Government

Drug deal hurts consumers

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› gwschulz@sfbg.com

City Attorney Dennis Herrera made San Francisco the first government entity in the nation to accuse two major players in the pharmaceutical drug industry of conspiring to illegally manipulate the price of prescription drugs when he filed a lawsuit May 20. Connecticut followed Herrera’s lead days later, and filed an almost identical suit making the same charges.

The cases could have far-reaching implications. If Raymond Hartman, an economist and visiting professor at Boalt Hall School of Law who testified in a related case filed by a group of East Coast labor unions two years ago is correct, then consumers, insurers, and Medicaid administrators nationwide have overpaid for prescription drugs by billions of dollars as a result of the price manipulation scheme (see “Big Pharma’s Shadow,” 12/20/06).

To explain the highly complex litigation, consider how goods are usually priced. Take the 99¢, three-ounce bags of chips that are reliably available at the corner store near your house. Cool Ranch Doritos. Chili Cheese Fritos. Sour Cream and Onion Ruffles. It wouldn’t be a true bodega if there wasn’t a rack of them situated near the front door or register.

For as long as anyone can remember, it seems, they’ve cost just 99¢, regardless of the local cost of living, from Richmond, Va. to San Francisco. That’s because the suggested retail price of 99¢ is printed ubiquitously by the manufacturer on the packaging.

So you’d notice if a sticker suddenly appeared, lazily affixed to your bag of Sun Chips, stating a new price: $1.99. The manufacturer didn’t place it there because behind the sticker you can still see the old printed price. And the counter clerk didn’t place it there, because he knows the true suggested retail price is still just 99¢ and the laws of supply and demand never called for a price increase.

Instead, a local company that buys chips from the manufacturer and distributes them to the bodega in your neighborhood put it there. The bodega owner didn’t complain because now it’s possible for him to earn an extra dollar for each bag. In fact, as a result of the new sticker, he’s more likely to take his business back to that particular distribution company over a competitor since that company is willing to artificially inflate the retail cost of a bag of chips on his behalf simply by putting a new price tag on the bag.

Now imagine that the product isn’t a cheap bag of chips but billions of dollars worth of pain-reducing or life-saving pharmaceuticals. And the distributor isn’t a local guy who drives a delivery truck full of boxes of chips but a multinational corporation, headquartered in San Francisco, that’s ranked 18th on the Fortune 500 list, with $93.6 billion in annual revenue and a CEO, John Hammergren, who received compensation in 2007 worth more than $22 million after presiding over the company’s record profits that year.

Imagine, too, that the distributor is powerful enough to slap new price stickers on cartons of drugs around the country, not just at your corner bodega, so you can’t simply elect to shop elsewhere to protest the new prices. Neither can you just stop consuming needed medicines the way you can snack chips.

Herrera’s federal civil suit probably has escaped media attention due to its esoteric nature (not to mention a potential conflict of interest at the San Francisco Chronicle, but we’ll get to that in a minute). It charges that McKesson Corp., along with a tiny drug data publisher based in San Bruno called First DataBank, conspired in an "elaborate scheme" to unfairly mark up the price on more than 400 name-brand prescription drugs. The conspiracy allegedly resulted in the San Francisco Health Plan being forced to make thousands or even millions of dollars in excess payments to cover the cost of such medications.

The SF Health Plan is not the same as Healthy San Francisco, the city’s historic 2006 bid to grant universal health care to the 82,000 adults here who live without insurance. The SF Health Plan extends mental, medical, and dental health coverage to about 50,000 people, including approximately 28,000 children in the city, and offers in-home support workers to the disabled and elderly. The plan is funded through a combination of federal and state dollars known in California as Medi-Cal and elsewhere as Medicaid.

The programs help low-income residents get health care, but its public subsidies are being endangered by a massive state budget deficit. So making sure the SF Health Plan is paying the appropriate price for prescription drugs, a $200 billion industry in the United States, is more important than ever.

McKesson and First DataBank, the lawsuit alleges, placed new stickers on drug packages so that everyone — from private insurers to Medi-Cal to consumers without insurance who simply walk up to a pharmacy window and cover their drug treatments with cash — paid far more than they should have, based on an industry calculation that’s similar to the suggested retail price printed on our analogy of a bag of chips. Herrera says he took on the suit because San Francisco is not alone in overpaying for pharmaceuticals and he saw a chance to force greater reforms in the system.

"We make our decisions based on the facts and the law, and we do our best to protect consumers, taxpayers, and businesses alike," Herrera told the Guardian. "This impacts a lot of things. It’s about protecting consumers from having high drug costs passed on to them. It’s about protecting taxpayer dollars since this is the San Francisco Health Plan, and it’s something that emanates out of a city program. But it’s also about protecting businesses, because a lot of businesses and health plans are the ones footing the bill for increased drug costs."

First DataBank is not listed as a defendant in Herrera’s suit but is described as "an unnamed co-conspirator." The company is a little-known subsidiary of the private, New York–based media conglomerate Hearst Corp., which owns dozens of major publications including the San Francisco Chronicle, the Seattle Post-Intelligencer, Esquire, and The Oprah Magazine. Spokespersons for McKesson and First DataBank refused to comment for this story.

As far as revenue is concerned, First DataBank is a bit player in the world of pharmaceuticals. Court records in a related 2006 suit describe its annual pretax income as just $19 million, barely enough to cover the McKesson CEO’s compensation last year.

But the company is nonetheless important to people who rely on prescription drugs. It’s one of the few major companies in the United States that maintains a sophisticated electronic database of information on tens of thousands of prescription drugs. Plus, First DataBank possesses a virtual monopoly on the market because the company merged with its only real competitor, Medi-Span, in 1998. Its database includes numbers, for instance, on what a drug manufacturer like Aventis might charge distributor McKesson for the allergy medicine Allegra, a figure known as the "wholesale acquisition cost."

Because it’s almost impossible to track every transaction between McKesson and retail chain pharmacies that McKesson distributes bulk drugs to, like Rite Aid and CVS Caremark McKesson, it’s First DataBank’s job to survey the distributors and come up with an "average wholesale price."

After you obtain a bottle of Allegra with a co-pay to take care of your stuffy nose, your insurance provider, say, Blue Cross or Kaiser Permanente or the SF Health Plan, refers to First DataBank’s massive catalog of drugs — for which they’ve paid a hefty subscription fee — to make sure the price they’re paying for your allergy medicine is the one properly set by the market.

First DataBank claimed for years that it was surveying multiple drug wholesalers like McKesson to come up with its average published prices and that it was increasing the number of surveys it conducted. But there aren’t that many wholesalers to actually survey because so many of them have merged with one another in recent years. Also, two out of the nation’s three top wholesalers apparently declined to participate in the surveys as a matter of policy.

Troy Kirkpatrick, a spokesperson for Cardinal Health, one of McKesson’s few competitors, said his company doesn’t give out proprietary information to anyone, let alone First DataBank.

"We have a long-standing policy of not providing confidential pricing information to external sources," Kirkpatrick said. "So if we get asked to share that type of information, we decline."

By 2001 it appeared that First Databank wasn’t really surveying several wholesalers or even the two major companies that compete directly with McKesson, according to court records. First DataBank allegedly conspired with McKesson to establish an artificial baseline markup on hundreds of drugs that didn’t accurately represent their true suggested retail price

.

But if the bodega, or in this case, the retail pharmacy, is benefiting from the new stickers, then what’s in it for McKesson?

Herrera’s suit contends that if pharmacies like CVS and Rite Aid saw McKesson pressing the scales for them, they’d return to McKesson with their business instead of its two other major American wholesale competitors, Cardinal Health and AmerisourceBergen.

The three companies aggressively compete with one another for business just like they’re supposed to in good ol’ free-market America. But now it appears that McKesson has found a way to game the system and edge ahead of its two rivals. Indeed, McKesson is narrowly beating them in total revenue according to the Fortune 500 list.

Profit margins from drugstore chains were sagging at the time the alleged scheme between McKesson and First DataBank took off, and chain pharmacies had been pressing manufacturers to help them earn higher profit margins. According to the lawsuit, distributor McKesson came to the rescue.

So the final question, then, is whether the drug stores were enriched by all this.

Longs Drugs last year made more than $5 billion in revenue. About 20 percent of that, or $1 billion, came from the government-subsidized health care programs Medicare and Medicaid, according to company records.

In its most recent annual report to the Securities and Exchange Commission, Longs admits that if insurers began using a different benchmark than the prices published by First DataBank, such as a pricing guide that more accurately reflected market prices, there could be a "material adverse effect on our financial performance."

An everywoman at war

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› a&eletters@sfbg.com

Erykah Badu disappeared for a bit, taking her musical incantations and majestic head wraps on a retreat into motherhood. In 2006, she flitted back onto the mainstream radar in Dave Chappelle’s Block Party, a concert film that takes place in a Brooklyn neighborhood and includes the comedian’s closest muso pals. Badu’s appearance stops the hustle and bustle of the event cold with her tiny frame and a huge glorious Afro, which blows off during her duet with Jill Scott during the Roots number "You Got Me." The movie audience I was with that day gasped in admiration as Badu let her trademark locks sail away while she continued to sing, her head and soul apparent for all to see — a diva whose resplendence and power does not rest on borrowed plumage alone.

Back then searching out Badu’s whereabouts led to a stripped-down MySpace page with a selection of songs off her 2003 EP, Worldwide Underground (Motown/Island), and not much else. At one point an old press release showed up, but interjected between the normal publicist-speak were "additions" in block capital letters, which were gentle mockeries of her multiputf8um accomplishments and declarations about "paying bills" and other roadblocks appearing in her life. Her words had the feel of new life forcing its way up through the old. Two years on, that same page is a tricked-out site to behold: a dizzying pastiche of acid-rock tableaus and neo-propagandist political imagery that bears Badu’s likeness — many a result of an art contest held for her fans. It was here that she chose to debut many tracks from her new album, New Amerykah Part One: 4th World War (Universal/Motown).

The recording begins with an aural soup: the noise of a ghetto train ride and the booming voice of a marauder telling folks to drop off their valuables while backing vocals exhort the "Amerykahn Promise." Badu’s voice emerges from this cacophony asking for explanations, a metaphor for her own post-sabbatical rebirth. With a quick costume change and tinkling prayer bells, Badu becomes a prophet with "The Healer," a meditation on the restorative properties of hip-hop, which she describes as "bigger than religion / Bigger than my niggas / Bigger than government." Never one to shy away from her role as everywoman — cue those propaganda posters — Badu emerges amid the muted horns and mellow groove of "Me," underscoring an autobiographical letter to listeners explaining her hesitance to be in the spotlight, her life as a single mother of two, and her fears of martyrdom at the hands of the entertainment industry. Her resolve at the close of the song is evident as she proclaims, "They may try to erase my face / But millions spring up in my place."

Such resolve lies at the crux of Badu’s brilliance, her unerring ability to carry her vulnerability on a dais of steely resilience. Downtrodden tunes like "That Hump" offer funk-laced pipe dreams of a solo mom trying to break even: "We just need a little house / That comes with a spouse." But no matter how broken-down Badu’s New Amerykah gets, there is always an undercurrent fed by the missions for social justice that Badu feels she has been called upon to fight. "Soldier" is both an exhortation and rallying cry: "To my folks think they living sweet / They gonna fuck around and push delete," she warns. Expect the woman to bring this message and attitude to the stage with the help of longtime friends and collaborators the Roots during her "Vortex Tour 2008."

ERYKAH BADU

With the Roots

Sun/8–Mon/9, 7:30 p.m., $45.50–$83.50

Paramount Theatre

2025 Broadway, Oakl.

(510) 465-6400

www.paramounttheatre.com

Rise above

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Also in this issue:
>>An interview with outlaw biker Ian Schwartz
>>An interview with SJBMX.com’s Chris McMahon
>>Sit the fuck down: The Sean Parker story

› duncan@sfbg.com

I push off and head down a makeshift plywood runway, compressing as I roll over the edge and into the Technicolor graffiti of the drainage ditch. The transition between the banked wall and the flatbottom has an abrupt kink in it, enough to send you to your face if you’re caught sleeping. I take some weight off the front end and try to maintain my speed as I pump into the opposite corner and carve the far end of the ditch where there’s an over-45-degree wall that runs behind what my friends and I call the "death pit" — a gaping cutaway in the bottom of the culvert, five feet deep, filled with broken glass, and frequently used as a urinal. Since I’m at the apex of my backside carve, up a wall 10 feet above last week’s Miller Time, I’m jolted by the crackle of a loudspeaker:

"You are trespassing. Leave the area at once or you will be arrested."

My concentration shot by the sheriff’s announcement, I jump off my deck and over the chasm at the base of the bank, barely clearing the skater’s version of a Vietnam tiger pit, and land on the rough concrete beyond the edge. My board bullets straight in, though, so I’ve got to lower myself — gingerly — into the mostly dry detritus and rescue it before my friends and I jet out of the spot and into the manicured back nine of Pleasanton’s Castlewood golf course. We get to the car, throw the boards in the trunk — mine has a "Skateboarding Is Not a Crime" sticker on the bottom — and head to the next spot, a ditch called the Rat Trap.

The year is 1987. I’m 16, in high school, and living with my parents in Fremont. The scene plays out over and over in much the same way: a drainage ditch, a nicely painted curb or ledge at a shopping center, the occasional backyard pool, and night sessions at the Tar Banks, a set of embankments around a loading dock with curbs at the top. It’s an underground railroad of repurposed architecture, none of it designed with a skateboard in mind but all of it highly skateable.

