Ethics

Should the state bar investigate torture lawyer Yoo?

-
10

By Tim Redmond

Protests are going to continue at UC Berkeley over John Yoo, the lawyer who wrote memos authorizing CIA torture. I’m generally an academic-freedom purist, and I hate to suggest that anyone be fired from a university position because of his or her political statements.

On the other hand, the California bar does have rules of professional conduct, and one of them goes like this:

Rule 3-210. Advising the Violation of Law

A member shall not advise the violation of any law, rule, or ruling of a tribunal unless the member believes in good faith that such law, rule, or ruling is invalid

Would that include international law? Would that include advocating torture? I’m not a lawyer or an expert on legal ethics, but perhaps the state bar ought to look into this.

Law vs. Justice

-
0

steve@sfbg.com

City Attorney Dennis Herrera relishes his reputation as a crusading reformer. For several years, his official Web site prominently displayed the phrase "Activism defines SF City Attorney’s Office," linked to a laudatory 2004 Los Angeles Times article with that headline.

"Doing what we can do to ensure civil rights for everyone is not something we are going to back away from," was the quote from that piece Herrera chose to highlight on his homepage, referring to his work on marriage equality. The article also praises the City Attorney’s Office practice of proactively filing cases to protect public health and the environment and to expand consumer rights.

But more recently the City Attorney’s Office also has aggressively pushed cases that create troubling precedents for civil rights and prevent law enforcement officials from being held accountable for false arrests, abusive behavior, mistreatment of detainees, and even allegedly framing innocent people for murder.

Three particular cases, which have been the subject of past stories by the Guardian, reveal unacceptable official conduct — yet each was aggressively challenged using the virtually unlimited resources of the City Attorney’s Office. In fact, Herrera’s team pushed these cases to the point of potentially establishing troubling precedents that could apply throughout the country.

Attorney Peter Keane, who teaches ethics at Golden Gate University School of Law and used to evaluate police conduct cases as a member of the Police Commission, said city attorneys sometimes find themselves trapped between their dual obligations to promote the public good and vigorously defend their clients. "Therein lies the problem, and it’s a problem that can’t be easily reconciled," he told us.

"A lawyer’s obligation is to give total loyalty to a client within ethical limits," Keane said, noting his respect for Herrera. But in police misconduct cases, Keane said, "it is desirable public policy to have police engage in ethical conduct and not do anything to abuse citizens."

RODEL RODIS VS. SF


Attorney Rodel Rodis is a prominent Filipino activist, newspaper columnist, and until this year was a longtime elected member of the City College of San Francisco Board of Trustees. So it never made much sense that he would knowingly try to pass a counterfeit $100 bill at his neighborhood Walgreens in 2003 (see "Real money, false arrest," 7/9/08).

Nonetheless, the store clerk was unfamiliar with an older bill Rodis used to pay for a purchase and called police, who immediately placed Rodis in handcuffs. When police couldn’t conclusively determine whether the bill was real, they dragged Rodis out of the store, placed him in a patrol car out front, and took him in for questioning while they tested the bill.

There was no need to arrest him, as subsequent San Francisco Police Department orders clarified. They could simply have taken his name and the bill and allowed him to retrieve it later. After all, mere possession of a counterfeit bill doesn’t indicate criminal intent.

The police finally determined that the bill was real and released Rodis from his handcuffs and police custody. Rodis was outraged by his treatment, and sued. He insisted that the case was about the civil rights principle and not the money — indeed, he says he offered to settle with the city for a mere $15,000.

"I told my lawyer that I didn’t want a precedent that would hurt civil liberties," Rodis told the Guardian.

To his surprise, however, the City Attorney’s Office aggressively appealed rulings in Rodis’ favor all the way up to the U.S. Supreme Court, which found that the officers enjoyed immunity and ordered reconsideration by the Ninth Circuit Court of Appeals. Last month the Ninth Circuit ruled in the city’s favor, thus expanding protections for police officers.

Rodis can now name cases from around the country, all with egregious police misconduct, that cite his case as support. "Even with that kind of abuse, people can no longer sue because of my case," Rodis said.

Herrera disputes the precedent-setting nature of the case, saying the facts of each case are different. "We’re defending them in accordance with the state of the law as it stands today," Herrera said, arguing that officers in the Rodis case acted reasonably, even if they got it wrong. "We look at each case on its facts and its merits."

Herrera said he agrees with Keane that it’s often a difficult balancing act to promote policies that protect San Francisco citizens from abuse while defending city officials accused of that abuse. But ultimately, he said, "I have the ethical obligation to defend the interests of the City and County of San Francisco."

While it may be easy to criticize those who bring lawsuits seeking public funds, Rodis says it is these very cases that set the limits on police behavior and accountability. As he observed, "The difference between police in a democracy and a dictatorship is not the potential for abuse, but the liability for abuse."

MARY BULL VS. SF


In the run-up to the U.S. invasion of Iraq in 2003, there were months of antiwar protests resulting in thousands of arrests in San Francisco. Activist Mary Bull was arrested in November 2002. Bull said she was forcibly and illegally strip-searched and left naked in a cold cell for 14 hours.

San Francisco’s policy at the time — which called for strip-searching almost all inmates — was already a shaky legal ground. Years earlier Bull had won a sizable settlement against Sacramento County because she and other activists were strip-searched after being arrested for protesting a logging plan, a legal outcome that led most California counties to change their strip-search policies.

So Bull filed a lawsuit against San Francisco in 2003. The San Francisco Chronicle ran front page story in September 2003 highlighting Bull’s ordeal and another case of a woman arrested on minor charges being strip-searched, prompting all the major mayoral candidates at the time, including Gavin Newsom, to call for reform. Sheriff Michael Hennessey later modified jail policies on strip searches, conforming it to existing case law.

But the City Attorney’s Office has continued to fight Bull’s case, appealing two rulings in favor of Bull, pushing the case to the full Ninth Circuit Court of Appeals (from which a ruling is expected soon) and threatening to appeal an unfavorable ruling all the way to the U.S. Supreme Court.

"It’s pretty outrageous and humiliating to strip-search someone brought to jail on minor charges," Bull’s attorney Mark Merin told the Guardian. "If they win, they establish a bad precedent."

Herrera said the case is about inmate safety and that his office must follow case law and pursue reasonable settlements (neither side would say how much money Bull is seeking). "We do it well and we do it with a sense of justice at its core," Herrera said.

Yet Merin said the city’s actions fly in the face of established law: "In the Bull case, he’s trying to get 25 years of precedent reversed."

Merlin noted that "the problem is not with the city, it’s with the U.S. Supreme Court." In other words, by pushing cases to a right-leaning court, the city could be driving legal precedents that directly contradict its own stated policies.

"It would be nice if this city was in a different league, but they look at it like any defense firm: take it to the mat, yield no quarter" he added.

JOHN TENNISON VS. SF


For the Guardian, and for all the attorneys involved, this was a once-in-a-lifetime case. In 1990, Hunters Point residents John J. Tennison and Antoine Goff were convicted of the 1989 gang-related murder of Roderick Shannon and later given sentences of 25 years to life.

Jeff Adachi, Tennison’s attorney and now the city’s elected public defender, was shocked by a verdict that was based almost solely on the constantly mutating testimony of two young girls, ages 12 and 14, who were joyriding in a stolen car, so he continued to gather evidence.

Eventually Adachi discovered that police inspectors Earl Sanders and Napoleon Hendrix and prosecutor George Butterworth had withheld key exculpatory evidence in the case, including damaging polygraph tests on the key witnesses, other eyewitness testimony fingering a man named Lovinsky Ricard, and even a taped confession in which Ricard admitted to the murder.

After writer A.C. Thompson and the Guardian published a cover story on the case (see "The Hardest Time," 1/17/01), it was picked up pro bono by attorneys Ethan Balogh and Elliot Peters of the high-powered firm Keker & Van Nest LLP, who unearthed even more evidence that the men had been framed, including a sworn statement by one of the two key prosecution witnesses recanting her testimony and saying city officials had coached her to lie.

In 2003, federal Judge Claudia Wilken agreed to hear Tennison’s case and ruled that the prosecution team had illegally buried five different pieces of exculpatory evidence, any one of which "could have caused the result of Tennison’s new trial motion and of his trial to have been different."

She ordered Tennison immediately freed after 13 years in prison. The district attorney at the time, Terrence Hallinan, not only agreed and decided not to retry Tennison, he proactively sought the release of Goff, who was freed a few weeks later.

"The only case you can make is that this was an intentional suppression of evidence that led to the conviction of any innocent man," Adachi told the Guardian in 2003 (see "Innocent!" 9/3/03). In the article, Hallinan said "I don’t just believe this was an improper conviction; I believe Tennison is an innocent man."

But the pair has had a harder time winning compensation for their lost years. State judges denied their request, relying on the initial jury verdict, so they sued San Francisco in 2003, alleging that the prosecution team intentionally deprived them of their basic rights.

"What happened to these guys was a horrible miscarriage of justice," Balogh said.

The City Attorney’s Office has aggressively fought the case, arguing that the prosecution team enjoys blanket immunity. The courts haven’t agreed with that contention at any level, although the city spent the last two years taking it all the way to the Ninth Circuit, which largely exonerated Butterworth. The case is now set for a full trial in federal district court in September.

"They are unwilling to admit they made a mistake," Elliot said. "They are doing everything not to face up to their responsibility to these two guys."

The lawyers said both Herrera and District Attorney Kamala Harris had an obligation to look into what happened in these cases, to punish official wrongdoing, and to try to bring the actual murderer to justice. Instead the case is still open, and the man who confessed has never been seriously pursued.

Harris spokesperson Erica Derryck said the Ninth Circuit and an internal investigation cleared Butterworth "of any wrongdoing," although she didn’t address Guardian questions about what Harris has done to close the case or address its shortcomings.

In fact, the lawyers say they’re surprised that the city is so aggressively pushing a case that could ultimately go very badly for the city, particularly given the mounting lawyers’ fees.

"When we filed the case, we never thought we’d be here today," Balogh said. "They had a bad hand and instead of folding it and trying to pursue justice in this case, they doubled down."

Herrera doesn’t see it that way, instead making a lawyerly argument about what the prosecution team knew and when. "Our belief is there is no evidence that Sanders and Hendrix had information early on that they suppressed," Herrera said. "Based on the facts, I don’t think they, Hendrix and Sanders, violated the law. But that’s a totally different issue than whether they were innocent…. It’s not our role to retry the innocence or guilt of Tennison and Goff."

Herrera said he’s limited by the specific facts of this case and the relevant laws. "If the Board of Supervisors wants to do a grant of public funds [to Tennison and Goff], someone can legislate that. But that’s not my job," Herrera said.

As far as settling the case in the interests of justice or avoiding a precedent that protects police even when they frame someone for murder, he also said it isn’t that simple. Keane also agreed it wouldn’t be ethical to settle a case to avoid bad precedents.

"I’m always willing to talk settlement," Herrera said. "This is not an office that makes rash decisions about the cases it chooses to try or settle."

Deputy City Attorney Scott Wiener is the point person on most police misconduct cases, including the Rodis and Tennison cases, as well as another current case in which Officer Sean Frost hit a subdued suspect, Chen Ming, in the face with his baton, breaking his jaw and knocking out 10 teeth.

Wiener, who is running for the District 8 seat on the Board of Supervisors and is expected to get backing from the San Francisco Police Officers Association, recently told the Chronicle that Frost "did not do anything wrong." Contacted by the Guardian, Wiener stood by that statement and his record on police cases, but said, "I consider myself to be fair-minded." He also denied having a strong pro-police bias.

Yet those involved with these cases say they go far beyond the zeal of one deputy or the need to safeguard the public treasury. They say that a city like San Francisco needs to put its resources into the service of its values.

"It raises the broader question of what is the city attorney’s mandate? Is it fiscal limitation regardless of the truth?" Balogh said. "Dennis Herrera has had a very aggressive policy in defending police officers."

Herrera says he is proud of his record as the city attorney, and before that, as president of the Police Commission. "I believe in police accountability and have made that a big part of what I’ve done throughout my career."

Out with the old

-
0

› rebeccab@sfbg.com

It may seem odd that the loss of a two-story vacant building would ruffle so many feathers, spur multiple phone calls to the police, and inspire a push from Board of Supervisors president David Chiu to make changes to San Francisco’s building code. But the March 16 demolition of the Little House, a 148-year-old Russian Hill cottage on Lombard Street, struck a nerve and raised a slew of questions — many of which continue to go unanswered.

Controversy may have started swirling because a property that has stood since Abraham Lincoln’s presidency was razed with scarcely a week’s notice on a swiftly issued emergency-demolition permit. It might also have been because the co-owners of the property, Michael Cassidy and James Nunemacher, represent the high-profile Residential Builders Association and the real estate firm Vanguard Properties, respectively — both politically well-connected entities that have been behind projects in the past that drew criticism from various citizens groups.

The Little House, which previously stood at 1268 Lombard St., was by some accounts one of the 10 oldest homes in San Francisco. Under the California Environmental Quality Act, a building of that age would normally require an environmental impact report before the Planning Department can issue a demolition permit. According to Department of Building Inspections spokesman William Strawn, the emergency demolition permit was issued after a structural engineer who had inspected the property on behalf of the owners sent a letter expressing concern that it was in danger of collapse. DBI staffers, including department manager Ed Sweeney, inspected it, and Strawn said the permit process started once they concluded that it presented a safety hazard.

Word that the cottage would be razed sparked an outcry from a group of concerned neighbors and historic preservationists, including architect F. Joseph Butler, who says he discovered it 15 years ago when he learned that it was one of the few structures on Russian Hill to escape the 1906 earthquake and ensuing fires. Butler says he doubts the building was in danger of collapse, and says he tried in vain to convince DBI to allow him to bring in a third party who could offer a second opinion. When asked about that possibility, Strawn said, "The building department would not rely on a third-party source."

The building was torn down March 16, with tensions simmering in the days leading up to it. When a demolition crew showed up March 9 ready to go to work, several days before the emergency permit had actually been issued, a neighbor who was trying to save the cottage phoned the police to halt the demolition. Police reports show that a few days later when the crew arrived on the property and were greeted by a small group of protesters, the cops were called twice more — by both sides. Joe Cassidy, Michael Cassidy’s brother and a prominent member of the Residential Builders Association, is the president of the demolition company.

Protesters charged that the building was neglected on purpose to hasten its demise, so the owners could skirt the regulatory EIR process. "It appears the property owner has exceeded the scope of their permit to replace dry rot by structurally damaging the building and claiming it is in imminent danger of falling down," Cynthia Servetnick, an architect with the SF Preservation Consortium, wrote in an e-mail to the City Attorney’s Office not long before the demolition. Building Commissioner Debra Walker, who also inspected it, noted that "the windows were out, and the doors were out in the back. It looked to me like people had just left it open."

Megan Allison Wade, who blogged about the demolition of the Lombard Street house, wrote in an e-mail to zoning administrator Larry Badiner that she perceived "a very clear case of willful neglect in an attempt to degrade the property into demolish-able condition."

Badiner responded: "This emergency demolition permit supersedes historic preservation and housing preservation procedures. … Without commenting on whether this is willful neglect, public safety would trump any concerns regarding how the building became unsafe."

An article published by the San Francisco Chronicle noted that Nunemacher denied that he and Cassidy had neglected the property. When we called Nunemacher to ask him directly, the conversation didn’t go so well. He said he was busy, and told us to read the other news reports. When asked if this meant he didn’t want to comment, he said, "You are putting words into my mouth. I don’t like what you are doing." Then he threatened to call the police.

Whether or not the property was in fact neglected on purpose is a question that may never be answered conclusively. City Attorney’s Office spokesperson Matt Dorsey told us he was not at liberty to say whether an investigation is underway, but it’s clear that any investigation would have to go forward without a crucial element — the house.

Attorney Arthur Levy made a last-ditch effort to try to save the Little House just before it came down, sending a letter transcribed on his office’s letterhead to a list of city department heads. "What makes San Francisco different is our built environment," Levy says. "It seems to me that when a property owner willfully neglects a building, and that results in demolition … there ought to be some consequences."

For some of those engaged in the fight over the cottage, the incident brings to mind past controversies involving the same players and others close to them. When an historic Victorian shipwrights’ cottage at 900 Innes Ave. — which the city designated as a historic landmark last year — was under the ownership of developer Joe Cassidy, he had plans to demolish it and build condos, retail space, and a kayak center. In that 2005 battle between the RBA developer and preservationists, the preservationists won.

Another project that involved both Joe Cassidy and Nunemacher was a residential development at Fourth and Freelon streets. At the time that project was being permitted, one of the top-selling agents at Vanguard Properties, Jean-Paul Samaha, worked as a liaison between the Board of Supervisors and the Planning Department. In 2005, architect Kepa Ashkenasy lodged an Ethics Commission complaint against Samaha alleging he had failed to disclose a $100,000 loan from Nunemacher, who had been his romantic partner at the time, even when he was in a position of testifying before the Planning Commission in his professional capacity about the Fourth and Freelon development, Ethics records show.

The complaint was dismissed after Samaha lodged a counter-complaint against Ashkenasy with the Human Rights Commission, noting that loans from spouses and domestic partners are exempt from financial disclosure rules, and charging that her allegation was motivated by a kind of homophobia, a HRC document shows. Ashkenasy told the Guardian that she only sought to illuminate a conflict of interest — and added that she is a lesbian.

