Government

A timely move on Prop. 13

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By Tim Redmond

Calitics reports this morning that the California Nurses Association is preparing a split-roll ballot initiative for 2010. The outline of the measure looks good, both in terms of impact (billions and billions in extra tax revenue for local government) and politics (a clear message to homeowners that this won’t raise their taxes). As Robert Cruickshank notes, the proposals would

• Tax commercial property at fair market value, and frequently reassess property taxes at fair market value (instead of locking in a value and rate, as Prop 13 currently does). The main difference between the two initiatives is how that reassessment is accomplished.

• Provide a small business exclusion of up to $1 million

• Double homeowners’ exemption from $7,000 to $14,000 (as a sweetener to voters)

It’s a clever approach, one that almost certainly polls well with voters, since the initiatives offer tax relief for residential owners and small businesses – making it crystal clear, at least in the initiative language, that this is NOT an attack on the sacred cow of residential property protections offered in Prop 13.

CNA has the money and the clout to get this going, and it could become one of the most important campaigns of the year. If the group goes forward — and I hope that happens — wafflers like Jerry Brown will have to take a stand, and tell us whether they’re with big business and commercial landlords or with the millions of Californians who are getting screwed by an unfair tax system and deep cuts in public services.

What’s hate got to do with it?

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arts@sfbg.com

FILM Like so many recent it’s-true-if-we-say-so slogans, "A Republican is a Democrat who’s been mugged" is smugly, fundamentally misguided on more levels than can be addressed here, suggesting that only conservatives have the horse sense to grasp that it’s a big, scary world out there. Interpreted another way, however, this catchphrase contains a grain of truth: the sense of victimization can be blindsiding. When you begin to perceive all criticism as persecutorial, you might forget it’s possible to be wrong.

That’s the worry driving Yoav Shamir’s Defamation, which opens Friday following a stormy reception at July’s San Francisco Jewish Film Festival. The documentarian (2003’s Checkpoint) says that as an Israeli Jew he’s never actually experienced anti-Semitism. So he sets out to explore that prejudice’s status quo — or so he claims, somewhat disingenuously. Because Defamation‘s real agenda is positing anti-Semitism as a distorted, exploited, propagandic bludgeon used to taint any critique of Israeli government policies or the foreign lobbies supporting them.

This is a theory bound to inflame angry emotions, not least the "self-hating Jew" accusation. It must be said that Shamir lays himself at risk — à la Michael Moore — of selectively gathering only evidence that supports his agenda. Anti-Semitism certainly does exist today, in many different forms, around the world. But the only folks Shamir finds to spout negative stereotypes are some African American Crown Heights youths — whose complaints about their insular neighbors seem reasonable enough until they cite Nazi best seller The Protocols of the Elders of Zion as an important ethnic expose — and his own granny. (Bizarrely, she opines that Jews are indeed money-hoarding shirkers of "real" work — albeit only foreign Jews, not industrious Israelis like herself.)

Yet if Defamation‘s deliberate omissions and occasional snarky tone hamper its case, Shamir nonetheless makes legitimately troubling points. He views Israeli media as obsessing over any incidents of global anti-Semitism (and ignoring decreases) much as the U.S. media endlessly dwells on certain lurid crime stories — because their public loves to feel indignant.

More than 30,000 Israeli high schoolers now go on field trips each year to European Holocaust sites. But their experience is heavily stage-managed, with Secret Service guards ensuring they have no contact with locals — in Poland a group is kept sequestered in their hotel because (they’re told) this "relatively hostile country" is rife with neo-Nazis.

No wonder when two girls briefly try to bridge the language barrier with some old men in a park, they instantly assume they’re being insulted. (They are not, as the exchange’s subtitled translation reveals.) This thrilling experience of actual, or at least assumed, anti-Semitism reinforces what one student calls "what makes us special: that no one can stand us, but that we are proud of it."

"Everyone knows the Jews are hated. We are raised that way," another proclaims.

Getting ample cooperation (now regretted) from its Manhattan H.Q.’s staff, Shamir suggests the Anti-Defamation League also inflates anti-Semitism’s modern-day realities to exert political muscle, and to dismiss any criticism of Israel as simple Jew-hating "in disguise." When a British academic at an ADL conference rather mildly asserts anti-Semitism and anti-Zionism can indeed be separated — is it racist to think the West Bank settlements and occupation of Palestinian lands unjust? — he’s denounced as an outrageous provocateur.

The most controversial interviewee is Norman Finklestein, whose book The Holocaust Industry got him pilloried as a Holocaust denier (untrue) and quite likely cost him his teaching position. The son of Shoah survivors, he thinks "the Nazi Holocaust is now the main ideological weapon for launching wars of aggression" and that "pathological narcissism" desensitizes many American Jews to other people’s sufferings. (One U.S. rabbi here theorizes that the sense of ongoing historical persecution has replaced religious observance as many Jews’ primarily source of ethnic-cultural identification.)

Finklestein can be persuasively reasonable. To Defamation‘s credit, however, it doesn’t yell "Cut!" when he whips himself into a crank-case frenzy that masochistically self-destructs his credibility. Absolute righteousness ain’t pretty, anywhere on the political spectrum.

DEFAMATION opens Fri/20 at the Roxie.

Seizing space

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steve@sfbg.com; molly@sfbg.com

San Francisco’s streets and public spaces are undergoing a drastic transformation — and it’s happening subtly, often below the radar of traditional planning processes. Much of it was triggered by the renegade actions of a few outlaw urbanists, designers, and artists.

But increasingly, their tactics and spirit are being adopted inside City Hall, and the result is starting to look like a real urban design revolution — one that harks back to a movement that was interrupted back in the 1970s.

One of the earliest signs of the new approach emerged in 2005 on the first Park(ing) Day, the brainchild of the hip, young founders of the urban design group Rebar. The idea was simple: turn selected street parking spots around San Francisco into little one-day parks. Just plug some coins in the meter to rent the space, then set up chairs or lay down some sod, and kick it.

It was a simple yet powerful statement about how San Franciscans choose to use public space — and the folks at Rebar expected to get in trouble.

“When we did the first Park(ing) Day in 2005, JB [a.k.a. John Bela] and I were just prepared to be arrested and hauled into court,” Rebar’s Matthew Passmore told us at a recent interview in the group’s new Mission District warehouse space. “But nothing like that happened.”

Instead, City Hall called. 079_realcover.jpg Rebar’s Blaine Merker, Teresa Aguilera, Matthew Passmore, and John Bela at their carfreee space at Showplace Triangle

“We got a call from the director of city greening, who said this is great, I want to meet with you guys and talk about how the city can support this kind of activity,” Passmore said. “Much to our surprise, the city was totally responsive as opposed to shutting us down and imprisoning us.”

Bela said the group discovered that Mayor Gavin Newsom’s administration was looking for just the sort of innovative, cool, environmental ideas that were Rebar’s focus. And that connection merged with other people’s efforts — like sidewalk-to-garden conversions being pioneered by Jane Martin, the urban gardening and bicycling movements, and the unique public art that was making its way back from Burning Man. That created a catalyst for a wide array of city initiatives, from the Sunday Streets road closures to temporary art installations that began popping up around the city to the Pavement to Parks program that creates short-term parks in underutilized roadways.

“It was a single interaction five years ago, and now we have things like Sunday Streets,” Bela told us on Sept. 18’s Park(ing) Day, in which various individuals and groups took over more than 50 parking spots around town. “It’s about reclaiming the streets for people.”

Park(ing) Day itself blew up, becoming a worldwide phenomenon that is now in 151 cities on six continents, and one that the Mayor’s Office is planning to turn into a more permanent plan, with the regular conversion of some parking spots on commercial corridors into outdoor seating areas.

“You had a few guys and a girl who had an idea and now it’s an international event,” Mike Farrah, a longtime Newsom lieutenant who now heads the Office of Neighborhood Services and has been the main contact in City Hall for Rebar and similar groups, told the Guardian.

Locally, the success of events like Park(ing) Day have changed San Francisco’s approach to urban spaces, particularly on land left dormant by the economic downturn. Rebar, the permaculture collective Upcycle, and former MyFarm manager Chris Burley plan to turn the old Hayes Valley freeway property near Octavia, between Oak and Fell streets, into a massive community garden and gathering space. Plans are being hatched for temporary uses on Rincon Hill properties approved for residential towers. “Green pod” seating areas are sprouting along Market Street and there are plans to extend the Sunday Streets road closures next year. And, perhaps most amazingly, most projects are being accomplished with very little funding.

How has San Francisco suddenly shifted into high gear when it comes to creating innovative new public spaces? The key is their common denominator: they’re all temporary. As such, they don’t require detailed studies, cumbersome approval processes, or the extensive outreach and input that can dampen the creative spark.

But San Francisco is starting to prove that dozens of short-term fixes can add up to a true transformation of the urban environment and the citizenry’s sense of possibility.

 

EVOLUTION OF THE PRANK

Rebar began as a group of friends and artists who came together to enter a design contest in 2004. Passmore was a practicing lawyer and Bela was a landscape architecture student at UC Berkeley. They chose the name Rebar for future collaborations, the first of which was Park(ing) Day.

Passmore, who had a background in conceptual art before going to law school, discovered a legal loophole that might allow for anything from a burlesque performance to a temporary swimming pool to be installed in metered parking spaces. Bela recruited Blaine Merker, a fellow landscape architecture student with whom he’d won a design competition, to join the effort.

Park(ing) Day was a hit, getting great press and igniting people’s imaginations. “We realized after we did it, like, oh, people are really getting this,” Merker said. And Rebar was off. In the following years they added a fourth principal, graphic designer Teresa Aguilera, and took on a number of acclaimed projects: planting the Victory Garden in Civic Center Plaza, building the Panhandle Bandshell from old car hoods and other recycled parts, creating COMMONspace events (from “Counterveillance” to the “Nappening”) in privately-owned public spaces, and designing the Bushwaffle (commissioned for the Experimenta-Design biennale in Amsterdam) to help soften paved urban spaces and create a sense of play.

Through it all, the group maintained its prankster spirit. When they were invited to present the Bandshell project at the prestigious Venice Biennale festival, Rebar members showed up costumed as Italian table-tennis players (a joke that mostly baffled other attendees, they said).

They told us every project needed to have a “quotient of ridiculum.” Or as Bela put it, “That’s how we know project has evolved to the right point — when we’re on the floor laughing.”

As Rebar found success, it was still mostly a side project for members who had other full-time jobs. “We were all playing hooky all the time,” said Merker, who, like Bela, joined a landscape architecture firm after he finished school. “It just got worse and worse.”

So now, they’re trying to turn their passion into a profession, recently moving into a cool warehouse office and workspace in the Mission. “We’re shifting our practice a little to have the same sort of spirit but trying to figure out how we can make that an occupation,” Merker said.

It’s also about moving from those short-lived installations to something a little more lasting, even while working within the realm of temporary projects. As Aguilera said, “A lot of the projects we started with were creating moments to maybe think about. But we’re shifting into more permanent ways to interact with the city.”

They may not be sure where they’re headed as an organization, but they have a clear conception of their canvas, as well as the traditions they draw from (including movements like the Situationists and artists such as Gordon Matta-Clark, who worked in urban niche spaces) and the fact that they are part of an emerging international movement to reclaim and redesign urban spaces.

“We’re not the originators of any of this stuff,” Bela said. “It’s like emerging phenomena happening in cities all over the world. We just happened to have plugged into it early on and we continue to push it.”

 

EXPANDING THE POSSIBLE

Rebar is strongly pushing a reclamation of spaces that have been rather thoughtlessly ceded to the automobile over the last few decades. “Street right-of-way is 25 percent of the city’s land area. A quarter of the city is streets,” Bela said. “And those streets were designed at the time when we wanted to privilege the automobile.

“So basically, there’s all this underutilized roadway,” he continued. “It’s asphalt and it’s pavement, and the city wants to reclaim some of those spaces for people. That’s a thread we’ve been exploring in our work for a long time, and now it’s elevated up to a citywide planning objective.”

The short-term nature of the projects comes in part from political necessity: temporary projects are usually exempt from costly, time-consuming environmental impact reports. Demonstration projects also don’t need the extensive public input that permanent changes do in San Francisco. But there’s more to the philosophy.

“It stands on this proposition that temporary or interim use does actually improve the character of the city,” Passmore said. “People used to think that if something is temporary or ephemeral, what good is it? It’s just here today, gone tomorrow. But I think now people are realizing that the city can be improved like this.”

And it goes even deeper than that. When people see parking spaces turned into parks, vacant lots blossoming with art and conversation nooks, or old freeway ramps turned into community gardens, their sense of what’s possible in San Francisco expands.

“What we’re remodeling is people’s mental hardware. It’s like stretching. You have to bend something a little more than it wants to go, and the next time you do that, it’s that much easier,” Merker said.

“There’s also a psychological aspect to that. When people see a crack in the Matrix open up, if you will, it can open up a whole lot more than just that one moment,” he said.

For those who have been working on urbanism issues in San Francisco for a long time, like Livable City director Tom Radulovich, this new energy and the tactic of conditioning people with temporary projects is a welcome development. “There is a huge resistance to change in San Francisco, no matter what the change is, and a lot of that stems from fear,” Radulovich said. But with temporary projects, he said, “you can establish what success looks like from the outset.”

 

BUILDING ALLIANCES

The Rebar folks have been fairly savvy in their approach, making key friends inside City Hall, people who have helped them bridge the gap between their idealism and what’s possible in San Francisco.

“We are a process-driven city, and temporary allows you to create change without fear,” Farrah told us. He said the partnership between the Mayor’s Office and community groups that want to do cool, temporary public art really began in the summer of 2005 with the Temple at Hayes Green by longtime Burning Man temple builder, David Best.

