Government

Why do evictions continue despite widespread banking fraud?

9

Do you think a groundbreaking report – showing that 84 percent of foreclosures in San Francisco over the last three years involved faulty paperwork, some of it amounting to fraud – would finally mean swift justice for victims of those crimes?

Think again.

According to Assessor-Recorder Phil Ting, whose office produced the astonishing report, government action is certainly appropriate in the follow-up to the report. “There are potential legal action on behalf of the attorney general and potential policy solutions at the state level,” said Ting.

But these solutions will likely take their long, bureaucratic time. And in the meantime, San Francisco homeowners — many of whom say that they were lied to, tricked, or defrauded by the lenders or beneficiaries of their mortgage loans — will continue to be kicked out of their homes with no legal oversight.

People have been claiming these injustices for years. Now, the report has proven that the vast majority of them are probably right.

“Until now, public information in California regarding improper foreclosure practices has been largely anecdotal. This report is important because it is the first to provide a rigorous, quantifiable analysis of the nature and frequency of foreclosure irregularities in California,” said Lou Pizante of Aequitas, a mortgage investigation firm that partnered with the Assessor-Recorder’s office to produce the report, in a press release.

The report focuses on six areas: assignments, notice of default, substitution of trustee, notice of trustee sale, suspicious activities indicative of potential fraud, and conflicts relating to MERS (short for Mortgage Electronic Registration Systems, Inc.).

In 99 percent of loans, the report identifies “one of more irregularities.” In 84 percent, there were “what appear to be one or more clear violations of the law.”
These violations include forging signatures, failing to file proper paperwork, failing to notify borrowers of things that they are legally required to know such as changes in the owners of their mortgages and notices that they have been put on track for foreclosure. And lots of felony fraud. 

Yet Ting told us it will be difficult to use these findings to hold banks and other lenders accountable, at least any time soon.
The report is likely the beginning of a lengthy process that will, at best, involve investigations from several city and state departments.
Matt Dorsey, press secretary for the city attorney’s office, confirmed that “we’re working with our client department the Assessor-Recorder,” but couldn’t say much else.

District Attorney George Gascon released a statement addressing the report, which says that “Mortgage-related fraud is a top priority in my office will prosecute those who pray on vulnerable homeowners. Many people have lost their homes due to foreclosures, tearing apart families and communities.”

But according to Assistant District Attorney Omid Talai, the DA’s office cannot begin looking into the cases until it receives documents from the Assessor-Recorder detailing the allegations in the report.

Talai emphasized that “our door remains open, and we would always welcome anyone with any kind of information”; homeowners with documents that they believe contain proof of invalid foreclosure proceedings can go to the DA themselves.

But will the release of the report help these homeowners?
 
When asked if people who believe they were a victim of these “irregularities” and “felony crimes” could use the report to challenge their lenders, Ting replied, “they could potentially.”

But, “the alternate question would be asked, which is: were they actually making payments on their homes? If they weren’t, they would have a very hard time challenging their foreclosure.”

Yet, anecdotally, lenders often tell consumers that they need to stop making loan payments in order to qualify for loan modification. They then get put on the fast track for foreclosure. Ting said his office heard these anecdotes too.

“Unfortunately, oftentimes when that happens, it’s done verbally. We also heard that. But it becomes almost impossible to prove,” Ting told me.

So banks can lie to consumers, thus potentially immunizing themselves from prosecution based on crimes committed against consumers. Then to top it all off, when folks get evicted and become homeless, they can be ticketed or jailed for sitting on the sidewalk. Thanks, justice system.

Hopefully, this report can act as an important step in the right direction.

“I’m proud of the fact that this is the first report of its kind, in the state, really identifying these issues on a systematic basis,” said Ting.

At least now the thousands of San Francisco residents that have lost their homes can point to evidence proving that this is a more complicated problem than people borrowing money that they can’t afford to pay back.

As the report states, “Reckless borrowing notwithstanding, much publicly available evidence suggests that there are indeed many legitimate victims of abusive lending and service practices.”

These people didn’t need the report to tell them that they were “legitimate victims.” But let’s hope that, with its help, they can see some justice.

Who gets to live here?

38

yael@sfbg.com

Housing policy — which determines who will be able to live in San Francisco — has been a hot topic at City Hall these days.

At a Board of Supervisors Land Use and Economic Development Committee meeting on Feb. 13, representatives from the Mayors Office of Housing (MOH) reported on the state of middle-income housing in San Francisco, at the request of Sup. Scott Wiener. “Middle class” people make up 28 percent of the city’s population, a 10 percent decrease in the past two decades, and to reverse that decline would cost about $4.3 billion in housing subsidies, or more than half the city’s annual budget.

Wiener, who insists that “middle income and low income housing are not mutually exclusive,” said he’s raising the issue because the needs of the shrinking middle class are not being addressed. But during the public comment period, a long procession of low-income residents say city housing policies have kept them on the brink of homelessness. The takeaway message was: don’t embark on new housing efforts until you can enforce the ones that are already in place.

Also underscoring the desperate state of many San Francisco residents, Assessor-Recorder Phil Ting released a report Feb. 16 that contains shocking statistics about invalid foreclosures and illegal evictions in San Francisco. Ting found that 99 percent of all foreclosure proceedings in San Francisco in the past four years have contained paperwork irregularities, and in 84 percent of cases, banks or lenders have committed fraud or broke other laws.

With the loss of the redevelopment agencies, Mayor Ed Lee’s proposal for a housing trust fund, renewed calls for more condo conversions, and a new focus on middle income housing incentives, the conversation on housing in San Francisco is heating up.

 

MOVING TOWARDS RENTAL

San Francisco’s housing market is 64 percent rentals and 36 percent ownership, according to MOH. So despite the focus of politicians and developers on homeownership, housing policy in San Francisco mostly involves renters, many of whom face myriad threats.

Rents can be so steep that market-rate rental housing is becoming increasingly accessible only for parts of the middle class and the highest income brackets in the city. People in San Francisco tend to pay a huge chunk of their income towards rent.

The federal Housing and Urban Development Agency considers it reasonable for a households to pay 30 percent of their income towards rent; but for the city’s very low income households, rent is typically nearly 60 percent of income. For middle income households, the average percent paid toward rent has increased since 1990, but remains below 30 percent.

Those people fall mainly into the middle-income bracket, those earning 80-120 percent of Area Median Income (AMI.) Planning Director John Rahaim said that for the very low-income population (0-50 percent AMI) all rental housing is “virtually off-limits.”

So, for the middle class, renting a place in San Francisco is tough. For the low and very-low income, it’s next to impossible. And that reality threatens the city’s diversity.

“The highest rent burden still falls on lower income residents, many of whom pay 70 percent of their income as rent,” Sup. Eric Mar, who also sits on the Land Use Committee, said at the hearing. “In my district, people have whole families living in their living room or extra bedroom.”

But things may be looking up for renters. MOH’ Brian Cheu said developers believe that the market trends are heading towards construction of new rental housing after being almost exclusively owner-occupied units for many years. Cheu said there are 725 rental units in the pipeline for the next five to ten years, more than twice the new housing units meant for ownership slated for that time period.

Most of this will be market rate housing, and thus still unaffordable for a good deal of the population. But for those making around 100 percent of AMI — the middle class that Wiener hopes to serve — there are more rental units on the way.

“Any increase in supply of rental housing would help,” said San Francisco Tenants Rights head Ted Gullickson, “because there’s been virtually no new rental housing built in San Francisco is last 20 years.”

Even as Wiener promised to continue to prioritize the needs low-income residents, the foreclosure crisis was barely acknowledged at the Feb. 13 hearing. Many low-income residents say they are not sure they can trust the city’s claim that “this is not a matter of us vs. them.”

At public comment, many community members spoke of the housing troubles that they were already facing. Yue Hua Yu, who spoke at the Feb. 13 hearing, lives with her family of four in a single residency occupancy hotel room (SRO), units intended for single occupants.

“We would support a policy that protects the city’s affordable housing stock,” said a statement from Wing Hoo Leumg, president of the Chinatown Community Tenants Association.

Renting may be the realistic choice for most San Franciscans, but homeownership remains an important goal and achievement for many families, and the main obsession of many politicians.

Part of the middle class exodus is unmistakably due to better homeownership rates in Oakland, Daly City, Marin, and other surrounding areas. But there are neighborhoods with higher rates of homeownership than others, including Bayview-Hunters Point.

BHP has long been a prime spot for low-income homeowners, but it’s slated for extensive new housing construction in the coming decades that could compromise its affordability. It is also an area hit hard by the foreclosure crisis: there have been 2,000 foreclosures in Bayview in the past four years, according to Ed Donaldson, housing counseling director at the San Francisco Housing Development Corporation.

Rising prices and the foreclosure crisis have played a large part in the large-scale African American out-migration that has devastated San Francisco communities in recent decades.

 

 

APARTMENTS OR CONDOS?

One of the biggest points of controversy in the homeownership debate has been the issue of condo conversion, which was brought up again this past week at the Feb. 14 Board of Supervisors meeting, when Sup. Mark Farrell asked Lee if he would support legislation to let 2400 tenancy-in-common (TIC) owners bypass legal limits and fastrack towards condo conversion.

Farrell framed this as “a vehicle to allow residents of our city to realize their goal of homeownership.”

On Jan. 16, the city held its annual condo conversion lottery, in which 200 lucky TIC owners win the chance to convert their units into condos, thereby legally becoming homeowners. TICs and condo conversion have long been fraught with controversy in San Francisco, where there is never enough housing for everyone who wants it.

Condo conversion proponents say that turning a TIC — usually a building that used to be rental housing that has been purchased by a group of people that own it in common — into condos is a cheap way to become a homeowner in a city as expensive as San Francisco.

But tenants rights advocates have long opposed this process on the basis that it depletes the city of its rental housing stock. “When you have more condo conversions, you have more evictions, and it’s harmful to low-income residents” Gullicksen said.

This controversy, and the struggle to maintain a balance between opportunities for homeownership and reasonable rents has raged in San Francisco for years. In 1982, the Board of Supervisors passed a limit of 200 condo conversions per year as a compromise. There are no regulations, however, on converting rental housing to TICs.

“This has come up almost every single year for years and years about this time,” said Peter Cohen, organizer with the Council of Community Housing Organizations.

This year, however, proponents are not simply reiterating a request to bypass the condo conversion lottery. Plan C, a coalition of San Francisco moderates, is pushing for adding a fee to condo conversion, ranging from $10,000 to $25,000, which would go towards an affordable housing fund.

Mayor Lee said that he is open to considering a change in condo conversion policy, “providing it balances our need for revenue for affordable housing, the value that responsible homeownership brings to the city, and the rights of tenants who could be affected by a change in policy.”

 

WHOSE TRUST FUND?

This comes at a time when the city is facing a loss of millions per year for affordable housing with the dissolution of the redevelopment agency (see “Transfer of power, Jan. 31).

That dissolution led to Mayor Lee’s plan for an affordable housing trust fund, to be voted on as a ballot measure this November. The kick-off for that plan also began recently, with a press conference and big-tent meeting to discuss what it might look like.

