT 2121 has been a leader in this state, and in fact in the nation, on increasing parity for part-time/contingent faculty,” Messer said. “We will not allow this crisis to be an excuse to roll back significant progress that has been made on the rights of our most vulnerable faculty.”

The commission’s June report dinged the school for spending higher than average levels on salaries and benefits, 92 percent of their funds to be exact, while other community colleges in the Bay Area have figures in the low to mid 80s.

Yet many of CCSF’s defenders say that comparison isn’t fair or accurate, noting San Francisco’s higher cost of living and the fact that the district provides health coverage to part-time faculty, which most other community colleges in the state do not provide.

SERVING STUDENTS

As the college unites, many conflicts that remain boil down to the question of open access. CCSF currently operates with what it sees as a true community college ethos, where the varied needs of a diverse student population are balanced.

Recent high school graduates preparing for transfer mingle with adult students continuing their education, while English as Second Language (ESL) learners work towards proficiency and others seek new technical skills or transition to a new career.

Many students also take so-called “personal enrichment” courses — one time classes in the arts or languages, for example — that state government has de-prioritized as the budget hole has gotten deeper.

“I think we have to spend money better,” Ngo said, concerning “non-credit” courses, which are primarily classes for adult learners. He pointed to the fact that ESL classes are a full semester long, despite a unique “hop in, hop out” structure to the lessons, which gives students flexibility in their attendance over the course of the semester.

Reducing the number of weeks in a semester that those classes meet could be one possible strategy for saving money, he said. He emphasized that the college needs to work with hard data, and that calculations from what could be saved by such moves aren’t finished.

The number of campuses within the district is also being re-evaluated. “Yes, one of things we’re looking at is whether we should have nine sites. Centers may be combined. We don’t know if that will pay out yet,” Chancellor Fisher told the student presidents, referring to complex funding formulas that could actually prevent CCSF from saving money by closing campuses.

Fisher said officials are researching the possibility of combining campuses in close proximity, which drew a mixed reaction from the presidents. Bouchra Simmons, the Downtown Campus student president, said that combining the Civic Center and Downtown campuses would be disastrous.

“[Downtown Campus] is already pushed to capacity in terms of class size,” Simmons said. And the reverse, moving Downtown Campus students into Civic Center, would make it difficult for her to drop her daughter off at child care and still be able to make it to school on time.

Emanuel Andreas, Southeast Campus president, disagreed when it came to his constituents. “We understand what is happening, and everything needs to be on the table,” he said.

The threat of campus closures and a reduction in non-credit classes are all part of the attack on open access, as some students have said. To combat that, they’ve formed a new student group aimed at educating the city about what they stand to lose.

Project Unity is comprised of Occupy CCSF students, former student trustee Jeffrey Fang, student body President Shanell Williams, and other students, led by the newly elected student Trustee William Walker. They’ve rallied for their school at City Hall, where Supervisors Eric Mar and John Avalos have sponsored a resolution to support City College.

Project Unity met at the Mission Campus shortly after supporting the resolution, and started to plan a grassroots campaign to educate the city and its residents about open access.

Bob Gorringe, a member of Occupy San Francisco, was on hand to help the fledgling group strategize. “[Trustee] Anita Grier came out to the Occupy action council, and she was very open,” Gorringe told the group on July 31, referring to the longtime board member who is not exactly known for her radical tendencies.

Students taking such a vested interest in their college should come as no surprise, considering what happened to Compton before it folded into El Camino.

Although Compton never actually closed, it hemorrhaged students as public fears of the college closing grew larger, and the student body dropped to around 2,000 when El Camino took over, Garten told the Guardian.

Some students went elsewhere, but many appear to have just abandoned the education system.

“We looked at two or three colleges around Compton and none of us had a significant increase in students from the Compton district” enrolling, Garten said.

In other words, it looked like many disillusioned students had simply dropped out, something that nobody wants to see in San Francisco.

MOVING FORWARD

Just over two months remain for CCSF and its supporters to hash out a preliminary plan. Aiding them is a team of experts that will create a detailed report on everything related to the college’s financial woes — possibly the most critical problem area.

The Fiscal Crisis and Management Assistance Team, or FCMAT, explained their process to the college on August 3.

Without revealing any specific details, Michelle Plumbtree, the chief management analyst of FCMAT, warned an audience of a couple dozen interested people that its report would seem negative, but only because that’s exactly what the report is supposed to be: a critical review of problem areas.

“You guys are doing incredible things…But that’s not what we talk about [in our reports],” Plumbtree said.

Mike Hill, another FCMAT team member, succinctly layed out the biggest obstacles to City College’s fiscal future. “This is not a one year problem…We’re looking at three years. What makes that complicated is the governor’s tax, and the parcel tax,” Hill said, referring to Prop. 30 and the San Francisco ballot measure City College sponsored. “There are four scenarios… It’s not predictable.” Prop. 30, the tax measure placed on the ballot by Governor Jerry Brown, wouldn’t raise new revenue for community colleges. If it passes, they simply break even, staving off more drastic cuts. But the parcel tax offers more hope for CCSF, if city voters approve it. It would free up $14 million in revenue for this fiscal year, restoring some of what was lost and prevent the deep cuts and scaled back mission that the school’s support most fear.

Compromise measures

3

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San Franciscans are poised to vote this November on two important, complicated, and interdependent ballot measures — one a sweeping overhaul of the city’s business tax, the other creating an Affordable Housing Trust Fund that relies on the first measure’s steep increase in business license fees — that were the products of intense backroom negotiations over the last six months.

Mayor Ed Lee and his business community allies sought a revenue-neutral business tax reform measure that might have had to compete against an alternative proposal developed by Sup. John Avalos and his labor and progressive allies, who sought around $40 million in new revenue, although both sides wanted to avoid that fight and find a compromise measure.

Meanwhile, Mayor Lee was having trouble securing business community support for the housing trust fund that he pledged to create during his inaugural address in City Hall in January. So he modified his business tax proposal to bring in $13 million that would be dedicated to the Affordable Housing Trust Fund, but that didn’t satisfy the Avalos camp, who insisted the city needed more general revenue to offset cuts to city services and help with the city’s structural budget deficit.

Less than a day before the competing business reform measures came before the Board of Supervisors on July 24, a compromise was finally struck that would bring $28.5 million a year, with $13 million of that set aside for the affordable housing fund, tying the fate of the two measures together and creating a kumbaya moment at City Hall that was reminiscent of last year’s successful pension reform deal between labor and the business community.

But there was one voice raised at that July 24 meeting, that of Sup. David Campos, who asked questions and expressed concerns over whether this deal will adequately address the “crisis” faced by the working class in a city that will continue to gentrify even if both of these measures pass. Affordable housing construction still won’t meet the long-term needs outlined in the city’s Housing Element that indicates 60 percent of housing construction would need public subsidies to be affordable to current city residents.

It’s also worth asking why a business tax reform measure that doubles the tax base — just 8.4 percent of businesses in San Francisco now pay the payroll tax, whereas 16.4 percent would pay the gross receipts tax that replaces it — doesn’t increase its current funding level of $410 million (the $28.5 million comes from increased business license fees). Some industries — most notably the technology and restaurant industries that have strongly supported Mayor Lee’s political ambitions — could receive substantial tax cuts.

Politics is about compromise, and Avalos tells us that in the current political climate, these measures are the best that we can hope for and worthy of progressive support. And that may be true, but it also indicates that San Francisco will continue to be more welcoming to businesses than the working class residents struggling to remain here.

 

SOARING HOUSING COSTS

As Mayor Lee acknowledged during his inaugural speech, the boom times in the technology industry has also been driving up commercial and residential rents, he sought to create “housing for the 100 percent.”

The median rent in San Francisco has been steadily rising, jumping again in June an astounding 12.9 percent over June of last year, according to real estate monitor RealFacts, leaving renters shelling out on average an extra $350 a month to landlords.

Driven by a booming tech industry and a lag in new housing, the average San Francisco apartment now rents for $2,734. That’s an annual increase of $4,000 per unit over last year, in a city that saw the highest jumps in rent nationally in the first quarter of 2012. Even prices for the average studio apartment have edged up to $1,800 a month.

The affordability gap between housing and wages in the city is stark. Somebody spending a quarter of their income on rent would need to be making $85,000 a year just to keep up with the average studio. With a mean wage of $64,820 in the San Francisco metro area, even middle class San Franciscans have a difficult time affording a modest apartment. For the city’s lowest paid workers, even earning the country’s highest minimum wage of $10.25 an hour, even devoting every earned dollar to rent still wouldn’t pay for the average small studio apartment.

For those looking to buy a home in the city, it can be a huge hurdle to put aside a down payment while keeping up with the city’s high rents. Almost 90 percent of San Franciscans cannot afford a market rate home in the city. The average San Francisco home price was up 1.9 percent in June over May, climbing to $713,500, or a leap of $50,000 per unit over last year’s prices.

In the 2010 census, before the recent boom in the local real estate market, San Francisco already ranked third in the nation for worst ratio between income and home ownership prices, behind Honolulu and Santa Cruz.

But as the city leadership grapples to mitigate the tech boom’s effects, the lingering recession and conservative opposition to new taxes have gutted state and federal funds for affordable housing. Capped off last December by the California Legislature’s decision to dissolve the State Redevelopment Agency, a major source of money for creating affordable housing, San Francisco has seen a drop of $56 million in annual affordable housing funds since 2007.

Trying to address dwindling funding for affordable housing, the Board of Supervisors voted 8-2 on July 24 to place the Affordable Housing Trust Fund measure on the fall ballot. Only the most conservative supervisors, Sups. Sean Elsbernd and Carmen Chu, opposed the proposal. Sup. Mark Farrell, who has signaled his support for the measure, was absent.

“Creating a permanent source of revenue to fund the production of housing in San Francisco will ensure that San Francisco is a viable place to live and work for everyone, at every level of the economic spectrum. I applaud the Board of Supervisors,” Mayor Lee said in response.

At the heart of the program, the city hopes to create 9,000 new units of affordable housing over 30 years. The measure would set aside money to help stabilize the ongoing foreclosure crisis and replenish the funds of a down payment assistance program for those earning 80 to 120 percent of the median income.

To do so, the city anticipates spending $1.2 billion over the 30-year lifespan of the program, with a $20 million annual contribution the first year increasing $2.5 million annually in subsequent years. It would fold some existing funding in with new revenue sources, including $13 million yearly from the business tax reform measure. Language in the housing fund measure would allow Mayor Lee to veto it is the business tax reform measure fails.

The board was forced to delay consideration of the business tax measure until July 31 because of changes in the freshly merged measures. That meeting was after Guardian press time, although with nine co-sponsors on the board, its passage seemed assured even before the Budget and Legislative Analysts Office had not yet assessed its impacts, as Campos requested on July 24.

“I do believe that we have to ask certain questions when a proposal of this magnitude comes forward,” Campos said at the hearing, later adding, “When you have a proposal of this magnitude, you’re not going to be able to adjust it for some time, so you want it to be right.”