Servetnick said the case of the Little House highlights a broader issue of vacant historic properties throughout the city that are allowed to go to waste because it’s more profitable to knock them down and build new. Draft legislation introduced by Board President David Chiu seeks to address this concern by requiring owners of vacant properties to register their empty buildings with the city so that inspectors can play a more proactive role in detecting problems before it’s too late.

At a March 26 Planning Commission meeting, Charles Marsteller, former head of government watchdog group Common Cause, told commissioners he had attended the demolition of the Lombard Street cottage. When it came down, he says, he realized how unique it was and earnestly told planning commissioners that he thinks the Little House should be reconstructed, and the lot turned into a park.

As for the demolition, "It was just a put-on by some insiders in City Hall working the network that they normally work," Marsteller says. "And it shouldn’t have happened."

CJR slams the Chronicle

-
5

By Tim Redmond

The Columbia Journalism Review trashed the Chronicle this week, in a harsh, pointed and entirely on-target piece by Pulitzer Prize winning reporter David Cay Johnston.

Johnston’s chief complaint: The Chronicle has done a miserable job of reporting on its own possible demise. In sharp contrast, he says, the Seattle P-I ran some well-reported stories about the papers’s closing that let readers know what was actually going on.

The blog post raises some interesting journalistic questions, though, that are going to be echoing through this entire debate about the future of newspapers.

The first thing I noticed when I read Johnston’s piece was that he singled out the Chron’s editor, Ward Bushee:

under editor Ward Bushee the Chronicle has provided little actual news reporting about its prospects for dissolution unless its unions agree to drastic job cuts and givebacks for those who remain on the payroll.* Mostly, Bushee gave Chronicle readers unsigned “staff reports”—actually rewritten Hearst press releases.

He later attacks Phil Bronstein, the former Chron editor who is still a top Hearst executive:

At least the careful reader found out that Phil Bronstein, the journalist who is now editor-at-large, has abandoned that role to become an unregistered lobbyist seeking political favors for his employers.

Johnston is a careful, weidely respected reporter who does his homework. And in this case, his analysis of the situation seems entirely accurate. The Chron hasn’t been giving us the real story of what’s going on — and the stuff left off the news pages is really interesting.

But I was surprised that neither Bushee nor Bronstein were quoted in the piece; I’ve always thought that before you attack someone in print (or online) — particularly when you call into question their professionalism or ethics — you should call first to get that person’s response. It’s not only common courtesy and standard journalistic practice; it makes for a better story.

So I emailed both Bushee and Bronstein, and both confirmed that Johnston had never contacted them. Bushee:

I will not comment about the Chronicle’s situation during the union negotiation period. I’ve told this to every reporter who has called to ask.
I have never been asked for comment by the (sic) David Cay Johnson. I was called by him one evening several weeks ago to tell me to look up another story on CJR.com — and then he promptly hung up.
In his latest posting on CJR, he continues to get my name wrong (my father, who has been dead for seven years, was Ward Bushee Jr.). But that is only the start of his errors.

Bronstein:

I’m not going to debate someone who has no real information and hasn’t tried to get any.

In general, we all ought to be talking about the value newsrooms and journalists bring to society – as Bruce Bruggman (sic) did very articulately the other night – to anyone who is willing to listen.

As columnist J.R. Labbe wrote in the Fort Worth Star-Telegram about that paper, “This newspaper gave more ink to the campaign to save the Texas Ballet Theater than it has to making this case for its own future. Time for that to change.”

Okay, fair enough. But here’s where it gets interesting.

I called Johnston to discuss all of this, and he was happy to talk to me. “This was a blog,” he said. “If I were writing a story for the New York Times, I would have absolutely called them.”

Why is a blog at CJR any different from a newspaper story? Johnston:

“I’m the definintion of a dinosaur, but I’m trying to embrace the idea that this is a new era. This is an experiment for me. I’m trying to see what happens when we embrace the values of the blog world. What if we just write what we see? I’ll take some slings and arrows, but I’m trying it out.”

He promised to correct the error on Bushee’s name, and did.

David Cay Johnston has done some phenomenal work He’s a perfect example of the value of a major newspaper — the New York Times had the money to pay him to spend weeks and months digging into the federal tax code so he could tell the world how government policies were helping the rich screw the poor. We’d all be a lot less informed without him.

But I have to say, with all due respect to one of the great reporters of our time, I don’t think a blog for CJR is any different than a story in the Times. The world of journalism is changing, and in a few years, none of us will be putting stories on dead trees any more — but the delivery vehicle isn’t the issue. There will be millions of bloggers who comment on things, which is a positive development and I love it, but there will also have to be real news institutions that pay staff people to report stories. And those reporters still have an obligation to call the objects of their attacks and scorn and get a response.

The future isn’t going to be about newspapers vs. online publications. It’s gong to be about journalists doing one kind of job, and others using the web to do something different. Not bad, not wrong — just different.

Spin vs. substance

-
0

› rebeccab@sfbg.com

Hollywood paparazzi crews are beginning to follow high-profile politicians, such as Mayor Gavin Newsom, the same way they track the likes of Britney Spears, the San Francisco Chronicle reported recently. And when a celebrity gossip photographer surreptitiously aims the lens at a political leader, the picture that emerges isn’t always flattering.

Likewise, the documents that can be extracted through public records laws — including the federal Freedom of Information Act, California Public Records Act, and San Francisco Sunshine Ordinance — don’t always paint political figures in the most favorable light.

Both end products leave the same impression of a glimpse behind the curtain — consumers feel they’re privy to the raw, unpackaged truth. But while photos may show politicians looking silly or meeting with controversial power brokers, documents show how the people’s business is being conducted. So the willingness of officials to promptly comply with requests for documents and information says a great deal about whether their public statements match their private deeds.

Nathan Ballard, Newsom’s press secretary, characterizes (through e-mail, the medium through which he insists on dealing with the Guardian) the mayor’s commitment to open government as being "as strong or stronger than any public official in this country."

But to hear some proponents of open government tell it — and in our experience here at the Guardian — the Newsom administration keeps much of the mayor’s business under wraps, leaving many info-seekers in the dark or reliant on Ballard’s spin. Responses to requests for public records tend to be delayed and incomplete, and queries directed to the mayor’s office of communications are often returned with terse, one-line e-mails that obscure more than illuminate.

Rick Knee, a longtime member of the city’s Sunshine Ordinance Task Force — the city body charged with upholding the open-government rule — says Newsom has been in violation of the Sunshine Ordinance on several occasions. "Mayor Newsom’s actual practices regarding Sunshine have been, shall we say, less than what one would desire of him," Knee says. Despite those violations, he adds, the mayor "continues to refuse to provide what remedies the task force calls for on his part."

Under Proposition 59, a state constitutional amendment that won overwhelming voter approval in 2004, the records kept by public officials are considered to be "the people’s business." In practice, however, it doesn’t always pan out that way.

For example, a group of citizens informally known as the Sunshine Posse who have made it a personal quest to improve government transparency by peppering city departments with Sunshine requests, have sounded alarm bells over the mayor’s refusal to release a more detailed daily calendar. One Sunshine Posse member began seeking more fleshed-out mayoral itineraries back in 2006, according to group member Christian Holmer, to gain an understanding of whom the mayor had met with and what had been discussed.

But he quickly ran into a slew of difficulties. "The Mayor’s Office ignored our simple request for 255 days," Holmer told the Guardian. "We sent weekly reminders to most of his staff and key members of the city attorney’s executive and government teams for months and months." After bringing the matter to the attention of the Sunshine Ordinance Task Force, Holmer says, a new set of problems cropped up. "For the Mayor’s Office, it was an ongoing tale of crashed hard drives, changing office personnel, lost documents, overt/covert confusion, and best intentions."

Nearly three years later, the scrutinizing crew remains frustrated with the results, saying the Mayor’s Office has only come forth with a watered-down schedule, called the Prop. G calendar ("scrubbed" and "virtually useless," in Holmer’s opinion), rather than the more descriptive document known as the working calendar. Many days, Newsom’s Prop. G calendar is blank, and seldom is there more than a few hours worth of activities, each one usually described in just a few words.

The Prop. G calendar seeks to comply with the minimum standards for calendars set forth in the city’s 1999 sunshine law: "The mayor … shall keep or cause to be kept a daily calendar wherein is recorded the time and place of each meeting or event attended by that official…. For meetings not otherwise publicly recorded, the calendar shall include a general statement of issues discussed."

The working calendar is a confidential document, the Mayor’s Office held in a letter responding to the Sunshine Posse’s complaint that the mayor was withholding public information. "The Mayor’s Office prepares a working calendar that is extremely detailed and accounts for his time from departure from home until his return in the evening," the letter states. "The working calendar contains not only the mayor’s meeting schedule, but also confidential information such as the officers assigned to protect him, security contact numbers, the mayor’s private schedule, details of his travel [etc.]. As with past administrations, the mayor’s staff keeps the working calendar and its contents confidential…. The computer system automatically deletes the working calendar after five days."

Despite this defense, the task force determined that the working calendar is in fact a public document that should be provided to the citizens. Doug Comstock was task force chair when the issue was heard. "We made it very clear that they have to turn over those documents," he says. "If there’s a document that’s being created using public monies and public funds, that is a more specific calendar, that’s the document that needs to be provided." Comstock also noted that it is possible for the Mayor’s Office to redact sensitive information that could pose a security risk. Nonetheless, he says, three years have passed and "the real calendar remains hidden from view."

When asked about the complaints regarding the calendar, Ballard responded, "Their criticism is baseless. We exceed far [sic] the requirements of the Sunshine Ordinance with the level of disclosure that we provide."

Erica Craven, an attorney who sits on the task force, believes there’s room for improvement on the mayor’s practices regarding sunshine. "My instinct is that there are a lot of people who work in the Mayor’s Office who are committed to open government," she says. "But there are some troubling things we’ve seen as well, such as complaints where the Mayor’s Office hasn’t sent a representative to respond to allegations. I would like to see a little bit more commitment and leadership on open government from the Mayor’s Office — I think it would set a good tone in City Hall."

In recent weeks, interest in the mayor’s schedule has intensified once again in light of the city’s financial predicament. In the face of a looming budget deficit of unprecedented size and with the economy in shambles and jobs at stake, journalists and affected citizens are seeking details about how the conundrum is being dealt with inside City Hall.

Last month, the Guardian filed a request under the Sunshine Ordinance for details on the mayor’s meetings about the budget, asking for "a list of all the labor and business leaders and supervisors that he’s met with about the budget, the dates of those meetings and how long they lasted, all documents associated with those meetings (including any agendas, communications to set up those meetings and follow-up communications after the meetings), and summaries of what was discussed at those meetings, including any outcomes or agreements."

Under the Sunshine Ordinance, such "immediate disclosure" requests are supposed be honored in two days’ time, but it took five days and a Guardian reminder for the Mayor’s Office to respond via e-mail, saying: "As you know, the Sunshine Ordinance does not require us to create documents. If you can point to a specific document that you’re seeking, I’d be happy to try and locate it for you."

Three days later, the Mayor’s Office forwarded the Prop. G calendar, which revealed that the mayor booked 7.5 hours of meetings about the budget crisis over the course of 17 days, none with labor representatives (whom Ballard said Newsom had met with). It included one-line entries disclosing whom he met with and when, but no information concerning the substance of the discussion. When the Guardian pressed for more information, the Mayor’s Office said there were no other documents associated with those meetings or any other information they were willing to provide.

Similarly, just last week, the Guardian tried to find out what the Mayor’s Office was doing about reports that Caltrain and the California High-Speed Rail Authority were balking at using the Transbay Terminal, citing technical concerns. On March 6, we asked who was working on the issue, what communications there had been with these agencies, and other basic information.

Ballard would say only that "The mayor is fully engaged in finding a comprehensive regional solution that ensures that high speed rail will come to the Transbay Terminal," and denied further requests for more substantive information.

Ballard acknowledges that the Mayor’s Office has "occasionally" been found to be in violation of the city’s Sunshine Ordinance. However, he noted, "I can’t remember a time when the Ethics Commission did not overturn a task force decision against our office. In other words, most if not all task force decisions against us have, upon review, been found to be without merit."

Actually, the chronically under-funded Ethics Commission isn’t charged with judging whether SOTF findings have merit. The SOTF is the arbiter of whether the Sunshine Ordinance was violated, but it has no enforcement authority and therefore must rely on Ethics to pursue violations — if it has the will and resources to do so.

This touches on a trend that Knee says is a fundamental challenge to upholding the Sunshine Ordinance. "If the [task force] finds that there has been a willful violation … we can refer our findings to any or all of four entities: Ethics, the Board of Supervisors, the District Attorney, and the California Attorney General," Knee explains. "At one time or another we have made referrals to any or all of those organizations. And every single time, those entities have thrown out our findings. Not one complaint we have submitted has been upheld."

To remedy this, he says, a package of proposed reforms is in the works. "We want to give the task force some teeth," he says. "We want enforcement power of our own."

Steven T. Jones contributed to this report.

Newsom’s state secrets

-
0

EDITORIAL On January 21st, his second day in office, President Barack Obama announced that he was dramatically changing the rules on federal government secrecy. His statement directly reversed, and repudiated, the paranoia and backroom dealings of the Bush administration.

"The Freedom of Information Act," the new president declared, "should be administered with a clear presumption: in the face of doubt, openness prevails. The government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of government officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public."

The following day, Jan. 22, we sent an e-mail to Mayor Gavin Newsom’s press secretary, Nathan Ballard. "Now that President Obama has made a dramatic change in federal FOI policy," we asked, "would Mayor Newsom would be willing to issue a similar executive order in San Francisco?"

Ballard’s response:

"We wholeheartedly agree with the President on this issue. The mayor has charged my office with handling sunshine requests for the executive branch of city government, and he has directed us to cooperate swiftly and comprehensively to all sunshine requests, and to err on the side of openness."

That, to put it politely, is horsepucky.

As we report in this issue, it’s difficult, and at times insanely difficult, to get even basic public information out of Newsom’s office. Take his calendar: by law, the mayor is required to make public his appointments calendar. Other public officials manage to do that — in fact, the president of the United States, who has a tad more national and personal security issues than the mayor of San Francisco, lets the press know what he’s doing almost every minute of every day.

Most days, though, what we get from Newsom’s office is a statement like, "The mayor has no public events scheduled today." Or, "The mayor is holding meetings at City Hall." Meetings with whom? What private events is he attending? What’s he do all day? What lobbyists, activists, public officials, or campaign donors is he talking to in his City Hall office? Why is that some huge state secret?

Or take the city’s terrifying budget problems. When Board of Supervisors President David Chiu began holding meetings with key stakeholders to look for a solution, Newsom refused to show up, saying there was no need. The mayor claimed he was holding his own meetings with everyone who needed to be involved.

That was news to many of the people in Chiu’s sessions. So who was the mayor talking to? The mayor’s office won’t tell us — and the limited calendar information he releases doesn’t shed any light, either.

The San Francisco Sunshine Ordinance Task Force has repeatedly found Newsom directly in violation of the Sunshine Ordinance. Legions of reporters have run across the slammed door, the ducking, the non-responsiveness, and the general hostility of the mayor’s press office. As the White House comes out of the dark ages and starts to set new standards for open and honest government, San Francisco is not only lagging behind — this city’s chief executive is actively resisting.

We’re getting tired of this. The city attorney, district attorney, and Ethics Commission all have the mandate and ability to enforce the Sunshine Ordinance, but none have made that a priority. At this point, the only way the executive branch is going to comply is if the supervisors give the Sunshine Task Force the authority and resources to do its own enforcement.

In the meantime, somebody on the board ought to introduce Obama’s exact policy statement, replacing "Freedom of Information Act" with "San Francisco Sunshine Ordinance." And the Sunshine task force should begin an investigation into how the mayor’s press office is defying, on a regular basis, both the letter and the spirit of the city’s open-government law. *

A couple of interesting candidates

-
3

By Tim Redmond

A couple of interesting candidates looking at runs for those even-numbered supervisorial seats in 2010.

In district two, where the progressives have never had much of a chance (Gavin Newsom, then Michela Alioto-Pier), Janet Reilly, who ran a strong race against Fiona Ma for state Assembly, told me she’s looking at the race. She’d be well financed – her husband, Clint Reilly, is one of the top campaign donors in the city and she’s proven she can raise money on her own. She’s clearly not as far to the left as John Avalos or Eric Mar, but it’s a conservative district – and she’s a smart, articulate woman with strong policy ideas who would probably vote with the progressives some of the time and would be independent of the mayor.

Then there’s district 6. I’m starting to sense that Jane Kim isn’t pushing herself out there as a candidate right now — but another activist is, and his campaign raises some interesting questions.

Paul Hogarth, managing editor of BeyondChron, an online newspaper, is planning to file a statement of intent to run sometime this spring. “Yes, the rumor is true. I’m the candidate who can get things done for the District — having worked in the community for about 9 years,” he told me by email.

I like Paul, and I like BeyondChron, which by any standard is part of the progressive community. We’ve had some disagreements, but that’s pretty common in the San Francisco left.