Taking the $4.7mil Cunningham skatepark. Video by Jarrod Allen, www.jarrodallen.com

Every weekend my crew hits as many spots as we can, and the constants shape up like this: urethane, aluminum, Canadian hard rock maple, concrete, and asphalt. Maybe blood, maybe beer — we’re teenagers after all — but nearly always: cops.

Skateboarding may not be a crime, but it sure as hell feels like one.

Flash forward 20 years. I’m with a different crew as I pull onto a street in suburban Redwood City, and I’m no longer rollin’ in my mom’s Plymouth Sundance, but my own truck. The other thing that’s changed is the number of wheels per head. There are four heads to eight wheels, and we’re here to ride the Phil Shao Memorial Skatepark. On bikes.

The park does not disappoint. There are a million kids trying tech ollie flip tricks around the perimeter of the park, but the bowl is what I’m about. Big and shapely with almost burlesque hips poured into her concrete, I’m in love as soon as I roll in. There are a few local bikers who have the place dialed, nonchalantly airing a few feet out and throwing the bars before heading back down the tranny. The only two skaters riding the bowl are a tall skinny teenager and his little sister, who looks to be about 10, and they have it on lockdown: lipslides on the spine, grinds, rock and rolls — everything smooth and fast. "Yeah!" I yell as they take their runs, stoked on their skills.

I know the times have changed when I see the little girl come up out of the bowl in the $450,000 public piece of silky-smooth concrete perfection, walk over to her mother, who’s posted up on a ledge, get a cell phone and make a call. Not five minutes later there are seven (I counted) Redwood City police officers converging on the bench where my friends and I are sitting. They randomly collar my buddy Scott — though I was the last one to drop in — and write him a ticket for $100. I have to admit, I’m flabbergasted.

Guess what: skateboarding isn’t a crime anymore — it’s gone mainstream. Successful companies hire lobbyists to promote the sport, and communities spend big bucks building new facilities for skaters. And now some skaters, many of them kids who never had to live in the underground world that I did, are using their legitimacy to push out the new outlaws — people who ride BMX bikes.

It’s crazy — two cultures that share so much, fighting over how many wheels they ride.

"Is that your daughter’s bike?"

The question comes from one of my coworkers, and, believe it or not, it’s not intended to be snarky. I can’t ride in public without someone saying "cute little bike," while giggling to themselves — or laughing and pointing. Seeing a six-foot-tall, 200-pound, bald-headed, tattooed white dude on a "kid’s bike" is like being passed on the sidewalk by a bear on a unicycle. At one point reactions like these would’ve rubbed me the wrong way, but nowadays, I nod and smile. Sometimes, I try to explain what constitutes a "full grown" BMX bike. While it’s got small wheels — 20 inches in diameter — the top tube, from the seat to the stem, measures 21 inches, and the handlebars are considered pro-sized at eight inches high by 28 inches wide.

Bicycle motocross, or BMX, is purported to have started in 1963 when the Schwinn corporation of Chicago unveiled the Stingray, which was basically a downsized version of the company’s balloon-tired cruiser-type bikes. Kids pretended to be grown-ups by aping Roger DeCoster and other moto heroes — launching their bikes off jumps, racing in empty fields and abandoned lots, and cranking wheelies down the sidewalks of Anytown, USA.

"It all began the way most individual sports start," motorcycle customizer Jesse James says in a voiceover at the beginning of the 2005 BMX nativity story/documentary Joe Kid on a Stingray, "kids pretending to be grown-ups, but acting like big kids."

I have been riding since I was seven. After three decades, one truism remains, and I can’t candy-coat it. I’ve got to speak it like a true BMXer: BMX is rad. It is and always has been an entity unto itself, progressing from wheelies, skids, and bombing hills to encompass myriad styles and surfaces, from streets to pools to dirt jumps to ramps to the balletic grace of flatland freestyle.

This summer, big kids on little bikes will be jumping 30-foot gaps at as many miles per hour as BMX pays homage to its racing roots at the 2008 Olympic Games in Beijing. On June 12 in New York’s Central Park, Kevin Robinson will try to break the legendary Mat Hoffman’s record for the highest quarter-pipe air on a bike — 26 feet, 6 inches.

It doesn’t take death-defying world records, the X Games, the Olympics, or the stupefaction of squares with cameras to make BMX legit. That feeling of overcoming fear and doubt by jumping a little farther, a little higher, the rush of nailing a trick, or carving a bowl, hasn’t changed in half a century. The legitimacy lies in that feeling, behind your breastbone, and it doesn’t change as you get older. Your wrists hurt, your ankles hurt, and your back hurts, but the feeling is the same. Kid’s bike? Hell yeah, it’s a kid’s bike.

It’s not as though I was blissfully unaware of a beef between bikers and skaters that day in Redwood City. Ask any BMXer to tell you a story of friction between the two and four-wheeled sets, and it’s not going to take them long to come up with something.

"When I was 12 years old, a skateboarder threw my bike out of the bowl at Ripon skatepark," says Jackson Ratima, now 19, a Daly City rider sponsored by Fit Bikes. "He was, like, 20 years old or something."

Tim "Wolfman" Harvey, 21, another up-and-coming pro, tells a similar story about a visit to the Bay Area from his native Massachusetts, when a local skater hassled him at the Novato skatepark. "I didn’t even know anything about California. It was my first time out bike riding, period. The guy was giving me all kinds of crap, yelling at me."

Ironically, Harvey, as friendly and easygoing a guy as you could hope to meet, almost turned pro for skateboarding before an ankle injury made it nearly impossible to ollie, an essential trick in street skating. He now lives in Petaluma and is a member of the painter’s union in San Francisco, where he’s a familiar face at street spots, but now on a bike. Back then, though, he "thought California was a scary place."

The Bay Area — and SF in particular — may be the worst place for bikers seeking a vibe-free session. "I’ve never experienced hostility like it is out here," Ratima says.

Smoldering after the Redwood City incident, I began to fixate on the "Skateboarding Is Not a Crime" slogan from my youth. Originally a bumper sticker made by Transworld Skateboarding magazine in the mid ’80s, Santa Cruz Skateboards currently makes a deck with that written on it, so the skate community has gotten a lot of mileage out of being oppressed.

"Skateboarding isn’t a crime?" I’d ask myself. You’re damned straight skateboarding isn’t a crime: it’s the law. BMX is a crime. There isn’t a biker alive who rides transition who hasn’t rolled into a taxpayer-funded park and had a knee-high grommet point to the sign and say, "Bikes aren’t allowed."

Not allowed, huh? Son, I skated my first pool when you were doing the backstroke in your papa’s ball bag.

Look: I love skateboarding and always will. Both skaters and bikers are doing the same thing, copping that same feeling rolling over the same terrain. The war makes no sense.

"We have religion and race and class dividing us. I refuse to be divided by what type of wheel size I have," says Jon Paul Bail, a local at Alameda’s Cityview skatepark.

Bail, 40, is the artist and pundit behind politicalgridlock.com. Through the Home Project, a program run through the Alameda Unified School District, Bail helped raise $150,000 to build the park, $8,000 of which came directly from his company’s coffers. He helped design the park, and he helped pour the concrete in the park, which opened in 1999. Mixed sessions of bikers and skaters were going down for six months with minor tensions but no major incidents when then–City Attorney Carol Korade advised City Hall that mixed use was too dangerous, and shut the bikers out.

My call to Corinne Centeno, Redwood City’s Director of Parks, Recreation, and Community Services, got off to a rough start: "I understand [the Phil Shao Skatepark] is not bike-legal, right?"

"Right. It was built as a skatepark," she replied, subtly italicizing the first syllable with her tone of voice.

"It wasn’t designed for bikes," she repeated, before adding, "but their having been prohibited from the start hasn’t necessarily kept people out." In an effort to do just that, the city is building a fence around the park, with bids currently ranging from $23,000 to $60,000.

The semantic argument — "it’s called a ‘skatepark,’ not a ‘bike park’<0x2009>" — is usually reserved for laypeople who don’t know enough about skateboarding or bike riding to see its inherent lack of logic.

Drainage ditches are not called a "skating ditches," nor were they designed for skating. Swimming pools are not called "skating pools." Yet, therein lie the roots of the modern skatepark, along with full pipes, which are based on industrial-size drainage systems also not intended for wheels. Every day skateboarders and bikers transcend these limits through creative repurposing.

Collision, and the fear of collision, is the main thing public officials cite when shutting bikers out of parks. "It’s unnerving," Vancouver pro skater Alex Chalmers wrote in a 2004 Thrasher manifesto, "BMX Jihad: Keep It in the Dirt."

"BMXers cover so much ground so quickly, especially when they’re pedaling frantically to blast a transfer, that it’s particularly hard to gauge these collisions," he wrote.

But the fact is that in any given park BMXers and skaters take different lines, and the best way to acclimate each group to the other is through exposure. If bike riders are banned, it increases the risk of collisions when a few bikers decide to chance the ticket or brave the vibe-out and ride anyway. A lot of bikers hit parks early in the morning because they don’t want to deal with hassles. During the overlap in "shifts," this leads to bewildered skaters who aren’t used to the lines a biker takes, and vice versa.

And the head-on menace is greatly overstated, largely disappearing when a park is integrated, if only unofficially. At Cityview, the police have displayed somewhat less zeal in ticketing bikers during the past few years. "They treat us like gays in the military," says Bail. "Don’t ask, don’t tell." And yet everyone manages to coexist.

At the new $850,000 skatepark in Benicia, which opened in October, integration isn’t a big deal. "From its conception, we designed it to be a skateboard park and also for bikes," says Mike Dotson, assistant director of parks and recreation. Technically, the park has designated bike hours, but since it’s largely unsupervised, there’s a mildly laissez-faire approach to enforcement. "In the very beginning there was a lot of concern about the use of both bikes and skateboards," Dotson says, stating that the park was packed the first few months. "Initially we had one or two calls on it. Since then I can say I haven’t had any calls on it — in relation to bikes and skateboards being in it at the same time or other complaints."

And there are mixed-use parks all over the world, as far away as Thailand and as nearby as Oregon: "You go to Oregon, and you can ride wherever you want," says a stunned Maurice Meyer, 41, lifelong San Francisco resident and founding member of legendary bike and skate trick team the Curb Dogs. Long Beach, Las Vegas, Phoenix, even Alex Chalmers’ hometown of Vancouver — all have parks where bikes and skates legally ride at the same time. What’s up with the Bay?

Lawyers, insurance underwriters, and city hall types may never understand how a park works. "It’s out of ignorance," Bail says. "To them it looks like chaos. To anyone who has skate etiquette — which is everyone — we all take turns."

Besides, let’s face facts: a skatepark is a dangerous place — to different degrees at different times, and for different reasons. "I swear to God, every time I go to the skatepark I see a hundred boards flying all over the place," Ratima says, "and I’ve never seen a bike go flying and land on a guy’s head." It’s not an inflatable jumpy house — it’s fun, but it’s not made out of cotton balls and your mother isn’t here. Usually.

Rose Dennis, press liaison for the San Francisco Recreation and Park Department, seemed baffled that someone would want to ride a bicycle inside the skatepark part of the new Potrero del Sol. Perhaps as a way of distracting me from my damn-fool idea, she kept hyping the park’s "other amenities."

I live three blocks from Golden Gate Park — if I want to play Frisbee, I’m not going to drive across town. I want to ride. When I brought up the possibility of scheduling bike-only sessions in the yet-to-be opened park, she suggested I draft a letter to general manager Yomi Agunbiade, before adding that "the facility wasn’t designed for that type of recreation."

When I (graciously, I thought) let her know that it would be not only possible to ride a bike there, but highly gratifying, she got a little heated: "At the end of the day, the buck stops with us. If one of you guys breaks your skull open and you’re bleeding all over the place, believe me, no one’s going to have any sympathy for Rec and Park if they make really nonjudicious decisions."

In other words, like a lot of city officials, she’s worried about getting sued.

But you know what? There’s actually less chance a BMXer will successfully sue the city. I give you California Government Code Section 831.7, which states the following: "Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity … who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the place of risk."

The law lists "bicycle racing or jumping" as being a "hazardous recreational activity." It’s on a fairly extensive list, along with diving boards, horseback riding, and the ever-popular rocketeering, skydiving, and spelunking, which, as I’m sure you’ve heard, are all the rage with the kids these days — much more popular than BMX.

But the words "skateboarding," "skateboarder," and "skateboard" are not listed anywhere in the text of the Hazardous Recreational Activities law, commonly called the HRA law. In fact, the International Association of Skateboard Companies has been lobbying to get the bill amended to specifically include "skateboarding" since 1995, when Assemblymember Bill Morrow (R-San Diego) took up the issue. Morrow’s bill was rejected by the state Senate Judiciary Committee in 1996. In 1997, Morrow and skateboard association lobbyist Jim Fitzpatrick gave up on amending the HRA and instead pushed Assembly Bill 1296, which added Provision 115800 to the state’s Health and Safety Code, which states, in part and in much less forceful language — without using the word "liable," for instance — that owners or operators of local skateparks that are not supervised must require skaters to wear helmets, elbow pads, and knee pads, and that they must post a sign stating said requirement.

It doesn’t say anything about "if one of you guys breaks your skull open and you’re bleeding all over the place" while wearing a helmet, then you can’t hold the operator liable.

When I asked San Francisco Deputy City Attorney Virginia Dario-Elizando how the law might apply to the city’s skateparks, she told me, "This question has never come up. I must tell you, I’ve never even seen the rules for the skateparks — no one’s ever asked me to look at them."