The report that Campos requested, which came out in the late afternoon before the next day’s hearing, agreed that it would stabilize business tax revenue, but it raised concerns that some small businesses exempt from the payroll tax would pay more under the proposal and that it would create big winners and losers compared to the current system.

For example, it calculated that between the gross receipts tax and business license fee, a sample full service restaurant would pay 69 percent less taxes and a supermarket 33 percent less taxes, while a commercial real estate leasing firm would pay 46.7 percent more tax and a large engineering firm would see its business tax bills more than double.

Board President David Chiu, who has co-sponsored the business tax reform measure with Mayor Lee since its inception, agreed that it is a “once in a decade reform,” calling it a “compromise that reflects the best sense of that word.” And that view, that this is the best compromise city residents can expect, seems to be shared by leaders of various stripes.

 

BACKING THE COMPROMISE

The business community and fiscally conservative politicians have long called for the replacement of the city payroll tax — which they deride as a “job killer” because it uses labor costs to gauge the size of company’s size and ability to pay taxes — with a gross receipts tax that uses a different gauge. But the devil has been in the details.

Chiu praised the “dozens and dozens and dozens of companies that have worked with us to fine-tune this measure,” and press reports indicate that representatives of major corporations and economic sectors have all spent hours in the closed door meetings shaping the complicated formulas for how they will be taxed, which vary by industry.

When the Guardian made a Sunshine Ordinance request to the Mayor’s Office for a list of all the business representatives that have been involved in the meetings, its spokespersons said no such list exists. They have also asked for a time extension in our request to review all documents associated with the deliberations, delaying the review until next week at the earliest, after the board approves the measure.

But the business community seems to be on board, even though some economic sectors — including real estate firms and big construction companies — are expected to face tax hikes.

“The general reaction has been neutral to favorable, and I expect we’ll be supportive,” Jim Lazarus, the vice president of public policy for the San Francisco Chamber of Commerce, who participated in crafting the proposal but who said the Chamber won’t have an official position until it votes later this week.

Lazarus noted the precipitous rise in annual business license fees — the top rate for the largest companies would go from just $500 now to $35,000 under the proposal, going up even more in the future as the Consumer Price Index rises — “but some of it will be offset by a drop in the payroll tax,” Lazarus said.

He also admitted that the new tax system will be “hugely complicated” compared to the payroll tax, with complex formulas that differ by sector and where economic transactions take place. But he said the Chamber has long supported the switch and he was happy to see a compromise.

“I’m assuming it will pass. I don’t believe there will be any major organized opposition to the measure,” Lazarus said.

Labor and progressive leaders also say the measure — which exempts small businesses with less than $1 million in revenue and has a steeply progressive business license fee scale — is a good proposal worth supporting, even if they didn’t get everything they wanted.

“We fared pretty well, the royal ‘we,’ with the mayor starting off from the position that he wanted a revenue-neutral proposition,” Chris Daly, who unsuccessfully championed affordable housing ballot measures as a supervisor before leaving office and becoming the political director for SEIU Local 1021, the largest union of city employees.

Both sides say they gave considerable ground to reach the compromise.

“Did we envision $28.5 million in new revenue? No,” said Lazarus, who had insisted from the beginning that the tax measure be revenue-neutral. “But we also didn’t envision the Affordable Housing Trust Fund.”

Daly and Avalos also said the measures need to be considered in the context of current political and economic realities.

“We were never going to be able to pass — or even to craft — a measure to meet all of the unmet needs in San Francisco,” Daly said. “Given the current political climate, we did very well.”

“If we had a different mayor who was more interested in serving directly the working class of the city, rather than supporting a business class that he hopes will serve all the people, the result might have been different,” Avalos said. “But what’s significant is we have a tax measure that really is progressive.”

Given that “we have an economic system that is based on profits and not human needs,” Avalos said, “This is a good step, better that we’ve had in decades.”

 

THE HOUSING CRISIS

The tax and housing measures certainly do address progressive priorities — bringing in more revenue and helping create affordable housing — even if some progressives express concerns that conditions in San Francisco could get worse for their vulnerable, working class constituents.

“I don’t know if the proposal before us is aggressive enough in terms of dealing with a crisis,” Campos told his colleagues on July 24 as they discussed the housing measure, later adding, “As good as this is, we are truly facing a crisis and a crisis requires a level of response that I unfortunately don’t think we are providing at this point.”

Not wanting to let “the perfect be the enemy of the good,” Campos said he still wanted to be able to support both measures, urging the board to have a more detailed discussion of their impacts.

“I wish this went further and created even more funding for critically needed affordable housing,” Sup. Eric Mar said before joining Campos in voting for the proposal anyway. “I think they need to build 60 percent of those units as below market rate otherwise we face more working families leaving the city, and the city becoming less diverse.”

Yet affordable housing advocates are desperate for something to replace the $56 million annual loss in affordable housing the city has faced in recent years, creating an immediate need for action and potentially allowing Lee to drive a wedge between the affordable housing advocates and labor if the latter held out for a better deal.

Many have heralded the mayor’s process in bringing together developers, housing advocates, and civic leaders to build a broad political consensus for the measure, particularly given the three affordable housing measures crafted by progressives over the last 10 years were all defeated by voters.

“One of the goals of any measure like this is for it to gain broad enough support to actually pass,” Sup. Scott Wiener said at a Rules Committee hearing on the measure.

In the measure’s grand bargain, developers receive a reduction in the percentage of on-site affordable housing units they are required to build, from 15 percent of units to 12 percent. The city will also buy some new housing units in large projects, paying market rate and then holding them as affordable housing — the buying power of which could be a boon to developers while creating affordable housing units.

At its root, the measure shifts some of the burden of funding affordable housing from developers to a broader tax base and locks in that agreement for 30 years, which could also spur market rate housing development in the process.

A late addition to the proposal by Farrell would create funding to help emergency workers with household earnings up to 150 percent of average median income buy homes in the city, citing a need to have these workers close at hand in the event of an earthquake or other emergency.

While some progressives have grumbled about the givebacks to developers and the high percentage of money going to homebuyer assistance in a city where almost two-thirds of residents rent, affordable housing advocates are pleased with the proposal.

“Did we gain out of this local package? Yes, we got 30 years of local funding. We came out net ahead in an environment where cities are crashing. We essentially caught ourselves way early from the end of redevelopment funds,” said Peter Cohen, executive director of the San Francisco Council of Community Housing Organizations.

Without it, Cohen says many affordable housing projects in the existing pipeline would be lost. “This last year was a bumpy year, and we will not be back to the same operation level for a number of years,” Cohen said. “There was a dip and we are coming out of that dip. It will take us a while to get back up to speed.”

The progressive side was also able to eliminate some of the more controversial items in the original proposal, including provisions that would expand the number of annual condo conversions allowed by the city and encourage rental properties to be converted into tenancies-in-common.

With ballot measures notoriously hard to amend, the Affordable Housing Trust Fund measure is a broad outline with many of the details of how the fund would be administered yet to be filled in. If passed, it will be up to Olson Lee, head of the Mayors Office on Housing and former local head of the demised redevelopment agency, to fill in the details, folding what was essential two partnered affordable housing agencies into a single local unit.

But even the most progressive members of the affordable housing community said there was no other alternative to addressing affordable housing in the wings — which is indeed a crisis now that redevelopment funds are gone — making this measure essential.

As Sara Shortt of the Housing Rights Committee of San Francisco told the Rules Committee, “We lost a very important funding mechanism. We have to replace it. We have no choice.”

Guardian Voices: Hassle-free housing

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I’m talking to the amazing organizers at Causa Justa:: Just Cause (CJJC) about their work to protect homeowners from foreclosure by the big banks, about their long history of tenants’ rights work, and what they are up to right now. Blanca Solis says they’ve launched a new campaign for what they’re calling the “Hassle-Free Housing” ordinance. She’s a grassroots leader from CJJC, and she’s asking for our support. To protect tenants from unscrupulous landlords. To stop unfair evictions. To stop wringing our hands about gentrification and families leaving the city. She says we can do something very straightforward to keep working families in their homes.
 
On Tuesday July 31st, Solis will join other tenant leaders, advocates and supporters at city hall to call for an end to tenant harassment by landlords. The San Francisco Tenants Union will be there. Organizers at CJJC have learned from years of experience with Latino tenants struggling to make ends meet in the midst of this rapidly gentrifying city that “one of the quickest and cheapest ways to evict a tenant is by harassing them until the situation becomes unbearable and the tenant moves on their own. Whey they leave, the landlord has an empty unit that they can rent to new tenants at market-rate rent.”
 
Faced with a pattern of such blatantly unfair practices, tenant activists took the issue to the voters in 2008; when “Prop M” passed, it was an important victory for this still-majority-renter-city. But then, the landlord’s lawyers got hold of it, and sued to stop implementation.
 
No one seems to be denying that landlords do this, and that it’s wrong. But what can a family do to stop the harassment, hold on to their housing and get some relief? Here’s where the “Hassle-Free Housing” ordinance comes in. It builds on Prop M and addresses the landlords’ legal issue. It would “allow tenants to claim damages from their landlords for each incident of harassment in small claims court to collect statutory damages of up to $2,000 for each incident.”
 
Sounds good, let’s do it. City Hall – get on it.
 
All over San Francisco, probably every night, people are sitting around shaking their heads about how expensive the city has become. How families have been pushed and priced out. Folks shrug and say “But, what can you do?”
 
There is a long, proud, and painful history in San Francisco of everyday people organizing to put a stop to unfair evictions, developer-driven displacement, and the over-production of luxury housing. From the African American community’s fight to save the Fillmore from redevelopment’s “negro removal” in the 1960s, to the Filipino-led struggle to stop the eviction of elderly men at the I-Hotel in the 1970s, and to Mission activists’ campaigns to control land use during the intense gentrification of the 1990’s dot-com boom. (Just this week there’s a big celebration marking the 35th Anniversary of the I-Hotel struggle.) 
 
These “housing justice” fights are ultimately about who has the power to shape the future of our city and who has the power to determine who can and cannot afford to live here. That’s where we all come in – all of us who are renters whose lives will be better with a “Hassle-Free Housing” ordinance; all of us whose housing is insecure – because we fear foreclosure or are a paycheck away from homelessness. This is an issue of people power, and you can do something now – attend the press conference at 10am tomorrow on the steps of City Hall, or go to CJJC’s website to sign up as a campaign supporter. Being right is good, but ultimately it’s people power that matters.
 
When Solis was asked why she joined the hassle-free housing campaign and why she’s coming to City Hall tomorrow, she said:
 
“Que los supervisores aseguren que los inquilinos estemos protegidos de los desalojos injustos por parte de los caseros y asi mismo vivamos en lugares dignos, seguros y libres de hostigamiento”
 
“So that the supervisors can ensure that we, tenants, are protected from illegal and unjust evictions by landlords and be able to live in homes that are dignified, safe and free of harassment”
 
Solis and the other incredible grassroots leaders at CJJC are full of courage and determination, and have not given up hope that there is a bright future for San Francisco. Let’s join them!

