Civil Rights

Endorsements: Local offices

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Mayor

1. QUINTIN MECKE


2. AHIMSA PORTER SUMCHAI


3. CHICKEN JOHN RINALDI


Let us be perfectly clear: none of the people we are endorsing has any real chance of getting elected mayor of San Francisco. Gavin Newsom is going to win a second term; we know that, he knows that, and whatever they may say on the campaign trail, all of the candidates running against him know that.

It’s a sad state of affairs: San Francisco has been, at best, wallowing helplessly in problems under Newsom, and in many cases things have gotten worse. The murder rate is soaring; young people, particularly African Americans, are getting shot down on the streets in alarming numbers. The mayor has opposed almost every credible effort to do something about it — he fought against putting cops on foot patrol in the most violent areas, he opposed the creation of a violence-prevention fund and blocked implementation of a community policing plan, and he’s allowed the thugs in the Police Officers Association to set policy for a police department that desperately lacks leadership. The public transportation system is in meltdown. The housing crisis is out of control; 90 percent of the people who work in San Francisco can’t afford to buy a house here, and many of them can’t afford to rent either. Meanwhile, the city is allowing developers and speculators to build thousands of new luxury condos, which are turning San Francisco into a bedroom community for Silicon Valley. Newsom only recently seems to have noticed that public housing is in shambles and that the commission he appoints to oversee it has been ignoring the problem.

The mayor is moving aggressively to privatize public services (including turning over the city’s broadband infrastructure to private companies), and he’s done little to promote public power. He’s cracking down on the homeless without offering adequate alternatives to long-term housing. Much of the time, he seems disconnected, out of touch with the city; he won’t show up and take questions from the Board of Supervisors and won’t even comply with the Sunshine Ordinance and release his daily calendar so the voters can see what he’s doing all day. He rarely appears in public, unless his handlers have complete control of the situation.

In fact, almost all of the significant policy discussions and initiatives that are happening in San Francisco today (including the universal health plan that Newsom likes to take credit for) have come from the Board of Supervisors.

There are good things to say about Newsom. We were among the huge number of San Franciscans who applauded when Newsom directed the city to start issuing marriage licenses to same-sex couples. He did more than make a political statement, more than allow hundreds of couples to get married; he put one of the leading civil rights issues of our time on the center stage of the political agenda. And he made all of us proud to be San Franciscans. We were happy to see him stand up against the big international hotel chains and support striking hotel workers. In some ways, he’s brought modern management to the city — the 311 system, which connects callers directly to the proper city services, actually works, and sometimes works well.

But San Francisco is one of the world’s great cities, and it’s in serious trouble, and the person in charge isn’t offering much in the way of leadership — and he certainly isn’t offering the sort of progressive agenda that this city ought to be showing the nation. Newsom doesn’t deserve another term.

And yet the progressives in the city, who have come so very far since the return of district elections in 2000, were unable to field an electable candidate. We could spend pages dissecting why that happened. Matt Gonzalez should have made a decision much earlier in the process. Ross Mirkarimi should have run. The entire movement needs to be better about developing and promoting candidates for citywide office. But right now the issue on the table is this: who should the progressives, the independents, the neighborhood activists, the tenants, the people who have been dispossessed during the Newsom years, who don’t like the prospect of this mayor waltzing into another term atop a landslide majority, vote for Nov. 6?

We aren’t in the habit of endorsing for a big-league elective office people who haven’t put in their time in the minors. And Newsom’s challengers are not exactly a varsity squad. But many of them are raising important issues that Newsom has ignored, and we commend them all for taking on the difficult task of mounting a campaign against a mayor who most observers say is unbeatable. Our endorsements are, to be honest, protest votes — but we hope they’ll send a message to Newsom that there are issues, communities, and ideas he can’t just ignore after his coronation. The smaller the mayor’s margin of victory and the more votes the candidates who are pushing the progressive agenda collect, the less of a mandate Newsom will take into a second term that could be a truly frightening time.

Quintin Mecke has the strongest progressive credentials and by far the best overall approach to issues facing the city. He’s never held elective office (and had never run before), but he’s been involved in local politics for a decade. A volunteer with Tom Ammiano’s campaigns for supervisor and mayor and with Gonzalez’s mayoral campaign, Mecke went on to serve on the civil grand jury and the task force on redistricting, where he helped stave off attempts to chop up progressive supervisorial districts. He helped organize the South of Market Anti-Displacement Committee and now runs the Safety Network Partnership, a nonprofit that works to fight crime and violence in the city’s neighborhoods. He’s on the committee that monitors the city’s homeless shelters.

Mecke told the Guardian that "it’s hard to find an innovative, non-PR-type initiative out of the Mayor’s Office." He supports community policing, a progressive gross-receipts tax that would exempt small businesses, and a moratorium on market-rate housing until the city can determine how it will build enough affordable units. He complains that there’s no standard of care in Newsom’s homeless shelters. He opposes the privatization of public programs and resources.

Mecke tends a bit to bureaucratspeak; he talked about "horizontal conversations" instead of taking some issues head-on. And we’re concerned that he didn’t seem serious or organized enough to raise the modest amount of money it would have taken to qualify for public financing and mount a more visible campaign. But he’s a solid candidate, and we’re happy to give him the nod.

Ahimsa Porter Sumchai is a remarkable success story, an African American woman who grew up in the housing projects and wound up graduating from UC San Francisco’s medical school. She’s running primarily on the issue of environmental justice for southeast San Francisco — and for years has been one of the loudest voices against the flawed Lennar Corp. redevelopment project at and the reuse plan for the contaminated Hunters Point Shipyard. Sumchai says the shipyard can never be cleaned up to a level that would be safe for housing, and she suggests that much of it should be used for parks and open space and possibly maritime and green-industry uses. She’s highly critical of the low levels of affordable housing in market-rate projects all over the city, arguing that the developers should be forced to provide as many as 25 percent of their units at below-market rates. Sumchai is a physician, and she talks like one; her scientific language and approach sometimes confuse people. She suggested that one of the main causes of the homicide rate in the city is mental illness. "You can medically address people who are violent," she told us, saying the first step is to properly diagnose and treat depression in men. "Just as we looked at AIDS as an epidemic," she said, "we should look at violence as an epidemic." Which is, at the very least, an interesting approach.

Sumchai has some innovative ideas, including a universal child-care program for the city, paid for with a "fat tax" on unhealthy food. She’s a strong supporter of public power and a longtime critic of Pacific Gas and Electric Co.

She can be abrasive and temperamental, but she’s talking about critical issues that almost everyone else is ignoring. She deserves support.

Chicken John Rinaldi is the political surprise of the season, an artist and showman who has managed a traveling circus, run a bar in the Mission, put on unusual performances of every kind — and somehow managed to be the only person running for mayor who could qualify for tens of thousands of dollars in public funding. On one level Rinaldi’s campaign is a joke — he told us repeatedly he has no idea what he’s doing, and that if by some wild chance he were elected, he would hire people like Mecke and Sumchai to run the city. He’s the Dada candidate, with his entire run something of a performance art piece.

But Rinaldi has a real constituency. He represents a dying breed in the city: the street artists, the writers, the poets, the unconventional thinkers with economically marginal lifestyles, who were once the heart and soul of San Francisco. It’s hard to pin him down on issues since he seems to disdain any policy talk, but in the end, the very fact that he’s running speaks to the pressure on artists and the lack of support the unconventional side of the art world gets in this increasingly expensive city.

Rinaldi is the protest candidate of all protest candidates, but he’s going to get a lot of votes from people who think San Francisco needs to stop driving some of its most valuable residents out of town — and if that leads to a more serious discussion about artist housing, affordable housing in general, arts funding, and the overall crackdown on fun under Newsom, then it’s worth giving Chicken John a place on the ticket.

There are several other candidates worthy of consideration. Josh Wolf, a video blogger, served 226 days in a federal prison rather than turn over to the authorities tape of a demonstration he was filming. It was a bold and courageous show of principle (anyone who’s ever done time knows that spending even a week, much less month after month, behind bars is no joke), and it speaks to his leadership and character. Wolf is talking about some key issues too: he’s a big supporter of municipal broadband and sees the Web as a place to promote more direct democracy in San Francisco.

Lonnie Holmes, a probation officer, has roots in the African American community and some credible ideas about violent crime. He favors extensive, direct intervention in at-risk communities and would fully fund recreation centers, after-school programs, and antiviolence education in elementary schools. He thinks a network of community resource centers in key neighborhoods could cut the crime rate in half. He’s a little conservative for our taste, but we like his energy, commitment, and ideas.

Harold Hoogasian, a third-generation florist, registered Republican, and small-business activist, is a self-proclaimed fiscal conservative and law-and-order guy who complains that the city budget has skyrocketed while services don’t seem to have improved. Yet somewhat to our surprise, he told us he supports the idea of a moratorium on market-rate housing and a ballot measure that would force developers to build housing more in tune with San Francisco’s real needs (even if he wants to start with ownership housing for cops). He supports public power, wants more sunshine in government, and opposes privatization. He also brings a much-needed critique of the remaining vestiges of machine politics in this one-party town and speaks passionately about the need for outsiders and political independents to have a seat at the table. We’re glad to have him in the race.

In the end, though, our picks in this first ranked-choice vote for San Francisco mayor are Mecke, Sumchai, and Rinaldi — on the issues, as a political statement, and to remind Newsom that his poll numbers don’t reflect the deep sense of distrust and discontent that remains in this city.

District attorney

KAMALA HARRIS


We’re always nervous about unopposed incumbents. And since Kamala Harris unseated Terence Hallinan four years ago, running as an ally of then-mayor Willie Brown with the backing of a corrupt old machine, we’ve been nervous about her.

In some ways she’s been a pleasant surprise. Harris quickly showed that she has courage and integrity when she refused to seek the death penalty for a cop killer despite the fact that the police rank and file and much of the brass excoriated her for it. She remains one of the few district attorneys in the nation who oppose the death penalty in all situations. She’s created a public integrity unit and aggressively filed charges against Sup. Ed Jew. She’s made clear to the Police Department that she won’t accept sloppy police work. She talks constantly about making crime and criminal justice a progressive issue.

But there are plenty of areas in which we remain nervous. Harris hasn’t been anywhere near as aggressive as she could be in prosecuting political corruption. She doesn’t pursue ethics violations or Sunshine Ordinance violations. The San Francisco DA’s Office could be a national leader in rooting out and prosecuting environmental and political crime, but it isn’t.

Meanwhile, the murder rate continues to rise in San Francisco, and Harris and the police are pointing fingers back and forth without actually finding a workable solution.

And lately, Harris, to her tremendous discredit, has been stepping up the prosecution of so-called quality-of-life crimes — which translates into harassing the homeless. She’s made sure there’s a full-time prosecutor in traffic court, pressing charges for things like public urination, sleeping in the park, and holding an open container of beer. That’s a colossal waste of law enforcement resources.

We expect a lot more from Harris in the next four years. But we’ll back her for another term.

Sheriff

MIKE HENNESSEY


Mike Hennessey has been sheriff for so long that it’s hard to imagine anyone else holding the job. And that’s not a bad thing: Hennessey is one of the most progressive law enforcement officers in the country. He’s turned the county jail into a center for drug rehabilitation, counseling, and education (the first charter high school in America for county prisoners is in the SF jail). He’s hired a remarkably diverse group of deputies and has worked to find alternatives to incarceration. He’s openly critical of the rate at which the San Francisco police are arresting people for small-time drug offenses ("We’re arresting too many people for drugs in the city," he told us). He took a courageous stand last year in opposing a draconian and ineffective state ballot initiative that would have kicked convicted sex offenders out of San Francisco and forced them to live in rural counties without access to support, services, or monitoring.

We’ve had some issues with Hennessey. We wanted a smaller new jail than he ultimately decided to build. And we really wish he’d be more outspoken on local law enforcement issues. Hennessey told us he wants to stick to his own turf, but if he were more visible on police reform, criminal justice, and law enforcement, the city would benefit immensely.

Hennessey’s only opponent is David Wong, a deputy sheriff who was unable to make a case for replacing the incumbent. We’re happy to endorse Hennessey for another term — but since this might be his last before retirement, we urge him to take his progressive views and push them onto a larger stage.

King of the dance

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› a&eletters@sfbg.com

Alonzo King’s Lines Ballet celebrates its 25th anniversary this weekend, but King’s influence on Bay Area dance goes back further than that. Veteran dancers remember his ballet classes for the musical combinations that he gave his students in the ’70s. One of them was Joanna Haigood, artistic director of Zaccho Dance Theatre, who said, "Alonzo was a spirit master who happened to be a dancer." While she loved the challenge of the technique, she was really in his class because "he taught us to live the dance."

Not only local performers knew about King’s poetic approach to ballet. Big stars like Fernando Bujones and Natalia Makarova never missed an opportunity to work with him when they were in town. But eventually, King needed to have his own company. These days, in addition to periodic guest artist Muriel Maffre, Lines Ballet performs with nine dancers. This year it toured from France to Poland, from Austria to Greece, in addition to performing in stateside engagements and two home seasons.

King also founded the SF Dance Center, initially to support his company financially; the now-independent center offers classes for adults in a variety of styles. He then created Lines Ballet School, which teaches according to his principles. Last year, in conjunction with Dominican University, King established a BA program that allows dancers to simultaneously pursue professional and academic studies. In other words, in addition to choreographing 74 works, King has created an institution. "I know now that we have grown so much it will be more difficult to balance humanity and creativity with effective business practices," he said in a recent phone interview. "But if I have my choice, I will go with the humanity."

Aside from his choreography, King’s greatest contribution might turn out to be his challenging of preconceptions about dance, specifically ballet. To question the status quo is perhaps the birthright of this son and grandson of prominent civil rights leaders in Albany, Ga. King grew up participating in civil rights marches. His mother introduced him to dance, while his father, a follower of 19th-century sage Ramakrishna, taught him about meditation.

For King, dance is the appropriate medium for exploring a universe that he perceives to be in flux, where opposites don’t stand against but hold one another in balance. Ballet for him is not a style but a language — one that, he says, would have to be invented if it didn’t exist already. Ballet is abstraction; ballet is science; ballet is geometry. After all, a pirouette is a perfect circle, a tendu (stretched foot) a line that reaches into infinity. To King, ballet is a tool to investigate creativity, which, he insists, is everyone’s birthright. Does he think everyone can become an artist?

