Civil Rights

Keep police discipline public

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OPINION Three years after San Francisco voters passed Proposition H, the landmark police reform initiative, the San Francisco Police Commission finds itself at a crossroad. At the heart of the matter is how the commission deals with one of the worst decisions to come out of the California Supreme Court in recent memory, Copley Press v. Superior Court. In that decision the court held that records reutf8g to police officer disciplinary proceedings are confidential and not subject to disclosure under the California Public Records Act.
Citing the Peace Officers Bill of Rights, the court even held that an officer’s identity in disciplinary proceedings is confidential. How the Police Commission deals with this ruling will determine the level of openness with which the commission — and consequently, the Police Department — will conduct its business.
In turn, this may well determine the extent to which the promise of Proposition H — transparency and accountability for the police — will become a reality.
In an effort to protect transparency and accountability, the three undersigned police commissioners, as individuals, proposed what we believe is a commonsense approach to Copley: let’s comply with Copley’s requirement of confidentiality, but let’s only be as confidential as the decision requires us to be. Stated differently, let’s follow the law — but let’s be as open as the law allows.
This is why we proposed a rather simple and measured idea — since Copley only requires the confidentiality of records in police disciplinary proceedings and since the state legislature never gave police officers the right to confidential settlements, why not continue to handle such settlements out in the open, the way they’ve been handled for 14 years without ever facing a legal challenge? To be sure that our idea would pass legal muster, we asked the City Attorney’s Office to draft a resolution that would be legally viable and could survive legal challenge. That resolution was submitted for the public and the Police Commission’s consideration last week.
One would think a resolution reflecting a tried-and-true process that was never challenged in more than a decade, a process carefully vetted with the city attorney, would satisfy even the strictest of legal constructionists. And yet, not surprisingly, the San Francisco Police Officers Association has come out against our proposal to openly handle settlements in police disciplinary cases. Without citing any legal authority, the POA argues that police officers have the right to settle disciplinary cases through backroom deals without ever revealing their identity or the terms of the deal to the public.
The POA’s position seems to be shared by a number of other commissioners, and a counterresolution essentially changing how settlements are handled was recently introduced. Both our original resolution and the counterresolution are scheduled to be heard Nov. 15. Even though it’s unclear which resolution will pass, we remain hopeful that the Police Commission will not grant police officers a right the legislature never bestowed on them — the right to cloak settlements in secrecy. This is especially true since several commissioners come from communities adversely impacted by police actions and have a long legacy in support of civil rights and public access.
Openness in the handling of settlements in police disciplinary hearings has been the norm in San Francisco for more than a decade. There is no reason to change course today. SFBG
David Campos, Petra de Jesus, and Theresa Sparks
David Campos, Petra de Jesus, and Theresa Sparks are members of the San Francisco Police Commission.

One nation under dog

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› a&eletters@sfbg.com
In Suzan-Lori Parks’s The America Play, the setting is a vast dirt hole — what the piece calls “an exact replica of the Great Hole of History.” You could say it’s still the operative landscape in her 2002 Pulitzer Prize–winning play, Topdog/Underdog, which also takes as a central motif The America Play’s image of a black man dressed as an arcade Abraham Lincoln (there for patrons to shoot in a continual reenactment of the assassination in Ford’s Theatre). Parks now grounds it in a more ostensibly realistic plotline Linc-ing two African American brothers to a deep and sordid past they only partially and fleetingly understand. The hole of history here consists of the squalid apartment shared by Lincoln (Ian Walker) and Booth (David Westley Skillman), named by their father as “some idea of a joke.”
In Parks’s telling, the joke is loaded. The layering of history, it suggests, turns Booth’s inner-city digs downright archaeological. It blends — in subtle and intricate ways — the brothers’ troubled childhood, a history of racism and endemic poverty, and a ruthless culture suffused with fantasies of death and easy money.
Second Wind’s production, ably helmed by director Virginia Reed, is the first one locally since the touring Broadway version came through town. It’s great not only to have the opportunity to see this rich and dramatically powerful work performed again but to see a small company do this demanding piece such justice. (If justice is a word one can draw anywhere near the world of Linc and Booth.) The actors establish an engaging rapport onstage. Skillman is sharp and just vaguely menacing as younger brother Booth, jumpy and less certain than his big brother despite his obsessive ambition to be the three-card monte hustler his now disillusioned brother once was. Walker’s Linc, meanwhile, is a finely tuned combination of resignation, restraint, and irrepressible pride. He first appears in whiteface, wearing the president’s getup, which gives him a steady paycheck and time to think; when his startled kid brother trains a real gun on him, we have a tableau that sets the whole history ball rolling.
True, opening night saw the performances, especially Walker’s, fluctuating slightly in intensity, focus, and rhythm, but that’s only to say an excellent cast will likely prove even stronger as the run continues.
THE WAR AT HOME
Bay Area playwright Brad Erickson’s new play, The War at Home, comes stitched together with song — religious hymns sung by a cast whose effortless harmonies belie the contested provenance of the play’s allegiances and convictions. It’s an ironic and rhythmically effective counterpoint to the disunion tackled by Erickson’s smart and well-crafted story, which begins with the lovely-sounding but nonetheless physically strained concord of a group portrait around the piano.
Jason (a nicely understated Peter Matthews) is a young gay playwright from the Big Apple who returns home to Charleston, SC, where his father, Bill (Alex Ross), is a popular Baptist minister, to put on a play lambasting the Baptist Church for its bigoted opposition to gay marriage and demonization of homosexuality. As the inevitable uproar gets under way — with his good-natured, well-meaning dad (played with wonderfully convincing sincerity by Ross) caught between his son and his strident, militant church assistant, Danny (Patrick MacKellan) — Jason’s renewed contact with his old lover Reese (Jason Jeremy) raises some hell of its own for him.
Pastor Bill has grown the congregation successfully over the years into a thriving community. Early in the play, he’s overlooking the floor plans for the church’s new Christian Life Center facility (which includes an elaborate gym confoundingly absent showers, he notices). But the growth of the church and Bill’s success as a pastor have come at a price — his own passive complicity in the purging over the years of progressive church leadership in the Southern Baptist Convention (as a Christian who had protested the Vietnam War and fought for civil rights, Bill finds his passivity amounts to a significant compromise). Now his son’s play and life become the catalyst for a confrontation with the right-wing leadership that threatens to end his career as well as break up his marriage to Jason’s serenely oblivious mother (a bottomless well of denial played with perfectly pitched charm by Adrienne Krug).
Having recently married his NYC partner in a legal ceremony in Boston, Jason becomes panicked over his infidelity with Reese, made troubling here by the thought that he may be living up to the hateful stereotypes of the Christian Right and stoking the facile certainties of their intolerant, authoritarian worldview (which to his father’s chagrin Jason labels — with youthful impetuosity perhaps but hardly without cause — “fascist”).
It’s part of the strength of Erickson’s play that it eschews easy answers or stereotypes. Nevertheless, Danny and, to a lesser extent, Reese remain less developed characters than Jason and his parents, whose interactions are some of the play’s most convincing and resonant. Director John Dixon, meanwhile, who shrewdly avoids stereotypes himself, as well as cheap laughs, garners strong performances from a very solid cast. SFBG
TOPDOG/UNDERDOG
Through Nov. 18
Thurs.–Sat., 8 p.m.; Sun., 2 p.m.
Phoenix Theatre
414 Mason, SF
$13–$25
(415) 820-1460
www.secondwind.com
THE WAR AT HOME
Through Nov. 11
Wed.–Sat., 8 p.m.; Sun., 2 p.m.
New Conservatory Theatre Center
25 Van Ness, SF
$22–$40
(415) 861-8972
www.nctcsf.org

FRIDAY

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Event

“Crime and Consequences”

Get inside the criminal mind for an evening with these devilishly deviant and devastatingly raw true-life accounts that are like crime scene photos in memoir form. “Crime and Consequences” is a gritty literary event that examines the dark world of crime and its effects as seen from perspectives varying from perpetrator to prey. This reading includes appearances by ex–SFPD Police Chief Prentice Earl Sanders and Bennett Cohen, coauthors of The Zebra Murders: A Season of Killing, Racial Madness, and Civil Rights; and Rachel Howard, author of The Lost Night, a chronicle of her father’s unsolved murder. (Hayley Elisabeth Kaufman)

