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ALERTS

By Jackie Andrews

 

THURSDAY, JUNE 9

Reporting back from Cuba

Gloria la Riva, recent winner of the Friendship Medal by the Cuban Council of State, will update the public on the new Cuban economic policies, their impact on the country’s economy, and the Latin American struggle for liberation — often called the Bolivarian Revolution. Afterward, check out a special screening of South of the Border, Oliver Stone’s investigative documentary that exposes the mainstream media’s misrepresentation of Latin America in its demonization of the Venezuelan President Hugo Chavez.

7–9 p.m., free

ANSWER Coalition

2969 Mission, SF

www.answersf.org

 

FRIDAY, JUNE 10

Protest nuclear power

It’s been almost three months since the earthquake in Japan and resulting Fukushima nuclear disaster, and many fear that California’s coast is similarly vulnerable. Rally against the corporations that influence the U.S. government in favor of nuclear industry despite its dangers to people and the environment. Demand that all U.S. power plants — funded by tax dollars — be shut down and help promote a cleaner public power.

3:30–5:30 p.m., free

The Consulate General of Japan

50 Fremont, SF

Facebook: No Nukes Action SF-Solidarity with 6.11 Action in Japan

 

SATURDAY, JUNE 11

World Naked Bike Ride

Ride your bike in the buff to express the public’s vulnerability to the social, economic, and environmental dangers caused by a global dependence on oil. A kind of naked Critical Mass, this fun, provocative bike ride will tour the city’s hot spots including Fisherman’s Wharf, the Marina, and Civic Center. All are welcome, so ride as you dare — bare or square — but don’t forget the sunscreen.

11 a.m., free

Justin Herman Plaza

Market and Embarcadero , SF

Facebook: World Naked Bike Ride-San Francisco

 

International Day of Solidarity

Enjoy an evening of solidarity and support for Marie Mason and Eric McDavid, two political prisoners sentenced for Earth Liberation Front-endorsed actions — what the feds call ecoterrorism. This event features a screening of If a Tree Falls: A Story Of the Earth Liberation Front, as well as information about the so-called “green scare,” or the recent wave of government repression meant to disrupt and discredit environmental activism.

7–9:30 p.m., $15

Women’s Building

3543 18th St., SF

www.june11.org 

 

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

Dick Meister: Unions save lives

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A miner’s life is like a sailor’s

‘Board a ship to cross the waves

Every day his life’s in danger

Still he ventures being brave

—Traditional labor song

A new study shows that unionization is a sure way to dramatically lessen the many deaths and serious injuries that have been all too common in the nation’s coal mines.

That ‘s the unequivocal conclusion of the independent study of coal mining between 1993 and 2008 conducted by Stanford law professor Allson Morantz and funded by the National Institute for Occupational Safety and Health (NIOSH).

There’s no doubting it: Workers in unionized mines are far less likely to be killed or seriously injured than are workers in non-union mines.

The study indicates that the number of fatalities in individual non-union mines can decline by one-third up to nearly three-fourths and serious injuries decline by as much as one-third if the mines unionize.

It’s no coincidence, notes President Cecil Roberts of the United Mine Workers Union, that several major mine disasters recently were at non-union mines. That includes the explosion at Massey Energies’ Upper Big Branch mine in West Virginia that killed 29 miners last year, the Crandell Canyon, Utah, blast that killed nine miners in 2007 and the Sago explosion in West Virginia in 2006 that killed 12.

“The simple truth,” Roberts concludes, “is that union mines are safer mines, and this study proves that.”

He gets ready agreement for that obvious truth from union leaders and members at all levels of the labor movement, right up to AFL-CIO President Richard Trumka. He was a coal miner himself, as were his father and grandfather.

Trumka says he learned firsthand “the vital importance of workers having a voice on the job through their union.”

Spreading unionization throughout the coal mining industry is a key mission of the United Mine Workers. But though that doubtlessly would lead to greater coal mine safety, the union’s Democratic Party allies must meanwhile continue pressing for stronger mine safety laws – and stronger enforcement of the laws.

Those steps and the labor-management cooperation in collective bargaining and otherwise that the steps would require would guarantee that coal mine job safety would continue to improve – perhaps at even a faster rate than shown by Professor Morantz’ study.

Labor, management and government would be in a far better position to do much more of what’s needed to continue lowering the still high number of mine worker fatalities.

That’s not just a daydream. Listen to the AFL-CIO’s Mike Hall. He knows. Says Hall: “With all we know today, and all the avenues of protection available, there is simply no need for even one life to be lost on the job.”

One of Congress’ most outspoken and effective safety advocates, veteran Democratic Rep. George Miller of California, sees the study as unassailable evidence that unionization leads to greater safety.

Miller, ranking Democrat on the House Education and Workforce Committee, is certain that “when workers have a voice in the mine through their union, they are safer. In union mines, workers are empowered to point out dangerous conditions to inspectors without fear of retaliation from management.”

It clearly demonstrates that “by giving miners the support they need to speak out, unions can save miners lives.”  So can the United Mine Workers’ stepped-up campaign to bring more workers under the direct protection of the union and the union’s expanding safety training programs for miners everywhere.

Saving lives. No union could have a greater purpose.

 

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 300 of his columns.

 

Dick Meister: The minimum wage is a poverty wage

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Imagine trying to live on pay of $7.25 an hour. Even if you managed to work full eight-hour days, you’d be making only about  $58 a day, $290 a week, or a measly $15,000 a year.  And out of that would come taxes and other deductions.

According to the standards of the federal government, you’d be living in poverty. Yet $7.25 an hour is the federal minimum wage set by Congress. State legislatures can and do set state minimums higher than the federal rate, but never lower, much as some would like to.

Far too many workers have no choice but to take minimum wage jobs, no choice that is, but to live in poverty. New research out of Columbia University’s law school lays out the sorry details of the minimum wage workers’ very serious situation, one that should never be tolerated in a country with such riches as ours.

In many states, the minimum wage laws are but barely enforced, in part because there’s little or no money budgeted for enforcement. But it’s also because the government agencies charged with enforcing the laws are clearly not much interested in carrying out their mandate.

Equally at fault are the governors and state legislators who’ve done virtually nothing to try to help their state’s neediest workers earn a decent living. They have to be aware that no one can make a decent living at the current minimum wage rates.

The government officials who have been ignoring the problems could at least try to make sure that employers pay workers the legal minimum, however inadequate it might be.  And the government officials could apply effective pressure to raise the minimum. They could, but given their record in such matters, that’s most doubtful.

Congress could raise the federal minimum, but having just recently raised it, that’s extremely unlikely, even though it should be obvious to everyone that a higher rate is needed to effectively help the many working people who badly need help.

It may be hard to believe, but despite the great need of workers and despite the widespread violations of the minimum wage laws, five states – Alabama, Florida, Georgia, Louisiana and Mississippi – have no agency assigned to enforce the minimum wage laws and other laws designed to protect workers rights.

The researchers also found that a majority of states do not fine or penalize employers who violate the minimum wage laws and other wage and hour laws. Which means that employers “have little or no incentive to obey wage and hour laws if the only repercussion for violating them is to have to pay wages owed in the first place.”

The report warns that “without meaningful enforcement by state regulators, some employers will simply disregard their legal obligation if doing so allows them to save time, money or effort, putting the majority who wish t abide by the law at a significant competitive disadvantage, This creates a regulatory race to the bottom by states as they seek to compete to attract businesses.”

Most important, it denies workers the basic rights and protections the law promises them but often fails to deliver.

 

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than half-century. Contact him through his website, dickmeister.com, which includes more than 300 of his columns.

 

 

 

Don’t undo ballot measures

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EDITORIAL The California initiative process is broken. The state’s too big, and it costs too much to gather signatures and mount a media campaign for or against a ballot measure.

But in San Francisco, the initiative process has traditionally been, and for the most part continues to be, a check on corrupt or ineffective political leaders and a chance for progressive reforms that can’t make it through City Hall. That’s why Sup. Scott Wiener’s proposal to allow the supervisors to amend (or, in theory, abolish) laws passed by the voters is a bad idea.

Since 1968, the San Francisco voters have approved 96 ordinances; that’s an average of about two a year. Obviously the pace has picked up since the 1970s. In 2008, there were eight measures approved; in 2010 there were four. The length and complexity of the ballot makes it appear that the supervisors aren’t doing their work, Wiener says. He notes that when he was campaigning, one of the most common complaints was that the voters were being asked to decide too many things that should have been handled at City Hall.

Some of that is the result of an unwieldy City Charter. Benefits for police and firefighters, for example, are specified in the charter, and any change needs voter approval. Wiener’s measure, aimed only at initiatives and not charter amendments, wouldn’t change that situation.

But some of it relates to the political alignments in San Francisco. For much of the past decade, the supervisors and the mayor were at odds over major issues. The mayor couldn’t get his (bad) proposals, like a ban on sitting on the sidewalks, through the board, and the progressives couldn’t get their proposals past a mayoral veto. So both sides went directly to the voters.

That’s a lot better than the paralysis we’re seeing in Sacramento. At least the issues are getting decided.

And over the years, some of the most important legislation in San Francisco — growth controls, tenant protections, protections for children’s programs, the city’s landmark open-government law — has come through ballot initiatives. The only way public power advocates have been able to get the issue on the agenda has been through ballot initiatives.

Those were issues that generations of supervisors and mayors wouldn’t take on — the developers and landlords and secrecy lobbyists and Pacific Gas and Electric Co. had too much power at City Hall. And those protections for the public, the environment, and the most vulnerable residents only survive today because they’re set in law and can’t easily be changed.

If Wiener’s measure has been in effect a decade ago, for example, Proposition M — the 1986 law that set neighborhood planning priorities and limits on office development, would have been summarily scrapped by Mayor Willie Brown and a pro-developer board. Key rent-control laws would have been repealed or amended to death. The ban on buildings that cast shadows on parks would be gone. Killing the Sunshine Ordinance would have been Brown’s first act.

Today’s district-elected board is far more accountable to the voters — but there’s hardly a reliable progressive majority. And the point of ballot initiatives is that you can’t predict who will control City Hall next year, or in 10 years.

We don’t think the initiative process in San Francisco is out of control. Sure, big money wins the day too often — but on balance, it’s a check that the Board of Supervisors should leave alone.

Vote your vote away

The article has been changed from the print version to correct an error.

In a surprising move that is causing a strong backlash from progressives and other groups that have won important reforms at the ballot box, Sup. Scott Wiener is pushing a charter amendment that would allow the Board of Supervisors to change or repeal voter-approved ballot measures years after they become law.

If voters approve Wiener’s charter amendment, among the most vulnerable reforms may be tenant protections such as limitations on rent increases, relocation assistance for no-fault tenant removal, and owner move-in eviction limits, to name a few.

The Rules Committee heard concerned testimony about the proposal May 19 and opted to hold off on voting to send it to the full board for approval until the next meeting on June 2 to allow for more public comment.

If approved, the amendment will be on the November ballot, although the public may be confused about why such an amendment would be on the ballot in the first place. The measure covers ordinances and resolutions that were placed on the ballot by supervisors, and Wiener has said he plans to amend the measure to exempt those placed on the ballot by voter petition. Changes to taxes or bonds are not a part of the amendment because those are required by state law to go to the ballot box.

Paradoxically, Wiener’s reasoning for the proposal is that he believes voters are bogged down with too many ballot measures with complex issues that need changes, measures he claims the board could deal with more efficiently. But critics say it makes progressive reforms vulnerable to attack by a board that is heavily influenced by big-money interests.

At the committee meeting, about a dozen people spoke in opposition to the amendment, saying it seemed broad in scope and would be a more appropriate change at the state level.

Matthias Mormino, a legislative aide to Sup. Jane Kim, who chairs the Rules Committee, said that his boss is still on the fence. “She has concerns and hasn’t made up her mind yet.”

Currently California is one of the last states where a voter-approved initiative cannot be subject to veto, amendment, or repeal, except by the voters.

“It’s not a radical thing,” Wiener told the Guardian about the proposed amendment. “My thinking is that we should do our jobs. We elect public officials to make decisions every week. I wanted to strike a balance where the voters still have a strong say.”

But how strong of a say will the voting public have in cases where voter-approved initiatives are changed by the decisions of a board of politicians with their own influences and bias?

Wiener stated that he had no specific initiatives in mind when he decided to propose the amendment nor was he targeting any kind of legislation, except ones that are “outdated.” Wiener cited an example of updating campaign consultant reporting from quarterly to monthly as a change that needed to happen but could seemingly be a nuisance at the ballot box.

He is proposing a tiered system in which, for the first three years, an initiative is untouchable. In four years, a two-thirds majority vote by the board could make changes to initiatives; after seven years, a simple majority could do so. That means a raft of tenant measures approved in the 1990s could come under immediate attack.

“Does he not like our sick-leave policy?” Sup. John Avalos told us. “It’s so vague and unclear on what he is trying to do. I’m afraid that he is trying to change laws that are popular with the voters. It’s not a democratic way to resolve policy issues.”

Calvin Welch, a longtime progressive and housing activist, has his own theory on Wiener’s proposal. “Voters don’t have a big problem discerning which ones they agree with and which ones they don’t,” he said about voter-approved initiatives.

He did the number-crunching and concluded that of the 983 policy ordinances on the books, 207 (21 percent) were policy initiatives. Of those, 102 (about 10 percent) were approved by the voters.

“Not quite overwhelming the ballot,” Welch said. “The argument that what is promoting this — the inundation of the initiatives — is not borne of the facts.”

Welch believes Wiener is targeting certain landlord and tenant issues that date back to 1978, when San Francisco voters first started adopting rent control measures. “That is what the agenda is all about — roughly 30 measures that deal with rent control and growth control,” he said.

Wiener denies this is an attack on tenants, and claims he doesn’t have a specific agenda in mind. “This is long-term reform, not immediate gratification reform. To take the big, big step, we would have to change state law. This is just a modest first step.”

Welch also took issue with the idea of “election proportionality,” calling the measure an undemocratic power grab since many initiatives in San Francisco’s history were approved with more than 200,000 votes.

“Mayors don’t get 200,000 votes — these measures do,” Welch said. “That a body can overrule thousands of voters undermines the election process of San Francisco. Why not limit government actors instead of the people? It’s about what Sup. Wiener wants to change.”

Budget set-asides have long been a target for legislators, explained Chelsea Boilard, a budget analyst with Coleman Advocates for Children and Youth. Historically in San Francisco, moderate politicians have mostly honed in on social service programs, not those with a lot of clout and political backing, like police and fire budgets. Although the Children’s Fund, which was set up by a charter amendment, would be exempt, other social program priorities set by voters could be eroded.

“The reality is that the police and fire departments don’t have to go to City Hall every year to defend their budgets, but health and human services do,” Boilard said.

While many on the left would love for the California Legislature to have the authority to make changes in the property-tax-limiting Proposition 13 — like by removing commercial property from being taxed at artificially low levels — activists see real danger in Wiener’s measure.

“I think this is bad policy. I know folks are frustrated with Prop. 13, for example, and wish it was easier to amend or repeal. But the way he’s going about this is odd to me,” political activist Karen Babbitt told us. “For one thing, it appears to apply to retroactively to existing ordinances and policy declarations.”

Babbitt also cites legal research indicating that Wiener’s proposal might contradict state law and be subject to legal challenge if it passes. Plus, that challenge could come from any direction since it would allow liberal and conservative reforms to be challenged by the board.

One proposition that would fall under Wiener’s amendment is Proposition L, the sit-lie ordinance approved last year that prohibits sitting or lying on public sidewalks between 7 am and 11 p.m. After a divisive campaign against the measure, police began enforcing it in April. In three years and with enough votes by the board, the board could repeal a law that Wiener supports.

“It’s really interesting,” said Bob-Offer Westort, a civil rights organizer with the San Francisco Coalition of Homelessness. “I have a lot of questions. I guess it cuts both ways. We’d like to see the aggressive panhandling law changed. We’d like to see the sit-lie repealed. There are definitely things, with the right composition of the board, we would benefit from. And there are things that we would not want to see changed.”

Either way, the measure could result in some divisive fights at the board. “One person presenting this as a way to get it done is not the answer,” Avalos said. “I worry that he will use the amendment to dismantle certain voter-approved laws.”

FBI spying will be an issue for new Police Commissioner

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When Police Chief Greg Suhr got sworn in at City Hall a month ago, reporters each got to ask one question during a hastily convened media roundtable inside Mayor Ed Lee’s office. And since the Guardian’s story about the FBI’s secret agreement with the San Francisco Police Department had just hit the streets, I asked the new Chief, if he would welcome clarification around the duties of SFPD officers assigned to the FBI’s Joint Terrorism Taskforce.

Chief Suhr said he believed an examination of the wording of the FBI’s most recent memorandum of understanding (MOU) with the department was already under way. “I believe that the MOU is being revisited,” Suhr said. “I have not been a part of that, but again I think we have a real good policy with regard to our intelligence gathering and that does supercede any ask of any other agency. The officers are bound by policies and procedures. And that policy was well thought out with tremendous community and group input years and years ago, from situations that have not since repeated themselves. I think a lot of people back then couldn’t believe they happened in the first place, but I think measures were well thought out and put in place to make sure we don’t have a problem again.”

Fast forward three weeks, and Suhr found himself in the hot seat at a May 18 joint meeting of the Human Rights Commission and the Police Commission, where commissioners got an update about the Police Department’s response to community concerns about surveillance, racial and religious profiling of Arab, Middle Eastern, Muslim, and South Asian Communities and the potential reactivation of SFPD Intelligence Gathering.

After Suhr introduced his new Command Staff—and stressed their great diversity–Police Commission President Thomas Mazzucco, who was Suhr’s football coach in high school, tried to assure folks that the Police Commission, the Human Rights Commission, the FBI, the SFPD, the American Civil Liberties Union and the Asian Law Caucus had already addressed the community’s intelligence-gathering concerns, in part through a bureau order that Chief Suhr then introduced during the hearing, in which Suhr clarified that SFPD policies trump FBI guidelines every time.

And Mazzucco,  a former Assistant U.S. Attorney for the Northern District of California and a former Assistant District Attorney for San Francisco, before Mayor Gavin Newsom appointed him to the Commission in 2008, noted that the community’s concerns were based on allegations. not factual findings.

But his comments got folks wondering whether Mazzucco’s prior involvement with the feds left him with a blind spot that is preventing the Police Commission from dealing with the issue in a timely and effective manner, particularly since Commissioner Jim Hammer’s term has expired, and the rest of the Commission is waiting for the Board’s Rules Committee to decide between nominating David Waggoner, L. Julius Turman, Phillip Hogan or Vanessa Jackson as the next new Police Commissioner.

For, as members of the public observed during the meeting, if the Police Commission President himself expresses no outrage at finding that the Commission’s policies have been undercut for the past four years by secret agreements between SFPD and the FBI, how can San Francisco claim to have a credible system of civilian oversight?

Instead, they felt that Mazzucco seemed more concerned about defending federal practices and officials, who were unwilling to show up at the May 18 hearing, than worrying about the role and authority of the civilian oversight body he now represents. And attorneys with the ACLU and the Asian Law Caucus noted that though Suhr characterized his new order as being based on the Portland resolution and a prior proposal from community advocates, they believe Suhr’s approach can only work with the written consent of the FBI, (which SFPD doesn’t have) if the FBI’s 2007 contract is left in place.

“That’s why there is a need for a transition to a non-MOU, Portland-style resolution,” ACLU’s John Crew told the Guardian, noting that ACLU’s willingness to work collaboratively with the commissioners and the new Chief should not be confused with a willingness on ACLU’s part to roll over and accept an approach that is based on wishful thinking rather than the realities of the MOU that’s still in place.

During the May 18 joint hearing, Chief Suhr acknowledged “the validity of the perceptions raised by the community,” even as he insisted that SFPD has “very strict policies” in place to ensure appropriate oversight for investigation- involving activities.

Suhr summarized the history of those policies, including ACLU’s John Crew’s involvement in creating Department General Order (DGO) 8.10, which establishes that there must be reasonable suspicion before SFPD intelligence gathering can occur.

Suhr noted that SFPD joined FBI’s Joint Terrorism Taskforce (JTTF) after the September 11, 2001 attacks, and SFPD officers assigned to the JTTF subsequently came under control of the Department of Homeland Security unit, but starting now, they are back under SFPD’s special investigations.

“I gave the order today that JTTF will be moved back under SFPD’s special investigation unit,” Suhr said. “They will have the security clearance necessary to oversee the activities. The members are required to comply with all department policies, even if they can conflict with FBI policies. Simply said, San Francisco policies, procedures, laws, and statute trump any federal policy or procedure. Our officers are bound by those.”

Suhr said that to ensure everyone is clear about the chain of command, he’d drafted his May 18 bureau order. “It essentially turns back the clock and emphasizes that officers are responsible for our policies and procedures first, and our officers are bound to identify themselves as San Francisco police officers,” Suhr said, further noting that he’d be happy to further amend his new order as needed.

And Mazzucco noted that SFPD has absolutely no jurisdiction whatsoever over the Transportation Security Administration’s activities at the airport.

But while Human Rights Commission Chair Michael Sweet said Suhr’s new bureau order,  “goes a long way toward helping to alleviate some of the concerns,” he and many commissioners noted that this was their first chance to read the order. And Sweet said he saw the May 18 joint hearing “as by no means the end of the discussion.”

HRC director Theresa Sparks, who was on the Police Commission when the FBI drafted its 2007 JTTF MOU, noted that the issue is not whether we should opt out, but what we can do to ensure that officers involved in activities have “strong civilian oversight of their activities and report activities through the established civilian oversight mechanisms and procedures defined in DGO 8.10.”

” Our approach to achieve this objective is to publish internal directives ensuring our officers only participate in activities that meet our local standards of reasonable suspicion,” Sparks stated, claiming that Suhr’s order will “ give the city control over misconduct charges and allegations of misconduct charges.”

Sparks noted that the May 18 hearing was a status report about “alleged violations by the FBI and SFPD, as well as airport police,” and that the HRC “did no independent investigation” to verify these allegations.

Sparks added that HRC and the Immigrant Rights Commission has a tentative agreement to move forward with townhall meetings to address community concerns, and will encourage the Board to appoint a special prosecutor to determine if the prosecution of terrorism cases is valid and fair, and discuss the need for an Ombudsman at the airport. And she talked about the need for SFPD to establish legal safeguards, mechanisms for greater transparency and oversight, and conduct more detailed yearly audits.

“Tonight was a real dialogue about the issues,” Sparks said, further noting that civilian oversight of local JTTFs is also a popular discussion in Oakland and in Portland, Oregon, which has decided to rejoin its local JTTF after opting out in March 2005. But she didn’t mention that Portland had entered into a resolution with the FBI, instead of signing a new MOU with the feds.

That explanation was left to Veena Dubal of the Asian Law Caucus and ACLU’s Crew– in between explaining why they believe Suhr’s Bureau Order isn’t enough. “The good news is that we all collectively agree that SFPD policies should apply to SFPD officers assigned to the JTTF,” Dubal said. “The bad news is that the recently released MOU, which was secret for four years, doesn’t reflect our collective desires.”

Dubal stated that the FBI won’t amend its 2007 MOU with the SFPD.
“And that is why the Chief issued the bureau order,” Dubal stated, claiming that the FBI Special Agent in Charge of JTTF involvement recently told ALC and the ACLU that the FBI will continue to block key parts of local policy central to accountability and oversight.

“But there’s a solution and it doesn’t necessitate a divorce from the joint terrorism task force,” Dubal continued, noting that there are now two ways for local law enforcement officers to participate in JTTFs: an MOU, in which SFPD resources are put into the hands of FBI with relatively no local control, as in the SFPD’s 2007 agreement with the FBI. Or via a resolution which the federal government just approved in Portland, which allows participation in the JTTF, but provides much better protection for civil rights and gives the police department and the police commission more control of the relationship.

Dubal noted that in the decade since 9/11, the FBI has expanded its intelligence powers, and its agents are now allowed to conduct intelligence without a factual connection to criminal activity.