There goes the SF Democratic Party

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We all knew that the progressives didn’t win a majority on the Democratic County Central Committee, but for a while there it looked as if there might still be a chance to elect someone who isn’t one of the most conservative members of the panel as the chair. But no: Mary Jung, who works for PG&E, now controls the San Francisco Democratic Party.

Jung was elected unanimously July 27, which means the progs realized they didn’t have a candidate who could get a majority. Most of the other leadership roles are from the conservative side of the party. Yes, Alix Rosenthal is second vice-chair, but it’s clear who is going to be in charge of the party — and it’s not the folks who have run it for the past four years.

The slate-card committee, which has the key job of creating and delivering the powerful endorsement card, will be dominated by conservatives, Jung and Tom Hsieh, with only one progressive, Rafael Mandelman. It’s pretty much a train wreck all around.

Samson Wong (who is a good guy) says it’s a new era of civility, which is the same thing we used to say about City Hall (and I agree with him that it’s historic: The mayor, the president of the board and the chair of the party are now Asians). But when civility means you stop fighting (loudly, even if you lose) for things that matter in the name of keeping the peace, I’m against it.

In a press release, the DCCC’s new corresponding secretary, Matt Dorsey, notes that the local party’s priorities this fall are re-electing Barack Obama (who will win California even if the SF DCCC members all take a six-month nap) and restoring Democratic control of the House (which won’t be decided in the Bay Area). No mention of electing progressives to the Board of Supervisors — which is where the local party really matters.

The race to watch will be D1, where incumbent Eric Mar is part of the progressive bloc that lost the DCCC. We’ll see what happens.

 

 

Two calls to investigate SF restaurant surcharges as consumer fraud

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The surcharges that many San Francisco restaurants charge their customers – ostensibly to help cover their employee health care obligations, although in practice it has often just padded their profits – should be investigated by the District Attorney’s Office as consumer fraud, according to Sup. David Campos and San Francisco’s Civil Grand Jury, which recently issued a scathing report scrutinizing the practice.

Campos raised the issue during Tuesday’s Board of Supervisors meeting, calling for a criminal investigation and City Hall hearing. He even questioned whether businesses that have been so hostile to city’s Health Care Security Ordinance – the landmark 2008 measure that created the Health San Francisco universal care program and required businesses to help pay for their employees’ health coverage – should benefit from the tax cuts it would receive under a business tax reform ballot measure the board also considered that day.

“In the restaurant industry, we have an issue that remains unresolved,” Campos said during the business tax debate, after earlier in the meeting calling for the DA “to begin an investigation for fraud against the people of San Francisco by businesses that use this surcharge.”

DA’s Office spokesperson Stephanie Ong Stillman confirmed that the office is looking at the issue: “The Grand Jury report was just released and we are in the process of evaluating the results.”

Mayor Ed Lee last year vetoed legislation by Campos that would have banned the practice and prevented businesses from simply pocketing money from Employer Health Reimbursement Accounts they create to comply with the mandate (federal law bars the city from dictating how businesses cover employee health care) at the end of each year. Lee later signed a watered down version sponsored by Board President David Chiu requiring employers to keep the money in the fund for two years, to let their employees know about the fund on a quarterly basis, and to dedicate surcharge revenue to employee health care.

Rob Black, executive director of Golden Gate Restaurant Association – which unsuccessfully sued the city over the employer mandate and appealed the case all the way to the US Supreme Court – criticized Campos and the Grand Jury, saying they were relying on data from last year and that the situation has improved since Chiu’s legislation went into effect (Chiu told us data collection from his legislation will allow the city to better assess what’s happening).

“Supervisor Campos know this information is based on data that was prior to the new ordinance,” Black told us, acknowledging that many restaurants profited from the surcharges “but that was before the law was changed.” Campos responded by saying the grand jury concluded that the Chiu legislation didn’t go far enough the prevent the abuses, which are tough to detect because they are based on self reporting by the businesses.

The Grand Jury looked at 38 restaurants, of which 25 used the surcharges and 22 use the reimbursement accounts rather than either health insurance or Healthy San Francisco, which health care experts uniformly say are better options for employees. It analyzed data submitted to the city by these 22 restaurants with a total of 1,562 employees, finding that of the more than $2 million earmarked for the health reimbursement funds, just $123,612 was paid to employees and $1.9 million was kept by the employers.

Black said the quarterly noticing requirement in the Chiu legislation is already helping with the low reimbursement rate: “My hope is, and my belief is, we’re going to see significant…improvements in utilization rates in people taking advantage of their benefits, and that’s great.”

The grand jury also looked specifically at the health care surcharges collected by 18 restaurants with almost $64 million in gross revenue. Despite collecting almost $2.2 million in the surcharges it placed on customers bills, they reimbursed their employees for $1.16 million medical expenses and kept the more than $1 million that remained as profits.

Black criticized the grand jury for selectively picking the restaurants in its study and for targetting private sector businesses rather than the public agencies it traditionally investigates. “They’re outside of what the government charter calls for,” he said.

But Mark Busse, the chair of the Grand Jury Health Committee that led the study, told the Guardian that while it’s unusual to look at the private sector, there was a legitimate public policy interest here and its work was approved and overseen by Presiding Judge Katherine Feinstein (who happens to be the daughter of US Sen. Dianne Feinstein, San Francisco’s former mayor).

He also denies hand-picking the restaurants, saying he asked jurors to simply keep the receipts from all restaurants they frequented. While that may not be representative of all restaurants, he said it was a large enough sample to draw some conclusions and that he was more surprised than anyone at their findings.

“I thought our results would be totally different. I didn’t think they would be that abusive, I really didn’t. I thought we would find we have some outstanding restaurants and entrepreneurs,” Busse said, adding that he was alarmed by their actual findings. “It turned our stomachs. It makes us sick. It is not a level playing field. There are legitimate businesses that accept the spirit of the law and are taking care of their employees, but a lot of them aren’t.”

Given that these employees handle the food of city residents, he said that they should get the health care to which they’re entitled. As Busse told us, “The intention of the jury was to make sure the workers are getting health care and the customers aren’t getting deceived.”

7/27 Update: We heard back from the Mayor’s Office, whose Chief Deputy Communications Director Francis Tsang wrote: “Mayor Lee is a strong supporter of the Healthcare Security Ordinance. The Civil Grand Jury surveyed only 38 restaurants and its report restates facts we already know – some businesses add a surcharge and in the past, it was not well regulated.  Working with Supervisors, Mayor Lee strengthened practices effective January 2, 2012 to ensure employees could make better use of the program.  We will know the results in 2013, when we collect and report on 2012 data informed by the new regulations.”

Best of the Bay 2012: Local Heroes

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2012 Local Heroes

Alex Tom and Shaw San Liu

Alex Tom and Shaw San Liu — the executive director and lead organizer for the Chinese Progressive Association, which celebrates its 40th anniversary on Aug. 4 — have laid the groundwork for a progressive resurgence in San Francisco by organizing Chinese immigrants and actively building close and mutually supportive relationships with working-class allies throughout the city.

The two have been involved in just about every recent effort to counter the pro-corporate neoliberalism that has come to dominate City Hall these days. They have seized space with Occupy San Francisco and they have supported labor unions and helped to create the Progressive Workers Alliance. They have fought foreclosures and pushed for affordable housing reforms, and they have protected vulnerable immigrant workers from wage theft by unscrupulous employers.

“Shaw San and Alex are incredibly talented organizers and movement builders who are managing to do the nearly impossible,” said N’Tanya Lee, who worked closely with the pair as the director of Coleman Advocates for Children and Youth. “They have built an authentic base of working-class Chinese immigrants who are interested in fighting for change in their community, and are creating a grassroots organization at the forefront of building multi-racial alliances to combat the divide-and-conquer strategies that are confronting us.”

Liu, who joined CPA six years ago, said she’s always inspired to see the old photographs on the walls of CPA’s office, and to read the history of CPA’s organizing and advocacy on behalf of working people. She said the organization has always understood the need to forge alliances with labor unions and other progressive interests.

“The organization itself has been, since its inception, playing a critical role in bridging the needs of Chinese interests with other communities,” Liu said. “I’ve always seen my role as bridge building.”

Today — with stagnant real wages, a deteriorating social safety net, and growing power by corporations that enjoy unprecedented political clout thanks to Citizens United and other court rulings — the need to organize people across cultural lines is more important than ever, even if that begins by addressing the individual needs of each community.

“Always at our core, it’s about empowering our folks to be able to voice their own struggles and visions,” Liu said.

Working to build that capacity within the Chinese immigrant community is hard and important work, Liu said, but it’s equally important to connect with the struggles of working class people from other communities, uniting to effectively counter the political dominance of employers and property owners.

Lui framed the struggle as: “How do we build unity and not have that be lip service?”

Tom and Liu have demonstrated that they know how to do just that, despite the diversity of sometimes-conflicting interests on the left and in a working class squeezed by recession and feelings of economic uncertainty.

“The issue that will unify people is good jobs that are accessible to everyone,” Liu said.

Yet she also said that working class organizing is needed to counter the simplistic “jobs” rhetoric coming from City Hall, which politicians are using to advocate for tax cuts to big corporations.

“More and more, it exposes itself as a total lie,” Liu said of the argument that the city should be facilitating private sector job creation with business tax cuts. “So much points to the fact that the US economic system doesn’t benefit everyone … When we talk about jobs, we talk about what kinds of jobs we want and for whom.”

 

2012 Local Heroes

Stardust and Ross Rhodes

Ross Rhodes and Stardust, like all of the people involved in Occupy Bernal, are neighbors. But until Stardust helped found the group — a local take on Occupy focused on stopping unjust foreclosures and evictions — they didn’t know each other.

Now they do, and if it wasn’t for Occupy Bernal, Rhodes is sure he would no longer have the house that his parents bought in 1964.

A former college football star, Rhodes injured his knees and back playing. He lives on disability payments, volunteering at the 100 Percent College Prep Club, and bringing home-cooked meals to seniors in his area. He also coached kids in the Junior 49ers program until it became too hard on his injuries.

Stardust, an ESL teacher and oboe player in the Bay Area Rainbow Symphony and the SF Lesbian/Gay Freedom Band, has been working for LGBT rights, women’s rights, and online civil rights for years. When Occupy took off, he gravitated toward the neighborhood fights against foreclosures.

Like people all over the US, Rhodes and his wife were fooled several years ago by a pick-a-payment loan plan. At the time, World Savings was peddling the deals through neighborhoods, promising potential borrowers that they could send their kids to college, buy a car, take vacations — and modify their loans after a year.

