Elections

Dog eat dog

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Dog eat dog

arts@sfbg.com

THEATER Audiences arriving at Marin Theatre Company for director Timothy Douglas’ current, beautifully staged revival of Suzan-Lori Parks’ 2001 Pulitzer Prize–winning play, Topdog/Underdog, take in a shabby, dilapidated low-rent studio apartment with its meager and seedy furnishings. But looming overhead the whole time are the red-white-and-blue bunting of some half-forgotten political rally, depending from the flies amid three long strips sheared from the stars and stripes, hung equidistantly across the stage. These thin flags have tightened their belts, and look a bit dingy too, almost sepia-toned, and floating above the impoverished scene below somehow bring to mind that flag behind Ella Watson, the African American cleaning woman in Gordon Parks’ iconic Depression-era photograph, American Gothic, Washington, D.C.

If there’s thus a certain election-year ring to Mikiko Uesugi’s careful scenic design — present before the action even starts — it’s a sonorous and dissonant one, echoing back across a political past with a strange and disorienting nostalgia, a contaminated euphoria. What could be more appropriate?

http://www.youtube.com/watch?v=F0Xll3eZJ8Y

At a time when mainstream political reality seems feverishly bizarre, almost surreal, Parks’ drama endures as a shrewd poetical remix of American history, an elucidating fever dream in a realistic mode: two African American brothers respectively named Lincoln (Bowman Wright) and Booth (Biko Eisen-Martin) by a runaway father who apparently found it funny, share a precarious perch and a tainted patrimony in a poor part of a nameless city — where they act out an overlapping series of fated roles. These mix race, class, sex, family, and money as equal facets of a brutally antisocial system — a racket, in fact, high above (but qualitatively the same as) the Three-card Monte scheme at center of the story.

But in the brothers’ tragic and absurd destinies, half-grasped at best by the protagonists themselves, the play plumbs a deeper understanding too, a historical current churning and moving below everything — and in that understanding opens a sense of possibility.

The apartment is younger brother Booth’s roost, but Linc, as he’s called, is bringing home the bacon (or Chinese food) in exchange for crashing on the La-Z-Boy. Linc has been kicked out by now ex-wife Cookie (an offstage character symbolizing perhaps a kind of standard “fortune” for a married man without economic prospects, something akin to the ambiguous forecast Linc gets with his Chinese takeout: “Your luck will change”). Booth’s offstage love interest is named, with even more symbolic resonance, Grace. Early on, it’s clear she’s pretty much unattainable.

Booth wants knowledge from his brother, more than anything else. Linc was once famous on the streets as a master of the Three-card Monte hustle — which itself has nothing to do with luck — but has given up the cards in the wake of a guilt-ridden incident. Eager brother Booth (played by Eisen-Martin with a nicely coiled energy, dangerous and comically hapless at once) is dying to become a hustler himself, but his efforts to learn the ropes meet with resistance from his jaded, wary older brother (whom Wright imbues with a perfect combination of wistful compassion and alpha-male contempt).

For his part, Linc’s guilty conscience finds a kind of half-bitter contentment in his current job: impersonating his namesake at a carnival sideshow, where he daydreams as sitting duck in white-face Honest Abe drag, before a ready line of customer-assassins. Indeed, Linc’s first appearance onstage comes in the Lincoln get-up, an eerily comic site that already loads the naturalistic performances with dreamy intensity.

If Parks’ drama (which premiered off-Broadway in the summer of 2001) preceded everything from 9/11, the wars on Iraq and Afghanistan, Katrina, the financial crisis, worldwide protest movements against global capitalism and empire, and the advent of the country’s first African American president, MTC’s apt revival shows it more than keeps pace with the times as a gritty and gripping allegory of endemic, convoluted civil wars.

TOPDOG/UNDERDOG

Through Oct. 21, $36-$57

Marin Theatre Company

397 Miller, Mill Valley

www.marintheatre.org

 

Supervisors reinstate Mirkarimi, rejecting Lee’s interpretation of official misconduct

Sasha Cuttler
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Supervisors reinstate Mirkarimi, rejecting Lee’s interpretation of official misconduct

The Board of Supervisors has voted to reinstate Sheriff Ross Mirkarimi and reject the official misconduct charges that Mayor Ed Lee brought against Mirkarimi for grabbing and bruising his wife’s arm during a New Year’s Eve argument, for now ending an ugly saga that has polarized San Franciscans.

The vote was 7-4, two votes shy of the nine needed to sustain the charges and remove Mirkarimi, who now resumes the position voters elected him to in November with back pay going back to March when Lee suspended him. Sups. Christina Olague, David Campos, John Avalos, and Jane Kim voted in Mirkarimi’s favor, condemning the domestic violence incident but saying that it didn’t meet what is and should be a high and clear standard for overruling the will of voters, a concern also voiced by Sup. Mark Farrell. 

“I do take this job seriously, that we are public policy makers,” said Kim, a lawyer who emphasized their duty to set clear standards for officials during these unprecedented proceedings rather than being swayed by emotional responses to conduct by Mirkarimi that she called “incredibly egregious.”

But for most of the supervisors, that was enough. Sup. Eric Mar, who is in the middle of difficult reelection campaign against the more conservative and well-financed David Lee, said he thought is was important to have “zero tolerance” for domestic violence and his vote was “in the service of justice and a belief it will combat domestic violence.”

Earlier in the hearing, Kim had led the questioning of Deputy City Attorney Sherri Kaiser, whose broad interpretation of official misconduct standards and inability to set clear guidelines troubled Kim, just as it had earlier to Ethics Commission Chair Benedict Hur, the sole vote on that body against removal after it conducted six months worth of hearings.

“I agree with Chairman Hur, I think we need to take the most narrow view of official misconduct,” Kim said, echoing a point that had also been made by Campos, who quoted Hur’s comment from the Aug. 16 hearing where the commission voted 4-1 to recommend removal: “I have a lot of concern about where you draw the line if you don’t relate this to official duties.”

Farrell also shared that concern, which he raised in questioning Kaiser and during the final board deliberations almost seven grueling hours later. 

“I worry a great deal about the potential for abuse in this charter section,” Farrell said, warning this and future mayors to use great caution and restraint before bringing official misconduct charges. Yet he still found that the “totality of the circumstances” warranted removal because Mirkarimi had compromised his ability to be the top law enforcement officer.

Each supervisor expressed what a difficult and joyless decision this was, and even those who supported Mirkarimi strongly condemned his actions and the efforts by some of his supporters to minimize the seriousness of his actions and the need for him to change.

“I have tremendous mixed feelings about Ross Mirkarimi,” Avalos said, noting his many proud progressive accomplishments but adding, “I’ve always seen Ross as someone who has deep flaws….[This saga] offers a chance for personal transformation and I think that’s something Ross really needs to do.”

Mirkarimi seems humbled by the hearing, and the stinging criticism of his former colleagues and his one-time allies in the domestic violence community, and he pledged to work on “regaining their trust” as he tries to embody the city’s long-held value on redemption.

“I appreciate all the comments of by the Board of Supervisors and I hear the message. The next step is mending fences and moving forward,” Mirkarimi said. Later, he told reporters, “We’re absorbing all the comments that were made by the Board of Supervisors. They are my former colleagues and I take it very seriously.”

That need to heal the deep and emotional divide between San Franciscans who see this case in starkly different ways – which was on vivid display during the hours of public testimony – was sounded by several supervisors. “We will need to come together as a city on this,” Board President David Chiu said.

Most of those who spoke during the nearly four hours in public comments favored Mirkarimi and condemned the efforts to remove him as politically motivated, overly judgmental, and setting a dangerous precedent rather than resorting to usual method for removing politicians after a scandal: recall elections.

“If anything happens to the man, it should come back to me to make that decision. Don’t do their dirty work for them,” one commenter said.

The most politically significant person to speak during public comment was former Mayor Art Agnos, who said he was a friend and supporter of Mirkarimi, but he was more concerned with the scary implications of this decision. “I respectfully urge that this Board protect all elected officials from the dangerous discretion used in this case and reinstate Sheriff Ross Mirkarimi.”

Most of those who spoke against Mirkarimi were domestic violence advocates, who were adamant that Mirkarimi be removed, casting it as a litmus test for whether the city takes their issue seriously. “This is a disciplinary proceeding, it is not election stealing,” said Beverly Upton, head of the Domestic Violence Consortium, who has lead the campaign to oust Mirkarimi since the incident was made public.

But the two sides seemed to be speaking past one another, each expressing righteous indignation that people didn’t see the issue like they did, indicating how polarizing these long-lingering proceedings have become and how difficult to heal that rift may be.

“It made my stomach turn to hear some of the comments that were made,” Sup. Carmen Chu said, condemning the actions of Mirkarimi supporters in vocally or visibly supporting one another. “That was wrong, this is not a joyous event.”

Yet Farrell said he was also concerned that Mirkarimi’s opponents would go after supervisors who made a principled stand against removing him. “I hope no one takes pot shots at the people who voted against this,” he said.

That principled stand – condemning Mirkarimi’s behavior but having a high standard for removing an elected official – was a trail blazed by Hur, who opened the hearing by presenting the Ethics Commission’s findings and a decision that he was the sole vote against. He noted the “challenge of my presentation” but made careful efforts to accurately represent the views of the commission majority.

Yet he ended up using almost half of his time at the podium — his allotted 10 minutes plus a few extra minutes to respond to questions from supervisors — to stress the danger of broadly interpreting the city’s official misconduct language and not requiring direct connection to an official’s duties.

“Public policy suggests we should interpret this more narrowly than proposed by the majority,” Hur said, later adding that his colleagues on the commission “did not provide a clear basis for how official misconduct is delineated.”

When Sup. Malia Cohen asked what he meant by the “public policy” interest at stake here, he replied, “The need to have policies that are clear…It does benefit the public when the laws are clear.” (Cohen later voted to remove Mirkarimi, stating with little explanation, “I believe the reading of the charter is narrow and appropriately applied in this case.”)

The issue of what qualifies as official misconduct — and whether there is a predictable way for officials to know where that line is drawn, or whether it’s entirely up to the discretion of mayors — was also highlighted by Kaiser’s long presentation, but probably not in the way she intended.

Kaiser appealed to people’s sense of outrage about the initial arm-grab and subsequent guilty plea — claiming Mirkarimi “attacked his wife” and “this conduct was serious!” — and seemed to think that was an adequate test of whether bad behavior by an elected official warrants his unilateral removal from office.

Kaiser took issue with Hur’s contention that a lack of clear, limiting standards gives too much power to future mayors to remove their political enemies for minor incidents.

“The mayor certainly does not agree with Hur’s argument for a bright line rule,” Kaiser said. She mocked the notion that mayors would abuse this expanded power. “The check on that is the Ethics Commission, and the check on that is this body.” Kaiser’s position was that the statute should be read as broadly as possible and that the process should be trusted to protect against political manipulations.

But Chiu also took issue with that standard, saying “having clarity in the law seems to make sense” and asking Kaiser how officials can know what standards they’re expected to meet.

“I don’t agree and I didn’t mean to convey the standard is murky,” Kaiser replied, but as she tried to elaborate, her standard began to seem ever murkier.

“It depends on the circumstance,” Kaiser said. “But that doesn’t make it too vague to apply. It makes it more nimble.”

A nimble standard might suit mayors just fine, but the idea seemed to bother the supervisors, even Farrell, who told Kaiser that her position “seems to me very contradictory.”

At the end of the hearing, Campos returned to Kaiser’s “nimble” comment as a reason for rejecting that argument and Lee’s charges: “I don’t think the analysis made me comfort. She said the interpretation was nimble, but I don’t know the difference between nimble and vague, and I think they are one in the same.”

“Most cases will be clear, but there are decisions on the periphery,” Kaiser told Farrell during the earlier questioning, not making it clear which category she’d put the Mirkarimi case into.

Kim was the next to try to pin Kaiser down on whether there’s a discernible standard for the city to apply to this and future cases, saying she’d like to see a “bright line rule or a test.” Kaiser said that it depends on the office, but that a law enforcement officer shouldn’t commit a crime.

“Then any misdemeanor the sheriff pleads to is official misconduct, is that right?” Kim asked.

No, she said, the conduct must be while someone is in office — seemingly contradicting her earlier point – and found to be so by the board and commission. But then she said, “It is true that any misdemeanor relates to the duties of a sheriff.”

Kim persisted: “This is where I get stuck. When does it fall below the standard of decency?”

“The charter doesn’t answer that question. It’s a case-by-case determination,” Kaiser said.

“What’s to guide us in the future?” Kim asked.

But again, there was no clear answer, it’s simply for mayors to decide. “It is a discretionary decision,” Kaiser said.

Kim, a lawyer, questioned whether the stance by Kaiser and Lee could lead the courts to strike down the city’s untested statute. “Does that open us up to the vagueness issue, which would make the clause unconstitutional?” Kim asked.

But Kaiser said San Francisco voters wanted to give the mayor wide power to interpret misconduct when they approved the broad new official misconduct language in 1995, part of a complete overhaul of the City Charter.

“Voters made a considered choice to put suspend and remove procedures in the charter,” she said, trying to counter the argument that recall elections should be used to remove elected officials. “These suspension and removal procedure is more nimble. It’s less expensive than a recall.”

Yet with a final price tag expected to be in the millions of dollars and proceedings lasting seven months, it’s debatable whether this process was really cheaper and more nimble.

Mirkarimi attorney David Waggoner began his presentation by saying, “There’s no question that on Dec. 31, 2011, Ross Mirkarimi made a terrible mistake.”

But it was a mistake that Mirkarimi admitted to, accepted the criminal punishment that followed his guilty plea, endured a forced six-month separation from his family, had his job and salary taken from him, was the target of a media and political campaigns that have deeply damaged his reputation, “his entire life’s work was destroyed almost in an instant.” All for pleading to a low-level misdemeanor.

“At the end of the day, the punishment does not fit the crime,” Waggoner said.

He noted that just three elected officials have been removed for official misconduct in the city’s history, each time for serious felonies. But now, it’s being applied to a misdemeanor with arguments that broaden a mayor’s ability to remove political adversaries.

“You must decide whether to uphold or overturn the will of the voters,” Waggoner told the supervisors.

He even took a swipe at the domestic violence advocates who have led the campaign to remove Mirkarimi: “Ironically, the very advocates who should be defending Eliana Lopez have been attacking her.”

Taking over from Waggoner, Mirkarimi’s other attorney, Shepard Kopp, said Mirkarimi had no official duties before taking the oath of office, and the charter makes clear there needs to be connection. “It says misconduct has to occur while an official is in office.”

Kopp also brought the focus back to the precedent in this historic case. “The other problem with the mayor’s position is it doesn’t give you any guidance or future mayors any guidance,” Kopp said, later adding, “To follow the mayor’s position is not workable policy and it doesn’t have any support under the law.”

Supervisors questioned Kopp and Waggoner, but it didn’t seem to reveal any new insights, simply reinforcing their points that official misconduct should be a rarely used tool applied only to serious crimes.

In her final five-minute final rebuttal, rather than letting her co-counsel Peter Keith speak or trying to mitigate some of the damage from her earlier testimony, Kaiser seemed to double-down on her tactic of using emotional arguments rather than addressing legal standards for removal.

She alleged Mirkarimi’s team offered “a theory that domestic violence doesn’t matter if you’re sheriff,” prompting an audible negative reaction from the crowd that Chiu gaveled down. That reaction was even louder and more outraged when Kaiser implied Mirkarimi “threatens the life of a family member.”

Those sorts of characterizations fed much of the crowd’s stated belief that this case was a “political witchhunt” designed to destroy a progressive leader, and the opposition expressed to some domestic violence advocates testimony could be used against the larger progressive community.

But Agnos, who sat in the audience throughout the long hearing, told us the frustration was understandable. “The crowd, after nine months of agony, expressed a lot of emotions, and that is inherent in mass crowds,” he said. “They didn’t mean ill will to the domestic violence community. There was no malevolent intent there.”

Supervisors who voted to reinstate Mirkarimi said they want to make clear their commitment to combating domestic violence. “I worry that this case has set us back because of the tensions around how we responded,” Avalos said.

“I think it’s important that no matter how we feel about this that we come together as a city,” Campos said. “People on both sides have legitimate viewpoints on this issue.”

Stage Listings

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Stage listings are compiled by Guardian staff. Performance times may change; call venues to confirm. Reviewers are Robert Avila, Rita Felciano, and Nicole Gluckstern. Submit items for the listings at listings@sfbg.com. For further information on how to submit items for the listings, see Picks.

THEATER

OPENING

Love in the Time of Zombies Café Royale, 800 Post, SF; sftheaterpub.wordpress.com. Free ($5 donation suggested). Opens Mon/15, 8pm. Runs Mon-Tue, 8pm. Through Oct 30. San Francisco Theater Pub performs Kirk Shimano’s “rom-zom-com.”

The Scotland Company Exit Theatre, 156 Eddy, SF; www.thunderbirdtheatre.com. $15-25. Opens Thu/12, 8pm. Runs Thu-Sat, 8pm; Sun, 3pm. Through Oct 27. Thunderbird Theatre Company performs Jake Rosenberg’s new comedy.

“Strindberg Cycle: The Chamber Plays in Rep” Exit on Taylor, 277 Taylor, SF; www.cuttingball.com. $10-50 (festival pass, $75). Previews Fri/12-Sat/13, 8pm; Sun/14, 5pm (part one); Oct 25, 7:30pm and Oct 26, 8pm (part two); Nov 1, 7:30pm and Nov 2, 8pm (part three). Opens Oct 18, 7:30pm (part one); Oct 27, 8pm (part two); and Nov 3, 8pm (part three). Runs Thu, 7:30pm; Fri-Sat, 8pm (also Sat, 2pm); Sun, 5pm. Through Nov 18. Cutting Ball performs a festival of August Strindberg in three parts: The Ghost Sonata, The Pelican and The Black Glove, and Storm and Burned House.

BAY AREA

An Iliad Berkeley Repertory Theatre, Roda Theatre, 2015 Addison, Berk; www.berkeleyrep.org. $14.50-77. Previews Fri/12-Sat/13 and Tue/16, 8pm; Sun/14, 7pm. Opens Oct 17, 8pm. Runs Tue and Thu-Sat, 8pm (also Sat, 2pm); Wed and Sun, 7pm (also Sun, 2pm). Through Nov 11. Berkeley Rep performs Lisa Peterson and Denis O’Hare’s Homer-inspired tale.

Richard the First: Part One, Part Two, Part Three Berkeley City Club, 2315 Durant, Berk; www.centralworks.org. $14-25. Previews Fri/12, 8pm (part one); Sat/13, 8pm (part two); and Sun/14, 5pm (part three). Opens Oct 18, 8pm (part one); Oct 19, 8pm (part two); and Oct 20, 8pm (part three). Runs Thu-Sat, 8pm; Sun, 5pm (three-part marathon Sundays, Nov 11 and 18, 2, 5, 8pm). Through Nov 18. This Central Works Method Trilogy presents a rotating schedule of three plays by Gary Graves about the king known as “the Lionheart.”