“Given these massive shifts in FBI activity, the question is, what should the relationship between the SFPD and the FBI look like?” Dubal said.

“Unlike the FBI, the SFPD is not a national security organization, “ Dubal continued, noting that when SFPD signed up to work with the JTTF under an MOU that preserved local control and policies, “it wasn’t assuming that some of its officers, paid for by San Francisco taxpayers, could be transformed into national security agents.”

”The SFPD signed on without telling anyone, not even the police commission,” Dubal said, noting that SFPD cannot afford to participate in these practices. “We need community trust to keep all of our communities safe.”

ACLU’s Crew noted that the FBI came to the SFPD in 2007 with a new MOU. “And perhaps inadvertently, there was no review by the City Attorney, and no notice to the police commission,” Crew said. “And it’s a drastically different MOU, unfortunately.”

“Now, we didn’t know about that MOU because it was kept secret at the insistence of the FBI for four years,” Crew continued, further noting that when ACLU and ALC met with the SFPD in 2010, they were suddenly told that the police department couldn’t talk about these issues without FBI permission.

“That set off a warning sign,” Crew observed, noting that in early April, when the ACLU and ALC finally got the MOU released, their worst suspicions were confirmed.

“There was no public discussion of transforming the SFPD into a national intelligence gathering association,” Dubal said. “The problem is that the FBI changed the deal, and the SFPD signed it, without telling anyone.”

Dubal noted stark differences between the FBI’s 2002 MOU and the one the SFPD signed in 2007, along with stark changes to FBI guidelines that occurred in 2008, in the dying days of the Bush administration, and that now allow a new assessment category, that does not require reasonable suspicion and has been criticized by civil liberties groups.

And according to Crew, the FBI’s new MOU “puts at risk the very concept of civilian control.” As Crew noted, between the mid 1990s, when the SFPD developed DGO 8.10, which governs its officers’ intelligence-gathering policies and procedures, and 2007, when the FBI prepared a new JTTF MOU, there’d been little controversy over intelligence-gathering in San Francisco.

 “And then, perhaps inadvertently, the SFPD signed that MOU and it was drastically different and kept secret at the insistence of the FBI for four years,” Crew observed.

And in 2010, the SFPD suddenly said it couldn’t talk about the issue without the permission of the FBI, Crew added, noting that “Unnecessary secrecy breeds suspicion.”

“We don’t think the Bureau Order is sufficient,” Crew concluded. “This is an issue that has to be dealt with at the Police Commission level.”

Crew noted that the Portland City Council chose not to enter into an MOU, “specifically because it restricts the ability to provide local control and local oversight. “

“So, we are not saying opt out, but we are saying there needs to be a transition to a resolution that maintains local control over the assignment of officers and provides all these elements of civilian oversight,” Crew continued.

He claimed that the federal government says a resolution is possible, as long as you’re not doing it under an MOU.
“So the question is, if that level of protection is available now to the people in Oregon, why would San Francisco not take the same deal?” Crew said. “All you have to do is give 60 days’ notice to the FBI that are you going to start this transition to a resolution. That notice period allows the FBI to have any comments or express any concerns they want, I think it’s very regrettable that they chose not to participate tonight and unfortunately I think it says something in terms of how seriously they take these concerns.”

Crew concluded that such a transition would be a win-win situation.

”If we went to a resolution that merely asserted local policy, then they could keep doing exactly what they’re doing now,” Crew said. “On the other hand, if it turns out that there’s activities SFPD is involved in that they shouldn’t be involved in, don’t we want those stopped?

“The one comment I will make of the bureau of general order is that I’m thankful to hear it’s a work in progress,” Crew added, noting that ACLU and ALC “don’t think a bureau order is sufficient. That’s because it can be changed at any time without the notice of the police commission, without a public hearing.”

But Mazzucco disagrees with ACLU and ALC’s claims that FBI intelligence-gathering guidelines have been relaxed since 2008.
 “There are no random assessments, and there has to be a predicate of a criminal violation,” Mazzucco told commissioners, noting that ” with honorable people like Bob Mueller” (Mazzucco’s former boss) “running the FBI, there should be a level of confidence that there will not be any violations.

And in a follow-up call, Mazzucco told the Guardian that he thought Suhr’s bureau order clarifies that “local officers follow SFPD rules.”

Mazzucco also suggested that Police Commission oversight, “is more over policy and procedures and less about operations,” by way of explaining how the SFPD’s 2007 MOU  with the FBI never came before the Commission.
“But I suggested that we see the next MOU in this area,” Mazzucco added.

And he proposed “a simple solution” moving forward, namely transparency and educating the public,” about the JTTF.

“SFPD is probably the most diverse police department in the country,” Mazzucco said. “And there is civilian oversight. We won’t let anything untoward happen.”

And he praised the new US Attorney for Northern California Melinda Haag, and FBI Special Agent Stephanie Douglas for their participation in recent meetings with city officials about the community’s intelligence-gathering concerns.
“The good news is that nothing controversial is going on here,” he said, noting that out of the broad array of community advocates who showed up at the May 18 joint hearing, there were maybe five citizens who spoke about encounters with the FBI, and only one from the Bay Area. ”My goal is to make everyone feel comfortable,” he said.
 
But HRC Chair Sweet acknowledged at the May 18 joint hearing that it was “very difficult” to know from a first reading of Suhr’s Bureau Order if it fully addressed the community’s intelligence-gathering concerns. “I think a great deal of discussion really needs to take place on that particular issue,” he said.

And HRC Vice Chair Douglas Chan dug into the details, starting with the apparently now classified question of how many SFPD officers are currently assigned as deputized FBI officers.
”We don’t generally discuss the specific numbers, but I will tell that you we’ve never had less than two officers assigned to the JTTF,” Suhr replied.

And he told Chan more work can be done on the Bureau Order. 
“The intent of the order was to align it with DGO 8.10 and to close any gap that was in the 2007 MOU,” Suhr said.

Chan asked if SFPD has in mind “ a framework or an approach” if a case arises, wherein an officer, in order to defend himself against an allegation of misconduct, or a citizen seeking to discover facts and other evidence relating to an incident, bumps up against this need to know and the fact that apparently JTTF activities are, “under a federal classified information.”

“I think that would probably need to be flushed out in subsequent drafts of the bureau order,” Suhr replied. “I think we could turn the clock back to where the officers are ultimately accountable to the police department, the commission and the citizens of San Francisco.  I think that the most recent MOU, as has been discussed, there was somehow a mishap where it was not reviewed.”

 And while Police Commissioner Petra DeJesus said Suhr’s Bureau Order was, “a step in the right direction,” she added that she felt it needs to be amended to clarify how the Police Commission would truly have oversight of SFPD officers’ JTTF activities.
‘Even though a commissioner is going to look at what’s been done monthly, that commissioner doesn’t have the clearance, and we’d only see a sanitized version of the events,” she observed. “And we need to look at the auditing report part of it.”
 
 And Police Commissioner R. James Slaughter said he thought everyone was “frustrated that the FBI is not here to answer some of these questions.” I think that would help us.”

And now, with four candidates vying to replace Jim Marshall as the seventh Police Commissioner, it’s not clear what the Police Commission will do beyond Suhr’s Bureau Order. But clearly that question now becomes part of the commission selection process.

And so here is the basic direction of Suhr’s new Bureau Order:

 
Under Suhr’s new Bureau Order (not to be confused with an FBI order) SFPD officers assigned to the FBI’s terrorism task force must abide by local policies protecting civil rights rather than looser federal rules.

 “It is the responsibility of the Federal Bureau of Investigations (FBI) to prevent, investigate and respond to terrorism in the United States.” Suhr’s May 18 order states. “The FBI has established local Joint Terrorism Task Forces (JTTF) to share resources and coordinate among federal, state, tribal and local governments. It is the policy of the [San Francisco Police] Department to help prevent and investigate acts of terrorism, protect civil rights and civil libertes under United States and California law, and promote San Francisco as an open and inclusive community by participating in the FBI Joint Terrorism Task Force.”

“The Chief may assign SFPD offices to work on JTTF investigations that comply with the requirements stated above regardless of whether or not the investigation is based in the City & County of San Francisco,” Suhr’s order, which was issued by Deputy Chief Kevin Cashman, continued.

 “SFPD offices shall work with the JTTF only on investigations of suspected terrorism that have a criminal nexus,” Suhr’s Bureau Order concludes. “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. While cross-designated and deputized as federal officers for the purposes of their JTTF assignments, when not operating in a covert or undercover capacity, SFPD officers shall always identify themselves to members of the public as SFPD officers.”

Or as Suhr told commissioners May 18, “Our officers will follow our department orders.”
.

 

Film Listings

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Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Peter Galvin, Max Goldberg, Dennis Harvey, Johnny Ray Huston, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. For rep house showtimes, see Rep Clock. For first-run showtimes, see Movie Guide. Due to the Memorial Day holiday, theater information was incomplete at presstime.

ANOTHER HOLE IN THE HEAD

The eighth Another Hole in the Head Film Festival runs June 2-17 at the Roxie Theater, 3117 16th St., SF. For tickets ($11) and complete schedule, visit www.sfindie.com.

OPENING

*Blank City “No one was doing what they were trained to do” — key to the explosion in Super-8 movie-making in late ’70s and mid-’80s New York City, according to John Lurie, star of 1984’s Stranger Than Paradise. Filling in the blanks of a burnt-out city-turned-artistic playground, musicians like Lurie and Jim Jarmusch made films, and artists such as Jean-Michel Basquiat and Richard Kern plopped themselves in front of the camera or behind it. Those grainy artifacts were populated by performers oozing with character and charisma, à la Steve Buscemi and Debbie Harry, while combos that ran the generational gamut, from Patti Smith to the Contortions to Sonic Youth, provided the soundtracks as well as the vivid onstage visuals. French filmmaker Celine Danhier does the noble work of trying to encapsulate and couple the disparate No Wave and Transgressive cinemas under the umbrella of shared geography — the squatter-friendly, pre-Times Square-cleanup New York — though organizationally and conceptually Blank City has a tough time surmounting flaws like choppy chronology and uneven allotments of screen time. The No Wave years get short shrift — you’re yearning to see more of the actual films. Should these two movements be paired in the first place — and where does the wildly successful 1983 hip-hop document Wild Style fall (and why isn’t the same year’s Style Wars included)? Danhier fails to make convincing connections, though the snippets of interviews with provocateurs like Amos Poe and Lydia Lunch almost make up for it (who knew, say, that late Dreamlander Cookie Mueller was Rainer Werner Fassbinder’s dealer, as John Waters gossips?), and snippets of movies such as the vibrant Downtown 81 (1981) transmit the scene’s energy — loud, clear, and cacophonous. (1:35) (Chun)

*Dumbstruck Don’t get it twisted and splintered, Charlie McCarthy: this almost-earnest doc devoted to one of the world’s geekiest forms of entertainment, ventriloquism, knows its subject comes cloaked in cheese and then some. But despite a slightly clunky, by-the-book structure — writer-director Mark Goffman (The West Wing, Law & Order: SVU) never quite takes the potentially loaded material beyond its certain safe, linear confines — Dumbstruck surprises with its profiles of the very eccentric people who are driven to spiel through dummies. Kim, a former Miss Ohio beauty queen, is trying to rise above kiddie shows and hit the coveted cruise circuit, as her mother wrings her hands at home, worrying that her daughter will never stop playing with dolls and start popping out some real children. Wilma has hit rock bottom, ostracized by her family because of her love of ventriloquism and on the verge of eviction, and Terry has made it to the top after years of struggle, winning America’s Got Talent and ultimately a $100 million contract at a Vegas Casino. Goffman obviously put in the hours with his subjects — you just wish he had dug deeper into the interior life of his ventriloquists: why does Kim, who resembles a human Barbie doll, feel compelled to perform through her grotesque floozy puppet, and why did the waifish tween Dylan choose the smooth-talking black doll as his counterpart? I’ll be waiting for answers in the Waiting for Guffman-style feature that just might come in Dumbstruck‘s wake. (1:24) (Chun)

Empire of Silver Love, not money, is at the core of Empire of Silver — that’s the M.O. of a Shanxi banking family’s libertine third son, or “Third Master” (Aaron Kwok) in this epic tug-of-war between Confucian duty and free will. The Third Master pines for his true love, his stepmother (Hao Lei), yet change is going off all around the star-crossed couple in China at the end of the 19th century and the start of the 20th, and the youthful scion ends up pouring his passion into the family business, attempting to tread his own path, apart from his Machiavellian father (Tielin Zhang). Much like her protagonist, however, director (and Stanford alum) Christina Yao seems more besotted with romance than finance, bathing those scenes with the love light and sensual hues reminiscent of Zhang Yimou’s early movies. Though Yao handles the widescreen crowd scenes with aplomb, her chosen focus on money, rather than honey, leaches the action of its emotional charge. It doesn’t help that, on the heels of the Great Recession, it’s unlikely that anyone buys the idea of a financial industry with ironclad integrity — or gives a flying yuan about the lives of bankers. (1:52) (Chun)

Mia and the Migoo A young girl fights to protect the planet in this traditionally-animated French import. (1:32)

The Tree of Life See “The Importance of Being Self-Important.” (2:18)

X-Men: First Class Matthew Vaughn (2010’s Kick-Ass) helms this reboot of the comic-book series, with a new cast headed up by James McAvoy, Michael Fassbender, and January Jones. (2:20)

ONGOING

*L’Amour Fou Pierre Thoretton’s documentary L’amour fou opens with two clips of men bidding farewell. The first, from 2002, is of the French-Algerian couturier Yves Saint Laurent announcing his retirement in a moving and emotional speech worthy of his favorite writer Marcel Proust. The second is of Pierre Bergé, Saint Laurent’s longtime business partner and former lover, eulogizing his departed friend at the designer’s memorial service six years later. Thoretton’s film is suffused with goodbyes, many tender and candid, some portentous and rehearsed. To be sure, L’amour fou is a touching portrait of the powerful and tempestuous bond between Saint Laurent and Bergé, a bond that lasted close to five decades and resulted in one of the great empires of 20th century fashion. But it is also, alongside David Teboud’s two 2002 YSL documentaries, another entry in the hagiography of Saint Laurent, one cannily steered by Bergé as much as by Thoretton. Well-spoken and charming, Bergé still comes off as the punchy entrepreneurial foil to Saint Laurent’s dazzling but fragile genius. He can be both hyperbolic (praising Saint Laurent’s gifts) but also forthcoming (discussing the designer’s demons). Former muses Loulou de la Falaise and Betty Catroux are also interviewed, but this is clearly Bergé’s show. (1:43) (Sussman)

The Beaver It’s been more than 15 years since Jodie Foster sat in the director’s chair; she’s back with The Beaver, which tells the unique story of Walter Black (Mel Gibson), a clinically depressed man who struggles through his suicidal desires with the help of a beaver puppet. Walter uses the puppet — which he also voices — as a way of connecting with his family and the outside world. The film examines both the comedic aspects and the devastating reality of mental illness, and the script walks the line between dark and light — it’s the first feature from Kyle Killen, who created the critically adored but short-lived TV series Lone Star. The Beaver gets points for ambition, but it’s ultimately too all over the place to come together in the end. The moments of humanity are undercut by scenes of Walter and his wife Meredith (Foster) having sex with the puppet in the bed — intentionally funny, but jarring nonetheless. Still, Foster’s direction is solid and, for all its faults, The Beaver is a great reminder of Gibson’s legitimate talent. (1:31) (Peitzman)

*Bill Cunningham New York To say that Bill Cunningham, the 82-year old New York Times photographer, has made documenting how New Yorkers dress his life’s work would be an understatement. To be sure, Cunningham’s two decades-old Sunday Times columns — “On the Street,” which tracks street-fashion, and “Evening Hours,” which covers the charity gala circuit — are about the clothes. And, my, what clothes they are. But Cunningham is a sartorial anthropologist, and his pictures always tell the bigger story behind the changing hemlines, which socialite wore what designer, or the latest trend in footwear. Whether tracking the near-infinite variations of a particular hue, a sudden bumper-crop of cropped blazers, or the fanciful leaps of well-heeled pedestrians dodging February slush puddles, Cunningham’s talent lies in his ability to recognize fleeting moments of beauty, creativity, humor, and joy. That last quality courses through Bill Cunningham New York, Richard Press’ captivating and moving portrait of a man whose reticence and personal asceticism are proportional to his total devotion to documenting what Harold Koda, chief curator at the Costume Institute at the Metropolitan Museum of Art, describes in the film as “ordinary people going about their lives, dressed in fascinating ways.” (1:24) (Sussman)

*Bridesmaids For anyone burned out on bad romantic comedies, Bridesmaids can teach you how to love again. This film is an answer to those who have lamented the lack of strong female roles in comedy, of good vehicles for Saturday Night Live cast members, of an appropriate showcase for Melissa McCarthy. The hilarious but grounded Kristen Wiig stars as Annie, whose best friend Lillian (Maya Rudolph) is getting hitched. Financially and romantically unstable, Annie tries to throw herself into her maid of honor duties — all while competing with the far more refined Helen (Rose Byrne). Bridesmaids is one of the best comedies in recent memory, treating its relatable female characters with sympathy. It’s also damn funny from start to finish, which is more than can be said for most of the comedies Hollywood continues to churn out. Here’s your choice: let Bridesmaids work its charm on you, or never allow yourself to complain about an Adam Sandler flick again. (2:04) (Peitzman)

*Cave of Forgotten Dreams The latest documentary from Werner Herzog once again goes where no filmmaker — or many human beings, for that matter — has gone before: the Chauvet-Pont-d’Arc Cave, a heavily-guarded cavern in Southern France containing the oldest prehistoric artwork on record. Access is highly restricted, but Herzog’s 3D study is surely the next best thing to an in-person visit. The eerie beauty of the works leads to a typically Herzog-ian quest to learn more about the primitive culture that produced the paintings; as usual, Herzog’s experts have their own quirks (like a circus performer-turned-scientist), and the director’s own wry narration is peppered with random pop culture references and existential ponderings. It’s all interwoven with footage of crude yet beautiful renderings of horses and rhinos, calcified cave-bear skulls, and other time-capsule peeks at life tens of thousands of years ago. The end result is awe-inspiring. (1:35) (Eddy)

The Conspirator It may not be your standard legal drama, but The Conspirator is a lot more enjoyable when you think of it as an extended episode of Law & Order. The film chronicles the trial of Mary Surratt (Robin Wright), the lone woman charged in the conspiracy to assassinate Abraham Lincoln. It’s a fascinating story, especially for those who don’t know much of the history past John Wilkes Booth. But while the subject matter is compelling, the execution is hit-or-miss. Wright is sympathetic as Surratt, but the usually great James McAvoy is somewhat forgettable in the pivotal role of Frederick Aiken, Surratt’s conflicted lawyer. It’s hard to say what it is that’s missing from The Conspirator: the cast — which also includes Evan Rachel Wood and Tom Wilkinson — is great, and this is a story that’s long overdue to be told. Still, something is lacking. Could it be the presence of everyone’s favorite detective, the late Lennie Briscoe? (2:02) (Peitzman)

*The Double Hour Slovenian hotel maid Sonia (Ksenia Rappoport) and security guard Guido (Filippo Timi) are two lonely people in the Italian city of Turin. They find one another (via a speed-dating service) and things are seriously looking up for the fledgling couple when calamity strikes. This first feature by music video director Giuseppe Capotondi takes a spare, somber approach to a screenplay (by Alessandro Fabbri, Ludovica Rampoldi, and Stefano Sardo) that strikingly keeps raising, then resisting genre categorization. Suffice it to say their story goes from lonely-hearts romance to violent thriller, ghost story, criminal intrigue, and yet more. It doesn’t all work seamlessly, but such narrative unpredictability is so rare at the movies these days that The Double Hour is worth seeing simply for the satisfying feeling of never being sure where it’s headed. (1:35) Smith Rafael. (Harvey)

*Everything Must Go Just skirting the edge of sentimentality and banality, Everything Must Go aims to do justice by its source material: Raymond Carver’s rueful, characteristically spare short story, “Why Don’t You Dance?,” from the 1988 collection Where I’m Calling From. And it mostly succeeds with some restraint from its director-writer Dan Rush, who mainly helmed commercials in the past. Everything Must Go gropes toward a cinematic search for meaning for the Willy Lomans on both sides of the camera — it’s been a while since Will Ferrell attempted to stretch beyond selling a joke, albeit often extended ones about masculinity, and go further as an actor than 2006’s Stranger Than Fiction. The focus here turns to the despairing, voyeuristic whiskey drinker of Carver’s highly-charged short story, fills in the blanks that the writer always carefully threaded into his work, and essentially pushes him down a crevasse into the worst day of his life: Ferrell’s Nick has been fired and his wife has left him, changing the locks, putting a hold on all his bank accounts, and depositing his worldly possessions on the lawn of their house. Nick’s car has been reclaimed, his neighbors are miffed that he’s sleeping on his lawn, the cops are doing drive-bys, and he’s fallen off the wagon. His only reprieve, says his sponsor Frank (Michael Pena), is to pretend to hold a yard sale; his only help, a neighborhood boy Kenny who’s searching for a father figure (Christopher Jordan Wallace, who played his dad Notorious B.I.G. as a child in 2009’s Notorious) and the new neighbor across the street (Rebecca Hall). Though Rush expands the characters way beyond the narrow, brilliant scope of Carver’s original narrative, the urge to stay with those fallible people — as well as the details of their life and the way suburban detritus defines them, even as those possessions are forcibly stripped away — remains. It makes for an interesting animal of a dramedy, though in Everything Must Go‘s search for bright spots and moments of hope, it’s nowhere near as raw, uncompromising, and tautly loaded as Carver’s work can be. (1:36) (Chun)

Fast Five There are plenty of laugh-out-loud moments in Fast Five, in addition to a much demolition derby-style crunch — instances that stretch credulity and simultaneously trigger a chuckle at the OTT fantasy of the entire enterprise. Two unarmed men chained to the ceiling kick their way out of a torture cell, jump favela rooftops to freedom with nary a bullet wound in sight, and, in the movie’s smash-’em-up tour de force, use a bank vault as a hulking pair of not-so-fuzzy dice to pulverize an unsuspecting Rio de Janeiro. Not for nothing is rapper Ludacris attached to this franchise — his name says it all (why not go further than his simple closing track, director Justin Lin, now designated the keeper of Fast flame, and have him providing the rap-eratic score/running commentary throughout?) In this installment, shady hero Dominic (Vin Diesel) needs busting out of jail — check, thanks to undercover-cop-turned-pal Brian (Paul Walker) and Dominic’s sis Mia (Jordana Brewster). Time to go on the lam in Brazil and to bring bossa nova culture down to level of thieving L.A. gearheads, as the gearhead threesome assemble their dream team of thieves to undertake a last big heist that will set ’em up for life. Still, despite the predictable pseudo-twists — can’t we all see the bromance-bonding between testosteroni boys Diesel and Dwayne Johnson coming from miles of blacktop away? — there’s enough genre fun, stunt driving marvels, and action choreography here (Lin, who made his name in ambitious indies like 2002’s Better Luck Tomorrow, has developed a knack for harnessing/shooting the seeming chaos) — to please fans looking for a bigger, louder kick. (1:41) (Chun)

The First Grader After a government announcement offering free elementary school educations to all Kenyans, an elderly man, Maruge (Oliver Litondo), shuffles to the nearest rural classroom in search of reading lessons. Though school officials (and parents, miffed that the man would take a child’s place in the already overcrowded system) protest, open-minded head teacher Jane (Naomie Harris) allows him to stay and study. Maruge’s freedom-fighter past, which cost him his family at the brutal hands of the British, is an important part of this true story, which otherwise would’ve felt a bit too heavy on the heartwarming tip. (His classmates, actual students at the school used for filming, are pretty unavoidably adorable.) As directed by Justin Chadwick (2008’s The Other Boleyn Girl ), Harris and Litondo turn in passionate performances, but the film unfolds like a heavy-handed TV movie. The facts of this story are inspiring enough — the film shouldn’t have to try so hard. (1:43) Smith Rafael. (Eddy)