BMXers are willing to compromise if that’s what it takes. In May, San Jose opened the 68,000-square-foot Lake Cunningham skatepark, built by the same design firm (Wormhoudt) as the Benicia park at a price of $4.7 million, and the place has bike hours. Like any park, there are rules. Like some parks, there’s supervision, so the rules are enforced: separate bike sessions; helmet, elbow, and knee pads required at all times; brakes required on bikes; no smoking; no songs with swear words over the park soundsystem; no bikes in the three bowls with pool coping even though they only allow plastic pegs, which are undoubtedly softer on coping than metal skateboard trucks … it’s a long list of restrictions. It’s inconvenient for guys who don’t like pads or don’t run brakes, and there’s some griping, but we’ve got our eyes on the prize: the place is amazing, with a huge full pipe, massive vert bowls, and a decent street course.

I would like skaters to realize a couple of things: skating and BMX aren’t so different from each other, at least in the feeling each gives you, right there, behind your sternum, where your heart beats.

Bikers are going to ride no matter what, just like skaters are going to skate. Legal or not, we’re not going to go away. "I got arrested for riding there when I was 14," Ratima says of the Daly City skatepark. "They took my bike and threw it in the back of the car. I just kept going every day, and finally they just gave up."

"I’ve ridden bikes on vert," Thrasher editor Jake Phelps tells me during a phone conversation. "I can ride a bike in a pool, I can do that. I’m stoked when I ride a bike in a pool. Feels hella fun to me. Catching air on a bike is awesome, no doubt about that."

This, from the longtime editor of the bible of the "fuck BMX" set. It’s either baffling or heartening. I can’t decide which. "I don’t mind people that are just regular," he says. "If they’re skateboard people or they’re bike people too, I’ll respect anybody that respects me."

That’s what it comes down to: respect. I respect the fact that skateboarders did not come into this age of skateparks easily. I faded out when there was nothing, and I came back when they were in small towns across America, and I missed all the politicos and dreary meetings. It’s time for bikers to stop feeling like second-class citizens and demand a seat at the table. In the words of Black Flag, it’s time to rise above.

March to stop the Moth Spray

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Photo courtesy of Vegan Reader

Moth spray activists are planning to walk across the Golden Gate Bridge on Saturday, May 31, to protest government plans to spray the Bay Area with moth pheromones.

Folks will gather at 9 am on the San Francisco side in the bridge parking lot, begin their walk at 10 am, and rally at 12 noon at the West End of Crissy Field, between Mason Street and the Marine Sanctuary Visitor Center. (Presumably, no one is going to try the Tibetan monks’ stunt of climbing the bridge, this time dressed as Light Brown Apple Moths.) You can find more information about the details of the march, here.

UC Davis scientists continue to challenge the United States Department of Agriculture and the California Department of Agriculture’s claims that the moth poses a severe threat to agriculture and that the aerial pesticides will effectively eradicate the pest.

But the CDFA is fighting back.

In a recent press release, the CDFA claimed that “aerially-applied moth pheromones have been used around the world for more than a decade with no indication of harm to people, pets or plants.”

“To date, the only impact on the environment or living things is confusion in male moths looking to mate with females,” CDFA officials claim.

Tales of the shitty

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› a&eletters@sfbg.com

REVIEW San Francisco is larger than the stories written about it. This is out of necessity: if we all tried to write down everything that happened here, our arms would get tired. And while the city itself is physically and culturally in thrall to many disparate groups, its history is surprisingly open, belonging most often to those who have nothing more than the inclination to take out a pen and start writing.

Exhibit A: Erick Lyle, a punk kid from Florida who makes zines about pulling off petty scams at chain stores. Mix Lyle and San Francisco and something interesting happens — he becomes a bard of the Tenderloin, distributing his missives (written under the name "Turd Caen") out of a stolen newspaper box. He quietly stocks the shelves of the San Francisco Public Library main branch with his work, leaving clippings and photographs in the library’s archives and inserting his zines in the periodicals section.

Lyle’s new book, On the Lower Frequencies: A Secret History of the City (Soft Skull Press, 272 pages, $14.95), is more likely to end up in the general collection of the library through official channels. After all, it’s reasonably book-size and reasonably book-shaped. It has an official-sounding title — and one that, charmingly, betrays a Tales of the City-like solipsism.

On the Lower Frequencies reminds me of Armistead Maupin’s early work in other ways too. Both are emblematic of the times in which they were written. Maupin’s characters fret about sex and identity (mostly sex) while squeezing melons at the Marina Safeway, while Lyle and his friends steal from Safeway and worry where to live next. The threat of eviction hovers over Lyle and his friends like an anvil, and they cope with a campy lightheartedness that is almost Judy Garland-esque. All they really want to do is throw parades, play music, paint murals, drink cheap beer, interview the mayor, and look for ancient steam vents. To achieve those ends, they live on the cheap and squat in building after building, often in the half-second before its conversion into condos (in one case, a wrecking ball almost takes out a few of them.)

None of these are uncommon tropes in punk writing, except for the "interview the mayor" part. The stories around that encounter — and the other interactions that the group has with city government — made me realize how insular and formulaic much zine content can be: interviews with bands x and y, a few squatting and train-hopping stories, and maybe one about hooking up with a girl who has a pet rat. Lyle’s writing is unusual in its intense curiosity about various subcultures and its sheer enthusiasm for discovering how the city does (and doesn’t) work.

Long-time fans of Lyle’s writing should note that virtually everything here has already been self-published, and that more than a little is lost in the transition to placid, even typography. It’s too bad On the Lower Frequencies didn’t get the warts-and-all reprint treatment that Last Gasp gave its Cometbus anthology. This book is for lending. Your earlier copies of Scam, if you have them, are for hoarding. The original format just feels, in some indefinable way, more secret. It’s hard to describe. Let’s just say that it’s the difference between exploring a building you’ve always been interested in under legitimate circumstances, and walking by that same building one night and finding the door unlocked. And that there’s a party going on inside. *


Pixel Vision: an interview with Erick Lyle

Human-animal hybrid clones

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› annalee@techsploitation.com

TECHSPLOITATION I just love saying that scientists are creating "human-animal hybrid clones" because that single phrase pulls together about 15 nightmares from science fiction and religion all at the same time. Although if you think about it, one fear really should cancel out the other one. I mean, if you’re worried about human cloning, then the fact that these are clones created by sticking human DNA inside cow eggs should be comforting. I mean, it’s not really a human anymore at that point, right?

But the real reason I’m gloating over this piece of completely
ordinary biological weirdness is that last week the British Parliament began the process of legalizing human-animal hybrid embryo cloning. While not explicitly illegal in the United States, the process has been so criticized (including by former president Bill Clinton) that most researchers have stayed away from it. Now, however, this law could make it easy for Brits to advance their medicine far faster than people in the supposedly high-tech and super-advanced United States.

You see, these scary hybrids could become stem cell goldmines. One of the barriers to getting stem cells for research is that they only come from human embryos, and human embryos come from human women. Some of us may be cool with donating our eggs to science, but a lot of us aren’t — and that means scientists don’t have a lot of material to work with if they want to do stem cell research that could do things like reverse organ failure and cure Alzheimer’s.

And that’s where these human-animal hybrids come in. We can already inject DNA into the nucleus of a cow egg and zap it with electricity, thus reprogramming that egg to be human. And we can even get that egg to start dividing as if it were an embryo, creating a bunch of human stem cells. Beyond that, we just aren’t sure. Will these embryos create viable stem cells to treat all those nasty human diseases? Or will they just be duds that act too much like cow cells to be usable by humans? If there’s even a small chance that the former will come to pass, it’s worth investigating — and we’ll have solved the human stem cell shortage problem.

That’s why scientists in the United Kingdom are doing it, and why their government is debating exactly how the process should be regulated. You wouldn’t necessarily know that from the way it’s been covered in the media, where even the normally staid International Herald Tribune began an article about the potential UK law with this sentence: "The British Parliament has voted to allow the creation of human-animal embryos, which some scientists say are vital to find cures for diseases but which critics argue pervert the course of nature." Nice move, throwing in the word "pervert" there.

When the media writes about how scientists might "pervert the course of nature," and the anti-science group Human Genetics Alert is bombarding me and pretty much every other science journalist on the planet with crazed, uniformed screeds about how this law will lead to "designer babies," you start to feel like a huge portion of the population doesn’t know the difference between science and science fiction. Indeed, one of the most anticipated sci-fi horror movies for next year is Splice, which is about a pair of rock star geneticists who create a human-animal hybrid. Of course the hybrid happens to be a deadly, exotic-looking woman with wings and a tail and a super-hot body. Early images released from the production show her naked, with her animal parts looking sexy and dangerous.

The completely impossible "designer baby" in Splice is what most people think will happen when scientists create human-animal hybrid clones. But creating something like the sexy Splice lady is not only beyond the reach of current science, it is also illegal under the proposed UK law. The hybrid clones will only be permitted to develop for about two weeks, which is the time required to create stem cells. After that, they must be destroyed. So the UK law actually makes the nightmare scenario impossible, not possible.

And that’s why I’m psyched about getting my human-animal hybrid clones. *

Annalee Newitz (annalee@techsploitation.com) is a surly media nerd who can’t wait to see the world populated with human-elephant-dolphin hybrids.

Assessing the deal

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› sarah@sfbg.com

Mayor Gavin Newsom stood with San Francisco Labor Council executive director Tim Paulson, flanked by Sup. Sophie Maxwell and representatives from megadeveloper Lennar, the San Francisco Organizing Project, and the Association for Community Organizations for Reform Now (ACORN) May 20 to announce "a historic community benefits agreement."

Lennar had been persuaded to promise more affordable housing and other giveaways in order to win some important new endorsements in their troubled bid to take control of Candlestick and Hunter’s points and cover them with about 10,000 new homes.

"This is a very big deal," Newsom said, plugging the Lennar-financed Prop. G and bashing Sup. Chris Daly for his leadership of the campaign to qualify Prop. F, which would require that half the new units be affordable to households making less than $75,000, a requirement that Lennar casts as a deal breaker.

"Prop. F is a pipe dream that guarantees you only one thing: what you already have," Newsom said. "We have to get the message out what a Trojan horse Prop. F is." Lennar’s top local executive, Kofi Bonner, added that the agreement "enables us to go forward, because now we have new allies."

The Labor Council’s ability to invigorate a campaign makes it an important ally. Yet Lennar’s giveaway of more than it had previously promised and the fact that the agreement comes just two weeks before the June 3 vote seem to indicate that the Prop. G supporters have grown desperate.

Lennar already has spent $3.26 million to promote Prop. G and oppose Prop. F, only to find polls showing Prop. F well ahead despite a campaign that has raised less than $10,000. The weak poll numbers clearly convinced Lennar and its backers in the political power structure that voters would be more likely to support Prop. G if Lennar came up with something that seemed legally binding.

But by supporting a deal that appears to pin down Lennar on levels of housing affordability and community investment, Newsom ironically seems to be validating the concern of Daly and Prop. F’s other backers that Prop. G lacks guarantees on these fronts (see "Promises and reality," 04/23/08).

Not even Newsom could deny that Prop. F’s presence on the political landscape pushed Lennar to seek a community benefits agreement with the Labor Council and ACORN, a group that had been a solid part of Daly’s affordable-housing constituency.

"It probably has," Newsom told the Guardian. "That said, I don’t think Prop. F should suggest the deal is better because of them. Perhaps it’s worse."

Daly dismissed Newsom’s attacks as more attempts to hurt Prop. F’s popularity by trying to attach it to Daly’s personal negatives. Daly also attacked the agreement as overstated in its promises and impossible to enforce.

"I really don’t know if there is any net gain from one deal to the next," Daly said. "And how is it enforceable? We’re not sure anything legally binding is on table now. If there was a development agreement then obviously we would have some surety, as we would if we had a development plan that had cleared the approval process — Lennar’s financial vulnerabilities notwithstanding."

Noting that the city has had "bad luck with big order projects before," Daly recalls how Lennar reneged on building rental units at the Shipyard’s Parcel A, where the developer also failed to properly monitor and control asbestos dust despite promising to do so.

The agreement, which doesn’t include the city or any government agency as a party, is certainly unconventional. But is the deal legally binding? And just who benefits from it?

The CBA purportedly commits Lennar to create 31.86 percent "affordable" housing units in the Bayview, contribute $27 million to provide affordable homes throughout District 10, rebuild the Alice Griffith public housing project, and give down payment and first-time homebuyer assistance on another 3 percent of the homes.

All told, Paulson claims the deal locks in an unprecedented 35 percent affordable housing into Lennar’s mixed-use proposal for the Bayview. The deal also obligates Lennar to invest $8.5 million in workforce development in District 10, hire locally, pay living wages, and allow worker organizing with a card check neutrality policy.

"This legally binding agreement is a way we can insure that our community gets the benefits it needs," said SFOP co-president and longtime Bayview resident Eleanor Williams.

Paulson said May 22 the deal is still being "lawyered up" to ensure its enforceability, and ACORN’s John Eller insists the deal was done with community input. "We have had numerous meetings in which the community was demanding accountability and clear commitments to the workforce and housing, including the possibility of home ownership," Eller told the Guardian.

But Julian Gross, director of the San Francisco–based Community Benefits Law Center, clarifies that the deal only becomes legally binding if Lennar builds a mixed-use project in Bayview/Candlestick Point. "A community benefits agreement gives people a way to work in a coalition," said Gross, who helped negotiate CBAs at Oakland’s Uptown and Oak to Ninth projects, and at Lennar’s development in San Diego’s Ballpark Village in 2005.