On the day after the Land Use Committee meeting, where he started the conversation on “middle class” housing, Wiener posed a question to Lee at a Board of Supervisors meeting, asking how the mayor plans to “ensure that the housing trust fund that comes out of the process you have convened will meaningfully address the need for moderate/middle income housing.”

Some are concerned that too much of the trust fund could be allocated outside low-income demographics. “There’s a limited size pie of resources,” Cohen said. “Just in a matter of the last months, we lost the redevelopment agency. The city is madly scrambling to try to replace that through housing trust fund, and working to get us back to somewhere close to where we were…Is that pie, that has dramatically shrunk, going to be stretched further for another income band?”

That question will be important when the proposal goes to vote in November. According to Donaldson, many low-income homeowners will not vote for the measure unless it addresses their needs. The specifics of the measure calling for the trust fund are still being worked out. But, it will likely be funded by an increase of the transfer tax paid when homes change ownership.

Yet that proposal was the subject of an unusual political broadside from the San Francisco Association of Realtors, which last week sent out election-style mailers attacking the idea. “Brace yourself for an unexpected visit from the city’s tax collector,” the mailer warns, showing the hand of government bursting through the wall of a home, urging people to contact Lee’s office.

The measure may also see opposition from low-income communities, especially if, as Wiener has urged in the past week, it allocates a chunk of funds towards middle-income housing.

“It’s hard to find people who will support it. They’re saying, ‘what’s in it for me? Why would I vote for a transfer tax that I’m going to have to pay to help finance the building of affordable housing or middle-income housing. Why support programs that will support middle income people, who make more money than existing homewoners?” explained Donaldson. To agree on a way forward for housing in San Francisco, policymakers will need to reconcile a range of interests. In the worst-case scenario, the profit interests of realtors and developers will overtake the interests of San Francisco families struggling to continue to live in the city they love. But housing advocates are willing to work together to come to a solution. “Let’s put everything on the table, and let’s figure it out. In the spirit of cooperation, and with the understanding that each respective constituent group is not going to get everything that they want, but let’s put all the cards of the table,” said Donaldson.

A taxing situation

1

HERBWISE It’s happening again. Last autumn when your favorite dispensary got shut down in the wake of receiving a threatening cease-and-desist letter from the Department of Justice — well there’s warning signs that the remaining 21 cannabis collectives in San Francisco won’t be 21 for much longer. The DOJ requested the Department of Public Health records for 12 dispensaries in January, a move that preceded its last round of forced dispensary shut-downs.

It’s a time of a lot of uncertainty for the medical marijuana (although you could make a compelling argument that it’s never been on completely solid footing). Various tactics are being taken to shore up its legality, including a passel of proposed ballot initiatives that have varying chances of presenting themselves to California voters in November, from bids to legalize weed entirely to proposals for a statewide regulatory body for the existing medical system. Hey, there’s even reality TV shows (the Discovery Channels Weed Wars, which focused on Oakland’s Harborside Health Center) out there on which earnest dispensary staffers let the United States public in on just how above-board working in a cannabis center can be.

Henry Wykowski is not a signature collector. Nor is he a television producer. Wykowski is actually a San Francisco-based trial attorney, one that specializes in the field of cannabis tax law. This fact makes him the perfect candidate for the endeavor he is currently embarking on: to kickstart a nationwide campaign to convince the federal government to change a part of the national tax code that disallows cannabis dispensaries from deducting business expenses on their taxes — a tactic recently harnessed by the IRS to demand $2.4 million from Harborside in “owed” taxes (Wykowski represented Californians Helping to Alleviate Medical Problems in a similar case in 2007, in which a court decided that business expenses were deductible for cannabis dispensaries except where they pertained to the actual dispensing of marijuana).

How does Wykowski hope to enthuse a nation over tax code quibbles? The Guardian contacted him via email to find out. His answers were somewhat tax lawyerly — which definitely doesn’t mean we don’t applaud his efforts. 

San Francisco Bay Guardian: What’s the goal of the 280E reform campaign?

Henry Wykowski: To have IRS Section 280E modified to exclude state authorized medical cannabis dispensaries. 280E was instituted to deprive drug dealers from being able to deduct their business expenses before any states passed laws authorizing the sale of medical marijuana. There are now 16 states and the District of Columbia that have authorized the use of medical marijuana. It was not intended to deprive dispensaries of the right to deduct ordinary and necessary expenses and should not be used to do so.

SFBG: How do you plan to make this campaign go forward?

HW: By letting people know that there is an organized effort to change this punitive provision and enlisting their support in doing so.

SFBG: Do you imagine it’ll be difficult to get people behind an imitative to change the tax code?

HW: No. The majority of people support the legalization of medical cannabis. Once the patients and other supporters learn that the unfair application of 280E could tax dispensaries out of business, the support will come. Right now most people aren’t aware of Section 280E or its potential consequences.

SFBG: How will you activate people that aren’t cannabis’ traditional base? Will you need to?

HW: By getting the message out. We welcome everyone’s support.

Find out more about Wykowski’s campaign at www.280ereform.org

 

Lackluster finish to case that made serious political charges

9

A jury awarded the City and County of San Francisco $24,498 yesterday following its deliberations of a complicated civil case filed by the city in 2003 against a minority-owned computer services company accused of fraud and breach of contract, a company that countersued with a claim of being harmed by top city officials.

But that paltry sum and the jury’s verdict of shared responsibility in failing to root out corruption in city government belied the more politically significant accusations made through depositions in the case that Mayor Ed Lee and former Mayor Willie Brown overrode city staff to give contracts to a “fraudulent” yet politically connected company, which proved to be a tangential issue that was left largely unexplored at trial.

In CCSF vs. Cobra Solutions, the jury found that both the city and Cobra Solutions failed in their responsibilities to prevent a former Department of Building Inspection information technology manager, Marcus Armstrong, from fraudulently bilking the city out of at least $482,000 between 1999 and 2001. An alleged Armstrong accomplice, Government Computer Sales, Inc. – which witnesses said Brown and Lee improperly certified, and which they say they don’t remember – fled and was never brought to justice.

Cobra Solutions, which was awarded master contract status in 1998, was bound by a provision in its agreement with the city that required Cobra to “supervise” sub-contractors. The allegation of fraud against Cobra, however, was effectively dropped from the city’s complaint, but not until the end of the trial when consideration of fraud was omitted from the city’s closing arguments.

The award to the city was the difference between the monies paid by the city to Cobra Solutions ($269,739.93) and the monies paid by Cobra Solutions to Armstrong’s phony companies ($245,241.93), or the markup Cobra Solutions received from the city following the submission of several fraudulent invoices from two phony sub-contractor companies, Monarch Enterprises and Mindstorm technologies, set up by Armstrong.

Following the verdict announcement, a juror who did not want to be identified, said there wasn’t a single piece of evidence that was most compelling, but that, “the city proved its case. Cobra failed to prove its case.” The “vast majority” of jurors shared that opinion, the juror said. “It wasn’t even close.”

“The jury thought there was obviously a failure to supervise,” the juror continued. “[Cobra Solutions] took on work without even knowing who the party was that was working for them. Who was Monarch?”

Several invoices from Armstrong’s phony companies contained different addresses that the juror described as “a bit of a red flag.”

“If I’m in business, I’m not going to have someone working for me who I don’t know, and I’m not going to be paying them checks,” the juror said.

“The city also bore responsibility” in its failure to detect Armstrong’s kickback scheme, the juror said, mirroring the same sentiment echoed by then-City Controller Ed Harrington, who took the stand and conceded the city’s internal controls – as well as those of Cobra Solutions – failed to detect Armstrong’s kickback scheme.

Cobra had sought damages for breach of contract (the city’s failure to pay monies owed Cobra) and due process violations in connection with the city’s alleged debarment of Cobra from doing further business with the city.

“I’m disappointed,” said Cobra Solutions founder and president James Brady. “Life goes on. We’ll continue to move forward and repair our damaged reputation, raise our grandchildren, and focus on our families.”

Asked about the issue of sub-contractor supervision, Brady said, “I don’t think anybody could supervise a con man and the city was negligent in hiring this guy – they wouldn’t even bring him in the courtroom – so it’s just betrayal. And it’s a sad day that you hire con man and you won’t take any responsibility for his actions and you blame the small business. That’s not the American way.”

On the jurors finding that Cobra was not intentionally or defacto debarred from doing further business with the city, Brady said, “I think they got it wrong. I have no doubt about that.”

“The jury missed a lot of important facts,” said Mr. Brady’s wife, Deborah Brady, a co-founder of Telecon, the parent company of Cobra Solutions. The city had originally sued Telecon in its case-in-chief, but pursued no claims against Telecon at trial. “I don’t know how they missed them, but they missed them.”

Ms. Brady said the city gave another company, Desktop, the opportunity to defend itself against debarment, but “they never gave us that opportunity.”

“Judith Blackwell, she told the whole story in terms of Monique Zmuda saying they wanted us out, that we’re crooks,” Ms. Brady continued. “They accused us… and never gave us the opportunity to respond, ever.” Monique Zmuda is the deputy City Controller.

“I feel really betrayed by a city that I used to really love and [City Attorney] Dennis Herrera, who is our private attorney, betrayed us,” a tearful Ms. Brady said. “Ed Lee, who claims he barely knew us, betrayed us. Ed Harrington? I don’t know what that was all about, or Monique Zmuda… but Ed Lee and Dennis Herrera, they let down really good people who used to live in this city and loved this city and did all that we could to do good in the community and this city. “

“So I pretty much call it, ‘The City of Betrayal.’”

Cobra’s lead counsel in the case, Whitney Leigh, told us, “The jury made its decision. We’re concerned that the jury was allowed to find that Cobra could have breached the contract by refusing to submit to an audit by the City Attorney. So we believe there are some issues that need to be researched, so we’ll be looking at those issues.”

Asked if there would be post-trial motions, Leigh said, “Post trial motions and/or appeal.”

“Obviously we’re disappointed,” Leigh added, “but we’ll review the transcripts and see what options are available.”

Because of the possibility of an appeal, Herrera was unable to comment on the verdict or to discuss city’s costs in trying the case, said Herrera spokesperson Matt Dorsey.

 

Guardian editorial: Saving money on sunshine

2

We hate to pick on Scott Wiener, who is a polite guy who always takes our calls and takes public policy seriously. He’s got an extensive legislative agenda — good for him — and he’s effective at getting bills passed. We’re with him on nightlife, and even on nudity towels in the Castro.

But he’s been taking on some more disturbing causes of late — he’s managed to tighten the rules for the use of Harvey Milk Plaza and now he’s asking for an audit of the Sunshine Ordinance Task Force that looks at how much each city department spends responding to sunshine requests. We’re not against audits nor government efficiency, but this could lead to a lot of mischief.

There are plenty of problems with the task force, which hears complaints against city agencies that are denying the public access to documents. The biggest problem is that the task force has no enforcement authority — when the members find an agency or official to have willfully defied the law, the best they can do is turn those findings over to the Ethics Commission, which simply drops the case. Nobody ever gets charged with anything or gets in any trouble for refusing to follow what every public official in town piously insists is an excellent law.

