Corporations

Blood money

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› a&eletters@sfbg.com

Most Americans are fairly sure they are being screwed where it hurts most: in the wallet. But if they think they know why, it’s usually a red herring, while the actual primary causes of shrinking financial stability remain obscured by propaganda, media inattention, and institutional stonewalling. By timely coincidence, three worthwhile documentaries opening this week shine some light on the matter. One profiles a longtime champion of consumer protection, while the others examine two realms in which lack of regulation is letting our dollars dance off a cliff of corporate profiteering and dubious ethics.

An Unreasonable Man is Henriette Mantel and Stephen Skrovan’s admiring yet critical portrait of Ralph Nader. The previous century’s most famous consumer advocate racked up a roster of triumphs that protected citizens against corporations — that is, until Ronald Reagan commenced ongoing deregulation trends. Famously starting with auto design safety in the early ’60s, then encompassing pollution, food and drug guidelines, nuclear power, the insurance industry, and workplace risk-protection, Nader did enough public good during his career — with worldwide legislative ripple effects — to merit secular sainthood. Then he decided to run for president, in 2000, as a Green. He won just enough votes for many Democrats to blame him for the catastrophic ascent of George W. Bush. Needless to say, the latter is no friend of Nader’s consumerist lobbying, which suffered a defection of support from nearly all quarters.

Lengthy but engrossing, An Unreasonable Man wants to reclaim Nader’s legacy, even as it admits that his black-or-white morality can be both admirable and mulishly exasperating. After all, in the end he didn’t rob Al Gore of the Oval Office: with familial help from the Sunshine State, Bush stole it.

If the current climate had allowed Nader’s Raiders as much clout as they had under the Jimmy Carter administration, could Americans possibly have been led into the shithole examined by Maxed Out? James Scurlock’s survey of the out-of-control credit and debt industry begins by informing viewers that this year "more Americans will go bankrupt than will divorce, graduate college, or get cancer."

Of course, thanks to our current president, they won’t be able to declare bankruptcy anymore — the lazy sods! Instead they can enjoy a lifetime of astronomical interest rates, threats, and continued solicitations to sign up for yet more loans and plastic.

Maxed Out includes personal stories of housewives driven to suicide, longtime homeowners tricked into foreclosure, and even underpaid soldiers targeted for exploitation by creditors after Iraq tours. The movie’s institutional focus spotlights the deliberate holding of customer checks until late fees can be charged (an executive from one company guilty of such tactics was Bush’s pick for financial-industries czar), spinelessness on the part of government investigative committees, and flat-out collusion by many politicos. Meanwhile, the national debt goes up and up, in good part owing to Iraq, making it unlikely that Social Security or basic social services will be around in the future.

Speaking of Iraq and bottomless money pits, for the first time in any major conflict, a great share of US military expenditure now goes to private security contractors. In less linguistically evasive times we called them mercenaries, or soldiers of fortune. Who are these people, and who are they accountable to? Nick Bicanic and Jason Bourque’s Shadow Company is a well-crafted grasp at answers, though that latter question is a hard one. Some of the people interviewed in the movie sound conscientious enough, and as some grisly footage attests, the risks they run are no joke. More private contractees have been killed in Iraq than all non-US military personnel put together. But the booming $1 billion-a-year industry of private military companies (PMCs) doesn’t operate under any strict guidelines.

We’ve already outsourced the running of many prisons and schools to private concerns. When war itself is a for-hire endeavor — and a hot job market, since PMC employees’ salaries dwarf those of actual soldiers — is there any doubt left that we’re fighting for venture capitalism, not democracy? *

AN UNREASONABLE MAN

www.anunreasonableman.com

MAXED OUT

www.maxedoutmovie.com

SHADOW COMPANY

www.shadowcompanythemovie.com

All three films open Fri/9 at Bay Area theaters

The ethics of flacks

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› steve@sfbg.com

They go by many names: public relations professionals, spokespeople, public information officers, press secretaries, liaisons, public affairs practitioners, press agents, or — the widely used slang — flacks. They are the gatekeepers of records and access to their powerful bosses, either a conduit or barrier for those seeking information.

A spotlight was shined on the role of flacks in San Francisco last month when Peter Ragone, then the influential press secretary for Mayor Gavin Newsom, was caught posting comments under fake names on some local blogs and then lying about it to journalists.

The incident prompted Board of Supervisors president Aaron Peskin to call for Ragone’s ouster (which Newsom resisted, before last week transferring Ragone to his reelection campaign team, where he’s not dealing directly with the press or public) and to craft legislation creating standards of conduct for the city’s public information officers.

"There are bright ethical lines that cannot be crossed," Peskin told the Guardian. "Passing this is a wake-up call to people so busy playing politics that they’ve forgotten their moral responsibility."

The code calls for the city’s public information officers to be honest and accessible and to "advance the free flow of accurate and truthful information to the public and the press."

The legislation, which will soon be heard in the Rules Committee before going to the full board, notes that "it is critically important that Public Information [Officers] are viewed by citizens and the media as honest and trustworthy brokers of information" and "deception and disinformation severely damages the public trust and limits the City’s ability to serve the public."

Many activists and journalists say that’s a serious problem right now, particularly in the Mayor’s Office of Communications, which has become known for aggressively pushing deceptive political spin and repeatedly blocking the release of public documents, according to rulings by the Sunshine Ordinance Task Force. In addition to Ragone, deputy press secretary Jennifer Petrucione is widely seen by those she deals with as a less than forthright and forthcoming broker of information.

But new press secretary Nathan Ballard, whose first day was March 5, said he supports the Peskin legislation and promises to maintain high ethical standards. "My overall philosophy is I’d like an accessible press office. You should be able to get the information you need with dispatch," he told us. "The public has a right to receive information from us that is true, accurate, and fair."

He made a distinction between private-sector public relations people and public-sector information officers, noting that the latter should be held to a higher standard of conduct because they work for taxpayers, not corporations or just politicians. It was a point echoed by City Attorney’s Office spokesperson Matt Dorsey, one of the most widely respected flacks in San Francisco.

"I have a duty to taxpayers and citizens to provide information, whether it’s good for my client or not," Dorsey told us. "Even when you’re working for an elected official, it’s the taxpayers who pay you."

Dorsey accepts that it’s the nature of the job and a free democratic society that sometimes his boss will take lumps in the press, but he said, "I will never hold it against a journalist for portraying the city attorney as a bad guy when we do look like the bad guy."

Eileen Shields, spokesperson for the Department of Public Health, agreed: "I don’t think of my client as the Department of Public Health of Mitch Katz. I think of it as the people of San Francisco."

But other flacks, such as the Metropolitan Transportation Commission’s Maggie Lynch, have a more adversarial relationship with the press and have been known to chew out journalists who write unflattering stories, although she agrees that flacks should maintain high ethical standards.

"It’s my job to point out what’s good about what the agency does," Lynch told us. "I pride myself on my directness and my honesty…. I think the standards should be the same for reporters and public information officers, that you need to be honest."

As the tenor of her comments indicates, there can be a dynamic tension between flacks and journalists that sometimes gets testy. And that can be exacerbated when the flack works for an agency under strong public scrutiny, such as Muni or the Mayor’s Office.

That’s why Peskin said his code is important. "Transparency in an electoral democracy is what keeps the system honest," said Peskin, who agreed that the issues associated with the Mayor’s Office of Communications go beyond the lie Ragone told about his blogging. "There is no question the Mayor’s Office has repeatedly failed to adhere to the Sunshine Ordinance."

Without commenting on the past, Ballard pledged to cooperate in the future. "We will comply with the spirit and the letter of the Sunshine Ordinance."

In addition to Peskin’s legislation, City Attorney Dennis Herrera has announced a new program that offers expanded training for the city’s flacks, covering Sunshine Ordinance compliance, legal guidance, and ethical guidelines. "It would be up to policy makers whether they want to make it mandatory," Dorsey said.

Ironically, the Guardian attempted to interview someone from the Public Relations Society of America (whose code of conduct Peskin incorporated into his legislation) for this story, but we were unsuccessful despite days of trying. Judy Voss, the contact person listed in its code of ethics, referred me to Janet Troy, the vice president of public relations, who spent 10 minutes asking me questions about the questions I had and said she would have someone get back to me. Despite several days of my calling and e-mailing her, neither she nor anyone from the PRSA got back to me by press time.

Luckily, there are alternatives to the PRSA. The National Association of Government Communicators has an even stricter code of conduct for public-sector flacks. It includes this central tenet: "We believe that truth is inviolable and sacred; that providing public information is an essential civil service; and that the public-at-large and each citizen therein has a right to equal, full, understandable, and timely facts about their government." *

Steeped in controversy

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› a&eletters@sfbg.com

These days everyone is a gourmand, and caring about the earth is so cool it’s made even Al Gore popular. The time is ripe to give a fuck.

But all this focus on artisanal and organic products is complicated. What’s easiest for the consumer to understand isn’t always correct. Stickers can’t always be trusted. And — certified or not — nothing holds a candle to family tradition.

It’s true for tomatoes. It’s true for tangerines. And, according to Winnie Yu, director of Berkeley teahouse Teance, it’s especially true for tea.

That there is controversy or politics involved with tea is nothing new (Boston Tea Party, anyone?). But the most recent debates have centered around two primary issues: the practice of using lower quality teas in tea bags (versus loose leaves) and the consequences of labeling tea as organic.

But before we get into all that, first the basics.

CONFLICT BREWS


The beverage as we know it is said to have been discovered when tea leaves blew into the hot-water cup of early Chinese emperor Shen Nung. Cultivation started simply enough, under the fog on steep hills, where harvesters engaged in the art of fine plucking, or gently twisting the buds of Camellia sinensis at precisely the correct moment of the correct day. This knowledge was a biorhythm, pulsating in the bones, passed from one generation to the next.

But it wasn’t long before this Chinese medicinal crop changed everything. The British East India Co. — originally chartered for spice trade — spread opium through the region just to get its hands on the stuff. This bit of naughtiness made it the most powerful monopoly in the world, prompted wars, and left legions addicted to another intoxicating substance: tea.

Smuggling rings, high-society occasions, and ever-increasing taxes spiraled around the precious crop. The long journeys from China to Britain led to the glamour of clipper ship races, but below deck fighting the rats was another problem altogether. One piece of tea lore explains how cats were employed to catch the rats, and after an entire shipment of tea (already stale from the journey) was infused with cat piss, it was discovered that the pungent bergamot oil, popular at the time, masked this stench quite nicely. Earl Grey was born.

Next came Thomas Sullivan, New York tea merchant, good-time guy, and miser to the core, who decided to send some tea samples to faraway clients. Instead of packing his gifts in tins, as was common at the time, Mr. Tightwad decided to use some silk baggies he had lying around. The people who received these pouches assumed they were to dip them into boiling water and throw away the debris. Sullivan had unwittingly invented a no-mess solution to tea. The orders came pouring in. A few years later the Lipton tea bag was born.

BONES ABOUT BAGS


Eventually, it was learned that smaller pieces, or finings, brew more quickly than full leaves. But when leaves are broken into finings, the oils responsible for their taste evaporate. This leaves a bitterness that can only be countered with cream and sugar. And the tea farmers in China kept on keeping on, despite the series of near-triumphs, well-intentioned buffoonery, and colonial rebellion that resulted in the western side of the tea-drinking world forever asking, "One lump or two?"

According to tea connoisseurs, this is when the fine crop began its slide down the slippery slope into pure crap.

Far from an obsolete issue (or a localized one), bagged tea — both its quality and its form — has sparked a very modern worldwide debate.

In Sri Lanka as recently as Feb. 12, D.M. Jayaratne, newly appointed minister of plantation industries, instructed tea researchers and relevant authorities to investigate whether premium teas exported in bulk are being mixed with cheap tea.

And on the less quantifiable front, contemporary tea drinkers such as Yu consider bagged tea to have all the sophistication and allure of boxed wine. Properly enjoyed tea is not only an intoxicant but also an art. "It’s like music," Yu explains. "The notes have to be appreciated at their own time."

Tea bags pilfer quality by design, but something bigger may be lost between the staple and the tag: how about a bit of ceremony in a racing, relentless world?

"Tea is a spiritual product, as well as for consumption," says Yu, who has made it her mission to bring fine tea and tea education to the Bay Area. "It was a medicine for 2,000 years before it was a beverage."

Her Berkeley tearoom — a serene, beautiful environment flecked in copper and bamboo — allows you to connect with the leaves, the culture, the moment, and the community. "Drinking with 3,000 years of history, you don’t feel alone," Yu says.

THE ETHICS OF ORGANICS


Meanwhile, at the 40th annual World Ag Expo in the San Joaquin Valley in mid-February, cannons thundered, Rudolph Giuliani waxed poetic about alternative fuel, jets split seams into the sky, more than 100,000 people gathered from 57 nations, and a small group of farmers met to contemplate the agribusiness plunge into the emerging organic industry.

During a seminar with Ray Green, manager of the California Organic Program for the California Department of Food and Agriculture, these farmers had before them a daunting question: organic at what cost?

When it comes to tea, Yu has an answer. The cost is large: to consumers, who mistakenly think their certified-organic tea bag is superior to the noncertified (but tastier and ecofriendlier) independent variety, and to small farms, which have to compete with the certified giants.

Artisan tea shops such as Yu’s depend on strong bonds with small farmers. But most quality tea farms opt out of the bureaucratic mess of US Department of Agriculture organic certification because the fees are too high and the other costs are too great. For example, USDA certification can require land to lay barren for up to five years. According to Yu, it’s nonsense to ask a family farm to participate in such a thing. "These hillsides have had tea growing on them for hundreds of years," she says. "It is very precious to have a tea tree."

Many new farms are certified under European and Chinese regulations — which are both significantly stricter and cheaper than their United States counterpart — but still have to compete with big corporations willing to jump through the USDA hoops.

At his seminar Green said, "Some of the farmers that left conventional agriculture 10 years ago because they just couldn’t compete on economies of scale are now finding that the same companies they were in competition with 10 or 12 years ago are now competing against them in the organic sector."

Consumers want to choose certified products because they think they’re doing the right thing. But doing so doesn’t necessarily help anyone but the big corporations that can afford certification.

"Organic isn’t an issue if it’s always been organic," Yu says. "Fair trade is not an issue [for Teance] because we buy from family farms."

Yu works with family farms like the ones with representatives sifting through the advice and cautionary tales of the World Ag Expo, the farms wondering how to stay afloat in the wake of impossible competition. As their corporate counterparts lurk in low valleys, sifting the scraps of their mass harvest into nylon bags before slapping a USDA organic sticker on attractive packaging and trumpeting health consciousness to the uneducated consumer, the folks on the hill are still doing what they’ve always done.

It’s clear that as consumers become more informed, the demand for quality product increases. With this demand comes profit, red tape, and a departure from the salt-of-the-earth spirit that gave birth to the organic movement.

"The ritual is authentic, healthy, artful," Yu says. "You can’t find that in a tea bag."