Michael Cohen, director of the Mayor’s Office of Economic Workforce and Development, said the city hopes to enter into its own legally binding agreement with Lennar over a mixed-use project by the end of 2009, once environmental reviews on the project are completed.

Given that the project is expected to take 12–15 years to complete, could Lennar change the CBA’s terms after it starts to develop the Bayview? Yes, says Donald Cohen of the San Diego–based Center for Public Policy Initiatives, but only if both sides agree to any changes.

"In a private deal between private parties, those parties can agree to change the terms of the deal at any time," Cohen explained.

That’s significant given the divisions over development within the Labor Council. As Paulson confirmed, the building-trade unions were pushing for outright endorsement of Prop. G and opposition to Prop. F, but he successfully pushed for the negotiations with Lennar, which lasted more than eight weeks and almost broke down several times, Paulson told us.

"I told them, I don’t think that’s where we are coming from because Prop. G doesn’t contain guarantees on affordable housing or jobs," Paulson said of his initial response to Prop. G supporters.

The agreement appears to stretch the definition of "affordable housing," reaching up to those earning 160 percent of area median income, which is essentially market-rate housing for the low-income southeast sector.

Prop. F supporter Alicia Schwartz of People Organized to Win Employment Rights said that what labor’s deal with Lennar means is that only 15.6 percent of the housing will truly be affordable to the folks who currently live in the Bayview. While "3,500 units sounds good," Schwartz observed, "Only 50 percent of them will be for families making 60 percent and less of area median income, while the other 50 percent are for 80 to 160 percent AMI. That means $500,000 condos, which 70 percent of the Bayview can’t afford."

Yet Cohen said it’s understandable that the Labor Council crafted a deal that caters to those with above-average incomes.

"Affordable-housing policies over the last 10 years have tended not to address the needs of many of their members," Cohen said. "Many families make more than $64,000, so they can’t qualify for affordable housing, but don’t make enough to buy. This provides a fantastic and large-scale opportunity to address the problem of the squeezing of the middle class in San Francisco."

Public records obtained from the Mayor’s Office show that prior to this latest deal, Lennar planned to build up to 75 percent market-rate housing at the site, including hundreds of million-dollar townhouses, thousands of high-rise units at $787,483, mid-rise units at $734,400, townhouses at $651,366, and low-rise units at $592,797.

But under the CBA, the top tier of condos that Lennar deems "affordable" cost about the same as the cheapest market rate units it had already planned to build, leaving only 1,566 rental units at rates truly affordable to San Francisco’s low-income workers.

Paulson believes the resulting agreement "ensures that residents, workers, tenants, and future homebuyers have a path to new jobs and housing." He also claims that it is tied to the land, "meaning that it would be transferable to other developers if Lennar pulls out."

Joseph Smooke, executive director of the Bernal Heights Neighborhood Center, said he believes the jobs agreements labor negotiated are good. "It’s the housing stuff where they gave away the store," Smooke said. "Why didn’t they stick to the jobs piece and support Prop. F?"

Pointing to the Board of Supervisors’ passage of policy saying that 64 percent of housing in eastern neighborhoods should be targeted at 80 percent of AMI and below, Smooke added, "There are ways to make 50 percent affordable work. This is free land. It’s not rocket science. But is it city policy to protect a developer’s stated desire for 18 to 22 percent profit?"

Meanwhile, Schwartz hopes SFOP and ACORN are being accountable to their base of low-income workers. "Lennar would like to tell you that if Prop. G doesn’t pass, nothing happens. But in reality, the community’s plan stays, plus now there is a 50 percent affordable-housing requirement," Schwartz said. "That’s a win-win."

"For Newsom and Lennar to say that Prop. F is a poison pill — the irony is not lost on the Bayview," Schwartz added, recalling the city’s failure to hold Lennar accountable for its promises and misdeeds. "We’re looking to change the way business is done in San Francisco." *

San Francisco sues massive drug wholesaler

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Close readers of the Bay Guardian might remember that back in October of 2006, we caught up with a story involving the McKesson Corp., one of the world’s largest wholesalers of prescription drugs based in San Francisco, and a little-known publishing house called First DataBank, located in San Bruno and one of the few publishers of prescription drug prices in the United States.

First DataBank is owned the Hearst Corp., parent of the San Francisco Chronicle. We followed up with a few more versions of the story, but beyond the Wall Street Journal, which broke the first major story about the relationship between the companies as a lawsuit on the East Coast alleging a conspiracy to artificially inflate drug prices winded its way through the courts, almost no one has bothered to report on the subject.

It took the Chronicle’s business section weeks after our stories ran to publish anything on the suit even though the Journal led with the story on its front page when it first went public.

Probably within hours from now, however, you should expect to see more about McKesson and First DataBank at SFGate.com with a new attitude from the Chronicle about the two companies.

That’s because San Francisco’s city attorney announced today that we’ll be the first government entity to sue McKesson for the alleged price inflations in a federal court in Boston where the other suits were filed. The stories we wrote focused on labor unions there that extended drug benefits to their rank-and-file and whose attorneys obtained internal communications from McKesson and First DataBank employees that purportedly showed how the companies celebrated the success of the alleged price-fixing scheme. In San Francisco’s suit, First DataBank is not listed as a defendant, but the city attorney describes the company as “an unnamed co-conspirator.”

Despite McKesson’s global reach and headquarters being located here in the city, we’ve always been blown away that the local press has spent so little time reporting on them. We’ll post more info as we gather it.

Profitting off injured contract workers in Iraq

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Henry Waxman, the U.S. Congressman representing California’s 30th District, which includes West Hollywood and Beverley Hills, is spittin’ mad at private contractors in Iraq.

According to CNN, Waxman raged yesterday that the Pentagon allows private contractors to negotiate worker’s compensation without any major concern for competition between insurance providers to make sure taxpayers get a good deal. See, we bankroll workers’ comp for such companies, but the state department, the corps of engineers and other federal bodies that aren’t the Pentagon make carriers compete to offer the federal government their coverage.

Meanwhile, insurance providers that sell the insurance to contractors for the defense department, like KBR and Blackwater, who then send us the bill, make huge profits of nearly 40 percent, according to Waxman. CNN quoted Waxman saying that during the last half decade, the four largest private insurers have made almost $600 million in profits through this system.

Good news: Big Media stopped

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By Bruce B. Brugmann

This is the good news that you won’t find in the Big Media or, as I call them, the Galloping Conglomerati.
The U.S. Senate, in an incredible near unanimous vote, stood up to Big Media and voted yesterday to junk the FCC decision to let the largest media companies swallow up even more local media.

As the Stop the Big Media press release noted, “This historic vote sends a clear message that the only people who support more media consolidation are Big Media lobbyists and the White House.” Let us remember that it it was the Big Media who were almost unanimous in whooping along the Bush invasion of Iraq and have largely supported it ever since and who are benefiting greatly from government broadcast licenses and the hope of getting more.
Next battleground: the U.S. House of Representatives.

See the press release from Stop Media.com and the Free Press group. Sign up and join this historic battle. And let me know if you see this story in the Big Media press. B3

Continue reading for Stop Beg Media’s press release.

Cow tipping in Daly City

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› gwschulz@sfbg.com

Daly City’s desperate campaign to shut down the famous Cow Palace and sell the land it’s located on to developers continues.

In the newest twist, promoters of shows and conventions that have long been held at the Cow Palace are being approached by officials from an expo center in San Mateo County about moving their events, which could increasingly drain the Cow Palace’s income and kill efforts to stop Daly City and its allies in Sacramento from selling it.

Some promoters also contacted the San Mateo County Event Center about a possible move, worried that efforts to demolish the Cow Palace will make it difficult for them to schedule future events. Chris Carpenter, general manager of the San Mateo center, refused to name the shows because the promoters have asked him not to say anything.

"We are very interested in filling as many dates as we can for the Event Center," Carpenter told the Guardian. "We have a very active sales department."

Carpenter denied that Daly City officials encouraged him to steal business from the Cow Palace, saying no one from the city had contacted him. But Daly City manager Pat Martel eagerly promoted the alternative venue on the KQED radio show Forum March 28.

"Today we have state-of-the-art facilities throughout the Bay Area where a number of events currently at the Cow Palace can continue…. The San Mateo County Expo Center would welcome the opportunity to keep that kind of business in the county," Martel said.

The San Francisco Flower and Garden show announced in late April that it was leaving the Cow Palace after 12 years and heading to San Mateo, where flower show proprietor Duane Kelly signed a five-year agreement. Kelly said he made the move because the state had long ago promised certain renovations and improvements would occur at the Cow Palace, but they never happened.

In the meantime, the San Mateo center received a $3 million renovation that included fresh paint and new carpet and draperies. It was simply a better situation for a show that relies on aesthetics, Kelly said.

Kelly added he wasn’t impressed with how Daly City officials and state senator Leland Yee have handled the discussions about the proposed sale by trying to exclude Cow Palace officials from deliberations about the venue’s future. He said it looked more to him like a land grab, and despite the construction of new, glitzy convention centers elsewhere, the Bay Area remains underserved.

"Particularly [San Francisco’s Moscone Center] does not lend itself to public shows because of the parking issue, and it’s a very expensive building to work in," Kelly said.

Following a March public meeting on the Cow Palace’s fate, officials at the San Mateo center approached the organizer of the Great Dickens Christmas Faire about moving that event. Kevin Patterson, who runs the fair and has since helped lead a campaign to save the Cow Palace, said the San Mateo center isn’t suitable because of the amount of space he needs and the cost required to alter his event logistically. Besides, he said, he likes the Cow Palace.

"Daly City just got greedy and pushed too hard and tried to get too much," Patterson said.

In December, Daly City officials voted to dispatch their lobbyist for a chat with Yee about developing the land after complaining that two years of lease negotiations over a 13-acre plot of Cow Palace property had gone nowhere. The lobbyist, Bill Duplissea, is a former Republican member of the State Assembly whose firm, Cline and Duplissea, has earned $266,000 from Daly City since 2001, according to state records, to "monitor budget issues" and hit up lawmakers like Yee.

Weeks after Daly City sent Duplissea after Yee, the senator introduced Senate Bill 1527, originally designating as "surplus" all 67 acres of state-owned property the Cow Palace sits on so that Daly City could purchase it, flip the valuable real estate to a developer, and await the local boost in tax revenue coming from new condos, storefronts, and a retail grocer.

Daly City was so determined to circumvent the Cow Palace on the issue that when the California Department of Food and Agriculture, which oversees the property, tried to convene peace talks between the Cow Palace and Daly City, Duplissea sent a letter to the state declaring that his client would prefer to deal only with Sacramento.

After the bill was introduced, Yee and Daly City officials embarked on a media blitz condemning the Cow Palace as a decrepit relic with event income that couldn’t sustain it. Many of the events Cow Palace hosts, Daly City complains, are offensive to the sensibilities of locals or don’t match the neighborhood fabric, like an annual gun show and the San Francisco–centric Exotic Erotic Ball, "a celebration of flesh, fetish, and fantasy," according to the ball’s Web site.

"Every single neighborhood association surrounding the Cow Palace asked the senator to carry this legislation," Yee spokesperson Adam Keigwin told us. "This was always about revitalizing the neighborhood."

After Cow Palace supporters mounted a resistance campaign, Yee came up with a mid-April "compromise" bill that would result in the sell-off of the 13-acre parking lot adjacent to the Cow Palace while appearing to protect the historic venue for now.

Patterson of the Great Dickens fair said a lease provision in the bill would be preferable so revenue could go toward giving the Cow Palace an earthquake retrofit and other needed improvements. But Keigwin said that’s not something the senator’s interested in.

The California Senate Government Organizational Committee was debating the bill as we went to press. That committee includes Yee and Sens. Jeff Denham and Mark Wyland, two Republican cosponsors of the bill who represent districts that aren’t affected by the Cow Palace at all.

Denham, whose District 12 contains the cities of Modesto and Salinas, tellingly promoted legislation two years ago asking the state to study transferring control over agricultural fairs to local governments, but it died in the assembly’s Appropriations Committee.

Opponents of Yee’s bill are concerned it could set a precedent for the state to declare other agricultural districts "surplus" and sell them to developers without local supporters and promoters of fairs and expos having a say in the matter, not unlike what the Cow Palace faces now.

A capitol insider also told us that because Yee declared SB 1527 "urgent" in hopes of rushing it through the legislature, it requires a two-thirds vote, hence the cosponsorships from two minority GOP lawmakers.

As for the future of the Cow Palace’s clients, we contacted the Grand National Rodeo, the San Francisco Sport and Boat Show, and the Golden Gate Kennel Club Dog Show, but didn’t hear back from representatives of any of these events.

Baba, a tattoo artist in Los Angeles, said San Francisco’s Body Art Expo, held at the Cow Palace, secured an agreement with the venue for another year, but he wouldn’t offer further details. Mega Productions, which hosts the event, didn’t return our call.

Howard Mauskopf, executive producer of the Exotic Erotic Ball, said he recently looked at other possible venues, but he’s keeping them confidential for now. The Moscone Center is big enough, Mauskopf said, "but they wouldn’t touch an event of this ilk." He added that the ball’s coordinators regularly receive letters from law enforcement commending them on the lack of trouble they cause.

"There are things we really like about the Cow Palace, which includes the fact that they kind of let the event happen the way it needs to happen," Mauskopf said. "It’s big enough. That’s the most important thing. And they have a very high-quality ticket office that really knows how to deal with consumers."