"No, that’s not what I mean," he explained. "But just like we all have a brain, we all have creativity. We either tap into it or we don’t. For most people, when they are educated as children it is stripped away from them because they are trained to give the answer which the teacher wants, when there are multifarious choices that could be selected. The government doesn’t really encourage it, because if you give people the ability to ascertain thought, to really deconstruct ideas, that’s dangerous because no longer can they be sheep, but at that point they are discerning lions. And when you have 300 million discerning lions, [you’ve] got a problem."

King’s ballets are nonhierarchical — no predetermined gender roles, no fixed vocabulary — and what looks like balletic distortion is simply an emphasis on a constantly shifting center of gravity instead of a stable focus on the body’s vertical axis. Women can be strong, men tender. Early in his career he paired a tall woman with a much shorter man. It looked odd. Why, King asked, do we always see male-female duets in terms of gender relationships? Couldn’t a dance be about a mother and a child or a sky and a landscape?

He does follow one convention — putting women on pointe — though he noted that this doesn’t have to be a female prerogative. "If you look at most cultures, you see an appreciation of the idea of being elevated, of being above the earth. In Africa dancers use stilts. In Balkan countries men do dance on their toes." He often took barre on pointe, and during his training at Harkness House men took pointe class once a week. If enough training becomes available, one of these days King just might put men into pointe shoes.

For his anniversary premieres, King has choreographed two works, one to a new score by tabla master Zakir Hussein, the other to selections from baroque composers. The connection? Both types of music, to be performed live, allow for improvisation. According to the enthusiastic King, "That’s when the artists can go deep inside themselves and become fully who they are." *

ALONZO KING’S LINES BALLET

Fri/2, 9 p.m.; Sat/3 and Nov. 7–10, 8 p.m.; Sun/4, 7 p.m.; Nov. 11, 3 p.m.; $25–$65

Yerba Buena Center for the Arts theater

700 Howard, SF

(415) 978-2787

www.ybca.org

Historically challenged

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› a&eletters@sfbg.com

The central scene in Appomattox, Philip Glass’s new opera now world-premiering with San Francisco Opera, is the fateful meeting of generals Ulysses S. Grant (Andrew Shore) and Robert E. Lee (Dwayne Croft) in a private residence in the Virginia town of Appomattox Court House, where Lee surrendered on behalf of the South on April 9, 1865, officially bringing the catastrophic Civil War to a dainty close. The opera’s lucid libretto (by British playwright and screenwriter Christopher Hampton) faithfully instills the gravitas, human drama, and personal idiosyncrasy associated with that eminently chivalrous encounter between formal enemies. And with two excellent performances from Croft and Shore, deft staging by renowned director Robert Woodruff, and not least Glass’s score — with its immediately recognizable orchestral voice in a distinctly somber mood — it’s a meeting that manages to be rather riveting.

That’s also why it has to be undercut, and this the opera shrewdly does, though with mixed success. It’s not just that the story of two great men with the weight of history on their shoulders will not do by itself — not least because the Civil War is not the story of two people, or even three, if you count the imposing figure of Abraham Lincoln (Jeremy Galyon). As Appomattox‘s decentering portrait makes clear (in scenes flashing forward as far as the civil rights era, which literally burst in on the proceedings at Appomattox Court House), the Civil War belongs for better or worse to many more people, then and now. The opera’s seminal scene must be undercut because history would soon come to mock the grandeur and moment of Grant and Lee’s highly civilized encounter, made on the heels of their brilliant mutual orchestration of unprecedented devastation and bloodshed.

Thus, Hampton’s libretto (coming from a skilled dramatist with a global curiosity) is aware of not only the concentrated power of the intimate drama at the opera’s center but also the quasi-reactionary limits it threatens to impose on the work’s greater engagement with history, which is to say, with the burden of the past. And so, even before broaching the legacy of white racism and black struggle, the opera comes bracketed with the voices of women. In the semiabstract and fiercely deromanticized opening panorama, it’s the women who carry the refrain "War is always sorrowful," attributed to Grant by his wife, Julia (Rhoslyn Jones).

Glass’s score — too recognizable at times but nonetheless mood altering in its characteristically descending bass lines, unduutf8g strings, neobaroque arpeggios, and delicately soaring melodies — rolls on just as solemnly and purposefully, rising and falling like bated breath, anxious with anticipation and weary with private and collective grief. Racing to a few notable climaxes, the score’s sad and sinister tone is broken by alternately haunted and ecstatic choral sections. Elsewhere, in a layering of period texture, a marching song lends poignant revelry to Lee’s first entrance: "Many are the hearts that are looking for the light, hoping to see the dawn of peace."

Peace is not in the cards. Immediately following the surrender scene, Woodruff’s mise-en-scène deconstructs the mismatch of old-fashioned civility and confident optimism at the dawn of the industrial age and its refurbished caste system. A frenzy of greedy souvenir hunting leaves the owner of the house where the surrender happened dazed and helpless as his fellow Americans strip it bare, leaving only an empty frame through which the future rolls in on a shiny wheelchair in the solitary figure of Ku Kluxer and convicted murderer Edgar Ray Killen (Philip Skinner). An old man spending his last years in prison for his part in the notorious 1964 killing of three civil rights workers, Killen may be finished, but what he stands for is not. And stand he does, defiantly larger than life, as he rises from his chair and strides offstage into a gray-toned future.

APPOMATTOX

Thurs/18 and Oct. 24, 7:30 p.m.; Sat/20, 8 p.m.; $20–$275

War Memorial Opera House

301 Van Ness, SF

(415) 864-3330

www.sfopera.com

No compromise on ENDA

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EDITORIAL The move by US Rep. Barney Frank (D-Mass.) to remove protections for transgender people from a landmark antidiscrimination bill has set off a remarkable furor in the queer community nationwide. The condemnation of the Frank move by even fairly mainstream lesbian and gay organizations is a sign of how far trans people have come — and the fact that Frank, the first openly gay man to serve in Congress, isn’t budging is a sign of how far the political establishment still has to go.

But the full bill, without the cuts, is still very much alive, and House Speaker Nancy Pelosi (D–San Francisco) needs to move it to the floor and bring it to a vote.

HR 2015 has been a priority of the Human Rights Campaign and other national LGBT groups for years. The bill, also known as the Employment Non-Discrimination Act, or ENDA, in its original version would have outlawed employment discrimination based on sexual orientation or gender identity. The second part of that phrase is critical, not just to transgender people but to queer workers in general: as the American Civil Liberties Union points out in a legal analysis of the changes, the gay and lesbian people most likely to face discrimination in the workplace are those who don’t hew to traditional male and female roles. Effeminate men and butch women are far more at risk than, say, a gay man who can easily pass as straight. "The more masculine a gay man is or the more feminine a lesbian is, the less the likelihood of discrimination," the ACLU notes. As the Lambda Legal Defense Fund writes, "This new bill also leaves out a key element to protect any employee, including lesbians, gay men and bisexuals who may not conform to their employer’s idea of how a man or woman should look and act. This is a huge loophole through which employers sued for sexual orientation discrimination can claim that their conduct was actually based on gender expression, a type of discrimination that the new bill does not prohibit."

But the politics are more difficult. Frank argues that Congress might pass a stripped-down version of the bill, but the votes aren’t there for anything that can be described as protecting transgender people. Some protection for some lesbians and gays, he argues, is better than none at all.

That ignores the reality, which is that George W. Bush is going to veto any bill that protects queer people from discrimination anyway. The fight over HR 2015 is largely symbolic; the bill won’t become law until there’s a Democrat in the White House. And if the gender-identity language isn’t in the bill this time, it will be much harder to add it in later.

All civil rights advances seem hopeless at first. The first marriage-equality bill in the California Legislature faced strong opposition, but Assemblymember Mark Leno (D–San Francisco) kept bringing it back — and every time it came up, it got more votes. ENDA’s got the same prospects.

Of course, there’s a larger issue here: compromising on civil rights is always unacceptable. And as writer Wayne Besen puts it, "A minority as small as the trans community will never have the political clout to go it alone, nor will they have the funds to wage a credible fight in Congress unless Bill Gates wakes up tomorrow and decides to have a sex change. To put it bluntly, their only chance at legal protection is under the gay and lesbian banner."

The HRC has been awfully weak, refusing to pull its support for the watered-down bill, but most other LGBT groups nationwide are urging Congress not to accept the Frank proposal. We agree. The fate of HR 2015 is in the hands of Pelosi, who can simply bring the original bill to the floor. That’s what activists should push her to do.

The crime of being homeless

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› amanda@sfbg.com

Sleeping in the park, urinating in public, blocking the sidewalk, trespassing, drinking in public — these and about 10 other infractions are commonly and collectively known as "quality of life" crimes because they affect the condition of the common spaces we all share in San Francisco.

For a homeless individual, they’re also called "status" crimes, committed in the commons because there is no private place to sleep, go to the bathroom, or crack a beer. For years the District Attorney’s Office hasn’t bothered to allocate time or resources to prosecute these petty crimes, and advocates for the rights of homeless people have contended that to do so results in unfair persecution of those who have no place to call home.

Elisa Della-Piana is an attorney with the Lawyer’s Committee for Civil Rights and has spent much of the past three years in traffic court arguing against fines for homeless people who have received quality-of-life citations. As of this summer, Della-Piana said things have changed down at the Hall of Justice.

Now every time she stands up to represent a homeless person in traffic court, someone from the DA’s Office gets up too, fighting for the other side. Though there’s no way to tell from the traffic court calendar if the defendant is homeless, Della-Piana and Christina Brown, another attorney who represents through the Lawyer’s Committee, have witnessed prosecutors ignore quality-of-life citations that didn’t appear to have been collected by homeless people.

"When the person is homeless and the DA stands up and prosecutes, that’s selective prosecution. They’ve done that in the past with other populations in San Francisco," Jenny Friedenbach of the Coalition on Homelessness said, citing historic crackdowns on queers and Asians.

Deputy district attorney Paul Henderson denied the DA’s Office is selectively prosecuting only quality-of-life citations received by homeless individuals. "We’re prosecuting all of them," he told the Guardian, confirming this is a new task for the office. "In the past the DA’s Office wasn’t staffed to have people in the courtroom. I think we’re there every day now." He said more staff has been hired, and a team he heads is now devoted to the issue.

When asked why this was a new priority for the DA’s Office, Henderson said, "We felt that people weren’t getting the help they needed. The public’s interest wasn’t being served. [These issues] were not getting addressed in the traffic court without the DA being there. Neighborhoods and communities have been complaining about the lack of responsiveness, and so we’re trying to address that."

Henderson called the day in court an open door for a homeless person to walk through and access services. "We want to handle them responsibly to make sure there’s some accountability for breaking the law, but try to do it in a way that’s an intervention."

But advocates for homeless rights say that’s not what happens.

"They’ll tell you we’re there to offer services to homeless individuals," Della-Piana said. "Which is a piece of paper. In fact, what they have is the same list of services the police pass out. They’re not actually doing anything to connect people to the services. They’re just offering the list. They could offer those services in the street. There’s no reason to go through the court system."

This list of homeless resources is updated every six months by the San Francisco Police Department’s Operation Outreach and is offered on the street, according to Lt. David Lazar, leader of the 20-officer branch of the SFPD that interfaces directly with the homeless population.

"The accountability is a problem, and the process they go through is not working," Lazar said. "There’s a large population we’re seeing that doesn’t want services." He listed three reasons: inadequacies in the shelter system, a desire to be left alone, and a mental health or substance abuse problem that impairs judgment. "If we could house absolutely everyone, what would they do during the daytime?" he asked. "You need intensive case management, job support, substance abuse support."

But homeless-rights advocates say the stability of housing is the first step toward improving the quality of life for the homeless. Della-Piana said, "Ninety-five percent of my clients come to me and say, ‘I’m getting social services.’ They point to something on the list and say, ‘I’m doing this.’ They’re doing everything they’re supposed to be doing, but they don’t have housing yet. That’s why people are still sleeping in the park."

Henderson said critics of the new tack "aren’t recognizing that laws are being broken. People’s qualities of life are being dragged down by these violations. If it’s your street, your door, and there’s feces on it every day, that affects your quality of life."

Ticketing the homeless is not a new thing. Two homeless-rights groups — Religious Witness with Homeless People and the Coalition on Homelessness — have a standing Freedom of Information Act request with San Francisco Superior Court that provides a monthly tally of the infractions likely committed primarily by homeless people. According to their data, for the past 15 years the SFPD has averaged about 13,000 quality-of-life citations per year. Last year Religious Witness released a study showing that more than 31,000 citations had been issued during Mayor Gavin Newsom’s administration.

"For the police, the sheriff, and the court cost, we estimated it cost almost $6 million for those 31,000 citations," said Sister Bernie Galvin, executive director of Religious Witness. Galvin said a new study, to be released at City Hall on Oct. 4, shows that citations and costs have skyrocketed in the past 14 months. "Now we’re putting in the dramatic new expense of the DA," she said, adding, "Everyone wants to prosecute a greater number. It’s like it makes it justifiable to issue these 31,000 tickets if we can prosecute them. Actually, it makes it crueler and more expensive."

Media reports have characterized the tickets as empty pieces of paper, issued and then metaphorically shredded when a homeless individual fails to pay the $50 to $500 fine. In a recent San Francisco Chronicle story, Heather Knight reported that "all quality of life citations are getting dismissed." Yet when they don’t — and violators either don’t show up in court or can’t pay the fine — infractions become misdemeanors or an arrest warrant is issued, both of which become problems for people trying to access services.

"It backfires," said Christina Brown, an associate at O’Melveny and Myers who volunteers time in traffic court representing homeless people through the Lawyer’s Committee. "When people are served with warrants, they’re precluded from services." Even if the person cuts a deal with the DA to access services in lieu of paying a fine, they still have to return to court to prove they’ve done that. If they can’t get the paperwork or can’t make it to the court in time, it becomes a misdemeanor.

"The criminal justice system is actually making it harder if they want to find somewhere else to sleep," said Della-Piana, who related an anecdote of a client who had a few open-container infractions. The client was afraid to go to court when she couldn’t pay the fines, so a warrant was issued. She’d spent the past seven years on the Department of Housing and Urban Development’s waiting list for public housing and got kicked off because of the misdemeanor.