Forks Over Knives Lee Fulkerson steps up as the latest filmmaker-turned-guinea-pig to appear in his own documentary about nutrition. As he makes progress on his 12-week plan to adopt a “whole foods, plant-based diet” (and curb his Red Bull addiction), he meets with other former junk food junkies, as well as health professionals who’ve made it their mission to prevent or even reverse diseases strictly through dietary changes. Along the way, Forks Over Knives dishes out scientific factoids both enlightening and alarming about the way people (mostly us fatty Americans, though the film investigates a groundbreaking cancer study in China) have steadily gotten unhealthier as a direct result of what they are (or in some cases, are not) eating. Fulkerson isn’t as entertaining as Morgan Spurlock (and it’s unlikely his movie will have the mainstream appeal of 2004’s Super Size Me), but the staunchly pro-vegan Forks Over Knives certainly offers some interesting, ahem, food for thought. (1:36) (Eddy)

The Hangover Part II What do you do with a problematic mess like Hangover Part II? I was a fan of The Hangover (2009), as well as director-cowriter Todd Phillips’ 1994 GG Allin doc, Hated, so I was rooting for II, this time set in the East’s Sin City of Bangkok, while simultaneously dreading the inevitable Asian/”ching-chang-chong” jokes. Would this would-be hit sequel be funnier if they packed in more of those? Doubtful. The problem is that most of II‘s so-called humor, Asian or no, falls completely flat — and any gross-out yuks regarding wicked, wicked Bangkok are fairly old hat at this point, long after Shocking Asia (1976) and innumerable episodes of No Reservations and other extreme travel offerings. This Hangover around, mild-ish dentist Stu (Ed Helms) is heading to the altar with Lauren (The Real World: San Diego‘s Jamie Chung), with buds Phil (Bradley Cooper) and Doug (Justin Bartha) in tow. Alan (Zach Galifianakis) has completely broken with reality — he’s the pity invite who somehow ropes in the gangster wild-card Mr. Chow (Ken Jeong). Blackouts, natch, and not-very-funny high jinks ensue, with Jeong, surprisingly, pulling small sections of II out of the crapper. Phillips obviously specializes in men-behaving-badly, but II‘s most recent character tweaks, turning Phil into an arrogant, delusional creep and Alan into an arrogant, delusional kook, seem beside the point. Because almost none of the jokes work, and that includes the tired jabs at tranny strippers because we all know how supposedly straight white guys get hella grossed out by brown chicks with dicks. Lame. (1:42) (Chun)

*Hesher Young teen TJ (Devin Brochu) has lost his mom, and her shockingly sudden passing has sent his entire family into a tailspin. His father (Rainn Wilson) can barely rouse himself from his heavily medicated stupor, while his lonely grandmother (Piper Laurie) is left to care for the wrecked men folk as best she can. All TJ can do is to try to desperately hang onto the smashed car that has been sold to the used car salesman and then the junkyard. So it almost seems like a dream when he catches the attention of an aloof, threatening metalhead named Hesher (a typecast-squashing, perfectly on-point Joseph Gordon-Levitt), squatting in an empty suburban model home. Hesher threatens to kill him, then moves in, becoming his so-called “friend” and brand-new, unwanted shadow. What’s a grieving family lost in its own tragic inertia supposed to do with a home invasion staged by an angry, malevolent spirit? Coming to terms with Hesher’s presence becomes a lot like going through Kubler-Ross’s five stages of grief: there’s the denial that he’s taken over the living-room TV and rejiggered the cable to get a free porn channel, the anger that he’s set fire to your enemy’s hot rod and left you at the scene of the crime, and lastly the acceptance that there’s no good, right, or unmessy way to say goodbye. Director Spencer Susser (with co-writer David Michod of 2010’s Animal Kingdom) modeled the character of Hesher after late Metallica bassist Cliff Burton, and that fact, along with the film’s independent-minded spirit, is probably one of the reasons why Metallica allowed more than one of their songs to be used in the film. Hesher itself also likely had something to do with it: if the intrigue with heavy-metal-parking-lot culture doesn’t do donuts in your cul-de-sac, then the sobering story might. (1:45) (Chun)

Hobo With a Shotgun Hobo With a Shotgun began as a $150 faux-trailer short that got considerable exposure online and off. The resulting long-form debut for director Jason Eisener and scenarist John Davies is doubtless the zenith in Halifax, Nova Scotia-shot retro ‘ploitation splatter comedies to date. Which tells you nothing, of course. But it is pretty good — not great — insofar as spoofy gross-out nods to yesteryear’s exploitation cinema go. Better than Machete (2010), a whole lot better than the likes of Zombie Strippers! (2008) or 95 percent of what Troma puts out. Grizzled Rutger Hauer stars as the titular character who rides rails into an equally nameless berg nicknamed “Fuck Town” because it’s so plagued by drugs ‘n’ thugz. The hoodlums are led by crime kingpin “The Drake” (Brian Downey) and goon sons (Gregory Smith, Nick Bateman) whose violent perversities are Caligula-licious. With corrupt police force in pocket, they’re free to terrorize the populace via acts of degradation and violence pushed over the bad-taste top and then some. When Hauer’s hobo rescues a prostitute (Molly Dunsworth) from this clan’s clutches, he trips his own mental wire from peaceably detached transient to pawnshop-armed streetsweeper of scum, à la 1980s vintage vigilante cheese. Hobo With a Shotgun faithfully apes exploitation conventions, from its lurid widescreen Technicolor hues to a score combining overproduced 1970s funky soundtrack kitsch with ’80s direct-to-video synth pulsing. Throughout, Hauer maintains a straight face. Maybe a tad more so than necessary — this movie could have used the wilder streak crazy-coot comedic streak shown by Jeff Bridges in last year’s True Grit or Kurt Russell in 2007’s Grindhouse. (1:26) Lumiere. (Harvey)

*Incendies When tightly wound émigré Nawal (Luba Azabal) dies, she leaves behind adult twins Jeanne (Mélissa Désormeaux-Poulin) and Simon (Maxim Gaudette) — and leaves them documents that only compound their feelings of grief and anger, suggesting that what little they thought they knew about their background might have been a lie. While resentful Simon at first stays home in Montreal, Jeanne travels to fictive “Fuad” (a stand-in for source-material playwright Wajdi Mouawad’s native Lebanon), playing detective to piece together decades later the truth of why their mother fled her homeland at the height of its long, brutal civil war. Alternating between present-day and flashback sequences, this latest by Canadian director Denis Villeneuve (2000’s Maelstrom) achieves an urgent sweep punctuated by moments of shocking violence. Resembling The Kite Runner in some respects as a portrait of the civilian victimization excused by war, it also resembles that work in arguably piling on more traumatic incidences and revelations than one story can bear — though so much here has great impact that a sense of over-contrivance toward the very end only slightly mars the whole. (2:10) (Harvey)

*Into Eternity Danish artist Michael Madsen (no, not that Michael Madsen) sneaks into Werner Herzog territory with this rather existential documentary about nuclear waste storage. Though he lacks Herzog’s distinctive, delightful style (his narration is way too corny, and his interview subjects lack any discernable quirks), Madsen is onto something here. Ostensibly, his film is an exploration of Finland’s Onkalo, an enormous underground facility built to store highly dangerous waste until it is no longer radioactive. Ho-hum, until you realize the facility must remain intact and functional for 100,000 years. How, Into Eternity asks, can we plan that far in the future? We can anticipate most natural-disaster scenarios, but what about human intrusion? How can we prevent future civilizations from drilling into the deadly cache, either accidentally or deliberately? How do we warn them? Should we warn them? Will humans even be around that far in the future? All we are is dust in the wind? Needless to say, this quiet, stylistically unassuming doc goes way, way deeper than 500 meters below Finland’s ancient bedrock. (1:15) Roxie. (Eddy)

Kung Fu Panda 2 The affable affirmations of 2008’s Kung Fu Panda take a back seat to relentlessly elaborate, gag-filled action sequences in this DreamWorks Animation sequel, which ought to satisfy kids but not entertain their parents as much as its predecessor. Po (voiced by Jack Black), the overeating panda and ordained Dragon Warrior of the title, joins forces with a cavalcade of other sparring wildlife to battle Lord Shen (Gary Oldman), a petulant peacock whose arsenal of cannons threatens to overwhelm kung fu. But Shen is also part of Po’s hazy past, so the panda’s quest to save China is also a quest for self-fulfillment and “inner peace.” There’s less character development in this installment, though the growing friendship between Po and the “hardcore” Tigress (Angelina Jolie) is occasionally touching. The 3-D visuals are rarely more than a gimmick, save for a series of eye-catching flashbacks in the style of cel-shaded animation. (1:30) (Sam Stander)

*Meek’s Cutoff After three broke down road movies (1994’s River of Grass, 2006’s Old Joy, 2008’s Wendy and Lucy), Kelly Reichardt’s new frontier story tilts decisively towards socially-minded existentialism. It’s 1845 on the choked plains of Oregon, miles from the fertile valley where a wagon train of three families is headed. They’ve hired the rogue guide Meek to show them the way, but he’s got them lost and low on water. When the group captures a Cayeuse Indian, Solomon proposes they keep him on as a compass; Meek thinks it better to hang him and be done with it. The periodic shots of the men deliberating are filmed from a distance — the earshot range of the three women (Michelle Williams, Zoe Kazan, and Shirley Henderson) who set up camp each night. It’s through subtle moves like these that Meek’s Cutoff gives a vivid taste of being subject to fate and, worse still, the likes of Meek. Reichardt winnows away the close-ups, small talk, and music that provided the simple gifts of her earlier work, and the overall effect is suitably austere. (1:44) (Goldberg)

Midnight in Paris Owen Wilson plays Gil, a self-confessed “Hollywood hack” visiting the City of Light with his conservative future in-laws and crassly materialistic fiancée Inez (Rachel McAdams). A romantic obviously at odds with their selfish pragmatism (somehow he hasn’t realized that yet), he’s in love with Paris and particularly its fabled artistic past. Walking back to his hotel alone one night, he’s beckoned into an antique vehicle and finds himself transported to the 1920s, at every turn meeting the Fitzgeralds, Gertrude Stein (Kathy Bates), Dali (Adrien Brody), etc. He also meets Adriana (Marion Cotillard), a woman alluring enough to be fought over by Hemingway (Corey Stoll) and Picasso (Marcial di Fonzo Bo) — though she fancies aspiring literary novelist Gil. Woody Allen’s latest is a pleasant trifle, no more, no less. Its toying with a form of magical escapism from the dreary present recalls The Purple Rose of Cairo (1985), albeit without that film’s greater structural ingeniousness and considerable heart. None of the actors are at their best, though Cotillard is indeed beguiling and Wilson dithers charmingly as usual. Still — it’s pleasant. (1:34) (Harvey)

Pirates of the Caribbean: On Stranger Tides The last time we saw rascally Captain Jack Sparrow (Johnny Depp), he was fighting his most formidable enemy yet: the potentially franchise-ending Pirates of the Caribbean: At World’s End (2007). The first Pirates movie (2003) was a surprise critical success, earning Depp his first-ever Oscar nomination; subsequent entries, though no less moneymaking, suffered from a detectable case of sequel-itis. Overseeing this reboot of sorts is director Rob Marshall (2002’s Chicago), who keeps the World’s End notion of sending Jack to find the Fountain of Youth, but adds in a raft of new faces, including Deadwood‘s Ian McShane (as Blackbeard) and lady pirate Penélope Cruz. The story is predictably over-the-top, with the expected supernatural elements mingling with sparring both sword-driven and verbal — as well as an underlying theme about faith that’s nowhere near as fun as the film’s lesser motifs (revenge, for one). It’s basically a big swirl of silly swashbuckling, nothing more or less. And speaking of Depp, the fact that the oft-ridiculous Sparrow is still an amusing character can only be chalked up to the actor’s own brand of untouchable cool. If it was anyone else, Sparrow’d be in Austin Powers territory by now. (2:05) (Eddy)

Potiche When we first meet Catherine Deneuve’s Suzanne — the titular trophy wife (or potiche) of Francois Ozon’s new airspun comedy — she is on her morning jog, barely breaking a sweat as she huffs and puffs in her maroon Adidas tracksuit, her hair still in curlers. It’s 1977 and Suzanne’s life as a bourgeois homemaker in a small provincial French town has played out as smoothly as one of her many poly-blend skirt suits: a devoted mother to two grown children and loving wife who turns a blind eye to the philandering of husband Robert (Fabrice Luchini), Suzanne is on the fast track to comfortable irrelevance. All that changes when the workers at Robert’s umbrella factory strike and take him hostage. Suzanne, with the help of union leader and old flame Babin (Gerard Depardieu, as big as a house), negotiates a peace, and soon turns around the company’s fortunes with her new-found confidence and business savvy. But when Robert wrests back control with the help of a duped Babin, Suzanne does an Elle Woods and takes them both on in a surprise run for political office. True to the film’s light théâtre de boulevard source material, Ozon keeps things brisk and cheeky (Suzanne sings with as much ease as she spouts off Women’s Lib boilerplate) to the point where his cast’s hammy performances start blending into the cheery production design. Satire needs an edge that Potiche, for all its charm, never provides. (1:43) (Sussman)

Queen to Play From first-time feature director Caroline Bottaro comes this drama about … chess. Wait! Before your eyes glaze over, here are a few more fast facts: it’s set in idyllic Corsica and features, as an American expat, Kevin Kline in his first French-speaking role. (Side note: is there a Kline comeback afoot? First No Strings Attached, then The Conspirator, and now Queen to Play. All within a few short months.) Lovely French superstar Sandrine Bonnaire plays Héléne, a hotel maid who has more or less accepted her unremarkable life — until she happens to catch a couple (one half of which is played by Jennifer Beals, cast because Bottaro is a longtime fan of 1983’s Flashdance!) playing chess. An unlikely obsession soon follows, and she asks Kline’s character, a reclusive doctor who’s on her freelance house-cleaning route, to help her up her game. None too pleased with this new friendship are Héléne’s husband and nosy neighbors, who are both suspicious of the doctor and unsure of how to treat the formerly complacent Héléne’s newfound, chess-inspired confidence. Queen to Play can get a little corny (we’re reminded over and over that the queen is “the most powerful piece”), and chess is by nature not very cinematic (slightly more fascinating than watching someone type, say). But Bonnaire’s quietly powerful performance is worth sticking around for, even when the novelty of whiskery, cardigan-wearing, French-spouting Kline wears off. (1:36) Smith Rafael. (Eddy)

Rio (1:32)

Something Borrowed (1:53)

*13 Assassins 13 Assassins is clearly destined to be prolific director Takashi Miike’s greatest success outside Japan yet. It’s another departure for the multi-genre-conquering Miike, doubtless one of the most conventional movies he’s made in theme and execution. That’s key to its appeal — rigorously traditional, taking its sweet time getting to samurai action that is pointedly not heightened by wire work or CGI, it arrives at the kind of slam-dunk prolonged battle climax that only a measured buildup can let you properly appreciate. In the 1840s, samurai are in decline but feudalism is still hale. It’s a time of peace, though not for the unfortunates who live under regional tyrant Lord Naritsugu (Goro Inagaki), a li’l Nippon Caligula who taxes and oppresses his people to the point of starvation. Alas, the current Shogun is his sibling, and plans to make little bro his chief adviser — so a concerned Shogun official secretly hires veteran samurai Shinzaemon (Koji Yakusho) to assassinate the Lord. Fully an hour is spent on our hero doing “assembling the team” stuff, recruiting other unemployed, retired, or wannabe samurai. When the protagonists finally commence their mission, their target is already aware he’s being pursued, and he’s surrounded by some 200 soldiers by the time Miike arrives at the film’s sustained, spectacular climax: a small village which Shinzaemon and co. have turned into a giant boobytrap so that 13 men can divide and destroy an ogre-guarding army. A major reason why mainstream Hollywood fantasy and straight action movies have gotten so depressingly interchangeable is that digital FX and stunt work can (and does) visualize any stupid idea — heroes who get thrown 200 feet into walls by monsters then getting up to fight some more, etc. 13 Assassins is thrilling because its action, while sporting against-the-odds ingeniousness and sheer luck by our heroes as in any trad genre film, is still vividly, bloodily, credibly physical. (2:06) (Harvey)

*Thor When it comes to superhero movies, I’m not easily impressed. Couple that with my complete disinterest in the character of Thor, and I didn’t go into his big-screen debut with any level of excitement. Turns out Kenneth Branagh’s Thor is a genre standout — the best I’ve seen since 2008’s Iron Man. For those who don’t know the mythology, the film follows Thor (Chris Hemsworth) as he’s exiled from the realm of Asgard to Earth. Once there, he must reclaim his mighty hammer — along with his powers — in order to save the world and win the heart of astrophysicist Jane Foster (Natalie Portman). Hemsworth is perfectly cast as the titular hero: he’s adept at bringing charm to a larger-than-life god. The script is a huge help, striking the ideal balance between action, drama, and humor. That’s right, Thor is seriously funny. On top of that, the effects are sensational. Sure, the 3D is once again unnecessary, but it’s admittedly kind of fun when you’re zooming through space. (2:03) (Peitzman)

The Topp Twins: Untouchable Girls It’s hard to name an American equivalent of New Zealand’s Topp Twins — a folk-singing, comedy-slinging, cross-dressing duo who’re the biggest Kiwi stars you’ve never heard of (but may be just as beloved as, say, Peter Jackson in their homeland). Recent inductees in the New Zealand Music Hall of Fame, the fiftysomething Jools and Lynda, both lesbians, sing country-tinged tunes that slide easily from broad and goofy (with an array of costumed personas) to extremely political, sounding off on LGBT and Maori rights, among other topics. Even if you’re not a fan of their musical style, it’s undeniable that their identical voices make for some stirring harmonies, and their optimism, even when a serious illness strikes, is inspiring. This doc — which combines interviews, home movies, and performance footage — will surely earn them scores of new stateside fans. (1:24) (Eddy)

Water for Elephants A young man named Jacob Jankowski (Robert Pattinson) turns his back on catastrophe and runs off to join the circus. It sounds like a fantasy, but this was never Jacob’s dream, and the circus world of Water for Elephants isn’t all death-defying feats and pretty women on horses. Or rather, the pretty woman also rides an elephant named Rosie and the casualties tend to occur outside the big top, after the rubes have gone home. Stumbling onto a train and into this world by chance, Jacob manages to charm the sadistic sociopath who runs the show, August (Christophe Waltz), and is charmed in turn by August’s wife, Marlena (Reese Witherspoon), a star performer and the object of August’s abusive, obsessive affections. Director Francis Lawrence’s film, an adaptation of Sarah Gruen’s 2006 novel, depicts a harsh Depression-era landscape in which troupes founder in small towns across America, waiting to be scavenged for parts — performers and animals — by other circuses passing through. Waltz’s August is a frightening man who defines a layoff as throwing workers off a moving train, and the anxiety of anticipating his moods and moves supplies most of the movie’s dramatic tension; Jacob and Marlena’s pallid love story feeds off it rather than adding its own. The film also suffers from a frame tale that feels awkward and forced, though Hal Holbrook makes heroic efforts as the elderly Jacob, surfacing on the grounds of — what else? — a modern-day circus to recount his tale of tragedy and romance. (2:00) (Rapoport)

*Win Win Is Tom McCarthy the most versatile guy in Hollywood? He’s a successful character actor (in big-budget movies like 2009’s 2012; smaller-scale pictures like 2005’s Good Night, and Good Luck; and the final season of The Wire). He’s an Oscar-nominated screenwriter (2009’s Up). And he’s the writer-director of two highly acclaimed indie dramas, The Station Agent (2003) and The Visitor (2007). Clearly, McCarthy must not sleep much. His latest, Win Win, is a comedy set in his hometown of New Providence, N.J. Paul Giamatti stars as Mike Flaherty, a lawyer who’s feeling the economic pinch. Betraying his own basic good-guy-ness, he takes advantage of a senile client, Leo (Burt Young), when he spots the opportunity to pull in some badly-needed extra cash. Matters complicate with the appearance of Leo’s grandson, Kyle (newcomer Alex Shaffer), a runaway from Ohio. Though Mike’s wife, Jackie (Amy Ryan), is suspicious of the taciturn teen, she allows Kyle to crash with the Flaherty family. As luck would have it, Kyle is a superstar wrestler — and Mike happens to coach the local high school team. Things are going well until Kyle’s greedy mother (Melanie Lynskey) turns up and starts sniffing around her father’s finances. Lessons are learned, sure, and there are no big plot twists beyond typical indie-comedy turf. But the script delivers more genuine laughs than you’d expect from a movie that’s essentially about the recession. (1:46) (Eddy)

 

Editorial: Don’t undo ballot measures

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The California initiative process is broken. The state’s too big, and it costs too much to gather signatures and mount a media campaign for or against a ballot measure.

But in San Francisco, the initiative process has traditionally been, and for the most part continues to be, a check on corrupt or ineffective political leaders and a chance for progressive reforms that can’t make it through City Hall. That’s why Sup. Scott Wiener’s proposal to allow the supervisors to amend (or, in theory, abolish) laws passed by the voters is a bad idea.

Since 1968, the San Francisco voters have approved 96 ordinances; that’s an average of about two a year. Obviously the pace has picked up since the 1970s. In 2008, there were eight measures approved; in 2010 there were four. The length and complexity of the ballot makes it appear that the supervisors aren’t doing their work, Wiener says. He notes that when he was campaigning, one of the most common complaints was that the voters were being asked to decide too many things that should have been handled at City Hall.

Some of that is the result of an unwieldy City Charter. Benefits for police and firefighters, for example, are specified in the charter, and any change needs voter approval. Wiener’s measure, aimed only at initiatives and not charter amendments, wouldn’t change that situation.

But some of it relates to the political alignments in San Francisco. For much of the past decade, the supervisors and the mayor were at odds over major issues. The mayor couldn’t get his (bad) proposals, like a ban on sitting on the sidewalks, through the board, and the progressives couldn’t get their proposals past a mayoral veto. So both sides went directly to the voters.

That’s a lot better than the paralysis we’re seeing in Sacramento. At least the issues are getting decided.

And over the years, some of the most important legislation in San Francisco — growth controls, tenant protections, protections for children’s programs, the city’s landmark open-government law — has come through ballot initiatives. The only way public power advocates have been able to get the issue on the agenda has been through ballot initiatives.

Those were issues that generations of supervisors and mayors wouldn’t take on — the developers and landlords and secrecy lobbyists and Pacific Gas and Electric Co. had too much power at City Hall. And those protections for the public, the environment, and the most vulnerable residents only survive today because they’re set in law and can’t easily be changed.

If Wiener’s measure has been in effect a decade ago, for example, Proposition M — the 1986 law that set neighborhood planning priorities and limits on office development, would have been summarily scrapped by Mayor Willie Brown and a pro-developer board. Key rent-control laws would have been repealed or amended to death. The ban on buildings that cast shadows on parks would be gone. Killing the Sunshine Ordinance would have been Brown’s first act.

Today’s district-elected board is far more accountable to the voters — but there’s hardly a reliable progressive majority. And the point of ballot initiatives is that you can’t predict who will control City Hall next year, or in 10 years.

We don’t think the initiative process in San Francisco is out of control. Sure, big money wins the day too often — but on balance, it’s a check that the Board of Supervisors should leave alone.

 

Activists speak out at Chevron’s shareholder meeting

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Police and security guards were out in full force in San Ramon yesterday, (Wed/25) where activists and shareholders of Chevron’s valuable stock converged at the company’s annual shareholders meeting at its headquarters.

Inside, the meeting, Chevron Board Chairman John Watson touted the oil corporation’s “community engagement” and market growth. Outside, around 140 activists from all over the world held signs to the speedy traffic on Bollinger Canyon Way, beseeching the general public to understand the costs of Chevron’s high profits. Some even made it inside.