6:30 p.m.
Hemlock Tavern
1131 Polk, SF
Free
(415) 923-0923
www.hemlocktavern.com

Music

Hank IV

Got a hankering for the bad ole days of walking, talking, pill-popping hillbilly proto-rockers? Or the wicked nights of their football-fried offspring and hard-bitten, mulleted grandkids? Sure you do. That’s why you’ve got to get down with Hank IV, San Francisco’s self-proclaimed bastard sons to the sticky throne of pop dissolution, motor oil headaches, garage rock heartbreak, and ear-bleed cacophony. This supergrope, comprising ex-members of Icky Boyfriends and Bum-Kon, has finally issued an initial, tasty slice of vinyl, Third Person Shooter (Hook or Crook). (Kimberly Chun)

With TITS, Nate Denver’s Neck, the Mantles, and Shellshag
9 p.m.
Elbo Room
647 Valencia, SF
$7
(415) 522-7788
www.elbo.com

Also Oct. 22, 2 p.m.
Amoeba Music
1855 Haight, SF
Free
(415) 831-1200

Same-sex marriage: On to the Supreme Court

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EDITORIAL It’s hard to take the California Courts of Appeal decision on same-sex marriage seriously. It reads like some sort of joke, the product of a bad old mind-set that this country put behind it almost 40 years ago when the US Supreme Court struck down bans on interracial marriage. It’s worse though: the court, by a 2–1 decision, seems to imply that gay and lesbian people don’t have the same fundamental legal rights as everyone else, that discrimination against them doesn’t need to be viewed with strict legal scrutiny.
Hiding behind the absurd notion that the court would be usurping the role of the legislature by finding that it’s unconstitutional to outlaw same-sex marriage, Justices William R. McGuiness and Joanne C. Parrilli overturned a landmark ruling by San Francisco Superior Court Judge Richard Kramer and set the stage for what has to be a full debate before the state Supreme Court.
On many, many levels, this is the defining civil rights issue of our era — and the state’s highest court must agree to take the case and overturn this embarrassingly misguided decision.
The court goes out of its way to try to sound sympathetic to gay and lesbian couples, acknowledging in its ruling that social standards are changing and that “gay and lesbian couples can — and do — form committed, lasting relationships that compare favorably with any traditional marriage.” But the two judges in the majority argue that the state legislature hasn’t legalized same-sex marriage, so there’s nothing the courts can do.
That, of course, is nonsense and flies in the face of centuries of American legal jurisprudence (and most recently, of the well-reasoned decision by Judge Kramer). The Virginia legislature had explicitly refused to legalize marriage between people of different races when the Loving case came before the US Supreme Court in 1967; the court ruled, quite properly, that the so-called antimiscegenation laws by their very nature deprived people of a fundamental constitutional right. The right to an abortion was never established by Congress; the Supreme Court ruled in 1973 that the constitutional right to privacy protected the right of a woman to terminate her pregnancy. The list goes on and on: when courts find that state and federal legislators have acted in a way that undermines basic legal rights, they often wind up enshrining in law rules that were never put to a majority vote.
Besides, let’s remember: the state legislature did take up this issue and passed a bill — which the governor vetoed, saying he was leaving the issue to the courts.
Justice J. Anthony Kline, the lone dissenting voice, put it very nicely: “To say that the inalienable right to marry the person of one’s choice is not a fundamental constitutional right, and may therefore be restricted by the state without a showing of compelling need, is a terrible backward step…. Ignoring the qualities attached to marriage by the Supreme Court, and defining it instead by who it excludes, demeans the institution of marriage and diminishes the humanity of the gay men and lesbians who wish to marry a loved one of their choice.”
San Francisco City Attorney Dennis Herrera will, of course, appeal this decision to the state Supreme Court, where everyone has assumed it was heading anyway. But there’s a danger here: the high court could duck the entire issue, more or less, by simply declining to hear the case and letting the appeals court decision stand. That would be a tragedy. Everyone involved on all sides agrees that this is a huge issue, both legally and politically, and two appellate judges on a sharply divided three-judge panel simply can’t be allowed to hold the last word.
We urge the Supreme Court to take the case. So should every Democratic (and decent-minded Republican) politician running for office this fall, starting with Jerry Brown, the leading candidate for attorney general.
The ultimate outcome of the debate over same-sex marriage isn’t in doubt. A few years from now — 5, 10, 15, 20 — the bigots will have lost their hold on politics and same-sex marriage will be as widely accepted as interracial marriage is today. California can either be a national leader in this progressive cause — or suffer the shame and embarrassment of being a state where the highest court enshrined unconscionable and indefensible discrimination into its constitution. SFBG
The appeals court decision and Justice Kline’s dissent can be viewed at www.courtinfo.ca.gov/opinions/documents/A110449.DOC.

Divorcing Columbus

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OPINION This year may go down in history as the one new immigrants reignited a civil rights mobilization in the United States. Their efforts, like those of the black liberation movement of the ’60s, will certainly become a catalyst for progressive action from many communities. As southern Italian Americans, this Columbus Day we have to ask our community the age-old question — which side are we on? Unfortunately, many of us have chosen exactly which side we are on: supporting racist immigrant bashers, whether they are legislators in the halls of Congress or vigilante Minutemen. As progressive Italian Americans, we support new immigrants because of the simple fact that our folks were once in the same situation that newcomers find themselves in: overworked, exploited, and demonized for quick political gain. It’s time for the Italian American community to finally reclaim our social justice tradition, divorcing the dazed and confused explorer who discovered a country that was already inhabited. Instead of Columbus, we honor the Italians, Cubans, and Spaniards of Ybor City, Fla., who worked in the cigar industry and were able to create a Latin culture based on values such as working-class solidarity and internationalism (see “Lost and Found: The Italian American Radical Experience,” Monthly Review, vol. 57, no. 8). We also remember the Italian American radicals who were a part of labor actions in the early 1900s, including the Lawrence textile, Paterson silk, Mesabi Iron Range, and New York City Harbor strikes. This year, instead of conquest, we acknowledge those who stood up for justice. Everyone knows about Al Capone, but what about Mario Savio, a founder of the free speech movement in Berkeley in the ’60s? Most people can recite the names of Italian American singers such as Madonna and Frank Sinatra, but they don’t know Cammella Teoli, the 13-year-old southern Italian girl who appeared before Congress in 1912 to testify in her broken English about the horrible working conditions in America’s sweatshops. It’s not surprising that Italian Americans forgot those things. We faced a lot of discrimination when we arrived: two unionists, Nicola Sacco and Bartolomeo Vanzetti, were falsely accused of murder and executed. Italian Americans in the south were lynched by white supremacists. During World War II, thousands were relocated or jailed on suspicion of being enemy aliens. After the war, the anticommunist witch hunts began with the arrest and deportation of Italian American radical Carl Marzani. Today, Italian Americans don’t have to face these threats, yet those who immigrate from Central and South America, Asia, and the Middle East do. It is unlikely that Congress will pass any form of legislation reform this year, and many cities have instituted local statutes designed to run immigrants out of town. Minutemen and similar groups are harassing day laborers in the Bay Area and beyond. As Italian Americans, we call upon our paesani and paesane to remember our roots. Emboldened racists can be stopped — when those of us they claim to represent support the work of grassroots organizations of color bravely confronting these throwbacks. By divorcing Columbus, we start to break down the logic of conquest, which invariably leads to wars abroad and repression at home. SFBG Tommi Avicolli Mecca and James Tracy Tommi Avicolli Mecca and James Tracy are Italian American radicals who organize the annual “Dumping Columbus” reading. This year it’s Oct. 9, 7 p.m., City Lights, 261 Columbus, SF, featuring the legendary Diane DiPrima.