Public Defender Jeff Adachi expressed concern that a dragnet is being created for arresting homeless people committing status crimes they have no control over. "We have to be very careful we’re not trying to legislate services through the criminal justice system. We do too much of that already," he said. "This approach assumes that if a person is in trouble, they’re more likely to accept the services. I haven’t seen that is true."

Henderson doesn’t necessarily agree that the criminal justice system shouldn’t play a role in assisting homeless people: "I want this citation to serve as a wake-up call for you." He thinks people need to be held accountable and would like to see the city adopt the plan for a Community Justice Center, modeled after New York City’s, a vision that his boss, District Attorney Kamala Harris, and Newsom also share.

"We believe San Francisco has a unique infrastructure and need for the Community Justice Center. That’s why we are proposing to pilot this initiative in the Tenderloin and South of Market area, where more than a third of the city’s quality of life offenses occur," Harris and Newsom wrote in a May 13 editorial in the Chronicle. "The center promises to give relief to the neighborhoods most affected by quality of life crimes."

During an Oct. 1 endorsement interview with the Guardian, Newsom said he hoped to open the new center by December. Lazar, who sits on the committee that’s still hammering out the details for how exactly the center would work, agreed with Henderson that it’s the next step in more direct connection with services: "We’re trying to put the criminal justice system and the social justice system together."

Della-Piana said this still ignores the black marks that misdemeanors leave, which become good reasons for some service providers to save their limited resources for people with clean records. "The two ideologies don’t mesh," Della-Piana said. "My homeless clients want housing. There currently is not enough of it to go around. Arresting them instead of citing them for sleeping and other basic life activities will not change the availability of the most needed services."

Injunction dysfunction

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› news@sfbg.com

When seven people were shot in the span of 12 hours in June at the Friendship Village and Yerba Buena Plaza East housing complexes in the Western Addition, city and community leaders decided immediate action was necessary to remedy the increasing level of gang violence.

Sup. Ross Mirkarimi, who represents the area, demanded 24-hour police patrols as a temporary measure. Rev. Regnaldo Woods of Bethel AME had a broader vision — get the gangs to call a truce. But City Attorney Dennis Herrera already had his own plan well in the works, a controversial approach that has nonetheless been embraced at City Hall by leaders desperate for solutions to the intractable and escautf8g problem of gun violence.

Herrera and his staff in July announced they were seeking civil gang injunctions in the Western Addition and the Mission District modeled on a similar effort last year against the Oakdale Mob in Bayview–Hunters Point. He went after alleged members of the Norteña gang in the Mission and targeted three gangs in the Western Addition, all centered on Eddy Street and the public housing complexes that stretch from Gough to Divisadero: Eddy Rock, Chopper City, and Knock Out Posse.

Two Superior Court judges, Patrick Mahoney and Peter Busch, heard arguments for and against the injunctions Sept. 18 and are expected to issue rulings at any time. The injunctions would prevent the alleged gang members they name from associating with one another within a prescribed area, among other restrictions.

The injunctions have pitted Herrera and his allies against Public Defender Jeff Adachi, civil liberties advocates, and some community groups, who have rallied to stop the injunctions and criticize them as a "criminalization of people of color," a charge Herrera stridently rejects and has publicly condemned as "race-baiting."

But beyond the emotional politics of this controversial tactic, there are some practical problems with the injunctions, particularly in the Western Addition, where they may stifle community-based solutions to the problem of gang violence.

"[The injunctions] slowed us down considerably," Woods, a life-long Fillmore resident, told the Guardian. "It’s going to impact the movement if it stays as it is. I think there needs to be changes."

Woods and other leaders from Bethel and from his nonprofit, Up from Darkness, met with the gang members a total of 43 times throughout the summer. When word of the injunctions spread, Woods said he had to restart from square one. Rather than bring people together for a dialogue, he had to explain why this was happening, what the injunctions meant, and how the injunctions would affect those included.

Woods planned to hold a summit, which "shot callers" from each of the gangs would attend and at which they would call a truce as well as receive access to employment guidance and mental health services. The summit never happened, but gang violence in the Western Addition nevertheless decreased rapidly in the following months. Northern Police District Capt. Croce Casciato said there hasn’t been a gang-related homicide in the district since May.

The American Civil Liberties Union says the injunctions will strip alleged gang members of due-process rights and give police a roving warrant to harass whomever they deem a gang member. Adachi and Kendra Fox-Davis, of the Lawyer’s Committee for Civil Rights, said their offices have received numerous complaints from youths in the Mission and the Western Addition that police are already using the injunctions to hassle people even before they’ve been approved.

"There’s been a tremendous amount of misinformation about the injunctions," Adachi said. He questions the effectiveness of injunctions and said these give police carte blanche to harass anyone they suspect of being affiliated with gangs. His biggest issue, though, is the fact that the alleged members don’t have the necessary resources to contest the label.

Herrera derided the racial implications levied by Adachi, and in an e-mail to us, press secretary Matt Dorsey wrote, "The fact is, the debate over these proposed injunctions — most especially the one in the Mission — has been characterized by increasingly dishonest and inflammatory rhetoric. This isn’t just someone’s innocent misunderstanding, either: ‘the criminalization of people of color’ is wildly misrepresentative, and it’s deliberate."

Herrera acknowledges people’s concerns, but he stands by his decision.

"I really wish it wasn’t necessary that it has come to this point where I say, ‘Hey, this is a tool we have to pursue,’" Herrera told us. "But the facts are the facts. We have a gang problem in San Francisco. I think I’d be neglecting my responsibility if I didn’t bring another tool to the table to help address the issue."

Woods doesn’t raise the same racial concerns that Adachi does, and he isn’t too animated about the civil liberties issues. To him, the injunctions are just too broad and counterproductive to the community-based approaches that have the best chance of addressing the problem. He thinks the gang members themselves must help solve the problems they’ve created.

"It’s us getting together every day and doing something positive," said Steve Johnson, a 27-year-old targeted member of Eddy Rock, which claims the Plaza East housing complex as its turf. "It has nothing to do with the injunction. We’re trying to get all the different complexes in the Western Addition together."

Paris Moffet, the alleged leader of Eddy Rock, added, "We’re the only ones stopping the violence. We needed to. We are going to stop this."

It may come as a surprise that reputed gang members might be helping to stop the violence that was once a part of their daily lives, and several members of Eddy Rock acknowledged they have a long way to go in reshaping their images.

But, they say, they are committed to reforming themselves, and they recently held a barbecue at the complex parking lot to display some of their positive work. In the small community center at Plaza East — locally known as the OC, for "Outta Control" — Eddy Rock, with the help of Woods and others, has created Open Arms, a nonprofit geared toward educating the younger kids in the complex about staying in school and computer literacy.

Asked about the sudden turnabout by Eddy Rock, Marquez Shaw, a 26-year-old alleged member of the gang, explained that the level of violence at Plaza East had taken its toll on everyone, not just uninvolved residents. "[The violence] affected me, very much so," he said. "There’s been more bloodshed here than anywhere else in the community. We’re the only ones man enough to do something."

But Herrera said the recent relative quiet in the area doesn’t make up for more than five years of chaos. "Has there been a lull? Yeah," he said. "But earlier in the summer there were some brazen shootings. June isn’t that long ago."

Woods acknowledged that the members shouldn’t be given a free pass, considering their troubled past. "They’re not angels," he said. "But let’s try to help them before they go to prison. That way you might save the old lady’s life. You might save a youngster’s life. If they had something to do, they wouldn’t do the shootings."

At the Aug. 14 Eddy Rock barbecue, about 50 or so people from the Plaza East complex snacked on ribs, chicken, hot links, and spaghetti. Two beat officers from the Northern Station stood in the distance and oversaw an impromptu football game between juveniles and alleged gang members.

A clipping of a newspaper article hangs on the wall in the community center; it’s about how director Spike Lee is urging inner-city youths to make films about their experience growing up with violence and to use the Internet to broadcast them to others.

Given a camera, Shaw has done just that. During a recent visit to Plaza East, he was using iMovie to edit a video that he planned to post on YouTube. On the video, an older black man says, "Now it’s time to look at what’s going on, not what’s happened in the past."

Nas’s "I Know I Can" plays on Hannibal Thompson’s video as he flatly explains how the area is deprived of proper resources and lacks preventative measures. Thompson, a 20-year-old named in one of the injunctions as a member of Eddy Rock, says six of his friends have been murdered since 2005 — three of them less than a block away, at Eddy and Laguna, where cameras affixed to streetlights are meant to deter criminal activity. He said increased police presence and the work of Woods have led to the decrease in violence, something he embraces.

"The best thing that ever happened to this community was the 24-hour police patrol. That’s way better than the injunction," he said. "They should have done that years ago."

Casciato doesn’t doubt that Eddy Rock, which has terrorized residents for years, might have turned the corner. But he calls the injunctions one additional tool to fight the long-term battle against gang violence. Casciato said it was too soon to tell how an injunction would affect regular police procedure. Like others in the community, though, he emphasized the effectiveness of outreach work.

"There has been a great collaborative effort on the community’s part," Casciato said. On gang members reforming themselves, he said, "I’m sure they did. Success is going to come from within, not from the outside. All our efforts are for naught if there’s no buy-in."

Under the current terms of the injunctions, the aforementioned barbecue would be prohibited, since it involved literally the whole gang. The targeted individuals could freely associate with one another inside the community center but would need to go in and out separately, which critics say is not a realistic scenario. If targeted members violate the injunctions, they can be charged with misdemeanors and put in jail for up to five days.

The injunction tactic "undermines antiviolence efforts of community advocates and organizations working in the Western Addition, like Woods, by effectively preventing the individuals most in need of support services from participating in them," Fox-Davis wrote in an e-mail.

Herrera and his deputies submitted more than 4,000 pages of evidence, including expert declarations from the gang task force, which detailed the reign of terror of the three gangs. He said they’ve been careful to name only shot callers in the injunctions and to carefully detail the case against them.

Fox-Davis and other critics contend the Western Addition injunction is too broad, unlike the first one in Oakdale, which only covered four square blocks. A total of 15 blocks are designated as the "safety zone" in the Western Addition, stretching from Eddy and Gough in the east to Eddy and Webster in the west, bordered by Turk and Ellis to the north and south, for Eddy Rock.

For Chopper City and KOP — which had in the past aligned themselves against Eddy Rock — the safety zone is a six-block area north of Turk to Ellis, between Divisadero and Steiner, which includes the Marcus Garvey and Martin Luther King housing complexes. In Bayview, only one of 22 targeted members lived in the housing complex, whereas a total of seven of 19 identified members of Eddy Rock live within that purposed safety zone, according to the City Attorney’s Office.

"The restrictions that are proposed in this injunction go far beyond what is necessary to address the nuisance the city attorney claims is being caused by gang violence," Fox-Davis said.

But Herrera says the "nuisance" amounts to communities being terrorized by violence and his office would be remiss to not address the problem. A total of 11 homicides in three years have been linked to the three Western Addition gangs, according to court documents.

"I’ve never been one to say we should be dissuading communities from being involved and trying find solutions and making contributions to solving the problem. To me it’s not mutually exclusive. It’s not an either-or proposition. I think it’s important that we get the community to be a vital stakeholder in trying to stem the tide of violence," Herrera said. "But there has to be accountability."

To quell critics’ concerns, Herrera said his office has included numerous safeguards, including training cops to properly enforce the injunctions. Targeted members also have a "buyout option," meaning if they can prove that they are no longer involved in gang activity, they can appeal to have their names removed from the list.

Herrera points to the perceived success of the injunction in Bayview as proof that the tactic is effective in restoring calm and peace to neighborhoods once plagued with murder. Herrera also notes that the Board of Supervisors passed a resolution almost unanimously that supported injunctions by the city attorney.

Mirkarimi, however, said his support of the current injunctions being sought was "tentative at best" and said he considered them "an act of desperation." He too said community work and traditional police enforcement — like the 24-hour patrols — are better ways of addressing the root causes of gang violence.

The alleged members of Eddy Rock agree.

"We just need something to do," said Maurice Carter, 32. "We did the crime, we did the time. Now we just want a second chance."

Today’s Ammianoliner

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No, No, Mr. Frank. Not ATM, FTM.

(On the voicemail of Sup. Tom Ammiano, a supervisor who happens to be gay, commenting on the San Francisco Chronicle’s lead story on today’s front page. Headline: “GAYS ANGERED BY SCALED-BACK RIGHTS BILL, House leaders remove transgender people to improve chance of passage–most advocacy groups withdraw their support.”

The lead by Carolyn Lochhead of the Chronicle’s Washington bureau, pointed out that “leading gay organizations withdrew their support Monday from a landmark gay civil rights bill after House Speaker Nancy Pelosi of San Francisco and Rep. Barney Frank (D-Mass.) pulled transgender people from the legislation that would protect gays and lesbians from workplace discrimination.” B3

Something worth fighting for

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› tredmond@sfbg.com

REVIEW If you want a guide to the players who are trying to refashion the Democratic Party in America, Matt Bai’s The Argument: Billionaires, Bloggers, and the Battle to Remake Democratic Politics is a nice handbook. It’s easy to read, brings the characters to life, and reveals how big chunks of money from a few very rich liberals are going to a handful of organizations and think tanks most people have never heard of. Not everything Bai says is true, but even where he’s wrong, it’s an interesting read.

Bai, a writer for the New York Times Magazine, offers a lot of interesting and useful history about the Howard Dean phenomenon and the rise of bloggers and online politics in the Democratic Party. His portrayals of some key bloggers, like Markos Moulitsas of Daily Kos, as people who lack ideology but demand respect is a bit off base, though. I think Moulitsas, for one, could easily outline an ideology, and if you read his stuff regularly, you get a pretty good sense of it.

Bai gives some credit to Dean and his supporters for creating a successful "50 state" strategy — investing party resources throughout the country, not just in targeted swing districts — and then claims (not entirely inaccurately) that the battle within the organization has been more about empowering the grassroots than about any specific policy prescription. But he doesn’t seem to recognize the inherent politics in community organizing: Saul Alinsky argued half a century before Dean that teaching marginalized groups how to exercise power was in itself a radical act, whether or not it was driven by a specific political analysis or ideology. (The Marxists have typically disagreed, and that battle has raged on the left for a long, long time, but Bai, who rarely writes about anything outside the mainstream of political thought, pays that history no heed.)