And he’s certainly qualified – he’s a lawyer, a former Berkeley Rent Board commissioner, and has been a tenant organizer with the Tenderloin Housing Clinic. He’s also been pretty active in the Democratic Party and has shown some solid journalistic instincts and abilities.

So I just assumed that he would take a leave of absence from Beyond Chron when he launched his campaign. I mean, it’s a brave new world, and the line between journalists and activists has been getting pretty blurry, but I’m not sure how you can be the managing editor of a political newspaper, and actively report on and write about local politicians and campaigns, when you’re actually running for office yourself.

But no – when I asked Paul about that, he told me he saw no conflict at all. I tried to reach his boss, Randy Shaw, by phone but after we played tag a little, I went to email and asked:

“Hi, Randy, sorry we didn’t connect by phone today. I hear Paul is running for D6 supe; how you going to handle that at BeyondChron? Can he possibly cover local politics while he’s running for office? Strikes me as a problem.”

Shaw’s response:

“Why?

I pursued it: “Well, one reason is that people will think he’s promoting his own interests by the way he covers candidates and issues. For example, there might be a perception that he was writing more positive things about people who endorsed him. It’s pretty basic journalistic ethics. I have immense respect for Paul, and I don’t think he’d do anything unethical, but in the media. appearance matters. I know you aren’t a traditional news outlet, but people trust and respect you in part for your independence.”

Shaw: “This recalls a past discussion I’ve had with the Guardian, where it became clear we have different views of activists as journalists.”

I don’t recall that discussion, although I’m sure it happened, since I talk about this stuff all the time. I am an activist and a journalist, and the Guardian is a newspaper that cares about and promotes causes. I don’t think there’s anything wrong with BeyondChron, which is part of Randy Shaw’s Tenderloin Housing Clinic shop, covering the city from a pro-tenant, progressive perspective. I’m glad BeyondChron is around.

But there’s a difference between writing about and promoting causes that you care about and promoting something that gives you, personally, a direct financial or career benefit. How will we know that a piece Paul Hogarth writes about a local politician isn’t tainted by the fact that he wants that person to endorse him?

Paul seems to be aware of the problem; when he wrote about Mark Leno in the state Senate primary, he was careful to run disclosures like

EDITOR’S NOTE: As a private citizen, Paul Hogarth has endorsed Mark Leno in the State Senate race. He does not play an advisory role in the campaign, nor did he coordinate with Leno’s staff in writing this article.

Fair enough. Full disclosure is good. But what’s he going to do now – stop writing about local politics? Or end all his articles with

EDITORS NOTE: Paul Hogarth is running for supervisor in District 6, but none of the commentary about any other office holder here should be construed as a possible pitch for an endorsement?

And what if one of the other candidates argues that his paid promotional platform is in fact an in-kind campaign contribution? I’m not sure I’d buy that – there’s a First Amendment issue here – but the Ethics Commission might consider it worth investigation, which would be a huge distraction to both the candidate and his online newspaper.

It’s going to be tricky. That’s all I’m saying.

D.I.Y. campaign-finance search? Good luck with that!

-
0

By Rebecca Bowe

This week, the Guardian offers a look at the biggest spenders in local politics, using SF Ethics Commission campaign-finance data from 1998 to 2008. The Ethics’ Campaign Finance Database is an excellent tool for answering questions about which organizations have given money to which causes and candidates over the years, but the system could be a lot more user friendly.

For instance, plunging into the bowels of the SF Ethics Commission database to try and find out who’s opening the fattest wallets come election time isn’t as easy a task as the average voter might hope. Although the information is a matter of public record that’s available to everyone, there is no ranking system that makes the highest donors easy to spot – so researchers literally have to pick through tens of thousands of data rows in order to spot the high contributions. Meanwhile, there are limitations with the short-cut method of finding such information, which is to use the “Advanced Search” function on the city agency’s Web page. That search engine spits back incomplete results: Our No. 2 top donor, for example, doesn’t show up, even though a comprehensive search of the campaign-finance spreadsheet from 2001 reveals that he contributed some $3.5 million to his own run for mayor.

Money talks

-
0

› news@sfbg.com

The economy’s a mess, and the housing crisis, financial meltdown, and skyrocketing unemployment rates have left a lot of San Franciscans short of cash. But the flow of big downtown money into political campaigns hasn’t slowed a bit.

In fact, a tally of all 2008 monetary and in-kind political contributions logged in the SF Ethics Commission Campaign Finance Database shows that even in the face of the worst financial crisis since the Great Depression, money spent on local political campaigns in the city swelled to a whopping $20.6 million. That grand total, which does not include loans or so-called "soft money" like independent expenditures, is higher than that of any previous year recorded in the Ethics database, which tracks campaign spending back to 1998.

A review of the entire database paints of picture of how influence money flows in San Francisco: Six of the top 10 donors over the past 10 years are big businesses and downtown organizations that promote the same conservative political agenda. The campaign cash often wound up in the same few political pots — a handful of supervisorial campaigns and some coordinated political action committees.

And despite spending ungodly sums of money, downtown lost more races than it won.

More than half the total money spent in 2008 came from one source: Pacific Gas and Electric Co., which plunked down $10.2 million last fall for the No on Proposition H campaign against the San Francisco Clean Energy Act. That November ballot measure, which lost under PG&E’s barrage, would have paved the way for public power, initiating a process to make the city the primary provider of electric power in San Francisco with a goal of 50 percent clean-energy generation by 2017.

The powerful utility wasn’t only the biggest spender last year — it claims the No. 1 slot on a list of all campaign contributions spanning from 1998 to 2008, which the Guardian compiled using Ethics data. PG&E dropped a juicy $14.7 million into local political campaigns over that period, beating out runner-up Clint Reilly by more than $10 million.

Below are brief introductions to the 10 biggest spenders, 1998-2008.

They’ve got the power. The colossal sums PG&E has forked over to influence ballot measures over the years puts the utility in a category all its own. SF isn’t the only municipality where the company has poured millions into defeating a public power proposal. In 2006, when Yolo County put measures on the ballot to expand the Sacramento Municipal Utility District (SMUD), which would have edged PG&E out of the service area, the utility spent $11.3 million to try and keep it from happening.

Pay to the order of Clint Reilly. Reilly, the former political consultant, now runs a successful real estate company. While his name routinely comes up on the roster of campaign contributors, he owes his status as No. 2 to his 1999 campaign for SF mayor, into which he poured some $3.5 million of his own money. "Most of the money we give is for Democratic candidates or progressive politicians, or neighborhood-oriented issues," said Reilly, who also served as president of the board of Catholic Charities.

Committee on really high-paying jobs? Third in line is the Committee on Jobs, a political action committee that aims to influence local legislation affecting business interests. The PAC is bankrolled in part by the Charles Schwab Corporation, Gap, Inc., and Gap founder Don Fisher — all of whom surface on their own in our Top 30 list. With a grand total just shy of $3 million, the committee coughed up about $100,000 in campaign-related spending in 2008. Much of that funding went to similar political entities, including the SF Coalition for Responsible Growth, the SF Chamber of Commerce 21st Century Committee, and the SF Taxpayers Union PAC (see "Downtown’s Slate," 10/15/2008). This past November, the COJ also backed the Community Justice Court Coalition, formed to pass Proposition L, which would have guaranteed first-year funding for Mayor Gavin Newsom’s small-crimes court in the Tenderloin. Prop. L failed by 57 percent.

Bluegrass billionaire. San Francisco investment banker and billionaire Warren Hellman has dropped nearly $1.2 million over the years into local political campaigns, our results show. Dubbed "the Warren Buffet of the West Coast" by Business Week for his sharp financial prowess, Hellman co-founded Hellman and Friedman, an investment firm, in 1984. Hellman is known for putting on Hardly Strictly Bluegrass, an annual SF music festival. While he tends to contribute to downtown business entities such as the Committee on Jobs and the Golden Gate Restaurant Association, in 2008 he devoted $100,000 to supporting a June ballot measure, Proposition A, that increased teacher salaries and classroom support by instating a parcel tax to amp up funding for public schools.

Fisher king. Don Fisher, founder and former CEO of Gap, Inc., is another one of SF’s resident billionaires. While Gap, Inc. turns up in 17th place in our results, Fisher himself has poured more than $1.1 million into entities such as the Committee on Jobs, SFSOS, the San Franciscans for Sensible Government Political Action Committee, and other conservative business groups. Fisher’s total includes money from the "DDF Y2K family trust," a Fisher family fund that shows up in Ethics records in 2000. In that year, $100,000 from that trust went to support the Committee on Jobs’ candidate advocacy fund, and another $40,000 went to a pro-development group called San Franciscans for Responsible Planning.

Not a very affordable campaign, either. Sixth up is Lennar Homes, the developer behind the massive home-building project at Hunters Point Shipyard, which the Guardian has covered extensively. The vast majority of its $1 million reported spending was directed to No on Prop. F, a campaign sponsored by Lennar to defeat a June ballot measure that would have created a 50 percent affordable-housing requirement for the Candlestick Point and Hunters Point Shipyard development project. The measure failed, with 63 percent voting it down.

Chuck’s bucks. Charles Schwab Corp., which set up shop in San Francisco in the mid-1970s, is an investment banking firm that reports having $1.1 trillion in total client assets. The corporation ranks seventh in our Top 30 list, with some $973,000 in donations. In 27th place is Charles R. Schwab himself, the company’s founder and chairman of the board (and the guy they’re referring to in those "Talk to Chuck" billboards posted all over SF). If Schwab’s individual and corporate donations were combined, the total would be enough to bump Warren Hellman out of fourth place. Schwab’s dollars are infused into the Committee on Jobs, the San Francisco Association of Realtors, the Golden Gate Restaurant Association, SF SOS, and other downtown-business interest organizations. "We’re a major company here in the Bay Area and a major employer," company spokesperson Greg Gable told the Guardian. "We’re interested in political matters across the board — it’s not limited to any one party." But it’s limited to one pro-downtown point of view.

The brass. The San Francisco Police Officer’s Association is another major player, spending some $913,000 since 1998 on political campaigns. The organization backed candidates Carmen Chu, Myrna Lim, Joseph Alioto, Denise McCarthy, and Sue Lee for supervisors in 2008, contributions show. All but Chu lost.

At your service. SEIU Local 1021 and SEIU 790 crop up frequently in Ethics data, with a grand total of about $860,000 in spending over the years. SEIU representatives recently turned out en masse at a Board of Supervisors meeting to urge the supervisors to support a June 2 special election to raise taxes in order to boost city revenues and save critical services from the hefty budget cuts that are coming down the pipe.

Friends in high places. No real surprises here: the Friends and Foundation of the San Francisco Public Library contributed its money to, well, ballot measures that would have affected the library. In 2000, for example, the F and F plunked $265 thousand into an effort called the "Committee to Save Branch Libraries — Yes on Prop. A."

Top 30 San Francisco campaign donors, 1998-2008

1. Pacific Gas & Electric $14,831,486
2. Clint Reilly $4,138,089
3. Committee on Jobs $2,970,857
4. Warren F. Hellman $1,191,970
5. Don Fisher (incl. Don & Doris Fisher Y2K trust) $1,164,286
6. Lennar Homes $1,002,861
7. Charles Schwab Corporation $973,176
8. S.F. Police Officers Association $913,834
9. SEIU Local 1021 & SEIU Local 790 $860,979
10. Friends & Foundation of the S.F. Public Library $858,082
11. California Academy of Sciences $818,154
12. Residential Builders Association of S.F. $753,857
13. Steven Castleman $665,254
14. S.F. Association of Realtors $647,299
15. S.F. Chamber of Commerce $614,824
16. SEIU United Health Care Workers West & Local 250 $585,937
17. Gap, Inc. $573,959
18. California Issues PAC $556,238
19. Corporation of the Fine Arts Museums $541,474
20. Wells Fargo $464,899
21. Building Owners & Managers Association of S.F. $464,027
22. Bank of America $429,316
23. Golden Gate Restaurant Association $422,685
24. SF SOS $407,491
25. AT&T Inc. and affiliates $404,704
26. Clear Channel $391,783
27. Charles R. Schwab (individual) $362,250
28. Yellow Cab Cooperative $344,907
29. S.F. Apartment Association $280,376
30. San Franciscans for Sensible Government PAC $279,009

Watchdog calls for major reform of the Ethics Commission

-
2

Editor’s Note: Joe Lynn served on the Ethics Commission staff (1998-2003) and later as a commissioner (2003-2006), and has since been a knowledgeable watchdog of the agency.

By Joe Lynn

“The question we ask today is not whether our government is too big or too small, but whether it works…Those of us who manage the public’s dollars will be held to account — to spend wisely, reform bad habits, and do our business in the light of day — because only then can we restore the vital trust between a people and their government. (Obama Inaugural Address.)

When San Francisco voters formed the Ethics Commission in 1993, there were high hopes for an agency that could provide proactive enforcement of our good government laws. Today a budget crisis commands us to examine the Commission’s record in enforcing those laws.

If it hasn’t worked, we shouldn’t be asked to pay any more for this part of the experiment to continue. There should be no surprise if this portion of the experiment has failed, and based on its record over the last few years, I think we can conclude that the Ethics Commission has failed to be an effective and trustworthy enforcer of this city’s campaign finance laws.

Yet another example of VVM ethics (or lack thereof)

-
0

stooge1.pngstooge2.png
Did VVM hire these people to game Digg?

By Steven T. Jones

SF Weekly parent company Village Voice Media has been exposed for predatory financial practices, undermining good journalists and practicing unethical journalism, and secretly using a social networking tool in a sleazy way to promote its advertisers.
Now, a detailed investigation by thedeets.com shows how VVM has been gaming Digg.com (which is a tenant of ours in the Guardian Building) to inflate the number of page views on its websites, apparently hoping to fool advertisers and the public into thinking they have more readers than they really do.
VVM spokesperson Andy Van De Voorde refused to comment on the substance of the allegation, instead offering only taunts and insults and writing by e-mail, “Now here we go again with the obligatory request for comment, all under the guise of fair reporting.”
Digg spokesperson Beth Murphy told the Guardian, “We don’t really talk specifics with regards to individual Diggers, sites or media outlets in order to protect their privacy and ensure a level playing field. What I can tell you is that various sites can perform better on Digg based on social media tools and the breadth and diversity of their audience. For sites or individuals that attempt to game or spam Digg, as always, we’ve developed the back-end systems and algorithms to flag and detect gaming.”

SF Weekly’s sleazy new deal

-
0

By Tim Redmond

Village Voice Media, the owner of SF Weekly, has entered into a business deal with LikeMe.com, a weak competitor to Yelp. But already, the arrangement has generated controversy: The Seattle Altweekly The Stranger reports that many of the comments on this new site — comments promoted on the front page of the SF Weekly’s web site — are in fact promos for SF Weekly advertisers, written by SF Weekly ad staff. The Stranger notes:

The majority of Likeme’s reviews—which appear on 12 VVM websites, next to editorial content about the businesses—are written by ad representatives for VVM. The reviews, which are exclusively positive, focus on businesses that advertise in VVM papers.

For example, if you search for a review of Nick’s Crispy Tacos on the San Francisco Weekly’s site, a review from Likeme user LaraW is prominently displayed on the San Francisco Weekly’s page for the restaurant under the heading “The Inside Word on Nick’s Crispy Tacos.”

“If you’re looking for a great midweek activity that doesn’t cost a fortune, this is a great place to go,” LaraW gushes. “The crowd is always fun and the food is awesome.”

“Lara W” is actually Lara Weiss, the advertising coordinator for the San Francisco Weekly, where Nick’s Crispy Tacos advertises.

That’s pretty darn sleazy. Again, from the Stranger:

VVM isn’t the first company to engage in this practice, referred to by industry watchdogs as “astroturfing.” Companies such as Sony, Microsoft, and Philip Morris have all built fake grassroots campaigns to promote their own products or slam competitors.

“I think [VVM’s] first obligation is to be honest and transparent,” says Kelly McBride, ethics leader at the Poynter Institute for Media Studies. “You lose your marketability when you allow people with an agenda to post. And clearly the ad reps have an agenda: They want to make their clients happy.”

McBride adds, “When you create the false impression yourself… that’s really, really bad. It’s inherently dishonest, and I’d think it undermines your credibility.”

So what’s up here? Well, I emailed everyone I could think of at the Weekly and VVM, starting with the top editorial guy, executive editor Mike Lacey, who never returns my calls or emails anyway, but what the hell. I also emailed Executive Vice President Scott Spear, Executive Associate Editor Andy Van De Voorde, Weekly publisher Josh Fromson and Weekly editor Tom Walsh. Only my old pal Andy got back to me; he sent along this link. The argument:

As with any new web product you create or partner with, you give it to your friends and family to test drive

Still seems awfully misleading, especially for a media company that loves to criticize everyone else’s ethics.

Offies 2008

-
0

› tredmond@sfbg.com

Wow. What a year.

Sarah Palin ran for vice president. Joe the Plumber got his 15 minutes. Gavin Newsom made out with Sarah Silverman. Eliot Spitzer seemed to be the only one in New York with any money left to spend. Dana Rohrabacher dressed in drag to go to prison. And O.J. Simpson finally managed to get convicted of something…. It was a year for the ages. And it’s finally, finally over.

HEY, GIVE THE POOR WOMAN A BREAK — YOU CAN’T SEE FRANCE FROM ALASKA

Sarah Palin took a call from a Canadian radio comedian posing as French Prime Minister Nicholas Sarkozy and remained on the line, convinced she was talking to a foreign leader, for several minutes as the comedian told her his wife was hot in bed and that he loved the Hustler smut film Who’s Nailin’ Paylin?.

FROM ALASKA, YOU CAN SEE RUSSIA, AND RUSSIA’S COLD, AND IF IT ISN’T IT WOULD STILL LOOK COLD, SO WHAT’S THE BIG DEAL?

Palin said the "jury’s still out" on global warming and that even if the climate was changing, she didn’t know what was causing it.

KILLING YOUR WIFE IS NOTHING, BUT DON’T YOU DARE STEAL FOOTBALL CARDS

O.J. Simpson faced more than 30 years in jail for stealing some sports memorabilia he said belonged to him.

AND FOR A FEW WEEKS, THE ENTIRE STATE OF WORLD DISCOURSE GOT A LITTLE BIT SMARTER

Ann Coulter broke her jaw and had her mouth wired shut.

WHAT IS THE VALUE OF HUMAN LIFE COMPARED TO A $99 FLAT-SCREEN?

A temporary worker in a Long Island, N.Y., Wal-Mart died when bargain-crazy crowds smashed through the store’s front door.

AND HE STILL GOT MORE VOTES THAN MCCAIN

Absentee ballots in an upstate New York county listed "Barack Osama" as a presidential candidate.

SEE, IT ALL DEPENDS ON WHAT THE MEANING OF "YOU BETCHA" IS

The Alaska legislature concluded that Sarah Palin had violated ethics laws when she tried to have her ex brother-in-law fired from the state police. Palin immediately announced that she had been cleared of any wrongdoing.

AND THIS WAS THE GUY WHO RAN THE ECONOMY ALL THOSE YEARS?

Former Federal Reserve Chair Alan Greenspan admitted there was a "flaw" in his free-market approach to economic policy, but said he wasn’t sure exactly what went wrong.

GREAT MOMENTS IN PUBLIC POLICY

A Treasury Department spokesperson announced that the agency had set $700 billion as the amount for the financial bailout because "we just wanted to choose a really large number."

THEY SAVED VILLAGES THAT WAY IN VIETNAM, TOO, BUT YOU MANAGED TO DUCK THAT WAR, SO YOU WOULDN’T UNDERSTAND

George W. Bush addressed the massive federal bailout of the banking system by saying, "I’ve abandoned free-market principles to save the free-market system."

WHY THE RICH ARE DIFFERENT FROM YOU AND ME

John McCain admitted he didn’t know how many houses he owned.

PROOF POSITIVE OF THE VALUE OF A YALE EDUCATION

President Bush, addressing the state of the economy, announced that "if money isn’t loosened up, this sucker could go down."

WHOOPS, GUESS THAT ONE ISN’T WORKING OUT SO WELL, EH?

Levi Johnston, who impregnated Sarah Palin’s daughter, Bristol, described himself as a "fucking redneck" who didn’t want kids.

THE CASE FOR A FEDERAL BAILOUT, #422

P. Diddy announced that the economy and the cost of fuel had forced him to give up private jet travel.

ENTIRELY APPROPRIATE FOR A MAN WHO’S AN ASSHOLE

A book by Cliff Schecter reported that McCain had called his wife, Cindy, a "cunt."

WELL, THEY’RE A LOT MORE POLITE ABOUT THESE THINGS DOWN IN BRAZIL

A Brazilian former exotic dancer said she’d had an affair 50 years ago with John McCain, whom she called "my coconut desert."

BUT DON’T WORRY, HILLARY, BARACK LIKES YOU FINE

Samantha Power, an advisor to Obama, called Hillary Clinton "a monster."

THAT’S RIGHT — THE ONE WHO KICKED YOUR ASS. THAT ONE.

In a presidential debate, McCain referred to Obama as "that one."

SUCH HIGH PRAISE FROM SUCH A WONDERFUL MAN

Illinois Gov. Rod Blagojevich referred to Obama as "that motherfucker."

NATURALLY — SHE LIVES IN ALASKA, AND YOU CAN SEE ENERGY FROM THERE

McCain said that Palin "knows more about energy than probably anyone in the United States."

FORTUNATELY, HE NEVER GOT TO THE OVAL OFFICE, SO SOME OF US MAY ESCAPE CUSTODY

In a speech, McCain referred to Americans as "my fellow prisoners."

AS LONG AS THEY SIP IT SLOWLY, SO AS NOT TO BURN THEIR ITTY-BITTY MOUTHS

McCain proclaimed that "we should be able to deliver bottled hot water to dehydrated babies."

NEVER MIND GRAN TORINO, THE WRESTLER, AND MILK — THE OSCAR GOES TO . . .

A TV station in Germany reported that the East German secret police had made private porno movies in the early 1980s with titles like Private Werner’s Big Surprise and Fucking for the Fatherland.

WHERE IS PRIVATE WERNER WHEN YOU NEED HIM?

Eliot Spitzer, the crusading governor of New York, had to resign after a federal sting operation found he had spent more than $80,000 on high-end prostitutes from the Emperor’s Club. On an FBI wiretap, a prostitute named Kristen, after an assignation with Spitzer, told her boss she’d heard that the governor would "ask you do to do things that, like, you might not think were safe" but that "I have a way of dealing with that. I’d be like, listen dude, do you really want the sex?"

NOTHING WRONG WITH THIS PICTURE, YOU BETCHA

Palin gave a speech on the economy while TV cameras captured a farmer beheading turkeys and draining the blood from their carcasses.

ANOTHER HERO FROM MCCAIN’S STRAIGHT TALK EXPRESS

Joseph Wurzelbacher rose to fame as Joe the Plumber after he confronted Obama and said that the Democrat would force him to pay higher taxes. It later turned out that Joe wasn’t a licensed plumber, owed $1,182 in back taxes, and didn’t make anywhere near enough money to be affected by Obama’s tax plans.

CROSS DRESSING, GRASSY KNOLL VARIETY

Rep. Dana Rohrabacher (R., Orange County) dressed in drag and pretended to be a human-rights worker named "Diana" to sneak into a state prison and badger Sirhan Sirhan, whom the congressman believed was part of a vast Arab conspiracy to kill Robert Kennedy.

IT’S FINE TO BLAST THE QUEERS, JUST DON’T GO BADMOUTHING AMERICA

Barack Obama, who was stung by criticism that his former pastor criticized America, chose for his inaugural convocation a pastor who says homosexuality is a sin.

LET’S SEE. 90,000 CIVILIAN DEATHS, THE RISE OF AL QAEDA, WATER, FUEL, AND ELECTRICITY SHORTAGES, GANGS OF ARMED THUGS IN THE STREETS … CAN’T IMAGINE WHAT THIS DUDE WAS UPSET ABOUT

An Iraqi journalist who threw two shoes at Bush was beaten badly by security guards; Bush later said he "didn’t know what the guy’s beef was."

WHY HE WOULD COVER UP THAT BEAUTIFUL HAIR, WE’LL NEVER KNOW

Mayor Gavin Newsom wore a cowboy hat and rode a horse for a photo shoot at his wedding.

PERHAPS MS. SILVERMAN CAN GET HIM TO PUT HIS HANDS AROUND THE CITY BUDGET, TOO

Newsom groped comedian Sarah Silverman on stage at a Democratic National Convention party after she said she wanted to "sexually discipline" him.

FIRE IN THE HOLE

An unknown arsonist with an unknown motive set more than half a dozen portable toilets on fire in San Francisco.

THIS, FROM A MAN WHO WROTE THE BOOK ON POLITICAL SLEAZE IN CALIFORNIA

Former Mayor Willie Brown complained about progressives using techniques from "Tammany Hall or Richard Daly’s Chicago" to take over the local Democratic Party.

HEY, SOMEBODY’S GOT TO CHANNEL MR. MAGOO

Witnesses reported seeing Carole Migden talking on her cell phone and reading while rapidly changing lanes at 80 mph on the freeway shortly before she crashed into another car. One caller to the state police asked officers to "please get out here, she’s scary."

NOW THAT WE KNOW WHO’S REALLY IN CHARGE AT CITY HALL, WE CAN STOP WASTING OUR TIME WITH THE ELECTED OFFICIALS

Newsom’s press secretary said that reporters wondering about the mayor’s position on public power should ask Pacific Gas and Electric Co. consultant Eric Jaye.

MY GOD, YOU WOULDN’T WANT ANY HUNGRY PEOPLE TO ACTUALLY EAT THE MAYOR’S FOOD

Newsom spent more than $50,000 in city money protecting his slow-food victory garden near City Hall from homeless people.

I’M HAPPY TO WORK WITH YOU, AS LONG AS I DON’T HAVE TO TELL YOU ANYTHING AND YOU DON’T ASK ANY QUESTIONS

Newsom appeared before the Board of Supervisors to discuss his budget cuts, but didn’t actually hand out the budget proposal. Press aides handled that job two hours later.

SINCE THAT APPROACH HAS WORKED SO WELL WITH RAPE VICTIMS

Sam Singer, a $400-per-hour flak for the San Francisco Zoo, sought to blame the victims of a tiger attack by saying that they were drunk and asking for it.

WE’LL GET THOSE BUGGERS — AND THEIR LITTLE DOGS, TOO

California officials threatened to bombard the Bay Area by spraying hazardous moth pheromones from helicopters to eradicate an agricultural pest that has probably been around for decades and will almost certainly survive the assault anyway.

YOUR RATEPAYER DOLLARS AT WORK

PG&E spent $10 million to fight a public power proposal.

THE CROWDS CHEERED A DRAMATIC EVENT AS THE OLYMPIC SPIRIT OF INTERNATIONAL COOPERATION CAME TO ONE OF THE WORLD’S GREAT CITIES . . . OH WAIT, THAT MUST HAVE BEEN SOMEWHERE ELSE

Newsom decided to avoid protests by keeping the route of the Olympic torch relay secret.

ANOTHER SIGN OF POLITICAL BRILLIANCE FROM THE MAN WHO WOULD BE GOVERNOR

Newsom tried to mess with the supervisors by having voters support his Community Justice Center, which the voters then rejected.

WHEN THERE ARE NO PROBLEMS LEFT FOR THE WORLD’S GREAT RELIGIONS TO SPEND MONEY ON

The San Francisco Catholic archbishop helped convince Mormon leaders to join him in pouring millions of dollars into defeating same-sex marriage.

Talking heads, part one

-
0

TV DRIVE-BY Are TV commentators covert celebrities? Showbiz Tonight fosters this impression. Instead of junket interviews with fame’s roadkill or TMZ-style rampage-cam footage of them at Starbucks, it devotes the majority of its daily, endlessly-rerun hour to carefully curated prefab arguments about the stars. The show’s reliable go-to panelist crew gets more regular airtime than any celeb-bot. It’s startling — shocking! Thus, in the first of what may be a series of infotainment drive-by portraits, Trash dares to take on the chattering skulls of CNN’s self-billed "most provocative entertainment news show." Please, AJ Hammer, don’t hurt ’em.

Lisa Bloom Based on her facial expressions, celebrity doings leave a slightly lemon-y aftertaste for this lawyer — the literal offspring of Gloria Allred — and host of the truTV series Open Court. According to Bloom’s official Web site, TV Guide deems her "Plucky!" In addition to legal expertise, she’s prone to the occasional psychiatric diagnosis, labeling Britney Spears (a fave topic) "bipolar."

Steve Santagati Need a misogynist bro-down dude with tousled yet dirty hair, tanned and muscular (yet not too muscular) physique, and permanent "Yeah, I’m an asshole" smirk? Santagati, the man who authored 2007’s The Manual, is your go-to guy.

Dr. Judy Kuriansky Let’s keep it simple: she’s the Dr. Joyce Brothers of the 21st century. Along with Bloom, she’s a reliable nemesis of Santagati’s.

Carlos Diaz Cherubic but sometimes party-worn, this ExtraTV correspondent is throwing a Vegas New Year’s bash where people can "party like its $19.99!"

Howard Bragman You have to love CNN for erasing journalistic ethics completely by bringing a PR agent into its editorial fold. Head of the firm 15 Minutes — the Web site of which greets visitors with quotes from Will Rogers, Chuang-tzu, and, of course, Andy Warhol — this out and proud master of the soft sell has never met a comeback kid who didn’t deserve some sympathy, or a train wreck that didn’t deserve rescue efforts. (Except maybe Paula Abdul.)

Ken Baker No stranger to controversy himself, this friend of Ryan Seacrest has blazed a trail from an especially litigious era of US Weekly to his current day gig as Entertainment News Editor of E!.

Janelle Snowden To quote a Bratmobile song," "Janelle! Janelle! She’s so swell! Oh, Janelle!"

Jane Velez-Mitchell Lady justice demands this roundup end with a bang, or in this case, the bewigged bangs of Velez-Mitchell, the campiest and wittiest of Showbiz Tonight‘s growing legion of talking heads. The most surprising thing about Velez-Mitchell’s 100-percent pulp book Secrets Can Be Murder (2007) is that her analysis of tabloid fodder is thoroughly feminist in a manner that contradicts the old canard about feminists having no sense of humor. She may be fond of adding -cide to every other word in the dictionary (e.g., "gendercide," "teenacide"), but she even quotes Shakespeare in the intro. Give this lady a CNN show already. Oh, wait, she just got one: Issues with Jane Velez-Mitchell.

Let it reign

-
0

Fallout 3

(Bethesda Softworks/Zenimax Media; XBOX360, PS3, PC)

GAMER "War. War never changes." These words have introduced three Fallout games, intoned by narrator Ron Perlman as the camera pulls back to reveal a landscape devastated by nuclear bombardment. The world of Fallout is one steeped in retro-futurism, imagining a history in which the end of World War II was succeeded by rapid technological progress but complete cultural stagnation. In the 21st century, competition for resources leads to the Chinese invasion of Alaska, quickly countered by the American annexation of Canada. The question of who fires first is deliberately elided, but the human race soon witnesses the dawn of the apocalypse.

A small fraction of humanity weathers the mushroom cloud, eking out a living among the rubble. Still others are preserved within vast underground vaults. You begin life in Vault 101, literally emerging from the womb and triggering an inspired character creation sequence in which your father’s delivery room commentary on your sex, name, and future appearance is interrupted by menu screens that allow you to customize these qualities.

Emerging into the outside world, you are thrust into the vast and dangerous Capital Wasteland, which encompasses Washington, DC, and its environs. Bethesda Game Studios, having acquired the Fallout license from Interplay, has designed an enormous, incredibly detailed, and realistic landscape, filled with places to explore and characters to interact with. Danger and fun lurk in every bombed-out building.

The realism has its drawbacks. The first two Fallout games had graphics so simple that they allowed the player to fill in the gaps with his or her own imagination, and the fully realized world of Fallout 3 takes some getting used to if you’ve played the first two games. The series’ trademark dark humor is also somewhat diminished. Bethesda doesn’t have the knack for the pulpy, dystopian treatment of slavery, cannibalism, prostitution, and drug use that the previous installments did.

Gameplay is conducted in either the first or third person. The "V.A.T.S." targeting system is back in fine form, enabling you to aim at limbs and heads RPG-style and generally wreak havoc. It also can be played as a more traditional FPS, although this mode feels rubbery and inferior.

As much as it would have accorded with critical ethics, I have not played the game to completion. There is too much left to explore, to experiment with, before I set the events in motion that will conclude the main narrative. Despite my backwards-looking gripes, Fallout 3 is a masterwork of world creation, an apocalypse too good to leave, and a game almost too good to win.

Downtown’s planner

-
0

> amanda@sfbg.com

The battle for the district 1 supervisor’s seat is being framed largely by politically conservative groups, funded by real estate and development, that are spending thousands of dollars supporting former planning commissioner Sue Lee over school board member Eric Mar.

An incestuous web of independent expenditure and political action committees have collectively spent enough against Mar to blow the $140,000 cap off the voluntary expenditure ceiling that all the candidates in that district agreed to.

The money’s coming from the Building Owners and Managers Association, Plan C, the Coalition for Responsible Growth, and the San Francisco Association of Realtors. Although these groups can’t legally work directly with candidates, they typically swap funds among each other and receive outside support from the deep pockets at the Chamber of Commerce, Committee on Jobs, and Pacific Gas and Electric Co.

According to Ethics Commission executive director John St. Croix, the $140,000 cap was lifted on Friday, Oct. 24, which means the candidates are now free to spend up to their individual campaign limits, which are different for Lee, Mar, and Alicia Wang, the other major contender for the seat.

All three are receiving public financing — but so much outside money is being spent in support of Lee that, to keep pace, the individual spending caps for Mar and Wang have been raised and are now higher than Lee’s.

AGAINST THE NEIGHBORHOODS


Lee, who worked for Willie Brown’s mayoral administration and was public relations director for the Chamber of Commerce, now runs the Chinese Historical Society of America. Her voting record on the Planning Commission has been consistently pro-development and anti-neighborhood. Some examples from her final months on the commission:

•<\!s> On April 10, 2008, she approved a mixed-use development at 736 Valencia St. and removed community benefits and below-market-rate unit requirements — against the wishes of community members and housing rights activists.

•<\!s> On March 27, 2008, she was the only commissioner to vote against modifications to a rooftop remodeling project at 1420 Montgomery St. that would have pacified neighbors concerned about the scale and character of the plan.

•<\!s> On March 13, 2008 she supported a conditional-use permit for a formula-retail paint store at Cesar Chavez and South Van Ness despite concerns about its effect on nearby small businesses.

•<\!s> On Feb. 28, 2008, she approved a remodeling of a two-story flat on Potrero Ave. that opponents, including the next-door neighbors, characterized as a demolition in disguise.

"Her voting record for the past three years is crystal clear," one lawyer who represents neighborhood interests at the commission told us. "Given a choice between supporting neighborhood interests, long-term residents and the interests of the little guy or supporting development interests and the big- money people who are busy in our residential neighborhoods, she chooses the latter every time."

The lawyer, who regularly appears before the planning panel and asked not to be named, added: "She has supported big-box retail in our neighborhoods over the objections of neighbors. She has supported the destruction of rent-controlled housing and low-scale, more affordable housing that is being remodeled out of existence."

"She’s a total pay to play," said Robert Haaland, a labor activist with Service Employees International Union Local 1021, which is deeply vested in independent expenditures supporting Mar. "Her donations can be tracked back to decisions she made as planning commissioner."

For example, Lee voted in favor of a plan by Martin Building Company to convert a city-owned building on Jessie Street into 25 luxury condos that now rent for about $3,000 a month. Martin’s owner, Patrick McNerney is a Lee campaign donor. Also contributing to Lee is Eric Tao of AGI Capital, which helped finance the Soma Grand development, a project opposed by sustainable growth organizations like Livable City, the San Francisco Bicycle Coalition, Walk SF, and the Sierra Club. Lee voted in favor of it.

In 2006, Lee approved lifting the downtown height restrictions from 150 feet to 250 feet for a 189-unit building with ground level retail on Howard Street. The project sponsor, Ezra Mercy, gave Lee’s campaign the maximum legal donation of $500.

In fact, her campaign has received thousands of dollars in individual contributions — and according to our analysis, more than half has come from real estate developers, attorneys, and builders, including some who appear frequently before the Planning Commission, such as executives from Wilson Meany Sullivan, CB Richard Ellis, and Millennium Partners.

Lee did not return a call seeking comment.

MISLEADING THE VOTERS


The same day the spending cap was lifted, Mar alleged the local Democratic Party’s name was being improperly used by a new group calling itself the "San Francisco Democratic Club." First reported by Paul Hogarth on the online news site BeyondChron, the club is apparently composed of Democratic County Central Committee defectors who disagreed with the party’s endorsements for the Nov. 4 election.

The group’s treasurer, Mike Riordan, is also a deputy political director of PG&E’s Stop the Blank Check Committee, which is mounting the $10 million campaign against the Clean Energy Act. PG&E gave $30,000 to this new democratic club, the members of which have not been revealed.

Riordan hired DCCC member Tom Hseih’s firm to send robocalls in Cantonese to Asian voters urging support for Lee over DCCC-endorsed Mar. The endorsement script referred to the group as the "San Francisco Democratic Party Club." Mar said it was a misleading way to align this new club with the DCCC.

When asked if the club’s use of the Democratic Party name and membership to support candidates and issues that haven’t received the party’s vote was their intention, Hsieh told the Guardian, "Yeah, and you know what? That’s covered under the First Amendment."

Sup. Aaron Peskin, who chairs the DCCC and spoke on its behalf in support of Mar at two recent rallies, said, "at minimum, it’s misleading. At maximum it’s a violation of the party rules and punishable by removal." He said there was a credible argument and evidence supporting Mar’s allegation, but that it’s something the DCCC would have to deal with in its own house, likely after Nov. 4.

Family act

-
0

> sarah@sfbg.com

District 3 supervisorial candidate Joe Alioto Jr., 36, has stated repeatedly on the campaign trail that he is not running on his family’s name.

But his lack of policy or political experience, combined with his campaign’s close ties to his sister, District 2 Sup. Michela Alioto-Pier — the most conservative and reactionary member of the Board of Supervisors — has progressives fearing he’ll be even more hostile to their values than his sister if he is elected this fall.

Records show that Alioto-Pier, 40, who was appointed by Mayor Gavin Newsom in 2004, consistently votes against the interests of tenants, workers and low-income folks. She recently sponsored legislation that passes increased water and sewer rates along to tenants. In the past, she has voted against relocation money for no-fault evictions and against limits on condominium conversions. And that’s just her record on tenants’ rights.

"Michela makes Sup. Sean Elsbernd look like a progressive," said Board President Aaron Peskin, who is termed out as D3 supervisor and has endorsed David Chiu as his preferred candidate to represent this diverse district, which encompasses Chinatown, North Beach, Fisherman’s Wharf and Telegraph Hill.

Alioto, who bought a $1.3 million Telegraph Hill condominium in 2004, has said in debates that he was proud to serve on the Telegraph Hill Dwellers Board for three years, citing his alleged involvement in stopping the Mills Corporation’s development at Piers 27 and 31, improving the Broadway corridor, and working on neighborhood parks.

But a former THD Board member says Alioto’s claims are wildly overstated.

"He did not achieve anything in North Beach as a board member," our source said. "His attendance was poor, he lacked leadership, and when he was asked to head a Broadway corridor subcommittee to tackle the Saturday night issue, he said no, he was too busy. He was on the opposite side of all our policies and goals. There were even questions whether he was residing in the district, when he house-sat for his parents in the East Bay."

In a March 2006 e-mail to THD members, Alioto acknowledges that he and his wife had indeed been house-sitting in the East Bay for months while his parents were in Italy. "Of course, I have never intended to stay in the East Bay, my being there for simply a temporary period," Alioto wrote, referring to the Supreme Court’s definition of residency, which he said he "relied on to continue to contribute to THD activities."

THD board members aren’t the only ones accusing Alioto of stretching the truth.

The Sierra Club’s John Rizzo is irate over the use of the club’s name in a recent Alioto campaign mailer in which Alioto claims that he helped create the San Francisco Climate Challenge "in collaboration with the Sierra Club and DF Environment."

"What he says is highly misleading," Rizzo told the Guardian. "It makes it sound like an ongoing effort he cofounded with the Sierra Club, but it was a one-time effort that, while worthwhile, only lasted a month and is over and done with."

Rizzo further noted that Alioto did not complete or return the Sierra Club’s candidate questionnaire, as is requested of candidates seeking the club’s political endorsement. Alioto also has ruffled feathers by claiming that he prosecuted criminal cases while working in the Alameda County District Attorney’s office in 1999.

Alameda County Senior Deputy District Attorney Kevin Dunleavy told the Guardian that Alioto was, in fact, "a summer intern, a student law clerk working under supervision" in 1999. "He got to prosecute a few cases under our supervision, including a misdemeanor jury trial, but he never worked as an actual deputy DA," Dunleavy said.

But Alioto’s alleged distortions have tenants’ rights advocates like Ted Gullicksen of the San Francisco Tenants Union wondering if Alioto will preserve rent control and try to abolish the Ellis Act, as he has promised on the campaign trail. Alioto never completed a Tenants Union candidate endorsement questionnaire, and has a massive amount of financial backing from the same downtown real estate and business interests that support his anti-tenant sister, Alioto-Pier.

Campaign disclosures show that Alioto’s campaign consultant, Stephanie Roumeliotes, led the Committee to Reelect Michela Alioto-Pier in 2006. Roumeliotes is also working on two other political campaigns this fall: No on B, which opposes the affordable housing set-aside, and Yes on P, which supports giving Mayor Newsom even greater control of how transportation funds are allocated and spent, and which even Alioto-Pier joined the Board of Supervisors in unanimously opposing.

Public records show that the Alioto siblings have 160 of the same campaign contributors. These include Gap founder Donald Fisher, wealthy socialite Dede Wilsey, and Nathan Nayman, former executive director of the Committee on Jobs, a downtown political action committee funneling big money into preferred candidates like Alioto.

All of which has progressives worrying that Alioto and his sister could become the Donny and Marie Osmond tag team for the same Republican downtown interests that are seeking to overturn the city’s universal health care and municipal identity card programs.

Talking by phone last week after months of stonewalling the Guardian’s requests for an interview, Alioto told us that he admires his sister very much, but that does not mean he shares her beliefs. "She has been through more in her relatively short life than most of us, and she does a great job representing her district," Alioto said. "But we are not the same people. Just because we are siblings does not mean we think the same."

Noting that, unlike his sister, he supports Proposition M, (which would protect tenants from landlord harassment), Alioto said, "If Michela ever proposed legislation that I thought was bad for the district and city, I’d vote against it."

Asked why he opposes the affordable housing measure Prop. B, Alioto told us that he doesn’t think that "locking away any more of our money helps … but I support affordable housing for low-income folks, including rental units, and we need more middle-income housing for police officers, firefighters, nurses and teachers."

As for his endorsement by the rabidly anti-rent control SF Small Property Owners, Alioto said, "I think people are supporting me because I’d be fair and reasonable."

Alioto, who attended Boalt Hall School of Law at UC Berkeley and works as an antitrust lawyer at the Alioto Law Firm with brother-in-law Tom Pier, insists that he never claimed he’d been a deputy DA, "but I have a proven record of being interested in putting criminals behind bars."

Noting that he supports the property tax measures on the ballot, "notwithstanding the fact that some real estate interests supporting my campaign are opposed," Alioto further claimed that estimates that a third of his campaign money is from real estate interests are "severely overblown."

"I think they must have been including architects," he told us.

Asked about the Golden Gate Restaurant Association’s lawsuit against the city’s universal health care ordinance, Alioto said he supports Healthy San Francisco, "but I am concerned a little about putting the burden on small business."

Claiming that he supports the mayor’s community justice center as well as "funding for whatever programs it diverts people to," Alioto talked about kick-starting the economy in blighted areas by creating jobs and incentives for small businesses in those districts. Alioto, who just saw the San Francisco Small Business Advocates kick down $9,500 in support of his campaign, also said he wants to increase the number of entertainment permits, add a movie theater, and decrease parking fees in Chinatown.

"And I support the [Chinatown] night markets," Alioto said, referring to a pet project of Pius Lee, whose Chinatown neighborhood association was found, during a 2006 audit instigated by Peskin, to have received excess city funds and allowed unlicensed merchants to participate in the markets.

But Lee is evidently now in good standing with Alioto and Mayor Gavin Newsom, since he accompanied both on a recent walkabout to boost Alioto’s standing with Chinatown merchants. And Alioto’s election is apparently very important to Newsom, given that the first public appearance the mayor made after returning from his African honeymoon was on behalf of Alioto’s campaign.

All of which seems to confirm progressives’ worst fears that Alioto, just like his sister before him, will become yet another Newsom call-up vote on the board. Three ethics complaints were filed against the Alioto campaign this week, and his detractors say he has a long history of questionable behavior, going back to 1996 when he had a severe ethical lapse while working on his sister’s campaign for Congress.

According to a July 27, 1996 Chronicle article, Alioto, who was then his sister’s campaign adviser, and their cousin, college student Steve Cannata, admitted they conspired to intercept the campaign material of Michela’s congressional opponent, Frank Riggs.

"If Miss Alioto tolerates this sort of deceit in her campaign, it is frightening to imagine how she would behave if ever elected," Riggs wrote at the time. Alioto-Pier lost that race. But if her brother wins this November, can progressives help but be a little frightened to imagine just how the Alioto siblings might behave?

As one observer who preferred to remain anonymous told us, "Alioto may be all Joe Personality on the campaign trail, and have the same photogenic smile as his sister, but in reality, he is a fraud."

Anniversary Issue: Just Food Nation

-
0

> news@sfbg.com

Two gardens, both erupting with a rich array of flowers, herbs, and veggies, offer a scrumptious glimpse into the promises and challenges of San Francisco’s food future.

One, a sparkling emerald Victory Garden, opened to much acclaim in front of City Hall this September to foreground America’s first Slow Food Nation gala. It’s an aromatic display of planter boxes boasting culinary items both mundane and exotic — a feast for the senses, if not the stomach.

Across town, far from the headlines and tourists, Alemany Farm sprouts loamy rows of greens and veggies, fruit trees, a heaping compost pile, a duck pond, a windmill, and more. Since members of this public housing community planted the farm’s first seeds in 1994, with help from the San Francisco League of Urban Gardeners, this urban agriculture venture has spawned harvests of fresh produce and some new sparks of hope for the area’s economically embattled residents.

These two boulevards of sustenance evoke an awakening of urban agriculture, and offer partial answers to an increasingly pressing question: in an era of global warming and fast-dwindling oil supplies, how will San Francisco sustain itself? Are city leaders and communities doing everything needed to make this happen?

The two gardens also put on display a key dilemma lurking just below the celebratory surface of food reform: who’s benefiting from the urban food renaissance, and who’s being left out of this virtuous banquet? How do we bring the good food limelight — and dollars — to the places and people that need it most?

PEAK OIL = PEAK FOOD


What does oil have to do with food? Everything. Our current food supply relies entirely on oil and cheap labor. As a nation we dump 500,000 tons of petroleum-based pesticides on our food crops each year, according to the EPA. Even the push for alternative fuels — namely ethanol — is steeped in the pesticide-intensive harvesting of corn. Then there’s the long polluting journey most of our food travels, more than 1,500 miles from the fields to your table — on diesel-guzzling semi-trucks, oil-greedy ocean tankers, and freight trains. All in all, it’s a toxic harvest whose days are numbered.

The stakes are high — very high. We are eating oil, and the clock is ticking. As journalist Erica Etelson wrote in the San Francisco Chronicle last year, "global oil demand is at 84 million barrels a day and rising, and there are at most a trillion barrels’ worth still in the ground, most of which is very difficult and expensive to recover. Do the math, and you’ll see that the end of oil is, at most, 30 years away." In response, the Board of Supervisors appointed a seven-member Peak Oil Preparedness Task Force in October 2007 that’s investigating ways to get San Francisco off oil — and food is a major ingredient in that mix.

According to the task force’s food issues member Jason Mark, roughly 500 acres of city and county land are "sitting idle and could be used for agricultural production." Meanwhile, hundreds of residents are lined up on community gardening waiting lists; if policymakers move the land and the people into production, and invested in urban agriculture education, the city "could begin to produce a significant percentage of its own fruits and vegetables," says Mark, who co-manages the Alemany Farm. "This would relieve some of the pressure from growers in rural counties, opening up more space for diversified agriculture and creating a more resilient food system."

RE-DEFINING ‘SUSTAINABLE’


As oil shortages and ecological collapse loom, other questions are bubbling up. What would it mean to make San Francisco — a city famous for its foodies and epicurean extravagances — "sustainable" in what its residents eat? How do we sustain ourselves in a way that sustains the region’s environment, food supply, and people’s health?

If you’re reading this article, chances are you’re hip to the idea of eating organic and local — perhaps you’re a "locavore" who studiously prioritizes a diet grown within a 100-mile radius of your home. Perhaps you’re a vegetarian who eschews animal flesh in the name of the environment, as well as health and ethics; or a conscientious "flexitarian" who only dines on sustainably farmed, humanely slaughtered meat. Perhaps you go the extra mile and buy a box of organics each week from a local farm. There’s no shortage of individual responses to the ecological nightmare of industrial food.

But what is the city’s collective response to unsustainable food? A new systemic approach is taking hold that goes beyond sustainable agriculture, to a bigger vision of sustaining people (farmers and consumers), communities, and economies, as well as the environment.

To Michael Dimock of Roots of Change, a leading California food reform movement, a core problem lies in the current system’s values — both cultural and economic. "We live in an environment where people want cheap food," often at the expense of sustainability, Dimock says. "We’re over-dependent on pesticides that have disrupted natural cycles," and that have "created an economic straightjacket for farmers … we’ve got to get away from these toxic chemicals without collapsing the system." Indeed, as oil prices have risen, pesticide and fertilizer costs have become a serious threat to farmers’ livelihood.

Labor costs chew up a major chunk of the food dollar — yet, farm workers toil for minimum wage in backbreaking conditions, and often live in ramshackle homes or canyons and ravines. Sixty percent of farm workers live below the poverty line. Meanwhile, meat factory workers suffer crippling injuries at alarming rates (roughly 20 percent a year) while laboring on brutal, dizzying-fast assembly-lines, typically for $8 per hour.

The solution lies beyond buying local and organic, and involves transforming food systems, locally and nationally (and globally) to meet an urgent array of needs: petroleum-free agriculture and food policies that build new infrastructures — markets, distribution channels, and a diversity of farms — centered on economic and ecological sustainability.

"It used to be about calories, now it’s about health — healthy people, healthy environment, and healthy communities," Dimock said. A blossoming "Buy fresh, buy local" label, an outgrowth of the Community Alliance with Family Farms, is building a network of local producers, distributors, and markets to simultaneously expand opportunities for smaller growers and access to fresh local foods for urban consumers.

But underlying tensions must be addressed: there are ongoing debates about what — beyond reducing pesticide use — makes farming "sustainable." Farms can be local and non-organic, or organic and non-local; or they may mass-produce a single organic crop for Wal-Mart or Safeway, depleting soils by monocropping, exploiting farm workers, and supporting corporate control over food.

SPROUTING CHANGE


Even in a city known for its conscientious consumption, industrially farmed and processed food remains a juggernaut. Fast food joints are plentiful, serving up fattening doses of unsustainably grown, heavily processed food. Most supermarket chains and smaller produce stores offer minimal organic fare at exorbitant prices, and often nothing remotely local.

More broadly, the city’s food infrastructure is a chaotic polyglot of stores and restaurants, with little design or planning to ensure health and economic diversity. In a market-driven economy, businesses simply rise up and succeed or fail — but food, like housing, education, and health, is a basic human necessity. As with most cities, there is no agency focused on making food sustainable in the broadest sense.

But sustainable foods policies are percoutf8g into the city bureaucracy — albeit sometimes piecemeal and slowly. In July 2005, city leaders made it official policy "to maximize the purchase of organic certified products in the process of procuring necessary goods for the city" — though adding, perhaps fatally, "when such products are available and of comparable cost to non-certified products." As it turns out, cost in particular (and supply to some degree) is a potential stumbling block to making this resolution a reality.

A Food Security Task Force, launched by the Board of Supervisors in 2005, is helping eligible families access and use food stamps, getting food to people in need while circuutf8g more dollars in the city. Getting food to hungry folks is an urgently needed service — but it doesn’t address the underlying poverty at hunger’s roots. Supplying charity food, while necessary on an emergency basis, does little to empower poor people to sustain themselves, and doesn’t ensure the food is healthful or sustainably grown.

Like most of urban America, San Francisco is a city of gastronomic extremes. Home to roughly 3,000 restaurants, triple-digit entrees, and a steady diet of haute cuisine celebrations, the city is an internationally renowned capital of fine food. For those with the money and time, Whole Foods Market and other venues offer bountiful aisles of organic produce, free-range meat, and at least some local fare.

But it’s not equal opportunity dining. For vast swaths of low-income and working class San Francisco, the options for good food are few and far between. Studies have found food "deserts" the size of entire zip codes, almost totally devoid of fresh produce — and other studies show this food gap causes serious nutritional deficits among the poor and people of color.

To put it bluntly, San Francisco suffers from food segregation. Apart from Alemany Farm’s oasis of green goodies, food-parched zones throughout the Tenderloin District, Bayview-Hunters Point, and other poorer quarters of town offer little more than liquor marts, convenience stores, and fast food chains with no fresh food or produce. It’s a surefire recipe for obesity, diabetes, heart disease, and other life-shortening ailments. As one food activist puts it, "homeless people are buying soda because it’s more calories for the money. Nobody wants hungry people — but it doesn’t get talked about."

BRINGING IT ALL TOGETHER


How can all these needs — at once potentially conflicting and unifying — be met at a time when ecological collapse requires radical change, and economic distress makes those changes tougher yet more urgent? A common refrain from activists and policymakers echoes: there’s a lot more we could do, if we had the money.

Dana Woldow, co-chair of the school district’s student nutrition and physical activity committee, says school lunches, once made up of "revolting carnival food," have improved greatly — but they can’t buy more local organic foods because "everyone’s getting hammered on transportation costs. Our district takes a loss on every meal."

A new revenue source, such as a gross receipts tax on large firms, could enlarge the public pie — if there’s the political will to do it. But the lack of cash to create a fully sustainable area food system also reveals a less-than-full commitment by city leaders to turn promising policies into everyday realities.

"Every city should have a food czar," argues Dimock, to "take the contradictions out of city policies," and develop new policies — and leverage state and federal help — to increase food security.

Ultimately the city could use a model food bill — a local, progressive version of the Farm Bill — to bring energy and money and policy coherence to the great work being done on the ground. In such a bill, new laws taxing fast food or high-end dining could create revenue to ensure all city agencies — and its schools, hospitals, and jails — abide by local and organic-first purchasing policies.

Healthy food zone rules could ensure food-deprived poor neighborhoods get targeted grants to promote businesses that feature local foods. And policies could support new urban agriculture ventures using city land to grow food and train and employ residents in need — improving nutrition and the economy.

In the long term, Dimock says, we need to restore our "cultural understanding of how agriculture and food is where humans have our most intimate contact with the natural world." The struggle to recover this is "a symbol of our divorce from the natural world, of leaving the garden. We need a new mythology — we need to return to the garden." *

Christopher D. Cook is the author of Diet for a Dead Planet: Big Business and the Coming Food Crisis, and a former Guardian city editor. He is communications director and food policy advisor for District 9 Supervisor candidate Eric Quezada. His Web site is www.christopherdcook.com

Following the money, made easy

-
1

By Steven T. Jones

The San Francisco Ethics Commission takes a lot of heat (some of it from us), but the employees there have created a great resource for easily following the independent expenditures that are seeking to buy the Board of Supervisors on behalf of the city’s wealthy interest groups, an effort that bodes ill for the San Francisco’s workers and renters.

Groups that include the Building Owners and Managers Association, Citizens for Responsible Growth (a new conservative group formed to counter “the left” that in an August letter pledged “an all-out attack with other like minded groups”), the Association of Realtors, and the Police Officers Association have spent more than $363,000 attacking progressive candidates and supporting their candidates in the swing districts of 1, 3, and 11. As the Guardian reported last week, some of that money originally came from other downtown players, including the Chamber of Commerce, Committee on Jobs, and Pacific Gas & Electric.

The groups aren’t legally supposed to be coordinating their “independent” efforts, either with each other or with the candidates, but the timing of their expenditures seems to suggest they are ensuring a steady, unrelenting drumbeat of political propaganda.

As the chart shows, the progressive supervisorial candidates — Eric Mar, David Chiu, and John Avalos — are also receiving some helpful independent expenditures from the San Francisco Labor Council and the San Francisco Democratic Party. So forget all these distracting nonsense involving Chris Daly, Gavin Newsom, JROTC, and prostitution — who are you going to vote for, the candidates backed by Democrats, environmentalists, and workers, or those pushed by Republicans, landlords, and big corporate interests? The choice is yours.

Downtown’s dirty tricks

-
5

By Steven T. Jones

So everyone knew that downtown financial interests (such as the Committee on Jobs, Chamber of Commerce, Police Officers Association, the Association of Realtors, BOMA, PG&E, etc., not the mention their enablers at the Chronicle and Examiner) would be spending big money this election to try to buy the Board of Supervisors. And we knew they’d fight dirty, particularly in the swing districts of 1, 3, and 11.

But a couple of revelations from the past 24 hours show that the attacks that are filling mailboxes and the airwaves aren’t simply dirty – they’re dishonest, unethical, and perhaps even illegal. The Fog City Journal stumbled onto a great story that appears to show illegal political collusion between Dist. 11 supervisorial candidate Ahsha Safai (the real estate developer candidate of Mayor Gavin Newsom who refused our request for an endorsement interview and won’t return our phone calls) and the POA.

And the Chronicle reports on the complaint that Dist. 3 candidate David Chiu filed with the Ethics Commission after a television ad falsely claimed that he supports legalizing prostitution, despite his consistent opposition to Prop. K, the ballot measure that would do so. The commercial and several mailers also falsely claim that Dist. 11 candidate John Avalos still works for Sup. Chris Daly, who downtown is trying to make the poster child for all that’s wrong with San Francisco.

Of course, PG&E and downtown’s bagman, attorney Jim Sutton, have already been the subject of the biggest fines that the Ethics Commission has ever levied for illegal campaign behavior. So perhaps they’re content to just keep lying now and worry later about paying fines with their seemingly bottomless reservoirs of cash.

Endorsements 2008: East Bay races and measures

-
0

EAST BAY RACES

Alameda County Superior Court judge, Seat 9

DENNIS HAYASHI


A public interest lawyer with a focus on civil rights, Dennis Hayashi has worked for years with the Asian Law Caucus. He was co-counsel in the historic case that challenged Fred Korematsu’s conviction for refusing to report to a Japanese internment camp during World War II. He’s run the state’s Department of Fair Employment and Housing and was a civil rights lawyer in the Clinton administration. He has spent much of his life serving the public interest and would make a fine addition to the bench.

Berkeley mayor

TOM BATES


Tom Bates was a stellar member of the State Assembly once upon a time, and is seen in many quarters as a progressive icon in the East Bay. But he’s been a bit of a disappointment at times as mayor. He’s been dragging his feet on a Berkeley sunshine ordinance, he’s way too friendly with developers, and he helped gut the landmarks-preservation law. He’s supported some terrible candidates (like Gordon Wozniak).

Still, Bates has made some strides on workforce housing and on creating green jobs. He’s fought the University of California over its development plans. And he’s far, far better than his opponent, Shirley Dean.

Dean is even more pro-development than Bates. She’s terrible on tenant issues and won’t be able to work at all with the progressives on the council. We have reservations with Bates, but he’s the better choice.

Berkeley City Council

District 2

DARRYL MOORE


Moore came to the Berkeley City Council with a great track record. We endorsed him for this post in 2004, as did the Green Party. He supports instant-runoff voting and a sunshine ordinance. But he’s been awfully close to the developers and brags that he’s proud to have a high rating from the Berkeley Chamber of Commerce. His opponent, John Crowder, isn’t a serious contender, so we’ll go with Moore, with reservations.

District 3

MAX ANDERSON


Max Anderson is one of two real progressives on the council (the other is Kriss Worthington). Anderson, an ex-Marine, was one of the leaders in the battle against Marine recruitment in Berkeley and has been strong on environmental issues, particularly the fight against spraying the light brown apple moth. He deserves another term.

District 4

JESSE ARREGUIN


Dona Spring, who ably represented District 4 and was a strong progressive voice on the council, died in July, leaving a huge gap in Berkeley politics. The best choice to replace her is Jesse Arreguin, who currently works in the office of Councilmember Kriss Worthington.

Arreguin is the chair of the Rent Stabilization Board and has served on the Zoning Appeals Board and the Downtown Area Plan Advisory Committee, where he out-organized the moderates and pro-development sorts. He supports sustainable, community-based planning and would be an excellent addition to the council

District 5

SOPHIE HAHN


This is a fairly moderate district, and incumbent Laurie Capitelli is the clear favorite. But Capitelli has been terrible on development issues and is too willing to go along with the mayor on land use. Sophie Hahn, a lawyer, is a bit cautious (she didn’t like the city’s involvement in the Marine recruitment center battle), but she’s a strong environmentalist who’s pushing a more aggressive bicycle policy. And she’s a big supporter of local small businesses and wants to promote a "shop local" program in Berkeley. She’s the better choice.

District 6

PHOEBE ANN SORGEN


Incumbent Betty Olds — one of the most conservative members of the city council — is retiring, and she’s endorsed her council aide, Susan Wengraf, for the seat. It’s not a district that tends to elect progressives, and Wengraf, former president of the moderate (and often pro-landlord) Berkeley Democratic Club, is the odds-on favorite.

We’re supporting Phoebe Ann Sorgen, who is probably more progressive than the district and lacks experience in city politics but who is solid on the issues. A member of the Peace and Justice Commission and the KPFA board, she’s pushing alternative-fuel shuttles between the neighborhoods and is, like Sophie Hahn, a proponent of shop-local policies.

Berkeley School Board

JOHN SELAWSKY


BEATRIZ LEVYA-CUTLER


Incumbent John Selawsky has, by almost every account and by almost any standard, done a great job on the school board. He’s mixed progressive politics with fiscal discipline and helped pull the district out of a financial mess a few years back. He knows how to work with administrators, teachers, and neighbors. He richly deserves another term.

Beatriz Levya-Cutler is a parent of a Berkeley High School student and has run a nonprofit that provides preschool care and supplemental education to Berkeley kids. She has the support of everyone from Tom Bates to Kriss Worthington. We’ll endorse her too.

Berkeley Rent Board

NICOLE DRAKE


JACK HARRISON


JUDY SHELTON


JESSE TOWNLEY


IGOR TREGUB


The Berkeley left doesn’t always agree on everything, but there’s a pretty strong consensus in favor of this five-member slate for the Berkeley Rent Board. The five were nominated at an open convention, all have pledged to support tenant rights, and they will keep the board from losing it’s generally progressive slant.

Oakland City Council, at-large

REBECCA KAPLAN


Rebecca Kaplan, an AC Transit Board member, came in first in the June primary for this seat, well ahead of Kerry Hamill, but she fell short of 50 percent, so the two are in a runoff.

Hamill is the candidate of state Sen.(and East Bay kingmaker) Don Perata. Political committees with links to Perata have poured tens of thousands of dollars into a pro-Hamill campaign, and city council member Ignacio de la Fuente, a Perata ally, is raising money for Hamill too.

Kaplan is independent of the Perata political machine. She’s an energetic progressive with lots of good ideas — and a proven track record in office. While on the AC Transit Board, Kaplan pushed for free bus passes for low-income youths. When she decided she wanted the district to offer all-night transit service from San Francisco, she found a way to work with both her own board and the San Francisco Board of Supervisors to iron out the jurisdiction issues and get it done. Her platform calls for affordable housing, rational development, and effective community policing. She’s exactly the kind of candidate Oakland needs, and we’re happy to endorse her.

AC Transit Board of Directors

At large

CHRIS PEEPLES


Chris Peeples was appointed to an open seat in 1997, elected in 1998, and reelected in 2000 and 2004. A longtime advocate for public transit, and AC Transit bus service in particular, Peeples is a widely respected board member who helped secure free transit for lower-income youths and the current low-cost youth passes. Involved in the AC Bus Riders Union, Alliance for AC Transit, Regional Alliance for Transit, Alliance for Sensible Transit, Coalition for a One-Stop Terminal, and many other transit groups, Peeples has served on the Oakland Ethics Commission and is active in the meetings of the Transportation Research Board and the American Public Transportation Association.

Peeples was also involved in the mess that was the Van Hool bus contract, in which AC Transit bought buses from a Belgian company that were poorly designed and had to be changed. Joyce Roy, who is well known in the East Bay for her lawsuit against the Oak to Ninth proposed development and her participation in the ensuing referendum effort, is challenging Peeples because of his support of the Van Hool buses. A retired architect and local public transit advocate, Roy lost the 2004 race for the AC Transit Board, Ward 2, post to current incumbent Greg Harper. But now she is running a stronger race because she has the support of the drivers and passengers, especially the seniors and the disabled, who find these buses uncomfortable and unsafe.

But given Peeples’s long history and generally good record, we’ll endorse him for another term.

Ward 2

GREG HARPER


An East Bay attorney and former Emeryville mayor, Greg Harper was elected in November 2000 and reelected in 2004 to represent Ward 2. Harper appears committed to ridership growth and has become increasingly critical of the district’s attempts to increase fares, not to mention the much maligned decision to purchase Van Hool buses. Harper is in favor of Bus Rapid Transit (BRT) and has a strong record of listening and being responsive to community concerns. He has said that if Berkeley votes to stop BRT-dedicated lanes, he’d only try to implement BRT in his district, if its makes sense.

East Bay Municipal Utility District

Director, Ward 5

DOUG LINNEY


With the East Bay falling short of targeted water savings, it’s increasingly vital that voters elect environmentally conscious EBMUD directors. Doug Linney fits the bill. First elected in 2002 and reelected in 2004, Linney is a solid progressive. Opposed to reservoir expansion, Linney wants to promote water conservation and is open to groundwater storage and water transfers, but only if no environmental damage is done.

Director, Ward 6

BOB FEINBAUM


Incumbent William Patterson has supported dam and reservoir expansion, groundwater storage, wastewater recycling, and desalinization. He has opposed large water transfers from agricultural districts and rate changes that would promote conservation.

His opponent, Bob Feinbaum, is a solid environmentalist who supports water transfers, opposes desalinization and reservoir expansion, and offers promising and sustainable ideas in terms of managing the drought that include setting fair rates for big users and protecting low-income users. He deserves support.

East Bay Regional Parks District

Director, Ward 1

NORMAN LA FORCE


A longtime environmental advocate, Norman La Force has shown a commitment to expanding and preserving parks and open space and tenacity in balancing the public’s desire for recreational facilities and the need for habitat protection for wildlife. We’re happy to endorse him for this office.

EAST BAY MEASURES

Berkeley Measure FF

Library bonds

YES


Measure FF would authorize $26 million in bonds to improve and bring up to code branch libraries in a city where the branches get heavy use and are a crucial part of the neighborhoods. Vote yes.

Berkeley Measure GG

Emergency medical response tax

YES


A proposed tiny tax on improvements in residential and commercial property would fund emergency medical response and disaster preparedness. Vote yes.

Berkeley Measure HH

Park taxes

YES


A legal technicality, Measure HH allows the city to raise the limit on spending so it can allocate taxes that have already been approved to pay for parks, libraries, and other key services.

Berkeley Measure II

Redistricting schedule

YES


This noncontroversial measure would give the city an additional year after the decennial census is completed to finish work on drawing new council districts. After the 2000 census, which undercounted urban populations, Berkeley (and other cities) had to fight to get the numbers adjusted, and that pushed the city up against a statutory limit for redistricting. Measure II would allow a bit more flexibility if, once again, the census numbers are hinky.

Berkeley Measure JJ

Medical marijuana zoning

YES


Berkeley law allows for only three medical marijuana clinics, and this wouldn’t change that limit. But Measure JJ would make pot clinics a defined and permitted use under local zoning laws. Since it’s hard — sometimes almost impossible — to find a site for a pot club now, this measure would allow existing clinics to stay in business if they have to move. Vote yes.

Berkeley Measure KK

Repealing bus-only lanes

NO


Yes, there are problems with the bus-only lanes in Berkeley (they don’t connect to the ferries, for example), but the idea is right. Measure KK would mandate voter approval of all new transit lanes; that’s crazy and would make it much harder for the city to create what most planners agree are essential new modes of public transit. Vote no.

Berkeley Measure LL

Landmarks preservation

NO


Developers in Berkeley (and, sad to say, Mayor Tom Bates) see the Landmarks Preservation Commission as an obstacle to development, and they want to limit its powers. This is a referendum on the mayor’s new rules; if you vote no, you preserve the ability of the landmarks board to protect property from development.

Oakland Measure N

School tax

YES


This is a parcel tax to fund Oakland public schools. San Francisco just passed a similar measure, aimed at providing better pay for teachers. Parcel taxes aren’t the most progressive money source — people who own modest homes pay the same per parcel as the owners of posh commercial buildings — but given the lack of funding choices in California today, Measure N is a decent way to pay for better school programs. Vote yes.

Oakland Measure OO

Children and youth services

YES


This is a set-aside to fund children and youth services. We’re always wary about set-asides, but kids are a special case: children can’t vote, and services for young people are often tossed aside in the budget process. San Francisco’s version of this law has worked well. Vote yes.

ALAMEDA COUNTY MEASURES

Measure VV

AC Transit parcel tax

YES


In face of rising fuel costs and cuts in state funding, AC Transit wants to increase local funding to avoid fare increases and service cuts. Measure VV seeks to authorize an annual special parcel tax of $96 per year for 10 years, starting in 2009.

The money is intended for the operation and maintenance of the bus service. Two-thirds voter approval is needed. If passed, a community oversight committee would monitor how the money is being spent.

The measure has the support of the Sierra Club’s San Francisco Bay Chapter and the League of Women Voters.

Measure WW

Extension of existing East Bay Park District bond

YES


The East Bay Regional Park District operates 65 regional parks and more than a thousand miles of trails. It’s an amazing system and a wonderful resource for local residents. But the district needs ongoing sources of money to keep this system in good shape. Measure WW would reauthorize an existing East Bay Park District bond. This means that the owner of a $500,000 home would continue to pay $50 a year for the next 20 years.

One quarter of the monies raised would go to cities, special park and recreation districts, and county service areas. The remaining 75 percent would go toward park acquisitions and capital projects. The bonds constitute a moderate burden on property owners but seem like a small price to ensure access to open space for people of all economic backgrounds. Vote yes.

>>More Guardian Endorsements 2008

Rev. Billy blesses Prop. H

-
0

By Steven T. Jones

Rev. Billy and his Church of Stop Shopping is rolling its anti-consumerist revival through California and including a stop tonight in San Francisco, where he’ll bless Prop. H, the Clean Energy Act. Doors at the Noe Valley Ministry, 1021 Sanchez St. at 24th Street, open at 7:15 and the show begins at 8. Rev. Billy is a performance artist who honed his unique political theater in the Burning Man culture and has strong ties to San Francisco, although he’s based in New York City, the citadel of late capitalism.

He’ll be introduced by arts impresario Chicken John, who is battling with the Ethics Commission over that body’s efforts to audit the spending by his mayoral campaign. Chicken now says that he’s decided to go ahead and let Ethics officials have his records, but that he plans to do so by wheat-pasting them onto an art project that he’ll unveil during an Oct. 9 event at CELLspace.

There’s never a dull moment in San Francisco’s politically active counterculture.

Project Censored

-
0

› amanda@sfbg.com

The daily dispatches and nightly newscasts of the mainstream media regularly cover terrorism, but rarely discuss how the fear of attacks is used to manipulate the public and set policy. That’s the common thread of many unreported stories last year, according to an analysis by Project Censored.

Since 1976, Sonoma State University has released an annual survey of the top 25 stories the mainstream media failed to report or reported poorly. Culled from worldwide alternative news sources, vetted by students and faculty, and ranked by judges, the stories were not necessarily overtly censored. But their controversial subjects, challenges to the status quo, or general under-the-radar subject matter might have kept them from the front pages. Project Censored recounts them, accompanied by media analysis, in a book of the same name published annually by Seven Stories Press.

"This year, war and civil liberties stood out," Peter Phillips, project director since 1996, said of the top stories. "They’re closely related and part of the War on Terror that has been the dominant theme of Project Censored for seven years, since 9/11."

Whether it’s preventing what one piece of legislation calls "homegrown terrorism" by federally funding the study of radicalism, using vague concerns about security to quietly expand NAFTA, or refusing to count the number of Iraqi civilians killed in the war, the threat of terrorism is being used to silence people and expand power.

"The war on terror is a sort of mind terror," said Nancy Snow, one of the project’s 24 judges and an associate professor of public diplomacy at the Newhouse School of Public Communications at Syracuse University. Snow — who has taught classes on war, media, and propaganda — elaborated: "You can’t declare war on terror. It’s a tactic used by groups to gain publicity and it will remain with us. But it’s unlikely that [the number of terrorist acts] will spike. It spikes in the minds of people."

She pointed out that the number of terrorist attacks has dropped worldwide since 2003. Some use the absence of fresh attacks as evidence that the so-called war on terror is working. But a RAND Corporation study for the Department of Defense released in August said the war on terror hasn’t effectively undermined Al Qaeda. It suggested the phrase be replaced with the less loaded term "counterterrorism."

Both Phillips and Snow agree that comprehensive, contextual reporting is missing from most of the coverage. "That’s one of my criticisms of the media," Snow said. "They spotlight issues and don’t look at the entire landscape."

This year the landscape of Project Censored itself is expanding. After talking with educators who bemoan the ongoing decline of news quality and want to help, Phillips launched the Truth Emergency Project, in which Sonoma State partners with 23 other universities. All will host classes for students to search out untold stories, vet them for accuracy, and submit them for consideration to Project Censored.

"There’s a renaissance of independent media," Phillips said. He thinks bloggers and citizen journalists are filling crucial roles left vacant by staff cutbacks throughout the mainstream media. And, he said, it’s time for universities, educators, and media experts to step in and help. "It’s not just reforming the media, but supporting them in as many ways as they need, like validating stories by fact-checking."

The Truth Emergency Project will also host a news service that aggregates the top 12 independent media sources and posts them on one page. "So you can get an RSS feed from all the major independent news sources we trust," he said. Discerning newshounds can find reporting from the BBC, Democracy Now!, and Inter Press Service (IPS) in one spot. "The whole criteria," he said, "is no corporate media."

Carl Jensen, who started Project Censored in 1976, said the expansion is a new and necessary phase. "It answers the question I was always challenged with: how do you know this is the truth? Having 24 campuses reviewing all the stories and raising questions really provides a good answer. These stories will be vetted more than Sarah Palin."

Phillips said he hopes to expand to 100 schools within the year, and would like the project to bring more attention to the dire need for public support for high quality news reporting. "I think it’s going to require government subsidies and nonprofit organizations doing community media projects," he said. "It’s more than just reforming at the FCC level. It’s building independent media from the ground up."

Phillips likens it to the boom in microbrewed beer and the spread of independently-owned pubs: "If we can have a renaissance in beer-making, following established purity standards, then we can do it with our media, too." But for now, we have Project Censored, whose top 10 underreported stories for 2008 are:

1. HOW MANY IRAQIS HAVE DIED?


Nobody knows exactly how many lives the Iraq War has claimed. But even more astounding is that so few journalists have mentioned the issue or cited the top estimate: 1.2 million.

During August and September 2007, Opinion Research Business, a British polling group, surveyed 2,414 adults in 15 of 18 Iraqi provinces and found that more than 20 percent had experienced at least one war-related death since March 2003. Using common statistical study methods, it determined that as many as 1.2 million people had been killed since the war began.

The US military, claiming it keeps no count, still employs civilian death data as a marker of progress. For example, in a Sept. 10, 2007, report to Congress, Gen. David Petraeus said, "Civilian deaths of all categories, less natural causes, have also declined considerably, by over 45 percent Iraq-wide since the height of the sectarian violence in December."

But whose number was he using? Estimates range wildly and are based on a variety of sources, including hospital, morgue, and media reports, as well as in-person surveys.

In October 2006, the British medical journal Lancet published a Johns Hopkins University study vetted by four independent sources that counted 655,000 dead, based on interviews with 1,849 households. It updated a similar study from 2004 that counted 100,000 dead. The Associated Press called it "controversial."

The AP began its own count in 2005 and by 2006 said that at least 37,547 Iraqis had lost their lives due to war-related violence, but called it a minimum estimate at best and didn’t include insurgent deaths.

Iraq Body Count, a group of US and UK citizens who aggregate numbers from media reports on civilian deaths, puts the figure between 87,000 and 95,000. In January 2008, the World Health Organization and the Iraqi government did door-to-door surveys of nearly 10,000 households and put the number of dead at 151,000.

The 1.2 million figure is out there, too, which is higher than the Rwandan genocide death toll and closing in on the 1.7 million who perished in Cambodia’s killing fields. It raises questions about the real number of deaths from US aerial bombings and house raids, and challenges the common assumption that this is a war in which Iraqis are killing Iraqis.

Justifying the higher number, Michael Schwartz, writing on the blog AfterDowningStreet.org, pointed to a fact reported by the Brookings Institute that US troops have, over the past four years, conducted about 100 house raids a day — a number that has recently increased with assistance from Iraqi soldiers.

Brutality during these house searches has been documented by returning soldiers, Iraqi civilians, and independent journalists (See #9 below). Schwartz suggests the aggressive "element of surprise" tactics employed by soldiers is likely resulting in several thousands of deaths a day that either go unreported or are categorized as insurgent casualties.

The spin is having its intended effect: a February 2007 AP poll showed Americans gave a median estimate of 9,890 Iraqi deaths as a result of the war, a number far below that cited in any credible study.

Sources: "Is the United States killing 10,000 Iraqis every month? Or is it more?" Michael Schwartz, After Downing Street.org, July 6, 2007; "Iraq death toll rivals Rwanda Genocide, Cambodian killing fields," Joshua Holland, AlterNet, Sept. 17, 2007; "Iraq conflict has killed a million: survey," Luke Baker, Reuters, Jan. 30, 2008; "Iraq: Not our country to return to," Maki al-Nazzal and Dahr Jamail, Inter Press Service, March 3, 2008.

2. NAFTA ON STEROIDS


Coupling the perennial issue of security with Wall Street’s measures of prosperity, the leaders of the three North American nations convened the Security and Prosperity Partnership. The White House–led initiative — launched at a March 23, 2005, meeting of President Bush, Mexico’s then-president Vicente Fox, and Canadian Prime Minister Paul Martin — joins beefed-up commerce with coordinated military operations to promote what it calls "borderless unity."

Critics call it "NAFTA on steroids." However, unlike NAFTA, the SPP was formed in secret, without public input.

"The SPP is not a law, or a treaty, or even a signed agreement," Laura Carlsen wrote in a report for the Center for International Policy. "All these would require public debate and participation of Congress, both of which the SPP has scrupulously avoided."

Instead the SPP has a special workgroup: the North American Competitiveness Council. It’s a coalition of private companies that are, according to the SPP Web site, "adding high-level business input [that] will assist governments in enhancing North America’s competitive position and engage the private sector as partners in finding solutions."

The NACC includes the Chevron Corporation, Ford Motor Company, General Electric, Lockheed Martin Corporation, Merck & Co. Inc., New York Life Insurance Co., Procter & Gamble Co., and Wal-Mart Stores, Inc.

"Where are the environmental council, the labor council, and the citizen’s council in this process?" Carlsen asked.

A look at NAFTA’s unpopularity among citizens in all three nations is evidence of why its expansion would need to be disguised. "It’s a scheme to create a borderless North American Union under US control without barriers to trade and capital flows for corporate giants, mainly US ones," wrote Steven Lendman in Global Research. "It’s also to insure America gets free and unlimited access to Canadian and Mexican resources, mainly oil, and in the case of Canada, water as well."

Sources: "Deep Integration," Laura Carlsen, Center for International Policy, May 30, 2007; "The Militarization and Annexation of North America," Stephen Lendman, Global Research, July 19, 2007; "The North American Union," Constance Fogal, Global Research, Aug. 2, 2007.

3. INFRAGARD GUARDS ITSELF


The FBI and Department of Homeland Security have effectively deputized 23,000 members of the business community, asking them to tip off the feds in exchange for preferential treatment in the event of a crisis. "The members of this rapidly growing group, called InfraGard, receive secret warnings of terrorist threats before the public does — and, at least on one occasion, before elected officials," Matthew Rothschild wrote in the March 2008 issue of The Progressive.

InfraGard was created in 1996 in Cleveland as part of an FBI probe into cyberthreats. Yet after 9/11, membership jumped from 1,700 to more than 23,000, and now includes 350 of the nation’s Fortune 500 companies. Members typically have a stake in one of several crucial infrastructure industries, including agriculture, banking, defense, energy, food, telecommunications, law enforcement, and transportation. The group’s 86 chapters coordinate with 56 FBI field offices nationwide.

While FBI Director Robert Mueller has said he considers this segment of the private sector "the first line of defense," the American Civil Liberties Union issued a grave warning about the potential for abuse. "There is evidence that InfraGard may be closer to a corporate TIPS program, turning private-sector corporations — some of which may be in a position to observe the activities of millions of individual customers — into surrogate eyes and ears for the FBI," it cautioned in an August 2004 report.

"The FBI should not be creating a privileged class of Americans who get special treatment," Jay Stanley, public education director of the ACLU’s technology and liberty program, told Rothschild.

And they are privileged: a DHS spokesperson told Rothschild that InfraGard members receive special training and readiness exercises. They’re also privy to protected information that is usually shielded from disclosure under the trade secrets provision of the Freedom of Information Act.

The information they have may be of critical importance to the general public, but first it goes to the privileged membership — sometimes before it’s released to elected officials. As Rothschild related in his story, on Nov. 1, 2001, the FBI sent an alert to InfraGard members about a potential threat to bridges in California. Barry Davis, who worked for Morgan Stanley, received the information and relayed it to his brother Gray, then governor of California, who released it to the public.

Steve Maviglio, Davis’s press secretary at the time, told Rothschild, "The governor got a lot of grief for releasing the information. In his defense, he said, ‘I was on the phone with my brother, who is an investment banker. And if he knows, why shouldn’t the public know?’<0x2009>"

Source: "The FBI deputizes business," Matthew Rothschild, The Progressive, Feb. 7, 2008.

4. ILEA: TRAINING GROUND FOR ILLEGAL WARS?


The School of the Americas earned an unsavory reputation in Latin America after many graduates of the Fort Benning, Ga., facility turned into counterinsurgency death squad leaders. So the International Law Enforcement Academy recently installed by the Unites States in El Salvador — which looks, acts, and smells like the SOA — is also drawing scorn.

The school, which opened in June 2005 before the Salvadoran National Assembly approved it, has a satellite operation in Peru and is funded with $3.6 million from the US Treasury and staffed with instructors from the DEA, ICE, and FBI. It’s tasked with training 1,500 police officers, judges, prosecutors, and other law enforcement agents in counterterrorism techniques per year. It’s stated purpose is to make Latin America "safe for foreign investment" by "providing regional security and economic stability and combating crime."

ILEAs aren’t new, but past schools located in Hungary, Thailand, Botswana, and Roswell, N.M., haven’t been terribly controversial. Yet Salvadoran human rights organizers take issue with the fact that, in true SOA fashion, the ILEA releases neither information about its curriculum nor a list of students and graduates. Additionally, the way the school slipped into existence without public oversight has raised ire.

As Wes Enzinna noted in a North American Congress on Latin America report, when the US decided it wanted a training ground in Latin America, El Salvador was not the first choice. In 2002 US officials selected Costa Rica as host — a country that doesn’t even have an army. The local government signed on and the plan made headlines. But when citizens learned about it, they revolted and demanded the government change the agreement. The US bailed for a more discreet second attempt in El Salvador.

"Members of the US Congress were not briefed about the academy, nor was the main opposition party in El Salvador, the Farabundo Martí-National Liberation Front (FMLN)," Enzinna wrote. "But once the news media reported that the two countries had signed an official agreement in September, activists in El Salvador demanded to see the text of the document." Though they tried to garner enough opposition to kill the agreement, the National Assembly narrowly ratified it.

Now, after more than three years in operation, critics point out that Salvadoran police, who account for 25 percent of the graduates, have become more violent. A May 2007 report by Tutela Legal implicated Salvadoran National Police (PNC) officers in eight death squad–style assassinations in 2006.

El Salvador’s ILEA recently received another $2 million in US funding through the congressionally approved Mérida Initiative — but still refuses to adopt a more transparent curriculum and administration, despite partnering with a well-known human rights leader. Enzinna’s FOIA requests for course materials were rejected by the government, so no one knows exactly what the school is teaching, or to whom.

Sources: "Exporting US ‘Criminal Justice’ to Latin America," "Community in Solidarity with the people of El Salvador," Upside Down World, June 14, 2007; "Another SOA?" Wes Enzinna, NACLA Report on the Americas, March/April 2008; "ILEA funding approved by Salvadoran right wing legislators," CISPES, March 15, 2007; "Is George Bush restarting Latin America’s ‘dirty wars?’<0x2009>" Benjamin Dangl, AlterNet, Aug. 31, 2007.