Compassionate crackdown

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By Steven T. Jones
Mayor Gavin Newsom has been flailing this year, so apparently he’s going back to what’s worked politically for him before: cracking down on the homeless. This week, he ordered police and other city staffers to place notices around Golden Gate Park warning the homeless to move on or have their stuff confiscated. His flack Peter Ragone yesterday bristled when I used the word “crackdown” and insisted that this was simply a social service outreach. “We will not ask a person to leave the park without offering then a place to go,” he told me. But when I pointed out that the city doesn’t have nearly enough social service or shelter spots for the hundreds of homeless in the park — and that the posted notices seem to be more of a threat than an offer — he said that he’d have to check with Trent Rhorer (the architect of the mayor’s get-tough homeless policies) and get back to me. He never did. Yet homeless advocates and civil rights groups (including the ACLU and Lawyers’ Committee for Civil Rights) sent the city a letter calling the crackdown illegal, unconstitutional, and counterproductive. (Download a copy of the letter here. Hit the back button to return to this blog entry.)

And it isn’t just happening in Golden Gate Park. As we’ve been hearing and the Chron reported today, city cops are also apparently rousting the poor and homeless from around the newly opened Westfield Mall. And this stuff certainly isn’t new, but more like the MO of this administration: act like you care deeply about the homeless while quieting forcing them from the city.
Compassion there too? When will Newsom, Ragone, and the rest of this disingenuous administration realize that their actions speak far louder than their words?

Redefining radicalism

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› news@sfbg.com The Ella Baker Center for Human Rights has a 10-year history — which it marked Sept. 14 with an anniversary gala in Oakland — of aggressive opposition to police abuse, racism, economic injustice, and the get-tough policies that have created record-high incarceration rates. Those problems have only gotten worse over the last decade, despite some significant successes by the group in both Oakland and San Francisco. But these days, founder and director Van Jones sounds more like a hopeful optimist than an angry radical. “When we first got started, our politics were more about opposition than proposition,” Jones told the Guardian. “We were more clear what we were against than what we were for.” An organization once prone to shutting down the halls of power with sit-ins is now working on prison reform legislation, doing antiviolence public education campaigns, and promoting the potential for a green economy to revitalize West Oakland and other low-income communities. “Now, I’m in a place where I want to see the prisoners and the prison guards both come home and get some healing,” Jones said. Some of that transformation comes from Jones’s evolving critique of progressive political tactics, which he has come to see as ineffective. “Our generation would be better if we had a little less New Left and a little more New Deal.” But the change was also triggered by a personal epiphany of sorts following his unsuccessful effort to stop the passage in 2000 of Proposition 21, which sent more minors into the adult correctional system. “I went into a major depression and I almost quit being an activist,” Jones, an attorney who turns 38 this month, told us. “It was a very personal journey, but it had a big impact on the Ella Baker Center.” The change has made allies of former enemies, like radio station KMEL, which was vilified for selling out the Bay Area hip-hop culture after Clear Channel Communications purchased the station, but which is now helping the Ella Baker Center spread its antiviolence message. The center has also attracted a new breed of employees to its ranks of 24 full-time staffers, people like communications director Ben Wyskida, who moved here from his Philadelphia communications firm last October. As he told us, “What drew me to the Ella Baker Center was this message of hope.” Jones has a critique of the problems and those in power that is as radical as ever, noting that authoritarians have taken power and essentially dismantled our democratic institutions. But he’s moved from diagnosis to prescription, telling us, “I think the ‘fuck Bush’ conversation is over.” His new approach hasn’t always gone over well with his would-be allies. Environmental groups including Greenaction boycotted Mayor Gavin Newsom’s photo-op posturing during World Environment Day last year, and they were critical of Jones for validating the event and using their absence to grab the media spotlight for his green economy initiatives. But Jones tells us he doesn’t get rattled by criticism that he’s playing nice with the powerful because he remains committed to helping the underclass. “The most important thing is to know who you’re for and know your history.” And if the group’s 10th anniversary black-tie celebration in the Oakland Rotunda was any indication, the Ella Baker Center has more support now than at any other time in its history. The guest list for the event was a veritable who’s who of every major political, grassroots, and environmental organization on the West Coast. Guests included Code Pink cofounder Jodie Evans, Mother Jones publisher Jay Harris, and actor-activist Danny Glover. “Radical means root — that’s what we have always been addressing,” Jones told us at the event. “We used to spend a lot of time pointing out the hurt in the community. Now we connect the points of hope.” To Jones, hope means tying the need to save the planet from global warming to the need for economic development in Oakland. “Let’s make it into job opportunities for poor people and build a green economy strong enough to lift us out of poverty. That’s hope. We want to take people out of the prison cells, into solar cells.” Jones’s allies see him as a silver-tongued visionary, a lighting rod who can bridge movements with apparently differing agendas. Activist Julia Butterfly Hill, a longtime friend and political ally of Jones, told us at the event, “Van shows he cares and he’s human, and he puts himself out there on the line. That’s why you saw this coming together. This is the voice, this is the conversation that the planet is literally dying for, and I really mean sick and dying for.” The evening, a spirited celebration of hope and achievement, gave influential friends a chance to size up where the group has been and where it’s headed. As Harris of Mother Jones told us, “Van is a big thinker. He really engages people’s imaginations in terms of what could be. There’s one way, which is to fight against the system. Van’s way is to reimagine the system.” There to bless the event, Glover warmly heaped his own praise on Jones by comparing him to the Civil Rights Movement worker who is the organization’s namesake. “When I think of Ella Baker and what she stood for, Van carries on that work, and I think that’s vital. We envision ourselves through the women and men that set a certain standard. Van sets a certain standard.” SFBG www.ellabakercenter.org