Still, Bai’s overall point — that the reformers in the party, particularly the ones with the big money, lack a coherent ideological vision for the country’s future — is both accurate and alarming. Nobody, Bai says, is making "the Argument" — the case for electing Democrats. In the 2006 congressional elections, "what voters had not done was endorse any Democratic argument — because, of course, there wasn’t one." All the party under the likes of Rep. Nancy Pelosi has been able to do is point out that Democrats aren’t Republicans (and aren’t quite as bad on the Iraq war) — and that, he notes, will never be a recipe for long-term success.

Anyone interested in the future of the Democratic Party and progressive politics ought to read this book, if only to get the discussion started. Bai makes a powerful statement: that transformational political change has typically come when there is a set of issues and governing philosophies that can be presented to the voting public. But he leaves the reader deeply dissatisfied — because he doesn’t offer any answers. It’s all fine and good to bash the reformers in the party, and I agree with a lot of his criticisms. But if you want to whine about the lack of an argument, you ought to spend some time thinking about what that argument might look like and putting it on paper.

A couple of years ago I was on a right-wing talk show arguing that Pelosi wasn’t exactly a "San Francisco liberal," and one of the hosts asked what that term mean. I gave it a try, on the fly, in the few seconds they allowed me. A San Francisco liberal, I said, believes that we should tax the rich to feed the poor, that we should protect the environment, including the urban environment, from the attack of greedy developers. A San Francisco liberal believes in civil liberties and civil rights, including same-sex marriage, and isn’t afraid to say so.

A San Francisco liberal, I would have added if they hadn’t cut me off, thinks the invasion of Iraq was wrong, the occupation is a disaster, and the only sane approach now is to get the US troops out of there. A San Francisco liberal believes that money has ruined politics and that the answer is not for the Democrats to try to raise more than the Republicans. A San Francisco liberal believes this city can and should be a force for progressive thought and set the standard for the rest of the country.

A San Francisco liberal isn’t afraid to lose.

There’s a lot more I could say, but that’s the start of an Argument. That wasn’t so hard, Matt, was it?

THE ARGUMENT: BILLIONAIRES, BLOGGERS, AND THE BATTLE TO REMAKE DEMOCRATIC POLITICS

By Matt Bai

Penguin Press

336 pages

$25.95

Censored!

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>>Project Censored’s 15 missed-story runners up

>>Big local stories that never made mainstream headlines

>>The story behind a censored story that was killed by The Nation

amanda@sfbg.com

There are a handful of freedoms that have almost always been a part of American democracy. Even when they didn’t exactly apply to everyone or weren’t always protected by the people in charge, a few simple but significant rights have been patently clear in the Constitution: You can’t be nabbed by the cops and tossed behind bars without a reason. If you are imprisoned, you can’t be incarcerated indefinitely; you have the right to a speedy trial with a judge and jury. When that court date rolls around, you’ll be able to see the evidence against you.

The president can’t suspend elections, spy without warrants, or dispatch federal troops to trump local cops or quell protests. Nor can the commander in chief commence a witch hunt, deem individuals "enemy combatants," or shunt them into special tribunals outside the purview of our 218-year-old judicial system.

Until now. This year’s Project Censored presents a chilling portrait of a newly empowered executive branch signing away civil liberties for the sake of an endless and amorphous war on terror. And for the most part, the major news media weren’t paying attention.

"This year it seemed like civil rights just rose to the top," said Peter Phillips, the director of Project Censored, the annual media survey conducted by Sonoma State University researchers and students who spend the year patrolling obscure publications, national and international Web sites, and mainstream news outlets to compile the 25 most significant stories that were inadequately reported or essentially ignored.

While the project usually turns up a range of underreported issues, this year’s stories all fall somewhat neatly into two categories — the increase of privatization and the decrease of human rights. Some of the stories qualify as both.

"I think they indicate a very real concern about where our democracy is heading," writer and veteran judge Michael Parenti said.

For 31 years Project Censored has been compiling a list of the major stories that the nation’s news media have ignored, misreported, or poorly covered.

The Oxford American Dictionary defines censorship as "the practice of officially examining books, movies, etc., and suppressing unacceptable parts," which Phillips said is also a fine description of what happens under a dictatorship. When it comes to democracy, the black marker is a bit more nuanced. "We need to broaden our understanding of censorship," he said. After 11 years at the helm of Project Censored, Phillips thinks the most bowdlerizing force is the fourth estate itself: "The corporate media is complicit. There’s no excuse for the major media giants to be missing major news stories like this."

As the stories cited in this year’s Project Censored selections point out, the federal government continues to provide major news networks with stock footage, which is dutifully broadcast as news. The George W. Bush administration has spent more federal money than any other presidency on public relations. Without a doubt, Parenti said, the government invests in shaping our beliefs. "Every day they’re checking out what we think," he said. "The erosion of civil liberties is not happening in one fell swoop but in increments. Very consciously, this administration has been heading toward a general autocracy."

Carl Jensen, who founded Project Censored in 1976 after witnessing the landslide reelection of Richard Nixon in 1972 in spite of mounting evidence of the Watergate scandal, agreed that this year’s censored stories amount to an accumulated threat to democracy. "I’m waiting for one of our great liberal writers to put together the big picture of what’s going on here," he said.

1. GOOD-BYE, HABEAS CORPUS


The Military Commissions Act, passed in September 2006 as a last gasp of the Republican-controlled Congress and signed into law by Bush that Oct. 17, made significant changes to the nation’s judicial system.

The law allows the president to designate any person an "alien unlawful enemy combatant," shunting that individual into an alternative court system in which the writ of habeas corpus no longer applies, the right to a speedy trial is gone, and justice is meted out by a military tribunal that can admit evidence obtained through coercion and presented without the accused in the courtroom, all under the guise of preserving national security.

Habeas corpus, a constitutional right cribbed from the Magna Carta, protects against arbitrary imprisonment. Alexander Hamilton, writing in the Federalist Papers, called it the greatest defense against "the favorite and most formidable instruments of tyranny."

The Military Commissions Act has been seen mostly as a method for dealing with Guantánamo Bay detainees, and most journalists have reported that it doesn’t have any impact on Americans. On Oct. 19, 2006, editors at the New York Times wrote, in quite definitive language, "this law does not apply to American citizens."

Investigative journalist Robert Parry disagrees. The right of habeas corpus no longer exists for any of us, he wrote in the online journal Consortium. Deep down in the lower sections of the act, the language shifts from the very specific "alien unlawful enemy combatant" to the vague "any person subject to this chapter."

"Why does it contain language referring to ‘any person’ and then adding in an adjacent context a reference to people acting ‘in breach of allegiance or duty to the United States’?" Parry wrote. "Who has ‘an allegiance or duty to the United States’ if not an American citizen?"

Reached by phone, Parry told the Guardian that "this loose phraseology could be interpreted very narrowly or very broadly." He said he’s consulted with lawyers who are experienced in drafting federal security legislation, and they agreed that the "any person" terminology is troubling. "It could be fixed very simply, but the Bush administration put through this very vaguely worded law, and now there are a lot of differences of opinion on how it could be interpreted," Parry said.

Though US Sens. Patrick Leahy (D-Vt.) and Arlen Specter (R-Pa.) moved quickly to remedy the situation with the Habeas Corpus Restoration Act, that legislation has yet to pass Congress, which some suspect is because too many Democrats don’t want to seem soft on terrorism. Until tested by time, exactly how much the language of the Military Commissions Act may be manipulated will remain to be seen.

Sources: "Repeal the Military Commissions Act and Restore the Most American Human Right," Thom Hartmann, Common Dreams Web site, www.commondreams.org/views07/0212-24.htm, Feb. 12, 2007; "Still No Habeas Rights for You," Robert Parry, Consortium (online journal of investigative reporting), consortiumnews.com/2007/020307.html, Feb. 3, 2007; "Who Is ‘Any Person’ in Tribunal Law?" Robert Parry, Consortium, consortiumnews.com/2006/101906.html, Oct. 19, 2006

2. MARTIAL LAW: COMING TO A TOWN NEAR YOU


The Military Commissions Act was part of a one-two punch to civil liberties. While the first blow to habeas corpus received some attention, there was almost no media coverage of a private Oval Office ceremony held the same day the military act was signed at which Bush signed the John Warner Defense Authorization Act, a $532 billion catchall bill for defense spending.

Tucked away in the deeper recesses of that act, section 1076 allows the president to declare a public emergency and dispatch federal troops to take over National Guard units and local police if he determines them unfit for maintaining order. This is essentially a revival of the Insurrection Act, which was repealed by Congress in 1878, when it passed the Posse Comitatus Act in response to Northern troops overstaying their welcome in the reconstructed South. That act wiped out a potentially tyrannical amount of power by reinforcing the idea that the federal government should patrol the nation’s borders and let the states take care of their own territories.

The Warner act defines a public emergency as a "natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any state or possession of the United States" and extends its provisions to any place where "the president determines that domestic violence has occurred to such an extent that the constituted authorities of the state or possession are incapable of maintaining public order." On top of that, federal troops can be dispatched to "suppress, in a state, any insurrection, domestic violence, unlawful combination, or conspiracy."

So everything from a West Nile virus outbreak to a political protest could fall into the president’s personal definition of mayhem. That’s right — put your picket signs away.

The Warner act passed with 90 percent of the votes in the House and cleared the Senate unanimously. Months after its passage, Leahy was the only elected official to have publicly expressed concern about section 1076, warning his peers Sept. 19, 2006, that "we certainly do not need to make it easier for presidents to declare martial law. Invoking the Insurrection Act and using the military for law enforcement activities goes against some of the central tenets of our democracy. One can easily envision governors and mayors in charge of an emergency having to constantly look over their shoulders while someone who has never visited their communities gives the orders." In February, Leahy introduced Senate Bill 513 to repeal section 1076. It’s currently in the Armed Services Committee.

Sources: "Two Acts of Tyranny on the Same Day!" Daneen G. Peterson, Stop the North America Union Web site, www.stopthenorthamericanunion.com/articles/Fear.html, Jan. 20, 2007; "Bush Moves toward Martial Law," Frank Morales, Uruknet.info (Web site that publishes "information from occupied Iraq"), www.uruknet.info/?p=27769, Oct. 26, 2006

3. AFRICOM


President Jimmy Carter was the first to draw a clear line between America’s foreign policy and its concurrent "vital interest" in oil. During his 1980 State of the Union address, he said, "An attempt by any outside force to gain control of the Persian Gulf region will be regarded as an assault on the vital interests of the United States of America, and such an assault will be repelled by any means necessary, including military force."

Under what became the Carter Doctrine, an outpost of the Pentagon, called the United States Central Command, or CENTCOM, was established to ensure the uninterrupted flow of that slick "vital interest."

The United States is now constructing a similar permanent base in Africa, an area traditionally patrolled by more remote commands in Europe and the Pacific. No details have been released about exactly what AFRICOM’s operations and responsibilities will be or where troops will be located, though government spokespeople have vaguely stated that the mission is to establish order and keep peace for volatile governments — that just happen to be in oil-rich areas.

Though the official objective may be peace, some say the real desire is crude. "A new cold war is under way in Africa, and AFRICOM will be at the dark heart of it," Bryan Hunt wrote on the Moon of Alabama blog, which covers politics, economics, and philosophy. Most US oil imports come from African countries — in particular, Nigeria. According to the 2007 Congressional Budget Justification for Foreign Operations, "disruption of supply from Nigeria would represent a major blow to US oil-security strategy."

Though details of the AFRICOM strategy remain secret, Hunt has surveyed past governmental statements and reports by other independent journalists to draw parallels between AFRICOM and CENTCOM, making the case that the United States sees Africa as another "vital interest."

Source: "Understanding AFRICOM," parts 1–3, b real, Moon of Alabama, www.moonofalabama.org/2007/02/understanding_a_1.html, Feb. 21, 2007

4. SECRET TRADE AGREEMENTS


As disappointing as the World Trade Organization has been, it has provided something of an open forum in which smaller countries can work together to demand concessions from larger, developed nations when brokering multilateral agreements.

At least in theory. The 2006 negotiations crumbled when the United States, the European Union, and Australia refused to heed India’s and Brazil’s demands for fair farm tariffs.

In the wake of that disaster, bilateral agreements have become the tactic of choice. These one-on-one negotiations, designed by the US and the EU, are cut like backroom deals, with the larger country bullying the smaller into agreements that couldn’t be reached through the WTO.

Bush administration officials, always quick with a charming moniker, are calling these free-trade agreements "competitive liberalization," and the EU considers them essential to negotiating future multilateral agreements.

But critics see them as fast tracks to increased foreign control of local resources in poor communities. "The overall effect of these changes in the rules is to progressively undermine economic governance, transferring power from governments to largely unaccountable multinational firms, robbing developing countries of the tools they need to develop their economies and gain a favorable foothold in global markets," states a report by Oxfam International, the antipoverty activist group.

Sources: "Free Trade Enslaving Poor Countries" Sanjay Suri, Inter Press Service (global news service), ipsnews.org/news.asp?idnews=37008, March 20, 2007; "Signing Away the Future" Emily Jones, Oxfam Web site, www.oxfam.org/en/policy/briefingpapers/bp101_regional_trade_agreements_0703, March 2007

5. SHANGHAIED SLAVES CONSTRUCT US EMBASSY IN IRAQ


Part of the permanent infrastructure the United States is erecting in Iraq includes the world’s largest embassy, built on Green Zone acreage equal to that of Vatican City. The $592 million job was awarded in 2005 to First Kuwaiti Trading and Contracting. Though much of the project’s management is staffed by Americans, most of the workers are from small or developing countries like the Philippines, India, and Pakistan and, according to David Phinney of CorpWatch — a Bay Area organization that investigates and exposes corporate environmental crimes, fraud, corruption, and violations of human rights — are recruited under false pretenses. At the airport, their boarding passes read Dubai. Their passports are stamped Dubai. But when they get off the plane, they’re in Baghdad.

Once on site, they’re often beaten and paid as little as $10 to $30 a day, CorpWatch concludes. Injured workers are dosed with heavy-duty painkillers and sent back on the job. Lodging is crowded, and food is substandard. One ex-foreman, who’s worked on five other US embassies around the world, said, "I’ve never seen a project more fucked up. Every US labor law was broken."

