David Campos

Endorsements

0

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Wait, wasn’t the primary election back in February? Yes, it was — in a way. The California Legislature, in an effort to make the state more relevant (that turned out well, didn’t it?) moved the presidential primary several months earlier this year but left the rest of the primary races, and some key initiatives, for the June 3 ballot. There’s a lot at stake here: three contested Legislative races, two judicial races, a measure that could end rent control in California … vote early and often. Our endorsements follow.

National races

Congress, District 6

LYNN WOOLSEY


It’s an irony that the congressional representative from Marin and Sonoma counties is far to the left of the representative from San Francisco, but Lynn Woolsey’s politics put Nancy Pelosi to shame. Woolsey was against the Iraq war from the start and the first member of Congress to demand that the troops come home, and she continues to speak out on the issue. At the same time, she’s also a strong advocate for injured veterans.

Woolsey, who once upon a time (many years ago) was on welfare herself, hasn’t forgotten what it’s like to have trouble making ends meet. She’s a leading voice against cuts in social service spending and is now pushing a bill to increase food stamp benefits. She richly deserves reelection.

Congress, District 7

GEORGE MILLER


George Miller, who has represented this East Bay district since 1974, is an effective legislator and strong environmentalist. Sometimes he’s too willing to compromise — he worked with the George W. Bush administration on No Child Left Behind, a disaster of an education bill — but he’s a solid opponent of the war and we’ll endorse him for another term.

Congress, District 8

NO ENDORSEMENT


Cindy Sheehan, the antiwar activist, is moving forward with her campaign to challenge Nancy Pelosi as an independent candidate in November, and we wish her luck. For now, Pelosi, the Speaker of the House and one of the most powerful people in Washington, will easily win the Democratic primary.

But Pelosi long ago stopped representing her San Francisco district. She continues to support full funding for Bush’s war, refused to even consider impeachment (back when it might have made sense), refused to interact with war critics who camped out in front of her house … and still won’t acknowledge it was a mistake to privatize the Presidio. We can’t endorse her.

Congress, District 13

PETE STARK


You have to love Pete Stark. The older he gets, the more radical he sounds — and after 32 years representing this East Bay district, he shows no signs of slowing down. Stark is unwilling to be polite or accommodating about the Iraq war. In 2007 he announced on the floor of the House that the Republicans "don’t have money to fund the war or children. But you’re going to spend it to blow up innocent people if we can get enough kids to grow old enough for you to send to Iraq to get their heads blown off for the president’s amusement." He happily signed on to a measure to impeach Vice President Dick Cheney. He is the only member of Congress who proudly admits being an atheist. It’s hard to imagine how someone like Stark could get elected today. But we’re glad he’s around.

Nonpartisan offices

Superior Court, Seat 12

GERARDO SANDOVAL


There aren’t many former public defenders on the bench in California. For years, governors — both Democratic and Republican — have leaned toward prosecutors and civil lawyers from big downtown firms when they’ve made judicial appointments. So the San Francisco judiciary isn’t, generally speaking, as progressive or diverse as the city.

Sup. Gerardo Sandoval, who will be termed out this year, is looking to become a judge — and there’s no way this governor would ever appoint him. So he’s doing something that’s fairly rare, even in this town: he’s running for election against an incumbent.

We’re happy to see that. It’s heartening to see an actual judicial election. Judges are technically elected officials, but most incumbents retire in the middle of their terms, allowing the governor to appoint their replacements, and unless someone files to run against a sitting judge, his or her name doesn’t even appear on the ballot.

Sandoval is challenging Judge Thomas Mellon, a Republican who was appointed by Gov. Pete Wilson in 1994. He’s not known as a star on the bench: according to California Courts and Judges, a legal journal that profiles judges and includes interviews with lawyers who have appeared before them, Mellon has a reputation for being unreasonable and cantankerous. In 2000, the San Francisco Public Defenders Office sought to have him removed from all criminal cases because of what the defense lawyers saw as a bias against them and their clients.

Sandoval hasn’t been a perfect supervisor, and we’ve disagreed with him on a number of key issues. But he’s promised us to work for more openness in the courts (including open meetings on court administration), and we’ll give him our endorsement.

State races and propositions

State Senate, District 3

MARK LENO


It doesn’t get any tougher than this — two strong candidates, each with tremendous appeal and a few serious weaknesses. Two San Francisco progressives with distinguished records fighting for a powerful seat that could possibly be lost to a third candidate, a moderate from Marin County who would be terrible in the job. Two people we genuinely like, for very different reasons. It’s fair to say that this is one of the hardest decisions we’ve had to make in the 42-year history of the Guardian.

In the end, we’ve decided — with much enthusiasm and some reservations — to endorse Assemblymember Mark Leno.

We will start with the obvious: this race is the result of term limits. Leno, who has served in the state Assembly for six years, argues, convincingly, that he is challenging incumbent state Sen. Carole Migden because he feels she hasn’t been doing the job. But Leno also loves politics, has no desire to return to life outside the spotlight, and if he could have stayed in the Assembly, the odds that he would have taken on this ugly and difficult race are slim. And if Leno hadn’t opened the door and exposed Migden’s vulnerability, there’s no way former Assemblymember Joe Nation of Marin would have thrown his hat into the ring. We’ve always opposed term limits; we still do.

That said, we’ll hold a few truths to be self-evident: In a one-party town, the only way any incumbent is ever held accountable is through a primary challenge. Those challenges can be unpleasant, and some — including Migden and many of her allies — argue that they’re a waste of precious resources. If Migden wasn’t scrambling to hold onto her seat, she’d be spending her money and political capital trying to elect more Democrats to the state Legislature. But Leno had every right to take on Migden. And win or lose, he has done a laudable public service: it’s been years since we’ve seen Migden around town, talking to constituents, returning phone calls and pushing local issues the way she has in the past few months. And while there will be some anger and bitterness when this is over — and some friends and political allies have been at each other’s throats and will have to figure out how to put that behind them — on balance this has been good for San Francisco. Migden has done much good, much to be proud of, but she had also become somewhat imperious and arrogant, a politician who hadn’t faced a serious election in more than a decade. If this election serves as a reminder to every powerful Democratic legislator that no seat is truly safe (are you listening, Nancy Pelosi?), then the result of what now seems like a political bloodbath can be only positive.

The Third Senate District, a large geographic area that stretches from San Francisco north into Sonoma County, needs an effective, progressive legislator who can promote issues and programs in a body that is not known as a bastion of liberal thought.

Both Migden and Leno can make a strong case on that front. Leno, for example, managed to get passed and signed into law a bill that amends the notorious pro-landlord Ellis Act to protect seniors and disabled people from evictions. He got both houses of the Legislature to approve a marriage-equality bill — twice. During his tenure in the unpleasant job of chairing the Public Safety Committee, he managed to kill a long list of horrible right-wing bills and was one of the few legislators to take a stand against the foolish measure that barred registered sex offenders from living near a park or school. Migden helped pass the landmark community-aggregation bill that allows cities to take a big step toward public power. She’s also passed several key bills to regulate or ban toxic substances in consumer products.

Migden’s record isn’t all positive, though. For a time, she was the chair of the powerful Appropriations Committee — although she gave up that post in 2006, abandoning a job that was important to her district and constituents, to devote more time to campaigning for Steve Westly, a moderate candidate for governor. When we challenged her on that move, she showed her legendary temper, attacking at least one Guardian editor personally and refusing to address the issue at hand. Unfortunately, that isn’t unusual behavior.

Then there’s the matter of ethics and campaign finance laws. The Fair Political Practices Commission has fined Migden $350,000 — the largest penalty ever assessed against a state lawmaker — for 89 violations of campaign finance laws. We take that seriously; the Guardian has always strongly supported ethics and campaign-finance laws, and this level of disregard for the rules raises serious doubts for us about Migden’s credibility.

Sup. Chris Daly posted an open letter to us on his blog last week, and he made a strong pitch for Migden: "While there are only a few differences between Carole and Mark Leno on the issues," he wrote, "when it comes to San Francisco politics, the two are in warring political factions. Carole has used her position in Sacramento consistently to help progressive candidates and causes in San Francisco, while Leno is a kinder, gentler Gavin Newsom."

He’s absolutely right. On the local issues we care about, Migden has been with us far more than Leno. When the public power movement needed money and support in 2002, Migden was there for us. When the University of California and a private developer were trying to turn the old UC Extension campus into luxury housing, Migden was the one who helped Sup. Ross Mirkarimi demand more affordable units. Migden was the one who helped prevent a bad development plan on the Port. Migden stood with the progressives in denouncing Newsom’s budget — and Leno stood with the mayor.

The district supervisorial battles this fall will be crucial to the city’s future, and Migden has already endorsed Eric Mar, the best progressive candidate for District 1, and will almost certainly be with John Avalos, the leading progressive in District 11. Leno may well back a Newsom moderate. In fact, he’s made himself a part of what labor activist Robert Haaland aptly calls the "squishy center" in San Francisco, the realm of the weak, the fearful, and the downtown sycophants who refuse to promote progressive taxes, regulations, and budgets at City Hall. His allegiance to Newsom is truly disturbing.

There’s a war for the soul of San Francisco today, as there has been for many years, and Leno has often tried to straddle the battle lines, sometimes leaning a bit to the wrong camp — and never showing the courage to fight at home for the issues he talks about in Sacramento. We’ll stipulate to that — and the only reason we can put it aside for the purposes of this endorsement is that Leno has never really had much in the way of coattails. He supports the wrong candidates, but he doesn’t do much for them — and we sincerely hope it stays that way.

While Leno is too close to Newsom, we will note that Migden is far too close to Gap founder and Republican leader Don Fisher, one of the most evil players in local politics. She proudly pushed to put Fisher — who supports privatizing public schools — on the state Board of Education.

A prominent local progressive, who we won’t identify by name, called us several months ago to ask how were going to come down in this race, and when we confessed indecision, he said: "You know, I really want to support Carole. But she makes it so hard."

We find ourselves in a similar position. We really wanted to support Migden in this race. We’d prefer to see the state senator from San Francisco using her fundraising ability and influence to promote the candidates and causes we care about.

But Migden has serious political problems right now, baggage we can’t ignore — and it’s all of her own making. Migden says her problems with the Fair Political Practices Commission are little more than technical mistakes — but that’s nonsense. She’s played fast and loose with campaign money for years. When it comes to campaign finance laws, Migden has always acted as if she rules don’t apply to her. She’s treated FPPC fines as little more than a cost of doing business. This latest scandal isn’t an exception; it’s the rule.

Unfortunately, it’s left her in a position where she’s going to have a hard time winning. Today, the election looks like a two-person race between Leno and Nation. And the threat of Joe Nation winning this primary is too great for us to mess around.

Despite our criticism of both candidates, we would be happy with either in the state Senate. We’re taking a chance with Leno; he’s shown some movement toward the progressive camp, and he needs to continue that. If he wins, he will have a huge job to do bringing a fractured queer and progressive community back together — and the way to do that is not by simply going along with everything Newsom wants. Leno has to show some of the same courage at home he’s shown in Sacramento.

But right now, today, we’ve endorsing Mark Leno for state Senate.

State Senate, District 9

LONI HANCOCK


This is another of several tough calls, another creature of term limits that pit two accomplished and experienced termed-out progressive assembly members against each other for the senate seat of termed-out Don Perata. We’ve supported both Loni Hancock and Wilma Chan in the past, and we like both of them. In this one, on balance, we’re going with Hancock.

Hancock has a lifetime of experience in progressive politics. She was elected to the Berkeley City Council in 1971, served two terms as Berkeley mayor, worked as the US Department of Education’s western regional director under Bill Clinton, and has been in the State Assembly the past six years. On just about every progressive issue in the state, she’s been an activist and a leader. And at a time when the state is facing a devastating, crippling budget crisis that makes every other issue seem unimportant, Hancock seems to have a clear grasp of the problem and how to address it. She’s thought through the budget calculus and offers a range of new revenue measures and a program to change the rules for budget passage (two-thirds vote in the legislature is needed to pass any budget bill, which gives Republicans, all but one who has taken a Grover Norquist–inspired pledge never to raise taxes, an effective veto).

Chan, who represented Oakland in the assembly for six years, is a fighter: she’s taken on the insurance industry (by cosponsoring a major single-payer health insurance bill), the chemical industry (by pushing to ban toxic materials in furniture, toys, and plumbing fixtures), and the alcoholic-beverages lobby (by seeking taxes to pay for treatment for young alcoholics). She’s an advocate of sunshine, not just in government, where she’s calling for an earlier and more open budget process, but also in the private sector: a Chan bill sought to force health insurance companies to make public the figures on how often they decline claims.

But she seems to us to have less of a grasp of the budget crisis and the level of political organizing it will take to solve it. Right now, at a time of financial crisis, we’re going with Hancock’s experience and broader vision.

State Assembly, District 12

FIONA MA


We were dubious about Ma. She was a pretty bad supervisor, and when she first ran for Assembly two years ago, we endorsed her opponent. But Ma’s done some good things in Sacramento — she’s become one of the leading supporters of high-speed rail, and she’s working against state Sen. Leland Yee’s attempt to give away 60 acres of public land around the Cow Palace to a private developer. She has no primary opponent, and we’ll endorse her for another term.