“Our people have been dying,” said Tom Evans of the Sugpiat People of the Alutitiq Tribe in the native village of Nanwalek, Alaska, choking back tears during the 45-minute Q&A session with Watson.

“You are all a bunch of liars and thieves,” said Rev. Kenneth Davis, a Richmond resident who was arrested last year at Chevron’s shareholders meeting in Houston, Texas. He claimed he could see Chevron’s refinery from a window in his home. “People are dying, you steal from all over the world and process it in Richmond,” he said.

“When will Chevron embody in its operations environmental and social justice?” Elias Isaac of Open Society Initiative for Southern Africa asked the chairman.

After giving one of his canned responses of “we are a force for good everywhere we operate,” Watson conceded, “Perhaps it’s not enough, and we could always do more.”

Chevron just came out of a record-breaking year with $20 billion in profits, making it the largest corporation in California and the 11th in the world, with expectations of more growth in the years to come. It has nine new exploration projects it hopes to start in the next decade that will make Poland, Romania, Western Australia, China and other countries a part of the at-risk catalog of nations where Chevron chooses to do business.

It has claimed over 14 million acres of land for “exploration activities.” It’s also planning the world’s largest carbon sequestration project in Australia on a nature reserve and turtle habitat. If all this information isn’t scary enough, Chevron also makes huge messes and ducks out of cleaning them up.

Recently, the corporation appealed a guilty verdict from an Ecuadorian court for $8.6 billion in damages because of massive environmental degradation. The 18-year lawsuit stems from the destruction and mismanagement of the diseased Amazonian land that Chevron acquired when it bought Texaco in 2001. Ecuadorian Servio Curipoma lost his mother due to Chevron’s toxic sludge and was present at the meeting with other indigenous community members pleading with Watson and Chevron’s shareholders to change its policies in Ecuador.

“Take it up with your government,” Watson said to the speakers. “Petroecuador has not been a good partner,” he added, passing the blame onto Ecuador’s state-owned oil company. Chevron execs decided that was a good time to roll a video about the lawsuit and smeared the plaintiff’s lawyer, Steven Donziger, showing outtakes of the documentary “Crude,” emails and other private meetings, displaying Donziger to be haughty about the case. As the film rolled, most of the stockholders applauded Chevron’s PR efforts.

Seven items on the meeting’s agenda pertained to stockholders’ proposals on various subjects, including hiring a third party director with environmental expertise, creating a human rights committee, and disclosing the guidelines for Chevron’s country selection. None of the stockholders proposals passed, including one on the controversial process of “fracking,” which extracts natural gas from rock, that obtained 41 percent of the preliminary votes.

Once the meeting ended, the activists in attendance were met with a hero’s welcome out on the streets. Gitz Crazyboy of the First Nation Dene/Pikini in Alberta, Canada told the crowd he didn’t buy Chevron’s excuses that they were just following government mandates.

“If that were true we wouldn’t be here right now,” he said.

Antonia Juhasz of Global Exchange and the co-editor of the recently released The True Cost of Chevron: An Alternative Annual Report, said that although Chevron wasn’t as responsive as they hoped it was a victory nonetheless for the protesters.

“What was spit back at us was spin,” she said to the crowd. “We didn’t hear a truly substantive response to the damning human rights abuses that Chevron has caused.”

Arizona to kill prisoner with illegal drugs

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The state of Arizona is preparing to execute a prisoner with drugs that were obtained illegally, records obtained by the Bay Guardian and the ACLU of Northern California show.


Donald Edward Beaty is set to die by lethal injection early in the morning May 25. However, DEA records show that the sodium thiopental that will be used in the execution was not imported legally — and may not meet U.S. standards for drug quality.


“Arizona is about to execute someone with an illegal substance, and the federal government is ignoring its responsibility to enforce the law,” said Natasha Minsker, Death Penalty Policy Director for the ACLU of Northern California.


Documents obtained recently show that the Drug Enforcement Administration is investigating the illegal importation of the death drugs, and has seized thoipental stocks in several states. But Arizona’s prison system still has custody of the sodium thiopental that it imported.


And documents released May 24 show that Arizona — along with Nebraska, South Dakota and Arkansas — imported the drugs from either the U.K. or India without filing the proper DEA import declarations. That means the prison systems violated federal law.


“The DEA records demonstrate that Arizona and other states broke the law,” Minsker said. “We cannot understand why the DEA has failed to act but has allowed the states to keep these illegal and dangerous drugs. When state officials break the law in order to carry out an execution, it makes a mockery of our justice system and puts us all at risk. State and federal officials must follow and enforce the law—that’s their duty and what the public expects and deserves.”


 

Film Listings

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Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Peter Galvin, Max Goldberg, Dennis Harvey, Johnny Ray Huston, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. For rep house showtimes, see Rep Clock. For first-run showtimes, see Movie Guide.

OPENING

The Hangover Part II What could possibly go wrong this time? (1:42) Four Star, Marina, Presidio, Shattuck.

Hobo With a Shotgun See “Last Train to Fuck Town.” (1:26) Lumiere.

*Into Eternity Danish artist Michael Madsen (no, not that Michael Madsen) sneaks into Werner Herzog territory with this rather existential documentary about nuclear waste storage. Though he lacks Herzog’s distinctive, delightful style (his narration is way too corny, and his interview subjects lack any discernable quirks), Madsen is onto something here. Ostensibly, his film is an exploration of Finland’s Onkalo, an enormous underground facility built to store highly dangerous waste until it is no longer radioactive. Ho-hum, until you realize the facility must remain intact and functional for 100,000 years. How, Into Eternity asks, can we plan that far in the future? We can anticipate most natural-disaster scenarios, but what about human intrusion? How can we prevent future civilizations from drilling into the deadly cache, either accidentally or deliberately? How do we warn them? Should we warn them? Will humans even be around that far in the future? All we are is dust in the wind? Needless to say, this quiet, stylistically unassuming doc goes way, way deeper than 500 meters below Finland’s ancient bedrock. (1:15) Roxie. (Eddy)

Kung Fu Panda 2 Po (Jack Black) and company return for 3D martial-arts misadventures. (1:30) Cerrito, Four Star, Presidio.

Midnight in Paris Owen Wilson plays Gil, a self-confessed “Hollywood hack” visiting the City of Light with his conservative future in-laws and crassly materialistic fiancée Inez (Rachel McAdams). A romantic obviously at odds with their selfish pragmatism (somehow he hasn’t realized that yet), he’s in love with Paris and particularly its fabled artistic past. Walking back to his hotel alone one night, he’s beckoned into an antique vehicle and finds himself transported to the 1920s, at every turn meeting the Fitzgeralds, Gertrude Stein (Kathy Bates), Dali (Adrien Brody), etc. He also meets Adriana (Marion Cotillard), a woman alluring enough to be fought over by Hemingway (Corey Stoll) and Picasso (Marcial di Fonzo Bo) — though she fancies aspiring literary novelist Gil. Woody Allen’s latest is a pleasant trifle, no more, no less. Its toying with a form of magical escapism from the dreary present recalls The Purple Rose of Cairo (1985), albeit without that film’s greater structural ingeniousness and considerable heart. None of the actors are at their best, though Cotillard is indeed beguiling and Wilson dithers charmingly as usual. Still — it’s pleasant. (1:34) Embarcadero. (Harvey)

ONGOING

American: The Bill Hicks Story (1:41) Sundance Kabuki.

*L’Amour Fou Pierre Thoretton’s documentary L’amour fou opens with two clips of men bidding farewell. The first, from 2002, is of the French-Algerian couturier Yves Saint Laurent announcing his retirement in a moving and emotional speech worthy of his favorite writer Marcel Proust. The second is of Pierre Bergé, Saint Laurent’s longtime business partner and former lover, eulogizing his departed friend at the designer’s memorial service six years later. Thoretton’s film is suffused with goodbyes, many tender and candid, some portentous and rehearsed. To be sure, L’amour fou is a touching portrait of the powerful and tempestuous bond between Saint Laurent and Bergé, a bond that lasted close to five decades and resulted in one of the great empires of 20th century fashion. But it is also, alongside David Teboud’s two 2002 YSL documentaries, another entry in the hagiography of Saint Laurent, one cannily steered by Bergé as much as by Thoretton. Well-spoken and charming, Bergé still comes off as the punchy entrepreneurial foil to Saint Laurent’s dazzling but fragile genius. He can be both hyperbolic (praising Saint Laurent’s gifts) but also forthcoming (discussing the designer’s demons). Former muses Loulou de la Falaise and Betty Catroux are also interviewed, but this is clearly Bergé’s show. (1:43) Albany, Embarcadero. (Sussman)

The Beaver It’s been more than 15 years since Jodie Foster sat in the director’s chair; she’s back with The Beaver, which tells the unique story of Walter Black (Mel Gibson), a clinically depressed man who struggles through his suicidal desires with the help of a beaver puppet. Walter uses the puppet — which he also voices — as a way of connecting with his family and the outside world. The film examines both the comedic aspects and the devastating reality of mental illness, and the script walks the line between dark and light — it’s the first feature from Kyle Killen, who created the critically adored but short-lived TV series Lone Star. The Beaver gets points for ambition, but it’s ultimately too all over the place to come together in the end. The moments of humanity are undercut by scenes of Walter and his wife Meredith (Foster) having sex with the puppet in the bed — intentionally funny, but jarring nonetheless. Still, Foster’s direction is solid and, for all its faults, The Beaver is a great reminder of Gibson’s legitimate talent. (1:31) Elmwood, SF Center, Shattuck, Sundance Kabuki. (Peitzman)

*Bill Cunningham New York To say that Bill Cunningham, the 82-year old New York Times photographer, has made documenting how New Yorkers dress his life’s work would be an understatement. To be sure, Cunningham’s two decades-old Sunday Times columns — “On the Street,” which tracks street-fashion, and “Evening Hours,” which covers the charity gala circuit — are about the clothes. And, my, what clothes they are. But Cunningham is a sartorial anthropologist, and his pictures always tell the bigger story behind the changing hemlines, which socialite wore what designer, or the latest trend in footwear. Whether tracking the near-infinite variations of a particular hue, a sudden bumper-crop of cropped blazers, or the fanciful leaps of well-heeled pedestrians dodging February slush puddles, Cunningham’s talent lies in his ability to recognize fleeting moments of beauty, creativity, humor, and joy. That last quality courses through Bill Cunningham New York, Richard Press’ captivating and moving portrait of a man whose reticence and personal asceticism are proportional to his total devotion to documenting what Harold Koda, chief curator at the Costume Institute at the Metropolitan Museum of Art, describes in the film as “ordinary people going about their lives, dressed in fascinating ways.” (1:24) Bridge, Elmwood. (Sussman)

*Bridesmaids For anyone burned out on bad romantic comedies, Bridesmaids can teach you how to love again. This film is an answer to those who have lamented the lack of strong female roles in comedy, of good vehicles for Saturday Night Live cast members, of an appropriate showcase for Melissa McCarthy. The hilarious but grounded Kristen Wiig stars as Annie, whose best friend Lillian (Maya Rudolph) is getting hitched. Financially and romantically unstable, Annie tries to throw herself into her maid of honor duties — all while competing with the far more refined Helen (Rose Byrne). Bridesmaids is one of the best comedies in recent memory, treating its relatable female characters with sympathy. It’s also damn funny from start to finish, which is more than can be said for most of the comedies Hollywood continues to churn out. Here’s your choice: let Bridesmaids work its charm on you, or never allow yourself to complain about an Adam Sandler flick again. (2:04) Balboa, Empire, Marina, 1000 Van Ness, Shattuck, Sundance Kabuki. (Peitzman)

*Cave of Forgotten Dreams The latest documentary from Werner Herzog once again goes where no filmmaker — or many human beings, for that matter — has gone before: the Chauvet-Pont-d’Arc Cave, a heavily-guarded cavern in Southern France containing the oldest prehistoric artwork on record. Access is highly restricted, but Herzog’s 3D study is surely the next best thing to an in-person visit. The eerie beauty of the works leads to a typically Herzog-ian quest to learn more about the primitive culture that produced the paintings; as usual, Herzog’s experts have their own quirks (like a circus performer-turned-scientist), and the director’s own wry narration is peppered with random pop culture references and existential ponderings. It’s all interwoven with footage of crude yet beautiful renderings of horses and rhinos, calcified cave-bear skulls, and other time-capsule peeks at life tens of thousands of years ago. The end result is awe-inspiring. (1:35) SF Center, Shattuck, Sundance Kabuki. (Eddy)

The Conspirator It may not be your standard legal drama, but The Conspirator is a lot more enjoyable when you think of it as an extended episode of Law & Order. The film chronicles the trial of Mary Surratt (Robin Wright), the lone woman charged in the conspiracy to assassinate Abraham Lincoln. It’s a fascinating story, especially for those who don’t know much of the history past John Wilkes Booth. But while the subject matter is compelling, the execution is hit-or-miss. Wright is sympathetic as Surratt, but the usually great James McAvoy is somewhat forgettable in the pivotal role of Frederick Aiken, Surratt’s conflicted lawyer. It’s hard to say what it is that’s missing from The Conspirator: the cast — which also includes Evan Rachel Wood and Tom Wilkinson — is great, and this is a story that’s long overdue to be told. Still, something is lacking. Could it be the presence of everyone’s favorite detective, the late Lennie Briscoe? (2:02) Opera Plaza. (Peitzman)

*The Double Hour Slovenian hotel maid Sonia (Ksenia Rappoport) and security guard Guido (Filippo Timi) are two lonely people in the Italian city of Turin. They find one another (via a speed-dating service) and things are seriously looking up for the fledgling couple when calamity strikes. This first feature by music video director Giuseppe Capotondi takes a spare, somber approach to a screenplay (by Alessandro Fabbri, Ludovica Rampoldi, and Stefano Sardo) that strikingly keeps raising, then resisting genre categorization. Suffice it to say their story goes from lonely-hearts romance to violent thriller, ghost story, criminal intrigue, and yet more. It doesn’t all work seamlessly, but such narrative unpredictability is so rare at the movies these days that The Double Hour is worth seeing simply for the satisfying feeling of never being sure where it’s headed. (1:35) Albany, Clay, Piedmont, Smith Rafael. (Harvey)

*Everything Must Go Just skirting the edge of sentimentality and banality, Everything Must Go aims to do justice by its source material: Raymond Carver’s rueful, characteristically spare short story, “Why Don’t You Dance?,” from the 1988 collection Where I’m Calling From. And it mostly succeeds with some restraint from its director-writer Dan Rush, who mainly helmed commercials in the past. Everything Must Go gropes toward a cinematic search for meaning for the Willy Lomans on both sides of the camera — it’s been a while since Will Ferrell attempted to stretch beyond selling a joke, albeit often extended ones about masculinity, and go further as an actor than 2006’s Stranger Than Fiction. The focus here turns to the despairing, voyeuristic whiskey drinker of Carver’s highly-charged short story, fills in the blanks that the writer always carefully threaded into his work, and essentially pushes him down a crevasse into the worst day of his life: Ferrell’s Nick has been fired and his wife has left him, changing the locks, putting a hold on all his bank accounts, and depositing his worldly possessions on the lawn of their house. Nick’s car has been reclaimed, his neighbors are miffed that he’s sleeping on his lawn, the cops are doing drive-bys, and he’s fallen off the wagon. His only reprieve, says his sponsor Frank (Michael Pena), is to pretend to hold a yard sale; his only help, a neighborhood boy Kenny who’s searching for a father figure (Christopher Jordan Wallace, who played his dad Notorious B.I.G. as a child in 2009’s Notorious) and the new neighbor across the street (Rebecca Hall). Though Rush expands the characters way beyond the narrow, brilliant scope of Carver’s original narrative, the urge to stay with those fallible people — as well as the details of their life and the way suburban detritus defines them, even as those possessions are forcibly stripped away — remains. It makes for an interesting animal of a dramedy, though in Everything Must Go‘s search for bright spots and moments of hope, it’s nowhere near as raw, uncompromising, and tautly loaded as Carver’s work can be. (1:36) Piedmont, Sundance Kabuki. (Chun)

Fast Five There are plenty of laugh-out-loud moments in Fast Five, in addition to a much demolition derby-style crunch — instances that stretch credulity and simultaneously trigger a chuckle at the OTT fantasy of the entire enterprise. Two unarmed men chained to the ceiling kick their way out of a torture cell, jump favela rooftops to freedom with nary a bullet wound in sight, and, in the movie’s smash-’em-up tour de force, use a bank vault as a hulking pair of not-so-fuzzy dice to pulverize an unsuspecting Rio de Janeiro. Not for nothing is rapper Ludacris attached to this franchise — his name says it all (why not go further than his simple closing track, director Justin Lin, now designated the keeper of Fast flame, and have him providing the rap-eratic score/running commentary throughout?) In this installment, shady hero Dominic (Vin Diesel) needs busting out of jail — check, thanks to undercover-cop-turned-pal Brian (Paul Walker) and Dominic’s sis Mia (Jordana Brewster). Time to go on the lam in Brazil and to bring bossa nova culture down to level of thieving L.A. gearheads, as the gearhead threesome assemble their dream team of thieves to undertake a last big heist that will set ’em up for life. Still, despite the predictable pseudo-twists — can’t we all see the bromance-bonding between testosteroni boys Diesel and Dwayne Johnson coming from miles of blacktop away? — there’s enough genre fun, stunt driving marvels, and action choreography here (Lin, who made his name in ambitious indies like 2002’s Better Luck Tomorrow, has developed a knack for harnessing/shooting the seeming chaos) — to please fans looking for a bigger, louder kick. (1:41) 1000 Van Ness. (Chun)

The First Grader After a government announcement offering free elementary school educations to all Kenyans, an elderly man, Maruge (Oliver Litondo), shuffles to the nearest rural classroom in search of reading lessons. Though school officials (and parents, miffed that the man would take a child’s place in the already overcrowded system) protest, open-minded head teacher Jane (Naomie Harris) allows him to stay and study. Maruge’s freedom-fighter past, which cost him his family at the brutal hands of the British, is an important part of this true story, which otherwise would’ve felt a bit too heavy on the heartwarming tip. (His classmates, actual students at the school used for filming, are pretty unavoidably adorable.) As directed by Justin Chadwick (2008’s The Other Boleyn Girl ), Harris and Litondo turn in passionate performances, but the film unfolds like a heavy-handed TV movie. The facts of this story are inspiring enough — the film shouldn’t have to try so hard. (1:43) Opera Plaza, Smith Rafael. (Eddy)

Forks Over Knives Lee Fulkerson steps up as the latest filmmaker-turned-guinea-pig to appear in his own documentary about nutrition. As he makes progress on his 12-week plan to adopt a “whole foods, plant-based diet” (and curb his Red Bull addiction), he meets with other former junk food junkies, as well as health professionals who’ve made it their mission to prevent or even reverse diseases strictly through dietary changes. Along the way, Forks Over Knives dishes out scientific factoids both enlightening and alarming about the way people (mostly us fatty Americans, though the film investigates a groundbreaking cancer study in China) have steadily gotten unhealthier as a direct result of what they are (or in some cases, are not) eating. Fulkerson isn’t as entertaining as Morgan Spurlock (and it’s unlikely his movie will have the mainstream appeal of 2004’s Super Size Me), but the staunchly pro-vegan Forks Over Knives certainly offers some interesting, ahem, food for thought. (1:36) Opera Plaza. (Eddy)

*Hanna The title character of Hanna falls perfectly into the lately very popular Hit-Girl mold. Add a dash of The Boys from Brazil-style genetic engineering — Hanna has the unfair advantage, you see, when it comes to squashing other kids on the soccer field or maiming thugs with her bare hands — and you have an ethereal killing/survival machine, played with impassive confidence by Atonement (2007) shit-starter Saoirse Ronan. She’s been fine-tuned by her father, Erik (Eric Bana), a spy who went out into the cold and off the grid, disappearing into the wilds of Scandinavia where he home-schooled his charge with an encyclopedia and brutal self-defense and hunting tests. Atonement director Joe Wright plays with a snowy palette associated with innocence, purity, and death — this could be any time or place, though far from the touch of modern childhood stresses: that other Hannah (Montana), consumerism, suburban blight, and academic competition. The 16-year-old Hanna, however, isn’t immune from that desire to succeed. Her game mission: go from a feral, lonely existence into the modern world, run for her life, and avenge the death of her mother by killing Erik’s CIA handler, Marissa (Cate Blanchett). The nagging doubt: was she born free, or Bourne to be a killer? Much like the illustrated Brothers Grimm storybook that she studies, Hanna is caught in an evil death trap of fairytale allegories. One wonders if the super-soldier apple didn’t fall far from the tree, since evil stepmonster Marissa oversaw the program that produced Hanna — the older woman and the young girl have the same cold-blooded talent for destruction and the same steely determination. Yet there’s hope for the young ‘un. After learning that even her beloved father hid some basic truths from her, this natural-born killer seems less likely to go along with the predetermined ending, happy or no, further along in her storybook life. (1:51) SF Center. (Chun)

*Hesher Young teen TJ (Devin Brochu) has lost his mom, and her shockingly sudden passing has sent his entire family into a tailspin. His father (Rainn Wilson) can barely rouse himself from his heavily medicated stupor, while his lonely grandmother (Piper Laurie) is left to care for the wrecked men folk as best she can. All TJ can do is to try to desperately hang onto the smashed car that has been sold to the used car salesman and then the junkyard. So it almost seems like a dream when he catches the attention of an aloof, threatening metalhead named Hesher (a typecast-squashing, perfectly on-point Joseph Gordon-Levitt), squatting in an empty suburban model home. Hesher threatens to kill him, then moves in, becoming his so-called “friend” and brand-new, unwanted shadow. What’s a grieving family lost in its own tragic inertia supposed to do with a home invasion staged by an angry, malevolent spirit? Coming to terms with Hesher’s presence becomes a lot like going through Kubler-Ross’s five stages of grief: there’s the denial that he’s taken over the living-room TV and rejiggered the cable to get a free porn channel, the anger that he’s set fire to your enemy’s hot rod and left you at the scene of the crime, and lastly the acceptance that there’s no good, right, or unmessy way to say goodbye. Director Spencer Susser (with co-writer David Michod of 2010’s Animal Kingdom) modeled the character of Hesher after late Metallica bassist Cliff Burton, and that fact, along with the film’s independent-minded spirit, is probably one of the reasons why Metallica allowed more than one of their songs to be used in the film. Hesher itself also likely had something to do with it: if the intrigue with heavy-metal-parking-lot culture doesn’t do donuts in your cul-de-sac, then the sobering story might. (1:45) California, Lumiere. (Chun)

*Incendies When tightly wound émigré Nawal (Luba Azabal) dies, she leaves behind adult twins Jeanne (Mélissa Désormeaux-Poulin) and Simon (Maxim Gaudette) — and leaves them documents that only compound their feelings of grief and anger, suggesting that what little they thought they knew about their background might have been a lie. While resentful Simon at first stays home in Montreal, Jeanne travels to fictive “Fuad” (a stand-in for source-material playwright Wajdi Mouawad’s native Lebanon), playing detective to piece together decades later the truth of why their mother fled her homeland at the height of its long, brutal civil war. Alternating between present-day and flashback sequences, this latest by Canadian director Denis Villeneuve (2000’s Maelstrom) achieves an urgent sweep punctuated by moments of shocking violence. Resembling The Kite Runner in some respects as a portrait of the civilian victimization excused by war, it also resembles that work in arguably piling on more traumatic incidences and revelations than one story can bear — though so much here has great impact that a sense of over-contrivance toward the very end only slightly mars the whole. (2:10) Opera Plaza, Shattuck. (Harvey)

Jumping the Broom (1:48) SF Center.