These workers have often been banned by their home countries from working in Baghdad because of unsafe conditions and flagging support for the war, but once they’re on Iraqi soil, protections are few. First, Kuwaiti managers take their passports, which is a violation of US labor laws. "If you don’t have a passport or an embassy to go to, what do you do to get out of a bad situation?" asked Rory Mayberry, a former medic for one of First Kuwaiti’s subcontractors, who blew the whistle on the squalid living conditions, medical malpractice, and general abuse he witnessed at the site.

The Pentagon has been investigating the slavelike conditions but has not released the names of any vioutf8g contractors or announced penalties. In the meantime, billions of dollars in contracts continue to be awarded to First Kuwaiti and other companies at which little accountability exists. As Phinney reported, "No journalist has ever been allowed access to the sprawling 104-acre site."

Source: "A U.S. Fortress Rises in Baghdad: Asian Workers Trafficked to Build World’s Largest Embassy," David Phinney, CorpWatch Web site, www.corpwatch.org/article.php?id=14173, Oct. 17, 2006

6. FALCON’S TALONS


Operation FALCON, or Federal and Local Cops Organized Nationally, is, in many ways, the manifestation of martial law forewarned by Frank Morales (see story 2). In an unprecedented partnership, more than 960 federal, state, and local police agencies teamed up in 2005 and 2006 to conduct the largest dragnet raids in US history. Armed with fistfuls of arrest warrants, they ran three separate raids around the country that netted 30,110 criminal arrests.

The Justice Department claimed the agents were targeting the "worst of the worst" criminals, and Attorney General Alberto Gonzales said, "Operation FALCON is an excellent example of President Bush’s direction and the Justice Department’s dedication to deal both with the terrorist threat and traditional violent crime."

However, as writer Mike Whitney points out on Uruknet.info, none of the suspects has been charged with anything related to terrorism. Additionally, while 30,110 individuals were arrested, only 586 firearms were found. That doesn’t sound very violent either.

Though the US Marshals Service has been quick to tally the offenses, Whitney says the numbers just don’t add up. For example, FALCON in 2006 captured 462 violent sex-crime suspects, 1,094 registered sex offenders, and 9,037 fugitives.

What about the other 7,481 people? "Who are they, and have they been charged with a crime?" Whitney asked.

The Marshals Service remains silent about these arrests. Whitney suggests those detainees may have been illegal immigrants and may be bound for border prisons currently being constructed by Halliburton (see last year’s Project Censored).

As an added bonus of complicity, the Justice Department supplied local news outlets with stock footage of the raids, which some TV stations ran accompanied by stories sourced from the Department of Justice’s news releases without any critical coverage of who exactly was swept up in the dragnets and where they are now.

Sources: "Operation Falcon and the Looming Police State," Mike Whitney, Uruknet.info, uruknet.info/?p=m30971&s1=h1, Feb. 26, 2007; "Operation Falcon," SourceWatch (project of the Center for Media and Democracy), www.sourcewatch.org/index.php?title=Operation_FALCON, Nov. 18, 2006

7. BLACKWATER


The outsourcing of war has served two purposes for the Bush administration, which has given powerful corporations and private companies lucrative contracts supplying goods and services to American military operations overseas and quietly achieved an escalation of troops beyond what the public has been told or understands. Without actually deploying more military forces, the federal government instead contracts with private security firms like Blackwater to provide heavily armed details for US diplomats in Iraq, Afghanistan, and other countries where the nation is currently engaged in conflicts.

Blackwater is one of the more successful and well connected of the private companies profiting from the business of war. Started in 1996 by an ex–Navy Seal named Erik Prince, the North Carolina company employs 20,000 hired guns, training them on the world’s largest private military base.

"It’s become nothing short of the Praetorian Guard for the Bush administration’s so-called global war on terror," author Jeremy Scahill said on the Jan. 26 broadcast of the TV and radio news program Democracy Now! Scahill’s Blackwater: The Rise of the World’s Most Powerful Mercenary Army was published this year by Nation Books.

Source: "Our Mercenaries in Iraq," Jeremy Scahill, Democracy Now!, www.democracynow.org/article.pl?sid=07/01/26/1559232, Jan. 26, 2007

8. KIA: THE NEOLIBERAL INVASION OF INDIA


A March 2006 pact under which the United States agreed to supply nuclear fuel to India for the production of electric power also included a less-publicized corollary — the Knowledge Initiative on Agriculture. While it’s purportedly a deal to assist Indian farmers and liberalize trade (see story 4), critics say the initiative is destroying India’s local agrarian economy by encouraging the use of genetically modified seeds, which in turn is creating a new market for pesticides and driving up the overall cost of producing crops.

The deal provides a captive customer base for genetically modified seed maker Monsanto and a market for cheap goods to supply Wal-Mart, whose plans for 500 stores in the country could wipe out the livelihoods of 14 million small vendors.

Monsanto’s hybrid Bt cotton has already edged out local strains, and India is currently suffering an infestation of mealy bugs, which have proven immune to the pesticides the chemical companies have made available. Additionally, the sowing of crops has shifted from the traditional to the trade friendly. Farmers accustomed to cultivating mustard, a sacred local crop, are now producing soy, a plant foreign to India.

Though many farmers are seeing the folly of these deals, it’s often too late. Suicide has become a popular final act of opposition to what’s occurring in their country.

Vandana Shiva, who for 10 years has been studying the effects of bad trade deals on India, has published a report titled Seeds of Suicide, which recounts the deaths of more than 28,000 farmers who killed themselves in despair over the debts brought on them by binding agreements ultimately favoring corporations.

Hope comes in the form of a growing cadre of farmers hip to the flawed deals. They’ve organized into local sanghams, 72 of which now exist as small community networks that save and share seeds, skills, and assistance during the good times of harvest and the hard times of crop failure.

Sources: "Vandana Shiva on Farmer Suicides, the U.S.-India Nuclear Deal, Wal-Mart in India," Democracy Now!, www.democracynow.org/article.pl?sid=06/12/13/1451229, Dec. 13, 2006; "Genetically Modified Seeds: Women in India take on Monsanto," Arun Shrivastava, Global Research (Web site of Montreal’s Center for Global Research), www.globalresearch.ca/index.php?context=viewArticle&code=ARU20061009&articleId=3427, Oct. 9, 2006

9. THE PRIVATIZATION OF AMERICA’S INFRASTRUCTURE


In 1956, President Dwight D. Eisenhower ushered through legislation for the greatest public works project in human history — the interstate highway system, 41,000 miles of roads funded almost entirely by the federal government.

Fifty years later many of those roads are in need of repair or replacement, but the federal government has not exactly risen to the challenge. Instead, more than 20 states have set up financial deals leasing the roads to private companies in exchange for repairs. These public-private partnerships are being lauded by politicians as the only credible financial solution to providing the public with improved services.

But opponents of all political stripes are criticizing the deals as theft of public property. They point out that the bulk of benefits is actually going to the private side of the equation — in many cases, to foreign companies with considerable experience building private roads in developing countries. In the United States these companies are entering into long-term leases of infrastructure like roads and bridges, for a low amount. They work out tax breaks to finance the repairs, raise tolls to cover the costs, and start realizing profits for their shareholders in as little as 10 years.

As Daniel Schulman and James Ridgeway reported in Mother Jones, "the Federal Highway Administration estimates that it will cost $50 billion a year above current levels of federal, state, and local highway funding to rehab existing bridges and roads over the next 16 years. Where to get that money, without raising taxes? Privatization promises a quick fix — and a way to outsource difficult decisions, like raising tolls, to entities that don’t have to worry about getting reelected."

The Indiana Toll Road, the Chicago Skyway, Virginia’s Pocahontas Parkway, and many other stretches of the nation’s public pavement have succumbed to these private deals.

Cheerleaders for privatization are deeply embedded in the Bush administration (see story 7), where they’ve been secretly fostering plans for a North American Free Trade Agreement superhighway, a 10-lane route set to run through the heart of the country and connect the Mexican and Canadian borders. It’s specifically designed to plug into the Mexican port of Lázaro Cárdenas, taking advantage of cheap labor by avoiding the International Longshore and Warehouse Union, whose members are traditionally tasked with unloading cargo, and the International Brotherhood of Teamsters, whose members transport that cargo that around the country.

Sources: "The Highwaymen" Daniel Schulman with James Ridgeway, Mother Jones, www.motherjones.com/news/feature/2007/01/highwaymen.html, Feb. 2007; "Bush Administration Quietly Plans NAFTA Super Highway," Jerome R. Corsi, Human Events, www.humanevents.com/article.php?id=15497, June 12, 2006

10. VULTURE FUNDS: DEVOURING THE DESPERATE


Named for a bird that picks offal from a carcass, this financial scheme couldn’t be more aptly described. Well-endowed companies swoop in and purchase the debt owed by a third world country, then turn around and sue the country for the full amount — plus interest. In most courts, they win. Recently, Donegal International spent $3 million for $40 million worth of debt Zambia owed Romania, then sued for $55 million. In February an English court ruled that Zambia had to pay $15 million.

Often these countries are on the brink of having their debt relieved by the lenders in exchange for putting the owed money toward necessary goods and services for their citizens. But the vultures effectively initiate another round of deprivation for the impoverished countries by demanding full payment, and a loophole makes it legal.

Investigative reporter Greg Palast broke the story for the BBC’s Newsnight, saying that "the vultures have already sucked up about $1 billion in aid meant for the poorest nations, according to the World Bank in Washington."

With the exception of the BBC and Democracy Now!, no major news source has touched the story, though it’s incensed several members of Britain’s Parliament as well as the new prime minister, Gordon Brown. US Reps. John Conyers (D-Mich.) and Donald Payne (D-N.J.) lobbied Bush to take action as well, but political will may be elsewhere. Debt Advisory International, an investment consulting firm that’s been involved in several vulture funds that have generated millions in profits, is run by Paul Singer — the largest fundraiser for the Republican Party in the state of New York. He’s donated $1.7 million to Bush’s campaigns.

Source: "Vulture Fund Threat to Third World," Newsnight, www.gregpalast.com/vulture-fund-threat-to-third-world, Feb. 14, 2007

>>More: The story of U.S. Senator Diane Feinstein’s conflict of interest

Fall Arts: The year we turned to Glass

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› a&eletters@sfbg.com

Philip Glass fans are getting ready to camp out in San Francisco this fall.

The most influential composer of the late 20th century, Glass marked his 70th birthday Jan. 31, but the celebration continues throughout the fall in the Bay Area with concerts presented by SF Performances, Stanford University’s Lively Arts, the OtherMinds Festival, the SF Conservatory of Music, and the Cabrillo Festival in Santa Cruz in what has essentially become an ad hoc Glass festival.

At the center of this pan-Bay series of performances, recitals, lectures, and seminars will be the world premiere of Glass’s Appomattox, a major new commission by the San Francisco Opera. Set to a libretto by British playwright Christopher Hampton, the two-act Appomattox dramatizes the eponymous historical battle of the American Civil War and the events leading to the surrender of Confederate general Robert<\!s>E. Lee to US general Ulysses<\!s>S. Grant.

With a loss of 600,000 lives, the Civil War is easily the most devastating event in US history — but what have we learned? "The issues that were raised at the time are very much at the heart of social change in our country today: states’ rights, racism, you name it," Glass said recently from his home in Nova Scotia. "On the good side, we are still engaged in resolving these issues. That is one of the great things about our country, that we haven’t shied away from the issues. We embraced the difficulties as we tried to find solutions. We had some measures of success and some not. But [these issues] never stopped being relevant, because they were never resolved."

Glass’s previous operas, such as Einstein on the Beach, Satyagraha, and Akhnaten, exude brilliant ideas and a sense of innovation, and in tandem with multimedia and experimental projects such as the high-profile cinematic Qatsi trilogy, they earned him a place among the 20th century’s great iconoclasts — not to mention a spot in the punch line to a joke on The Simpsons.

Yet Glass continues to evolve. With Appomattox, the composer has chosen a historical topic that lends itself to an arched yet linear narrative leading to a well-defined climax. And judging from his newer works, his compositional style has acquired a surprisingly lush lyricism. One might suspect Appomattox of being Glass’s first opera in grand 19th-century style, although the composer reassured those who fear he might be softening with age, "It is going to be a very confrontational piece. Some of the elements will be quite difficult for some people."

One such element is Appomattox‘s score, which integrates Old Testament hymns sung by black Southerners to welcome Abraham Lincoln during his visit to Richmond, Va.; military songs by the Arkansas First Brigade; and civil rights ballads.

"I wanted to include in the musical language the feeling and the musical culture of that time and of the present time," Glass explained. "While this was written for voices skilled in operatic singing, there are other kinds of music in this opera as well. This was for me one of the most interesting things, to try to bring together different music that would normally not be heard at the same time."<\!s>*

SELECTED PHILIP GLASS EVENTS

"Music of Philip Glass" Joined by cellist Wendy Sutter, Glass takes to the ivories in a recital of his chamber music, including the local premieres of "Songs and Poems for Cello," Etudes nos. 2 and 10, and "The Orchard for Piano and Cello."

Sept. 28. (415) 392-2545, www.performances.org

Appomattox

Oct. 5–<\d>24. (415) 864-3330, www.sfopera.com

Book of Longing Glass collaborated with singer-songwriter and poet Leonard Cohen on this multimedia work, staged by choreographer Susan Marshall, with the composer on keyboards at this West Coast premiere.

Oct. 9. (650) 725-ARTS, livelyarts.stanford.edu

OTHER TOP CLASSICAL AND OPERA PICKS

Il Rè Pastore Philharmonia Baroque opens the new season with a rare performance of this dazzling gem, written when Wolfgang Amadeus Mozart was a mere teenager. Though the plot is a bit silly, the thrilling score is full of vibrant, infectious energy and includes a fabulous string of showstoppers that foretell the genius of the composer’s mature operas.

Sept. 22–<\d>28. (415) 252-1288, www.philharmonia.org

New Esterhazy String Quartet As part of a multiyear, comprehensive survey of Franz Joseph Haydn’s string repertoire in anticipation of the composer’s bicentennial in 2009, the local string quartet offers a fascinating exploration of Haydn’s quartets against a backdrop of early American history, finding unexpected associations linking the Old and New Worlds.