ONGOING

Elect to Laugh Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. Tue, 8pm. Through Nov 6. $15-50. Veteran political comedian Will Durst emphasizes he’s watching the news and keeping track of the presidential race “so you don’t have to.” No kidding, it sounds like brutal work for anyone other than a professional comedian — for whom alone it must be Willy Wonka’s edible Eden of delicious material. Durst deserves thanks for ingesting this material and converting it into funny, but between the ingesting and out-jesting there’s the risk of turning too palatable what amounts to a deeply offensive excuse for a democratic process, as we once again hurtle and are herded toward another election-year November, with its attendant massive anticlimax and hangover already so close you can touch them. Durst knows his politics and comedy backwards and forwards, and the evolving show, which pops up at the Marsh every Tuesday in the run-up to election night, offers consistent laughs born on his breezy, infectious delivery. One just wishes there were some alternative political universe that also made itself known alongside the deft two-party sportscasting. (Avila)

Family Programming: An Evening of Short Comedic Plays Shelton Theater, 533 Sutter, SF; www.brownpapertickets.com. $20. Thu/11-Sat/13, 8pm. Left Coast Theatre Company performs short plays about gay and alternative families.

The Fifth Element: Live! Dark Room Theater, 2263 Mission, SF; www.darkroomsf.com. Fri-Sat, 8pm. Through Oct 27. Comedic adaptation of the 1997 Luc Besson sci-fi epic.

Foodies! The Musical Shelton Theater, 533 Sutter, SF; www.foodiesthemusical.com. $30-34. Fri-Sat, 8pm (no show Nov 17). Open-ended. AWAT Productions presents Morris Bobrow’s musical comedy revue all about food.

Geezer Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. $30-100. Sat, 8pm; Sun, 7pm. Through Nov 18. Geoff Hoyle’s popular solo show about aging returns.

Of Thee I Sing Eureka Theatre, 215 Jackson, SF; www.42ndstmoon.org. $25-75. Wed, 7pm; Thu-Fri, 8pm; Sat, 6pm (also Sat/13, 1pm); Sun, 3pm. Through Oct 21. 42nd Street Moon performs George and Ira Gershwin’s classic political satire.

The Play About the Baby Gough Street Playhouse, 1620 Gough, SF; www.custommade.org. $30. Thu/11-Sat/13, 8pm; Sun/14, 7pm. Custom Made Theatre presents Edward Albee’s devilishly funny 1998 play, an intriguing and gleefully idiosyncratic work about the brutality to which innocence is invariably subjected in this world. In a formal and thematic reshuffling of the Albee deck (from which he drew earlier gems like Who’s Afraid of Virginia Woolf? or The American Dream), the play offers two couples: Boy (Shane Rhoades) and Girl (Anya Kazimierski) — two innocents in the blush of first love who have just had a baby — and Man (Richard Aiello) and Woman (Linda Ayres-Frederick), a quippy, slightly sinister pair who intrude on the younger couple for initially undisclosed reasons. As much propositions as people (albeit lively ones), the characters move around a stage backed by a wall-full of assorted chairs (in Sarah Phykitt’s somewhat enigmatic scenic design) addressing each other and the audience by turns, the older ones prone to digressive monologues, the younger to ingenuous rapture, confusion, and finally (as their predicament becomes clear) anguish. The play’s oddball dialogue and intentional repetition demand a lot from a cast, however, and director Brian Katz gets uneven results from his. While Kazimierski offers a sure, buoyant performance as Girl, Rhodes wavers in his delivery, proving only occasionally convincing as Boy. Ayres-Frederickson exudes a nice, saucy, indomitable air as Woman, and Aiello is a pretty good match for her, despite a somewhat stilted start. But the effect overall is a little too erratic to avoid turning the play’s intentional repetitions into a slow-growing tedium. (Avila)

The Real Americans Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. $25-50. Fri, 8pm; Sat, 8:30pm. Extended through Oct 27. Dan Hoyle’s hit show, inspired by the people and places he encountered during his 100-day road trip across America in 2009, continues.

Roseanne: Live! Rebel, 1760 Market, SF; www.brownpapertickets.com. $25. Wed, 7 and 9pm (no shows Oct 31). Through Nov 14. Lady Bear, Heklina, D’Arcy Drollinger, and more star in this tribute to the long-running sitcom.

Shocktoberfest 13: The Bride of Death Hypnodrome, 575 10th St, SF; www.thrillpeddlers.com. $25-35. Thu-Sat, 8pm. Through Nov 17. Thrillpeddlers’ annual Halloween horror extravaganza features a classic Grand Guignol one-act and two world premiere one-acts, plus a blackout spook show finale.

The Strange Case of Citizen de la Cruz Bindlestiff Studio, 185 Sixth St, SF; www.bindlestiffstudio.org. Thu/11-Sat/13, 8pm. Bindlestiff Studio presents Luis Francia’s political thriller.

Twelfth Night San Francisco Maritime National Historic Park, Hyde Street Pier, 2905 Hyde, SF; www.weplayers.org. $30-80. Sat/13, 5:30pm. After spending the summer on Angel Island with their epic-scale production of The Odyssey, the We Players have scaled back with a lo-key rendition of Shakespeare’s Twelfth Night on Hyde Street Pier. Of course when it comes to the We Players, “scaled-back” still means a two-and-a-half hour long participatory jaunt taking place mainly along the length of the pier and aboard the historic ferryboat, the Eureka, which serves primarily as the residence of the grieving Illyrian Countess, Olivia (Clara Kamunde) around whose favors much of the plot revolves. Highlights of the experience include the opportunity to visit historic Hyde Street Pier, a gypsy-jazzy score directed by Charlie Gurke (who also plays the lovelorn Duke Orsino), and the rascally quartet of the prankish Maria (Caroline Parsons), jocular drunk Toby Belch (Dhira Rauch), clueless doofus Andrew Augecheek (Benjamin Stowe), and wise fool Feste (John Hadden). But as We Players productions go, this one feels less inspired in its staging, and much of the action merely shuffles back and forth on the Eureka without incorporating many of the intriguing nooks and views the Hyde Street Pier offers, despite a promising opening scene involving a beach and a rowboat. Also, uncharacteristically for We, the comic timing seemed to be off the evening I saw it, although both Stowe and Hadden ably conveyed their wit without a flaw. Dress warmly, carry a big flask, and you’ll be fine. (Gluckstern)

The Waiting Period Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. $15-50. Thu-Fri, 8pm; Sat, 5pm. Extended through Oct 27. Brian Copeland (comedian, TV and radio personality, and creator-performer of the long-running solo play Not a Genuine Black Man) returns to the Marsh with a new solo, this one based on more recent and messier events` in Copeland’s life. The play concerns an episode of severe depression in which he considered suicide, going so far as to purchase a handgun — the title coming from the legally mandatory 10-day period between purchasing and picking up the weapon, which leaves time for reflections and circumstances that ultimately prevent Copeland from pulling the trigger. A grim subject, but Copeland (with co-developer and director David Ford) ensures there’s plenty of humor as well as frank sentiment along the way. The actor peoples the opening scene in the gun store with a comically if somewhat stereotypically rugged representative of the Second Amendment, for instance, as well as an equally familiar “doood” dude at the service counter. Afterward, we follow Copeland, a just barely coping dad, home to the house recently abandoned by his wife, and through the ordinary routines that become unbearable to the clinically depressed. Copeland also recreates interviews he’s made with other survivors of suicidal depression. Telling someone about such things is vital to preventing their worst outcomes, says Copeland, and telling his own story is meant to encourage others. It’s a worthy aim but only a fitfully engaging piece, since as drama it remains thin, standing at perhaps too respectful a distance from the convoluted torment and alienation at its center. (Avila)

BAY AREA

Acid Test: The Many Incarnations of Ram Dass Marsh Berkeley, 2120 Allston, Berk; www.themarsh.org. $15-50. Thu-Fri, 8pm; Sat, 5pm. Through Nov 24. Lynne Kaufman’s new play stars Warren David Keith as the noted spiritual figure.

Assassins Ashby Stage, 1901 Ashby, Berk; www.shotgunplayers.org. $20-30. Wed-Thu, 7pm; Fri-Sat, 8pm; Sun, 5pm. Through Nov 11. Shotgun Players performs the Sondheim musical about John Wilkes Booth, Lee Harvey Oswald, and other famous Presidential killers (and would-be killers).

Hamlet Bruns Amphitheater, 100 California Shakespeare Theater Way, Orinda; www.calshakes.org. $35-71. Wed/10-Thu/11, 7:30pm; Fri/12-Sat/13, 8pm; Sun/14, 4pm. Liesl Tommy directs this season closer for Cal Shakes, a decidedly uneven and overall surprisingly bland production of one of Shakespeare’s most fascinating, affecting, and endlessly rich works. The best part of Tommy’s less-than-inspired hodgepodge production (summed up by the dry and cluttered swimming-pool set, albeit very nicely designed by Clint Ramos) is lead Leroy McClain, whose Hamlet is a vibrantly intelligent and charismatic force most of the time. He gets some fine support from Dan Hiatt as a comically pedantic but still sympathetically paternal Polonius, but there is precious little chemistry with either Ophelia (a nonetheless striking Zainab Jah) or faithless queen mother Gertrude (Julie Eccles). The rest of the cast is rarely more than dutiful. Meanwhile, the staging comes laden with some awkward and/or tired conceits: a small fish tank-like landscape inset into the back wall for an unraveling Ophelia; a gore-covered zombie-esque ghost (a flat Adrian Roberts, who also plays Claudius); or guards sporting submachine guns, which always looks ridiculous. Moreover, the language comes awkwardly modernized in places —substituting “dagger” for “bodkin” in a rather famous soliloquy, for example, seems unnecessary and is definitely distracting. Why not “submachine gun”? (Avila)

The Kipling Hotel: True Misadventures of the Electric Pink ’80s Marsh Berkeley, 2120 Allston, Berk; www.themarsh.org. $20-50. Sat/13, 8:30pm; Sun/14, 7pm. This new autobiographical solo show by Don Reed, writer-performer of the fine and long-running East 14th, is another slice of the artist’s journey from 1970s Oakland ghetto to comedy-circuit respectability — here via a partial debate-scholarship to UCLA. The titular Los Angeles residency hotel was where Reed lived and worked for a time in the 1980s while attending university. It’s also a rich mine of memory and material for this physically protean and charismatic comic actor, who sails through two acts of often hilarious, sometimes touching vignettes loosely structured around his time on the hotel’s young wait staff, which catered to the needs of elderly patrons who might need conversation as much as breakfast. On opening night, the episodic narrative seemed to pass through several endings before settling on one whose tidy moral was delivered with too heavy a hand, but if the piece runs a little long, it’s only the last 20 minutes that noticeably meanders. And even with some awkward bumps along the way, it’s never a dull thing watching Reed work. (Avila)

Sex, Slugs and Accordion Marsh Berkeley, 2120 Allston, Berk; www.themarsh.org. $10. Wed, 8pm. Through Nov 14. Jetty Swart, a.k.a. Jet Black Pearl, stars in this “wild and exotic evening of song.”

33 Variations TheatreWorks at the Mountain View Center for the Performing Arts, 500 Castro, Mtn View; www.theatreworks.org. $23-73. Tue-Wed, 7:30pm; Thu-Sat, 8pm (also Sat, 2pm); Sun, 2 and 7pm. Through Oct 28. TheatreWorks performs Moisés Kaufman’s drama about a contemporary musicologist struggling to solve one of Beethoven’s greatest mysteries, and a connecting story about the composer himself.

Topdog/Underdog Marin Theatre Company, 397 Miller, Mill Valley; www.marintheatre.org. $36-57. Tue and Thu-Sat, 8pm (also Thu/11, 1pm; Oct 20, 2pm); Wed, 7:30pm; Sun, 2 and 7pm. Through Oct 21. Marin Theatre Company performs Suzan-Lori Parks’ Pulitzer Prize winner about a contentious pair of brothers.

The World’s Funniest Bubble Show Marsh Berkeley, 2120 Allston, Berk; www.themarsh.org. $8-50. Sun, 11am; Nov 23-25, 11am. Through Nov 25. Louis “The Amazing Bubble Man” Pearl brings his lighter-than-air show back to the Marsh.

PERFORMANCE/DANCE

“Bi Curious Comedy Night” Deco Lounge, 510 Larkin, SF; www.decosf.com. Sun/14, 8pm. $10. With Nick Leonard, Kate Willet, Nicole Calasich, and more.

“Comedy Bodega” Esta Noche Nightclub, 3079 16th St, SF; www.comedybodega.com. Thu, 8pm. Ongoing. No cover (one drink minumum). This week: the San Francisco Comedy Burrito Festival.

“Gravity (and other large things)” NOHspace, 2840 Mariposa, SF; www.performancelab.org. Wed/10, Fri/12-Sat/13, and Oct 19-20, 8pm; Sun/14 and Oct 21, 4pm. $12-25. Right Brain Performancelab present this evening-length dance-theater piece.

“A New Anthropology of Asian-Black Relations” Garage, 715 Bryant, SF; www.brownpapertickets.com. Wed-Thu, 8pm. $10-20. Mash-up poetry installation, plus performance, by Kevin Simmonds.

Smuin Ballet Palace of Fine Arts Theatre, 3301 Lyon, SF; www.smuinballet.org. Thu/11-Sat/13, 8pm (also Sat/13, 2pm); Sun/14, 2pm. $25-65. The company performs its fall program, including West Coast premiere Cold Virtues.

“The Spooky Cabaret” Stage Werx, 446 Valencia, SF; www.wilywestproductions.com. Wed/10, 7:30pm. $10. ‘Tis the season for this fest of three full-length and five one-act plays with horror themes.

“Theatecture on UN Plaza” Civic Center, UN Plaza, Seventh St at Market, SF; www.ftloose.org. Tue/16, noon-2pm. Free. Outdoor performance of Mary Alice Fry’s Honeycomb Zone as part of the “24 Days of Central Market Arts Festival.”

PROJECT CENSORED 2012

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PROJECT CENSORED 2012

yael@sfbg.com

People who get their information exclusively from mainstream media sources may be surprised at the lack of enthusiasm on the left for President Barack Obama in this crucial election. But that’s probably because they weren’t exposed to the full online furor sparked by Obama’s continuation of his predecessor’s overreaching approach to national security, such as signing the 2012 National Defense Authorization Act, which allows the indefinite detention of those accused of supporting terrorism, even US citizens.

We’ll never know how this year’s election would be different if the corporate media adequately covered the NDAA’s indefinite detention clause and many other recent attacks on civil liberties. What we can do is spread the word and support independent media sources that do cover these stories. That’s where Project Censored comes in.

Project Censored has been documenting inadequate media coverage of crucial stories since it began in 1967 at Sonoma State University. Each year, the group considers hundreds of news stories submitted by readers, evaluating their merits. Students search Lexis Nexis and other databases to see if the stories were underreported, and if so, the stories are fact-checked by professors and experts in relevant fields.

A panel of academics and journalists chooses the Top 25 stories and rates their significance. The project maintains a vast online database of underreported news stories that it has “validated” and publishes them in an annual book. Censored 2013: Dispatches from the Media Revolution will be released Oct. 30.

For the second year in row, Project Censored has grouped the Top 25 list into topical “clusters.” This year, categories include “Human cost of war and violence” and “Environment and health.” Project Censored director Mickey Huff told us the idea was to show how various undercovered stories fit together into an alternative narrative, not to say that one story was more censored than another.

“The problem when we had just the list was that it did imply a ranking,” Huff said. “It takes away from how there tends to be a pattern to the types of stories they don’t cover or underreport.”

In May, while Project Censored was working on the list, another 2012 list was issued: the Fortune 500 list of the biggest corporations, whose influence peppers the Project Censored list in a variety of ways.

Consider this year’s top Fortune 500 company: ExxonMobil. The oil company pollutes everywhere it goes, yet most stories about its environmental devastation go underreported. Weapons manufacturers Lockheed Martin (58 on the Fortune list), General Dynamics (92), and Raytheon (117) are tied into stories about US prisoners in slavery conditions manufacturing parts for their weapons and the underreported war crimes in Afghanistan and Libya.

These powerful corporations work together more than most people think. In the chapter exploring the “Global 1 percent,” writers Peter Phillips and Kimberly Soeiro explain how a small number of well-connected people control the majority of the world’s wealth. In it, they use Censored story number 6, “Small network of corporations run the global economy,” to describe how a network of transnational corporations are deeply interconnected, with 147 of them controlling 40 percent of the global economy’s total wealth.

For example, Philips and Soeiro write that in one such company, BlackRock Inc., “The eighteen members of the board of directors are connected to a significant part of the world’s core financial assets. Their decisions can change empires, destroy currencies, and impoverish millions.”

Another cluster of stories, “Women and Gender, Race and Ethnicity,” notes a pattern of underreporting stories that affect a range of marginalized groups. This broad category includes only three articles, and none are listed in the top 10. The stories reveal mistreatment of Palestinian women in Israeli prisons, including being denied medical care and shackled during childbirth, and the rape and sexual assault of women soldiers in the US military. The third story in the category concerns an Alabama anti-immigration bill, HB56, that caused immigrants to flee Alabama in such numbers that farmers felt a dire need to “help farms fill the gap and find sufficient labor.” So the Alabama Department of Agriculture and Industries approached the state’s Department of Corrections about making a deal where prisoners would replace the fleeing farm workers.

But with revolutionary unrest around the world, and the rise of a mass movement that connects disparate issues together into a simple, powerful class analysis — the 99 percent versus the 1 percent paradigm popularized by Occupy Wall Street — this year’s Project Censored offers an element of hope.

It’s not easy to succeed at projects that resist corporate dominance, and when it does happen, the corporate media is sometimes reluctant to cover it. Number seven on the Top 25 list is the story of how the United Nations designated 2012 the International Year of the Cooperative, recognizing the rapid growth of co-op businesses, organizations that are part-owned by all members and whose revenue is shared equitably among members. One billion people worldwide now work in co-ops.

The Year of the Cooperative is not the only good-news story discussed by Project Censored this year. In Chapter 4, Yes! Magazine‘s Sarah Van Gelder lists “12 ways the Occupy movement and other major trends have offered a foundation for a transformative future.” They include a renewed sense of “political self-respect” and fervor to organize in the United States, debunking of economic myths such as the “American dream,” and the blossoming of economic alternatives such as community land trusts, time banking, and micro-energy installations.

They also include results achieved from pressure on government, like the delay of the Keystone Pipeline project, widespread efforts to override the US Supreme Court’s Citizens United ruling, the removal of dams in Washington state after decades of campaigning by Native American and environmental activists, and the enactment of single-payer healthcare in Vermont.

As Dr. Nafeez Mosaddeq Ahmed writes in the book’s foreword, “The majority of people now hold views about Western governments and the nature of power that would have made them social pariahs 10 or 20 years ago.”

Citing polls from the corporate media, Ahmed writes: “The majority are now skeptical of the Iraq War; the majority want an end to US military involvement in Afghanistan; the majority resent the banks and financial sector, and blame them for the financial crisis; most people are now aware of environmental issues, more than ever before, and despite denialist confusion promulgated by fossil fuel industries, the majority in the United States and Britain are deeply concerned about global warming; most people are wary of conventional party politics and disillusioned with the mainstream parliamentary system.”

“In other words,” he writes, “there has been a massive popular shift in public opinion toward a progressive critique of the current political economic system.”