But when Rhodes started to apply for loan modifications, he was denied. He kept receiving letters asking for more information, often the same information he had already given — a common story that led to part of the Homeowners Bill of Rights that will guarantee a single point of contact from the bank. He was stumped when he was told he needed more income — the bank said it wouldn’t accept payments that were more than 30 percent of a borrower’s income, and Rhodes was getting a fixed disability check.

He found another income source as a homecare provider, but after all the time that the bank wouldn’t accept his payments, Rhodes was marked as someone who wasn’t making payments, and was tracked for foreclosure.

Meanwhile, Occupy Bernal was working on more than 100 similar cases in its neighborhood. The organizers hadn’t quite convinced Mayor Ed Lee to help at that point, but Rep. Pelosi’s staffers were on their side, getting banks to prioritize the cases of those working with Occupy Bernal. They worked with other community groups like Alliance of Californians for Community Empowerment (ACCE) to do physical occupations of homes. But for those who had received a notice of default and a notice of sale — two steps in the foreclosure process that precede the auction of a property — Stardust was there with another tactic.

He spearheaded Occupy the Auctions. He shows up at City Hall at 1:30 every day and tries to disrupt foreclosure auctions. He’s been there continuously since April 27, 2012, and has stopped dozens of home sales. When fighting the eviction of a neighbor, he is sometimes backed by more than 100 people. But many days it’s just Stardust.

Now, Rhodes is in a loan modification process. Rather than conflicting and confusing machine-generated paper work, he gets regular calls about the status of his modification from a point person in Wells Fargo’s executive complaint office. He testified in Sacramento in favor of the Homeowners Bill of Rights, which passed July 2. He’s also become an Occupy Bernal organizer on top of his other volunteer pursuits.

Stardust battles mega-banks and the city’s wealthiest in his work. But he says the biggest challenge is helping people to get over the shame they feel when they realize they are facing foreclosure. “It’s not their fault,” he says. “It’s the system.”

Friends of Ethics

In the summer of 2011, at the behest of the Ethics Commission, the Board of Supervisors put on the ballot a measure that would have loosened some of the rules for campaign consultant reporting, and would have allowed further changes in the city’s landmark ethics laws without a vote of the people. It had unanimous support on the board — and frankly, technical changes in campaign laws are not the kind of sexy stuff that gets the public angry.

But a small group, led in part by five former ethics commissioners, took on the task of defeating the measure. The activists also took on the challenge of defeating Prop. E, which would have allowed the supervisors to amend future measures passed by the voters.

Despite being outspent by tens of thousands of dollars, Friends of Ethics — a small grassroots operation — prevailed. Both measures were defeated (32 percent to 67 percent in the case of Prop. E, the worst loss of all the local measures on the ballot).

The group is great at forming coalitions: in the case of the No on E and F campaign, Friends of Ethics reached out to some 30 organizations that formally joined in opposing the measures after hearing presentations.

The members of FOE are a fractious group of organizers and shit-disturbers who don’t always get along or agree on other issues. But they’ve come together to do something nobody else does: make protecting and expanding political reform laws a front-line priority.

And the battle goes on. Not long after the November 2011 election, Supervisor Scott Wiener introduced legislation that would have led to less disclosure of political contributions before an election, and would have made it easier to conceal who was making contributions and paying for campaign mailers. The Wiener bill would weaken campaign contribution limit, giving the wealthiest donors greater power in elections.

When the amendments were heard at a well-attended Rules Committee in June (with plenty of public comment from Friends of Ethics), the supervisors sent the amendments back to the Ethics Commission to be rewritten.

The next step for the Friends of Ethics is to work with interested supervisors to push for changes to the city’s campaign laws that will actually benefit the public, such as increased transparency in election contributions and expanded campaign restrictions for those receiving contracts and other benefits from the city.

In an era defined by the US Supreme Court’s Citizens United case and a nationwide assault on fair elections, it’s critical work.

Friends of Ethics can be reached at sfethicsfriend@gmail.com

2012 Local Heroes

The Occupy movement

When Adbusters magazine called for people to show up on September 17, 2011, in New York City to protest the way Wall Street was holding the country hostage, no one could have predicted what would emerge.

It was the start of a movement, and San Francisco heeded the call. About 100 people gathered in the city’s Financial District. They started camping. And the effort exploded.

In the first few weeks, camps sprung up across the country. In Chicago and Los Angeles, in Bethel, Alaska and Tuscaloosa, Alabama, people were drawn together. But, unlike most protests, they stayed together. Night after night.

Along the way, a certain prevailing narrative from outside observers never quite got it right. First the camps were dismissed as nothing but bratty college students and hippies. Then they were called dirty and filled with homeless people. (Occupy challenged the whole idea of a monolithic homeless population. Once they had a home in the Occupy tent cities, homeless people were just — shocker — people.)

By December, when most of the campers had been kicked out, the narrative shifted. Occupy was resting, hibernating, many declared. Some snickered at the fair-weather activists who would only come out in the sunshine.

But in the Bay Area, at least, that hibernation story was simply false. On December 12, Occupy Oakland brought out thousands for its second port shutdown, in solidarity with port workers. On January 20, downtown banks were forced to close for the day and people in the streets celebrated Occupy San Francisco’s shutdown of the financial district. A week later, 400 were arrested when thousands tried to turn a vacant Oakland building into a community center. This was no hibernation.

Actions in some way inspired or fueled by Occupy have continued into the spring and summer. On March 1, Occupy, with a focus on student debt and accessible education, formed the 99 Mile March. Dozens marched from the Bay Area to Sacramento to join thousands of students and supporters in calling for an end to cuts to education; hundreds then occupied the Capitol building. On April 22, Occupy, with a focus on food justice, formed the Gill Tract Occupy the Farm action. Hundreds took a UC Berkeley-stewarded tract of land slated for a baseball diamond and a Whole Foods and planted it, turning it into a farm with rows of crops, a kids space, and a permaculture garden. On June 15, Occupy formed the Lakeview sit-in and Peoples School for Public Education, which taught day camp to children and refused to leave a beloved Oakland elementary school, one of five slated for closure.

Police eventually won the many-months battle with most Occupy groups in the Bay Area. The camps are mostly gone, though a tenacious group keeps its 24-hour protest in front of the Federal Reserve.

But because of Occupy — and its accompanying burst in resistance, creativity, and the belief that we really can, and must, come together to do something — dozens of Bay Area residents remain in homes that were facing foreclosure. Hundreds of people who felt forgotten and abandoned have found community. Thousands have been inspired to start their own projects and work with others.

When Adbusters called Occupy Wall Street to action, it was under the banner of “democracy not corporatocracy.” That ain’t an easy project. But it has already made the world a better and more hopeful place. 

President or no president, medical marijuana shows up in Oakland

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So the President was late. Around the time the “Fire Melinda Haag” press conference (as it had been called in emails I’d received from the various cannabis advocacy groups) at downtown Oakland’s federally-threatened Oaksterdam University was starting, one attendee drily mentioned that Obama was reported to still be in Las Vegas.

“I mean, I know the private jets can get you places really quickly and all, but still.”

It didn’t matter — medical marijuana had assembled in Oakland, the world cannabis community was watching, and there was going to be a show of numbers, regardless of what Air Force One was doing or when the President’s scheduled appearance at the Fox Theater a block away would actually get going.

But first, the formal press conference at Oaksterdam. Grow lights warmed the pot plants on one side of the room as dispensary founders, politicians, and patients said their piece on stage. 

“Name the advantages of continuing the drug war,” said Oaksterdam University president Dale Sky Jones (OU founder Richard Lee on stage a few feet to her right.) “We continue the failed drug policy that targets young people of color.”

“This is simply not the right thing to do,” said Jim Gray, a retired Orange County superior court judge and former assistant US Attorney. “It will not result in less marijuana being sold or consumed in Oakland or anywhere else.” Later on, during the march that would take medical marijuana users on a lap around the Fox, some protesters were seen lofting signs with the ex-official’s name on it — he’s the Libertarian Party’s nomination for vice president. His crowd-pleasing efforts struck gold at Oaksterdam in the form of a quip. “I think going forward, the slogan should be ‘the hempire strikes back.”

Steve Deangelo, founder of Harborside Health Center, was adamant in his call for an immediate freeze on all enforcement actions until courts deemed them consistent with the Obama administration’s policy. Deangelo and the patients that depend on his dispensary have a lot to lose should their call go unheard: a recent letter sent to Harborside by US Attorney Melinda Haag ordered the collective’s closure based on the rationale that it is a “marijuana superstore.”

“If the US Attorneys can come after a dispensary like Harborside,” Deangelo told the assembled crowd, “No dispensary in this country is safe.” Commonly referred to as the best-known dispensary in the country, Deangelo’s dispensary and its staff were the subject of last year’s Discovery Channel reality series Weed Wars

Perhaps the most poignant voices from the day were those of the consumers who will be most affected by the loss of safe and accessible medical-grade marijuana. Yvonne Westbrook-White, a multiple sclerosis sufferer, credited cannabis with getting her out of the house that day and appealed to the President to keep his promise to leave state-legal dispensaries alone.

Jason David’s baby son has Dravet Syndrome, a rare disease with epilepsy-like symptoms. He told the crowd at Oaksterdam that a non-psychoactive cannabinoid tincture had made his boy go from acting like a zombie to being a bubbly kid that greets people at church and at home alike. His voice and hands trembled as he thought out loud about what he would do if Harborside went the way of so many other cannabis businesses in the Bay Area.

“What am, going to ask a drug dealer ‘do you have CBD?’ You’re going after the wrong drug.”

An hour later, feet from the massive Obama-as-cop “Dear Leader” design that members of Chalkupy had painstaking sketched out the same day, a crowd that police later estimated at 800 to 1000 people were ready to march for their cannabis rights. The route took us up Broadway, past the lines of Obama fans patiently waiting for their president to show, down 20th Avenue to San Pablo Avenue, and right back to Oakland’s City Hall.

Would things continue to go as peacefully through the President’s eventual visit? All signs pointed to yes when your Guardian journalist left around 4:30pm, but one protester put it rather succinctly. “Today’s not over yet,” he said. 

Medical marijuana patients demand an end to federal raids as President Obama arrives in Oakland

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As President Obama arrives in Oakland for a fundraiser today, medical marijuana activists have already made a point with a rally on the steps of Oakland City Hall this morning. Protesters demanded that the President halt raids of dispensaries and other operations legally allowed by California law.

Present at the rally were representatives from Oaksterdam University and Harborside Health Center, two Oakland medical marijuana businesses that have been the target of federal attacks in recent months.

Speakers argued that Obama should use his power to stop threats to these institutions. Oaksterdam, the school that teaches the politics and history of cannabis along with practical knowledge for working in the industry, was raided April 2. Harborside, a dispensary that also offers free health services such as acupuncture and yoga, received a letter from US Attorney General Melinda Haag filing federal forfeiture action July 9.

“This is the time to show them what we’re made of,” said Harborside co-founder Steve DeAngelo at the rally.

DeAngelo emphasized that Harborside complies with state regulations and that the city of Oakland benefits from its success, not least with tax revenue.