Farrah had connections to the Burning Man community, so he facilitated the placement of the temple along Octavia Boulevard, then one of the city’s newest and least developed public spaces. Next came the placement of another Burning Man sculpture, Flock by Michael Christian, in Civic Center Plaza that fall. Both projects got funding and support from the Black Rock Arts Foundation, a public art outgrowth of Burning Man.

“I saw, after some of the temporary art and special events, how it’s changed people’s ideas about what’s possible,” Farrah said. “There has been a change in the way people view the streets.”

That got Farrah thinking about what else could be done, so he approached BRAF’s then-director Leslie Pritchett and Rebar’s Bela, telling them, “I need you to look at San Francisco like a canvas. Tell me the things you want to do, and I’ll tell you if it’s possible or not. And that’s led to a lot of cool stuff.”

Livable city advocates like Radulovich — progressives who are generally not allied with Newsom and who have battled with him on issues from limiting parking to the Healthy Saturdays effort to create more carfree space in Golden Gate Park — give the Mayor’s Office credit for its greening initiatives.

He credits Greening Director Astrid Haryati and DPW chief Ed Reiskin with facilitating this return to urbanism. “He’s really responsive and he gets it,” Radulovich said of Reiskin. “This is really where a lot of energy is going in the mayor’s office. It seems to have captured their imaginations.”

Another catalyst was last year’s visit by New York City transportation commissioner and public space visionary Janette Sadik-Khan, who met with Reiskin and Newsom on a trip sponsored by Livable City and the San Francisco Bicycle Coalition. Radulovich said her message, which SF has embraced, is that, “There are low-cost, reversible ways you can reclaim urban space in the near term.”

The Mayor’s Office, SFBC, and Livable City partnered last year to create Sunday Streets, which involved closing streets to cars for part of the day. The events have proven hugely successful after overcoming initial opposition from merchants who now embrace it.

Then there’s the Pavement to Parks program — which involves converting streets into temporary parks for weeks or months at a time — that grew directly from the Sadik-Khan visit. Andres Power, who directs the program for the Planning Department, told us the visit was a catalyst for Pavement to Parks: “She came to the city a year ago and inspired my director, Ed Reiskin.”

“We’re rethinking what the streets are and what they can be,” Power said. “It’s rewarding to see this stuff happen and to be at the forefront of a national effort to imagine what our streets could be.”

 

DE-PAVE THE CONCRETE

Pavement to Parks launched last year, a multiagency effort with virtually no budget, but the mandate to use existing materials the city has on hand to turn underutilized streets into active parks. “It looks at areas where we can reclaim space that’s been given over to cars over the decades,” Power told the Guardian.

At the first site, where 17th Street meets Market and Castro, the city and volunteer groups used planters and chairs to convert a one-block stretch of street that was little-used by cars because of the Muni line at the site.

“We bent over backward to make the space look temporary,” Power said, noting the concern over community backlash that never really materialized, leading to two time extensions for the project. “But we’re now ready to revamp that whole space.”

Another Pavement to Parks site at Guerrero and San Jose streets was created by Jane Martin, whom Newsom appointed to the city’s Commission on the Environment in part because of the innovative work she has done in creating and facilitating sidewalk gardens since 2003.

As a professional architect, Martin was used to dealing with city permits. But her experience in obtaining a “minor sidewalk encroachment permit” to convert part of the wide sidewalk near a building she owned on Shotwell Street into a garden convinced her there was room for improvement.

“At that point, I was really jazzed with the result and response [to her garden] and I wanted to make it so we could see more of it,” she said. So she started a nonprofit group called PlantSF, which stands for Permeable Lands As Neighborhood Treasure. Martin worked with city agencies to create a simpler and cheaper process for citizens to obtain permits and help ripping up sidewalks and planting gardens.

“We want to de-pave as much excess concrete as possible and do it to maximize the capture of rainwater,” she said.

Martin said the models she’s creating allow people to do the projects themselves or in small groups, encouraging the city’s DIY tradition and empowering people to make their neighborhoods more livable. More than 500 people have responded, creating gardens on former sidewalks around the city.

“We’ll get farther faster with that model,” she said. “It’s really about engaging people in their neighborhoods and helping them personalize public spaces.”

San Francisco has always been a process-driven city. “We in San Francisco tend to plan and design things to death, so as a result, everything takes a very long time,” Power said.

But with temporary projects under Pavement to Parks, the city can finally be more nimble and flexible. Three projects have been completed so far, and the goal is to have up to a dozen done by summer.

“We’re working feverishly to get the rest of the projects going,” Power said.

One of those projects involves an impending announcement of what Power called “flexible use of the parking lane” in commercial corridors like Columbus Avenue in North Beach. “We’re taking Park(ing) Day to the next level.”

The idea is to place platforms over one or two parking spots for restaurants to use as curbside seating, miniparks, or bicycle parking. “The Mayor’s Office will be announcing in the next few weeks a list of locations,” Power said. “There have been locations that have come to us asking for this.”

“The idea is to do a few of these as a pilot to determine what works and what doesn’t. The goal is to use their trial implementation to develop a permanent process,” Power said. “We want to think of our street space as more than a place for cars to drive through or park.”

Rebar was responsible for the last of the completed Pavement to Parks projects. Known as Showplace Triangle, it’s located at the corner of 16th and Eighth streets in the Showplace Square neighborhood near Potrero Hill. For Rebar, it was like coming full circle.

“We started doing this stuff about five years ago, finding these niches and loopholes and exploring interim use as a strategy for activating urban space,” Bela said. “And to our surprise, what we perceived as a tactical action is now being embodied by strategic players like the Planning Department.”

 

REUSE, RECYCLE, REINVENT

The Rebar crew was like kids in a candy store picking through the DPW yard.

“These projects are all built with material the city owns already, so we had the opportunity to go down to the DPW yard and inventory all of these materials they had, and figure out ways to configure them to make a successful street plaza,” Bela said.

So they turned old ceramic sewer pipes into tall street barriers topped by planter boxes, and built lower gardens bordered by old granite curbs.

“We are trying to be as creative as possible with the use of materials the city already has on hand,” Power said. In addition to the DPW yard that Rebar tapped for Showplace Triangle, Power said the Public Utilities Commission, Port of SF, and the Recreation and Parks Department all have yards around the city that are filled with materials.

“They each have stockpiles of unused stuff that has accumulated over the years,” he said.

For her Pavement to Parks project on Guerrero, Martin used fallen trees that originally had been planted in Golden Gate Park — pines, cypress, eucalyptus — but were headed for the mulcher. Not only were they great for creating a sense of place, they offered a nod to the city’s natural history.

But perhaps the coolest material that had been sitting around for decades was the massive black granite blocks that Rebar incorporated into Showplace Triangle. “One of the most interesting materials that we used in Showplace Triangle was the big granite blocks from Market Street that were taken off because merchants didn’t like people encamping there. They were too successful as spaces, so they got torn out,” Merker said.

Bela said they couldn’t believe their eyes: “We saw these stacks of five-by-five by one-foot deep black granite. Just extraordinary. If we were to do a public project today, we could never afford that stuff. There’s no way. But the taxpayers bought that stuff back in the ’70s and now it’s just sitting there in the DPW yard. It’s a crime that it’s not being used, so it was great to get it back out on the street.”

Radulovich said the return of the black granite boxes to the streets represents the city coming full circle. He remembers talking to DPW manager Mohammad Nuru as he was removing the last of them from Market Street in the 1970s, citing concerns about people loitering on them.

“To see them put up again in JB’s project was symbolic of where the city went and where it’s coming back from,” Radulovich said. “It’s almost like the livability revolution got interrupted and we lost two decades and now it’s picking up again.”

Back in the 1970s, Radulovich said the city was actively creating new public spaces such as Duboce Triangle. It was also creating seating along Market Street and generally valuing the creation of gathering places. But in the antitax era that followed, public sector maintenance of the spaces lagged and they were discovered by the ever-growing ranks of the homeless that were turned loose from institutions.

“The fear factor took over,” Radulovich said. “We did a lot to destroy public spaces in the ’80s and ’90s.”

But by creating temporary public spaces, people are starting to realize what’s been lost and to value it again. “These baby steps are helping us relearn what makes a good public space,” Radulovich said.

For much of the younger generation, building public squares is a new thing. As Aguilera noted, “We don’t have a lot of public plazas anymore or places for people to gather. When Obama was elected, where did everyone go in the city? Into the streets. So we’re trying to give that back to the city.”

 

CARS TO GARDENS

Perhaps the most high-profile laboratory for these ideas is the Hayes Valley Farm, a temporary project planned for the 2.5 acres of freeway left behind after the Loma Prieta earthquake. The publicly-owned land between Oak and Fell streets is slated for housing projects that have been stalled by the slow economy.

“The site’s been vacant for 10 years. They came up with a beautiful master plan. And the moment they’re ready to move on the master plan, there’s an economic collapse, so nothing is happening,” Bela said.

In the meantime, the Mayor’s Office and Hayes Valley Neighborhood Association pushed for temporary use of the neglected site. They approached the urban farming collectives MyFarm and Upcycle. Later, Rebar was brought in to design and coordinate the project.

Now the group known as the Hayes Valley Farm Team has an ambitious plan for the area: part urban garden, part social gathering spot, and part educational space. There will be an orchard of fruit trees, a portable greenhouse, demonstrations on urban farming, and a regular farmers market.

“The different topography of ramps allows for different growing conditions. These ramps are prime exposure to the south,” Merker said. “They create these areas that can produce some really great growing conditions, so it’s kind of funny that this freeway is responsible for that. The ramps actually create different microclimates.”

Most remarkably, the whole project is temporary, designed to be moved in three years. “We’re interested in developing infrastructure and tools and machinery and implements that are sort of coded for the scale of the city: a lot of pedal-powered things, a lot of mobile infrastructure, and smaller things that are designed to be useful in a plot that is only 2.5 acres,” Bela said. “Then when we need to move on, we’ll be able to do that. It’s about being strategic with some of the investments so we can take some of the tools we develop here and move it to the next vacant lot down the street.”

The project has lofty goals, ranging from creating a social plaza in Hayes Valley to educating the public about productive landscaping. “We’re getting away from ideas of turning parks into food production — it can be both,” said David Cody of Upcycle. “We want to just crack the awareness that cities can be multi-use and agriculture doesn’t mean farm.”

This is perhaps the most ambitious temporary project the Mayor’s Office has taken on. “Rebar pushed the envelope on what is possible. I told them it would be a tough one,” Farrah said of the project. But he loves the concept: “You can argue that putting gardens in temporary spaces changes attitudes.”

Symbolically, this land seems the perfect place for such an experiment. “This really is a special spot. If you look at a map of the city, Hayes Valley is in the very center, and this is right in the heart of Hayes Valley,” Aguilera said. “And right now, in the heart of a neighborhood in the heart of the city, there’s this vacant, fallow reminder of what used to be there. We’re looking to turn it into a new beating heart that brings together lots of different parts of the community.”

 

ACTIVATING DORMANT SPACES

Activating dormant spaces in the city isn’t easy, particularly for properties with pending projects. In Hayes Valley, for example, the Rebar crew was required to develop a detailed takedown plan.

“A lot of development is hesitant to get involved with these interim uses because at the end, they’re worried that it’s going to be framed as the evil, money-hungry developer coming in to kick out artists or farmers,” Passmore said. “But the reality is, they are very generously opening up their space is the first place.”

With last year’s crash of the rental estate and credit markets, development in San Francisco stalled, leaving potentially productive land all over the city. “As the city has gone through an economic downturn, like now, the city has a lot of vacant lots with developer entitlements on them, but nothing is being built right now. Those are spaces the public has an interest in,” Merker said, citing Rincon Hill as a key example.

Michael Yarne, who facilitates development projects for the Mayor’s Office of Economic Development, has been working on how developers might be encouraged to adopt temporary uses of their vacant lots.

“How can we credit them to do a greening project on a vacant lot?” Yarne asks, a problem that is exacerbated by the complication that neither the developers nor local government have money to fund the interim improvements.

He looked at the possibility of using developer impact fees on short-term projects, but there are legal problems with that approach. The courts have placed strict limits on how impact fees are charged and used, requiring detailed studies proving that the fees offset a project’s real cost and damage.

“But there is other value we can give as a city without spending a dollar — and that is certainty,” said Yarne, a former developer. He said developers value certainty more than anything else.

Right now, developers have to return to the Planning Commission every year or so to renew project entitlements, something that costs time and money and potentially places the project at risk. But he said the city might be able to enter into developer agreements with a project proponent, waiving the renewal requirement for a certain number of years in exchange for facilitating short-term projects.

“Everyone wins. We get a short-term use, and the developer gets certainty that they won’t lose their rights,” Yarne said, noting that he’s now developing a pilot project on Rincon Hill. “If that works, that could be a template we could use over and over.”

Radulovich is happy to see the new energy Rebar and other groups are infusing into a quest to remake city streets and lots, and with the use of temporary projects to expand the realm of the possible in people’s minds: “Let’s get people reimagining what the streets could be.”

www.rebargroup.org

The Jerry Brown tapes

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By Tim Redmond
111709brown.jpg
Hillary Clinton never did this!

I think it’s pretty clear now that Jerry Brown’s press office made a huge mistake in secretly recording conversations with reporters. (For starters, why do it in secret? I’ve done plenty of interviews where I turned on the tape recorder and the politician’s press secretary said, hey, I’m going to record this, too, just so we have a copy and we can be sure you’re report is accurate. Which is always fine with me, and I’m sure would have been fine with the reporters in this case.)

But one good thing came out of it: We have the full transcripts of some fascinating interviews.

Joe Matthews at Foxandhoundsdaily has posted the full 93-page pdf here.

I agree with Matthews — the best interview is the one with AP reporter Beth Fouhy. It shows the good and the bad side of Jerry Brown in full glory, more than any summary or even detailed profile could. It also shows why the progressives need to be prepared to really push Brown on some critical issues — because whatever he was in the 1970s, he’s not acting like a progressive today.