And ultimately, it’s the public — not the president and not the corporations—that will determine the future. There may be hope after all. Here’s Project Censored’s Top 10 list for 2013:

 

1. SIGNS OF AN EMERGING POLICE STATE

President George W. Bush is remembered largely for his role in curbing civil liberties in the name of his “war on terror.” But it’s President Obama who signed the 2012 NDAA, including its clause allowing for indefinite detention without trial for terrorism suspects. Obama promised that “my Administration will interpret them to avoid the constitutional conflict” — leaving us adrift if and when the next administration chooses to interpret them otherwise. Another law of concern is the National Defense Resources Preparedness Executive Order that Obama issued in March 2012. That order authorizes the President, “in the event of a potential threat to the security of the United States, to take actions necessary to ensure the availability of adequate resources and production capability, including services and critical technology, for national defense requirements.” The president is to be advised on this course of action by “the National Security Council and Homeland Security Council, in conjunction with the National Economic Council.” Journalist Chris Hedges, along with co-plaintiffs including Noam Chomsky and Daniel Ellsberg, won a case challenging the NDAA’s indefinite detention clause on Sept. 1, when a federal judge blocked its enforcement, but her ruling was overturned on Oct. 3, so the clause is back.

 

2. OCEANS IN PERIL

Big banks aren’t the only entities that our country has deemed “too big to fail.” But our oceans won’t be getting a bailout anytime soon, and their collapse could compromise life itself. In a haunting article highlighted by Project Censored, Mother Jones reporter Julia Whitty paints a tenuous seascape — overfished, acidified, warming — and describes how the destruction of the ocean’s complex ecosystems jeopardizes the entire planet, not just the 70 percent that is water. Whitty compares ocean acidification, caused by global warming, to acidification that was one of the causes of the “Great Dying,” a mass extinction 252 million years ago. Life on earth took 30 million years to recover. In a more hopeful story, a study of 14 protected and 18 non-protected ecosystems in the Mediterranean Sea showed dangerous levels of biomass depletion. But it also showed that the marine reserves were well-enforced, with five to 10 times larger fish populations than in unprotected areas. This encourages establishment and maintenance of more reserves.

 

3. US DEATHS FROM FUKUSHIMA

A plume of toxic fallout floated to the US after Japan’s tragic Fukushima nuclear disaster on March 11, 2011. The US Environmental Protection Agency found radiation levels in air, water, and milk that were hundreds of times higher than normal across the United States. One month later, the EPA announced that radiation levels had declined, and they would cease testing. But after making a Freedom of Information Act request, journalist Lucas Hixson published emails revealing that on March 24, 2011, the task of collecting nuclear data had been handed off from the US Nuclear Regulatory Commission to the Nuclear Energy Institute, a nuclear industry lobbying group. And in one study that got little attention, scientists Joseph Mangano and Janette Sherman found that in the period following the Fukushima meltdowns, 14,000 more deaths than average were reported in the US, mostly among infants. Later, Mangano and Sherman updated the number to 22,000.

 

4. FBI AGENTS RESPONSIBLE FOR TERRORIST PLOTS

We know that FBI agents go into communities such as mosques, both undercover and in the guise of building relationships, quietly gathering information about individuals. This is part of an approach to finding what the FBI now considers the most likely kind of terrorists, “lone wolves.” Its strategy: “seeking to identify those disgruntled few who might participate in a plot given the means and the opportunity. And then, in case after case, the government provides the plot, the means, and the opportunity,” writes Mother Jones journalist Trevor Aaronson. The publication, along with the Investigative Reporting Program at the University of California-Berkeley, examined the results of this strategy, 508 cases classified as terrorism-related that have come before the US Department of Justice since the 9/11 terrorist attacks of 2001. In 243 of these cases, an informant was involved; in 49 cases, an informant actually led the plot. And “with three exceptions, all of the high-profile domestic terror plots of the last decade were actually FBI stings.”

 

5. FEDERAL RESERVE LOANED TRILLIONS TO MAJOR BANKS

The Federal Reserve, the US’s quasi-private central bank, was audited for the first time in its history this year. The audit report states, “From late 2007 through mid-2010, Reserve Banks provided more than a trillion dollars… in emergency loans to the financial sector to address strains in credit markets and to avert failures of individual institutions believed to be a threat to the stability of the financial system.” These loans had significantly less interest and fewer conditions than the high-profile TARP bailouts, and were rife with conflicts of internet. Some examples: the CEO of JP Morgan Chase served as a board member of the New York Federal Reserve at the same time that his bank received more than $390 billion in financial assistance from the Fed. William Dudley, who is now the New York Federal Reserve president, was granted a conflict of interest waiver to let him keep investments in AIG and General Electric at the same time the companies were given bailout funds. The audit was restricted to Federal Reserve lending during the financial crisis. On July 25, 2012, a bill to audit the Fed again, with fewer limitations, authored by Rep. Ron Paul, passed the House of Representatives. HR459 expected to die in the Senate, but the movement behind Paul and his calls to hold the Fed accountable, or abolish it altogether, seem to be growing.

 

6. SMALL NETWORK OF CORPORATIONS RUN THE GLOBAL ECONOMY

Reporting on a study by researchers from the Swiss Federal Institute in Zurich didn’t make the rounds nearly enough, according to Censored 2013. They found that, of 43,060 transnational companies, 147 control 40 percent of total global wealth. The researchers also built a model visually demonstrating how the connections between companies — what it calls the “super entity” — works. Some have criticized the study, saying control of assets doesn’t equate to ownership. True, but as we clearly saw in the 2008 financial collapse, corporations are capable of mismanaging assets in their control to the detriment of their actual owners. And a largely unregulated super entity like this is vulnerable to global collapse.

 

7. THE INTERNATIONAL YEAR OF COOPERATIVE

Can something really be censored when it’s straight from the United Nations? According to Project Censored evaluators, the corporate media underreported the UN declaring 2012 to be the International Year of the Cooperative, based on the coop business model’s stunning growth. The UN found that, in 2012, one billion people worldwide are coop member-owners, or one in five adults over the age of 15. The largest is Spain’s Mondragon Corporation, with more than 80,000 member-owners. The UN predicts that by 2025, worker-owned coops will be the world’s fastest growing business model. Worker-owned cooperatives provide for equitable distribution of wealth, genuine connection to the workplace, and, just maybe, a brighter future for our planet.

 

8. NATO WAR CRIMES IN LIBYA

In January 2012, the BBC “revealed” how British Special Forces agents joined and “blended in” with rebels in Libya to help topple dictator Muammar Gadaffi, a story that alternative media sources had reported a year earlier. NATO admits to bombing a pipe factory in the Libyan city of Brega that was key to the water supply system that brought tap water to 70 percent of Libyans, saying that Gadaffi was storing weapons in the factory. In Censored 2013, writer James F. Tracy makes the point that historical relations between the US and Libya were left out of mainstream news coverage of the NATO campaign; “background knowledge and historical context confirming Al-Qaeda and Western involvement in the destabilization of the Gadaffi regime are also essential for making sense of corporate news narratives depicting the Libyan operation as a popular ‘uprising.'”

 

9. PRISON SLAVERY IN THE US

On its website, the UNICOR manufacturing corporation proudly proclaims that its products are “made in America.” That’s true, but they’re made in places in the US where labor laws don’t apply, with workers often paid just 23 cents an hour to be exposed to toxic materials with no legal recourse. These places are US prisons. Slavery conditions in prisons aren’t exactly news. It’s literally written into the Constitution; the 13th Amendment, which abolished slavery, outlaws “ slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted.” But the article highlighted by Project Censored this year reveal the current state of prison slavery industries, and its ties to war. The majority of products manufactured by inmates are contracted to the Department of Defense. Inmates make complex parts for missile systems, battleship anti-aircraft guns, and landmine sweepers, as well as night-vision goggles, body army, and camouflage uniforms. Of course, this is happening in the context of record high imprisonment in the US, where grossly disproportionate numbers of African Americans and Latinos are imprisoned, and can’t vote even after they’re freed. As psychologist Elliot D. Cohen puts it in this year’s book: “This system of slavery, like that which existed in this country before the Civil War, is also racist, as more than 60 percent of US prisoners are people of color.”

 

10. HR 347 CRIMINALIZES PROTEST

HR 347, sometimes called the “criminalizing protest” or “anti-Occupy” bill, made some headlines. But concerned lawyers and other citizens worry that it could have disastrous effects for the First Amendment right to protest. Officially called the Federal Restricted Grounds Improvement Act, the law makes it a felony to “knowingly” enter a zone restricted under the law, or engage in “disorderly or disruptive” conduct in or near the zones. The restricted zones include anywhere the Secret Service may be — places such as the White House, areas hosting events deemed “National Special Security Events,” or anywhere visited by the president, vice president, and their immediate families; former presidents, vice presidents, and certain family members; certain foreign dignitaries; major presidential and vice presidential candidates (within 120 days of an election); and other individuals as designated by a presidential executive order. These people could be anywhere, and NSSEs have notoriously included the Democratic and Republican National Conventions, Super Bowls, and the Academy Awards. So far, it seems the only time HR 347 has kicked in is with George Clooney’s high-profile arrest outside the Sudanese embassy. Clooney ultimately was not detained without trial — information that would be almost impossible to censor — but what about the rest of us who exist outside of the mainstream media’s spotlight? A book release party will be held at Moe’s Books, 2476 Telegraph, in Berkeley, on Nov. 3. You can listen to Huff’s radio show Friday morning at 8pm on KPFA.

Is Obama in trouble?

Zelda Bronstein
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Is Obama in trouble?

There’s no doubt that Mitt Romney got a nice, juicy bounce from the first presidential debate. There’s no doubt that President Obama’s performance was so bad that even his friends call it a world-class fuckup.

Is it time to seriously start believing that if we don’t all get our shit together, we could be looking at this?

Well, yes and no.

Yes in the sense that momentum is a huge deal in a presidential race — the more it appears Obama might lose, the more money pours into the Romney camp and the more Romney partisans get active and the more the reluctant right that never really trusted him starts to perk up. The Obama folks hope the opposite happens — that fear will motivate a lot of progressives who’ve been pissed at the president to get back into the game.

But let’s remember — the winner in November will not be the one who finished first in the Gallup poll. This is not a national election. It’s a state-by-state election, for better or for worse, and the polling we ought to be looking at is in the swing states. And so far — even in the days right after the debae, when Romney was seeing the most dramatic improvement — the swing states are looking okay. Not great, but not a disaster.:

In what were the worst polling days for the president all cycle, the GOP’s hack pollster Rasmussen found Nevada tied 47-47, Obama up in Iowa 49-47, Obama up in Colorado 49-48, and Obama up in Ohio 50-49. He also found Romney up 49-47 in Florida and 49-48 in Virginia. PPP found Obama winning Virginia 50-47 and Wisconsin 49-47. Ann Selzer, one of the best pollsters in the biz, found Obama leading in Colorado 47-43.

Yes, the polls in Texas show even more support for Romney, and Obama’s support in California has softened a little, but that’s irrelevant — the only way the solid-color states are shifting columns is if something really cataclysmic happens.

Fox News thinks Romney has already won — but check out the popular vote v. the electoral vote rundown here. Romney’s got a nearly 50-50 chance of winning the popular vote — but his odds of winning the election are stil below 30 percent.

Just for fun, check out the second map here, which shows a plausible scenario for a deah heat, a tie that would be broken by the House of Representatives. Plausible, but pretty unlikely.

So don’t file your application for Canadian residency yet; Obama needs to fight back a little more and realize that this isn’t a time for nonpartisanship, but he’s still the odds-on favorite to win.

 

The Mirkarimi vote: Will there be some profiles of courage?

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(See the postscript for the Chronicle’s shameful crucifixion coverage of Mirkarimi and a timely, newsworthy oped it refused to run by Mirkarimi’s former girl friend. And how Chronicle columnist Debra Saunders ran the Nieves piece on her blog. Damn good for you, Debra Saunders.)

On Jan. 6, 2011, the Bay Citizen/New York Times broke a major investigative story headlined “Behind-the-Scenes Power Politics: The Making of Ed Lee.” The story by Gerry Shih detailed how then Mayor Gavin Newsom, ex-Mayor Willie Brown, and his longtime political ally Rose Pak orchestrated an “extraordinary political power play” to make Ed Lee the interim mayor to replace Newsom, the lieutenant governor-elect.

The story also outlined the start of a chain of events that leads to the vote by the San Francisco Board of Supervisors on Tuesday on whether Sheriff Ross Mirkarimi keeps his job.

Shih reported that “word had trickled out” that the supervisors had narrowed the list of interim candidates to three—then Sheriff Michael Hennessey, former Mayor Art Agnos, and Aaron Peskin, then chairman of the city’s Democratic party.  But the contenders “were deemed too liberal by Pak, Brown, and Newsom, who are more moderate.”

Over the next 48 hours, Pak, Brown, and the Newsom administration put together the play, “forging a consensus on the Board of Supervisors, outflanking the board’s progressive wing and persuading Lee to agree to become San Francisco’s first Asian-American mayor, even though he had told officials for months that he had no interest in the job,” Shih wrote.

The play was sold on the argument that Lee would be an “interim mayor” and that he would not run for mayor in the November election. The Guardian and others said at the time that the play most likely envisioned Lee saying, or lying, that he would not run for mayor and then, at the last minute, he would run and overpower the challengers as an incumbent with big downtown money behind him.  This is what happened. That is how Ed Lee, a longtime civil servant, became the mayor and that is how the Willie Brown/Rose Pak gang won the day for the PG&E/Chamber of Commerce/big developer bloc and thwarted the progressives.

Let us note that the other three interim candidates would most likely never have done what Lee did and suspend Mirkarimi for pleading guilty to misdemeanor false imprisonment in an arm-bruising incident with his wife Eliana. In fact, Hennessey supported Mirkarimi during the election and still does and says he is fit to do the job of sheriff. 

This was a political coup d’etat worthy of Abe Ruef, the City Hall fixer at the start of the century. “This was something incredibly orchestrated, and we got played,” Sup. John Avalos told Shih. Sup. Chris Daly was mad as hell and he voted for Rose Pak because, he told the Guardian, she was running everything in City Hall anyway. Significantly, the San Francisco Chronicle missed the story and ever after followed the line of its columnist/PG&E lobbyist Willie Brown and Pak by supporting Lee for mayor without much question or properly reporting the obvious power structure angles and plays.

This is the context for understanding a critical part of the ferocity of the opposition to Mirkarimi. As the city’s top elected progressive, he was a politician and force to be reckoned with. His inaugural address as sheriff  demonstrated his creative vision for the department and that he would ably continue the progressive tradition of Richard Hongisto and Hennessey. That annoyed the conservative law enforcement folks. He could be sheriff for a good long time, keep pushing progressive issues from a safe haven, and be in position to run for mayor when the time came. So he was a dangerous character.  

To take one major example, the  PG&E political establishment and others regard him as Public Enemy No. 1. Among other things, he managed as an unpaid volunteer two initiative campaigns during the Willie Brown era. They were aimed at kicking PG&E out of City Hall, enforcing the public power provisions of the federal Raker Act, and bringing  the city’s cheap Hetch Hetchy public power to its residents and businesses for the first time. (See Guardian stories since 1969 on the PG&E/Raker act scandal.)

He then took the public power issue into City Hall when he became a supervisor and aggressively led the charge for the community choice aggregation (cca) project.  His work was validated in the recent 8-3 supervisorial vote authorizing the city to start up a public power/clean energy program. This is the first real challenge ever to PG&E’s private power monopoly.

Significantly, Willie is now an unregistered $200,000 plus a year lobbyist for PG&E. He writes a column for the San Francisco Chronicle promoting, among other things, his undisclosed clients and allies and whacking Mirkarimi and the progressives and their issues on a regular basis.  And he is always out there, a phone call here, an elbow at a cocktail party there, to push his agenda.   The word is that he’s claiming he has the votes to fire Mirkarimi.

The point is that the same forces that put Lee into office as mayor are in large part the same forces behind what I call the political assassination of Mirkarimi.  And so, when the Mirkarimi incident emerged, there was an inexorable  march to assassination. Maximum resources and pressure from the police on Mirkarimi. And then maximum pressure from the District Attorney. And then maximum pressure from the judicial process (not even allowing  a change of venue for the case after the crucifixion media coverage.)  And then Lee calls Mirkarimi “a wife beater” and suspends him with cruel and unusual punishment: no pay for him, his family, his home, nor legal expenses for him or Eliana for the duration.

And then Lee pushes for maximum pressure from the City Attorney and the Ethics Commission to try Mirkarimi and force the crucial vote before the election to put maximum pressure on the supervisors. Obviously, the vote would be scheduled after the election if this were a fair and just process.

Lee, the man who was sold as consensus builder and unifier, has become a polarizer and punisher on behalf of the boys and girls  in the backroom.  

And so the supervisors are not just voting to fire the sheriff.  Mirkarimi, his wife Eliana, and son Theo, 3, have already paid a terrible price and, to their immense credit, have come back together as a family.

The supervisors got played last time and voted for a coup d’etat to make Lee the mayor, rout the progressives, and keep City Hall safe for Willie Brown and Rose Pak and friends.   This time the stakes are clear: the supervisors are now voting on the political assassination of the city’s top elected progressive and it’s once again aimed at helping keep City Hall safe for PG&E, the Chamber, and big developers.

The question is, will there be some profiles of courage this time around? b3

P.S.1  Julian Davis for District 5 supervisor: “Supes mum on sheriff,” read the Sunday Chronicle head. Nobody would say how he/she would vote. And poor Sup. Sean Elsbernd claimed that he would be “holed all Sunday in his office reading a table full of thick binders of official documents related to the case plus a few that he’s prepared for himself containing some case law.”  (Anybody wonder how he’s going to vote? Let’s have a show of hands.)  

The last time I saw Julian Davis he was holding a “Stand with Ross” sign at a Mirkarimi rally on the City Hall steps. With Davis, there would be no second guessing and hand wringing on how he would vote. That’s the problem now with so many neighborhood supervisors who go down to City Hall and vote with Willie and downtown. Davis would be a smart, dependable progressive vote in the city’s most progressive district (5), and a worthy successor to Matt Gonzalez and Ross Mirkarimi. If Davis were on the board now, I’m sure he would stand with Ross and speak for Ross, no ifs, ands, or buts. And his vote might be decisive.  

P.S. 2 The Chronicle’s  shameful crucifixion of Mirkarimi continues  The Chronicle has refused to run a timely and  newsworthy op ed piece from Evelyn Nieves, Mirkarimi’s former girl friend. She  wrote an op ed piece for the Chronicle four days before the Tuesday vote.  Nieves is an accomplished journalist who for several years was the San Francisco bureau chief for the New York Times.  She told me that she was notified Monday morning that the Chronicle didn’t have room for the op ed in Tuesday’s paper. I sent an email to John Diaz, Chronicle editorial page editor, and asked him why the Chronicle couldn’t run her op ed when the paper could run Willie Brown, the unregistered $200,000 plus PG&E lobbyist who takes regular whacks at Mirkarimi, as a regular featured column in its Sunday paper.  No answer at blogtime.

This morning, I opened up the Chronicle to find that the paper, instead of running the Nieves piece today or earlier,  ran an op ed titled “Vote to remove Mirkarmi,” from Kathy Black, executive director of the Casa de las Madres, the non profit group that advocates against domestic violence. It has been hammering Mirkarimi for months. On the page opposite, the Chron ran yet another lead editorial, urging the supervisors to “Take a Stand” and vote for removal because “San Francisco now needs its leaders to lead.” It was as if Willie was not only directing the Chronicle’s news operation but writing its editorials–and getting paid both by PG&E and the Chronicle.  And so the Chronicle started out with shameful crucifixion coverage of  Mirkarimi and then continued the shameful crucifixion coverage up until today. Read Nieves on Ross.