5. SEIZING PROTEST


Protesting war could get you into big trouble, according to a critical read of two executive orders recently signed by President Bush. The first, issued July 17, 2007, and titled, "Blocking property of certain persons who threaten stabilization efforts in Iraq," allows the feds to seize assets from anyone who "directly or indirectly" poses a risk to the US war in Iraq. And, citing the modern technological ease of transferring funds and assets, the order states that no prior notice is necessary before the raid.

On Aug. 1, Bush signed another order, similar but directed toward anyone undermining the "sovereignty of Lebanon or its democratic processes and institutions." In this case, the Secretary of the Treasury can seize the assets of anyone perceived as posing a risk of violence, as well as the assets of their spouses and dependents, and bans them from receiving any humanitarian aid.

Critics say the orders bypass the right to due process and the vague language makes manipulation and abuse possible. Protesting the war could be perceived as undermining or threatening US efforts in Iraq. "This is so sweeping, it’s staggering," said Bruce Fein, a former Reagan administration official in the Justice Department who editorialized against it in the Washington Times. "It expands beyond terrorism, beyond seeking to use violence or the threat of violence to cower or intimidate a population."

Sources: "Bush executive order: Criminalizing the antiwar movement," Michel Chossudovsky, Global Research, July 2007; "Bush’s executive order even worse than the one on Iraq," Matthew Rothschild, The Progressive, Aug. 2007.

6. RADICALS = TERRORISTS


On Oct. 23, 2007, the House of Representatives overwhelmingly passed — by a vote of 404-6 — the "Violent Radicalization and Homegrown Terrorism Prevention Act," designed to root out the causes of radicalization in Americans.

With an estimated four-year cost of $22 million, the act establishes a 10-member National Commission on the Prevention of Violent Radicalization and Homegrown Terrorism, as well as a university-based Center of Excellence "to examine the social, criminal, political, psychological, and economic roots of domestic terrorism," according to a press release from the bill’s author, Rep. Jane Harman (D-Los Angeles).

During debate on the bill, Harman said, "Free speech, espousing even very radical beliefs, is protected by our Constitution. But violent behavior is not."

Jessica Lee, writing in the Indypendent, a newspaper put out by the New York Independent Media Center, pointed out that in a later press release Harman stated: "the National Commission [will] propose to both Congress and [Department of Homeland Security Secretary Michael] Chertoff initiatives to intercede before radicalized individuals turn violent."

Which could be when they’re speaking, writing, and organizing in ways that are protected by the First Amendment. This redefines civil disobedience as terrorism, say civil rights experts, and the wording is too vague. For example, the definition of "violent radicalization" is "the process of adopting or promoting an extremist belief system for the purpose of facilitating ideologically based violence to advance political, religious, or social change."

"What is an extremist belief system? Who defines this? These are broad definitions that encompass so much…. It is criminalizing thought and ideology," said Alejandro Queral, executive director of the Northwest Constitutional Rights Center in Portland, Ore.

Though the ACLU recommended some changes that were adopted, it continued to criticize the bill. Harman, in a response letter, said free speech is still free and stood by the need to curb ideologically-based violence.

The story didn’t make it onto the CNN ticker, but enough independent sources reported on it that the equivalent Senate Bill 1959 has since stalled. After introducing the bill, Sen. Susan Collins (R-Me.), later joined forces with Sen. Joe Lieberman (I-Conn.) on a report criticizing the Internet as a tool for violent Islamic extremism.

Despite an outcry from civil liberties groups, days after the report was released Lieberman demanded that YouTube remove a number of Islamist propaganda videos. YouTube canned some that broke their rules regarding violence and hate speech, but resisted censoring others. The ensuing battle caught the attention of the New York Times, and on May 25 it editorialized against Lieberman and S 1959.

Sources: "Bringing the war on terrorism home," Jessica Lee, Indypendent, Nov. 16, 2007; "Examining the Homegrown Terrorism Prevention Act," Lindsay Beyerstein, In These Times, Nov. 2007; "The Violent Radicalization Homegrown Terrorism Prevention Act of 2007," Matt Renner, Truthout, Nov. 20, 2007

7. SLAVERY’S RUNNER-UP


Every year, about 121,000 people legally enter the United States to work with H-2 visas, a program legislators are touting as part of future immigration reform. But Rep. Charles Rangel (D-N.Y.) called this guest worker program "the closest thing I’ve ever seen to slavery."

The Southern Poverty Law Center likened it to "modern day indentured servitude." They interviewed thousands of guest workers and reviewed legal cases for a report released in March 2007, in which authors Mary Bauer and Sarah Reynolds wrote, "Unlike US citizens, guest workers do not enjoy the most fundamental protection of a competitive labor market — the ability to change jobs if they are mistreated. Instead, they are bound to the employers who ‘import’ them. If guest workers complain about abuses, they face deportation, blacklisting, or other retaliation."

When visas expire, workers must leave the country, hardly making this the path to permanent citizenship legislators are looking for. The H-2 program mimics the controversial bracero program, established through a joint agreement between Mexico and the United States in 1942 that brought 4.5 million workers over the border during the 22 years it was in effect.

Many legal protections were written into the program, but in most cases they existed only on paper in a language unreadable to employees. In 1964 the program was shuttered amid scores of human rights abuses and complaints that it undermined petitions for higher wages from US workers. Soon after, United Farm Workers organized, which César Chávez said would have been impossible if the bracero program still existed.

Years later, it essentially still does. The H-2A program, which accounted for 32,000 agricultural workers in 2005, has many of the same protections — and many of the same abuses. Even worse is the H-2B program, used by 89,000 non-agricultural workers annually. Created by the Immigration Reform and Control Act of 1986, none of the safeguards of the H-2A visa are legally required for H-2B workers.

Still, Mexicans are literally lining up for H-2B status, the stark details of which were reported by Felicia Mello in The Nation. Furthermore, thousands of illegal immigrants are employed throughout the country, providing cheap, unprotected labor and further undermining the scant provisions of the laws. Labor contractors who connect immigrants with employers are stuffing their pockets with cash, while the workers return home with very little money.

The Southern Poverty Law Center outlined a list of comprehensive changes needed in the program, concluding, "For too long, our country has benefited from the labor provided by guest workers but has failed to provide a fair system that respects their human rights and upholds the most basic values of our democracy. The time has come for Congress to overhaul our shamefully abusive guest worker system."

Sources: "Close to Slavery," Mary Bauer and Sarah Reynolds, Southern Poverty Law Center, March 2007; "Coming to America," Felicia Mello, The Nation, June 25, 2007; "Trafficking racket," Chidanand Rajghatta, Times of India, March 10, 2008.

8. BUSH CHANGES THE RULES


The Bush administration’s Office of Legal Counsel in the Department of Justice has been issuing classified legal opinions about surveillance for years. As a member of the Senate Intelligence Committee, Sen. Sheldon Whitehouse (D-R.I.) had access to the DOJ opinions on presidential power and had three declassified to show how the judicial branch has, in a bizarre and chilling way, assisted President Bush in circumventing its own power.

According to the three memos:

"There is no constitutional requirement for a President to issue a new executive order whenever he wishes to depart from the terms of a previous executive order. Rather than violate an executive order, the President has instead modified or waived it";

"The President, exercising his constitutional authority under Article II, can determine whether an action is a lawful exercise of the President’s authority under Article II," and

"The Department of Justice is bound by the President’s legal determinations."

Or, as Whitehouse rephrased in a Dec. 7, 2007, Senate speech: "I don’t have to follow my own rules, and I don’t have to tell you when I’m breaking them. I get to determine what my own powers are. The Department of Justice doesn’t tell me what the law is. I tell the Department of Justice what the law is."

The issue arose within the context of the Protect America Act, which expands government surveillance powers and gives telecom companies legal immunity for helping. Whitehouse called it "a second-rate piece of legislation passed in a stampede in August at the behest of the Bush administration."

He pointed out that the act does not prohibit spying on Americans overseas — with the exception of an executive order that permits surveillance only of Americans whom the Attorney General determines to be "agents of a foreign power."

"In other words, the only thing standing between Americans traveling overseas and government wiretap is an executive order," Whitehouse said in an April 12 speech. "An order this president, under the first legal theory I cited, claims he has no legal obligation to obey."

Whitehouse, a former US Attorney, legal counsel to Rhode Island’s governor, and Rhode Island Attorney General who took office in 2006, went on to point out that Marbury vs. Madison, written by Chief Justice John Marshall in 1803, established that it is "emphatically the province and duty of the judicial department to say what the law is."

Sources: "In FISA Speech, Whitehouse sharply criticizes Bush Administration’s assertion of executive power," Sheldon Whitehouse, Dec. 7, 2007; "Down the Rabbit Hole," Marcy Wheeler, The Guardian (UK), Dec. 26, 2007.

9. SOLDIERS SPEAK OUT


Hearing soldiers recount their war experiences is the closest many people come to understanding the real horror, pain, and confusion of combat. One would think that might make compelling copy or powerful footage for a news outlet. But in March, when more than 300 veterans from the wars in Iraq and Afghanistan convened for four days of public testimony on the war, they were largely ignored by the media.

Winter Soldier was designed to give soldiers a public forum to air some of the atrocities they witnessed. Originally convened by Vietnam Vets Against the War in January 1971, more than 100 Vietnam veterans and 16 civilians described their war experiences, including rapes, torture, brutalities, and killing of non-combatants. The testimony was entered into the Congressional Record, filmed, and shown at the Cannes Film Festival.

Iraq Veterans Against the War hosted the 2008 reprise of the 1971 hearings. Aaron Glantz, writing in One World, recalled testimony from former Marine Cpl. Jason Washburn, who said, "his commanders encouraged lawless behavior. ‘We were encouraged to bring ‘drop weapons,’ or shovels. In case we accidentally shot a civilian, we could drop the weapon on the body and pretend they were an insurgent.’<0x2009>"

An investigation by Chris Hedges and Laila Al-Arian in The Nation that included interviews with 50 Iraq war veterans also revealed an overwhelming lack of training and resources, and a general disregard for the traditional rules of war.

Though most major news outlets sent staff to cover New York’s Fashion Week, few made it to Silver Spring, Md. for the Winter Soldier hearings. Fortunately, KPFA and Pacifica Radio broadcast the testimonies live and, in an update to the story, said they were "deluged with phone calls, e-mails, and blog posts from service members, veterans, and military families thanking us for breaking a cultural norm of silence about the reality of war." Testimonies can still be heard at www.ivaw.org.

Sources: "Winter Soldier: Iraq & Afghanistan eyewitness accounts of the occupation," Iraq Veterans Against the War, March 13-16, 2008; "War comes home," Aaron Glantz, Aimee Allison, and Esther Manilla, Pacifica Radio, March 14-16, 2008; "US Soldiers testify about war crimes," Aaron Glantz, One World, March 19, 2008; "The Other War," Chris Hedges and Laila Al-Arian, The Nation, July 30, 2007.

10. APA HELPS CIA TORTURE


Psychologists have been assisting the CIA and US military with interrogation and torture of Guantánamo detainees — which the American Psychological Association has said is fine, despite objections from many of its 148,000 members.

A 10-member APA task force convened on the divisive issue in July 2005 and found that assistance from psychologists was making the interrogations safe and the group deferred to US standards on torture over international human-rights organizations’ definitions.

The task force was criticized by APA members for deliberating in secret, and later it was revealed that six of the 10 participants had ties to the armed services. Not only that, but as Katherine Eban reported in Vanity Fair, "Psychologists, working in secrecy, had actually designed the tactics and trained interrogators in them while on contract to the CIA."

In particular, psychologists James Mitchell and Bruce Jessen, neither of whom are APA members, honed a classified military training program known as SERE [Survival, Evasion, Resistance, Escape] that teaches soldiers how to tough out torture if captured by enemies. "Mitchell and Jessen reverse-engineered the tactics inflicted on SERE trainees for use on detainees in the global war on terror," Eban wrote.

And, as Mark Benjamin noted in a Salon article, employing SERE training — which is designed to replicate torture tactics that don’t abide by Geneva Convention standards — refutes past administration assertions that current CIA torture techniques are safe and legal. "Soldiers undergoing SERE training are subject to forced nudity, stress positions, lengthy isolation, sleep deprivation, sexual humiliation, exhaustion from exercise, and the use of water to create a sensation of suffocation," Benjamin wrote.

Eban’s story outlined how SERE tactics were spun as "science" despite a lack of data and the critique that building rapport works better than blows to the head. Specifically, he said, it’s been misreported that CIA torture techniques got Al Qaeda operative Abu Zubaydah to talk, when it was actually FBI rapport-building. In spite of this, SERE techniques became standards in interrogation manuals that eventually made their way to US officers guarding Abu Ghraib.

Ongoing uproar within the APA resulted in a petition to make an official policy limiting psychologists’ involvement in interrogations. On Sept. 17, a majority of 15,000 voting members approved a resolution stating that psychologists may not work in settings where "persons are held outside of, or in violation of, either International Law (e.g., the UN Convention Against Torture and the Geneva Conventions) or the US Constitution (where appropriate), unless they are working directly for the persons being detained or for an independent third party working to protect human rights."

Sources: "The CIA’s torture teachers," Mark Benjamin, Salon, June 21, 2007; "Rorschach and awe," Katherine Eban, Vanity Fair, July 17, 2007.

OTHER STORIES IN THE TOP 25


11. El Salvador’s Water Privatization and the Global War on Terror

12. Bush Profiteers Collect Billions from No Child Left Behind

13. Tracking Billions of Dollars Lost in Iraq

14. Mainstreaming Nuclear Waste

15. Worldwide Slavery

16. Annual Survey on Trade Union Rights

17. UN’s Empty Declaration of Indigenous Rights

18. Cruelty and Death in Juvenile Detention Centers

19. Indigenous Herders and Small Farmers Fight Livestock Extinction

20. Marijuana Arrests Set New Record

21. NATO Considers "First Strike" Nuclear Option

22. CARE Rejects US Food Aid

23. FDA Complicit in Pushing Pharmaceutical Drugs

24. Japan Questions 9/11 and the Global War on Terror

25. Bush’s Real Problem with Eliot Spitzer

Read them all at projectcensored.org

———————————————————–

CENSORED IN SAN FRANCISCO

Good stories are going untold everywhere, but Project Censored can’t cover it all. The project focuses on national an international news, but in a place politically, environmentally, and socially charged as the Bay Area, there’s plenty going on that major media sources ignore, underplay, black out, or misreport.

We called local activists, politicians, freelance journalists, and media experts to come up with a list of a few Bay Area censored stories. Post a comment and add your own!

>> The truth about Prop. H: Pacific Gas and Electric Company has been spending millions to tell lies about the Clean Energy Act, Proposition H. But the mainstream press has done nothing to counter that misinformation.

>> The dirty secret of the secrecy law: Vioutf8g San Francisco’s local public records law, the Sunshine Ordinance, carries no penalty, so city agencies do it at will. The failure of the district attorney and Ethics Commission to enforce the law has undermined open-government efforts.

>> The military red herring: The real politics of the JROTC ballot measure have little to do with this particular program. Downtown and the Republican party are using the measure as a wedge issue against progressives

>> The mayor’s war on affordable housing: Mayor Gavin Newsom, who touts his record on homelessness, has actually opposed every major affordable-housing measure proposed by the Board of Supervisors in the last five years. And since Newsom became mayor the city homeless population has increased — but shelter closings have cost the city 400 beds.

>> The hidden cost of attacking immigrants: The San Francisco Chronicle and Mayor Gavin Newsom have been demanding a crackdown on undocumented immigrants in the name of law enforcement – but the move has made immigrants less likely to cooperate with the police and thus is hindering criminal-justice

Chicken to Ethics: Fuck you!

-
2

cookedchicken.jpg

By Steven T. Jones

The 2007 mayoral campaign of outsider arts impresario Chicken John Rinaldi is the target of a random audit by the San Francisco Ethics Commission, which last night voted unanimously to authorize issuing subpoenas against the campaign after the candidate failed to respond to initial inquiries.

But after a long and frustrating battle with the Ethics bureaucracy to win public matching funds for his campaign, a quest that fell just short, Rinaldi said he has no intention of cooperating with the agency, which can levy daily fines for non-compliance.

“I’m not giving them a fucking thing. I’m not cooperating with those fuckers,” Rinaldi told the Guardian this afternoon, blaming the Ethics Commission for arbitrarily denying him matching funds after making him spend valuable time and money jumping through their hoops. “At the very least, they’re going to have to work for it.”

The case is already catching the attention the growing cadre of critics of how Ethics operates (particularly with its tendency to audit campaigns that run against powerful incumbents and institutions), who see Rinaldi as the latest target. Rinaldi echoed many of their concerns. “They made damn sure I didn’t get the matching funding,” he said. “The Ethics Commission’s sole purpose on the planet is to make sure nobody runs for office.”

“Let ’em fine me,” Rinaldi, who is currently living in New York City building junks boats that run on gasification technology, told us. “They’re not going to get a penny out of me because I have nothing.”

1...111213...17Page 12 of 17

48hills.org is the official publication of the non-profit San Francisco Progressive Media Center.
Contact us: info@48hills.org