Some of the remarkable details from the interview:

Fouhy: I think you make a really good point. Hillary [Clinton] had never been a candidate.

JB: She doesn’t have the scope. She didn’t work with Mother Theresa. She didn’t spend six months working in a Zen Buddhism. She didn’t take Linda Ronstadt to Africa. She didn’t have her own astronaut. I had Rusty Triker (sic), an astronaut. I put him on the state energy commission. There is a certain texture to who I am, and it’s unique, so I don’t know how you compare it.

JB: I’d like to do something about the prisons. They’re very expensive and have a gross inefficiency, the recidivism rate in California prisons is the highest in the country. What that means is that they’re not working. They keep people off the street, but when they return them, they’re as bad as when they went in, if not worse.

JB: The last time there was real creativity in the state was when I was governor. We created the California Conservation Corp., made the state the leader in wind energy, that was the time when these new innovations in Silicon Valley came along. I brought people into government. We protected the wild and scenic rivers. In fact, people stigmatized, they said there were too many new ideas.

JB: Is the past yesterday? Or ten years from today?

Fouhy: Do you think that Prop. 13 needs to go away?

JB: The real estate taxes have grown since Prop. 13 dramatically. Because property has shifted. Property shits, the tax rate goes up to the current assessed value. …. 13 has centralized decision making in state government and it may be that local government needs more authority to make decisions and I think that’s worth looking at.

So Brown at least gets the point on the state prisons — but he pulls a world-class duck on Prop. 13. He talks about creativity in government, and it’s true — back in his first term, the state did all sorts of cool stuff. But that was when Brown was willing to take risks. Now he’s sounding too much like a grump who doesn’t think anything can really change — witness his battle with John Burton, in which he proclaimed that single-payer “is never going to happen.”

The old Jerry Brown would never have used that term.

So he’s got his old weird (sometimes lovable) spacy-ness, but not so much of the bold vision. Not a great combo.

The Examiner’s swipe at Jerry Brown

3

By Tim Redmond

Newspapers that subscribe to wire services like AP have the right to condense, edit, and pretty much use the material any way they want. The results can be telling.

Witness the AP story that ran today on Jerry Brown’s campaign for governor.

You can read what appears to be the full, unedtied version here.

Then there’s the version that ran in the print edition of the Examiner. You can find that by going here and paging through to p. 17.

I got an interesting email from h. brown on the two stories. His analysis:

What was cut:

“Obama [won] the biggest margin of victory in a
California presidential election since at least
WW II.”

Praise for Brown:

“opening government for women and minorities”

“Democratic party becoming increasingly diverse”

[The original story] said that Brown is: “famously independent”

The Examiner editors changed it to:

“famously erratic personality and propensity
for outlandish statements”

Again: Nothing out of the ordinary here at all, editors do this stuff every day. But it’s an interesting window into how media bias shows up in the most subtle little ways.

Listen to the community

0

news@sfbg.com

The HIV/AIDS support community celebrated when President Barack Obama recently lifted the 22-year long U.S. travel ban against people infected with HIV. But officials say the federal government is still deaf to local needs and not making the best use of scarce resources.

The U.S. Conference on AIDS, held Oct. 29-31 at the Hilton San Francisco Hotel, attracted more than 3,000 AIDS treatment and prevention professionals and emphasized the unmet needs of the most at-risk communities.

"By extending the Ryan White Care Program and by lifting the ban, Obama has made a lot of people very happy," said Ravinia Hayes-Cozier, director of government relations and public policy for the National Minority AIDS Council, which sponsored the conference. "But we have to continue to do things differently here, to do things better, and to let the rest of the country know about the epidemic that is in all of our communities."

According to the Centers for Disease Control and Prevention (CDC), more than 56,000 Americans become infected with HIV each year — one every nine-and-a-half minutes — and more than 1 million people living with HIV in the U.S.

Despite these figures, community workers said little movement has been seen on the domestic side in the last eight years and that federal funding often fails to fund the full range of services people need.

"The CDC wants to see deliverable results in the fight against AIDS, which is understandable," said Alfred Forbes, a holistic consultant who led a workshop at the conference on how support and quality of life services have been neglected. "But I believe it has come to the point where we have missed our missions. A lot of organizations are more in touch with the federal funding in their pockets than their own communities."

While Obama’s 2010 budget request includes an estimated $25.8 billion for HIV/AIDS activities, only 4 percent of that is allocated toward domestic HIV prevention, thanks to the emphasis on more traditional care services.

"In the early days of epidemic, most of the work was done by the community, and we would try everything," said Karl Knapper, a program manager at the SF-based nonprofit Shanti. "But while it’s easy to look at results for providing care for people with HIV and AIDS, preventing it is very hard to prove — it’s like trying to prove a negative."

An organization that understands this problem well is the San Francisco AIDS Foundation, an agency that offers one of the oldest syringe exchange services in the country, a program banned from receiving federal funds.

"There is proof this program is saving lives. Before these services were available, 16 to 19 percent of new HIV-infections were caused by sharing syringes. But now in San Francisco, less than 1 percent of new infections are caused this way," said interim vice president of programs and services Keith Hocking.

Of the 28,114 cumulative AIDS cases in San Francisco at the end of 2008, 94 percent were male, 4 percent were female, and 1 percent were transgender persons. Seventy percent of male AIDS cases were among men who have sex with men.

Yet when a San Francisco group working to prevent HIV transmission among all gay and bisexual men created what it thought was a powerful publicity campaign five years ago, it got vilified in Congress and lost its federal funding. "We produced materials that we thought were appropriate for our constituents, and it was a disaster," said Kyriell Noon, executive director of the STOP AIDS Project. "They called it pornography and indecent. But to be perfectly honest, community norms when talking about sex are different in gay and bisexual communities.

"We have to meet the community if we are going to have any effect on the epidemic," Noon continued. "But there is a real disconnect between what we know is effective and what the government wants to fund."

The federally funded Ryan White Program, which covers underinsured individuals living with HIV/AIDS, got $2.3 billion this fiscal year, a $54 million increase over last year. While the CDC has increased funds for HIV prevention by the same amount, many community-based organizations must rely on the San Francisco Department of Public Health to fund less traditional services.

In July of this year, SFDPH allocated $11.5 million for HIV prevention, with $5 million coming from city and state funds. Dr. Grant Colfax, director of HIV Prevention and Research at SFPDH, said community partnership is crucial when tackling the disease.

"We work closely with the community planning council and base our priorities on what communities want and need," he said. "But I really do think it’s progressive to be able to hold ourselves accountable for the preventive methods we use. We do have to show it works."

"There are lots of different opportunities for funding, but we can’t afford to fund everyone," said CDC spokesperson Nikki Kay. "Community-based organizations must apply competitively."

Crossing the line

0

sarah@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

BAD DAY AT SCHOOL


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DEATH MARCH


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

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

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

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

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

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

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

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

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

WHERE ARE THEY NOW?


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

LETTER OF THE LAW


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

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

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

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

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

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

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

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

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

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

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

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

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

CHILDREN ON ICE


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

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

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

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

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

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

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

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

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

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

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

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

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

What’s up with the Ramos red herring?

3

Text by Sarah Phelan

My editor Tim Redmond just asked why just every story about the city’s sanctuary ordinance seems to start with Ramos?

It’s a good question, especially since the Campos legislation would ensure that folks like Ramos would be deported, “not once, but twice,” as Campos puts it.

So why does the Ramos red herring keep popping up? Maybe it’s because anti-immigrant groups keep mentioning Ramos in an effort to keep the media focused on “security” issues, and not on “child welfare” arguments.

Most arguments around juvenile immigrant policy issues typically split into these two camps–the security camp and the child welfare camp– as noted in a 2009 Congressional Research Services report on juvenile immigrants by Chad C. Haddal.

In his 28-page report, Haddal observes that the debate over policy questions regarding unaccompanied alien children, or UAC, (as the federal government describes juvenile immigrants who appear to be here without family) “has polarized in recent years between two camps: child welfare advocates and immigration security advocates.”

As Haddal observes, tthe child welfare group “has for decades advocated a more refugee-oriented policy toward UAC, arguing that the UAC are largely victims of trafficking, abuse and economic circumstances. Security advocates, by contrast, advocate a more restrictive policy of deportation and repatriation, charging that unauthorized immigration is associated with increased community violence and illicit activities such as gang memberships. The UAC policy question is how to provide for the security of the United States while simultaneously safeguarding the rights and safe treatment of unaccompanied alien children.”

What’s interesting about Haddal’s analysis is that it poses the question of why the “child welfare” side of the argument fell by the wayside in San Francisco, under Mayor Gavin Newsom’s leadership.

Could it be because the mayor’s criminal justice department was dominated by Republican leaders who had Newsom’s ear last summer, just as he was making his doomed entry into the gubernatorial race? And that now that Newsom has let himself be backed into a policy corner, he doesn’t seem to be able to acknowledge the child welfare argument, let alone debate it with Campos in a public arena?

SF leaders blew it on taxes

13

By Steven T. Jones
govmon.jpg
San Francisco missed an important opportunity to pass new taxes yesterday, and it was an opportunity missed because of a lack of political leadership in this city, which failed to put any tax measures on the ballot. Because there are signs in yesterday’s votes that, while people may not like new taxes, they hate the drastic downsizing of government even more.

As the Chronicle reported, tax measures passed in several Bay Area cities that are far less politically progressive than San Francisco. And in Maine, voters rejected same-sex marriage, but they voted overwhelming against measures to lower the car tax and require voter approval for tax increases (the latest battle in a right-wing crusade that began in California).

Here in San Francisco, where voters don’t like advertising signs or corporate sell-outs, we nonetheless voted to sell naming rights to Candlestick Park. And the nearly 40,000 people who went that way, 57.5 percent of the voters, was almost identical to the number who approved Prop. E, which banned new general advertising on public property.
To me, that’s not a contradiction, but a clear sign that people desperately want local government to have more money, even if it means accepting things they don’t like. Such as signs, or taxes.

Prop. D, which would have allowed billboards along a stretch of Market Street, was another indicator. Even some progressives supported the measure out of desperation to address blight in mid-Market, but it ultimately failed by 10 percentage points. But we don’t need to be that desperate, not if our political leaders start making the argument now for higher taxes on the wealthiest individuals and corporations in the city.

The Right (and that includes all those San Francisco economic conservatives who call themselves “moderates,” such as Gavin Newsom) is wrong. People no longer buy the Reagan mantra “government is the problem,” and perhaps, just maybe, they’re starting to realize that we need to begin to rescue the public sector from these anti-tax zealots.

Cary Cronenwett

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Cary Cronenwett first heard the cinematic call in 1998. He was volunteering at Frameline, the San Francisco International LGBT Film Festival, and caught an experimental film, Dandy Dust, by Austrian director A. Hans Schierl. "That made me think, ‘Wow — I could make a film.’ I think it’s a natural reaction that everybody has after watching a shorts program. I was like, ‘I’ll make something five minutes [long] — it’ll be really cool!’"

As Cronenwett soon realized, nothing is easy when it comes to filmmaking. In 2003, after more than a year of work, Phineas Slipped, a 16-minute short about daydreaming schoolboys, screened at Frameline. One of Phineas Slipped‘s main characters is played by Stormy Henry Knight, who also stars in Cronenwett’s debut feature, Maggots and Men. Earlier this year, Cronenwett described Knight to Guardian writer Matt Sussman as "the transgender Matt Dillon" — and the principle Maggots cast is composed of similarly hunky FTM actors, along with a handful of women and biological men (including a Lenin lookalike). The story is based on the real-life Kronstadt Rebellion of 1921, in which a group of sailors organized an ultimately unsuccessful revolt against the Bolshevik government. The style is reminiscent of Russian director Sergei Eisenstein’s most famous film, a chapter of which gave Maggots its title.

"I hadn’t seen Battleship Potemkin [1925] when I had the idea [for Maggots and Men]," Cronenwett admits. "My interest was making a sailor movie and playing with the masculine icon. I wanted to do something that was really romantic and took place in a different time and place."

Five years in the making — including time spent studying filmmaking at City College of San Francisco — the work was first seen by Bay Area audiences as a short film at Frameline 2008. The final, 53-minute version unspooled at Frameline 2009; Cronenwett credits San Francisco’s vast DIY and artistic networks with helping him get to the finish line: "Different people got excited about the project for different reasons. Some people were drawn because they’re interested in Russian history, [or] Super 8 special effects. And then we had trans guys who were interested in working with other trans guys on an art project, which was exciting."

The film’s revolutionary ideas extend beyond historical reenactment. "The film contextualizes the movement for transgender equality in a larger social justice movement," Cronenwett wrote in a post-interview e-mail. "It’s about hope, a vision. It’s about the corruption of power and a system that crushes its opposition. It’s about wanting more from society."

www.homepage.mac.com/gowithflo/krondweb

>>GOLDIES 2009: The 21st Guardian Outstanding Local Discovery awards, honoring the Bay’s best in arts

The pension fund evictions

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news@sfbg.com

In the wake of some big money-losing real estate deals, the California Public Employee’s Retirement System, the largest public pension fund in the nation, is reviewing its investment policies. But it’s too late to help working-class people displaced by two major CalPERS investments.

In 2006, at the height of the real estate bubble, CalPERS put $600 million into real estate deals in New York City and East Palo Alto that, critics say, have led to rent hikes, displacements, and harassment of moderate-income tenants.

The pension fund invested $100 million in Page Mill Properties II, which used the money, along with a sizable bank loan from Wachovia, in a 2006 building-purchase frenzy. The outfit wound up with more than 100 buildings in East Palo Alto — some 1,800 housing units. Another $500 million went to Tishman Speyer Properties and BlackRock Realty, cash that was used in the $5.4 billion deal to snag the Manhattan apartment complexes Stuyvesant Town and Peter Cooper Village.