Well, the honor of the Chronicle was maintained by columnist Debra Saunders, virtually the Chroncle’s lone journalistic supporter of Mirkarmi during his ordeal. Many Chronicle staffers are privately supportive of Ross, embarrassed by Willie’s “journalism,” and critical of the way the Chronicle has covered Mirkarimi. Saunders posted the Nieves column her paper refused to print on her Chronicle blog. Damn good for you, Debra Saunders.  

 

 

We don’t feel “tepid” about either Nevius or Davis

Sasha Cuttler
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We don’t feel “tepid” about either Nevius or Davis

When we make our endorsements here at the Guardian, we try to be honest with our readers about each candidates’ strengths and weaknesses, allowing you to understand our thinking and to feel free to choose a different candidate if you disagree with our conclusions. After doing dozens of hours of endorsement interviews and research each election, we share as much as we can about what we know, warts and all.

Most San Franciscans understand this, knowing that we have a reputation for often giving even the candidates we endorse a black eye in the process (after all, we’re journalists, not partisans or campaign boosters), but apparently this decades-long practice is news to Chronicle columnist C.W. Nevius. He just wrote a blog post noting our “tepid” top endorsement of Julian Davis for District 5 supervisor.

As usual, this sports-turned-city columnist doesn’t know what he’s talking about – adding this to a whole heap of things that Nevius doesn’t understand but writes about anyway. Perhaps that’s to be expected from a political columnist who describes himself this way on his blog: “Movies, media, sports – and as little politics as possible. Light reading for those who follow the entertaining parts of life, but don’t take them too seriously.”

Well, we at the Guardian do take our politics rather seriously. And as we wrote in our editorial, we care a great deal about who represents the city’s most progressive district: “We hold this truth to be self-evident: District 5 is the heart of progressive San Francisco, the most left-leaning district in the city. The supervisor who represents the Haight, Western Addition, and Inner Sunset has to be a reliable part of the progressive community, someone who can be counted on to vote the right way pretty much 100 percent of the time. That’s what we’ve had since the return of district elections in 2000. ”

Nevius finds fault with our values, quipping, “so much for independent thinking.” Again, he doesn’t seem to understand the nature of representative democracy, particularly in our system of district elections. Voters cast their ballots for the people they think share their values and worldview, and who have the integrity to represent that perspective in the face of economic and political pressure. The “independent thinking” that Nevius values is necessarily unpredictable, unaccountable, and prone to pressure from powerful interests, something we’ve seen too much of in the last two years.

It was important to us that District 5 be represented by someone shares its values, which also happen to be the Guardian’s values, and not the reactionary approach of people like Nevius. We never doubted that Davis shares our values and has the willingness and ability to fight for them.

That isn’t a sign of being tepid, we were simply being honest, just as we were when we wrote that Davis has the “strongest progressive credentials” of any candidate in the race, and our belief that he has “tremendous political potential.” The Guardian and our endorsements can be called many things, but I really don’t think “tepid” is on that list.

David Lee and his landlord backers raise the stakes in District 1

Sasha Cuttler
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29

Realtors and commercial landlords have transformed the supervisorial race in District 1 into an important battle over rent control and tenants’ rights, despite their onslaught of deceptive mailers that have sought to make it about everything from potholes and the Richmond’s supposed decline to school assignments and economic development.

It’s bad enough that groups like the Coalition for Sensible Government – a front group for the San Francisco Association of Realtors, which itself is in the middle of internal struggles over its increasing dominance by landlords rather than Realtors – have been funding mailers attacking incumbent Eric Mar on behalf of downtown’s candidate: David Lee. Combined spending by Lee and on his behalf is now approaching an unheard of $400,000 (we’ll get more precise numbers tomorrow when the latest pre-election campaign finance statements are due).

What’s even more icky and unsettling is the fact that Lee – a political pundit who has been regularly featured in local media outlets in recent years, usually subtly attacking progressives while trying to seem objective – has refused to answer legitimate questions about his shady background and connections or the agenda he has for the city. He refused to come in for a Guardian endorsement interview or even to respond to our questions. His campaign manager, Thomas Li, told me Lee is too busy campaigning to answer questions from reporters, but he assured me that Lee will be more accessible and accountable once he’s elected.

Somehow, I don’t find that very reassuring. But I can understand why Lee is ducking questions and just hoping that the avalanche of mailers will be enough to win this one. In a city where two-thirds of residents rent, but where landlords control most of the city’s wealth, it’s politically risky to be honest about a pro-landlord agenda.

“It’s pretty clear that is a real estate-tenant battleground,” Ted Gullicksen, executive director of the San Francisco Tenants Union, told us. “District 1 is all about rent control, really. If David Lee wins, we’ll see the Board of Supervisors hacking away at rent control protections. The only question is whether it will be a severe hack or outright repeal.”

Real estate and development interests have already been able to win over Sups. Jane Kim and Christina Olague on key votes – and even Mar, who has disappointed many progressives on some recent votes, which many observers believe is the result of the strong challenge by Lee and his allies – but an outright flip of District 1 could really be dangerous.

“I want people to know how high the stakes are in this election. I want people to know that outside special interests are trying to buy this election,” Mar told us.

Mar is far from perfect, but at least he’s honest and accessible. With all the troublesome political meddling that we’ve seen in recent years from Willie Brown and Rose Pak on behalf of their corporate clients, particularly commercial landlords – which has been a big issue in District 5 this election and the mayor’s race last year – progressives were disturbed by rumors that Pak is helping Mar.

When we asked him about it, he didn’t deny it or evade the issue. “Yes, I have the support of just about all the Chinatown leaders, including Rose Pak,” Mar told us. “I’m proud to have a strong Chinese base of support.”

When asked about that support and how it will shape his votes, Mar noted that he also has strong support from labor and progressives, and that he will be far stronger on development and tenants issues than Lee. “I view myself as an independent, thoughtful supervisor who works very hard for the neighborhood,” Mar said. “There’s an accusation [in mailers paid for the Realtors] that the Richmond has become unlivable, and that’s just not true.”

We have a stack of official documents showing how Lee has used his Chinese-American Voter Education Project and his appointment to the Recreation and Parks Commission to personally enrich himself and his wife, using donations from rich corporations and individuals whose bidding he then does, and we mentioned some of that in our endorsements this week. We’ll continue seeking answers from Lee and his allies about their agenda for the city.

In fact, just as I was writing this post, Lee sent a message to supporters responding to our editorial and other efforts to raise these issues. “I know it is shocking, but while working as a full-time employee for CAVEC for the last twenty years, I was paid a salary. But let me tell you this was no six figure job with benefits,” he wrote. Actually, CAVEC’s federal 990 form shows he was paid $90,000 per year, while his wife, Jing Lee, was paid up to $65,000 per year as “program director” up until 2006. 

“We did not receive any money from the government. All of our activities were funded by private donations and grants and our finances were audited on a regular basis,” Lee wrote, not noting that he has refused to make public a full list of his donors, although we know from a 2001 report in Asian Week that they included Chevron, Wells Fargo, Anheuser-Busch, Bank of America, Marriott, Levi Strauss, Norcal Waste Management (now known as Recology), State Farm, and the late philanthropist Warren Hellman, who at the time was funding downtown attacks on progressives through groups including the Committee on Jobs.

District 1 has always been an important San Francisco battleground. During the decade that progressives had a majority on the Board of Supervisors, District 1 was represented first by Jake McGoldrick and then by Mar. Neither McGoldrick nor Mar always voted with the progressives, yet McGoldrick had to endure two failed recall drives funded by business and conservative interests.

Now, they have increased their bet, raising the question that President Barack Obama posed in last night’s presidential debate: “Are we going to double down on the top down policies that got us into this mess?”

Let’s hope not.

Obama choked. Big time.

Zelda Bronstein
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Obama choked. Big time.

I realize Romney lied, over and over. I realize that the Democrats are trying to point that out, and the president is trying to spin his way out of it. And some people actually think Obama “won” the debate. But debates are about image as well as substance, about appearing confident and presidential — and speaking in a way that reaches the average undecided voter. That means using stories and simplifying things and delivering information in an understandable, linear way. Romney did that, beautifully. Obama did not.

I kept trying to find reasons to think Obama was doing well, but after an hour or so it was like watching a bad boxing match where one of the fighters is so punch drunk you with the ref would just step in and end it. And that’s scary — Romney is a dangerous candidate whose vision for the nation is as bad as GW Bush. Our guy needs to do a little better here.

And the killer is, he could have done it so easily:

Obama let him sail through 90 minutes with no mention of General Motors, choice, the 47%, union rights, dumping patients in the emergency room, the phony $716 million cut in Medicare, privatizing Social Security, Paul Ryan’s budget, Bain — you name it.

It’s disturbing — Obama can be such an inspiring speaker.I don’t think he lost the election last night — nothing that dramatic happened. But he could have pretty much clinched the victory if he’d been on his game.

And next time, can we have a real moderator who doesn’t let Romney stomp on him like last year’s grapes?

 

 

Endorsements 2012: San Francisco propositions

Andrew Lam
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Endorsements 2012: San Francisco propositions

PROPOSITION A

CITY COLLEGE PARCEL TAX

YES

The scathing accreditation report by the Western Association of Schools talks about governance problems at the San Francisco Community College District — a legitimate matter of concern. But most of what threatens the future of City College is a lack of money.

Check out the accreditation letter; it’s on the City College website. Much of what it says is that the school is trying to do too much with limited resources. There aren’t enough administrators; that’s because, facing 20 percent cuts to its operating budget, the college board decided to save front-line teaching jobs. Student support services are lacking; that’s because the district can barely afford to keep enough classes going to meet the needs of some 90,000 students. On the bigger picture, WASC and the state want City College to close campuses and concentrate on a core mission of offering two-year degrees and preparing students to transfer to four-year institutions. That’s because the state has refused to fund education at an adequate level, and there’s not enough money to both function as a traditional junior college and serve as the training center for San Francisco’s tech, hospitality and health-care industry, provide English as a second language classes to immigrants and offer new job skills and rehabilitation to the workforce of the future.

It’s fair to say that WASC would have found some problems at City College no matter what the financial situation (and we’ve found more — the nepotism and corruption under past boards has been atrocious). But the only way out of this mess is either to radically scale back the school’s mission — or to increase its resources. We support the latter alternative.

Prop. A is a modest parcel tax — $79 dollars a year on each property lot in the city. Parcel taxes are inherently unfair — a small house in Hunters Point pays as much as a mansion in Pacific Heights or a $500 million downtown office building. But that’s the result of Prop. 13, which leaves the city very few ways to raise taxes on real property. In the hierarchy of progressive tax options, parcel taxes are better than sales taxes. And the vast majority of San Francisco homeowners and commercial property owners get a huge benefit from Prop. 13; a $6 a month additional levy is hardly a killer.

The $16 million this tax would raise annually for the district isn’t enough to make up for the $25 million a year in state budget cuts. But at least the district would be able to make reasonable decisions about preserving most of its mission. This is one of the most important measures on the ballot; vote yes.

PROPOSITION B

PARKS BOND

YES

There are two questions facing the voters: Does the San Francisco Recreation and Parks Department need money to fix up badly decrepit, sometimes unsafe facilities, and build out new park areas, particularly in underserved neighborhoods? Has the current administration of the department so badly mismanaged Rec-Park, so radically undermined the basic concept of public access to public space, so utterly alienated neighborhoods and communities all over the city, that it shouldn’t be trusted with another penny?

And if your answer to both is yes, how the hell do you vote on Prop. B?

It’s a tough one for us. The Guardian has never, in 46 years, opposed a general obligation bond for anything except jail or prisons. Investing in public infrastructure is a good thing; if anything, the cautious folks at City Hall, who refuse to put new bonds on the ballot until old ones are paid off, are too cautious about it. Spending public money (paid by increased property taxes in a city where at least 90 percent of real estate is way under taxed thanks to Prop. 13) creates jobs. It’s an economic stimulus. It adds to the value of the city’s resources. In this case, it fixes up parks. All of that is good; it’s hard to find a credible case against it.

Except that for the past few years, under the administrations of Mayors Gavin Newsom and Ed Lee and the trusteeship of Rec-Park Directors Jared Blumenfeld and Phil Ginsburg, the city has gone 100 percent the wrong way. Parks are supposed to be public resources, open to all; instead, the department has begun charging fees for what used to be free, has been turning public facilities over to private interests (at times kicking the public out), and has generally looked at the commons as a source of revenue. It’s a horrible precedent. It makes us sick.

Ginsburg told us that he’s had no choice — deep budget cuts have forced him to look for money wherever he can find it, even if that means privatizing the parks. But Ginsburg also admitted to us that, even as chief of staff under Newsom, he never once came forward to push for higher taxes on the wealthy, never once suggested that progressive revenue sources might be an option. Nor did any of the hacks on the Rec-Park Commission. Instead, they’ve been busy spending tens of thousands of dollars on an insane legal battle to evict the Haight Ashbury Neighborhood Council’s recycling center — entirely because rich people in the Haight don’t want poor people coming through their elite neighborhood to cash in bottles and cans for a little money.

So now we’re supposed to cough up another $195 million to enable more of this?

Well, yes. We’re not happy to be endorsing Prop. B, but the bottom line is simple: The bond money will go for things that need to be done. There are, quite literally, parks in the city where kids are playing in unsafe and toxic conditions. There are rec centers that are pretty close to falling apart. Those improvements will last 50 years, well beyond the tenure of this mayor of Rec-Park director. For the long-term future of the park system, Prop. B makes sense.

If the measure fails, it may send Lee and Ginsburg a message. The fact that so many neighborhood leaders are opposing it has already been a signal — one that so far Ginsburg has ignored. We’re going Yes on B, with all due reservations. But this commission has to go, and the sooner the supervisors can craft a charter amendment to give the board a majority of the appointments to the panel the better.+

PROPOSITION C

AFFORDABLE HOUSING TRUST FUND

YES

This measure is about who gets to live in San Francisco and what kind of city this will be in 20 years. If we leave it up to market forces and the desires of developers, about 85 percent of the housing built in San Francisco will be affordable only by the rich, meaning the working class will be forced to live outside the city, clogging regional roadways and transit systems and draining San Francisco of its cultural diversity and vibrancy. And that process has been accelerated in recent years by the latest tech bubble, which city leaders have decided to subsidize with tax breaks, causing rents and home prices to skyrocket.

Mayor Ed Lee deserves credit for proposing this Housing Trust Fund to help offset some of that impact, even if it falls way short of the need identified in the city’s Housing Element, which calls for 60 percent of new housing construction to be affordable to prevent gentrification. We’re also not thrilled that Prop. C actually reduces the percentage of housing that developers must offer below market rates and prevents that 12 percent level from later being increased, that it devotes too much money to home ownership assistance at the expense of the renters who comprise the vast majority of city residents, and that it depends on the passage of Prop.E and would take $15 million from the increased business taxes from that measure, rather than restoring years of cuts to General Fund programs.

But Prop. C was a hard-won compromise, with the affordable housing folks at the table, and they got most of what they wanted. (Even the 12 percent has a long list of exceptions and thus won’t apply to a lot of new market-rate housing.) And it has more chance of actually passing than previous efforts that were opposed by the business community and Mayor’s Office. This measure would commit the city to spending $1.5 billion on affordable housing projects over the next 30 years, with an initial $20 million annual contribution steadily growing to more than $50 million annually by 2024, authorizing and funding the construction of 30,000 new rental units throughout the city. With the loss of redevelopment funds that were devoted to affordable housing, San Francisco is a city at risk, and passage of Prop. C is vital to ensuring that we all have a chance of remaining here. Vote yes.

PROPOSITION D

CONSOLIDATING ODD-YEAR LOCAL ELECTIONS

YES

There’s a lot of odd stuff in the San Francisco City Charter, and one of the twists is that two offices — the city attorney and the treasurer — are elected in an off-year when there’s nothing else on the ballot. There’s a quaint kind of charm to that, and some limited value — the city attorney is one of the most powerful officials in local government, and that race could get lost in an election where the mayor, sheriff, and district attorney are all on the ballot.

But seriously: The off-year elections have lower turnout, and cost the city money, and it’s pretty ridiculous that San Francisco still does it this way. The entire Board of Supervisors supports Prop. D. So do we. Vote yes.

PROPOSITION E

GROSS RECEIPTS TAX

YES

Over the past five years, Board of Supervisors President David Chiu estimates, San Francisco has cut about $1.5 billion from General Fund programs. It’s been bloody, nasty, awful. The budget reductions have thrown severely ill psych patients out of General Hospital and onto the streets. They’ve forced the Recreation and Parks Department to charge money for the use of public space. They’ve undermined everything from community policing to Muni maintenance.

And now, as the economy starts to stabilize a bit, the mayor wants to change the way businesses are taxed — and bring an additional $28.5 million into city coffers.

That’s right — we’ve cut $1.5 billion, and we’re raising taxes by $28.5 million. That’s less than 2 percent. It’s insane, it’s inexcusable, it’s utterly the wrong way to run a city in 2012. It might as well be Mitt Romney making the decision — 98 percent cuts, 2 percent tax hikes.

Nevertheless, that’s where we are today — and it’s sad to say this is an improvement from where the tax discussion started. At first, Mayor Lee didn’t want any tax increase at all; progressive leaders had to struggle to convince him to allow even a pittance in additional revenue.

The basic issue on the table is how San Francisco taxes businesses. Until the late 1990s, the city had a relatively rational system — businesses paid about 1.5 percent of their payroll or gross receipts, whichever was higher. Then 52 big corporations, including PG&E, Chevron, Bechtel, and the Gap, sued, arguing that the gross receipts part of the program was unfair. The supervisors caved in to the legal threat and repeal that part of the tax system — costing the city about $30 million a year. Oh, but then tech companies — which have high payrolls but often, at least at first, low gross receipts — didn’t want the payroll tax. The same players who opposed the other tax now called for its return, arguing that taxing payroll hurts job growth (which is untrue and unfounded, but this kind of dogma doesn’t get challenged in the press). So, after much discussion and debate, and legitimate community input, the supervisors unanimously approved Prop. E — which raises a little more money, but not even as much as the corporate lawsuit in the 1990s set the city back. It’s not a bad tax, better than the one we have now — it brings thousands of companies the previously paid no tax at all into the mix (sadly, some of them small businesses). It’s somewhat progressive — companies with higher receipts pay a higher rate. We can’t argue against it — the city will be better off under Prop. E than it is today. But we have to look around our battered, broke-ass city, shake our poor bewildered heads and say: Is this really the best San Francisco can do? Sure, vote yes on E. And ask yourself why one of the most liberal cities in America still lets Republican economic theory drive its tax policy.

PROPOSITION F

WATER AND ENVIRONMENT PLAN

NO, NO, NO

Reasonable people can disagree about whether San Francisco should have ever dammed the Tuolumne River in 1923, flooding the Hetch Hetchy Valley and creating an engineering marvel that has provided the city with a reliable source of renewable electricity and some of the best urban drinking water in the world ever since. The project broke the heart of famed naturalist John Muir and has caused generations since then to pine for the restoration of a valley that Muir saw as a twin to his beloved nearby Yosemite Valley.

But at a time when this country can’t find the resources to seriously address global warming (which will likely dry up the Sierra Nevada watershed at some point in the future), our deteriorating infrastructure, and myriad other pressing problems, it seems insane to even consider spending billions of dollars to drain this reservoir, restore the valley, and find replacement sources of clean water and power.