And yeah, the meetings run long, and sometimes city employees have to sit around for hours waiting for their cases to come up. (Activists who testify before city commissions are used to that, but city employees are on the clock, and Wiener’s worried that it’s running up a large bill.)

But nobody’s talking about the money that the city has saved by those annoying government watchdogs keeping an eye on public spending — through the use of the Sunshine Ordinance. Nor is anyone talking about the immense amount of time activists and journalists have to spend fighting over records that should have been public in the first place — or how much money the Task Force has saved the city by creating a forum for resolving these issues out of court.

We can see the outcome here: The audit will show some large number, some cash amount with a bunch of zeros behind it, and the Chronicle will run a big headline about the high cost of this sunshine bureaucracy — and someone will suggest we find ways to streamline the process by clipping the task force’s wings.

That’s the wrong approach — particularly when there’s a much easier answer. Why not do what sunshine activists have suggested for years — make electronic copies of every document created by any city agency and post them in a database on the web? No more secrecy, no more hassle. It’s easy — if anyone at City Hall is serious about saving money on sunshine requests.

How business was done

8

news@sfbg.com

A complicated civil lawsuit alleging corruption and fraud and involving several prominent current and former city officials — including Mayor Ed Lee, who took the witness stand to discuss actions he took as city purchaser a decade ago — could end up costing city taxpayers as much as $10 million.

City and County of San Francisco vs. Cobra Solutions and Telecon was being deliberated by jurors in Superior Court at press time. It centers on a fraud and kickback scheme engineered by convicted felon Marcus Armstrong, a former Department of Building Inspection information technology manager who bilked the city out of at least $482,000 between 1999 and 2001 (see “Dirty Business,” 2/8/11). His scheme was exposed by an FBI investigation following a whistleblower’s complaints in September 2001 that sub-contractors were not being paid.

The City Attorney’s Office accused Cobra Solutions of participating in Armstrong’s fraud, but Cobra’s owners denied being part of the scheme and they say their business was wrongfully damaged when their contracts were frozen by city officials.

Armstrong created two phony companies, Monarch Enterprises and Mindstorm Technologies, and ordered master contractor Cobra Solutions to use the phony sub-contractor companies to provide technology services to the city’s Computer Store (a list of approved contractors) under an agreement awarded to Cobra by the Committee on Information Technology (COIT). It also partnered with another company alleged by the city to be fraudulent, Government Computer Sales, Inc. (GCSI), whose principals fled and whose whereabouts are unknown.

Cobra Solutions founder and president James Brady had raised questions about Armstrong as early as 2000, questions that triggered an unfruitful investigation by the city. Brady maintained in court testimony that Cobra, unaware of Armstrong’s fraud, relied on him to sign off on work services that Armstrong’s phony companies were supposed to have supplied to the city.

The Computer Store was set up by then-Purchaser Ed Lee under the administration of then-Mayor Willie Brown to centralize technology procurement across departments. Now-Mayor Lee was deposed in the case and called to the witness stand on Feb. 6, where he said he awarded Cobra Solutions the highest-rated ranking among several vendors being evaluated by COIT for master contract award status. Each of the other city evaluators, including Deputy Controller Monique Zmuda, also ranked Cobra the top service provider.

According to Armstrong’s guilty plea agreement, GCSI partnered with Armstrong to defraud the City out of $240,000. Deborah Vincent James — then-director of COIT and now deceased — testified in a pre-trial deposition that GCSI was “fraudulent,” that city staffers recommended against certifying the company, and that it was only awarded master contract status because of its political ties to Brown, who directed Lee to overrule the staff recommendation. In his deposition, Lee claimed he could not remember GCSI.

Vincent-James and former Purchasing Directory Judith Blackwell forwarded whistleblower complaints about GCSI to the City Attorney’s Office in early 2001, but neither that office nor the Controller’s Office acted on the complaints until GCSI had gone bankrupt and GCSI’s owners, two foreign nationals, had disappeared.

Of note, Lee was not questioned about his and Brown’s involvement in awarding GCSI its master contract status in 1998. Time restrictions placed on attorneys by Judge James McBride limited the scope of witness examinations, so the most politically explosive charges went largely unexplored in court.

The city completed a subsequent investigation in January 2003 that resulted in stopped payments to Cobra, contract termination, and the city’s civil lawsuit filed by City Attorney Dennis Herrera against Cobra in April 2003. Following Herrera’s filing against Cobra, Herrera demanded an audit of Cobra which Cobra refused, citing a conflict of interest. Herrera had previously represented Cobra in private practice before he was elected City Attorney in 2001.

A trial court ruled in that Herrera had a conflict of interest, disqualifying Herrera and his office from participating in the Cobra case, a ruling later upheld by the California Supreme Court. Yet the suit alleges Herrera and his office continued to supply work to various City agencies and to effectively prevent Cobra from doing further business with city. By withholding the $2 million Cobra was owed by the City, COIT was able to disbar Cobra from entering into master contract agreements with the city, claiming Cobra was fiscally “non-responsible,” according to court testimony.

Blackwell, in her testimony at trial, said the determination of Cobra’s non-responsibility was used as a “pretext” for Cobra’s disbarment, a procedure that should have triggered a hearing to allow Cobra to defend itself against debarment. That never happened.

An FBI investigation into Armstrong’s kickback scheme resulted in Armstrong pleading guilty to mail fraud, wire fraud, and obstruction of justice in July 2003. No criminal charges were ever brought against Cobra Solutions or Telecon and yet the city’s outside law firm, Cotchett, Pitre & McCarthy LLP, which tried the case on behalf of the city, held on to the city’s allegation of fraud committed by Cobra and Telecon throughout the case and trial until closing arguments on Feb. 9.

In his closing arguments, attorney Ara Jabagchourian made no mention of Telecon, effectively dropping the city’s claims against Telecon, and constricted the city’s damage claims against Cobra. He asked the jury to award the city up to $266,000, money paid to Cobra for work authorized and signed-off by the city, via Armstrong, for breaching a provision in the contract agreement between the city and Cobra that requires the master contractor to “supervise” sub-contractors.

But Cobra’s lawyers — the firm of Gonzalez & Leigh, which includes former Board of Supervisors President Matt Gonzalez, who took a leave from his current job as deputy public defender to consult on the case — says it is the city that should pay for fatally harming a business without just cause.

“The City and City Attorney’s office falsely accused Cobra and Telecon of stealing $2.4 million dollars from the City, destroying these companies and ruining the lives of good, decent people who were the victims of a city tech official who should not have been hired in the first place,” said attorney Whitney Leigh. “Then the City Attorney made it worse, flatly defying an order disqualifying the City Attorney’s Office and instead driving efforts to run Cobra and Telecon out of business just because Cobra raised the issue of the conflict of interest. I’ve been unable to find any case in which an attorney has so flagrantly ignored a disqualification order.”

Herrera can’t comment on the case, but his office previously told the Guardian, “Immediately upon discovery of Cobra’s role, the office screened Herrera off from further involvement in the investigation and all matters related to it in accordance with a stringent ethical screening policy Herrera established when he took office.”

The-City Controller Ed Harrington, who exerted significant influence over contract awards and debarment proceedings as chair of COIT, conceded in court testimony that internal controls failed to detect Armstrong’s scheme.

“In the case of Marcus Armstrong, the control within the city failed and the control within Cobra failed,” Harrington, now head of the San Francisco Public Utilities Commission, told the court. “We had both controls in place. If they had worked, the city would have been protected. Both failed.”

Cobra is seeking damages for breach of contract (the city’s failure to pay monies owed Cobra), and civil rights due process violations in connection with the city’s apparent conspiracy to bar Cobra from doing further business with the city.

A business valuation expert testified Cobra Solutions was valued between $5.2 million and $8.8 million based on future lost profits from the city’s debarment. With attorney fees and court costs, the city could be on the hook for as much as $10 million.

The city has subsequently established more stringent controls as it relates to the authorization of work assigned to master contractors and sub-contractors. The jury was expected to resume deliberations on Feb. 14 and deliver its verdict by week’s end. Check the SFBG.com Politics blog for the latest.

Saving money on sunshine

9

EDITORIAL We hate to pick on Scott Wiener, who is a polite guy who always takes our calls and takes public policy seriously. He’s got an extensive legislative agenda — good for him — and he’s effective at getting bills passed. We’re with him on nightlife, and even on nudity towels in the Castro.

But he’s been taking on some more disturbing causes of late — he’s managed to tighten the rules for the use of Harvey Milk Plaza and now he’s asking for an audit of the Sunshine Ordinance Task Force that looks at how much each city department spends responding to sunshine requests. We’re not against audits or government efficiency, but this could lead to a lot of mischief.

There are plenty of problems with the task force, which hears complaints against city agencies that are denying the public access to documents. The biggest problem is that the task force has no enforcement authority — when the members find an agency or official to have willfully defied the law, the best they can do is turn those findings over to the Ethics Commission, which simply drops the case. Nobody ever gets charged with anything or gets in any trouble for refusing to follow what every public official in town piously insists is an excellent law.

And yeah, the meetings run long, and sometimes city employees have to sit around for hours waiting for their cases to come up. (Activists who testify before city commissions are used to that, but city employees are on the clock, and Wiener’s worried that it’s running up a large bill.)

But nobody’s talking about the money that the city has saved by those annoying government watchdogs keeping an eye on public spending — through the use of the Sunshine Ordinance. Nor is anyone talking about the immense amount of time activists and journalists have to spend fighting over records that should have been public in the first place — or how much money the Task Force has saved the city by creating a forum for resolving these issues out of court.

We can see the outcome here: The audit will show some large number, some cash amount with a bunch of zeros behind it, and the Chronicle will run a big headline about the high cost of this sunshine bureaucracy — and someone will suggest we find ways to streamline the process by clipping the task force’s wings.

That’s the wrong approach — particularly when there’s a much easier answer. Why not do what sunshine activists have suggested for years — make electronic copies of every document created by any city agency and post them in a database on the web? No more secrecy, no more hassle. It’s easy — if anyone at City Hall is serious about saving money on sunshine requests.

Trash Lit: The Expats (almost) lives up to the hype

0

There’s an awful lot of hype around this first novel by Chris Pavone. John Grisham compares it to the early works of Ken Follett, Frederick Forsyth, and Robert Ludlum. The folks at Crown publishing think this is going to be the Next Big Thing in the thriller world. And since I’m such a huge fan of overhyped authors, I decided I’d pour a nice glass of Buffalo Trace and read the first 20 pages.

I have a William Shakespeare theory about thrillers. The way my English Lit professor in college used to tell it, Willie played to a tough room: The theater-goers in 16th Century London got bored fast, and they brought rotten vegetables, and it wasn’t pleasant up there on stage if the plot started to drag. So there’s always action in the Bard’s first scene or two.

I read a lot of thrillers and I drink fast, so if I can’t get past the first couple of chapters, I’m done. Saves a lot of time.

I got past the start of The Expats and kept going; it became hard to put down.

Grisham is wrong: It’s not a lot like the work of Robert Ludlum or Frederick Forsyth — but I can live with that. The world only needed one Ludlum; you like his style, have at it — he wrote 25 books.