Those investments are currently teetering on financial ruin. The San Jose Mercury News reported Sept. 9 that Page Mill Properties missed a $50 million dollar balloon payment on its $243 million loan. Now the properties owned by Page Mill are in receivership, placing the landlord’s future and CalPERS’ investment in peril. (Our calls to Page Mill haven’t been returned.)

A Sept. 9 New York Times article quoted real estate analysts predicting that Tishman Speyer and BlackRock would exhaust their funds by December and face loan defaults. A recent New York state court ruling may hold the companies responsible for an estimated $200 million in improper rent overcharges.

Rent overcharges — in violation of rent-control laws — is one piece of what some have labeled "predatory equity" schemes. A May 9, 2008 Times article described the idea: buy rental housing with a lot of middle-income tenants, remove those tenants from rent-controlled units, and re-rent the places to richer people at higher rent. The outcome was supposed to be a quick, profitable return on high-risk investments.

TROUBLE IN EAST PALO ALTO


The Page Mill properties in East Palo Alto border the more affluent neighborhoods of Palo Alto and Menlo Park on the west side of Highway 101. The neighborhood is home to service workers and public employees, many of them people of color. "It’s choice real estate, no question about it. I don’t think Page Mill’s plan was to serve the low-income tenants," Andy Blue of the advocacy group Tenants Together told us.

But local officials haven’t been thrilled with the results. "We are under siege by Page Mill Properties," East Palo Alto Mayor Ruben Abrica told the Mercury News last month. The city is locked in several court battles with the real estate outfit, including two over the city’s rent stabilization ordinance.

A resolution passed by the City Council last year stated that Page Mill had imposed rent increases beyond the 3 percent allowed by the ordinance, and urged CalPERS to intervene.

In an document e-mailed to CalPERS and obtained by Tenants Together, Page Mill claims its rent increases averaged 9 percent. But a class-action suit filed by several Page Mill tenants reported increases of more than 30 percent. A 2008 injunction filed by the city against Page Mill cited increases ranging from 5 percent to 40 percent.

According to the Fair Rent Coalition’s Web site, nearly half the people affected were cost-burdened as defined by government standards — meaning that more than 30 percent of their income already went to rent. The result of the rent increases, according to the city’s resolution, was the displacement of low-income tenants from their homes.

In fact, vacancy rates in East Palo Alto spiked after Page Mill came on the scene. According to numbers crunched by the Fair Rent Coalition and based on 2007 census data, the vacancy rate reached 24 percent in 2008. Before Page Mill started buying up property, vacancy rates were as low as 2 percent. Further, there were 182 evictions between 2007 and 2009 according to the San Mateo County Sheriff’s Office.

RAW DEAL IN MANHATTAN


The Tishman Speyer deal has gotten a lot of press on the East Coast — much of it highly critical. The two massive housing complexes were built for middle-income renters and were one of the few moderate-income communities remaining in Manhattan.

David Jones, president of the Community Service Society of New York, wrote in a Sept. 17 Huffington Post piece that it was the intention of Tishman Speyer to shove aside moderate income to make room for more affluent renters who can afford the higher rents. He called it a "classic example of ‘predator equity.’"

Dina Levy, who works with the New York advocacy group Urban Homesteading, agrees with that assessment. She told us in a phone interview that it was obvious what plans the real estate firms had in mind for the properties.

She said that CalPERS, as a public agency, should have been more careful about getting involved in this sort of investment. She told us that other bankers she talked to thought the deal was toxic and stayed away. "Why would CalPERS put money into a deal that’s predicated on displacing families?" Levy asked.

The Wall Street Journal reported Oct. 23 that CalPERS is extensively reviewing its relationship with Apollo Global Management, which handled a majority of its real estate equity. The fund also issued a new policy on its dealings with placement agents.

But so far, there has been no public investigation of the East Palo Alto and New York investments. Tenancy advocacy groups and East Palo Alto have asked CalPERS to take an active role in the management of Page Mill’s property.

"It doesn’t appear that the human impact of their investments were considered at all as part of this," Tenants Together executive director Dean Preston told us.

Preston’s group is trying to get CalPERS to adopt predator-free investment guidelines — a policy that already has been instituted by New York’s pension fund.

CALPERS DUCKS


In a February letter to Tenants Together, CalPERS called itself a "limited partner in the partnership" and expressed concern over the situation in East Palo Alto, stating that it is reviewing the allegations.

But tenant advocates say the giant fund has been missing in action. "There hasn’t been anything that they’ve told us they’ve been doing or that we’ve seen them do," Preston said.

That hands-off approach appears to violate CalPERS’ stated policies. Two months before allocating funds to Page Mill, CalPERS coauthored and signed the United Nations Principles for Responsible Investment (UNPRI). No. 2 of the six principals states: "We will be active owners and incorporate ESG [environmental, social, and corporate governance] issues into our ownership policies and practices."

CalPERS has been eyeing real estate windfalls since 2002. According to memos and letters given to us by the Fair Rent Coalition, agency staffers that year were discussing an "opportunistic real estate fund." The result of those discussions: discretionary authority given to the senior investment officer for investments up to $100 million, with anything beyond that requiring approval from the chief investment officer.

Paradoxically, the compensation package that rates the senior investment officer’s performance has no provision for the social responsibilities. This coming year’s compensation package now includes a "Best Practices" measure on ethics and risk management. But there’s still no provision for social responsibility.

The California Assembly Committee on Public Employees, Retirement, and Social Security monitors the pension fund, but CalPERS has autonomous authority over its investments. Chief consultant Karon Green told us that the committee is "going to watch to see what the board does and gauge our response based on that."

CalPERS has yet to respond to our inquiries, and hasn’t responded to our public records request for documents pertaining to what Page Mill and its CEO David Taran proposed for the East Palo Alto properties.

Similar requests were made by Tenants Together and the Fair Rent Coalition. CalPERS responded that those documents were confidential, although some e-mails were handed over to the advocacy groups the day before they were to meet with the CalPERS board in December 2008.

Although it calls itself a "limited partner," the e-mails illustrate a closer relationship between CalPERS and Page Mill. In an e-mail to CalPERS, Taran asked for a copy of the public records request made by a San Jose journalist so "we can review them and get back to you regarding what should not be produced and is confidential."

Preston points to the larger policy issue. "If there were a few bad real estate managers who were investing in this, then they should lose their jobs," he said. "But the idea that they just sweep under the rug their $100 million loss in East Palo Alto and their $500 million loss in New York, and whatever other schemes they’re involved in, is just unacceptable."

Christopher Lund, a Page Mill tenant and communications director for the Fair Rent Coalition, agrees. "They’ve gotten burned on some of these high-risk investments over the past year or two. But institutional memory is short and in 10 years when the real estate market is booming, if there’s no transparency and no oversight, this is going to happen somewhere else."

Film listings

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Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Max Goldberg, Dennis Harvey, Johnny Ray Huston, Louis Peitzman, Lynn Rapoport, Ben Richardson, Matt Sussman, and Laura Swanbeck. The film intern is Fernando F. Croce. For rep house showtimes, see Rep Clock. For first-run showtimes, see Movie Guide.

OPENING

The Box Donnie Darko (2001) director Richard Kelly’s latest is an adaptation of the Richard Matheson story about a mysterious box causes both riches and destruction. Cameron Diaz and Frank Langella star. (1:56) California, Four Star, Presidio.

Disney’s A Christmas Carol Jim Carrey plays multiple roles in this 3-D animated take on the Dickens classic, directed by Robert Zemeckis (2004’s The Polar Express). (1:36) Presidio.

The Fourth Kind Milla Jovovich stars as an Alaska doctor investigating alien abductions. (1:38)

Gentlemen Broncos The latest from Napoleon Dynamite (2004) director Jared Hess is about a Utah teen (Michael Angarano) who is obsessed with science fiction. (1:51) Embarcadero.

The Men Who Stare at Goats Jon Ronson’s nonfiction book about government psy-ops gets the lighthearted screen treatment, with George Clooney, Kevin Spacey, Jeff Bridges, and Ewan McGregor. (1:28) Cerrito, Presidio, Shattuck.

*Skin This is one of those movies that works in large part because you know it’s a true story –- its truth is almost too strange to be credible as fiction. In 1955 the Laings, a white Afrikaner couple (played by the blond and blue-eyed likes of Sam Neill and Alice Krige) gave birth to a second child quite unlike their first, or themselves. Indeed, Sandra (Ella Ramangwane) was, by all appearances, black. Mrs. Laing insisted she hadn’t been unfaithful –- further, the couple were firm believers in the apartheid system –- and it was eventually determined Sandra’s looks were the result of a rare but not-unheard-of flashback to some "colored" genes no doubt well-buried far in their colonialist ancestry. Living in rural isolation, the well-intentioned Laings were able to keep Sandra oblivious to her being at all "different." But when time came to send her off to boarding school, she got a rude awakening in matters of race and class, resulting in court battles and myriad humiliations. Sophie Okonedo (2004’s Hotel Rwanda) plays the rebellious adult Sandra, who must reject her upbringing to find an identity she can live with –- as opposed to the wishful-thinking one her parents insist upon. Based on the real protagonist’s memoir, Anthony Fabian’s first feature observes the institutional cruelty and eventual fall of apartheid from the uniquely vivid perspective of someone yanked from privilege to prejudice. It’s a sprawling, involving story that affords excellent opportunities for its very good lead actors (also including Tony Kgoroge as Sandra’s abusive eventual husband). (1:47) Clay, Shattuck, Smith Rafael. (Harvey)

(Untitled) The sometimes absurd pretensions of the modern art world have –- for many decades –- been so easily, condescendingly ridiculed that its intelligently knowing satire is hard to come by. (How much harder still would it be for a fictive film to convey the genius of, say Anselm Kiefer? Even Ed Harris’ 2000 Pollock less vividly captured the art or its creation –- better done by Francis Ford Coppola and Nick Nolte in their 1989 New York Stories segment –- than the usual tortured-artist histrionics.) Bay Arean Jonathan Parker attempts to correct that with this perhaps overly low-key witticism. Erstwhile Hebrew Hammer Adam Goldberg plays a composer of painfully retro, plink-plunk 1950s avant-gardism. (His favorite instrument is the tin bucket.) His lack of success is inevitable yet chafes nonetheless, because he’s a) humorlessly self-important, and b) sibling to a painter (Eion Bailey) whose pleasant, unchallenging abstracts are hot properties amongst corporate-art buyers. But not hot enough for his gorgeous agent (Marley Shelton), who puts off showing him at her Chelsea gallery in favor of cartoonishly "edgy" artists –- like soccer hooligan Vinnie Jones as a proponent of lurid taxidermy sculpture –- and takes a contrary (if unlikely) fancy to Goldberg. (How could her educated like not know his music is even less cutting-edge than the brother’s canvases?) (Untitled) holds interest, but it’s at once too glib and modest –- exaggerative sans panache. This is equivalently if differently problematic from Parker’s 2005 Henry James-goes-Marin County The Californians. It can’t compare to his 2001 feature debut, the excellent Crispin Glover-starring translation of Melville’s Bartleby to Rhinoceros-like modern office culture. (1:30) Embarcadero, Shattuck. (Harvey)

Visual Acoustics Chances are you’ve seen one of Julius Shulman’s photographs. As the premiere architectural photographer during an outpouring of California-based creativity, Shulman captured the work of legends like Richard Neutra and Frank Lloyd Wright, transutf8g their constructive triumphs into powerful, iconic images. He is the subject of Visual Acoustics, a documentary by director Eric Bricker, which splits its time between the photographer’s long history and his current activities. A vital, avuncular nonagenarian, Shulman’s wit, optimistic outlook, and undimmed passion for design provide the film’s best moments; he is frequently found strolling arm and arm with the owner of some Modernist marvel, dispensing wisdom with a smile. The film is not strictly for the architectural cognoscenti, and though a familiarity with the medium is recommended, it holds up well enough as the story of a lovable, talented old man. (1:24) Lumiere. (Richardson)

ONGOING

Amelia Unending speculation surrounds the fate of aviator Amelia Earhart, who, with navigator Fred Noonan, disappeared in 1937 over the Pacific while attempting to circumnavigate the globe. However, Mira Nair’s biopic Amelia clarifies at least one fact: that Earhart (played by Hilary Swank) was a free-spirited freedom-loving lover of being free. We learn this through passages of her writing intoned in voice-over; during scenes with publisher and eventual husband George Putnam (Richard Gere); and via wildlife observations as she flies her Lockheed Electra over some 22,000 miles of the world. Not much could diminish the glory of Earhart’s achievements in aviation, particularly in helping open the field to other female pilots. And Swank creates the impression of a charming, intelligent, self-possessed woman who manages to sidestep many of fame’s pitfalls while remaining resolute in her lofty aims. She’s also slightly unknowable in her cheery, near-seamless virtue, and the film’s adoring depiction, with its broad, heavy strokes, at times inspires a different sort of restlessness than the kind that compels Earhart to take flight. Amelia is structured as a series of flashbacks in which the aviator, while circling the earth, retraces her life –- or rather, the highlights of her career in flying, her marriage to Putnam, and her affair with Gene Vidal (Ewan McGregor), another champion of aviation (and the father of author Gore). And this, too, begins to feel lazily repetitive, as we return and return again to that cockpit to stare at a doomed woman as she stares emotively into the wild blue yonder. (1:51) Oaks, 1000 Van Ness, Piedmont, Sundance Kabuki. (Rapoport)