Marijuana is illegal under federal law and is classified as a Schedule 1 controlled substance. Schedule 1 drugs “have a high potential for abuse” and “no currently accepted medical use in treatment in the United States,” according to the DEA.

But a procession of medical marijuana patients and caregivers at today’s rallies said that their experiences conflict with the DEA’s claims. Patients recovering from surgeries and suffering from cancer and HIV/AIDS said that medical marijuana provided pain relief and lessened their symptoms without the detrimental side effects of other medication.

“If the federal government takes away my medical cannabis, I could go blind,” said David Goldman, 61, a retired teacher who uses cannabis to treat his glaucoma.

The Compassionate Use Act, which passed in California in 1996 when voters approved Proposition 215, allows both patients and designated primary caregivers to legally purchase marijuana at licensed dispensaries.

One such caregiver, Evelyn Hoch, said that she has been caring for her best friend, a survivor of stomach cancer, for more than 20 years. “She had 90 percent of her stomach removed,” said Hoch. “They gave her six months to live.”

Hoch’s friend survived, but had to choose between constant pain and medication that left her “like a zombie,” according to Hoch. She was prescribed barbituates that, as a side effect, suppressed her breathing. Hoch said her friend was resistant to cannabis recommendations that her doctors gave her unofficially, even before medical marijuana was legal, because she “just didn’t like pot. It wasn’t her thing.” But after she began using medical marijuana two years ago, she has improved significantly.

“She can’t believe the difference,” said Hoch. “She can read again. She’s got a little bit of life. She’s not in bed 24/7, compromised from the side effects of other medication.”

Hoch is a Harborside customer, and says that if medical marijuana dispensaries close, “the only choice patients are going to have is buying it illegally.”

A march was leaving Oakland City Hall at 3pm to bring the message as close as possible to the president.

The NY Times and class struggle

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The NY Times isn’t exactly a revolutionary left-wing publication — and while columnist Paul Krugman routinely talks about the income and wealth divide, it’s not typically a staple of how the Times cover the news. But David Leonhardt is starting a blog on the decline in the middle class and is going to turn it into an article during the later parts of the presidential campaign — and amazingly enough, he’s got it pretty much right:

In addition to the slow growth in overall size of the pie, the share that has been going to anyone but the richest Americans has been declining. The top-earning 1 percent of households now bring home about 20 percent of total income, up from less than 10 percent 40 years ago. The top-earning 1/10,000th of households — each earning at least $7.8 million a year, many of them working in finance — bring home almost 5 percent of income, up from 1 percent 40 years ago. In the simplest terms, the relatively meager gains the American economy has produced in recent years have largely flowed to a small segment of the most affluent households, leaving middle-class and poor households with slow-growing living standards.

It’s simple, and it’s pretty clear — as is the fact that it’s not random but the result of specific policies. From one of the (many intelligent) comments (my trolls, please take note):

The middle class is an artificial construct, something deliberately created through the enactment of policy. It emerged in the U.S. largely because of political, economic and social changes that were imposed: the New Deal, the Great Society, the creation of the suburbs and highway systems, strong unions that demanded fair wages and protections, etc. All of these developments happened only because people willed them and fought to ensure economic expansion benefited regular people. It could have just as easily gone the other way; indeed, it IS going the other way now (and has been for the last 30 years or so). The choices today are different: to let the markets decide, to deregulate and bolster corporations, to exacerbate the wealth divide, to enforce an unfair tax system, to shift essential costs (healthcare, environmental remediation, etc.) to the taxpayer, and so on. And so the middle class erodes. It should come as no surprise.

What’s talked about less in this NYT piece is the role of government in redistributing income. The idea that the US tax system should take more than half of the income people earn beyond a certain point is hardly radical; as early as the 1920s, the highest earners turned over as much as 70 percent to the government — and unlike today’s billionaires, they actually paid it. The JP Morgans of the world got really really rich AND paid high taxes AND gave a lot of money to public enterprises (public libraries, public museums etc.).

That as much as unionization and post-War industrialization created the middle class.

Another interesting comment:

Our “free-market” policies of the last 30 years have favored efficiency and productivity above all else. The result has been sending American jobs overseas on a massive scale. Now we have inexpensive tee-shirts and computers, but vast unemployment and underemployment. Instead, I believe our culture should favor creating as many high paying middle-class jobs as possible without regard to “productivity”. This requires protective trade barriers. Yes, prices will go up, but for a more affluent society, it’s a cheap price to pay.

Obama talks a good line about the middle class, but he’s not offering any specific ideas that would fundamentally change the direction of US economic policy. In fact, the biggest issue in the campaign isn’t even an issue.

Oh, and by the way: I have to note that Randy Shaw at BeyondChron is now talking about the important of “class diversity.” He’s right — there need to be more tenants (and working-class tenants) on the Planning Commission and Board of Appeals. There also needs to be a consciousness of class issues in general at City Hall — and a discussion of how policies that favor high-tech companies, like those of his beloved Mayor Lee, are pretty clearly NOT in the interests of protecting class diversity in the city.

 

 

Guardian feminism panel calls for change, gang activity

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In the interest of behaving badly, let us first say that we won’t apologize for the “roving feminist gangs” comment, nor the laughter that ensued at our July 11 “Bay Area Feminism Today” panel. In the light of the sexual attacks that have terrorized Mission District residents this year, Celeste Chan’s joke (actually a reference to comments made by Fox News in reference to the New Jersey Seven) has to be read as a self defense tactic — and source of comfort and strength to the women living in the neighborhood. Not a threat to men. Unless they’re commiting sexual assault, of course — but then, women commiting sexual assault will probably have the gang’s wrath to face as well. 

Seven women from all walks of Bay Area activism — arts, nightlife, immigrant advocacy, domestic violence organizations, and more — came together at City College’s Mission branch to discuss what our SF progressive community needs to work on, recent feminist victories, whether they even believe in the term “feminism,” and everything in between. Our “Faces of feminism” cover story announcing the event attracted a decent-sized crowd of around 120 (mainly young women, with zero male elected officials in attendance.) We laughed, we nearly cried, we came away with a lot to think about. Here’s some of the general topics that were discussed. And here’s to this being a spark for continued talks, however a Fourth Wave Bay feminism may take shape.

>>FOR THE FULL BIOS OF OUR PANELISTS, CHECK OUT THE EVENT ANNOUNCEMENT 

Reproductive justice

Reproductive justice has long been a feminist goal, but with the recent spate of attacks on birth control and abortion access it’s come up again. Are we here in the Bay Area isolated from the War On Women?Some panelists thought we can affect the country’s situation positively.

“Part of what we do here in the Bay Area is we send strong women to Washington,” the Drug Policy Alliance‘s Laura Thomas said. “We are responsible for a significant amount of women in Congress.” But California’s reproductive justice situation is more complicated than it may seem. St. James Infirmary‘s Stephany Ashley noted that reproductive health here is under attack with “criminalization of HIV-positive people,”  and that California “just cut all funding for HIV prevention for women.”

>>CHECK OUT REBECCA BOWE’S RECORDED LIVESTREAM OF THE EVENT HERE

Chan, founder of Queer Rebels Productions, added that California is cutting domestic violence services through slashing CalWORKS funding. Mujeres Unidas‘ Juana Flores noted that the Bay’s Latino communities can find it difficult to support aspects of reproductive health because of religion and tradition. But she said that people need to work together and realize that “it’s a real war. It’s a real war on us.” She warned that “politicians are not going to fix things just because they want to improve our lives. We need to fight back.”

Transgender activist and member of SF’s Youth Commission Mia Tu Mutch said that part of the war on women has been a wave of anti-trans legislation across the country, as well as a wave of hate crimes, especially against trans women of color. Some legislation in Tennessee is making it more difficult for trans people to go the bathroom, she said. “Reproductive justice is important, but we also need just the simple right to pee.”

But what about the word itself?

Does feminism have power as its own concept now, or has its work been rightly subsumed into the queer movement, the civil rights movement, and other forms of activism? “A lot of us can agree that there isn’t something you can point to and say, this is the feminist movement in San Francisco,” Ashley said. “But there are many important feminist projects happening.”
Alix Rosenthal, who created a controversial women’s slate in her bid for re-election on the SF Democratic County Central Committee recalled how “30 to 40 years ago, we all had to join together because there weren’t enough of us. Now people have splintered off.” Chan brought up the bicycle scene in 1983’s feminist sci-fi film Born in Flames, and quoted Audre Lourde: “for so long, we’ve been on the edge of each other’s battles.”

Tu Mutch said that she “would rather identify as fighting for LGBT rights, progressive rights” than as feminist. But, she continued that it is “under the system of patriarchy that we’re all getting screwed over.” She said that women are treated as second-class citizens, and trans and gender non-conforming people are treated as third class citizens in our society.  Edaj, longtime Bay Area DJ and director of the Women’s Stage at Pride for a decade, agreed that the word feminism “sparks a lot of emotion in people” and can create obstacles in growing support. Said Flores: “it’s a big word. People call me a feminist when I claim my rights. When I see another women who is suffering or being abused it’s unbearable to me,” Flores said. “When someone calls me a feminist, I feel proud.”

The inward gaze: how does the San Francisco progressive community do on feminist issues?

In a word: okay. But there’s work to be done even here, in “progressive” San Francisco. Thomas led the charge, talking about the state’s current legal ability to shackle women prisoners during childbirth. Tu Mutch expressed a need to stop “pitting groups against each other,” and to get rid of a City Hall attitude that says “my budget is more important than yours.” Tu Mutch said “there’s still rampant transphobia and gender essentialism,” that affects not just women, but the “countless people born with intersex conditions and who identify outside the binary.”

Ashley pointed out that “even some of our favorite male progressive politicians, you don’t see them cultivating leadership among women, queer people, trans people.” She talked about how that’s a traditional feminist organizing principle, “mentorship and meaningful participation, not just tokenizing participation.”

As a (not) side note, there wasn’t a single male politician in the audience that day. As Ashley put it, “patriarchy is really the problem.” Ashley and panel moderator, SFBG culture editor Caitlin Donohue shared the fact that they’ve felt diminished by remarks made by and in the company of the city’s so-called “progressive politicians.”

Recent feminist victories

But enough depressing stuff. How about recent feminist victories, asked an audience member.

This question was met with a disconcerting silence. Until Chan jumped in: “I’m really inspired by the place queer arts are at right now.” She told of the “lineage of resistance” of art that deals with questions like “how do people survive the unimaginable? How do people survive the truly horrific?” Disturbing incidents like that of transgender prisoner Cece McDonald beg the question, “is the perfect victim a dead victim? If you fight back, you’ll be criminalized? Now more than ever we need a movement. We really need to come together,” concluded Chan.