State Assembly, District 13

TOM AMMIANO


This one’s easy. Ammiano, who has been a progressive stalwart on the Board of Supervisors for more than 15 years, is running with no opposition in the Democratic primary for state Assembly, and we’re proud to endorse his bid.

Although he’s certain to win, it’s worth taking a moment to recall the extent of Ammiano’s service to San Francisco and the progressive movement. He authored the city’s domestic partners law. He authored the living wage law. He created the universal health care program that Mayor Newsom is trying to take credit for. He sponsored the 2002 public-power measure that would have won if the election hadn’t been stolen. He created the Children’s Fund. He authored the Rainy Day Fund law that is now saving the public schools in San Francisco. And the list goes on and on.

Beyond his legislative accomplishments, Ammiano has been a leader — at times, the leader — of the city’s progressive movement and is at least in part responsible for the progressive majority now on the Board of Supervisors. In the bleak days before district elections, he was often the only supervisor who would carry progressive bills. His 1999 mayoral challenge to incumbent Willie Brown marked a tectonic shift in local politics, galvanizing the left and leading the way to the district-election victories that brought Aaron Peskin, Matt Gonzalez, Jake McGoldrick, Chris Daly, and Gerardo Sandoval to office in 2000.

It’s hard to imagine the San Francisco left without him.

Ammiano will do a fine job in Sacramento, and will continue to use his influence to push the progressive agenda back home.

State Assembly, District 14

KRISS WORTHINGTON


This is another tough one. The race to replace Loni Hancock, one of the most progressive and effective legislators in the state, has drawn two solid, experienced, and well-qualified candidates: Berkeley City Council member Kriss Worthington and former council member Nancy Skinner. We like Skinner, and she would make an excellent assemblymember. But all things considered, we’re going with Worthington.

Skinner was on the Berkeley council from 1984 to 1992 and was part of a progressive majority in the 1980s that redefined how the left could run a city. That council promoted some of the best tenant protection and rent control laws in history, created some of the best local environmental initiatives, and fought to build affordable housing and fund human services. Skinner was responsible for the first local law in the United States to ban Styrofoam containers — a measure that caused McDonald’s to change its food-packaging policies nationwide. She went on to found a nonprofit that helps cities establish sustainable environmental policies.

Skinner told us that California has "gutted our commitment to education," and she vowed to look for creative new ways to raise revenue to pay for better schools. She’s in touch with the best economic thinkers in Sacramento, has the endorsement of Hancock (and much of the rest of the East Bay Democratic Party establishment), and would hit the ground running in the legislature.

Worthington, Berkeley’s only openly gay council member, has been the voice and conscience of the city’s progressive community for the past decade. He’s also been one of the hardest-working politicians in the city — a recent study by a group of UC Berkeley students found that he had written more city council measures than anyone else currently on the council and had won approval for 98 percent of them.

Worthington has been the driving force for a more effective sunshine law in Berkeley, and has been unafraid to challenge the liberal mayor, Tom Bates, and other leading Democrats. His campaign slogan — "a Democrat with a backbone" — has infuriated some of the party hierarchy with its clear (and intended) implication that a lot of other Democrats lack a spine.

"All of the Democrats in the assembly voted for 50,000 more prison beds," he told us. "We needed a Barbara Lee [who cast Congress’ lone vote against George W. Bush’s first war resolution] to stand up and say, ‘this is wrong and I won’t go along.’"

That’s one of the things we like best about Worthington: on just about every issue and front, he’s willing to push the envelope and demand that other Democrats, even other progressive Democrats, stand up and be counted. Which is exactly what we expect from someone who represents one of the most progressive districts in the state.

It’s a close call, but on this one, we’re supporting Kriss Worthington.

State ballot measures

Proposition 98

Abolition of rent control

NO, NO, NO


Proposition 99

Eminent domain reforms

YES, YES, YES


There’s a little rhyme to help you remember which way to vote on this critical pair of ballot measures:

"We hate 98, but 99 is fine."

The issue here is eminent domain, which is making its perennial ballot appearance. Californians don’t like the idea of the government seizing their property and handing it over to private developers, and the most conservative right-wing forces in the state are trying to take advantage of that.

Think about this: if Prop. 98 passes, there will be no more rent control in California. That means thousands of San Francisco tenants will lose their homes. Many could become homeless. Others will have to leave town. All the unlawful-evictions laws will be tossed out. So will virtually any land-use regulations, which is why all the environmental groups also oppose Prop. 98.

In fact, everyone except the Howard Jarvis anti-tax group hates this measure, including seniors, farmers, water districts, unions, and — believe it or not — the California Chamber of Commerce.

Prop. 99, on the other hand, is an unapologetic poison-pill measure that’s been put on the ballot for two reasons: to fix the eminent domain law once and for all, and kill Prop. 98 if it passes. It’s simply worded and goes to the heart of the problem by preventing government agencies from seizing residential property to turn over to private developers. If it passes, the state will finally get beyond the bad guys using the cloak of eminent domain to destroy all the provisions protecting people and the environment.

If anyone has any doubts about the motivation here, take a look at the money: the $3 million to support Prop. 98 came almost entirely from landlords.

This is the single most important issue on the ballot. Remember: no on 98, yes on 99.

San Francisco measures

Proposition A

School parcel tax

YES, YES, YES


Every year, hundreds of excellent teachers leave the San Francisco Unified School District. Some retire after a career in the classroom, but too many others — young teachers with three to five years of experience — bail because they decide they can’t make enough money. San Francisco pays less than public school districts in San Mateo and Marin counties and far less than private and charter schools. And given the high cost of living in the city, a lot of qualified people never even consider teaching as a profession. That harms the public school system and the 58,000 students who rely on it.

It’s a statewide problem, even a national one — but San Francisco, with a remarkable civic unity, is moving to do something about it. Proposition A would place an annual tax on every parcel of land in the city; the typical homeowner would pay less than $200 a year. The money would go directly to increasing pay — mostly starting pay — for teachers. The proposition, which has the support of almost everyone in town except the Republican Party, is properly targeted toward the newer teachers, with the goal of keeping the best teachers on the job past that critical three to five years.

Parcel taxes aren’t perfect; they force homeowners and small businesses to pay the same rate as huge commercial property owners. The way land is divided in the city most big downtown properties sit on at least five, and sometimes as many as 10 or 20 parcels, so the bill will be larger for them. But it’s still nowhere near proportionate.

Still, Prop. 13 has made it almost impossible to raise ad valorum property taxes (based on a property’s assessed value) in the state, and communities all around the Bay are using parcel taxes as a reasonable if imperfect substitute.

There’s a strong campaign for Prop. A and not much in the way of organized opposition, but the measure still needs a two-thirds vote. So for the sake of public education in San Francisco, it’s critical to vote yes.

Proposition B

City retiree benefits change

YES


San Francisco has always offered generous health and retirement benefits to its employees. That’s a good thing. But in this unfortunate era, when federal money is getting sucked into Iraq, state money is going down the giant deficit rat hole, and nobody is willing to raise taxes, the bill for San Francisco’s expensive employee benefit programs is now looking to create a fiscal crisis at City Hall. Officials estimate the payout for current and past employees could total $4 billion over the next 30 years.

So Sup. Sean Elsbernd and his colleagues on the Board of Supervisors have engineered this smart compromise measure in a way that saves the city money over the long run and has the support of labor unions (largely because it includes an increase in the pensions for longtime employees, partially offset by a one-year wage freeze starting in 2009) while still offering reasonable retirements benefits for new employees.

Previously, city employees who worked just five years could get taxpayer-paid health benefits for life. Under this measure, it will take 20 years to get fully paid health benefits, with partially paid benefits after 10 years.

It’s rare to find an issue that has the support of virtually everyone, from the supervisors and the mayor to labor. Prop. B makes sense. Vote yes.

Proposition C

Benefit denials for convicts

NO


On the surface, it’s hard to argue against Prop. C, a measure promoted as a way to keep crooks from collecting city retirement benefits. Sup. Sean Elsbernd’s ballot measure would update an ordinance that’s been on the books in San Francisco for years, one that strips public employees found guilty of "crimes of moral turpitude" against the city of their pensions. A recent court case involving a worker who stole from the city raised doubt about whether that law also applied to disability pay, and Prop. C would clear up that possible loophole.

But there are drawbacks this measure.

For starters, the problem isn’t that big: cases of rejected retirement benefits for city workers are rare. And the law still uses that questionable phrase "moral turpitude" — poorly defined in state law, never clearly defined in this measure, and as any older gay person can tell you, in the past applied to conduct that has nothing to do with honesty. The US State Department considers "bastardy," "lewdness," "mailing an obscene letter" and "desertion from the armed forces," among other things, to be crimes of moral turpitude.

Besides, Prop. C would apply not only to felonies but to misdemeanors. Cutting off disability pay for life over a misdemeanor offense seems awfully harsh.

The law that Elsbernd wants to expand ought to be rethought and reconfigured for the modern era. So vote no on C.

Proposition D

Appointments to city commissions

YES


Prop. D is a policy statement urging the mayor and the supervisors to appoint more women, minorities, and people with disabilities to city boards and commissions. It follows a study by the Commission on the Status of Women that such individuals are underrepresented on the policy bodies that run many city operations.

Despite the overblown concerns raised by local Republicans in the ballot arguments, this advisory measure would do nothing to interfere with qualified white males — or anyone else — getting slots on commissions.

Vote yes.

Proposition E

Board approval of San Francisco Public Utilities Commission appointees

YES


"The last thing we need is more politics at the San Francisco Public Utilities Commission," was the first line in Mayor Gavin Newsom’s ballot argument against Prop. E. That’s ironic: it was Newsom’s recent political power play — including the unexplained ousting of SFPUC General Manager Susan Leal and the partially successful effort to reappoint his political allies to this important body — that prompted this long overdue reform.

The SFPUC is arguably the most powerful and important of the city commissions, controlling all the vital resources city residents need: water, power, and waste disposal chief among them. Yet with the mayor controlling all appointments to the commission (it takes a two-thirds vote of the Board of Supervisors to challenge an appointment), that panel has long been stacked with worthless political hacks. As a result, the panel never pursued progressive approaches to conservation, environmental justice, public power, or aggressive development of renewable power sources.

Prop. E attempts to break that political stranglehold by requiring majority confirmation by the Board of Supervisors for all SFPUC appointments. It also mandates that appointees have some experience or expertise in matters important to the SFPUC.

If anything, this reform is too mild: we would have preferred that the board have the authority to name some of the commissioners. But that seemed unlikely to pass, so the board settled for a modest attempt to bring some oversight to the powerful panel.

Vote yes on Prop. E — because the last thing we need is more politics at the SFPUC.

Proposition F

Hunters Point-Bayview redevelopment

YES


Proposition G

NO


On the face of it, Proposition G sounds like a great way to restart the long-idle economic engine of the Bayview and clean up the heavily polluted Hunters Point Shipyard.

Who could be against a plan that promises up to 10,000 new homes, 300 acres of new parks, 8,000 permanent jobs, a green tech research park, a new 49ers stadium, a permanent home for shipyard artists, and a rebuild of Alice Griffith housing project?

The problem with Prop. G is that its promises are, for the most part, just that: promises — which could well shift at any time, driven by the bottom line of Lennar Corp., a financially stressed, out-of-state developer that has already broken trust with the Bayview’s low-income and predominantly African American community.

Lennar has yet to settle with the Bay Area air quality district over failures to control asbestos dust at a 1,500-unit condo complex on the shipyard, where for months the developer kicked up clouds of unmonitored toxic asbestos dust next to a K-12 school.

So, the idea of giving this corporation more land — including control of the cleanup of a federal Superfund site — as part of a plan that also allows it to construct a bridge over a slough restoration project doesn’t sit well with community and environmental groups. And Prop. G’s promise to build "as many as 25 percent affordable" housing units doesn’t impress affordable housing activists.

What Prop. G really means is that Lennar, which has already reneged on promises to create much-needed rental units at the shipyard, now plans to build at least 75 percent of its housing on this 770-acre waterfront swathe as luxury condos.

And with the subprime mortgage crisis continuing to roil the nation, there is a real fear that Prop. G’s final "affordability" percentage will be set by Lennar’s profit margins and not the demographics of the Bayview, home to the city’s last major African American community and many low-income people of color.

There’s more: The nice green space that you see in the slick Lennar campaign fliers is toxic and may not be fully cleaned up. Under the plan, Lennar would put condo towers on what is now state parkland, and in exchange the city would get some open space with artificial turf on top that would be used for parking during football games. Assuming, that is, that a deal to build a new stadium for the 49ers — which is part of all of this — ever comes to pass.

In fact, the lion’s share of a recent $82 million federal funding allocation will be dedicated to cleaning up the 27-acre footprint proposed for a new stadium. In some places, the city is planning to cap contaminated areas, rather than excavate and remove toxins from the site.