Antichrist Will history judge Lars von Trier as the genius he’s sure he is? Or as a humorless, slightly less cartoonish Ken Russell, whipping images and actors into contrived frenzies for ersatz art’s sake? You’re probably already on one side of the fence or the other. Notorious Cannes shocker Antichrist will only further divide the yeas and nays, though the film does offers perhaps the most formally beautiful filmmaking von Trier’s bothered with since 1984’s The Element of Crime. Grieving parents Charlotte Gainsbourg and Willem Dafoe retreat to a forest primeval enabling widescreen images of poetic succulence. Yet that beauty only underlines Antichrist‘s garishness. One film festival viewer purportedly barfed onto the next row — and you too might recoil, particularly if unaccustomed to gore levels routinely surpassed by mainstream horror. Does Antichrist earn such viewer punishment by dint of moral, character, narrative, or artistic heft? Like slurp it does. What could be more reactionary than an opening in which our protagonists "cause" their angelic babe’s accidental death by obliviously enjoying one another? Shot in "lyrical" slow-mo black and white, it’s a shampoo commercial hard-selling Victorian sexual guilt. Later, Dafoe’s "He" clings to hollow psychiatric reason as only an embittered perennial couch case might imagine. Gainsbourg’s "She" morphs from maternal mourner to castrating shrike as only one terrified of femininity could contrive. They’re tortured by psychological and/or supernatural events existing solely to bend game actors toward a tyrant artiste’s whims. There’s no devil here — just von Trier’s punitive narcissism. (1:49) Lumiere, Shattuck, Smith Rafael. (Harvey)

*Astro Boy How can a robo-kid so cute be so sad? That’s the beautiful paradox of Astro Boy, the atomic age Japanese manga-cum-Pinocchio parable here given loving new life. Genius creator Osamu Tezuka’s original Astro Boy cannily grappled with the seductions and dangers of Japan’s economic miracle, the country’s conflicted emotions about the technology that fueled both Astro Boy and the war machine, and the struggle between industrialization and the environment. This update adds the recurring favorite sci-fi leitmotif of artificial intelligence — and by extension what it means to be human and non-human — to the mix. This adorable toaster (voiced by Freddie Highmore) awakens with memories of Toby, the brilliant, rebellious son of robotics genius Dr. Tenma (Nicolas Cage), believing he is a boy not a robot. The grief-stricken Tenma built him after the original Toby was killed during the test of a new robotic weapon. Eventually cast out by his Frankenstein father-creator and coping with some major identity issues, Astro Boy finds his place among a slew of outcasts on the now garbage- and robot part-strewn Wall-E-esque Earth, where his sense of compassion and mega powers threaten to bridge the seemingly insurmountable differences between humans and robots. Despite the speed with which director David Bowers and his team put together this animated feature, which boasts the voicings of stars like Charlize Theron and Nathan Lane, Astro Boy succeeds in delivering that crucial hybrid of action, comedy, and emotional heft that the best of classic animation offers, while touching lightly out relevant ideas about technology. (1:34) 1000 Van Ness, Shattuck. (Chun)

*The Beaches of Agnès Director’s commentaries are par for the course in the DVD age, but few filmmakers posses the élan to warrant a feature length auto-exegesis. Agnès Varda is one, and her most recent memory machine — she claims it’s her last — cheerfully dissolves the boundaries between memoir, retrospective, and installation. We begin on the beach, with the 80-year old Varda spryly instructing her young assistants on the placement of various mirrors. "If we opened people up, we’d find landscapes," she explains of her motivation for filmmaking, before embarking on an unclassifiable daisy chain of reenactment and reminiscence. The film moves at the leisurely pace of the flâneur’s walk, the better to relish Varda’s joie de vivre and sweet bawdiness. Her chameleon colored bowl cut dares us to keep abreast of her quicksilver digressions on the past (fact or fiction matters less than then and now). As with 2000’s The Gleaners and I, she’s most free with the things she adores: blurry foregrounds, old photographs, heart-shaped potatoes, ancient frescoes, the human body and neighbors. "All the dead lead me back to Jacques," she says, referring to her great love, Jacques Demy, and their life together loops The Beaches of Agnès with a beauty not soon forgotten. (1:40) Opera Plaza, Shattuck. (Goldberg)

*Bright Star Is beauty truth; truth, beauty? John Keats, the poet famed for such works as "Ode on a Grecian Urn," and Jane Campion, the filmmaker intent on encapsuutf8g the last romance of the archetypal Romantic, would have undoubtedly bonded over a love of sensual details — and the way a certain vellum-like light can transport its viewer into elevated reverie. In truth, Campion doesn’t quite achieve the level of Keats’ verse with this somber glimpse at the tubercular writer and his final love, neighbor Fanny Brawne. But she does bottle some of their pale beauty. Less-educated than the already respected young scribe, Brawne nonetheless may have been his equal in imagination as a seamstress, judging from the petal-bonneted, ruffled-collar ensembles Campion outfits her in. As portrayed by the soulful-eyed Abbie Cornish, the otherwise-enigmatic, plucky Brawne is the singularly bright blossom ready to be wrapped in a poet’s adoration, worthy of rhapsody by Ben Whishaw’s shaggily, shabbily puppy-dog Keats, who snatches the preternaturally serene focus of a fine mind cut short by illness, with the gravitational pull of a serious indie-rock hottie. The two are drawn to each other like the butterflies flittering in Brawne’s bedroom/farm, one of the most memorable scenes in the dark yet sweetly glimmering Bright Star. Bathing her scenes in lengthy silence, shot through with far-from-flowery dialogue, Campion is at odds with this love story, so unlike her joyful 1990 ode to author Janet Frame, An Angel at My Table (Kerry Fox appears here, too, as Fanny’s mother): the filmmaker refuses to overplay it, sidestepping Austenian sprightliness. Instead she embraces the dark differences, the negative inevitability, of this death-steeped coupling, welcoming the odd glance at the era’s intellectual life, the interplay of light and shadow. (1:59) Elmwood. (Chun)

*Capitalism: A Love Story Gun control. The Bush administration. Healthcare. Over the past decade, Michael Moore has tackled some of the most contentious issues with his trademark blend of humor and liberal rage. In Capitalism: A Love Story, he sets his sights on an even grander subject. Where to begin when you’re talking about an economic system that has defined this nation? Predictably, Moore’s focus is on all those times capitalism has failed. By this point, his tactics are familiar, but he still has a few tricks up his sleeve. As with Sicko (2007), Moore proves he can restrain himself — he gets plenty of screen time, but he spends more time than ever behind the camera. This isn’t about Moore; it’s about the United States. When he steps out of the limelight, he’s ultimately more effective, crafting a film that’s bipartisan in nature, not just in name. No, he’s not likely to please all, but for every Glenn Beck, there’s a sane moderate wondering where all the money has gone. (2:07) California, 1000 Van Ness. (Peitzman)

Cirque du Freak: The Vampire’s Assistant (1:48) 1000 Van Ness, SF Center.

Coco Before Chanel Like her designs, Gabrielle "Coco" Chanel was elegant, très chic, and utterly original. Director Anne Fontaine’s French biopic traces Coco (Audrey Tautou) from her childhood as a struggling orphan to one of the most influential designers of the 20th century. You’ll be disappointed if you expect a fashionista’s up close and personal look at the House of Chanel, as Fontaine keeps her story firmly rooted in Coco’s past, including her destructive relationship with French playboy Etienne Balsar (Benoît Poelvoorde) and her ill-fated love affair with dashing Englishman Arthur "Boy" Capel (Alessandro Nivola). The film functions best in scenes that display Coco’s imagination and aesthetic magnetism, like when she dances with Capel in her now famous "little black dress" amidst a sea of stiff, white meringues. Tautou imparts a quiet courage and quick wit as the trailblazing designer, and Nivola is unmistakably charming and compassionate as Boy. Nevertheless, Fontaine rushes the ending and never truly seizes the opportunity to explore how Coco’s personal life seeped into her timeless designs that were, in the end, an extension of herself. (1:50) Albany, SF Center, Sundance Kabuki. (Swanbeck)

Couples Retreat You could call Couples Retreat a romantic comedy, but that would imply that it was romantic and funny instead of an insipid, overlong waste of time. This story of a group of married friends trying to bond with their spouses in an exotic island locale is a failure on every level. Romantic? The titular couples — four total — represent eight of the most obnoxious characters in recent memory. Sure, you’re rooting for them to work out their issues, but that’s only because awful people deserve one another. (And in a scene with an almost-shark attack, you’re rooting for the shark.) Funny? The jokes are, at best, juvenile (boners are silly!) and, at worse, offensive (sexism and homophobia once more reign supreme). There is an impressive array of talent here: Vince Vaugh, Jason Bateman, Kristen Bell, Jean Reno, etc. Alas, there’s no excusing the script, which puts these otherwise solid actors into exceedingly unlikable roles. Even the gorgeous island scenery — Couples Retreat was filmed on location in Bora-Bora — can’t make up for this waterlogged mess. (1:47) 1000 Van Ness, Presidio, SF Center. (Peitzman)

*The Damned United Like last year’s Frost/Nixon, The Damned United features a lush 70’s backdrop, a screenplay by Peter Morgan, and a commanding performance by Michael Sheen as an ambitious egotist. A promising young actor, Sheen puts on the sharp tongue and charismatic monomania of real-life British soccer coach Brian Clough like a familiar garment, blustering his way through a fictionalized account of Clough’s unsuccessful 44-day stint as manager of Leeds United. Though the details of high-stakes professional "football" will likely be lost on American viewers, the tale of a talented, flawed sports hero spiraling deeper into obsession needs no trans-Atlantic translation, and the film is an engrossing portrait of a captivating, quotable character. (1:38) Elmwood, Opera Plaza. (Richardson)

*An Education The pursuit of knowledge — both carnal and cultural — are at the tender core of this end-of-innocence valentine by Danish filmmaker Lone Scherfig (who first made her well-tempered voice heard with her 2000 Dogme entry, Italian for Beginners), based on journalist Lynn Barber’s memoir. Screenwriter Nick Hornby breaks further with his Peter Pan protagonists with this adaptation: no man-boy mopers or misfits here. Rather, 16-year-old schoolgirl Jenny (Carey Mulligan) is a good girl and ace student. It’s 1961, and England is only starting to stir from its somber, all-too-sober post-war slumber. The carefully cloistered Jenny is on track for Oxford, though swinging London and its high-style freedoms beckon just around the corner. Ushering in those freedoms — a new, more class-free world disorder — is the charming David (Peter Sarsgaard), stopping to give Jenny and her cello a ride in the rain and soon proffering concerts and late-night suppers in the city. He’s a sweet-faced, feline outsider: cultured, Jewish, and given to playing fast and loose in the margins of society. David can see Jenny for the gem she is and appreciate her innocence with the knowing pleasure of a decadent playing all the angles. The stakes are believably high, thanks to An Education‘s careful attention to time and place and its gently glamored performances. Scherfig revels in the smart, easy-on-eye curb appeal of David and his friends while giving a nod to the college-educated empowerment Jenny risks by skipping class to jet to Paris. And Mulligan lends it all credence by letting all those seduced, abandoned, conflicted, rebellious feelings flicker unbridled across her face. (1:35) Albany, Embarcadero, Empire, Piedmont, Sundance Kabuki. (Chun)

*Good Hair Spurred by his little daughter’s plaintive query ("Daddy, how come I don’t have good hair?"), Chris Rock gets his Michael Moore freak on and sets out to uncover the racial and cultural implications of African-American hairstyling. Visiting beauty salons, talking to specialists, and interviewing celebrities ranging from Maya Angelou to Ice-T, the comic wisecracks his way into some pretty trenchant insights about how black women’s coiffures can often reflect Caucasian-set definitions of beauty. (Leave it to Rev. Al Sharpton to voice it ingeniously: "You comb your oppression every morning!") Rock makes an affable guide in Jeff Stilson’s breezy documentary, which posits the hair industry as a global affair where relaxers work as "nap-antidotes" and locks sacrificially shorn in India end up as pricey weaves in Beverly Hills. Maybe startled by his more disquieting discoveries, Rock shifts the focus to flamboyant, crowd-pleasing shenanigans at the Bronner Bros. International Hair Show. Despite such softball detours, it’s a genial and revealing tour. (1:35) Lumiere, Shattuck. (Croce)

*Heart of Stone With metal-detectors blocking its entrance, gang fights breaking out in the halls, and teachers wearing bulletproof vests, it’s clear that Weequahic High School is not your usual blackboard jungle. Once one of the nation’s most respected schools, the Newark, NJ institution was by 2000 plagued by the urban violence that claimed an alarming number of lives. Beth Toni Kruvant’s first-rate documentary chronicles the place’s gradual recovery thanks to Ron Stone, the passionate principal who, using a mixture of diplomacy and compassion, struggled to control the brutality that loomed over a new generation of students. Though similar in subject to Rollin Binzer’s recent The Providence Effect, Heart of Stone is easily the better film, less an infomercial for enrollment than a tough-minded analysis of the historical upheavals and social conditions forming Weequahic’s fall and rise. "Inspiring" is an abused term when it comes to movies about teachers, but Kruvant’s inquiry and Stone’s dedication earn it. (1:24) Roxie. (Croce)

Inglourious Basterds With Inglourious Basterds Quentin Tarantino pulls off something that seemed not only impossible, but undesirable, and surely unnecessary: making yet another of his in-jokey movies about other movies, albeit one that also happens to be kinda about the Holocaust — or at least Jews getting their own back on the Nazis during World War II — and (the kicker) is not inherently repulsive. As Rube Goldbergian achievements go, this is up there. Nonetheless, Basterds is more fun, with less guilt, than it has any right to be. The "basterds" are Tennessee moonshiner Pvt. Brad Pitt’s unit of Jewish soldiers committed to infuriating Der Fuhrer by literally scalping all the uniformed Nazis they can bag. Meanwhile a survivor (Mélanie Laurent) of one of insidious SS "Jew Hunter" Christoph Waltz’s raids, now passing as racially "pure" and operating a Paris cinema (imagine the cineaste name-dropping possibilities!) finds her venue hosting a Third Reich hoedown that provides an opportunity to nuke Hitler, Himmler, Goebbels, and Goering in one swoop. Tactically, Tarantino’s movies have always been about the ventriloquizing of that yadadada-yadadada whose self-consciousness is bearable because the cleverness is actual; brief eruptions of lasciviously enjoyed violence aside, Basterds too almost entirely consists of lengthy dialogues or near-monologues in which characters pitch and receive tasty palaver amid lethal danger. Still, even if he’s practically writing theatre now, Tarantino does understand the language of cinema. There isn’t a pin-sharp edit, actor’s raised eyebrow, artful design excess, or musical incongruity here that isn’t just the business. (2:30) Oaks. (Harvey)