Oct. 19–<\d>21. (510) 528-1725, www.sfems.org

Gustavo Dudamel and the Simón Bolívar Youth Orchestra of Venezuela The appointment of 26-year-old Venezuelan conductor Dudamel to the top post of music director of the LA Philharmonic shocked the American symphonic establishment, but Dudamel is the next great thing. He has proved his mettle as the guest conductor of major European orchestras and as the artistic director of the excellent Simón Bolívar Youth Orchestra of Venezuela, which recruits and grooms students from the poorest barrios in the country. They’ll perform works by Dmitry Shostakovich, Leonard Bernstein, and Latin American composers.

Nov. 4. (415) 864-6000,www.sfsymphony.org

For more Glass events and classical picks, go to Noise, the Guardian‘s music blog, at www.sfbg.com/blogs/music.

A real dialogue on trans issues

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OPINION What I love about the queers in this town is just how messy and offensive we allow one another to be in our unified goal of relentlessly trying to strengthen our community. In some circles, the evolution of dyke space into a multigender population of transsexuals, genderqueers, femmes, tg-butches, bisexuals, lesbians, and men of all birth sexes has led to tension about queer visibility and discussions about misogyny, privilege, and appropriation. I am frequently pissed but never lacking for a group of people who will continue to engage the issues and attempt imperfect solutions no matter how hurt they have become in the process.

And yet, during Pride season there will be countless potentially offensive voices we will not hear. The ex-gay and right-wing Christian movements — arguably homosexual communities in their own right — will not be given unchallenged space at our events, and there won’t be an uproar that these views should be included for the purpose of "fostering dialogue." As many journalists and artists can attest, ensuring the free exchange of ideas often means knowing what to leave out.

Still, it was predictable that supporters of lesbian director Catherine Crouch’s film The Gendercator would claim censorship and blame transgender community allies for "silencing dialogue" when the Frameline International LGBT Film Festival decided last month to pull this film from its June schedule. It was a setup; victims could either remain silent during an attack or speak up and "prove" that they have malicious intentions to take over the world.

For those unfamiliar with The Gendercator, a quick look at Crouch’s film summary and deliberately defamatory director’s note says it all: Trans people are the product of "distorted cultural norms" who uphold antigay values and change their sex "instead of working to change the world." Male-identified trans people are altered lesbians, despite the fact that many have never held that identity. And not even the femme dykes are safe, considering Crouch’s tomboy-or-else definition of acceptable queerdom.

Crouch says the film comes from her anxiety about what she perceives as the loss of gender-variant women and the rise of binary gender norms. But the film itself strikes a different note, depicting trans bodies as sci-fi horrors and trans characters as coercive perpetrators of nonconsensual body invasions — all the familiar rhetoric used to justify antitrans violence and deny basic civil rights.

If there’s a dialogue to be had about our community’s valid anxieties surrounding the spike in sexual reassignment surgeries, it certainly wasn’t raised in Crouch’s The Gendercator. Unlike the creators of other films that have been controversial in the trans community, Crouch is disinterested in the lives of the people she portrays in this work. Imagine making a film alleging an inherent pedophilia in gay people to "spark dialogue" about gay culture’s obsession with eternal youth. As Rae Greiner, a queer woman who launched the Frameline letter-writing campaign, points out, "You can’t foster genuine discussion when you demonize your subjects or when you intentionally forego nuance in favor of stereotypes, false accusations, and outdated perceptions."

In fact, The Gendercator provoked very little dialogue at all until San Francisco activists protested it. Far from trying to silence it, they aimed to call attention to the film and create an actual conversation. They distributed flyers with Crouch’s position and responded with the truth about trans people’s lives: trans people are often queer social-justice activists with a nuanced and feminist view of identity.

The reason nontrans gay people have not seen blatantly antigay or antilesbian films yanked from their festivals is that such movies don’t make it past the selection committee. To decry the ban on The Gendercator is thus disingenuous, particularly when many of the "anticensorship" and "nonbinary" voices support events that ban trans people from attending based on the presence or absence of a penis.

Yet there are some important messages about this film that should not be lost.

First, if our community artists are going to claim dialogue as justification for blatant attacks, then they should expect to have that dialogue. Some of the questions the queer community has posed in its discussion of the film are: Why does Crouch think her views are nonbinary? How do femmes, bisexuals, butches of color, nonop male-identified trans people, and dykes who choose breast cancer reconstruction fit into her limited view of sex and gender? How does the glorification of masculinity in lesbian circles and the sexism in butch and genderqueer communities contribute to this perceived pressure to transition to male?

Most important, if gays and lesbians feel that the growing transgender population means they are under attack, how can we come together to make sure this concern is heard and validated without demonizing one another? Several events exist in San Francisco to deal with such tensions, but perhaps they aren’t reaching the smart and articulate people whose need for real dialogue has been reduced to lamenting the loss of a 15-minute monster movie.

Opposing the inclusion of a deliberately divisive and dialogue-stopping film in an event designed to build community was something we did not do because we don’t want to have a community conversation, but because we do. *

Zak Szymanski

Zak Szymanski is the producer and editor of the short film The Wait.

Criminals of poverty

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OPINION The morning I got out of jail, I walked through the icelike streets of Oakland touching ivy and running my fingers along the sides of buildings and cars and the trunks of trees. It wasn’t that I had forgotten how they felt. It was just that knowing that these things were still there, even when I wasn’t, helped to ease the shudder, the ache, and the tension that were now permanently lodged in my head.

Due to some extremely innovative legal work by a local civil rights attorney, I was given a chance to write as a way of working off my several thousand dollars of fines and months of jail time for crimes of poverty. In my and my poor mixed-race mama’s case, this was for the sole act of being homeless in the United States — a citable offense.

The most recent invention in the march toward increasing the criminalization of poverty in San Francisco is Mayor Gavin Newsom’s proposed Community Courts — or what the Coalition on Homelessness so aptly renamed poverty courts.

These courts would focus on status crimes — crimes like the ones I was charged with not so many years ago, crimes that are unavoidable for people who are poor and living on the streets.

These courts represent a further step toward the permanent criminalization of poor and homeless people, disguised as a more compassionate approach to so-called quality-of-life issues.

But the reason this is inane and a serious waste of resources is that no amount of punishment will ever succeed in lifting people out of poverty.

As a youth raised in a houseless family who was cited and arrested countless times for the act of sleeping in our broken-down vehicle, I was given referrals to community service agencies for several thousand hours of community service (free work), none of which I could ever complete, which then led to jail sentences and a criminal record — yet I was never offered housing. Instead I was continually criminalized for the fact that we didn’t have housing or the money to acquire it.

The proposed price tag for the poverty courts is $1.3 million. That’s money that could be funding permanent housing, mental health services, and drug treatment that would actually improve the quality of life for poor people.

The information gathered by the Coalition on Homelessness and Poor magazine indicates that the city plans to redline a portion of the poorest neighborhood in San Francisco (the Tenderloin), and any sleeping, sitting, vending, camping, graffiti, and prostitution tickets received in this area will be sent to a special court.

This is consistent with the massive increase in sweeps, arrests, and citations of homeless folks since Newsom came to office.

My writing–media production assignment was eventually completed, albeit slowly, while I lived through the devastating experience of being a youth in a homeless family. Had I not received this innovative work-around, I would not have made it out of the criminal injustice system and in the end would not have made it out alive. *

Tiny

Tiny, a.k.a. Lisa Gray-Garcia, is the cofounder of Poor magazine and PoorNewsNetwork and the author of Criminal of Poverty: Growing up Homeless in America.

Why we’re with Mark Leno

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OPINION The choice confronting voters in the State Senate District 3 primary in June 2008 is about electing the best candidate who personifies the direction, tone, and future of the progressive movement. Voters want positive changes, unequivocal vision, tangible accomplishments, and a leader who drives the movement forward.

Mark Leno represents the best progressive choice for that type of change. He is an articulate, innovative, and effective assemblymember who always makes a concerted effort to reach out to the people he serves with boundless energy; he will work equally hard as a senator.

As a legislator, Leno ensures that the voices of his constituents are well represented. His issues are driven by the communities he serves. He focuses on advancing controversial issues despite opposition in Sacramento, and he continues to achieve impressive political, cultural, and social milestones.

While serving on the San Francisco Board of Supervisors, Leno created the nation’s first medical cannabis identification program, which has become a model for similar programs across California.

On environmental issues, Leno has also won nationwide acclaim for his efforts to promote the use of renewable energy sources such as solar power in San Francisco and across the state.

When it comes to tenant rights, Leno’s legislative record speaks for itself. After many suffered the negative impact of Ellis Act evictions, he authored Assembly Bill 1217 to protect the disabled, elderly, and disadvantaged single-room-occupancy tenants from becoming homeless.

Leno has earned his reputation as a champion and visionary by introducing legislation that prohibits discrimination based on gender identity in housing and employment. Much like the transgender medical benefit legislation that he introduced as a member of the Board of Supervisors in San Francisco, his AB 196 is arguably one of California’s most significant nondiscrimination laws ever enacted to protect transgender people.

In 2005, Leno’s groundbreaking LGBT civil rights legislation to support marriage equality was the first in the nation to win approval by both houses of a state legislature. Although Governor Arnold Schwarzenegger vetoed the bill, Leno has reintroduced it and will not quit until it becomes law.

Leno is running for the District 3 State Senate seat because he believes that elective offices belong to the people. He will bring to the office his integrity, experience, and accomplishments in protecting marginalized and underserved communities, promoting environmental protection, and developing alternative sources of energy, and he’ll still remain independent of special interests. He introduces innovative solutions to difficult problems and represents the values of the people of Northern California.

For all these reasons, Mark Leno is our best choice for change. *

Theresa Sparks is president-elect of the San Francisco Police Commission. Cecilia Chung is deputy director of the Transgender Law Center.

MCMAF: Months of somedays

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> kimberly@sfbg.com

When Month of Sundays (Bobsled), the second Chamber Strings album, was released in 2001, singer-songwriter Kevin Junior was hailed as a new pop savant of sorts – a ragged, rainy-day Burt Bacharach, Brian Wilson’s lost brother, last sighted wandering gray shores amid dingy drizzle and deep dissolution. So where has he been the past six years?

"I got kidnapped by aliens, basically," Johnny Thunders-look-alike Junior deadpans from his Chicago flat. "Yeah, I went through, well, a five-year Behind the Music sort of life."

But what music. The refined rejoinder to the Chamber Strings’ sprawling, alternately rocking and contemplative, Exile on Main Street-like two-disc debut, Gospel Morning (Idiot Savant, 1997), Month of Sundays opens with an eerie, elegant piano refrain before plunging the listener into a gloriously wistful string of songs, imbued with beautifully blown-out, classic ’60s orchestral-pop arrangements. They’re harpsichord-driven, brass-laced, and jangling and touched by the glamorous, "Last Train to Georgia" sorrow and pity of civil rights-era soul-stirrers.

And what a life. After spending $200,000 to make Month of Sundays and doggedly touring, Junior discovered that his depression and grief following the death of close friends and collaborators such as Epic Soundtracks had morphed into an all-consuming drug habit. The band and Junior’s 15-year marriage bit the dust, and the Akron, Ohio, musician was on the streets: homeless and struggling with his heroin addiction for five years, Junior was, at his lowest point, living in a cardboard box on the streets of LA’s skid row. "Oddly enough, out of the few possessions I had, I kept a Japanese music magazine that I was on the cover of," he recalls. "Every once in a while I’d pull this thing out of my bag, lying on the street next to some guy, and say, ‘Hey, look – it’s me!’ And he’d say, ‘Nah, that ain’t you.’ ‘No, it is me.’ "

During that time, Junior’s routine consisted of staying up for five days consecutively, shooting crack and heroin. He ended up in jail three times and tried to kill himself a dozen times. "It never seemed to work," the songwriter says. "I guess I was blessed with a really strong constitution, because I think of it now and I can’t even believe that I’m sitting here talking to you." The end seemed near when Junior contracted endocarditis and was dragged into the hospital by another homeless man just in time.

Remarkably, he kept writing songs, he says, "whenever I hit a hotel lobby or found a guitar. I just kept them in my head." He returned to Akron and was invited by Soundtracks’ brother Nikki Sudden to live in Berlin and tour and open for him. "But Berlin was the worst place for me," Junior explains ruefully. "It’s the heroin capital of the world. You can’t walk two blocks without that coming around, and I wasn’t strong enough to quit. Nikki and I were really bad for each other that way." He finally moved to England and with the help of friends found a good doctor to help him clean up.

Upon returning to the States, Junior persuaded the rest of the Chamber Strings to get back together after at least one false start. (At first, Junior says, "we didn’t even make it to the rehearsal room. I moved in with Anthony Illarde, the drummer, and within two months we ended up in a fistfight.") One successful, sold-out Chicago reunion show and one documentary (John Boston’s For a Happy Ending) later, Junior is back in the rehearsal studio making demos to reintroduce labels to the Chamber Strings, and he sounds dazed and genuinely humbled when he confesses, "I feel like I got dropped back off on planet Earth again." *

To see For a Happy Ending, go to www.gloriousnoise.com.

How to control my body

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> annalee@techsploitation.com

TECHSPLOITATION The biological functioning of my body is all over the news right now. Lawmakers and federal regulatory agencies are asking themselves whether I should be allowed to have abortions, and whether I should be allowed to take a drug that prevents me from menstruating. You probably know about the brouhaha over abortion, spurred by the recent Supreme Court decision, but you may not have realized that decision came as the Food and Drug Administration decides the fate of Lybrel, a birth control pill that could liberate millions of women from paying Tampax for "wings" every month. But these two issues are not unrelated. They are both symptoms of how much the government loves to regulate the basic functioning of my body. Still, there are some key differences.

Most arguments over abortion boil down to whether you think a woman’s right to control her future is more or less important than the much-debated rights of a potential human. Because the legal status of a fetus has become part of the abortion debate, it’s hard to cast abortion purely as a female reproductive rights issue (as much as I’d like to do that). These days the abortion debate is also about how we define human life and whether a fetus constitutes a being that deserves legal protection.

However, the issue of controlling menstrual cycles is unequivocally about the female reproductive cycle, untainted by questions of embryo civil rights. Why should there be any controversy over pharmaceutical company Wyeth marketing Lybrel, which is exactly like a birth control pill without the seven-day placebo cycle that creates a fake period? (In case you aren’t a Pill geek, the period women have while taking contraceptive pills is caused only by hormone fluctuation and not a biological need to flush out unused eggs – the Pill works by preventing the ripening of said eggs. So it’s purely a cosmetic menstrual cycle.)