Rosenthal saw hope in surprising places. “Sarah Palin and Michelle Bachman,” she said. “These women are so incompetent. But they made it. They really made it.” She talked about how usually women have had to be five times better than the men they competed with, but “Sarah Palin and Michelle Bachman are not five times better than anyone. But they made it.”
Laura Thomas was inspired by Julia Bluhm, the 14-year old ballet dancer from Maine whose online petition led Seventeen to promise to stop using Photoshop to alter women’s body types. Ashley acknowledged Tu Mutch’s advocacy work, and said she was recently inspired by a “take back the plaza” event Tu Mutch had organized. Edaj was inspired by being named a Pride Grand Marshall, and the feeling that the Pride organization was acknowledging the importance of the space created at the Women’s Stage. She was also inspired by Morningstar Vancil, a Filipino vet who is a two-spirit drag king, and Vancil’s commitment to disabled veterans issues.

Action items

In response to a question that asked what the 2012 action plan for Bay Area feminists should involve, Ashley said “principles of intersectionality, anti-colonialism, anti-capitalism” had to be valued more than they have been in past feminist movements. They’re there in Third Wave feminism, Ashely said, only they are “wrapped up in theory and academia.” Those guiding principles should have “more on the ground” applicability. What needs to happen right now, speaking of on the ground? Back to 2012’s spate of sexual violence in the Mission, there’s a distinct necessity for “a perfect community response that doesn’t involve the police, so that we all of a sudden feel really comfortable taking a walk at 3 in the morning through our favorite neighborhood.”

Flores said that any new form of feminism would need to be about “mutual respect” and “against any form of injustice,” to which Thomas agreed, saying it needs to be “less theory, more practice.” It also, Thomas said “has to deal with gender in a different way. A new feminism needs to go beyond gender, or deal with gender differently” in the sense of respecting gender non-conforming identities. A tricky prospect, she admitted. “How you develop a gendered movement that doesn’t use gender as a defining construct, I don’t know.” More specifically, she underlined the importance of “progressive revenue measures,” and “an end to cuts to childcare and domestic violence programs.” “Our economy’s not coming back through more cuts. We need revenue, more taxes,” she said, to cheers from the crowd. Well this was a Guardian forum, after all. 

Edaj reiterated that “that word scares off a lot of people who might otherwise want to join.” Tu Mutch underlined that it would need to “take up the idea that men and women are opposites. That only serves to degrade women.” A new feminism, she said, would be about “turning away from that and realizing there’s lots of different genders.”

Tu Mutch said she would like to see success for her organization to fight for trans healthcare rights, FEATHER. “People have to spend ridiculous amounts of money to transition,” she said. “We need universal healthcare for all, including trans people.”

Chan pondered the question. In the end, she concluded, “roving feminist gangs,” inspiring at least one angry letter from a slighted middleaged white man in the crowd. Which wasn’t the only reason why we deemed the panel a success, but an important one.

Guardian Voices: There’s something happening here

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There are distinct signs of the rebirth of a grassroots  balanced-growth  movement in San Francisco, and some small indication that it’s even beginning to shift, ever so slightly,  the politics of the Board of Supervisors.  This is very good news for the vast majority of San Franciscans.

First, a little history.

Land use and the approval of major development projects lie at the very heart of San Francisco politics. Developers and their allies (the building trades, contractors, bankers, architects, land-use lawyers, consultants, and  permit expeditors) are the primary source of political money for candidates for local office. Since the freeway and urban renewal fights of the 1960s, the very definition of  progressive  politics in San Francisco has been the attempt to build a political base of  residents to resist that money.  So-called moderates are simply the political extension of the pro-development lobby using its money to consolidate developer control of the public approval process.

In most cities, land-use issues — zoning, permits, urban design — is left to elites. Not so in San Francisco. Here, land use is talked about at neighborhood meetings and on street corners. The heart the reason is our compact size: 46.7 square miles, and the prohibition of filling in any more of the Bay to create new land. There is no vacant land in San Francisco. Any new major development almost always displaces something already there.  Development is a zero sum game, with winner and losers.  And the losers  leave town.

Land-use politics is about staying here — and that creates real interest among San Francisco residents.

The funding for major development in San Francisco has dramatically changed in the 45 years since the freeway and anti-urban-renewal fights of the mid-1960s. Back then, it was public sector money that fueled development. Yet, with that money, due to the actions of  progressive politicians like Phil and John Burton and George Moscone, came its own remedy: votes to not accept the public money for freeways (Moscone) and votes creating either laws that either prohibited displacement or funded legal assistance to the poor, empowering  them to stop government agencies through litigation (the Burtons at both the state and federal level).

Since the money for freeways and urban renewal was from the government, the focus of the early balanced growth  forces was on government itself, through massive lobbying campaigns to affect officials’ votes (the freeway fight), or the use of government-funded lawyers  to protect poor people’s  interests ( the WACO and TOOR lawsuits against redevelopment).

All of that changed starting in the 1970s, when Richard Nixon and later Ronald Reagan deregulated oversight of urban development by creating a system of  block grants and ended funding for legal assistance for the poor.  Large-scale development was effectively privatized, moving it from being designed, funded, and approved at public meetings by government officials following regulations to being designed and funded in private — and having a Kabuki-play-like public approval process with little real oversight. With the passage of Prop 13 in 1978, which limited the main source of local government revenue — property taxes — local governments became even more reliant on private developer money to create new revenue.

The popular response to this change in the development process in San Francisco was the emergence of a politics that relied on the old progressive-era reforms of the initiative, referendum, and recall. Through a series of initiatives, the community sought to impose regulations on the development process, culminating in the 1986 Proposition M, which actually limited the amount of high-rise office space developers could build, completely imposing the popular will over a supine set of local officials and politicians. Indeed, ten years earlier, again through the initiative processes, the very nature of the Board of Supervisors was changed from a developer-friendly at-large system to a district-election system. Hotly opposed by real estate and development interests, district elections in its brief three years of existence (repealed in the wake of the Moscone-Milk assassinations, even though they were both strong supporters of the system and their assassin opposed it…ironies abound in San Francisco politics) saw limits placed on condo conversions and the passage of rent control.

In each of these multi-year efforts, a citywide coalition was formed, including an ever-expanding set of communities and neighborhoods.  Common interests were defined that cut across race, class, and geography and issues of community (neighborhood) control and funding for essential services like Muni, affordable housing, childcare, and employment training were placed on the table – and developers had to address them if they wanted projects approved.

The point is that balanced growth came from community-based political forces, not elected officials.  Broad movements were built — in the end, encompassing elements of labor. These were victories won not by elected officials but by a popular movement.

In 2000, in the wake of  the dot-com bust, another balanced-growth measure, Prop. L, aimed at cutting then-Mayor Willie Brown’s power over development, was paired with the new district election system — and a broad coalition of forces including labor, community and neighborhood organizations won a major progressive victory.

Every candidate for supervisor who supported the balanced-growth measure won. Every candidate who opposed it and supported Brown lost. While Prop L narrowly lost, its policies and objectives were passed as ordinances by the new Board of Supervisors (banning live-work lofts, closing loopholes in the planning code, requiring neighborhood-based plans for the Mission, SOMA, and Potrero Hill).

But as is so often the case, the victory of 2000 led to the slow dissolution of the coalition that created it. Folks had won. Our supervisors could handle all these issues; we no longer had to. By the end of the term of the supervisors elected as the class of 2000, very little of that citywide coalition existed any more.

With the Great Recession of 2008, advances were rolled back.  Fees on local developers for affordable housing, childcare and transit were deferred in order to stimulate development.  A new era of “moderation” was announced by elected officials, led by Mayor Gavin Newsom. Desires to “attract and retain”  business saw new tax concessions in the name of “jobs” and a new willingness to use open space and public facilities for “private/public partnerships” was announced.

By 2012 any concept of balanced growth had been replaced with a new era of “cooperation” between city officials and developers.

Until recently, that is.

It should be clear to all that for the last four years, City Hall has been eager to approve any scheme presented by private developers — from the America’s Cup nonsense to highrise luxury condos on the waterfront. The siren song of the developers — more revenue if you approve our project — has been proven false again and again, as the revenue never really matches the real costs of these projects. The city’s essential services continue to shrink. Transit fees are too low to pay for the actual new costs of Muni. The affordable housing  fees are too little to actually meet the affordable housing needs of the new, poorly-paid workers employed in the retail and service industry that is always a part of these projects.

More and more of our parks and public open spaces are made available to private users, while few if any new public parks or open spaces are being created.  Indeed, the Department of Parks and Recreation often opposes new public parks — because it can’t maintain what it has.

So it is with fondness that these old eyes see the stirring of what appears to be the awakening political  giant of a new controlled-growth movement.

Here’s how it’s happening: The formation of a multi-neighborhood coalition to oppose fee increases at the Arboretum leads to a bigger coalition to oppose artificial turf  fields in western Golden Gate Park, which leads to an even-bigger coalition placing a policy statement against the privatization of Coit Tower on the ballot and winning.

These are important indications of a broad dissatisfaction with the endless private-public-partnership ( in which all the costs are public and all the profits are private) babble from Rec and Park.

The submission by a broad based coalition of more than 30,000 signatures to place the 8 Washington on the ballot — the first land-use referendum in decades — is an incredibly important achievement, and shows the popular sentiment against much of the City Hall happy talk about development on the waterfront.

But it was the unanimous ( yes, unanimous) vote by the Board of Supervisors last Tuesday to hold California Pacific Medical Center accountable for its constant shape shifting  on its massive project at Geary and Van Ness that shows, perhaps, the outline of the potential future of the balanced-growth movement in San Francisco.

Six supervisors stated their willingness to turn down the environmental impact report on the project unless Sutter/CPMC committed to a project that addressed not only the promise to keep St. Luke’s open for at least 20 years but also hired more San Franciscans, corrected the traffic nightmare predicted for Geary and Van Ness, provided more affordable housing for its own low-income new workforce, and committed  to cap the city’s health care costs as a result of CPMC’s market control the new project would create.

There is always the possibility that the two-week delay will go nowhere, but this kind of talk from this Board of Supervisors to a huge private developer simply has not occurred in the recent past.  No one from Room 200 showed up to twist supervisors’ arms in favor of Sutter.  Sutter was on its own and got rolled.

The coalition that fought Sutter to a standstill at the board, that defined the inadequacies of  the project listed by the supervisors, was a multi-neighborhood, multi-issues organization composed of community, neighborhoods, and labor. Middle class “Baja” Pacific Heights residents and low income seniors from Bernal Heights, non-profit affordable housing advocates and trade unionists, tenant organizers from the Tenderloin and Sierra Club members from the Haight-Ashbury; single moms from the Bayview and Filipino youth from the South of Market.

It was a San Francisco coalition, one that has been working together for nearly three years, blending issues, making concessions to one another and staying together.  A group like this with a set of demands such as these has not prevailed at City Hall for nearly a decade.  It still may not, indeed the chances are slim that its full demands will be achieved.

But this group moved the Board of Supervisors in a way not seen in years.  If the folks mobilized about our parks and the folks mobilized about our waterfront and the folks mobilized about CPMC get together, we have something very big happening. And it might be just in time to make a real difference.
It reminds me of an old saying: “ The people alone are the makers of world history.”