The Bike Issue: Behind the pack

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Also in this issue:

>>10 things Bay Area cyclists should know

>>Don’t Stop: Bike lessons from Idaho

› steve@sfbg.com

There’s a strange dichotomy facing bicycling in San Francisco, and it’s spelled out in the San Francisco Municipal Transportation Agency’s "2007 Citywide Bicycle Counts Report," which features a cover photo of Mayor Gavin Newsom and me pedaling up Market Street together on Bike to Work Day two years ago.

That photo, its context, and the information contained in the report tell the story of a city that at one time set the pace for facilitating bicycling as a viable alternative to the automobile. But that city has been passed up since then by cities such as Chicago, New York, Washington DC, Seattle, and Portland, Ore.

San Francisco still has a higher per-capita rate of bicycle use than any major city in the United States, and that number has been steadily rising in recent years, even as construction of new bike facilities has stalled. The report’s survey found a 15 percent increase since the first official bicycle count was conducted in 2006.

"This increase is especially significant when viewed in light of the injunction against the City’s Bicycle Plan. This injunction has stopped the City from installing any new bicycle facilities since June 2006. Despite a lack of improvement or additions to the City’s bicycle route network, cycling use in San Francisco appears to be increasing," the report read.

It’ll take at least another year for city officials to wrap up the environmental studies on the 56 proposed bike projects and get Judge Peter Busch to lift the injunction (see "Stationary biking," 5/16/07). But it’s still an open question whether San Francisco’s three-year hiatus will be followed by the rapid installation of new bike lanes and other facilities.

City officials express confidence, and there are some hopeful signs. Newsom has been focused on environmental initiatives, the MTA has beefed up its bike staff from six full-time slots to nine, advocacy groups like San Francisco Bicycle Coalition are at the peak of their numbers and influence, and all involved say promoting bicycling is a cheap, effective way of reducing greenhouse gas emissions, air pollution, and traffic congestion.

"I’d be very surprised if, within six months after the injunction being lifted, we don’t see a record number of bike lanes striped," said MTA spokesperson Judson True.

Yet there are still political barriers to overcome in a city where cars are the dominant transportation option — and the first barrier is Mayor Newsom. He has yet to show a willingness to back his green rhetoric with policies that actually take space from cars, which many of the bike lane projects will entail.

"I think we have seen this mayor talk big on some environmental problems, but I’ve been disappointed that on transportation, that thinking hasn’t been turned into action yet," said SFBC executive director Leah Shahum, whom Newsom appointed to the MTA board but then removed earlier this year before her term expired, a sign of the complex and largely adversarial relationship between the mayor and bicyclists.

Newsom has been able to avoid tough decisions on bikes and cars for the past two years because of the injunction and the wait for Muni and traffic congestion studies, which are being released throughout 2008. But that’s about to change with the court’s ban on new bike projects slated to end next year. So will Newsom, who may be running for governor at the time, be willing to make controversial decisions that back up all his green talk? It’s an open question.

The common denominator in all the cities that have pedaled past San Francisco in recent years is that they’ve had strong mayors who have embraced cycling and partnered with bike advocates to change the rules of the road, often contracting them to work directly on projects.

"We’re poised for it, but will we act on it?" Shahum said of the potential for a bike boom in San Francisco. "It’s going to be a real test next summer and I think the mayor’s role is crucial."

THE GREEN BUG


Like many big city mayors, Newsom has become enamored of all things green at the same time that he’s trying to manage an overtaxed transportation system. He is pushing for Muni improvements and has voiced support for congestion pricing initiatives that could make driving a car more expensive.

"This trend of big city mayors focused on transportation to deal with environmental problems is spreading, and I think Newsom has caught that bug," Shahum said.

SFBC and other groups have been meeting regularly with Wade Crowfoot, the mayor’s new director of climate change initiatives, to push the bike plan work forward, create an aggressive implementation strategy, and craft new initiatives like the recently unveiled "Healthways" proposal to close down the Embarcadero to cars on summer Sunday mornings, an idea borrowed from Bogotá, Colombia.

It’s a sea change from that ride I took with Newsom two years ago, three days after he vetoed Healthy Saturdays, which would have created another day of car-free roads in Golden Gate Park. He labeled the bike advocates as "divisive," and told me his veto decision was influenced by "people in the neighborhoods who just came out in force in ways that, frankly, I didn’t expect."

Those feelings, held by the half of San Franciscans who use a car as their primary mode of transportation, haven’t gone away. Newsom’s advisers and the MTA staffers working on the Bike Plan acknowledge the political challenges in completing the bike network, which advocates say is an important prerequisite for convincing more people that cycling is a safe, attractive option.

I asked Oliver Gajda, who is leading the MTA’s bike team, whether the 56 projects he’s now working on would be queued up and ready to build once the injunction is lifted. While the technical work will be done, he said that most projects still will require lots of community meetings and negotiations.

"Some of the projects will take a couple years of work with the community, and some will take less," Gajda said. "When you discuss the potential of removing lanes or parking spots, there are lots of different interests in San Francisco that have concerns."

That’s where the rubber meets the road. Yes, everyone wants to see more cycling in San Francisco — Newsom two years ago even set the goal of 10 percent of all vehicle trips being made by bicycle by 2010, a goal that nobody interviewed for this article thinks the city will meet — but is the city willing to take space from cars?

"The public priorities are already correct, but we need political leadership to implement those priorities even when there’s opposition," said Dave Snyder, transportation policy director with the San Francisco Planning Urban Research Association.

Crowfoot said Newsom is committed to creating better alternatives to the automobile.

"The mayor is fully supportive of expanding the bike network and that will involve tradeoffs," Crowfoot said, acknowledging that some projects involve losing lanes or parking spaces to close the bike network’s most dangerous gaps. "To the extent that the bike network continues to be a patchwork, people won’t get on bikes."

But the mayor also has been fully supportive of the Transit Effectiveness Project’s proposal to reform Muni, even though he recently suggested opposition to proposed parking fine increases might mean that some TEP proposals need to be scaled back.

Skeptics also note that Newsom removed Shahum from the MTA and has appointed no one else with connections to the bicycling community since then, even though that body has sweeping new authority under last year’s Proposition A to implement the bike plan and make decisions about which transportation modes get priority and funding.

"I’m pushing for that, and we’ll see what happens," Crowfoot said of his efforts to get a complete bike network going during the Newsom administration’s reign, acknowledging that, "the proof is in the pudding."

ZERO-SUM GAME


San Francisco’s strong bicycle advocacy culture, the creation of lots of new bike lanes between 2000 and 2004, and innovations like Critical Mass and the sharrow (a painted arrow on the road indicating where bikes should safely ride) made this city a leader in the bicycling movement.

Yet it is only in the last few years, when San Franciscans have been sidelined by the injunction, that the movement really gained mainstream political acceptance and begun to make inroads into the dominant car culture of the United States, slowly and belatedly following the lead of European cities like Amsterdam and Copenhagen.

"Interest in bike-friendly policies is surging, along with the growing number of adults who are riding more. Moreover, the movers and shakers of the biking scene are often smart, always passionate, and they believe strongly in what they are doing. Even when such groups are in the minority, they often enjoy significant political success, and they should never be discounted," J. Harry Wray, a political science professor from DePaul University in Chicago, argues in his new book Pedal Power: The Quiet Rise of the Bicycle in American Public Life (Paradigm, 2008).

Jeffrey Miller, executive director of Thunderhead Alliance, a national umbrella organization supporting regional bicycle advocacy groups, told us he’s pleased with the movement’s progress in recent years.

"There’s been an awakening by the decision-makers in both government and businesses that bicycling and walking can solve a lot of the environmental problems we’re facing," Miller said.

He cited Portland, Ore., Chicago, Seattle, Washington DC, and New York as the cities leading the way in prioritizing bicycling and creating systems that encourage the use of bikes, and said he was sad to see the setbacks in San Francisco.

"But advocates in each of those cities will say there’s so much more work to be done," Miller said.

Most of that work centers on changing how drivers and planners think about cities, and especially with those who see the competition for space as a zero-sum game. Miller noted that it’s good for motorists when more people are encouraged to opt for alternate forms of transportation.

"If you just get 10 to 20 percent of the drivers to use those other modes, it frees the freeways up for cars as well," Miller said. "I don’t see why we go out of our way to favor cars over every other form of transportation."

Like many advocates, he said a strong and consistently supportive mayor is crucial to change the priorities in cities.

"We have an executive leader in Mayor Daley who believes strongly that the bicycle is a big part of the solution to our environmental problems," said Rob Sadowsky, director of the Chicagoland Bicycle Federation.

"We have an incredible partnership with the city," he said, noting that the organization often works directly on city contracts to create more bicycle facilities, something that happens in other bike-friendly cities like Portland and New York. But it doesn’t happen much in San Francisco.

"There’s a real sense that we’ve turned a critical corner and things that we’re been fighting for, for years now, are in sight," said Paul Steely White, executive director of Transportation Alternatives in New York. "In the last year, there have been some significant policy advances."

Like Mayor Daley in Chicago, New York Mayor Michael Bloomberg has become a vocal advocate of green transportation alternatives and has been willing to stand firm against displaced drivers.

"Anything you give to cyclists is basically taken away from automobiles," White said, adding that New York officials "have not shied away from taking parking away, or even a lane on Ninth Avenue. And that shows how serious they are."

The problem isn’t just San Francisco’s, but California’s as well. It is the state’s decades-old California Environmental Quality Act that was used to stall the Bike Plan and make bike projects so cumbersome. Sadowsky said bike projects in Chicago are relatively easy to implement, with little in the way of hearings or environmental studies needed.

Oregon laws also helped make Portland a national leader, with a requirement that all new road construction include bike lanes, paid for with state funds. Yet here in the small, 49-mile square that is San Francisco, with ideal weather and a deeply ingrained bike community, many say the city could be on the verge of regaining its leadership role in the bicycle policy.

A poll conducted in November 2007 by David Binder Research found that 5 percent of residents use a bicycle as their main mode of transportation, and that 16 percent of San Franciscans ride a bike at least once a week. Even more encouraging is the fact that most reasons cited for not biking — not enough bike lanes or parking, bad roads, feeling threatened by cars — are all things that can be addressed by smart bike policies.

"If it’s going to happen anywhere, it’s going to happen in San Francisco — as far as making more bicycling a reality," Gajda told us. "I really feel like we’re poised after the injunction to take it to the next level."

GET INVOLVED

The SFMTA has a series of upcoming workshops on the city’s Bike Plan and network:

Central Neighborhoods May 21, 6–7:30 p.m., SoMa Recreation Center Auditorium, 270 Sixth St.

Southeastern Neighborhoods May 22, 6–7:30 p.m., Bayview Anna E. Warden Branch Library, 5075 Third St.

Western Neighborhoods June 3, 6–7:30 p.m., Sunset Recreation Center Auditorium, 2201 Lawton.

Northern Neighborhoods June 4, 6–7:30 p.m., Golden Gate Valley Branch Library, 1801 Green.

BIKE TO WORK DAY, MAY 15

Biking is easier and more fun than many people realize, so Bike to Work Day is the perfect excuse to try it on for size. There will be energizer stations all over town for goodies and encouragement, and lots of fellow cyclists on the road for moral support, including group rides leaving 11 different neighborhoods at 7:30 a.m. After work, swing by the SFBC’s Bike Away from Work party from 6–10 p.m. at the Rickshaw Stop, 155 Fell St. For more details, visit http://www.sfbike.org/

Rock the Casbah: ‘Abdel Hadi Halo and the El Gusto Orchestra of Algiers’ revives North Africa’s chaabi

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ABDEL HADI HALO AND THE EL GUSTO ORCHESTRA OF ALGIERS
Abdel Hadi Halo and the El Gusto Orchestra of Algiers
(Honest Jon’s)

By Erik Morse

The style and history of chaabi may be recognizable to few if any Westerners. But the examples performed on Abdel Hadi Halo and the El Gusto Orchestra of Algiers represent a unique and fascinating exchange between French, Spanish, and Algerian musical identity as well as the miscegenation of Jewish, Berber, and Arabic street culture in the heart of North Africa.

Translated from Arabic as “popular,” chaabi – originating in the Casbah as part of a Moorish/Andalusian tradition that stretched back to the 15th century – reached its height during the 1950s. Primarily performed in bars and clubs where many French expats, American GIs, Sephardic Jews, and Algerian Muslims congregated and swapped native instruments and scales, the cosmopolitan interplay of chaabi marked a complex colonial parity comparable to American Delta blues. With Algeria’s independence from France in 1962, over 100,000 pied-noirs (mostly Jews and European colonials) fled north from their homes fearing reprisal from the Muslim sanctioned government. And with them went much of the cross-cultural popularity of chaabi.

Although it lost much of its mystique among younger musicians, the forefathers of chaabi played on. Some, like El Hajj Muhammad El Anka, referred to as the “father of chaabi,” continued to teach and spread the genre’s musical heritage throughout Algeria until his death in 1978.

We stand with Carole Migden

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OPINION As longtime fans of the Guardian and as allies in almost every fight, including the struggles for public power, affordable housing, people-focused land use policy, and clean and open government, we do not like finding ourselves on the opposite side of an issue as important as this year’s state Senate race. Respectfully, we must say that we believe the Guardian‘s failure to endorse Carole Migden in that race was a colossal mistake — not unlike the decision to endorse Angela Alioto over Tom Ammiano and Matt Gonzalez for mayor in 2003.

Both Leno and Migden are good votes in Sacramento. But the simple reality is that Carole Migden has been there for the local left in ways that make her the only choice for progressives willing to take on the establishment. Certainly Migden has made herself vulnerable to political attacks. Her failure to retain a professional treasurer for her campaign finance filings was clearly an error of judgment. But for us, none of this outweighs her incredible record of achievement in Sacramento or her far more reliable support of progressive candidates and causes in San Francisco.