*Meek’s Cutoff After three broke down road movies (1994’s River of Grass, 2006’s Old Joy, 2008’s Wendy and Lucy), Kelly Reichardt’s new frontier story tilts decisively towards socially-minded existentialism. It’s 1845 on the choked plains of Oregon, miles from the fertile valley where a wagon train of three families is headed. They’ve hired the rogue guide Meek to show them the way, but he’s got them lost and low on water. When the group captures a Cayeuse Indian, Solomon proposes they keep him on as a compass; Meek thinks it better to hang him and be done with it. The periodic shots of the men deliberating are filmed from a distance — the earshot range of the three women (Michelle Williams, Zoe Kazan, and Shirley Henderson) who set up camp each night. It’s through subtle moves like these that Meek’s Cutoff gives a vivid taste of being subject to fate and, worse still, the likes of Meek. Reichardt winnows away the close-ups, small talk, and music that provided the simple gifts of her earlier work, and the overall effect is suitably austere. (1:44) Roxie, Shattuck. (Goldberg)

*My Perestroika Robin Hessman’s very engaging documentary takes one very relatable look at how changes since glasnost have affected some average Russians. The subjects here are five thirtysomethings who, growing up in Moscow in the 70s and 80s, were the last generation to experience full-on Communist Party indoctrination. But just as they reached adulthood, the whole system dissolved, confusing long-held beliefs and variably impacting their futures. Andrei has ridden the capitalist choo-choo to considerable enrichment as the proprietor of luxury Western menswear shops. But single mother Olga, unlucky in love, just scrapes by, while married schoolteachers Lyuba and Boris are lucky to have inherited an apartment (cramped as it is) they could otherwise ill afford. Meanwhile Ruslan, once member of a famous punk band (which he abandoned on principal because it was getting “too commercial”), both disdains and resents the new order just as he did the old one. Home movies and old footage of pageantry celebrating Soviet socialist glory make a whole ‘nother era come to life in this intimate, unexpectedly charming portrait of its long-term aftermath. (1:27) Balboa. (Harvey)

*Nostalgia for the Light Chile’s Atacama Desert, the setting for Patricio Guzmán’s lyrically haunting and meditative documentary, is supposedly the driest place on earth. As a result, it’s also the most ideal place to study the stars. Here, in this most Mars-like of earthly landscapes, astronomers look to the heavens in an attempt to decode the origins of the universe. Guzmán superimposes images from the world’s most powerful telescopes — effluent, gaseous nebulas, clusters of constellations rendered in 3-D brilliance — over the night sky of Atacama for an even more otherworldly effect, but it’s the film’s terrestrial preoccupations that resonate most. For decades, a small, ever dwindling group of women have scoured the cracked clay of Atacama searching for loved ones who disappeared early in Augusto Pinochet’s regime. They take their tiny, toy-like spades and sift through the dirt, finding a partial jawbone here, an entire mummified corpse there. Guzmán’s attempt through voice-over to make these “architects of memory,” both astronomers and excavators alike, a metaphor for Chile’s reluctance to deal with its past atrocities is only marginally successful. Here, it’s the images that do all the talking — if “memory has a gravitational force,” their emotional weight is as inescapable as a black hole. (1:30) Lumiere, Smith Rafael. (Devereaux)

Pirates of the Caribbean: On Stranger Tides The last time we saw rascally Captain Jack Sparrow (Johnny Depp), he was fighting his most formidable enemy yet: the potentially franchise-ending Pirates of the Caribbean: At World’s End (2007). The first Pirates movie (2003) was a surprise critical success, earning Depp his first-ever Oscar nomination; subsequent entries, though no less moneymaking, suffered from a detectable case of sequel-itis. Overseeing this reboot of sorts is director Rob Marshall (2002’s Chicago), who keeps the World’s End notion of sending Jack to find the Fountain of Youth, but adds in a raft of new faces, including Deadwood‘s Ian McShane (as Blackbeard) and lady pirate Penélope Cruz. The story is predictably over-the-top, with the expected supernatural elements mingling with sparring both sword-driven and verbal — as well as an underlying theme about faith that’s nowhere near as fun as the film’s lesser motifs (revenge, for one). It’s basically a big swirl of silly swashbuckling, nothing more or less. And speaking of Depp, the fact that the oft-ridiculous Sparrow is still an amusing character can only be chalked up to the actor’s own brand of untouchable cool. If it was anyone else, Sparrow’d be in Austin Powers territory by now. (2:05) Balboa, Castro, Cerrito, Empire, 1000 Van Ness, Presidio, Sundance Kabuki. (Eddy)

Priest (1:27) 1000 Van Ness, SF Center.

*The Princess of Montpensier Marie (Mélanie Thierry), the titular figure in French director Bertrand Tavernier’s latest, is a young 16th century noblewoman married off to a Prince (Grégoire Leprince-Ringuet) of great wealth and property. But they’ve barely met when he’s called off to war — leaving her alone on his enormous estate, vulnerable to myriad suitors who seem to be forever throwing themselves at her nubile, neglected body. Lambert Wilson (2010’s Of Gods and Men) is touching as the older soldier appointed her protector; he comes to love her, yet is the one man upstanding enough to resist compromising her. If you’ve been jonesing for the kind of lush arthouse period epic that feels like a big fat classic novel, this engrossing saga from a 70-year-old Gallic cinema veteran in top form will scratch that itch for nearly two and a half satisfyingly tragic-romantic hours. (2:19) Smith Rafael. (Harvey)

Potiche When we first meet Catherine Deneuve’s Suzanne — the titular trophy wife (or potiche) of Francois Ozon’s new airspun comedy — she is on her morning jog, barely breaking a sweat as she huffs and puffs in her maroon Adidas tracksuit, her hair still in curlers. It’s 1977 and Suzanne’s life as a bourgeois homemaker in a small provincial French town has played out as smoothly as one of her many poly-blend skirt suits: a devoted mother to two grown children and loving wife who turns a blind eye to the philandering of husband Robert (Fabrice Luchini), Suzanne is on the fast track to comfortable irrelevance. All that changes when the workers at Robert’s umbrella factory strike and take him hostage. Suzanne, with the help of union leader and old flame Babin (Gerard Depardieu, as big as a house), negotiates a peace, and soon turns around the company’s fortunes with her new-found confidence and business savvy. But when Robert wrests back control with the help of a duped Babin, Suzanne does an Elle Woods and takes them both on in a surprise run for political office. True to the film’s light théâtre de boulevard source material, Ozon keeps things brisk and cheeky (Suzanne sings with as much ease as she spouts off Women’s Lib boilerplate) to the point where his cast’s hammy performances start blending into the cheery production design. Satire needs an edge that Potiche, for all its charm, never provides. (1:43) Elmwood, Opera Plaza. (Sussman)

Queen to Play From first-time feature director Caroline Bottaro comes this drama about … chess. Wait! Before your eyes glaze over, here are a few more fast facts: it’s set in idyllic Corsica and features, as an American expat, Kevin Kline in his first French-speaking role. (Side note: is there a Kline comeback afoot? First No Strings Attached, then The Conspirator, and now Queen to Play. All within a few short months.) Lovely French superstar Sandrine Bonnaire plays Héléne, a hotel maid who has more or less accepted her unremarkable life — until she happens to catch a couple (one half of which is played by Jennifer Beals, cast because Bottaro is a longtime fan of 1983’s Flashdance!) playing chess. An unlikely obsession soon follows, and she asks Kline’s character, a reclusive doctor who’s on her freelance house-cleaning route, to help her up her game. None too pleased with this new friendship are Héléne’s husband and nosy neighbors, who are both suspicious of the doctor and unsure of how to treat the formerly complacent Héléne’s newfound, chess-inspired confidence. Queen to Play can get a little corny (we’re reminded over and over that the queen is “the most powerful piece”), and chess is by nature not very cinematic (slightly more fascinating than watching someone type, say). But Bonnaire’s quietly powerful performance is worth sticking around for, even when the novelty of whiskery, cardigan-wearing, French-spouting Kline wears off. (1:36) Shattuck, Smith Rafael. (Eddy)

Rio (1:32) Elmwood, 1000 Van Ness, SF Center.

Something Borrowed (1:53) 1000 Van Ness, Presidio.

*Source Code A post-9/11 Groundhog Day (1993) with explosions, Inception (2010) with a heart, or Avatar (2009) taken down a notch or dozen in Chicago —whatever you choose to call it, Source Code manages to stand up on its own wobbly Philip K. Dick-inspired legs, damn the science, and take off on the wings of wish fulfillment. ‘Cause who hasn’t yearned for a do-over — and then a do-over of that do-over, etc. We could all be as lucky — or as cursed — as soldier Colter Stevens (Jake Gyllenhaal), who gets to tumble down that time-space rabbit hole again and again, his consciousness hitching a ride in another man’s body, while in search of the bomber of a Chicago commuter train. On the upside, he gets to meet the girl of his dreams (Michelle Monaghan) — and see her getting blown to smithereens again and again, all in the service of his country, his commander-cum-link to the outside world (Vera Farmiga), and the scientist masterminding this secret military project (Jeffrey Wright). On the downside, well, he gets to do it over and over again, like a good little test bunny in pinball purgatory. Fortunately, director Duncan Jones (2009’s Moon) makes compelling work out of the potentially ludicrous material, while his cast lends the tale a glossed yet likable humanity, the kind that was all too absent in 2010’s Inception. (1:33) 1000 Van Ness. (Chun)

*13 Assassins 13 Assassins is clearly destined to be prolific director Takashi Miike’s greatest success outside Japan yet. It’s another departure for the multi-genre-conquering Miike, doubtless one of the most conventional movies he’s made in theme and execution. That’s key to its appeal — rigorously traditional, taking its sweet time getting to samurai action that is pointedly not heightened by wire work or CGI, it arrives at the kind of slam-dunk prolonged battle climax that only a measured buildup can let you properly appreciate. In the 1840s, samurai are in decline but feudalism is still hale. It’s a time of peace, though not for the unfortunates who live under regional tyrant Lord Naritsugu (Goro Inagaki), a li’l Nippon Caligula who taxes and oppresses his people to the point of starvation. Alas, the current Shogun is his sibling, and plans to make little bro his chief adviser — so a concerned Shogun official secretly hires veteran samurai Shinzaemon (Koji Yakusho) to assassinate the Lord. Fully an hour is spent on our hero doing “assembling the team” stuff, recruiting other unemployed, retired, or wannabe samurai. When the protagonists finally commence their mission, their target is already aware he’s being pursued, and he’s surrounded by some 200 soldiers by the time Miike arrives at the film’s sustained, spectacular climax: a small village which Shinzaemon and co. have turned into a giant boobytrap so that 13 men can divide and destroy an ogre-guarding army. A major reason why mainstream Hollywood fantasy and straight action movies have gotten so depressingly interchangeable is that digital FX and stunt work can (and does) visualize any stupid idea — heroes who get thrown 200 feet into walls by monsters then getting up to fight some more, etc. 13 Assassins is thrilling because its action, while sporting against-the-odds ingeniousness and sheer luck by our heroes as in any trad genre film, is still vividly, bloodily, credibly physical. (2:06) California, Embarcadero, Smith Rafael. (Harvey)

*Thor When it comes to superhero movies, I’m not easily impressed. Couple that with my complete disinterest in the character of Thor, and I didn’t go into his big-screen debut with any level of excitement. Turns out Kenneth Branagh’s Thor is a genre standout — the best I’ve seen since 2008’s Iron Man. For those who don’t know the mythology, the film follows Thor (Chris Hemsworth) as he’s exiled from the realm of Asgard to Earth. Once there, he must reclaim his mighty hammer — along with his powers — in order to save the world and win the heart of astrophysicist Jane Foster (Natalie Portman). Hemsworth is perfectly cast as the titular hero: he’s adept at bringing charm to a larger-than-life god. The script is a huge help, striking the ideal balance between action, drama, and humor. That’s right, Thor is seriously funny. On top of that, the effects are sensational. Sure, the 3D is once again unnecessary, but it’s admittedly kind of fun when you’re zooming through space. (2:03) Empire, 1000 Van Ness, Sundance Kabuki. (Peitzman)

The Topp Twins: Untouchable Girls It’s hard to name an American equivalent of New Zealand’s Topp Twins — a folk-singing, comedy-slinging, cross-dressing duo who’re the biggest Kiwi stars you’ve never heard of (but may be just as beloved as, say, Peter Jackson in their homeland). Recent inductees in the New Zealand Music Hall of Fame, the fiftysomething Jools and Lynda, both lesbians, sing country-tinged tunes that slide easily from broad and goofy (with an array of costumed personas) to extremely political, sounding off on LGBT and Maori rights, among other topics. Even if you’re not a fan of their musical style, it’s undeniable that their identical voices make for some stirring harmonies, and their optimism, even when a serious illness strikes, is inspiring. This doc — which combines interviews, home movies, and performance footage — will surely earn them scores of new stateside fans. (1:24) Shattuck. (Eddy)

Water for Elephants A young man named Jacob Jankowski (Robert Pattinson) turns his back on catastrophe and runs off to join the circus. It sounds like a fantasy, but this was never Jacob’s dream, and the circus world of Water for Elephants isn’t all death-defying feats and pretty women on horses. Or rather, the pretty woman also rides an elephant named Rosie and the casualties tend to occur outside the big top, after the rubes have gone home. Stumbling onto a train and into this world by chance, Jacob manages to charm the sadistic sociopath who runs the show, August (Christophe Waltz), and is charmed in turn by August’s wife, Marlena (Reese Witherspoon), a star performer and the object of August’s abusive, obsessive affections. Director Francis Lawrence’s film, an adaptation of Sarah Gruen’s 2006 novel, depicts a harsh Depression-era landscape in which troupes founder in small towns across America, waiting to be scavenged for parts — performers and animals — by other circuses passing through. Waltz’s August is a frightening man who defines a layoff as throwing workers off a moving train, and the anxiety of anticipating his moods and moves supplies most of the movie’s dramatic tension; Jacob and Marlena’s pallid love story feeds off it rather than adding its own. The film also suffers from a frame tale that feels awkward and forced, though Hal Holbrook makes heroic efforts as the elderly Jacob, surfacing on the grounds of — what else? — a modern-day circus to recount his tale of tragedy and romance. (2:00) 1000 Van Ness, SF Center, Sundance Kabuki. (Rapoport)

*Win Win Is Tom McCarthy the most versatile guy in Hollywood? He’s a successful character actor (in big-budget movies like 2009’s 2012; smaller-scale pictures like 2005’s Good Night, and Good Luck; and the final season of The Wire). He’s an Oscar-nominated screenwriter (2009’s Up). And he’s the writer-director of two highly acclaimed indie dramas, The Station Agent (2003) and The Visitor (2007). Clearly, McCarthy must not sleep much. His latest, Win Win, is a comedy set in his hometown of New Providence, N.J. Paul Giamatti stars as Mike Flaherty, a lawyer who’s feeling the economic pinch. Betraying his own basic good-guy-ness, he takes advantage of a senile client, Leo (Burt Young), when he spots the opportunity to pull in some badly-needed extra cash. Matters complicate with the appearance of Leo’s grandson, Kyle (newcomer Alex Shaffer), a runaway from Ohio. Though Mike’s wife, Jackie (Amy Ryan), is suspicious of the taciturn teen, she allows Kyle to crash with the Flaherty family. As luck would have it, Kyle is a superstar wrestler — and Mike happens to coach the local high school team. Things are going well until Kyle’s greedy mother (Melanie Lynskey) turns up and starts sniffing around her father’s finances. Lessons are learned, sure, and there are no big plot twists beyond typical indie-comedy turf. But the script delivers more genuine laughs than you’d expect from a movie that’s essentially about the recession. (1:46) California, Piedmont. (Eddy)

 

Why the right keeps winning

6

Robert Cruikshank, who is one of the best political bloggers around, has a fascinating piece today on Calitics about Cornel West’s attack on Obama, the politics of coalitions, and the fate of the Democratic Party. His thesis: The Republicans know how to make a coalition work, and the Democrats don’t.


Conservative communication discipline is enabled only by the fact that everyone in the coalition knows they will get something for their participation. A right-winger will repeat the same talking points even on an issue he or she doesn’t care about or even agree with because he or she knows that their turn will come soon, when the rest of the movement will do the same thing for them.


Progressives do not operate this way. We spend way too much time selling each other out, and way too little time having each other’s back. This is especially true within the Democratic Party, where progressives share a political party with another group of people – the corporate neoliberals – who we disagree with on almost every single issue of substance. But within our own movement, there is nothing stopping us from exhibiting the same kind of effective messaging – if we understood the value of coalitions.


More:


 If one part of the coalition gets everything and the other parts get nothing, then the coalition will break down as those who got nothing will get unhappy, restive, and will eventually leave. Good coalitions understand that everyone has to get their issue taken care of, their goals met – in one way or another – for the thing to hold together.


He points out, correctly, that the Democratic Party these days is actually two parties, and the only thing that holds them together is social issues. The neoliberals generally support same-sex marriage and abortion rights and can’t join the religious nuts who have taken over the GOP. But on economic issues, they might as well be two entirely distinct parties with very different messages.


It’s worth thinking about in the context of San Francisco politics, where a lot of people — including Board President David Chiu — talk about being part of a progressive coalition. And on a lot of issues, six of seven members of the board — and most people who call themselves progressives — agree. There ought to be a progressive coalition tha controls the political agenda in San Francisco, and there’s no reason that can’t happen.


But those of us who are part of what we can only call the economic left — the people who believe that the rich don’t pay enough taxes and the poor don’t get enough services and the public sector (yes, Government) is part of the solution — aren’t getting much of anything out of the coalition right now. Our issues (new revenue that matches or exceeds any cuts and a vigorous campaign by our elected leaders to make that happen) always disappear when the final deals are cut.


We’re always there on the non-economic issues — there was some grumbling, but in the end the progressives on the board all voted for Chiu’s yellow pages ban — but when it comes to budget time, we get thrown under the bus. And in the long term, that’s not going to hold a progressive coalition together.

Perception of lost integrity costs police

1

Reporting by Sarah Phelan. Photograhy by Luke Thomas.

At the San Francisco Public Defender’s Office’s May 18 Justice Summit, the ethics of law enforcement were a central topic. And not surprisingly, the latest incidents of alleged police conduct in which SFPD officers are caught on surveillance video, which the Public Defender’s Office released, as they apparently steal personal property from suspects whose homes in the Julian Hotel they searched for drugs under possibly illegal circumstances, were on everyone’s minds, along with the crime lab and Henry Hotel scandals.

Asked if District Attorney George Gascón, who was Chief of Police until January, is considering a special prosecutor to look into these latest incidents, Sharon Woo, the D.A.’s Chief Assistant of Operations, said the D.A. looks into each case as it comes in. “We are trying to enhance the videos that came in from the Public Defender’s Office,” Woo said in a pre-summit interview. “Some are not as clear as we’d like.”

Earlier this year, when Gascón first became aware of the allegations against officers at the Henry Hotel, he directed the D.A.’s office to open an investigation into the officers and their alleged conduct. The move got David Onek, who is running against Gascón in the D.A.’s race, urging Gascón to turn the investigation over to an independent prosecutor.

But for a week, Gascón maintained that there was no conflict, and when he did finally announce that he was turning the investigation over to the to the U.S. Attorney’s Office – he claimed it was about “resources”. “New information has come to light that indicates it is better to turn over this investigation to the FBI,” Gascón said. “I have spoken to the U.S. Attorney, Melinda Haag, and she has agreed to take over the full investigation. We will of course cooperate fully with the FBI, and provide whatever assistance they need from us.”

At the time, Onek noted that Gascón’s decision was correct step. But he criticized Gascón for not making it his policy to recuse himself from any investigations that relate to his own tenure as chief. And Alameda Assistant D.A. Sharmin Bock, who recently sprung into the D.A.’ race, described Gascón’s situation on this matter as being “between a rock and a hard place.”

But yesterday, Woo noted that while it’s true that Gascón was SFPD Chief when many of the recent misconduct scandals occurred, Mayor Gavin Newsom had already appointed him D.A. when the Julian Hotel incidents occurred in February.

And Peter Herley, former chief of the Tiburon Police Department, told the Guardian that there “is always the Attorney General” to refer cases if D.A.’s feel conflicted. “George Gascón is a very upstanding individual who has also worked for the Los Angeles Police Department and was Chief of Meza, Arizona, and has done a good job in every place he’s been,” Herley said during a pre-summit interview. “So, if he sees a conflict arise, he’d probably recuse himself. It’s the public perception that’s key, that’s paramount.”

During the summit’s panel on ethics, retired San Francisco Superior Court judge Lee Baxter grilled panelists with incisive questions—as befits any self-respecting judge, retired or otherwise–on whether police misconduct is the product of a departmental culture. Noting that there had been a seemingly non-stop string of alleged police misconduct scandals in the Bay Area from drug thefts, dirty D.U.I cases, stolen drugs and setting up a brothel, Baxter observed, “If I saw a movie that included all those things, I’d think that this is not realistic.”

And there was a perhaps surprising amount of stated consensus about what needs to happen next from panelists Woo, Herley, defense attorney Stuart Hanlon, newly sworn-in SFPD Chief Greg Suhr, Anne Irwin, an attorney at the Public Defender’s Office, and John Burris, an Oakland-based civil rights attorney who is renowned for representing plaintiffs in police brutality cases.

Baxter asked the panelists why abuse of power happens, and whether, when we see media accounts of alleged police misconduct, we see the most extreme cases.

Hanlon kicked off by referring to the case of Elmer “Geronimo” Pratt, a former high ranking member of the Black Panther Party, who was tried and convicted of the kidnap and murder of Caroline Olsen in 1972, and spent 27 years in prison, eight in solitary confinement, until 1997 when his conviction was vacated on the grounds that the prosecution concealed evidence that might have exonerated him. In particular, the government had not disclosed that a key witness against Pratt, Julius Butler, was an informant for both the FBI and the LAPD. Pratt eventually received $4.5 million as settlement for false imprisonment—the city of L.A. paid $2.75 million, the U.S. Department of Justice paid $1.75 million.

“We learned that law enforcement officers had hidden evidence, let people commit perjury, and destroyed evidence to convict someone who was innocent, “ Hanlon recalled, noting how when he first worked on the case, folks wondered if Pratt’s claim of innocence was simply part of a big conspiracy theory. “But it was not, it was men and women who thought the ends justified the means” Hanlon said, noting that the “bad apples” theory is typically trotted out during investigations into alleged police misconduct. “But officers see people who they think are bad people, and they feel they must whatever it takes,” Hanlon continued. “Primarily, most law enforcement people are good, but sometimes you get good cops lying to protect bad cops. It’s a dilemma, this concept of ‘what we do we need to do, this ‘us versus them’ concept.”

Hanlon claimed that officers don’t think citizens who live in SROs (single room occupancy hotels) have the same rights as folks in Pacific Heights.
“They think it’s OK to break down doors because these are drug dealers,” he said. And he noted that the recent string of back-to-back scandals are unusual in their proximity but are not unusual, generally speaking. “I’m not an apologist for (Chief) Suhr or the D.A., but I’ve seen these problems forever, and without trust law enforcement doesn’t work,” Hanlon concluded.

Next, Baxter put Suhr in the hot seat by asking him what to do about the “ends justify the means concept”. At which point Suhr, who has been Chief for less than two weeks, observed that the summit, which was packed to the gills with defense and civil rights attorneys, was “a bit of an away game for me, but it’s O.K., I can handle it.” He noted that only 1 in 11 applicants make it through the SFPD Police Academy, where folks undergo 1,100 hours of training, including sessions on abuse of power and responsibilities. “But if something is proven, it’s my intention not to have those officers in the SFPD any more,” Suhr said.

Retired Tiburon Chief Pete Herley revealed that during his decades-long police career, he blew the whistle when three officers nearly beat a gay man to death. “I suffered the consequences for many years,” he said. “It’s very lonely getting death threats, it’s very lonely when you don’t get the backing of fellow officers.”

Herley claimed times have changed a lot. “Change starts in the Academy and the selection of officers, and you have no other law enforcement officers that get more scrutiny, background checks m psychological checks and an 18-month probation period,” he said.

He noted that police chiefs inherit a departmental culture, whether they come into the post from the inside or the outside of the department. And that while the number of officers involved in misconduct is small, “it makes good press.” 