Shutting down Sunshine

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EDITORIAL The unwillingness of the San Francisco Board of Supervisors to follow the City Charter’s rules on open government has reached a new level of absurdity: The Sunshine Ordinance Task Force voted July 11 to stop meeting, because the supervisors wouldn’t appoint the legally mandated members.

Technically, the fuss is over a provision in the law creating the Task Force that mandates one member must be a physically disabled person with a demonstrated interest in open-government issues. That was written into the law in part because access to meetings for people with disabilities is an ongoing area of concern.

But the supervisors refused to reappoint Bruce Wolfe, a longtime task force member who met that criterion — and who had the respect of independent and progressive leaders all over town. And none of the six people the board did appoint qualify as physically disabled.

So the City Attorney’s Office advised the task force that it would be violating the charter if it met and took any action — and although the chance that the courts would invalidate task force decisions might be slim, the members could face fines. So the panel did the prudent thing and quit meeting.

Now, for all practical purposes, there is no Sunshine Ordinance Task Force, and it will be in legal and political limbo until the supervisors appoint a disabled member.

That follows on the heels of the board refusing — for the first time since the creation of the task force in 1999 — to seat the nominees of the Society of Professional Journalists, New American Media, and the League of Women Voters. Those organizations were given the right to submit names for three seats as a way to ensure that some of the task force members were from outside City Hall and represented media and good-government groups.

So the agency that it supposed to protect the public’s right to access records and meetings has been stacked with City Hall-friendly appointees and now is unable even to hear complaints.

There’s no question that some supervisors are annoyed with the task force, in part because it’s issued some rulings that board members disagreed with. But the task force is supposed to come down on the side of public access whenever possible, and if the agency is doing its job, it’s going to piss off politicians. The response shouldn’t be to seek retribution by denying its ability to function.

The supervisors are demanding that SPJ, NAM and the League submit new lists of nominees, with multiple names, which is unprecedented and difficult: These grassroots groups are supposed to line up a group of volunteers for a difficult, time-consuming, unpaid job — then tell them that all but one of them will be rejected by the supervisors? Who’s going to want to be in that position?

The three organizations should hold their ground, resubmit their nominees and ask the supervisors to follow the City Charter. And the City Attorney’s Office needs to offer some clarity here: Can the supervisors, in a fit of pique, shut down a Charter mandated watchdog agency? Really?

 

Black Young Democrats rally against stop and frisk

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A group organized by the San Francisco Black Young Democrats rallied at City Hall today. Their message: no to stop and frisk.

Members of the group, as well as the ACLU and the Asian Law Caucus, said the policy would violate the civil rights of San Franciscans.

Supervisors Malia Cohen, along with Avalos, Campos, and Mar also attended the rally and expressed their support. They co-sponsored a non-binding resolution, introduced by Cohen,  that condemned the idea of implementing stop and frisk in San Francisco.

Mayor Ed Lee said he was considering implementing the controversial policy a few weeks ago.

Under a stop and frisk policy, police have the leeway to stop and search people that they consider suspicious. On average, 85 percent of those stopped in New York City are young African American and Latino men.

Opponents say racial profiling is inevitably involved and that, for people who may be carrying minor contraband but no dangerous weapons, this racial profiling leads to selective enforcement of laws. About 87 percent of those stopped in New York were completely innocent, according to numbers compiled by the New York Civil Liberties Union.

Lee said he suggested the idea after a spike of gun violence in June. But it has generated a backlash, and at today’s rally about 75 showed up to present a petition signed by more than 2,000 asking the mayor not to implement the policy.

Joaquin Torres, director of that office, accepted it on Lee’s behalf.

Lee himself didn’t engage with the protesters, but he did issue a statement not an hour after they left City Hall “clarifying his position” on stop and frisk.

“I want to be clear that I have not considered implementing a policy in San Francisco that would violate anyone’s constitutional rights or that would result in racial profiling,” the statement reads.

Ellington said the statement was not enough. “We want Mayor Ed Lee to say that he will not implement stop and frisk in San Francisco, nor any policies that are like stop and frisk. No policies that infringe upon our civil liberties,” Ellington told the Guardian.

“These are predatory policing practices that we don’t want in our city,” he said.

Olague’s antics on RCV alarm her progressive supporters

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As Sup. Christina Olague was being appointed to the District 5 seat on the Board of Supervisors by Mayor Ed Lee in January, we noted how difficult it might be to balance loyalty to the moderate mayor with her history as a progressive and someone running for office in one of the city’s most progressive districts.

By most indications, Olague doesn’t seem to be handling that balancing act — or the pressure that goes along with it — very well at all, to the increasing frustration of her longtime political allies. And that’s never been more clear than on the issue of repealing the city’s ranked choice voting (RCV) system.

As you may recall, earlier this year the board narrowly rejected an effort by its five most conservative, pro-downtown supervisors to place a measure repealing RCV on the June ballot. So chief sponsor Sup. Mark Farrell tried again in March with a ballot measure for November, this time just for citywide offices, and Olague surprised progressives by immediately co-sponsoring the measure, giving it the sixth vote it needed.

Since then, she’s offered shifting and evasive explanations for her actions, telling RCV supporters that she would withdraw her support then going back on her word. Sources close to Olague say that she’s been taking her marching orders on the issue directly from the Mayor’s Office, even as she tries to appease her progressive supporters.

Even trying to get a straight answer out of her is difficult. Two weeks ago, as the Farrell measure was coming to the board for a vote, I called her on her cell phone to ask whether she still supported the measure, and she angrily complained about why people care about this issue and said “you’re going to write what you want anyway” before abruptly hanging up on me.

I left her a message noting that it was her support for repealing RCV that had raised the issue again, that I was merely trying to find where she now stood, and that we expect accountability from elected officials. She called back an hour later to say she was still deciding and she denied hanging up on me, claiming that she had just run into someone that she needed to talk to.

At that week’s board meeting, she offered an amended version of Farrell’s proposal – which would replace RCV with a primary election in September and runoff in November for citywide offices – repealing RCV only for the mayor’s race. She has not directly addressed the question of why she supports a September election, which is expected to have even lower voter turnout than the old December runoff elections that RCV replaced.

So RCV supporters worked with Board President David Chiu to fashion an third option, this one maintaining the ranked-choice election for all offices in November, but having a December runoff between the top two mayoral finishers.

Going into this week’s board meeting on the issue, nobody was quite sure where Olague stood on that proposal or the overall issue, again because she’s been making different statements to different constituencies. And as the issue came up and various supervisors stated their positions, Olague stayed silent, as she has remained since then, refusing to return our calls or messages on the issue.

But because of technical changes to the three measures requested by the City Attorney’s Office – which Farrell made to Olague’s option, which he said he would support if his is defeated – consideration was delayed by a week to this coming Tuesday.

RCV supporters and Olague’s progressive allies didn’t want to speak on the record given that she is still the swing vote on the issue, but privately they’re fuming about Olague’s squirrely temperament, lack of integrity, and how she’s handling this issue (as well as her bad votes on the 8 Washington high-end housing project and her role in the Lee perjury scandal).

But rival supervisorial candidates like Julian Davis – who came to the hearing at City Hall Tuesday and proclaimed his unqualified support for RCV – are less reticent.

“Silence or avoidance are not acceptable, so we’re calling for her to explain why a low-turnout, plurality election in September is good for San Francisco. Help us understand,” he said, noting that such a election especially hurts minority groups and other progressive constituencies that don’t vote as reliably as conservatives. “Why should Christina Olague have anything to do with it? You and the rest of San Francisco deserve an answer.”

Meanwhile, Davis recently won the endorsement of local Democratic Party Chair Aaron Peskin, while fellow progressive candidate John Rizzo announced his endorsement by Assembly member Tom Ammiano. And there are rumors that some prominent progressives who have already endorsed Olague are considering withdrawing their endorsements because of her recent behavior.

All of which make for some interesting dramas going into Tuesday’s RCV vote.

The malling of San Francisco

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steve@sfbg.com

Shopping malls filled with national chain stores and restaurants are in many respects the antithesis of San Francisco. They’re the bane of any metropolis that strives to be unique and authentic. And those just happen to be qualities that make tourism this city’s number one industry.

The logic of modern capitalism, and its relentless growth into new markets, has already placed a Target or a Walmart, and a Nordstrom, Macy’s, Ross, or a JCPenney — along with a bevy of Starbucks, Applebee’s, Jamba Juice, and McDonald’s and myriad other formulaic corporate eateries — in just about every town in the country.

Do people really need them here, too? And in a city renowned worldwide for its scenic beauty and temperate (albeit sometimes foggy) climate, do people want to shop in the enclosed, climate-controlled malls popularized in the small or suburban towns that many residents came here to escape?

For me, the answer is no. Frankly, malls have an aura of artificiality that gives me the creeps — but I freely acknowledge that not everyone feels that way. Some San Franciscans may like malls and chain stores while others don’t.

But it doesn’t really matter what any of us think. Left unchecked, it’s the market that matters — and the logic of the market gives chain stores a huge competitive advantage over the mom-and-pops. Their labor and supply costs are lower, their financial resources are more extensive and appealing to commercial landlords, and their business models are based on constantly opening new stores.

All cities have to do is just say yes. And San Francisco has been increasingly saying yes to malls and chain stores.

The economic desperation that set in since the financial crash of 2008 has overcome the trend of resistance to so-called “formula retail establishments” that had been building in San Francisco during the years before the recession.

So now, rather than dying from neglect, the Metreon mall has been brought back to life by a huge Target store set to open this fall, the second Target (the other one at Masonic and Geary) going into a city that had once eschewed such national mega-retailers.

Just down the street, in the heart of the city’s transit-rich commercial center, the CityPlace mall that had been abandoned by its previous owners after winning city approval two years ago is now being built by new owners and set to open next spring with “value-based” national chain stores like JCPenney.

Projects funded with public money aren’t immune either. The new Transbay Terminal transit center now under construction will have its own mini-mall, with 225,000 square feet of retail, much of it expected to house national chains. Even more retail will be built on the ground floor of the dozen other nearby residential and office buildings connected to the project.

And it isn’t just these new malls going in a stone’s throw from the Westerfield Mall, Crocker Galleria, San Francisco Center, and other central city malls. All over town, national chains like the Whole Foods and Fresh & Easy grocery stores are replacing Cala Foods and other homegrown markets, or going into other commercial shells like the S&C Ford building on Market near the Castro.

Just a few years ago, the approval of Home Depot on Bayshore Boulevard (since then sold and opened as Lowe’s, another national chain) was a hugely controversial project approved by the Board of Supervisors on a closely watched 6-5 vote. Now, Lennar is building an entire suburban-style complex of big box stores on Candlestick Point, hundreds of thousands of square feet — without much controversy at all.