There are good reasons to test Lybrel, since nobody is completely sure what might happen in the long term to women who stop menstruating. But now that Wyeth has demonstrated the safety of this pill, what’s the big deal? The New York Times recently published a much-discussed article about negative reactions to Lybrel and other drugs like it. Canadian psychologist Christine Hitchcock told the paper she didn’t like "the idea that you can turn your body on and off like a tap." Giovanna Chesler, who just made a documentary about "the end of menstruation," objects to the idea that taking a daily pill makes women appear defective. "Women are not sick," she said. "They don’t need to control their periods for 30 or 40 years."

It’s interesting that Chesler uses the word "control" in her comment. Why are women eager to relinquish control over their periods, arguably one of the most annoying parts of being a biological female? After all, we take calcium pills to control bone density; we take showers to control odor; and take ibuprofen to control pain. None of these things are necessary. We don’t do them because we are sick, and not doing them won’t kill us. So why shouldn’t we take control of our bodies and stop having periods if we want to? There are no fetuses being harmed here. Why should we reject Lybrel, if not for the dogma that it’s unnatural for women to control their reproductive functions?

Yes, Wyeth stands to make money on Lybrel, and I’m no fan of pharmaceutical companies, but women already pay to deal with their periods. We pump billions of collars into feminine hygiene products so Kotex can sell us more wings and soft applicators and superabsorbent crap. I say if we can take pills that free us from having to deal with the monthly goo and bother, then let’s do it. Nobody is saying periods are sick or wrong here. It’s just that they’re annoying and uncomfortable – and if women don’t want to deal with them, they shouldn’t have to.

The social rejection of drugs such as Lybrel – which the FDA has already turned down for approval once – is based on the idea that there is something about women’s bodies that women themselves should not be allowed to control. Even in the absence of the fetus debates, we’re still seeing women who are afraid to control their reproductive systems. As long as we are in thrall to this fear, we will never triumph in the struggle for abortion rights and effective birth control. *

Annalee Newitz is a surly media nerd who gets horrible migraines from birth control pills, so she (alas) will remain trapped in a prehistoric female body.

We shall over come ourselves

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› a&eletters@sfbg.com

Nearly all the imagery we’re fed when it comes to understanding or imagining issues reutf8g to race in the United States comes from the civil rights era. No doubt that was a critical moment in American history, but it should go without saying that the road home can’t be found on an outdated map. The idea that "we shall overcome" is nice, but in reality different times have created different conceptions of who "we" are, what we’re overcoming, and how we will accomplish it.

It stands to reason that the problem tends to follow our playwrights onstage. The challenges and potential payoffs found in Tanya Barfield’s Blue Door (at the Berkeley Repertory Theatre, directed by actor Delroy Lindo) and the American Conservatory Theater production of Philip Kan Gotanda’s After the War (see "Home Run: After the War Lucidly Strikes Home," 4/4/07) are different, as if the writers had looked at the bag of tricks they’d been handed and consciously decided to make their own tools. Daily life — onstage and off — has been littered with lazy and self-serving, formulaic attempts to explore nearly every question reutf8g to race. What is most satisfying about Blue Door and After the War is that each asks fresh questions that are difficult and important.

Barfield’s multicharacter, two-actor play focuses on a troubled African American math professor struggling to deny the single fact that most shapes his interactions with the world — he’s hit bottom so hard that his white wife is pushing him to participate in the Million Man March as a way to get in touch with himself. As a result, his career is on the rocks, as are his marriage and his relationship with his family. His daily life gives way to a surreal sleepless night during which he’s visited by relatives, including some who were slaves, an experience that forces him to admit that his present and future have been shaped by the past.

Gotanda has created an ad hoc family of post–World War II refugees who share space in a boardinghouse in what was — before the war — San Francisco’s Japanese neighborhood. Six years later things are considerably different; the war’s over, and African Americans have moved into the Fillmore District housing vacated by interned Japanese Americans. As the original residents struggle to find and rebuild their community, politicians and developers have plans that don’t include black and Japanese American — or any marginalized — San Franciscans.

Gotanda’s multiracial, multinational menagerie lives under the roof of a young jazz musician named Chester Monkawa. Monkawa is a long way from today’s stereotypical hypersuccessful model minority. But although Gotanda’s created his share of outcasts and rebels over the years, what’s different about After the War is the difficulty the assembled characters have in dealing with each other. They’re a happy family when things are going well, but when the pendulum swings the other way, they go with what’s familiar — seeing race as life’s fundamental building block.

It’s refreshing to see After the War and Blue Door raise questions without ready-made answers, but that fact speaks to the problems their playwrights face. If such issues were easily dealt with onstage, we’d be doing a better job with them offstage as well. In fact, it takes a lot of money and an almost pathological reservoir of self-delusion for anyone to deny that America is a long way from addressing its ills. Nevertheless, it’s encouraging to see what Barfield and Gotanda — one young and black, the other a veteran Japanese American playwright — are doing. *

AFTER THE WAR

Through April 22

See stage listings for info

BLUE DOOR

Through May 20

See stage listings for showtimes, $33–$61

Berkeley Repertory Theatre

2025 Addison, Berk.

(510) 647-2949

www.berkeleyrep.org

For an interview with Delroy Lindo, go to Pixel Vision at www.sfbg.com/blogs/pixel_vision.

A law school of their own

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› culture@sfbg.com

In today’s "I’m gonna sue you" world, in which lawyers are called sharks (and often rightly so), getting a law degree from a school that offers the class "Education for a Just, Sacred and Sustainable World" might seem a little backward. However, since the ’70s a number of schools have been encouraging students to study law as a tool for practicing social advocacy — not just for lining corporate pockets (or their own).

One of the Bay Area’s banner examples is the New College of California, which — founded in 1975 out of the civil rights movement — has the oldest public interest law program in the country. But there are other stops for those with lawyerly aspirations. Golden Gate University not only offers certification in public interest law but also gives a number of incentives for students interested in helping local communities. UC Hastings College of the Law has the in-house Civil Justice Clinic, which gives students a chance to add an activist bent to their education. And most other nearby schools — from UC Berkeley’s School of Law to the University of San Francisco — now offer some kind of public interest law specialty.

So what are these programs like? Is this law lite?

Certainly not, Civil Justice Clinic director Mark Aaronson says. For example, clinic courses — which deal with employment law, housing law, and disability benefits among other areas of social interest — are very serious. In fact, students handle real cases and are advised by professional lawyers. As part of the course work in Aaronson’s Community Economic Development Clinic, students may survey community needs or translate court documents for neighborhood residents. The school is even more rigorous thanks to the fact that the yearlong program is limited to just eight students, giving them plenty of firsthand experience handling real-life legal situations. "Lawyers have to learn to lawyer in context, dealing with real problems as they occur — not just hypotheticals in a classroom," Aaronson says.

And UC Hastings’s dedication to this program goes beyond classes and course work. A number of student-led organizations offer a chance for community involvement: one group volunteers at outreach centers in SoMa along with UCSF medical students to provide medical care and legal advice to the underserved.

So where do graduates of these social justice law programs go? Some join private law firms, of course, or find government jobs serving communities in need. But others, such as Paul Hogarth, use their education to do something else entirely.

Hogarth is now the managing editor for BeyondChron.com, a daily news site produced by the Tenderloin Housing Clinic that tries to raise awareness about the Ellis Act and tenant housing rights. But first he attended Golden Gate University with help from its Public Interest Law Scholars Program, a scholarship fund that gives up to $15,000 in tuition aid and a $5,000 internship stipend to five students a year. He says the skills he gained at Golden Gate are integral to his job now.

"Sometimes I’ll write a story about a court case, and I’ll do a legal analysis of it," Hogarth says. "I also cover City Hall, and I can read legislation that’s going through and then say, ‘Well, this is what the law will do.’ "

Had Hogarth chosen to work for a nonprofit or as a public defender or prosecutor, he would’ve been eligible for a generous tuition repayment assistance grant from Golden Gate University.

It seems one of the greatest benefits of joining these programs, though, is being surrounded by like-minded people passionate about social change. For example, Antonia Jushasz, a teacher in the Activism and Social Change masters program at New College, spoke at a protest rally against the Iraqi Oil Law at Chevron Corp. headquarters March 19 with four of her students looking on — making up an impromptu class.

It’s not exactly what most of us think of when we imagine a law education. And graduates from these programs don’t exactly fit the stereotype of one of the world’s most hated professions. But it just proves as there’s more than one way to be a lawyer, there’s also more than one way to become one. So if you imagine your lawyer self as more of a dolphin (or an otter or maybe a sea lion) than a shark, don’t worry. There’s a place for you too. *

NEW COLLEGE OF CALIFORNIA

School of Law

50 Fell, SF

(415) 241-1300

www.newcollege.edu

GOLDEN GATE UNIVERSITY

536 Mission, SF

1-800-GGU-4YOU

www.ggu.edu

UC HASTINGS COLLEGE OF THE LAW

Civil Justice Clinic

100 McAllister, suite 300, SF

(415) 557-7887

www.uchasting.edu

UNIVERSITY OF SAN FRANCISCO SCHOOL OF LAW

2130 Fulton, SF

(415) 422-6307

www.usfca.edu/law

UNIVERSITY OF CALIFORNIA BERKELEY SCHOOL OF LAW

Center for Social Justice

785 Simon Hall

Piedmont and Bancroft, Berk.

(510) 642-4474

www.law.berkeley.edu/cenpro/csj

>

The Martin Luther King you don’t see on TV

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It’s become a TV ritual: Every year on April 4, as Americans commemorate Martin Luther King’s death, we get perfunctory network news reports about “the slain civil rights leader.” The remarkable thing about these reviews of King’s life is that several years – his last years – are totally missing, as if flushed down a memory hole. What TV viewers see is a closed loop of familiar file footage: King battling desegregation in Birmingham (1963); reciting his dream of racial harmony at the rally in Washington (1963); marching for voting rights in Selma, Alabama (1965); and finally, lying dead on the motel balcony in Memphis (1968). An alert viewer might notice that the chronology jumps from 1965 to 1968. Yet King didn’t take a sabbatical near the end of his life. In fact, he was speaking and organizing as diligently as ever. Almost all of those speeches were filmed or taped. But they’re not shown today on TV. Why? It’s because national news media have never come to terms with what Martin Luther King Jr. stood for during his final years. In the early 1960s, when King focused his challenge on legalized racial discrimination in the South, most major media were his allies. Network TV and national publications graphically showed the police dogs and bullwhips and cattle prods used against Southern blacks who sought the right to vote or to eat at a public lunch counter. But after passage of civil rights acts in 1964 and 1965, King began challenging the nation’s fundamental priorities. He maintained that civil rights laws were empty without “human rights” – including economic rights. For people too poor to eat at a restaurant or afford a decent home, King said, anti-discrimination laws were hollow. Noting that a majority of Americans below the poverty line were white, King developed a class perspective. He decried the huge income gaps between rich and poor, and called for “radical changes in the structure of our society” to redistribute wealth and power. “True compassion,” King declared, “is more than flinging a coin to a beggar; it comes to see that an edifice which produces beggars needs restructuring.” By 1967, King had also become the country’s most prominent opponent of the Vietnam War, and a staunch critic of overall U.S. foreign policy, which he deemed militaristic. In his “Beyond Vietnam” speech delivered at New York’s Riverside Church on April 4, 1967 –– a year to the day before he was murdered –– King called the United States “the greatest purveyor of violence in the world today.” (Full text/audio here: http://www.informationclearinghouse.info/article2564.htm) From Vietnam to South Africa to Latin America, King said, the U.S. was “on the wrong side of a world revolution.” King questioned “our alliance with the landed gentry of Latin America,” and asked why the U.S. was suppressing revolutions “of the shirtless and barefoot people” in the Third World, instead of supporting them. In foreign policy, King also offered an economic critique, complaining about “capitalists of the West investing huge sums of money in Asia, Africa and South America, only to take the profits out with no concern for the social betterment of the countries.” You haven’t heard the “Beyond Vietnam” speech on network news retrospectives, but national media heard it loud and clear back in 1967 – and loudly denounced it. Time magazine called it “demagogic slander that sounded like a script for Radio Hanoi.” The Washington Post patronized that “King has diminished his usefulness to his cause, his country, his people.” In his last months, King was organizing the most militant project of his life: the Poor People’s Campaign. He crisscrossed the country to assemble “a multiracial army of the poor” that would descend on Washington – engaging in nonviolent civil disobedience at the Capitol, if need be – until Congress enacted a poor people’s bill of rights. Reader’s Digest warned of an “insurrection.” King’s economic bill of rights called for massive government jobs programs to rebuild America’s cities. He saw a crying need to confront a Congress that had demonstrated its “hostility to the poor” – appropriating “military funds with alacrity and generosity,” but providing “poverty funds with miserliness.” How familiar that sounds today, nearly 40 years after King’s efforts on behalf of the poor people’s mobilization were cut short by an assassin’s bullet. In 2007, in this nation of immense wealth, the White House and most in Congress continue to accept the perpetuation of poverty. They fund foreign wars with “alacrity and generosity,” while being miserly in dispensing funds for education and healthcare and environmental cleanup. And those priorities are largely unquestioned by mainstream media. No surprise that they tell us so little about the last years of Martin Luther King’s life. ___________________________________________ Jeff Cohen is the author of “Cable News Confidential: My Misadventures in Corporate Media.” Norman Solomon’s book “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death” is out in paperback.

Stand up for immigrants, Mr. Newsom

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OPINION President George W. Bush’s war on immigration is wreaking havoc on San Francisco’s immigrant community. Across the Bay Area and in San Francisco, Immigration and Customs Enforcement (ICE) officials have been carrying out raids at homes and workplaces, near schools, and, in broad daylight, on the streets. Hundreds of immigrants have been deported, devastating families, separating parents from United States–born children, and leaving entire neighborhoods in a state of fear.

There are few other neighborhoods that feel the ICE war more than the Mission District, the Latino heart and soul of San Francisco. So it was especially painful to sit through a two-hour town hall meeting orchestrated by Mayor Gavin Newsom on March 26 at César Chávez Elementary School in the Mission. Never once did he acknowledge vocal community members’ concerns over ICE sweeps and civil rights abuses. Instead, as predicted, he kept to the script, selecting two dozen questions out of 70 that were submitted by more than 250 attendees. Despite the loud chants, luchadores dressed in capes and masks, and bold visuals that called for a stop to the ICE raids, the mayor continued to talk and talk and talk some more about the health care access initiative.