“I really feel one needs to be more loyal to integrity than to people,” Herley continued, noting that his parents were Holocaust survivors, and that his father was aghast when he decided to become a police officer. “But I had certain values and I don’t expect anything less from other people. I expect that every department has something in their rules and regulations that directs their officers that if they see misconduct, it’ll be stopped and the action will be reported immediately to the Chief.

Baxter asked Woo what the D.A. should do, if there is a problem.“All we are is our integrity, our ability to communicate and put forth evidence to juries “ Woo observed, noting that she has been on the frontlines as allegations about the crime lab, the Henri Hotel, and now potential theft, surfaced. “We find ourselves very reactive,” Woo observed, noting that if officers are not being truthful, the D.A.’s office has to look at all the cases they were involved in. “So it really impacts public safety and how all of us view the criminal justice system,” Woo said, noting that officers involved in the Henri Hotel allegations taken off the street.“But we have no interest in prosecuting individuals if it’s not based on solid evidence,” Woo said.

She recommended proactive steps like getting involved in Police Academy training on the law, and what officers can and cannot do, and giving officers tools to make good decisions and arrests, so there is integrity in the system. “If there isn’t, we all lose, not just the criminal justice system, but the entire community,” Woo observed, noting that as SFPD Chief, “Gascón instituted lots of policies to make sure people are doing an appropriate level of review.”

Baxter asked Anne Irwin, an attorney in the Public Defender’s Office, about their office’s role in bringing abuse of power to the attention of the public. “The Public Defender has a unique and natural role as a messenger,” Irwin replied. “We have more meaningful interaction with the victims of police misconduct than anyone else in the criminal justice system. We get into the intimate details of their lives, we develop a relationship of trust, so they confide their stories about police misconduct. And those stories are commonplace.”

Irwin noted that these stories include a disrespect for the Fourth Amendment, perjury and theft. “When you hear those stories over and over, there’s a ring of truth, a consistency,” Irwin said, noting that this is not the first time officers have been captured on camera. “We didn’t say, let’s amass a bunch of evidence. We just basically did our job. Residents told us what someone said in a report is not what happened, so we got videos from Dec. 23 and Jan. 5, and lo and behold, every word was true, two for two.”

Irwin noted that there are many good officers in the SFPD, but questioned whether a culture develops in certain departments, including the plain-clothes units, that allows misconduct to happen. “Without the videos officers would not have had to answer for their conduct,” she observed.

Baxter asked Suhr what it is about the culture that makes some cops go rogue. “Did they work there too long, were the temptations too much?” she asked.

Suhr replied that he worked in narcotics for a long time, and recovered $1.4 million in cash from an apartment in the Western Addition. “I never took a dime, and I am confident that the officers I worked with were of the highest caliber,” he said. “To paint a 2,000-person organization with a broad brush is unfair,” he added. “In the legal profession, every once in a while, you see ugly stories there too.”

Burris, who filed a $25 million wrongful death claim against BART on behalf of Oscar Grant’s family, noted that he has been involved in about 1,000 police misconduct cases in the Bay Area. “A culture exists about how you treat minority communities, “ he said, noting that he had represented black and brown clients for over 20 years. “A culture where you beat people and nothing is done, and you get away with it.”

Burris believes the problem lies in how policies are imposed, as he claimed that when officers join departments they are told to forget what they were taught in the Academy.“This is what you do on the streets,” he said.

Baxter observed that she has seen movies about the code of silence and wondered if it actually exists in police departments. “I don’t think so generally,” Suhr said. “There’s peer pressure to be sure. A regular citizen has a right not to self incriminate, and in the Police Department you can say that, but you are immediately sent to Internal Affairs, where you are told, tell me what happened or you are fired. So, today, the light is shining on us 100 percent of the time.”

Herley noted that his concern lay with situations in which officers see something, but don’t say anything. “I never thought I’d sit here and agree with every word John Burris says, but it starts at the top, and has to be enforced throughout the organization.”

Herley said the two best tools to prevent indiscretions and ensure responsibility are tape recorders and video cameras. “There’s certification of exactly what happened.” As for questions of how much it would cost to outfit officers with this recording equipment, Herley said, “ What is the cost of a lawsuit, the cost the perception of a loss of integrity to a department?”

Are you ready for the Rapture?

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I’m ready for the Rapture. I hope Harold Camping and devotees to his Oakland-based Family Radio Worldwide are right that Judgment Day is this Saturday, May 21, both for their sake and that of the godless heathens like myself who will be left behind. We’re like a bitter married couple that needs a divorce, which will probably be hard, but it’s what’s best for our children and grandchildren.

They’re tired of hearing us fight about government, fiscal policy, abortion, sex, climate change, war, welfare, crime, capitalism, and, well, just about every major issue of our day. And I’m tired of fighting. I think it’s time that all the Christians had their kingdom – with God, clouds, harps, and eternal peace – and we had ours, with Satan, fire, guitars, and an eternal party. I think we’ll all be much happier that way.

Of course, not being a man of faith, I gotta say that I suspect the world is pretty much gonna look the same on May 22 and we’re still gonna be stuck here together in this loveless marriage that we call the United States of America. Believe me, I hope I’m wrong. Nobody is going to cheer louder than me when I we watch all the Christians ascend and we’re left to somehow make a go of things without them.

If I see Jesus I’ll give him a warm welcome back and freely admit that I’m not worthy a heaven restricted to Christian true believers, thanks but no thanks. Being a journalist, I’d love to ask him a few questions about what he thinks of the war-mongering, poor-stomping version of Christianity that seems to have replaced his original teachings, but I’ll be respectful because I know he’ll be a busy man, or spirit or whatever. But obviously this would be a big story and I’d like to get a few choice quotes.

So, Harold and company, I’m even going to say a little prayer for you and hope that helps bring on the Rapture. Good luck, safe travels, I hope you’re all very happy up there and you no longer feel compelled to smite us or encourage God to heap any more wrath on us. I’m sure this is all for the best. Amen.

Held underwater

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sarah@sfbg.com

Since the recession began four years ago, 2,000 homes have been lost to foreclosure in San Francisco. These numbers sound insignificant compared to other counties in the Bay Area, but they primarily have hit communities of color already struggling to remain in this expensive city.

As panelists at a recent seminar on foreclosures noted, the first wave hit the Bayview and the Excelsior, while the second hit the Richmond and the Sunset. And as the recession drags on and more borrowers go underwater, another 2,000 foreclosures are on the local horizon.

Although foreclosures continue to destabilize communities and drain resources from local governments, the banking lobby continues to oppose legislative reforms that would allow more people to remain in their homes. And this deep-pocketed resistance has labor, religious, and educational organizations forming the New Bottom Line coalition in an effort to find grassroots solutions to the crisis.

“Foreclosures are the new f-word,” said Regina Davis, CEO of Bayview’s San Francisco Housing Development Corporation, at SFHDC’s April 29 foreclosure seminar.

Sups. John Avalos and Malia Cohen illustrated that there is no shortage of horror stories about predatory lending and dual tracking, in which borrowers apply for loan modifications while the bank continues to pursue foreclosure. Representatives for Sup. Ross Mirkarimi and Assessor-Recorder Phil Ting noted that the banking lobby has blocked even the most modest reforms, even as uncertainty continues to devastate the housing market.

Avalos said his family underwent a housing crisis in 2009, when his wife left her job to home school their special-needs daughter. “We tried to get a loan modification and were told we could only get it by going into default,” he said, recalling how Mission Economic Development Agency (MEDA) helped them navigate the process. “If this could happen to an elected official, it could happen to anyone.”

Cohen, who lost her condo in the Bayview to foreclosure earlier this year, described foreclosure as “an incredible beast that has ravaged and wrecked the finances of many Latino, African American, and Asian communities who were sold the American dream of homeownership but then had the rug pulled away.”

Mirkarimi aide Robert Selna, a former San Francisco Chronicle reporter, said the banking industry spent $70 million last year to kill legislation by state Sen. Mark Leno (D-SF) and Senate President Darrell Steinberg (D-Sacramento) to end dual tracking. This year, the industry has been opposing SB729, Leno and Steinberg’s latest attempt to require banks to give people a definitive answer on loan modification, identify who owns the loan, and give borrowers legal recourse if banks don’t take these steps.

“SB729 gets to the heart of helping to keep people in their homes, but it’s difficult to combat the spending power of the banking industry,” Selna said.

Ben Weber, an analyst in the Assessor-Recorder’s Office, said approximately 277,000 homes in California are going through the foreclosure process; an estimated 1.8 million California residents are underwater on their mortgage; and California is sixth in “negative equity” nationwide. “Negative equity is one of the best indicators of foreclosures — so can we expect another 1.5 million to 1.6 million foreclosures statewide?” he asked.

Weber noted that Ting is supporting AB 1321 by Assemblymember Bob Wieckowski (D-Fremont), which would require that all mortgage assignments be recorded within 30 days of their execution; prevent notices of default from being recorded until 45 days after any deed of trust has been recorded; and provide consumers with better transparency about who owns their debt. Yet Ting’s office reports that the banking industry has lobbied against this and other foreclosure-related legislation

Weber said the legislation is a response to problems with the industry’s Mortgage Electronic Registration System (MERS), which was introduced 15 years ago. “The mortgage industry wanted to expedite the transfer of mortgages between entities so that they could be sold and resold on Wall Street,” Weber said, noting that the system also allowed the industry to avoid paying recording fees to counties.

MERS records an average of 6,700 deeds of trust annually in San Francisco, and MERS deeds of trust are usually transferred two to four times, Weber observed. “So MERS members avoided — conservatively — $134,000 per year in fees.”

Grace Martinez of Alliance of Californians for Community Empowerment noted that the banking lobby already killed AB935 by Assemblymember Bob Blumenfield (D-Northridge), which sought to charge a $20,000 fee to compensate for the estimated cost of a foreclosure to local government. “That money would have gone back to the city,” she said.

In an April 14 letter, the banking lobby claimed Blumenfield’s bill was a tax that increases the costs of homeownership for new borrowers. “It also serves to discourage the importation of capital into California at a time when the federal government is winding down their involvement in mortgage finance and protracts and complicates California’s economic recovery,” stated the letter, which the California Bankers Association, the California Chamber of Commerce, and other business groups signed.

But Dan Byrd, research director at Berkeley’s Greenlining Institute, reminded the mostly black and brown crowd at SFHDC’s foreclosure seminar that declining property values due to foreclosures have drained $193 billion from African American and $180 billion from Latino communities nationwide. “Folks from these communities who had credit good enough to qualify for a prime loan were given subprime loans with adjustable mortgage rates,” he said

Byrd stressed that homeowners facing foreclosures need to be more financially literate. “A lot of loan documents are written in language that people can’t understand, and they don’t have the money to hire a lawyer,” Byrd said, as he urged politicians to fund organizations that provide financial counseling and education. “Our elected federal officials just cut the budget that supports SFHDC and similar groups.”

SFHDC housing counselor Ed Donaldson said appraisal values make it hard to sell the below-market-rate units that are coming online. “So if we don’t do something about the foreclosure problem, the housing market will continue to unwind,” he said, urging people to protests banks and show up at City Hall and in Sacramento to support reform.

The Rev. Arnold Townsend, vice president of the local branch of the National Association for the Advancement of Colored People, said San Francisco likes to pretend that the foreclosure crisis didn’t really affect the city. “But it did,” he said. “It badly hit people of color that the city, by its policies, doesn’t seem to care if they leave.”

Attorney Henri Norris noted that bankruptcy can be an alternative to foreclosure. “A bankruptcy can stop a foreclosure, at least temporarily,” Norris said. He recommends that people make their loans current and try to get a loan modification approved. “But it’s going to take running a marathon.”

Avalos, who is running for mayor, noted that the city does not fund enough affordable housing and he proposed an affordable housing bond that would include assistance for mortgage assistance, ownership downpayment, seismic retrofitting, and energy efficiency. “I understand that voters see no personal benefit, but it would raise wealth in property values,” he said.

Cohen observed that the federal Homeowners Affordable Modification Program (HAMP), which President Obama unveiled in March 2009, “hasn’t worked” and that most of the important reform proposals are “happening at the state level.” She encouraged people to show support for SB729, but wasn’t ready to declare support for Avalos’ housing bond.

“I want to make sure the climate is ripe, that Sups. Carmen Chu and Eric Mar are included, because their districts will be impacted by foreclosures, and that the support is broad-based,” she said. “But folks can divest from banks that have not treated us right.”

Noting that divestment was the most effective way to end apartheid in South Africa, SFHDC’s Davis invited seminar participants to a free screening of Charles Ferguson’s documentary Inside Job, which shows how subprime loans, dual tracking, and mortgage bundling triggered the 2008 financial meltdown — and how many of the main players are still calling the shots.

But despite SFHDC’s informative seminar and the New Bottom Line campaign’s May 3 protest at Wells Fargo’s annual shareholder meetings in San Francisco, SB729 failed to make it out of committee May 4, when Sen. Alex Padilla (D-Van Nuys) announced he would introduce an alternative dual tracking bill. In addition, Wieckowski turned his MERS reform into a two-year bill, suggesting the votes weren’t there to approve it.

Paul Leonard, California director of the Center for Responsible Lending, observed that SB729 supporters include a broad array of consumer, civil rights, labor, faith-based groups, and homeowners, but the only groups in opposition were the California Bankers Association, the Mortgage Bankers Association, and the Chamber of Commerce.

“I find it remarkable that after the exposure of deep-seeded scandals about robo-signing and the systematic shortcomings of mortgage loan service operators, none of the bills intended to address these issues got out of their first committee hearing,” Leonard said.

In an April 20 letter, the banking lobby claimed that SB729 was “unnecessarily complex,” could overlap and contradict actions by federal regulators and state attorneys general, and promote strategic defaults that would negatively affect communities and cloud title for a year following a foreclosure, leaving properties vacant.

Dustin Hobbs of the California Mortgage Bankers Association claims the average time for a foreclosure is more than 300 days. “This would have dragged it out further, and the last thing we need is more vacant homes and more homes in foreclosure,” he said.

Ting noted that Wieckowski made the call to turn AB1321 into a two-year bill. “But you would have thought we were offering the end of home ownership,” Ting said, noting that the banking industry was shocked when advocates produced a MERS memo that encourages banks to record documents and pay fees. “It basically recommended our legislation,” Ting observed.

“Assignments out of MERS name should be recorded in the county land records, even if the state law does not require such a recording,” a Feb. 16 MERS memo said.

Ting describes MERS as “a Wall Street set-up, the ultimate in smoke and mirrors.”

“We did a little poking around in MERS and found that it would help if the name of the loan owner was recorded,” Ting said, noting that the confusion MERS created is bad for consumers, the real estate industry, and homeowners.

“Part of the problem is computer systems doing what banks used to do,” Ting said. “It ended up with robo-signing and foreclosures being sent to the wrong people. I thought AB1321 was a no-brainer, but we had to take it to five or six legislators before anyone would pick it up. This is a prime example of how a particular industry has made a huge amount of money and is unwilling to bend any rules to give consumers any recourse.”

But CMBA’s Hobbs described AB1321 as “part of a broader attack on MERS.” And an April 21 opposition letter from the banking industry describes it as “creating impediments for attracting capital to California’s mortgage marketplace and imposing significant new workloads on county recorders and clerks.”

Ting says he has heard lobbyists make that argument. “But my assessor recorders organization supported it — and they are mostly not elected officials,” he said, noting the group usually doesn’t get involved in promoting legislation.

Ting admits that it’s hard to get the national reforms that are needed. “San Francisco still has a big part to play. And our legislators are still very powerful, so we have no excuse not to be fighting in Sacramento where the Democrats have a supermajority. I mean, how could these bills not get out of committee? It’s not like we didn’t take amendments, but no level of amendments would have made anything happen.”

“Foreclosures typify this financial and political era,” he continued. “They are about all the things we should have seen coming — and some of us did. But even then, and now, there is political amnesia. For all the families that lost their homes, shouldn’t we do something to make sure this doesn’t happen again? Wall Street was bailed out two years ago, but Main Street is still waiting.”

Editor’s notes

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tredmond@sfbg.com

When California Senate President Darrel Steinberg introduced a bill this spring that would allow local government agencies to impose a wide range of new taxes, I didn’t think anyone would take it seriously (including the author). It seemed, unfortunately, to be a piece of political theater and possibly some high-stakes poker. With a simple majority vote, the Democrats could infuriate Republicans by finding a back-door way to raise taxes. Maybe that would bring the recalcitrant, obstructionist GOP to the budget table.

Instead, an amazing thing has happened: SB653 is moving forward, and community groups, politicians, and the news media are all getting involved in a critical debate: how should a state with almost 40 million people whose representatives can’t even agree on a basic vision for anything be managed and governed?

Gov. Jerry Brown, in one of his populist streaks, says he wants government to be closer to the people — that is, let local agencies run things. That runs counter to the liberal agenda of the past half-century or so, a time when the federal government stepped in to ensure civil rights in the South, the state government stepped in to mandate educational equality, and all of us wanted to be sure that poor areas got their share of the social wealth. Segregationists wanted “states rights.” Rich conservatives wanted local control over school funding.

But the world goes around and around, and the reality on the ground and in the political air changes, and these days the crucial issue, the defining issue, in the United States is wealth inequality and taxation — and the hard-right GOP has a stranglehold on both Washington and Sacramento. Meanwhile, cities are leading the way on civil rights issues — San Francisco, for example, defied both state and federal law to allow same-sex marriage and continues to fight for a saner immigration policy, even if that means opting out of a federal law-enforcement program.

The San Francisco Chronicle ran an editorial May 15 opposing SB653, arguing that it will benefit wealthier counties (which, oddly enough these days, elect pro-tax Democrats) at the expense of poorer counties (which elect conservative Republicans). That may be true, but there’s another way to look at it.

I’m not suggesting that the state cut spending in rural and low-income areas, and neither is Steinberg. The idea is that the state’s support for local government should be a floor — a solid floor — but not a ceiling. I’m fine with some of my tax money going to areas with a lower tax base and serious economic problems, even if the people who live there elect Neanderthals to the state Legislature. But if those of us in more liberal communities want to pay more for better services, why shouldn’t we have that option?

And if some of us think this state is too big to govern anymore and ought to be split up anyway, this seems an excellent way to start having that discussion. 

 

Film Listings

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Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Peter Galvin, Max Goldberg, Dennis Harvey, Johnny Ray Huston, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. For rep house showtimes, see Rep Clock. For first-run showtimes, see Movie Guide.

OPENING

American: The Bill Hicks Story The late comedian gets his due in this documentary about his life and career. (1:41) Sundance Kabuki.

*L’Amour Fou See “The Long Goodbye.” (1:43) Embarcadero.

The First Grader After a government announcement offering free elementary school educations to all Kenyans, an elderly man, Maruge (Oliver Litondo), shuffles to the nearest rural classroom in search of reading lessons. Though school officials (and parents, miffed that the man would take a child’s place in the already overcrowded system) protest, open-minded head teacher Jane (Naomie Harris) allows him to stay and study. Maruge’s freedom-fighter past, which cost him his family at the brutal hands of the British, is an important part of this true story, which otherwise would’ve felt a bit too heavy on the heartwarming tip. (His classmates, actual students at the school used for filming, are pretty unavoidably adorable.) As directed by Justin Chadwick (2008’s The Other Boleyn Girl ), Harris and Litondo turn in passionate performances, but the film unfolds like a heavy-handed TV movie. The facts of this story are inspiring enough — the film shouldn’t have to try so hard. (1:43) Embarcadero. (Eddy)

Pirates of the Caribbean: On Stranger Tides Jack’s back. (2:05) Balboa, Presidio.

*13 Assassins See “Bastard Samurai.” (2:06) Embarcadero.

The Topp Twins: Untouchable Girls It’s hard to name an American equivalent of New Zealand’s Topp Twins — a folk-singing, comedy-slinging, cross-dressing duo who’re the biggest Kiwi stars you’ve never heard of (but may be just as beloved as, say, Peter Jackson in their homeland). Recent inductees in the New Zealand Music Hall of Fame, the fiftysomething Jools and Lynda, both lesbians, sing country-tinged tunes that slide easily from broad and goofy (with an array of costumed personas) to extremely political, sounding off on LGBT and Maori rights, among other topics. Even if you’re not a fan of their musical style, it’s undeniable that their identical voices make for some stirring harmonies, and their optimism, even when a serious illness strikes, is inspiring. This doc — which combines interviews, home movies, and performance footage — will surely earn them scores of new stateside fans. (1:24) Lumiere. (Eddy)

ONGOING

The Beaver It’s been more than 15 years since Jodie Foster sat in the director’s chair; she’s back with The Beaver, which tells the unique story of Walter Black (Mel Gibson), a clinically depressed man who struggles through his suicidal desires with the help of a beaver puppet. Walter uses the puppet — which he also voices — as a way of connecting with his family and the outside world. The film examines both the comedic aspects and the devastating reality of mental illness, and the script walks the line between dark and light — it’s the first feature from Kyle Killen, who created the critically adored but short-lived TV series Lone Star. The Beaver gets points for ambition, but it’s ultimately too all over the place to come together in the end. The moments of humanity are undercut by scenes of Walter and his wife Meredith (Foster) having sex with the puppet in the bed — intentionally funny, but jarring nonetheless. Still, Foster’s direction is solid and, for all its faults, The Beaver is a great reminder of Gibson’s legitimate talent. (1:31) SF Center, Sundance Kabuki. (Peitzman)

*Bill Cunningham New York To say that Bill Cunningham, the 82-year old New York Times photographer, has made documenting how New Yorkers dress his life’s work would be an understatement. To be sure, Cunningham’s two decades-old Sunday Times columns — “On the Street,” which tracks street-fashion, and “Evening Hours,” which covers the charity gala circuit — are about the clothes. And, my, what clothes they are. But Cunningham is a sartorial anthropologist, and his pictures always tell the bigger story behind the changing hemlines, which socialite wore what designer, or the latest trend in footwear. Whether tracking the near-infinite variations of a particular hue, a sudden bumper-crop of cropped blazers, or the fanciful leaps of well-heeled pedestrians dodging February slush puddles, Cunningham’s talent lies in his ability to recognize fleeting moments of beauty, creativity, humor, and joy. That last quality courses through Bill Cunningham New York, Richard Press’ captivating and moving portrait of a man whose reticence and personal asceticism are proportional to his total devotion to documenting what Harold Koda, chief curator at the Costume Institute at the Metropolitan Museum of Art, describes in the film as “ordinary people going about their lives, dressed in fascinating ways.” (1:24) Embarcadero. (Sussman)

*Bridesmaids For anyone burned out on bad romantic comedies, Bridesmaids can teach you how to love again. This film is an answer to those who have lamented the lack of strong female roles in comedy, of good vehicles for Saturday Night Live cast members, of an appropriate showcase for Melissa McCarthy. The hilarious but grounded Kristen Wiig stars as Annie, whose best friend Lillian (Maya Rudolph) is getting hitched. Financially and romantically unstable, Annie tries to throw herself into her maid of honor duties — all while competing with the far more refined Helen (Rose Byrne). Bridesmaids is one of the best comedies in recent memory, treating its relatable female characters with sympathy. It’s also damn funny from start to finish, which is more than can be said for most of the comedies Hollywood continues to churn out. Here’s your choice: let Bridesmaids work its charm on you, or never allow yourself to complain about an Adam Sandler flick again. (2:04) Balboa, Empire, Four Star, 1000 Van Ness, Sundance Kabuki. (Peitzman)

*Cave of Forgotten Dreams The latest documentary from Werner Herzog once again goes where no filmmaker — or many human beings, for that matter — has gone before: the Chauvet-Pont-d’Arc Cave, a heavily-guarded cavern in Southern France containing the oldest prehistoric artwork on record. Access is highly restricted, but Herzog’s 3D study is surely the next best thing to an in-person visit. The eerie beauty of the works leads to a typically Herzog-ian quest to learn more about the primitive culture that produced the paintings; as usual, Herzog’s experts have their own quirks (like a circus performer-turned-scientist), and the director’s own wry narration is peppered with random pop culture references and existential ponderings. It’s all interwoven with footage of crude yet beautiful renderings of horses and rhinos, calcified cave-bear skulls, and other time-capsule peeks at life tens of thousands of years ago. The end result is awe-inspiring. (1:35) SF Center, Sundance Kabuki. (Eddy)