So what is the San Francisco tea lover to do? At the very least, you can support your local gourmet tea peddlers. From Chez Panisse to El Farolito, the Bay Area is uniquely qualified to appreciate the culinary good stuff. We like it slow, whole, and artisanal, and fine teas deliver. *

TEANCE

1780 Fourth St., Berk.

(510) 524-2832

www.teance.com

FAR LEAVES TEA

2979 College, Berk.

(510) 665-9409

www.farleaves.com

IMPERIAL TEA COURT

1511 Shattuck, Berk.

(510) 540-8888

1411 Powell, SF

(415) 788-6080

1 Ferry Bldg., SF

(415) 544-9830.

www.imperialtea.com

MODERN TEA

602 Hayes, SF

(415) 626-5406

www.moderntea.com

SAMOVAR

498 Sanchez, SF

(415) 626-4700

730 Howard, SF

(415) 227-9400

www.samovartea.com

>

Kids get Addicted to War

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› amanda@sfbg.com

It’s a lucid time line of 230 years of American wars and conflicts. It’s a well-researched text, footnoted from sources as varied as international newspapers, Department of Defense documents, and transcripts of speeches from scores of world leaders. It’s been endorsed by such antiwar stalwarts as Susan Sarandon, Noam Chomsky, Helen Caldicott, Cindy Sheehan, and Howard Zinn, who called it "a witty and devastating portrait of US military history."

And it’s a comic book that’s going to be available for 10th-through-12th-grade students in San Francisco’s public schools. Four thousand copies of Addicted to War: Why the U.S. Can’t Kick Militarism, by Joel Andreas, have been purchased and donated to the San Francisco Unified School District using contributions gathered by local peace activist Pat Gerber.

Gerber came across the book at a rally about a year and a half ago and, inspired by the compelling display of such heavy content, presented it to the Board of Education’s Curriculum and Program Committee, where its use as a supplemental text was unanimously approved last fall. The book will be distributed to all high school social studies teachers for review, and those who opt in will be given copies to use as supplemental texts to their already approved curriculum.

Many peaceniks may be familiar with the 77-page comic book that was originally conceived in 1991 to highlight the real story behind the Gulf War. With spare wit and imagery, Andreas plainly outlines how combat is the very expensive fuel that feeds the economic and political fire of the United States.

In outlining this history, Andreas doesn’t gloss over the lesser-known and oft misunderstood conflicts in Haiti, the Philippines, Lebanon, and Grenada. He draws on multiple sources to portray America’s purported need to overthrow foreign governments and establish convenient dictators, including Saddam Hussein, in order to fill the pockets of the most powerful people and corporations in American history. Andreas also includes the blinded eyes of the mainstream media, whose spin and shortcomings keep this business rolling.

The current publisher, Frank Dorrel, came across the book in 1999. "This is the best thing I’ve ever read," the Air Force veteran told the Guardian. "I’ve got a whole library of US foreign policy, but this puts it all together in such an easy format. Howard Zinn, Noam Chomsky, Michael Parenti — they’re all [authors of] great books, but they aren’t easy reads." When Dorrel first discovered the book, he contacted the original publisher to order 100 copies to give to all his friends.

"They didn’t even have 10," he said. "It was out of print."

Dorrel was disappointed with the news and thought an updated text was overdue. With the use of a private investigator, he tracked down Andreas, who happened to live in the Los Angeles area just a few miles from Dorrel.

Andreas agreed it was time for a new edition. Addicted to War now includes Kosovo, Sept. 11, Afghanistan, and the current quagmire in Iraq. Over the years, 300,000 copies have been distributed in English, Spanish, and Japanese. Many of those copies have been distributed to teachers and students through the Books for Schools program, but San Francisco Unified is the first entire district to approve use of the book. Dorrel encourages others to follow suit by deeply discounting the $10 price for school districts to as little as $2.50 a book plus shipping. He seems unconcerned with making a profit and said, "It’s all done to get out the information."

For San Francisco, he discounted the price even further, and the costs were met by donations from local peace activists. No taxpayer or school district funds were involved in the purchase, and Gerber and Dorrel are still accepting donations to defray some costs. (Contributions may be sent to Frank Dorrel, PO Box 3261, Culver City, CA 90231-3261.)

The district teachers’ union, United Educators of San Francisco, expressed unanimous approval of the book, and it sailed through the board’s bureaucracy. But it is not without its critics.

Sean Hannity of Fox News slammed the book for, among other things, illustrations of President George W. Bush wearing a gas mask and a baby holding a machine gun. Hannity invited Sup. Gerardo Sandoval to his Jan. 12 show, introducing him as "the man who doesn’t think we need a military" in a distorted reference to something Sandoval said in a previous appearance.

This time Hannity asked Sandoval, "Do you support this as propaganda in our schools?"

To which Sandoval responded, "It’s not propaganda. But I do support having alternative viewpoints, especially for young people about to become of military age…. I think it provides a balanced approach to history. Some of the actions that the US has taken abroad in our 200-year history have been less than honorable."

To which an aghast Hannity countered, "It encourages high schoolers to kick the war habit. It is so unbalanced and one-sided…. You’re entitled to your left-wing ‘we don’t need a military’ views … but leave our children in school alone."

Strangely, images of the book shown during the Fox segment bear little resemblance to those in the actual text. The news channel flashed to a picture of a thick, hardbound book with a dust jacket of the cover illustration, though as far as Dorrel and Gerber know, it has never been published in hardcover and never with a dust jacket. Gerber thinks the cover image and some internal cartoons were printed from the Web site www.addictedtowar.com and faked into a book that the news channel didn’t have a copy of and had not actually read.

The SFUSD was invited by Fox News to speak on behalf of the book but declined. "We decided we didn’t want to debate in that forum," district spokesperson Gentle Blythe told the Guardian.

Blythe said the district has been contacted mostly by people in support of the work and the only criticism has come from its coverage in the conservative media. She stressed that the use of the book is optional, at the discretion of each teacher, and the Office of Teaching and Learning is researching other texts that offer another perspective but has not settled on anything yet.

"If a teacher agrees with the content, they love the book," Dorrel said. "This is really the history. We’ve been going around in the name of liberty, and it’s not that. It’s a business. It’s really bad when war is your business."

Dorrel said that since he’s been distributing the book, which has all his contact information on the first page, he’s only received a couple of nasty phone calls. "The phone rings every day. Every day there are e-mails, and mostly I just get praise because they’ve never seen anything like this. *

The search for Spocko

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› news@sfbg.com

For the better part of a year starting in late 2005, San Francisco blogger Mr. Spocko waged a quiet campaign against right-wing talk radio station KSFO, 560 AM. He wrote to its sponsors and played for them explicit portions of the station’s programming, such as shock jock Lee Rodgers’s call for antiwar protesters to be "stomped to death … just stomp their bleeping guts out."

The idea was to educate corporations about exactly what they were sponsoring, in the hope that Spocko’s work might staunch the free flow of hateful rhetoric. He also posted these audio clips on his blog, Spocko’s Brain. Several advertisers pulled their ads as a result of his campaign. But after MasterCard decided to cancel its KSFO spots in July 2006, Spocko said hostile commenters started to arrive on his blog and declare that he was in legal jeopardy.

"They said things like ‘They’re going to find you and sue you for everything you’ve got,’ " Spocko told the Guardian by telephone, the only way he will be interviewed because of fears for his personal safety if people learn his true identity.

Spocko suspected people at the station were behind the threats and forged on with his campaign. Then, on Dec. 22, 2006, lawyers for KSFO’s parent company, ABC — a division of Disney — sent Spocko’s Internet hosting company a cease and desist letter. The letter asserted Spocko’s clips of KSFO content were copyrighted material and demanded they be taken down from his site immediately. 1&1 Internet, the hosting company, not only complied but went one step further. It shut down Spocko’s Brain.

That’s when things got crazy.

Mike Stark — a bare-knuckle liberal blogger who famously asked Sen. George Allen, the Virginia Republican who was ousted in the last election, if he ever spat on his wife — took up Spocko’s cause. Within days scores of like-minded bloggers had posted the KSFO audio clips on their own blogs, essentially daring Disney to come after all of them. By the first week of the new year, the mainstream media — including USA Today, the San Francisco Chronicle, and the New York Times — had gotten hold of the story.

Spocko’s battle against KSFO took on the dimensions of a media turf war, with the right’s traditional ally, talk radio, pitted against the new and largely left-wing online media. Spocko was suddenly and reluctantly famous, despite the fact that few actually know who he is. KSFO and Disney "made me a public figure," he told us. "[Now] in their mind I’m fair game."

Spocko cites right-wing hit pieces — such as the book KSFO’s Melanie Morgan wrote about Cindy Sheehan, American Mourning — as examples of what happens to lefties who stick their necks onto the conservative-media chopping block. But he also fears something much worse than character assassination. He passed along an e-mail in which someone said he "sounds like a terrorist." Morgan and her fellow KSFO hosts regularly advocate harsh treatment for terrorists, to put it mildly.

"Morgan has told her one million members in Move America Forward [a pro–war on terror ‘charitable’ organization that Morgan chairs] and all her listeners that I’ve smeared her, I’ve attacked her, I’ve threatened her security," he told us. "That’s scary as hell."

Despite his professed fears, Spocko has held his ground. On Jan. 25 his lawyer, Matt Zimmerman, sent ABC a strongly worded letter demanding that it officially retract its cease and desist letter to Spocko’s old hosting company. Zimmerman works at the Electronic Frontier Foundation (EFF), which fights for people’s online freedom.

"[ABC-Disney] were clearly in the wrong here," Zimmerman told us. "They shouldn’t be in the habit of sending out baseless threats without following through on them."

At issue is whether Spocko’s posting of KSFO’s content constitutes what is known as fair use, an aspect of US copyright law that allows for certain limited usage of protected materials. Zimmerman’s letter to ABC goes through the standard four-point criteria for testing fair use. But more important, Zimmerman and Spocko say Disney did not even bother to follow the correct procedure for removing copyrighted material from a Web site.

The Digital Millennium Copyright Act of 1998 established a protocol for corporations to follow when they believe their materials have been poached. According to Zimmerman, however, Disney did not cite the DMCA in its letter to 1&1 Internet. Disney simply threatened 1&1 with unspecified legal action if it did not take down Spocko’s clips, and 1&1 caved.

"If they were serious about their beliefs that this was a copyright infringement, they could have sent a takedown notice" as specified in the DMCA, Zimmerman said. "But they didn’t do that."

Spocko’s lawyer also had some choice words for 1&1, the hosting company. Under the DMCA, Internet service providers are protected from liability, so long as they too follow proper protocol under the act. But because Disney did not cite the DMCA, Zimmerman said, 1&1 was not in any legal peril. The company "was under no obligation" to pull Spocko’s blog, he asserted. "People should be aware that in this case [1&1] decided that their own interests were more important than their customer’s."

Neil Simpkins, a 1&1 spokesperson, told the Guardian, "We are not a judicial system here. [This] issue is between Spocko and whoever is the owner of the copyright." When asked if 1&1 had consulted with legal counsel of any kind before pulling the blog, Simpkins answered that it had. But when asked for the names and contact information of his company’s legal advisers, Simpkins didn’t provide them. Officials at KSFO and ABC refused to comment for this story.

With the help of the EFF and his blogger allies, Spocko has found another ISP. Computer Tyme Web Hosting now carries his blog, which is back up and running. Some Spocko’s Brain readers have continued the campaign against KSFO. According to the blog, one Spocko devotee got the California state affiliate of the Automobile Association of America to pull its ads from the station.

But Spocko hasn’t yet posted any new audio clips nor has he contacted any advertisers since his run-in with KSFO’s parent companies. Spocko is conflicted. Part of him wants to jump back into the fray. But after the media maelstrom last month, he’s holding back, at least until ABC and Disney respond to his lawyer’s letter.

"I need to pay attention to what’s right, [but] I also need to pay attention to the real world," he said. "Media conglomerates can be ruthless."

Despite his newfound circumspection, he still believes KSFO and its fans will come after him. He even speaks of the outing of his true identity as a foregone conclusion.

"After my 15 minutes [of fame] are over — and I’m at 14:58 right now — they’ll still be out there, and they’ll still be pissed off," Spocko said. "And after they out me, I don’t know how this is going to impact me." *

The Presidio Trust’s mystery millions

0

› amanda@sfbg.com

The Presidio Trust just published its annual report for 2006. This slick-looking document is distributed to the national park’s George W. Bush–appointed board of directors — and to the purported shareholders of this quasi corporation, the American taxpayers.

If you just read the executive director’s message, scan the pretty pictures, and glance at the numbers to make sure they’re on the proper side of zero, then this unique endeavor to privatize a national park looks peachy. Revenue is coming in, operating expenses are being covered, projects are getting completed. The goal is to be self-sufficient by 2013 without any federal subsidy; the trust thinks it will meet that goal. Donald Green, a former economist for the Office of Management and Budget and SRI International and now a Sierra Club Presidio committee member, told us he agrees.

"The financial picture, from their point of view and mine, is good," Green said. "They’re already financially viable."

But when the Guardian took a look at the balance sheets, we had a few troubling questions. The investments line in the assets category jumped out at us: it turns out the Presidio Trust has more than $105 million in the bank. Well, not quite in the bank — that money’s actually invested in federal securities. But it’s still a huge pile of cash for a public agency to sit on. The National Park Foundation, another goverment agency chartered by Congress, that collects funding from philanthropists and private corporations to support national parks, had total assets of $81 million for 2005, $58 million of which is invested in marketable securites.

What is all that money for, where did it come from, and why isn’t it being used? And if the trust has so much in the bank already, why did its leaders ask Congress for a $20 million loan for 2008 — on top of $50 million the federal government has already loaned the trust?

The answers — or rather, the lack of answers — demonstrate exactly what’s wrong with Presidio Trust operations.

According to a detail of the assets line item, the trust, which spends about $50 million a year running the park, has $103,031,000 in excess money invested in nonmarketable Treasury securities. About a third of that doesn’t mature until 2029. Another two-thirds — $69,787,000 — has the slightly lower interest rate of 5.02 percent and will drop $2 million of interest into the kitty for 2006, leaving a balance of $105 million.

At the same time the trust is investing in the Treasury, it’s also making interest payments. In 1999 the park borrowed $49,978,000 to jump-start renovations and get some money flowing. So far, the trust has only been paying off the interest on the loan, at 6.12 percent — which translates to a hair less than $3 million per year.

Pause now to consider those numbers: making $2 million in interest, spending $3 million on interest payments. Huh.

According to Dana Polk, the trust’s senior adviser for government and media relations, the $105 million is a combination of money granted by the Department of Defense for environmental remediation, unspent money from the 1999 loan, and money received from various sources and obligated toward various projects.

When we asked for more specifics on how much money came from where and how it’s going to be spent, Polk said there was an itemized detail of that budget line but added, "That’s not a public document."

In other words, the taxpayers don’t get to know what’s happening with their money.

"Often they don’t want to even explain their own numbers," Green said, "which is pretty pathetic for a governmental organization."

What we do know is that when the Army turned over the base to the trust, the Department of Defense cut a $99 million check to pay for the toxic spillage left in 15 areas throughout the park. About half that money has been spent, and places such as Coyote Gulch, Sunset Scrub, and Thompson Reach are now reblossoming into the natural areas they once were.