Pavone is different, in an odd way more polished. The Expats is as much a novel about a woman trying to balance a job, a husband and kids as it is a spy thriller. And while there’s a little too much Mr. and Mrs. Smith going on, it’s really a pretty fun read.

You get fake passports, big money and a gun just a few pages in. Then you get the more mundane story of Kate giving up her job as a run-of-the-mill government analyst (read: deadly killer spy) to move with her husband to Luxembourg, where he’s got a job doing computer security for a bank.

Except, of course, that’s not what he’s really doing. And the nice expat couple that happens to befriend Kate and hubby might be CIA assassins coming to take out Kate for her past indescretions, or they might by FBI agents trying to frame hubby for something that he might or might not be doing, or they might be something else altogether. But nobody is telling the truth about anything. And Kate is bored taking care of the kids and the house, so she has to become a secret agent again to find out what’s going on.

There’s a great section about what it means to quit your job so you have more time to spend with the kids and then discover that you can’t stand being a full-time parent. There’s a Paris nightclub with naked people and random sex and violence. There’s wierd almost-sex with the hubby’s new best bud who is supposed to be married but really wants to fuck her. She has to fend him off, spy on hubby, spy on the neighbors, lie to everyone involved and still get home in time for dinner.

Unusually literary for a thriller. The flashbacks got tiring after a while, but overall, it works. Put it on the spring list.

 

Federal government sets its sights on 12 more SF dispensaries

19

Bad news for medical marijuana patients in the Bay Area: as reported by the SF Examiner, the DEA has requested records from the city’s Department of Public Health for 12 of San Francisco’s existing 21 cannabis dispensaries. This is the same move the DEA made before sending the threatening letters to five other cannabis collectives last fall. Those five dispensaries are now closed.

In fall of 2010, US Attorney Melinda Haag targeted five SF dispensaries in school zones with letters declaring them in violation of federal law. In the face of potential jail time for dispensary staff and even the landlords of the buildings that housed the dispensaries, they shut their doors. Now, more than 50 percent of the city’s dispensaries could have to follow suit. 

The really upsetting part about all of this? The sheer randomness of it all. In our recent Cannabis Issue, the Guardian interviewed Assemblymember Tom Ammiano, who said that in his meeting with Haag over the matter, the US Attorney said the orders to persue the dispensaries came from above. “She said she was only doing what the boss was telling her to do,” Ammiano told the Guardian. “We had a hard time with that.” The Obama Administration has been frustratingly opaque about the motives behind, and future plans for, persecuting an industry that Attorney General Eric Holder once called a “low priority” for federal law enforcement. 

The Guardian has sent an email to Mayor Ed Lee for his comments on the request for records, and will update this post when we hear back. Even then-Mayor Gavin Newsom, as the Examiner pointed out, sent a letter in 2008 to Congress to encourage it to act against the DEA’s attempts to intervene in California’s medical marijuana industry.

Assemblymember Ammiano and Senator Mark Leno are leading the efforts to establish a statewide regulatory board cannabis that would, among other things, demonstrate to the feds that the industry is being well-regulated in California. Americans for Safe Access and UFCW (the union representing cannabis workers in California) have also introduced a ballot initiative called the Medical Marijuana Regulation, Control, and Taxation Act that would establish a regulating board made of patients, government representatives, medical professionals, and cannabis industry folks. A poll conducted by Probolsky Research recently put voter support for that measure at 59.2 percent.  

But who knows if California voters will get a chance to regulate marijuana as they see fit. If these requests for records proceed as the last round of them did, SF could be down to nine dispensaries in a city with not only a large base of cannabis patients, but also a thriving cannabis culture. 

The dispensaries whose records were requested by the DEA were: 

Bay Area Safe Alternatives Collective

Emmalyn’s

Good Fellows Smoke Shop

Grass Roots

The Green Cross

Hope Net

Re-Leaf Herbal Center

SF Medical Cannabis Club

Shambala Healing Center

Valencia Street Caregivers

Vapor Room

Waterfall Wellness

Wiener wants a sunshine audit

44

Sup. Scott Wiener is calling for an audit of the costs of complying with the city’s Sunshine Ordinance — a move that could lead to some great ideas for better public access to records or to a dangerous attack on one of the city’s most important local laws.

I first learned about Wiener’s proposal from the Petrelis Files, which posted Wiener’s letter asking the ciyt’s budget analyst to determine how much each city department spends annually complying with the law, including staff time. That could turn out to be a fairly big number, the sort of thing that will make Matier and Ross and lead to headlines about a few crazy sunshine activists costing the taxpayers millions.

There will be a lot less discussion about the cost to the city and the taxpayers of government secrecy, which Wiener agrees is substantial but can’t be quantified.

Wiener told me he thinks the Sunshine Ordinance is important — “its value goes without saying.” He also said the Sunshine Ordinance Task Force is “poorly run and inefficient.” Wiener, who has been the subject of a sunshine complaint that wound up with the Task Force finding him in violation of the law, said city employees often have to spend hours and hours waiting at Task Force meetings. “They’re collecting overtime and sitting there waiting for their case to be called for five, six, seven hours,” he said. “Then it’s my understanding that sometimes the case doesn’t even get called.”

I called Rick Knee, who has been on the Task Force for many years, and he told me he agreed that there were probably some inefficiencies. But he said that in the past year, there’s been a huge backlog of complaints.

“Maybe that’s because of increased public awareness of the Task Force and the ordinance,” he said. “But I think there’s also an increase in sunshine problems.” Why? Well, for one thing, the Ethics Commission — which has enforcement power — almost never acts on Task Force findings. “The word has gotten out at City Hall that you can violate the sunshine law and skate,” Knee told me.

As for city employees having to wait around all day? “What about the people whose rights have been violated? They have to wait, too, and they aren’t even getting paid.”

No matter what Wiener’s survey finds, it’s pretty clear that the Task Force has saved both the city and the public money by resolving a lot of cases outside of court. Without the Task Force, the only recourse sunshine complainants have is to sue — which costs everyone involved a lot more than a few hours in a hearing room.

I’m not going to argue that the Task Force always operates with maximum efficiency or that there aren’t ways to make the hearings easier on both complainants and respondents. But there’s a much easier solution for everyone involved:

Make it easier to get public records in the first place.

I’ve been reporting on San Francisco City Hall for a long, long time, and I can tell you that, more often than not, it’s difficult and frustrating to get access to even basic records that ought to be handed over instantly. Why waste all of our time? Why not just make every document created by any city employee immediately available in an online database? Easy to do, cheap to do — and simple to check a box that would keep those very, very few records that truly ought to be confidential out of the public eye.

Wiener agreed there was merit to that suggestion, and I hope his audit looks beyond the dollars and cents of city workers complying with a city law and looks at the reason we have all these problems. The best way to save money on sunshine fights is not to force the public to fight to get access to information.

 

Right about now

0

THEATER It’s a rare thing, really too rare, to find an audience eagerly erupting into political discussions between acts of a play. But that’s what Little Brother inspires, and in an unaffected way, without pretension or unwelcome goading. It’s too cool, confident, and contemporary for that. After all, the night I saw the play — adapted by director Josh Costello from the 2008 teen novel by Canadian sci-fi author and activist (and co-editor of Boing Boing) Cory Doctorow — was just one night after Occupy Oakland tried to convert a vacant building into a much-needed community center for the needier of the 99 percent. That didn’t go too well. The street clashes with shock-trooping Oakland police forces led to something like 400 arrests before the night was over.

That latest incident, in an ongoing resistance to systemic and overweening injustice, resonated effortlessly with the proceedings onstage at Custom Made Theatre. There, on an intimate thrust stage, three sharp young actors (Daniel Petzold, Marissa Keltie, and Cory Censoprano) smoothly embodied a fleet series of characters in a story pitting a group of Mission District high school teens against the Department of Homeland Security. The battle takes place in the aftermath of a terrorist attack that levels the Bay Bridge and unleashes an all-out totalitarian crackdown by the federal government. It’s a dramatic, humorous, irreverent, and urgent story all at once. While far from a perfect play (dramatic consistency and verisimilitude are stretched a bit thin by the end), Little Brother is probably the most exciting thing on stage just now, alive like few other productions in its response to the present moment.

Behind the dynamic trio onstage stands a patchwork wall-projection screen (courtesy of set designer Sarah Phykitt, video designer Pauline Luppert, and video engineer Darl Andrew Packard) papered over with pages seemingly torn from radical histories and revolutionary tracts (it was easy enough to make out Emma Goldman’s visage among the repeated black-and-white pages), and periodically set aglow with live video feed, scene-setting photo montage, text messages, and hacker scrawl across computer and videogame screens.

While DHS is synonymous with Big Brother throughout, and for good reason — the agency is at the forefront of a total invasion of American private life and the Gitmo’ing of American teens — it can also be understood at times as a synonym for the state at large, from high school vice principals on up. As main character Marcus Yallow (a bright, engaging Petzold) explains in an early address to the audience, he’s a senior at a San Francisco public high school. Even before the Bay Bridge attack, “that makes me one of the most surveilled people in the world.”

Before being transformed into an all-out revolutionary by his violent, extra-constitutional encounter with DHS, Marcus and buddy Darryl (a sharp and versatile Censoprano) are fun-loving rebel hackers and gamers often on the receiving end of unwanted attention by the usual authorities. In an early scene, an inept school administrator interrogates Marcus, believing him, correctly, to be the hacker menace “w1n5t0n” (though, hilariously, pronouncing the handle literally instead of the intended “Winston”). Marcus outwits him, and the administrator loses his grip on the free-roaming online hooligan who, among other things, has handily derailed the “snitch tags” the school plants in library books to track the students.

At this point, Little Brother bears a striking similarity to The North Pool, Rajiv Joseph’s psychological two-hander set in a vice principal’s office after school, which had its premiere last year at Palo Alto’s TheatreWorks. But Joseph’s battle, while resonating with a larger political and historical context, ultimately remains more personal than political. Little Brother moves via the next terrorist attack into the realm of all-out political crisis, as short a distance from here as that may seem, and in this way resists reducing its themes to merely personal terms, highlights a tension with the personal throughout — even as it cleaves to a familiar coming-of-age narrative involving Marcus and girlfriend-coconspirator Ange (played compellingly by Keltie).

Costello shrewdly emphasizes this tension in his staging, which begins with the three principal characters recreating the story for a video cam so that it can be posted online. As Marcus begins a first-person account, his cohorts interrupt him almost immediately. “Dude, you can’t make it all about you,” says Darryl, with good-humored conviction. “It’s too big.”

 

LITTLE BROTHER

Through Feb. 25

Thurs.-Sat., 8 p.m.; Sun., 7 p.m., $25-$32

Gough Street Playhouse

1620 Gough, SF

www.custommade.org

Local control of cops

1

news@sfbg.com

Sup. Jane Kim has introduced legislation to the Board of Supervisors calling for a re-examination of the San Francisco Police Department’s participation in some aspects of the Joint Terrorism Task Force, which was created by the Federal Bureau of Investigations to do domestic surveillance.