You can’t argue with the basic facts: There is no way San Francisco could replace all the water that comes in from Hetch Hetchy without relying on the already-fragile Delta. The dam also provides 1.7 billion kilowatt hours a year of electric power, enough to meet the needs of more than 400,000 homes. That power now runs everything from the lights at City Hall to Muni, at a cost of near zero. The city would lose 42 percent of its energy generation if the dam went away.

Besides, the dam was, and is, the lynchpin of what’s supposed to be a municipal power system in the city. As San Francisco, with Clean Power SF, moves ever close to public power, it’s insane to take away this critical element of any future system.

On its face, the measure merely requires the city to do an $8 million study of the proposal and then hold a binding vote in 2016 that would commit the city to a project estimated by the Controller’s Office to cost somewhere between $3 billion and $10 billion. Yet to even entertain that possibility would be a huge waste of time and money.

Prop. F is being pushed by a combination of wishful (although largely well-meaning) sentimentalists and disingenuous conservatives like Dan Lungren who simply want to fuck with San Francisco, but it’s being opposed by just about every public official in the city. Vote this down and let’s focus our attention on dealing with real environmental and social problems.

PROPOSITION G

CORPORATE PERSONHOOD

YES

If San Francisco voters pass Prop. G, it won’t put any law into effect. It’s simply a policy statement that sends a message: Corporations are not people, and it’s time for the federal government to tackle the overwhelming and deeply troubling control that wealthy corporations have over American politics.

Prop. G declares that money is not speech and that limits on political spending improve democratic processes. It urges a reversal of the notorious Citizens United vs. Federal Elections Commission Supreme Court decision.

A constitutional amendment, and any legal messing with free speech, has serious potential problems. If corporations are limited from spending money on politics, could the same apply to unions or nonprofits? Could such an amendment be used to stop a community organization from spending money to print flyers with political opinions?

But it’s a discussion that the nation needs to have, and Prop. G is a modest start. Vote yes.

Stage Listings

Andrew Lam
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0

Stage listings are compiled by Guardian staff. Performance times may change; call venues to confirm. Reviewers are Robert Avila, Rita Felciano, and Nicole Gluckstern. Submit items for the listings at listings@sfbg.com. For further information on how to submit items for the listings, see Picks.

THEATER

OPENING

The Fifth Element: Live! Dark Room Theater, 2263 Mission, SF; www.darkroomsf.com. Opens Fri/5. Runs Fri-Sat, 8pm. Through Oct 27. Comedic adaptation of the 1997 Luc Besson sci-fi epic.

Geezer Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. $30-100. Opens Sat/6, 8pm. Runs Sat, 8pm; Sun, 7pm. Through Nov 18. Geoff Hoyle’s popular solo show about aging returns.

Of Thee I Sing Eureka Theatre, 215 Jackson, SF; www.42ndstmoon.org. $25-75. Previews Wed/3, 7pm; Thu/4-Fri/5, 8pm. Opens Sat/6, 6pm. Runs Wed, 7pm; Thu-Fri, 8pm; Sat, 6pm (also Oct 13, 1pm); Sun, 3pm. Through Oct 21. 42nd Street Moon performs George and Ira Gershwin’s classic political satire.

BAY AREA

Acid Test: The Many Incarnations of Ram Dass Marsh Berkeley, 2120 Allston, Berk; www.themarsh.org. $15-50. Opens Thu/4, 8pm. Runs Thu-Fri, 8pm; Sat, 5pm. Through Nov 24. Lynne Kaufman’s new play stars Warren David Keith as the noted spiritual figure.

Sex, Slugs and Accordion Marsh Berkeley, 2120 Allston, Berk; www.themarsh.org. $10. Opens Wed/3, 8pm. Runs Wed, 8pm. Through Nov 14. Jetty Swart, a.k.a. Jet Black Pearl, stars in this “wild and exotic evening of song.”

33 Variations TheatreWorks at the Mountain View Center for the Performing Arts, 500 Castro, Mtn View; www.theatreworks.org. $23-73. Previews Wed/3-Fri/5, 8pm. Opens Sat/6, 8pm. Runs Tue-Wed, 7:30pm; Thu-Sat, 8pm (also Sat, 2pm); Sun, 2 and 7pm. Through Oct 28. TheatreWorks performs Moisés Kaufman’s drama about a contemporary musicologist struggling to solve one of Beethoven’s greatest mysteries, and a connecting story about the composer himself.

The World’s Funniest Bubble Show Marsh Berkeley, 2120 Allston, Berk; www.themarsh.org. $8-50. Opens Sun/7, 11am. Runs Sun, 11am; Nov 23-25, 11am. Through Nov 25. Louis “The Amazing Bubble Man” Pearl brings his lighter-than-air show back to the Marsh.

ONGOING

Elect to Laugh Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. Tue, 8pm. Through Nov 6. $15-50. Veteran political comedian Will Durst emphasizes he’s watching the news and keeping track of the presidential race “so you don’t have to.” No kidding, it sounds like brutal work for anyone other than a professional comedian — for whom alone it must be Willy Wonka’s edible Eden of delicious material. Durst deserves thanks for ingesting this material and converting it into funny, but between the ingesting and out-jesting there’s the risk of turning too palatable what amounts to a deeply offensive excuse for a democratic process, as we once again hurtle and are herded toward another election-year November, with its attendant massive anticlimax and hangover already so close you can touch them. Durst knows his politics and comedy backwards and forwards, and the evolving show, which pops up at the Marsh every Tuesday in the run-up to election night, offers consistent laughs born on his breezy, infectious delivery. One just wishes there were some alternative political universe that also made itself known alongside the deft two-party sportscasting. (Avila)

Family Programming: An Evening of Short Comedic Plays Shelton Theater, 533 Sutter, SF; www.brownpapertickets.com. $20. Thu-Sat, 8pm. Through Oct 13. Left Coast Theatre Company performs short plays about gay and alternative families.

Foodies! The Musical Shelton Theater, 533 Sutter, SF; www.foodiesthemusical.com. $30-34. Previews Fri/5, 8pm. Opens Sat/6, 8pm. Runs Fri-Sat, 8pm (no show Nov 17). Open-ended. AWAT Productions presents Morris Bobrow’s musical comedy revue all about food.

The Normal Heart American Conservatory Theater, 415 Geary, SF; www.act-sf.org. $25-95. Wed/3-Sat/6, 8pm (also Sat/6, 2pm); Sun/7, 2pm. Three decades after the onset of the AIDS epidemic — today affecting and killing millions across the globe — playwright and ACT UP founder Larry Kramer’s 1985 autobiographical docudrama of the first years and victims of the crisis in New York City proves still relevant and powerful in this spirited 2011 Tony Award–winning Broadway revival, under direction by George C. Wolfe, now up at American Conservatory Theater in an ACT-Arena Stage co-presentation. Centering on the grassroots response to official inaction amid the homophobic status quo — in particular, the founding of a small but determined HIV advocacy group by Ned Weeks (Kramer’s stand-in, played brilliantly by Patrick Breen) and others — The Normal Heart also roots itself in a set of characters and fraught personal relationships as Weeks’s brash, confrontational style progressively alienates him from his brethren and more accommodating (or closeted) allies. It’s a play that really shouldn’t work so well, given its message-driven and inevitably self-serving structure, but it nevertheless does — in part because the urgency behind it remains, and the eerie confusion and unforgivable official neglect of those early years carry even more weight with tragedy-laden hindsight. Kramer also crafts some affecting scenes and some rousingly fiery monologues (not just for Weeks, and all expertly delivered by the sharp cast) that underscore a time when history, as it is wont to do, put forward fervent loudmouths and nonconformists as the necessary agents of resistance and change. (Avila)

The Other Place Magic Theatre, Fort Mason Center, Bldg D, Third Flr, SF; www.magictheatre.org. $22-62. Wed/3-Sat/6, 8pm (also Wed/3, 2:30pm); Sun/7, 7pm. A middle-aged scientist named Juliana (Henny Russell) finds herself marooned inside her own rapidly unraveling mind in the West Coast premiere of this occasionally intriguing but finally unconvincing psychological drama of madness and grief by Sharr White (Annapurna). Describing an “episode” she suffered while presenting a major new dementia treatment to an audience of doctors and sales reps in the Bahamas, Juliana soon proves an unreliable narrator, as estranged husband Ian (Donald Sage Mackay) challenges her on some basic facts — including her claim to be in phone contact with their long-lost daughter (Carrie Paff) and Juliana’s disgraced former post-doc (Patrick Russell). The mystery here has to do with another “episode” altogether, one that took place at the couple’s Cape Cod summer home years before, which has left Juliana and Ian bereft and now on the verge of divorce. As Juliana slides back and away to “the other place,” we understand the mistakes this supposedly brilliant but also flawed woman has made, and the emotional logic of her mind’s drift. Not a bad premise, but it also feels contrived, with dialogue straining after tension and wit that are too often not there. Helmed by artistic director Loretta Greco, the action unfolds at almost too regular a clip, leaving little room for rumination — no doubt a stylistic choice but one which undercuts what modest force there is in the play’s dynamics, which anyway serve a rather sentimental storyline about loss and forgiveness. (Avila)

The Real Americans Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. $25-50. Fri, 8pm; Sat, 8:30pm. Extended through Oct 27. Dan Hoyle’s hit show, inspired by the people and places he encountered during his 100-day road trip across America in 2009, continues.

Roseanne: Live! Rebel, 1760 Market, SF; www.brownpapertickets.com. $25. Wed, 7 and 9pm (no shows Oct 31). Through Nov 14. Lady Bear, Heklina, D’Arcy Drollinger, and more star in this tribute to the long-running sitcom.

Shocktoberfest 13: The Bride of Death Hypnodrome, 575 10th St, SF; www.thrillpeddlers.com. $25-35. Thu-Sat, 8pm. Through Nov 17. Thrillpeddlers’ annual Halloween horror extravaganza features a classic Grand Guignol one-act and two world premiere one-acts, plus a blackout spook show finale.

The Strange Case of Citizen de la Cruz Bindlestiff Studio, 185 Sixth St, SF; www.bindlestiffstudio.org. Thu-Sat, 8pm; Sun/7, 2pm. Through Oct 13. Bindlestiff Studio presents Luis Francia’s political thriller.

Twelfth Night San Francisco Maritime National Historic Park, Hyde Street Pier, 2905 Hyde, SF; www.weplayers.org. $30-80. Fri/5-Sun/7 and Oct 13, 5:30pm. After spending the summer on Angel Island with their epic-scale production of The Odyssey, the We Players have scaled back with a lo-key rendition of Shakespeare’s Twelfth Night on Hyde Street Pier. Of course when it comes to the We Players, “scaled-back” still means a two-and-a-half hour long participatory jaunt taking place mainly along the length of the pier and aboard the historic ferryboat, the Eureka, which serves primarily as the residence of the grieving Illyrian Countess, Olivia (Clara Kamunde) around whose favors much of the plot revolves. Highlights of the experience include the opportunity to visit historic Hyde Street Pier, a gypsy-jazzy score directed by Charlie Gurke (who also plays the lovelorn Duke Orsino), and the rascally quartet of the prankish Maria (Caroline Parsons), jocular drunk Toby Belch (Dhira Rauch), clueless doofus Andrew Augecheek (Benjamin Stowe), and wise fool Feste (John Hadden). But as We Players productions go, this one feels less inspired in its staging, and much of the action merely shuffles back and forth on the Eureka without incorporating many of the intriguing nooks and views the Hyde Street Pier offers, despite a promising opening scene involving a beach and a rowboat. Also, uncharacteristically for We, the comic timing seemed to be off the evening I saw it, although both Stowe and Hadden ably conveyed their wit without a flaw. Dress warmly, carry a big flask, and you’ll be fine. (Gluckstern)

The Waiting Period Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. $15-50. Thu-Fri, 8pm; Sat, 5pm. Extended through Oct 27. Brian Copeland (comedian, TV and radio personality, and creator-performer of the long-running solo play Not a Genuine Black Man) returns to the Marsh with a new solo, this one based on more recent and messier events` in Copeland’s life. The play concerns an episode of severe depression in which he considered suicide, going so far as to purchase a handgun — the title coming from the legally mandatory 10-day period between purchasing and picking up the weapon, which leaves time for reflections and circumstances that ultimately prevent Copeland from pulling the trigger. A grim subject, but Copeland (with co-developer and director David Ford) ensures there’s plenty of humor as well as frank sentiment along the way. The actor peoples the opening scene in the gun store with a comically if somewhat stereotypically rugged representative of the Second Amendment, for instance, as well as an equally familiar “doood” dude at the service counter. Afterward, we follow Copeland, a just barely coping dad, home to the house recently abandoned by his wife, and through the ordinary routines that become unbearable to the clinically depressed. Copeland also recreates interviews he’s made with other survivors of suicidal depression. Telling someone about such things is vital to preventing their worst outcomes, says Copeland, and telling his own story is meant to encourage others. It’s a worthy aim but only a fitfully engaging piece, since as drama it remains thin, standing at perhaps too respectful a distance from the convoluted torment and alienation at its center. (Avila)

BAY AREA

Assassins Ashby Stage, 1901 Ashby, Berk; www.shotgunplayers.org. $20-30. Previews Wed/3-Thu/4, 7pm. Opens Fri/5, 8pm. Runs Wed-Thu, 7pm; Fri-Sat, 8pm; Sun, 5pm. Through Nov 11. Shotgun Players performs the Sondheim musical about John Wilkes Booth, Lee Harvey Oswald, and other famous Presidential killers (and would-be killers).

Chinglish Berkeley Repertory Theatre, Roda Theatre, 2015 Addison, Berk; www.berkeleyrep.org. $14.50-99. Wed/3 and Sun/7, 7pm (also Sun/7, 2pm); Thu/4 and Sat/6, 2 and 8pm. Tony Award-winning playwright David Henry Hwang (M. Butterfly) delivers this inconsistent but generally lively and fascinatingly au courant comedy about a down-on-his-luck American businessman (Alex Moggridge) who visits China hoping to win a contract for English-language signage. Hiring a British expat (Brian Nishii) to smooth the way for him, he enters negotiations with a local official (Larry Lei Zhang). Although things seem to be going well (across some hilarious scenes of half-assed simultaneous translation), he finds the deal running inexplicably aground, then finds unexpected help from a hard-nosed, initially hostile, and beautiful Party official (a standout Michelle Krusiec), with whom he soon begins an extramarital affair. But the American (who has a past of his own that eventually comes to light with surprising consequences) has no idea of the machinations taking place behind the formal business meetings and other confused cross-cultural encounters. What unfolds is a sometimes stretched but generally shrewd and laugh-out-loud funny assessment of has-been American delusions through the prism of rising Chinese ambitions and clout, cultural and otherwise. If the central dynamic between the lovers is not always convincing on the individual or metaphorical level, Leigh Silverman directs for Berkeley Rep a super slick production, complete with rotating sets and precisely timed entrances, featuring an enjoyable cast rounded out by Vivian Chiu, Celeste Den, and Austin Ku. (Avila)

Hamlet Bruns Amphitheater, 100 California Shakespeare Theater Way, Orinda; www.calshakes.org. $35-71. Tue-Thu, 7:30pm; Fri-Sat, 8pm; Sun, 4pm. Through Oct 14. Liesl Tommy directs this season closer for Cal Shakes, a decidedly uneven and overall surprisingly bland production of one of Shakespeare’s most fascinating, affecting, and endlessly rich works. The best part of Tommy’s less-than-inspired hodgepodge production (summed up by the dry and cluttered swimming-pool set, albeit very nicely designed by Clint Ramos) is lead Leroy McClain, whose Hamlet is a vibrantly intelligent and charismatic force most of the time. He gets some fine support from Dan Hiatt as a comically pedantic but still sympathetically paternal Polonius, but there is precious little chemistry with either Ophelia (a nonetheless striking Zainab Jah) or faithless queen mother Gertrude (Julie Eccles). The rest of the cast is rarely more than dutiful. Meanwhile, the staging comes laden with some awkward and/or tired conceits: a small fish tank-like landscape inset into the back wall for an unraveling Ophelia; a gore-covered zombie-esque ghost (a flat Adrian Roberts, who also plays Claudius); or guards sporting submachine guns, which always looks ridiculous. Moreover, the language comes awkwardly modernized in places —substituting “dagger” for “bodkin” in a rather famous soliloquy, for example, seems unnecessary and is definitely distracting. Why not “submachine gun”? (Avila)

The Kipling Hotel: True Misadventures of the Electric Pink ’80s Marsh Berkeley, 2120 Allston, Berk; www.themarsh.org. $20-50. Sat, 8:30pm; Sun, 7pm. Extended through Oct 14. This new autobiographical solo show by Don Reed, writer-performer of the fine and long-running East 14th, is another slice of the artist’s journey from 1970s Oakland ghetto to comedy-circuit respectability — here via a partial debate-scholarship to UCLA. The titular Los Angeles residency hotel was where Reed lived and worked for a time in the 1980s while attending university. It’s also a rich mine of memory and material for this physically protean and charismatic comic actor, who sails through two acts of often hilarious, sometimes touching vignettes loosely structured around his time on the hotel’s young wait staff, which catered to the needs of elderly patrons who might need conversation as much as breakfast. On opening night, the episodic narrative seemed to pass through several endings before settling on one whose tidy moral was delivered with too heavy a hand, but if the piece runs a little long, it’s only the last 20 minutes that noticeably meanders. And even with some awkward bumps along the way, it’s never a dull thing watching Reed work. (Avila)

Topdog/Underdog Marin Theatre Company, 397 Miller, Mill Valley; www.marintheatre.org. $36-57. Tue and Thu-Sat, 8pm (also Sat/6 and Oct 20, 2pm; Oct 11, 1pm); Wed, 7:30pm; Sun, 2 and 7pm. Through Oct 21. Marin Theatre Company performs Suzan-Lori Parks’ Pulitzer Prize winner about a contentious pair of brothers.

PERFORMANCE/DANCE

“Comedy Bodega” Esta Noche Nightclub, 3079 16th St, SF; www.comedybodega.com. Thu, 8pm. Ongoing. No cover (one drink minumum). Stand-up comedy.

“Comedy Returns to El Rio” El Rio, 3158 Mission, SF; www.brownpapertickets.com. Mon/8, 8pm. $7-20. With Maureen Langan, Sammy Obeid, Dhaya Lakshminarayanan, Bobby Golden, and guest host Nick Leonard.

Dance Elixir Kunst-Stoff Arts, One Grove, SF; www.danceelixirlive.org. Thu/4-Sat/6, 8:30pm. $10. Performing Destroy// with Tiberius and Ava Mendoza.

“Hot Mess 3: Third Time, No Charm” New Conservatory Theatre Center, 25 Van Ness, SF; www.nctcsf.org. Thu/4-Sat/6, 8pm. $15. San Francisco’s newest sketch comedy group performs.

Shazia Mirza Punchline, 444 Battery, SF; www.punchlinecomedyclub.com. Wed/3, 8pm. $15. The British comedian performs, with opening acts Kevin Camia and Samson Koletkar.

Smuin Ballet Palace of Fine Arts Theatre, 3301 Lyon, SF; www.smuinballet.org. Fri/5-Sat/6 and Oct 11-13, 8pm (also Oct 13, 2pm); Oct 14, 2pm. $25-65. The company performs its fall program, including West Coast premiere Cold Virtues.

“Spaceholder Festival” ODC Theater, 3153 17th St, SF; www.odctheater.org. Fri/5-Sat/6, 8pm; Sun/7, 7pm. $25-45. Choreographer Morgan Thorson spearheads this evening-length performance that transforms the stage into “an archeological dig, an auction block, and a museum.”