But in the seven years since these projects began, unknown contaminants and cost overruns for the massive environmental remediation projects have bumped the total price tag from $100 million to $130 million.

A note in the annual report states that $23 million of the overrun is still unfunded and is expected to come from interest earned on investments, "of which $14.9 million has already been earned."

Those of you who are not utterly boggled by these numbers may extrapolate from an above paragraph that the trust is netting about $2 million a year in interest income. It’s going to be a while before the agency has that $23 million to pay for the guys in the Hazmat suits.

Additionally, the report reads, "If cleanup costs for the enumerated sites exceed the $100 million threshold … by $10 million, the Army must seek additional appropriated funds for the enumerated sites."

Polk confirmed the trust is pursuing additional funding from the Department of Defense and from insurance that is carried for the projects.

So why does the trust still need to earn $23 million in interest if it is asking the DOD for the money anyway?

The trust isn’t a bank, so why does it need to sit on so much money rather than spend it on the various projects around the park, many of which are currently funded by tenants or philanthropists? Right now tenants who are leasing space have to pay for their own renovations.

What special projects is the money earmarked for?

There may be a perfectly sound explanation, but we’ve tried mightily to extract it from Presidio officials, and we are, frankly, baffled. Polk refused to answer our questions — and when we pressed her, she said our coverage of the park is too critical. Then she hung up on us.

But $105 million is a lot of money; maybe Polk can explain it to you.

Her direct line at the Presidio Trust is (415) 561-2710. Good luck. *

Burning brand

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› steve@sfbg.com

Larry Harvey started Burning Man on Baker Beach in 1986, but it was John Law, Michael Mikel, and their Cacophony Society cohorts who in 1990 brought the countercultural gathering and its iconic central symbol out to Nevada’s Black Rock Desert, where it grew into a beloved and unique event that last year was attended by 40,000 people.

Law hasn’t wanted anything to do with Burning Man since he left the event in 1996 — until last week, when he filed a lawsuit in San Francisco Superior Court seeking money for his share of the Burning Man brand. Even more troubling to Harvey and a corporation that has aggressively protected the event from commercial exploitation, Law wants to move the trademarks into the public domain.

The suit has roiled and divided the Bay Area’s large community of burners. Some support Law and the declaration on his blog that "Burning Man belongs to everyone," hoping to break the tight control that Harvey and Black Rock City LLC have exerted over their event and its icons, images, and various trademarks.

"If it’s a real fucking movement, they can give up control of the name," Law told the Guardian in the first interview he has given about Burning Man in years. "If it’s going to be a movement, great. Or if it’s going to be a business, then it can be a business. But I own a part of that."

Yet those who control the business, as well as many attendees who support it, fear what will happen if anyone can use the Burning Man name. They envision MTV coverage, a burner clothing line from the Gap, Girls Gone Wild at Burning Man, billboards with Hummers driving past the Man, and other co-optations by corporations looking for a little countercultural cachet.

"We’ve been fighting attempts by corporations to exploit the Burning Man name since the beginning," BRC communications director Marian Goodell wrote on the Burning Man Web site in response to the lawsuit. "Making Burning Man freely available would go against everything all of us have worked for over the years. We will not let that happen."

Harvey, Law, and Mikel became known as the Temple of Three Guys as they led the transformation of the event from a strange camping trip of 80 people in 1990 to a temporary city of burners experimenting with new forms of art and commerce-free community. By 1996 it had grown to 8,000 people.

"Plaintiff is recognized as the one individual without whose leadership and ability the event would not have been planned or produced," the lawsuit alleges. "Plaintiff alone became recognized as the ‘face’ of the event to local residents and authorities, and was the event’s facilitator, technical director and supervisor."

Law’s central role in the event has also been spelled out in Brian Doherty’s 2004 book, This Is Burning Man, and in Guardian interviews over the years with many of the original attendees. As Law told the Guardian, "I put everything I had into it."

Mikel, also known as Danger Ranger or M2, played a key role as the event’s bookkeeper and the founder of the Black Rock Rangers, who oversee safety and security and serve as the liaison between attendees and outside authorities.

The lawsuit minimized Harvey’s role in the 1990 event: "Harvey, however, did not participate at all other than to arrive at the event as a spectator after it was completely set up…. the 1990 event on the playa motivated Harvey to take a more active roll the next year, so he adopted the roll of artistic director thereafter." The three men entered into a legal partnership to run the event.

Harvey was always the one with the vision for growing the event into what it has become today — a structured, inclusive gathering based on certain egalitarian and artistic principles — while Law preferred smaller-scale anarchy and tweaks on the central icon.

"That was really the underlying conflict, but it got charged with emotion because 1996 was a harrowing year," Harvey told the Guardian, one of the few comments he would make on the record because of legal concerns.

That was the year in which Law’s close friend Michael Fury was killed in a motorcycle accident on the playa as they were setting up for the event. And on the last night, attendees sleeping in a tent were accidentally run over by a car and seriously injured, prompting the creation of a civic infrastructure and restrictions on driving in future years.

Law had a falling-out with Harvey and no longer wanted anything to do with the event, while Mikel opted to remain; today he and Harvey serve on the BRC’s seven-member board of directors. But Law didn’t want to completely give up his stake in Burning Man, in case it was sold.

The three agreed to create Paper Man, a limited liability corporation whose only assets would be the Burning Man name and associated trademarks, which the entity would license for use by the BRC every year for a nominal fee, considering that all proceeds from the event get put right back into it.

Harvey has always seen that licensing as a mere formality, particularly since the terms of the agreement dealing with participant noninvolvement have caused Law’s share to sink to 10 percent. In the meantime, however, tensions have risen in recent years between Harvey and Mikel, who has been given fewer tasks and even joined the board of the dissident Borg2 burner group two years ago (see "State of the Art," 12/1/04).

Harvey didn’t pay Paper Man’s corporate fees in 2003, but the corporation was reconstituted by Mikel, who was apparently concerned about losing his stake in Burning Man (Mikel could not be reached for comment). Harvey resisted formal written arrangements with Paper Man in subsequent years, but Mikel insisted.

Finally, on Aug. 6, 2006, Harvey drew up a 10-year licensing agreement and signed for Paper Man, while business manager Harley Dubois signed for the BRC. Mikel responded with a lawsuit that he filed in San Francisco Superior Court on Aug. 23, seeking to protect his interests in Paper Man. That suit later went into arbitration, which has been suspended by both sides since Law filed his suit. Law said he was prompted by the earlier lawsuit.

"I didn’t start this particular battle," Law told the Guardian. "My options were to sign over all my rights to those guys and let them duke it out or do this."

Most burners have seen Harvey as a responsible steward of the Burning Man brand, with criticisms mainly aimed at the BRC’s aggressiveness in defending it via threats of litigation. But Law still believes Harvey intends to cash in at some point: "I don’t trust Larry at all. I don’t trust his intentions."

Law is skeptical of Harvey’s claims to altruism and even sees this year’s Green Man theme — which includes a commitment of additional resources to make the event more environmentally friendly — as partly a marketing ploy.

"If they’re going to get money for it, then I should get some to do my own public events," Law told us. "And if they don’t want to do that, then it should be in the public domain."

Yet as Burning Man spokesperson Andie Grace wrote in response to online discussions of the conflict, "Our heartfelt belief in the core principles of Burning Man has always compelled us to work earnestly to protect it from commodification. That resolve will never change. We are confident that our culture, our gathering in the desert, and our movement will endure." *

Localize it

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› news@sfbg.com

In what some experts are hailing as a first for sustainability movements in the United States, a coalition of policy organizations has unveiled a comprehensive campaign to reduce the Bay Area’s reliance on global markets in favor of a more locally based economy.

If the plan is embraced by local government agencies and brought to fruition, it could be the first significant reversal of the decades-long march toward globalization, which encourages powerful multinational corporations to exploit cheap labor and transport goods long distances.

The Bay Area is rife with testaments to globalization, from the rusty shells of once prosperous manufacturing plants to the gleaming big-box chain stores filled with cheap Chinese-made clothing and gadgets, from the customer service call answered in India to the foreign parts in our "American made" cars and computers.

Yet at the same time, there are the countervailing forces of localism. For every grocery store stocked with out-of-season produce grown across the world with petrochemicals by big agricultural corporations, there is a community farmers market selling locally grown organic fruit.

Most of globalism’s many faces have a local equivalent. Consumers can buy a burrito at Taco Bell or El Toro, a hammer at Home Depot or Cole Hardware, a new shirt from the Gap or a recycled garment from Held Over, and a bicycle assembled at a factory in China or Freewheel Cyclery.

Or on a grander scale, utilities can import kilowatts of energy from a coal-fired plant in Utah or buy wind and solar power generated in the Bay Area, city governments can contract with out-of-state corporations or locals, and financial institutions can push the status quo or value a more diversified (if less profitable) economic system.

The idea of the localization movement is to analyze the impacts of those choices and start a discussion of how local governments can facilitate the creation of an economy that is more sustainable and less exploitive, one that is unique to the Bay Area.

BEGINNING THE PROCESS


The coalition, which formed in spring 2006, recently released a 30-page report that details the purpose of its campaign and the group’s initial strategy for achieving its goals. The report, titled "Building a Resilient and Equitable Bay Area," and a two-page summary are available online at www.regionalprogress.org. More than two dozen organizations have already endorsed the report, including Oakland’s and Berkeley’s respective sustainability offices.

The coalition’s members include Redefining Progress, Bay Localize, the Business Alliance for Local Living Economies (BALLE), the International Forum on Globalization, and the Center for Sustainable Economy. With the exception of the last, which is in Santa Fe, NM, all of the groups are located in either San Francisco or Oakland.

A key feature of the campaign — and the reason some experts describe the initiative as unique in the United States — is its scope. Efforts to localize individual sectors of regional economies have been under way for years. Berkeley, for instance, is considered a leader in the growing movement to shift from a food system dominated by a handful of giant agribusinesses propped up by federal crop subsidies to a system that relies more on local production and procurement of food. Similarly, many areas are considering ways of creating and encouraging the use of alternative — and local — energy sources to limit dependence on imported oil.

What sets the new Bay Area campaign apart from other localization initiatives is that it seeks to effect change across several sectors of the region’s economy simultaneously. It hopes to do so, in part, by achieving the cooperation and coordination of businesses, government officials, and community leaders at the federal, state, and local levels.

The report defines economic localization as "the process by which a region … frees itself from an overdependence on the global economy and invests in its own resources to produce a significant portion of the goods, services, food, and energy it consumes."

In an interview with the Guardian, John Talberth, one of the report’s primary authors and a PhD economist at Redefining Progress, stressed that economic "isolationism is not the goal of the campaign."

Instead, he said the goal is "reestablishing an efficient balance between imports and products made locally for local consumption." In other words, even if the Bay Area localizes its economy according to the strategy proposed by the coalition, many products would still be imported. The economy would, therefore, remain dependent on global markets — but much less so than it is now.

And that could have significant ramifications for the region, humans, and the planet.

THE PRICE OF PROGRESS


The report acknowledges the benefits of globalization, which has kept consumer prices low and forced corporations to become more efficient. But, the authors note, "it has come at a steep price."

That price includes "a loss of economic diversity, declining real wages and working conditions, increasing inequality, offshoring of environmental degradation, and a concentration of financial capital and economic decision-making in global corporations." The changes have left people "vulnerable to inevitable supply and price shocks in the post peak oil era."

In other words, perhaps global capitalism is reaching the point of diminishing returns. The coalition posits that the antidote is localization, which has great potential "for creating a wider range of local jobs and institutions, shielding our economy from global shifts, increasing the diversity and quality of goods and services we consume, distributing economic benefits in a more equitable manner, and protecting our environment."

The Bay Area is the focus of the coalition’s campaign because its member organizations are located here and because those members believe there is already a great deal of public support in the region for such a project.

Kirsten Schwind, programs coordinator at Bay Localize, told the Guardian there was an "overwhelmingly positive response" to a recent project targeted at supporting local food producers. Both Schwind and Don Shaffer, executive director of BALLE, cited Oakland’s Kaiser Permanente as an example of the increasing number of businesses that are altering their buying habits to favor local sellers. Shaffer also said the Oakland and San Francisco school boards are buying locally produced food and the Oakland City Council is setting targets for local energy production.

But even if much of the Bay Area is receptive to the idea of economic localization, other groups are not. There remains a powerful current of support in government, business, and academia for a predominantly global economy.

Traditional economists, for instance, are reflexively hostile to localization initiatives because such projects do not conform to the concepts embodied in so-called free-trade and free-market theories.

NAYSAYERS


The Guardian interviewed three UC Berkeley professors who do not agree with the report’s view of globalism. None of the professors had read the report — despite the fact that the Guardian forwarded it to them before the interviews — but all said they were familiar with the basic ideas behind localization.

Each expressed a knee-jerk hostility to the concept, but once they began discussing the details of localization, they agreed with the coalition on many points. And the professors’ initial objections to localization — including the notion that it would return economies to a more primitive state and that it is isolationist in principle — were mostly rhetorical and unrelated to the coalition’s specific recommendations.

Two of the professors — Daniel M. Kammen, who teaches in the Energy Resources Group as well as the Goldman School of Public Policy and the Department of Nuclear Engineering, and David Vogel, who teaches in the Haas School of Business, the Political Science Department, and the Goldman School — were immediately opposed to the idea of a comprehensive localization strategy.

Vogel, in particular, seemed at first to make light of economic localization, calling it a "romantic notion that periodically resurfaces," and more than once asked laughingly whether the coalition "expects Bay Area residents to watch only movies made in the Bay Area."

Another professor, Lee Friedman, a PhD economist who teaches at the Goldman School, said, "Globalization is a lot like the problem of gays in the military: mend it, don’t end it."

But Friedman likes the idea — a central one in the report — of including all costs in the price of goods. That’s particularly true of environmental costs. This might raise the price of electronics to pay for their disposal or of gas-guzzling vehicles to pay for their global-warming impacts — both ideas being explored by the European Union.

All three professors also had some very positive things to say about economic localization. Kammen, like Friedman, strongly believes that communities should pursue local — and low-carbon — energy production because the environmental impact associated with producing in a foreign country and shipping to the United States is far greater than that of local production.

"Localization advocates are making some excellent points that people ought to pay attention to," Friedman said. He agreed the Bay Area imports too much of its food. Vogel expressed a similar sentiment, saying that buying locally is a "great idea." He also said localization could help to address urban sprawl. By the end of the interview, Vogel softened his initially dismissive attitude toward localization, deeming "aspects of it interesting and attractive."

Talberth and other coalition members say challenging the economic concepts supporting globalization — like those taught by Friedman and most other economics scholars — is a central task of their campaign.

Critics of traditional economic theory have for a long time been saying that too many economists base their research and resulting recommendations on economic models that bear little resemblance to the way the real world operates.

Although economists often bristle at that criticism, Friedman has acknowledged to his students the flaws in prevailing economic models but said, "Until someone comes up with better models, people shouldn’t complain about the existing ones."

Yet Hazel Henderson, a coalition member and the author of Beyond Globalization, and Talberth say alternatives to the current models are well established and have been around for years. They criticize the fact that economic growth is measured by the gross domestic product (GDP), a simplistic calculus that doesn’t take into account economic activity that is harmful to people or the planet.