The proposed ordinance would prohibit the SFPD from working with the JTTF to collect intelligence on individuals in the absence of criminal wrongdoing, which has been a concern of civil libertarians since last year when a secret memo revealed that local officers were under FBI command and not bound by local and state restrictions on such surveillance (see “Spies in blue,” 4/26/11).

Kim said the ordinance was necessary to ensure the “requirement of reasonable suspicion before we do any type of investigation of criminal activity. And we don’t base it on ethnic identification or religious practice as some of the members of the community have been experiencing the last couple of years.

“Our office is sponsoring this because many members of the Arab, Asian and the Muslim community worship in the district and own many small businesses,” she said.

Critics of the relationship between local and federal law enforcement agencies, facilitated through participation in the JTTF, have long raised concerns about racial profiling and unnecessary spying ordered at the federal level, and carried out by SFPD inspectors assigned full time to the task force.

Federal regulations governing FBI intelligence gathering are weaker than standards set by San Francisco and California’s Constitution. In 1990, the San Francisco Police Commission established rules requiring that intelligence-gathering involving any First Amendment activity be based on reasonable suspicion of significant criminal activity. Those rules reflect the California Constitutional requirement of an “articulable criminal predicate” before law enforcement agencies engage in intelligence-gathering activity.

However, because the SFPD inspectors assigned to the JTTF work under the direction of the FBI, the local regulation and control of law enforcement is effectively limited in JTTF investigations.

“It’s important that a clear prohibition against policing based on race, ethnicity, national origin, or religion applies to all of our officers, all of the time,” said John Crew, police practices expert for the Northern California chapter of the American Civil Liberties Union. The ACLU is one of more than 30 civil rights and community organizations participating in the Coalition for Safe SF, which helped develop the proposed ordinance.

According to the coalition, current rules prevent the SFPD from barring its inspectors assigned to the JTTF from joining FBI agents in collecting intelligence on San Franciscans without any “particular factual predication.”

“The purpose of this legislation is to restore local control, civilian oversight, and transparency over the SFPD’s participation in FBI intelligence-gathering,” stated attorney Nasrina Bargzie of the Asian Law Caucus, which is part of the coalition.

The coalition was a major participant in the San Francisco Human Rights Commission hearing in 2010 on the issue of baseless spying and racial profiling in JTTF investigations. The result was a comprehensive report, endorsed by the Board of Supervisors last spring.

But in 2011, the ACLU and Asian Law Caucus learned that key protections for civil liberties — including civilian oversight of intelligence activity and safeguards to limit intrusive tactics — were thrown out the window and replaced by a secret Memorandum of Understanding with federal law enforcement in 2007.

Under the MOU, SFPD paid officers work out of the local FBI office. The secure nature of their work means they must seek federal permission to even talk to their superiors in the SFPD about their work, effectively removing them from the local chain of command. Despite mandated requirements on local law enforcement, the MOU does not allow for any civilian oversight of the work of officers assigned to the JTTF.

San Francisco Chief of Police Greg Suhr said he believes that the concerns have already been addressed. In his first days in office, Chief Suhr issued a binding Bureau Order #2011-07 setting forth the requirement that officers comply with local standards.

An excerpt of the order reads, “SFPD officers shall work with the JTTF only on investigations of suspected terrorism that have a criminal nexus. In situations where the statutory law of California is more restrictive of law enforcement than comparable federal law, the investigative methods employed by SFPD officers working on JTTF investigations shall conform to the requirements of such California statutes.”

“With this Bureau Order, the language of the 2007 Memorandum of Understanding no longer applies and SFPD personnel are bound by the provisions of the 2011 Order,” SFPD Public Information Officer Albie Esparza told the Guardian.

But Crew said that as long as the MOU between the SFPD and federal law enforcement remains in place, Suhr’s order at best creates contradictory policy. “The Memorandum of Understanding is a binding legal contact with the federal government. Which do you think will take legal precedence when it comes up against a local police chief’s departmental order?” said Crew, who urged the department to clarify the matter by withdrawing from the MOU, a step the SFPD has thus far been unwilling to take.

A letter from Sept. 28 of last year to Coalition for Safe SF from FBI Special Agent Stephanie Douglas regarding the contradiction clarifies the matter. “I do retain the right to assign FBI JTTF cases,” states Douglas, who goes on to assert it is she who makes the confidential judgment of which cases fall afoul of the state and city rules and which do not.

After years of intelligence-gathering authorized under a secret memorandum, public mistrust in the SFPD’s relationship to federal law enforcement persists. Kim says she believes the proposed ordinance will still help make San Francisco safer. “It increases the trust of the community members that are working with public safety in reporting, and in cooperating around many of the actual criminal activities that might be going on in the city,” she said.

The proposed legislative approach of regulating the scope of local participation in federal JTTF work is not unprecedented. The city has the option of terminating the MOU with 30 days notice, a step that the city of Portland, Oregon has taken to prevent its police force from spying on citizens in violation of local and state law.

In December, the city of Berkeley suspended its agreement with the Northern California Regional Intelligence Center (an arm of the Joint Terrorism Task Force) as part of a broad review of that city’s relationship to other local and federal law enforcement agencies (see “Policing the police,” 12/13/11).

“What this is about is maintaining local control of law enforcement and ensuring the civil liberties of the people of San Francisco,” Crew said. “Don’t San Franciscans deserve the same protection of their civil liberties as the people of Portland?”

Kim was joined by Sups. David Compos and John Avalos in sponsoring the ordinance. Supervisors are expected to vote on the whether to adopt the ordinance this spring after the measure is heard by the city’s Public Safety Committee following the normal 30-day hold. The measure seems to have the support it needs to pass the Board of Supervisors, but it remains unclear whether Mayor Ed Lee, who did not answer our inquiries, will sign it.

The sex worker struggle

3

yael@sfbg.com

Google has come under fire in the past year for everything from privacy policies to censorship. But in December, some Bay Area residents were protesting the tech giant for a very different reason. The group that marched in front of the company’s San Francisco office was angry over the company’s donation to organizations fighting human trafficking.

The flyers declared, “Google: Please fund non-judgmental services for sex workers, NOT the morality crusaders that dehumanize us!”

Google had donated a whopping $11.5 million to organizations that “fight slavery” last December, including the anti-sex trafficking groups International Justice Mission, Polaris Project, and Not For Sale.

But the activists said that these are religious organizations that ignored the rights of consensual sex workers.

According to a press release from Sex Worker Activists, Allies, and You (SWAAY), “As frontline sex-worker support services struggle for funding to serve their communities, it is offensive to watch Google shower money upon a wealthy faith-based group like the International Justice Mission, which took in nearly $22 million in 2009 alone.”

“I appreciate what they’re trying to do, but I wish that they had done more research,” Kitty Stryker, a local performer, sex worker and activist, of Google’s choice to fund the organizations.

In a society where the term “sex worker” — coined to describe those who consensually engage in commercial sex and consider it legitimate labor — is still new to most people, this sex workers rights struggle can be an uphill battle. But it rages on, and San Francisco remains one of its most important front lines.

 

FREE SEX FOR HIRE

The heart of the struggle is, and or years has been, fighting the prohibition of prostitution, and the ultimate goal of the sex workers movement is the repeal of the laws that criminalize sex for hire. Decriminalization would be a vital safety measure for escorts, people working on the street, phone-sex operators, exotic dancers, porn actors, and other occupations that fall under the umbrella category of sex work.

Sex workers held worldwide conferences in the 1980s, meeting in Amsterdam and Brussels. Sex work was legalized and decriminalized in several countries around the world, including New Zealand, the Netherlands and Germany. The Sex Workers Outreach Project (SWOP) became one of the most important organizations fighting for the cause, with chapters around the world.

Here in San Francisco, the city remains a hub for sex-workers rights advocates, who raise awareness about issues ranging from STD prevention to consent in BDSM contexts. The Saint James Infirmary supports and treats sex workers when they need medical assistance, and the Center for Sex and Culture is a resource and community center that embraces all San Franciscan’s with their minds in the gutter, sex industry workers included.

San Francisco’s sex workers rights history includes two unions. Workers at the North Beach strip club the Lusty Lady formed the Exotic Dancers Union in 1997. The union became part of the Service Employees International Union, and the Lusty Lady remains the only collectively run, sex-worker-owned strip club in the United States.

Maxine Doogan founded the Erotic Service Providers Union (ESPU) in 2004 as an umbrella organization for sex workers in various industries. The ESPU has been active in opposing regulations of the massage industry and sponsoring Proposition K, a 2008 ballot measure that would have decriminalized sex work in San Francisco.

I spoke to a handful of Bay Area sex-workers rights activists to get a sense of the major issues and priorities for the next year.

NO VISAS

Activists are currently planning for the July, 2012 International AIDS Conference in Washington, D.C.

Many international sex workers rights advocates have been denied visas to get to the conference. The U.S. typically bars convicted felons — but there’s a special exception for people guilty of misdemeanor prostitution charges.

“SWOP has an idea of getting in touch with some of the people denied entrance and asking them what they were going to present on and to try and present their papers in their place, to make sure these organizers voices are heard,” said SWOP-Bay Area spokesperson Shannon Williams.

But that’s not where the government’s weird exclusion of sex workers from its efforts to fight AIDS ends.

The Presidents Emergency Plan for AIDS Relief (PEPFAR) fund allocates $48 billion to organizations around the world engaged in AIDS treatment and prevention. But thanks to the religious right, the law, approved in 2003, includes a stipulation that all recipient groups must make a pledge decrying prostitution. It’s known as the “anti-prostitution loyalty oath.”

A court ruling July 6, 2011 declared the oath a violation of the free-speech rights of organizations in the United States, but the U.S. still blocks PEPFAR funding for international organizations based on the “loyalty oath.”

“Sex worker activists are going to converge in D.C. for the AIDS conference and talk about the loyalty oath. The US is exporting its ideology through this funding requirement” said Carol Leigh, a longtime activist who curates the annual San Francisco Sex Worker Film and Art Festival.

 

EMPHASIZING CONSENT

Sex workers rights activists continue to be engaged in their complex, decades-long struggle with anti-sex trafficking organizations.

People who want safer working conditions say that decriminalization would make it easier for police to distinguish between coerced and consensual prostitution and encourage those with knowledge of crimes perpetuated against sex workers to come forward without risking prosecution for their own illegal work.

But many anti-trafficking advocates dismiss the distinction between forced and consensual prostitution in their efforts. According to a document called “Ten reasons for not legalizing prostitution,” on the website of the Coalition Against Trafficking in Women, “There is no doubt that a small number of women say they choose to be in prostitution, especially in public contexts orchestrated by the sex industry… In this situation, it is harm to the person, not the consent of the person that is the governing standard (emphasis theirs).”

It’s this refusal to acknowledge the importance of consent that really pisses off advocates —and has a powerful effect on the policy that governs them.

The federal definition of sex trafficking includes consensual prostitution, and defines coerced prostitution as “severe sex trafficking.” “Law enforcement agencies can use anti-trafficking funds to arrest sex workers in prostitution, on the grounds that the feds define all prostitution as trafficking, even though the government distinguishes between trafficking and severe trafficking,” said one sex workers rights activist.