Health care access is an important issue — residents and workers throughout the city appreciate the mayor’s efforts and welcome any relief for the thousands of uninsured, low-income, and undocumented residents of San Francisco. But right now the streets of the city are hot, and immigrant families are scared to leave their homes, send their kids to school, go to work, or even seek medical care at General Hospital for fear of being swept up, displaced, and deported.

Fortunately, there are some protections in the city. In 1989 the immigrant-rights movement, with the support of elected officials, established the sanctuary ordinance, which bars city officials, the Police Department, and other city agencies from cooperating with federal immigration officials. But in light of the most recent aggression, the time has come for our mayor and our elected officials to do more.

In 2004, in a rightful act of civil disobedience, a defiant Newsom stood up for justice by marrying same-sex couples, a landmark event in US civil rights history. It’s time for the mayor to once again stand up for justice by supporting the immigrants who make great contributions to this city and the nation.

Mayor Newsom, show us that your stance on civil rights has no limits and is inclusive of immigrant workers and families. Show us that you were not just currying favor or seeking votes but are truly committed to all civil rights issues.

Join with us:

March with the immigrant community to protest the ICE raids.

Convene a meeting with ICE officials, Rep. Nancy Pelosi, Senators Barbara Boxer and Dianne Feinstein, and community members.

Increase city resources for legal and educational services that help immigrants get on the pathway to legalization.

Support the current day-laborer center and use day laborers’ input in the future expansion and creation of worker centers.

Support the immigrant-led planning process in the Mission District, which calls for more affordable housing and jobs. *

Oscar M. Grande

Oscar M. Grande is a community organizer with PODER, People Organized to Demand Employment Rights.

Guardian, ACLU seek ICE records

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The Bay Guardian, the ACLU of Northern California and the Lawyers Committee for Civil Rights have filed a Freedom of Information Act request seeking documents related the recent immigration raids in California.

The detailed request asks for a long list of documents explaining “Operation Return to Sender,” an Immigration Customs and Enforcement crackdown that had led to 13,000 arrests nationwide.

“Some of the abusive practices reported extensively in the press include: illegal entries and searches by ICE agents, misidentification of ICE agents as member of local police forces, inappropriate tactics related to children including conducting round-ups near schools and leaving minor children unattended upon their parents’ arrest, ethnic profiling, violations of due process and abusive treatment,” an ACLU press release notes.

“When the Mayor of Richmond describes the ICE raids as imposing a ‘state of terror’ and parents are afraid to send their children to school, civil rights organizations must investigate possible civil rights violations,” said Julia Harumi Mass, staff attorney of the ACLU-NC. “The first step is to see all the records regarding the planning and implementation of Operation Return to Sender in northern California.”

The Guardian has worked with the ACLU in the past on federal FOIA requests, most recently seeking information about clandestine Pentagon spying on local peace groups.

Below is the press release:

ACLU Seeks Records on Immigration Enforcement Actions
in Northern California

Groups Investigate Possible Civil Rights Violations

SAN FRANCISCO – The ACLU of Northern California, the San Francisco Bay Guardian, and Lawyers’ Committee for Civil Rights of the San Francisco Bay Area filed a Freedom of Information Act (FOIA) request today seeking records reutf8g to recent enforcement actions conducted by U.S. Immigration Customs and Enforcement (ICE). The ACLU-NC has requested expedited processing because of the urgency of this issue to members of several northern California communities.

The ACLU-NC is seeking documents regarding the recent ICE actions undertaken as part of “Operation Return to Sender” in Contra Costa, San Mateo, Santa Cruz, San Benito, San Francisco, and Fresno counties to name a few. Operation Return to Sender was launched in May 2006 and has led to the arrest of at least 13,000 people nationwide.

Some of the abusive practices reported extensively in the press include: illegal entries and searches by ICE agents, misidentification of ICE agents as member of local police forces, inappropriate tactics related to children including conducting round-ups near schools and leaving minor children unattended upon their parents’ arrest, ethnic profiling, violations of due process and abusive treatment.

“When the Mayor of Richmond describes the ICE raids as imposing a ‘state of terror’ and parents are afraid to send their children to school, civil rights organizations must investigate possible civil rights violations,” said Julia Harumi Mass, staff attorney of the ACLU-NC. “The first step is to see all the records regarding the planning and implementation of Operation Return to Sender in northern California.”

The ACLU has reviewed a number of complaints concerning ICE conduct that raise serious concerns about racial profiling and other constitutional violations. Finding out the truth about the raids—which are reportedly resulting in the arrest and deportation not only of “fugitives” with criminal histories, but many residents whose only unlawful actions relate to being in the country without authorization—is particularly important as Congress takes on the question of how to address the vast numbers of undocumented immigrants who currently live and work in the United States.

“If the federal government is going to spend taxpayers dollars on a very questionable enforcement action, the public has the right to know the details of how it was implemented — and particularly how local law enforcement agencies in cities like San Francisco, which has a policy of not co-operating with ICE, were involved,” said Tim Redmond of the San Francisco Bay Guardian.

Mass added: “We are seeking expedited processing because of the urgency of this issue. ICE enforcement actions have been widely reported in the press and have raised serious concerns about federal misconduct. The reports have caused widespread anxiety in communities throughout northern California.” If expedited processing is granted, the ACLU FOIA request would be processed “as soon as practicable,” and prior to the agency’s large backlog of less urgent requests.

The Lawyers’ Committee for Civil Rights is accepting calls from members of the public who believe they were victims of abusive and unlawful ICE enforcement tactics. The ACLU-NC will be working with the Lawyers’ Committee for Civil Rights to evaluate information from the public as part of their investigation into the raids.

For a copy of the FOIA visit www.aclunc.org.

Pinkos, painters, and pansies

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› marke@sfbg.com

REVIEW Los Angeles has lately become quite a hot spot for queer studies scholars, their investigations slipping out of the Hollywood Babylon mode of starstruck speculation and into the lives of everyday Angelenos. In the wake of Lillian Faderman and Stuart Timmons’s well-received 2006 volume, Gay L.A.: A History of Sexual Outlaws, Power Politics, and Lipstick Lesbians (Basic Books), comes Daniel Hurewitz’s Bohemian Los Angeles and the Making of Modern Politics, an ambitious, fascinating attempt to show how Communists, postsurrealist artists, civil rights activists, and pre-gay "fairies" converged in the crucible of early 20th-century Silver Lake — then called Edendale — to create the modern notion of identity, in particular queer identity.

Bohemian Los Angeles is bookended by two extraordinary characters who made their home in Edendale: lauded vaudeville female impersonator Julian Eltinge and gay-rights giant Harry Hay. Both of these men had sex with other men, but they couldn’t have been more distant in their conception of their own identity. The idea of gayness, or the notion of a true inner self that relied on sexuality to achieve its public expression, was as alien to Eltinge and his time (the 1910s) as Grand Theft Auto. Despite the expensive stage gowns and fellatio, the otherwise macho Eltinge was enraged by the showy "cissies," dandies, and fairies who claimed to have "woman’s blood in them" and made up much of his fan base. For him and other prominent male-on-males, homosexuality was a private act that needed no community or publicity to ensure its satisfaction. Hay, who came to prominence 40 years later as the first official gay activist, was a different fish entirely. His Mattachine Society insisted that homosexuality was an underlying impulse knitting everyone who was "that way" into a kinship with a shared cause: civil rights.

Hurewitz’s project is to trace how Eltinge’s view gave way to Hay’s, how activity was transformed into identity and gay pride was born. To do this, he recounts the history of Edendale as one of transformative communities, paying close attention to the artists who gathered around guru Jack Zeitlin in the late 1920s and began exploring the idea of an inner essence that could be communicated through the arts. He looks at members of the Communist Party of Los Angeles who experimented in communal living in Edendale in the 1930s and, in the wake of World War II’s Zoot Suit Riots and Japanese internments, agitated for a notion of civil rights based on ethnic identity. And he tracks the growth of homosexual networks in LA, the prototypes of a community based on sexual desire.

All of these bohemian groups, Hurewitz argues, laid the groundwork for Hay’s and others’ ultimate politicization, their embrace of a sexual inner essence worthy of public declaration. A further inspiration was the steep uptick in homosexual arrests in the 1920s, as the city’s politicos seized on the notion of "degeneracy" as a moral-panic strategy. (One of Hurewitz’s fabulous insights is that the idea of degeneracy was once embraced by some homosexual men as a way to divorce their actions from their character.)

Many gays today feel exhausted by identity politics yet trapped in a ghetto of conformist sexual expression. Refreshingly, this sharply written, well-researched history brings to light some of the magically diverse, willfully perverse, and politically immersed foundations of who we are now. *

BOHEMIAN LOS ANGELES AND THE MAKING OF MODERN POLITICS

By Daniel Hurewitz

University of California Press

377 pages

$29.95

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Peter’s principles (or lack thereof)

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By Steven T. Jones

Before hitting the latest news of ethics problems in the mayor’s office, and the brilliant segment that KGO-TV’s dogged investigative reporter Dan Noyes has done to highlight them, it’s important to offer some context and perspective.
Mayor Gavin Newsom imported veteran Democrat Party flack Peter Ragone to be his press secretary upon taking office three years ago. Ragone didn’t really know San Francisco that well, but he seemed to understand the national political landscape and therefore became a trusted adviser to our ambitious mayor. The gay marriage move was brilliant, shoring up Newsom’s support in the city’s queer community and positioning him as a civil rights leader for future campaigns.

Yet along the way, Ragone seemed to forget that Newsom was the mayor of San Francisco at a time when progressives controlled the Board of Supervisors and couldn’t simply be dismissed. Over and over, Ragone spun stories to reporters about the incompetence and/or malevolence of progressives or other critics of the mayor — often attacking or belittling the journalists when they expressed skepticism — until he had very little credibility left with any of us (something I say as someone who regularly talks with journalists from all the other major news outlets in town).

So when the SFist discovered that some posters to their site were actually coming from Ragone’s computer, and Ragone avoided answering questions about it and opted to instead claim on the site that allegedly pseudonymous John Nelson was a real person, his best friend actually, who often stayed at Ragone’s house during the early morning and late night hours when he posted — most people simply assumed Ragone was lying.

I wanted to give Ragone the benefit of the doubt and asked whether I could meet John or otherwise get some verification for his existence. Ragone said no, and said, “I don’t think I’d like to see my friends and family put through the wringer of San Francisco politics.”

MONDAY

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Jan. 15

EVENT

“Bringing the Noise for Dr. Martin Luther King Jr.”

Your day-off tribute to Dr. Martin Luther King Jr. could stop at couching it and watching a documentary. But seeing as how the civil rights leader was a supremely gifted orator who inspired millions with his speeches, a night of roof-rattling performance seems a bit more fitting, doesn’t it? For the 10th year, Youth Speaks honors King’s legacy with “Bringing the Noise for Dr. Martin Luther King Jr.” Host Chinaka Hodge oversees an action-packed lineup that includes spoken word by iLL-Literacy; hip-hop with the Attik; and DJ J. Period, who rocks the event’s annual “I Have a Dream” speech remix. (Cheryl Eddy)

7 p.m., $5-$12
Yerba Buena Center for the Arts Theater
700 Howard, SF
(415) 978-ARTS
www.ybca.org

FILM

Absolute Wilson

Though he’s been the most famous American avant-garde stage director for at least three decades, Robert Wilson remains a rather remote, enigmatic figure at home. The surprise of Katharina Otto-Bernstein’s documentary is how accessible – even delightful – he turns out on close examination. Predictably, given his arresting, architectural stage aesthetic, the archival performance excerpts and still photos here are striking. Wilson is funnier than you’d expect as an interview personality – though we also get strong evidence of his tantrum-prone perfectionism on the job. (Dennis Harvey)

In Bay Area theaters
See movie clock at www.sfbg.com

Goodbye PG

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› a&eletters@sfbg.com
When Japanese documentary filmmaker Kazuo Hara was approached by Okuzaki Kenzo — the subject of his 1987 The Emperor’s Naked Army Marches On — and asked to film him committing murder, Hara strongly considered it before turning him down, more than anything because he “had become really sick of Okuzaki.” Or so he told an interviewer. This sounds like bullshit, and it may be, but the filming approaches and content of Hara’s body of work make you think that maybe he could have done it. (Okuzaki, incidentally, is currently serving time for the unfilmed murder attempt.) Hara has captured on film, in a doc that is essentially the sanctioned stalking of his ex-wife, the full frontal birth of her child. This was in 1974, understand, way before the Learning Channel or even The Cosby Show. He has followed a head case who once slung pachinko balls at Emperor Hirohito as the leader traveled around Japan accusing ex-soldiers, not without reason, of cannibalism. He has filmed the assaults of old men being accused, not without reason, of cannibalism. This is a filmmaker who might very well show up to a murder if he could still stand his subject.
Two of Hara’s docs will be showing this week at Yerba Buena Center for the Arts. Goodbye CP (1972) was his first film and caused quite a fuss in Japan for its uncensored look at the lives of people with cerebral palsy. It’s been called sadistic, and it almost broke up the marriage of its main protagonist, but it’s applauded by civil rights groups and is still shown to social service workers as a not-too-gentle reminder that those with CP aren’t anatomically smoothed-over dolls.
A Dedicated Life (1995), about the life and death from cancer of Japanese author Mitsuharu Inoue, isn’t as gonzo as most of Hara’s other films, but it’s one of his fullest and most mature. The transgression of the biography (beyond a fairly fruitless preoccupation with Inoue’s playboy persona) is Hara’s gruesome admission that he was basically waiting for the man to die so that he could get more candid interviews from those who knew him. This information, taken from an interview with professor Kenneth Ruoff, adds menace to the scenes in the doctor’s office and muddies the poignance of conversations Inoue had with his wife about his illness. But the poignance is always there, in this and Hara’s other films. It just usually has to share the spotlight with the creepy methods of the man behind the camera. SFBG
NO BOUNDARIES: THE TRANSGRESSIVE DOCUMENTARIES OF KAZUO HARA
A Dedicated Life, Thurs/16, 7:30 p.m.
Goodbye CP, Sun/19, 2 p.m.
Yerba Buena Center for the Arts, screening room
701 Mission, SF
$6–$8
(415) 978-2787
www.ybca.org