Guardian readers should by now be familiar with Migden’s long record in Sacramento: the California Clean Water Act, saving the Headwaters Forest, community choice aggregation (CCA), a series of domestic partnership laws that have established a viable alternative to marriage in California while setting the stage for extending marriage rights to same-sex couples, a remarkable package of foster care reforms, and cosmetics safety legislation.

But it is Migden’s role locally that makes her so important to San Francisco progressives. Migden is the only candidate in the race who has been there for progressives in difficult political battles. As candidates for the Democratic County Central Committee, we are grateful that the Guardian endorsed our entire slate. But we wonder if the Guardian considered the fact that the vast majority (indeed, almost unanimous) of Hope Slate candidates are Migden supporters, because they are the leading progressive candidates to retain a progressive majority on the Board of Supervisors in November. It is not coincidental.

Few politicians who have risen as high in the establishment food chain as Carole Migden have done so retaining a willingness to fight for the underdog. Guardian readers should be familiar with the litany: she supported Aaron Peskin and Jake McGoldrick in 2000; reached out to Chris Daly soon thereafter and stood strongly with him against subsequent challenges; never, ever supported Gavin Newsom; attended the Progressive Convention; and financed progressive campaigns from the Affordable Housing Bond to Muni reform.

Migden is a scrappy street fighter who helps other scrappy street fighters. As one of the very first queers and one of the first women to take political power at these levels, she had to be. Someday progressive politics may not need scrappy street fighters (and someday maybe women will be better represented in public office) — but not yet.

We are proud to stand with Carole Migden, as she has stood with us. She is the candidate in this race who we can count on to fight when it really counts.

Bill Barnes, Chris Daly, Michael Goldstein, Robert Haaland, Joe Julian, Eric Mar, Rafael Mandelman, Eric Quezada, and Debra Walker

The writers are Hope Slate candidates for the DCCC.

Newsom axes sunshine

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EDITORIAL Shortly before he left on a trip to Israel last week, Mayor Gavin Newsom quietly vetoed a bill that would have greatly expanded public access to the workings of San Francisco government. The supervisors need to override that veto as quickly as possible.

The measure, by Sup. Ross Mirkarimi, seems so simple that it’s hard to imagine why it would be controversial. Mirkarimi wants the city to audiotape or videotape any meeting of any public agency at City Hall, and post that tape on the Web within 72 hours.

That would make it much easier for people following local government actions to see or hear the actual testimony and discussion at board and commission meetings, most of which take place during the day when people with jobs can’t attend. The Board of Supervisors meetings are televised, as are most board committee meetings, but dozens of other agencies meet regularly with few people attending and virtually no press coverage. And there’s no easy way to find out exactly what went on at those meetings.

Posting the recordings on the Web is part of a larger agenda promoted by sunshine advocates who want to see the city use easily available and inexpensive modern technology to promote open government (see Sunshine in the digital age, 3/12/08). Among their proposals: at the very least, post and stream the audio portion of all meetings on the Internet. Most meetings are already recorded anyway, and all the meeting rooms are equipped with recording gear. But those recordings aren’t easy to access. The only way to get a copy of the proceedings is to send $10 for a DVD and $1 for an audiotape to the city, then wait a week for your media to arrive in the mail. How hard could it be to put that material on the Web?

Sunshine activists want to go a lot further. They suggest, for example, that every document and e-mail created by a city employee be sent automatically to a public server where it can be viewed over the Internet. And if there was adequate wi-fi service at City Hall (there isn’t), bloggers could post video of the meetings themselves.

Mirkarimi’s bill didn’t go anywhere near that far. All he asked was that the meetings that take place in rooms equipped for audio or video taping be recorded and that the files be placed on the Web. The total cost was pegged at $131,000 per year, but the city’s cable-TV franchise deal would require Comcast to pay $55,000 for the necessary new equipment. So the final tab would be only $72,000 a year. That’s such a minuscule percentage of the city’s $5 billion budget that it fits into the category of what Mirkarimi calls "decimal dust."

And yet in an April 30 veto message, Newsom said he found the cost too high. "I would urge the Board of Supervisors to hold off on new spending initiatives" until the next budget cycle, he said.

That’s crazy. We recognize that money is tight, but Newsom has pushed all sorts of new programs and initiatives that cost more than $72,000. In fact, he spent almost twice that much ($139,700) gussying up his office back in January.

Four supervisors voted against Mirkarimi’s bill: Carmen Chu, Sean Elsbernd, Jake McGoldrick, and Michela Alioto-Pier, so Mirkarimi appears to have seven votes to override the veto. It will take one more — one more supervisor willing to stand up for open government — to make this program happen. It’s embarrassing to see neighborhood supervisors voting against sunshine. Call the four and demand they vote to override. Chu: 554-7460. Elsbernd: 554-6516. McGoldrick: 554-7410. Alioto-Pier: 554-7752.

Small Business Awards 2008: Small Business Activist Award

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Scott Hauge is the Scarlet Pimpernel of the small business community. He’s here, he’s there, he’s everywhere.

Hauge’s day job is president and owner of CAL Insurance & Associates, a company that specializes in providing insurance for small to medium-size businesses. But his real job is operating as a classic San Francisco activist, representing small business on local, state, and national levels almost every day. Hauge is widely recognized as one of the most knowledgeable and effective small-business leaders in the country, and last year was named the National Small Business Association’s Advocate of the Year.

Hauge is a fourth-generation San Franciscan whose great-grandfather was in the Fire Department, fought the l906 fire, and later died fighting another San Francisco fire. His grandfather was a cable car grip. His parents met in the San Francisco Public Library. His father took over CAL Insurance in 1960, and Hauge came into the firm in the early l970s after an activist student life at Washington State University at Pullman. He wrote a thesis on Karl Marx, and was a leader in the student movement whose anti-Vietnam War protests closed down the university two years in a row.

Hauge became politically active in San Francisco shortly after he joined CAL Insurance. He was a major force in the battle in the mid-l980s to establish a Small Business Commission, the first in the country, and served as its first commissioner.

He has introduced government legislation on behalf of small business in San Francisco, Sacramento, and Washington, DC. He is currently a member of more than 20 boards and commissions in San Francisco and California.

He founded Small Business Advocates, a local advocacy group, and Small Business California, a statewide advocacy group, and was a leading advocate during last year’s successful campaign for a Small Business Advisory Center, a City Hall agency helping small businesses with permits and navigating the city’s bureaucracy.

A lot of City Hall progressives consider Hauge a conservative, but his Small Business California organization is considered the most liberal small business group in the state.

He’s a Democrat, and cornered Hillary Clinton early on in the presidential campaign and tried to get her to put small business issues on her agenda. So far, he reports, no luck.

Hauge likes to say his proudest activity is serving as vice chair of the Volunteers in Medicine program. The program has 6l clinics around the country that recruit retired physicians, nurses, and dentists as volunteers to provide health services to the working uninsured. Next stop: San Francisco.

Hauge maintains that San Francisco is the only city in the country that has the infrastructure — with the city’s Small Business Commission and the new assistance center — to really help small business.

"Now we just have to get City Hall to pay attention."

SCOTT HAUGE

CAL Insurance & Assoc., Inc

2311 Taraval, SF

(415) 680-2109

Peaker Plan moving forward

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Early Monday morning about a hundred citizens gathered in front of City Hall to protest the construction of two natural gas-burning “peaker” power plants in the city — one at the airport and one in the Bayview/Portero district. Representatives opposed to the plan, from a coalition of 20 different environmental and social justice organizations, articulated in so many ways that San Francisco should be moving toward green energy and away from fossil fuels.

Then the crowd, about 100 strong, filed inside to speak their minds about it at a Government Audit and Oversight Committee hearing — last stop for the plan before it heads to the full Board of Supervisors. But 10 hours later, only a handful of people were still in the room when the chance to speak was finally given.

The insanely long hearing had a loaded agenda, with topics ranging from funding the airport to defunding Edgewood foster care center, not to mention six separate bits of legislation related to the peaker power plants. The public comment requests were piled high and proceedings slammed to a halt during Item #5 when Stephanie Gates, a rep for Edgewood, fainted to the floor in the middle of her testimony about foster care in San Francisco.

It was well into the evening and most of the audience had left for home or work by the time talk finally turned to the peakers.

Tipping your waiter health coverage

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Here’s another example of a restaurant passing on the cost of Healthy San Francisco to its patrons. The lady and I had brunch at the Slow Club in the Mission on Saturday and this is our bill. Healthy San Francisco is the program created by Sup. Tom Ammiano to reach the more than 73,000 uninsured San Franciscans with a reasonably inexpensive form of health insurance.

The program is tied up in federal court right now because restaurants have sued arguing that it’s illegal for local governments to require employers to fund health insurance for their employees, which Healthy San Francisco does. About 19,000 San Franciscans had already signed up for the plan by last week and on Wednesday about 13,000 more were added as local businesses met a deadline for registering with the program.

Part of the idea is that without insuring more Americans, you and I pay for it each time someone who lacks coverage ends up making a costly emergency room visit at a public hospital with a preventable disease, illness or injury because they couldn’t access advance treatment, mental health assistance or any other type of care before they reached a tipping point. This program might actually prove that if the government extends coverage to more people who haven’t traditionally received it, we may all save money in the end.

For now, you’re stuck with the bill while the restaurant industry sues to ignore the true cost of our robust local economy.

What’s up with the restaurant surcharges?

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The last time I had lunch at the Slow Club, the check came with a little notice: $1 was added to the cost of every meal to cover the cost of complying with the city’s new health-care mandate. That was fine — if I can afford to eat at the Slow Club I can afford an extra buck so the people who work there can get health insurance.

But it’s interesting that the place didn’t just raise prices by $1 (which most people wouldn’t have noticed — restaurant prices go up all the time). They made a point of letting everyone know that the money was for a new government mandate. It was, in its own way, a political statement: Hey, sorry we have to charge you more, but the city is forcing us to do it.

That’s made some local activists a bit angry (there’s a fascinating little bit on it in the San Francisco Magazine blog — Sup. Tom Ammiano (who wrote the health-care bill) and labor leader Chriss Romero were eating at 2223 Restaurant on Market, and Romero got pissed off when the tab came with a four percent service charge that mentioned the insurance rule.

I get Romero’s point, and we supported the Ammiano legislation — and as someone who works at a small business that has always provided health insurance to employees and is still getting hit with some serious additional expenses to comply, I understand why the restaurants are trying to make a point about it.

And it’s absolutely true that restaurants never do this when other mandates, taxes, fees and expensive compliance rules take effect (you never see it for increases in the minimum wage, for example).

Mild statement or annoying protest? Thoughts?

User-generated censorship

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› annalee@techsploitation.com

TECHSPLOITATION There’s a new kind of censorship online, and it’s coming from the grassroots. Thanks to new, collaborative, social media networks, it’s easier than ever for people to get together and destroy freedom of expression. They’re going DIY from the bottom up — instead of the way old-school censors used to do it, from the top down. Call it user-generated censorship.

Now that anyone with access to a computer and a network connection can post almost anything they want online for free, it’s also increasingly the case that anyone with computer access and a few friends can remove anything they want online. And they do it using the same software tools.

Here’s how it works: let’s say you’re a community activist who has some pretty vehement opinions about your city government. You go to Blogger.com, which is owned by Google, and create a free blog called Why the Municipal Government in Crappy City Sucks. Of course, a bunch of people in Crappy City disagree with you — and maybe even hate you personally. So instead of making mean comments on your blog, they decide to shut it down.

At the top of your Blogger blog, there is a little button that says
"flag this blog." When somebody hits that button, it sends a message to Google that somebody thinks the content on your blog is "inappropriate" in some way. If you get enough flags, Google will shut down your blog. In theory, this button would only be used to flag illegal stuff or spam. But there’s nothing stopping your enemies in town from getting together an online posse to click the button a bunch of times. Eventually, your blog will be flagged enough times that Google will take action.

And this is where things get interesting. Google has the option of simply shutting down your access to the blog. They rarely do that, though, unless it’s a situation where your blog is full of illegal content, like copyright-infringing videos. Generally what Google does if you get a lot of flags is make your blog impossible to find. Nobody will be able to find it if they search Blogger or Google. The only people who will find it are people who already know about it and have the exact URL.

This is censorship, user-generated style. And it works because the only way to be seen in a giant network of user-generated content like Blogger (or MySpace, or Flickr, or any number of others) is to be searchable. If you want to get the word out about Crappy City online, you need for people searching Google for "Crappy City" to find your blog and learn about all the bad things going on there. What good is your free speech if nobody can find it?

Most sites that have user-generated content, like photo-sharing site Flickr and video-sharing site YouTube, use a system of flags similar to Blogger’s that allow users to censor each other. Sometimes you have to pick a good reason why you are flagging content — YouTube offers you a drop-down menu with about 20 choices — and sometimes you just flag it as "unsafe" or "inappropriate." Generally, most sites respond to flagging the same way: they make the flagged stuff unsearchable and unfindable.

Censorship isn’t working the old-fashioned way. Your videos and blogs aren’t being removed. They’re simply being hidden in the deluge of user-generated information. To be unsearchable on the Web is, in a very real sense, to be censored. But you’re not being censored by an authority from on high. You’re being censored by the mob.

That’s why I find myself rolling my eyes when I hear people getting excited about "the wisdom of crowds" and "crowdsourcing" and all that crap. Sure, crowds can be wise and they can get a lot of work done. But they also can also be destructive, cruel, and stupid. They can prevent work from being done as easily as they can make it easier. And just as the Web is making it easier for crowds to collaborate, the Web is also making it simple for mobs to crush free expression.