If the environmental justice and gentrification questions swirling around Prop. G weren’t enough, there remains Prop. G’s claim that it will create 8,000 permanent jobs once the project is completed. There’s no doubt that the construction of 10,000 mostly luxury homes will create temporary construction jobs, but it’s not clear what kind of jobs the resulting gentrified neighborhood will provide and for whom.

But one thing is clear: the $1 million that Lennar has already plunked down to influence this election has overwhelmingly gone to line the pockets of the city’s already highly paid political elite, and not the people who grew up and still live in the Bayview.

But there’s an alternative.

Launched as a last-ditch effort to prevent wholesale gentrification of the Bayview, Proposition F requires that 50 percent of the housing in the BVHP/Candlestick Point project be affordable to those making less than the median area income ($68,000 for a family of four).

That’s a reasonable mandate, considering that the city’s own general plan calls for two-thirds of all new housing to be sold or rented at below-market rates.

And if the new housing is built along Lennar’s plans, it will be impossible to avoid large-scale gentrification and displacement in a neighborhood that has the highest percentage of African Americans in the city, the third highest population of children, and burgeoning Latino and Asian immigrant populations.

Lennar is balking at that level, saying a 50-percent affordability mandate would make the project financially unfeasible. But if Lennar can’t afford to develop this area at levels affordable to the community that lives in and around the area, the city should scrap this redevelopment plan, send this developer packing, and start over again.

San Francisco has an affordable housing crisis, and we continue to doubt whether the city needs any more million-dollar condos — and we certainly don’t need them in a redevelopment area in the southeast. Remember: this is 700 acres of prime waterfront property that Lennar will be getting for free. The deal on the table just isn’t good enough.

Vote yes on F and no on G.

Proposition H

Campaign committees

NO


This one sounds just fine. Promoted by Mayor Gavin Newsom, Proposition H is supposedly aimed at ensuring that elected officials don’t solicit money from city contractors for campaigns they are sponsoring. But it lacks a crucial legal definition — and that turns what ought to be a worthy measure into little more than an attack on Newsom’s foes on the Board of Supervisors.

The key element is something called a "controlled committee." It’s already illegal for city contractors to give directly to candidates who might later vote on their contracts. Prop. H would extend that ban to committees, typically run for or against ballot measures, that are under the control of an individual politician.

Take this one, for example. Since Newsom put this on the ballot, and will be campaigning for it, the Yes on H campaign is under his control — he would be barred from collecting cash from city contractors, right? Well, no.

See, the measure doesn’t define what "controlled committee" means. So a group of Newsom’s allies could set up a Yes on H fund, raise big money from city contractors, then simply say that Newsom wasn’t officially aware of it or involved in its operation.

When Newsom first ran for mayor, the committee supporting his signature initiative — Care Not Cash — raised a fortune, and the money directly helped his election. But that wasn’t legally a "controlled committee" — because Newsom never signed the documents saying he was in control.

Prop. H does nothing to change that rule, which means it would only affect campaign committees that a politician admits to controlling. And guess what? Newsom almost never admits that, while the supervisors, particularly board president Aaron Peskin, are a bit more honest.

When Newsom wants to clearly define "controlled committee" — in a way that would have brought the Care Not Cash effort under the law — we’ll go along with it. For now, though, vote no on H.

San Francisco Democratic County Central Committee

The DCCC is the policy-making and operating arm of the local Democratic Party, and it has a lot of influence: the party can endorse in nonpartisan elections — for San Francisco supervisor, for example — and its nod gives candidates credibility and money. There’s been a struggle between the progressives and the moderates for years — and this time around, there’s a serious, concerted effort for a progressive slate. The Hope Slate, which we endorse in its entirety, has the potential to turn the San Francisco Democratic Party into a leading voice for progressive values.

There are other good candidates running, but since this group will have consistent support and is running as a slate, we’re going with the full crew.

13th Assembly District

Bill Barnes, David Campos, David Chiu, Chris Daly, Michael Goldstein, Robert Haaland, Joe Julian, Rafael Mandelman, Aaron Peskin, Eric Quezada, Laura Spanjian, Debra Walker

12th Assembly District

Michael Bornstein, Emily Drennen, Hene Kelly, Eric Mar, Jake McGoldrick, Trevor McNeil, Jane Morrison, Melanie Nutter, Connie O’Connor, Giselle Quezada, Arlo Hale Smith

Alameda County races

Superior Court judge, Seat 21

VICTORIA KOLAKOWSKI


There are two good candidates running for this open seat. Dennis Hayashi, a public-interest lawyer, would make a fine judge. Victoria Kolakowski would make history.

Kolakowski, who works as an administrative law judge for the California Public Utilities Commission, would be the first transgender person on the Alameda bench and, quite possibly, in the entire country. That would be a major breakthrough and important for more than just symbolic reasons: transpeople have extensive interactions with the judicial system, starting with the work to legally change their names; and, all too often, members of this marginalized community wind up in the criminal justice system. Having a sitting TG judge would go a long way toward educating the legal world about the importance of trans sensitivity.

Kolakowski is eminently qualified for the job: as a private intellectual property lawyer and later an ALJ at the CPUC, she’s handled a range of complex legal issues. She currently oversees administrative hearings that are very similar to court proceedings, and she has a calm and fair judicial temperament.

That’s not to denigrate Hayashi, who also has an impressive résumé. He’s spend much of his life in public-interest law, working for many years with the Asian Law Caucus, and he was co-counsel in the historic case that challenged Fred Korematsu’s conviction for refusing to report to a Japanese internment camp during World War II. He’s run the state’s Department of Fair Employment and Housing and was a civil rights lawyer in the Clinton administration.

We’d be happy to see either on the bench, but we’re going to endorse Kolakowski.

Board of Supervisors, District 5

KEITH CARSON


Keith Carson, the leading progressive on the board, has no real opposition this time around. He’s been a voice for protecting the fragile social safety net of the county, and we’re happy to endorse him for another term.

Oakland races

City Attorney

JOHN RUSSO


John Russo, who has made no secrets of his political ambition, failed in a bid to win the State Assembly seat for District 16 in 2006, and now he’s running unopposed for reelection. Russo has voiced some pretty ridiculous sentiments: he told a magazine for landlords in May 2006 that he opposed all forms of rent control and was against laws requiring just cause for evictions. That’s a horrible stand for a city attorney to take in a city with a huge population of renters. But Russo is smart and capable, and he’s one of the few city attorneys who consistently supports sunshine laws. We’ll endorse him for another term.

City Council, District 1

JANE BRUNNER


An attorney and former teacher, Jane Brunner spends a lot of time pushing for more cops; crime is the top issue in the North Oakland district she represents. And while we’d rather see anticrime approaches that go beyond hiring more officers, we appreciate that Brunner takes on the police department over its hiring failures. We also find her far more preferable on the issue than her opponent, Patrick McCullough, a longtime neighborhood activist who has become something of a celebrity since he shot a teenager who was hassling him in front of his house in 2005.

Brunner is one of the council’s strongest affordable housing advocates and has worked tirelessly for an inclusionary housing law. She deserves reelection.

City Council, District 3

NANCY NADEL


Nadel is hardworking, effective, a leader on progressive economic and planning issues, and one of the best members of the Oakland City Council. She asked the hard questions and demanded improvements in the giant Oak to Ninth project (although she wound up voting for it). She’s pushing for better community policing and promoting community-based anticrime efforts, including a teen center in a part of her district where there have been several homicides. She was a principal architect of the West Oakland industrial zoning plan, which she hopes will attract new jobs to the community (although she also pissed off a few artists who fear they’ll be evicted from living spaces that aren’t up to code, and she needs to address the problem). We’re happy to endorse her for another term.

City Council, District 5

MARIO JUAREZ


Somebody has to try to oust Ignacio De La Fuente, and this time around, Juarez is the best bet. A small-businessperson (he runs a real-estate operation with around 60 employees), he has some surprisingly progressive positions: he not only supports inclusionary housing but told us that he wanted to see the percentage of affordable units increased from 15 to 25 percent. He wants to see community policing integrated fully into Oakland law enforcement. He suggested that Oakland look into putting a modest fee on all airport users to fund local education. And he’s in favor of stronger eviction controls and tenant protections.

De La Fuente, the City Council president, has been the developers’ best friend, has run meetings with a harsh hand, often cutting off debate and silencing community activists, and needs to be defeated. We know Juarez isn’t perfect, but his progressive grassroots-based campaign was strong enough to get him the nod of both the Democratic Party and the Alameda County Greens. We’ll endorse him, too.

City Council, District 7

CLIFFORD GILMORE


Neither of the candidates in this race are terribly impressive, but incumbent Larry Reid has been so terrible on so many issues (supporting big-box development, inviting the Marines to do war games in Oakland, supporting condo conversions, etc.) that it’s hard to imagine how Clifford Gilmore, director of the Oakland Coalition of Congregations, could be worse.

City Council, at large

REBECCA KAPLAN


Rebecca Kaplan is exactly what the Oakland City Council needs: an energetic progressive with the practical skills to get things done. As an AC Transit Board member, she pushed for free bus passes for low income youths — and defying all odds, managed to get all-night transit service from San Francisco to the East Bay. She did it by refusing to accept the conventional wisdom that transit agencies on the two sides of the bay would never cooperate. She put the key players together in a meeting, convinced the San Francisco supervisors to allow AC Transit buses to pick up passengers in the city late at night, and put through an effective program to get people across the bay after BART shuts down.

Kaplan is running for City Council on a progressive platform calling for affordable housing, rational development, and community policing. Her latest idea: since Oakland has so much trouble attracting quality candidates for vacancies in its police department, she suggests the city recruit gay and lesbian military veterans who were kicked out under the Pentagon’s homophobic policies. Her proposed slogan: "Uncle Sam doesn’t want you, but Oakland does."

Vote for Rebecca Kaplan.

School Board, District 1

JODY LONDON


The Oakland schools are still stuck under a state administrator; the district, which was driven by mismanagement into a financial crisis several years ago, paid the price of a state bailout by giving up its independence. The school board has only limited authority of district operations, though that’s slowly changing. The state allowed the board to hire an interim superintendent, meaning issues like curricula and programs will be back under local control. So it’s a time of transition for a district that has had horrible problems, and the board needs experienced, level-headed leadership.

We’re impressed with Jody London, a parent with children in the public schools who runs a small environmental consulting firm. She has been active in the district, co-chairing the 2006 bond campaign that raised $435 million and serving on the bond oversight committee. She has a grasp of fiscal management, understands the challenges the district faces, and has the energy to take them on.

Her main opposition is Brian Rogers, a Republican who has the backing of outgoing state senator Don Perata and is a big fan of private charter schools. Tennessee Reed, a young writer and editor, is also in the race, and we’re glad to see her getting active. But on balance, London is the clear choice.

School Board, District 3

OLUBEMIGA OLUWOLE, SR.


Not a great choice here — we’re not thrilled with either of the two contenders. Jumoke Hinton Hodge, a nonprofit consultant, is too willing to support charter schools. Oluwole, who works with parolees, has limited experience with education. But on the basis of his community background (he’s on the board of the Oakland Community Organization) and our concern about Hodge and charter schools, we’ll go with Oluwole.

School Board, District 5

NOEL GALLO


Noel Gallo, the incumbent, is running unopposed. He’s been a competent member of the board, and we see no reason not to support his reelection.

School Board, District 7

ALICE SPEARMAN


Alice Spearman, the incumbent, isn’t the most inspiring member of the board — and she’s known for making some ill-considered and impolitic statements. But her main opponent, Doris Limbrick, is the principal of a Christian school and has no business running for the board of a public school district. So we’ll go with Spearman again.

Alameda County measures

Measure F

Utility users tax

YES


Measure F extends and slightly increases the utility tax on unincorporated areas of the county. It’s not the greatest tax, but it’s not terrible — and it provides essential revenue to pay for services like law enforcement, libraries, and code enforcement. The parts of Alameda County outside any city boundary have been dwindling as cities expand, but the county provides the only local government services in those areas. And, like every other county in California, Alameda is desperately short of cash. So Measure F is crucial. Vote yes.

Oakland Measure J

Telephone-user tax

YES


Measure J would update a 40-year-old tax on phone use that goes for local services. The tax law applies only to old-fashioned land lines, so cell phone users get away without paying. This isn’t the world’s most progressive tax, but Oakland needs the money and Measure J would more fairly share the burden. Vote yes.

Crime cameras for the defense

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EDITORIAL We’ve always been dubious about San Francisco’s crime cameras. Filming everyone who passes through a public space creates severe civil liberties problems. There are real First Amendment issues. And as far as we can tell, the spy cams don’t work very well: none of the 178 cameras on Housing Authority property have ever led to an arrest in a homicide case. Chief Heather Fong told the Police Commission on Feb. 6 that her officers have requested footage nearly 80 times but only twice was it at all useful.

From the first days when the city began talking about installing the cameras, the American Civil Liberties Union and others pointed out that all the electronic surveillance on high-crime street corners would do was drive crime to other places. The commission has mandated that the cameras be turned off during political demonstrations, and some critics, including commissioner David Campos, are watching very closely to see if all of this intrusive electronic surveillance is making the city any safer.

But if we’re going to have crime cameras, they ought to be used to protect the innocent.