The Invention of Lying Great concept. Great cast. All The Invention of Lying needed was a great script editor and it might have reached classic comedy territory. As it stands, it’s dragged down to mediocrity by a weak third act. This is the story of a world where no one can lie — and we’re not just talking about big lies either. The Invention of Lying presents a vision of no sarcasm, no white lies, no — gasp —creative fiction. All that changes when Mark Bellison (Ricky Gervais) realizes he can bend the truth. And because no one else can, everything Mark makes up becomes fact to the rubes around him. If you guessed that hilarity ensues, you’re right on the money! Watching Mark use his powers for evil (robbing the bank! seducing women!) makes for a very funny first hour. Then things take a turn for the heavy when Mark becomes a prophet by letting slip his vision of the afterlife. Faster than you can say "Jesus beard," he’s rocking a God complex and the audience is longing for the simpler laughs, like Jennifer Garner admitting to some pre-date masturbation. (1:40) 1000 Van Ness. (Peitzman)

Law Abiding Citizen "Spike Lee’s Inside Man (2006) as re-imagined by the Saw franchise folks" apparently sounded like a sweet pitch to someone, because here we are, stuck with Jamie Foxx and Gerard Butler playing bloody and increasingly ludicrous cat-and-mouse games. Foxx stars as a slick Philadelphia prosecutor whose deal-cutting careerist ways go easy on the scummy criminals responsible for murdering the wife and daughter of a local inventor (Butler). Cut to a decade later, and the doleful widower has become a vengeful mastermind with a yen for Hannibal Lecter-like skills, gruesome contraptions, and lines like "Lessons not learned in blood are soon forgotten." Butler metes out punishment to his family’s killers as well as to the bureocratic minions who let them off the hook. But the talk of moral consequences is less a critique of a faulty judicial system than mere white noise, vainly used by director F. Gary Gray and writer Kurt Wimmer in hopes of classing up a grinding exploitation drama. (1:48) 1000 Van Ness. (Croce)

*Michael Jackson’s This Is It Time –- and a tragic early death –- has a way of coloring perception, so little surprise that these thought pops into one’s head throughout This Is It: when did Michael Jackson transform himself into such an elegant, haute-pop sylph? Such a pixie-nosed, lacy-haired petit four of music-making delicacy? And where can I get his to-die-for, pointy-shouldered, rhinestone-lapeled Alexander McQueen-ish jacket? Something a bit bewitching this way comes as Michael Jackson –- now that he’s gone, seemingly less freakish than an outright phenomenon –- gracefully flits across the screen in this final (really?) document of his last hurrah, the rehearsals for his sold-out shows at O2 Arena in London. This Is It is far from perfect: this grainy video scratchpad of a film obviously wasn’t designed by the perfectionist MJ to be his final testament to pop. Director Kenny Ortega does his best to cobble together what looks like several rehearsal performances with teary testimonials from dancers (instilled with the intriguing idea that they are extensions of the surgery-friendly Jackson’s body onstage), interviews with musicians, minimal archival footage, and glimpses of Jacko protesting about being encouraged to "sing through" certain songs when he’s trying to preserve his voice, urging the band to play it "like the record," and still moving, dancing, and gesticuutf8g with such grace that you’re left with more than a tinge of regret that "This Is It," the tour, never came to pass. It’s a pure, albeit adulterated, pleasure to watch the man do the do, even with the gaps in the flow, even with the footage filtered by a family intent on propping up the franchise. Amid the artistry and kitsch, critics, pop academics, and superfans will find plenty to chew over –- from Jackson’s curiously timed physical complaints as the Jackson 5 segment kicks in, to the surreally CGI-ed, golden-age-of-Hollywood mash-up sequence. (1:52) Cerrito , Empire, Four Star, Marina, 1000 Van Ness, SF Center, Sundance Kabuki. (Chun)

My One and Only (1:48) Opera Plaza.

New York, I Love You A dreamy mash note to the city that never sleeps, New York, I Love You is the latest installment in a series of omnibus odes to world metropolises and the denizens that live and love within the city limits. Less successful than the Paris, je t’aime (2006) anthology — which roped in such disparate international directors as Gus Van Sant and Wes Craven, Alfonso Cuaron and Olivier Assayas — New York welcomes a more minor-key host of directors to the project with enjoyable if light-weight results. Surely any bite of the Big Apple would be considerably sexier. Bradley Cooper and Drea de Matteo tease out a one-night stand with legs, and Ethan Hawke and Maggie Q generate a wee bit of verbal fire over street-side cigs, yet there’s surprisingly little heat in this take on a few of the 8 million stories in the archetypal naked city. Most memorable are the strangest couplings, such as that of Natalie Portman, a Hasidic bride who flirtatiously haggles with Irrfan Khan, a Jain diamond merchant, in a tale directed by Mira Nair. Despite the pleasure of witnessing Julie Christie, Eli Wallach, and Cloris Leachman in action, many of these pieces — written by the late Anthony Minghella, Israel Horovitz, and Portman, among others — feel a mite too slight to nail down the attention of all but the most desperate romantics. (1:43) Bridge, Shattuck. (Chun)

The Nightmare Before Christmas 3D (1:16) Castro.

*Paranormal Activity In this ostensible found-footage exercise, Katie (Katie Featherson) and Micah (Micah Sloat) are a young San Diego couple whose first home together has a problem: someone, or something, is making things go bump in the night. In fact, Katie has sporadically suffered these disturbances since childhood, when an amorphous, not-at-reassuring entity would appear at the foot of her bed. Skeptical technophile Micah’s solution is to record everything on his primo new video camera, including a setup to shoot their bedroom while they sleep — surveillance footage sequences that grow steadily more terrifying as incidents grow more and more invasive. Like 1999’s The Blair Witch Project, Oren Peli’s no-budget first feature may underwhelm mainstream genre fans who only like their horror slick and slasher-gory. But everybody else should appreciate how convincingly the film’s very ordinary, at times annoying protagonists (you’ll eventually want to throttle Micah, whose efforts are clearly making things worse) fall prey to a hostile presence that manifests itself in increments no less alarming for being (at first) very small. When this hits DVD, you’ll get to see the original, more low-key ending (the film has also been tightened up since its festival debut two years ago). But don’t wait — Paranormal‘s subtler effects will be lost on the small screen. Not to mention that it’s a great collective screaming-audience experience. (1:39) Metreon, 1000 Van Ness, Sundance Kabuki. (Harvey)

*Paris Cédric Klapisch’s latest offers a series of interconnected stories with Paris as the backdrop, designed — if you’ll pardon the cliché — as a love letter to the city. On the surface, the plot of Paris sounds an awful lot like Paris, je t’aime (2006). But while the latter was composed entirely of vignettes, Paris has an actual, overarching plot. Perhaps that’s why it’s so much more effective. Juliette Binoche stars as Élise, whose brother Pierre (Romain Duris) is in dire need of a heart transplant. A dancer by trade, Pierre is also a world-class people watcher, and it’s his fascination with those around him that serves as Paris‘ wraparound device. He sees snippets of these people’s lives, but we get the full picture — or at least, something close to it. The strength of Paris is in the depth of its characters: every one we meet is more complex than you’d guess at first glance. The more they play off one another, the more we understand. Of course, the siblings remain at the film’s heart: sympathetic but not pitiable, moving but not maudlin. Both Binoche and Duris turn in strong performances, aided by a supporting cast of French actors who impress in even the smallest of roles. (2:04) Opera Plaza, Shattuck. (Peitzman)

Saw VI (1:30) 1000 Van Ness.

*The September Issue The Lioness D’Wintour, the Devil Who Wears Prada, or the High Priestess of Condé Nasty — it doesn’t matter what you choose to call Vogue editor-in-chief Anna Wintour. If you’re in the fashion industry, you will call her — or at least be amused by the power she wields as the overseer of style’s luxury bible, then 700-plus pages strong for its legendary September fall fashion issue back in the heady days of ’07, pre-Great Recession. But you don’t have to be a publishing insider to be fascinated by director R.J. Cutler’s frisky, sharp-eyed look at the making of fashion’s fave editorial doorstop. Wintour’s laser-gazed facade is humanized, as Cutler opens with footage of a sparkling-eyed editor breaking down fashion’s fluffy reputation. He then follows her as she assumes the warrior pose in, say, the studio of Yves St. Laurent, where she has designer Stefano Pilati fluttering over his morose color choices, and in the offices of the magazine, where she slices, dices, and kills photo shoots like a sartorial samurai. Many of the other characters at Vogue (like OTT columnist André Leon Talley) are given mere cameos, but Wintour finds a worthy adversary-compatriot in creative director Grace Coddington, another Englishwoman and ex-model — the red-tressed, pale-as-a-wraith Pre-Raphaelite dreamer to Wintour’s well-armored knight. The two keep each other honest and craftily ingenious, and both the magazine and this doc benefit. (1:28) Marina. (Chun)

*A Serious Man You don’t have to be Jewish to like A Serious Man — or to identify with beleaguered physics professor Larry Gopnik (the grandly aggrieved Michael Stuhlbarg), the well-meaning nebbishly center unable to hold onto a world quickly falling apart and looking for spiritual answers. It’s a coming of age for father and son, spurred by the small loss of a radio and a 20-dollar bill. Larry’s about-to-be-bar-mitzvahed son is listening to Jefferson Airplane instead of his Hebrew school teachers and beginning to chafe against authority. His daughter has commandeered the family bathroom for epic hair-washing sessions. His wife is leaving him for a silkily presumptuous family friend and has exiled Larry to the Jolly Roger Motel. His failure-to-launch brother is a closeted mathematical genius and has set up housekeeping on his couch. Larry’s chances of tenure could be spoiled by either an anonymous poison-pen writer or a disgruntled student intent on bribing him into a passing grade. One gun-toting neighbor vaguely menaces the borders of his property; the other sultry nude sunbather tempts with "new freedoms" and high times. What’s a mild-mannered prof to do, except envy Schrodinger’s Cat and approach three rungs of rabbis in his quest for answers to life’s most befuddling proofs? Reaching for a heightened, touched-by-advertising style that recalls Mad Men in look and Barton Fink (1991) in narrative — and stooping for the subtle jokes as well as the ones branded "wide load" — the Coen Brothers seem to be turning over, examining, and flirting with personally meaningful, serious narrative, though their Looney Tunes sense of humor can’t help but throw a surrealistic wrench into the works. (1:45) California, Embarcadero, Empire, Piedmont, Sundance Kabuki. (Chun)

The Stepfather (1:41) 1000 Van Ness.

Where the Wild Things Are From the richly delineated illustrations and sparse text of Maurice Sendak’s 1963 children’s book, director Spike Jonze and cowriter (with Jones) Dave Eggers have constructed a full-length film about the passions, travails, and interior/exterior wanderings of Sendak’s energetic young antihero, Max. Equally prone to feats of world-building and fits of overpowering, destructive rage, Max (Max Records) stampedes off into the night during one of the latter and journeys to the island where the Wild Things (voiced by James Gandolfini, Catherine O’Hara, Forest Whitaker, Chris Cooper, Lauren Ambrose, Paul Dano, and Michael Berry Jr.) live — and bicker and tantrum and give in to existential despair and no longer all sleep together in a big pile. The place has possibilities, though, and Max, once crowned king, tries his best to realize them. What its inhabitants need, however, is not so much a visionary king as a good family therapist — these are some gripey, defensive, passive-aggressive Wild Things, and Max, aged somewhere around 10, can’t fix their interpersonal problems. Jonze and Eggers do well at depicting Max’s temporary kingdom, its forests and deserts, its creatures and their half-finished creations from a past golden era, as well as subtly reminding us now and again that all of this — the island, the arguments, the sadness — is streaming from the mind of a fierce, wildly imaginative young child with familial troubles of his own, equally beyond his power to resolve. They’ve also invested the film with a slow, grim depressive mood that can make for unsettling viewing, particularly when pondering the Maxes in the audience, digesting an oft-disheartening tale about family conflict and relationship repair. (1:48) 1000 Van Ness, Sundance Kabuki. (Rapoport)

Whip It What’s a girl to do? Stuck in small town hell, Bliss Cavendar (Ellen Page), the gawky teen heroine of Drew Barrymore’s directorial debut, Whip It, faces a pressing dilemma — conform to the standards of stifling beauty pageantry to appease her mother or rebel and enter the rough-and tumble world of roller derby. Shockingly enough, Bliss chooses to escape to Austin and join the Hurl Scouts, a rowdy band of misfits led by the maternal Maggie Mayhem (Kristin Wiig) and the accident-prone Smashley Simpson (Barrymore). Making a bid for grrrl empowerment, Bliss dawns a pair of skates, assumes the moniker Babe Ruthless, and is suddenly throwing her weight around not only in the rink, but also in school where she’s bullied. Painfully predictable, the action comes to a head when, lo and behold, the dates for the Bluebonnet Pageant and the roller derby championship coincide. At times funny and charming with understated performances by Page and Alia Shawcat as Bliss’ best friend, Whip It can’t overcome its paper-thin characters, plot contrivances, and requisite scenery chewing by Jimmy Fallon as a cheesy announcer and Juliette Lewis as a cutthroat competitor. (1:51) SF Center. (Swanbeck)

*The Yes Men Fix the World Can you prank shame, if not sense, into the Powers That Be? Andy Bichlbaum and Mike Bonnano, the jesters-activists who punked right-wing big-business in the documentary The Yes Men (2003), continue to play Groucho Marx to capitalism’s mortified Margaret Dumont in this gleeful sequel. Decked in sharp suits and packing fake websites and catchphrases, the duo bluffs its way into conferences and proceeds to give corporate giants the Borat treatment. The stunts are often inspired and, in their visions of fantasy justice, poignant: Bichlbaum and Bonnano pose as Dow envoys and announce the company’s plans to send billions to treat victims of the 1984 Bhopal chemical disaster, and later appear as HUD representatives offering a corrective to the shameful neglect of New Orleans in the wake of Hurricane Katrina. The Yes Men may not fix the world, but their ruses once more prove the awareness-raising potential of comedy. (1:30) Oaks, Roxie, Smith Rafael, Sundance Kabuki. (Croce)

*Zombieland First things first: it’s clever, but it ain’t no Shaun of the Dead (2004). That said, Zombieland is an outstanding zombie comedy, largely thanks to Woody Harrelson’s performance as Tallahassee, a tough guy whose passion for offing the undead is rivaled only by his raging Twinkie jones. Set in a world where zombies have already taken over (the beginning stages of the outbreak are glimpsed only in flashback), Zombieland presents the creatures as yet another annoyance for Columbus (Jesse Eisenberg, who’s nearly finished morphing into Michael Cera), a onetime antisocial shut-in who has survived only by sticking to a strict set of rules (the "double tap," or always shooting each zombie twice, etc.) This odd couple meets a sister team (Emma Stone, Abigail Breslin), who eventually lay off their grifting ways so that Columbus can have a love interest (in Stone) and Tallahassee, still smarting from losing a loved one to zombies, can soften up a scoch by schooling the erstwhile Little Miss Sunshine in target practice. Sure, it’s a little heavy on the nerd-boy voiceover, but Zombieland has just enough goofiness and gushing guts to counteract all them brrraiiinss. (1:23) 1000 Van Ness, Shattuck. (Eddy)

Am I illegal mama?