Even Walmart — the dreaded poster child for huge corporations that use their market power to drive down wages or force local stores out of business — is reported to be actively looking to open “a couple” of stores in San Francisco (see “Walmart sets sights on San Francisco,” June 24, San Francisco Chronicle).

To Livable City Executive Director Tom Radulovich and others who have long encouraged San Francisco to embrace the kind of urbanism advocated by famed author and activist Jane Jacobs — which emphasizes unique, neighborhood-based development that enhances public spaces and street life — accepting the malls feels like giving up on more dynamic urban models.

“It’s sort of an admission of failure,” Radulovich said. “It’s the failure of urbanism in San Francisco.”

 

 

MID-MARKET SYMBOLISM

Mid-Market Street is a bellwether for the type of city San Francisco may become. Every mayor since at least Dianne Feinstein in the late 1970s has called for the redevelopment of Mid-Market into a more active and inviting commercial and social corridor, and few have done so more fervently than Mayor Ed Lee.

Several city studies have explored a wide variety of ways to accomplish that goal, from eliminating automobiles and transforming Market Street into a lively pedestrian promenade to using redevelopment money, tax breaks, and/or flashy lighted signs to encourage distinctive development projects unique to San Francisco.

“But the city failed, so the market filled the void,” Radulovich said.

It isn’t that all shopping malls or enclosed commercial areas are necessarily bad, Radulovich said, citing the influential work by writer Walter Benjamin on the roles the enclosed “arcades” of Paris played in public life. “They work when they are an extension of public spaces,” Radulovich said.

Yet that isn’t what he sees being built in San Francisco, where what gets approved and who occupies those spaces is largely being dictated by private developers who are more interested in their bottom lines than with the creation of a vibrant urban environment where people are valued as more than mere consumers or workers.

San Francisco isn’t alone in allowing national chains to increasingly dominate commercial spaces. In fact, Stacy Mitchell, a researcher with the Institute for Local Self-Reliance, said that until recently San Francisco was one of the best big US cities in controlling the proliferation of chain stores.

But the city has lost ground since its anti-chain high water mark in 2007, when voters approved Proposition G, which expanded the controls on formula retail outlets — generally requiring them to get a conditional use permit and go through public hearings — that the Board of Supervisors had approved in 2004.

Those controls are only as good as the political will to reject a permit application, and that doesn’t happen very often. A memo prepared last July for the Planning Commission — entitled “Informational Presentation on the Status of Formula Retail Controls” — found that of the 31 formula retails applications the city received since 2007, just three were rejected by the commission, six were withdrawn, and 22 were approved.

It’s gotten even worse since then, as the two Targets and other chains have been courted and embraced by Mayor’s Lee’s administration, whose key representatives didn’t respond to Guardian interview requests by press time.

Mitchell said it’s not nearly as bad in San Francisco as it is in Chicago, New York City, New Orleans, and other iconic US cities whose commercial spaces have been flooded with chains since the recession began.

“It’s nothing compared to the no-holds-barred stuff going on in New York City right now,” Mitchell said. “Walking down Broadway now is like a repeating loop of the stores you just saw further up the street.”

It isn’t that these cities are actively courting the national chains in most cases. It’s just that in the absence of strong local controls, developers and large commercial landlords just prefer to deal with chains, for a variety of reasons.

“If you’re just going with the flow of what developers are doing,” she said, “you always end up with national chains.”

And that’s what San Francisco has started to do.

 

 

MALLS LIKE CHAINS

Stephen Cornell, the owner of Brownie’s Hardware and a board member of the nonprofit advocacy group Small Business California, said chains have a huge competitive advantage over local businesses even before either one opens their doors.

“In general, landlords tend to like chains more,” said Cornell, whose business has struggled against Lowe’s and other corporate competitors. “The landlord always worries: is this guy going to make it and do they have the funds to back it up?”

Big corporate chains have lawyers and accountants on staff, and professional systems established for everything from buying goods to opening new stores, whereas most local entrepreneurs are essentially figuring things out as they go along.

“They’re very good at selling themselves,” Cornell said. “They’re going to manipulate the system perfectly, whether it’s the city and its codes or dealing with neighborhood merchants.”

And for large malls, Cornell said the problem is even worse. Brokers that fill malls have standing relationships with the national chains — most of which are publicly traded corporations seeking to constantly expand and gain market share — and no incentive to seek out or take a chance on local entrepreneurs.

“Chains have a lot of advantages,” Cornell said.

Mitchell said there are two main ways in which malls favor national chains over local businesses. In addition to the relationship between mall brokers and national chains, malls are often built with financing from financial institutions that require certain repayment guarantees.

“What they want to see are credit-worthy clients signed onto those places, and that means national chains with a credit rating from Standard & Poors,” Mitchell said, noting how that “automatically locks out” most local businesses.

Cornell also noted that national chains have already figured out how to maximize their efficiency, which keeps their costs down even though that often comes in the form of fewer employees with lower pay — and less reliance on local suppliers, accountants, attorneys, and other professionals — which ends up hurting the local economy. In fact, big chains suck money out of the city and back to corporate headquarters.

“All those people are making money and spending money here, so you have to look at the full circle,” Cornell said.

Mitchell said there are often simple solutions to the problem. For example, she said that city officials in Austin, Texas recently required the developer of a large shopping mall to set aside a certain percentage of the units for locally owned businesses.

So rather than hiring a national broker to find tenants, the developer hired a local broker to contact successful independent businesses in the area who might be interested in expanding, and the project ended up greatly exceeding the city’s minimum requirements.

Mechanisms like that, or like the formula retail controls pioneered in San Francisco, give her some hope. But she said, “Whether the counter-trends will be enough to counter the dominant trend, I don’t know.”

 

 

PUBLIC SUBSIDIES

The increased malling of San Francisco isn’t simply the result of official neglect. Often, the city’s policies and resources are actively encouraging the influx of chain stores. A prime example is the massive redevelopment project on Hunters Point and Candlestick Point that city voters approved in 2008 after mega-developer Lennar and most San Francisco political officials pushed the project with a well-funded political campaign.

“If you’re selling the land to Lennar for a dollar, and then building all the automobile infrastructure for people to get there, then that’s a massive public subsidy,” Radulovich said of the big-box mall being built on what was city-owned land on Candlestick Point.

That public subsidy creates a cycle that makes San Francisco less intimate and livable. Creating commercial spaces on the city’s edge encourages more people to drive on congested regional roadways. These spaces are filled with national chain stores that have a direct negative impact on small, locally owned stores in neighborhood commercial districts all over the city, causing some of these businesses to fail, meaning local residents will need to travel further for the goods they once bought down the street.

“Those neighborhoods are going to be less walkable as a result,” Radulovich said, noting how the trend contradicts the lip service that just about every local politician gives to supporting local businesses in neighborhood corridors. “There’s a certain schizophrenia to San Francisco’s economic development strategy.”

Sup. Eric Mar has been working with Jobs with Justice San Francisco and other groups to tweak city policies that have allowed the chains to proliferate. Last year, Mar held high-profile hearings in City Hall on how national chains impact local businesses, which pointed to the need for additional protections (see “Battling big box,” Jan. 3).

This year, he’s working on rolling out a series of legislative initiatives designed to level the playing field between local interests and those of Wall Street and the national chains it champions.

Last month, the Board of Supervisors approved Mar’s legislation to add banks to the city’s formula retail controls, a reaction to Chase Bank and other national banks snapping up vacant stores in neighborhood commercial corridors such as Divisadero Street.

Now he’s working on legislation that would mandate minimum labor and community benefit standards for chain stores — including grocery outlets such as Fresh & Easy — and study how chains affect San Francisco’s overall economy.

“There should be good neighbor policies when they come into a neighborhood,” Mar said. “Some neighborhoods are so distressed they may want a big box grocery story coming in, but we need to try to mitigate its negative impacts.”

One of his partners in that effort is his brother, Gordon Mar of Jobs with Justice, who argues the city needs to have a clearer picture of how national chains impact local communities.

“We’ve definitely seen an increase in corporate chain stores coming into San Francisco in the last year, and nobody has really been tracking it,” he said.

While the Planning Department’s quarterly pipeline report shows that applications for retail outlets has held steady at about 3 million square feet on the way in recent years, it doesn’t break out how much of that is national chains — let alone how that impacts the city’s economy and small business sector.

The city’s Legislative Analyst is now studying the matter and scheduled to release a report later this summer, which Gordon Mar said will be helpful in countering the narrow “jobs” rhetoric that now dominates City Hall.

“They are exploiting the economic recession by saying they’re bringing much needed jobs into the city and serving low-income residents,” he said. “But when you bring out the facts about the impact of these low-road retail stores on neighborhoods and small businesses, there is a net loss of jobs and a lowering of labor standards.”

 

 

VALUING MALLS

Yet the fate of those controls is uncertain at best, particularly in a tough economic environment in which the city needs revenue, people are desperate for jobs, and many residents have seen their buying power stagnate, making the cheap goods offered by Target and Walmart more attractive.

“It’s complicated stuff,” Michael O’Connor, a local entrepreneur and former member of the Small Business Commission who favors formula retail controls, told us. “Stores like Target do appeal to lower income families…The progressive agenda needs to understand that working-class families need somewhere to shop.”

O’Connor acknowledges how small businesses like those he owns, including a clothing store, often can’t compete with national chains who buy cheap goods in bulk. So he said he favors protections in some neighborhoods while allowing chains in others, telling us, “I don’t have a problem with the Target going into the Metreon.”

That argument also held sway with city officials when they considered approving the CityPlace project two years ago, which was presented as a mall filled with “value-based” stores that would be affordable to median income San Franciscans.

“At the time, the decision was around whether a value-based retail operation made sense in that location, and the answer was an emphatic ‘yes,'” Barbary Coast Consulting founder Alex Clemens, who represented the project, told us.

On a national or global level, there are good arguments against reliance on national chains selling cheap imported goods, which has created a huge trade deficit between the US and countries such as China that costs American jobs — ironically, the very things that some use as arguments for approving chain stores.

“The recession has created a climate of desperation where cities are more easily swayed by the jobs argument,” Mitchell said, noting the falsity of those arguments by pointing to studies showing that the arrival of chain stores in cities usually creates a net loss in employment. Finally, supporters of chain stores say the cash-strapped city needs the property and sales tax revenue “Because they say they’ll produce a lot sales tax revenue, they’re going to get away with all kinds of shit,” Cornell said, arguing that shouldn’t justify city policies that favor big corporations, such as tax breaks and publicly financed infrastructure. “I certainly don’t think [city officials] should be giving them any advantages.” There are few simple solutions to the complex and interconnected problems that result from the malling of San Francisco and other cities. It’s really a question of balance — and the answer of whether San Francisco can regain its balance has yet to be answered. “Given the mayor’s approach to economic development, it’s inevitable that we’ll have more coming into the city,” Sup. Mar said. “But the ’50s car culture, and the model of malls that came in the ’60s, don’t build communities or strong neighborhoods.”