The Conspirator It may not be your standard legal drama, but The Conspirator is a lot more enjoyable when you think of it as an extended episode of Law & Order. The film chronicles the trial of Mary Surratt (Robin Wright), the lone woman charged in the conspiracy to assassinate Abraham Lincoln. It’s a fascinating story, especially for those who don’t know much of the history past John Wilkes Booth. But while the subject matter is compelling, the execution is hit-or-miss. Wright is sympathetic as Surratt, but the usually great James McAvoy is somewhat forgettable in the pivotal role of Frederick Aiken, Surratt’s conflicted lawyer. It’s hard to say what it is that’s missing from The Conspirator: the cast — which also includes Evan Rachel Wood and Tom Wilkinson — is great, and this is a story that’s long overdue to be told. Still, something is lacking. Could it be the presence of everyone’s favorite detective, the late Lennie Briscoe? (2:02) Four Star, Opera Plaza. (Peitzman)

*The Double Hour Slovenian hotel maid Sonia (Ksenia Rappoport) and security guard Guido (Filippo Timi) are two lonely people in the Italian city of Turin. They find one another (via a speed-dating service) and things are seriously looking up for the fledgling couple when calamity strikes. This first feature by music video director Giuseppe Capotondi takes a spare, somber approach to a screenplay (by Alessandro Fabbri, Ludovica Rampoldi, and Stefano Sardo) that strikingly keeps raising, then resisting genre categorization. Suffice it to say their story goes from lonely-hearts romance to violent thriller, ghost story, criminal intrigue, and yet more. It doesn’t all work seamlessly, but such narrative unpredictability is so rare at the movies these days that The Double Hour is worth seeing simply for the satisfying feeling of never being sure where it’s headed. (1:35) Clay, Smith Rafael. (Harvey)

*Everything Must Go Just skirting the edge of sentimentality and banality, Everything Must Go aims to do justice by its source material: Raymond Carver’s rueful, characteristically spare short story, “Why Don’t You Dance?,” from the 1988 collection Where I’m Calling From. And it mostly succeeds with some restraint from its director-writer Dan Rush, who mainly helmed commercials in the past. Everything Must Go gropes toward a cinematic search for meaning for the Willy Lomans on both sides of the camera — it’s been a while since Will Ferrell attempted to stretch beyond selling a joke, albeit often extended ones about masculinity, and go further as an actor than 2006’s Stranger Than Fiction. The focus here turns to the despairing, voyeuristic whiskey drinker of Carver’s highly-charged short story, fills in the blanks that the writer always carefully threaded into his work, and essentially pushes him down a crevasse into the worst day of his life: Ferrell’s Nick has been fired and his wife has left him, changing the locks, putting a hold on all his bank accounts, and depositing his worldly possessions on the lawn of their house. Nick’s car has been reclaimed, his neighbors are miffed that he’s sleeping on his lawn, the cops are doing drive-bys, and he’s fallen off the wagon. His only reprieve, says his sponsor Frank (Michael Pena), is to pretend to hold a yard sale; his only help, a neighborhood boy Kenny who’s searching for a father figure (Christopher Jordan Wallace, who played his dad Notorious B.I.G. as a child in 2009’s Notorious) and the new neighbor across the street (Rebecca Hall). Though Rush expands the characters way beyond the narrow, brilliant scope of Carver’s original narrative, the urge to stay with those fallible people — as well as the details of their life and the way suburban detritus defines them, even as those possessions are forcibly stripped away — remains. It makes for an interesting animal of a dramedy, though in Everything Must Go‘s search for bright spots and moments of hope, it’s nowhere near as raw, uncompromising, and tautly loaded as Carver’s work can be. (1:36) Sundance Kabuki. (Chun)

Fast Five There are plenty of laugh-out-loud moments in Fast Five, in addition to a much demolition derby-style crunch — instances that stretch credulity and simultaneously trigger a chuckle at the OTT fantasy of the entire enterprise. Two unarmed men chained to the ceiling kick their way out of a torture cell, jump favela rooftops to freedom with nary a bullet wound in sight, and, in the movie’s smash-’em-up tour de force, use a bank vault as a hulking pair of not-so-fuzzy dice to pulverize an unsuspecting Rio de Janeiro. Not for nothing is rapper Ludacris attached to this franchise — his name says it all (why not go further than his simple closing track, director Justin Lin, now designated the keeper of Fast flame, and have him providing the rap-eratic score/running commentary throughout?) In this installment, shady hero Dominic (Vin Diesel) needs busting out of jail — check, thanks to undercover-cop-turned-pal Brian (Paul Walker) and Dominic’s sis Mia (Jordana Brewster). Time to go on the lam in Brazil and to bring bossa nova culture down to level of thieving L.A. gearheads, as the gearhead threesome assemble their dream team of thieves to undertake a last big heist that will set ’em up for life. Still, despite the predictable pseudo-twists — can’t we all see the bromance-bonding between testosteroni boys Diesel and Dwayne Johnson coming from miles of blacktop away? — there’s enough genre fun, stunt driving marvels, and action choreography here (Lin, who made his name in ambitious indies like 2002’s Better Luck Tomorrow, has developed a knack for harnessing/shooting the seeming chaos) — to please fans looking for a bigger, louder kick. (1:41) 1000 Van Ness. (Chun)

Forks Over Knives Lee Fulkerson steps up as the latest filmmaker-turned-guinea-pig to appear in his own documentary about nutrition. As he makes progress on his 12-week plan to adopt a “whole foods, plant-based diet” (and curb his Red Bull addiction), he meets with other former junk food junkies, as well as health professionals who’ve made it their mission to prevent or even reverse diseases strictly through dietary changes. Along the way, Forks Over Knives dishes out scientific factoids both enlightening and alarming about the way people (mostly us fatty Americans, though the film investigates a groundbreaking cancer study in China) have steadily gotten unhealthier as a direct result of what they are (or in some cases, are not) eating. Fulkerson isn’t as entertaining as Morgan Spurlock (and it’s unlikely his movie will have the mainstream appeal of 2004’s Super Size Me), but the staunchly pro-vegan Forks Over Knives certainly offers some interesting, ahem, food for thought. (1:36) Bridge. (Eddy)

*Hanna The title character of Hanna falls perfectly into the lately very popular Hit-Girl mold. Add a dash of The Boys from Brazil-style genetic engineering — Hanna has the unfair advantage, you see, when it comes to squashing other kids on the soccer field or maiming thugs with her bare hands — and you have an ethereal killing/survival machine, played with impassive confidence by Atonement (2007) shit-starter Saoirse Ronan. She’s been fine-tuned by her father, Erik (Eric Bana), a spy who went out into the cold and off the grid, disappearing into the wilds of Scandinavia where he home-schooled his charge with an encyclopedia and brutal self-defense and hunting tests. Atonement director Joe Wright plays with a snowy palette associated with innocence, purity, and death — this could be any time or place, though far from the touch of modern childhood stresses: that other Hannah (Montana), consumerism, suburban blight, and academic competition. The 16-year-old Hanna, however, isn’t immune from that desire to succeed. Her game mission: go from a feral, lonely existence into the modern world, run for her life, and avenge the death of her mother by killing Erik’s CIA handler, Marissa (Cate Blanchett). The nagging doubt: was she born free, or Bourne to be a killer? Much like the illustrated Brothers Grimm storybook that she studies, Hanna is caught in an evil death trap of fairytale allegories. One wonders if the super-soldier apple didn’t fall far from the tree, since evil stepmonster Marissa oversaw the program that produced Hanna — the older woman and the young girl have the same cold-blooded talent for destruction and the same steely determination. Yet there’s hope for the young ‘un. After learning that even her beloved father hid some basic truths from her, this natural-born killer seems less likely to go along with the predetermined ending, happy or no, further along in her storybook life. (1:51) 1000 Van Ness, SF Center. (Chun)

*Hesher Young teen TJ (Devin Brochu) has lost his mom, and her shockingly sudden passing has sent his entire family into a tailspin. His father (Rainn Wilson) can barely rouse himself from his heavily medicated stupor, while his lonely grandmother (Piper Laurie) is left to care for the wrecked men folk as best she can. All TJ can do is to try to desperately hang onto the smashed car that has been sold to the used car salesman and then the junkyard. So it almost seems like a dream when he catches the attention of an aloof, threatening metalhead named Hesher (a typecast-squashing, perfectly on-point Joseph Gordon-Levitt), squatting in an empty suburban model home. Hesher threatens to kill him, then moves in, becoming his so-called “friend” and brand-new, unwanted shadow. What’s a grieving family lost in its own tragic inertia supposed to do with a home invasion staged by an angry, malevolent spirit? Coming to terms with Hesher’s presence becomes a lot like going through Kubler-Ross’s five stages of grief: there’s the denial that he’s taken over the living-room TV and rejiggered the cable to get a free porn channel, the anger that he’s set fire to your enemy’s hot rod and left you at the scene of the crime, and lastly the acceptance that there’s no good, right, or unmessy way to say goodbye. Director Spencer Susser (with co-writer David Michod of 2010’s Animal Kingdom) modeled the character of Hesher after late Metallica bassist Cliff Burton, and that fact, along with the film’s independent-minded spirit, is probably one of the reasons why Metallica allowed more than one of their songs to be used in the film. Hesher itself also likely had something to do with it: if the intrigue with heavy-metal-parking-lot culture doesn’t do donuts in your cul-de-sac, then the sobering story might. (1:45) Embarcadero. (Chun)

*Incendies When tightly wound émigré Nawal (Luba Azabal) dies, she leaves behind adult twins Jeanne (Mélissa Désormeaux-Poulin) and Simon (Maxim Gaudette) — and leaves them documents that only compound their feelings of grief and anger, suggesting that what little they thought they knew about their background might have been a lie. While resentful Simon at first stays home in Montreal, Jeanne travels to fictive “Fuad” (a stand-in for source-material playwright Wajdi Mouawad’s native Lebanon), playing detective to piece together decades later the truth of why their mother fled her homeland at the height of its long, brutal civil war. Alternating between present-day and flashback sequences, this latest by Canadian director Denis Villeneuve (2000’s Maelstrom) achieves an urgent sweep punctuated by moments of shocking violence. Resembling The Kite Runner in some respects as a portrait of the civilian victimization excused by war, it also resembles that work in arguably piling on more traumatic incidences and revelations than one story can bear — though so much here has great impact that a sense of over-contrivance toward the very end only slightly mars the whole. (2:10) Lumiere. (Harvey)

Jumping the Broom (1:48) 1000 Van Ness.

Last Night Married for three years and together “since college,” New York City yuppies Michael (Sam Worthington) and Joanna (Keira Knightley) have a comfortable, loving relationship, though it’s unclear how much passion remains. Still, it doesn’t take much for Joanna to bristle jealously when she meets Michael’s co-worker and frequent business-trip companion, Laura (Eva Mendes). As Michael and Laura flirt their way to an overnight meeting in Philly, Joanna runs into an old flame (Guillaume Canet); before long, it becomes a cross-cutting race to see who’ll cheat first. Writer-director Massy Tadjedin isn’t spinning a new story here — and though the film offers a sleek look at contemporary marriage, Last Night takes itself a tad too seriously, purporting to showcase realistic problems and emotions amid a cast beamed directly from Planet Gorgeous Movie Star. Beautiful people: they’re just like us? (1:30) Sundance Kabuki. (Eddy)

*Limitless An open letter to the makers of Limitless: please fire your marketing team because they are making your movie look terrible. The story of a deadbeat writer (Bradley Cooper) who acquires an unregulated drug that allows him to take advantage of 100 percent of his previously under-utilized brain, Limitless is silly, improbable and features a number of distracting comic-book-esque stylistic tics. But consumed with the comic book in mind, Limitless is also unpredictable, thrilling, and darkly funny. The aforementioned style, which includes many instances of the infinite regression effect that you get when you point two mirrors at each other, and a heavy blur to distort depth-of-field, only solidifies the film’s cartoonish intentions. Cooper learns foreign languages in hours, impresses women with his keen attention to detail, and sets his sights on Wall Street, a move that gets him noticed by businessman Carl Van Loon (Robert DeNiro in a glorified cameo) as well as some rather nasty drug dealers and hired guns looking to cash in on the drug. Limitless is regrettably titled and masquerades in TV spots as a Wall Street series spin-off, but in truth it sports the speedy pacing and tongue-in-cheek humor required of a good popcorn flick. (1:37) 1000 Van Ness. (Galvin)

*My Perestroika Robin Hessman’s very engaging documentary takes one very relatable look at how changes since glasnost have affected some average Russians. The subjects here are five thirtysomethings who, growing up in Moscow in the 70s and 80s, were the last generation to experience full-on Communist Party indoctrination. But just as they reached adulthood, the whole system dissolved, confusing long-held beliefs and variably impacting their futures. Andrei has ridden the capitalist choo-choo to considerable enrichment as the proprietor of luxury Western menswear shops. But single mother Olga, unlucky in love, just scrapes by, while married schoolteachers Lyuba and Boris are lucky to have inherited an apartment (cramped as it is) they could otherwise ill afford. Meanwhile Ruslan, once member of a famous punk band (which he abandoned on principal because it was getting “too commercial”), both disdains and resents the new order just as he did the old one. Home movies and old footage of pageantry celebrating Soviet socialist glory make a whole ‘nother era come to life in this intimate, unexpectedly charming portrait of its long-term aftermath. (1:27) Balboa. (Harvey)

*Nostalgia for the Light Chile’s Atacama Desert, the setting for Patricio Guzmán’s lyrically haunting and meditative documentary, is supposedly the driest place on earth. As a result, it’s also the most ideal place to study the stars. Here, in this most Mars-like of earthly landscapes, astronomers look to the heavens in an attempt to decode the origins of the universe. Guzmán superimposes images from the world’s most powerful telescopes — effluent, gaseous nebulas, clusters of constellations rendered in 3-D brilliance — over the night sky of Atacama for an even more otherworldly effect, but it’s the film’s terrestrial preoccupations that resonate most. For decades, a small, ever dwindling group of women have scoured the cracked clay of Atacama searching for loved ones who disappeared early in Augusto Pinochet’s regime. They take their tiny, toy-like spades and sift through the dirt, finding a partial jawbone here, an entire mummified corpse there. Guzmán’s attempt through voice-over to make these “architects of memory,” both astronomers and excavators alike, a metaphor for Chile’s reluctance to deal with its past atrocities is only marginally successful. Here, it’s the images that do all the talking — if “memory has a gravitational force,” their emotional weight is as inescapable as a black hole. (1:30) Lumiere. (Devereaux)

Priest (1:27) 1000 Van Ness, SF Center.

*The Princess of Montpensier Marie (Mélanie Thierry), the titular figure in French director Bertrand Tavernier’s latest, is a young 16th century noblewoman married off to a Prince (Grégoire Leprince-Ringuet) of great wealth and property. But they’ve barely met when he’s called off to war — leaving her alone on his enormous estate, vulnerable to myriad suitors who seem to be forever throwing themselves at her nubile, neglected body. Lambert Wilson (2010’s Of Gods and Men) is touching as the older soldier appointed her protector; he comes to love her, yet is the one man upstanding enough to resist compromising her. If you’ve been jonesing for the kind of lush arthouse period epic that feels like a big fat classic novel, this engrossing saga from a 70-year-old Gallic cinema veteran in top form will scratch that itch for nearly two and a half satisfyingly tragic-romantic hours. (2:19) Smith Rafael. (Harvey)

Potiche When we first meet Catherine Deneuve’s Suzanne — the titular trophy wife (or potiche) of Francois Ozon’s new airspun comedy — she is on her morning jog, barely breaking a sweat as she huffs and puffs in her maroon Adidas tracksuit, her hair still in curlers. It’s 1977 and Suzanne’s life as a bourgeois homemaker in a small provincial French town has played out as smoothly as one of her many poly-blend skirt suits: a devoted mother to two grown children and loving wife who turns a blind eye to the philandering of husband Robert (Fabrice Luchini), Suzanne is on the fast track to comfortable irrelevance. All that changes when the workers at Robert’s umbrella factory strike and take him hostage. Suzanne, with the help of union leader and old flame Babin (Gerard Depardieu, as big as a house), negotiates a peace, and soon turns around the company’s fortunes with her new-found confidence and business savvy. But when Robert wrests back control with the help of a duped Babin, Suzanne does an Elle Woods and takes them both on in a surprise run for political office. True to the film’s light théâtre de boulevard source material, Ozon keeps things brisk and cheeky (Suzanne sings with as much ease as she spouts off Women’s Lib boilerplate) to the point where his cast’s hammy performances start blending into the cheery production design. Satire needs an edge that Potiche, for all its charm, never provides. (1:43) Opera Plaza, Smith Rafael. (Sussman)

Queen to Play From first-time feature director Caroline Bottaro comes this drama about … chess. Wait! Before your eyes glaze over, here are a few more fast facts: it’s set in idyllic Corsica and features, as an American expat, Kevin Kline in his first French-speaking role. (Side note: is there a Kline comeback afoot? First No Strings Attached, then The Conspirator, and now Queen to Play. All within a few short months.) Lovely French superstar Sandrine Bonnaire plays Héléne, a hotel maid who has more or less accepted her unremarkable life — until she happens to catch a couple (one half of which is played by Jennifer Beals, cast because Bottaro is a longtime fan of 1983’s Flashdance!) playing chess. An unlikely obsession soon follows, and she asks Kline’s character, a reclusive doctor who’s on her freelance house-cleaning route, to help her up her game. None too pleased with this new friendship are Héléne’s husband and nosy neighbors, who are both suspicious of the doctor and unsure of how to treat the formerly complacent Héléne’s newfound, chess-inspired confidence. Queen to Play can get a little corny (we’re reminded over and over that the queen is “the most powerful piece”), and chess is by nature not very cinematic (slightly more fascinating than watching someone type, say). But Bonnaire’s quietly powerful performance is worth sticking around for, even when the novelty of whiskery, cardigan-wearing, French-spouting Kline wears off. (1:36) Smith Rafael. (Eddy)

Rio (1:32) 1000 Van Ness, SF Center.

Something Borrowed (1:53) 1000 Van Ness, Presidio.

*Source Code A post-9/11 Groundhog Day (1993) with explosions, Inception (2010) with a heart, or Avatar (2009) taken down a notch or dozen in Chicago —whatever you choose to call it, Source Code manages to stand up on its own wobbly Philip K. Dick-inspired legs, damn the science, and take off on the wings of wish fulfillment. ‘Cause who hasn’t yearned for a do-over — and then a do-over of that do-over, etc. We could all be as lucky — or as cursed — as soldier Colter Stevens (Jake Gyllenhaal), who gets to tumble down that time-space rabbit hole again and again, his consciousness hitching a ride in another man’s body, while in search of the bomber of a Chicago commuter train. On the upside, he gets to meet the girl of his dreams (Michelle Monaghan) — and see her getting blown to smithereens again and again, all in the service of his country, his commander-cum-link to the outside world (Vera Farmiga), and the scientist masterminding this secret military project (Jeffrey Wright). On the downside, well, he gets to do it over and over again, like a good little test bunny in pinball purgatory. Fortunately, director Duncan Jones (2009’s Moon) makes compelling work out of the potentially ludicrous material, while his cast lends the tale a glossed yet likable humanity, the kind that was all too absent in 2010’s Inception. (1:33) 1000 Van Ness. (Chun)

There Be Dragons (2:00) SF Center.

These Amazing Shadows If you love movies, it’ll be hard to resist These Amazing Shadows (subtitled “A story about the National Film Registry and the power of the movies”) — it’s chock full o’ clips from films that’ve been deemed worthy of inclusion in the National Film Registry’s elite ranks. This includes, of course, the likes of 1942’s Casablanca and 1939’s Gone With the Wind, but also more recent cultural touchstones like 1985’s Back to the Future and a number of experimental, short, and silent works, and even a few cult films too. Along the way film scholars and makers (including locals Barry Jenkins, Rick Prelinger, and Mick LaSalle) chime in on their favorite films and stress why preserving film is important. There’s a healthy dose of film history, as well, with mentions of groundbreaking director Lois Weber (one of early cinema’s most prolific artists, despite her gender) and a discussion of why racially questionable films like 1915’s The Birth of a Nation — a film that Boyz n the Hood (1991) director John Singleton recommended for Registry inclusion — are historically important despite their content. Dedicated film buffs won’t discover any surprises, and there’s not much discussion of queer film (unless John Waters talking about 1939’s The Wizard of Oz counts?), nor any mention of the current shift from film to digital formats (of course preserving old films is important, but will the Registry also start considering digital-only films for inclusion?) But perhaps these are topics for another film, not this nostalgia-heavy warm fuzzy that’ll affect anyone who remembers the magic of seeing a personally significant film — join the mob if it’s 1977’s Star Wars — for the first time. (1:28) Sundance Kabuki. (Eddy)

*Thor When it comes to superhero movies, I’m not easily impressed. Couple that with my complete disinterest in the character of Thor, and I didn’t go into his big-screen debut with any level of excitement. Turns out Kenneth Branagh’s Thor is a genre standout — the best I’ve seen since 2008’s Iron Man. For those who don’t know the mythology, the film follows Thor (Chris Hemsworth) as he’s exiled from the realm of Asgard to Earth. Once there, he must reclaim his mighty hammer — along with his powers — in order to save the world and win the heart of astrophysicist Jane Foster (Natalie Portman). Hemsworth is perfectly cast as the titular hero: he’s adept at bringing charm to a larger-than-life god. The script is a huge help, striking the ideal balance between action, drama, and humor. That’s right, Thor is seriously funny. On top of that, the effects are sensational. Sure, the 3D is once again unnecessary, but it’s admittedly kind of fun when you’re zooming through space. (2:03) Empire, Four Star, 1000 Van Ness, Presidio, Sundance Kabuki. (Peitzman)

True Legend Just because True Legend is as canned and derivative as a Five Venom Fist sucker punch or a lousy Kung Fu episode, doesn’t mean there are moments of enjoyment to be culled from the spectacle in this, the first Chinese martial arts flick on 3-D. In fact, it’s easy to read True Legend as Matrix series action choreographer Yuen Woo Ping ripping himself off by returning to the tipsy territory of one of his early films (the influential 1978 Jackie Chan comedy Drunken Master), calling in favors, and updating it with the international crowd-pleasing elements pulled from the many movies he’s worked on, from Iron Monkey (1993) to Crouching Tiger, Hidden Dragon (2000) to the Kill Bill flicks (2003 and 2004). Our hero, Su Can (Vincent Zhao/Man Cheuk Chiu), is the good-hearted Qing dynasty general who just wants to settle down humbly and peacefully with wife Ying (Xuan Zhou of 2000’s Suzhou River) and open his own wushu school. He hands off a power position to his foster brother (and his wife’s blood sibling), Yuan (Andy On), and retreats to the country. Alas, bro comes calling with vengeance on his mind and destroys Su Can’s happy family, sending Ying into the winemaking biz and transforming the injured Su Can into a long-haired madman (picture a more innocuous Chinese Charles Manson intent on bashing the gods of wushu). This sets us up for some majestic Crouching Tiger-like nature scenes, a climactic bout with foreign fighters in line with nationalistic sentiments of recent Chinese martial arts offerings a la 2010’s Ip Man 2, and and some rather poorly explicated yet humorous scenes of a dreadlocked, now alcoholic and homeless Su Can discovering a new martial art — Zui Quan (the Drunken Fist) — while resembling a shaggy, ragged, breakdancing B-boy. The latter just might inspire the sooty-faced crust punk in each of us to take up MMA. While kicking considerable old-school cred — along with brief guest turns by Michelle Yeoh, Jay Chou, Gordon Liu, and David Carradine — True Legend is about as messy, shambolic, and up for entertaining action as a urine-soaked panhandler with a soiled yet solid iron fist. (1:56) Opera Plaza. (Chun)