They prefer new indicators, like the genuine progress indicator (GPI), that account for costs and benefits the traditional indicators do not factor in. The report calculates the GPI for each of the Bay Area’s nine counties. The European Union has already adopted this kind of alternative measure of an economy’s well-being.

WHAT’S NEXT?


Engaging the public is the coalition’s next big goal. Despite the overall support that Schwind and others say already exists in the Bay Area for localization, they admit there are challenges to mobilizing citizens.

"It’s well documented that people tend not to act unless there is a crisis," Shaffer said. But he also said that "giving people Armageddon scenarios" will not work because such stories are depressing and, more importantly, "people are too busy to think comprehensively about that sort of thing."

Instead, Shaffer and Schwind said the coalition plans on putting out a "positive, hopeful" message focusing on the benefits that will accrue to individuals and communities if they adopt localization.

Beyond getting the public involved, the coalition is encouraging local, state, and federal government organizations to conduct studies assessing the challenges and true costs of relying so heavily on global markets. Talberth acknowledged that:

"Getting [those] assessments done is a big challenge."

Ultimately, the coalition would like the Bay Area to serve as a model of localization for other areas in the United States. Shaffer said the group is "not looking to put a formulaic stamp on other regions" but hopes instead that such places will be influenced to adopt localization measures in light of the Bay Area’s success.

Shaffer said the food and energy sectors, along with retail, are already understood well by consumers, at least intuitively. So he predicts the coalition could achieve significant results in those sectors within five years. Spreading those advances to other parts of the economy could take another 10 years after that.

Shaffer, Talberth, and Schwind all said that change is coming whether people want it or not, mostly due to global warming. So they argue for the Bay Area to embrace change now and begin to make the needed changes gradually, before they are painfully thrust upon us. We can localize our world or simply accept whatever the global economy dishes out. *

McClatchy sells the Minneapolis Star-Tribune to a New York venture capital firm with no newspaper experience. It’s sad for the staff, for the state of Minnesota, and for the newspaper business

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Bu Bruce B. Brugmann

It’s yet another WLSB, another wimpy little story in the business section of the Hearst/Singleton papers, except this time it was not even in the business section of the San Francisco Chronicle/Hearst.
And it was just a couple of paragraphs boiled out of an Associated Press story in the business digest of the Oakland Tribune, Contra Costa Times, and the San Jose Mercury News (all Singleton papers).

Why? This was probably because the latest McClatchy sale was the most embarrassing media monopoly story of them all: it showed yet again how the nation’s big chains were tossing newspapers around like drunks toss cards in a monopoly game in a waterfront saloon. This time, in a most unexpected development, McClatchy announced that it was selling the Minneapolis Star-Tribune, one of the great newspapers of the country, for less than half of the original purchase price of $l.2 billion that McClatchy paid in l998 to buy the Star-Tribune and its local Cowles Media parent company.

And it sold its largest paper to a one year old NewYork venture capital firm named Avista Capital Partners with no newspaper holdings and no newspaper experience.

Word came as a shock to the newsroom in Minneapolis, reported the New York Times Thursday. Employees received an e-mail message aet 3:5l p.m. saying that there would be an important announcement at 4:00.

“You should have seen the look on our faces,” said Nick Coleman, a metropolitan editor for the paper. “It was like, who? Everyone knows the whole industry is in play and that just about anything could happen, but nobody thought we could get sold. There’s a real sense of betrayal.”

Coleman said the paper was sold in a “fire sale.” He continued, “At a fire sale, people get discounted so we’re very concerned, worried and anxious.” On the other hand, he said, “maybe it takes someone from outside the newspaper business to see the way forward.”

Dean Singleton, the new owner of the competing St. Paul Pioneer Press, was astounded and was quoted in his own paper as saying he would never have expected McClatchy to sell the paper at such a large loss. “How often does a newspaper company sell its largest paper,” he said. “It doesn’t happen.”

For those of us who grew up with the Minneapolis Star-Tribune and the Des Moines Register (both owned by the Cowles family), this is a terrible shock. It was bad enough when the Gannett Company took over the Register and turned a splendid statewide paper into a mediocre Des Moines metropolitan paper. I remember the precise moment when I knew that Gannett was ruining the Register. I was back visiting my parents in Rock Rapids, Iowa, and I stopped in to the Rexall store, as I always did when I was in town, to buy the Register from Jim Roeman, a high school classmate who ran the store. He didn’t have any and explained why: the Register had hiked the price so that the more papers he sold, the more money he lost and so he (and many other outlets outstate) stopped carrying the Register. And that was the Gannett strategy, to gradually cut back circulation and coverage to outer Des Moines and ruin a proud state paper.

It was worrying when McClatchy, a California paper, bought the Minneapolis Star but at least it was strong editorially and had solid management. But now, McClatchy sold to an unknown venture capital firm with no credentials and no track record and it did so even though McClatchy’s chainwide profit margin through September of this year was 25.2 per cent, according to Gary Pruitt, McClatchy CEO. Then Pruit coyly added without giving specifics, “Without Minneapolis, the profit margin would be higher.” Higher? That’s higher than most U.S. corporations are doing.

Even newspaper analyst John Morton, who rarely sees a newspaper sale or a merger he doesn’t like, told the Sacramento Bee that the sale was “a disappointment.” He said McClatchy is known as an operator of high quality newspapers and is giving up on a paper with a good reputation. “This is a shock,” he said.

Colby Atwood, an analyst at Borrell Associates, a media research firm, gave a chilling financial analysis to the New York Times. “The turbulence of equity holders trying to rebalance their portfolios and newspapers are properties to be bought and sold,” he said. “They’re buying cash flow and tax benefits. It’s not the sort of religious commitment that you hope to get from newspaper owners.”

The Star Tribune laid out this new form of “religious commitment” in its Wednesday story by Matt McKinney and Susan Feyder, who were assigned that uneviable job in journalism of covering the transgressions of their own paper. Here is their snapshot lead of how the nation’s second largest chain unloads its biggest newspaper:

“The Star Tribune’s new chairman is a Wall Street investor who says he’s driven by public service. Chis Harte is also a resident of Texas and Maine and a former newspaper executive who’ll be advising an investment group that has never owned a daily newspaper.

“A day after McClatchy announced the sale of the Star Tribune to a New York private equity group, there are more questions than answers about how the deal will reshape the newspaper and its community, and whether it will serve as a template for an industry in transition.

“Harte says he’s still trying to figure it all out himself.

“‘This whole transaction came together so fast, really in just the last week or so,'” Harte said. “‘At this point we just don’t know about things like my schedule.'”

The heads on the story synopsize the point about reshaping the newspaper and the community: “Twin Cities will lose Star Tribune Foundation” and “Sale could reset the bar for newspaper deals–lower.”

Well, we can get a little idea right here in the Bay Area about this kind of “reshaping” and “religious commitment.”
Only by reading the New York Times, the Wall Street Journal, the LA Times, and the many stories on Chain Links, the online network of the Newspaper Guild, (some links below), can you find out much of anything about this sorry deal. Not by reading the WLSBs in the local Hearst/Singleton press. And so once again we urge you to sign up for Chain Links and get the stories the local monopoly papers won’t print.

Full disclosure: we want to get the documents of collaboration of Hearst and Singleton and the other chains in the Bay Area monopoly deai (McClatchy, Gannertt, Stephens), and shed as much light as possible on the march of the Galloping Conglomerati. That’s why the Guardian and the Media Alliance, represented by the First Amendment Project, went into federal court last week to try to unseal the documents in Reilly vs. Hearst et al, the only real impediment remaining to unraveling the Hearst/Singleton deal and the fallout from the Knight-Ridder sale to McClatchy. Wish us luck. B3

P.S. I sent an email over to Ken Howe, editor of the Chronicle business section, asking him why the Chronicle did not run a story on the McClatchy sale. He had not responded by blogtime. I am sending a copy of this story (and the Nick Coleman column) to Hearst corporate in New York via Chronicle publisher Frank Vega and Editor Phil Bronstein. Will they comment? Will Hearst ever allow a Nick Coleman-type column in its paper or website SF Gate or its blogs? Will they allow David Lazarus to get to the bottom of it all in his excellent business column? Or Phil Matier aand Andy Ross…Or?…Or?…

P.S. 2: Note to the newspaper unions: the stories you are running on Chain Links are owner oriented stories, with almost no quotes from people from the community or journalism or law professors or union spokespeople. Do the unions have any comment or stories of its own that it can pass along? Any more Nick Coleman type columns?

ChainLINKS
The Star Tribune
The Minneapolis Star Tribune
The New York Times
Editor & Publisher

Wifi wars

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› sarah@sfbg.com


Representatives of Google and EarthLink showed up at the Glen Park Recreation Center on Dec. 7 to push their plan to blanket the city with a wireless network they claim will provide free Internet for all. It was one of a dozen such dog and pony shows around the city this fall as the proposal heads for a decision by the Board of Supervisors, which will also consider municipally controlled alternatives to this public-private partnership.


Google’s Dan Zweifach kicked off the presentation by describing a world in which "you can make an international call for free, download music in Golden Gate Park, or check the Muni schedule from a bus station."


It’s an intriguing concept that faces challenges unique to San Francisco’s hilly, fog-prone, and built-out topography, which could interfere with wi-fi signals. To address these challenges, EarthLink’s Stephen Salinger told the audience of a dozen, his company plans to affix 40 wi-fi nodes (boxes that exchange signals with computers and other wi-fi devices) per square mile atop 1,500 light poles citywide.


At least that’s the idea. "If the poles aren’t city-owned resources, we have to negotiate with the private owner," Salinger explained, noting that the city owns about half the light poles and Pacific Gas and Electric owns the rest.


The proposed wi-fi blanket is projected to cost $8 million to $10 million to build and millions more to manage, with EarthLink in charge of the nodes and Google buying bandwidth from EarthLink so it can offer free wi-fi access throughout San Francisco’s almost 50-square-mile service area.


But what exactly does free wi-fi access mean? According to Zweifach and Salinger, access will be "completely free to the city and to taxpayers," just as Mayor Gavin Newsom promised in 2004. Unless, that is, people want faster access, in which case they can shell out $20 a month for EarthLink’s premium service.


"At 300 kbps, the basic service should be fast enough to download music or videos, but it could be a little slower, which is why we have the premium service," Salinger said. "The more people connect, the more speed and quality decreases."


Whether the free service will actually be a bait and switch is just one of many concerns critics of the proposal have raised. Some don’t trust the profit-driven corporations, some don’t like the wi-fi technology, and others criticize the sometimes-secretive process that led to the selection of Google and EarthLink. The supervisors have meanwhile ordered studies for a municipal broadband system and a municipal wi-fi system, both due back early in 2007, about the time when the Google-EarthLink system is expected to come to the board for approval.


The community meetings were designed to address myriad concerns, such as whether the wi-fi system will come with enough training and support so all residents will be able to use it. "We’ll partner with local businesses and individuals who want to get involved," Zweifach said. "We have 109 languages that people will be able to access. We’ll provide multilingual training."


That said, Zweifach noted that Google is only pledging online tech support, meaning those wanting phone support will have to sign up for EarthLink’s premium service.


Grilled about privacy concerns, Zweifach claimed, "We don’t track or look at Web sites that anyone visits, but we do look at the number of computers accessing a node. But there’s not much personal information needed to access the service. Just an e-mail address, a user name, and a password, so it’s more anonymous than most."


"But if you’re using our premium service, we’ll have your billing information," Salinger interjected, adding that with 5.3 million customers, "EarthLink is at the forefront of protecting privacy."

When a self-professed cancer survivor in the Glen Canyon audience accused Zweifach and Salinger of "discussing everything except health effects of blanketing SF with electromagnetic radiation," Zweifach countered that "wi-fi nodes are low-power devices, much like garage door monitors, which, if you were at the same level at a distance of 10 feet, would have 100 times less radiation than a cell phone. At streetlamp level, and therefore not on the same level as people, they have 1,000 times less radiation."


Reached by phone the following week, Ron Vinzon, head of the city’s Department of Telecommunications and Information Services, waxed enthusiastic about free wi-fi, a concept Newsom has promoted since his October 2004 State of the City speech.


"DTIS’s goal is to make sure we have ubiquitous service 24-7, whether you’re on the top of Twin Peaks or over at Cayuga Park," Vinzon told the Guardian. "We’re going to do the necessary testing to make sure it works well in all areas of San Francisco and that the entire city has reliable service. The only issue will be speed, not access."


But while Google-EarthLink hopes to secure a four-year contract with an option to renew three times, Vinzon said the city wants a flexible deal, "so that in four years we can do another needs assessment and the city would have the option to buy out EarthLink’s network at a fair market rate."


Asked about the possibility of an alternative digital universe in which the city would deliver free Internet access via municipally owned fiber-optic lines, Vinzon sounded slightly nonplussed. Specuutf8g that a wi-fi network could be up and running in 12 to 18 months while the municipal fiber route could take four years to roll out, Vinzon asked, "How many generations of kids do we want to see left out? When I talk to teachers, it’s clear who has a computer and Internet access at home. Those without are not doing as well. So we don’t want to address this in four years. We want to address it now. Doing municipal on the back of those who don’t have access right now is unfortunate."


Acknowledging that for wi-fi access to be truly meaningful, residents will need training and hardware — "If you don’t know how to use or even have a computer, obviously you won’t be able to bridge the digital divide," — Vinzon added that the city will release plans in the next couple of weeks to address digital inclusion concerns.


But with an officially commissioned report on municipal fiber set to thud onto the supervisors’ desks in January 2007, questions clearly remain as to whether the city would be better off rushing into a private partnership to put a wireless and not entirely free cloud over the city or taking its time to explore a system that could prove more reliable and ultimately less expensive in the long run. *

The bigger picture

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Considering the potential impacts of the First DataBank litigation, which easily reach the billions of dollars, and the evidence that two companies with big footprints in San Francisco (Hearst, which owns the Chronicle, and McKesson, one of the city’s biggest corporations) may have conspired to cheat consumers, this story has gotten very little press coverage.

And the news reports that have run have missed some major points.

The suit, brought by a group of unions scattered over the northeastern United States, charges that McKesson Corp, and First DataBank, a publication owned by Hearst, conspired to artificially and arbitrarily raise prescription drug prices costing health plans (such as the ones maintained by the plaintiffs’ unions), private insurers and state Medicaid offices approximately $7 billion between 2001 and 2005.

Pharmaceutical industry publications have covered the news, but otherwise, it has been relegated to the business press (the Hearst-owned Chronicle caught up to the story weeks after the plaintiffs proposed a settlement deal with First DataBank and dumped it in the business section).

When such stories are assigned to a business reporter, they can take a different dimension. The business press has a tendency to focus on how this type of litigation might negatively impact Wall Street — rather than emphasizing how class-action suits are a tool for consumers to pursue relief when they believe Big Pharma (or any major corporation for that matter) has broken the law.

Some flaws in the coverage and facts that the press hasn’t played up are listed below:

* A McKesson spokesperson told the Chronicle that the company “would certainly support a move away from [average wholesale price] that created a more logical and stable reimbursement structure for all parties in the health-care system.” But the plaintiffs contend, relying on an untold number of internal e-mails and memos obtained by their attorneys, that McKesson and First DataBank both knew exactly what was going on and actively worked to keep it a secret. McKesson flat-out denies it knew anything about what was happening to First DataBank’s published average wholesale price. But according to one e-mail cited in legal papers, the alleged scheme was so controversial that the two companies scorned drug producers who smelled legal trouble after becoming aware of it and attempted to back away.

* McKesson today is still working to recover from a $9 billion accounting scandal that in 1999 led four executives from a subsidiary to plead guilty to conspiracy and securities fraud and nearly landed two more behind bars before a federal jury deadlocked on three charges with a single holdout vote. U.S. Attorney Kevin Ryan has not yet announced whether his office will attempt to retry the two men.

* In 1998, the Federal Trade Commission blocked attempted mergers by the nation’s four largest drug wholesalers, which would have reduced the number to two. McKesson wanted to acquire the company AmeriSource Health Corp., and a company called Cardinal Health attempted to acquire Bergen Brunswig Corp. AmeriSource and Bergen did, however, ultimately merge with one another bringing the number of major wholesalers to just three. Even though the original deal was stopped, McKesson quietly revealed in 2005 through a Securities and Exchange Commission filing that the FTC had requested documents from the company and was investigating whether it had engaged in anticompetitive practices with other major wholesalers in order to limit competition. At the time that McKesson and Amerisource’s proposed merger was halted in 1998, then FTC-director William Baer expressed serious concerns about two corporations dominating a substantial portion of the drug wholesale market. “If allowed to merge into two firms, the two surviving companies would control over 80 percent of the prescription drugs sold through wholesalers in the country,” he said at the time. “That means higher prices for prescription drugs and a reduction in the timely delivery of these drugs to hospitals, nursing homes and drugstores, which could affect patient care.”

* First DataBank has had its own problems with the FTC. The company was founded in 1977, and Hearst purchased it in 1980. Federal records show that in 1998, Hearst bought another $38 million company that owned one of First DataBank’s only real competitors, Medi-Span. A later investigation by the FTC revealed that Hearst had failed to turn over key documents to the Justice Department’s antitrust division during the sale. As a result, the feds slapped Hearst with a $4 million fine in 2001, at that time the largest pre-merger antitrust penalty in U.S. history. The FTC also belatedly concluded that Hearst’s ownership of Medi-Span gave it a monopoly over the drug database market and not only required that Hearst give up Medi-Span but forced the company to disgorge $19 million in profits generated from the acquisition.

* Anthony Wright, executive director of Health Access California, a health-care reform non-profit based in Oakland, told us that in past years, the state legislature has been more likely to cut the Medi-Cal budget than to look seriously at how the pharmaceutical industry might be manipuutf8g drug prices. He said only after a tough battle in Sacramento this year were Medi-Cal cuts originally supported by both Democrats and Republicans stopped. “From a state perspective, when faced with a budget shortfall, it is easier to look first at simply providing less services than the politically and operationally tougher job of trying to find savings from drug companies or others,” he said. In recent years at least, several state attorneys general, including California’s Bill Lockyer, began probing evidence that the average wholesale price was not only known to be an inaccurate benchmark by industry insiders for drug reimbursements, but that manufacturers, too, had participated in infutf8g those prices in a method similar to what McKesson is alleged to have done. Health-care policy wonks say the average wholesale price has been a problem for decades.

Schemes such as the one alleged in the First DataBank litigation are highly complex, making it difficult for laypersons to identify them. Unfortunately reporters and editors have also been known to avoid such stories like the plague, because they’re seemingly too difficult to summarize and not as sexy as local crime and celebrity gossip — even though billions of dollars could be at stake.

Judge slams daily-paper monopoly

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It’s rare to see a federal judge slap down two of the nation’s biggest media corporations, accuse them in effect of lying and declare that their intentions are illegal. That’s what Susan Illston did Nov. 28 in a ruling that barred Hearst Corporation and Dean Singleton’s Media News Group from combining sales and business operations in Northern California.
It’s a stunning legal document: The judge exposes in some detail the plans of the two big companies to collaborate with each other on sales and distribution, undermining any pretense that there will be real competition in the Bay Area daily newspaper market.
The ruling came as part of a lawsuit by real-estate investor Clint Reilly, who is doing as a citizen what the state and federal justice departments have refused to do. He’s challenging the right of Singleton and Hearst to create a regional daily paper monopoly.
Reilly sued to block Singleton from buying the San Jose Mercury News, the Contra Costa Times, the Monterey Herald and some 30 other smaller papers, a move that would give the Denver media magnate a virtual monopoly on daily newspapers in the region. (Singleton already owns the Oakland Tribune and the Marin Independent Journal). Singleton’s lawyers argue that the deal isn’t actually eliminating competition, since the San Francisco Chronicle, owned by the Hearst Corporation, is still a major competitor. And in fact, in part of the basis of that argument, Illston rejected Reilly’s original attempts to put the deal on hold.
But there’s a strange aspect to the sale: Hearst put up $300 million to help finance the buyout, and in exchange was slated to get stock in some of Singleton’s properties outside of California. Reilly found that fishy, but at first, the judge disagreed.
But over the past few months, as Reilly’s lawyer, Joe Alioto, has sifted through a huge pile of discovery material, a key piece of evidence has come to light. It turns out that Hearst and Singleton quietly had a plan going to sell ads together and to combine their Bay Area distribution operations. In other words, the ostensible competitors were really going into business together.
“”The Hearst Corporation and Media News Group Inc. agree that they shall negotiate in good faith agreements to offer national advertising and internet sales for the San Francisco Bay Area newspapers on a joint basis,” an internal letter that Alioto uncovered states. The April 26, 2006 letter, from Hearst Senior Vice President James Asher to Joseph J. Ludovic IV, president of Media News, also states that the companies will work to “consolidate the San Francisco Bay Area distribution networks of such newspapers.”
That sort of arrangement is very similar to the joint operating agreements that were popular in the 1970s and 1980s. Under JOAs, two competing daily papers would combine their business functions while operating separate newsrooms. It was immensely profitable for the JOS publishers – and horrible for readers and advertisers. Without any ecnomic inventive to compete, the papers gave up on their duties as watchdogs of the public trust. The San Francisco Chronicle and Examiner operated under a JOA for many years.
The letter, Illson wrote, “casts doubt on the Court’s earlier finding that the San Francisco Chronicle is a strong source of competition for [Singleton’s] newspapers.” She added that the arrangements “appear inconsistent with the notion [cited by Hearst’s lawyers] that … Hearst ‘is specifically not going to be involved in [Singelton’s] Bay Area newspaper properties.’” That’s legalese for saying that the giant newspaper barons at the very least misled the court.
In fact, Illston states that she “is not wholly convinced that the arrangement now described by defendants would be legal.” The point: advertisers seeking to buy space in a Bay Area daily paper might wind up with having exactly one choice – the combined Singleton-Hearst operation – a situation that would violate antitrust laws.
“Such agreements, the mere existence of the letter, and the cooperation between Hearst and Media News they reflect, increase the likelihood that the transactions at issue here were anti-competitive and illegal,” Illson wrote.
In open court, Alioto argued that the Hearst-Singleton side deal was the lynchpin that made the entire complex purchase deal possible. That would mean that from the start, officials from Hearst and Singleton had agreed to join forced and end daily competition in the Bay Area.
Illston didn’t toss out the entire Singleton deal, ruling that if Reilly succeeds in proving the deal illegal, it can be undone later. But she did issue a restraining order blocking the parties from entering into any of the joint operations that were described in the April 26 letter.
The amazing thing about all of this is that it came to light only because Reilly was willing to put up his own money to take on the case. The U.S. Justice Department was happily allowing it to sail forward. California Attorney General Bill Lockyer had done nothing to toss even a pebble in the path of the merger steamroller. That’s not just terrible public policy – it’s embarrassing. With this new evidence now available, Lockyer and the feds should immediately go into court and join with Reilly to seek a permanent injunction against the entire deal and to force Singleton to divest some of his properties so that some semblance of competition will exist in the local daily newspaper market.
The ruling raises a troubling question: What’s in all of the other secret documents are out there? What other plots and plans were the newspaper owners hatching? We don’t know – because the publishers, who love to describe themselves as staunch supporters of open government, have demanded that every piece of paper in the case be kept under court seal. That’s wrong: The papers certainly can’t claim that competitive trade secrets are at issue, since they clearly had no intention of competing. So why the secrecy? Judge Illston should lift the seal and open all of the records in this case to the public.

PS: The mighty U.S. Justice Department can lock 24-year-old Josh Wolf in prison for standing up to his First Amendment rights, but can’t seem to lift a finger against big newspaper publishers. Lovely.

EDITOR’S NOTES

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› tredmond@sfbg.com
Like far too many liberals, I spend far too much time listing to NPR, which can lead to a special kind of brain rot: I once actually sat through an hour-long program on Mormon folk songs that included a long, upbeat, and respectful ode to Brigham Young “and his five and 40 wives.” Jesus, that’s a lot of wives.
But there are things I love, and Science Friday is one of them. While I was fighting the traffic on my way back from a friend’s house in Healdsburg last week, I heard a fascinating interview with Michael Pollan, the UC Berkeley journalism professor who’s written a series of New York Times articles and now a book on how truly weird food production is in the United States in 2006.
Of course, everyone was digesting a big Thanksgiving dinner, and Pollan wasted no time getting to his thesis: if we are what we eat, then most of us are a mixture of corn and petrochemicals.
He’s got evidence of this too: he has a friend in the biology department at Berkeley who ran a bunch of samples of fingernail and hair clippings from students and learned that much of the carbon that makes up the basic organic structure of a lot of human bodies can be traced back to one Midwestern grain and some fossil fuels.
The cow or turkey or pig you ate was fed with corn. The sugar in the salad dressing came from corn. The calories in the sodas the kids were drinking came from corn. And the corn came in part from ammonium nitrate fertilizer, which came from petroleum.
The point of all of this is that America has created a monocrop food system (well, duocrop — a lot of the animal protein that we eat comes from soybeans). That’s not healthy for a long list of ecological reasons — and it’s really bad for the economy.
The thing is, very little of what we eat comes from anywhere near where we live. Iowa, one of the most agriculturally productive parts of the world, imports almost all of its food these days. The corn grown in the state is shipped to giant centralized animal feedlots, which ship meat elsewhere.
I mention all of this, which is hardly news to a lot of people, because it plays into something that’s going on the first week in December in San Francisco. Dec. 4 through 10 is Shop Local First Week, which sounds kind of like small-town-Chamber-of-Commerce-boosterish stuff (and indeed, Mayor Gavin Newsom, who clearly isn’t paying attention, has formally endorsed it), but there’s a lot more behind this. The Business Alliance for Local Living Economies, which sponsors the event, actually has a fairly radical economic platform emphasizing how local merchants — and not big chain stores and other out-of-town corporations — benefit local economies. In the food world, that means buying stuff grown somewhere near you (not hard around here). In the arena of holiday shopping (and consumer behavior in general), it means patronizing locally owned outfits — and not giving your dollars to the chains.
Our main news story this week (see “The Morning After,” page 18) illustrates well how big chain owners operate: the combine owned by Dean Singleton, which now controls almost all the big papers in the Bay Area, is laying off journalists and (maybe) outsourcing jobs to India. The San Francisco Chronicle is outsourcing its printing, killing the local press operators union.
And the money all leaves town. SFBG

Drilling Mexico

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› news@sfbg.com
Macuspana, Tabasco, Mexico — The billboard posted along the scrubby highway running east in the sultry southern state of Tabasco displays lush jungle, a sun-dappled iguana, and a flock of dazzling macaws. “We’re working for a better environment” the giant road sign radiates.
The leafy graphic contrasts starkly with the blighted scenery of this tropical state, where rivers have been contaminated, the fish envenomed, and the corn fields blasted by acid rain that drips from the polluted sky thanks to the efforts of Petróleos Mexicanos (PEMEX), the national oil monopoly and its multiple transnational subcontractors. It is a testament to the fact that Tabasco holds Mexico’s largest land-based petroleum deposits.
But the billboard here in Macuspana — the swampy, oil-rich region settled by the Chontal tribe — was not posted by the Environmental Secretariat to inspire conservationism or even by PEMEX to burnish its tarnished image. No, this pristine scene is signed off by a familiar name for the United States: Halliburton de Mexico. The Houston-based petroleum industry titan’s south-of-the-border subsidiary is PEMEX’s largest subcontractor. Vice President Dick Cheney’s old megacorporation and the largest oil service provider on the planet has been doing business in Mexico for many years.
The privatization of PEMEX, nationalized in 1938 after depression-era president Lázaro Cárdenas expropriated Caribbean coast oil enclaves from Anglo American owners, was right at the heart of Mexico’s still-questioned July 2 presidential election. Right-winger Felipe Calderón, a former energy secretary, is committed to selling off Mexico’s diminishing oil reserves — or at least entering into joint agreements that would guarantee private corporations a substantial quotient of them (the reserves have only 10 more good years, according to the worst-case scenario).
On the other side of the presidential ledger, leftist Andrés Manuel López Obrador, a native of Macuspana who many Mexicans believe actually won the presidency, advocates maintaining the state’s control over PEMEX, an entity that pays for more than 40 percent of the Mexican government’s annual budget, on the grounds that the oil wealth of the nation belongs to the Mexican people and no one else.
Knowing full well which side their bread was buttered on, transnationals like Halliburton rushed to support Calderón — as did Cheney, the corporation’s former CEO (1995–2000), and his running mate, George W. Bush. Both Cheney and Bush have long-standing ties to the Mexican oil industry. Bush’s daddy ran Zapata Offshore, a PEMEX subcontractor, back in the 1960s. His partner Jorge Diaz Serrano, a former PEMEX director, served prison time for an oil tanker kickback scheme. Cheney’s Halliburton somehow finagled its way into lucrative service contracts for the newly opened offshore Cantarell field (said to contain upward of 12 billion barrels) back in the 1990s.
How Halliburton got in on the ground floor smells fishy to National Autonomous University professor John Saxe-Fernandez, who tracks strategic resources. The Cantarell contracts were assigned while Cheney was running the show in Houston. At the same time, the Texas conglomerate was busy across the Atlantic allegedly bribing Nigerian oil officials, according to press reports and a French magistrate.
The truth is the debate about privatizing PEMEX is no longer much of a debate. PEMEX has long since subcontracted virtually its entire exploration and perforation divisions to transnationals such as Halliburton, Fluor-Daniels, and the San Francisco–based Bechtel, leaving PEMEX a virtual shell.
Cheney’s old outfit has grabbed the lion’s share of this billion-dollar prize. Between 2000 and 2005, Halliburton picked up 159 contracts with PEMEX’s Perforation and Exploration division for a total of $2.5 billion, about a quarter of PEMEX’s annual operating budget, according to Saxe-Fernandez. The contracts cover everything from drilling slant and vertical wells to maintaining offshore platforms to logging out a jungle for the drilling of 27 turnkey wells in Tabasco and Chiapas.
With 1,250 employees and thousands of contract workers, Halliburton de Mexico has offices in Ciudad del Carmen, Campeche (the fast-shrinking Cantarell operation); Reynosa Tamaulipas, where Cheney’s boys are helping to exploit the Burgos natural gas fields; and Poza Rica Veracruz, a region in which Standard Oil’s Harry Doherty and Lord Cowry (Weetman Pierson), owner of what eventually became British Petroleum, once ruled with an iron fist and where Halliburton is now combing through what is left of its old Chicontepec field.
Halliburton also maintains offices in Mexico City and Villahermosa Tabasco, from which it oversees its off- and onshore Caribbean domain. Mexico’s Gulf Coast is not Halliburton’s only Caribbean operation. The KBR (Kellogg Brown Root) division of Cheney’s conglom built 207 cells at Guantánamo Bay, Cuba, in 2002 to house so-called enemy combatants.
Halliburton has had a boot planted in the rebel-ridden state of Chiapas since 1997, three years after the Zapatista Army of National Liberation (known in Mexico as the EZLN) rose up and declared war on the Mexican government after the conglom built a natural gas separation plant in the north of that southernmost state. In 2003, Halliburton won a $20 million contract to expand natural gas infrastructure at Reforma — autonomous Zapatista communities lie south and east of the Halliburton installations.
Both PEMEX’s and Cheney’s associates have their eyes on Chiapas — ample reserves lie under the floor of the Lacandon jungle in areas where the Zapatistas have established their caracoles, or public centers, according to studies by National Autonomous University political geographer Andrés Barreda. Indeed, the first battle between the EZLN and the Mexican military took place near a capped well at Nazaret in the canyons that lead down to the jungle floor near where the Zapatista Road to Hope (La Garrucha, the autonomous municipality of Francisco Gomez) now sits.
According to closely held PEMEX numbers unearthed by Houston oil investigator George Baker, Nazaret was putting out a million cubic feet of natural gas a day when it was capped back in the early 1990s. If Halliburton had been in the picture then, it probably would have picked up the contract, and Dick Cheney, an avid if erratic hunter, would have gotten a chance to exterminate many endangered Lacandon jungle species.
In a religious mood, Cheney once wondered out loud why God did not put the oil under democratic countries, and with that mission in mind, he has set out to democratize foreign oligarchies. His endeavor to bring democracy to Iraq has resulted in more than 50,000 Iraqi dead, civil war, devastation and destruction in every corner of the land, and the systematic sabotage of that nation’s petroleum infrastructure.
Now Cheney and his Halliburton associates say they are democratizing Mexico, having aided and abetted the stealing of the presidential election from López Obrador in favor of Calderón, who would privatize PEMEX. As a member of the Council of Communication, which groups together transnationals doing business in Mexico, Halliburton helped pay for a vicious TV campaign that featured defamatory hit pieces tagging López Obrador a danger to Mexico. Because only political parties can mount such campaigns, Halliburton’s participation was patently illicit, according to Mexico’s highest electoral tribunal.
Planted outside Halliburton de Mexico’s offices in a soaring skyscraper overlooking Paseo de Reforma, where López Obrador’s people would soon be encamped last summer, 80-year-old former oil worker Jacinto Guzman remembered the great strikes (his father was a striker) that had impelled Cárdenas to expropriate the Caribbean complexes where Halliburton now rules — and bemoaned the depredations of Cheney and others of his ilk against what belongs to the Mexican people.
Dressed in a wrinkled suit and hard hat, the old oil worker said he was even more vexed by Halliburton’s participation in the smear campaign to vilify López Obrador.
As he told me, “The gringos think they own our elections too.” SFBG
John Ross is the Guardian’s correspondent in Mexico. His latest book is ZAPATISTAS — Making Another World Possible: Chronicles of Resistance 2000–2006.

The morning after

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› gwschulz@sfbg.com
The plight of newspapers is a popular news story these days, from a late-August cover package in the Economist (“Who Killed the Newspaper?”) to National Public Radio’s On the Media last week (“Best of Times, Worst of Times”).
It’s usually told as the story of an industry on its deathbed, bleeding from self-inflicted wounds and those delivered by Wall Street, Main Street, Craigslist, and the blogger’s laptop. Ad revenues have nose-dived in recent years. Circulation is down nationwide. Journalism scandals and shortcomings have damaged the whole profession’s credibility.
And staff newspaper blogs alone won’t be enough to bring a new generation of tech-savvy Americans back to hard-copy publications that even smell stodgy and old.
Yet the bottom line is still the bottom line. The truth of the matter is that many publicly traded newspaper companies have healthy profit margins ranging between 15 and 20 percent. But the tendency of the doom and gloom business press to sensationalize bad news may actually make things easier for William “Lean” Dean Singleton, the cost-cutting king of Denver-based MediaNews Group, which recently announced a round of staff reductions at its Bay Area newspapers. The cuts came amid claims of a massive dip in ad income just a few months after Singleton promised that his company’s buyout of local newspapers wouldn’t diminish the quality or quantity of journalism here.
“Given continued declines in revenue, we need to reduce expenses significantly, and thus have no alternative but to implement a reduction in [the] work force,” George Riggs, who was recently appointed to lead the company’s Northern California operations, told employees in a memo Oct. 20. Several such memos have now been posted on the Internet.
If this is how quickly the news biz can turn ugly, it’s a wonder MediaNews was attracted to print journalism in the first place. Who knows what newspapers around here will look like in another few months? How much fat can they trim before they start hitting bone?
They aren’t just cutting staff. The Bay Area’s newspaper establishment is now outsourcing work to circumvent those pesky labor unions. The press operators’ union at the San Francisco Chronicle — which was the sole union holdout against management’s demand for expanded control and decreased benefits — could disappear in three years as a result of a new printing contract with a Canadian company. MediaNews recently announced plans to outsource ad production positions to India.
Consolidation already has amounted to fewer reporters covering individual stories that are distributed to several publications, including at least one story about the latest layoffs. That means fewer editorial perspectives on key public policies (and possibly fewer editorial positions) for readers in a market that’s notorious for its high intellectual demand and robust political participation.
Only an ongoing federal Justice Department investigation and a civil lawsuit threaten to slow down big changes going on at the Bay Area dailies. A federal judge ruled just before deadline in real estate mogul Clint Reilly’s antitrust claim against the Hearst Corp., publisher of the Chronicle, and MediaNews that for now, at least, the two could not combine circulation and advertising operations to save money.
The companies had secured a court order sealing key records unearthed during discovery, including depositions and exhibits, citing the right to protect confidential trade secrets. It’s an ironic move for a group of papers that have regularly sued government agencies for public records and made a great show of their First Amendment pieties.
Federal Judge Susan Illston on Nov. 28 blocked the two companies from merging some advertising and distribution operations, a consolidation she said was probably illegal under antitrust laws. And she sounded her concern that Hearst isn’t the “passive equity investor” it had represented itself in court to be. She also revealed the contents of letters written in March and April by company executives: “Hearst and MediaNews will enter into agreements to offer national advertising and internet advertising sales for their Bay Area newspapers on a joint basis, and to consolidate the Bay Area distribution networks of such newspapers, all on mutually satisfactory terms and conditions, and in each case subject to any limitation required to ensure compliance with applicable law.” (For more extensive information on the ruling and related coverage, see www.sfbg.com.)
For those who regard newspapers as more of a public trust than an engine for deep profits, the future is starting to look a bit unsettling.
When Singleton expanded his control over the Bay Area threefold last summer, he temporarily quelled some discontent by assuring skeptics that there were no planned changes in staffing and salaries as a result of the transactions.
“We’re looking forward to doing a lot of good things here in Northern California,” Singleton told San Jose Mercury News staffers, according to the paper’s story on the buyout.
But employees at the papers still had every reason to be nervous about Singleton’s $1 billion takeover of the Contra Costa Times, the Mercury News, and other papers from the Sacramento-based McClatchy Co.
MediaNews already owned the Oakland Tribune, the San Mateo County Times, and the Marin Independent Journal among others in California before it carved excess properties out of McClatchy, which had grown too large following its purchase of the Knight Ridder chain earlier this year.
The purchases allowed Singleton to seize almost complete control of 14 metropolitan and suburban media markets. The only remaining daily print competitor in the Bay Area was the Chronicle and its parent company, the Hearst Corp., which subsequently purchased $300 million in MediaNews stock, a deal the feds are still investigating. When the transaction with Hearst was finalized, top executives at MediaNews were collectively awarded about $2 million in bonuses.
Some profiles of Singleton have depicted him as a good old-fashioned newspaper journalist, but knowing his cost-cutting reputation, only a fool would assume there were no plans to consolidate major operating functions to save money regardless of any promises made. Singleton has always been more about business than news.
Clustered ownership and shared management were prominent features of the company that MediaNews presented to investors at a Deutsche Bank “Global High Yield” conference in October. An April letter that reappeared in federal court last week during a hearing in Reilly’s suit confirmed that MediaNews and Hearst hoped to shed costs by possibly combining circulation and advertising operations.
Layoffs are also a big part of Singleton’s MO. Respected but tough Contra Costa Times editor Chris Lopez was let go in October because he’d become “redundant,” according to a memo company executive John Armstrong sent to employees.
“That came as a shock to a lot of people in the newsroom,” one source at the paper told the Guardian. Known for handing cash rewards out of his wallet to reporters who nailed concise stories for the front page, Lopez had attempted to play down Singleton’s reputation when the purchases were announced. Lopez had been at the paper for more than six years and had helped earn Singleton a Pulitzer Prize during a six-year stint at the company’s flagship Denver Post, received for its coverage of the Columbine shootings.
“In better times, we might have found a way to ignore an extra position or two or even three,” Armstrong wrote in the memo.
Lopez insisted to the Guardian in a phone interview that he had proposed his own termination to ease anticipated cuts elsewhere.
“My layoff from the paper was not unexpected,” Lopez said. “It caught the staff off guard, but I saw it coming. I made the recommendation. I was trying to save some jobs in the newsroom.”
The loss of an experienced editor may have saved some jobs … for now. But maybe not for long. Reporters have been asked to summarize their beats for managers to determine how they can cover single subjects for a number of papers. The idea seems to be maximizing staff output rather than ensuring broad coverage of the communities.
A story about Lopez’s departure written by a Times reporter also appeared on the Merc’s Web site. MediaNews is also looking into multimedia deals with local TV stations and arming reporters with cameras for podcasts, one source told us.
Armstrong told the Guardian in a phone interview that opinion columnists, for instance, could still cover the same stories. “But we had found some situations where reporters were sent to the same events like Oakland [Raiders] away games.” He said offering buyouts to staffers has been “successful,” but it wasn’t enough to stem declining revenue, triggering the need for “involuntary” layoffs.
All of this may make sense from a strictly economic perspective. After all, doing more with less is a widely accepted imperative for profit-driven corporations. But there is a public price that will be paid for this reality: Bay Area citizens will get less original reporting and fewer perspectives on the news.
A former senior staffer at a major Bay Area daily wrote an open missive outlining recent major stories covered by fewer reporters: “Three months after MediaNews Group added two major Knight Ridder dailies to its far-flung Northern California newspaper group, news coverage is well on its way to being homogenized in this formerly competitive market.”
The observation is borne out by a Guardian survey of three major MediaNews papers. Out of 10 top recent cultural and political stories in the Bay Area, nine were covered by the same reporter, who wrote the same article for all three papers. (For details, visit www.sfbg.com.)
Under the recent layoff announcement, the Merc could lose up to 101 employees, half from its newsroom, while more than 100 business-side positions will be reportedly moved to a new, nonunionized San Ramon office of the California Newspapers Partnership (CNP), a consortium of companies including Gannet Co. and Stephens Group that helped MediaNews fund its recent purchases. The centralized San Ramon space could continue to fill up with employees from the business side of the papers who have been forced to reapply for their jobs under the CNP corporate moniker. They would presumably fall out from under union protection.
The company’s Peninsula and East Bay papers saw cuts across their operations from Walnut Creek to San Mateo. Armstrong told the Times the layoffs were “broad but not deep.” East Bay Express writer Robert Gammon, a former Tribune reporter and union organizer, revealed in early November that MediaNews planned to leave behind the Tribune’s historic downtown tower and move many of its staffers to the San Ramon office. News-side functions could be moved to a cheaper spot across from the Oakland Coliseum.
“The question is how do we continue to put out a paper people want to read if we continue to cut further?” Luther Jackson, executive officer for the San Jose Newspaper Guild, which represents almost 500 workers at the Merc, asked the Guardian. “I have a concern that when newspapers face increased competition for advertising, why are we cutting service? Does it work for readers? Does it work for advertisers?”
The Bay Area isn’t alone. In the complex transactions that took place over the summer, Hearst bought the St. Paul Pioneer Press from McClatchy and shifted it to MediaNews in exchange for stock in the company. At the Pi Press, as it’s known in Minnesota, 40 positions were cut in November. A MediaNews paper in Los Angeles, the Daily News, recently axed its publisher and 20 other workers.
MediaNews enraged union workers at the Merc when it offered them a contract during September negotiations that was unlike anything they’d seen at the paper before. The company has since toned down some of its harsher demands but asserted that if a tentative agreement were accepted by Nov. 30, the Merc might see fewer layoffs, Jackson told the Guardian.
The proposal would grant management the right to modify insurance coverage without telling the union, freeze the paper’s pension plan and replace it with a 401(k), and change the types of work that could be assigned to nonunion employees. It would also allow the paper to hire new workers at “market-rate” salaries, which means their pay increases could be capped at lower rates.
The company may choose to simply not replace costly veterans who are retiring or accepting buyouts, meaning cub reporters could find themselves with fewer seasoned mentors around to help teach them government and private sector watchdogging.
The guild foresees losing nearly 200 members if the full number of layoffs and worker transfers are carried out. And many guild members fear it may also mean the beginning of the end of newspapers as we know them.
Corporations have the right to see to their bottom lines. But communities and individuals also have a right to the fruits that independent, competitive journalism bestows. And that’s the right being asserted now in civil court by Clint Reilly.
While federal and state investigators have largely been idling, Reilly sued Hearst, MediaNews, and its other business partners last summer. He asked Judge Illston to temporarily halt the transactions until the trial begins in his antitrust claim against the companies. She denied Reilly’s initial request for a preliminary injunction, in part because the Hearst investment had not been officially inked, even though the trial isn’t expected to start until this spring.
In her opinion, however, she suggested parts of the deal were troubling and has not ruled out forcing MediaNews to give up some of its newly acquired assets. Earlier this month Reilly’s attorney, Joe Alioto, again asked the judge for an injunction. The renewed appeal was inspired in part by the recently announced job cuts.
The plaintiffs are arguing Hearst and MediaNews previously withheld a letter from the court that the two companies had signed agreeing to discuss the possibility of combining some circulation and advertising functions to save money. In his request Alioto told the judge the companies were “rapidly consolidating, commingling, and irrevocably altering their San Francisco Bay Area newspapers so as to frustrate this Court’s ability to provide an effective remedy for their antitrust violations.”
During a tense hearing last week on the matter, Alioto asked that top Hearst and MediaNews executives be ordered to testify immediately. He suggested Hearst’s board of directors would never have agreed to invest $300 million in MediaNews if it couldn’t also merge distribution and ad sales with its competitor.
“I don’t think there is any doubt that they intend to end up with newspapers that are very different than they are today,” Alioto said. He wants any such discussions stopped by the court, adding, “We believe they intend to wipe out the possibility of any of these papers to remain freestanding. These papers will not be the same within a very short amount of time.”
Hearst attorney Daniel Wall angrily fired back that no one was trying to deceive the court with a price-fixing agreement and that the companies were merely discussing the possibility of “pro-competition collaboration,” which Wall described as a business partnership lawfully permitted by the Justice Department. He disclosed that the Chronicle was bleeding millions of dollars annually, partially because of lost revenue to the Web, and exclaimed that drastic cost reductions were necessary to keep the paper alive.
“These are tough times for newspapers, and they need to take cost out of the system,” Wall told the judge. “They need to find new revenue streams.”
Hearst has already faced something akin to all of this before. Reilly sued it in 2000 when the company bought the Chron and attempted to nix competition by shutting down its long-held San Francisco Examiner. Reilly didn’t block the deal, but the Justice Department forced Hearst to keep open the reliably conservative Examiner, today owned by another Denver-based company.
This week Illston ruled that Hearst and MediaNews must temporarily stop any agreements to combine advertising sales and distribution networks until Dec. 6, when she’ll decide whether to extend her prohibition on merging business operations.
Reilly has emerged over the last decade as a serious pain for corporate media executives and unshakable critic of concentrated newspaper ownership in the Bay Area. His most recent lawsuit charges that the Hearst and MediaNews partnership would dilute fair competition and limit alternatives for both readers and advertisers.
“They started the blood flow with the firings,” Alioto told reporters after the hearing. “We think when they’re done with this they’re going to have entirely different newspapers.”
Recent job losses don’t stop at just MediaNews. The Chronicle is getting in on the action too.
Divisive contract negotiations between the Chronicle and the Web Pressman and Prepress Workers Union Local 4 over the last two years ended recently when the union “reluctantly approved” an agreement, union treasurer Paul Kolter told us. The union was the last holdout at the paper to accept drastically reduced workers’ rights.
By successfully pushing its will on the unions, Hearst has virtually ensured that the press operators won’t pose much of a threat to the company anymore, because around the same time it signed a $1 billion outsourcing deal with the Canadian printing company Transcontinental.
The union’s new contract is up in about three years, and there are no assurances Local 4 will have any workers in the new plant Transcontinental has promised to build. That could mean the end of its relationship with the Chronicle and about 225 workers from the paper that it represents.
The previous contract ended in the summer of 2005, and under the paper’s new publisher, Frank “Darth” Vega, management called for drastic cuts in salaries and benefits. The two groups spent several intervening months battling over the proposed changes.
In July, Vega prepared the paper for a strike, issuing a memo that outlined exactly how to keep the paper operating throughout a work stoppage, and hired a notorious security firm that specializes in handling labor disputes.
The union points out that while the Chronicle complains of massive financial bloodletting, its parent company, Hearst, has somehow scraped together enough money for a brand-new $500 million office building in midtown Manhattan, the construction of which was completed over the summer. The company also sold the sprawling 82,000-acre ranch that surrounds Hearst Castle to the state early last year for nearly $100 million. It was once home to the notoriously belligerent and imperialistic newspaper magnate William Randolph Hearst.
Union members say there are wide ramifications to what’s happening here. In July the World Association of Newspapers published a report describing how more news services globally, including the New York Times, were outsourcing major tasks, even news reporting, to save money.
“There are a lot of labor unions that have an interest in what is happening with us,” Local 4 organizer and press operator Bruce Carlton told members at a meeting in late October. “If this flies, it will be a blueprint on how to break unions. We will be sent back into the ’30s.”
The mood is dark for many employees working under MediaNews and Hearst. The scrappy feel and hard-driving reportage of the CoCo Times under Lopez and Knight Ridder are believed by some to be at risk following the purchases. “No one thinks we’re going to be a better newspaper because of this,” one source at the paper told us.
In another memo MediaNews executive Armstrong wrote to Bay Area staffers last week, he stated that the company, in fact, predicted its “advertising revenue challenges.”
“We have no additional job reductions planned due to economic conditions, but we cannot guarantee that additional reductions might not be necessary in the future,” he wrote. “Our job level is dependent on our revenue performance.”
The memo also shows that the company plans to sell an office in Danville and two parking lots in downtown Oakland.
News accounts depicted third-quarter earnings for MediaNews based on Securities and Exchange Commission filings as a windfall profit caused by its purchases of the Times and the Merc. But the company’s ad revenue and circulation are actually down a few percentage points, and it made $16 million from the July sale of an office building in Long Beach, which offsets a simple analysis of its financial standing.
It’s still a company that topped $1 billion in revenue last year, a figure that has increased steadily since 2002, but Singleton has never feared doing business with loads of debt on the books, which he’s always used to fuel new purchases. For the Bay Area papers, MediaNews took on a $350 million bank loan in August.
MediaNews has still managed to take recent dire economic forecasts to a fever pitch despite its confidently large debt burden, enabling the company to implement a business model that’s hardly new for Singleton. He knows how to make money. Interestingly, for an industry that’s supposedly on the ropes, several billionaires (who didn’t become wealthy by investing poorly) have in the last few weeks publicly expressed interest in purchasing some of the nation’s largest dailies.
The Boston Globe noted earlier this month that rock industry tycoon David Geffen and grocery chain investor Ron Burkle were considering a bid for the Tribune Co., which owns the Los Angeles Times. That paper recently endured a major shakeup when a top editor was fired for refusing to execute job cuts demanded by the company. Former General Electric CEO Jack Welch has considered a run for the Globe, and more buyout rumors have floated around the Baltimore Sun and the Hartford Courant. Such deals could signal a fundamental shift in how newspapers are regarded with respect to their newsgathering responsibilities.
“Geffen has reportedly told associates that he’d be happy with returns comparable to the 3 or 4 percent he might get from municipal bonds,” the Globe wrote. Others have discussed turning individual newspapers into nonprofits.
But Singleton probably isn’t going anywhere, and a lot of people are going to have to learn how to get along with him around here, Texas drawl and all, unless the feds shut down his party.
Knight Ridder was a respected newspaper chain before investors grew restless and demanded greater short-term profit margins. It was sold earlier this year to McClatchy (begrudgingly for some top execs and Pulitzer-wielding journalists who openly fought with Knight Ridder’s financial backers prior to the sale). Knight Ridder posted a profit margin of nearly 20 percent in 2004.
Employees of the chain wrote a chilling open letter shortly before it was sold: “Knight Ridder is not merely a public company. It is a public trust. It must balance corporate profitability with civic purpose. We oppose those who would cripple the purpose by coercing more profit. We abhor those for whom good business is insufficient and excellent journalism is irrelevant.” SFBG

EDITOR’S NOTES

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› tredmond@sfbg.com
I started getting all the usual calls last week, from all of the usual national media outlets, with all the usual questions that a local political reporter gets when a local politician makes good. “Who is Nancy Pelosi, really? What do her constituents think of her? Is she going to bring Burning Man and gay marriage to Washington?”
My answer to everyone, from the liberals to the conservatives, was exactly the same:
Relax. There’s nothing to get excited about. Pelosi is by no means a San Francisco liberal. She’s a Washington insider, a born and bred politician who cares more about power and money than she does about any particular ideology.
I’m glad the Democrats are in charge, and Pelosi deserves tremendous credit for making that happen. But she’s not about to push any kind of ambitious left-wing political or cultural agenda.
Just look at her record. Pelosi was weak on the war and late in opposing it. She was the author of the bill that gave that well-known pauper George Lucas the lucrative contract to build a commercial office building in a national park. She worked with Republicans such as Don Fisher of the Gap on the Presidio privatization and set a precedent for the National Park System that the most rabid antigovernment conservatives can love.
Just this week Bloomberg News reported that Pelosi is working with Silicon Valley venture capital firms to weaken the post-Enron Sarbanes-Oxley law, which mandates strict accounting procedures for publicly held corporations.
And just a couple of weeks before the election, she told 60 Minutes that same-sex marriage is “not an issue that we’re fighting about here.”
I think it’s pretty safe to say she’s never been to Burning Man.
Pelosi, who is backing antiwar but also anti-abortion Pennsylvania Rep. John Murtha for majority leader, has an agenda for her first 100 hours. It’s nice moderate stuff — raising the minimum wage (to all of $7.25 an hour), lowering interest on student loans (but not replacing loans with grants), and allowing Medicare to negotiate for lower-priced drugs (but not making Medicare a national health insurance program for every American). Tactically, it’s brilliant: there won’t be a lot of national opposition, and Bush will look like a heel if he vetoes the bills.
In fact, as a political strategist and tactician, Pelosi has proven brilliant. She’s whipped together a dysfunctional party and led the most important electoral change to this country in more than a decade.
Along the way, though, she’s pretty much stopped representing San Francisco. On issue after issue, her constituents are way to the left of her. This fall she didn’t even bother to show up in the district (except to extract money for Democratic congressional campaigns around the country). She spent election night in Washington.
There are a lot of people who think that’s fine. Now that she’s speaker, she’ll be able to do a lot for this city, particularly when it comes to bringing in federal money. I appreciate the fact that her work on the national level, which often involved running away from San Francisco, will allow more-progressive Democrats like Los Angeles’s Maxine Waters to chair powerful committees that can go after White House cronyism and corruption.
But if the right-wing talk show hosts are worried about San Francisco liberals like me, they can take it easy: Nancy Pelosi is not one of us. SFBG

Macy’s loses

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By Tim Redmond

Sometimes you settle a lawsuit, and sometimes you roll the dice and fight.

Back in 2001, the San Francisco supervisors voted to cough up some $80 million in cash to pay off a group of big corporations that claimed the city’s business tax was unconstitutional. It was a close call — the city attorney warned that if the city fought and lost, the potential liability could have reached $500 million.

There were a few crazy dissenters — Matt Gonzalez and me, and not a whole lot of others — who said, in effect, let’s take the chance: These assholes wanted to soak the city for a bunch of money at a time when corporate America was rolling in the dough, thanks in part to Bush Administration tax cuts at the federal level. Fuck ’em — we’ll see you in court.

But cooler heads prevailed, and the city settled with all but one of the 52 companies. One holdout — Macy’s (the greedy pricks) — decided not to accept the settlement and to push the case and squeeze every drop possible out of the taxpayers. Superior Court Judge Richard Kramer ruled in Macy’s favor, awarding the company $13 million. It looked as if the supes had done the smart thing settling with everyone else.

And then yesterday, the Court of Appeal overturned Macy’s award, saying that the $13 million refund was excessive. The giant retailer — where I will never again shop, by the way — gets only pocket change, a few hundred grand.

Of course, the court didn’t re-instate the tax; this was only a small part of the case. But still, Macy’s lost, big. Makes me wonder what might have happened if we’d never settled with any of the Filthy 52.

Macy’s loses

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By Tim Redmond

Sometimes you settle a lawsuit, and sometimes you roll the dice and fight.

Back in 2001, the San Francisco supervisors voted to cough up some $80 million in cash to pay off a group of big corporations that claimed the city’s business tax was unconstitutional. It was a close call — the city attorney warned that if the city fought and lost, the potential liability could have reached $500 million.

There were a few crazy dissenters — Matt Gonzalez and me, and not a whole lot of others — who said, in effect, let’s take the chance: These assholes wanted to soak the city for a bunch of money at a time when corporate America was rolling in the dough, thanks in part to Bush Administration tax cuts at the federal level. Fuck ’em — we’ll see you in court.

But cooler heads prevailed, and the city settled with all but one of the 52 companies. One holdout — Macy’s (the greedy pricks) — decided not to accept the settlement and to push the case and squeeze every drop possible out of the taxpayers. Superior Court Judge Richard Kramer ruled in Macy’s favor, awarding the company $13 million. It looked as if the supes had done the smart thing settling with everyone else.

And then yesterday, the Court of Appeal overtuned Macy’s award, saying that the $13 million refund was excessive. The giant retailer — where I will never again shop, by the way — gets only pocket change, a few hundred grand.

Of course, the court didn’t re-instate the tax; this was only a small part of the case. But still, Macy’s lost, big. Makes me wonder what might have happened if we’d never settled with any of the Filthy 52.

Who’s afraid of Jet Li?

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Jet Li may be fearless, as the title of his new Ronny Yu martial arts epic goes. The five-time all-around national Wushu champion of China may be a formidable opponent on a movie set — and a devout Buddhist much like his Fearless protagonist, legendary Wushu fighter Huo Yuanjia. But that doesn’t mean the 43-year-old actor rests on his laurels — or his international success in more than 30 Hong Kong, Chinese, and Hollywood movies, including the Shaolin Temple, Once upon a Time in China, and Fong Sai Yuk series, Bodyguard from Beijing, Fist of Legend, and Hero.
“Some people like my movies, some people hate my movies, some people hate Jet Li — it’s normal,” the hyperanimated star says. “Not foreigners, but Chinese. I made some movies like Romeo Must Die that a lot of people like in the States, but Asian people hate. I think there’s a cultural difference — it’s their own hero, so they ask, ‘Why are you doing this for the market?’ Even with this movie, I tried to tell younger Chinese generations, have an open heart.”
Already a hit in his homeland, Fearless is described as Li’s “final martial arts masterpiece.” With nods to classic “kung fu theater,” the film follows the dramatic trajectory of turn-of-the-century hero Huo, who journeys from arrogant tough to the enlightened founder of the now-international Jingwu Sports Federation.
Like many of Li’s Chinese films, Fearless takes a heroic high road, making a political statement by reflecting the current changes in a China confronted once again by overseas powers, now in the form of multinational corporations. “Teenagers see Jet Li or Bruce Lee or Jackie Chan and say, ‘Cool! Kick butt! Beat up somebody!’ That’s the wrong message. That’s a part of martial arts, but first, most important, is the heart, the mental, how to use this to help people,” he explains on the fifth anniversary of 9/11. “Violence is not the only solution.” (Kimberly Chun)
FEARLESS opens Fri/22 in Bay Area theaters

Discovering the formula

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› amanda@sfbg.com
San Francisco has a thing for local businesses. From Chinatown to Hayes Valley, the dozens of distinctive neighborhoods that constitute this city have for the most part maintained their individuality with one-of-a-kind, locally owned places to shop, snack, and seek services.
While many cities and small towns across the country have succumbed to the sprawl and homogeneity of chain stores, some have resisted, even in the face of lawsuits and wily campaigning from megaretailers. Big corporations including Wal-Mart, Home Depot, and Target are combating restrictive municipal legislation with their money, pouring millions into local political races and flying in paid signature gatherers for ballot referenda.
“They’re spending $100 per vote in some cases,” Stacy Mitchell told the Guardian. Mitchell is the author of Big-Box Swindle and a senior researcher for the New Rules Project, a subsidiary of the Institute of Local Self-Reliance, which tracks legislation against formula retail.
“They’re getting mixed results,” she said, which means sometimes the big boys lose, like in the multiyear battle with Inglewood that sent Wal-Mart walking. But more often than not, the formula retailers win.
Take Chicago as a recent example: Mayor Richard Daley overrode city councilors and issued his first veto in 17 years, against legislation that would have required large retailers to pay a living wage to employees. Councilors hoped to trump the mayor with another vote, but at the last minute three councilors switched positions to side with Daley.
“I still don’t understand how it happened,” said SF supervisor Tom Ammiano, who flew into Chicago to speak in favor of the legislation. He told us the city was behind it, though opponents were arguing that low-income people needed the option to work and shop at Wal-Mart and it was discriminatory to not allow the store to move into the city. “They played the race card. It was obvious they were people on [Wal-Mart’s] payroll.”
In the week since the veto, Wal-Mart has already swooped in with several site proposals for the first 20-acre megamart in Chicago. It’s stated an eventual goal of building 20 stores in the Windy City. Could Wal-Mart spite San Francisco just like it did Chicago?
Since 2004, San Francisco has operated with the Formula Retail Ordinance, designed to preserve “the city’s goal of a diverse retail base.” This isn’t an outright ban, but it makes the application and review process more arduous for formula retail. The ordinance defines formula retail as any chain with 11 or more outlets that offer standardized services or mimic one another in decor, architecture, and practices (like Starbucks, the Gap, and Wal-Mart, to name an infamous few).
The relevant legislation, Section 703.3 of the Planning Code, reads like it was penned by a Norman Rockwell acolyte and cites such businesses as generally undesirable, granting neighborhoods the right to be notified of potential chain store proposals. While the legislation allows neighborhoods to create their own stricter legislation, it also grants them the right to accept a chain into the fold, which is a pretty big loophole.
So far, most neighborhoods haven’t been welcoming. A battle in North Beach over Home Depot resulted in an outright ban of all formula retail in the neighborhood. Hayes Valley followed suit. Conditional use permits in western SoMa, Cole Valley, and Divisadero from Haight to Turk add an extra layer of scrutiny to the planning process when a Starbucks or Target want to set up shop. Potrero Hill–Showplace Square is the next in the trend, with a 12-month interim conditional-use period and a more permanent restriction on the way. That restriction was introduced by Sup. Sophie Maxwell, approved by the Land Use and Economic Development Committee, and headed to the full Board of Supervisors for initial approval Sept. 19 after Guardian press time.
Maxwell’s legislation could become moot this November if voters approve Proposition G, the Small Business Protection Act, which would extend conditional-use permitting to the entire city, making any proposal from a chain store subject to public hearings and an arduous Environmental Impact Review at the expense of the applicant, not the city.
Dozens of counties and municipalities have enacted similar ordinances around the country in response to the track records of megaretailers. Public criticism is mounting against corporations such as Wal-Mart and Home Depot for drawing the shopping masses by reducing prices to quash smaller competitors and for pulling profits out of communities instead of keeping them local, as small businesses tend to do.
But the chain stores aren’t just rolling over.
“It’s happening in enough places that it’s reached a point where they’re feeling nervous about how it’s affecting their growth,” Mitchell said about the retail giants. Her organization has been assisting communities for several years in drafting legislation against formula retail and is seeing some of that legislation undercut by voracious chain stores. Wal-Mart, the most notorious foe, dumps thousands of dollars into local election races. The tactic is especially evident in California.
“Wal-Mart spends more in California than anywhere,” said Nu Wexler, spokesperson for Wal-Mart Watch, a Washington-based organization with hawk eyes on the company. “They have active lobbying in all 50 states, but California is a particularly important market for them.”
He attributes that to the state’s status as the sixth-largest economy in the world. In 2002, Wal-Mart promised to open 40 supercenters in the state within four to six years. As of October 2005, only six had been opened. “They’re fighting expansion battles all over the country, but they’re having an especially difficult time in California,” Wexler said. Inglewood, Turlock, and Hercules have all recently dodged Wal-Mart.
But several other cities have not, despite protective measures, and in the last year 12 more supercenters have opened in California, bringing the grand total to 19.
Contra Costa County, apropos of no immediate threat, passed a 2003 ordinance prohibiting “big box” stores over 90,000 square feet. In response, Wal-Mart dumped more than $1.5 million campaigning for a measure overriding the ordinance on the next available ballot. In 2004, the ordinance was overturned by 54 percent of voters.
Four years of fighting in Rosemead resulted in two city council shake-ups, with a recall election of two council members set to be decided this week; a possible Brown Act violation when city officials approved a permit for Wal-Mart during a meeting when it wasn’t on the agenda; and multiple lawsuits from both sides. Wal-Mart spent $200,000 campaigning and dropped another $100,000 in local charities to spread some good cheer. It worked: doors opened at a new supercenter Sept. 18.
Last August, a Wal-Mart opened just across the bay in Oakland even though the city already had a ban on big-box retail larger than 2.5 acres. Spurning the city’s provincial laws, Wal-Mart found real estate regulated by the Port of Oakland — which, similar to San Francisco’s port, is outside the city’s jurisdiction and not subject to local ordinances.
“It was passed in a backroom deal with the port before the city could have any public hearings,” said Adam Gold, a spokesperson from Just Cause Oakland, a local group that opposed the store. “It made it difficult to resist it. It had already been approved.”
At the state level, Governor Arnold Schwarzenegger recently vetoed Senate Bill 1414, introduced by San Francisco’s state senator Carol Migden, which would have required employers with more than 10,000 workers to put 8 percent of total wages toward health care. Not a surprise: Wal-Mart’s Walton family dropped more than half a million dollars into electing the governor, with a most timely donation of $250,000 last year on the very day he vetoed legislation aimed at Wal-Mart that would have required businesses to disclose when employees use public health care services.
Two other bills, SB1523, requiring environmental impact reports and public hearings for the construction of stores larger than 100,000 square feet, and SB1818, allowing cities to recover legal fees when sued by big-box retailers, sailed through the legislature but are currently festering on the governor’s desk.
Is it all enough to protect San Francisco? Can the city keep mom and pop on the corners and resist the commercialism that has made a city like Emeryville the mall that it is today?
Maxwell, who pushed the recent legislation for Showplace Square and Potrero Hill, hopes so. “I’d rather have the position of them on the offense than the defense,” she said of potential retail applicants. When asked if the city codes are strict enough, she said, “If not, I’d be willing to put forth the legislation that is.”
As for the idea of Wal-Mart coming to town, the District 10 supervisor was nothing if not firm: “No, no way. Not in San Francisco.” SFBG

Bailed Wolf worries proposed federal reporter’s shield laws won’t protect independent press

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By Sarah Phelan
Like a mole emerging from a hole, bespectacled freelance journalist Josh Wolf squinted into the September sunlight, as he stood on the steps outside the U.S. Court of Appeals 9th Circuit building on Seventh Street in San Francisco. It was the 24-year-old’s first taste of freedom after a month-long stint inside Dublin Federal Correctional Institute for refusing to give a federal grand jury video outtakes of an anarchist protest turned violent.
During his stretch at Dublin, Wolf was only able to breathe fresh air for an hour each day, and he looked as if was relishing the feeling of the sun on his skin, as he voiced his belief that what should have been a SFPD investigation into an assault on an officer, turned into a federal witch hunt, which so far has involved the FBI, the Joint Taskforce on Terrorism, a grand jury—and the thousands of tax payers’ dollars to prosecute and jail him.
As Wolf, who’d traded prison dudes for black jeans, blue shirt and white sneakers, began to speak, jackhammers went off across the the road, as if some evil mastermind was making a last ditch effort to censor the truth. The crowd of camera wielding, microphone-holding paparazzi pressed closer, as Wolf expressed his hope that the 9th Circuit’s decision to grant him bail was a positive sign. (A month earlier, District Court Judge Alsup denied Wolf bail, calling his case “a slamdunk for the federal government.”)
“The late Senator Paul Wellstone once said that significant social change comes from the bottom up,” said Wolf, who hopes his case will ultimately help cement the rights of the independent, as well as those of the traditional, media. Expressing concern that the federal shield laws that are currently on the table “do not encompass people who meet my criteria,” Wolf critiqued the proposed laws for only protecting those who are employed by or under contract with an established media outlet.
‘There should be a common law to protect journalists,” he said, voicing the belief that anyone who is involved in gathering and disseminating news and information is a journalist, whether they are paid for their activities or not.
“I am a journalist, I have a website, I’ve sold footage, including to MichaelMoore.com,” said Wolf, who worries that proposed federal reporter shield laws will create two classes of journalists, those that report and get paid, and those that do it out of volition. “It will create a corporatocracy in which only corporations are media,” he said. “It goes against the idea of a free and independent press.”
He also critiqued what he saw as an increasing abuse of grand juries, which were established to protect the rights of those accused, but increasingly appear to resemble military tribunals and are used so the feds to secretly coerce and investigate targets.
“There is no means that any extended stay in jail is going to bring about a coercive effect,” said Wolf, who believes the case of former New York Times journalist Judith Miller, as well as those of the two BALCO reporters from the San Francisco Chronicle who still face jail time, helped publicize his plight, as well as the blogosphere.
‘It’s egregious that the feds took up an investigation into an assault in a SFPD office,’ said Wolf, who believes that the alleged arson to a SFPD car was used as a hook, simply because SFPD receives federal funds.
“In my tape you hear someone yell, ‘Officer Down!’ That’s the extent of it,” said Wolf, in reply to the question of what interest the feds could possibly have in his clips on the cutting room floor.”
“I don’t want my case to be a reason why people don’t get involved in grassroots journalism,” he said,a cknowledging that his case shows there are risks, “An individual can decide what’s important and truly change thw world we live in,” he said, comparing that freedom to the restrictions imposed on journalists who work for corporate media.”
To help freelancers, Wolf would like to see more information out there on what independent journalists should do if they are subpoenaed. “Know your rights and how to protect them,” he advised.
By the way, when was the last time that an assault on a SFPD triggered a federal investigation, involving the FBI, the JTTF, a grand jury and a reporter doing jail time?

Bailed Wolf worries federal shield laws won’t protect independent press

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Like a mole emerging from a hole, bespectacled freelance journalist Josh Wolf squinted into the September sunlight, as he stood on the steps outside the U.S. Court of Appeals 9th Circuit building on Seventh Street in San Francisco. It was the 24-year-old’s first taste of freedom after a month-long stint inside Dublin Federal Correctional Institute for refusing to give a federal grand jury video outtakes of an anarchist protest turned violent.
During his stretch at Dublin, Wolf was only able to breathe fresh air for an hour each day, and he looked as if was relishing the feeling of the sun on his skin, as he voiced his belief that what should have been a SFPD investigation into an assault on an officer, turned into federal witch hunt, involveing the FBI, the Joint Taskforce on Terrorism, a grand jury—and the thousands of tax payers’ dollars to prosecute and jail him.
As Wolf, who’d traded prison dudes for black jeans, blue shirt and white sneakers, began to speak, jackhammers went off across the the road, as if some evil mastermind was making a last ditch effort to censor the truth. The crowd of camera wielding, microphone-holding paparazzi pressed closer, as Wolf expressed his hope that the 9th Circuit’s decision to grant him bail was a positive sign. (A month earlier, District Court Judge Alsup denied Wolf bail, calling his case “a slamdunk for the federal government.”)
“The late Senator Paul Wellstone once said that significant social change comes from the bottom up,” said Wolf, who hopes his case will ultimately help cement the rights of the independent, as well as those of the traditional, media. Expressing concern that the federal shield laws that are currently on the table “do not encompass people who meet my criteria,” Wolf critiqued the proposed laws for only protecting those who are employed by or under contract with an established media outlet.
“There should be a common law to protect journalists,” he said, voicing the belief that anyone who is involved in gathering and disseminating news and information is a journalist, whether they are paid for their activities or not.
“I am a journalist, I have a website, I’ve sold footage, including to MichaelMoore.com,” said Wolf, who worries that proposed federal reporter shield laws will create two classes of journalists, those that report and get paid, and those that do it out of volition. “It will create a corporatocracy in which only corporations are media,” he said. “It goes against the idea of a free and independent press.”
Wolf also critiqued what he saw as an increasing abuse of grand juries, which were established to protect the rights of those accused, but increasingly appear to be used by the feds to secretly coerce and investigate targets.
“There is no means that any extended stay in jail is going to bring about a coercive effect,” said Wolf, who believes the case of former New York Times journalist Judith Miller, as well as those of the two BALCO reporters from the San Francisco Chronicle who still face jail time, helped publicize his plight, as did the blogosphere.
‘It’s egregious that the feds took up an investigation into an assault in a SFPD office,’ said Wolf, who believes that the alleged arson to a SFPD car was a hook, allowing the feds in simply because SFPD receives federal funds.
“In my tape you hear someone yell, ‘Officer Down!’ That’s the extent of it,” said Wolf, in reply to the question of what interest the feds could possibly have in his clips on the cutting room floor.
“I don’t want my case to be a reason why people don’t get involved in grassroots journalism,” he said, acknowledging that his case shows there are risks involved. “But an individual can decide what’s important and truly change the world we live in,” he said, comparing that freedom to the restrictions imposed on journalists who work for corporate media.”
To help freelancers, Wolf would like to see more information out there on what independent journalists should do, if they are subpoenaed. “Know your rights and how to protect them,” he advised.

Now THIS is scary

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By Tim Redmond

THe Bush Administration is quietly moving to give an eight-member panel appointed by the president the ability to kill any federal program or agency — unlilaterally. I’m not joking; Rollling Stone broke the story, and there’s a post on Daily Kos that lays it out and offers ways to fight back.

Here’s how RS describes it:

“[T]he commission would enable the Bush administration to achieve what Ronald Reagan only dreamed of: the end of government regulation as we know it. With a simple vote of five commissioners — many of them likely to be lobbyists and executives from major corporations currently subject to federal oversight — the president could terminate any program or agency he dislikes. No more Environmental Protection Agency. No more Food and Drug Administration. No more Securities and Exchange Commission.”

I’ve found very little other press on this, but it’s one of the more frightening things I’ve seen in a while.

Dam telling debate

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By Steven T. Jones
The debate over whether to tear down the O’Shaughnessy Dam in the Hetch Hetchy Valley — which a state report this week concluded is possible, but with a prohibitive price tag of up to $10 billion — is interesting for what it says about the power and perils of activist journalism, particularly when the big boys deign to practice it. Despite their current revisionist history, the San Francisco Chronicle pushed hard for the construction of this dam 100 years ago (waging a nasty smear campaign against John Muir and other conservationists in the process — read Gray Brechin’s great book Imperial San Francisco for the whole story). Then, as now, that paper and its downtown allies wanted growth at any cost. But today, it is another newspaper crusade that has propelled forward the riduculous notion of spending needed billions of dollars to undo a historical error. The Sacramento Bee and its associate editorial writer Tom Philip turned the idea of some environmentalists and studies by UC Davis in a full-blown offensive to tear down the dam, in the process winning a Pulitzer Prize and convincing Gov. Arnold Schwarzenegger to order the study that came out this week.
Now, just imagine if we could get the media mega-corporations to put this kind of effort into eliminating poverty, reducing American militarism and police state excesses, creating socialized medicine, or any of a long list of important social and economic justice concerns, rather than pursuing sentimental pipe dreams. Then we might start making real progress.
Instead, we’re left with the latest skirmish in the age-old Sacramento-San Francisco rivalry.