As G.W. Schulz reports on page 16, the San Francisco Public Defender’s Office has an interest in using the footage. Last August two young African American men were arrested and charged with robbing a pair of airline workers at the corner of 14th Street and Mission. The alleged robbers insisted they hadn’t been at that corner; in fact, they said, they were two blocks away, at 16th Street and Mission, the entire time.

That should have been easy to prove: there are cameras at 16th Street and Mission. But the city’s Department of Emergency Management refused to turn over the video footage to the public defender. Only by chance and the intervention of a conscientious police inspector was the lawyer for the two men able to get the tapes — which proved that the young men, who faced long prison sentences, were entirely innocent.

Public Defender Jeff Adachi says there are at least a dozen other examples of incidents when the cameras could have proved one of his clients innocent — but the local law enforcement authorities won’t give up the pictures.

That’s crazy. If the cameras can be used for prosecution, they ought to be available to lawyers for people who want to establish an alibi. There’s little or no risk here: defense lawyers are officers of the court, sworn to protect confidential evidence, and they are routinely given access to sensitive law enforcement information. The entire principle of a fair trial requires that the defense have as much opportunity to prove innocence as the prosecution does to prove guilt — and in most cases all of the state’s evidence has to be turned over to the defense. If cops and prosecutors can see the city’s crime-camera tapes, why can’t the other side?

Sup. Gerardo Sandoval, a former public defender, has introduced legislation that would allow defense lawyers access to the tapes; it’s a sensible, practical measure that ought to win easy approval. But Kevin Ryan, the Republican former United States attorney who runs Mayor Gavin Newsom’s office of criminal justice, is trying to scuttle Sandoval’s bill. This is exactly the sort of thing we were worried about when Newsom gave that job to an old-fashioned law-and-order type.

Newsom needs to show his cards on this issue. Does the mayor really think the cameras should be used only to lock people up and never to set them free? That would be an astonishing stance for a San Francisco mayor. Instead of leaving this to his aides, Newsom needs to come out in support of Sandoval’s bill and give Ryan a little primer on justice, San Francisco–style.

Sharing the Panopticon

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› gwschulz@sfbg.com

When two airline workers were robbed at 14th and Mission streets last August, the victims called 911 and described their attackers to the dispatcher as a pair of African American males.

At the time, several groups of people stood two blocks away at the always manic intersection of 16th and Mission streets, a high-crime area where the city installed four public surveillance cameras as part of an ongoing pilot project that began in 2005.

Police nabbed two suspects there whom they believed fit the description, and the victims later identified the duo as their attackers. Case closed. Except for one problem: the suspects claimed they were standing at 16th and Mission streets the whole time and never ventured two blocks away, to where the robbery occurred.

So a deputy public defender, Eric Quandt, tried to obtain footage from the city’s controversial public safety cameras to confirm their story. He was denied access to it by the San Francisco Department of Emergency Management because, according to the city’s Administrative Code, only police officers with a written request can review the recordings.

Other government agencies must get a court order, and since the recordings are held by the city for no more than seven days, by the time defense attorneys realize crucial evidence might exist, it’s likely to be long gone.

Mayor Gavin Newsom’s expansion of public surveillance cameras across the city has been the subject of regular criticism from privacy advocates who say no substantial evidence exists that they reduce crime or provide valuable evidence to prosecutors. But few imagined Big Brother could serve as an alibi proving someone’s whereabouts when police placed the wrong suspect at the scene of a crime.

Quandt managed to get the footage in time after appealing to a police inspector, and 23-year-old Neil Butler and 21-year-old Robert Dillon, who had served 70 days in jail, were freed. However, the city’s elected public defender, Jeff Adachi, said there have been almost a dozen or so other instances when his office believed surveillance footage from the cameras could refute a prosecutor’s claims, but city officials have barred PDs from accessing it.

"These two men would have faced decades in prison," Adachi told the Guardian, "so I find it shocking that law enforcement would object to the defense obtaining these tapes. It has to be a two-way street."

"[City officials] act as if they have a proprietary right over the footage," added Rebecca Young, the managing attorney for Adachi’s felony unit. "We are officers of the court. We should not have to deal with bureaucratic red tape to access and review the footage."

Few cities in the United States have rules in place reguutf8g the use of surveillance footage to begin with, so determining procedures for how defense attorneys might use the cameras to free innocent people once again puts San Francisco on the cutting edge of public policy.

After learning about the robbery case last August, Sup. Gerardo Sandoval decided defense lawyers need access to the recordings if they could be used as evidence to free people wrongfully charged with crimes.

Sandoval’s legislation would require the city to preserve the footage for 30 days instead of seven, giving defendants more time to access the footage. Their lawyers would only need to submit a written request to the Department of Emergency Management, which controls the tapes.

But Newsom’s newly appointed top criminal-justice aide, Kevin Ryan, and the mayor’s chief of staff, Phil Ginsburg, want to kill the legislation, claiming it would cost the city too much money and could potentially compromise ongoing criminal investigations by exposing witnesses or confidential informants who appear in the footage.

"It’s safe to say that they tried to derail the legislation," Sandoval told the Guardian.

Ryan, you may recall, is the former US attorney for the Northern District of California who attempted to define his law enforcement career by prosecuting the steroids scandal in major-legal baseball and later the stock options backdating imbroglio that consumed Silicon Valley.

His last major imprint on the public, however, came when the White House ousted him from the Justice Department along with seven other chief federal prosecutors. While his colleagues were said to be let go because they weren’t fully cooperative with the GOP’s political agenda, it was reported that Ryan was asked to resign because of mounting criticism that he’d poorly managed his office and alienated staffers, despite being an eager loyalist of President George W. Bush.

After that, Ryan worked briefly in the private sector before Newsom surprised the city at the beginning of the year by making him director of the Mayor’s Office of Criminal Justice. While a prominent San Francisco Democrat making a Republican devotee his top aide on issues related to crime raised eyebrows, Ryan’s inaugural act in that capacity epitomizes the outlook of a conservative law enforcement official.

Sandoval has attached to his ordinance a string of amendments to satisfy law enforcement, such as instituting punishments for defense lawyers who publicly disclose videos and allowing the district attorney and the Police Department 180 days to review footage and block its release if it’s deemed too sensitive for any reason.

However, the supervisor says he’s still not sure that Newsom, through his new conservative crime-fighting proxy, will accept making a traditional tool of law enforcement the new weapon of public defenders who serve indigent criminal suspects.

"I got the impression from Ryan that he outright opposed it," Adachi said. "But I’m not sure where the mayor stands on it."

Ryan and mayoral chief of staff Ginsburg did not return calls for this story, nor did the mayor’s press spokesperson, Nathan Ballard, respond to a detailed e-mail.

But Ryan has already shown a willingness to flout Newsom’s caution on the cameras. After the Feb. 6 Police Commission meeting, Ryan told the San Francisco Chronicle that police should be permitted to monitor the city’s surveillance cameras in real time to identify crimes about to occur or already in progress.

When the safety cameras were first launched, however, Newsom made a major concession to privacy advocates, the American Civil Liberties Union of Northern California most notable among them, by prohibiting law enforcement officials from watching the cameras live, in part to protect against potential voyeurism or racial profiling.

Ryan’s desire to expand the camera program is "all the more reason to make sure there’s a process in place," Adachi said, for defense lawyers to obtain the footage.

The Police Commission, meanwhile, has made it clear that the footage should not be widely available as public records and the cameras ought to be shut off during political demonstrations to protect First Amendment rights and keep federal agents from using them to target undocumented immigrants.

"If the public defender or a defense lawyer needs it, to me that’s an appropriate use of the information," police commissioner David Campos told the Guardian. "The concern should be: is there any way to keep the feds from getting this footage? We don’t have a way of doing that right now."

San Francisco launched its surveillance program in mid-2005 with two cameras outside public housing tracts in the Western Addition. Two and a half years later, 74 cameras are spread across the city in 25 locations, even though city officials were still calling this a pilot project as recently as this month.

The city was supposed to provide the Board of Supervisors and the Police Commission with a report by last year that evaluated how well the cameras were performing, but city administrator Ed Lee has missed several deadlines, and now it’s not due until March.

Jennifer King, a research analyst for the University of California at Berkeley’s Samuelson Law, Technology and Public Policy Clinic, is leading the study and says it’s one of only two that she’s aware of taking place in the US at this time.

A preliminary report done by the Berkeley team will only include an analysis of crime statistics, but a second study will involve comparing camera locations with control sites that are the same size and have similar demographics and crime profiles, because "there could have been changes in the background crime rate citywide that had nothing to do with the cameras," King told the Guardian.

In the meantime, Police Chief Heather Fong told the commission Feb. 6 that inspectors had requested footage nearly 80 times but in only two instances was it "useful in a prosecution."

At another public meeting last year, an official acknowledged that of the 178 cameras controlled by the federally subsidized San Francisco Housing Authority, none has ever led to an arrest in a homicide case, despite the fact that a large percentage of the city’s violent crime occurs in public housing developments.

Even Sandoval’s not convinced of the cameras’ efficacy: "We have to do everything we can to make sure everyone has fair access to the cameras…. But I’m fairly certain that the cameras really are just an intrusion into our privacy and the risk greatly outweighs any benefit."

Contemputf8g Wolf

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› sarah@sfbg.com

Months after local videographer and blogger Josh Wolf was released from federal prison — where his seven-month stay was the longest in history for an American journalist for refusing to turn over unpublished materials to criminal prosecutors — the San Francisco Police Commission finally has decided to analyze the incident. That inquiry comes just as Wolf embarks on a campaign for mayor, which he hopes will create a dialogue about the lack of police accountability and the overzealous federal intrusions that marked his story.

Wolf, 24, told the Guardian that he’s still baffled by what transpired after he filmed the July 8, 2005, anti-G8 protest, which involved a heavy anarchist turnout, "got rowdier than local officials would have liked," and left a San Francisco police officer with a fractured skull — an incident that Wolf calls "unfortunate" but of which he claims to have absolutely no knowledge

"I’ve read the evidence that was presented in my case, but to this day no one has pointed out anything that constitutes terrorism," Wolf said.

The day after the protest, Wolf was contacted at his home by members of the FBI and the Joint Terrorism Task Force, along with two San Francisco Police Department officers. The four agents who showed up Wolf’s door, one of them dressed in a Hawaiian shirt and shorts, demanded that he hand over all his video outtakes after local and national TV stations aired edited footage that Wolf posted on his blog. The aired film included scenes of anarchists setting off firecrackers, turning over newspaper racks, and spray-painting a Pacific Gas and Electric Co. office. It also showed an SFPD officer holding local resident Gabe Meyers in a choke hold while another agent waved his weapon at the crowd and shouted, "Leave or you’re going to get blasted. I’m a fed, motherfucker."

"If any time the SFPD decides it doesn’t want to deal with some local issue, does it have the autonomy to contact the feds, and if so, doesn’t that jeopardize all the laws that the voters of San Francisco have passed?" Wolf asked July 11 as the Police Commission discussed a resolution supporting the First Amendment rights of the "new media," which is how Web-based disseminators of news, such as Wolf, are being described.

Earlier this year, police commissioner David Campos tried to pass a resolution in support of the then-jailed Wolf, but the proposal got no traction until Theresa Sparks was elected as president in May. By then Wolf had been free from jail for a month, leading Campos and Sparks to shift their focus toward investigating exactly why Wolf’s case got federalized in the first place as well as the implications for other groups that are protected locally but at risk federally.

As Campos told the commission, "A lot of people in San Francisco have been talking about how we as a department interact with the feds, to the extent that it has an impact on medical cannabis providers and immigrants and on First Amendment rights, as in the case of Josh Wolf."

Under state law, reporters’ sources and their work products are protected. A recent case involving Apple suggests that the law also extends to bloggers and independent reporters. But under federal law, reporters have no such protections, which is why former New York Times journalist Judith Miller was jailed in the Valerie Plame–CIA investigation and San Francisco Chronicle reporters Lance Williams and Mark Fainaru-Wada faced potential jail time in the BALCO affair, as did freelancer Sara Olsen in the court-martial of Army Lt. Ehren Watada.

But while these journalists refused to comply with subpoenas that were clearly related to federal matters, there was no such obvious connection in Wolf’s case. An investigation into the assault on SFPD officer Peter Shields normally would have been undertaken by local police and District Attorney Kamala Harris. Police records show that SFPD inspector Lea Militello requested "assistance from the FBI/JTTF regarding investigation of a serious assault against a San Francisco police officer." Federal investigators justified their involvement by maintaining that there had been an attempted arson on an SFPD squad car purchased in part with federal funds, even though SFPD records indicate only that the car’s rear tail light was broken.

"There was nothing incriminating on my tape," Wolf told the Police Commission, recalling how he offered to prove his statement by letting the federal judge view it in his private chambers, an offer the judge refused. "But because I had no federal protections, I had to decide whether to engage in a McCarthyesque witch hunt," Wolf added; he long had suspected that the feds wanted to profile anarchists about whom he has intimate knowledge.

Campos and Sparks hope that last week’s Police Commission discussion will be the first in a series about the protocols and procedures that the SFPD follows in deciding whether to refer matters to federal authorities. Both stress that asking for such a study does not mean they do not care that an SFPD officer was hurt. As Sparks told us, "At this point we don’t know what the deliberations behind everything that night were or how many people were deployed. For us to comment on a police officer being injured is inappropriate unless we have all the information. And all we’re hearing is anecdotal stuff. Our job is not to take sides but to figure out what the policies were, are, and what they should be."

Police Chief Heather Fong has agreed to report to the Police Commission in August on policies and procedures related to the SFPD’s General Orders, the city’s ordinances on immigration and medical marijuana, and protection of journalists’ rights. Sparks predicts that the report will tell the commission "what the SFPD’s policies do, how that compares to the Board of Supervisors’ resolutions, and whether we need to rewrite them or write new rules for the police."

Commissioner Campos told us he hopes the report will clarify whether the police have an obligation to report to the feds if an investigation involves damage to property bought with federal funding. "If it’s the case that we are obligated, then we need a discussion. Do we want to accept funds if doing so ties our hands and forces us to do something that San Francisco doesn’t want to do? For instance, if we accept funding, then does that mean we have to cooperate with [Immigration and Customs Enforcement]? If so, then a lot of us, myself included, would be up in arms and would say, ‘Let’s not.’ To the extent that it comes down to money, I’d hope that we’d make the choice that we’d rather not take the money than get in bed with the federal government."

Wolf, who was not convicted of any crime but served 226 days for being in contempt of a grand jury subpoena, was released April 3 after he agreed to post all his unedited footage online — an action the feds claimed as evidence that he had submitted to their demands. But Wolf pointed out that he agreed to do so only after the feds promised that he would not have to testify about anyone whose actions or words he had captured on tape. He also pointed out that he released the tapes to everyone, not just the federal government.

Since being released Wolf has announced his intention to run for mayor of San Francisco this fall, saying he was inspired by the recent Progressive Convention called by Sup. Chris Daly "in which they had a great platform but no declared candidate."

Wolf’s candidacy pits him against Mayor Gavin Newsom, who expressed neither support for Wolf nor criticism of his detention. That stance is in contrast with that of Harris, who is also running for reelection this fall and publicly criticized the US Attorney’s Office in March, a month before Wolf was released. In August 2006, Newsom returned unsigned the resolution of support for Wolf’s plight that was sponsored by Supervisors Ross Mirkarimi, Tom Ammiano, and Daly. The resolution, which passed on a 9–1 vote, with Sup. Sean Elsbernd voting no and Sup. Michela Alioto-Pier absent, declared that the city "resisted the federal government’s intervention in the City and County of San Francisco’s investigation of the July 8th, 2005 G-8 protest; expressed support for the California Shield Law; and urged Congress to pass Senate Bill 2831, the Free Flow of Information Act."

Asked about Newsom’s position on Wolf and related matters, spokesperson Nathan Ballard reminded the Guardian that the mayor authorized a $10,000 reward for information leading to the arrest and conviction of the person or persons responsible for the assault on Shields. "We take these attacks seriously and will take the appropriate actions necessary to ensure that the person or persons responsible are prosecuted," the mayor said shortly after the assault. As for Wolf, Ballard said by e-mail, "I am not aware of any public statement [by] the Mayor on the case of Josh Wolf. The Mayor is generally supportive of the concept of a better shield law, but he has not taken a position on this particular bill at the present time."

As it happens, Wolf, who has made numerous media appearances since his release, including on The Colbert Report, could find himself in the unusual position of having more name recognition than any of Newsom’s other challengers. And with Congress currently considering a federal shield law, the cause for which Wolf went to jail remains in the news. As media activist Rick Knee put it, pointing to the "Free Josh Wolf" button that he continues to wear on the lapel of his tweed jacket, "Josh may be out, but the issue is still with us." *

Candidates and non-candidates

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By Tim Redmond

So much going on right now in the local political world — and some of it so ephemeral.

Chris Daly’s progressive convention is June 2, coming right up, and we still don’t have a candidate for mayor. Matt Gonzalez gives an interview to BeyondChron and says he’s not ruling out a run, but won’t be making any announcement in time for the June 2 event. Will anyone? Or is this going to be a convention without a candidate?

The 08 supes races, on the other hand, are heating up and full of candidates. Cecilia Chung just announced she’s running in district 11, creating the possibility for a fascinating bit of history: As Chung just told me, It will be 30 years next fall since the assissination of Harvey Milk, and his killer, Dan White, represented what is now D-11. Electing a transgender woman from that district would make big national news.

Chung won’t be the only candidate: I’m told John Avalos, aide to Sup. Chris Daly, is also planning to run, as is Community College Board member Julio Ramos.

And in District Nine, Police Commission member David Campos is clearly running to replace Tom Ammiano, as is housing activist Eric Quezada, who will have a kick-off event at Galleria de la Raza June 1.

The drug war soldiers on

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› gwschulz@sfbg.com

It’s been five months since the Board of Supervisors passed Sup. Tom Ammiano’s ordinance directing the San Francisco Police Department to make cannabis busts its lowest possible priority.

But is it safe to say San Franciscans can openly smoke, grow, or distribute cannabis without being harassed by law enforcement, as the nighttime talk show hosts and news pundits are fond of pronouncing?

Eric Luce, who’s worked as a public defender in Jeff Adachi’s office for the past four years, doesn’t think so. He’s seen a spike in recent cannabis busts and has eight open cases right now involving small-time marijuana sales.

"They’re being charged every day," Luce said. "This is a fairly new phenomenon, and I think it’s linked 100 percent to getting felony conviction rates up."

One of Luce’s clients, a Salvadoran émigré, already faced a stacked deck without trouble from the police. She’s an HIV-positive, transgender woman with a history of clinical depression. During a string of undercover operations conducted by SFPD narcs throughout March and April, an officer approached the woman (Luce requested that the Guardian not publish her name), asking if she had crack.

No, she said, but she did have a little pot, what turned out to be half a gram, hardly enough for a joint. The officer offered $5 for it, but she declined and turned to leave, declaring that she’d rather just smoke it herself. So he raised his offer to $10. She said yes and was arrested.

More than a month later, she remains in jail, and although she was granted amnesty in the late ’80s and has spent the past 25 years in the United States, Luce said, the arrest threatens her immigration status.

In another recent case, three men were arrested at Golden Gate Park in early March for allegedly selling an eighth of an ounce to an undercover narcotics officer. All told, police claim the trio possessed a half ounce between them. One defendant spent a month in jail for it, and Luce’s client, a homeless man named Matthew Duboise, was only released after Luce persuaded a judge that the officers had searched him illegally.

If Luce’s clients otherwise accept guilty pleas simply to get out of jail, District Attorney Kamala Harris gets to characterize these pleas as felony convictions of drug dealers — a significant distinction during an election year — even as she claims publicly to back the concept of low priority. Like so much about the drug war, Ammiano’s ordinance, joined by a handful of other piecemeal legislative attempts in California to soften prohibition, creates as many questions as it does answers.

How would police officers officially make cannabis a low priority? Could they look the other way without sanction? Does the SFPD even care what city hall decides if federal agents continue to insist through their actions and words that possessing or using cannabis in any form is still against the law?

In recent weeks we contacted the defendants in three additional local cannabis busts, ranging from large to small quantities, but none of them would speak to us even off the record about their cases, fearing a backlash at pending court hearings. So we visited the very unsophisticated criminal records division at the Hall of Justice on Bryant Street for a crude statistical analysis of recent marijuana charges filed in the city.

Using the hall’s record index, we conservatively estimated there were well more than three dozen cases filed by the District Attorney’s Office since the beginning of 2007 involving violations of California’s Health and Safety Code, section 11359, felony possession of marijuana for sale. The tally is just for simple drug charges, and that doesn’t even count cases with accompanying charges, like weapons possession or violent assault.

So where are all these cases coming from?

Sharon Woo, head of the DA’s narcotics unit, points out that Ammiano’s legislation specifically exempts "hand-to-hand sales" in public places and was amended — notably at the 11th hour before its passage — to include such sales "within view of any person on public property." She said most of the cases we identified, like the two mentioned above, involved an SFPD response to grumbling from residents about drug sales in certain neighborhoods. The resulting undercover sweeps net 20 to 50 suspects each time.

"The [Police] Department is really answering a community request for assistance, and we’re prosecuting based on the information they give us," Woo told the Guardian. "When it’s in an open place, a public place, we treat hand-to-hand sales of marijuana as seriously as any other type of crime."

Those are only the cases for which there’s a paper trail. Gary Delagnes, president of the San Francisco Police Officers Association (SFPOA) and a former narcotics officer, told us police in the city are more than likely to simply book confiscated marijuana without filing charges against the suspect to avoid paperwork and the perceived inevitability by the SFPD rank and file that Harris won’t prosecute small-time users or growers, at least not with the zeal they’d prefer.

That means the index we scanned wouldn’t reflect instances in which police simply confiscated someone’s pot — possessed legally or illegally — or cases in which a suspect was never arraigned in court but still endured being ground through the criminal-court system. And it’s worth mentioning that at least under city rules, a qualified medical marijuana patient can possess up to eight ounces of dried cannabis, a considerable amount.

Delagnes says marijuana should be fully decriminalized. "But if somebody calls us and says, ‘Hey, look, there’s a place next door to me, and it stinks like marijuana to high heaven, and I just saw a guy in the backyard with 50 marijuana plants,’ what are we supposed to tell the guy on the phone? ‘Tough shit’?"

What’s remarkable is that San Francisco has been through all this before — 30 years ago. Local voters passed Proposition W overwhelmingly in 1978, demanding that law enforcement officials stop arresting people "who cultivate, transfer or possess marijuana."

Dale Gieringer, director of California’s National Organization for the Reform of Marijuana Laws, said San Francisco all but forgot Prop. W. So how do you prevent the same thing from happening to Ammiano’s ordinance? "You don’t. Law enforcement is unmanageable," Gieringer said. "You have to get state law changed. The only way I know to get state law changed is you … try to build up local support before you finally go statewide, which is exactly what we did with medical marijuana."

Gieringer, who helped Ammiano’s office pen the most recent law, said it was modeled after a similar Oakland version, which explicitly made an exception for street sales. "We were protecting private adult cannabis offenses with the understanding that we didn’t want marijuana sold in the streets, which has been a real problem in Oakland and other places," Gieringer said. "You get all of these neighborhood complaints."

But in another case we reviewed from court records, a suspect named Christopher Fong was pulled over in January near Harold Street and Ocean Avenue and arrested for allegedly possessing five bags of marijuana.

He had a doctor’s recommendation but no state-issued medical cannabis card, according to court records. Under Proposition 215, passed by voters more than 10 years ago, you still don’t need a license to prove to officers you’re a cannabis patient, a fact Woo from the DA’s Office didn’t seem fully aware of during our interview. San Francisco state assemblymember Mark Leno simply created the license system in 2003 to encourage law enforcement to stay off your back with the right paperwork.

So despite each of California’s awkward lurches toward decriminalization, without a complete, aboveground regulatory scheme, users still exist in a form of criminal purgatory, and demand for cannabis still spills onto the street. The most anyone can pray for is being confronted by a cop who happens to be in a good mood that day.

"It still comes down to the discretion of the cop," Ammiano told us.

His law nonetheless quietly represents something that few other decriminalization efforts have in the past: its premise does not hinge on the notion that cannabis possesses medicinal qualities. It simply says taxpayers are weary of spending $150 million statewide each year enforcing marijuana laws and clogging courts, jails, and the probation system with offenders.

The ordinance also includes the formation of a community oversight committee composed of civil liberties and medical cannabis advocates. They’ll be responsible for compiling arrest rates and obtaining complaints from civilians in the city who believe they’ve been unfairly accosted by officers.

"I think [the department] would be more likely to take it seriously if they received a lot of complaints about what they’re doing," said Mira Ingram, a cannabis patient and committee appointee. "So I’m hoping with this committee, we’ll be able to bring all of this stuff out and be a sounding board for people who have problems with [police]."

Ammiano’s office told us the ordinance simply codifies what was already the prevailing attitude in the SFPD’s narcotics unit. But it remains doubtful as to how far the cannabis committee could go in forcing fundamental changes in department culture, especially considering the committee couldn’t punish officers for vioutf8g the lowest-priority law or even for refusing to provide detailed information about individual cases.

"Until we can change that culture, it’s not going to go away," admits Michael Goldstein, another committee appointee. "It would be my hope that … eventually we would have some empowerment to forestall and limit what they do in that regard. But you understand what it takes to completely transform an organization like that. It ain’t gonna happen. I’ve been around [San Francisco] for 30 years."

While Delagnes told us that he’s not altogether opposed to the idea of repealing prohibition, the SFPOA has attacked local officials who publicly support cannabis users, a signal that even after an entrenched, decades-long war against narcotics, the Police Department may be a long way from making marijuana a truly low priority.

Police commissioner David Campos, an aspirant to the District 9 supervisor seat now held by Ammiano, drew fire from the SFPOA when he recently criticized a regular antagonist of the city’s medical marijuana dispensaries, an SFPD sergeant and particularly aggressive drug cop named Marty Halloran.

"Commissioner Campos said Marty Halloran has no business being a police officer," Delagnes angrily told the commission in April. "Oh really? Well, for someone who has obviously dealt with this situation with a complete lack of integrity and has failed to act in a fair, impartial, and objective manner, I believe the opposite is true of Mr. Campos, and perhaps you should not be sitting on this commission."

Does that sound like an end to prohibition looms?

For Luce, the most alarming recent trend is officers finding a homeless street addict as a hook to direct them toward a more prominent dealer. When the arrest occurs, both are charged with felony possession of narcotics for sale.

"That’s not the point of these undercover narcotics operations," he said. "The point of them is to go after hardcore sellers. And what they’re doing is targeting the most vulnerable people out there, these addicts. It’s a way for the police to say, ‘We’re arresting dealers.’" *

Sam Devine contributed to this story.

Police commission politics

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By Tim Redmond

Theresa Sparks, a transgender activist who was honored as Woman of the Year by the state Assembly, called today to tell me she’s going to run for president of the Police Commission, challenging former City Attorney Louise Renne, who currently holds the job and shows no signs of wanting to step down.

I suspect Sparks will get at least a couple of votes from the more progressive side of the panel, including David Campos and maybe Petra DeJesus. That would leave Joe Vernonese, who is about to announce he’s running for state Senate, as the swing vote.

Should be a fascinating meeting May 9th.

Death of fun, the sequel

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> news@sfbg.com

Fun – in the form of fairs, festivals, bars, art in the parks, and the freedom to occasionally drink alcohol in public places – is under attack in San Francisco.

The multipronged assault is coming primarily from two sources: city agencies with budget shortfalls and NIMBYs who don’t like to hear people partying. The crackdown has only intensified since the Guardian sounded the alarm last year (see “The Death of Fun,” 5/24/06), but the fun seekers are now organizing, finding some allies, and starting to push back.

Mayor Gavin Newsom and other city hall leaders have been meeting with the Outdoor Events Coalition, which formed last year in response to the threat, about valuing the city’s beloved social gatherings and staving off steep fee hikes that have been sought by the Recreation and Park, Fire, Public Works, and Police departments.

Those conversations have already yielded at least a temporary reprieve from a substantial increase in use fees for all the city’s parks. It’s also led to a rollback of the How Weird Street Faire’s particularly outrageous police fees (its $7,700 sum last year jumped to $23,833 this year – despite the event being forced by the city to end two hours earlier – before pressure from the Guardian and city hall forced it back down to $4,734).

The San Francisco Democratic County Central Committee will also wade into the issue April 25 when it considers a resolution warning that “San Francisco has become noticeably less tolerant of nightlife and outdoor events.” It is sponsored by Scott Wiener, Robert Haaland, Michael Goldstein, and David Campos.

The measure expresses this premier political organization’s “strong disagreement with the City agencies and commissions that have undermined San Francisco’s nightlife and tradition of street festivals and encourages efforts to remove obstacles to the permitting of such venues and events up to and including structural reform of government permitting processes to accomplish that goal.”

The resolution specifically cites the restrictions and fee increases that have hit the How Weird Street Faire, the Haight Ashbury Street Fair (where alcohol is banned this year for the first time), and the North Beach Jazz Festival, but it also notes that a wide variety of events “provide major fundraising opportunities for community-serving nonprofits such as HIV/AIDS, breast cancer, and violence-prevention organizations that are dependent upon the revenue generated at these events.”

Yet the wet blanket crowd still seems ascendant. Sup. Michela Alioto-Pier now wants to ban alcohol in all city parks that contain playgrounds, which is most of them. Hole in the Wall has hit unexpected opposition to its relocation (see “Bar Wars,” 4/18/07), while Club Six is being threatened by its neighbors and the Entertainment Commission about noise issues. And one group is trying to kill a band shell made of recycled car hoods that is proposed for temporary summer placement on the Panhandle.

That project, as well as the proposal for drastically increased fees for using public spaces, is expected to be considered May 3 by the Rec and Park Commission, which is likely to be a prime battleground in the ongoing fight over fun.

 

FEE FIGHT

Rec and Park, like many other city departments, is facing a big budget shortfall and neglected facilities overdue for attention. A budget analyst audit last year also recommended that the department create a more coherent system for its 400 different permits and increase fees by 2 percent.

Yet the department responded by proposing to roughly double its special event fees, even though they make up just $560,000 of the $4.5 million that the department collects from all fees. Making things even worse was the proposal to charge events based on a park’s maximum capacity rather than the actual number of attendees.

The proposal caused an uproar when it was introduced last year, as promoters say it would kill many beloved events, so it was tabled. Then an almost identical proposal was quietly introduced this year, drawing the same concerns.

“These are just preliminary numbers, and they may change,” department spokesperson Rose Dennis told us, although she wouldn’t elaborate on why the same unpopular proposal was revived.

Event organizers, who were told last year that they would be consulted on the new fee schedule, were dumbfounded. They say the new policy forces them to come up with a lot of cash if attendance lags or the weather is bad.

Mitigating such a risk means charging admission, corralling corporate sponsorship, or pushing more commerce on attendees. This may not be a hindrance for some of the well-known and sponsored events such as Bay to Breakers and SF Pride, but consider how the low-budget Movie Night in Dolores Park might come up with $6,000 instead of $250, or how additional permit fees could strangle the potential of nascent groups such as Movement for Unconditional Amnesty.

The group is sponsoring a march in honor of the Great American Boycott of 2006. On May 1 it will walk from Dolores Park to the Civic Center in recognition of immigrants’ rights. The group wanted to offer concessions, because food vendors donate a percentage of their sales to the organization, but the permit fee for propane use from the Fire Department was too high.

“They couldn’t guarantee they’d make more than $1,200 in food to cover the costs of permits,” said Forrest Schmidt, of the ANSWER Coalition, who is assisting the organizers. “So they lost an opportunity to raise funds to support their work. It’s more than $1,000 taken off the top of the movement.”

ANSWER faced a similar problem after the antiwar rally in March, when the rule regarding propane permits was reinterpreted so that a base charge, once applied to an entire event, was now charged of each concessionaire – quadrupling the overall cost. ANSWER pleaded its case against this new reading of the law and was granted a one-time reprieve. But Schmidt says none of the SFFD’s paperwork backs up a need to charge so much money.

“They kept on saying over and over again, ‘You guys are making money on this,’ ” Schmidt said. “But it’s an administrative fee to make sure we’re not setting anything on fire. It’s essentially a tax. It’s a deceitful form of politics and part of what’s changing the demographic of the city.”

The Outdoor Events Coalition, which represents more than 25 events in the city, agrees and has been meeting with city officials to hash out another interim solution for this year, as well as a long-term plan for financial sustainability for all parties.

“We’re cautiously optimistic,” said Robbie Kowal, a coalition leader and organizer of the North Beach Jazz Festival. But he’s still concerned about what he and the coalition see as a continuing trend.

“The city is changing in some way. It’s becoming a culture of complaint. There’s this whole idea you can elect yourself into a neighborhood organization, you can invent your own constituency, and the bureaucracy has to take you seriously. Neighborhood power can be so effective in fighting against a Starbucks, but when it’s turned around and used to kill an indigenous part of that neighborhood, like its local street fair, that’s an abuse of that neighborhood power.”

 

NIMBY POWER

Black Rock Arts Foundation, the San Francisco public art nonprofit that grew out of Burning Man, has enjoyed a successful and symbiotic partnership with the Newsom administration, placing well-received temporary artwork in Hayes Green, Civic Center Plaza, and the Embarcadero.

So when BRAF, the Neighborhood Parks Council, the city’s Department of the Environment, and several community groups decided several months ago to collaborate on a trio of new temporary art pieces, most people involved thought they were headed for another kumbaya moment. Then one of the projects hit a small but vocal pocket of resistance.

A group of artists from the Finch Mob and Rebar collectives are now at work on the Panhandle band shell, a performance space for nonamplified acoustic music and other performances that is made from the hoods of 75 midsize sedans. The idea is to promote the recycling and reuse of materials while creating a community gathering spot for arts appreciation.

Most neighborhood groups in the area like the project, and 147 individuals have written letters of support, versus the 17 letters that have taken issue with the project’s potential to draw crowds and create noise, litter, graffiti, congestion, and a hangout for homeless people.

But the opposition has been amplified by members of the Panhandle Residents Organization Stanyan Fulton (PROSF), which runs one of the most active listservs in the city, championing causes ranging from government sunshine to neighborhood concerns. The group, with support from Sup. Ross Mirkarimi’s staff, has delayed the project’s approval and thus placed its future in jeopardy (installation was scheduled to begin next month).

“My main concern would be that this is a very narrow strip of land that is bordered by homes on both sides,” said neighbor Maureen Murphy, who has complained about the project to the city and online through the PROSF. “My fear is that there is going to be amplification and more people and litter.”

The debate was scheduled to be heard by the Rec and Park Commission on April 19 but was postponed to May 3 because of the controversy. Nonetheless, Newsom showed up at the last hearing to offer his support.

“Rare do I come in front of committee, but I wanted to underscore … the partnership we’ve had with Black Rock Arts Foundation. It’s been a very successful one and one I want to encourage this commission to reinforce,” Newsom told the commission. “I think the opportunity exists for us … to take advantage of these partnerships and really bring to the forefront in people’s minds more temporary public art.”

Rachel Weidinger, who is handling the project for BRAF, said the organizers have been very sensitive to public input, neighborhood concerns, environmental issues, and the impacts of the project, at one point changing sites to one with better drainage. And she’s been actively telling opponents that the project won’t allow amplified music or large gatherings (those of 25 or more will require a special permit). But she said that there’s little they can do about those who simply don’t want people to gather in the park.

“We are trying to activate park space with temporary artwork,” she said. “Guilty as charged.”

Yet any activated public space – whether a street closed for a fair or a march, a park turned into a concert space, or a vacant storefront turned into a nightclub – is bound to generate a few critics. The question for San Francisco now is how to balance NIMBY desires and bureaucratic needs with a broader concern for facilitating fun in the big city.

“Some people have the idea that events and nightlife are an evil to be restricted,” Wiener said. But his resolution is intended as “a cultural statement about what kind of city we want to live in.” *

 

‘WHEN WE WERE YOUNG’: Gen Xers don’t wanna be cops ‘cause they’re fat and lazy, says Gary Delagnes — PLUS! Police commissioner David Campos responds to the POA’s call for his resignation

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By G.W. Schulz

There’s never a shortage of bitching over at the San Francisco Police Officers Association. And the best place to find it lying exposed, unshaven and clad in patent-leather stirrups without so much as a single blush is in the cop union’s monthly newsletter, the POA Journal.

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As attorney Mark Schlosberg at the ACLU of Northern California will tell you, there’s no better place than the POA Journal for an honest assessment of what the SFPD’s rank and file is really thinking. And leading each edition of the Journal is a scribe from outspoken union president Gary Delagnes that’s sometimes funny but mostly unsettling.

Without further ado, ladies and gentleman, welcome to another edition of “What’s the city’s cop union bitching about now?”

This past year actually treated the POA quite well, what with the state Supreme Court’s Copley decision sealing off police disciplinary records from public scrutiny, Berkeley losing a subsequent legal challenge to the ruling and the SFPD’s general success in slowing down the implementation of a program designed to track and flag lunatic cops.

Fast start in 9

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By Steven T. Jones
The next Board of Supervisors race would appear to be only a faint blip on the horizon — coming as it does after this year’s mayor’s race, the presidential primary a year from now, and the state primary fight in June ’08 that will feature the Leno-Migden battle royale — but contenders are already starting to position themselves. Nowhere is that happening quicker than in District 9, where Tom Ammiano will vacate his seat and try to smoothly hand it over to the man he considers his heir apparent, David Campos, who has been quietly lining up support all over town. Police reform advocates were happy to see Police Commissioner Campos hold out for a tougher early intervention system, a bold move that showed he’s not as afraid of the Police Officers Association as too many pols are here in town. And Campos is likely to have the queer community solidly behind him. But the heart of Dist. 9 is in the Mission and Campos is likely to face a strong challenger from longtime Mission activist Eric Quezada, and maybe day laborer advocate Renee Saucedo, who ran against Ammiano last time. And from the more conservative side of the equation, Miguel Bustos will also likely throw his hat into the ring, although this is one of the city’s most lefty districts. So, almost two years early, this is already looking like it’s going to be a Campos-Quezada slugfest. Dontcha just love politics?

Fix early warning for cops

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EDITORIAL The San Francisco Police Commission has finally approved a long-overdue plan to monitor problem cops — but the Police Officers Association managed to get it watered down to the point where it won’t be terribly effective. The whole sorry episode was an example of how the POA has been running roughshod over the Police Department and undermining even basic disciplinary procedures.

The commission has been talking about this for four years now, ever since the American Civil Liberties Union and the Controller’s Office released scathing reports outlining the city’s failure to monitor problem officers and identify cops who were prone to violent behavior.

The idea is simple (and it’s worked successfully in plenty of other cities): there are well-established patterns of behavior and performance signals that tend to be associated with police officers likely to get into trouble. The San Francisco system will track uses of force, citizen complaints, police-abuse lawsuits, officer-involved shootings, on-duty accidents, and vehicle pursuits and allow the department to do early intervention with any officer who seems to be developing violent or reckless behavior.

But that ignores two other key indicators — cases in which criminal charges are dismissed because of officer misconduct and cases in which the cops charge citizens with resisting arrest. If an officer is involved in an unusually large number of these sorts of cases, it’s a clear sign of potential trouble, Samuel Walker, a criminologist who’s a national expert on early-intervention systems, told the commission.

The POA, however, helped write the plan — and refused to allow those criteria to be included. The union also made sure that the tracking system can’t be used in considering whether an officer is promoted, disciplined, or allowed to train other cops. In other words, the Police Department can’t use its own data for what would seem to be standard management practices. In fact, POA officials threatened to sue the city if the commission made any effort to tighten the tracking program.

The system is hardly punitive to the cops. The first two times it triggers a red flag, the officer’s supervisor can use the information for closer monitoring — or can simply review the findings and determine there isn’t a real problem. Only after a third warning sign does the officer have to undergo counseling.

A good early-warning system can prevent police violence and abuse, and by weeding out problem officers before they do something that leads to a major lawsuit, it can save the city a lot of money. But the real point here is that the commission and the chief — not the police union — should be making decisions about management policy.

This program won’t go into effect until the end of the year; there’s still plenty of time for the commission to send it back for amendments without buckling to the demands of a rogue police union that has already done tremendous damage to the department’s reputation. Commissioner David Campos, to his credit, was the lone vote against it; the other members of the panel should follow his lead.*

Elsbernd’s bad police plan

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As if the San Francisco Police Department didn’t have enough trouble with discipline, Sup. Sean Elsbernd has introduced a charter amendment that would allow the police chief to suspend officers for as long as 45 days. That doesn’t sound so bad, but it’s a terrible idea, and the supervisors should kill it.
Let’s start with a dose of reality here: in a lot of jurisdictions police officers don’t get suspended for 45 days. They don’t run amok and wind up with months-long unpaid vacations. They get fired.
That’s not surprising: people with a license to carry a gun and shoot to kill — with the legal right on the basis of their own judgment to take another person’s life — don’t have the right to mess around with the rules.
We’re not talking about tiny, inoffensive infractions here: the stuff that merits a long suspension in this city isn’t minor offenses like rude conduct or bad language. It’s clear, unequivocal abuse of authority, excessive force, brutality, lying to cover up illegal conduct. In many cases the officers who are found guilty of these crimes — and they are crimes — shouldn’t be carrying guns and badges any more.
But it’s damn hard to fire a police officer in San Francisco, so people who have no business on the force cling to their jobs after disciplinary actions that amount to stiff fines.
Right now the chief can suspend a cop for as long as 10 days. That requires no formal action by the civilian Police Commission, no public record, no chance for community input. The idea is that fairly minor offenses should be taken care of quickly and that the head of the department should be empowered to handle them. Beyond 10 days, the case goes to the commission — and it should.
In the wake of the state Supreme Court decision known as Copley, the public has only very limited access to information about police disciplinary cases. In November three members of the Police Commission tried to keep the process as open as possible, and David Campos, Theresa Sparks, and Petra DeJesus deserve thanks for the effort. But with Joe Alioto Veronese — who made a grievous policy error — as the swing vote, the attempt went down, 4–3. So now, most of what cops do to get in trouble and most of what the city does to try to keep them in line will happen behind closed doors.
But at least the commission is a civilian agency, and at least some of the members have demonstrated a commitment to real oversight, and at least there’s a chance that cops who commit heinous offenses will face more than a quiet slap on the wrist and a clandestine pat on the back and a wink and a nod and a message that the rules don’t really apply to San Francisco’s finest.
It’s crazy that policy makers are even having this argument. But if San Francisco is going to continue to allow cops who ought to be back in civvies to stay on the force, an accountable civilian panel ought to be making that decision. SFBG

If Fong goes

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› news@sfbg.com If November has been a bad month for Mayor Gavin Newsom, it’s been worse for his police chief, Heather Fong. The entire battle over police foot patrols has made Fong look terrible. She started off saying that the department simply couldn’t afford to put more cops on the streets in high-crime areas because she didn’t have the troops to do it. She and the mayor fought hard to defeat the legislation. The bill passed anyway, effectively ordering her to do what she claimed she couldn’t do, and it was vetoed by Newsom. But as it seemed likely that the Board of Supervisors had the votes to override the veto, Fong came out with her own foot patrol plan, which wasn’t all that different from what the board had approved. Suddenly, she seemed to be saying that foot patrols really were possible. After the veto override she went in another direction, telling a TV interviewer that she wasn’t sure her captains were going to follow the law anyway. Police Commission member David Campos pushed her on those apparent flip-flops at the commission’s Nov. 15 meeting, and she bobbed and ducked like a wounded quail. In the meantime, at least one Newsom ally, Sup. Bevan Dufty, proclaimed that he had no faith in the chief, and numerous others on the board publicly decried her lack of leadership. Fong sat in the board chambers Nov. 14, looking visibly shaken, and listened to it all. And rumors started swirling that Newsom was ready to fire her. Not a good sign for the city’s first female top cop, who was already under fire for the skyrocketing murder rate and for failing to hold bad officers accountable for abuses of authority. But Fong has one thing going for her: some progressives think that the immediate alternatives are even worse. Campos, a proponent of foot patrols, told us he was critical of the chief’s reaction to the supervisors’ plan — a plan that the board only decided to implement after watching crime levels rise for three years straight and gaining unanimous backing from the Police Commission and significant support from a frustrated public. But he’s not so sure giving Fong the ax will help. “I understand the criticisms,” Campos told us, “but as a progressive, I’m worried what will happen to police reform if Fong is no longer there. Under her leadership we’ve seen a dramatic change in approach from that of her predecessors. There’s been less conflict, and her focus has been on how to get the job done without drama. She’s not a bomb thrower, and that’s been a real positive change.” The politics of the situation are complicated: sure, some progressives are furious at the chief — but a lot of the pressure to get rid of her is also coming from the police union and the old guard at the department. “Some of the people who are critical of her are those who also aren’t keen on reform and have tried to slow down the reform promises contained within Prop. H,” Campos explained. “To me, that raises my concern. I don’t want those people to succeed in their efforts. Their track record has not been good.” Sup. Tom Ammiano added, “You can change the chief, but that won’t address the real problems.” Commission member Theresa Sparks noted that “Chief Fong has brought a strong sense of integrity and a lot of administrative order to the department and made some changes of command staff. My only concern is the willingness of the rank and file to follow her leadership, given that she has such a different leadership style.” Sparks argued that whenever Fong leaves, the commission ought to go beyond the traditional practice of promoting from within. “There’s a number of qualified people within the department who certainly should apply,” she said, “but San Francisco might benefit from looking farther afield, much like Los Angeles did.” There will, no doubt, be tremendous pressure to hire from within the ranks. Dufty — who, to his credit, defied the mayor and voted to overturn the foot patrols veto — is a fan of Deputy Chief Greg Suhr. Yet Suhr was one of the so-called Fajitagate defendants charged with conspiracy, although the charges against him were dismissed in court. He was in command of 100 officers during an anarchist demonstration in the Mission District in July 2005 when patrol officer Peter Shields was overwhelmed by protesters and injured. (That was the demonstration that led to the jailing of journalist Josh Wolf — see Editor’s Notes, on the cover.) Suhr blamed a communications breakdown; Fong said that wasn’t possible. Suhr was exiled to a job with the SF Public Utilities Commission shortly afterward. Police reform activists don’t consider Suhr an ally, but Dufty called him “a very strong cop.” Even so, Dufty agreed that the department might benefit from outside leadership. “We’re at a stage where the balkanization of the department is at a level I’ve never seen,” he told us. “I’ve never thought that there should be a chief from the outside, but at this time I would consider it.” SFBG

Secrecy wins, 4-3

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By Tim Redmond

Late last night, after all the debate about surveillance cameras was over, the San Francisco Police Commission narrowly voted down a plan that would have made a strong statement against secrecy in police discipline.

The vote was 4-3,. with the usual pro-cop suspects, Louse Renne, Joe Marshall and Yvonne Lee joined by the swing vote, Joe Alioto Veronese. He should have voted the other way.

Here’s what happened: After the state Supreme Court came out with its atrocious ruling in a case called Copley, essentially enshrining all cop discipline cases in a veil of secrecy, Commissioner David Campos proposed an intriguing idea: A lot of disciplinary cases are settled before a formal trial. That’s usually to the benefit of the cop, who can accept a lower penalty in exchange for, in effect, pleading guilty. Campos suggested that the commission simply state, as a matter of policy, that no cases would be settled unless the officer involved agreed to waive his right to confidentiality and let the public know about the charges and the outcome.
That would simply continue the way things have been done for the pas 14 years, prior to this horrible court decision.
When the idea first came up, Alioto Veronese supported it, but over the past few weeks, he’s backed away. And last night, with a bit of a convoluted explanation, he cast the deciding vote to shoot down the Campos proposal. Not good.

By the way, the meeting ended with Campos and Commissioner Theresa Sparks demanding that Chief Heather Fong explain her rather bizarre statements on police foot patrols.The chief had initially argued that foot patrols would never work, because the department didn’t have enough staff. Then she presented her her own foot-patrol plan. Then she was quoted in a TV interview as appearing to say that if the supervisors passed the law, she’d ignore it anyway.

What, exactly, was the chief’s position, and how did it change so radically from one day to the next? Fong ducked beautifully. But the commissioners promised to bring the issue back.

The SFPD will not reform itself

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EDITORIAL Mayor Gavin Newsom, who has vetoed legislation requiring a few police officers to actually walk beats in high-crime neighborhoods, says he was proud of the San Francisco Police Department’s action in the Castro on Halloween night. Proud? Some 800 cops were on hand, and yet someone managed to bring in a gun, shoot nine people — and get away. As we report on page 11, a lot of cops weren’t really doing much for most of the night except standing around; foot patrols (that is, cops actually mingling with the revelers, keeping an eye on things) might have prevented the shootings.
The SFPD is a mess — and the department isn’t going to reform itself. The mayor ought to be in the forefront on this, but he’s ducking — so the supervisors need to step up.
The foot patrol legislation, sponsored by Sup. Ross Mirkarimi, is hardly radical and isn’t a threat to the department’s independence. The bill simply directs the department to put a few cops on the beat, out of their cars, in a few high-crime areas. It passed 7–3, with only Sups. Aaron Peskin, Sean Elsbernd, and Michela Alioto-Pier dissenting, and Sup. Jake McGoldrick absent. If that vote holds and McGoldrick sticks with the majority, the supervisors can override the veto.
But there’s immense pressure coming down on individual supervisors to change their votes, and even one member slipping away would allow Newsom’s position to hold. That’s unacceptable: every supervisor who approved foot patrols needs to vote to override the veto — and just to be sure, Peskin, who is generally good on these issues, needs to come over to the progressive side. This one modest mandate could be not only a lifesaver in areas with high homicide rates but also the beginning of some real change at the SFPD.
The Police Commission is struggling with a disciplinary issue that’s also potentially a turning point: three commissioners — David Campos, Petra de Jesus, and Theresa Sparks — want to refuse to settle any disciplinary cases unless the cops agree to make the settlement public (see Opinion, page 7). Commissioner Joe Veronese initially agreed with that proposal but has shifted his position and is offering a really weak alternative instead. That’s a bad sign for the politically ambitious commissioner; he needs to show some spine, defy the Police Officers Association, and sign on with the Campos plan.
This just in: Bill Lee, who works for Mayor Newsom and (sort of) for the airport, is up for reappointment as a planning commissioner at the Rules Committee on Nov. 9. It’s a clear conflict of interest: a city employee working directly for the mayor shouldn’t be on the Planning Commission. Besides, he’s been a pretty bad vote. The supervisors should send him packing. SFBG

Keep police discipline public

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

Editor’s Notes

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› tredmond@sfbg.com
So much going on this week: the cops and the San Francisco Police Commission are heading for a battle over secrecy, the cops and the supervisors are headed for a battle over foot patrols — and Mayor Gavin Newsom is heading for a battle with homeless advocates over a new round of sweeps at Golden Gate Park. The mayor and the local gendarmes can’t win any of this without community support and would do far better to stop trying to fight these battles.
Then there’s redevelopment and the city attorney … and we might as well get started:
•The state Supreme Court ruled a couple of weeks ago that all police disciplinary records have to be kept secret. It’s an awful decision, and San Francisco needs to find a way around it if at all possible. Some police commissioners, starting with David Campos, want to do that, but City Attorney Dennis Herrera is interpreting the law very conservatively and not offering the commission a lot of options.
Why not make public all the charges against cops with the individual officers’ names redacted? At least the community would know that some cops are improperly shooting people, giving liquor to minors, beating up people of color, beating up their spouses … and at least we’d all have a way to demand some policy changes. Or why not tell bad cops facing disciplinary hearings that they can plea bargain for a lenient sentence — and waive their rights to privacy — or take their chance in a full commission trial, where they will face termination if they lose? Let’s think here, people: this is too important to just give up. San Franciscans aren’t going to accept a secret police state.
•The mayor and the police chief are still fighting against Sup. Ross Mirkarimi’s plan to put cops on foot in high-crime areas. That’s a loser, Mr. Mayor. Nobody thinks that your current plans are working.
•After visiting Central Park in New York City — which is run by and for a private group of rich people — Newsom has decided to clear all the homeless people out of Golden Gate Park. Let me offer a little reality here: people sleep in the park because they have no place else to go. You cut their welfare payments and let the price of housing skyrocket, this is what you get. Sweep them out and they won’t disappear: they’ll sleep on the streets in the Haight and the Sunset and the Richmond. There’s a great campaign issue.
Besides, Golden Gate Park, homeless and all, is generally a safe, pleasant place, with only minor crime problems. But kids are dying on the streets only a few hundred yards away in the Western Addition. We don’t have enough cops to walk the beat where they could save lives — but we have enough to roust the homeless?
•Herrera, who’s got his hands full of ugly messes this week, tossed a referendum on the Bayview Hunters Point Redevelopment Plan off the ballot because each of the petitions didn’t have the entire plan attached. For the record, the plan is 62 pages. If this is the standard — an entire plan has to be copied and printed with every single petition — then as a practical matter, nobody in California can ever do a referendum on a redevelopment project. I suspect that’s not what Hiram Johnson had mind. SFBG

City attorney and the cops

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By Tim Redmond

City Attorney Dennis Herrera released his official opinion on how the Police Commisison has to respond the the utterly horrible California Supreme Court decision on secrecy in police discipline cases. I’m not happy.

I realize that the Supreme Court has spoken on this, and that the city attorney of San Francisco can’t just openly defy the Supremes. But there are some (small) openings in the ruling; among other things, it specifies that records in police discipline cases have to be closed, but pointedly does not address the issue of open hearings. Herrera’s opinion pretty much says there’s not a damn thing the Police Commission can do other than shut down all public access to information about cops who have behaved badly. I like and respect Herrera, but I have to side with Poice Commission vice president David Campos, who told me this afternoon that “if there’s even a small opening, we should try to pursue it.”

Will Herrera fight the cops?

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By Tim Redmond

The Police Commission held a long, long closed session tonight, and I’m sure they were discussing the big issue of the day — the California Supreme Court decision that the cops insist makes all cases of discipline against peace officers totally secret.

I have no idea how the behind-closed-doors discussion went — but I do know that Commission vice-president David Campos, who is acting as a courageous champion of public access here, told me several days ago that he was going to push his colleagues not to bow down to the police lobby. He wants to keep disciplinary hearings open, to the greatest extent possible. But that will require some courage from CIty Attorney Dennis Herrera, too — the kind of courage Herrera showed in backing the city’s decision to issue same-sex marriage licenses, in defiance of the established legal authorities. There’s a way to do the same thing here — to say that San Francisco will not simply give up on public scrutiny of police misconduct: Keep the hearings open, and force the cops to sue. Then fight them all the way, and try to make better law.

Dennis?

The flaws in the Josh Wolf case

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› sarah@sfbg.com
Last week the California State Assembly and Senate unanimously asked Congress to pass a federal shield law to protect journalists from being forced to disclose unpublished material and the identity of a source.
Part of the motivation for the new push for federal legislation is the recent spate of federal attempts to imprison journalists who won’t give up their confidential sources. The latest victim of that crackdown, Josh Wolf, is in federal confinement after refusing to give prosecutors outtakes from a video he shot of a demonstration at which a San Francisco police officer was injured and a taillight was broken on a cop car (see “The SFPD’s Punt,” 8/23/06).
And while Congress is reviewing the case for protecting journalists, the Guardian has taken a hard look at the case against Josh Wolf — and it’s looking more dubious every day.
For starters, the local cops and the federal prosecutors are trying to claim that Wolf isn’t really a reporter.
That’s what sources in the San Francisco Police Department and the US Attorney’s Office tell us, and it’s borne out by the way the feds are pressing their case in court. In legal briefs, the government never refers to Wolf as a journalist, only as a witness. One federal official, who spoke on the condition he not be identified, likened Wolf to a convenience store owner who has a security camera that catches criminal activity on tape.
There are all sorts of problems with this argument — the first being that the courts have never formally contested Wolf’s journalistic credentials. In fact, the local prosecutors admit in legal briefs that they contacted Washington to seek permission to subpoena Wolf — a process that’s required whenever journalists face this sort of legal action.
As Peter Scheer of the California First Amendment Coalition points out, “The Justice Department claims it complied with regulations that say you can’t subpoena a journalist for outtakes without getting a special order from the attorney general.”
Scheer also notes that under California law, even bloggers enjoy the reporter’s privilege, as recently established when Apple Computer unsuccessfully tried to obtain the identities of sources who allegedly leaked business secrets to bloggers.
Lucy Dalglish, executive director of the Virginia-based Reporters Committee for Freedom of the Press, says that a case for Wolf qualifying as a journalist could be made under both the House and Senate versions of the Free Flow of Information Act, simply because Wolf was paid for broadcasting his video of the protest.
“In the Senate version, you have to be involved in journalism for money, make some part of your livelihood from it, while the House version is even broader,” said Dalglish.
Watching the part of Wolf’s video that he’s made public, which is posted online at www.joshwolf.net and was aired without his consent by at least three major TV networks before he was eventually compensated, it’s easy to speculate that the SFPD would not have delighted in the picture it paints of local law enforcement.
The footage of the July 8, 2005, protest begins peacefully with protesters, many of them wearing black ski masks, carrying banners saying “Anarchist Action,” “War is the Symptom, Capitalism is the Disease,” and “Destroy the War Machine.” As night comes on, the mood sparkles, then darkens. Someone lights a firecracker, smoke rises, helmeted police arrive, newspaper boxes are turned over, a Pacific Gas and Electric Co. office is sprayed with paint, and suddenly a police officer is captured holding a protester in what appears to be a choking position, while someone shouts, “Police brutality! Your career is over, fajita boy!” and an officer warns, “Leave or you’re going to get blasted. I’m a fed, motherfucker.”
At the same demonstration, Officer Peter Shields was hit in the head while charging into a crowd of protesters — and nobody knows exactly who hit him. That’s not on the public part of Wolf’s video, and Wolf and his lawyers insist there is no footage of the attack. Wolf fears that the government may be looking for something else — perhaps some video of other protesters — and will ask him to identify them. He refused to turn over the outtakes.
Carlos Villarreal, executive director of the National Lawyers Guild, says District Court Judge William Alsup, who ordered Wolf to jail, “made a big deal that Josh did not have agreement with a confidential source, but his argument turns Josh’s video equipment into a de facto government surveillance camera.”
Noting that there is a lot of trust between Wolf and protesters at demonstrations — “People aren’t afraid to go up to the camera and say, ‘Did you check out the pig that’s kicking a guy down the street?’” — Villarreal claims that “independent journalists are harder to see and spot than their corporate counterparts.”
The second, perhaps equally troubling problem is that the Wolf case should never have gone to the federal level in the first place.
Alan Schlosser, legal director of the American Civil Liberties Union of Northern California, told us there are a lot of red flags in the Wolf case, “beginning with the question, ‘Is there a legitimate federal law enforcement issue here?’”
The federal agents from the Joint Terrorism Task Force (JTTF) and the FBI didn’t choose to investigate the case — the San Francisco cops requested assistance. That in itself was odd: why is an assault on an officer a federal affair?
Schlosser asks, “Were the feds called in because they aren’t bound by the state’s reporter’s shield law?”
In theory, the local cops say it’s a federal issue because a cop car was damaged — and the city gets money from the federal government for law enforcement. Schlosser said it’s disturbing that “the SFPD doesn’t have to show the federal funds went towards paying for the allegedly damaged car…. So that statute could be applied to any number of situations. It’s very troubling. It federalizes law enforcement around demonstrations.”
A highly placed source in the SFPD offered a somewhat alarming explanation: the feds were brought in, the source said, not because of shield law issues but because the cops figured the JTTF and the US Attorney’s Office would move faster and more aggressively than San Francisco district attorney Kamala Harris, who has not been on the best terms with the local police.
In other words, if this source is correct, the SFPD is choosing who will prosecute crimes — based on politics, not the law.
As of press time, all Harris’s office was saying was that “the DA strongly believes in the First Amendment and the rights of the press. She also believes in justice for members of the SFPD. An officer was gravely injured that evening, and those responsible need to be held accountable.”
Asked why the federal government was involved in the investigation, Luke Macaulay, a spokesperson for the US Attorney’s Office, said, “This is not an attempt to profile anarchists and dissidents. It’s an attempt to get to the bottom of a crime.”
Macaulay also referred us to federal filings with the US District Court, which conclude that “the issue could not be more straightforward…. The incident is under investigation so that the grand jury can determine what, if any, crimes were committed.”
As far as we can tell, there’s nothing in writing that lays out when a San Francisco cop is allowed to ask for federal intervention in a case. All the SFPD General Orders say is that department members requesting assistance from an outside agency have to obtain the permission of a deputy chief.
According to records from the Investigations Bureau General Work Detail, Inspector Lea Militello filed a request for assistance from the FBI and JTTF to investigate a “serious assault against an SF police officer.” It was approved by Captain Kevin Cashman and Timothy Hettrich, deputy chief of investigations.
As of press time, the SFPD had not returned our calls inquiring why the FBI and JTTF were involved in an assault case, which is usually the domain of the DA’s Office.
David Campos, a member of the San Francisco Police Commission, said he thinks the commission needs to look at the issue “to make sure investigations are federalized when it’s appropriate and not as a way of getting around California’s shield laws.”
Reached Aug. 23 by phone in the Dublin Federal Correctional Institute, where he’s been held since Aug. 1, Wolf suggested that the feds are after more than pictures. “The Un-American Affairs Committee [in the 1950s] called in one person and forced them to make a list of all the people they knew. It was like Communist MySpace. So, I anticipate that they want all my contacts within the civil dissent movement.”
Wolf said he offered to let the judge view his video, which he insists does not capture the arson or assault. “There should not be a federal investigation. I published my video. They can use that to do their investigation.” SFBG
With all briefs filed, a decision on the Josh Wolf case is expected by Sept. 4.

endorsements

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For those of you who are still trying to vote, I’m really sorry that our endorsements haven’t been available, but here they are:

The Clean Slate
Our endorsements for the June 6 election. Tear off and take to the polls
National races
Senate
(D) No endorsement
(G) Senate
Todd Chretien
Congress, District 6
(D) Lynn Woolsey
Congress, District 7
(D) George Miller
Congress, District 8
(D) No endorsement
Congress, District 8
(G) Krissy Keefer
Congress, District 9
(D) Barbara Lee
Congress, District 11
(R) Pete McCloskey
Congress, District 12
(D) No endorsement
Congress, District 13
(D) Pete Stark
State races and propositions
Governor
(D) Phil Angelides
Lieutenant governor
(D) Jackie Speier
Secretary of state
(D) Debra Bowen
Controller
(D) Joe Dunn
Treasurer
(D) Bill Lockyer
Attorney general
(D) Jerry Brown
Insurance commissioner
(D) Cruz Bustamante
Board of Equalization, District 1
(D) Betty Yee
Superintendent of public instruction
(nonpartisan) Jack O’Connell
Senate, District 12
(D) Leland Yee
Assembly, District 12
(D) Janet Reilly
Assembly, District 12
(G) Barry Hermanson
Assembly, District 13
(D) Mark Leno
Assembly, District 14
(D) Loni Hancock
Assembly, District 16
(D) Sandré Swanson
Proposition 81
YES
Proposition 82
YES
San Francisco races and propositions
Superior Court, Judicial Seat 8
Eric Safire
San Francisco Democratic County Central Committee:
District 12
Susan Hall, Trevor McNeill, Jane Morrison, Melanie Nutter, Connie O’Connor, Roy Recio, Arlo H. Smith, David Wong
District 13
Bill Barnes, David Campos, Gerry Crowley, Rick Galbreath, Michael Goldstein, Robert Haaland, Joseph Julian, Rafael Mandelman, Tim Paulson, Laura Spanjian, Holli Thier, Scott Wiener
Proposition A
YES
Proposition B
YES
Proposition C
NO
Proposition D
NO
Alameda County races and measures
Assessor
Roy Thomsen
Auditor-controller
Patrick O’Connell
District attorney
No endorsement
Sheriff
Gregory J. Ahern
Superintendent of public instruction
Sheila Jordan
Superior Court, Judicial Seat 22
Fred Remer
Measure A
YES
Measure B
NO
Oakland races
Mayor
Ron Dellums
Auditor
Courtney Ruby
City Council, District 2
Aimee Allison
City Council, District 4
Jean Quan
City Council, District 6
Desley Brooks
School board, District 2
David Kakishiba
School board, District 4
Gary Yee
School board, District 6
Chris Dobbins
Live election night coverage at www.sfbg.com
For detailed explanations of our endorsements and a printable version of this slate card, go to www.sfbg.com.