According to Leigh, anti-trafficking organizations are not all bad; she named the Global Alliance Against Traffic in Women as an organization that “has been allied with sex workers rights movement and takes rights-based approach.”

But organizations that conflate consensual and coerced commercial sex are often big-time recipients of public and private funding.

Doogan is wary of any attempt to further regulate or criminalize sex work. She says that often, laws meant to deter prostitution trap people who may want to change occupations.  “Women have to continue working in the industry because no one else will take them for work when they have those convictions on their record,” said Doogan.

That may be the case with Lola, an occasional Erotic Service Providers Union volunteer who was arrested on prostitution-related charges outside California earlier this year. She moved to the Bay Area and is looking for a job, but after a promising interview last week, she’s nervous that a background check will reveal her arrest.

“I’m waiting to hear whether that’s going to be an issue or not. They could tell my landlord, and then I could lose my house too…all I’m trying to do is get a job,” Lola told the Guardian.

 

THE WORK GOES ON

For most sex-workers rights activists, the long-term goal remains decriminalization. For now education, creative projects, and protest in service of that goal continue.

Members of SWOP-Bay Area have a program called Whorespeak that does outreach at colleges, and “we’ve also been speaking in classes for therapists about how to work with current and former sex workers and not pathologize them,” said Williams.

According to Stryker, one of the most exciting projects happening now is Karma Pervs. The website, run by local queer porn star Jiz Lee, sells unique sex-positive porn and donates the proceeds to organizations like the Saint James Infirmary.

Then, of course, there’s the International Day to End Violence Against Sex Workers, when sex workers and allies gather to commemorate sex workers who have been assaulted and killed.

Sex workers often can’t go to police to report crimes for fear of being locked up themselves, society retains a huge stigma surrounding sex work, and there is an insidious cultural myth that “you can’t rape a prostitute.” These all add up to put sex workers at high risk for assault and murder; serial killers, such as the Green River Killer in Seattle and a murdered in Long Island-area this past summer, are disproportionately likely to target prostitutes.

That’s why, for Williams, “Our long-term goal is to decriminalize prostitution. But the real goal is to end violence against sex workers.”

Film Listings

0

Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Max Goldberg, Dennis Harvey, Lynn Rapoport, and Matt Sussman. For rep house showtimes, see Rep Clock. For complete listings, including more Ongoing films, see www.sfbg.com.

INDIEFEST

The 14th San Francisco Independent Film Festival runs Feb 9-23 at the Roxie Theater, 3117 16th St, SF. For tickets (most films $11) and schedule info, visit www.sfindie.com. For commentary, see “Twisted Misters.”

OPENING

*Elite Squad: The Enemy Within A huge hit in its native Brazil, this drama from director José Padilha (2002’s Bus 174) uses insane amounts of bullets to spin a twisted tale of police and government corruption. It’s a sequel of sorts to 2007’s The Elite Squad, though having missed that film isn’t a barrier to enjoying part two. Special ops cop Roberto Nascimento (Wagner Moura) returns; he’s higher up the bureaucratic food chain, but finds himself locked in a constant battle with bad guys both criminal and co-worker. (“I created the monster that would eat me up,” he realizes after an elaborate scheme to eliminate drug dealers and dirty cops goes horribly awry.) Meanwhile, his wife is now his ex-wife, and she’s remarried a lefty politician (Irandhir Santos) who’s particularly interested in exposing the same villains making Nascimento’s life hell, while also making Nascimento’s life hell himself. Fans of The Wire and particularly City of God — Enemy co-writer Bráulio Mantovani was an Oscar nominee for that 2002 film — will have particular interest in Enemy, though it never quite achieves those works’ memorable heights. One possible reason: too much Nascimento voice-over. How do you say “show me, don’t tell me” in Portuguese? (1:55) Four Star. (Eddy)

*I Am Bruce Lee Not to be confused with Bruce Lee: A Warrior’s Journey (2000), this Spike TV co-production is nonetheless a similarly praise-filled portrait of the groundbreaking, charismatic action star. Warrior’s Journey‘s main coup was revealing long-thought-lost footage from 1978’s The Game of Death, one of only five feature films starring Lee (two of which were posthumous, including 1973 smash Enter the Dragon). I Am Bruce Lee tilts more toward exploring Lee’s lasting legacy — an extended debate over whether or not he invented what we now call “mixed martial arts” definitely plays to the doc’s Spike TV interests — but also contains the expected biography, with an emphasis on Lee’s unique approaches to martial arts and philosophy, as well as input from suspects usual (Lee’s widow and daughter, top Lee student Dan Inosanto, etc.), understandable (boxer Manny Pacquiao, martial arts champ Cung Lee), and fanboy (Mickey Rourke, Ed O’Neill). Screening in a very limited run, I Am Bruce Lee is a flashy, entertaining primer for beginning students of Lee (lesson one: he was basically the coolest guy who ever lived); longtime fans may not learn anything new, but will no doubt find much to enjoy anyway. (1:34) Four Star, Metreon. (Eddy)

Journey 2: The Mysterious Island Dwayne Johnson and Vanessa Hudgens play a father-daughter team of explorers in this sequel to 2008’s Journey to the Center of the Earth. (1:34)

Once Upon a Time in Anatolia Turkish director Nuri Bilge Ceylan’s deconstructed Turkish police procedural offers little action but plenty of atmosphere. The search for a corpse by a group of men — a prosecutor, a commissar, a doctor, and their two main suspects— through the desolate, wind-scoured hills of rural Anatolia, is in fact something of a Hitchcockian MacGuffin. Ceylan’s real investigation is philosophical, zeroing in on the way in which each of these men constructs his own truth out of the re-telling and mis-telling of past events. And the drudgery of this protracted investigation, much of it depicted in real-time, provides plenty of opportunities for all of the players to tell their stories or to simply ruminate, often bitterly, about their own lives. There is palpable loneliness that courses through all the chatter, formally mirrored by Ceylan’s penchant long-takes of isolated figures swallowed by the countryside or the darkness of night. But despite the endless landscape that surrounds them, there is no exit for these small men. (2:37) SF Film Society Cinema. (Sussman)

Safe House Denzel Washington is a rogue CIA agent who goes on the run with a rookie (Ryan Reynolds) when mercenaries attack. (2:00) Presidio.

Star Wars: Episode 1: The Phantom Menace 3D Spoiler alert: no matter how rad the special effects look in 3D, this movie will still contain Jar Jar Binks. (2:16)

This Means War Another flick about battlin’ CIA agents — this time, though, it’s Chris Pine and Tom Hardy fighting over Reese Witherspoon. (2:00)

“2011 Oscar-Nominated Short Films, Live Action and Animated” See the shorts tipped to compete for Oscar gold in two separate programs, divided into live-action and animated films. Lumiere, Opera Plaza, Shattuck, Smith Rafael.

The Vow Sorry Rachel McAdams and Channing Tatum, but 1987’s Overboard is the best amnesia-themed romance of all time. (1:44) Marina.

W.E. Madonna’s having a big week, no? (1:59) Bridge.

ONGOING

Big Miracle Three gray whales trapped beneath the Beaufort Sea ice near the tiny town of Barrow, Alaska become an international cause célèbre through the uneasily combined efforts of an Anchorage reporter (John Krasinski), a Greenpeace activist (Drew Barrymore), a group of chainsaw-toting Inupiaq fishermen, a Greenpeace-hating oilman (Ted Danson), a Reagan-administration aide (Vinessa Shaw), a U.S. Army colonel (Dermot Mulroney), a pair of Minnesotan entrepreneurs (James LeGros and Rob Riggle) with a homemade deicing machine, and the crew of a Soviet icebreaking ship. The magical pixie dust of Hollywood has been sprinkled liberally over events that did indeed take place in 1988, but the media frenzy that blossoms out of one little local newscast is entirely believable. Everyone loves a good whale story, and this one is a tearjerker — though the kind that parents can bring their kids to without worrying overly much about subsequent weeks of deep-sea-set nightmares and having to explain terms like “critically endangered Western North Pacific gray whale” if they don’t want to. The film makes clear that the weak-on-the-environment Reagan administration and Danson’s oilman stand to gain some powerfully good PR from this feat, with potentially devastating ecological results down the line, and Barrymore’s character gets to recite a quick litany of impending oceanic catastrophes. But this kind of talk is characterized as less useful than a nice, quick, visceral pull on the heartstrings, and while offering us the pleasurable sight of whales breaching in open water, the film avoids panning out too much farther, which may be why the miracle looks so big. (2:03) 1000 Van Ness. (Rapoport)

*Chronicle A misfit (Dane DeHaan) with an abusive father and an ever-present video camera, his affable cousin (Matt Garretty), and a popular jock (Michael B. Jordan) discover a strange, glowing object in the woods; before long, the boys realize they are newly telekinetic. At first, it’s all a lark, pulling pranks and — in the movie’s most exhilarating scene — learning to fly, but the fun ends when the one with the anger problem (guess which) starts abusing the ol’ with-great-power-comes-great-responsibilities creed. Chronicle is a pleasant surprise in a time when it’s better not to expect much from films aimed at teens; it grounds the superhero story in a (mostly) believable high-school setting, gently intellectualizes the boys’ dilemma (“hubris” is discussed), and also understands how satisfying it is to see superpowers used in the service of pure silliness — like, say, pretending you just happen to be really, really, really, good at magic tricks. First-time feature director Josh Trank and screenwriter Max “son of John” Landis also find creative ways, some more successful than others, to work with the film’s “self-shot” structure. The technique (curse you, Blair Witch) is long past feeling innovative, but Chronicle amply justifies its use in telling its story. (1:23) 1000 Van Ness. (Eddy)

*Come Back, Africa Opposition to apartheid didn’t really pick up steam as a popular cause in the U.S. until the early 1980s. Which makes it all the more remarkable that New York City-based documentarian Lionel Rogosin made Come Back, Africa (1959) about a quarter-century earlier — though less surprisingly, the film itself was barely seen here at the time. Now finally playing American theaters outside his home town in a restored print, it’s a time capsule whose background is as intriguing as the history it captures onscreen. The horrors of World War II and some subsequent global travel had stirred a profound awareness of social injustices in Rogosin, who began planning a feature about South Africa while still working at his father’s textile business. He had very little filmmaking experience, however, so he took $30,000 of his earnings and as “practice” made On the Bowery (1956), a semi staged portrait of Manhattan’s skid row area that won considerable praise, if also some shocked and appalled responses from Eisenhower-era keepers of America’s wholesome, prosperous self-image. Armed with the confidence bestowed by that successful effort and several international awards, Bogosin traveled to South Africa — not for the first time, but now with the earnest intent of making his expose. In the mid- to late ’50s, however, that was hardly a simple task. The film, which mixes a loose, acted narrative with completely nonfiction elements, follows the luckless wanderings of an agreeable protagonist played by a first-time actor — Zacharia Mgabi, a 30-ish bearded worker “discovered” on a bus queue. His character, Zachariah, is caught in one catch-22 of apartheid life: he can’t get a job without the appropriate permits, and can’t get the permits without a job. And so on. All show and almost no “tell,” Come Back, Africa wasn’t shown in South Africa until the late 1980s; it nonetheless proved a great influence on development of the whole continent’s indigenous cinematic voices. (1:24) Roxie. (Harvey)