Annalee Newitz (annalee@techsploitaiton.com) is a surly media nerd whose blogs cannot be censored by the mob, even though she’s well aware that there are mobs who would certainly like to do it.

Endorsements

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>>Click here for the full-text version of this story

Wait, wasn’t the primary election back in February? Yes, it was — in a way. The California Legislature, in an effort to make the state more relevant (that turned out well, didn’t it?) moved the presidential primary several months earlier this year but left the rest of the primary races, and some key initiatives, for the June 3 ballot. There’s a lot at stake here: three contested Legislative races, two judicial races, a measure that could end rent control in California … vote early and often. Our endorsements follow.

National races

Congress, District 6

LYNN WOOLSEY


It’s an irony that the congressional representative from Marin and Sonoma counties is far to the left of the representative from San Francisco, but Lynn Woolsey’s politics put Nancy Pelosi to shame. Woolsey was against the Iraq war from the start and the first member of Congress to demand that the troops come home, and she continues to speak out on the issue. At the same time, she’s also a strong advocate for injured veterans.

Woolsey, who once upon a time (many years ago) was on welfare herself, hasn’t forgotten what it’s like to have trouble making ends meet. She’s a leading voice against cuts in social service spending and is now pushing a bill to increase food stamp benefits. She richly deserves reelection.

Congress, District 7

GEORGE MILLER


George Miller, who has represented this East Bay district since 1974, is an effective legislator and strong environmentalist. Sometimes he’s too willing to compromise — he worked with the George W. Bush administration on No Child Left Behind, a disaster of an education bill — but he’s a solid opponent of the war and we’ll endorse him for another term.

Congress, District 8

NO ENDORSEMENT


Cindy Sheehan, the antiwar activist, is moving forward with her campaign to challenge Nancy Pelosi as an independent candidate in November, and we wish her luck. For now, Pelosi, the Speaker of the House and one of the most powerful people in Washington, will easily win the Democratic primary.

But Pelosi long ago stopped representing her San Francisco district. She continues to support full funding for Bush’s war, refused to even consider impeachment (back when it might have made sense), refused to interact with war critics who camped out in front of her house … and still won’t acknowledge it was a mistake to privatize the Presidio. We can’t endorse her.

Congress, District 13

PETE STARK


You have to love Pete Stark. The older he gets, the more radical he sounds — and after 32 years representing this East Bay district, he shows no signs of slowing down. Stark is unwilling to be polite or accommodating about the Iraq war. In 2007 he announced on the floor of the House that the Republicans "don’t have money to fund the war or children. But you’re going to spend it to blow up innocent people if we can get enough kids to grow old enough for you to send to Iraq to get their heads blown off for the president’s amusement." He happily signed on to a measure to impeach Vice President Dick Cheney. He is the only member of Congress who proudly admits being an atheist. It’s hard to imagine how someone like Stark could get elected today. But we’re glad he’s around.

Nonpartisan offices

Superior Court, Seat 12

GERARDO SANDOVAL


There aren’t many former public defenders on the bench in California. For years, governors — both Democratic and Republican — have leaned toward prosecutors and civil lawyers from big downtown firms when they’ve made judicial appointments. So the San Francisco judiciary isn’t, generally speaking, as progressive or diverse as the city.

Sup. Gerardo Sandoval, who will be termed out this year, is looking to become a judge — and there’s no way this governor would ever appoint him. So he’s doing something that’s fairly rare, even in this town: he’s running for election against an incumbent.

We’re happy to see that. It’s heartening to see an actual judicial election. Judges are technically elected officials, but most incumbents retire in the middle of their terms, allowing the governor to appoint their replacements, and unless someone files to run against a sitting judge, his or her name doesn’t even appear on the ballot.

Sandoval is challenging Judge Thomas Mellon, a Republican who was appointed by Gov. Pete Wilson in 1994. He’s not known as a star on the bench: according to California Courts and Judges, a legal journal that profiles judges and includes interviews with lawyers who have appeared before them, Mellon has a reputation for being unreasonable and cantankerous. In 2000, the San Francisco Public Defenders Office sought to have him removed from all criminal cases because of what the defense lawyers saw as a bias against them and their clients.

Sandoval hasn’t been a perfect supervisor, and we’ve disagreed with him on a number of key issues. But he’s promised us to work for more openness in the courts (including open meetings on court administration), and we’ll give him our endorsement.

State races and propositions

State Senate, District 3

MARK LENO


It doesn’t get any tougher than this — two strong candidates, each with tremendous appeal and a few serious weaknesses. Two San Francisco progressives with distinguished records fighting for a powerful seat that could possibly be lost to a third candidate, a moderate from Marin County who would be terrible in the job. Two people we genuinely like, for very different reasons. It’s fair to say that this is one of the hardest decisions we’ve had to make in the 42-year history of the Guardian.

In the end, we’ve decided — with much enthusiasm and some reservations — to endorse Assemblymember Mark Leno.

We will start with the obvious: this race is the result of term limits. Leno, who has served in the state Assembly for six years, argues, convincingly, that he is challenging incumbent state Sen. Carole Migden because he feels she hasn’t been doing the job. But Leno also loves politics, has no desire to return to life outside the spotlight, and if he could have stayed in the Assembly, the odds that he would have taken on this ugly and difficult race are slim. And if Leno hadn’t opened the door and exposed Migden’s vulnerability, there’s no way former Assemblymember Joe Nation of Marin would have thrown his hat into the ring. We’ve always opposed term limits; we still do.

That said, we’ll hold a few truths to be self-evident: In a one-party town, the only way any incumbent is ever held accountable is through a primary challenge. Those challenges can be unpleasant, and some — including Migden and many of her allies — argue that they’re a waste of precious resources. If Migden wasn’t scrambling to hold onto her seat, she’d be spending her money and political capital trying to elect more Democrats to the state Legislature. But Leno had every right to take on Migden. And win or lose, he has done a laudable public service: it’s been years since we’ve seen Migden around town, talking to constituents, returning phone calls and pushing local issues the way she has in the past few months. And while there will be some anger and bitterness when this is over — and some friends and political allies have been at each other’s throats and will have to figure out how to put that behind them — on balance this has been good for San Francisco. Migden has done much good, much to be proud of, but she had also become somewhat imperious and arrogant, a politician who hadn’t faced a serious election in more than a decade. If this election serves as a reminder to every powerful Democratic legislator that no seat is truly safe (are you listening, Nancy Pelosi?), then the result of what now seems like a political bloodbath can be only positive.

The Third Senate District, a large geographic area that stretches from San Francisco north into Sonoma County, needs an effective, progressive legislator who can promote issues and programs in a body that is not known as a bastion of liberal thought.

Both Migden and Leno can make a strong case on that front. Leno, for example, managed to get passed and signed into law a bill that amends the notorious pro-landlord Ellis Act to protect seniors and disabled people from evictions. He got both houses of the Legislature to approve a marriage-equality bill — twice. During his tenure in the unpleasant job of chairing the Public Safety Committee, he managed to kill a long list of horrible right-wing bills and was one of the few legislators to take a stand against the foolish measure that barred registered sex offenders from living near a park or school. Migden helped pass the landmark community-aggregation bill that allows cities to take a big step toward public power. She’s also passed several key bills to regulate or ban toxic substances in consumer products.

Migden’s record isn’t all positive, though. For a time, she was the chair of the powerful Appropriations Committee — although she gave up that post in 2006, abandoning a job that was important to her district and constituents, to devote more time to campaigning for Steve Westly, a moderate candidate for governor. When we challenged her on that move, she showed her legendary temper, attacking at least one Guardian editor personally and refusing to address the issue at hand. Unfortunately, that isn’t unusual behavior.

Then there’s the matter of ethics and campaign finance laws. The Fair Political Practices Commission has fined Migden $350,000 — the largest penalty ever assessed against a state lawmaker — for 89 violations of campaign finance laws. We take that seriously; the Guardian has always strongly supported ethics and campaign-finance laws, and this level of disregard for the rules raises serious doubts for us about Migden’s credibility.

Sup. Chris Daly posted an open letter to us on his blog last week, and he made a strong pitch for Migden: "While there are only a few differences between Carole and Mark Leno on the issues," he wrote, "when it comes to San Francisco politics, the two are in warring political factions. Carole has used her position in Sacramento consistently to help progressive candidates and causes in San Francisco, while Leno is a kinder, gentler Gavin Newsom."

He’s absolutely right. On the local issues we care about, Migden has been with us far more than Leno. When the public power movement needed money and support in 2002, Migden was there for us. When the University of California and a private developer were trying to turn the old UC Extension campus into luxury housing, Migden was the one who helped Sup. Ross Mirkarimi demand more affordable units. Migden was the one who helped prevent a bad development plan on the Port. Migden stood with the progressives in denouncing Newsom’s budget — and Leno stood with the mayor.

The district supervisorial battles this fall will be crucial to the city’s future, and Migden has already endorsed Eric Mar, the best progressive candidate for District 1, and will almost certainly be with John Avalos, the leading progressive in District 11. Leno may well back a Newsom moderate. In fact, he’s made himself a part of what labor activist Robert Haaland aptly calls the "squishy center" in San Francisco, the realm of the weak, the fearful, and the downtown sycophants who refuse to promote progressive taxes, regulations, and budgets at City Hall. His allegiance to Newsom is truly disturbing.

There’s a war for the soul of San Francisco today, as there has been for many years, and Leno has often tried to straddle the battle lines, sometimes leaning a bit to the wrong camp — and never showing the courage to fight at home for the issues he talks about in Sacramento. We’ll stipulate to that — and the only reason we can put it aside for the purposes of this endorsement is that Leno has never really had much in the way of coattails. He supports the wrong candidates, but he doesn’t do much for them — and we sincerely hope it stays that way.

While Leno is too close to Newsom, we will note that Migden is far too close to Gap founder and Republican leader Don Fisher, one of the most evil players in local politics. She proudly pushed to put Fisher — who supports privatizing public schools — on the state Board of Education.

A prominent local progressive, who we won’t identify by name, called us several months ago to ask how were going to come down in this race, and when we confessed indecision, he said: "You know, I really want to support Carole. But she makes it so hard."

We find ourselves in a similar position. We really wanted to support Migden in this race. We’d prefer to see the state senator from San Francisco using her fundraising ability and influence to promote the candidates and causes we care about.

But Migden has serious political problems right now, baggage we can’t ignore — and it’s all of her own making. Migden says her problems with the Fair Political Practices Commission are little more than technical mistakes — but that’s nonsense. She’s played fast and loose with campaign money for years. When it comes to campaign finance laws, Migden has always acted as if she rules don’t apply to her. She’s treated FPPC fines as little more than a cost of doing business. This latest scandal isn’t an exception; it’s the rule.

Unfortunately, it’s left her in a position where she’s going to have a hard time winning. Today, the election looks like a two-person race between Leno and Nation. And the threat of Joe Nation winning this primary is too great for us to mess around.

Despite our criticism of both candidates, we would be happy with either in the state Senate. We’re taking a chance with Leno; he’s shown some movement toward the progressive camp, and he needs to continue that. If he wins, he will have a huge job to do bringing a fractured queer and progressive community back together — and the way to do that is not by simply going along with everything Newsom wants. Leno has to show some of the same courage at home he’s shown in Sacramento.

But right now, today, we’ve endorsing Mark Leno for state Senate.

State Senate, District 9

LONI HANCOCK


This is another of several tough calls, another creature of term limits that pit two accomplished and experienced termed-out progressive assembly members against each other for the senate seat of termed-out Don Perata. We’ve supported both Loni Hancock and Wilma Chan in the past, and we like both of them. In this one, on balance, we’re going with Hancock.

Hancock has a lifetime of experience in progressive politics. She was elected to the Berkeley City Council in 1971, served two terms as Berkeley mayor, worked as the US Department of Education’s western regional director under Bill Clinton, and has been in the State Assembly the past six years. On just about every progressive issue in the state, she’s been an activist and a leader. And at a time when the state is facing a devastating, crippling budget crisis that makes every other issue seem unimportant, Hancock seems to have a clear grasp of the problem and how to address it. She’s thought through the budget calculus and offers a range of new revenue measures and a program to change the rules for budget passage (two-thirds vote in the legislature is needed to pass any budget bill, which gives Republicans, all but one who has taken a Grover Norquist–inspired pledge never to raise taxes, an effective veto).

Chan, who represented Oakland in the assembly for six years, is a fighter: she’s taken on the insurance industry (by cosponsoring a major single-payer health insurance bill), the chemical industry (by pushing to ban toxic materials in furniture, toys, and plumbing fixtures), and the alcoholic-beverages lobby (by seeking taxes to pay for treatment for young alcoholics). She’s an advocate of sunshine, not just in government, where she’s calling for an earlier and more open budget process, but also in the private sector: a Chan bill sought to force health insurance companies to make public the figures on how often they decline claims.

But she seems to us to have less of a grasp of the budget crisis and the level of political organizing it will take to solve it. Right now, at a time of financial crisis, we’re going with Hancock’s experience and broader vision.

State Assembly, District 12

FIONA MA


We were dubious about Ma. She was a pretty bad supervisor, and when she first ran for Assembly two years ago, we endorsed her opponent. But Ma’s done some good things in Sacramento — she’s become one of the leading supporters of high-speed rail, and she’s working against state Sen. Leland Yee’s attempt to give away 60 acres of public land around the Cow Palace to a private developer. She has no primary opponent, and we’ll endorse her for another term.

