Domestic Violence

Gascon’s futility

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news@sfbg.com

If the April 12, 2011 breakfast meet-and-greet featuring appointed District Attorney George Gascón at a West Portal Avenue eatery constitutes a barometer of the campaign for that important public office, San Franciscans are in for a tepid exercise in municipal futility.

Sponsored by a prolific campaign contributor and restaurant owner, a Board of Permit Appeals appointee of former Mayor Gavin Newsom, and the owner of a new public relations/lobbying firm just awarded the $100,000 dollar public relations contract for Muni, the event attracted some 20 people, including Gascón’s campaign manager and fundraiser, and consisted of a stereotypical candidate presentation and a meager number of audience questions.

Revealing he’s “intrigued” by a chief of police becoming the District Attorney, Gascón described a Saturday afternoon meeting in early January with Newsom supposedly about the transition in local law enforcement arising from relinquishment of the DA’s office by the prior officeholder. According to Gascón, he was “really surprised” when Newsom declared he wanted to appoint him to the office — but Gascón had to accept the offer by 5 p.m. (Not a word did he provide his breakfast audience about Willie Brown-Rose Pak’s participation in promulgating the Newsom offer).

After claiming he “got some very good results” in his first year as police chief, Gascón recited the need for “separation” between his role as former chief and execution of prosecutorial duties. But he failed to specify, even by example, cases in which he has or will recuse himself from prosecuting in favor of the state’s attorney general — at added taxpayer cost, to be sure! (The Attorney General’s Office institutionally lacks trained criminal trial lawyers; the office responsibility pertains to defending the people in appeals from criminal trial court convictions.)

Asserting that the D.A.’s office is “understaffed and underfunded,” the political appointee then tried to describe the three sections of responsibility within the office, concentrating on so-called community courts for “low-level offenses” and “diversion courts.”

He referred to a section for “justice integrity” without defining its nature or scope. He proclaimed as novelty ” a pre-preliminary hearing” proceeding to resolve charges by “offers” for defendants pleading no contest or guilty to lesser crimes, an existing standard practice in Superior Court.

Audience questions involved the mentally ill, capital offenses, the Mental Health Court, domestic violence, and prosecution problems caused by a flawed drug laboratory, search and seizure police errors, and the like. Gascón conveyed his personal “misgivings about the death penalty,” asserted that 60 percent of Death Row prisoners are “minorities,” reminded listeners the death penalty is California law and must be followed and concluded: “I can’t say categorically I’d never seek the death penalty.” (There are currently seven cases in the District Attorney’s Office that qualify for capital punishment.)

Gascón finally stated he “is not a fan of” so-called consent searches and that he has established a 24-hour search warrant office capability for police — and he spoke of an unexplained relationship with Public Defender Jeff Adachi, who has criticized several warrantless Police Department searches.

Strikingly absent from the Gascón dissertation was any reference to attacking public corruption of the genre disclosed by the Guardian and many other sources. One also wonders whether punishment represents an object of this prosecutor’s office or whether social outcomes represent the dominant goal.

Never mentioned was the Special Prosecution Unit of the office (which once handled corruption cases), whether it still exists or, if so, what its current mission is. Never mentioned was the method of selecting judges for his proposed Community Courts.

And, as John Shanley, one-time spokesman for ex-District Attorney Terence Hallinan and a former deputy city attorney observes: “Anybody who thinks public corruption ended in San Francisco with the disgraced Ed Jew needs to reduce their dosage of medicinal marijuana.”

Lacking any questions or information on the candidate’s trial experience, prosecutorial successes, or experience as a lawyer, we still don’t know much about political appointee D.A. Gascón after one West Portal meet and greet.

Retired Superior Court Judge Quentin Kopp — a former San Francisco supervisor and state senator — has been engaged as a special correspondent for the Guardian covering selected political events and issues.

 

Ammiano says support is growing for TRUST Act

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Assemblymember Tom Ammiano says that statewide support is building for AB 1081 (the TRUST Act), which would give local governments the right to opt-out of the controversial Secure Communities program.

As the Guardian previously reported, ten months after ICE’s controversial S-Comm program was activated in San Francisco, our “sanctuary city” ranks among the top 38 counties nationwide deporting “non-criminal aliens.”

“Unlikely allies are lining up behind this bill because ICE misled the public about S-Comm, whose real focus is more spin than safety,” Ammiano said in a press release today. “In fact, seven in ten Californians deported under S-Comm had committed no crime or were picked up for minor offenses like traffic violations. The program is ruining trust between immigrant communities and the police. But here in California, we can do better. This bill is a practical solution that lets local governments have a say and restores some balance to this dysfunctional system.”

Joining Ammiano as co-sponsors of the TRUST (Transparency and Responsibility Using State Tools) Act are Assemblymembers Gil Cedillo and Bill Monning and Sen. Leland Yee. And the act, which is billed as a pro-safety and pro-transparency proposal, already has the support of over 50 organizations and a slew of elected local officials.

These officials include San Francisco Sheriff Mike Hennessey who blew the whistle on the program last May, when federal authorities privately told local law enforcement agencies that S-Comm was going live in San Francisco in June 2010. At the time, there had been no public hearings on the proposed program, which links fingerprints taken when folks are booked at county jails with federal and international databases—in other words, before folks charged with crimes have had their day in court.

A press release from Ammiano’ s office states that S-Comm’s “misleading focus, over-broad reach and lack of transparency” has eroded trust between police and immigrant communities and sparked considerable open government concerns —problems the TRUST Act aims to fix.

In addition to allowing municipalities to opt-out, the TRUST Act would also sets basic safeguards for local governments that participate in the program to guard against racial profiling, protect the rights of children and domestic violence survivors. And it would uphold the right to a day in court by only reporting for deportation individuals convicted, not merely accused, of crimes. 

“Under S-Comm, a desperate call for help can quickly turn into a nightmare situation for victims of domestic violence,” said Tara Shabazz, Executive Director of the California Partnership to End Domestic Violence. “We’ve seen victims of abuse reported for deportation from San Francisco to Lodi, California. This bill will protect abuse victims and remove an important barrier to reaching out for help, and we are proud to support it.”

Ammiano’s office says that these serious public safety and civil liberties concerns have pushed local governments to seek a way out of the program, imposed on communities with no transparency or opportunity for local oversight. They note that the Santa Clara Board of Supervisors unanimously requested to opt out of S-Comm program in September 2010, but after months of confusion, ICE refused to honor the county’s request.

“The Federal Government forced this program on my jail without my consent,” SF Sheriff Michael Hennessey said. “By allowing local governments to opt out of this flawed program, AB 1081 will help law enforcement win back some trust with immigrant communities. That, in turn, will help improve public safety for everyone.” 

 “The TRUST Act raises this unregulated and inaccurate program to California’s standards and ensures transparency and accountability through clear data reporting requirements for local jurisdictions opting to participate in S-Comm,” said Chris Newman, National Day Laborer Organizing Network’s legal director.
 AB 1081 will be heard in the Assembly Committee on Public Safety on Tuesday, April 26 at 9 a.m. in State Capitol Room 126.

Conning immigrants

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By Lauren Rosenfeld

news@sfbg.com

To many of his clients, former immigration attorney Martin Guajardo seemed capable of performing miracles. He claimed to have unique access to judges and immigration officials. He wore slick Italian suits and drove a Rolls Royce. When other attorneys couldn’t help Victor Jimenez, a Mexican waiter from San Mateo, Guajardo promised to save him from deportation for a $15,000 fee.

Jimenez figured that since Guajardo charged high fees and had won tough cases in the past, he must be worth the money.

But Jimenez did not know that Guajardo had been charging clients six to nine times the market rate for services he allegedly failed to deliver. And when Guajardo was forced to resign from the California State Bar two years ago, he illegally continued to advise clients, according to documents filed in a civil lawsuit by the San Francisco City Attorney’s Office.

"The purpose of this case is to put a stop to one of the largest immigration frauds in the Bay Area," said Deputy City Attorney Josh White.

In November, the city filed suit to stop Guajardo from practicing law, seek civil penalties, and demand repayment of unearned fees. It targets the last two years of a three-decade career — after Guajardo resigned from the State Bar of California with disciplinary charges pending. The suit alleges that Guajardo practiced law after his effective disbarment and failed to notify clients he was no longer a lawyer. Additional defendants in the case include the law firm Immigration Practice Group and Christopher Stender, a San Diego attorney who allegedly covered for Guajardo.

Immigration Practice Group closed its doors in San Francisco soon after the city filed the case, and Guajardo vanished as well. He has not responded to the charges filed against him and no one, including Stender, claims to know where he is. Stender declined requests for comment, but in a February declaration for the case, he stated he was unaware of Guajardo’s whereabouts.

In December, Orrick, Herrington and Sutcliffe, a private firm that filed a class action lawsuit in conjunction with the city’s case, organized a free legal clinic for Guajardo’s former clients. "The line was out the door and around the block," Orrick attorney Mike Aparicio said. "There were hundreds of people."

When the city began an in-depth probe into immigration fraud in San Francisco two years ago, Guajardo soon dominated the investigation. It is usually difficult to build solid fraud cases because victims are often afraid to come forward, and the state bar couldn’t do anything more about Guajardo because he is not a member. But the City Attorney’s Office had the resources and the will to pursue the case.

"We built a network of contacts — nonprofits, academics, private attorneys," White said. "Virtually 100 percent of them had known Guajardo was continuing to practice without a license."

Nora Privitera is a staff attorney at the Immigrant Legal Resource Center and an expert witness in immigration fraud trials. She said Guajardo made a powerful impression on people and gave them false hope.

"When people are desperate, they suspend disbelief," Privitera said. "Hope is like a drug."

Jimenez and his partner, Macrina Mota, have lived in the United States for more than 20 years. They panicked at the thought of deportation and being separated from their six American-born children. Jimenez worked 15-hour days as a waiter to support the family and was willing to sacrifice anything to keep them together.

Guajardo secured a work permit for Jimenez and appealed his case to the Ninth Circuit Court of Appeals. While collecting additional fees over the years, Guajardo assured Jimenez that the case was in process and that the court "just takes time," according to Mota. So it was a complete shock to her when Immigration and Customs Enforcement agents came to the couple’s home, arrested Jimenez, and told Mota she had to turn herself in to immigration officials the following day. Guajardo failed to tell Jimenez he had in fact lost his case and faced immediate deportation.

"Guys like Guajardo are worse for immigrants than immigration authorities," said Angela Bean, a private immigration attorney who works with some of Guajardo’s former clients. "When he couldn’t get more blood out of the turnip, he’d let them go."

Mota and her children had trouble paying rent after Jimenez’s deportation in December 2008. They were evicted from their home and moved to a shelter for five months. The trauma devastated the couple’s oldest daughter, who attempted suicide shortly after her father’s sudden deportation.

"That was the worst nightmare my family ever lived," Mota said. "Guajardo knew we had a big family. He gives you a lot of hope, and you believe it because you have six kids. You don’t want to be torn apart."

Mota said Guajardo was a powerful presence in court and knew how to work the room, but he was sometimes more humble during private meetings at his office. As a Mexican American and the son of California farm workers, Guajardo appealed to many clients’ cultural roots. He often wore traditional guayabera-style shirts and conversed with them in Spanish.

"He had all the opportunity in the world to empathize with clients who had similar backgrounds," immigration attorney Angela Bean said. "He was in a unique position to understand their issues and fears — but instead he exploited those fears for his own economic advantage."

Bean said some of Guajardo’s clients mortgaged their homes to pay fees that reached tens of thousands of dollars. One victim was Jagdeep Singh, a convenience store cashier who lived in Contra Costa County with his U.S. citizen wife and children. Guajardo told Singh to stay in the United States and promised he would obtain a green card, according to Singh’s declaration for the case.

"Sometimes we waited three to four hours to see him," said Singh. "He didn’t seem to know the details of my case very well. He asked me to pay more money every time I came to meet with him."

Singh borrowed from relatives, spent his savings, and contributed large portions of his salary to pay Guajardo $95,000 over the course of three years. He later discovered that the best chance for his case was to voluntarily return to India.

The state bar disciplined Guajardo three times in the 1990s for taking thousands of dollars from clients while neglecting to take action in their cases. Documents filed in the lawsuit claim that he refused to refund fees for work he promised but never performed.

The class action lawsuit also alleges that Guajardo sexually coerced female clients. In the case of one woman whom Bean characterized as a domestic violence victim, he "filed frivolous petitions that had no hope of success and instead ‘engaged in a pattern of sexual misconduct with her over the course of nearly six years,’ " according to the suit, which quoted from several other lawsuits involving Guajardo.

Finally in 2007, the state bar brought multiple charges against Guajardo "alleging that he continued to charge excessive or unconscionable fees for inadequate representation," according to the city’s lawsuit.

With the threat of disbarment looming, Guajardo voluntarily resigned in 2008 — but not before changing his firm’s name from "Martin Resendez Guajardo, A Professional Corporation" to "Immigration Practice Group (IPG)" and making Christopher Stender the CEO.