“The Spooky Cabaret” Stage Werx, 446 Valencia, SF; www.wilywestproductions.com. Sun/7, 5:30pm; Oct 8-10, 7:30pm. $10. ‘Tis the season for this fest of three full-length and five one-act plays with horror themes.

“Theatecture on UN Plaza” Civic Center, UN Plaza, Seventh St at Market, SF; www.ftloose.org. Tue, noon-2pm. Through Oct 16. Free. Outdoor performance of Mary Alice Fry’s Honeycomb Zone as part of the “24 Days of Central Market Arts Festival.”

Endorsements 2012

Andrew Lam
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36
Endorsements 2012

 

>>CLICK HERE FOR OUR CLEAN SLATE ENDORSEMENT GUIDE TO PRINT OUT AND TAKE TO THE POLLS

Every four years, we’re told it’s the most important election of our lives — and in 2008, it felt as if maybe it was. A lot of the excitement has worn off since, but the presidential race is still crucial, a going-forward-or-going-back moment for the United States. For California, it seems less dramatic — this true blue state will go for President Obama by ten points. But that’s not a reason to sit this out — there are critical state and local propositions and candidates that could change the direction of the state and the city. On Nov. 6, vote early and often. 

>>NATIONAL AND STATE RACES

>>STATE BALLOT MEASURES

>>SAN FRANCISCO RACES

>>SAN FRANCISCO PROPOSITIONS

>>EAST BAY ENDORSEMENTS

Endorsements 2012: State and national races

Andrew Lam
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25

National races

PRESIDENT

BARACK OBAMA

You couldn’t drive down Valencia Street on the evening of Nov. 4, 2008. You couldn’t get through the intersection of 18th and Castro, either. All over the east side of the city, people celebrating the election of Barack Obama and the end of the Bush era launched improptu parties, dancing and singing in the streets, while the cops stood by, smiling. It was the only presidential election in modern history that create such an upwelling of joy on the American left — and while we were a bit more jaded and cautious about celebrating, it was hard not to feel a sense of hope.

That all started to change about a month after the inauguration, when word got out that the big insurance companies were invited to be at the table, discussing health-care reform — and the progressive consumer advocates were not. From that point on, it was clear that the “change” he promised wasn’t going to be a fundamental shift in how power works in Washington.

Obama didn’t even consider a single-payer option. He hasn’t shut down Guantanamo Bay. He hasn’t cut the Pentagon budget. He hasn’t pulled the US out of the unwinnable mess in Afghanistan. He’s been a huge disappointment on progressive tax and economic issues. It wasn’t until late this summer, when he realized he was facing a major enthusiasm gap, that he even agreed to endorse same-sex marriage.

But it’s easy to trash an incumbent president, particularly one who foolishly thought he could get bipartisan support for reforms and instead wound up with a hostile Republican Congress. The truth is, Obama has accomplished a fair amount, given the obstacles he faced. He got a health-care reform bill, weak and imperfect as it was, passed into law, something Democrats have tried and failed at since the era of FDR. The stimulus, weak and limited as it was, clearly prevented the recession from becoming another great depression. His two Supreme Court appointments have been excellent.

And the guy he’s running against is a disaster on the scale of G.W. Bush.

Mitt Romney can’t even tell the truth about himself. He’s proven to be such a creature of the far-right wing of the Republican Party that it’s an embarrassment. A moderate Republican former governor of Massachusetts could have made a credible run for the White House — but Romney has essentially disavowed everything decent that he did in his last elective office, has said one dumb thing after another, and would be on track to be one of the worse presidents in history.

We get it: Obama let us down. But there’s a real choice here, and it’s an easy one. We’ll happily give a shout out to Jill Stein, the candidate of the Green Party, who is talking the way the Democrats ought to be talking, about a Green New Deal that recognizes that the richest nation in the history of the world can and should be doing radically better on employment, health care, the environment, and economic justice. And since Obama’s going to win California by a sizable majority anyway, a protest vote for Stein probably won’t do any harm.

But the next four years will be a critical time for the nation, and Obama is at least pushing in the direction of reality, sanity and hope. We endorsed him with enthusiasm four year ago; we’re endorsing him with clear-eyed reality in 2012.

UNITED STATES SENATE

DIANNE FEINSTEIN

Ugh. Not a pleasant choice here. Elizabeth Emken is pretty much your standard right-wing-nut Republican out of Danville, a fan of reducing government, cutting regulations, and repealing Obamacare. Feinstein, who’s already served four terms, is a conservative Democrat who loves developers, big business, and the death penalty, is hawkish on defense, and has used her clout locally to push for all the wrong candidates and all the wrong things. She can’t even keep her word: After Willie Brown complained that London Breed was saying mean things about him, Feinstein pulled her endorsement of Breed for District 5 supervisor.

It’s astonishing that, in a year when the state Democratic Party is aligned behind Proposition 34, which would replace the death penalty with life without parole, Feinstein can’t find it in herself to back away from her decades-long support of capital punishment. She’s not much better on medical marijuana. And she famously complained when then-mayor Gavin Newsom pushed same-sex marriage to the forefront, saying America wasn’t ready to give LGBT couples the same rights as straight people.

But as chair of the Senate Intelligence Committee, Feinstein was pretty good about investigating CIA torture and continues to call for the closure of Guantanamo Bay. She’s always been rock solid on abortion rights and at least decent, if not strong, on environmental issues.

It’s important for the Democrats to retain the Senate, and Feinstein might as well be unopposed. She turns 80 next year, so it’s likely this will be her last term.

HOUSE OF REPRESENTATIVES, DISTRICT 8

NANCY PELOSI

The real question on the minds of everyone in local politics is what will happen if the Democrats don’t retake the House and Pelosi has to face two more years in the minority. Will she serve out her term? Will her Democratic colleagues decide they want new leadership? The inside scuttle is that Pelosi has no intention of stepping down, but a long list of local politicians is looking at the once-in-a-lifetime chance to run for a Congressional seat, and it’s going to happen relatively soon; Pelosi is 72.

We’ve never been happy with Rep. Pelosi, who used the money and clout of the old Burton machine to come out of nowhere to beat progressive gay supervisor Harry Britt for the seat in 1986. Her signature local achievement is the bill that created the first privatized national park in the nation’s history (the Presidio), which now is home to a giant office complex built by filmmaker George Lucas with the benefit of a $60 million tax break. She long ago stopped representing San Francisco, making her move toward Congressional leadership by moving firmly to the center.

But as speaker of the House, she was a strong ally for President Obama and helped move the health-care bill forward. It’s critical to the success of the Obama administration that the Democrats retake the house and Pelosi resumes the role of speaker.

HOUSE OF REPRESENTATIVES, DISTRICT 9

BARBARA LEE

Barbara Lee represents Berkeley and Oakland in a way Nancy Pelosi doesn’t represent San Francisco. She’s been a strong, sometimes lonely voice against the wars in Iraq and Afghanistan and a leader in the House Progressive Caucus. While Democrats up to and including the president talk about tax cuts for businesses, Lee has been pushing a fair minimum wage, higher taxes on the wealthy, and an end to subsidies for the oil industry. While Oakland Mayor Jean Quan was struggling with Occupy, and San Francisco Mayor Ed Lee was moving to evict the protesters, Barbara Lee was strongly voicing her support for the movement, standing with the activists, and talking about wealth inequality. We’re proud to endorse her for another term.

HOUSE OF REPRESENTATIVES, DISTRICT 12

JACKIE SPEIER

Speier’s an improvement on her predecessor, Tom Lantos, who was a hawk and terrible on Middle East policy. Speier’s a moderate, as you’d expect in this Peninsula seat, but she’s taken the lead on consumer privacy issues (as she did in the state Legislature) and will get re-elected easily. She’s an effective member of a Bay Area delegation that helps keep the House sane, so we’ll endorse her for another term.

State candidates

ASSEMBLY DISTRICT 13

TOM AMMIANO

Tom Ammiano’s the perfect person to represent San Francisco values in Sacramento. He helped sparked and define this city’s progressive movement back in the 1970s as a gay teacher marching alongside with Harvey Milk. In 1999, his unprecedented write-in mayoral campaign woke progressives up from some bad years and ushered in a decade with a progressive majority on the Board of Supervisors that approved landmark legislation such as the universal healthcare program Ammiano created. In the Assembly, he worked to create a regulatory system for medical marijuana and chairs the powerful Public Safety Committee, where he has stopped the flow of mindless tough-on-crime measures that have overflowed our prisons and overburdened our budgets. This is Ammiano’s final term in the Legislature, but we hope it’s not the end of his role in local politics.

STATE ASSEMBLY, DISTRICT 19

PHIL TING

Phil Ting could be assessor of San Francisco, with a nice salary, for the rest of his life if that’s what he wanted to do. He’s done a good job in an office typically populated with make-no-waves political hacks — he went after the Catholic Church when that large institution tried to avoid paying taxes on property transfers. He’s been outspoken on foreclosures and commissioned, on his own initiative, a study showing that a large percentage of local foreclosures involved at least some degree of fraud or improper paperwork.

But Ting is prepared to take a big cut in pay and accept a term-limited future for the challenge of moving into a higher-profile political position. And he’s the right person to represent this westside district.

Ting’s not a radical leftist, but he is willing to talk about tax reform, particularly about the inequities of Prop. 13. He’s carrying the message to homeowners that they’re shouldering a larger part of the burden while commercial properties pay less. He wants to change some of the loopholes in how Prop. 13 is interpreted to help local government collect more money.

It would be nice to have a progressive-minded tax expert in the Legislature, and we’re glad Ting is the front-runner. He’s facing a serious, well-funded onslaught from Michael Breyer, the son of Supreme Court Justice Breyer, who has no political experience or credentials for office and is running a right-wing campaign emphasizing “old-style San Francisco values.”

Not pretty. Vote for Ting.

SENATE DISTRICT 11

MARK LENO

Mark Leno wasn’t always in the Guardian’s camp, and we don’t always agree with his election season endorsements, but he’s been a rock-solid representative in Sacramento and he has earned our respect and our endorsement.

It isn’t just how he votes, which we consistently agree with. Leno has been willing to take on the tough fights, the ones that need to be fought, and shown the tenacity to come out on top in the Legislature, even if he’s ahead of his time. Leno twice got the Legislature to legalize same-sex marriage, he has repeatedly gotten that body to legalize industrial hemp production, and he’s twice passed legislation that would give San Francisco voters the right to set a local vehicle license fees higher than the state’s and use that money for local programs (which the governor finally signed). He’s also been laying an important foundation for creating a single-payer healthcare system and he played an important role in the CleanPowerSF program that San Francisco will implement next year. Leno will easily be re-elected to another term in the Senate and we look forward to his next move (Leno for mayor, 2015?)

 

BART BOARD DISTRICT 9

 

TOM RADULOVICH

San Francisco has been well represented on the BART Board by Radulovich, a smart and forward-thinking urbanist who understands the important role transit plays in the Bay Area. Radulovich has played leadership roles in developing a plan that aims to double the percentage of cyclists using the system, improving the accessibility of many stations to those with limited mobility, pushing through an admittedly imperfect civilian oversight agency for the BART Police, hiring a new head administrator who is more responsive to community concerns, and maintaining the efficiency of an aging system with the highest ridership levels in its history. With a day job serving as executive director of the nonprofit Livable City, Radulovich helped create Sunday Streets and other initiatives that improve our public spaces and make San Francisco a more inviting place to be. And by continuing to provide a guiding vision for a BART system that continues to improve its connections to every corner of the Bay Area, his vision of urbanism is helping to permeate communities throughout the region

BART BOARD, DISTRICT 7

ZACHARY MALLETT

This sprawling district includes part of southeast San Francisco and extends all the way up the I-80 corridor to the Carquinez Bridge. The incumbent, San Franciscan Lynette Sweet, has been a major disappointment. She’s inaccessible, offers few new ideas, and was slow to recognize (much less deal with) the trigger-happy BART Police who until recently had no civilian oversight. Time for a change.

Three candidates are challenging Sweet, all of them from the East Bay (which makes a certain amount of sense — only 17 percent of the district’s population is in San Francisco). Our choice is Zachary Mallett, whose training in urban planning and understanding of the transit system makes up for his lack of political experience.

Mallett’s a graduate of Stanford and UC Berkelely (masters in urban planning with a transportation emphasis) who has taken the time to study what’s working and what isn’t working at BART. Some of his ideas sound a bit off at first — he wants, for example, to raise the cost of subsidized BART rides offered to Muni pass holders — but when you look a the numbers, and who is subsidizing who, it actually makes some sense. He talks intelligently about the roles that the various regional transit systems play and while he’s a bit more moderate than us, particularly on fiscal issues, he’s the best alternative to Sweet.

Nurses urge Pelosi and others to back the Robin Hood tax

Sasha Cuttler
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13

Activists nationwide are pressuring Congress to pass a bill they say would generate hundreds of billions of dollars and stimulate economic growth on Main Street, targeting House Minority Leader Nancy Pelosi and other key congressional votes with a series of protests today.

The Inclusive Prosperity Act, or H.R. 6411, would establish a 0.5 percent tax on the trading of stocks, 50 cents on every $100 of trades and lesser rates on bonds, derivatives and currencies.  It’s being touted as the “Robin Hood tax” because it would generate an estimated $350 billion dollars annually that would go towards growing local economies, taking for the rich to help the poor.  

Supporters for the national campaign are knocking on the doors of their congressional representatives asking them to back the bill. Campaigners and members of National Nurses United today gathered at Pelosi’s office to ask her for support, but she was nowhere to be found.  Roughly two dozen nurses and activists attempted to enter the building when security promptly stopped them, allowing only four members to enter to speak to a Pelosi representative in the lobby. 

Inside, the four activists – including Deborah Burger, a registered nurse from Santa Rosa – were told that although the bill fits with her values, Pelosi is currently focused on the November election. 

“We were told that after the election she might use her influence to back the legislation,” says Burger.  “We do plan to go to Washington to push this bill and we’re going to do it with or without Nancy Pelosi.”  

Eighteen days after the stock market crashed in 2008 – four years ago today – Congress approved the Troubled Relief Asset Program, or T.A.R.P., that saved the “too-big-to-fail” banks from financial collapse.  Now, the national unemployment rate lingers above 8 percent.  HR 6411, introduced by Rep. Keith Ellison of Minnesota, is being promoted as a way to enforce accountability on the part of major Wall Street banking institutions.

“The destruction they’ve done to this country is enormous,” says Charles Idelson, communications director for the California Nurses Association. “They pay no tax when trading and all we’re asking for is Wall Street to pay us back and help local economies.”

When asked why nurses are interested in the bill, Scott Hornback, a nurse at UCSF, said people in his profession spend their days caring for those hit hardest by the recession: “We care about the health of the American worker and the people who make up this economy.”  

Supporters say the revenue generated from HR 6411 would also help strengthen Medicare and Medicaid, put more resources into the infrastructure and education, and help tackle climate change.   

The obvious question is whether or not such a tax would encourage financial institutions to move their transactions offshore.  Idelson rejected this possibility, saying, “When you have something totally computerized, like financial transactions, it’s easy to monitor and track.”

According to National Nurses United, more than 40 countries currently have some form of financial transaction tax in place.  Last week Germany and France urged the European Commission to draft FTT proposals for nine nations in the EU. 

Why the debate will be meaningless

Zelda Bronstein
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3
Why the debate will be meaningless

Other than not making any stupid mistakes, the presidential candidates have one goal for the Oct. 3: “debate” — and it’s the reason not much of substance is going to come out of either one’s mouth.

See, this isn’t a national campaign at this point; it’s all about winning over a few hundred thousand undecided voters in about nine states. Which means that Romney and Obama are going to be talking to a few hundred thousand people mostly in Pennsylvania, Florida, and Ohio.

And who, exactly, are “undecided voters” at this point? Who, after everthing that’s been said and done in a campaign that features two very different candidates with completely different visions for the country, still can make up his or her mind?

Think about that. Think about what kind of a cautious, all-things-to-all-people, America-is-great-if-we-all-work-together kind of message Obama and Romney have to craft to reach the tiny and politically bizarre group that could still change this election. That’s what you’re going to see on the TV screen.

Oh, you’ll see Romney try to knock Obama off balance with some sort of attack or quip or zinger. Not likely to work. You’ll see Obama try to be as presidential as possible, and Romney trying to look august and presidential, too. A lot of it’s visuals.

But really, there won’t be much “debate,” since both candidates have memorized canned responses to every possible question.

It’s a show for a micro-audience. Just remember that when you tune in.

 

Stage Listings

Andrew Lam
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0

Stage listings are compiled by Guardian staff. Performance times may change; call venues to confirm. Reviewers are Robert Avila, Rita Felciano, and Nicole Gluckstern. Submit items for the listings at listings@sfbg.com. For further information on how to submit items for the listings, see Picks.

THEATER

OPENING

Foodies! The Musical Shelton Theater, 533 Sutter, SF; www.foodiesthemusical.com. $30-34. Previews Fri/28-Sat/29 and Oct 5, 8pm. Opens Oct 6, 8pm. Runs Fri-Sat, 8pm (no show Nov 17). Open-ended. AWAT Productions presents Morris Bobrow’s musical comedy revue all about food.

Roseanne: Live! Rebel, 1760 Market, SF; www.brownpapertickets.com. $25. Opens Wed/26, 7 and 9pm. Rns Wed, 7 and 9pm (no shows Oct 31). Lady Bear, Heklina, D’Arcy Drollinger, and more star in this tribute to the long-running sitcom.

Shocktoberfest 13: The Bride of Death Hypnodrome, 575 10th St, SF; www.thrillpeddlers.com. $25-35. Opens Thu/27, 8pm. Runs Thu-Sat, 8pm. Through Nov 17. Thrillpeddlers’ annual Halloween horror extravaganza features a classic Grand Guignol one-act and two world premiere one-acts, plus a blackout spook show finale.

"The Strange Case of Citizen de la Cruz" Bindlestiff Studio, 185 Sixth St, SF; www.bindlestiffstudio.org. Opens Sat/29, 8pm. Runs Thu-Sat, 8pm; Oct 7, 2pm. Through Oct 13. Bindlestiff Studio presents Luis Francia’s political thriller.

BAY AREA

Assassins Ashby Stage, 1901 Ashby, Berk; www.shotgunplayers.org. $20-30. Previews Wed/26-Thu/27 and Oct 3-4, 7pm; Fri/28-Sat/29, 8pm; Sun/30, 5pm. Opens Oct 5, 8pm. Runs Wed-Thu, 7pm; Fri-Sat, 8pm; Sun, 5pm. Through Nov 11. Shotgun Players performs the Sondheim musical about John Wilkes Booth, Lee Harvey Oswald, and other famous Presidential killers (and would-be killers).

Topdog/Underdog Marin Theatre Company, 397 Miller, Mill Valley; www.marintheatre.org. $36-57. Previews Thu/27-Sat/29, 8pm; Sun/30, 7pm. Opens Tue/2, 8pm. Runs Tue and Thu-Sat, 8pm (also Oct 6 and 20, 2pm; Oct 11, 1pm); Wed, 7:30pm; Sun, 2 and 7pm. Through Oct 21. Marin Theatre Company performs Suzan-Lori Parks’ Pulitzer Prize winner about a contentious pair of brothers.