Water for Elephants A young man named Jacob Jankowski (Robert Pattinson) turns his back on catastrophe and runs off to join the circus. It sounds like a fantasy, but this was never Jacob’s dream, and the circus world of Water for Elephants isn’t all death-defying feats and pretty women on horses. Or rather, the pretty woman also rides an elephant named Rosie and the casualties tend to occur outside the big top, after the rubes have gone home. Stumbling onto a train and into this world by chance, Jacob manages to charm the sadistic sociopath who runs the show, August (Christophe Waltz), and is charmed in turn by August’s wife, Marlena (Reese Witherspoon), a star performer and the object of August’s abusive, obsessive affections. Director Francis Lawrence’s film, an adaptation of Sarah Gruen’s 2006 novel, depicts a harsh Depression-era landscape in which troupes founder in small towns across America, waiting to be scavenged for parts — performers and animals — by other circuses passing through. Waltz’s August is a frightening man who defines a layoff as throwing workers off a moving train, and the anxiety of anticipating his moods and moves supplies most of the movie’s dramatic tension; Jacob and Marlena’s pallid love story feeds off it rather than adding its own. The film also suffers from a frame tale that feels awkward and forced, though Hal Holbrook makes heroic efforts as the elderly Jacob, surfacing on the grounds of — what else? — a modern-day circus to recount his tale of tragedy and romance. (2:00) Empire, Marina, 1000 Van Ness, SF Center, Sundance Kabuki. (Rapoport)

*Win Win Is Tom McCarthy the most versatile guy in Hollywood? He’s a successful character actor (in big-budget movies like 2009’s 2012; smaller-scale pictures like 2005’s Good Night, and Good Luck; and the final season of The Wire). He’s an Oscar-nominated screenwriter (2009’s Up). And he’s the writer-director of two highly acclaimed indie dramas, The Station Agent (2003) and The Visitor (2007). Clearly, McCarthy must not sleep much. His latest, Win Win, is a comedy set in his hometown of New Providence, N.J. Paul Giamatti stars as Mike Flaherty, a lawyer who’s feeling the economic pinch. Betraying his own basic good-guy-ness, he takes advantage of a senile client, Leo (Burt Young), when he spots the opportunity to pull in some badly-needed extra cash. Matters complicate with the appearance of Leo’s grandson, Kyle (newcomer Alex Shaffer), a runaway from Ohio. Though Mike’s wife, Jackie (Amy Ryan), is suspicious of the taciturn teen, she allows Kyle to crash with the Flaherty family. As luck would have it, Kyle is a superstar wrestler — and Mike happens to coach the local high school team. Things are going well until Kyle’s greedy mother (Melanie Lynskey) turns up and starts sniffing around her father’s finances. Lessons are learned, sure, and there are no big plot twists beyond typical indie-comedy turf. But the script delivers more genuine laughs than you’d expect from a movie that’s essentially about the recession. (1:46) Four Star, Opera Plaza, Presidio. (Eddy)

 

Alerts

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WEDNESDAY 18

Sex and public opinion

Legendary Hustler publisher Larry Flynt — smut peddler or trailblazing hero? You be the judge at this special presentation by the man himself, whose Supreme Court case, Hustler Magazine vs. Jerry Falwell, ended with a landmark ruling protecting satire. Flynt recently teamed up with historian David Eisenbach to coauthor the book One Nation Under Sex: How the Private Lives of Presidents, First Ladies and Their Lovers Changed the Course of American History, which tackles the hypocrisy of our sexual mores and the role of the media in shaping public opinion.

6:30-8 p.m., $25–$45 ($15 for members)

Commonwealth Club

595 Market, SF

www.commonwealthclub.org

 

SATURDAY 21

NAMIWalk fundraiser

Just in time for National Mental Health Month, you can help raise funds to benefit much-needed free mental health programs just by taking a walk. These 5K and 1.5K walks benefit several National Alliance on Mental Illness (NAMI) affiliates in the San Francisco Bay Area, as well as educating the public and helping to remove the stigma associated with mental illness. Preregistration required.

9 a.m., free

Lindley Meadow

Golden Gate Park, SF

www.namiwalksfbay.org

 

Community forum on Mexico

Attend this discussion on the crises in Mexico, which include organized crime, border patrols, and labor struggles, and the role of U.S. intervention there. Speakers Elvira Villescas Sanchez, founding member of Las Hormigas; Frank Lara, May Day Coalition and ANSWER Coalition organizer; and David Bacon, renowned journalist and documentarian of the immigrant and labor struggles in Mexico and the U.S., will all be on hand.

7–9 p.m., $5–$10 donation

ANSWER Coalition

2969 Mission, SF

www.balasc.org

www.answersf.org

 

Walk to end poverty

Show support for those at-risk and living in poverty in Oakland with a walk and rally around Lake Merritt. Demand that the issue of poverty stays on the national agenda and help raise awareness about the conditions of more than 76,000 people in Oakland currently living in poverty. Afterward, attend a community services fair with community heroes and live multicultural entertainment for the whole family. Also, be sure to bring nonperishable food items to donate to the Alameda County Community Food Bank — the first 500 people to do so will receive a free T-shirt.

9 a.m.–1 p.m., free

Lake Merritt Bandstand

666 Bellvue, Oakl.

(510) 326-3553

www2.oaklanndnet.com/Government/o/DHS 

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

Civil Grand Jury report rips Parkmerced plan

One week before the massive Parkmerced redevelopment project is slated to go before the Board of Supervisors for a second shot at approval, the San Francisco Civil Grand Jury has issued a scathing critique of the plan in a report titled “The Parkmerced Vision: Government-by-Developer.” The assessment charges that the project’s development agreement fails to guarantee adequate rent-control protections for current tenants whose homes will be razed and replaced with new units as part of the ambitious, 20-to-30 year overhaul.

The Civil Grand Jury report charges that the development agreement “is fundamentally unable to deliver such assurances because of overarching state laws that are changeable and subject to court interpretation. Through its call for demolition of existing units, the agreement eliminates existing statutory rights of tenants, replaces them with a contractual agreement from the owner/developer, and bypasses due process in the face of eviction.”

The report appears to reject the claim that the tenant protections are “ironclad,” an assurance that was repeated often in public hearings by representatives of the developer and the city’s Office of Economic and Workforce Development. “As it is stated, the agreement claims it can cause newly constructed units to be protected under the same rent stabilization ordinance previously applied to the demolished dwellings,” the report notes. “In reality, current laws appear to contravene this claim.”

When a discussion about Parkmerced was continued several weeks ago at a Board of Supervisors meeting, several members of the board voiced concerns that they did not have enough clarity on the question of whether renter protections could be guaranteed for tenants who reside in the complex’s 3,221 rent-controlled units, some of whom have lived there for decades.

“Never before has a redevelopment project of this size and length been undertaken in San Francisco in an existing community where more than 9,000 people live,” the report notes. It acknowledges the enormous tax revenues that the city stands to gain from the development, but cautions that “this windfall, no matter how promising, should not come at the expense of citizens’ legal rights.”

To remedy the flawed agreement, the Civil Grand Jury recommends that the city “enact legislation prior to signing the Development Agreement that adequately assures the statutory rights of existing tenants to remain at Parkmerced and enjoy undisturbed continued tenancy,” and goes onto suggest language providing that “If a landlord demolishes residential property currently protected under the City’s Rent Stabilization and Arbitration Ordinance, and builds new residential rental units on the same property within five (5) years, the newly constructed units are subject to the San Francisco Rent Stabilization Ordinance.”

Meanwhile, Parkmerced spokesperson P.J. Johnston has already issued a response the hot-off-the-presses report, sending out a press release calling it “flawed,” and charging that the Civil Grand Jury is “calling for a solution to a problem San Francisco has already solved.”

Johnston contends that San Francisco already has a provision in the local municipal code that would do exactly what the Civil Grand Jury is asking city government to enact as a remedy for the shortcomings of the development agreement. Is Johnston’s interpretation of the local ordinance an accurate assessment? Not being lawyers ourselves, the Guardian phoned the office of the City Attorney to find out. We’ll post a response as soon as we receive one.

Johnston criticized the Civil Grand Jury report as “a highly political stink bomb,” saying, “I believe we’ve been able to address those concerns over the past several weeks, and I hope our leaders are able to see past this kind of last-minute distraction.” Johnston, who previously served as former Mayor Willie Brown’s press secretary, added, “This reeks of the nasty side of San Francisco politics.”

**UPDATE** The Guardian just received a call from an official from the City Attorney’s office, who said they did not want to be quoted because Parkmerced is a highly politicized issue. This person confirmed that the existing code Johnston pointed to does in fact do just what the Civil Grand Jury was asking for, and added that the local law had been referenced in a Parkmerced board file from last week. Seems the Civil Grand Jury didn’t have that information when it issued the report.

Dick Meister: Child Labor-Back to the 19th Century?

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Dick Meister, formerly labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor, politics and other matters for a half-century.

Even the most casual students of American labor history undoubtedly have come across the appalling accounts of child labor, accompanied by photos of exhausted, grime-covered teen and pre-teen children staring sad-eyed into the camera.

The children stand outside the mines, mills, farms and other often highly dangerous places where they worked 10, 12, 15 hours a day, sometimes even more. They worked at home as well, in their impoverished families’ dilapidated tenement flats, rolling cigars, stitching garments and doing other work for long, miserably paid hours.

It began with the New England colonists, who brought the practice of child labor with them from England. Use of child labor regardless of the age or frailty of the child was common throughout the colonies, and remained common after independence – including in the southern U.S., where the black slaves’ children were ordered to work along with their captive parents.

Finally, in the 1840s, reform groups managed to pressure several state legislatures in New England to ban the labor of minors under 15 for more than 10 hours a day without their parents’ written consent. Yes, that’s how bad it was – so bad that allowing kids under 15 to work more than 10 hours a day was OK. All they needed was the agreement of their economically desperate parents.

The ten-hour, six-day workweek became standard for minors in most states. Again, that was considered a major reform. Most states also adopted reforms that prohibited children from working in hazardous industries. That was ignored, however, in the particularly dangerous coal mines of Pennsylvania and Appalachia.

In 1914, the federal government stepped in to levy a 10 percent excise tax on employers who hired 14-year-olds. In 1916, President Woodrow Wilson signed a law prohibiting some employers from hiring anyone under 16. But, believe it or not, the Supreme Court voided both laws.

Child advocates couldn’t even get congressional approval for a law empowering the government to regulate the labor of minors under 18, mainly because of a business campaign that called that idea “socialism.” Sound familiar? Then, as now, that could be enough to defeat progressive measures.

But finally, with the coming of President Franklin D. Roosevelt’s New Deal reforms in the 1930s, decisive steps were taken to regulate the use of child labor. They came mainly with passage of the Fair Labor Standards Act in 1938. The law, which covers workers under 18, limits the hours they can work, depending on their age and occupation.  They must be paid at least as much as the legal minimum wage, and they must be covered by the protective laws that apply to adult workers.

The idea was not only to protect children from the harmful exploitation they commonly suffered but specifically to give them the time and opportunity to get a decent education, to get enough rest and time for study.

Passage of the Fair Labor Standards Act obviously did not end the misuse of child labor. Yet it did set a standard for protecting young workers that’s been followed by states that have enacted their own versions of the act, some more liberal than the federal law.

But now come business trade associations, employer groups, reactionary Republican politicians and Tea Party activists to urge severe weakening of the state laws, and, ultimately, of the federal law. They agree with Supreme Court Justice Clarence Thomas that the child labor laws are unconstitutional for a variety of obscure legal reasons. They’ve begun their legal attacks on state laws with the laws in Maine and Missouri.

In Maine, which was among the first states to enact child labor laws, they’ve been pushing a bill that would allow employers to pay anyone under 20 a six-month “training wage” that would be more than $2 an hour below the minimum wage. They’d also eliminate rules setting a maximum number of hours kids 16 and older can work during school days and allow those under 16 to work up to four hours on school days and up to 11 p.m.

The Missouri bill is even worse. It would lift provisions in the current state law that bar children under 14 from employment, They’d be allowed to work all hours of the day and no longer need work permits from their schools. What’s more, businesses that employ children would no longer be subject to inspections by the federal agency that enforces the child labor laws.

By the time you read this, the proposed laws in Maine and Missouri may have been passed – or, hopefully, rejected. But that’s almost beside the point. What’s worse is that 11 years into the 21st century, people are actually taking seriously proposals that would send us back into the 19th century.

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for a half century. Contact him through his website, www.dickmeister.com, which includes more than 300 of his columns.

 

The case for local taxes

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When state Sen. Darrell Steinberg introduced SB 653, a bill that would allow cities to impose an income tax, a car tax and excise taxes, I called his press office and asked if the senator was serious. Me, I thought this was one of the best ideas I’d ever heard of out of Sacramento, but I couldn’t believe Steinberg was actually going to push it.


After all, Steinberg has been in heated discussions with the Republicans over the state budget, and they’ve been refusing to bend, even an inch, on new revenue. And the Democrats can’t pass a budget alone; the two-thirds requirement for new taxes means at least four members of the recalictrant GOP have to go along.


But if Steinberg could threaten the jerks with a bill that requires only a majority vote but would open the door to all kinds of new taxes up and down the state, maybe they’d start to come around. That seemed like the theory.


But his staff told me that he was entirely serious — and to my astonishment (and perhaps his) the bill is moving forward. We did an editorial endorsing it two weeks ago, and all of a sudden, it’s getting a lot of attention. And it’s exposed a fascinating political debate in the state and raised a lot of questions that ought to be part of the political conversation.


Jerry Brown’s been talking for months about “realignment” — sending more state services back to local government. It’s part of the populist side of the guv, and it flies in the face of 50 years of liberal thought. The federal government used to be our friend — the feds enforced civil rights laws in the racist South. The feds put money into inner cities. The state of California enforced equality, too — the famous Serrano v. Priest decision, in state court, guaranteed that public schools in all areas, not just rich ones, had the resources to provide a quality education to all. “State’s rights” was the cry of segregationists; rich people in conservative communities wanted school funding to be a local decision.


But things are different now, and the political stars are realigned. The most important civil rights moves are coming from cities (see: San Francisco, same-sex marriage) and progressive communities are defying the feds on issues from immigration to medical pot. (The flip side is also happening, see: Arizona and SB 1070).


Right now, today, the single most important issue in the United States (with the possible exception of stupid foreign wars) is the wealth gap and taxation. So much flows from that — the collapse of social services, the cost of health care, unemployment, the crisis in state budgets, the decline in public education … name an issue, and it has at least some roots in the way the nation handles money. And two things have happened in the last 15 years or so, at least at the national level:


1. The Republican Party has been taken over by the far right.


2. The Democratic Party has been taken over by Wall Street.


So nothing good’s going to happen in Washington. And in California, thanks to our two-thirds rule, nothing good’s going to happen in Sacramento as long as a tiny minority of really bad Republicans can hold the state hostage.


Which means that the only hope for progressive economic policy is going to come from local government — and the best thing the Democrats can do in the state Legislature is to stand back and allow it to happen. Which is exactly what the Steinberg bill would do.


Now, the San Francisco Chronicle has come out against the Steinberg bill, saying it would


mark a regrettable retreat from the notion that Californians of many lifestyles and cultures – city dwellers, beach-goers, farmers, ranchers, techies, loggers, entrepreneurs – share a common bond. The delegation of a greater tax burden and government duties to 58 counties and hundreds of cities would only compound the disparities that make this state nirvana for some and Appalachia for others.


The problem is, that notion — that romantic vision of One California — is already gone. California isn’t one state any more; it’s too big to be a state, and it ought to be at least three states. The Democrats control both houses of the Legislature and the governor’s office — and it’s almost impossible even to pass a state budget. There’s nothing resembling a political consensus in California, and we might as well admit it.

I understand the problem of economic disparity — but you can’t address it under the current system. There are, indeed, a few counties that have very little tax base, and that will need substantial state aid; I’m good with that. I’m happy to have my tax money go to the poorest counties. But I’m not seeing the Steinberg bill as a reason to cut state spending; I think we ought to increase state spending. I just think that what comes out of Sacramento should be a floor, not a ceiling. If people in San Francisco want to spend more on their public schools — and do it in a progressive way — what’s wrong with that?

The problem with local taxes is that the most progressive, fair revenue solutions aren’t available to cities. Income taxes are far better than sales taxes; ad valorem property taxes are better than parcel taxes. But cities can’t impose traditional income taxes, and are hobbled by Prop. 13 on property taxes. So when cities DO try to impose their own taxes, the results aren’t fair — the poor pay more than the rich.

Interestingly, Dan Walters of the SacBee, who is by no means considered a liberal, likes the Steinberg bill:

California’s experiment in centralized budgeting, the unintended consequence of Propostition 13’s approval in 1978, has been an abject failure. California is simply too diverse for one-size-fits-all decision making from Sacramento, especially when the Capitol can’t even decide what that size should be.

And City Attorney Dennis Herrera, who is running for mayor, likes the idea, too:


California communities that view government as a needless intrusion into people’s lives are morally entitled to limit their local government, and to pay less for fewer services.   Conversely, California communities that see government’s potential to improve the lives of their residents deserve to fully realize the benefits of the public services they’re paying for.


But the notion that we must bind the fate of 37 million Californians to the governance of lowest common denominator is absurd. 


Steinberg’s bill isn’t perfect — it doesn’t include corporate income taxes. But it’s a lot better than what we have now.

I realize that we’re in tricky territory here — should counties where 80 percent of the voters want mandatory prayer in schools and a curriculum that says God doesn’t like homosexuality have the right to overrule state and federal law and ignore the Constitution in the name of local control? Of course not.

But I think you can argue that local government, after meeting the basic federal and state requirements, has the right to go a step further in the pursuit of civil and Constitutional rights. Just as cities, after receiving their minimum allotment of stae money, have the right to raise more. And do it in a fair way.

At the very least, the bill creates a discussion that we all ought to be having. Cuz the way we’re running the state right now isn’t working.

Supervisors and activists decry businesses that deny wages to low-income workers

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For one of this country’s first government hearings regarding wage theft yesterday (Thurs/12), San Francisco activists, public employees, and politicians alike were determined to find ways to address issues surrounding low-income workers who are paid below minimum wage or otherwise deprived of money they’re entitled to.

Wage theft may involve a number of different violations including payment below the minimum wage, obligation to work off the clock, and denial of overtime and sick pay. Low-income jobs such as construction work, hospitality and domestic care are the most cited types of employment for wage theft and wage theft disproportionately affects communities of color and those with language barriers.

“We are not going to allow any worker in San Francisco to be exploited,” said Sup. David Campos said on the steps of City Hall, later presiding over the Government Audit and Oversight Committee hearing on the issue. “Wage theft affects the lowest wage workers and their ability to make a living and survive in these tough economic times.”

The pre-hearing protest and the meeting was comprised of workers with emotional stories of poverty and injustice. Other speakers included Donna Levitt, the director of the Office of Labor Standards Enforcement, the agency in charge of overseeing claims of employers withholding wages, and Rajiv Bhatia, the director of Occupational and Environmental Health at the San Francisco Department of Public Health.

Levitt said that 500 claims of wage theft have been addressed by the OLSE since the minimum wage law’s inception in 2003. Dan Goncher of Harvey M. Rose Associates, which does budget analysis for the city, cited data showing that the OLSE takes significantly longer to go through the hearing process for back wages than other agencies. However, Levitt mentioned that 97 percent of cases are settled and never go to the City Attorney’s Office for a hearing.

“Very little thought from our policymakers was made on how this was going to be enforced,” Levitt said of the current minimum wage law.

The coalition of community organizations including Young Workers United, Filipino Community Center, Chinese Progressive Association, San Francisco Tenants Association, Unite Here Local 2, Mujeres Unidas y Activas, and others joined together for the protest in order to raise awareness of some proposed amendments to the current minimum wage enforcement law.

Co-sponsored by Campos and Sup. Eric Mar, the amendments would add additional penalties such as raising the fine for employers from $500 to $1,000 for retaliating against workers exercising rights under the current law, the ability to interview employees and inspect payroll records at places of business, the requirement of notifying employees when an employer is being investigated, and to posting of a public notice when an employer fails to comply with a settlement agreement.

“We want to see the city taking a stronger commitment to addressing the issue of wage theft,” said lead organizer of the Chinese Progressive Association Shaw San Liu. “We don’t want this to be a one-day publicity stunt.”

One of the workers, who spoke about his experience of wage theft, recalled working long hours without the assurance of payment. “We would wait for hours for them to come back pay us but they never came,” Jose Cruz, a day laborer and client of La Raza Centro Legal, said about one of his jobs.

Bhatia explained to the supervisors and crowded audience in the committee hearing room that in the last week, 26 percent of the nation’s low wage workers were paid less than minimum wage. He also outlined different steps such as tracking chronic violators and training health inspectors to make referrals to local enforcement agencies in cases of non-compliance, so the SFDPH could support the community efforts in decreasing wage theft.

In addition, both Campos and Board President David Chiu made a point of speaking about how wage theft also detrimentally affects businesses.

“Most businesses play by the rules and those businesses are at a disadvantage when we allow businesses to not follow the rules,” said Campos.

“This is not about workers versus businesses,” Chiu said. “The issue of wage theft effects workers and workers’ families across the city.”

Will SF follow Portland on FBI spy concerns?

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The Human Rights Commission and the Police Commission will hold a May 18 joint hearing at City Hall to discuss a recently released memo between the SFPD and the FBI that suggests that SFPD officers assigned to the FBI’s Joint Terrorism Task Force are under the control & rules of the FBI. The concern is that the memo allows SFPD officers to circumvent local intelligence-gathering policies, departmental orders and California privacy laws that prevent spying on people without any evidence of a crime. And the hearing comes a few weeks after Portland’s City Council unanimously approved a resolution that Portland Mayor Sam Adams introduced to clarify that Portland and FBI have decided not to enter into a Memorandum of Understanding (MOU) for the JTTF, but that the City will be cooperating with the JTTF according to the terms of Adams’ resolution.

During Portland’s public hearing, the American Civil Liberties Union (ACLU) of Oregon testified in support of the resolution, while raising concerns about the current and past practices of the FBI and the need to ensure that City personnel comply with Oregon laws.

“The Mayor’s proposal represents a thoughtful framework that should meet the City’s and the FBI’s needs to keep our community safe while also ensuring that Portland police stay within the confines of the Oregon Constitution and Oregon Charge of such violations, and a public annual report on the work the Portland Police Bureau does with the FBI JTTF,” ACLU Legislative Director Andrea Meyer stated.

“It is not a question of if but when, our officers will be asked to engage in investigative activities in violation of Oregon law,” Meyer testified. “To guard against this, we expect that there will be appropriate training of PPB personnel not just on Oregon law but on the FBI guidelines and the minimal criteria necessary for them to be able to engage in assessments and preliminary inquiries so that our PPB officers will be equipped to ask the right questions and refuse to participate and report this to the Chief and, in turn, the Commissioner-in-Charge.”
 
During Portland’s hearing, Mayor Adams stressed that the FBI’s standard JTTF MOU (which is similar to the agreement SFPD officers have operated under since March 2007) —is neither clear nor adequate in terms of addressing local civil rights concerns. And that’s why he sought and won federal consent for a non-MOU arrangement with Portland participating on a limited basis, on its own terms, with local civilian oversight and involvement from the City Attorney.  

“The question pending in SF is whether local officials — from the Police Commission, to City Attorney, to Mayor, will eventually insist on a similarly protective arrangement here, “John Crew of the ACLU of Northern California told the Guardian. “Right now, Portland shows what’s possible, and what the federal government will accommodate. I don’t know why Bay Area cities would not insist on at least something this strong.”

San Francisco’s joint hearing takes place May 18, 5:30 p.m. – 8:30 p.m. in Room 250 at City Hall.