But IPG and Christopher Stender were just fronts for Guajardo, who continued to run the show, the city alleges in court documents. Plaintiffs say Guajardo maintained control over their cases and never revealed that he was ineligible to practice law.

On March 18, a judge approved the city’s motion for a preliminary
injunction barring Stender and IPG from doing any legal work on
Guajardo’s behalf and requiring them to notify his clients that he’s
ineligible to practice law.

Attempts to reach Guajardo were unsuccessful, and city officials say they don’t know where he is or if he has retained an attorney. Stender’s attorney, Kristin Caverly, told the Guardian: "We are not able to provide comments to the press at this time given the ongoing litigation."

White said that an important goal of the civil suit is to get the word out to immigrants so that they look into attorneys’ backgrounds before hiring them. "If clients had gone to the state bar website," White said, "they would have seen that Guajardo resigned in April 2008."

Choose or lose

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arts@sfbg.com

FILM With its plentitude of female political stars, the Tea Party finds U.S. feminism at an interesting if inevitable developmental stage — wherein people who never would have gotten this far without liberationists’ path-clearing reject progressivism altogether. They no longer identify with a historically oppressed viewpoint, but rather from an angry, gender-neutral stance of entitlement allegedly stolen by cunning have-nots and slippery liberals.

They’ve never felt enough second-class citizenry to see gender as “the” issue. Yet right-wingers’ international panic button, “Islamic fundamentalists,” are also all about family values. Christian nations dominated world politics for so long it’s understandably hard for Westerners to grasp, let alone accept, that a different age-old faith looks set to control that discourse in our immediate future. (Buddhism, where are you? Oh yeah: busy ignoring all this.)

And the driving forces aren’t assimilationist, like those presumably nice folks whose mosque peacefully shares my Lower Polk neighborhood with a famous tranny nightclub and fire house. Rather, they are the pissed-off rank citizens, recruited by more privileged leaders to relatable activity outrage toward a deep disapproval of perceived Western moral decay. Just like Sarah Palin!

Does she see women’s issues as a significant concern? Most unlikely. She’s never been constrained by her family — more likely, as copious public exposure suggests, she’s been Santa-whipping its cadre of very stupid reindeer toward some destination, even if off a cliff (hello, Bristol, hello).

Palin would doubtless be horrified at the injustices dramatized in potent German drama When We Leave. It’s about Umay (Sibel Kekilli from 2004’s Head-On), who leaves a seriously abusive Istanbul husband with their young son Cem, seeking shelter from her Turkish family in Berlin. Initially welcoming, they grow hostile once the shame of her spousal abandonment ripples endlessly outward.

To keep Cem from being kidnapped and taken “home,” she eventually moves into a safe house. She gets a job, potential new boyfriend (the endearing Florian Lukas from 2008’s North Face), new apartment. But the pull of family is inexorable, and no location-shifting games are ultimately able to protect her.

Feo Aladag’s feature writing-directing debut goes out on a narrative limb with an improbable risk Umay takes at the two-thirds point. It strains credulity, but does heighten dramatic tension. It’s no spoiler to reveal that When We Leave‘s first moments reveal it deals with that near-unbridgeable cultural gap known as honor killings. Still, it might spoil something to say Aladag subsequently licks, seals, and otherwise pushes her emotional envelope to an excessively manipulated degree — D.W. Griffith himself might cry melodrama’s corn level exceeded.

Nonetheless, the real-world realities are more than real enough. Twenty years ago the 1991 Sally Field vehicle (imagine a world in which such things existed!) Not Without My Daughter struck many as suspect and kinda racist for dramatizing a real-life American woman’s attempt to flee her husband’s Iran with their child. Now When We Leave comes as no surprise.

Today, notions of the roles and rights of women in a just society differ painfully around the world, “developed” and otherwise. A basic tenet of U.N., E.U., and other bodies’ diplomatic interventions is that women be given equal rights — or at least legal freedom from domestic violence, rape, underage marriage, and other abuse. After so many decades of progress, it now seems the driving planetary political tide no longer pushes that-a-way.

When We Leave is a flawed drama that nonetheless underlines an increasing, confusing divide between ideological extremists “East” and “West.” How can we be on the brink of global chaos when both most-agitative sides basically agree women should be barefoot and pregnant? Excepting the exceptional women now in political power — too many are often silent, whether due to compromise or sheer denial.

WHEN WE LEAVE opens Fri/4 in Bay Area theaters.

Paul Henderson denies D.A. deal with Willie Brown

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Paul Henderson doesn’t mince words when it comes to debunking the notion that Willie Brown helped him get his new job as Mayor Ed Lee’s public policy czar. Or that his decision to drop out of the D.A.’s race was in exchange for his new job.

“There was no deal with Willie Brown. I called and said, so do I get a check in the mail, a basket of fruit?” Henderson said, recalling his furious reaction to Brown’s claim, made in the Chronicle in January, that Brown and then mayor Gavin Newsom conspired to make sure Henderson was “taken care of,” in the wake of Newsom’s shocking announcement that he had appointed San Francisco Police Chief George Gascón as D.A.

“If there was a set up for me somewhere, I still have not got it. I didn’t get shit,” Henderson, who joined the D.A.’s office in 1995 and was said to be former D.A. Kamala Harris’ preferred pick to fill the D.A. post, after she won the state Attorney General’s race, last fall.

Instead, Henderson, who filed papers to run in the D.A.’s race in November, saw his plans blown out of the water when Newsom, in his last act as mayor, appointed Gascón as Henderson’s new boss. And when Gascón filed papers in the D.A.’s race the very next day, Henderson found himself in the unenviable situation of holding an at-will position in the D.A.’s office, while running against his boss in the 2011 D.A. election.

“ If there was any deal, it was for me not to lose my job,” Henderson added.  “And it’s the best decision for me. I really do care about public service.”

During his 16 years in the D.A.’s office, Henderson established juvenile drug and community justice courts, set up domestic violence and hate crime programs, and focused on rehabilitative, reformative, treatment-oriented alternatives to imprisonment.

He said his decision to join the Mayor’s Office is based on a long relationship with Lee. “I want to have a voice in the criminal justice system, and I’ve known Ed Lee independent of all this political business,” Henderson said, recalling that he worked with Lee to develop language programs in the D.A.’s office, so employees could take lessons and better interact with community members, victims and witnesses in court.

“I’m a third generation San Francisco resident, and the first generation not to grow up in the projects, though we lived opposite them,” Henderson continued, recalling how his mother is a Public Defender, his grandmother was a community advocate, and he went to preschool in Sunnydale. Those experiences gave him a strong sense of being connected to and serving his community from an early age, Henderson said.

And he soon found himself holding the highest position, as a gay and black, in the D.A.’s office in the 1990s.‘I was the first African American the D.A.’s office had hired in five years,” Henderson said, recalling how the department looked in 1995. “And look at it now,” he added, noting that since he took over hiring at the D.A.’s office, more gays, lesbians, Asians, Latinos and other minorities have been employed.

“I’m very aware of who I am and what I represent in this office,” Henderson said. “For me, it’s about creating an open door and having a voice at the table. Ed Lee has asked if I would be the liaison between national, state and local agencies collectively in his office. And this expands my voice and creates opportunities for all in San Francisco in ways that are exciting to me.”

Henderson said his new post will have a very different focus from the role former US Attorney Kevin Ryan played, during his brief tenure in the Mayor’s Office, under Gavin Newsom.“This will be about policy development, advice and implementation, and it will be more reflective of marginalized communities,” Henderson said. “So, I don’t want these communities being misled into thinking, ‘oh, he got a hand out.’ This was not a hook-up. I earned my place here.”

“The truth is that you have access to me because I am in this position,” Henderson continued. “And I hope it’s transformative for the city and the community. Because I did not get shit. There is no Paul Henderson pay-off. I’d be happy to tell you if I’d sold out. But no. I knew Ed independently. He knows my heart, trusts my judgment and reputation. This has nothing to do with Willie, Gavin and Kamala. Unless it did, and they are all tricking me. In which case, they should at least tell me, so I can credit them. But the truth is, I’ve worked so hard, and if I’ve become ‘the Man,’ then I’m at the table for the community. I’m not the person who took a pay out, got a hook up, a cushy deal, so I will go away, to silence my voice.”

Henderson notes that he has not given up his political aspirations, despite all that went down recently. “If it’s not my time right now, I still have political credibility and a profile in the city that isn’t going away “ he said, noting that he raised $65,000 in 28 days, just before Christmas, with no staff, immediately after a statewide election. “That speaks to how much support I have. Obviously I was disappointed that I wasn’t appointed D.A. But I’m not dead, and I’m trying to move in a direction that expands my voice.”

Henderson says his new role won’t change him and he’ll remain accessible to gay, black, Chinese, Samoan, immigrant, low-income, Latino and other marginalized communities.“I have a lens that most city leaders don’t have,” he said, noting that he was homeless and slept in his car when he was going to law school. “Ad now I can affect policy. Many folks feel the criminal justice system happens to you, and over 80 percent of victims are people of color and poor people. But who speaks for and represents them?”

Rate irate

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arts@sfbg.com

YEAR IN FILM “Bloody bugger to you, you … beastly bastard. Shit. Shit shit shit shit shit shit shit shit. F-fornication. Fuck. Fuck fuck fuck fuck and fuck. Fuck, fuck, and bugger. Bugger, bugger, buggety buggety buggety fuck. Fuck ass. Balls! Balls! Fuckety shit. Shit, fuck and willy. Willy, shit and fuck, and … tits.”

The above is, in toto, the reason why The King’s Speech — a movie that might very well turn out Oscar’s idea of this year’s Best Picture next February — is rated R. This childish explosion of potty-mouth is coaxed from England’s future king (Colin Firth) by his speech therapist (Geoffrey Rush) to demonstrate that the former’s crippling stammer flies away whenever he’s unself-consciousness enough to cuss a bit. It’s a comic moment (one of few, and perhaps the film’s highlight in general) that, by reducing the words to sniggering playground naughtiness — this king is, after all, in a state of arrested development — robs them of any genuine scatology or shock value. They’re just words.

But those words (give or take a few fucks and shits — only the MPAA can or would bother to count every rapid-fire cuss) were still enough to get this otherwise very chaste, polite Masterpiece Theatre exercise classified with Saw 3D and The Human Centipede as viewable by minors only with parental accompaniment. Not that many teens are likely to be lining up for The King’s Speech — certainly far fewer than saw Saw 3D with or without adult chaperoning. But really, this is what they need protecting from?

This was a year in which the usual grousing undercurrent about arbitrary ratings-board standards started to seep overground. There were small hubbubs about two excellent documentaries, The Tillman Story and A Film Unfinished, getting R’s due to cursing on one hand and nudity (among Nazi concentration camp inmates) on the other. In both cases prudishness means these searing indictments of historical wrongs probably can’t be used for classroom educational purposes.

A larger controversy surrounded Blue Valentine, the acclaimed indie feature slapped with an NC-17 for a sex scene so subversive that no one who saw the film at Sundance could recall it; the MPAA rating mystified many. Turns out the scene in question is a happy flashback in this slow-agonizing-death-of-a marriage portrait, with Michelle Williams’ thrusty body language expressing clear enjoyment of Ryan Gosling’s mouthy activities downtown. Nonetheless, there’s nothing more explicit displayed than the outside of her thighs — as one colleague put it, “I’ve seen more of Britney Spears on the Internet.” The drama’s sobriety and its awards momentum finally won a rare MPAA reversal on appeal, reducing its rating to R.

But the case still underlines the injustice of our current system. As Kirby Dick’s This Film Is Not Yet Rated pointed out in 2006, as a tool of the Hollywood mainstream the MPAA routinely judges independent films more harshly than major studio releases. It also exercises double standards when it comes to gender nudity and gender-preference sexuality, and most crucially continues to heighten the American morality gap between depictions of sex and violence.

These complaints have prompted some vague hints of change afoot, albeit more toward hitting torture-porn horror harder than lightening up on the birds ‘n’ bees. In any case, it’s difficult to be very hopeful: for every progressive cultural step forward these days, there seem to be two Tea Party dance-steps back. It was announced earlier this month that Christian pastor and cable honcho Robert H. Schuller had contracted to broadcast G-rated versions of movies like the original Alien (1979) and Predator (1987). OK, so they’ll have bad language and explicit violence removed; but even these eviscerated edits will still offer entertainment predicated on the horrific (if now nongraphically suggested) murders of humans by icky monsters. Giving kids nightmares is more godly (and provides a more “positive message,” per the Rev. Schuller) than showing them (God forbid) a nipple.

Such hypocrisies run rampant in U.S. entertainment and society in general. Media outlets generally refuse to advertise NC-17 films, giving them and their modicum of sexual explicitness the commercial kiss of death while most kids freely access porn online. Screen violence grows ever more desensitizing; explosions of cars, buildings, entire cities, or planets are viewed as harmless while anything truly unpleasant enough to act as a deterrent sparks outrage. (By now the escapist Saw and Hostel movies get shrugged at, whereas the recent Killer Inside Me remake offended many because its protracted scenes of domestic violence were realistically painful to watch.)

Penises are now OK in small doses, albeit only in the clownish contexts of Forgetting Sarah Marshall (2008), Observe and Report (2009), etc. Ironically, any time sex is taken seriously, sans juvenile humor or lurid “erotic-thriller” type judgment, it becomes unfit for allegedly innocent eyes. Blue Valentine‘s good sex, and subsequent bad breakup sex, disturbs the MPAA because it is all too real-world relatable in both its pleasure and fallibility, something you won’t often find in porn, either.

The logic gap grows ever more ridiculous even as our culture wars’ battle lines harden. Imagine a Palin White House two years hence, presiding over a land in which sex education is nonexistent, abstinence clubs are the new Honor Society, and teenage pregnancy rates skyrocket. When in doubt as to the nation’s course, say grace, then settle down to dinner with the kids as you watch a “clean” tube edit of something like 1995’s Braveheart, its medieval spears through the chest trimmed but that humorous throwing of a prince’s homosexual BFF from the castle tower left intact. Then drift off to slumberland, family values affirmed.

Alerts

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WEDNESDAY, SEPT. 22

District 10 candidate forum


With all the candidates running for supervisor in District 10, it’s difficult to decide whom to vote for in the upcoming election. Hear from candidates for D10 supe at this forum hosted by the League of Women Voters, Potrero Hill Association of Merchants and Businesses, Potrero Boosters, Dogpatch Neighborhood Association, and UCSF.

6 p.m., free

Genentech Auditorium

UCSF Mission Bay

1675 Owens, SF

www.lwvsf.org

Inside Pakistan and Palestine


Listen to viewpoints from humanitarian workers who have spent time in Pakistan or Palestine at this benefit featuring authors Sadia Ashraf and Ethan Casey, Comprehensive Disaster Response Services (CDRS) Executive Director Todd Shea, and grassroots human rights organizer Kathy Sheetz. Proceeds benefit SHINE/CDRS, who provide medical supplies, food, water, and volunteers in Pakistan’s flood-affected areas.

7:15 p.m., $5–$10 sliding scale

Starr King Room

First Unitarian Universalist Church and Center

1187 Franklin, SF

(415) 355-0300

SATURDAY, SEPT. 25

California Coastal Cleanup Day


Lend a hand to help clean up our beaches and shorelines and raise awareness about the importance of coastal environmental stewardship at one of the 800 clean-up site locations. Make Cleanup Day greener by taking public transportation and bringing a bucket or reusable bag, lightweight gardening gloves, and a reusable water bottle.

9 a.m.–noon, free

Various locations, contact for details

1-800-COAST-4U

www.coast4u.org

Reset San Francisco


Learn more about the new online community, Reset San Francisco, which aims to bring San Franciscans together to share ideas and solutions on ways to make the city work better for everyone. Find out how you can weigh in on the budget crisis, Muni reform, public schools, taxes, and more of the issues that contribute to the quality of life in the city.

10 a.m., free

Dianne Feinstein Elementary School

2550 25th Ave., SF

www.resetsanfrancisco.org

Tenderloin Community Health and Safety Fair


Find out about community resources in the Tenderloin at this family fair featuring live music, free health care for teens, free dental screenings for children, flu shots, mental health screenings, parent support and domestic violence services, information about the new Safe Passage program, tenant and immigration rights, legal services, and more. Interpreters available in Chinese, Vietnamese, Spanish, Thai, Arabic, Lao, and Russian.

11 a.m.–3 p.m., free

Tenderloin’s Children’s Playground

570 Ellis, SF

(415) 592-2714

SUNDAY, SEPT. 26

Lymewalk


Wear lime green, bring signs, balloons, and pets and join in this walk around Civic Center to help raise awareness for Lyme disease and funds for the California Lyme Disease Association (CALDA). Following the walk, attend a slideshow and discussion on the spread of Lyme disease by ticks and how to protect yourself and your pet.

1 p.m., free

Meet at Larkin at Fulton in front of Main Library, SF

www.lymedisease.org
Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 437-3658; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

Alerts

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alert@sfbg.com

THURSDAY, AUG. 19

 

Celebrating Young Activists

Mingle with environmental activists and community group members of all ages at the networking event Celebrating Young Activists: Building a Green Movement and Changing the World. The event features talks by inspirational young leaders, winners of the Brower Youth Awards, environmental and social justice organization information tables, and live jazz.

6:30 p.m., $10–$20

Richard and Rhoda Goldman Theater

David Brower Center

2150 Allston, Berk.

(510) 859-9100

SATURDAY, AUG. 21

 

Shoot Hoops, Not Guns

Commemorate the 25th birthday of Elliot Jemar Noble, who was killed by an Oakland police officer in 2005, at this combination march, basketball tournament, and gospel concert. The event is a benefit for the Elliot J. Noble Multiservice Family Organization, a nonprofit that provides support for families affected by violence. The parade begins at 10 a.m. at Eldridge and Darien streets, progresses to a 1 p.m. basketball tournament where players assume the names of slain or incarcerated loved ones, and ends with a gospel concert at 6 p.m.

10 a.m., $5–$10 for the concert

Ira Jinkins Recreation Center

9175 Ededs, Oakl.

(510) 895-5234

SUNDAY, AUG. 22

 

Tour Alameda Naval Air Station

Find out more about Alameda’s Naval Air Station, which closed in 1997 and remains the subject of much controversy and public debate over what to do with this prime piece of real estate. This guided tour combines a two-hour bus tour followed by a self-guided walking tour of the businesses engaged in adaptive reuse of the buildings. Reservations required.

1 p.m., 3 p.m.; $10

Meet in front of Alameda Naval Air Museum

2151 Ferry Point Road, Alameda

(510) 479-6489

 

Mobilization for Climate Justice

Get involved in the effort to stand up to big oil companies by attending this public action planning meeting for an Aug. 30 march and protest on the five-year anniversary of Hurricane Katrina. The protests will target the offices of BP and Chevron for their roles in environmental and community destruction in the gulf, the Bay Area, and around the world.

Noon, free

Mission Cultural Center

2868 Mission, SF

www.actforclimatejustice.org/west

 

Nuevos Horizontes

Attend a benefit dinner and show for Nuevos Horizontes, a domestic violence shelter in Guatemala that provides long-term housing, psychological counseling, legal advice, job training, and health care for women and children. There will be vegan and vegetarian options for dinner, bands, and speakers.

6 p.m., $8–$10

Call (510) 878-8879 or e-mail bigcavecomix@live.com for Oakland location

www.ahnh.org

 

Street Food Conference

Following the San Francisco Street Food Fest, attend this conference dedicated to the exploration of food, policy and economics. Participants will engage in discussions about the creation of viable economic models that allow small-scale food entrepreneurs to bring the foods they love to the cities in which they live.

Sat. Noon-5pm, Sun. 9 a.m.–3:30 p.m., $20–$50

Hotel Vitale

8 Mission, SF

sfstreetfoodconference.eventbrite.com

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 437-3658; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

 

Frameline34: Local drama “The Stranger in Us”

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Local filmmaker Scott Boswell may not have set out to make the film he ended up with, but he stands behind the finished product. The Stranger In Us stars ShortbusRaphael Barker as Anthony, a young man who moves from Virginia to San Francisco in order to live with his boyfriend Stephen (Scott Cox). When the relationship turns violent, Anthony finds solace in his friendship with Gavin (Adam Perez), an underage street huster. I spoke to Boswell and Barker about the film’s origins, its unique content, and what this year’s San Francisco International LGBT Film Festival says about the future of queer cinema.

San Francisco Bay Guardian: What was your inspiration for The Stranger In Us? Where did the story come from?

Scott Boswell: Ultimately the story ended up being fairly autobiographical. But it started in a different place. Originally — and Raphael knows this because we talked about it — originally, I had intended to do a much more experimental film, kind of a hybrid documentary-narrative, because of my fascination with the Polk Street, Tenderloin area, which I’ve always had since I moved here in the mid ‘90s. I had considered doing a bit of a portrait of the neighborhood, and kind of infusing actors into it, just shooting a lot of footage and seeing what we came up with. There’s a part of me that wishes I had still done that, but in all honesty, I can say that after Raphael expressed some interest in the project, I suddenly felt like it needed to be more narrative in its scope. He didn’t suggest that. It was just my intuition around the project. So I had been talking to him about doing it for months, without even having a complete script, and continued writing it and auditioning actors. Eventually it became much more traditional in terms of its narrative. It became what it is now.

SFBG: And Raphael, what brought you onto the project?

Raphael Barker: Scott. There wasn’t really a finished script and a lot of it was sort of up in the air, but I was just really comfortable with the process and how it evolved, because it was Scott. He and I just hit it off really well.

SFBG: Did you collaborate at all in terms of creating the character of Anthony or writing the script?

SB: Not so much on the script. I run a screenwriting group, here in the city. It’s a small group and we meet a couple times a month, and they had the most impact on the final script. However, there are quite a few places in the script where it suddenly says, “We’re gonna improv here.” And there are definitely scenes where the actors brought the dialog to the scene. Quite a few, actually, especially between his character and Gavin, the street kid. Largely because they had such wonderful chemistry, and I felt like I could trust them to pull it off.

SFBG: Raphael, can you talk about how the improv process was, as an actor?

RB: Scott would set up the scene and then let us go, and just see what happens. And then would make comments as necessary and readjustments. But I felt very free to just let the scene kind of take over and do its thing. I think Scott and I are just both very instinctual. Like, “That’s not how I planned it, but I kind of like it that way. Let’s play with that.” I think especially when you’re talking about Gavin, there was something almost unwritten about our relationship that was allowed to evolve through improv.

SB: Right, because there’s a piece that’s semi-autobiographical that has a place in history, and then there’s the piece that — I feel like Gavin’s character brings a newness, a sort of unfinished, still to be defined ending. There was something about the energy that really brought novelty to the script.

SFBG: You said originally you wanted to showcase this particular neighborhood in your film, and then it became more of a narrative. But it’s still a very San Francisco film. How did you go about capturing that?

SB: The main thing was choosing that location as his studio that he moves into after leaving Stephen, which actually wasn’t true to my experience. However, the person on which Stephen is most based actually lives there, so I kind of flipped it. And the character on whom Gavin is based actually hung out in the Castro, not the Tenderloin. So I flipped those around, and then because the character is so stuck and lost and wandering, he was able to go out into the street and that became the portrait of the neighborhood right there. We had spent a lot of time trying to work out just how we were going to portray that, and ultimately he’s always in the space. I actually did go out and shoot footage of the neighborhood without Raphael, and none of that is in the film.

SFBG: Anthony moves to San Francisco from Virginia, so he’s experiencing the city from an outsider’s perspective. Why did you decide to write him that way? And Raphael, how did that affect your performance?

SB: I think it’s a very common experience in San Francisco. It seems like the majority of people I meet here have migrated from somewhere else. And I think especially for gay men, when we arrive here, we don’t always quite find what we’re expecting, and especially for queer youth, which is an idea that Gavin embodies. I’m very interested in that sort of push-pull between the desire to be in the city of San Francisco and the challenges that you can face when you arrive. So I was interested in exploring that experience, and I’ve found subsequently that quite a few people — they’re almost always gay men — have come to me and said that they relate to that experience. Different generations of men, and different decades of coming here. It seems to be a continuing phenomenon in a way. In that sense, I think it’s very much a San Francisco story, even though it could probably happen in just about any urban area, especially when someone who doesn’t have experience in an urban environment suddenly arrives and is just thrown into it.

RB: I experienced something very similar coming out here to chase after someone I was pretty in love with, and then being dumped like a week and a half after moving here. And just feeling like I didn’t have that orientation anymore, and everything in the city was associated with this person. I’m sure I’ve one of millions of stories of people — with San Francisco being a kind of pilgrimage, then as soon as we get here we complain about it. But we wouldn’t want to be anywhere else, so there’s kind of that love-hate relationship with it. So I could definitely relate to coming out here to be with someone and having all that kind of expectation and hope, and then me kind of losing that central focus and orientation and realizing, “Now what?” I think that’s a theme that’s not just gay or even queer, but it seems like anyone I talk to who comes from a different place has that similar experience. They knew they needed to be out of wherever they were at, but they weren’t sure what they were exactly coming into.

SFBG: The film also deals with an abusive relationship, which is something we don’t see a lot of in queer cinema. I was wondering why you think that is, and also why you wanted to include it in your movie?

SB: I don’t know why it is, but because it is [not often seen] is one of the main reasons I wanted to include it. Hustlers and street kids appear in a lot of gay cinema  — and just to go down that tangent for a second — which is why I chose to not make that character the protagonist but a supporting role. In terms of same sex domestic violence, it is an issue that permeates probably just about any community, but I have seen and heard very little about it among same sex couples. There are some things, some things written and there’s an organization in San Francisco called Community United Against Violence that works to combat and end violence. So there are resources out there, but I wanted to explore it because it’s an issue that’s personal for me, on several levels. It’s something that I’ve experienced and it’s also something that I just personally have always cared about. I volunteered to do work at battered women’s shelters in the past—this was actually in Madison, Wisconsin, long before I’d ever had any kind of experience with it. What I find really interesting is the degree to which people don’t really understand it. No one thinks they’re going to enter a relationship like that. I certainly didn’t think so. I thought I understood it.

RB: Much less something that’s so countercultural in some sense.

SB: Yes, exactly.

RB: Like, “Oh, if I can requite this kind of relationship, that’s kind of the end game.”

SB: The thing is you don’t necessarily recognize it when you’re there. People always say, many people say and have said about this film, “Why does he stay? Why doesn’t he leave?” It’s interesting that people continue to not understand that issue, because it’s clearly a very common human experience. So I guess in a sense, that question to me opens up a dialog on the issue that I find very important. I’ve been asked that a lot from people, and so far, that’s only come from the very limited number of people who have seen [the film].

SFBG: Well, without sounding like I’m trying to justify the abuse at all, these characters are complex enough that you get a sense of why they’re together. You can see how they got to that point. How did you go about creating that, and making sure they weren’t too clear cut or one-dimensional?

RB: I think to show just how much we loved each other is one way to do it.

SB: Yeah, that was important. I approached this very much as a character piece. I mean, that’s what interests me as a filmmaker and as a writer. In terms of the kind of genres I might be able to work in, I think it’s an area I probably have more of a knack for. But I think it’s true for any genre you’re working in, you have to rewrite. You have to be able to get down the ideas and the scenes on paper, and then take a look at them and be open to feedback. And assessing where it is that they’re black-and-white or flat and one-dimensional, and trying to create scenes that are more organic and layered. So that’s what we did. Once I knew what the story was, it still took me a good nine months to write the thing before we started shooting.

SFBG: One last, much broader question. How have you seen queer cinema change over the years, and what is the direction that you see it taking?

SB: In just the past few days, in the films that I’ve seen at Frameline this year, I’m very excited. I think queer cinema has gotten better and better. I have reaffirmed my understanding of the necessity of LGBT festivals, because it has definitely gone through phases. There was kind of an indie new queer cinema in the early ‘90s, when Gus Van Sant was coming on the scene, and Gregg Arraki and Todd Haynes. Then in the later ‘90s and maybe early 2000s, it kind of evolved into a lighter, more mainstream cinema, which I actually don’t relate to as much. But the best of them are actually quite good. What I’ve seen more recently, and I hope our film falls into that, is really kind of the ability to look more closely at ourselves and tell our own stories without any kind of concern about the broader mainstream appeal. I know that those kinds of films still exist. I think that independent cinema has gotten to a place where it’s not just simply seeing ourselves portrayed on screen anymore, but it has to be good cinema now.

RB: I saw a lot of films at the Frameline festival two or three years ago when the documentary about the making of Shortbus came out, and it just made me realize that the quality — instead of it being a kind of niche genre, I don’t want to say the opposite of what you’re saying, but I almost see Frameline as becoming redundant, because the films are good enough to stand on their own. They don’t have to be a genre film or a niche or a sexuality genre film. We have to keep working and working toward the specific, and then eventually the specific becomes universal. And I think that’s the beauty of the films that are starting to come out. In the Frameline context, it’s going to actually make it almost redundant because they’re just going to be good films, period. That’s what excites me, because everyone’s experience is so unique. And sure, we’re working within paradigms and categories, but I think it’s just getting better.

SB: It’s interesting looking at where these films fit in in terms of festivals and markets and things like that. I guess what I was trying to say is that I feel like Frameline still needs to be around in order for these films to get shown, because they’re not all going to fit into SF International, they’re not all going to fit into all of the big festivals. The sort of bigger queer films coming out may not need Frameline. There have been a quite a few in recent years: Bad Education, Mysterious Skin, Capote. They’re playing at the bigger festivals or getting distribution without festivals. There is sort of a distinction there. But when I see something like I Killed My Mother, which just kind of knocked me on my ass because I thought it was so brilliant, I don’t know where else I would have seen it.

THE STRANGER IN US

Wed/23, 6:45 p.m., Roxie

Fri/25, 11 a.m., Castro

www.frameline.org

 

Sheriff: ICE referrals will leap from 2,000 to 40,000

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There was a strong showing of supervisors, activists and community members at today’s rally to urge San Francisco to opt out of the Secure Communities Initiative, an automated fingerprint screening system that U.S. Immigration and Customs Enforcement (ICE) plans to switch on, in San Francisco on June 1—just two weeks ago.

The program links local law enforcement agencies to the Department of Homeland Security’s biometric system through interoperability agreements with each state. Scott Lorigan in the California Department of Justice’s Bureau of Criminal Identification and Information reportedly signed such an agreement with John P. Torres, acting assistant Secretary of ICE, over a year ago, on April 10, 2009. And according to ICE, As April 2010, biometric identification has been activated in 169 jurisdictions in 20 states:

In California, the system has already been activated in Alameda, Contra Costa, Fresno, Imperial, Los Angeles, Monterey, Orange, Sacramento, San Bernadino, San Diego, San Joaquin, San Luis Obispo, Santa Barbara, Solano, Sonoma, Stanislaus, and Ventura.But as speakers pointed out at today’s rally, the supervisors and the communities they represent would not have even known that this system was about to go live in San Francisco, had it not been for San Francisco Sheriff Mike Hennessey, who spoke out after ICE informed local law enforcement agencies about the program three weeks ago.

Eric Quezada of Mission-based Dolores Street Community Services kicked off the rally with a rousing speech in which he warned that this “draconian Policy” was happening in the “shadow of Arizona.

Sup. Eric Mar warned that ICE’s proposed program will not make communities more safe.
”It was developed in the dead of night,” Mar said. “The police-ICE entanglement will hurt our communities and tear families apart.”

The Bush administration introduced the Secure Communities Initiative in March 2008. But as Mar observed, it is now being expanded under President Obama.“Many people accused of minor crimes will see families torn apart,” Mar said, citing statistics to show that  “90 percent of those IDed have been arrested for minor, less severe crimes.

“The shadow of Arizona is starting to cover other cities,” Mar continued. “We can’t let Arizona come to SF.”

Sheriff Hennessey told the crowd that he had written to California Attorney General Jerry Brown asking for his assistance in opting San Francisco out of the ICE program.“The Sheriff already has the authority to report foreign born folks charged with serious  felonies,” Hennessey explained.

In a May 18 letter to AG Jerry Brown, Hennessey wrote that he believed that Brown’s agency “has the technological capability to isolate by agency the information linked to ICE.”

““I ask that you isolate transactions from the San Francisco Sheriff’s Department because Secure Communities conflicts with local laws,” the Sheriff continued. “My department already has a system in place that reports individuals to ICE and I do not wish it to be replaced by Secure Communities.”

Hennessey also expressed concern about the unintended consequences of ICE technology interfacing with that of the Department of Justice’s fingerprint database, which also holds fingerprints collected for non-criminal justice purposes such as employment applications. And he warned that the number of ICE referrals could explode under the new system.
Under this system, we’ll be fingerprinting 35,000-40,000 persons annually, “ Hennessey said. “I think that’s excessive.”

Currently the Sheriff’s Dept. reports foreign-born individuals arrested on a felony crime or found during the booking process to have a felony of a previous ICE contact in their criminal histories.

‘Since 2007, the department has delivered more than 3,100 individuals to ICE, and has reported at least twice that number,” Hennessey wrote. “I would like to keep system that way.”

At the rally, Hennessey warned that the new system will widen excessively to include folks who were charged with misdemeanors, infractions and traffic violations, but failed to show up in court.

“ICE has a record of secrecy. They won’t tell me what happened to folks they picked up, they won’t say if they are still in custody, been released or deported,” Hennessey said.

Sup. John Avalos said the Secure Communities Initiative is yet another example of why the nation needs comprehensive immigration reform.
“I don’t know if we have the ability to opt out, there are a lot of obstacles in our oath, right now.”

But he warned that the nation is passing laws that “stand at odds” with the U.S. Constitution and the Bill of Rights “And we have rogue departments in the Obama administration, “ Avalos added. “ I consider ICE a rogue department. “
 
Rev. Phillip Lawson, a retired Methodist minister said he wanted to stand in solidarity with “resident aliens”.
“As black people, we know what it’s like to be aliens in our own land. And this enlarges the net of ICE. We will soon not be able to tell any difference between the police and ICE. And no one will trust the police.”

“I give thanks to the courage of folks here for instituting this attempt to say, no we will not cooperate…And we can also resist the law.”

Sup. David Campos, who provided much leadership in the last two years around the city’s sanctuary legislation, thanked Hennessey for blowing the whistle.

“None of us would have known this was happening,” Campos said. “This is the time for all San Francisco’s elected officials to stand up in support of the principles that led us to establish a sanctuary city. It’s not just the Board, but also the mayor who needs to step up and say that what just happened is not acceptable. This program eviscerates sanctuary city.”

Campos warned that the community has already lost trust in the local police, over the last two years, thanks to the city’s policy of referring juveniles to ICE when they are booked.

“If we cooperate [with SCI] that lack of trust will intensify,” he warned. “I applaud the sheriff, but we also need the police department to come forward.”

Campos laid the blame at Obama’s door.
“This is a Democratic president, who was elected with the support of the Latino and the immigrant community, but is engaging in practices worse than any other president.”

Tim Paulson, executive director of the Labor Council spoke on behalf of 150 unions in town. “Our work is dependent on the immigrant community,” He said. “Secure Communities is absolutely divisive and unconstructive. It pits worker against worker, families against families.”

Heidi Li of Asian Pacific Islander Legal Outreach warned that victims of domestic violence, trafficking and elder abuse would be at risk from ICE’s program.

“It will result in a situation where folks who need trust and assurance the most, will not feel safe and will no longer report to the police when they are the victims of abuse,” Li said.

At rally’s end, Hennessey told the Guardian, “The basis of Sanctuary city is to protect immigrants who are not doing anything wrong or serious. When ICE grabs someone who failed to pay a traffic ticket, and that person is supporting a family, I don’t think those crimes should rise to the level of deportation.”

Warning folks that folks did not know that SCI had been activated in Alameda and Contra Costa counties, Hennessey said all he can do is “raise the issue” of opting out. 

Sup. Mar told the Guardian that the request to opt out is a “unique and creative tactic.”

“We have the strong legal backing from organizations around the country, but SFPD Chief George Gascon doesn’t seem convinced,” Mar observed

Christine Gasparac, Attorney General Jerry Brown’s press secretary told the Guardian that they received Hennessey’s May 18 letter requesting to opt out and are reviewing it.

“To clarify, the California Department of Justice manages the statewide database of fingerprints that are essential to solving crimes, but we have no direct role in enforcing federal immigration laws,” Gasparac said. “We were informed by ICE yesterday that they will work with counties to opt out of their program. Because that is a process directly between the county and ICE, we are advising local authorities who want to opt out to contact ICE directly.

Virginia Kice, ICE’s Western Regional Communications Director said, “under Secure Communities jurisdictions can choose not to receive the immigration-related information on individuals who are fingerprinted, but that information will still be provided to ICE.

As April 2010, biometric identification has been activated in 169 jurisdictions in 20 states. Since it’s unclear, which communities know about the program, the Guardian is posting the list here:

In Arizona:  Cochise, Maricopa, Pima, Pinal, Santa Cruz, Yavapai and Yuma

In California Alameda, Contra Costa, Fresno, Imperial, Los Angeles, Monterey, Orange, Sacramento, San Bernadino, San Diego, San Joaquin, San Luis Obispo, Santa Barbara, Solano, Sonoma, Stanislaus, and Ventura

In Delaware: Kent, New Castle and Sussex

In Florida: Brevard, Browar, Charlotte, Clay, Collier, Duval, Escambia, Highlands, Hillsborough, Lake, Leon, Manatee, Marion,Miami Dade, Monroe, Orange, Osceola, Palm Beach, Pinellas, Polk
Sarasota, St. Johns, St. Lucie, Volusia

In Georgia: Clayton, DeKalb and Gwinnett

In Hawaii: Oahu

In Illinois: DuPage, Kane, Lake, Madison, McHenry, St. Clair, Will and Winnebago

In Lousiana: Jefferson Parrish

In Maryland: Frederick, Prince George’s, Queen Anne’s and St. Mary’s.

In Massachusetts: Suffolk

In Michigan: Wayne

In North Carolina: Brunswic, Buncombe, Cabarrus, Catawba, Columbus , Cumberland, Dare , Duplin, Durham, Gaston, Halifax, Harnett, Henderson, Jackson, Lee, Mecklenburg, New Hanover,
Orange, Transylvania, Union and Wake.

In New Mexico: Bernalillo, Dona Ana, Grant, Hidalgo, LunaOhio, Cuyahoga and Franklin

In Oklahoma: Oklahoma, TulsaOregon and Clackamas

In Pennsylvania: Bucks, Montgomery and Philadelphia

In Utah: Box Elder, Davis, Salt Lake, Utah and Weber

In Virginia: Alexandria City, Arlington, Fairfax, Fauquier, Henrico, Loudoun, Norfolk City, Prince William, Rappahannock. Richmond City and Virginia Beach City

In Texas: Bexar, Brazoria, Brewster, Brooks, Collin, Culberson, Dallas Dallas County Jail, Dallas Farmers Branch PD, Dallas Irving PD, Dallas and Collin Richardson PD, Dallas and Kaufman Mesquite PD, Dallas, Collin, Denton Carrollton PD, Denton, Dimmit, El Paso, Fort Bend, Galveston
Grayson, Harris, Hidalgo, Hudspeth, Hunt, Jeff Davis, Jefferson, Jim Wells, Johnson, Kaufman, Kenedy, Kinney, Kleberg, Maverick, McLennan, Montgomery, Nueces, Pecos, Presidio, Real, Starr, Tarrant, TDCJ, Terrell, Travis, Uvalde, Val Verde, Webb, Willacy, Williamson, Zapata and Zavala.

Fiona Ma’s cash machine

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Why does Assembly member Fiona Ma take on odd causes like ending rent control for trailer parks?


Maybe it’s because almost 90 percent of the money she raises comes from outside her district. From the Chron today:


But San Francisco’s Fiona Ma, who was elected in 2006 and quickly rose to power within the Democratic Caucus, took the top spot when it came to sheer cash collected out of district: $1.68 million. Ma, now speaker pro tempore, raised more campaign cash from outside her district than either of the leaders of both houses. Her outside contributions made up 88 percent of the money she raised, placing her 29th in funds raised outside the district. Ma attributed the prolific fundraising to her involvement in statewide issues, such as high-speed rail, agriculture and domestic violence, that take her on the road. She said that as a member of the Assembly’s Democratic leadership – and someone from a safe Democratic district – she funnels a lot of money to other candidates. But she said the interests of her San Francisco constituents are well served because her high profile helps her promote those interests.


Hot sex events: April 7-13

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Dear Good Vibrations,

Please stop putting on such awesome classes, you’re making me look like I don’t have anything else to write about for sex events.

Thanks,

Caitlin

Just kidding, Good Vibes! But honestly, a quick shout out to our local legendary sex toy company. This place was started in 1977 by sex educator Joani Blank, and since then has made lovers of all kinds of sexual persuasions very, very happy with it’s high quality toys, classes and videos. But you already knew that. Onto this week’s sex events! Not coincidentally, they feature three Good Vibes lessons for very bad girls and boys. But it would appear the rest of the Bay has caught the fever for some bedroom education as well… 

 

Prostate Play and Pleasure

Dr. Charles Glickman knows what it takes to make your little prostate guy happy. In this free hour long class, he’ll run down the toys, tips, and techniques to shed some love on you or your partner’s gland of love.

Wed/7 6:30-7:30 p.m., free

Good Vibrations

2504 San Pablo, Berkeley

(510) 841-0171

www.goodvibes.com


The Sexuality of Pregnancy and Birth

The store continues it’s non stop sex ed blockbusting with this class, which takes away the confusion and uncertainty regarding pregnancy and sexual activity. Sexual pleasure as a labor enhancer? Which positions will show love for that belly of joy? Carrie Flemming, birth advocate/artist/health worker shows the way.

Wed/7 8 p.m.-10 p.m., $25-30

Good Vibrations

603 Valencia 

www.goodvibes.com


Freedom Dreams

Don’t miss the kick off party for Safetyfest, Community United Against Violence’s educational workshop series on avoiding domestic violence in queer/trans relationships. The party will feature queer performance group Mango with Chili, bangin’ DJs, a kissing booth, and of course, lots of learnin’ on how to keep your honey and yourself safe.

Thur/8 7-10 p.m., $5-20 sliding scale

Bench and Bar

510 17th St., Oakland

 www.cuav.org


Booze, Broads and Hotrods

For all those into the smoothness of curves, the rev of the engine, the smell of hot grease… the 12th annual car show/jive dance party/burlesque showcase, Booze, Broad and Hotrods. Get you out to Milbrae for cheap hotel rooms at the Clarion, a pre 1965 classic car show, and front row seats for La Cholita, the infamous burlesqueteer who will be performing throughout the evening.

Sat/10 3 p.m. – 1:30 a.m., $18-20

Clarion Hotel

401 East Milbrae, Millbrae


Secret Desires: Playing with Erotic Edges

On how to bring what you’ve always thought would remain a fantasy in your head to the fore of your lovemaking. Cleo DuBois shows the way to “deeply authentic sex.” And perhaps a little more honesty in the bedroom, to boot.

Tues/13 8-10 p.m., $25-30

Good Vibrations

1620 Polk, SF

www.goodvibes.com


Girl Sex 101

Allison Moon wants to teach you the same lessons on licking, grinding, and girl on girl sexual communication that she dispenses at Burning Man’s Camp Beaverton for Wayward Girls. Won’t you let her?

Tues/13 7-9 p.m.

Center for Sex and Culture

1519 Mission, SF

(310) 694-4895 

www.sexandculture.org


School of Shimmy: Burlesque 101

I’m unclear on whether it’s B.Y.O.P. (Bring Your Own Pasty), but regardless, you should get your shakable ass down to El Rio for Red Hot Burlesque’s crash course on that classiest form of clothes shucking. Important: will there be $1 Pabsts?

Tues/13 7-9 p.m., $30 (reservations recommended)

El Rio 

3158 Mission, SF

(201) 615-9245 

www.redhotsburlesque.com

 

Events listings

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Events listings are compiled by Paula Connelly. Submit items for the listings at listings@sfbg.com.

WEDNESDAY 7

California Nights California Historical Society Museum, 678 Mission, SF; (415) 357-1848. 6pm, free. Connect, learn, and discuss the future of the Golden State at this open house in conjunction with the current exhibition, Think California, a collection of artwork, artifacts, and ephemera that represent different parts of California’s history.

Castro Farmers’ Market Noe between Market and Beaver, SF; for a list of farmers’ markets in the area, visit pcfma.com. 4-8pm, free. Attend the seasonal opening of the Castro Farmers’ Market and enjoy fresh fruits and vegetables, live music, a blessing by the Sisters of Perpetual Indulgence, and more.

Women’s International Film Festival Various Bay Area locations, visit http://www.sfwff.com/ for more information. Wed. – Sun., ticket prices vary. Choose from a diverse selection of films made by female filmmakers from around the world, featuring work by local and international women in all areas of film, in short and feature productions.

THURSDAY 8

1369 Lights Blue Six Acoustic Room, 3043 24th St., SF; www.moholyground.org. 7pm, $5. Be among the first to get a copy of the new Moholy Ground Magazine, the New Photography Journal. Meet Moholy Ground staff and featured artists and enjoy cocktails and music from DJ BoomBostic spinning soul, motown, and funk. The Moholy Ground Project publishes nonprofit art journals and books and provides low cost promotions and marketing to art organizations and individuals involved in the art community.

BAY AREA

Freedom Dreams @ 17th, 510, 17th St., Oak.; (415) 777-5500. 7pm, $5-$20 sliding scale. Attend the launch party for Community United Against Violence’s (CUAV) Safetyfest, a festival celebration safe ways for queer and trans people in the Bay Area to strut their stuff. Proceeds to benefit CUAV’s programs supporting LGBTQQ survivors of hate and domestic violence.

Three Ring Bingo RhythMix Cultural Works, 2513 Blanding, Alameda; (510) 865-5060. 7:30pm; $20, including one drink. Play ten knockout rounds of Bingo while enjoying performance art spectacles complete with live entertainment, tumbling numbers, cash prizes, the Yay Girls, Lucky Lucy, and emcee Mr. Entertainment.

FRIDAY 9

BAY AREA

"What I Learned at Straight Camp" UC Berkeley Campus, room 2050 VLSB, Dwinelle Hall, off Bancroft and Telegraph, Berk.; atheists.meetup.com. 7pm, free. Hear about Ted Cox’s undercover stint in gay-to-straight therapy programs at this presentation including music, videos, and a live demonstration. Cox is a godless writer from Sacramento.

SATURDAY 10

Cesar E. Chavez Parade and Festival Parade starts at 19th St. and Guerrero; 24th Street Fair, 24th St. between Treat and Bryant, SF; (415) 621-2665. Noon parade, 1pm street fair; free. People of all races and creeds are encouraged to participate in honoring the life and work of civil rights and labor leader Cesar E. Chavez at this parade and festival featuring live music, ethnic dance, entertainment, food vendors, and more.

BAY AREA

Yuri’s Night Bay Area NASA Ames Research Center, Hangar 211, Moffett Field, Mountain View; ybna.org. Noon – Midnight, $49.50. Join other space enthusiasts to interact with exhibits from a wide range of groups including Google Earth, Zero Gravity Arts Consortium, Loco Bloco, the Astronomical Society of the Pacific, and more and catch the huge line up of musical acts to be performing on two stages including N.E.R.D., the Black Keys, Les Claypool, Common, and more.

SUNDAY 11

Reinventing Porcelain San Francisco Airport Commission Aviation Library and Louis A. Turpen Aviation Museum, Departures Level, International Terminal, San Francisco International Airport, SF; (650) 821-6700. 1:30pm, free. Attend this lecture with Malcolm D. Gutter, professor at Foothill College and UC Berkeley Extension, about the development of Meissen, Europe’s oldest porcelain, during the Golden Age. This lecture is in conjunction with the exhibit, "Evolution of a Royal Vision: The Birth of Meissen Porcelain," through Sept. 13.

Phillip Schultz Space Gallery, 1141 Polk, SF; (415) 377-3325. 3pm, free. Hear Pulitzer Prize winning poet Philip Schultz read and discuss selections from his recent book of poetry, The God of Loneliness, at this celebration of the third anniversary of Writers Studio Workshops in San Francisco.

Wildflower Ramble Mt. Livermore, Angel Island Park; (415) 435-3522. From Tiburon take 10am ferry, meet at Gift Shop at 10:30am. From San Francisco take 10:35am Blue and Gold Fleet ferry from Pier 41, meet at Visitor’s Center at 11am; $5. Learn about the wildflowers that grow on Mt. Livermore on this docent led, 4 1/2 mile hike. Wear comfortable, layered clothing. Bring lunch and liquids.

MONDAY 12

No Rich, No Poor! Modern Times Bookstore, 888 Valencia, SF; (415) 282-9246. 7pm, free. Join Charles Andrews in this discussion based on his new book about whether capitalism can be repaired or if it needs to be replaced and what a potential new "program of common prosperity" could look like.

Post-Punk Extravaganza Needles and Pens, 3253 16th St., SF; (415) 255-1534. 7pm, free. Join Microcosm Publishing for their West Coast author tour featuring zine author Joe Biel showing his latest documentary, If It Ain’t Cheap It Ain’t Punk, followed by a Q&A about DIY Publishing, Mia Partlow and Michael Hoerger presenting the secret history of food and espionage in conjunction with their new book, Edible Secrets, and more.

Crossing the line

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sarah@sfbg.com

Estella (a fake name she used to protect her identity) is a single mother of five who came to the United States from Latin America when her oldest daughter was a baby, hoping for a better future for her family.

But thanks to a shift in San Francisco’s sanctuary policy that Mayor Gavin Newsom ordered last year, Estella’s daughter — we’ll call her Maria, now 15 — was seized by federal immigration authorities this fall, ripped from her family and community, and shipped to a detention center in Miami.

Her crime: she got in a fight with her younger, U.S.-born sister.

The experience shattered Estella’s dreams and terrified her family, whom immigration experts describe as "mixed status" because Estella also has U.S.-born children.

It also convinced Estella to speak out publicly to try to convince Newsom that legislation that ensures due process for kids like her daughter is the right thing to do.

Last month, a veto-proof majority of the Board of Supervisors voted to support amendments to Newsom’s current policy in an effort to make sure juveniles get their day in court before being hastily and needlessly referred to federal immigration authorities.

But the next day, Newsom vetoed the legislation introduced by Sup. David Campos, claiming it violates federal law. And now Newsom is refusing to debate the issue with Campos or meet with the community whose kids are at risk of being deported because someone in local law enforcement suspects them of being here without paperwork and accuses them of committing a serious crime.

Under Newsom’s policy, which he ordered without public review in June 2008, city officials are required to refer juveniles whom they suspect of being undocumented felons to U.S. Immigration and Customs Enforcement (ICE) when they book them at Juvenile Hall.

Last month Newsom defended his policy, saying that the city’s sanctuary ordinance, as originally conceived and adopted, was designed to protect law-abiding city residents.

"It was never meant to serve as a shield for people accused of committing serious crimes in our city," Newsom wrote in his veto letter.

His comments followed close on the heels of a San Francisco Chronicle editorial claiming the majority of these juveniles detained are subsequently found guilty of serious crimes.

But this is not true: the Juvenile Probation Department’s 2008 statistics show that 68 percent of the young people arrested in San Francisco that year were found to be innocent.

And as Estella’s story shows, under Newsom’s policy juveniles who have not committed serious crimes are at risk of being reported and detained for possible deportation.

This means a teenager — a 15-year-old girl in this case — could get dropped off in a country she last saw when she was a baby, with no family to meet and take care of her. These kids are at risk of being preyed upon by criminal gangs or "coyotes," often-unscrupulous human traffickers known to abuse and abandon young people during the perilous border crossing.

Most kids in Maria’s situation would want to return to their U.S. home — to their parents, families, friends — the only community they know. But since the federal government has made border crossings increasingly perilous, getting back to the U.S. often requires several thousand dollars in smuggler fees — leaving teens open to harsh exploitation.

In other words, deportation — in Maria’s case, for the crime of a fight with her sister — could be a sentence to years of forced labor, life in a violent gang … or death.

BAD DAY AT SCHOOL


It’s not clear how Maria got into the altercation at school with her sister; fights between siblings and friends in high school are hardly a rare or even terribly remarkable experience. But in this case, Estella told us, a school official reported her daughters’ fight to a social worker, who brought a police officer to Estella’s house for questioning.

As a result, Estella’s daughter was taken to Juvenile Hall. A year ago, she would have had access to a lawyer, who would have helped sort things out. If the fight had been serious or violent, she might have been placed on supervised probation.

But thanks to Newsom’s new policy, probation officers referred her to ICE and its agents swooped in, seized her, and shipped her to Miami.

Ultimately, a juvenile judge in San Francisco recommended Estella’s daughter be put on probation — but by that time, Maria was already in Florida, in a detention center run by a private company under contract to the Department of Health and Human Services’ Office of Refugee Resettlement (ORR).

Detainees have no right to a public defender or free legal services. It’s often hard for their families to find out exactly where they are, so detainees wait in detention for immigration officials to decide what to do next.

Maria was fortunate that ORR recommended temporary reunification. Immigrant advocates say that Estella’s daughter is now back in the Bay Area with her family, but is still under deportation proceedings.

They note that one way parents can get their kids back from ICE is by giving up information — including the names, fingerprints, and addresses of other family members — to federal immigration authorities. But parents are not always willing to do that, especially if it could lead to other family members, including children, being deported.

As of press time, a super-majority on the Board of Supervisors is planning to override Newsom’s veto of Campos’ legislation at its Nov. 10 meeting. But the mayor has said he intends to ignore the Campos legislation — a posture that is not only legally questionable, but leaves immigrant parents facing the ongoing nightmare that their teens could get deported to a country they never knew for a crime they didn’t commit.

Immigrant advocates cite the case of a 14-year-old boy who is under ICE removal proceedings after he brought a BB-gun to school, and a Mexican youth who was deported, even though the District Attorney’s Office dismissed the robbery charges against him.

Patti Lee, managing attorney for the San Francisco Public Defender’s Office Juvenile Unit, described how the feds recently snatched a kid outside juvenile court, even though the District Attorney’s Office had dismissed his case.

"The kid was coming into court with his mother and the ICE agent had a photo of him, and grabbed him outside the building," Lee said. "His mom was hysterical and it was traumatic for our staff."

These are not isolated cases. ICE spokesperson Virginia Kice told us that 150 juveniles from San Francisco have been referred to ICE, and 114 have been taken into federal custody and transferred to detention facilities since Newsom ordered his policy change in 2008.

Immigration advocates say some of the kids have been sent to Yolo County, while others have been shipped to Oregon, Washington, Indiana, and Florida, making visits from family members, who may themselves be undocumented, extremely difficult.

Eric Quezada, an immigrant advocate and the executive director of Dolores Street Community Services, told us that while kids may try crossing the border to rejoin their families and friends, "lacking the serious dollars to come back, many are deported into extreme poverty or to be part of a gang."

Lee notes that federal immigration authorities have a duty to reunite children with their families. "But if the family is undocumented, its members are afraid to step forward, afraid to step into the Youth Guidance Center," Lee said. "So there are some children sent back to their alleged country of origin, without a family and resources. Because we can’t track them, that may be a death sentence."

DEATH MARCH


As a volunteer with No Mas Muertes (No More Deaths), a humanitarian camp in Arizona, SF Pride member Molly Goldberg has seen firsthand what being deported and trying to cross the border means to immigrants in terms of loss of dignity and life.

Arizona has been an immigrant rights testing ground for years. Shortly after its creation as an agency, the Department of Homeland Security provided millions of dollars to build a wall blocking the easiest terrain, forcing border crossers into the most rugged and dangerous areas, Goldberg said.

"They are bottle-necking it so folks cross in the most difficult, deadly area," she said.

Since the wall went up, the numbers crossing have gone down — but numbers dying have gone up. Goldberg said 184 people have died so far this year. But the numbers of dead could be much higher. "Because of the vultures and other scavengers, bodies are gone pretty quickly," she said.

This year, Service Employee International Union Local 1021 organizer Robert Haaland accompanied Goldberg to the border. Haaland says what he saw convinced him of the need for Campos’ amendment.

"I kept thinking about the Campos legislation in terms of seeing the impact of people crossing the border after being deported," Haaland said. He described a makeshift memorial to a 14-year-old El Salvadoran girl named Josseline whom smugglers left behind after she got sick from eating a bad can of tuna, according to her younger brother. He managed to cross the border, but Josseline died after wandering alone and without water in the border’s dry and inhospitable no man’s land for a week.

Others get left behind and die because they are wearing the wrong shoes and end up with badly blistered feet or are too weak to continue the grueling trek. Haaland recalled seeing water bottles that volunteers had left on the coyote trails but had subsequently been slashed, presumably by nativist vigilantes.

"The Border Patrol is using the desert as a weapon and harassing people who go to the border to give humanitarian aid," Haaland said.

That’s where some of the kids Newsom has sent for deportation will wind up.

WHERE ARE THEY NOW?


Although Newsom has made it clear he intends to keep referring kids to ICE, their whereabouts and fate under his policy remains somewhat of a mystery.

Kenneth Wolfe, a spokesperson for ORR, which is responsible for detained juveniles deemed "unaccompanied" (a category they could be placed in if they refuse to divulge the whereabouts of undocumented family members in the U.S.) said he can’t divulge their precise whereabouts because of juvenile confidentiality rules.

Wolfe told the Guardian that kids could be placed in juvenile halls or shelter-like facilities run by private contractors, depending on their crimes. He said ORR is required to report to Congress annually about the program, but the report for FY 2008-09 won’t be available for a few months.

In the meantime, Wolfe e-mailed the Guardian a copy of ORR’s 2007-08 report, which includes a map featuring colored circles to represent the numbers of apprehended kids based on Department of Homeland Security referrals.

The map shows that in 2007-08, less than 100 juveniles were apprehended in Los Angeles, New York, Philadelphia, and Washington; 100-250 were apprehended in San Diego; 1,000-1,600 in Phoenix; and 1,600-2,600 at the U.S.-Mexico border.

Presumably, next year’s map will include a colored circle around San Francisco, representing an apprehension rate similar to San Diego. But it probably won’t reveal which facilities these kids were sent to or whether they were ultimately deported, even though these kids were apprehended on the basis of referrals made by local city officials.

Nor will it show what the local community knows full well: that many deported kids cross back over the border to rejoin their families. Only now, because they have been deported, they are forced to go underground and are at risk if being recruited by gangs.

The federal government’s Unaccompanied Alien Children (UAC) program was transferred from ORR to the Department of Homeland Security in 2003. "The program is designed to provide for the care and placement of unaccompanied alien minors apprehended in the U.S. by Homeland Security agents, border patrol officers, or other law enforcement agencies and are taken into care pending resolution of their claims for relief under U.S. immigration law or released to adult family members or responsible adult guardians," reads the U.S. Catalog of Federal Domestic Assistance. "Resolution of their claims may result in release, granting of an immigration status (such as special immigrant juvenile or asylum), voluntary departure, or removal."

According to a 2008 ORR report, "a great number of UAC have been subjected to severe trauma, including sexual abuse and sexual assault in their home countries or on their journey to the U.S.: gang violence, domestic violence, traumatic loss of a parent, and physical abuse and neglect. In addition, UAC experience the increased probability of ongoing trauma as a result of their uncertain legal status and return to difficult life circumstances."

The report also notes that "UAC have indicated that, among other reasons, they leave their home countries for the U.S. to rejoin family, escape abusive family relationships in their home country, or find work to support their families in their home country."

ORR has approximately 7,200 UAC a year in its facilities, which are operated by organizations such as the U.S. Catholic Conference of Bishops and Lutheran Immigration and Refugee Services. There are more than 41 ORR-funded care provider facilities in 10 different states.

Last year’s ORR report noted that average length of stay in federal detention facilities is 55 days before children are released to family members and other sponsors, move into the adult system, or are returned to their home countries.

"As these programs increase and ICE increasingly places people in them, there’s a financial incentive to keep detaining people." Francisco Ugarte, an immigration lawyer with San Francisco Immigrant Legal and Education Network, told us.

But Abigail Trillin, staff attorney for Legal Services for Children, says ORR is doing a better job of handling juveniles than ICE did. "ORR has the right and obligation to try and place these kids in the least restrictive option," Trillin said. "But being reunified with your family does not in any way change the fact that you are under federal removal proceedings. So you still have a very significant risk of being deported alone to your country of origin."

Having a documented parent helps a juvenile make the case for staying in the U.S. permanently, as does having grounds for asylum. Having siblings who are U.S. citizens or having been here since you were a small child does not significantly help someone’s case.

But ending up in lockup can makes things worse. "If a child is in an ORR secure detention facility, they are less likely to fight their deportation case — a fight that could take up to two years — than if they were reunified with their family," Trillin said. "We have not yet seen a juvenile move from a secure facility to a foster home, but we have in the case of kids who are in ORR shelters for more than three months and have a legal case for staying."

Still, she said it’s possible a child could be flown to an airport in their country of origin without much subsequent support in most Latin American countries. "If they are Mexican, they are flown to the airport in Tijuana, and if there are no relatives, they are turned over to a child welfare agency in Mexico," Trillin said. "I don’t believe that level of cooperation exists elsewhere, though there might be some temporary shelters for them to wait in while their relatives are coming."

All countries of origin will have some involvement, Trillin noted, to the extent that they are contacted because all these kids need travel documentation. But that support is minimal. As she said, "Our country feels that it’s done its duty once the consulates are contacted."

LETTER OF THE LAW


In his Oct. 28 veto letter, Newsom claimed that the supervisors had changed the sanctuary ordinance by "restricting the ability of local law enforcement officers to report juveniles who are in custody after being booked for the alleged commission of a felony and are suspected of vioutf8g the civil provisions of our sanctuary ordinance."

But in a Nov. 2 response to Newsom’s veto, Campos countered that his amendment won’t shield anyone guilty of such crimes and he invited Newsom to publicly debate the issue. "The board and the people of San Francisco deserve to understand more fully why you intend to ignore this policy and the time-honored democratic processes followed in enacting it," Campos wrote. "At stake is the protection of innocent immigrant children that have been unjustly separated from their families."

He also accused Newsom of spreading misinformation about what federal law requires. "City officials have no affirmative legal duty under federal law to expend limited local resources and funding on immigration enforcement," Campos wrote, citing a July 1, 2008 public memo from the City Attorney’s Office and legal experts from Yale Law School, Stanford Law School, and UC Davis Law School who "have all agreed that there is no federal duty to inquire or report."

Noting that the City Attorney’s Office has made it clear that his proposed amendment is "a legally tenable measure," Campos concluded that "the point at which a referral of a minor is made to ICE is ultimately not a legal decision but a policy decision.

"Our criminal justice system rests on the principle that everyone is innocent until proven guilty; that is why providing youth an opportunity to contest a charge in court is a matter of basic due process," Campos continued. "The current policy is creating a climate of fear in immigrant communities, which means that immigrants who have been victims or witnesses to crimes are afraid to come forward."

The City Attorney’s Office has declined to comment on whether the mayor has the authority to ignore properly approved legislation. "We are not going to comment on legislation that’s still in the legislative process," City Attorney spokesperson Matt Dorsey told us.

But Campos believes the mayor lacks any such authority. "Can the mayor ignore legislation because he believes it’s illegal? Does he have the authority to have the final say? I don’t think so," said Campos, who is an attorney.

Trillin sees Newsom’s refusal to debate the issue with Campos as further confirmation that the Mayor’s Office doesn’t have a substantive argument that its sanctuary policy is a good one. "They can’t defend their position. They can’t win on substance," said Trillin, whose organization frequently provides legal guidance and support for immigrant youth.

She noted that the controversy that prompted Newsom’s policy change started with family reunification efforts. City officials were trying to reunite undocumented teenagers who were caught selling crack in downtown San Francisco with their families in Honduras when ICE officials intercepted them at George Bush Intercontinental/Houston Airport in December 2007 and May 2008.

These interceptions led U.S. Attorney Joe Russoniello, who opposed San Francisco’s sanctuary ordinance when it was introduced in the 1980s, to claim that flying youth back to their families without first referring them to ICE was tantamount to harboring criminals.

After the apprehended city officials claimed they were acting in accordance with San Francisco’s sanctuary ordinance, Russoniello convened a federal grand jury to investigate the city’s juvenile probation department. That investigation still hangs over JPD, even as Sen. Barbara Boxer mulls recommending candidates to replace Russoniello.

Meanwhile, right-wing activists have been blaming the city’s sanctuary policy for the tragic 2008 shootings of three members of the Bologna family, after they discovered that 23-year-old Edwin Ramos, the alleged killer and an MS-13 gang member, was apprehended by San Francisco’s juvenile justice system as a teen, but was never referred to the feds.

Facing this firestorm, Newsom caved to public pressure and followed the advice of Kevin Ryan, his Republican criminal justice director and the only prosecutor fired for cause during the 2006 U.S. attorneys firing scandal, by ordering that the city treat juvenile immigrants as adults, referring them to ICE at the moment of arrest on felony charges.

CHILDREN ON ICE


The same day supervisors approved Campos’ amendment, outgoing LAPD Chief William Bratton urged his department to keep its focus on fighting crime, not illegal immigration, plunging headfirst into the controversy over the federal 287(g) program.

Created in 1996 and expanded in the wake of 9/11 purportedly to counter terrorism and violent crime, the 287(g) program allows the federal government to enter into agreements giving local police the authority to enforce federal immigration laws. This has led many immigrants to mistrust and refuse to cooperate with local cops.

"My officers can’t prevent or solve crimes if victims or witnesses are unwilling to talk to us because of the fear of being deported," Bratton wrote in a Los Angeles Times opinion piece.

"I think what Chief Bratton is saying is different from what we are hearing in San Francisco" Campos said. "Mayor Gavin Newsom seems to be implying that San Francisco’s juvenile probation officers have no choice. But really, there is no law requiring them to refer kids to ICE. So it seems that what the mayor is doing is creating a de facto 287(g) program that gives local officers the power of federal agents."

That’s why Campos said it’s important for Newsom to participate in a public discussion of his intentions. "We need to ask the mayor if what he is saying is that JPD is an arm of ICE. If that’s the case, we need to know."

President Obama promised during the campaign that immigration reform would be part of his legislative agenda, but the White House hasn’t acted much on the issue. Yet immigration attorney Francisco Ugarte is hopeful that the tide is turning locally, as witnessed by the outpouring of support for Campos’ legislation. "Thirty-three percent of San Francisco residents are foreign-born," Ugarte observed. "That’s a really high number, a significant part of the constituency."

Russoniello told the Guardian that immigrants are not entitled to the same level of due process as citizens, implying that the U.S. has a two-tier criminal justice system. "There are citizens, and then there are people," Russoniello said.

Ugarte finds such arguments laughable. "The federal government has to make the argument that the Fourth Amendment does not apply to undocumenteds," Ugarte said. "These are hare-brained ideas that stem from hate and fear. The wonderful part of our country is that we have respect in the laws for all."

Ugarte believes that blaming the tragic Bologna murders on the city’s immigrant youth policy is like arguing that putting people on parole leads to crime. "Yes, there are going to be bad apples," Ugarte said. "But that doesn’t mean we can solve our problems by sending people to another country. L.A. thought it could get rid of gangs by deporting people to El Salvador. But guess what? They only grew the problem."

Patti Lee of the Public Defender’s Office doesn’t believe that the sanctuary policy will change unless the Board exerts financial pressure on Juvenile Probation. "I do not believe the policy will change because JPD is under orders from the mayor," Lee explained. "But JPD is supposed to comply with the legislation. So the Board of Supervisors, through its Public Safety Committee, could question JPD’s chief about his current process and why he isn’t complying with it. The board does have control over JPD’s budget, so it can put the squeeze on them."

"When police arrest and detain an undocumented child and bring them into detention charged with a felony, the minute they come in front gate, JPD has been directed to contact ICE," Lee said. "So we are not even aware until a day or two later, when we receive a police report or when we get a house list the next day, if someone is ICEed or not."

If the kids are unaccompanied and there are no family members in town, they typically go to juvenile lock-up for 30 days and then are released to ICE and get deported," Lee said.

"They are being ICEed even if they are adjudicated," Lee added, noting how her department got one youth’s charges reduced to misdemeanors but JPD reported the youth to ICE anyway, based on the current policy that any undocumented person booked on a felony should be reported at the moment of booking. "So they were ICEed without due process," Lee said. "And these are children."

The Democrats wild night

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By Tim Redmond

Well, I’m really sorry I missed the Democratic Party gala Wednesday night. Apparently it was quite a show. Brian Leubitz has a great report at Calitics on the unexpected appearance of Gov. Schwarzenegger and the overwhelmingly negative response by the attendees, including Assemblymember Tom Ammiano, who stood up and shouted “You Lie!”

“It was political theater of the type we love,” Ammiano told me.

Seriously, though: Former Mayor Willie Brown apparently told the guv that the event was happening, and since Schwarzenegger was in the same hotel for a President’s Cup event, he decided (perhaps at Brown’s invitation, it’s not entirely clear) just to drop by. And everyone was supposed to act all nice and pretend that they’re aren’t real, serious issues in Sacramento and that the governor isn’t really, really screwing up the state and hurting a lot of people.

“This wasn’t the Legislative Chambers, where you have to put up with this shit,” Ammiano said.. “It’s like this guy just showed up and took a big dump in my living room.”

Labor folks weren’t happy, either, and a bunch of them walked out. Then Ammiano (and we should all give thanks that he’s in the Legislature, reminding everyone what San Francisco stands for) accepted an award and made a speech:

And then he proceeded to bludgeon the Governor’s record. He questioned why he was holding bills hostage to get a bad water deal. He questioned why a Governor who has vetoed the Harvey Milk Day bill would stand up in front of a room that was at least 25% LGBT. He politely asked Mayor Brown to send a message to the governor to sign the bills already.

And finally, Senator Mark Leno closed the proceedings for the evening. Leno took a different tack than Ammiano’s passion. He simply stated the facts. He said that the events of this evening were all funny and stuff, but the fact is that this Governor had cut state workers salaries by 15% with the furloughs. This Governor wanted to cut IHSS salaries to minimum wage. This Governor illegally used the line item veto to slash funding for domestic violence shelters. And that he, and the Senate Democrats, were going to fight him tooth and nail.

And to a loud applause, Leno stepped off the stage and the crowd began to thin. And everybody was saying, “um, wow.”

The other thing Ammiano said in his speech was that Democrats have gotten a little lax on standing up for their friends — and he mentioned both ACORN and Kim-Shree Maufas, and both times was met with huge applause.

And, of course, the Chron’s Carla Marinucci focused her reporton Willie Brown’s comments about how inappropriate this all was and how everyone needed to make nice to poor Arnold. But there are serious issue here that aren’t just fun and games, and when the stakes are as high as they are here, I’m glad to see them Democrats (or at least some of them) deciding not to play so nice with a governor who is smiling while he drives the state into bankruptcy and despair.

PS: Ammiano told me that when Marinucci called him, she seems astounded that he had said “kiss my gay ass” while walking out of the governor’s speech. “I told her, I don’t remember, but I probably did say that,” Ammiano said. “After all, it’s safe sex.”

The Legislature’s all-nighter fails

7

The state Legislature wrapped up its session around 7 a.m. Saturday, after officially stopping the clock on the midnight deadline and pretending it wasn’t the next day yet until 120 elected officials endured a sleepless night and a lot of critical work didn’t get done. The really bad all-nighters in college were the ones when you felt like hell the next day and didn’t finish the term paper anyway.

There’s a pretty good roundup here and hereon a couple of the bills.

It’s remarkable: Governor Schwarzenegger is going to veto the very bill he initially proposed. He’s going to sign a prison reform bill that doesn’t even come close to doing what he agrees has to be done to cut prison costs. And unless he calls a special session of the Legislature to deal with water issues, there will be nothing to stave off the near-collapse of the Bay/Delta estuary.

Meanwhile, of course, the Republicans refused to back down and approve a tiny $16 million allocation to save domestic violence sheters (which literally save lives).

At least the Senate refused to exempt a bizarre sports stadium plan in Southern California from CEQA; it looked for a while there as if the legislators were going to cut a huge hole in the state’s landmark environmental law just to please a billionaire.

Hell of a session. Can’t wait for the fall.

Daly’s family more newsworthy than Mitchell’s “not guilty” plea

10

Curious to discover how James Rafe Mitchell, who stands accused of killing his former girlfriend with a baseball bat, was going to plead, but unable to be in Marin last Friday, I searched the Chron’s Bay Area print section in vain on Saturday.

Instead, the main “news” coming out of that paper was that Sup. Chris Daly’s family no longer lives in San Francisco. And that the Guardian had risen to his defense. (Actually, we rose to defend his record on issues related to affordable housing, but sad to say, there has been no analysis of Daly’s votes on housing in the Chron.)

Later I surfed the web and discovered that Mitchell pled “not guilty” to murder, domestic violence, kidnapping, and child abduction and endangerment, and that a prelimary hearing has been scheduled for October 5.

Sadly, this news, which I thought of major significance, was buried in Section C of the Chron’s print edition. Wow.

Meanwhile, the Hamilton Cafe in Novato says it will donate 10 percent of today’s proceeds to a fund set up for Samantha, the daughter that Keller and Mitchell had a year ago, and who remains in child protective services.

JamesRafeMitchell.jpg35%2.jpg
James Rafe Mitchell

Behind the Mitchells’ door

0

sarah@sfbg.com

When James Raphael Mitchell, 27, son of the late porn film director and strip club owner Jim Mitchell, was charged with murder, domestic violence, kidnapping, and child abduction and endangerment last week, my first reaction was to wonder if he suffers from posttraumatic stress disorder.

I had run into met James in October 2007, at which time he sported a military-style buzz cut and told me he was in the Marines. And now I was reading reports that he had shown up at the home of his one-time fiancée, Danielle Keller, 29, the mother of their one-year-old daughter, Samantha Rae, killed Keller with a metal baseball bat, and fled with Samantha. He then led police on a five-hour manhunt that ended in Citrus Heights.

I later encountered James at the O’Farrell Theater, the club his father Jim and uncle Artie opened 40 years ago. At the club, the brothers produced porn films, battled with former Mayor Dianne Feinstein’s vice squad, and entertained members of the city’s political elite before Jim shot Artie in 1991.

Jim’s attorneys described the killing as an "intervention gone awry," while Artie’s kids believed it was a wrongful death. In the end, Jim served less than three years of a six-year sentence for voluntary manslaughter at San Quentin. After his release, he continued his involvement with Cinema 7, the corporation the Mitchell brothers formed to oversee their porn empire, until he died of a heart attack in July 2007.

Shortly after Jim’s death, his eldest daughter, Meta, became the O’Farrell Theater’s general manager. In fall 2007, Christina Brigida, a childhood friend of Meta, contacted me to see if I’d be interested in "a column about the reality of what the sex industry is like for females (both strippers and non-strippers)" and "female managers in adult entertainment." She proposed that she and Meta write the article. "The notion that the O’Farrell Theater is run by old white men pimping out women for money with no regard as to their treatment and/or well-being is just flat out not true," Brigida wrote.

In her piece, Meta recalled: "Growing up in my family there was a distinct line between the boys and the girls. The boys got to go on special outings with my dad and uncle, while the girls were left at home. As I grew older, so did my resentment. I continued to hate being left out. I felt like it all had to do with my dad’s business. The boys could go inside, and I couldn’t. I grew to hate the theater for taking my dad away from me."

Meta went to school and got a job as a mortgage consultant in San Ramon until 2004, when she began to recognize the club "as something that had taken care of us through the years."

And that’s how I came to be drinking coffee one morning in the club’s upstairs room, talking to Meta, a petite woman with a black bob, brown eyes, knee-length leather boots, a tiny dog, and a massive lime-green handbag. It was then that I met her younger brother, James, who his friends call Rafe.

I was seated in front of a photo of Pope John Paul II greeting Fidel Castro in Cuba, and a painting called Night Manager. The conversation somehow turned to war, at which point Rafe turned and told me he was in the Marines.

Meta resumed our conversation, which included my asking about a class action suit the O’Farrell dancers had brought against the club and Meta’s talking about her innovations, which included theme nights and costumes. At that point, Rafe interrupted, observing that "guys get drunk and just want to have fun and don’t care about costumes."

Clearly there was tension between Meta and James. And clearly Meta wanted to control the content of any story about the club. Although she promised me an interview that Halloween and mentioned that she "might be in costume," I wasn’t surprised when I didn’t hear back.

When I read the news about James, I called former San Francisco District Attorney Terence Hallinan, who is representing James and is a long-time friend of the Mitchell family. Hallinan had just returned from Mitchell’s arraignment in Marin County, where he is being held without bail.

"James feels terrible about what happened," Hallinan said. When asked about the possibility of James having PTSD from his time in the Marines, Hallinan said, "I don’t know if he’s been overseas or not."

I then got a hold of a copy of the permanent restraining order Keller had secured on July 7, five days before she was killed. From it, I discovered that James had not been deployed overseas. In fact, according to the allegations in the court order, he had abused Keller for almost two years, beginning a month after the couple met — claiming the abuse was his way to avoid Iraq.

The court filing also revealed that James brought his gun everywhere and usually kept it in his jeans until his siblings, including Meta, filed their own five-year restraining order after he pulled it out during a family business meeting at the O’Farrell Theater in November 2007 and "waved it around in a threatening manner."

Keller’s statement also charged that James has mood swings, used cocaine, had a meth addiction, and was arrested for domestic violence in February 2008 when Keller was four months pregnant.

The couple’s penultimate fight took place March 4 when Keller told him she was going to live with her mom. After that incident, James was arrested for vioutf8g his probation, and San Francisco District Attorney Kamala Harris recommended putting James behind bars for three months. But 11 days before Keller’s killing, Superior Court Judge Mary Morgan sentenced him to two days and stayed the sentence.

Warren Hinckle, a veteran Bay Area journalist and long-time Mitchell family friend, observes that people can’t imagine what it was like to have grown up in this "battle-prone family."

"Sure, I knew Rafe, and obviously something very bad and weird happened," Hinckle told the Guardian. "People forget that the Mitchells spent a lot of the money that they made on First Amendment battles, and that they were on mob territory."

Keller’s attorney, Charlotte Huggins, said she wants to make sure there’s money set aside for Samantha. But that may be tricky because James was living on trust fund money. Following a 2008 settlement of the dancers’ class action suit against Cinema 7 — in which the corporation agreed to pay $2 million in legal fees and $1.45 million toward the dancers’ claims — Cinema 7 president Jeffrey Armstrong claimed in court filings that the corporation "is not able to pay the entire amount up front."

Instead, Mitchell matriarch Georgia Mae and John P. Morgan, co-trustees of the Jim Mitchell 1990 Family Trust, which holds two-thirds of Cinema 7’s shares, pledged stock certificates as security interest.

Jim Mitchell’s four adult children receive $3,000 a month from the trust. They have the right to withdraw 50 percent when they turn 30, and the remainder when they turn 35.

Court files show that Meta, who turned 30 last year, along with Justin and Jennifer Mitchell, are trying to wrest control of the trust from their grandmother, Georgia Mae, 85. Instead, they would like to appoint their mother and Jim’s ex-wife Mary Jane Whitty-Grimm as the successor trustee. A hearing is set for September.

A stripper who used to dance at the O’Farrell Theater under the stage name Simone Corday wrote the book 9 1/2 Years Behind the Green Door (Mill City Press, Inc. 2007), in which she recalls Artie Mitchell as her lover. Corday told the Guardian that when the Mitchell brothers shared a house in Moraga, Artie worried about Jim’s child-rearing techniques.

In Corday’s book, Artie is quoted saying, "You know how Jim has Rafe dressed as Rambo so much? Now they’re calling Rafe ‘the enforcer.’ If any of the kids use a swear word — even mine when they’re over there — Rafe is supposed to attack!"

Corday said she was shocked by Keller’s killing. "It’s been disturbing. What with his name being the same as Jim’s, and both being held in the Marin County Jail. It’s eerie."

If Manheimer is SF’s next top cop, will Newsom push Villa-Lobos in D6?

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frt_chief_manheimer.jpg
Is this the face of San Francisco’s next top cop?

Text by Sarah Phelan

Back in February, I asked mayoral spokesperson Nathan Ballard if San Mateo police chief Susan Manheimer was Newsom’s top pick to replace SFPD Chief Heather Fong.

I asked because the Community Leadership Alliance was promoting Manheimer hard and seems to have the insider edge within Camp Newsom.
(CLA lists the Chamber of Commerce’s Rob Black—Newsom’s unsuccessful pick to replace D6 Sup. Chris Daly in 2006—as honorary Chair, Scott Caroen as Chair, Troy Hammer, David Muhammad, Christopher Rosas and Joseph Alioto Veronese and Angela Alioto as advisers, and David James Villa-Lobos as director.)

Ballard’s reply, which I included in the Guardian’s story about San Francisco’s dysfunctional public safety system, was that, “It would be wildly premature to comment on the Mayor’s preference for police chief at this time. “

This was of course before Fong demoted veteran police office Greg Suhr to captain, before the domestic violence victim whose case was used to demote Suhr claimed that Suhr’s actions saved her life, various other candidates had their names leaked to the press, and before the Examiner’s Ken Garcia accused Fong of trying to burn down the whole department.

But now the Chronicle is claiming that Manheimer could very well be SF’s next top cop, because she spent 16 years in the SFPD before heading to San Mateo, the powerful SF Police Officers Association feels it can work with her, and the choice will allow Newsom to appear to be choosing a department outsider.

Suhr, Deputy Chief Kevin Cashman, and Pasadena Police Chief Bernard Melekian, are reportedly still in the running.

Meanwhile, I’m left wondering if Newsom is going to back CLA director Villa-Lobos for D6 in 2010, becausethe two are photographed posing together on CLA’s website and the group seems to have its finger on Newsom’s pulse.
david__gavin_3.7201807.jpg
David James Villa-Lobos poses with MGN

Victory lap

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a&eletters@sfbg.com

When Special One of the Conscious Daughters raps, "And I know all my folks been patient for this shit" on the Oakland female duo’s new track "A Moment In Rhyme," she ain’t kidding. It’s been 13 long years since she and partner-in-rhyme CMG released their last album, 1996’s Gamers (Priority). So long gone were the previously high profile pair that in 2007 Nas invited the Daughters, along with other forgotten Left Coast vets such as Kam, King Tee, and Threat, to appear on his homage track "Where Are They Now (West Coast Remix)."

The Nutcracker Suite, released in February on longtime associate Paris’ Guerrilla Funk label, is Conscious Daughters’ third album in 16 years. It’s a refreshing return to form for the female duo, who burst onto the national rap scene with 1993’s Ear To The Street (Priority), led by the Paris-produced, funk-fueled riding anthem "Somethin’ to Ride To (Fonky Expedition)." Striking a perfect balance between political hip-hop and street mobbin’ music, Special One and CMG have always won over discriminating rap fans.

"You can call it what you want — we just back," laughs an unfazed Special One, when asked if the new album and upcoming performances should be called a comeback. "It’s a comeback to everybody else, but we never went anywhere," adds CMG. "We been recording and making music the whole time."

The Conscious Daughters pick up right where they left off with The Nutcracker Suite, which includes production by Paris, Rick Ross, One Drop Scott, Fred White, and newcomer Steven King. The album opens with the head-nodding hard funk of "Not Bad But Good," an updated riding track about "the Town" (Oakland). But a few tracks later it veers into thought-provoking territory, with songs that tackle topics head-on from a female perspective. Domestic abuse and California’s spiraling incarceration rates are on the lyrical agenda. "And Arnold keeps building these correctional facilities for youth, women, and crooks and thieves with disabilities," Special One raps in the song "Issues."

Having spent a short stint behind bars herself ("for pot") Special One speaks from first-hand experience. "There’s women, their grandmothers, their aunties, mothers, nieces, and sisters in the penitentiary, just like there are men in the male penitentiary," she says.

One of the new album’s more poignant songs is "Dirty Little Secret," in which the duo urge domestic violence victims to "Get the hell up out that situation before you get killed."

"We have friends who have gone through this for many years, best friends who won’t even tell you [about their abuse]," CMG says when discussing the emotionally-charged song, told in the first-person voice of an angry victim who fights back. "Even though our song is pretty deep about getting this guy back, we are saying what a lot of women want to actually do, and helping them get their frustrations out by listening to our song."

In practice, as well as in their lyrics, Conscious Daughters demonstrate solidarity for their sisters: Nutcracker Suite features cameos from several Bay Area female hip-hop talents, including Mystic, Marvaless, and Goldee the Murderist, whose death last summer from a blood disease was sudden and tragic. Special One says that it’s important for females in hip-hop to look out for one another, since they already have the chips stacked against them. "It’s always harder for women," she notes, "Most female rappers have to balance a career and their family."

Another longtime fellow East Bay female hip-hop talent, DJ Pam the Funkstress of the Coup, is joining Conscious Daughters when they embark on a national tour later this year. (Official details — likely involving Paris, Talib Kweli, Pete Rock, and others — will be announced at guerrillafunk.com).

After so many years away, CMG and Special One heartily embrace the work ahead. "We love challenges, and we’re going to have to get out there and do everything all over again now," says CMG.

"It’s a blessing, and we’re confident in our talents," adds Special One.

www.myspace.com/consciousdaughters

www.guerrillafunk.com

A new tax on smut?

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By Tim Redmond

Heads up: There’s a move in Sacramento to put a new tax on “adult entertainment.” (Scroll down and read the second part of the press release). A couple of thoughts:

1. I’m a tax-and-spend liberal, and I have no problems in general with taxes on services.

2. Still, this is kind of funky. It’s not clear yet how the bill will define “adult entertainment.” As demimonde and labor activist Princess Pandora puts it:

Do they charge Britney Spears concerts? She dances all sexy, including “pelvic undulations,” which are considered a simulated sex act by ABC and can get a club fined/shut down. What about the ballet? Those tights don’t leave much to the imagination. Do you think women love Barishnikov for his dancing? Girlfriend, please! If I do porn, but wear flowers in my hair, and maybe recite some crappy poetry, can I call it “performance art” and avoid the tax?

3. We don’t charge sales tax on newspapers and magazines. When does a magazine become porn, and thus taxable? One nude on the cover (that would include much of the alternative press in America)? What about the Sports Illustrated swimsuit issue? (I know, it’s pretty lame, but Playboy’s pretty lame, too).

4. I don’t love the connection this bill makes, if even implictly, between “adult entertainment” and domestic violence. Don’t want to open a can of worms here, but I think there’s a lot more DV that can be traced to the Super Bowl than to most innocent smut.

I’ve put in a call to Assembly member Torrico’s office, and they promised to get back to me. I’ll keep you posted.

UPDATE: Jeff Barbosa, a spokesperson for Torrico, just called me. He said the bill is a “work in progress” and that they still haven’t defined what “adult entertainment” will be. But he said right now they’re using Penal Code Section 313 as a working definition.

Here’s the language:

“Harmful matter” means matter, taken as a whole, which to the
average person, applying contemporary statewide standards, appeals to
the prurient interest, and is matter which, taken as a whole,
depicts or describes in a patently offensive way sexual conduct and
which, taken as a whole, lacks serious literary, artistic, political,
or scientific value for minors.

Ooh, I can see this creating a lot of problems.

I wonder: Perhaps the Assembly could take a page from Tom Ammiano’s pot bill, and legalize prositution, then tax it. Make sense to me.

Talk about Chron’s demise, binge on green beer

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Text by Sarah Phelan

Just kidding about the binge drinking. But the Northern California Society of Professional Journalists has chosen St. Patrick’s Day to sponsor “A Conversation about the Chronicle,” a public discussion about the severe cutbacks and threatened closure of the Chronicle, and the impacts those developments will have for Bay Area readers.

And it’s likely that this meeting, (5:30-7:30 p.m, Tuesday, March 17, Koret Auditorium, San Francisco Main Library, 100 Larkin St.) will leave folks tempted to hit the bottle, given the grim situation that newspapers face nationwide.

Or maybe it will be an upper, in which folks will come together, figure out a way to buy the Chron and every other hurting paper in the nation, and we can all go drink champagne, along with our green beer. Which brings me to my dream of a world where everyone is literate and able to digest newspaper articles, online and in print.

Before we get to that, it’s worth reading David Carr’s analysis of the newspaper industry’s current problem. (Or at least, read Carr’s first suggestion, since research suggests that online readers only read part of an article before jumping to another link.)

Carr’s first suggestion–that there should be “no more free content”–is a tempting, but unlikely prospect, given that folks are already sucking for free on the Internet’s ever ready teat. Not unless someone sells the next generation and their parents on the need to pay for the news equivalent of an iPod– the “iPad,” if you will–if they want to avoid being brainwashed and brainshrunk by PR firms, Fox News and other celebrity news outlets.

Take, for instance, today’s second most read online story. It’s about Alaska Gov. Sarah Palin’s 18 year-old daughter Bristol breaking up with the father of her baby.

Now, while it’s true, as TMZ’s celebrity news guru Harvey Lezin points out, that stories about Rihanna raise “all kinds of issues about domestic violence,” (and therefore Bristol’s breakup raises all kinds of issues about the inefficacy of politicians who promote celibacy and oppose birth control, n’est-ce-pas?) does this mean that the future of the news industry hinges on the reality that most people really just want to sit and look at pictures and articles that prove that the stars really are just like them, black eyes, teenage pregnancies, and dating boys who aren’t ready to be men, and all?

And what about those folks who can’t afford a computer at home? Or like to read the newspaper in the bath? Can’t the newspaper industry find ways to reduce the cost of newsprint, so that print products remain fiscally viable? California is already talking about legalizing cannabis, so why not talk about hemp as a low cost, environmentally friendly alternative to cutting down trees for newsprint?

If you are reading this and thinking you have a better idea, great: come on down to the SF Public Library on Tuesday and share your hopes and fears. Journalists the world over will be glad to hear that you cared.