*Coriolanus For his film directing debut, Ralph Fiennes has chosen some pretty strong material: a military drama that is among Shakespeare’s least popular works, not that adapting the Bard to the screen has ever been easy. (Look how many times Kenneth Branagh, an even more fabled Shakespearean Brit on stage than Ralph, has managed to fumble that task.) The titular war hero, raised to glory in battle and little else, is undone by political backstabbers and his own contempt for the “common people” when appointed to a governmental role requiring some diplomatic finesse. This turn of events puts him right back in the role he was born for: that of ruthless, furious avenger, no matter that now he aims to conquer the Rome he’d hitherto pledged to defend. The setting of a modern city in crisis (threadbare protesting masses vs. oppressive police state) works just fine, Elizabethan language and all, as does Fiennes’ choice of a gritty contemporary action feel (using cinematographer Barry Ackroyd of 2006’s United 93 and 2008’s The Hurt Locker). He’s got a strong supporting cast — particularly Vanessa Redgrave as Coriolanus’ hawkish mother Volumnia — and an excellent lead in one Ralph Fiennes, who here becomes so warped by bloodthirst he seems to mutate into Lord Voldemort before our eyes, without need of any prosthetics. His crazy eyes under a razored bald pate are a special effect quite alarmingly inhuman enough. (2:03) Embarcadero. (Harvey)

*Haywire Female empowerment gets its kung-fu-grip thighs around the beet-red throat of all the old action-heroes. Despite a deflated second half — and director Steven Soderbergh’s determinedly cool-headed yet ultimately exciting-quelling approach to Bourne-free action scenes — Haywire is fully capable of seizing and demanding everyone’s attention, particularly that of the feminists in the darkened theater who have given up looking for an action star that might best Angelina Jolie’s Lara Croft. Former pro mixed martial arts fighter Gina Carano, who plays it as studiedly intense and charismatic as crossover grapplers Lee, Norris, and Seagal before her, is that woman, with convincingly formidable neck and shoulder muscles to distract from her curves. Her Mallory Kane is one of the few women in Haywire‘s pared-down, stylized mise-en-scene — the lone female in a world of men out to get her, starting with the opening diner scene of a watchful Mallory confronted by a man (Channing Tatum) playing at being her boyfriend, fed up with her shit, and preparing to pack her into the car — a scenario that doubtless many rebel girls can relate to until it explodes into an ultraviolent, floor-thrashing fight scene. Turns out Mallory is an ex-Marine and Blackwater-style mercenary, ready to get out of the firm and out of a relationship with her boss, Kenneth (Ewan McGregor), when she learns, the bruising way, that she’s been set up. The diner scene sets the tone for rest of Haywire, an otherwise straightforward (albeit flashback-loaded) feminist whodunit of sorts, limned with subtextual currents of sexualized violence and unfolding over a series of encounters with men who could be suitors — or killers. (1:45) California, 1000 Van Ness. (Chun)

*Pariah A teenage girl stands stock-still in a dark nightclub, gazing with desire and fear at the half-naked female dancers on the stage. Later, riding home on the bus, she slowly removes the layers of butch that held her together in the club, stripping down to some version of the person her parents need to see when she walks in the door. Nearly wordlessly, the opening scenes of Dee Rees’s Pariah poignantly depict the embattled internal life of Alike (Adepero Oduye), a 17-year-old African American girl living in Brooklyn with her family and struggling both to be seen as she is and to determine what that might look like. The battles are being waged externally, too, between Alike’s adoring father (Charles Parnell), living in willful ignorance, and angry, rigid mother (Kim Wayans), desperately enforcing a feminine dress code and steering Alike away from openly butch friend Laura (Pernell Walker). Rees’ script beautifully conveys a household of landmines and chasms, which widen as husband and wife and daughter struggle and fail to communicate, asking the wrong questions, fearfully skirting the truth about Alike’s sexuality and her parents’ crumbling marriage. And the world outside proves full of romantic pitfalls and the tensions of longtime friendship and peer pressure. The poems in which the talented Alike takes solace and makes her way toward a more truthful existence are beautiful, but at a certain point the lyricism overtakes the film, forcing an ending that is tidy but less than satisfying. (1:26) Lumiere, SF Center. (Rapoport)

The Woman in Black Daniel Radcliffe (a.k.a. Harry Potter) plays a grieving young widower in an old-fashioned ghost story, set in the era of spirit hands and other visitations from beyond the veil. But while Victorian séances were generally aimed at the dearly departed, the titular visitant (Liz White), who haunts the isolated estate of Eel Marsh House and its environs, is a vindictive, mean-spirited creature, avenging the long-ago loss of her child by wreaking havoc and heartbreak among the families of the nearby village, among them a local landowner (Ciarán Hinds) and his wife (Janet McTeer). Radcliffe’s character, a lawyer named Arthur Kipps, has been tasked with settling the affairs of the mansion’s recently deceased owner, an assignment that requires sifting through mounds of dusty, crumpled ephemera in one of the creakiest, squeakiest buildings ever constructed. Set at the end of a narrow spit of land that disappears into the surrounding wetlands when the tide is high, Eel Marsh House is a charming place to be marooned after dark. But no amount of horrified screams from the audience will keep Kipps from his duties, though it’s hard to make much headway amid the unrelenting creepiness. Nearly every moment brings a fresh inexplicable thumping noise from an upper floor; a new room full of dead-eyed dolls that Kipps has no business wandering into; another freakishly screaming face next to his as he gazes out the window. The house is a richly textured set piece; the horror is of the sort that makes you jump and then laugh, both at the filmmakers, for springing the same tricks on you over and over, and at yourself, for falling prey to them every time. (1:36) 1000 Van Ness, Shattuck. (Rapoport)

Hippies do it better

0

caitlin@sfbg.com

HERBWISE I am not given overmuch to squealing over technology, particularly weed technology. Over the past few months I have sampled candy cane-flavored rolling papers, a cannabis aphrodisiac shot, the Ziggy Marley-endorsed Marijuana Man comic book.

Mind you, I’m not complaining. But –- minus perhaps Humboldt Hemp Wicks –- none of those products have found their way into my everyday retinue. Until, that is, the subject of last week’s Herbwise, Randy Thompson of the vaporizer website Puff it Up, introduced me to a singular machine.

The Magic-Flight Launch Box is a thing of beauty. A clean maple wood box barely larger than a matchbox, it makes the black plastic tabletop models I once associated with vaporizing look clunky, wasteful. Vaporizing, university studies show, cuts down on the lung-coating tar that results from pipes and joints. Plus, it imparts a much cleaner marijuana taste –- perfect for the scores of cannabis connoisseurs who are popping up across the Bay Area.

Operating the Launch Box is simple. Insert the glass mouthpiece into the small round hole, a battery (two lithium batt’s and a recharger come with the starter kit) into the large round hole, press down for about five seconds, and inhale. No wall jack, no noise, no black plastic. The back of the box is engraved with a manifesto on what love is.

Obviously, hippies made it. Namely, a one Forrest Landry, who in a recent phone interview with the Guardian explained that the Launch Box’s ingenious design is a reflection of a New Age philosophy he’s cultivated over decades.

“Understanding the nature of communication allows us to understand the nature of community,” Landry says. “The vaporizer as a device is a communication event. We’re helping people breathe easier because of what we do.” The Launch Box’s backside is engraved with Landry’s personal philosophy on love (precious!)

He says the internationality of the product extends to the mindset of the company’s staff, who convene in a workshop located just outside San Diego. “Working with these tools is a kind of meditation. Doing this kind of work allows for an expanded awareness. You’re not aware just of how the tool is cutting the wood.”

Once an East Coast software developer, Landry changed careers upon his migration to California (to follow a lady love, he tells me). “I was thinking about what community of folks I want in my life.”

The answer was cannabis folks –- or more accurately, herbal folks, since the Launch Box can be used to ingest other plants like St. John’s wort (a useful tool for fighting seasonal affective disorder) and tobacco. Magic-Flight plans to start selling its own herbal blends in the next few months that can be vaporized solo or with cannabis.

The last thing that Landry wants is for Magic-Flight to be considered an activist company –- but that’s not to say that there’s nothing the federal government can learn from his philosophy.

“We’re not trying to shift the laws or policies per se, but we’re promoting the idea that love is enabling choice. We’re hoping the government realizes that enabling choice is a good thing.”

Conflicted Chron buries the lead in city corruption case

67

UPDATE 2/15: READ OUR CURRENT STORY ON THE CASE HERE. The San Francisco Chronicle’s Matier and Ross love to poke snarky fun at progressives such as Matt Gonzalez, as they did again today when they wrote about his work on the Cobra Solutions vs. San Francisco case, for the second time. But they waited until the last paragraph in this second-to-last item in their column to reveal the real news: Mayor Ed Lee was deposed in the case last week and may be called as a witness.

Wow, talk about burying the lead. Here you have a sitting mayor implicated in a major corruption scandal – acting on orders from then-Mayor Willie Brown, who last year helped elevate Lee into Room 200 (and who just happens to write a weekly column for the Chronicle) – in a case that could cost city taxpayers $16 million.

The Chron hasn’t really covered the substance of the case, but Guardian readers may remember our investigative report on it last year. That’s when we unearthed evidence that Ed Lee, who was the city purchaser at the time, approved a fraudulent city contract – overruling city staff in the process – allegedly on orders from Brown.

It’s a complicated case and a long story well worth reading, but essentially it involves a company called Government Computer Sales Inc. (GCSI) that had ties to Brown. It’s accused of improperly getting a multi-million-dollar city contract with Lee’s help and then soliciting kickbacks from its subcontractors, including Cobra Solutions.

Cobra claims it didn’t know payments to GCSI were kickbacks and that it was damaged by the accusations and being frozen out of its city work by the City Attorney’s Office (under Dennis Herrera, who has his own interesting conflicts in the case). Also implicated in the case are SFPUC Director (and then-Controller) Ed Harrington; Monique Zmuda, still a top official in the Controller’s Office; and Steve Kawa, the chief-of-staff for Lee, Brown, and Gavin Newsom, and a powerful player at City Hall.

In a deposition, a city computer operations manager named Deborah Vincent-James testified that she and other city staffers knew GCSI was a fraudulent company, but that they were placed in the Computer Store (a list of qualified city contractors) to do work for the Department of Building Inspection on orders from above: “[Lee] was directed by the Mayor’s Office and told to do an evaluation process. They evaluated them. They were put in the store.”

UPDATE 2/7: Mayor Lee took the witness stand in court yesterday, where he was questioned by attorney Whitney Leigh about overruling staff to certify GCSI, which the City Attorney’s Office has deemed a fraudulent company that has since left town and evaded justice. More on what he said later.

Some reality about the jobs report

6

The Obama Administration is thrilled with the new employment figures, and it’s clear the president will use this as a key part of his campaign (as long as the recovery keeps going and doesn’t sputter again). The Republicans, of course, are complaining that it’s not enough, that “we could do better,” but that sounds awfully hollow and fits into the narrative that the GOP doesn’t want anything to improve this year because the entire goal of the party is to defeat Obama in the fall.