ONGOING

Asteroids: Live! Dark Room Theater, 2263 Mission, SF; (415) 401-7987. $20. Fri/28-Sat/29, 8pm. Interstellar comedy "based very, very loosely on the arcade game."

Family Programming: An Evening of Short Comedic Plays Shelton Theater, 533 Sutter, SF; www.brownpapertickets.com. $20. Thu-Sat, 8pm. Through Oct 13. Left Coast Theatre Company performs short plays about gay and alternative families.

Fuck My Life (FML)/Homo File CounterPULSE, 1310 Mission, SF; www.counterpulse.org. $20-30. Thu/27-Sun/30, 8pm. To paraphrase Freud, sometimes a bottle of Tapatío salsa is just a bottle of Tapatío salsa. But definitely not this time. This time it’s a fornicating phallus of foodie fetishism with a Latina edge — and a Latina target, which writer-performer Xandra Ibarra (a.k.a. La Chica Boom) sets about to both embody and deconstruct, and somehow rescue. On a smart-looking bathroom set, with its loving altar to Mexican movie star Lupe Vélez (designed by Richie Israel) rising ominously and significantly over the commode, Ibarra’s sharp and raunchy political burlesque channels rage and despair, dejection and defiance, from within concentric circles of representation, both social and aesthetic. With astute direction by Evan Johnson, Fuck My Life (FML), the culmination of Ibarra’s CounterPULSE residency, unfolds some lovely set pieces and magic moments, made highly persuasive by Ibarra’s sure and formidable skill and presence as a performer. A scene in which she shovels earth into a bathtub, for instance, proves an evocative, eerily beautiful and potent image. But there’s a lot here to unpack, thematically and politically, and in truth the short arc of the show only goes so far, and in ways that remain solidly within established traditions of Latino/a performance from Culture Clash to Guillermo Gomez-Peña. The exceptional charisma of La Chica Boom herself, however, remains a force and focus in its own right, and from there it’s easy to imagine much more to come. On the bill with FML is a work-in-progress performance of Homo File, writer-designer-director Seth Eisen’s multi-media and cross-disciplinary show. It already sports a formidable narrative arc and aesthetic vision as it explores the life of Samuel Steward (1909–1993), an amazingly well, um, connected English professor, writer of homoerotic fiction, famous tattoo artist, and sexual rebel. The 30-odd minutes of material on display delivers a strong sense of this fascinating figure (played by Ned Brauer, with occasional and evocative recourse to some aerial straps), who kept elaborate record of his astounding range of sexual conquests and liaisons in what he called his "stud files," a concatenation that forms a backbone to the story of a life told from the vantage of final days. Meanwhile, Eisen and his winning cast place Steward in a mise-en-scène equally as promiscuous, ranging over dramatic scenes, aerial acrobatics, shadow puppetry, and even a hilariously lewd application of the old teacher’s standby, the overhead projector. (Avila)

Invasion! Boxcar Playhouse, 505 Natoma, SF; crowdedfire.dreamhosters.com. $20-35. Wed/26-Sat/29, 8pm. Crowded Fire mounts the West Coast premiere of Swedish-born playwright Jonas Hassen Khemiri’s postmodern dark comedy, a deconstruction of language and power in an American culture of perpetual war, which made a well-received New York debut last year. Translated from the Swedish by Rachel Willson-Broyles, and directed by Evren Odcikin, the play immediately subverts the usual multi-culti narrative of otherness and tolerance with a po-faced feint (featuring ensemble members Lawrence Radecker and Olivia Rosaldo-Pratt) that ends with a boisterous disruption of the proceedings from unexpected quarters (courtesy of ensemble members George Psarras and Wiley Naman Strasser). From there, we get a series of interrelated largely comical scenes, wherein — in shades of Martin Crimp’s Attempts on Her Life — a certain figure by the name of Abulkasem dissolves into the ultimate cipher, tied to everything from terror to pick-up lines in bars, and meaning absolutely anything and nothing. Nevertheless, in the interstices of language lurks real power — as the play implies most overly in a scene of intentional mistranslation, which twists a hapless and bemused immigrant’s tale into line with the war-on-terror mythos. In the end, the complexity the play adds does not completely dissolve that liberal narrative skewered at the outset, and its efforts remain only half-convincing. The problem may lie partly in the production’s inconsistent, often sluggish pace, as well as a tendency toward didacticism in director Odcikin’s staging. The material of this sardonic play doesn’t support too literal or even empathetic a reading, but rather seems best translated as a raucous premonition, dream, or intimation of our own guilty seduction by the sadistic, totalizing power of such stories. (Avila)

Kiss of the Spider Woman Phoenix Theatre, 414 Mason, SF; secondwind.8m.com. $15-35. Thu/27-Sat/29, 8pm. Second Wind presents Manuel Puig’s acclaimed drama about cellmates in a Buenos Aires jail.

Lorraine Olsen Is Figuratively Speaking SF Playhouse, 533 Sutter, SF; www.theatrevalentine.com. $25. Thu-27-Sat/29, 8pm. The artist model speaks in writer-performer Lorraine Olsen’s new solo show, in which the Bay Area actress recounts her experience as a longtime dues-paying member of the Bay Area Model’s Guild, founded in 1946 by model par excellence, as well as civil rights and labor activist and columnist, Flo Allen (who appears as a character and inspiration here throughout). Audience members are invited to pick up a drawing book and a pencil before taking their seats, as Olsen, her exposed back to the audience, poses pre-show on a tall stool. The narrative opens with a peep inside the thoughts of the model before the classroom (banal ruminations, perhaps unsurprisingly, from the work-a-day world of the professional muse), before moving more substantively into Olsen’s own careening career through art, family trauma, and alcoholism — not all as grim as it sounds, but charged with real emotion just the same. All the while, Olsen, a frank and sympathetic presence, moves in and out of her robe and various poses as she describes a sometimes-chaotic life in which her career as a model provides an unexpected anchor and education. The show, directed by Val Hendrickson, could use further shaping. Several possible framing devices — including one in which the audience comprises a room full of new models — compete here in a way that undermines the coherence of the piece, although the subject in general offers an undeniably interesting perspective on the artistic process. (Avila)

My Fair Lady SF Playhouse, 533 Sutter, SF; www.sfplayhouse.org. $30-70. Wed/26-Thu/27, 7pm; Fri/28-Sat/29, 8pm (also Sat/29, 3pm). SF Playhouse and artistic director Bill English (who helms) offer a swift, agreeable production of the Alan Jay Lerner and Frederick Loewe musical, based on George Bernard Shaw’s Pygmalion. The iconic class-conscious storyline revolves around a cocky linguist named Higgins (Johnny Moreno) who bets colleague Colonel Pickering (Richard Frederick) he can transform an irritable flower girl, Eliza Doolittle (Monique Hafen), into a "lady" and pass her off in high society. A battle of wills and wits ensues — interlarded with the "tragedy" of Alfred Doolittle (a shrewd and gleaming Charles Dean) and his reluctant upward fall into respectability — and love (at least in the musical version) triumphs. The songs ("Wouldn’t It Be Loverly," "I Could Have Danced All Night," "Get Me to the Church on Time," and the rest) remain evergreen in the cast’s spirited performances, supported by two offstage pianos (brought to life by David Dobrusky and musical director Greg Mason) and nimble choreography from Kimberly Richards. Hafen’s Eliza is especially admirable, projecting in dialogue and song a winning combination of childlike innocence and feminine potency. Moreno’s Higgins is also good, unusually virile yet heady too, a convincingly flawed if charming egotist. And Frederick, who adds a passing hint of homoerotic energy to his portrayal of the devoted Pickering, is gently funny and wholly sympathetic. (Avila)

The Normal Heart American Conservatory Theater, 415 Geary, SF; www.act-sf.org. $25-95. Tue, 7pm; Wed-Sun, 8pm (also Sat, 2pm); Sun, 2pm. Through Oct 7. Larry Kramer’s groundbreaking 1985 drama about the AIDS epidemic — winner of a 2011 Tony for Best Revival of a Play — has a limited run at ACT.

The Other Place Magic Theatre, Fort Mason Center, Bldg D, Third Flr, SF; www.magictheatre.org. $22-62. Tue, 7pm; Wed-Sat, 8pm (also Oct 3, 2:30pm); Sun, 2:30 (Oct 7 show at 7pm instead). Through Oct 7. Sharr White’s plot-twisty thriller has its West Coast premiere at Magic Theatre.

The Real Americans Marsh Studio Theater, 1062 Valencia, SF; www.themarsh.org. $25-50. Fri/28, 8pm; Sat/29, 8:30pm. Dan Hoyle’s hit show about his trip across America returns.

Rigoletto War Memorial Opera House, 301 Van Ness, SF; www.sfopera.com. $10-340. Sun/30, 2pm. "Fidelity is for weaklings!" Despite this rousing cry from its philandering villain, SF Opera opens its 90th season with a faithful and winsome double-cast production of Giuseppe Verdi’s immortal Rigoletto. Based on a play by Victor Hugo, the story concerns the titular court jester and hunchback (played opening night by the imposing Serbian baritone Zeljko Lucic, who alternates nights with Italian Marco Vratogna) whose attempt to revenge himself on the goatish Duke of Mantua (Sardinian tenor Francesco Demuro, alternating with Mexican tenor Arturo Chacón-Cruz) for seducing his beautiful daughter, Gilda (the thoroughly enchanting Polish soprano Aleksandra Kurzak, alternating with Russian coloratura soprano Albina Shagimuratova), backfires with tragic consequences. The production includes free simulcast presentations at AT&T Ballpark on consecutive weekends for those more inclined to recline, especially in the fresh free air, but either way the show’s a little staid but charming and the music, under SF Opera’s Nicola Luisotti, utterly transporting. (Avila)

Strange Travel Suggestions MainStage, Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. $20-50. Sat/29, 8:30pm. Author and Ethical Traveler founder Jeff Greenwald (Shopping for Buddhas, Snake Lake) has done his solo show Strange Travel Suggestions dozens if not hundreds of times and still has no idea where it’s going. No wonder he and his audience keep coming back for more. The unknown, an aphrodisiac to the traveler, also makes great catnip for the storyteller. Still, there are consistent elements. There is no need to reinvent the wheel — or the impressive Wheel of Fortune that sits just off center stage, painted with a map of the globe and ringed with symbols abstract and evocative enough to conjure up myriad adventures, peak experiences, and humbling encounters from the vivid grab-bag memory of an accomplished travel writer and inveterate globetrotter. There’s also a real grab bag, just in case, and an oversize tarot card, a sort of visual aid cum talisman sporting a classic image of the Fool, patron saint of the traveler’s heedless leaps of faith. Greenwald’s stories possess a fine sense of humor and a knack for the shrewd detail and telling observation. They also contain a Zen-inflected homespun wisdom no doubt born of leaving home on a regular basis. If slightly self-conscious at times, these tales are always genuine and appealing. In the end, Greenwald’s show, as reliable as it is unpredictable, mimics a genie-from-a-bottle experience: What you get is three spins, three stories, and a lot of unexpected truth. Note: capsule condensed from 2008 feature review of this production. (Avila)

Tripping on the Tipping Point Stagewerx, 446 Valencia, SF; (707) 322-5731. $15-20. Thu/27-Sat/29, 8pm. Human Nature performs a new comedy about global warming.

Twelfth Night San Francisco Maritime National Historic Park, Hyde Street Pier, 2905 Hyde, SF; www.weplayers.org. $30-80. Fri-Sun, 5:30pm (also Sat-Sun, noon; no performances Sun/29; evening performances only Oct 6-7). Through Oct 7. After spending the summer on Angel Island with their epic-scale production of The Odyssey, the We Players have scaled back with a lo-key rendition of Shakespeare’s Twelfth Night on Hyde Street Pier. Of course when it comes to the We Players, "scaled-back" still means a two-and-a-half hour long participatory jaunt taking place mainly along the length of the pier and aboard the historic ferryboat, the Eureka, which serves primarily as the residence of the grieving Illyrian Countess, Olivia (Clara Kamunde) around whose favors much of the plot revolves. Highlights of the experience include the opportunity to visit historic Hyde Street Pier, a gypsy-jazzy score directed by Charlie Gurke (who also plays the lovelorn Duke Orsino), and the rascally quartet of the prankish Maria (Caroline Parsons), jocular drunk Toby Belch (Dhira Rauch), clueless doofus Andrew Augecheek (Benjamin Stowe), and wise fool Feste (John Hadden). But as We Players productions go, this one feels less inspired in its staging, and much of the action merely shuffles back and forth on the Eureka without incorporating many of the intriguing nooks and views the Hyde Street Pier offers, despite a promising opening scene involving a beach and a rowboat. Also, uncharacteristically for We, the comic timing seemed to be off the evening I saw it, although both Stowe and Hadden ably conveyed their wit without a flaw. Dress warmly, carry a big flask, and you’ll be fine. (Gluckstern)

The Waiting Period MainStage, Marsh San Francisco, 1062 Valencia, SF; (415) 282-3055, www.themarsh.org. $15-50. Thu/27-Fri/28, 8pm; Sat/29, 5pm. Brian Copeland (comedian, TV and radio personality, and creator-performer of the long-running solo play Not a Genuine Black Man) returns to the Marsh with a new solo, this one based on more recent and messier events` in Copeland’s life. The play concerns an episode of severe depression in which he considered suicide, going so far as to purchase a handgun — the title coming from the legally mandatory 10-day period between purchasing and picking up the weapon, which leaves time for reflections and circumstances that ultimately prevent Copeland from pulling the trigger. A grim subject, but Copeland (with co-developer and director David Ford) ensures there’s plenty of humor as well as frank sentiment along the way. The actor peoples the opening scene in the gun store with a comically if somewhat stereotypically rugged representative of the Second Amendment, for instance, as well as an equally familiar "doood" dude at the service counter. Afterward, we follow Copeland, a just barely coping dad, home to the house recently abandoned by his wife, and through the ordinary routines that become unbearable to the clinically depressed. Copeland also recreates interviews he’s made with other survivors of suicidal depression. Telling someone about such things is vital to preventing their worst outcomes, says Copeland, and telling his own story is meant to encourage others. It’s a worthy aim but only a fitfully engaging piece, since as drama it remains thin, standing at perhaps too respectful a distance from the convoluted torment and alienation at its center. (Avila)

BAY AREA

Chinglish Berkeley Repertory Theatre, Roda Theatre, 2015 Addison, Berk; www.berkeleyrep.org. $14.50-99. Tue and Thu-Sat, 8pm (also Sat, 2pm; additional 2pm show Oct 4; no show Oct 5); Wed and Sun, 7pm (also Sun, 2pm). Through Oct 7. Tony Award-winning playwright David Henry Hwang (M. Butterfly) delivers this inconsistent but generally lively and fascinatingly au courant comedy about a down-on-his-luck American businessman (Alex Moggridge) who visits China hoping to win a contract for English-language signage. Hiring a British expat (Brian Nishii) to smooth the way for him, he enters negotiations with a local official (Larry Lei Zhang). Although things seem to be going well (across some hilarious scenes of half-assed simultaneous translation), he finds the deal running inexplicably aground, then finds unexpected help from a hard-nosed, initially hostile, and beautiful Party official (a standout Michelle Krusiec), with whom he soon begins an extramarital affair. But the American (who has a past of his own that eventually comes to light with surprising consequences) has no idea of the machinations taking place behind the formal business meetings and other confused cross-cultural encounters. What unfolds is a sometimes stretched but generally shrewd and laugh-out-loud funny assessment of has-been American delusions through the prism of rising Chinese ambitions and clout, cultural and otherwise. If the central dynamic between the lovers is not always convincing on the individual or metaphorical level, Leigh Silverman directs for Berkeley Rep a super slick production, complete with rotating sets and precisely timed entrances, featuring an enjoyable cast rounded out by Vivian Chiu, Celeste Den, and Austin Ku. (Avila)

The Elaborate Entrance of Chad Deity Aurora Theatre, 2081 Addison, Berk; (510) 843-4822, www.auroratheatre.org. $32-60. Wed/26-Sat/29, 8pm; Sun/30, 2 and 7pm. Playwright Kristoffer Diaz, a self-professed fan of the aggressively-theatrical spectacle that is professional wrestling, delivers much more than a "wrestling 101" primer for the uninitiated with The Elaborate Entrance of Chad Deity. Beneath the razzle-dazzle of the arena lighting (Kurt Landisman), the gaudy costuming (Maggie Whitaker) and the giant televised image of a hot bikini babe (Elizabeth Cadd, video by Jim Gross) lies the trampled luster of an American Dream. The dreamer, Macedonio "The Mace" Guerra (Tony Sancho), a wiry fall guy for THE Wrestling, wrestles not for money or glory (he is rarely privy to either), but for his love of the strange ballet that occurs in the ring. Guerra’s job is to make his opponents look good, including the pec-flexing, bling-booted Chad Deity (Beethovan Oden), leaving him to wrestle alone with the identity politics of being a marginalized but fully capable warrior battling perennially stacked odds. Willing suspension of disbelief does get stretched pretty thin when the character Vigneshwar Paduar, a smooth-talking hustler chance-met on the basketball courts of Brooklyn, rises to championship levels in record-breaking time as the truly cringe-worthy persona known as "The Fundamentalist," but Nasser Khan’s skillfully self-possessed performance as Paduar makes it impossible not to root for him all the way. Rod Gnapp as foul-mouthed bossman "EKO" and fight director Dave Maier as a whole squadron of hapless B-list wrestlers round out the excellent cast. (Gluckstern)

The Fisherman’s Wife La Val’s Subterranean, 1834 Euclid, Berk; www.impacttheatre.com. $10-20. Thu/27-Sat/29, 8pm. The latest from playwright Steve Yockey (Bellwether, Skin) is an exercise in pure pleasure, not least for the devious sea creatures preying lustily and unashamedly on the hapless human flesh of a small coastal town. There, in cracked fairytale fashion, an unsuccessful fisherman named Cooper Minnow (an endearingly nerdy but passionate Maro Guevara) is preparing to set out to sea, leaving at home frustrated wife Vanessa (a wonderfully, volcanically bitchy yet complex Eliza Leoni) and their sinking marriage, when he meets an oddly brazen pair of sexy, sassy bathers in old-fashioned beach attire (the swimmingly synchronized duo of Sarah Coykendall and Roy Landaverde). At more or less the same moment, a devilishly dashing yet prim traveling salesman (poised, nicely offbeat Adrian Anchondo) is offering a clearly aroused Vanessa an erotic woodcut featuring monstrous tentacles groping human victims at a very familiar-looking dock. Will she take the woodcut? Will she ever! And later she’ll defend her husband’s honor and swap places with him too, much to the commercial advantage of the ever-accommodating salesman who — like Yockey’s smart and sure sex farce — has a little something for everyone. Directed with smooth precision by Ben Randle for Berkeley’s Impact Theatre, The Fisherman’s Wife again finds Yockey playing productively with the fine fuzzy line separating human nature from nature at large (as in Large Animal Games, the winning 2009 co-production from Impact and Dad’s Garage). The animals come through for playwright and company once more, with a thoroughly enjoyable comedy whose borrowed maritime mythos has just enough metaphorical pull to lead those so inclined out beyond the shallow waters. (Avila)

Hamlet Bruns Amphitheater, 100 California Shakespeare Theater Way, Orinda; www.calshakes.org. $35-71. Tue-Thu, 7:30pm; Fri-Sat, 8pm (also Sat/29, 2pm); Sun, 4pm. Through Oct 14. California Shakespeare Theater performs a modernized version of the Bard’s classic drama.