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OPINION "Am I illegal mama?" My mixed-race, Mexican, Chinese, Puerto Rican, and Irish six-year-old son gazed up at me with the largest of puppy eyes after we watched a corporate media television report on Mayor Gavin Newsom’s rejection of the legislation by David Campos that would give due process to migrant youth caught up in the criminal in-justice system.

After recovering from my sorrow at my son’s logical interpretation of our criminalizing, dehumanizing society, I went on to explain that as far as I was concerned no human is illegal — or an alien, for that matter. I told him that the whole concept of "illegal people" is rooted in our society’s attempt to create more products for the ever-hungry prison-industrial-complex by criminalizing poor youth of color, migrant workers, and houseless adults and elders in poverty for the sole act of being poor, seeking work not having housing, and so on. (Yes, I do talk to my son with truth and candor about such things because that is how my African-Boricua-Taina mama raised me.)

His discovery, albeit terrible, did not shock me. Rather, it was the final nudge I needed to release a public statement from all the multiracial, multicultural, multilingual mamas, grandmothers, aunties, uncles, fathers, and grandfathers I write with, make art with, co-mama with, co-teach with, and am in relationships with at POOR Magazine/Prensa POBRE. We are people who believe that not only is no human being illegal, but that all these borders are false constructs of imperialism. We believe in the rights of children, if you believe that all children, and all people, deserve basic due process rights — which is all the sanctuary legislation by Sup. David Campos grants.

So Mayor Newsom, why reject this modest legislation? Have you become so blinded by your desire to be tough on crime that you don’t even recognize the voices and desires of your voting public in San Francisco, who overwhelmingly organized and spoke in favor of this?

But you can’t blame Newsom alone. Corporate media and corporate government fuels this notion of illegality in relation to human beings and has so ingrained the terms "illegal" and "alien" as ways of describing human beings that many people use these words without direct malice or intent to harm. So, like most insidious racially unjust policies and practices in American culture, these terms and notions roll along, gaining steam and power.

In an attempt to address this ongoing disinformation campaign about migration and immigrants, POOR Magazine launched the Voces de Inmigrantes en Resistencia Project to ensure that the silenced voices of immigrants in poverty are not only heard but are redefined as journalists, poets, media producers, and scholars.

After our talk, my son looked up at me and said, "Mama, I have an idea — if all us people, kids, and adults in the world all stand together holding hands, then they won’t be able to separate us or hurt any of us." Then he stopped and very slowly and carefully added, "Or crim-in-alize us." *

Tiny a.k.a. Lisa Gray-Garcia is the coeditor, cofounder and co-madre of POOR Magazine. She is also the author of Criminal of Poverty: Growing Up Homeless in America, published by City Lights.

Okay, the SF results are in

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By Tim Redmond

Or at least, enough to call the election as far as I’m concerned. With about half the votes counted, nothing has changed from my last post : Prop. A wins, of course. But so does Prop. B — which may go down as the most significant outcome of the evening. It’s a vote of confidence in the Board of Supervisors, especially since there was no real Yes campaign and the No campaign played on the supposed mistrust in government, which apparently isn’t working in San Francisco.

Prop. C wins, of course. Prop. D loses, no surprise. Prop E was always a winner.

I honestly didn’t think Prop. B had a chance. Neither did a lot of its backers. So the district supes are more popular than the mayor or a lot of the established pundits think.

A key public records victory

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By Tim Redmond

The Arizona Supreme Court has just ruled that metadata — that is, internal electronic coding embedded in word-processing documents — is a matter of public record.

That’s a major ruling: It’s the first time a court has said that government agencies have to produce the metadata in their records — something public-records activists have been pushing for several years now.

The ruling doesn’t directly apply in California, but it could have an impact in San Francisco, where sunshine advocates have been fighting for access to metadata. Too early to know if the city attorney will now accept the AZ precedent, but Kimo Crossman and the Sunshine Posse will be pushing the issue.

Newsom vetoes sanctuary amendment, Board mulls options

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Text and photos by Sarah Phelan

Estella15bc.jpg
All mothers of immigrant youth, like Estella (center) are asking, is for the City to give their kids a day in court before handing them over to the feds for possible deportation. Is that really too much to ask?

No one was surprised when Mayor Gavin Newsom vetoed the Board’s newly passed sanctuary ordinance amendment today. That’s because the mayor, in between leaking confidential memos, has been threatening to do that for months

But Newsom’s move leaves the Board mulling its options, including legal action, since mayors don’t seem to have the authority to refuse to enact legislation that’s been approved by a veto-proof majority of supervisors.

Newsom’s move also raises the question of the whereabouts of the 114 juveniles who have been picked up by federal immigration authorities since the mayor began requiring city probation officers to act like extensions of the federal government.

Under the policy that Newsom ordered without public input or review in June 2008, city officials are required to refer kids to US immigrations and Customs Enforcement (ICE) based solely on allegations that they have committed a felony and on the probation officers’ own suspicions that these kids are undocumented.

That seems like a huge burden to place on the probation officers’ shoulders. And meanwhile, we are not aware of
anyone in the Mayor’s Office giving any kind of public accounting of where these 114 youth,s who have been disappeared with the help of our tax payer dollars, are being held, or whether they actually have been deported.

Meanwhile, immigrant advocates report that they have had zero success getting Newsom to meet them in person, in the 16 months since the mayor ordered his policy shift, last summer.

Recently, faced with leaked memos and a damaging misinformation campaign , it’s fallen to the parents of these disappeared children to explain the painful consequences of having their kids unjustly ripped from their families, and still the mayor refuses to meet with them.

Newsom claims that the sanctuary policy “was never meant to serve as a shield for people accused of committing serious crimes.”

If that’s true, then the policy needs the Campos amendment to make it a just and fair treatment of immigrant youth.

Under the Campos amendment, any immigrant juvenile found guilty of having committed a serious crime will be deported. But those found innocent will be spared the terrifying experience of finding themselves in federal hands, awaiting deportation, even though they never actually committed a felony crime.

Campos has repeatedly pointed out that federal law does not require city officials to act as federal agents.

But so far, Newsom’s policy has done just that, and has already led to a 15-year old girl being whisked off to Miami, because she got in a fight with her sister, a 14-year old boy being taken into federal custody because he brought a BB gun to school, another youth being picked up by ICE for graffiti infractions, all because San Francisco probation officials picked up the phone and called ICE, before those kids had a chance to prove their innocence,

That’s why eight supervisors, representing a city a third of whose inhabitants are foreign born, voted yesterday to make a minor amendment that will majorly improve Newsom’s policy. And for that, the Board should be commended.

Naomi Klein on The Shock Doctrine, California style

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By Rebecca Bowe

Naomi Klein showed a portion of this film clip during her lecture at UC Berkeley last night. In it, Arnold talks about how Milton Friedman changed his life.

Speaking at the University of California at Berkeley yesterday evening, award-winning journalist and author Naomi Klein lamented the sweeping budgetary cuts to education, women’s shelters, and a host of critical social services that have rocked California in recent months.

“When these cuts are imposed, it’s constantly portrayed in the media as if it’s an unfortunate and painful necessity,” she said. On the contrary, she argued, the gutting of the public sector in California is no coincidence.

Klein pointed to an overarching conservative agenda that touts free-market capitalism and limited government, and resists raising revenues with tax increases. (We referenced Klein’s book, The Shock Doctrine: The Rise of Disaster Capitalism, in our cover story last week. So it’s also not a coincidence that our cover package, “The California Nightmare,” touched on many of the same themes.)

Klein showed a brief film clip that included footage of California Gov. Arnold Schwarzenegger praising the ideas of conservative free-market economist Milton Friedman. “What you always have to remember in this discussion is that your governor is a hardcore ideologue,” Klein said after showing a clip in which Schwarzenegger is seen gushing, “Dr. Friedman changed my life!”

“These pet Republican policies have been lying around,” Klein said. “These ideas are still incompatible with democracy, still deeply unpopular.” Nonetheless, they’re being rolled out in uncertain times and unstable places, according to Klein, while masquerading as emergency measures.

Into the wilds

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arts@sfbg.com
One painful component of the ever-escautf8g government service cutbacks, particularly in our own endlessly explorable state, has been the threat to parkland access. The notion that the national park system Wallace Stegner (and Ken Burns’ current PBS documentary series) called America’s "best idea" might someday be sold to the highest bidder seems blasphemous — unless, of course, you’ve never been (like most of the nation’s vacation-hobbled poor) or are in a position to make that buck.

Unintentionally assuaging that unfortunate final-future despoiling is new indie quasi-horror The Canyon, which asks the unmusical question: why, stupid humankind, did you ever think you belonged in wild country? "We don’t belong here," its hero realizes when camping misadventures have gone from rad to worse. Yeah, people should never intermingle with nature. That’s why we are born from robots, plastic afterbirth spilling into a soft cushion of Styrofoam curls then recycled into spin-off products for the Transformers films. "Soylent Green is PEEEEOPLE!!!" Actually that has no relevance here. Just thought I’d drop it in.

A first feature for director Richard Harrah and writer Steve Allrich, The Canyon falls firmly within that vacation-from-hell subgenre recently capped by the very clever, funny, and fairly freaky A Perfect Getaway. (None of which adjectives apply here, alas.) Other examples of late include the supernatural off-trail hazards of 2008’s The Ruins, several organ-harvesting horrors (2006’s Turistas), and numerous more films suggesting it’s best to stay the fuck home — this being a movie world, psychos and predators are everywhere.

The Canyon sports minor novelty in sticking to mainland U.S.A. terra firma, albeit a world-famous landmark — if a 227-mile long, 5.4-million-year-old, mile-deep gorge can be considered mere "landmark." Introduced in blandly nice/cute terms they never really recover from, swarthy Nick (Eion Bailey from HBO’s Band of Brothers) and perky blonde Lori (Yvonne Strahovski from NBC’s Chuck) are eloped newlyweds anticipating a mule-ride down to the Grand Canyon’s bottom that she’s not too keen on. She’s even less keen once it turns out Nick didn’t get the necessarily permits and their only option is signing on with "guide extraordinaire" Henry (Will Patton), whom they meet at a local bar and who doesn’t look so much a friend of nature as somebody freshly rolled in its excrement.

Nick’s enthusiasm wins out, though. It’s not spoiling too much to reveal that traveling with a slightly creepy guide fast proves better than having none at all, as one nasty incident leaves the trio sans mules, food, water, and worse. Things devolve from there, as our ill-skilled, mapless protagonists find themselves increasingly pressed for survival strategies. Stress (let alone inevitable stress-induced bickering) doesn’t reveal anything more interesting about our dull protagonists. But the eventual vigor with which body parts suffer and wild wolves inflict injury does juice this empty Canyon up, unpleasantly if more memorably. Do they deserve it?

Straining, the filmmakers suggest so. "You screw with Mother Nature, she’s gonna find a way to screw ya right back," Henry portentously intones — the message being that city folk have no business in the all-outdoors. Baby, please: the Sierra Club knows we get along just fine on those trails, leaving no carbon footprint besides.

THE CANYON opens Fri/30 in Bay Area theaters.

Poor turnout

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news@sfbg.com

The Guinness World Record for the largest mobilization of human beings was recently broken when 173 million people demanded that their governments eradicate extreme poverty around the world. But U.S. media barely noted the call and San Francisco’s event had low attendance, suggesting an uphill struggle for the cause in the world’s richest nation.

Millions gathered at more than 3,000 Stand Up, Take Action events in 120 countries Oct. 16-18 in an attempt to put pressure on governments to achieve the United Nations Millennium Development Goals, but less than 30 people gathered on the steps of San Francisco City Hall to support the movement.

Sup. John Avalos was one of the speakers at the event, organized by a coalition of local activist groups and student volunteers. Admitting that he was "expecting it to be a little bigger," Avalos said the event was just the start of what needed to be a much larger movement by the American people.

"There is a strange phenomenon occurring at the moment. It’s as if people are a little bit asleep about the need to be active," Avalos told the Guardian. "Because we have an administration they view as being more supportive of human rights and economic and social justice, people are being lulled into thinking things will just get better."

Standing just a short walk away from the birth place of the United Nations, Avalos bought attention in his speech to the rich history San Francisco has in mobilizing social change. "We do the best to live up to it, but we have a long way to go. Around the world this is the time to uproot poverty — we try to provide a safety net, but it could be stronger."

The Stand Up, Take Action, End Poverty Now! campaign is in its fourth year and is organized by the UN Millennium Campaign in an attempt to raise awareness of the Millennium Development Goals (MDGs), a series of benchmarks designed to eradicate global poverty.

At the United Nations Millennium Development Summit in 2000, 189 world leaders promised to "end poverty by 2015." The eight goals include eliminating extreme poverty and hunger, achieving universal primary education, and combating HIV/AIDS, malaria, and other diseases.

Rep. Barbara Lee (D-Oakland) has authored or coauthored every major piece of legislation dealing with global HIV/AIDS issues since she was elected to Congress. She told the Guardian that MDGs must be placed in context with poverty in America. "Sometimes people argue that we must look after our own first, but my position is that if you look at the eight Millennium goals, they all apply to our own country too," Lee said. "Look at the plight of people who are disproportionately affected by HIV/AIDS in our country — especially in African American and Latino communities.

"With the economic downturn, poverty rates in America are soaring, putting more people into circumstances the MDGs focus on outside of America," she continued. "I think it really is important to make those connections."

Lee compared the foreclosure crisis and lack of regulation in the financial markets over the last eight to 10 years to the "wild West" and calls America’s 47 million uninsured a "moral disgrace."

"It is about priorities and political will, and this will be determined by the voices of people saying it must be done," she said. "People have to push for these changes and remember that it didn’t just stop with the election. We have to raise awareness while at the same time working on changing policy. Otherwise we can get stuck debating issues and not doing the work that has to be done to change these very deplorable conditions."

Sup. David Campos was the only other supervisor to speak at the Civic Center event. He said he is committed to the fight against global poverty and wants to see the government represent the values San Francisco was founded on.

"We need to shed light and bring attention to one of the largest issues facing the world today — severe poverty," Campos said. "I really believe that as a city, as a state, and as a country, we not only need to make sure we push the U.S. to follow the lead of other countries, but actually become a leader in making these Millennium goals a reality."

After the event, Campos told the Guardian: "It doesn’t surprise me that more people didn’t show up to the event. But part of the task is to spread the word. San Francisco has been a leader in a number of these issues in the past, and I think we should play a key role in this one."

Campos said that one solution might be to put forward a resolution before the Board of Supervisors to support MDGs and have the city take a formal position on it.

"It is definitely something we are talking about to demonstrate San Francisco’s commitment to the issue," he said. "A lot of people don’t know about the goals, or the fact that the U.S. hasn’t really made them a priority. We need to spread the word and let people know this kind of a movement is only going to be a success if people take it upon themselves to play a leadership role."

Brian Webster, a volunteer who organized the SF event, drew attention to the large number of supporters for the MDGs in California. More than 250,000 people have signed up for the One Campaign, a global NGO that partnered with the U.N. Millennium Campaign in the events.

"For campaigners, it is now a matter of trying to join together and identify vast strategies to communicate what needs to be done," Webster said. "We will continue to educate communities, politicians, and civic leaders in what can be done this month, in the next six months, and ultimately, in the next six years."

While the Bush administration rarely mentioned MDGs while in office, many activists believe President Barack Obama’s public recognition of the goals at a recent U.N. summit demonstrates a change in American policy.

"In other countries, there has been more education and awareness about the goals. But here in America, it is almost like we are starting eight years late," said Anita Sharma, the North American director for the U.N. Millennium Campaign. "President Obama has said that the MDGs are American goals and has even talked about his plans for achieving them."

Also, despite the low numbers at the San Francisco event, Sharma says more than 190,000 people from North America participated in last weekend’s campaign, an increase of more than 70,000 from last year’s attempt.

"It’s not like Americans don’t care about global poverty — in fact we give more in charitable contributions than any other country in the world," she said. "It just takes quite a lot to get Americans into the streets and mobilized. There needs to be more education out there, that’s all."

Ananya Roy, a UC Berkeley professor of city and regional planning and education director of the Blum Center for Developing Economies, says she doesn’t think MDGs can be achieved worldwide by 2015. Even so, she stressed the important role they played in the framework of development.

Speaking at UC Berkeley’s Stand Up and Take Action Event, she said: "The goals are important because they are seen as a new global social contract that makes issues of poverty and inequality quite urgent. They also come with measurements and targets, which is meant to create accountability."

Roy placed particular emphasis on the eighth goal: building a global partnership for development. She noted that that increased awareness can change the ways the U.S. and European governments operate in terms of aid and trade.

"This multilateral contract requires more than simply the action and leadership of the U.S. and Western Europe," she said. "We need to think about poverty and inequality that is immediately around us, understand how we are involved in the production of depravity, and then we must act in solidarity.

"We need to be thinking about poverty as it exits here in the U.S. and not just as an abstract problem that belongs to someplace else," she added. "It is also our problem."

According to a 2009 U.N. report, progress toward achieving the MDGs has been slow in some cases and certain achievements have been reversed by the economic downturn. The report estimates that there will be 55 million to 90 million more people living in extreme poverty than anticipated before the crisis.

For Chandler Smith, media coordinator for the One Campaign — which campaigns for better development policies and more effective aid and trade reform — the Guinness certification marks progress toward achieving the MDGs. "That this year is breaking another world record speaks to the power of people to organize around the world, shows that we are a global community, and that there is a sustainability in the movement," he said.

"As for the North American aspect, we are always trying to educate people more about these issues. Our results show that a lot of our work has been done — but that we also have more work to do."

Editor’s Notes

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Tredmond@sfbg.com

The new police chief, who started out with a lot of promise, has been sending some very bad signals the past week.

Chief George Gascón told us earlier this month that he was sympathetic to the efforts of Sup. David Campos to protect immigrant kids from deportation. He also said he agreed that the cops and probation officers shouldn’t be deciding when to call in the federal immigration authorities. Yet now that the mayor said he will defy the Campos legislation (see page 11), Gascón told the San Francisco Chronicle he’s siding with Newsom. That’s a pretty cosmic wimp-out — and it only took a few days.

Then there’s the shake-up of top staff — which looks to me like a total cave-in to the Police Officers Association. The POA types (who have been associated with a lot of bad stuff over the years) got tough-guy cop Greg Corrales assigned back as captain of Mission Station (where he got in trouble during the Fajitagate scandal, but ultimately faced no discipline. They got Greg Suhr, who had been demoted on a pretty bogus technicality, a new career shot as captain of the Bayview station.

Paul Chignell, one of the rare almost-liberals in the department who was doing a good job at Taraval Station, has been exiled to the night shift. Al Casciato, who supported community policing, has been bounced out as captain of Northern Station in the Western Addition. "This completely belies Gascón’s promises about community policing," Sup. Ross Mirkarimi told me. "These unannounced and unplanned rotations (of district captains) undermine the whole community-policing idea."

And perhaps most alarming, the chief wants to bring back the old SFPD intelligence unit — once again turning local cops into spies.

The intelligence squad was a nightmare. Back in the early 1990s, an intel cop was spying on Arab American and Palestinian groups and passing along the data to the private Anti-Defamation League of B’nai B’rith. Cops were spying on peace activists and protesters. They even had a file on me. When all that started to come out, the city properly shut the spy shop down.

Now Gascón wants to bring it back, citing fears about terrorism. As if there aren’t enough government agencies spying on people already. And SFPD has enough trouble solving murders and keeping its own house in order — opening a spy agency is a really, really bad idea.

Gascón is also refusing to tell Mirkarimi and the other supervisors how much taxpayer money gets spent sending officers around with the mayor as he campaigns up and down the state. I could argue that the Newsom for Governor campaign ought to reimburse the city for those expenses — but Gascón won’t even produce a gross figure. His claim: Telling the taxpayers how much the mayor’s security detail costs threaten Newsom’s security.

I don’t buy it. We’re not asking for protection plans, schedules, deployments, or anything else — just a bottom-line cash number. SFPD doesn’t need spies or a black budget. If Gascón thinks that style is going to work here, he’s going to run into trouble, quick.

Gavin Newsom, lawbreaker

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EDITORIAL Mayor Gavin Newsom has set off something of a crisis in San Francisco government by insisting that he will defy the city law that seeks to protect immigrant youth from deportation. While Newsom claims that the sanctuary policy approved 8-2 by the supervisors last week violates federal law (something the same-sex marriage advocate hasn’t worried so much about in the past), this is really a matter of politics. Newsom, candidate for governor of California, doesn’t want to seem soft on crime — so Newsom, mayor of San Francisco, is siding with the federal immigration authorities.

He’s also putting out a misleading message about the law.

The sanctuary legislation, by Sup. David Campos, is an attempt to deal with a very real — and serious — problem. Under the city’s current policy, any time a young person is arrested and the juvenile probation department thinks he or she might lack documentation, the officers involved contact Immigration Control and Enforcement. That means kids who have lived in this country for years and have no ties to their birth nation can be deported — just on the basis of an arrest that could turn out to be groundless.

Campos’ law establishes a city policy that prohibits local law enforcement from reporting juvenile offenders to ICE until they’ve been convicted of a crime. That’s just basic due process.

Newsom insists (and the city attorney’s office agrees) that no city employee can be penalized for contacting ICE. But that’s not the point of this law. Right now, juvenile officers are required to call ICE when they have someone in custody who may be undocumented. There’s no federal law saying this has to happen. And it’s perfectly legal — and appropriate — to lift that mandate and to say, in effect, that no city employee should be penalized for declining to turn a kid over to the feds.

At this point, the city attorney hasn’t argued that the Campos bill is illegal or unenforceable, and no judge has overturned it. When, as expected, the supervisors override Newsom’s certain veto, the bill will become city law — presumptively valid until a court rules otherwise. And Newsom has a legal obligation as mayor to abide by and enforce that law.

City Attorney Dennis Herrera is in something of a bind here since he has to represent both the mayor and the supervisors. But he needs to make clear, in public, that while he warned of possible legal implications of the Campos legislation, right now there is nothing preventing the law from taking effect — and that the mayor, like any other city official, is required to follow it.

The supervisors need to keep pushing the issue, too. And they need to be prepared to go to court to seek a writ mandating that the city’s chief executive follow his sworn oath and faithfully execute the law.

None of this needs to happen. Newsom could have worked with Campos on the legislation. Instead, the mayor continues to defy the board and act like the sort of imperial executive who is utterly unqualified for any higher office. For the sake of innocent kids facing the horrors of deportation, San Francisco’s reputation as a sanctuary city and Newsom’s own political future, he needs to back off and agree to abide by the city’s own laws.

Editorial: Gavin Newsom, lawbreaker

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Gavin Newsom, candidate for governor of California, doesn’t want to seem soft on crime, so Newsom, mayor of San Francisco, is siding with the federal authorities on deporting immigrant youth

EDITORIAL Mayor Gavin Newsom has set off something of a crisis in San Francisco government by insisting that he will defy the city law that seeks to protect immigrant youth from deportation. While Newsom claims that the sanctuary policy approved 8-2 by the supervisors last week violates federal law (something the same-sex marriage advocate hasn’t worried so much about in the past), this is really a matter of politics. Newsom, candidate for governor of California, doesn’t want to seem soft on crime — so Newsom, mayor of San Francisco, is siding with the federal immigration authorities.

He’s also putting out a misleading message about the law.

A revealing Newsom interview

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By Tim Redmond

It’s taken me a few days to find the time to listen to the whole thing, but the Calitics interview with Gavin Newsom is interesting — for what he says and for what he doesn’t.

Most of the time, Newsom talks in sound bites and platitudes, much as you would expect from a candidate for governor. (“We need order of magnitude change, I’m not running to fail more efficiently.”)

And he says, toward the end of the interview, that he supports and oil severance tax and a $1.50 a pack cigarette tax to fund education. He also says that California should tax services and lower the overall sales tax rate. And like many Democrats, he would restore the vehicle license fee that Gov. Schwarzenegger cut. Which all makes perfect sense.

But on the larger issue about revenue and services, he’s awfully squirrelly. He talks about how San Francisco funds universal health care and universal preschool — “we value these programs by funding them, finding the resources and funding them.” But then talks about “reform” — redirecting money from one program to another. (For example, right now he’s redirecting money away from front-line health-care workers).

And he proclaims:

“Let’s not accept the parameters that we have to tax or cut.”

Actually, that’s bullshit. Because in the end, you can find some waste and redirect it (we could, for example, release all drug offenders from prison and save a few billion dollars), but it’s almost impossible politically to do anything that saves that kind of money. The waste and redirection gets you pennies. In the end, the state’s actual spending hasn’t even kept up with population growth — and that’s at a time when federal services have been cut and state and local government has had to take up the slack.

So actually, Mr. Mayor, you DO have to tax or cut. And what I haven’t heard him say yet is exactly how he’s going to make those decisions.

I also really like this line: “My number on priority in San Francisco has been job creation.” This from a mayor who has been responsible for about 1,000 layoffs of public-sector workers. Guess those jobs don’t count.

Prison report: The feds will take over

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By Just A Guy

Editors note: Just A Guy is an inmate in a California state prison. His dispatches run twice a week.

Well, how do I put this? There’s really only one way: I told you so.,

Below is my blog posted on 9/16/09 in which I address the non-plan plan, in which I predicted what would happen.

I find it laughable that Gov. Schwarzenegger says he’s furious at the three-judge panel’s comdemnation of the state government’s weak plan and said that it is not the feds place to interfer with state government running prisons.

It’s like the biggest secret everyone knows — California officials can’t wait to wash their hands of the prison fiasco and have the feds take over so they can avoid the perceived political suicide of early releases.

My next prediction is that the plan due in less than three weeks will still not measure up and the feds will take over. Enjoy the repost.