SF Badpublicity

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› gwschulz@sfbg.com
At a July 21 event recognizing the passage of one full year since the popular Castro bar the Pendulum closed, a group of about 25 concerned citizens, including several City Hall heavyweights, asked why embattled Pendulum owner Les Natali has done nothing with the space for so long.
Sup. Bevan Dufty, who represents the Castro, was nowhere to be seen.
The Pendulum was known in Dufty’s district as a popular spot for African American gay men, and rumors abounded as to why Natali was allowing it to sit empty. Natali, who owns at least $6 million worth of property around the city according to public records, had kept the bar open for over a year after he bought it in 2004, then abruptly shut it down.
Natali has since taken out numerous construction permits for the place, city records show. But progressive supervisors, including Tom Ammiano and Chris Daly along with board candidate Alix Rosenthal (who’s running against Dufty), all showed up for the small rally saying nothing was happening and they wanted to make sure there was somewhere in the Castro for gay black men to go.
Confusion about the status of the Pendulum has been replaced with speculation, due in part to an April 2005 city report that alleged that Natali discriminated against African Americans, Latinos, and women at his establishments, which include the Detour on Market Street and SF Badlands, located just across the street from the Pendulum at 4121 18th St.
At the time, Dufty waved the report and declared that he wouldn’t tolerate business establishments in his district that discriminated against any of their employees or patrons. So where is he now?
“At this point I have a larger objective: that I want to work with Mr. Natali and the broader community so that when the Pendulum reopens, it will be open to all,” Dufty said in a phone interview with the Guardian. “Sometimes I work behind the scenes and sometimes I work out in front,” he responded when asked about his silence on the Pendulum issue. “This time I worked behind the scenes.”
But Calvin Gipson, a past president of the SF Pride Parade Committee and a self-described close friend of Dufty’s, says he doesn’t know how Dufty intends to handle the political powder keg that is Les Natali or how the Castro can again create a new home for gay black men.
“Bevan confuses me,” Gipson said. “He says all of the right things, but he has not put forth a plan.”
The controversy, for its part, has clearly left a fissure in the community.
In the summer of 2004, customers and former employees of other Natali-owned Castro bars alleged to the San Francisco Human Rights Commission that the proprietor systematically attempted to screen out African Americans, Latinos, and women from his venues.
The HRC conducted an investigation and eventually issued a report summarizing the complaints and finding that Badlands had indeed violated the city’s antidiscrimination ordinances. Some Natali critics accepted the report as gospel and declared that it made official rumors about the club impresario that had persisted for years. Dufty and the complainants from Badlands, who eventually formed a group called And Castro for All, demanded that the place be shut down by city and state officials.
The report, however, was technically preliminary, as the HRC now sees it, and the agency chose not to issue its “final determination” after the complainants later worked out a settlement with Natali, according to a letter from HRC director Virginia Harmon obtained by the Guardian last week.
Natali sued the HRC last month to have its findings voided, and that’s what the legalese in Harmon’s July 21 letter appears to attempt to do — without establishing that the claims made in the report are patently untrue.
“The April 26, 2005, finding is no longer operative and does not represent a final legal determination of the HRC director or the commission,” the letter states.
After interviewing several customers and former Badlands and Detour employees, the HRC originally found that Natali’s bars required multiple IDs from some African American customers, selectively applied a dress code, and generally discouraged “non-Badlands customers” — what the complainants insisted meant black folks — from patronizing the bars. According to the report, Natali prohibited VJs from playing hip-hop and mostly hired only “cute, young, white guys.”
Natali eventually asked that the HRC reconsider its findings, which it did. He responded to the allegations by stating that he didn’t want his bars to air music that promoted drug use, violence, or homophobia, and he charged that the claims against him were either outdated or leveled by embittered former employees.
An attorney who helped Natali formulate the response, Stephen Goldstein, said the HRC’s investigation was “superficial and already headed toward a foregone conclusion.”
“They had a certain agenda they wanted to substantiate…. They could have had a more careful study of the events, which didn’t add up to much,” Goldstein said. He said Natali wasn’t given a chance to have his case “aired and tried.” Attempts to reach Natali through his attorneys failed.
Instead of issuing a “final determination,” which would have included an account of Natali’s retort, the HRC encouraged the parties to go into the mediation that eventually led to a settlement. The settlement allowed the HRC to avoid issuing a final conclusion.
After the release of the HRC’s early finding, meanwhile, Dufty had called for Badlands to be shut down and urged the Alcoholic Beverage Commission to take into account the report before determining whether Natali would receive a liquor license transfer for the Pendulum.
After a months-long investigation that included state officials going into Badlands undercover, the ABC chose not to punish Natali.
“After reviewing all the findings of its investigation and the HRC report, the ABC has determined there is not enough evidence to support a license denial in an administrative proceeding,” the agency announced last year.
Nonetheless, queer progressive activists and organizers from the National Black Justice Coalition held protests outside Badlands every week for about four months last summer. After the January settlement, according to local LGBT paper Bay Area Reporter, the parties agreed not to discuss any of the terms publicly, but they did announce to the press that all grievances were handled.
The settlement’s undisclosed terms have obviously left unanswered questions, however, because Natali’s lawsuit against the HRC appeared to reopen wounds and startle nearly everyone. The settlement had presumably meant the complaints were withdrawn, but the HRC had initially denied a request by Natali in April 2005, around the time the report was released, to reconsider its own findings, Natali’s suit insists.
“It just seemed like everything had been put at rest and now it’s all being dredged up again,” said longtime queer activist Tommi Avicolli Mecca, who went to last summer’s protests. “It just seemed so strange for someone who was trying to put all this behind him.”
Natali’s suit declared he’d been “falsely labeled a racist by San Francisco’s official civil rights agency” and essentially asked that the report’s findings be very clearly and publicly deleted.
But the still-empty Pendulum has allowed criticism of Natali to continue. Another Natali-owned space called the Patio Café has been closed now for years.
“The tone [of the July 21 rally] was that people don’t trust Les Natali, nor do they feel that he has the best interests of the community in mind,” Gipson said. “Being that the Patio has been closed for that long, it’s difficult to trust that Pendulum will be open soon, and it’s difficult to trust that it will be a welcoming place for African Americans.” SFBG
Editor’s note: Alix Rosenthal is the domestic partner of Guardian city editor Steven T. Jones. Jones did not participate in the assigning, writing, or editing of this story.

Flame on

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› kimberly@sfbg.com
SONIC REDUCER To the naked eye — and deep-fried, extra-crispy spirit — working fast food is a lot like what the Flaming Lips call the “sound of failure” on their latest album, At War with the Mystics (Warner Bros). It’s the worst of times … and the worst of times. And I can feel the pain — I once broke my back and suffered hypothermia of the right hand for Häagen-Dazs.
That’s probably why I found it so poignant when, in the recent Lips doc by SF filmmaker Bradley Beesley, The Fearless Freaks, Wayne Coyne went back to the Long John Silver, the spot where he’d donned a ludicrous pirate getup and tossed salted bits of seafood as a fry cook for more than a decade. And it was inspiring — because Coyne, now 45, is so shameless and proud about his contributions to our fast food nation. “I think that kind of mindless manual labor really does save the world in a way because you’re just busy doing stuff,” he told me over the phone from his Oklahoma City home in April. “Being busy keeps you out of trouble — keeps you away from too much existential doubt.”
Who’d’ve thunk that grease monkey in the plumed hat would become the blood-spattered, bubble-riding, balloon-shoving ringleader to a Flaming Lips nation? Certainly not me when I caught their brave but somewhat ineffective Walkman experiment at the Fillmore in ’99, during their Music Against Brain Degeneration/Soft Bulletin tour. Tuning into the selected radio channel, I could barely hear anything of the show through the flimsy headsets. But I guess word spread because the scene at this year’s Noise Pop opening show with the Lips was beyond standing room.
The opening moments of the show were worth it — the band tore into the stirring, trebly melody of “Race for the Prize,” Coyne whipped a lit-up sling around his head, smoke poured off the stage, and Santa-suited techs threw far too many balloons into the sold-out crowd. The punks had taken acid, to paraphrase the title of the 2002 Lips compilation, and it was a genuine spectacle, replete with darkness (in the form of Coyne’s monologues critiquing the Bush administration) and light (the cute animal costumes) and sing-alongs to Queen’s seemingly uncoverable “Bohemian Rhapsody.” The key to regime change lay with each individual, declared pop philosopher Coyne, suggesting that his audience make it “popular to be gay, smoke pot, and have abortions” throughout the country, not just in San Francisco.
“Maybe I’m a fool, maybe I’m embarrassing, maybe it’s humiliating, but at least it opens it up to say, ‘Well, you speak your mind,’” Coyne said later. “In San Francisco, you guys don’t grapple with the same problems that you would in Oklahoma City. Oklahoma City doesn’t have a tolerance of smoking pot, and gay people are on the verge of having all their rights taken away. You almost wonder, will people at some point try to reverse the civil rights movement.”
Speaking about the Lips’ 1983 inception, Coyne told Staring at Sound biographer Jim DeRogatis that “he’d like to be in a band like the Grateful Dead, throw big parties with people coming to them and having a great time.” DeRogatis said, “[Coyne] also said, ‘We’d like to be different; we’d like to still make records that don’t suck.’ They have elements of a jam band following, they have people from the indie rock ’80s. They have people who’ve discovered them in the alternative era. They have new Gen Y fans that downloaded The Soft Bulletin and think it’s incredible. Their audience is all over the map — they don’t fit into any demographic in terms of the way that corporations are slicing up the audience.”
The trick, said Coyne, is to never get too comfortable. “We always force ourselves to do something new, even if we’re not comfortable with it. I don’t think we really have any agenda other than to freak ourselves out.”
Ushered in with The Fearless Freaks; 20 Years of Weird: the Flaming Lips 1986–2006 (a collection of live recordings and oddities), their current tour, the DeRogatis book, the Fearless Freaks documentary, and next year with luck Christmas on Mars (Coyne’s feature film debut as a director), At War turns out to be, indeed, a war album, questioning uses and abuses of power with the opening track, “The Yeah Yeah Yeah Song.”
But that’s not to say Coyne shies away from the band’s evangelical tendencies. “We’re using drama and music and sort of heightening the whole experience to be somewhat of a religious experience,” he explains. “I think all good rock ’n’ roll has that. But hopefully the agenda is that you, as an individual, at the end of the day, decide what’s great about your life instead of looking to some rulebook or some invisible force up in space somewhere. Music is just one part of it, and at the end of the day, to me, it’s dumb entertainment.” Aye, aye, matey? SFBG
FLAMING LIPS
With Ween and the Go! Team
Sat/22, 6:30 p.m.
Greek Theatre, UC Berkeley, Berk.
$41.50
www.ticketmaster.com
SAY WHAT?
ROOTS OF OCHIS
Get down with these pulsating Northern Cali indie darlings. Just do it. No questions. Wed/19, 9:30 p.m., Hemlock Tavern, 1131 Polk, SF. $7. (415) 923-0923.
PAPERCUTS
The lovely Bay Area indie rockers’ album is coming out on Devendra Banhart and Andy Cabic’s label, Gnomensong. Thurs/20, 9 p.m., Café du Nord, 2170 Market, SF. $7. (415) 861-5016.
RACONTEURS AND KELLEY STOLTZ
Midwestern rock supergroupies meet the Detroit native–SF vinyl diehard (who was pals with Brendan Benson back in the day). Sat/22–Sun/23, 8 p.m., Warfield, 982 Market, SF. $29.50–$37.50. (415) 775-7722.
MINDERS
Enter It’s a Bright Guilty World (Future Farmer); then enter the dragon. The Kingdom and Junior Panthers also perform. Sun/23, 9 p.m., Bottom of the Hill, 1233 17th St., SF. $8–$10. (415) 621-4455.
MAVIS STAPLES
Legendary gospel-soul sister communes with the eucalyptus. Sun/23, 2 p.m., Stern Grove, SF. Free. sterngrove.org.

Panic mode

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› gwschulz@sfbg.com
If a gay man ever attempted to argue that he was forced to kill a straight woman because he feared she would make a pass at him, the judge, the jury, and the press would probably laugh him out of court.
But in at least a handful of cases across the country, criminal defendants recently have attempted to convince juries that they temporarily endured insanity after discovering their murder victims were lesbian, gay, bisexual, or transgender. It’s known as the “gay panic” courtroom strategy, and one man secured an acquittal in 2003 based on that tactic after he killed a gay Fulton County prosecutor in Atlanta.
Closer to home, four Bay Area murder suspects argued that they killed a transgender woman named Gwen Araujo in 2002 during bouts of insanity after discovering Araujo was a man who identified herself as a woman. One man charged with the murder accepted an early plea arrangement, while a second received a lesser sentence for revealing the location of Araujo’s body. In January, the remaining defendants were given sentences of 15 years to life. Nonetheless, attempts by her killers to secure reduced sentences by employing the strategy put Araujo’s own gender identity on trial.
“The arguments were coming out so vociferously when this seemed to be an open-and-shut case,” Chris Daley, director of the SF-based Transgender Law Center, told the Guardian. “I guess I was a little shocked this was happening in the Bay Area.”
While the “trans panic” defense ultimately failed to persuade a jury during the sentencing phase in the case of Araujo, the strategy’s startling success elsewhere reveals the truly daunting challenges queer activists continue to face despite what plenty of Americans believe is a widespread contemporary acceptance of LGBT rights.
Inspired by the discussion that followed the Atlanta case, San Francisco District Attorney Kamala Harris has organized a conference for July 20–21 to discuss the so-called panic defense. She’s invited a cross section of experts to speak, including Chris Lamiero, lead prosecutor in the Araujo case; civil rights attorney Gloria Allred; Dave O’Malley, a lead investigator in the Matthew Shepard case; and San Francisco police commissioner Theresa Sparks.
The private conference will be held at Hastings College of the Law beginning each day at 9 a.m. But a town hall meeting July 20 at 6:30 p.m. will be free and open to the public at the LGBT Center, 1800 Market.
Harris also invited to the conference two of the defense lawyers from the Araujo case, William Du Bois and Michael Thorman, a fact that might create a bit of tension in the room. But Harris isn’t worried.
“That’s why we’re doing this conference — to attack and discredit prejudice,” Harris told us. “It’s a matter of appealing to the biases of juries. What’s offensive about that is it justifies the existence of these prejudices.”
The conference comes on the heels of proposed state legislation authored by Assemblymember Sally Lieber (D–San Jose) that would revise jury instructions in an attempt to limit the effectiveness of gay panic defenses. The bill, AB 1160, has passed the Assembly and is now waiting in the Senate Appropriations Committee.
It’s going to be tough to fully bar defense lawyers from raising issues at a trial, and jury instructions alone may not erase the damage done by a lawyer throwing gay panic around the courtroom. But just raising national consciousness about the problem could have a significant impact.
Harris said her other motivation for forming the conference is the still-high rate of hate crimes in San Francisco.
“We have the second largest number of hate crimes in the state,” she said. “It felt like the time to do this.” SFBG

Why is Asa Sullivan dead?

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> gwschulz@sfbg.com

Kahlil Sullivan hasn’t had time to do much lately other than plan for his younger brother’s funeral. He hasn’t even had time to find out exactly why his brother is dead.
“We feel like we’re lost,” he said over the phone a week after his cornered and unarmed brother was shot and killed by the San Francisco Police Department.
The cops have offered two stories as to why officers fired a still-undisclosed number of bullets into the body of Asa Sullivan on June 6. And neither one seems to make much sense or explain why they shot Sullivan.
Meanwhile, the family hasn’t been offered a dime for burial expenses from the Victim Services Division of the District Attorney’s Office. The state won’t spend money to help the families of former felons, but there’s local money available too. That’s off-limits, it turns out, because the SFPD hasn’t classified Sullivan’s death as an “unlawful killing,” according to the DA’s office.
Sullivan’s mother, Kathleen Espinosa, even told us on the day of his funeral, June 15, that the department did not provide a liaison to the family, as the Office of Citizen Complaints two years ago recommended the SFPD do for the families of officer-involved shooting victims.
In fact, Espinosa hasn’t heard a word from the department. Everything she knows has come largely from two stories in the San Francisco Chronicle.
Espinosa, a short, relentlessly cheerful woman with chestnut hair, held a smile throughout her son’s funeral while hugging Sullivan’s tearful young friends. She said any new information from the department right now hardly matters.
“Let them get their story straight first before they come to me,” she said. “I don’t want another wrong story.”
According to early reports, Sullivan and his friend, 25-year-old Jason Martin, were staying with two tenants at a Villas Parkmerced townhouse, part of a 3,200-unit complex close to the San Francisco State University campus. Sullivan had been in some trouble in the past; his criminal record included an armed robbery, and he was on probation for selling pot. But he’d secured a job at Goodwill and had a six-year-old son to look after.
Martin and Sullivan were helping to clean up the townhouse so their friends could receive their security deposit when they moved out. The tenants were being evicted for not paying rent, but a Parkmerced official told the media that the tenants were still legally living there.
The cops said a neighbor called the police, believing the unit had been taken over by nonresidents. Police Chief Heather Fong insisted in press statements that the complex was having problems with squatters. But Parkmerced public policy director Bert Polacci told the Guardian that the complex had no such problems. If the cops had called him, he might have cleared up the residency status of the occupants of 2 Garces Drive.
When Officers Michelle Alvis and John Keesor arrived, they immediately detained Martin, in response to the neighbor’s complaint. Sullivan, who feared going to jail for a probation violation, fled to a two-and-a-half-foot-high attic space.
The officers attempted to talk him down with Martin’s help but eventually went into the attic. Martin later insisted, according to Espinosa, that he told the officers Sullivan was unarmed before they went after him.
The way the cops tell it, Sullivan — who would have been unable to stand up in the tiny space — took a combative stance from inside the attic, and the officers believed he had aimed a gun at them.
The department first reported that Sullivan had shot at the officers through the attic floor. Further, the cops reported that Sullivan’s gun was found at the scene. The truth is, all they found was the case to a pair of eyeglasses.
SFPD spokesperson Neville Gittens told us only that the first story was based on “secondhand information” and “witness statements.”
The official story changed several hours after the department offered its first explanation of what happened. According to Gittens, Keesor fired first, and a ricochet nicked his partner’s ear, “perhaps” causing her to fire as well. When the smoke cleared, Sullivan was dead. No gun was ever found.
“They got flashlights,” Sullivan’s brother Kahlil exclaimed. “Can’t they see his hands? Why didn’t they ask him questions first? We may never know the truth.”
One of the two officers had their flashlights on, Gittens said, but he couldn’t confirm whether the illumination was enough to identify exactly what was in Sullivan’s hand. Gittens told the Guardian that Fong has not yet made a decision about whether to return the officers to regular duty.
Gittens initially refused on June 9 to release the names of the officers involved to the Guardian, but the day after we asked for them, they appeared in the Chronicle. And the department has not yet responded to a Guardian request for documents associated with the shooting.
In 2004, the police commission voted unanimously to conditionally require the disclosure of incident reports to the families of officer-involved shooting victims as swiftly as possible. That change, and the request that the SFPD provide a liaison to the family, were inspired by the death of Cammerin Boyd, who was shot and killed in the spring of 2004 by SFPD officers following a car chase.
But during several subsequent commission meetings, the recommendations disappeared into the ether. And it’s not the first time that proposed reforms were simply ignored by the SFPD, a fact commission vice president Theresa Sparks readily admits.
“I was a little surprised the chief released the names as fast as she did,” Sparks told us.
Sparks nonetheless said that she is still troubled by the so-far inconsistent stories the department has offered to the public and the commission.
“The first story that came out was totally incorrect, [and] the chief could not tell us why the story changed,” Sparks said. “It’s criminal that these families sit there with no specific knowledge about what happened.”
Sullivan’s funeral was attended by his siblings — Kahlil, brother Sangh, and sisters T-sha Sullivan and Tasha Mosby-Greer — and a capacity crowd of Asa’s friends and other family, all in Duggan’s Funeral Home, right across from the Mission Police Station.
Born on Sept. 8, 1980, Asa grew up in San Francisco and attended Bay Area schools. Friends remembered his playful sense of humor. For a time recently, he stayed with his mom while working at Goodwill, commuting from San Jose at 5 a.m. and returning late.
“He made everybody laugh,” Espinosa said. “He didn’t deserve to be cornered in an attic and gunned down.”
The family has contacted Oakland civil rights attorney John Burris, who told the Guardian that during his handling of hundreds of officer-misconduct cases, he’s seen families victimized by police denied documents, explanations, and the truth.
“If there’s one thing I’ve found, it’s police agencies do a disservice to the victim’s family when they don’t provide information,” Burris said. “When the families ask questions, they don’t respond.” SFBG

San Francisco Black Film Festival

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REVIEW Other local fests may grab more attention, but the ever-growing San Francisco Black Film Festival, now in its eighth year, is well worth seeking out for its consistently strong and diverse programming. The opening night film, Son of Man, sets the story of Jesus Christ in modern South Africa; other narratives (features and shorts) in the fest explore family ties, romance, and social issues. However, SFBFF’s most fascinating entries come in the form of its many documentaries, which take on everything from the origins of AIDS to maverick filmmaker Melvin Van Peebles whose cinematic portrait bears the fest’s wittiest title, How to Eat Your Watermelon in White Company (And Enjoy It). Micah Schaffer’s moving, insightful Death of Two Sons explores the eerily parallel lives of Amadou Diallo the unarmed Guinean immigrant gunned down in 1999 by trigger-happy NYPD officers while innocently reaching for his wallet and a white American Peace Corps volunteer stationed in Diallo’s home village. The aftermaths of both men’s deaths (Diallo’s killers were acquitted; the African cabdriver who caused the fatal crash served jail time) speak troubling volumes about race-relations-as-international-relations. Another well-made doc that spins an often infuriating tale is The Untold Story of Emmett Louis Till, which mixes vintage footage with contemporary interviews in its detailed look at the 1955 murder that’s credited with launching the modern civil rights movement. (Cheryl Eddy)

SAN FRANCISCO BLACK FILM FESTIVAL June 6–11

See Film Listings (below) for additional information

Pombo on the issues

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To say that Richard Pombo is an environmental skeptic is putting it mildly. When asked if Pombo accepted the worldwide scientific consensus that global warming is a fact, his spokesperson, Wayne Johnson, shilly-shallied. "What I have heard him say is the jury is still out," Johnson cautiously ventured. "For those absolutely convinced, I would not put him in that category."

Pombo entered Congress determined to "reform" the Endangered Species Act and other tree-hugging depredations on the rights of private property owners. Before arriving in Washington, he cowrote a book titled This Land Is Our Land: How to End the War on Private Property, in which he declared that he’d become politically active after a skirmish with the East Bay Regional Park District about the creation of a public right-of-way through his property. He later switched his story to say that his family’s property values had been hurt when their land was designated a San Joaquin kit fox critical habitat.

Both claims were entirely without merit. But Pombo is not one to let the facts get in the way.

Pombo says the ESA, which is widely regarded as one of the more successful pieces of environmental legislation ever, is a failure. Pombo’s “reforms,” however, recently ran into a brick wall in the Senate. If passed, the reforms would have removed the concept of critical habitat from the ESA, which means that a threatened species would have been protected, but its home territory would not have received such protection.

Pombo has hit numerous other environmental high points. Among them was his idea to allow ham radio operators to erect antennae on the Farallones Islands. He proposed selling 15 sites within the national parks as a way of raising money for energy development. He was one of the original sponsors of the legislation to allow drilling on Alaska’s north slope.

And the 11th Congressional District representative has taken interesting stands on all sorts of other issues, from civil rights to drugs to gun control to gay rights. Because he has such a wide range of conservative interests, a short list of his Congressional voting record will suffice.

Pombo has opposed stem cell research, supports banning “partial birth” abortion, and has a 0 percent rating from NARAL, the pro-choice group. He voted for the constitutional ban on same-sex marriage and against allowing gay adoption in Washington, DC.

He has voted in favor of making the PATRIOT Act permanent and supports a constitutional amendment to oppose flag burning and desecration. He supports more prisons, the death penalty, and more cops. He voted to prohibit medical marijuana and HIV-prevention needle exchange, in Washington, DC.

Pombo has a 97 percent approval rating from the US Chamber of Commerce. He opposes gun control and product-misuse lawsuits against gun manufacturers. He got an A-plus rating from the National Rifle Association.

For a more in-depth appreciation of Richard Pombo’s politics, go to www.ontheissues.org/CA/Richard-Pombo.htm, which gives him a 70 percent hard-right conservative rating. (Tim Kingston)

Research assistance by Erica Holt

Pombo on the issues

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To say that Richard Pombo is an environmental skeptic is putting it mildly. Asked if Pombo accepted the worldwide scientific consensus that global warming is a fact, his spokesperson, Wayne Johnson, shilly-shallied. “What I have heard him say is the jury is still out,” Johnson cautiously ventured. “For those absolutely convinced, I would not put him in that category.”
Pombo entered Congress determined to “reform” the Engendered Species Act and other tree-hugging depredations on the rights of private property owners, and while he concentrated on that law, he has put his stamp on a host of other issues, from gay rights to gun control.  

Before he ran for Congress, Pombo co-wrote a book entitled This Land is Our Land: How to End the War on Private Property. Part of his book declared that he become active politically after a skirmish with the East Bay Regional Park district about the creation of a public right of way through his property. He later switched his story to say his family’s property values were hurt when family land was designated a San Joaquin Kit Fox critical habitat. Both claims were without merit.

Pombo says the ESA, which is widely regarded as one of the more successful pieces of environmental legislation ever, is a failure. Pombo’s “reforms,” however, recently ran into a brick wall in the Senate. If passed, they would have removed the concept of critical habitat from the ESA – meaning a species would be protected, but its home territory would not. The legislation called for a two-year recovery plan, but the recovery plan would have been voluntary rather than mandatory.

While this approach has resonated with many voters in the 11th district who agree that the ESA goes too far, it has local and national environmentalists screaming. It’s also upset his opponent, Pete McCloskey, who was involved in writing the original law.

Pombo has hit a number of other environmental high points during his tenure. Among them was his idea to allow ham radio operators to erect antennas on the Farallones Islands. He wants to lift the ban on off shore oil drilling. He has read a pro-whaling resolution into the Congressional Record. He has proposed selling off 15 sites within the national parks as a way of raising money for energy development (a proposal that advances Rep. Nancy Pelosi’s Presidio privatization to a new level). He was one of the original sponsors of the legislation to allow drilling on Alaska’s north slope. And last but not least, wants to put a freeway over Mt. Hamilton in San Joaquin County.

Pombo also voted twice to protect MTBE manufacturers from being sued for environmental damage. MTBE helps engines burn cleaner, but has also been found to contaminate water supplies in California, necessitating huge clean-up costs. Why would Pombo vote to indemnify such manufacturers? Well, several of the companies are based on Tom Delay’s district in Texas.

But the 11th district representative has taken interesting stands on all sort of other issues, from civil rights to drugs to gun control to gay rights. Because there are so many, a short list of his congressional voting record will suffice.

Pombo has opposed stem-cell research, supports banning “partial birth” abortion, and has a 0% rating from NARAL the pro-choice group. He voted for the constitutional ban on same-sex marriage and against allowing gay adoption in Washington D.C.

He has voted in favor making the PATRIOT Act permanent, and supports a constitutional amendment to ban flag burning and desecration. He supports more prisons, the death penalty and more cops. Pombo wants to prohibit medical marijuana and HIV-prevention needle exchange. He sponsored legislation that would require universities to allow military recruiters on campus, but he opposed a bill that would have boosted veteran-affairs spending by $53 million. He opposes gun control and opposes product-misuse lawsuits against gun manufacturers.

In 2003 Pombo got a 97 percent approval rating from the U.S. Chamber of Commerce. He also got an A-plus rating from the National Rifle Association and a 92 percent rating from the Christian Coalition in 2003.
For a more in depth appreciation of Richard Pombo’s politics, check out On The Issues at www. ontheissues.org/CA/Richard-Pombo.htm, which gives him a 70% hard right conservative rating.

Research Assistance by Erica Holt

28 years later

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If you live in or truly love San Francisco, you’ve seen The Times of Harvey Milk. Rob Epstein’s 1984 movie is one of the best nonfiction features ever made. It’s also one of the greatest movies about this city. Only time will tell whether Stanley Nelson’s new documentary, Jonestown: The Life and Death of Peoples Temple, is a work of similar importance, but the fact that I’m even mentioning it in the same context as Epstein’s movie says something about the reserved precision of its journalistic reasoning and the overwhelming emotional force of its finale.

Of course, there is another reason to connect Jonestown and The Times of Harvey Milk. The murder of Supervisor Milk and Mayor George Moscone by Dan White took place 10 days after the deaths of Jim Jones, Congressman Leo Ryan, and more than 900 members of Jones’s Peoples Temple in Jonestown, Guyana, on November 18, 1978. One tragedy claimed the life of a man who was already a civil rights hero, while the other led mainstream media and true crime sources to portray a human being as a monster. Just as Epstein’s movie profoundly humanizes Milk, Nelson’s movie digs beneath stereotypes of pure evil to reveal a different Jones than the one used to sell quickie television and paperback biographies.

Twenty-eight years later, the tragedy in Guyana and the Milk-Moscone murders still have an effect on San Francisco politics: In very different ways, they represent the death of progressive, district-based local activism and its afterlife. (Garrett Scott, codirector of the superb documentaries Cul de Sac: A Suburban War Story and Occupation: Dreamland, was in the early stages of making a movie about the two events and their relationship to SF politics when he died earlier this year.) It seemed appropriate to have New York native Nelson discuss his movie with a contemporary political figure whose knowledge of local history runs deep. On the eve of Jonestown’s screenings at this year’s San Francisco International Film Festival, former San Francisco mayoral candidate Matt Gonzalez agreed to interview Nelson about the roads leading to the cataclysmic events of 1978 and the roads leading away from it.

MATT GONZALEZ I want to start by saying I had a typical impression of Jim Jones as a cult leader whose message was a hustle to get people into his church so he could take advantage of them when they were vulnerable. The thing that jumped out immediately to me in this film was that the fundamental part of his message throughout his ministry was this idea of racial integration and equality. The main component was there at the beginning, and in a place like Indiana, when Indianapolis was a Ku Klux Klan stronghold. It made me rethink and see him as someone who exhibited a certain genuineness and courage at that time.

Did that surprise you about him?

STANLEY NELSON The depth of his commitment surprised me. During one of the anniversaries of the deaths in Guyana, I heard some Peoples Temple members talking about it on [the radio]. I started thinking, “This involved over 900 people all these people weren’t crazy. So what was it that drove them to the church?”

Research made me realize that there was something much deeper going on and that this was a real political movement for a lot of the time the church was in existence.

MG Jones had been a member of a human rights commission out in Indiana. That also underscores a very self-conscious relationship between his church and what was happening in society.

SN Yes. [In the film] there’s that incredible audiotape when he’s giving his own history, where he talks about how his father didn’t want to let a black kid in his house. Jim Jones says, “I won’t come in either,” and he doesn’t see his father for years after that.

I don’t think it was a hustle at all, I think it was something he truly did believe in. Jim Jones was a very complicated individual. Everybody’s complicated there are no simple people but Jim Jones was much more complicated than most of us.

MG How hard was it to find folks in Indiana who knew Jones?

SN It was hard. But Lynn [Jones’s hometown] was very small, and we were able to find one person who could lead us to others. One thing that’s amazing when you do research is that you can go to high schools and grade schools, and they still have yearbooks. You find people’s names, use the phone book, and just start calling.

MG Over time, Peoples Temple gets a financial foundation because its members give their property to Jones. He’s then able to set up communal living arrangements. But when he’s in Indiana, if I’m to understand correctly, he’s selling monkeys door to door or something like that.

Was his message about communal living a part of the hustle, or do you think that was also a belief that he genuinely held?

SN I think he genuinely believed it. That component really came out of Ukiah, in Redwood Valley, where they [Peoples Temple] had this farm. People actually did travel with him from Indiana [in 1965], so how were they going to live when they’d sold their houses? They could live communally.

One thing that I found fascinating is that the older people who lived in these communal houses got better treatment than they ever could have gotten from the state or welfare or Social Security, because not only were they housed and fed, they were also loved. All of a sudden they had this family the old people were revered in Peoples Temple.

MG Would you say those two components racial integration and property held in common were the cornerstone of his preaching?

SN I think they were a big part, but it was also more than just racial integration. There was a sense that “we have this power that none of us has as individuals.” This was a time when a lot of people were smoking dope and dropping out, but Peoples Temple members were active. They saw themselves as activists; they saw themselves changing the world with the church as a tool.

MG In 1971 Richard Hongisto was elected sheriff of San Francisco, and it was a very liberal campaign. [George] Moscone was elected mayor in ’75, and we know Peoples Temple played a part in that. Hongisto’s election was an early sign of growing liberal strength in San Francisco, enough so that you can look at the Moscone victory and not simply say, “Peoples Temple caused this to happen.” But there’s no question given how close the election was that they played a major role. How do you see their political impact then?

SN Peoples Temple was part of the mainstream politics of the Bay Area. I’m from New York. I had no idea that Jim Jones was head of the Housing Commission in San Francisco or that politicians came to Peoples Temple events and gave incredible speeches praising Jim Jones. That was something I discovered while making the film.

It’s part of the history of Peoples Temple, but it was also like a birthday caketimes-12 to the politicians. The politicians didn’t look too far behind this gift horse, because [Peoples Temple] was highly organized. People did what Jim Jones said. At one point they had 13 buses. They’d fill up the buses and

MG a politician could have an instant press conference.

SN Just one phone call and Jim Jones could come with buses. You’d have 500 people at your march.

MG Do you get a sense that what happened in Jonestown reverberates politically today? The players then aren’t necessarily in politics. Jackie Speier still is, but Moscone, Willie Brown, and others are not holding political office. Still, do you see any aftereffects?

SN I’m not sure on a local level, but one thing I think it did was help kill the idea of communes in this country [at a time] when there was a strong movement saying, “Let’s live together; let’s live on the land; let’s pool our resources.” All of a sudden that was associated with “look at what happened in Guyana.”

MG As I understand it, there are about five survivors who were there when the massacre took place.

SN There were about five people actually there [who survived], and of those, there are, to my knowledge, three left alive. Two of them are in the film.

MG People closely associated with Peoples Temple spoke to you and revealed some, I would think, very difficult, personal stories about sexual assault or the use of authority to express dominance. Was it difficult to get people to talk honestly?

SN It was surprisingly easy for us to get people to talk honestly. Time has passed. Partly because of a play [Berkeley Rep’s The People’s Temple] that was produced here in the Bay Area, I think people understood that maybe we were ready to hear a different version of the story that was much deeper.

MG In the film you see that Jones is abusing prescription drugs and probably has a mounting paranoia that’s associated with some mental condition. Is there a sense that he changed while he was in San Francisco, or was Peoples Temple headed toward this sort of cultlike finality from its inception?

SN We interviewed people who knew Jim Jones when he was a kid, and they talk about the fact that he was not normal even as a six- or seven-year-old boy. But I think that his behavior did get more extreme as time went on. He had this incredible power within the church, and he was this warped individual, and the combination affected his behavior. In the end, when they [Peoples Temple members] are isolated in the jungle, that’s [a reflection of] who he is.

MG Tell me about the wealth of material you have. There is film footage of a healing that is rather dramatic and recordings of his various sermons.

SN Going in, I had no idea that there was so much film footage. But we found a guy in LA who had shot in Peoples Temple over two days using three cameras and 16-millimeter film and had lit the whole church. His footage is just incredibly beautiful. The healing service, Jim Jones preaching, and the congregation singing and dancing are all part of that. He’d sold off bits and pieces to places like NBC, but we came along at a time when he felt that the film he wanted to make would never get made, so he agreed to sell us some footage.

We found members of Peoples Temple who had footage that had never been seen before. There are actually shots from the plane of them going down [to Guyana] you can hear Jim Jones describing what he’s going to do and shots of Jones cutting through the jungle with machetes.

Also, we were working very closely with the California Historical Society library, which has a Peoples Temple collection.

MG There was a recent book [Dear People: Remembering Jonestown] that compiled some of that material.

SN Also, Jim Jones recorded himself and his sermons at Peoples Temple. They actually audio-recorded the night of the suicides. As the people are dying, Jim Jones is encouraging them to drink the poison. There are audiotapes of the children and the women and men screaming and dying.

MG As a filmmaker going into a project like this, are you trying to present the truth? Are you trying to present an alternative reading of what happened? Are you trying to warn people?

SN I’m not trying to warn people or tell an alternative history, although obviously what we did turns out to be an alternative history. I was just trying to tell this incredible story and tell it with as much honesty as I can. Everybody in the film had a part to play in Peoples Temple. We really wanted it to be a film told in the voices of the people who lived through it.

MG In my notes I have a reference to the various CIA-related theories [about what happened in Guyana]. You don’t pick that up in the film, and I wonder if you might say something about that.

SN There are different theories that Jim Jones was a CIA agent and this was all a scary mind-control experiment. You know, we found nothing to back that up, and it just didn’t make sense for us to go down that road.

MG As I understand it, a lot of these theories stem from [the fact] that the government withheld documents related to Jonestown. I guess Congressman [Leo] Ryan had a bill pending, the Hughes-Ryan amendment, that would have required that CIA covert operations be disclosed to Congress before those operations could be engaged in. You didn’t find anything related to that?

SN No, we didn’t find any hard evidence. I’m trying to operate as a filmmaker and also as a journalist.

MG So you had access to material

SN and we just didn’t find it [evidence].

MG I’d be interested in seeing what the original accounts were like in the local press in San Francisco during the time of Guyana and the Milk-Moscone murders. There was probably a sense of how Moscone’s opponents might use his ties to the Peoples Temple for political purposes.

SN One reason for the article in [the magazine] New West that first exposed Jim Jones and called for an investigation of Peoples Temple was to discredit Moscone. Part of the media follow-up was that “here is someone that Moscone supported.” So that was already happening around a year before the deaths in Guyana.

MG There are folks who find objectionable the idea of referring to the deaths as mass suicides. Did you reach a conclusion about that?

SN The film has no narration, so we didn’t refer to that other than in a title card at the end that I think calls it the largest mass murder-suicide in history. It’s impossible to say exactly what went on that day, but it is very clear that the kids something like 250 people who were under 18 were all murdered.

It was something we struggled with: “What do we call it: suicide or murder?” I think by the end of the film you feel that it’s kind of both at the same time.

MG If Jim Jones had died in Guyana prior to Ryan’s visit, is your sense in talking to the survivors or those associated with the church that this is a project that would have sustained itself?

SN I just don’t know.

MG You don’t want to engage in a bit of speculative history?

SN I think they had a real problem in sustaining themselves. They were growing food, but they were bringing in food too. Financially there was a burden.

One fascinating thing about that day is that there weren’t a lot of people who left with Congressman Ryan less than 20 people. It was more Jim Jones’s insanity, him thinking that 20 people leaving is devastating [that led to the massacre].

MG Other than the sermons, are there other records of his thoughts? Are there tracts and manifestos?

SN There are some things that he wrote. He didn’t write a definitive book of his philosophies, but there is a piece in which he picks apart fallacies in the Bible.

MG On the one hand, Jones could be critical of the contradictions in the Bible, and on the other, he could pick out the parts that were useful to him.

SN One thing that everybody said was that Jim Jones knew the Bible he wasn’t just talking off of the top of his head. He was incredibly smart, prepared, and cunning.

MG What did you learn from making the film?

SN It’s a film I’m glad to be finished with. All films are hard to make, but it really took a lot out of me. We’ve only had two screenings, and both times afterward there was a kind of shocked silence. One was for the members of Peoples Temple and their friends to let them be the first to see it.

MG How it was received?

SN The Peoples Temple members loved the film. We screened the film in a small theater, and we had a reception outside. The Peoples Temple members who were there with their families just stayed in the theater for about 15 minutes talking among themselves. It made me a little nervous [laughs]. But when they came out they all said they loved the film and felt it was a powerful way of telling their story — a story that hadn’t been told that way at all.

JONESTOWN: THE LIFE AND DEATH OF PEOPLES TEMPLE

April 29, 6:15 p.m.; April 30, 7 p.m.; May 1, 7 p.m.; May 2, 4:30 p.m.

Part of the San Francisco International Film Festival

Various venues

Call (925) 866-9559 for tickets and (415) 561-5000 for more information.

www.sffs.org

Real tolerance

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OPINION On March 24, 2006, the Board of Supervisors voted unanimously to pass a resolution opposing the message that a group called Battle Cry for a Generation was set to deliver the following Friday on the front steps of City Hall. The appearance of Ron Luce’s teen program at the site had nothing to do with the group’s apparent reason for being in the city, which was to promote Christianity amid smoke machines and rock bands at SBC Park. Luce decided to rally on the steps of City Hall specifically because gay marriages had been performed there two years earlier.

The intent to somehow purify the steps with prayerful teens, the quick response by citizens of San Francisco, and the meaning of that entire encounter was lost completely as local journalists and former politicians rushed to smear the Board of Supervisors with labels like "clueless" and "intolerant."

In doing so, John Diaz at the San Francisco Chronicle and Joanna Thigpen at the San Francisco Sentinel both missed an opportunity to summarize for their readers the meaning behind the meeting of two groups. Instead, both city leaders and organizers of the counterprotest were admonished for their lack of tolerance.

For those in need of a working definition of tolerance, the American Heritage College Dictionary offers the following: "The capacity for or the practice of recognizing and respecting the beliefs or practices of others." The key word within that sentence is recognize, which is hard to do if all you do when the Christian right comes to town is stay home and fume. Engagement (another version of recognition) is also a value, one that walks hand in hand with tolerance as the citizens of this fair city go forward in search of bigger and better expressions of human and civil rights. Showing up and shouting back don’t indicate intolerance. And staying away doesn’t display tolerance, just benumbed passivity.

Curiously, the charge was made that by issuing resolutions and press statements, both Sup. Tom Ammiano and Assemblymember Mark Leno were attempting to stifle Battle Cry’s right to free speech. Supervisor Ammiano’s office, which was the primary sponsor of the resolution, was contacted by neither the Chronicle nor the Sentinel. What he would have pointed out was that no one in city government made any attempt to silence anyone. The resolution was simply the progressive community’s proverbial two cents thrown into a debate Battle Cry started when the group assembled on City Hall’s steps. No public official ever came close to opposing Battle Cry’s right to frankly indict both queers and women who have chosen abortion or who support its legality.

Civic engagement like the sort displayed by Ammiano and Leno is what makes this city a haven for those who could not get tolerance for themselves, on their own terms, elsewhere. Far from impeding the right of Battle Cry to spread a message of hate disguised as love, we are forwarding the rights of speech to those whose voices are still being suppressed by fear and hate disguised as Christian love and tolerance.

Elizabeth Creely
Elizabeth Creely works with the Bay Area Coalition for Our Reproductive Rights.