Keith Moon/The Real Me TheaterStage at the March Berkeley, 2120 Allston, Berk; www.themarsh.org. $15-50. Thu/27, 8pm. Mike Berry workshops his new musical, featuring ten classic Who songs performed with a live band.

The Kipling Hotel: True Misadventures of the Electric Pink ’80s Marsh Berkeley, 2120 Allston, Berk; (415) 282-3055, www.themarsh.org. $20-50. Sat, 8:30pm; Sun, 7pm. Extended through Oct 14. This new autobiographical solo show by Don Reed, writer-performer of the fine and long-running East 14th, is another slice of the artist’s journey from 1970s Oakland ghetto to comedy-circuit respectability — here via a partial debate-scholarship to UCLA. The titular Los Angeles residency hotel was where Reed lived and worked for a time in the 1980s while attending university. It’s also a rich mine of memory and material for this physically protean and charismatic comic actor, who sails through two acts of often hilarious, sometimes touching vignettes loosely structured around his time on the hotel’s young wait staff, which catered to the needs of elderly patrons who might need conversation as much as breakfast. On opening night, the episodic narrative seemed to pass through several endings before settling on one whose tidy moral was delivered with too heavy a hand, but if the piece runs a little long, it’s only the last 20 minutes that noticeably meanders. And even with some awkward bumps along the way, it’s never a dull thing watching Reed work. (Avila)

A Midsummer Night’s Dream Forest Meadows Amphitheater, 890 Belle, Dominican University of California, San Rafael; www.marinshakespeare.org. $20-35. Fri/28-Sat/29, 8pm; Sun/30, 4pm. Marin Shakespeare Company performs the Bard’s classic, transported to the shores of Hawaii.

PERFORMANCE/DANCE

"Bay Area Flamenco Festival" Palace of Fine Arts, 3301 Lyon, SF; www.festivalflamencogitano.com. Thu/27 and Sun/30, 7pm; Fri/28, 8pm. $30-125. With ¡Fiesta Jerez! Flamenco All-Stars (Thu/27); José Mercé (Fri/28); and Farruco Family (Sun/30). Visit website for information on workshops and related flamenco events.

"Elect to Laugh" Studio Theater, Marsh San Francisco, 1062 Valencia, SF; (415) 282-3055, www.themarsh.org. Tue, 8pm. Through Nov 6. $15-50. Veteran political comedian Will Durst emphasizes he’s watching the news and keeping track of the presidential race "so you don’t have to." No kidding, it sounds like brutal work for anyone other than a professional comedian — for whom alone it must be Willy Wonka’s edible Eden of delicious material. Durst deserves thanks for ingesting this material and converting it into funny, but between the ingesting and out-jesting there’s the risk of turning too palatable what amounts to a deeply offensive excuse for a democratic process, as we once again hurtle and are herded toward another election-year November, with its attendant massive anticlimax and hangover already so close you can touch them. Durst knows his politics and comedy backwards and forwards, and the evolving show, which pops up at the Marsh every Tuesday in the run-up to election night, offers consistent laughs born on his breezy, infectious delivery. One just wishes there were some alternative political universe that also made itself known alongside the deft two-party sportscasting. (Avila)

Keith Hennessy/Circo Zero Yerba Buena Center for the Arts, 701 Mission, SF; www.ybca.org. Thu/27-Sat/29, 8pm. $15-25. The company performs Turbulence (a dance about the economy).

"Naked Girls Reading: Banned Books!" Stage Werx Theatre, 446 Valencia, SF; www.nakedgirlsreading.com. Tue/2, 8pm. $20. The name doesn’t lie: this is a reading series featuring naked ladies (Kristine Wilson, Ophelia Coeur de Noir, Carol Queen, and Twilight Vixen Revue performers).

"Niagara Falling" West wall of the Renoir Hotel, Seventh St at Market, SF; www.flyawayproductions.com. Wed/26-Sat/29, 8:30 and 9:30pm. Free. Flyaway Productions and Dancers’ Group/Onsite present the world premiere of choreographer Jo Kreiter and video artists David and Hi-Jin Hodge’s aerial dance, set on the outside of the Renoir Hotel.

"Picklewater Clown Cabaret Benefit for Paoli Lacy" Stage Werx Theatre, 446 Valencia, SF; picklewaterclowncabaret.bpt.me. Mon/1, 7 and 9pm. $15. Circus extravaganza to help performer and cancer patient Paoli Lacy with her medical bills.

Sandy Perez y Su Lade Dance Mission Theater, 3316 24th St, SF; www.brownpapertickets.com. Sat/29, 8pm. $20. Afro-Cuban music and dance.

"Squeeze Box" Marsh San Francisco, MainStage, 1062 Valencia, SF; www.themarsh.org. Sun/30, 5pm. $50-500. Benefit performance of Ann Randolph’s solo Off-Broadway hit.

"Theatecture on UN Plaza" Civic Center, UN Plaza, Seventh St at Market, SF; www.ftloose.org. Tue, noon-2pm. Through Oct 16. Free. Outdoor performance of Mary Alice Fry’s Honeycomb Zone as part of the "24 Days of Central Market Arts Festival."

"Tiara Sensation Pageant" Rickshaw Stop, 155 Fell, SF; www.rickshawstop.com. Sat/29, 9pm. $20. The Club Something Team (Vivvyanne Forevermore, Glamamore, and DJ Down-e) present "SF’s only non-gender-specific drag performance."

Zhukov Dance Theatre Z Space, 450 Florida, SF; www.zhukovdance.org. Thu/27-Sat/29, 8pm. $30-50. The company performs its fifth annual season, "Product 05," with a preogram that includes the world premiere of Yuri Zhukov’s Coin/C/Dance.

BAY AREA

"Access to Oddities" Central Stage, 5221 Central Ave. A-1, Richmond; www.brianscottproductions.com. Sat/29, 2 and 7:30pm. $12-20. Magic and comedy show presented in a family-friendly matinee and a later show not recommended for children under 8.

"Bay Area Flamenco Festival" Yoshi’s Oakland, 510 Embarcadero West, Jack London Square, Oakl; www.festivalflamencogitano.com. Wed/26, 8pm. $30. Gypsy flamenco guitar with Diego Del Morao.

"Empower: Master of the Three Rings" Chabot College Theater, 25555 Hesperian, Hayward; www.soulciety.org. Sat/29, 1 and 6pm. $20. Also Oct 27, 6pm, Herbst Theater, 401 Van Ness, SF. Soulciety performs a theatrical production that combines spoken word, urban acrobatics, and more.

"Fall Free for All" Various locations, UC Berkeley, Berk; www.calperformances.org. Sun/30, 11am. Free. Cal Performances’ annual free open house features performances across campus from Kronos Quartet, Shogun Players, Gamelan Sekar Jaya, and many more.

"Flamenco Passion!" Bankhead Theater, 2400 First St, Livermore; ww.mylvpac.com. Fri/28, 8pm. $15-48. Caminos Flamencos Dance Company performs.

Rhinocéros Zellerbach Hall, Bancroft at Telegraph, UC Berkeley, Berk; www.calperformances.org. Thu/27-Fri/28, 8pm; Sat/29, 2pm. $30-90. Théâtre de la Ville of Paris performs Ionesco’s absurdist masterpiece.

The case for reinstating Mirkarimi

Andrew Lam
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EDITORIAL We know for a fact that on New Year’s Eve, 2011, Ross Mirkarimi, the elected but unsworn sheriff of San Francisco, had a physical altercation with his wife that left her with a bruised arm. We know she later complained about that bruise on a video lasting less than a minute. Beyond that, nobody except Mirkarimi and Eliana Lopez knows exactly what happened; there were no witnesses except the couple’s three-year-old son, no video taken during the fight, no audio recordings — nothing.

We know that Mirkarimi agreed to plead guilty to misdemeanor false imprisonment — although we also know there was never any evidence that he actually imprisoned anyone.

That’s all we really know about the incident that has set off an expensive, drawn-out, political and legal battle that could change the city’s politics for years to come. If the whole thing seems a little overblown, that’s because it is.

There is nothing in the record that justifies Mayor Ed Lee’s move to suspend Mirkarimi, and nothing that would justify the supervisors voting to remove him from office. In fact, a removal vote would set a dangerous precedent for future mayors in a city that already gives its chief executive far too much power.

Let us examine the three main reasons why the board needs to vote to restore the elected sheriff.

1. If you believe Eliana Lopez, there’s no case.

The only person other than Mirkarimi who can honestly and accurately testify about the events of New Year’s eve is Lopez — and she has been clear, consistent, and convincing in her account.

Lopez acknowledges that she and her husband have had marital issues, that Mirkarimi wasn’t as supportive or her and their young son as he should have been, that he was away from home and working when she should have been sharing domestic duties. She was considering divorce — but was worried that Mirkarimi might gain custody of their boy.

She testified under oath before the Ethics Commission that Mirkarimi was never someone who “beats his wife” (to use Lee’s utterly inappropriate terminology). He had no history of domestic violence with her.

What he did was grab her arm during an argument, leaving a bruise. Inexcusable, but hardly a sign of serious assault. In fact, Lopez testified that she bruises so easily that just playing around with three-year-old Theo can leave marks on her.

Lopez testified that she made the video to use as a tool — a bargaining chip, so to speak — if Mirkarimi ever sought to gain custody of their son. She said she believed that her neighbor, Ivory Madison, who made the video, was a lawyer and that the video would be protected by attorney-client confidentiality. She said she never wanted to go to the police and never felt physically threatened by her husband.

The mayor charged Mirkarimi with attempting to dissuade witnesses and interfere with a police investigation, but those charges were based almost entirely on the testimony of Madison, whose rambling 22-page statement was so full of hearsay that the Ethics Commission tossed almost all of it. There was absolutely no evidence of witness tampering, and those claims were dismissed.

In fact, the only reason the commission recommended removal is the fact that Mirkarimi bruised his wife and pled to a misdemeanor — one that everyone knows he didn’t really commit. Remember: It’s legal, and common, in misdemeanor cases to plead to something you never did to avoid facing trial on more serious charges.

There’s no principled way to accept as credible the testimony of Lopez and still vote to remove the sheriff. If she’s telling the truth — and we believe her — the case should end right there.

2. Mirkarimi was chosen by the voters, and the voters can freely remove him.

Ross Mirkarimi was elected in November, 2011, with a clear majority in a contested race. The state Constitution provides an excellent remedy for replacing an elected official who has lost the confidence of the voting public; it’s called the recall. With a fraction of the effort that’s been spent on this case, people who feel Mirkarimi should no longer serve as sheriff could have collected signatures and forced an election.

The City Charter gives the mayor extraordinary authority — we would say too much authority — to unilaterally suspend an elected official and seek removal. That’s a power that should be wielded only in the most extreme cases, with great deference to the will of the voters.

Lee did no investigation before filing official misconduct charges. He based those charges on unsubstantiated claims, most of which were proven false. There’s a dangerous precedent here: If Mayor Ed Lee can suspend without pay Sheriff Ross Mirkarimi on such limited evidence, the ability of future mayors to misuse this power could be alarming. And remember: There is nothing in the Charter that allows anyone to suspend or seek removal of the mayor.

3. This case mangles “official misconduct.”

There’s another dangerous element to this case, and it’s not just a legal technicality. The New Year’s Eve incident occurred before Mirkarimi took the oath of office; on that day, he wasn’t the sheriff of San Francisco. He was a supervisor.

It’s hard to claim he was guilty of “official misconduct” on a day when he had no official duties. A fascinating, but unsigned analysis by somebody who clearly has a strong legal background is posted on the web (rjemirkarimi.blogspot.com). It notes:

“If the Supervisors approve what the Ethics Commission did on August 16, they will be handing a powerful new political weapon to all mayors, present and future. Good mayors may never misuse it, but other mayors might. No longer will such a mayor be limited to examining an opponent’s conduct while in office. He will have carte blanche and a strong motive to look farther back in time for personal misconduct that occurred before his opponent took office, and to use what he finds to suspend his opponent without pay and remove him from office — all while claiming (as undoubtedly he will) to be engaged in a noble pursuit of truth and justice.”

Let’s be serious: There have been San Francisco mayors with a long record of vindictive politics, or seeking any method possible to punish their enemies. There may well be again. Do we really want to have this case — this weak case driven more by politics than reason and evidence — set the precedent for the grave step of overriding the voters and removing an elected official?

Any of these three reasons ought to be grounds to vote against the mayor’s charges. Together, they make a sound enough case that it’s hard to imagine how the supervisors, sitting as a fair and impartial jury, could come to any conclusion other than returning Mirkarimi to office. We recognize that there are political implications, that Mirkarimi’s foes will target anyone who votes to support him. And just as it’s hard for some politicians to appear “soft on crime,” it’s nearly impossible to survive in San Francisco if you’re considered “soft on domestic violence.” But anyone who doesn’t want tough choices shouldn’t run for public office. It will take courage to do the right thing here — and in the end, that’s what should matter.

Ballot-access crew hit with huge legal fees

Zelda Bronstein
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Ballot-access crew hit with huge legal fees

Six activists are being hit with overwhelming legal fees after their attempt to reverse California’s new election process was blocked by a wealthy Republican.

Richard Winger, the San Francisco-based editor of Ballot Access News, and five others went to court in 2010 to block the open-primary system, which mandates that the top two finishers in any primary battle move on to the November election. The plaintiffs argued that the provisions were bad for third parties.

The lawsuit named Secretary of State Debra Bowen, but Charles Munger Jr., the chairman of the Santa Clara County Republican Central Committee, won the right to intervene in the case on behalf of the top-two system. He hired the powerhouse law firm Nielsen Merksamer, and Winger’s case, Field v. Bowen, went down to defeat.

Now Munger has convinced the court to award his law firm $243,000 in fees — money that the small band of activists can’t possibly pay. 

“The fees are contrary to law and precedent,”  Winger told us.

Winger, whose annual income was $6,000 for the last two years in a row, says he lives mostly off his savings, doesn’t have a pension and only receives $180 in social security each month.

Since $240,000 is an impossible sum that would wipe out the public-spirited activists — and means nothing to Munger — you have to wonder: What is this really about?

“Sometimes lawyers are really competitive. It’s like a sport to them. They just want to win,” says Winger.

From the outside, the fee request seems like a classic case of schoolyard bullying. In fact, it’s a prime example of what the legal community appropriately calls a S.L.A.P.P. lawsuit (strategic lawsuit against public participation).  Such cases are meant to intimidate one party with legal fees until they abandon the case, something the plaintiffs haven’t done quite yet.

Political insiders are wondering why Secretary of State Debra Bowen hasn’t done more on behalf of the plaintiffs. “She’s leaving these people hanging out to dry,” says Steven Hill, the former director of the Political Reform Program of the New American Foundation. “The ironic thing is that you have a secretary of state who calls herself a progressive, but her name is on a lawsuit that’s being used by Nielsen Merksamer to slap down a public interest lawsuit brought by her own supporters.”

Adding to the irony of Bowen’s lack of involvement is that the very political process that Winger and others were trying to stop is what drove her out of her 2011 congressional bid in California’s 36th district.

That special election — forced after incumbent Jane Harman resigned — was also a test run of the new top-two open primary system.

Bowen’s opponent, liberal centrist Janice Hahn, saw a way to squeeze her out of the race by leveraging the potential candidacy of another leftist liberal, Marcy Winograd. Hahn’s tactics succeeded as Bowen and Winograd essentially split the left-liberal vote, allowing Hahn to reap the primary benefits and move into the general election where she won with ease against Republican Craig Huey.

Nonetheless, Bowen is failing to speak up on the matter.  After multiple requests for an interview, Bowen’s press secretary, Shannan Velayas said in an email: “The Secretary of State’s office does not comment on pending litigation.”

 

Supervisors set Oct. 9 to decide Mirkarimi’s fate

Sasha Cuttler
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Supervisors set Oct. 9 to decide Mirkarimi’s fate

The San Francisco Board of Supervisors officially received the official misconduct case against suspended Sheriff Ross Mirkarimi yesterday, starting the clock on the 30-day deadline that the City Charter provides for that body to take action. Board President David Chiu announced a special meeting to consider the case on Oct. 9 at 2pm.

“The last day the Board of Supervisors can act on this is Oct. 17,” Chiu told his colleagues yesterday, reiterating the schedule the board had previous agreed to: a 10-minute presentation by the Ethics Commission, 20 minutes by representatives of Mayor Ed Lee (who brought the case), 20 minutes by Mirkarimi’s side, a five-minute rebuttal by Lee, public comment (which could last for hours), and then deliberation by supervisors.

In addition, attorneys for both sides have until Sept. 25 to submit any legal briefs they want the supervisors to consider, and Mirkarimi’s attorneys are expected to raise objections to an Ethics Commission summary they considered “one-sided,” as well as getting into the issue of whether Lee committed perjury during his sworn testimony in June.

It takes at least nine of the 11 supervisors to remove Mirkarimi, and there is an open question about whether some supervisors should recuse themselves from voting because of conflicts-of-interest, which would essentially count the same as a vote in Mirkarimi’s favor.

Lee was asked on the witness stand whether he spoke with any supervisors about removing Mirkarimi, which he denied. But Building Inspection Commissioner Debra Walker said her longtime friend and political ally Sup. Christina Olague told her Lee had sought her input on the decision. Confronted by journalists, Olague denied the charge but said, “I may have to recuse myself from voting on this.”

Lee was also asked whether he tried to get Mirkarimi a city job in exchange for his resignation, which Lee denied, but former Sup. Aaron Peskin has said that permit expediter and Lee ally Walter Wong (who has refused to answer questions from the media) extended that offer through him, which Mirkarimi didn’t accept. The Ethics Commission refused to consider the perjury allegations, calling them beyond its purview, but Mirkarimi attorney David Waggoner said he plans to submit sworn declarations by Peskin and Walker to the supervisors.

Another possible recusal from the vote would be Sup. Eric Mar, who just happened to be called as a juror in Mirkarimi’s criminal case before it was settled with a plea bargain. There have also been rumors that Board President David Chiu spoke with Lee about Mirkarimi at some point. Last month, Waggoner told the board that he wanted each supervisor to declare whether they have spoken with anyone about Mirkarimi, but their team is proceeding cautiously and wary of offending the supervisors who will now decide the fate of their former colleague.

“We’re going to respectfully ask each member of the board to state under oath who they’ve talked to about the case,” Waggoner told us.

Normally, jurors would be extensively questioned during the voir dire process, and those who had served on an elected body with a defendant for years would almost certainly be removed from the jury pool, which seems to have been the case with Mar’s disqualification on the criminal case. But that’s just one more example of how this unprecedented process is anything but normal, with city officials basically making up the rules as they go along.

Mirkarimi’s wife and alleged victim, Eliana Lopez, has consistently maintained that she was never abused, except by city officials who have sabotaged and humiliated her family and taken away its livelihood. She told the Guardian that the thin charges in this case shouldn’t warrant the removal of an elected official: “You can have different opinions about Ross’s behavior, and people can have different opinions about that, but the people of San Francisco should decide who represents them.”

Lopez said she’s been dismissed and mistreated by Lee, the Ethics Commission, and domestic violence advocates: “These self-appointed white women that are part of the Domestic Violence Consortium are doing everything they can to attack me and insult me while claiming to help me, and never once reaching out to me.”

But she said that she’s hopeful the supervisors will resist political pressure during an emotionally charged election season and do the right thing: “What we need from the supervisors is brave and honest supervisors. The people of San Francisco need that.”

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