But really, while it’s encouraging, the new unemployment figures are still bogged down by two things: The labor force is growing faster than the nation is creating jobs — and layoffs in the public sector are still a drag on the recovery.

There’s a pretty good analysis on DailyKos, talking about the labor force issue. But there’s more: Among people without a college education, the jobs picture is still really bleak. Same for people who have been unemployed for a while now and for youth. I could go on and on about the failure of trickle-down spending, but the reality is that the economy is still far too top heavy to all for a real recovery. Income inequality isn’t just a political and moral issue; it’s an economic downer. The U.S. economy depends overwhelmingly on consumer spending, and since all of the new new wealth of the past 20 years has gone to the very rich, most consumers don’t have enough money to spend enough to keep the economy buzzing. And a few new IPOs that make a few more people rich isn’t going to solve the problem.

Note that the one sector of the economy that is still losing jobs is government. That’s a result of low taxes that can’t fund public services (and can’t provide the generally decent unionized jobs, including jobs for people without college degrees, that exist in the public sector).

I was intrigued by the Congressional Budget Office report comparing federal and private-sector workers, which the Republicans (and, I’m sure, some of my beloved trolls on this blog) will use as evidence that government is bloated and public-sector workers are overpaid. But that’s not exactly what the report says:

CBO found that those without a college degree fared better as federal employees, since their pay was 36% higher than that of private-sector employees–particularly when it came to benefits. Those with advanced degrees such as doctorates, however, were generally better off in private industry, strictly from a monetary viewpoint–government pay was 18% lower than that of comparable individuals in the private sector.

In other words, federal pay is a lot more like the private sector used to be, back before the United States became one of the most socially stratifed societies in the developed world. The folks at the bottom do better, and the folks at the top don’t get as rich, and the gap between the highest paid and the lowest paid is a lot smaller.

Which is one reason that Republicans hate public-sector unions and government employment — it’s better for the 99 percent.

On the township

0

FILM Opposition to apartheid didn’t really pick up steam as a popular cause in the U.S. until the early 1980s. Which makes it all the more remarkable that New York City-based documentarian Lionel Rogosin made Come Back, Africa about a quarter-century earlier — though less surprisingly, the film itself was barely seen here at the time. Now finally playing American theaters outside his home town in a restored print, it’s a time capsule whose background is as intriguing as the history it captures onscreen.

The horrors of World War II and some subsequent global travel had stirred a profound awareness of social injustices in Rogosin, who began planning a feature about South Africa while still working at his father’s textile business. He had very little filmmaking experience, however, so he took $30,000 of his earnings and as “practice” made On the Bowery (1956), a semi staged portrait of Manhattan’s skid row area that won considerable praise, if also some shocked and appalled responses from Eisenhower-era keepers of America’s wholesome, prosperous self-image. (It was, as 1959’s Come Back, Africa would also be, much more widely appreciated in Europe.)

Armed with the confidence bestowed by that successful effort and several international awards, Bogosin traveled to South Africa — not for the first time, but now with the earnest intent of making his expose. In the mid- to late ’50s, however, that was hardly a simple task. He and wife Elinor Hart had to do everything clandestinely, from making contacts in the activist underground to recruiting actors and crew. (The latter eventually had to be brought in mostly from Europe and Israel.) To get permits he fed the government authorities a series of lines: first he pretended to be making an airline travelogue to encourage tourism; then a music documentary to show local blacks “were basically a happy people;” then another doc, about the Boer War. Amazingly, despite the myriad likelihoods of being informed on, he shot the entire film without being shut down or deported. It remained, however, a stressful and dangerous endeavor for all concerned.

Like On the Bowery, Come Back, Africa qualified as a documentary by the looser standards of the time (Rogosin preferred the term “poetic realism”), but mixed a loose, acted narrative with completely nonfiction elements. Like the prior film, it also followed the luckless wanderings of an agreeable protagonist played by a first-time actor actually found on the street — here Zacharia Mgabi, a 30-ish bearded worker “discovered” on a bus queue.

His character, Zachariah, is caught in one catch-22 of apartheid life: he can’t get a job without the appropriate permits, and can’t get the permits without a job. First he tries finding employment in the misery of a mining encampment, then travels to Johannesburg — where it’s illegal for him to be without further permits — where he’s bounced from one position to another. Working as “house boy” to a middle-class white couple, he’s fired when the racist, shrewish wife (a memorable performance by Myrtle Berman) catches him sneaking a drink from her own secret booze stash. An auto-shop stint is lost due to a friend’s incessant goofing off, while service as porter in a hotel is terminated when a hysterical white lady guest cries “Rape!” simply because he surprises her in a hallway.

Meanwhile Zachariah’s wife arrives from their native KwaZulu, and they tentatively set up house in a Sophiatown shack. (Come Back, Africa is of particular interest for its scenes there — within a few years the government had forcibly emptied this poor black township, having made its population mix of races illegal, and the area was razed to become an unrecognizable whites only suburb.) But even this small foothold on stability is doomed. Just as alcoholism dragged On the Bowery‘s hero back into a downward spiral at the end (both on- and offscreen), so Zachariah and his family are helpless to save themselves from the violence, police harassment, and self-destruction apartheid breeds and maintains itself with.

All show and almost no “tell,” Come Back, Africa pauses around the two-thirds point to let several men pass around a bottle, discussing the nature of and solutions to their oppression. They’re happily interrupted by the incongruity of a young woman in an elegant cocktail dress — no less than a then-unknown Miriam Makeba, who sings a couple of songs in her inimitable voice. When the film was finished, Rogosin bribed officials to get her out of the country, bankrolling his contracted “discovery’s” launch at the Venice Festival, and in the U.S. and England. But to his great disappointment, she was quickly taken under Harry Belafonte’s wing, dismissing her first benefactor as “not very nice” and “an amateur.” Thus a legend was born, with Rogosin pretty much cut out of the resume.

Come Back, Africa, too, would disappoint its maker in some respects. With a furious South African government swiftly condemning this portrait as “distorted,” his original plans for a trilogy became impossible. The film won a number of prizes — although unlike On the Bowery, it was pointedly not nominated for a Best Documentary Oscar — and would eventually be widely seen on European television. But it has still never been broadcast in the U.S., and despite Rogosin’s efforts — he went so far as to open NYC’s still-extant Bleeker Street Cinemas in 1960 to show it and other important new works — it collided with a thud against the overwhelming indifference of middle-class white audiences. They were barely starting to confront such thorny racial issues in their own backyard, much less in far-flung nations. Not shown in South Africa until the late 1980s, Come Back nonetheless proved a great influence on development of the whole continent’s indigenous cinematic voices.

A liberal shit-kicker to the end, Rogosin made other documentaries, was integral to the New American Cinema movement (alongside Jonas Mekas, Robert Downey Sr., Shirley Clark, and other experimental luminaries), founded distribution company Impact Films, and moved to England for a spell before dying in Los Angeles at the century’s turn. It’s a pity he didn’t live to see his two first features restored and rediscovered — though interviews late in life suggest he never let limited exposure dampen his activist zeal one whit.

COME BACK, AFRICA opens Fri/3 at the Roxie.

Dick Meister: Sit down, punk!

1

By Dick Meister

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns.

I spotted a forgotten hero at the memorial service for SF labor leader Walter Johnson the other day, a true but largely unacknowledged hero of the anti-Vietnam War movement – Art Carter, former head of the AFL-CIO’s Contra Costa Labor Council.

The AFL-CIO, you might recall, was a major and outspoken supporter of that damned war which was waged as a key part of the Cold War against the Soviet Union.  The AFL-CIO held tenaciously to its unqualified support of the war, whether it was being waged by a long-time labor ally, Democratic President Lyndon Johnson, or by his anti-labor Republican successor, Richard Nixon.

It was in 1969, at the AFL-CIO’s national convention in Atlantic City, that Carter, a 28-year-old delegate, dared stand up to oppose a resolution unconditionally supporting the Vietnam War and the Vietnam policies of then-President Nixon, which delegates had loudly cheered when a guest speaker, Defense Secretary Melvin Laird, had spelled them out. The measure was presented by hawkish AFL-CIO President George Meany and ultimately opposed by only six of the 700 delegates – including, of course, Art Carter.

Much to the open disgust and anger of Meany and most delegates, Carter offered a substitute resolution that urged the AFL-CIO “to exercise all possible influence and persuasion on the national administration to effect an immediate major reduction of American military involvement in Vietnam and to bring the Vietnam War to a speedy end. “

Carter called his proposed measure  “a rather modest resolution” that came from his members – “working men whose sons have either just returned from Vietnam or who face going to Vietnam.”

He urged the AFL-CIO ‘s national leaders to take a critical look at the government’s Vietnam policies rather than “giving carte blanche to a president to do anything he regards as in the national interest.” Carter followed that with a proposed resolution condemning the Nixon administration’s Vietnam policies that got but one delegate’s vote – his.

Boy, did the stuff hit the fan, as I and other reporters from around the country rushed forward to question the young renegade from the Bay Area. It was big news, someone inside the AFL-CIO actually challenging the imperious George Meany, who was rarely challenged within labor circles.

Consider the situation. There was Carter, a delegate from a small, nationally obscure labor council, surrounded by hostile men at least twice his age and faced with the barely concealed animosity of a 75-year-old who was known nationwide as “Mr. Labor.” How dare Carter question Meany and the other labor elders?

 Meany, at the convention podium, snapped back at Carter immediately. He derided Carter and others who sought “peace at any price,” equated their suggestion for a reduction of forces in Vietnam with surrender and claimed that would result in “the kind of peace you get in the jail house.” Carter tried to respond, but Meany abruptly ruled him out of order, and Carter was forced to move away from the floor microphone and resume his seat amid noisy catcalls and angry shouts of “sit down! sit down!”

Carter was hardly a wild-eyed radical, just an intelligent young man of liberal bent calling for a peaceful solution to an ugly, futile war that had already left many Americans dead. Yet, he asked reporters, with an air of angry futility, “Did you hear what they called me?  Young punk, that’s what they said: Sit down, punk!”

Although Carter’s brave stand – and, believe me, it was indeed brave – didn’t directly alter the AFL-CIO’s war mongering, or that of others, it couldn’t help but have an impact on millions of Americans both inside and outside the labor movement.

 Just a few days after the AFL-CIO convention adjourned, as many as three million people in more than 200 cities took part in marches and other demonstrations to  demand immediate withdrawal of U.S. troops from Vietnam. It was the largest peace demonstration ever held up to that time.

Although the precise effect of Carter’s courageous stand is not clear, it undoubtedly did help inspire many others to openly oppose or at least seriously question the government’s Vietnam policies and pressure the AFL-CIO and others to at least tone down their support of the war.

In the context of the time, Art Carter’s was indeed a heroic act. Thankfully, today’s AFL-CIO leaders bear little resemblance to Cold Warrior Meany and his cohorts. The AFL-CIO’s current president, Richard Trumka, is an outspoken backer of the Occupy Wall Street Movement, for instance, as are many other AFL-CIO leaders and members who can cite Carter as an inspiration.

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns.