Crime

James Madison Freedom of Information Award Winners

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The Society of Professional Journalists’ Northern California Chapter has been handing awards for 22 years to journalists, educators, public officials, and citizens who best exemplify the importance of open and accountable government and a free and diligent press. And every year the Guardian recognizes the winners and helps highlight the important issues that they raise for the Bay Area and beyond. Here are this year’s winners:

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


Three few years ago the Oakland Unified School District announced that, due to budget constraints, it was shutting down all the student-run newspapers in the district. Rowland "Reb" Rebele lives in Aptos, but he read about the shutdown in a San Francisco Chronicle column.

He picked up the phone, made some calls, and found out the situation was desperate and how much money was needed. He then wrote a check sufficient to resurrect the student newspapers for a year. Then he kept on writing checks to keep the papers going last year and again this year. This was typical of Rebele. No one asked him for help. He received virtually no acknowledgment for his gift. But his timely action turned the lights back on for fledgling newspapers that were out of money and, it seemed, out of luck.

Rebele is a First Amendment mensch (a description that James Madison, had he any familiarity with Yiddish, would have approved of). In his half century of publishing community newspapers that he owned and operated in Coalinga, Chula Vista, and Paradise in California and across the country, he was energetic, inspiring, and devoted to his readers and his communities, and a demon in pushing for open government and accountability. He pursued the same policies as a stalwart for half a century in the California Newspaper Publishers Association and as an activist president who brought key reforms and exceptional leaders to the organization.

Rebele has been a director of the California First Amendment Coalition for a decade. He quickly became the one truly indispensable member of the organization, pushing it, pulling it, holding it together, and cajoling it to broaden its activities because he felt the organization and its mission were vital.

He has also launched an innovative internship program at Stanford University. Rather than just give money to the school, he and his wife, Pat, created a program that has enabled dozens of students to get hands-on experience writing for real newspapers in California. Quietly and selflessly, Rebele has spent his newspaper career fighting the good fight for First Amendment and public interest principles. (Bruce B. Brugmann)

Beverly Kees Educator Award

ROBERT OVETZ


Art Institute of San Francisco instructor Robert Ovetz was fired after he criticized the administration for confiscating a magazine his students produced for his class last December.

Ovetz, who had taught at the institute for three years, told his students to create a "culturally critical" magazine as their final project for a cultural studies class he taught last fall. They produced a 36-page zine called Mute/Off.

Less than 24 hours after he and students distributed 500 copies of the magazine, which Ovetz printed with the institute’s copy machine, most were gone. Ovetz initially attributed their disappearance to popularity, but he soon learned from students that the administration of the school, which was purchased by Goldman Sachs and General Electric last year, had removed them from its campuses and even literally pulled them out of students’ hands.

"This is an example of how a corporation is not held accountable for upholding basic constitutional rights [to] free speech. This is a private company that’s operating as an institution of higher learning," Ovetz told the Guardian. "Its only interest is its bottom line, and its bottom line is profit."

Ovetz complained to the administration about vioutf8g the students’ freedom of speech and received his pink slip Dec. 20, 2006. Dean of Academic Affairs Caren Meghreblian told Ovetz the magazine possibly violated copyright law by reproducing corporate logos without permission and had grammatical errors. She also said a story in the magazine called "Homicide," about three white kids playing a video game as black gangsters, might be racist.

After Ovetz and students complained and the media reported the story, the administration allowed students to redistribute the magazines, but it still refuses to give Ovetz his job back. (Chris Albon)

To size up the magazine yourself, visit www.brandedmonkey.com/muteOffLowRes.pdf.

Citizen

RYAN MCKEE


The object of the California Public Records Act is to ensure the people’s right to know how their state and local governments are functioning. Newspapers are often the entities that test the limits and loopholes of the law. But in January 2006 an 18-year-old college student, Ryan McKee, undertook an audit of each of the 31 California state agencies that was the first of its kind. McKee tested how these agencies, which he personally visited, responded to simple requests to view and get copies of readily available public documents. The results revealed a disturbing pattern. Several agencies performed miserably, including the Department of Justice, which counsels and represents many other state agencies on the Public Records Act, and all of the agencies violated at least one aspect of the law. Common problems included asking for identification, making illegal charges, and taking longer than allowed to release information. McKee undertook the audit while volunteering for Californians Aware, a nonprofit where his father, Richard McKee, is president. A copy of the audit, including its results and grades, was sent to each agency to help it better understand and adjust to its responsibilities. (Sarah Phelan)

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


ANG Newspapers regional reporters Rebecca Vesely and Michele Marcucci are being honored for the series "Broken Homes" and their unflinching pursuit of public records that exposed negligent care administered to people with autism and other forms developmental disabilities. The series highlighted problems ranging from a lack of proper supervision to unlicensed officials working at health care facilities. Some of these offenses were then linked to patient deaths.

The award recognizes the daunting and tedious task that befell the journalists: 15 months of scouring thousands of hard-copy papers from dozens of sources that included licensing agencies, multiple law enforcement bureaus, and coroner’s offices. The results were entered into a database and cross-checked against other sources of information.

"It’s not like we work at the New York Times, where you can lock yourself in a room for a year. This is one-stop shopping here," Marcucci told the Guardian, noting that both reporters continued their daily beats while working on the project. The series was well received and helped prompt state officials to reinstate inspections of licensed facilities that had been eliminated due to budget cuts. (Christopher Jasmin)

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


Two reporters from the Sacramento Bee, Andrew McIntosh and John Hill, get Freedom of Information props for exposing the cronyism and the corruption of the California Highway Patrol.

The two wrote a series of articles detailing how the CHP violated state and department regulations in awarding contracts for items ranging from pistols to helicopters.

"The CHP spends hundreds of millions of dollars each year on equipment and goods," McIntosh told the Guardian. "That’s taxpayer money."

McIntosh said he and Hill took a systematic look at the department’s bidding process and found it was not competitive. The investigation led to the suspension of one officer, Gregory Williams, who the reporters found had awarded $600,000 worth of contracts to his daughter’s company for license plate scanning devices, $500,000 of which was canceled after the reporters exposed the scandal.

The reporters also found the CHP, which controls signature gathering at the Department of Motor Vehicles and other state buildings, denied more than 100 applications for permission to register voters or solicit signatures. Other stories pushed Senate majority leader Gloria Romero and Assemblymember Bonnie Garcia to call for a state audit of the CHP.

McIntosh told us the investigation showed "the CHP is not above public scrutiny or the law when it comes to business dealings." (Albon)

MEERA PAL, CONTRA COSTA TIMES


A good mayoral race isn’t really fun unless a bit of scandal emerges, like it did in Pleasanton two weeks before the November 2006 election.

Meera Pal decided to research the roots of a story that was handed to her by city council member Steve Brozosky, who was challenging incumbent mayor Jennifer Hosterman. Brozosky gave Pal e-mails his campaign treasurer obtained through open-records laws that showed Hosterman may have used her city e-mail account to solicit campaign donations and endorsements, a violation of state law.

But Pal went beyond Brozosky’s story and submitted her own public records requests for the city e-mail account of the mayor, as well as a year’s worth of e-mail from Brozosky and the three other council members.

Pal’s public records request revealed that Brozosky’s inbox was completely void of any e-mail, something neither he nor the city’s IT manager could explain. Brozosky is a computer expert who runs a company that vends city Web site software, so his technical expertise made the situation even more suspicious.

Investigations revealed it was just a setting on his computer that was inadvertently scrubbing the e-mail from the city’s server. Though both violations aren’t necessarily serious crimes, the race was close enough that dirt on either side could have had a profound impact on the outcome, and the results show 68,000 voters who were truly torn during the last two weeks before election day while Pal was reporting these stories. Hosterman eventually won by just 188 votes. (Amanda Witherell)

SUSAN SWARD, BILL WALLACE, ELIZABETH FERNANDEZ, AND SETH ROSENFELD, SAN FRANCISCO CHRONICLE


In the wake of 2003’s so-called Fajitagate police scandal — in which San Francisco officer Alex Fagan Jr. and others were accused of assaulting and then covering up their alleged vicious beating of innocent citizens — the San Francisco Chronicle uncovered records showing that Fagan’s short history on the force was marked by regular incidents of abusive behavior, the kind of records that should have served as a warning for the problems to come.

"We decided to take a look to see how common it was. And we spent a lot of time doing that," Steve Cook, the Chronicle editor of what became last year’s five-part "Use of Force" series, told the Guardian. The team used the Sunshine Ordinance to gather boxloads of records on use-of-force incidents, which it organized into a database that was then supplemented and cross-referenced with a wide variety of other public records, along with old-fashioned shoe leather reporting, all the while fighting through bureaucratic denials and delays.

Despite an embarrassing mislabeled photo on the first day of the series that served as fodder for attacks by the Police Department and Mayor’s Office, the series made clear that rogue cops were abusing their authority, totally unchecked by their supervisors. "We were proud of what we were able to show," Cook said. "We showed a department in need of some basic reforms."

The series helped spur the early intervention system that was recently approved by the Police Commission. It’s a good first step, but one criticized by the Chron and the Guardian for failing to include some key indicators used in other cities (see our editorial "Fix Early Warning for Cops," 2/28/07), something that Cook said requires ongoing vigilance by the press, to bring about needed reforms: "Only the news media is really going to accomplish this, if they stay with the story." (Steven T. Jones)

Legal counsel

DAVID GREENE


The First Amendment was never about money. Free speech is supposed to be free. But these days threats to the First Amendment are growing, more and more people who lack the resources of a major media outlet are in need of help — and there aren’t many places dedicated to offering that assistance, free.

That’s where David Greene and the First Amendment Project come in.

Since 1999, as a staff attorney and executive director, Greene has helped dozens of freelance journalists, students, nonprofit organizations, and independent media outlets protect and expand their free speech and open government rights.

The operation he runs is totally independent. That’s a key point in an era of massive media consolidation: when the Guardian sought earlier this year to find legal representation to force open the key records in a lawsuit over Dean Singleton’s local newspaper merger, we found that just about every local media law firm represented at least one of the parties to the case and thus was conflicted. The FAP was not.

Greene and the FAP have represented blogger Josh Wolf and freelancer Sarah Olson in landmark subpoena cases. Greene, with the American Civil Liberties Union of Northern California, wrote the amicus brief on behalf of noted literary artists in the California Supreme Court case In re George T., in which the court, relying heavily on the FAP brief, overturned the conviction of a juvenile who made threats to other students with a poem. And the struggle just goes on. The FAP is funded largely by private donations and always needs additional support.

"Unfortunately," Greene told us, "we have to turn away a lot more cases than we can take." (Tim Redmond)

News media

SAN JOSE MERCURY NEWS


After years of last-minute backroom deals at San Jose’s City Hall, things came to a head when the City Council rubber-stamped proposals to give a $4 million subsidy to the San Jose Grand Prix, $80 million for a stadium to keep the Earthquake soccer team from leaving town, and $45 million for new City Hall furniture.

Clearly, something had to give. But it was left to San Jose Mercury News editorial writers to push for transparent and accessible government and better enforcement of the state’s open government laws.

First they shamed the city, pointing out that "San Francisco, Oakland, even Milpitas have better public-access laws." Next they hammered then-mayor Ron Gonzales for saying that calls for more open government were "a bunch of nonsense." Then they printed guiding principles for a proposed sunshine ordinance that they’d developed in conjunction with the League of Women Voters and Mercury News attorney James Chadwick.

When city council member Chuck Reed was elected mayor on a platform of open government reforms, the paper still didn’t give up. Instead, it’s continuing to champion the need to bring more sunshine to San Jose and working with a community task force on breaking new ground, such as taping closed sessions so they can one day be made available when there’s no further need for secrecy.

Somehow the Merc also managed to pull off another amazing feat: the paper built public understanding of and support for sunshine along the way. (Phelan)

SAN MATEO COUNTY TIMES


When outbreaks of the highly contagious norovirus sprang up in a number of California counties, San Mateo County was among those hit. Public health officials, however, would not release the names of the facilities where numerous individuals became infected, citing concerns about privacy and not wanting to discourage facility managers from contacting health officials.

Nonetheless, the San Mateo County Times ran a series of reports on the outbreaks in the named and unnamed facilities. After publishing reports on unnamed facilities, the news staff began to receive phone calls from residents who wanted to know the names of the facilities. Times reporter Rebekah Gordon told us it became clear that the public wanted to know this information, and the paper fought the county’s secrecy.

Gordon learned that facilities are required by law to report outbreaks, regardless of the potential for media exposure. Times attorney Duffy Carolan sought out and won the disclosure of the names of four facilities.

"The county’s initial nondisclosure decision evoked public policy and public safety concerns at a very broad level, and nondisclosure would have had a very profound effect on the public’s ability to obtain information that affects their own health and safety. By persisting in the face of secrecy, the Times was able to establish a precedent and practice that will well serve to inform their readers in the future," Carolan told us.

The paper learned the outbreak was far more widespread than the county had admitted, finding 146 cases in six facilities. Gordon said, "The numbers were so much higher than we were ever led to believe." (Julie Park)

Online free speech

JOSH WOLF


Even as he sits inside the Federal Correctional Institute in Dublin, where he’s been denied on-camera and in-person interviews, jailed freelance journalist Josh Wolf manages to get out the message. Last month Wolf, who is imprisoned for refusing to give up video outtakes of a July 2005 anarchist protest in the Mission that turned violent, earned a place in the Guinness World Records for being the journalist to have served the longest jail term in US history for resisting a subpoena.

His thoughts on the agenda behind his incarceration were read at press conferences that day, reminding everyone of the importance of a free press. Meanwhile, Wolf has managed to continue operating his blog, www.joshwolf.net, by sending letters to family, friends, and fellow journalists, including those at the Guardian.

Wolf has also managed to create two other Web sites: www.mediafreedoms.net, which supports journalists’ resistance to government pressure, and www.prisonblogs.net, which allows prisoners to air thoughts and grievances. If Wolf can do all this from behind bars, imagine what he’ll do when he finally gets out. As Wolf would say, if we could only speak to him without reserving a phone interview 48 hours in advance: "Free press? Then free Josh Wolf!" (Phelan)

Public official

JOHN SARSFIELD


As district attorney for San Benito County, John Sarsfield upset the political applecart when he tried to prosecute the County Board of Supervisors for ignoring the Brown Act’s prohibitions on private communication and consensus building among board members on matters that involved employment decisions, personnel appeals, contracting, and land use–growth control issues.

His decision didn’t sit well in a county where battles over the future of the land have spawned Los Valientes, a secret society that has targeted slow-growth advocates and anyone who gets in its way — including believers in open government. So the board retaliated by defunding Sarsfield’s office, forcing the DA to file for a temporary restraining order against the board, the county administrative officer, and the county auditor, a countermove that kept his office operating and the investigation alive — until he lost his reelection bid to the board’s chosen candidate in January 2006.

One of Los Valientes’s targets, Mandy Rose, a Sierra Club member and slow-growth advocate, recalled how people on the outside warned Sarsfield what he was up against, "but he insisted on working within the system. It was what he believed in. Someone even said he was a Boy Scout."

For his efforts, Sarsfield’s life was turned into a living hell that cost him his dogs, his marriage, and eventually his job. But now, with this award, he gets some small recognition for fighting the good fight. And he has also been appointed special assistant inspector general within the Office of the Inspector General by Gov. Arnold Schwarzenegger. (Phelan)

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


Investigative reporter Lance Williams and sportswriter Mark Fainaru-Wada joined forces in 2003 to take on what became one of the biggest — and most controversial — local news stories of the past five years.

The investigation of the Burlingame-based Bay Area Laboratory Co-operative, better known as BALCO, and the larger scandal of widespread steroid use among baseball players was, the San Francisco Chronicle editors decided, too big for one reporter.

In fact, it turned out to be big enough for a series of stories, a book, and a legal battle that almost sent the two writers to federal prison. The duo admits today it was mostly the fear of getting scooped that drove them through the story’s dramatic rise.

"I’m a baseball fan in recovery," Williams told the Guardian. "I used to think I knew the sport. I didn’t have a clue about this stuff. I’m not kidding you. I had no idea how much a part of baseball steroids had become … that whole sort of seamy underside of the drug culture and the game. I just didn’t know it was like that, and I think most fans don’t either."

Although prosecutors seemed to be focusing on BALCO executives, everyone following the story wanted to know what witnesses — in this case top sports stars — told a federal grand jury investigating the company. The outfit had allegedly distributed undetectable steroids and other designer drugs to some of the world’s greatest athletes, including Giants slugger Barry Bonds, who is on his way to making history with a new home run record.

In 2003 the Chronicle published lurid details of the grand jury’s investigation based on notes Williams and Fainaru-Wada had obtained from court transcripts leaked by an anonymous source. Bonds denied knowingly taking any steroids, but prosecutors waved in the air documents allegedly confirming his regular use of substances banned by Major League Baseball.

Furious prosecutors launched an investigation into the leak of secret grand jury transcripts. The reporters were called on to testify but refused — and so joined two other reporters last year threatened with jail time for resisting subpoenas. A lawyer stepped forward last month and admitted leaking the documents, but Williams and Fainaru-Wada came dangerously close to landing in the same East Bay lockup where blogger Josh Wolf is held for refusing to cooperate with a federal grand jury.

The rash of recent attacks on reporters by federal prosecutors has First Amendment advocates up in arms. After all, no one’s going to leak crucial information if the courts can simply bulldoze the anonymity that journalists grant whistleblowers. Fainaru-Wada and Williams have since inspired a bipartisan proposal in Congress to protect journalists at the federal level (dozens of states already have variations of a shield law in place).

"People roll their eyes when you start talking about the First Amendment," Fainaru-Wada said. "But the First Amendment is not about the press, it’s about the public."

In addition to the James Madison Freedom of Information Award, Williams and Fainaru-Wada’s coverage of the BALCO stories earned them the prestigious George Polk Award. But the story took a dark, unexpected turn last month.

Defense attorney Troy Hellerman, who represented one of the BALCO executives, pleaded guilty Feb. 15 to contempt of court and obstruction of justice charges and could serve up to two years in prison for admitting he twice allowed Fainaru-Wada to take notes from the grand jury’s sealed transcripts.

Just as he was spilling details in 2004, Hellerman demanded that a judge dismiss charges against his client, complaining that the leaks prevented a fair trial. He even blamed the leaks on prosecutors. A deputy attorney general called the moves "an especially cynical abuse of our system of justice."

Media critics lashed out at Williams and Fainaru-Wada for exploiting the leaks before and after Hellerman moved for a dismissal. Among those attacking the Chron reporters were Slate editor Jack Shafer and Tim Rutten at the LA Times, who described the conduct as "sleazy and contemptible."

Williams and Fainaru-Wada today still won’t discuss specifics about their sources, but Williams said without the leaks, names of the athletes involved would have otherwise been kept secret by the government even though the grand jury’s original BALCO investigation was complete.

"The witnesses didn’t have any expectation of privacy or secrecy of any kind," he said. "They were going to be trial witnesses. It was in that context that our reporting got under way. I am sensitive to the need of an investigative grand jury to remain secret. And I’m respectful in general of the government’s secrecy concerns. But it’s not the reporter’s job to enforce that stuff." (G.W. Schulz)

SARAH OLSON


When Oakland freelance writer and radio journalist Sarah Olson stood up to the Army by resisting a subpoena to testify in the case of Iraq war resister First Lt. Ehren Watada, she faced felony charges as well as jail time. But Olson understood that testifying against a source would turn her into an investigative tool of the federal government and chill dissent nationwide. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist anymore," Olson told the Guardian.

She also objected to journalists being asked to participate in the prosecution of free speech. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime," Olson said. Watada, whom Olson interviewed, has been charged with missing a troop movement and conduct unbecoming an officer, because he publicly criticized President George W. Bush and his illegal Iraq War.

In the end, Army prosecutors dropped the subpoena once Watada agreed to stipulate that Olson’s reporting was accurate. Olson, for her part, attributes the dropping of the subpoena to the support she received from media groups, including the Society for Professional Journalists. (Phelan)

Student journalist

STAFF OF THE LOWELL


The 2006 school year got off to a rough start for Lowell High School, one of the top-ranked public high schools in the country and certainly San Francisco’s finest. The school’s award-winning student newspaper the Lowell was covering it all.

After the October issue went to press, the school’s two journalism classes, which are solely responsible for writing and editing content for the monthly paper, received a visit from the school’s interim principal, Amy Hansen. Though Hansen says there was no attempt to censor the paper and the classes agree that no prior review was requested when it appeared that the students would be covering some controversial stories, the principal questioned their motivations as journalists and asked them to consider a number of complicated scenarios designed to make them second-guess their roles as reporters. The principal told the student journalists they had a moral responsibility, not to turn out the news, but to turn in their sources and information.

In separate meetings with each journalism class, Hansen questioned them about when it was appropriate to lay aside the pen and paper in the name of the law. The students maintained that as journalists they are in the position to report what happens and not pass moral judgment. Additionally, their privileged position as information gatherers would be compromised if they revealed their sources.

The lectures from Hansen did not deter the journalism classes from their basic mission to cover school news as objectively and thoroughly as possible. Even when police were called in to question Megan Dickey, who was withholding the name of a source she’d used in a story about a tire slashing, she still refused to say what she knew. (Witherell)

Whistleblower

MARK KLEIN


Mark Klein knew there was something fishy going on when his boss at AT&T told him that a representative of the National Security Agency would be coming by to talk to one of the senior technicians. Klein was a union communications tech, one of the people who keep the phone company’s vast network going every day. The NSA visitor stopped by, and before long Klein learned that AT&T’s building on Folsom Street would have a private room that none of the union techs would be allowed to enter.

Klein kept his eyes open and learned enough from company memos to conclude that the government was using AT&T’s equipment to monitor the private communications of unsuspecting and mostly undeserving citizens. When he retired in May 2004, he took a stack of material with him — and when he read in the New York Times a year and half later that the NSA had indeed been spying on people, he decided to go public.

The 62-year-old East Bay resident had never been a whistleblower. "I didn’t even know where to begin," he told us. So he surfed the Web looking for civil liberties groups and wound up contacting the Electronic Frontier Foundation.

It was a perfect match: the EFF was about to file a landmark class-action lawsuit against AT&T charging the company with collaborating with the government to spy on ordinary citizens — and Klein’s evidence was a bombshell.

"Mark Klein is a true American hero," EFF lawyer Kurt Opsahl told us. "He has bravely come forward with information critical for proving AT&T’s involvement with the government’s invasive surveillance program."

Federal Judge Vaughn Walker has kept Klein’s written testimony under seal, but the EFF is trying to get it released to the public. The suit is moving forward. (Redmond)

SPJ-NorCal’s James Madison Awards dinner is March 13 at 5:30 p.m. at Biscuits and Blues, 401 Mason, SF. Tickets are $50 for members and $70 for the general public. For more information or to see if tickets are still available, contact Matthew Hirsch at (415) 749-5451 or mhirsch@alm.com.

James Madison Freedom of Information Award Winners

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The Society of Professional Journalists’ Northern California Chapter has been handing awards for 22 years to journalists, educators, public officials, and citizens who best exemplify the importance of open and accountable government and a free and diligent press. And every year the Guardian recognizes the winners and helps highlight the important issues that they raise for the Bay Area and beyond. Here are this year’s winners:

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


Three few years ago the Oakland Unified School District announced that, due to budget constraints, it was shutting down all the student-run newspapers in the district. Rowland "Reb" Rebele lives in Aptos, but he read about the shutdown in a San Francisco Chronicle column.

He picked up the phone, made some calls, and found out the situation was desperate and how much money was needed. He then wrote a check sufficient to resurrect the student newspapers for a year. Then he kept on writing checks to keep the papers going last year and again this year. This was typical of Rebele. No one asked him for help. He received virtually no acknowledgment for his gift. But his timely action turned the lights back on for fledgling newspapers that were out of money and, it seemed, out of luck.

Rebele is a First Amendment mensch (a description that James Madison, had he any familiarity with Yiddish, would have approved of). In his half century of publishing community newspapers that he owned and operated in Coalinga, Chula Vista, and Paradise in California and across the country, he was energetic, inspiring, and devoted to his readers and his communities, and a demon in pushing for open government and accountability. He pursued the same policies as a stalwart for half a century in the California Newspaper Publishers Association and as an activist president who brought key reforms and exceptional leaders to the organization.

Rebele has been a director of the California First Amendment Coalition for a decade. He quickly became the one truly indispensable member of the organization, pushing it, pulling it, holding it together, and cajoling it to broaden its activities because he felt the organization and its mission were vital.

He has also launched an innovative internship program at Stanford University. Rather than just give money to the school, he and his wife, Pat, created a program that has enabled dozens of students to get hands-on experience writing for real newspapers in California. Quietly and selflessly, Rebele has spent his newspaper career fighting the good fight for First Amendment and public interest principles. (Bruce B. Brugmann)

Beverly Kees Educator Award

ROBERT OVETZ


Art Institute of San Francisco instructor Robert Ovetz was fired after he criticized the administration for confiscating a magazine his students produced for his class last December.

Ovetz, who had taught at the institute for three years, told his students to create a "culturally critical" magazine as their final project for a cultural studies class he taught last fall. They produced a 36-page zine called Mute/Off.

Less than 24 hours after he and students distributed 500 copies of the magazine, which Ovetz printed with the institute’s copy machine, most were gone. Ovetz initially attributed their disappearance to popularity, but he soon learned from students that the administration of the school, which was purchased by Goldman Sachs and General Electric last year, had removed them from its campuses and even literally pulled them out of students’ hands.

"This is an example of how a corporation is not held accountable for upholding basic constitutional rights [to] free speech. This is a private company that’s operating as an institution of higher learning," Ovetz told the Guardian. "Its only interest is its bottom line, and its bottom line is profit."

Ovetz complained to the administration about vioutf8g the students’ freedom of speech and received his pink slip Dec. 20, 2006. Dean of Academic Affairs Caren Meghreblian told Ovetz the magazine possibly violated copyright law by reproducing corporate logos without permission and had grammatical errors. She also said a story in the magazine called "Homicide," about three white kids playing a video game as black gangsters, might be racist.

After Ovetz and students complained and the media reported the story, the administration allowed students to redistribute the magazines, but it still refuses to give Ovetz his job back. (Chris Albon)

To size up the magazine yourself, visit www.brandedmonkey.com/muteOffLowRes.pdf.

Citizen

RYAN MCKEE


The object of the California Public Records Act is to ensure the people’s right to know how their state and local governments are functioning. Newspapers are often the entities that test the limits and loopholes of the law. But in January 2006 an 18-year-old college student, Ryan McKee, undertook an audit of each of the 31 California state agencies that was the first of its kind. McKee tested how these agencies, which he personally visited, responded to simple requests to view and get copies of readily available public documents. The results revealed a disturbing pattern. Several agencies performed miserably, including the Department of Justice, which counsels and represents many other state agencies on the Public Records Act, and all of the agencies violated at least one aspect of the law. Common problems included asking for identification, making illegal charges, and taking longer than allowed to release information. McKee undertook the audit while volunteering for Californians Aware, a nonprofit where his father, Richard McKee, is president. A copy of the audit, including its results and grades, was sent to each agency to help it better understand and adjust to its responsibilities. (Sarah Phelan)

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


ANG Newspapers regional reporters Rebecca Vesely and Michele Marcucci are being honored for the series "Broken Homes" and their unflinching pursuit of public records that exposed negligent care administered to people with autism and other forms developmental disabilities. The series highlighted problems ranging from a lack of proper supervision to unlicensed officials working at health care facilities. Some of these offenses were then linked to patient deaths.

The award recognizes the daunting and tedious task that befell the journalists: 15 months of scouring thousands of hard-copy papers from dozens of sources that included licensing agencies, multiple law enforcement bureaus, and coroner’s offices. The results were entered into a database and cross-checked against other sources of information.

"It’s not like we work at the New York Times, where you can lock yourself in a room for a year. This is one-stop shopping here," Marcucci told the Guardian, noting that both reporters continued their daily beats while working on the project. The series was well received and helped prompt state officials to reinstate inspections of licensed facilities that had been eliminated due to budget cuts. (Christopher Jasmin)

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


Two reporters from the Sacramento Bee, Andrew McIntosh and John Hill, get Freedom of Information props for exposing the cronyism and the corruption of the California Highway Patrol.

The two wrote a series of articles detailing how the CHP violated state and department regulations in awarding contracts for items ranging from pistols to helicopters.

"The CHP spends hundreds of millions of dollars each year on equipment and goods," McIntosh told the Guardian. "That’s taxpayer money."

McIntosh said he and Hill took a systematic look at the department’s bidding process and found it was not competitive. The investigation led to the suspension of one officer, Gregory Williams, who the reporters found had awarded $600,000 worth of contracts to his daughter’s company for license plate scanning devices, $500,000 of which was canceled after the reporters exposed the scandal.

The reporters also found the CHP, which controls signature gathering at the Department of Motor Vehicles and other state buildings, denied more than 100 applications for permission to register voters or solicit signatures. Other stories pushed Senate majority leader Gloria Romero and Assemblymember Bonnie Garcia to call for a state audit of the CHP.

McIntosh told us the investigation showed "the CHP is not above public scrutiny or the law when it comes to business dealings." (Albon)

MEERA PAL, CONTRA COSTA TIMES


A good mayoral race isn’t really fun unless a bit of scandal emerges, like it did in Pleasanton two weeks before the November 2006 election.

Meera Pal decided to research the roots of a story that was handed to her by city council member Steve Brozosky, who was challenging incumbent mayor Jennifer Hosterman. Brozosky gave Pal e-mails his campaign treasurer obtained through open-records laws that showed Hosterman may have used her city e-mail account to solicit campaign donations and endorsements, a violation of state law.

But Pal went beyond Brozosky’s story and submitted her own public records requests for the city e-mail account of the mayor, as well as a year’s worth of e-mail from Brozosky and the three other council members.

Pal’s public records request revealed that Brozosky’s inbox was completely void of any e-mail, something neither he nor the city’s IT manager could explain. Brozosky is a computer expert who runs a company that vends city Web site software, so his technical expertise made the situation even more suspicious.

Investigations revealed it was just a setting on his computer that was inadvertently scrubbing the e-mail from the city’s server. Though both violations aren’t necessarily serious crimes, the race was close enough that dirt on either side could have had a profound impact on the outcome, and the results show 68,000 voters who were truly torn during the last two weeks before election day while Pal was reporting these stories. Hosterman eventually won by just 188 votes. (Amanda Witherell)

SUSAN SWARD, BILL WALLACE, ELIZABETH FERNANDEZ, AND SETH ROSENFELD, SAN FRANCISCO CHRONICLE


In the wake of 2003’s so-called Fajitagate police scandal — in which San Francisco officer Alex Fagan Jr. and others were accused of assaulting and then covering up their alleged vicious beating of innocent citizens — the San Francisco Chronicle uncovered records showing that Fagan’s short history on the force was marked by regular incidents of abusive behavior, the kind of records that should have served as a warning for the problems to come.

"We decided to take a look to see how common it was. And we spent a lot of time doing that," Steve Cook, the Chronicle editor of what became last year’s five-part "Use of Force" series, told the Guardian. The team used the Sunshine Ordinance to gather boxloads of records on use-of-force incidents, which it organized into a database that was then supplemented and cross-referenced with a wide variety of other public records, along with old-fashioned shoe leather reporting, all the while fighting through bureaucratic denials and delays.

Despite an embarrassing mislabeled photo on the first day of the series that served as fodder for attacks by the Police Department and Mayor’s Office, the series made clear that rogue cops were abusing their authority, totally unchecked by their supervisors. "We were proud of what we were able to show," Cook said. "We showed a department in need of some basic reforms."

The series helped spur the early intervention system that was recently approved by the Police Commission. It’s a good first step, but one criticized by the Chron and the Guardian for failing to include some key indicators used in other cities (see our editorial "Fix Early Warning for Cops," 2/28/07), something that Cook said requires ongoing vigilance by the press, to bring about needed reforms: "Only the news media is really going to accomplish this, if they stay with the story." (Steven T. Jones)

Legal counsel

DAVID GREENE


The First Amendment was never about money. Free speech is supposed to be free. But these days threats to the First Amendment are growing, more and more people who lack the resources of a major media outlet are in need of help — and there aren’t many places dedicated to offering that assistance, free.

That’s where David Greene and the First Amendment Project come in.

Since 1999, as a staff attorney and executive director, Greene has helped dozens of freelance journalists, students, nonprofit organizations, and independent media outlets protect and expand their free speech and open government rights.

The operation he runs is totally independent. That’s a key point in an era of massive media consolidation: when the Guardian sought earlier this year to find legal representation to force open the key records in a lawsuit over Dean Singleton’s local newspaper merger, we found that just about every local media law firm represented at least one of the parties to the case and thus was conflicted. The FAP was not.

Greene and the FAP have represented blogger Josh Wolf and freelancer Sarah Olson in landmark subpoena cases. Greene, with the American Civil Liberties Union of Northern California, wrote the amicus brief on behalf of noted literary artists in the California Supreme Court case In re George T., in which the court, relying heavily on the FAP brief, overturned the conviction of a juvenile who made threats to other students with a poem. And the struggle just goes on. The FAP is funded largely by private donations and always needs additional support.

"Unfortunately," Greene told us, "we have to turn away a lot more cases than we can take." (Tim Redmond)

News media

SAN JOSE MERCURY NEWS


After years of last-minute backroom deals at San Jose’s City Hall, things came to a head when the City Council rubber-stamped proposals to give a $4 million subsidy to the San Jose Grand Prix, $80 million for a stadium to keep the Earthquake soccer team from leaving town, and $45 million for new City Hall furniture.

Clearly, something had to give. But it was left to San Jose Mercury News editorial writers to push for transparent and accessible government and better enforcement of the state’s open government laws.

First they shamed the city, pointing out that "San Francisco, Oakland, even Milpitas have better public-access laws." Next they hammered then-mayor Ron Gonzales for saying that calls for more open government were "a bunch of nonsense." Then they printed guiding principles for a proposed sunshine ordinance that they’d developed in conjunction with the League of Women Voters and Mercury News attorney James Chadwick.

When city council member Chuck Reed was elected mayor on a platform of open government reforms, the paper still didn’t give up. Instead, it’s continuing to champion the need to bring more sunshine to San Jose and working with a community task force on breaking new ground, such as taping closed sessions so they can one day be made available when there’s no further need for secrecy.

Somehow the Merc also managed to pull off another amazing feat: the paper built public understanding of and support for sunshine along the way. (Phelan)

SAN MATEO COUNTY TIMES


When outbreaks of the highly contagious norovirus sprang up in a number of California counties, San Mateo County was among those hit. Public health officials, however, would not release the names of the facilities where numerous individuals became infected, citing concerns about privacy and not wanting to discourage facility managers from contacting health officials.

Nonetheless, the San Mateo County Times ran a series of reports on the outbreaks in the named and unnamed facilities. After publishing reports on unnamed facilities, the news staff began to receive phone calls from residents who wanted to know the names of the facilities. Times reporter Rebekah Gordon told us it became clear that the public wanted to know this information, and the paper fought the county’s secrecy.

Gordon learned that facilities are required by law to report outbreaks, regardless of the potential for media exposure. Times attorney Duffy Carolan sought out and won the disclosure of the names of four facilities.

"The county’s initial nondisclosure decision evoked public policy and public safety concerns at a very broad level, and nondisclosure would have had a very profound effect on the public’s ability to obtain information that affects their own health and safety. By persisting in the face of secrecy, the Times was able to establish a precedent and practice that will well serve to inform their readers in the future," Carolan told us.

The paper learned the outbreak was far more widespread than the county had admitted, finding 146 cases in six facilities. Gordon said, "The numbers were so much higher than we were ever led to believe." (Julie Park)

Online free speech

JOSH WOLF


Even as he sits inside the Federal Correctional Institute in Dublin, where he’s been denied on-camera and in-person interviews, jailed freelance journalist Josh Wolf manages to get out the message. Last month Wolf, who is imprisoned for refusing to give up video outtakes of a July 2005 anarchist protest in the Mission that turned violent, earned a place in the Guinness World Records for being the journalist to have served the longest jail term in US history for resisting a subpoena.

His thoughts on the agenda behind his incarceration were read at press conferences that day, reminding everyone of the importance of a free press. Meanwhile, Wolf has managed to continue operating his blog, www.joshwolf.net, by sending letters to family, friends, and fellow journalists, including those at the Guardian.

Wolf has also managed to create two other Web sites: www.mediafreedoms.net, which supports journalists’ resistance to government pressure, and www.prisonblogs.net, which allows prisoners to air thoughts and grievances. If Wolf can do all this from behind bars, imagine what he’ll do when he finally gets out. As Wolf would say, if we could only speak to him without reserving a phone interview 48 hours in advance: "Free press? Then free Josh Wolf!" (Phelan)

Public official

JOHN SARSFIELD


As district attorney for San Benito County, John Sarsfield upset the political applecart when he tried to prosecute the County Board of Supervisors for ignoring the Brown Act’s prohibitions on private communication and consensus building among board members on matters that involved employment decisions, personnel appeals, contracting, and land use–growth control issues.

His decision didn’t sit well in a county where battles over the future of the land have spawned Los Valientes, a secret society that has targeted slow-growth advocates and anyone who gets in its way — including believers in open government. So the board retaliated by defunding Sarsfield’s office, forcing the DA to file for a temporary restraining order against the board, the county administrative officer, and the county auditor, a countermove that kept his office operating and the investigation alive — until he lost his reelection bid to the board’s chosen candidate in January 2006.

One of Los Valientes’s targets, Mandy Rose, a Sierra Club member and slow-growth advocate, recalled how people on the outside warned Sarsfield what he was up against, "but he insisted on working within the system. It was what he believed in. Someone even said he was a Boy Scout."

For his efforts, Sarsfield’s life was turned into a living hell that cost him his dogs, his marriage, and eventually his job. But now, with this award, he gets some small recognition for fighting the good fight. And he has also been appointed special assistant inspector general within the Office of the Inspector General by Gov. Arnold Schwarzenegger. (Phelan)

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


Investigative reporter Lance Williams and sportswriter Mark Fainaru-Wada joined forces in 2003 to take on what became one of the biggest — and most controversial — local news stories of the past five years.

The investigation of the Burlingame-based Bay Area Laboratory Co-operative, better known as BALCO, and the larger scandal of widespread steroid use among baseball players was, the San Francisco Chronicle editors decided, too big for one reporter.

In fact, it turned out to be big enough for a series of stories, a book, and a legal battle that almost sent the two writers to federal prison. The duo admits today it was mostly the fear of getting scooped that drove them through the story’s dramatic rise.

"I’m a baseball fan in recovery," Williams told the Guardian. "I used to think I knew the sport. I didn’t have a clue about this stuff. I’m not kidding you. I had no idea how much a part of baseball steroids had become … that whole sort of seamy underside of the drug culture and the game. I just didn’t know it was like that, and I think most fans don’t either."

Although prosecutors seemed to be focusing on BALCO executives, everyone following the story wanted to know what witnesses — in this case top sports stars — told a federal grand jury investigating the company. The outfit had allegedly distributed undetectable steroids and other designer drugs to some of the world’s greatest athletes, including Giants slugger Barry Bonds, who is on his way to making history with a new home run record.

In 2003 the Chronicle published lurid details of the grand jury’s investigation based on notes Williams and Fainaru-Wada had obtained from court transcripts leaked by an anonymous source. Bonds denied knowingly taking any steroids, but prosecutors waved in the air documents allegedly confirming his regular use of substances banned by Major League Baseball.

Furious prosecutors launched an investigation into the leak of secret grand jury transcripts. The reporters were called on to testify but refused — and so joined two other reporters last year threatened with jail time for resisting subpoenas. A lawyer stepped forward last month and admitted leaking the documents, but Williams and Fainaru-Wada came dangerously close to landing in the same East Bay lockup where blogger Josh Wolf is held for refusing to cooperate with a federal grand jury.

The rash of recent attacks on reporters by federal prosecutors has First Amendment advocates up in arms. After all, no one’s going to leak crucial information if the courts can simply bulldoze the anonymity that journalists grant whistleblowers. Fainaru-Wada and Williams have since inspired a bipartisan proposal in Congress to protect journalists at the federal level (dozens of states already have variations of a shield law in place).

"People roll their eyes when you start talking about the First Amendment," Fainaru-Wada said. "But the First Amendment is not about the press, it’s about the public."

In addition to the James Madison Freedom of Information Award, Williams and Fainaru-Wada’s coverage of the BALCO stories earned them the prestigious George Polk Award. But the story took a dark, unexpected turn last month.

Defense attorney Troy Hellerman, who represented one of the BALCO executives, pleaded guilty Feb. 15 to contempt of court and obstruction of justice charges and could serve up to two years in prison for admitting he twice allowed Fainaru-Wada to take notes from the grand jury’s sealed transcripts.

Just as he was spilling details in 2004, Hellerman demanded that a judge dismiss charges against his client, complaining that the leaks prevented a fair trial. He even blamed the leaks on prosecutors. A deputy attorney general called the moves "an especially cynical abuse of our system of justice."

Media critics lashed out at Williams and Fainaru-Wada for exploiting the leaks before and after Hellerman moved for a dismissal. Among those attacking the Chron reporters were Slate editor Jack Shafer and Tim Rutten at the LA Times, who described the conduct as "sleazy and contemptible."

Williams and Fainaru-Wada today still won’t discuss specifics about their sources, but Williams said without the leaks, names of the athletes involved would have otherwise been kept secret by the government even though the grand jury’s original BALCO investigation was complete.

"The witnesses didn’t have any expectation of privacy or secrecy of any kind," he said. "They were going to be trial witnesses. It was in that context that our reporting got under way. I am sensitive to the need of an investigative grand jury to remain secret. And I’m respectful in general of the government’s secrecy concerns. But it’s not the reporter’s job to enforce that stuff." (G.W. Schulz)

SARAH OLSON


When Oakland freelance writer and radio journalist Sarah Olson stood up to the Army by resisting a subpoena to testify in the case of Iraq war resister First Lt. Ehren Watada, she faced felony charges as well as jail time. But Olson understood that testifying against a source would turn her into an investigative tool of the federal government and chill dissent nationwide. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist anymore," Olson told the Guardian.

She also objected to journalists being asked to participate in the prosecution of free speech. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime," Olson said. Watada, whom Olson interviewed, has been charged with missing a troop movement and conduct unbecoming an officer, because he publicly criticized President George W. Bush and his illegal Iraq War.

In the end, Army prosecutors dropped the subpoena once Watada agreed to stipulate that Olson’s reporting was accurate. Olson, for her part, attributes the dropping of the subpoena to the support she received from media groups, including the Society for Professional Journalists. (Phelan)

Student journalist

STAFF OF THE LOWELL


The 2006 school year got off to a rough start for Lowell High School, one of the top-ranked public high schools in the country and certainly San Francisco’s finest. The school’s award-winning student newspaper the Lowell was covering it all.

After the October issue went to press, the school’s two journalism classes, which are solely responsible for writing and editing content for the monthly paper, received a visit from the school’s interim principal, Amy Hansen. Though Hansen says there was no attempt to censor the paper and the classes agree that no prior review was requested when it appeared that the students would be covering some controversial stories, the principal questioned their motivations as journalists and asked them to consider a number of complicated scenarios designed to make them second-guess their roles as reporters. The principal told the student journalists they had a moral responsibility, not to turn out the news, but to turn in their sources and information.

In separate meetings with each journalism class, Hansen questioned them about when it was appropriate to lay aside the pen and paper in the name of the law. The students maintained that as journalists they are in the position to report what happens and not pass moral judgment. Additionally, their privileged position as information gatherers would be compromised if they revealed their sources.

The lectures from Hansen did not deter the journalism classes from their basic mission to cover school news as objectively and thoroughly as possible. Even when police were called in to question Megan Dickey, who was withholding the name of a source she’d used in a story about a tire slashing, she still refused to say what she knew. (Witherell)

Whistleblower

MARK KLEIN


Mark Klein knew there was something fishy going on when his boss at AT&T told him that a representative of the National Security Agency would be coming by to talk to one of the senior technicians. Klein was a union communications tech, one of the people who keep the phone company’s vast network going every day. The NSA visitor stopped by, and before long Klein learned that AT&T’s building on Folsom Street would have a private room that none of the union techs would be allowed to enter.

Klein kept his eyes open and learned enough from company memos to conclude that the government was using AT&T’s equipment to monitor the private communications of unsuspecting and mostly undeserving citizens. When he retired in May 2004, he took a stack of material with him — and when he read in the New York Times a year and half later that the NSA had indeed been spying on people, he decided to go public.

The 62-year-old East Bay resident had never been a whistleblower. "I didn’t even know where to begin," he told us. So he surfed the Web looking for civil liberties groups and wound up contacting the Electronic Frontier Foundation.

It was a perfect match: the EFF was about to file a landmark class-action lawsuit against AT&T charging the company with collaborating with the government to spy on ordinary citizens — and Klein’s evidence was a bombshell.

"Mark Klein is a true American hero," EFF lawyer Kurt Opsahl told us. "He has bravely come forward with information critical for proving AT&T’s involvement with the government’s invasive surveillance program."

Federal Judge Vaughn Walker has kept Klein’s written testimony under seal, but the EFF is trying to get it released to the public. The suit is moving forward. (Redmond)

SPJ-NorCal’s James Madison Awards dinner is March 13 at 5:30 p.m. at Biscuits and Blues, 401 Mason, SF. Tickets are $50 for members and $70 for the general public. For more information or to see if tickets are still available, contact Matthew Hirsch at (415) 749-5451 or mhirsch@alm.com.

Law enforcement’s real battles

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OPINION In order to be smart on crime, law enforcement needs to make important choices about where to focus our resources. Unfortunately, the Bush administration has been making poor choices, and those choices are hitting home in San Francisco.

Recently, Immigration and Customs Enforcement (ICE) has conducted raids in San Francisco and around the Bay Area, rounding up immigrants at their jobs and schools, in some instances with ICE agents announcing themselves as police. These actions sow fear in the immigrant community among undocumented and documented residents alike.

The raids conducted in San Francisco present many of us in local law enforcement with a great concern. One of law enforcement’s biggest challenges to protecting crime victims in immigrant communities is encouraging them to come forward. Because immigrants are often afraid to report crimes, they can be regarded as easy targets for violent criminals and con artists.

We all suffer when crime victims are isolated from law enforcement. If victims and witnesses do not report crimes or cooperate with law enforcement, criminals remain on the streets, and all of us are put at risk. That is why my office is holding immigrant resource fairs in the Mission District and Chinatown to support immigrant rights and to make clear to community members that they are protected by San Francisco’s Sanctuary Ordinance and that my office will not report them to ICE when they come forward as witnesses or victims of crime. Rather than driving immigrants deeper into the shadows, we need to encourage those who have been victimized by crime to work with us to hold criminals accountable.

At the same time, the US Justice Department is walking down an ominous path by threatening journalists with prison time when they protect their confidential sources. In San Francisco the US attorney has held journalist Josh Wolf in prison since September 2006. Wolf should be released. For very good reasons, 31 states, including California, have shield laws upholding the rights of journalists to protect the secrecy of their sources and unpublished information. We need a federal shield law as well.

Of course, I believe crimes against police officers should be aggressively prosecuted. But I also believe that federal authorities have an obligation to respect the First Amendment. Free speech rights are critical to the work of journalists, university researchers, organized labor, and all of us in a democracy. The Justice Department should recognize the importance of protecting free speech, not only as constitutional and civil liberties issues but as smart public safety policy. Journalists play a key role in connecting us to individuals with information about crimes, and threatening the confidentiality of their sources has a chilling effect. If sources fear their confidentiality will not be protected, they will be less likely to come forward to journalists with information that could expose corruption or assist us in solving violent crimes.

Cities across the country are grappling with serious gang violence. Precious resources should be focused on addressing violence, gun crime, and major white-collar crime, not wasted on prosecuting journalists and conducting immigration raids that sweep up innocent residents, actions that hinder our efforts to build trusting relationships with vulnerable, victimized communities and keep the public safe. *

Kamala Harris

Kamala Harris is the San Francisco district attorney.

Newsom needs to come clean

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EDITORIAL It’s no surprise that Mayor Gavin Newsom doesn’t want to answer any more questions about his affair with Ruby Rippey-Tourk. The polls suggest that most of the voters have either forgiven him or never really cared in the first place, so it’s in his interest to move on and try to keep this from becoming a campaign issue.

And if it were just about sex, that would be fine with us too.

But from the start this sordid episode had some bad elements that are every bit a matter of public interest. Rippey-Tourk wasn’t just the wife of one of Newsom’s friends; she was an employee of the city, and in a not so indirect way, Newsom was her boss. And with the evidence that has surfaced that Rippey-Tourk was paid $21,755 for work she didn’t do, including paid leave for the time she was in rehab (something other city employees don’t get), there are real questions that the mayor needs to answer.

Let’s run down the situation, as far as we can establish it:

• Rippey-Tourk and Newsom had an affair in 2005. That year she had 7 1/2 weeks of unpaid leave — a benefit that is not part of the standard package offered to city employees and not in any union contract.

• In May 2006, Rippey-Tourk went into substance abuse rehab and was out of work until July. She was still listed on the city payroll until Sept. 1, when she was cut a check for $10,155. Ultimately, she was paid for 13 1/2 weeks (or 67 1/2 days) of unpaid leave. She was entitled to 10 vacation days and 13 sick days. That leaves 44 1/2 days that she didn’t work and technically shouldn’t have been paid for.

• The Mayor’s Office says other city employees donated their unused vacation and sick time to her. It’s perfectly legal under city policy for employees to donate their paid time to a colleague who has to take a leave for a catastrophic, life-threatening illness. But alcohol and drug rehab don’t typically fall into that category.

• The law says the Department of Public Health must certify that a city employee faces an actual life-threatening illness before the catastrophic leave policy comes into play. And the employee’s supervisor has to sign off on the decision.

So somebody at the DPH must have approved a leave for a worker who almost certainly didn’t qualify, and Rippey-Tourk’s immediate supervisor at the time, then–chief of staff Steve Kava, had to have gone along.

It doesn’t take much speculation to figure out what likely went on here: Newsom had his chief of staff give an employee who had slept with the mayor a benefit that other city employees don’t get, and the director of public health, who (more or less) reports to the mayor, went along with it. And a bunch of city money was involved.

So far nobody at City Hall will answer questions about how this happened, saying that it’s a matter of employee privacy. We agree that Rippey-Tourk (the real victim in all this) has been through plenty, and the public has no business examining her medical records. But the mayor has made a nasty mess of the situation, and he can’t be allowed to just skate away without explaining whether his office in effect paid hush money out of the public till to someone he had treated shabbily — and who had strong legal grounds to sue the city and deeply embarrass the mayor in an election year.

If Newsom would show up at a Board of Supervisors meeting, the way he’s supposed to, and answer questions, the public might glean a bit more information. But he’s refusing — and while the City Attorney’s Office is conducting a confidential investigation, that’s not good enough.

The supervisors should launch their own investigation — and they need to demand to see the key documents, talk to the key players (starting with Newsom, Kava, and Public Health Director Mitch Katz), and determine if the mayor violated city law and then tried to cover it up. The budget analyst, Harvey Rose, should be directed to investigate the use of city money here — and whether this practice is going on anywhere else in the city. It won’t be easy — but the supervisors have the legal authority to issue subpoenas, and while that power is rarely used, this might be an occasion that justifies it.

The cover-up is almost always worse than the crime — and if Newsom and his senior aides won’t tell the truth about what happened, there is going to be serious fallout. *

Lisa Nowak, astronaut

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› annalee@techsploitation.com

TECHSPLOITATION I live in a world where there are sensationalistic news stories about female astronauts going on possibly murderous rampages. Let me tell you why this makes me a happy person.

But first let’s recap. Lisa Nowak is a former astronaut who two weeks ago attacked Colleen Shipman, a woman whom she considered a romantic rival. What Nowak did was violent, stupid, and wrong — as well as fairly typical for a crazed stalker. But the facts of the case were undeniably salacious headline bait. Nowak is famous for flying in the space shuttle, so you’ve got the celebrity angle. She committed a crime for love, which is always sort of thrilling; and the way she did it was bizarro. As you’ll recall from newspaper accounts, she zoomed to a rendezvous with Shipman in a grueling, 12-hour cross-country trip, wearing adult diapers so she wouldn’t have to take bathroom breaks (something she no doubt learned on the shuttle). She’d packed her trunk with a BB gun, a mallet, rubber hoses, and garbage bags. When she attacked Shipman with pepper spray, she was wearing a strange wig and freaking out.

Now charged with attempted murder, Nowak has been widely described in the press as having developed some sort of post-space traumatic syndrome because she knew she would never fly the soon-to-be-retired shuttle again. And this is where I start to feel happy. It would have been easy for pundits and sensation-loving journalists to paint Nowak’s situation as an example of why women crack under the pressure of being astronauts. But you know why they couldn’t do that? Because there are too many female astronauts, such as Eileen Collins and Bonnie Dunbar, who didn’t crack and are leading perfectly normal lives. Even better, there are men such as early astronaut Buzz Aldrin, who did crack up — in a big way — when he got back to Earth and had to shed his "hero" identity. Aldrin became an alcoholic and was consumed with depression for many years after his moon walk, and he’s talked about this openly in some of the stories about Nowak.

Nearly every story I’ve read about Nowak’s actions — in both small and large publications — has attributed her breakdown to stress over having such a high-profile job. There are no hints that she suffered from girly nerves or that women can’t juggle home life and work life. Instead, the entire situation is reported exactly the way it would have been if she’d been a famous man who lost it for reasons that have nothing to do with gender. I like living in a world where we explain women’s sensational crimes in the context of their careers rather than their gender or their families.

The other thing that makes me happy about the Nowak case is that it confirms something I’ve always known to be true: women can be as physically dangerous as men. In courtrooms and pop culture, women have traditionally been viewed as essentially passive, capable of violence only under extraordinary circumstances. As a result, women have often gotten lighter sentences than men for everything from murder to battery. Ann Jones’s sociological study Women Who Kill is in large part a chronicle of how judges have refused to convict women of murdering their children because the ladies are considered victims of postpartum depression. (Men under similar circumstances are given harsh penalties for filicide.)

In a twisted way, the public reaction to Nowak’s assault on Shipman — the fact that she was accused of attempted murder and that her violence was taken seriously — is heartening. Nobody is framing this incident as a catfight; nobody is saying Nowak is innocent because she was going through menopause or something absurd like that. She is being treated like the dangerous and potentially homicidal person that she is. Nobody is fishing around for a way to let her off the hook because she’s a chick.

I like living in a world where women are dangerous. Even better, I like living in a world where people acknowledge that women are dangerous, so they’re less likely to fuck with us. By the same token, when women do go on violent rampages, I want them held responsible for their actions and punished the same way men are. That’s not p.c. equality. That’s the real thing. *

Annalee Newitz is a surly media nerd who has paid for her violent crimes.

Chasing my stolen bicycle

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› news@sfbg.com

I stalked across the parking lot of the Mission District’s Best Buy. Like the hordes of people that streamed into the store, I was there to do a little shopping, but it wasn’t for a flat-screen TV or an iPod. I was in the market for a stolen bike.

I bypassed the aisles of buzzing electronics and headed around the back of the store to a trash-strewn alley. It was empty except for a beat-up white van with its side door ajar. I took a nervous breath and knocked on the side.

A blond man in a sweat-stained undershirt threw open the door to reveal what looked like an upended Tour de France chase car: piles of tire rims, gears, and bike frames were scattered everywhere. The powerful stink of unwashed bodies stung my nostrils. A man in a tracksuit slumbered on a seat. The blond man looked sleepy and annoyed but waited for me to speak.

My $600 bike was stolen — the third in five years — from my Mission garage the night before, and it’s here I was told by a bike messenger that I might find it. These guys were rumored to be bike thieves operating in the Mission.

"Hey man, have you seen a black and gray Fuji Touring?" I asked, employing a euphemism.

"No, we don’t steal bikes," the man said, catching my drift. "We collect bikes off the street, repair them, and then sell them. We’re like independent businessmen."

Interesting way of putting it, I thought, as I glanced at the "businessman" slumbering on a van seat. I glanced around the van half expecting to see my Fuji, but it wasn’t there, so I left.

As I trudged home I stewed. I had lost more than $1,000 worth of bikes in San Francisco. Bike theft is a virtual right of passage for most cyclists in the city, and the city’s thieves seem to operate with ninjalike stealth and efficiency. One cyclist told me how a thief stole his locked ride while he picked up a burrito from a taquería. He wasn’t away from the bike for more than five minutes.

The city’s thieves have even won a silver medal for their efforts: in 2006 the lockmaker Kryptonite ranked San Francisco as the nation’s second worst city for bike theft, behind New York.

Gradually, my anger hardened into resolve, or more precisely, a mission. It would be virtually impossible, but I would set out to find my bike. The thought that my life would mirror the plot of a Pee-wee Herman movie was more than a little amusing, but I had a job to do.

In my months-long quest I crisscrossed the city, chasing down Dickensian thieves, exploring the city’s largest open-air market for stolen goods, and finally landing in the surprising place where hundreds of stolen bikes — perhaps yours — end up. Unwittingly, I pedaled right into San Francisco’s underworld.

THE GURUS OF GREASE


Bike theft may seem like petty street crime, but it’s actually a humming illegal industry. Consider this: thieves steal nearly $50 million worth of bikes each year in the United States, far outstripping the take of bank robbers, according to the FBI. And in San Francisco’s rich bicycling culture, thieves have found a gold mine. About 1,000 bikes are reported stolen in the city each year, but the police say the actual number is probably closer to 2,000 or 3,000, since most people don’t file reports.

"It’s rampant," Sgt. Joe McCloskey of the San Francisco Police Department told the Guardian.

I sought out McCloskey, the SFPD’s resident expert on bike theft, and another man, Victor Veysey, to give me a wider view of San Francisco’s world of bike thieves and possibly a lead on where I might find my bike. Several cyclists had recommended Veysey, saying he could provide a "street level" view of bike theft.

Veysey is the Yoda of San Francisco’s bike world. For more than a decade, the 39-year-old has worked on and off as a bike messenger, mechanic, and member of the city’s Bike Advisory Committee. He also ran the Bike Hut, which teaches at-risk youth how to repair bikes. And he’s in a band that plays a tune called "Schwinn Cruiser."

Despite their different perspectives (the city’s police and biking communities are not the best of friends), McCloskey and Veysey painted remarkably similar pictures of San Francisco’s black market for bikes.

In the wide world of illegal activity, bike thievery seems to occupy a criminal sweet spot. It is a relatively painless crime to commit, and city officials do little to stop it. As McCloskey readily admitted, bike theft is not a priority for law enforcement, which he said has its hands full with more serious crimes.

"We make it easy for them," McCloskey said of bike thieves. "The DA doesn’t do tough prosecutions. All the thieves we’ve busted have got probation. They treat it like a petty crime."

Debbie Mesloh, a spokesperson for District Attorney Kamala Harris, said most bike thieves are not prosecuted, but that’s because they are juveniles or they qualify for the city’s pretrial diversion program. The diversion program offers counseling in lieu of prosecution for first-time nonviolent offenders. Bike thieves qualify for it if they steal a bike worth $400 or less. Mesloh said the District Attorney’s Office prosecutes felony bike thefts, but it doesn’t get very many of those cases.

"The DA takes all cases of theft seriously," Mesloh wrote in an e-mail.

As for the police, McCloskey was equally blunt. "You can’t take six people off a murder to investigate a bike theft. [Bike theft investigations] are not an everyday thing. No one is full-time on bike theft. As far as going out on stings and operations, I haven’t heard of one in the last year. Bike theft has gone to the bottom of the list."

McCloskey’s comments were particularly interesting in light of the conversation I had with Veysey, whom I met at the Bike Hut, an off-kilter wood shack near AT&T Park that appears as if it might collapse under the weight of the bicycle parts hanging on its walls. Veysey has a loose blond ponytail and greasy hands. He wields a wrench and apocalyptic environmental rhetoric equally well.

"Bikes are one of the four commodities of the street — cash, drugs, sex, and bikes," Veysey told me. "You can virtually exchange one for another."

Veysey believes bike thefts are helping prop up the local drug market. It sounds far-fetched, but it’s a notion McCloskey and other bike theft experts echoed. The National Bike Registry, a company that runs the nation’s largest database for stolen bikes, says on its Web site, "Within the drug trade, stolen bicycles are so common they can almost be used as currency." Veysey believes the police could actually take a bite out of crime in general by making bike theft a bigger priority in the city.

Perhaps bikes are so ubiquitous in the drug trade because they are so easy to steal. McCloskey and Veysey said thieves often employ bolt cutters to snap cable locks or a certain brand of foreign car jack to defeat some U-locks. The jack slips between the arms of the U-lock and, as it is cranked open, pushes the arms apart until the lock breaks. A bike-lock maker later showed me a video demonstrating the technique. It took a man posing as a thief less than six seconds to do in the U-lock.

As with any other trade, McCloskey and Veysey said there is a hierarchy in the world of San Francisco bike thieves. At the bottom, drug addicts (like the one Veysey believes stole my bike) engage in crimes of opportunity: snatching single bikes. At a more sophisticated level, McCloskey said, a small number of thieves target high-end bikes, which can top $5,000 apiece. In 2005 police busted a bike thief who was specifically targeting Pacific Heights because of its expensive bikes. The thief said he wore natty golf shirts and khaki pants to blend into the neighborhood.

The Internet has revolutionized bike theft, just as it has done for dating, porn, and cat videos. McCloskey said thieves regularly fence bikes on eBay and Craigslist. In August 2004 police busted a thief after a Richmond District man discovered his bike for sale on eBay. Police discovered more than 20 auctions for stolen bikes in the man’s eBay account and an additional 20 stolen bikes in a storage space and at his residence.

When bikes aren’t sold outright, they are stripped, or in street vernacular, chopped, and sold piece by piece or combined with the parts of other bikes, Veysey said. He said people occasionally showed up at the Bike Hut trying to sell him these Frankenstein bikes. But by and large, McCloskey and Veysey said, bike stores are not involved in fencing stolen bikes. However, McCloskey said bikes stolen in the city often are recovered at flea markets around the Bay Area. He believes thieves ship them out of the city to decrease the chance of being caught. The National Bike Registry reports bikes are often moved to other cities or even other states for sale.

The idea of Frankenstein bikes was intriguing, so I told Veysey I was going to look into it. He suggested I make a stop first: Carl’s Jr. near the Civic Center. I was slightly perplexed by his suggestion, but I agreed to check it out.

FAST FOOD, HOT BIKES


"Welcome to the San Francisco Zoo — the human version," said Dalibor Lawrence, a homeless man whose last two teeth acted as goalposts for his flitting tongue. His description of the place was brutally apt: a homeless man banged on one of those green public toilets, shouting obscenities; a woman washed her clothes in a fountain; and several crackheads lounged on a wall with vacant stares.

I was at the corner of Seventh and Market streets. City Hall’s stately gold dome rose a short distance away, but here a whole different San Francisco thrived. Men slowly circulated around the stretch of concrete that abuts UN Plaza. Every so often one would furtively pull out a laptop, a brand new pair of sneakers, or even — improbably enough — bagged collard greens to try to sell to someone hustling by.

Seventh and Market is where the city’s underground economy bubbles to the surface. It’s a Wal-Mart of stolen goods — nearly anything can be bought or, as I would soon find out, stolen to order. McCloskey estimated as many as three in seven bikes stolen in San Francisco end up here. The police periodically conduct stings in the area, but the scene seemed to continue unabated.

I made my way to the front of the Carl’s Jr. that overlooks an entrance to the Civic Center BART station. I didn’t know what to expect or do, so I apprehensively approached three men who were lounging against the side of the restaurant — they clearly weren’t there for lunch. I asked them if they knew where I could get a bike. To my surprise, the man in the center rattled off a menu.

"I’ve got a really nice $5,300 road bike I will sell you for $1,000. I’ve got another for $500 and two Bianchis for $150 each," he said.

I told him the prices he listed seemed too good to be true and asked him if the bikes were stolen. People gave them to him, he explained dubiously, because they owed him money. I asked him about my Fuji, but he said he didn’t have it.

I walked around until I bumped into a woman who called herself Marina. She had a hollow look in her eyes, but I told her my story, and she seemed sympathetic. She sealed a hand-rolled cigarette with a lick, lit it, and made the following proposition: "I have a couple of friends that will steal to order — bicycles, cosmetics, whatever — give me a couple of days, and I will set something up."

I politely declined. McCloskey said steal-to-order rings are a common criminal racket in the city. Police have busted thieves with shopping lists for everything from Victoria’s Secret underwear to the antiallergy drug Claritin. In one case, McCloskey said, police traced a ring smuggling goods to Mexico.

A short time later a man rode through the plaza on a beat-up yellow Schwinn. He tried to sell the 12-speed to another man, so I approached him and asked how much he wanted for it. He told me $20. With a modest amount of bargaining, I got him down to $5 before telling him I wasn’t interested.

Just before I left, two police officers on a beat patrol walked through the plaza. Sales stopped briefly. As soon as the officers passed out of earshot, a man came up to me. "Flashlights," he said, "real cheap."

INSIDE A CHOP SHOP


After striking out at Seventh and Market, I figured it was time to investigate the chop shops Veysey mentioned. The San Francisco Bicycle Coalition (SFBC) reports bicycle chop shops operate all over the city. Thieves strip bikes because the parts (unlike the frames) don’t have serial numbers and can’t be traced as stolen once they are removed from a bike. The parts can be sold individually or put on another stolen bike to disguise it, hence the Frankenstein bikes that show up at the Bike Hut.

When Veysey told me about bicycle chop shops, I pictured something from a ’70s cop movie — a warehouse in an industrial district populated with burly men wielding blowtorches. But the trail led me somewhere else entirely: Golden Gate Park.

SFBC officials said they had received reports from a gardener about chop shops in the park. When I called Maggie Cleveland, a Recreation and Park Department employee responsible for cleaning up the park, she said they do exist and would show me what she thought was one if I threw on a pair of gloves, grabbed a trash bag, and joined one of her cleanup crews. I agreed.

Shortly before 8 a.m. on a foggy, chilly morning, the crew and I picked up mechanical grabbers and industrial-size trash bags and then climbed a steep hill near 25th Avenue and Fulton Street on the Richmond District side of the park. We plunged into a large camp in the middle of a hollowed-out grove of acacia bushes.

The camp looked like a sidewalk after an eviction. Books and papers vomited from the mouth of a tent. Rain-soaked junk littered the camp, including a golf bag filled with oars, an algebra textbook, a telescope, and a portable toilet. A hypodermic needle stuck in a stump like a dart and a gaudy brass chandelier swung from a branch. Amid the clutter was one constant: bicycles and their parts.

A half dozen bikes leaned against bushes in various states of repair. There were piles of tires and gears scattered around. The noise of the crew had awoken the residents of the camp. A man and two women sprung up and immediately tried to grab things as the crew stuffed the contents of the camp into trash bags. They grew more and more agitated as two dozen bags were filled.

Cleveland said the group may have been operating a chop shop, but she didn’t have definitive proof, so they were let go with camping citations. I asked one of the campers if their bikes were stolen.

"We find this stuff in the trash. There’s an economy here. We exchange stuff for other stuff," he said.

Cleveland said the camp was typical of what the crews find around the park. One of the most notorious campers goes by the name Bicycle Robert. Cleveland said park officials have found a handful of his camps over the past couple years. One contained more than two dozen bikes, but Robert himself has never turned up.

Occasionally, cyclists will get lucky and find their bikes at a chop shop. Max Chen was eating dinner in North Beach one night when his Xtracycle, a bicycle with an elongated back for supporting saddlebags, was stolen. Chen didn’t hold out much hope of getting it back, but he put up flyers around the neighborhood anyway.

The next day Chen got a call from a friend who said he saw a portion of the distinctive bike behind the Safeway at Potrero and 16th streets. Chen went down to the spot and found a group of guys with an RV, a handful of bicycles, and a pile of bike parts. His bike was there — sort of.

"The frame was in one place, and the pedals were on another bike. Other parts were on other bikes. I pointed to all the stuff that was mine and had them strip it. My frame had already been painted silver," Chen told me.

Not surprisingly, one of the men said he had bought Chen’s bike from someone in the Civic Center. Chen just wanted his bike back, so he forked over $60. The guys handed him a pile of parts in return.

WHERE BIKES GO TO DIE


A few days after the trip to Golden Gate Park, I finally got around to doing what I should have done when my bike was stolen: file a police report. Frankly, I waited because I held out little hope the police would be of any help.

It’s true few people get their bikes back through the police, but that’s in part because most people don’t try. In fact, the police are sitting on a cache of stolen bikes so big that it dwarfs the stock of any bike store in the city.

SFPD Lt. Tom Feney agreed to show it to me, so I trekked out to Hunters Point. The police stolen property room is located in an anonymous-looking warehouse in the Naval Shipyard. Feney ushered me through a metal door to the warehouse and then swept his hand through the air as if pointing out a beautiful panorama.

"There it is," he said.

Behind a 10-foot chain-link fence topped with razor wire, row upon row of bikes stretched along the floor of the warehouse. There were children’s bikes with hot pink paint, $2,000 road bikes, and everything in between. In all, the police had about 500 stolen bikes in the warehouse. The bikes are found abandoned on the street, recovered from stings on drug houses, and removed from bike thieves when they are busted. Many of the bikes aren’t stolen — they’ve been confiscated during arrests or are evidence in various cases. The department can’t return the stolen bikes because the owners haven’t reported them stolen. After holding them for 18 months, the police donate the bikes to charity.

I intently scanned up and down the rows looking for my bike. I didn’t see it. My last, best chance for finding it had disappeared. My heart dropped knowing my Fuji Touring was gone. Feney ushered me out the door, and I began the long, slow walk back to the bus stop.

The most frustrating part is that it doesn’t have to be this way. Police and bicycle groups said there are some simple steps city officials could take to cut down on bike theft, but the issue has long slipped through the cracks.

Officer Romeo de la Vega, who works the SFPD’s Fencing Unit, said he proposed a bike registration system a few months ago, but it was shot down by the police brass. De la Vega said he was told there simply weren’t enough officers available to staff the system. Under his plan cyclists would register their bike serial numbers with police. In return the cyclists would get a permanent decal to place on their bikes. De la Vega said this would discourage thieves from stealing bikes since it would be clear they were registered, and it would speed bike returns.

With police officials claiming there are few resources to combat bike theft, it seems logical they might reach out to the community for help. But officials with the SFBC report just the opposite.

"In the past we’ve tried to connect with the police to jointly tackle the problem, but we haven’t had much luck. We don’t even know who is handling bike thefts," Andy Thornley, the SFBC program director, said.

Thornley said the coalition is willing to use its membership to help police identify chop shops and fencing rings around the city. He said the police need to do a better job of going after the larger players in the bike theft world and the District Attorney’s Office needs to take a tougher stance on prosecution.

Ultimately, Thornley said, enforcement is not the key to reducing bike theft. He said the city must make it easier for cyclists to park their bikes safely. The coalition is crafting legislation that would require all commercial buildings to allow cyclists to bring their bikes inside — something many currently prohibit. The coalition would also like to see bike parking lots spring up around the city, with attendants to monitor them.

Supervisor Chris Daly, who is an avid cyclist and has had six bikes stolen, said he is willing to help.

"It’s clear we are not doing very much," Daly said. "I think if there were a push from bicyclists to do a better job, I would certainly work toward making theft more of a priority." *

Valentine’s Day events

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PARTIES, EVENTS, AND BENEFITS

"Amor del Mar" Aquarium of the Bay at Pier 39, Embarcadero at Bay; 623-5323, www.aquariumofthebay.com. Wed/14, 7pm, $125 single, $200 couple. Support the nonprofit Aquarium of the Bay Foundation during this romantic evening featuring cocktails, culinary delights, and a live salsa band.

"Cupid Stunt — Club Neon’s Third Annual Valentine’s Day Underwear Party" Rickshaw Stop, 155 Fell; 861-2011, www.neonsf.com. Wed/14, 9pm, $10. A chance to dance with no pants, featuring DJs, a lingerie fashion show and trunk sale by designer Danielle Rodriguez, and Valentine’s visuals by Chris Golden.

"Isn’t It Romantic: New Connections Valentine’s Day Benefit Concert" Castro Theatre, 429 Castro; www.newconnections.org. Wed/14, 7:30pm, $20. Local chanteuse Nancy Gilliland sings love songs from the ’20s, ’30s, and ’40s to benefit New Connections’ HIV/AIDS healthcare services. Tickets available via www.ticketweb.com.

"Love Your Way to Abolition: Party with Saint Valentine" El Rio, 3158 Mission; www.elriosf.com. Thurs/15, 6pm, $5-50. This benefit for Justice Now, an organization that works with incarcerated women and local communities to build a safe, compassionate world without prisons, will feature speakers and live music.

"Pink’s Valentine’s Party: Cupid’s Back" 296 Liberty; www.pinkmag.com. Sat/10, 8pm, $25. This party will raise funds to support the GLBT Historical Society’s world-class archives of queer history. Romance tips given by Clint Griess, life coach on Queer Eye for the Straight Guy, and an open bar provided by Bulldog Gin and Peroni Beer. Space is limited.

"Randall Museum Presents a Valentine’s Day Sex Tour" Randall Museum, 199 Museum Way; 554-9600, www.randallmuseum.org. Thurs/15, 7:30pm, free, donations encouraged. Guest speaker Jane Tollini of the San Francisco Zoo leads an entertaining and educational romp through the wild kingdom, featuring fairly explicit photos and her own blend of knowledge and humor.

"Sea of Love Scavenger Hunt" California Academy of Sciences, 875 Howard; 321-8000, www.calacademy.org. Sat/10-Thurs/15, 10am-5pm, free with museum admission. Embark on a self-guided scavenger hunt to find the museum’s most amorous creatures and earn fun prizes. G-rated tours available for children.

"The Sweet Cheat Gone — a Free Public Street Game" Meet at corner of Steuart and Market; www.sfzero.org. Sat/10, 7pm, free. Participants take sides in the prosecution of a defendant accused of committing a crime. Teams will travel by foot, bike, or Muni (no cars or taxis) to various San Francisco locations, competing with each other to collect or destroy evidence and prove their case.

"Valentines, Fashion, and You" Nordstrom San Francisco Center, 865 Market; 243-8500, ext 1240. Sat/10, 12pm, free. Event features live models, the hottest fashions in lingerie, refreshments, and prize drawings. Space is limited to the first 100 who RSVP to the number listed above.

"The Vampire Tour of San Francisco" Meet at corner of California and Taylor; (650) 279-1840 (reservations), www.sfvampiretour.com. Wed/14, 8pm, $15-20. Spend Valentine’s Day in the company of a vampire, and take an amorous walk through beautiful Nob Hill. A few special guests are dying to meet you.

"Woo at the Zoo" San Francisco Zoo; Sloat Blvd at 47th St; 753-7263, www.sfzoo.org. Sun/11, 12pm, Tues/13-Wed/14, 6pm, $70. This new and dynamic multimedia event provides an entertaining approach to the erotic life of animals, including how they choose their mates and raise their families. The 90-minute tour features up-close animal encounters and romantic refreshments. Admission includes presentation, refreshments, parking, and zoo admission.

BAY AREA

"Have a Heart" MOCHA — Museum of Children’s Art, 528 Ninth St, Oakl; 510-465-8770, www.mocha.org. Sat/10-Sun/11, 1pm-4pm, $5 per child. Make a papier-mâché heart sculpture or a lacy wire heart mobile and design unique cards for your loved ones.

"Nils Peterson’s Valentine’s Day Poetry Reading" Le Petit Trianon Theatre, 72 N Fifth St, San Jose; www.pcsj.org. Wed/14, 5:30pm, $10 includes glass of wine. The Poetry Center San Jose presents Nils Peterson, whose long literary career includes a 30-year tenure teaching creative writing at San Jose State University. Also featuring Sally Ashton.

"Saint Valentine’s Day Poetry Reading" Frank Bette Center for the Arts, 1601 Paru, Alameda; (510) 523-6957, www.frankbettecenter.org. Wed/14, 7pm, free. Alameda’s poet laureate Mary Ridge and others will read about people they have loved and welcomed.

"Week of Valentines at Habitot Children’s Museum" Habitot Children’s Museum, 2065 Kittredge, Berk; (510) 647-1111, www.habitot.org. Wed/7-Wed/14, $6 per child and $5 for accompanying adult. Add your unique artistic touch to a large heart sculpture and create handmade Valentine cards for your family and loved ones using recycled materials at this award-winning discovery museum for young adults.

FILM, MUSIC, AND PERFORMANCE

"BATS Improv Special Valentine’s Day Performance" Bayfront Theater, Fort Mason Center, bldg B, Marina at Laguna; 474-8935, www.improv.com. Wed/14, 8pm, $10 advance, $15 at the door. In the first half of the show, audience suggestions will spark scenes and improv games that illustrate the humor in romance. In the second half, the audience will supply a title and a theme for an improvised story that will be created on the spot by BATS’s improv troupe.

"Club Chuckles Presents: Soft Rock vs. Smooth Jazz Valentine’s Day Bash" Hemlock Tavern, 1131 Polk; 923-0923, www.hemlocktavern.com. Wed/14, 9pm, $5. A battle of the bands that pits the forces of soft rock against smooth jazz, as played by bands Cool Nites and the Sound Painters, respectively. Moderated by comedy duo Carole Murphy and Mitzi Fitzsimmons, who will also dispense advice to the lovelorn and romantically challenged.

"Love Bites the Hand That Feeds It" Theatre Rhinoceros, 2940 16th St; 861-5079, www.therhino.org. Fri/9-Sat/10, 8pm, $15-$30. The Lesbian/Gay Chorus of San Francisco presents its annual anti-Valentine’s Day cabaret. Both evenings feature a variety of solo, duet, and group performances and will include a fifty-fifty raffle. The Feb. 10 event features a live auction.

"The Love Show by the Un-Scripted Theater Company" Phoenix Theatre, 414 Mason; www.un-scripted.com. Wed/14, 8pm, $15-40. "The Love Show" will feature songs, scenes, and love-themed fun, all completely improvised. Couples and singles are encouraged to come. (There will even be a "quirky alone" seating section.)

"Mortified: Doomed Valentine’s Show" Make-Out Room, 3225 22nd St; www.makeoutroom.com. Fri/16-Sat/17, 8pm, $12. Frequently featured on This American Life, Mortified is a comic excavation of teen angst artifacts (journals, poems, letters, lyrics, and home movies), as shared by their original authors. More information at www.getmortified.com.

"Nice Jewish Girls Gone Bad" Red Devil Lounge, 1695 Polk; www.nicejewishgirlsgonebad.com. Wed/14, 9pm, $12. Featuring comedy, music, spoken word, and burlesque from performers seen on Comedy Central, HBO, and MTV. These girls thrill everyone but their mothers.

"Valentine’s Day Film Program: Labor of Love" Exploratorium, McBean Theater, 3601 Lyon; www.exploratorium.edu. Sat/10, 2pm, free with museum admission. In the spirit of Valentine’s Day, the Exploratorium presents a program of short, expressive films about people who love what they do.

BAY AREA

"Comedy Night in Novato" Pacheco Playhouse, 484 Ignacio Blvd, Novato; 883-4498, www.pachecoplayhouse.org. Wed/14, 6:30pm and 8:30pm, $15. Local comics bring levity to this most romantic of nights. A champagne celebration will close the evening.

"Valentine’s Day Comedy with Johnny Steele and Pals" Village Theater, 223 Front, Danville; (925) 314-3400; www.johnnysteele.com; Wed/14, 8pm, $18. Winner of the San Francisco International Comedy Competition, Johnny Steele has been plying his trade for nearly 20 years. A cavalcade of comics joins him for the third annual event.

ART SHOWS

BAY AREA

"All Heart" Expressions Gallery, 2035 Ashby, Berk; (510) 644-4930, www.expressionsgallery.org. Fri/10, 6pm, free. A collaborative art show with Children’s Hospital Oakland and Art for Life Foundation. The show runs through March 9. Presenting the work of patients participating in Art for Life programs as part of their care and rehabilitation. *

JOSH’S 169th DAY

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by Amanda Witherell

Well, it’s not exactly cause for celebration, but Tuesday, February 6 will be Josh Wolf’s 169th day in jail and he’ll now be known as the journalist with the longest record of incarceration for contempt in US history. There’s a press conference at noon on the steps of City Hall and speakers include Assemblymember Mark Leno, Supervisor Ross Mirkarimi, journalist Sarah Olson who just shed her own prison duds, and filmmaker Kevin Epps, as well as various first amendment lawyers and media advocates.

The real party is Tuesday night at 8 pm at House of Shields at 39 New Montgomery Street. MAP It’s a benny to raise funds for Wolf and it’s sure to be a good time. (At the last one they gave out excellent “Journalism is not a crime!” Free Josh t-shirts when you donated $15. Totally worth it.)

JOSH’S 169th DAY

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by Amanda Witherell

Well, it’s not exactly cause for celebration, but Tuesday, February 6 will be Josh Wolf’s 169th day in jail and he’ll now be known as the journalist with the longest record of incarceration for contempt in US history. There’s a press conference at noon on the steps of City Hall and speakers include Assemblymember Mark Leno, Supervisor Ross Mirkarimi, journalist Sarah Olson who just shed her own prison duds, and filmmaker Kevin Epps, as well as various first amendment lawyers and media advocates.

The real party is Tuesday night at 8 pm at House of Shields at 39 New Montgomery Street. MAP It’s a benny to raise funds for Wolf and it’s sure to be a good time. (At the last one they gave out excellent “Journalism is not a crime!” Free Josh t-shirts when you donated $15. Totally worth it.)

Wolf Still Caged — 163 Days!

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by Amanda Witherell

U.S. District Court Judge William H. Alsup has again denied release of Josh Wolf, the 24-year-old journalist in jail. Wolf’s attorneys had filed a Grumbles motion which argued that no matter how long Wolf is in jail, he will not change his position. Therefore, his incarceration is undue punishment and illegal. Judge Alsup ruled Tuesday, Jan. 30 that it’s still possible jail could have a coercive effect and Wolf is to stay put.

On February 7, if Wolf is still behind bars he’ll have outlegged Houston’s Vanessa Leggett as the longest journalist ever incarcerated. And journalism isn’t even a crime!

Wolf was subpoenaed by a Federal grand jury for exercising his First Amendment rights and withholding raw video footage and refusing to testify about what was on the tape. It was shot during a July 2005 G-8 rally in San Francisco that turned violent: a San Francisco Police officer was seriously wounded and a cruiser destroyed and the authorities have always claimed they want to see if those acts were captured by Wolf’s camera. Wolf has always maintained that they weren’t, and the intimation has been that this is an attempt to coerce Wolf into identifying other protesters at the rally.

In other freedom of the press news, the subpoena for journalist Sarah Olson has been dropped. Lieutenant Ehren Watada, who was court-martialed for refusing deployment to Iraq and speaking out against the illegal war, has stated that everything he told Olson was true, so now she doesn’t have to go to court and say it or go to jail for not saying it. Hooray!

Wolf still caged – 163 Days!

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by Amanda Witherell

U.S. District Court Judge William H. Alsup has again denied release of Josh Wolf, the 24-year-old journalist in jail. Wolf’s attorneys had filed a Grumbles motion which argued that no matter how long Wolf is in jail, he will not change his position. Therefore, his incarceration is undue punishment and illegal. Judge Alsup ruled Tuesday, Jan. 30 that it’s still possible jail could have a coercive effect and Wolf is to stay put.

On February 7, if Wolf is still behind bars he’ll have outlegged Houston’s Vanessa Leggett as the longest journalist ever incarcerated. And journalism isn’t even a crime!

Wolf was subpoenaed by a Federal grand jury for exercising his First Amendment rights and withholding raw video footage and refusing to testify about what was on the tape. It was shot during a July 2005 G-8 rally in San Francisco that turned violent: a San Francisco Police officer was seriously wounded and a cruiser destroyed and the authorities have always claimed they want to see if those acts were captured by Wolf’s camera. Wolf has always maintained that they weren’t, and the intimation has been that this is an attempt to coerce Wolf into identifying other protesters at the rally.

In other freedom of the press news, the subpoena for journalist Sarah Olson has been dropped. Lieutenant Ehren Watada, who was court-martialed for refusing deployment to Iraq and speaking out against the illegal war, has stated that everything he told Olson was true, so now she doesn’t have to go to court and say it or go to jail for not saying it. Hooray!

Doin’ the ‘Dance

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Sundance has become a spectator business event, like the weekly box office returns. This year turned out to be a surprise bull market when the same buyers who went in saying there was little of apparent commercial appeal on the program wound up spending tens of millions in an acquisitions frenzy. I didn’t get to see Son of Rambow, an ’80s nostalgia piece about action movie–obsessed kids that earned a cool $8 million distribution deal. But that movie at least sounds like real fun. Predictably, most of the features that scored dealwise were on the safe, earnest, kinda bland side, such as Adrienne Shelly’s posthumously completed Waitress, the Australian dramedy Clubland, and the John Cusack–as–Iraq War widower vehicle Grace Is Gone.

Other big-noise titles expired on arrival, including several exploring (or is that exploiting?) the de rigueur shocking subject of our moment, child abuse. Noses were held around Hounddog (the Dakota Fanning–rape film) and An American Crime (Catherine Keener as a monster foster mom), though child abduction drama Trade won some appreciation. Such controversial flicks were often more exciting in advance hype than onscreen, though conversely several bad-taste movies proved more than edible. Many thumbs went up for vagina dentata black comedy Teeth, and my own at least were hoisted for all-star, Commandments-inspired The Ten (in which Winona Ryder enjoys vigorous pleasuring with a ventriloquist’s dummy), from the good folks of comedy troupe the State. Not to mention (in a different realm entirely) Robinson Devor’s Zoo, an extraordinarily poetic and nonjudgmental documentary-dramatization mix about something you might expect those adjectives couldn’t apply to: the 2005 death of a Seattle man whose colon was perforated by an Arabian stallion’s member.

Zoo was a startling exception to a problem that’s become common among the kind of indie cinema Sundance programs — stuff that, since it’s often funded by HBO or PBS or whatever (or is simply produced with the expectation of a small- rather than big-screen career), tends to look, act, and smell like TV. There’s nothing wrong with that, since good fiction stories can be told and compelling documentaries crafted without the need for great visual panache. Still, the lack of aesthetic excitement, the sheer broadcasty-ness (abetted by so much HD photography) increasingly makes anything that feels like a real film seem refreshing. Examples most often surfaced among more experimental features (yes, they still get programmed at Sundance — you just don’t hear about them), such as Zoo and the ecstatically intimate soccer documentary Zidane: A 21st Century Portrait.

Sundance proved again this year that it’s the premier showcase for movies starring people who can single-handedly make viewing worthwhile. Parker Posey, Sam Rockwell, Vera Farmiga, and Samantha Morton had two entries each. Steve Buscemi, god bless him, had three (including one he cowrote, directed, and starred in). Plus, there were opportunities to see actors like Ryan Reynolds (The Nines), Queen Latifah (Life Support), and Anna Faris (Smiley Face) get the generous roles you knew they were capable of filling. At times at Sundance the US film world almost seems like a repertory company of versatile, brilliant professionals — one that sometimes lets A-list Hollywood guest stars take part, in which context they tend to flounder (i.e., Lindsay Lohan in the achingly dull Jared Leto is Mark David Chapman drama Chapter 27; first-time director Anthony Hopkins’s embarrassing, surreal egofest, Slipstream). They may not get the big breaks, but the cool kids in class can always make the popular ones look insipid. (Dennis Harvey)

Where’s the beef on LGBT issues?

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OPINION Common wisdom says that Mayor Gavin Newsom has forever endeared himself to the LGBT community by issuing marriage licenses to queer couples shortly after coming into office in 2004. Even though a state court later declared those licenses invalid (the city is appealing), Newsom’s popularity among queers doesn’t appear to have diminished. This is despite the fact that the Newsom administration has actually done little in terms of some of the major issues facing the community.

Let’s take a look at a few of those issues:

• Housing for people with AIDS. A couple months after the "winter of love" at City Hall, Newsom appointed Jeff Sheehy as AIDS czar. An AIDS activist and former hate-crime-victim advocate in the District Attorney’s Office, Sheehy was supposed to help the mayor formulate AIDS policies. But it was a volunteer position, and the major concern of people with AIDS — affordable housing — was never addressed. Two years later Sheehy resigned the post. Meanwhile, the city’s affordable housing crisis still leaves many low-income people with AIDS desperately scrambling for a place to live after they are evicted by real estate speculators looking for a quick buck in the tenancy-in-common market. The situation is so bad that the AIDS Housing Alliance dubbed the Castro "the AIDS eviction capital of the world."

• Liaison to the LGBT community. Apparently, former mayor Joe Alioto initiated this position in 1973. Newsom’s appointment was not a community activist but someone who worked in advertising. Founder of Gays for Gavin in the 2003 mayoral election campaign, James "Jimmer" Cassiol served for almost two years before he too resigned. His major duty seemed to be representing the mayor at LGBT functions.

• Homelessness among queer youth. While Newsom is quick to tout his Care Not Cash and Operation Homeless Connect programs as solutions to one of the city’s most enduring and heartbreaking problems, he failed to mention youth in general and queer youth in particular in his recent state of homelessness address. To date, only a handful of queer youth have received city-sponsored housing — in a hotel on Market Street, which Castro supervisor Bevan Dufty secured. More hotel rooms are supposedly on the way.

• Affordable housing for seniors. A proposed Market-Octavia Openhouse project for queer seniors won’t actually provide housing for those who need it the most: people with incomes below 50 percent of the area median income. The Newsom administration has done little to alleviate the lack of affordable housing for seniors, especially queer ones.

As the old woman in the ’70s commercials used to ask, where’s the beef? When it comes to queer issues, there is none. There’s certainly a lot of talk, many public appearances by the mayor and his representatives at queer functions, and the general promotion by Newsom and his staff of the idea that in San Francisco the LGBT community matters.

But if you’re poor, a senior, or homeless, it’s a different story altogether. *

Tommi Avicolli Mecca

Tommi Avicolli Mecca is a radical, southern Italian, working-class queer performer, writer, and activist whose work can be seen at www.avicollimecca.com.

Putting the Sixties to rest

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By Tim Redmond

I’m been meaning to write something for a while now about the recent Black Liberation Army arrests, but it’s tricky: I don’t believe in shooting anyone, and killing a cop is a heinous crime, and there is no statute of limitations on murder, nor should there be.

But somehow, I feel the same way about this case as I did about the Sara Jane Olsen case and all these other efforts to get criminal indictments for things that happened in the heat of the 1960s, when there was, in some ways, a low-scale civil war on in this country — and both sides were doing some nasty stuff.

If you want to indict the alleged members of the BLF for shotgunning a cop, fine. Then how about indicting Henry Kissinger for war crimes? How about tracking down and indicting all the living FBI agents who illegally wiretapped radicals? How about indicting some federal agents and Chicago cops for the killing of Fred Hampton? The list goes on.

I’m thinking that if we really want to go down this road, we should create a 1960s Truth and Reconciliation Commission. It the South Africans could deal with their bloody history that way, so can we.

Otherwise, the balance of indictments hardly seems fair.

Flowers unempowered

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It’s been quite a year for local florist Guy Clark. His dad passed away about a year ago, and Clark suffered a heart attack shortly afterward. Two weeks later, the building at 15th and Noe where he rents garage space to sell flowers caught on fire. The good news was that his space was not damaged. The bad news was that his landlord, Triterra Realty, didn’t immediately renovate the destroyed apartments and let most of the tenants move out, telling the two who remained, Clark and Irene Newmark, that they would have to move soon, too: once the renovations were completed, the building would be put on the market and possibly sold as Tenancy-in-Common (TIC) apartments.

Some more bad news came the other day, on the morning of Jan. 22 when Clark discovered his space had been vandalized in an apparent hate crime.

“KKK” was scrawled across the garage door in blue paint. “Fuck you” with an arrow pointing to the door was written in off-white paint on the sidewalk. Additional garnishes of white and blue were splashed and smeared throughout the area.

“They totally trashed the place,” Clark told the Guardian. “I imagine that it’s geared toward me because I’m an African American.”

Clark said he notified the San Francisco Police Department, and an officer came by to file a report and take some pictures. The case will be referred to the Hate Crimes unit.

“I can’t really think of anybody who would do something like this,” said Clark, adding that he recently had a minor altercation with a neighbor up the street but no other suspects immediately came to mind. “Ninety-nine percent of the people who come by are a blessing.”

Clark has been living and selling flowers in the neighborhood for 25 years, and renting this particular space for five. The Guardian awarded his shop a Best of the Bay in 2005.

“This is more than tragic. Guy is very loved by this neighborhood,” said Irene Newmark, who lives in the building where Guy’s Flowers is housed. Newmark thinks increased gentrification, while not directly related to the hate crime, is changing the place where she’s lived for many years. Newmark listed off several nearby properties that have been sold recently or are on the market, including one that sits vacant across the street.

“They offered to buy me out for $10,000, but that’s not a financial incentive to move,” she said, adding that by the time she paid taxes on the money and found a new place to live most of the money would be gone. She said the owners of the building told her their intent was to sell the building on TIC speculation and “the day it sells you’ll receive your Ellis Act notice.”

Riyad Salma, a spokesperson from Triterra Realty, based on nearby Sanchez Street, said the company has joint ownership of a few other properties in the neighborhood and would be putting a different TIC on the market shortly. He didn’t want to comment on the TIC prospects for the building where Guy’s Flowers is housed, saying it was too market dependent and difficult to say at this point what they will do. He did confirm that the building would be put up for sale soon, “marketed as a whole building or TICs. Whoever will take it,” he said.

Salma also expressed dismay about the crime. “The vandalism seemed to be hate-motivated and race-motivated and it’s not something we’ve ever seen in the neighborhood,” he said.

Sitting on a bench among pots of flowers that decorate the sidewalk in front of her building, Newmark said, “It’s so ironic that those that are beautifying the neighborhood are being forced out.”

Nearby a Department of Public Works employee wielded a hose like a magic wand, trying to make the hateful slurs disappear.

Clark said he plans to keep doing what he does for as long as he can, whether it’s in this building or the one where he lives, four doors down the street.

“I’m usually closed on Mondays and Tuesdays,” said Clark. “But I was thinking about just going and selling whatever I had left. The idea of selling flowers makes me feel better.”

Czar of noir

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› a&eletters@sfbg.com

One doesn’t feel far from the dark, stylized universe of classic film noir in Tosca, a long, obliquely angled bar in North Beach. It is where I am to meet Eddie Muller, the man behind San Francisco’s Noir City festival and corresponding Film Noir Foundation, a self-described "writer and cultural archaeologist" with several spry volumes of film history to his credit — alluring, fanatic titles such as Dark City: The Lost World of Film Noir, Dark City Dames, and Grindhouse: The Forbidden World of "Adults Only" Cinema.

"There seems to be an almost Freudian attachment to water. The empty noir streets are almost always glistening with fresh evening rain … even in Los Angeles," writer-director Paul Schrader writes in his seminal essay "Notes on Film Noir." Now, as the afternoon darkens, the Columbus Avenue strip is dry, but the Lusty Lady’s neon glows while I wait for the bar to open. Noir’s trademark deep focus would lend itself well to the space inside, filled with the stale smoke of yesterday’s cigarettes and deep red and mahogany: it’s a romantic kind of place, a remembrance of things past. One of the many dizzying plot twists in Jacques Tourneur’s 1947 Out of the Past — perhaps the most knotty and melancholy of the noirs, a preeminent example of the genus — has Robert Mitchum’s heavy chasing after a double-cross in a North Beach bar. I think about this as Muller strides in with an easy gait. We settle in to talk, and the jukebox turns to smoky jazz: "Mood music," he says and then laughs.

Setting the mood is something Muller is exceedingly good at. The first time I met him was at the press conference for last year’s Noir City, staged at the York Hotel’s appropriately named Empire Plush Room — deep red, again, with little flutes of champagne. The nightclub decor of last year’s festival may have been sucked up by the cavernous dimensions of the Palace of Fine Arts, but the attempt to establish a kind of interstitial lobby space was a nice gesture, especially since these films are, if nothing else, about atmosphere.

After two years away, this coming installment of Noir City, the fifth, will be held at the Castro Theatre. Muller’s decision to return to the Castro — made difficult by the theater’s firing of programmer and chief Noir City collaborator Anita Monga — speaks to the emphasis he places on the moviegoing experience, as well as his deep respect for Bay Area audiences. "We struggle to get 200 people to the theater in LA," Muller muses before adding excitedly, "I mean, we get five times that many people out here. The studios can’t believe it…. I always have to be careful when I talk about the numbers." He laughs. "You want it to be great, but you don’t want it to be so great that they’re thinking, ‘Wait a second, why are we giving these guys a break on these old films?’ "

It’s no wonder that studios take note of Muller’s successes. Hollywood’s big players trot out old movies on DVD not so much from altruistic preservation impulses as from an urge to fatten the bottom line, the sense that there’s an extra buck to be made from some old holdings. The studios have a long history of neglecting their archives, but when hundreds of people come out and pay their money for Raw Deal (a tough little 1948 Anthony Mann picture opening this year’s festival), heads turn.

Muller is modest when discussing some of the DVD sets he has helped spark, but this propriety does nothing to disguise his missionary zeal. When he describes a preservation victory, such as an upcoming John Garfield DVD set, he beams. But as he mulls over decaying prints, his countenance turns worried. (Though gussied-up imprints like the Criterion Collection give the sense that the classics are safe, the films they release represent only a small fraction of what’s in the vaults.) Muller details his maneuverings for Joan Crawford films ("She is the force behind these films…. She is the auteur as much as John Waters is an auteur") and how he ended up trading 1952’s This Woman Is Dangerous for 1950’s The Damned Don’t Cry for this year’s fest. The urgency in his voice is from more than just trying to score an outrageous Crawford vehicle. "In these last five or six years," he says, "I’ve learned the possibility is very real that American culture can just decay and slip away."

Muller’s experience runs deep enough that it’s easy to forget Noir City is such a babe. A spree through three venues in five years (the festival has also run at the Balboa Theater) has a way of making a festival grow up fast, though the major renovation to Noir City has taken place behind the scenes. Formed in the autumn of 2005, the Film Noir Foundation was originally conceived of as a means to land the best available prints of rare films, something very much on Muller’s mind after his experience booking Edgar G. Ulmer’s gonzo 1945 B-movie Detour for the second Noir City.

"What I came to realize was that there are prints that are circuutf8g prints and there are prints that are archival prints," Muller says. "When we had [Detour ‘s] Ann Savage as a guest that second year, the only print in circulation of Detour was junk. I knew that the Cinémathèque Française had a print that was good, but they would never ship it to the Castro [a for-profit theater]. So that’s where the San Francisco Film Society stepped in, and they said they’d book it for us…. Altruism wasn’t my initial motivation for doing this. It was about getting the good prints."

In the time since, the Film Noir Foundation has blossomed into a vital preservation group. "It achieved a life of its own," Muller explains, "because it became a viable way to create an entity that presents a united front to the studios to show that there was a reason and a value in saving these films. In the case of The Window [a 1949 film that anticipates Hitchcock’s Rear Window] and Nobody Lives Forever [from 1946, a taut con man picture with a typically strong John Garfield performance], we’ve done the restoration and put them back in circulation, and they show at other festivals, and the film carries the Film Noir Foundation logo. It’s a way of saying [to the studios], ‘Look, if we do this, you’re going to get more bookings out of the film.’ We’re almost like a lobbying group for film noir."

For every victory like those films’ restoration — or, for that matter, bringing celebrity writers such as Denis Lehane and James Ellroy on to the foundation’s board — there are many grueling and perhaps futile battles. The foundation, for example, has located the elements and "contacted the people we need to contact," Muller says, to restore 1951’s The Prowler, an edgy feature about a sociopathic cop. The film might be a key noir, but the Film Noir Foundation hasn’t been able to fund the process (which Muller quotes at $40,000). The ultimate trick would be to get the studios to realize the potential and take on these costs themselves, and that is happening but not necessarily fast enough to keep many prints from disappearing. "Even films by major filmmakers," Muller adds. "There are Billy Wilder ones that are questionable…. [1942’s] The Major and the Minor — is anyone preserving that film?"

Muller relishes talking shop about forgotten films (this year 12 of 20 films in the Noir City program guide are marked, in red type, "RARITY!!! Never on VHS or DVD!" with one, 1949’s Abandoned, emphasized as being "RARE AS THEY COME!!!"). But it’s important to note that his programming is also deeply inclusive. Noir, like any singular, involved body of work, has its cult, but Muller’s aims are broad enough to keep the festival from feeling too much like a Trekkie convention. More important to him than his specific love of noir is his audience’s moviegoing experience.

"This is something that Anita really taught me," Muller explains. "When I was first programming, I’d try to load the program with all these rare, obscure things, and she said, ‘No, what you have to understand is that you appeal to people who get it, but they want to bring their friends and say, ‘You gotta see this! " He continues, "She was absolutely right. Show the traditional thing but book it with something obscure. Right out of the gate … [Noir City] showed The Lady from Shanghai with [the 1950 Ann Sheridan vehicle] Woman on the Run, and Woman on the Run was the rarest of the rare. No one had seen that. We filled the Castro that night, and people went nuts for that film, and that’s still the greatest moment we’ve had doing the festival."

Given Noir City’s emphasis on the big-screen experience, it might be surprising to learn that Muller himself first experienced many of the classic film noirs on late-night television. "I saw Detour for the first time at 3 a.m. on Movies ‘ Til Dawn," he reminisces. "You’re hallucinating these films. It’s great…. To have that be your first experience of Ann Savage: 3 a.m. when you’re 14 years old. You’re, like, ‘Who is this woman? ‘ "

It didn’t take long for Muller to graduate to the burgeoning rep scene in ’70s San Francisco, an era he reflects on in an aching piece ("Noir City, Our City") for Julie Lindow and R.A. McBride’s upcoming essay and photo collection about San Francisco’s dwindling movie theaters, Left in the Dark. "Theaters, as much as movies themselves, were landmarks of my early life," his contribution begins. "Films offered wishes and warnings about the life I could lead, the person I could be, but it was the movie houses that guided me through the streets and neighborhoods of San Francisco, introducing me to every nook and cranny of my 49-square-mile hometown."

It was noir that gave shape to Muller’s passion, and he’s hardly alone in this. I’ve often thought that the way the classic femme fatale seduces her doomed prey is the onscreen equivalent of the way films draw in — and obsess — their audiences. A great many movies are stylish and smart to the point of irresistibility; how many times has the promise of hard shadows and unrepentant fatalism at the theater won out over a sunny afternoon in the real world?

Famous for being vaguely defined as a species — as with folk music or modernism, there are common landmarks, but everyone seems to have their own criteria — the dark crime dramas of the ’40s were first christened film noir by French critics when the films flooded Paris en masse following the close of World War II. This was 1946 and, as it turns out, only the beginning. The grittiest, most whacked-out instances of noir, startling films such as D.O.A. and Gun Crazy (both released in 1950), Pickup on South Street (1953), and Kiss Me Deadly (1955), arrived as Americans wrestled postwar demons and Hollywood entered an identity crisis that hinged on both Communism and television.

Most experts close noir’s door at the end of the ’50s, classifying related films following 1958’s Touch of Evil as neonoir (e.g., Chinatown, Mullholland Drive). A college professor of mine considered noir less a genre than a virus: a stylish, fatalistic streak infecting normal melodramas, gangster pictures, and even westerns and comedies. This jibes with the different ways noir announces itself: sometimes in the overall tone of a film, other times in a single character or lighting setup. Definitions aside, one emergent truth is a high benchmark of quality for films under the rubric. This film species has survived the decades better than most, especially those born of Hollywood. Schrader put it this way: "Picked at random, a film noir is likely to be a better-made film than a randomly selected silent comedy, musical, western, and so on."

Schrader follows this with the observation that "film noir seemed to bring out the best in everyone: directors, cameramen, screenwriters, actors." In other words, film noirs are creditable examples of what the esteemed critic André Bazin referred to as the "genius of the system," that strange mix of artistry, economics, and streamlined collaboration that helped to define the studio era. It’s a point not lost on Muller. "There are business factors as well as artistic factors that are brought to bear," he says. "You can’t look at one without the other." During our conversation an implicit criticism of auteurism (the mode of movie critique that is interested in films in terms of their directors) begins to emerge.

Muller has his favorite directors, of course, but he’s more interested in untangling a film’s production history — the messy business of sorting out who did what — than in pontificating about why one director’s style is better than another’s. (Indeed, auteurist debates often have the quality of those childhood arguments over whether Superman would beat Batman in a fight.) There are, of course, those directors who really did shape their own work, exerting an unusual degree of control, but far more typical is someone like Robert Wise, a by-assignment director who turned in salty noirs such as 1947’s Born to Kill and 1949’s The Set-Up (a superior boxing picture that runs circles around Raging Bull ) in addition to better-known schlock like The Sound of Music.

Considering the fact that so many of noir’s characters are fallen (the forgotten man and the spurned woman), it seems all too appropriate that the achievements of many of the form’s major contributors remain unsung. To take a sterling example, cinematographer John Alton is as responsible for the noir look as any director, doing for the city landscape what John Ford did for the open West. "We always have a John Alton night [at Noir City]," Muller says. "The guy is the uncredited director of some of those pictures…. Every director’s best film is with John Alton." Accordingly, this year’s Noir City will double-feature a pair of Alton-shot films, Joseph Lewis’s top-notch late noir The Big Combo (1955) and a new 35mm print of The Spiritualist (1948).

With Noir City showing additional programs spotlighting other little-known noir luminaries such as screenwriter William Bowers (1951’s Cry Danger and 1949’s Abandoned ) and actor Charles McGraw (1949’s The Threat and 1951’s Roadblock), as well as beefcake-era Burt Lancaster (1948’s I Walk Alone and, from the same year and costarring Joan Fontaine, Kiss the Blood off My Hands), it’s clear that Muller’s emphasis on a broadened sense of film production isn’t an abstract philosophy. It’s about recognizing real people and contributions, something crystallized by the fest’s guest appearances. Actress Marsha Hunt (Raw Deal) and actor Richard Erdman (Cry Danger) will appear this year, and past festivals have featured actors Farley Granger, Sean Penn, Coleen Grey (Nightmare Alley), and, of course, Detour‘s amazing Savage.

"The greatest thing to me about having done these festivals with the original people is that it gives audiences a view of noir that is very blue-collar, on the ground," Muller muses. "They never attached the name ‘film noir’ to it, but [it’s important] to talk with the actresses and to hear firsthand what they thought they were doing, and to get the writers’ point of view, which was by and large more politicized … much more so than the directors or the producers, who are a riot because they always say, ‘We shot it that way because we didn’t have a cent.’ "

When I ask Muller how the old-school talent responds to all this attention decades after the fact, he says plainly, "I can tell you in Ann’s case, it was the greatest night of her life. I mean, she has not stopped talking about it since. In some cases, it’s almost overwhelming." Such events are increasingly a challenge to put together; 60 years outside noir’s prime, it’s not getting any easier to find the genre’s original contributors. Robert Altman, who directed one of the first key neonoirs (1976’s The Long Goodbye), died the day before my meeting with Muller. If he’s gone, one wonders, how many of the original lot can be left?

The talent, of course, isn’t the only thing disappearing. DVDs are a wonderful auxiliary format for digesting cinema, but in the case of studio films from the classical era, it seems silly to contend that something isn’t lost without the full theatrical experience. A couple of weeks ago I went to the Castro to see Casablanca, a classical classic, not an extraordinary one like, say, Citizen Kane. I’d seen the film several times but never on a screen like the Castro’s. The moments when I felt its size most acutely were the most intimate ones: those interminable close-ups on Ingrid Bergman that so revel in the star’s introspective glamour. One cannot really grasp what these close-ups were designed to do without experiencing them on this scale. Everything comes into sharper relief in the theater: the close-ups are more wrenching, the dialogue funnier, the fantasy more complete.

Toward the end of his "Noir City, Our City" essay, Muller reflects on programming Noir City: "We tried to connect the audience, in a sort of cinematic séance, with 1940s era filmmakers and filmgoers," he writes. "San Francisco theaters appropriate to such a concept comprised a short list: the Castro and Balboa were the only ones still standing with even a trace of the old-style panache that once was commonplace." According to Muller, we ought to count ourselves lucky for those two. "It doesn’t really happen anyplace else," he says, referring to the electricity of a capacity crowd at the Castro. "New York has nothing like this. The best they can do is the Film Forum…. The Film Forum fills a need, but New York does not have a venue like the Castro. It does not have audiences like this, honestly."

And so, in the end, it’s about sitting alone together in the dark. Noir films possess the dream logic and stylization that make the theater necessary and, as an added bonus, a cynical sting that disintegrates any of the sloppy moralism or cheesy gentility that might otherwise taint our experience of classical Hollywood cinema (Schrader again: they are "an uneasy, exhilarating combination of realism and expressionism"). The work Muller does with Noir City strives toward many ends, but its most important function is also its most basic — strange and seductive, the films of Noir City often remind us why we fell for the movies in the first place. *

NOIR CITY 5

Jan. 26–Feb. 4, $10 per show, $35 for opening night program and reception, $100 for full series passport

Castro Theatre

429 Castro, SF

(415) 621-6120

www.eddiemuller.com

www.noircity.com

Make housing, not war!

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OPINION As President George W. Bush requests more money to fight the war overseas, a stealth war is being fought here on domestic soil: the war on housing for the poor. Since the Bush administration took power, the public housing program has suffered $1 billion in cutbacks.

As a result, conditions have rapidly deteriorated in public housing developments throughout the country. Maintenance, security, and services have been slashed annually as budgets are drained with each appropriations bill. A climate of violence, fear, and despair has taken hold in the projects, where years of deferred maintenance, toxic and unsanitary conditions, and government neglect are simmering to a boiling point.

As we fought terror abroad, the Republican-led Congress created a breeding ground for terror here at home. Just ask the desperate, homeless families who refuse offers to move to the city’s public housing developments for fear of their lives. Or ask the mothers of children who have been shot at in their front yards while attempting to escape the leaking sewage and toxic mold in their homes.

Yet rather than fight this terror in our own backyards, lawmakers have attacked the very programs that can provide a solution. Job training, education programs, and social services have all been casualties of the war on public housing. Agencies have been forced to make cuts in security and maintenance staff every year. In the past five years alone, the San Francisco Housing Authority has lost 250 employees, a 50 percent cut.

While military spending has continued to rise, the offensive against housing has also escalated. A full $600 million was cut from the 2006 public housing budget, funding housing authorities at only 85 percent of overall need. Layoffs and cutbacks occurred throughout the country as cities began planning for desperate measures such as disposing of properties, raising tenant fees, and increasing response time for repairs. In San Francisco, 26 housing authority staff lost their union jobs last year. As a result, vulnerable senior and disabled residents in high-crime neighborhoods saw their security services eliminated.

Last year was devastating for public housing residents, and the battle is far from over. The generals of the war on housing are out for blood, and it appears that they will not stop until the last vestiges of federally funded, low-income housing are destroyed. This was made abundantly clear recently when the Department of Housing and Urban Development announced that in 2007 housing authorities will be funded at only 76 percent of the actual need. By proposing a budget that is $1 billion short, President Bush has raised the stakes in the fight to preserve our precious remaining federal housing for the poor.

Congress has a chance to increase funding when it passes a spending bill next month. Without an increase, San Francisco will face a $3.5 million shortfall. Our powerful new leadership must take a stand against these unconscionable cuts, which could starve local housing agencies to death.

The only way to avoid increased homelessness; displacement of poor families; loss of union jobs; heightened violence; and turn-of-the-century, tenementlike living conditions for San Francisco’s poorest residents is for our representatives to insist on an increase in funding. Tell Congress to fight the war at home and not the one overseas by sending a letter at www.local-impact.org. *

Sara Shortt

Sara Shortt is the director of subsidized housing programs for the Housing Rights Committee of San Francisco.

Leave pretrial diversion alone

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EDITORIAL The San Francisco Pretrial Diversion Project is one of the most successful programs in the city’s criminal justice system. The project works with first-time misdemeanor offenders — people who have committed fairly minor crimes — and gives them the chance to enter a treatment program, avoid jail time, and ultimately clear their records. Over the past three years almost 94 percent of the program’s graduates have stayed out of the criminal justice system — a phenomenal track record.

And yet District Attorney Kamala Harris, who by state law has ultimate control over the program, wants to eliminate the option for a significant number of people. Under her plan first-time battery offenders will no longer be eligible (and remember, battery in this case doesn’t mean aggravated assault; misdemeanor battery is any kind of unwanted touching). Neither will people accused of child endangerment, criminal threats, or indecent exposure.

It’s not that these crimes are always trivial, but a lot of them don’t merit jail time. Jeff Adachi, the city’s public defender, has a real-life example: a middle-aged woman with no prior criminal history left her five-year-old foster child in the car while she ran into a hospital to pick up a medical prescription. Then she passed out in the hospital. When she regained consciousness, she was charged with child endangerment. She would have automatically lost her child if convicted of the crime. Instead, she was able to participate in diversion, avoiding a criminal conviction and its devastating consequences.

The program also saves the city money — potentially big money. More than 500 cases a year go to diversion, and taking any one of those cases to trial could cost the public as much as $100,000. Adachi estimates that the number of offenders eligible for diversion might fall by as much as 25 percent, meaning 125 more needless cases clogging the courts, using up public time and resources — and quite possibly adding to the county jail population.

Harris argues that some violent offenders are getting diversion, but the program has been operating under the same rules for the past 20 years, and its successes have vastly overshadowed any problems.

More important, at a time when even the Republican governor of California seems to realize that the system of locking people away for ever-longer sentences isn’t working, this is a bad statement for a San Francisco district attorney to make. Harris ought to back down and leave the diversion program the way it is. *

Another Team Newsom screw-up

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By Tim Redmond

Does Newsom’s press secretary, Peter Ragone, really think it’s helpful to launch personal insults at members of the Board of Supervisors? Or has this whole Yalie thing gotten so out of hand that he’s lost his mind?

Check this out from the LA Times:

Some supervisors have suggested that Newsom should spend more time trying to lower the city’s high unsolved-murder rate than talking about a high-profile assault case.

“His outrage needs to be re-proportioned toward the most severe crimes and less to those that affect his own political image outside San Francisco,” said Supervisor Ross Mirkirimi, who represents a high-crime district.

Responded Ragone: “Ross Mirkirimi can’t walk and chew gum at the same time. What he doesn’t understand is that the mayor of a major American city has to be able to focus on more than one thing at once.”

The Stop Online Expression Act

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› annalee@techsploitation.com

TECHSPLOITATION Now that Congress is back in session, I’m bracing myself for the resurrection of the Stop the Online Exploitation of Our Children Act. This is yet another bill, in a long line dating back to the Communications Decency Act and the Child Online Protection Act, that attempts to curtail free expression online by raising the specter of child abuse. First proposed at the end of last session, the bill is the brainchild of Sens. John McCain and Charles Schumer.

Leaked drafts of the Stop Online Exploitation of Our Children Act read like a speech squasher’s gift list. The bill requires the government to create a list containing the e-mail addresses of known sex offenders — probably compiled from various state databases of sex offenders. All online publishers, including bloggers and blog aggregators like LiveJournal, will be forced to police everything posted on their sites, searching for e-mails from this list. If they find a match, publishers must delete the accounts associated with the offending e-mail address — as well as anything the owner has published on the site. Failure to do so will result in steep fines. Fines will also be imposed if publishers fail to report behavior that might involve child porn or obscene behavior.

Here are four good reasons to oppose this legislation:

1. It imposes an undue burden on small publishers. Under the proposed rule even small bloggers, chat room operators, social networking sites, and webzine publishers will have to comb through the content on their site, looking for things that appear to have been written by people on the list of sex offenders that the government will compile. In practice this will probably mean that sites offering community forums, such as Alternet and even Slashdot, simply have to stop allowing people to post. There will be too great a risk that they’ll be fined if they miss a post by an alleged sex offender.

2. It misses the target. Keeping e-mail lists and deleting things written by "sex offenders" is dangerous because the category is very capacious. In states like Texas, people arrested for streaking or public nudity are classed as sex offenders. In Illinois, convicted skinny-dippers (i.e., people engaging in "public indecency") must register as sex offenders. In addition, many databases of sex offenders have been shown to be full of errors — and it’s possible for two people to have very similar e-mail addresses. Too many innocent people will get caught up in this net and find their words deleted from the Web.

3. It will not stop people who are currently committing crimes. This proposed law focuses on persecuting people who once engaged in criminal acts, rather than people currently engaged in criminal acts. If a former sex offender is posting appropriate messages in a therapy group, or talking with other model-train hobbyists, there is absolutely no reason — other than sheer prejudice — for deleting what he or she has written. In fact, preventing convicted sex offenders from having a social outlet online might lead to more recidivism. Moreover, if publishers are throwing all their energies into hunting down and deleting convicted sex offenders, publishers may not have enough resources to track down nonconvicts who are posting comments that are genuinely harmful to children.

4. It sets a bad precedent by asking untrained citizens to report on one another. Certain groups, such as doctors and therapists, are required by law to report if one of their clients is a danger to him- or herself or others. Schools are required to report suspected child abuse. But these groups are full of professionals who are trained to identify dangerous behavior that may affect children. Publishers are not trained to identify such behavior, nor should they be asked to do so. If we force Web publishers to turn in or silence their fellow citizens, which group will be forced to do it next? Sales clerks? Librarians? Rental car agents? Forcing citizens to turn against one another is not going to prevent crime. It’s only going to spark prejudice and lead to greater social injustice.

Be on the lookout for the next version of the McCain-Schumer "Stop Online Expression" bill — especially as election season draws a bit nearer. Don’t let it fool you. This isn’t about saving the children. It’s about scapegoating and censorship. And it will let the real criminals go free. *

Annalee Newitz is a surly media nerd who isn’t in your database.

A reporter stands up to the army

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› sarah@sfbg.com

Oakland freelance writer and radio journalist Sarah Olson has a tall, willowy frame; long silky hair; and a clearly articulated understanding of the reasons she believes that testifying against a source, First Lt. Ehren Watada, would turn her into an investigative tool of the federal government and chill dissenting voices across the United States.

Watada faces a court-martial in February; he’s charged with one count of missing troop movement and four counts of conduct unbecoming an officer — charges that stem from interviews he gave Olson along with other reporters in 2006 in which he openly criticized the Bush administration and the war on Iraq.

Olson faces her own legal nightmare: if she doesn’t testify against Watada, the government can charge her with a felony. That’s potentially more serious than the contempt of court charges against freelance videographer Josh Wolf and San Francisco Chronicle reporters Lance Williams and Mark Fainaru-Wada.

"My argument for being against having to comply with the subpoena is strictly journalistic, " says Olson, who has been covering the antiwar movement and the conscientious objector movement since 2003. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist any more."

Beyond the fear that her own professional credibility will be eviscerated, the 31-year-old Olson objects to journalists, including herself, being asked to participate in the prosecution of free speech.

Although all the Army wants her to do is assert her stories quoting Watada are true, she’s not going along. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime. Watada’s case raises incredibly important speech issues as to what is and isn’t legal for an officer to say. Can Watada’s defense put the war on trial? Can you bring the question of the legality of this war into the discussion? Normally, that wouldn’t be allowed into discussion in a military court, but since he’s been charged with speech issues, shouldn’t he be allowed to have the opportunity to put those statements in context?"

And while her stories and radio broadcasts are readily and publicly available to Army prosecutors, Olson points out, "Once they get you up on the stand, they can ask you anything."

What binds the Olson, Wolf, and Williams–Fainaru-Wada cases are the broader issues of press and speech freedom and the absence of a strong reporter’s shield at the federal level.

"The proposed federal shield laws offers poor protection to journalists, but they probably wouldn’t even cover me, and they probably wouldn’t cover bloggers ever," observes Olson, referring to the legislation currently under congressional consideration.

As for entering into a conversation about who is or isn’t a journalist (as the San Francisco Police Department and the District Attorney’s Office have sought to do in Wolf’s case), Olson says, "[That] is degrading for the whole profession. And what it doesn’t do is stand up for the civil liberties that are constitutionally afforded to everyone, nor does it protect a meaningful and independent press."

"My duty," Olson says, "is the public and its right to know and not to the government. I’m concerned that the Army is asking a journalist to participate in the suppression of free speech." *

Cute and cuddly crime statistics

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By G.W. Schulz

Sorry to piss on everybody’s parade, but a slight drop in the homicide rate isn’t exactly an excuse to break out the coke and booze. Then again, it doesn’t take much to get the frat brothers in the mayor’s office amped up for a party. Bro.

With murders down slightly in 2006 compared to the previous year, Gavin Newsom is preparing for a walk down Divisadero with Police Chief Heather Fong, an area where cops say crime has dropped. The event surely will include a healthy dose of media coverage, and going into an election year, Newsom needs all the flashbulbs he can get. In 2004, he melodramatically proclaimed that voters should recall him if the homicide rate isn’t brought down, so technically, he’s safe for now.

But a buried paragraph in the Chronicle’s front-page story from today reveals a key facet of crime statistics that should be taken into account when considering street-level violence and its effect on a city.

“Richmond Police Lt. Mark Gagan said homicide numbers tell only part of the story in Richmond, where a total of 280 people were shot last year. ‘I don’t think just the homicide rate alone is the way to determine whether violence is up or down,’ Gagan said.”

Apple knowingly falsified documents. And that is a crime.

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By G.W. Schulz

So let’s get this straight. In 2001, Bay Area-based Apple Computer Inc. gave 7.5 million stock options to its CEO, Steve Jobs. The options were approved by the company’s board of directors at a meeting that never actually happened. The company also now admits that documents related to this imaginary meeting were fudged to make it appear that the necessary board approval had taken place.

The special committee formed by Apple to investigate the matter (which includes Al Gore) says no current member of management was aware of the falsified records. Jobs, the committee insists, was innocent, and as the public is often told during such controversies, the top exec was ignorant of the manipulation.

Steve Jobs sure gets paid a lot of money for a man who’s clueless.

From the Chronicle:

“Apple said Jobs was aware of some instances of backdating and even recommended favorable dates to grant options. But, the company said, Jobs did not financially benefit from these grants and did not understand the accounting implications.”

That’s sort of like arguing that a casino patron who got caught counting cards didn’t make a dime off it and had no idea how badly the hired muscle would kick his ass once they got him outside. He was still counting cards.

Monster dearest

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› kimberly@sfbg.com

Move over, matchy-matchy Faye Dunaway of Mommie Dearest and much too armed and dangerous to hug Shelley Winters of Bloody Mama (possibly the lousy dowager emeritus, thanks to Lolita). Mamma mia, was there ever a year crammed with more bad mothering run stealthily amok, far from most of the multiplexes and the real-life broodies dragging their spawn to the latest animated feature?

If you weren’t busily entertaining your offspring in the big theater, you could easily slip into a small screening room to feel either much better about your parenting skills — or much worse. No, 2006 was not kind to materfamilias — anxiety was high over nurturing yet meddling, muddling, and sometimes castrating bitches with often loved but also neglected litters. The not-quite-model matrons who stood out were flagrantly flawed hard-luck ladies, straight outta the clink, outta rehab, outta options. They were both abusers and abused, working lousy jobs, distrusted, and desperate for a second chance — Norma Raes and Erin Brockoviches sans a speck of political consciousness. Mother’s Day 2006 in the movie houses was all about evil as well as Eve’s plight: succumbing to temptation and, of course, seeking redemption. Call this gaggle of generally downbeat, self-absorbed, Dumpster-realism gals the prodigal (single) mothers.

Homemakers or home wreckers? Welfare queens or queen me’s? In Running with Scissors, Annette Bening’s med-damaged, mad housewife-poet of a mumsy was all of the above, with alimony. Meryl Streep’s cunning Lioness D’Wintour fashion editor piss-take in The Devil Wears Prada juggled career and family nastily, taking a smooth stab at working matriarchs both biological and mentor-ological. And the small-town girls and comeback kids–turned–semimythic maternal figures of Penélope Cruz and Carmen Maura in Pedro Almodóvar’s latest women’s film, Volver, take a dreamily innocent, genre-specific, less-realistic gaze at motherhood. The women in Almodóville are decent, vivid, communal, and inadvertently, invariably deadly — these bleeder-brooders with bloody "women’s troubles" live in a world almost completely free of men (the few who do pop up are incestuously abusive), somewhere on the matrilineal border of Two Women and Juliet of the Spirits.

Like Volver‘s Cruz and Maura, two other rhyming cinematic mothers — played by two Maggies, Cheung and Gyllenhaal, in Clean and Sherrybaby, respectively — believe there’s life after a loss of innocence and even death. Birthing best-actress awards and considerations, Cheung’s Emily Wang and Gyllenhaal’s Sherry Swanson are hardened but not broken junkie wild children, needle thin and barely clinging to the cracked-out, earthly pavement as they stomp through Paris and malled-over America, regretfully scraping their way back from prison after dropping their offspring like puppies and drifting off into good nods. Physically, the two cut through their landscapes like blades, antimaternal babes who happen to have had babies.

Braless, tank-topped, and jiggling through the hood, Gyllenhaal’s Sherry has a physical presence that hybridizes the inhibition-free but inappropriately hot mama and the gawky, sunken-chested teen. Slouching through motels and institutions, suburbs and ghettos alike, she’s always the riveting center, despite her love for and hunger to be loved by her daughter. Since she kicked in prison, love has become Sherry’s drug — she wants to work with kids, she’s desperate to take up mothering — and she slyly seduces her daughter with toys, praise, and her alarming, sexualized, chaotic presence from the brother and sister-in-law who raised the girl in safety and warmth. With her discomfitingly sensual singing routine and ravenous desire for attention, Sherry is every parent’s worst nightmare, yet Gyllenhaal’s emotionally and physically naked performance and Laurie Collyer’s empathetic direction etch her into reality. You want to take care of this sad, sexy mum.

On another continent and aeons away in awareness, Cheung’s Emily is also a junkie who landed in jail — after her rock star boyfriend, Lee Hauser, OD’d — but she’s now working her way back into the good graces of her child and family. Resembling a razor-sharp noirish Q-Tip with a shock of black fro, music biz hanger-on Emily evokes obvious predecessors (the derided Asian-other and band destroyer Yoko Ono, the stoned-in-love partner in crime Marianne Faithfull) and less-expected women (delicate beauty with a battery-acid rasp Hope Sandoval). The archetypal snide rock bitch at the start, Emily waxes selfish, proud, mouthy, brawling, irresponsible, bad tempered, only reflexively working her power over Lee — her real hunger is for the next fix. Cheung, however, gives Emily a heart — when her mouth twists into a dreadful pyramid upon hearing that the court has given custody of her son to Lee’s parents.

Still, throughout the process of getting clean, growing humble, and peeling away the layers of posturing, Emily exudes a resigned intelligence that the fearless but somewhat unconscious Sherry lacks. Tearful with loneliness, Emily confesses to her friend Elena (France’s favorite wild woman, Beatrice Dalle), "I don’t know if I can take care of a child." Almost everyone in Clean is smarter than they appear at first glance, even if they are embroiled in the "romantic myth of music," as director Olivier Assayas puts it in a DVD interview. Emily’s race complicates matters further, raising questions similar to those aimed at world-trawling Western adoptive parents. Are the white middle-class Hausers more entitled to raise Cheung’s son than she is? Must she become trustworthy — or assimilate — in order to be with her child?

Both Cheung’s and Gyllenhaal’s performances make one wonder why these women’s struggles are reaching the screen at this time. We continue to grapple with the question of whether single parenting translates to less-than-optimal parenting. Perhaps, as the war pigs and an archetypally male principle run rampant elsewhere, we wonder how we’re supposed to keep the home fires burning. Where are the mothers, and how does one nurture after all the high times? Can we, perpetual adolescents, ever really settle down? Who raised all these people? *

KIMBERLY CHUN’S LADY FEAST 11

• Ivana Baquero in Pan’s Labyrinth (Guillermo del Toro, Spain) and Ko Ah-sung Ko in The Host (Bong Joon-ho, South Korea).

• Clean (Olivier Assayas, France) and Sherrybaby (Laurie Collyer, US).

• The Descent (Neil Marshall, UK). A postfeminist love song to spelunking and Carrie.

• Linda Linda Linda (Nobuhiro Yamashita, Japan). The Ramones would be proud.

• The Queen (Stephen Frears, UK/France/Italy), with lady-in-waiting Marie Antoinette (Sofia Coppola, US/France/Japan). Feeling those royal pains.

• The Science of Sleep (Michel Gondry, France/Italy). Charlotte Gainsbourg makes spectacles, sweater dresses, and felt-mation look trés belle.

• Lady Vengeance (Park Chan-wook, South Korea). Red eyeliner, exploitation glam, and that scene with the grieving, vengeful parents …

• Volver (Pedro Almodóvar, Spain). Making us love Sophia Loren, Anna Magnani, eyeliner, and push-up bras again.

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