State Assembly, District 13

TOM AMMIANO


This one’s easy. Ammiano, who has been a progressive stalwart on the Board of Supervisors for more than 15 years, is running with no opposition in the Democratic primary for state Assembly, and we’re proud to endorse his bid.

Although he’s certain to win, it’s worth taking a moment to recall the extent of Ammiano’s service to San Francisco and the progressive movement. He authored the city’s domestic partners law. He authored the living wage law. He created the universal health care program that Mayor Newsom is trying to take credit for. He sponsored the 2002 public-power measure that would have won if the election hadn’t been stolen. He created the Children’s Fund. He authored the Rainy Day Fund law that is now saving the public schools in San Francisco. And the list goes on and on.

Beyond his legislative accomplishments, Ammiano has been a leader — at times, the leader — of the city’s progressive movement and is at least in part responsible for the progressive majority now on the Board of Supervisors. In the bleak days before district elections, he was often the only supervisor who would carry progressive bills. His 1999 mayoral challenge to incumbent Willie Brown marked a tectonic shift in local politics, galvanizing the left and leading the way to the district-election victories that brought Aaron Peskin, Matt Gonzalez, Jake McGoldrick, Chris Daly, and Gerardo Sandoval to office in 2000.

It’s hard to imagine the San Francisco left without him.

Ammiano will do a fine job in Sacramento, and will continue to use his influence to push the progressive agenda back home.

State Assembly, District 14

KRISS WORTHINGTON


This is another tough one. The race to replace Loni Hancock, one of the most progressive and effective legislators in the state, has drawn two solid, experienced, and well-qualified candidates: Berkeley City Council member Kriss Worthington and former council member Nancy Skinner. We like Skinner, and she would make an excellent assemblymember. But all things considered, we’re going with Worthington.

Skinner was on the Berkeley council from 1984 to 1992 and was part of a progressive majority in the 1980s that redefined how the left could run a city. That council promoted some of the best tenant protection and rent control laws in history, created some of the best local environmental initiatives, and fought to build affordable housing and fund human services. Skinner was responsible for the first local law in the United States to ban Styrofoam containers — a measure that caused McDonald’s to change its food-packaging policies nationwide. She went on to found a nonprofit that helps cities establish sustainable environmental policies.

Skinner told us that California has "gutted our commitment to education," and she vowed to look for creative new ways to raise revenue to pay for better schools. She’s in touch with the best economic thinkers in Sacramento, has the endorsement of Hancock (and much of the rest of the East Bay Democratic Party establishment), and would hit the ground running in the legislature.

Worthington, Berkeley’s only openly gay council member, has been the voice and conscience of the city’s progressive community for the past decade. He’s also been one of the hardest-working politicians in the city — a recent study by a group of UC Berkeley students found that he had written more city council measures than anyone else currently on the council and had won approval for 98 percent of them.

Worthington has been the driving force for a more effective sunshine law in Berkeley, and has been unafraid to challenge the liberal mayor, Tom Bates, and other leading Democrats. His campaign slogan — "a Democrat with a backbone" — has infuriated some of the party hierarchy with its clear (and intended) implication that a lot of other Democrats lack a spine.

"All of the Democrats in the assembly voted for 50,000 more prison beds," he told us. "We needed a Barbara Lee [who cast Congress’ lone vote against George W. Bush’s first war resolution] to stand up and say, ‘this is wrong and I won’t go along.’"

That’s one of the things we like best about Worthington: on just about every issue and front, he’s willing to push the envelope and demand that other Democrats, even other progressive Democrats, stand up and be counted. Which is exactly what we expect from someone who represents one of the most progressive districts in the state.

It’s a close call, but on this one, we’re supporting Kriss Worthington.

State ballot measures

Proposition 98

Abolition of rent control

NO, NO, NO


Proposition 99

Eminent domain reforms

YES, YES, YES


There’s a little rhyme to help you remember which way to vote on this critical pair of ballot measures:

"We hate 98, but 99 is fine."

The issue here is eminent domain, which is making its perennial ballot appearance. Californians don’t like the idea of the government seizing their property and handing it over to private developers, and the most conservative right-wing forces in the state are trying to take advantage of that.

Think about this: if Prop. 98 passes, there will be no more rent control in California. That means thousands of San Francisco tenants will lose their homes. Many could become homeless. Others will have to leave town. All the unlawful-evictions laws will be tossed out. So will virtually any land-use regulations, which is why all the environmental groups also oppose Prop. 98.

In fact, everyone except the Howard Jarvis anti-tax group hates this measure, including seniors, farmers, water districts, unions, and — believe it or not — the California Chamber of Commerce.

Prop. 99, on the other hand, is an unapologetic poison-pill measure that’s been put on the ballot for two reasons: to fix the eminent domain law once and for all, and kill Prop. 98 if it passes. It’s simply worded and goes to the heart of the problem by preventing government agencies from seizing residential property to turn over to private developers. If it passes, the state will finally get beyond the bad guys using the cloak of eminent domain to destroy all the provisions protecting people and the environment.

If anyone has any doubts about the motivation here, take a look at the money: the $3 million to support Prop. 98 came almost entirely from landlords.

This is the single most important issue on the ballot. Remember: no on 98, yes on 99.

San Francisco measures

Proposition A

School parcel tax

YES, YES, YES


Every year, hundreds of excellent teachers leave the San Francisco Unified School District. Some retire after a career in the classroom, but too many others — young teachers with three to five years of experience — bail because they decide they can’t make enough money. San Francisco pays less than public school districts in San Mateo and Marin counties and far less than private and charter schools. And given the high cost of living in the city, a lot of qualified people never even consider teaching as a profession. That harms the public school system and the 58,000 students who rely on it.

It’s a statewide problem, even a national one — but San Francisco, with a remarkable civic unity, is moving to do something about it. Proposition A would place an annual tax on every parcel of land in the city; the typical homeowner would pay less than $200 a year. The money would go directly to increasing pay — mostly starting pay — for teachers. The proposition, which has the support of almost everyone in town except the Republican Party, is properly targeted toward the newer teachers, with the goal of keeping the best teachers on the job past that critical three to five years.

Parcel taxes aren’t perfect; they force homeowners and small businesses to pay the same rate as huge commercial property owners. The way land is divided in the city most big downtown properties sit on at least five, and sometimes as many as 10 or 20 parcels, so the bill will be larger for them. But it’s still nowhere near proportionate.

Still, Prop. 13 has made it almost impossible to raise ad valorum property taxes (based on a property’s assessed value) in the state, and communities all around the Bay are using parcel taxes as a reasonable if imperfect substitute.

There’s a strong campaign for Prop. A and not much in the way of organized opposition, but the measure still needs a two-thirds vote. So for the sake of public education in San Francisco, it’s critical to vote yes.

Proposition B

City retiree benefits change

YES


San Francisco has always offered generous health and retirement benefits to its employees. That’s a good thing. But in this unfortunate era, when federal money is getting sucked into Iraq, state money is going down the giant deficit rat hole, and nobody is willing to raise taxes, the bill for San Francisco’s expensive employee benefit programs is now looking to create a fiscal crisis at City Hall. Officials estimate the payout for current and past employees could total $4 billion over the next 30 years.

So Sup. Sean Elsbernd and his colleagues on the Board of Supervisors have engineered this smart compromise measure in a way that saves the city money over the long run and has the support of labor unions (largely because it includes an increase in the pensions for longtime employees, partially offset by a one-year wage freeze starting in 2009) while still offering reasonable retirements benefits for new employees.

Previously, city employees who worked just five years could get taxpayer-paid health benefits for life. Under this measure, it will take 20 years to get fully paid health benefits, with partially paid benefits after 10 years.

It’s rare to find an issue that has the support of virtually everyone, from the supervisors and the mayor to labor. Prop. B makes sense. Vote yes.

Proposition C

Benefit denials for convicts

NO


On the surface, it’s hard to argue against Prop. C, a measure promoted as a way to keep crooks from collecting city retirement benefits. Sup. Sean Elsbernd’s ballot measure would update an ordinance that’s been on the books in San Francisco for years, one that strips public employees found guilty of "crimes of moral turpitude" against the city of their pensions. A recent court case involving a worker who stole from the city raised doubt about whether that law also applied to disability pay, and Prop. C would clear up that possible loophole.

But there are drawbacks this measure.

For starters, the problem isn’t that big: cases of rejected retirement benefits for city workers are rare. And the law still uses that questionable phrase "moral turpitude" — poorly defined in state law, never clearly defined in this measure, and as any older gay person can tell you, in the past applied to conduct that has nothing to do with honesty. The US State Department considers "bastardy," "lewdness," "mailing an obscene letter" and "desertion from the armed forces," among other things, to be crimes of moral turpitude.

Besides, Prop. C would apply not only to felonies but to misdemeanors. Cutting off disability pay for life over a misdemeanor offense seems awfully harsh.

The law that Elsbernd wants to expand ought to be rethought and reconfigured for the modern era. So vote no on C.

Proposition D

Appointments to city commissions

YES


Prop. D is a policy statement urging the mayor and the supervisors to appoint more women, minorities, and people with disabilities to city boards and commissions. It follows a study by the Commission on the Status of Women that such individuals are underrepresented on the policy bodies that run many city operations.

Despite the overblown concerns raised by local Republicans in the ballot arguments, this advisory measure would do nothing to interfere with qualified white males — or anyone else — getting slots on commissions.

Vote yes.

Proposition E

Board approval of San Francisco Public Utilities Commission appointees

YES


"The last thing we need is more politics at the San Francisco Public Utilities Commission," was the first line in Mayor Gavin Newsom’s ballot argument against Prop. E. That’s ironic: it was Newsom’s recent political power play — including the unexplained ousting of SFPUC General Manager Susan Leal and the partially successful effort to reappoint his political allies to this important body — that prompted this long overdue reform.

The SFPUC is arguably the most powerful and important of the city commissions, controlling all the vital resources city residents need: water, power, and waste disposal chief among them. Yet with the mayor controlling all appointments to the commission (it takes a two-thirds vote of the Board of Supervisors to challenge an appointment), that panel has long been stacked with worthless political hacks. As a result, the panel never pursued progressive approaches to conservation, environmental justice, public power, or aggressive development of renewable power sources.

Prop. E attempts to break that political stranglehold by requiring majority confirmation by the Board of Supervisors for all SFPUC appointments. It also mandates that appointees have some experience or expertise in matters important to the SFPUC.

If anything, this reform is too mild: we would have preferred that the board have the authority to name some of the commissioners. But that seemed unlikely to pass, so the board settled for a modest attempt to bring some oversight to the powerful panel.

Vote yes on Prop. E — because the last thing we need is more politics at the SFPUC.

Proposition F

Hunters Point-Bayview redevelopment

YES


Proposition G

NO


On the face of it, Proposition G sounds like a great way to restart the long-idle economic engine of the Bayview and clean up the heavily polluted Hunters Point Shipyard.

Who could be against a plan that promises up to 10,000 new homes, 300 acres of new parks, 8,000 permanent jobs, a green tech research park, a new 49ers stadium, a permanent home for shipyard artists, and a rebuild of Alice Griffith housing project?

The problem with Prop. G is that its promises are, for the most part, just that: promises — which could well shift at any time, driven by the bottom line of Lennar Corp., a financially stressed, out-of-state developer that has already broken trust with the Bayview’s low-income and predominantly African American community.

Lennar has yet to settle with the Bay Area air quality district over failures to control asbestos dust at a 1,500-unit condo complex on the shipyard, where for months the developer kicked up clouds of unmonitored toxic asbestos dust next to a K-12 school.

So, the idea of giving this corporation more land — including control of the cleanup of a federal Superfund site — as part of a plan that also allows it to construct a bridge over a slough restoration project doesn’t sit well with community and environmental groups. And Prop. G’s promise to build "as many as 25 percent affordable" housing units doesn’t impress affordable housing activists.

What Prop. G really means is that Lennar, which has already reneged on promises to create much-needed rental units at the shipyard, now plans to build at least 75 percent of its housing on this 770-acre waterfront swathe as luxury condos.

And with the subprime mortgage crisis continuing to roil the nation, there is a real fear that Prop. G’s final "affordability" percentage will be set by Lennar’s profit margins and not the demographics of the Bayview, home to the city’s last major African American community and many low-income people of color.

There’s more: The nice green space that you see in the slick Lennar campaign fliers is toxic and may not be fully cleaned up. Under the plan, Lennar would put condo towers on what is now state parkland, and in exchange the city would get some open space with artificial turf on top that would be used for parking during football games. Assuming, that is, that a deal to build a new stadium for the 49ers — which is part of all of this — ever comes to pass.

In fact, the lion’s share of a recent $82 million federal funding allocation will be dedicated to cleaning up the 27-acre footprint proposed for a new stadium. In some places, the city is planning to cap contaminated areas, rather than excavate and remove toxins from the site.

If the environmental justice and gentrification questions swirling around Prop. G weren’t enough, there remains Prop. G’s claim that it will create 8,000 permanent jobs once the project is completed. There’s no doubt that the construction of 10,000 mostly luxury homes will create temporary construction jobs, but it’s not clear what kind of jobs the resulting gentrified neighborhood will provide and for whom.

But one thing is clear: the $1 million that Lennar has already plunked down to influence this election has overwhelmingly gone to line the pockets of the city’s already highly paid political elite, and not the people who grew up and still live in the Bayview.

But there’s an alternative.

Launched as a last-ditch effort to prevent wholesale gentrification of the Bayview, Proposition F requires that 50 percent of the housing in the BVHP/Candlestick Point project be affordable to those making less than the median area income ($68,000 for a family of four).

That’s a reasonable mandate, considering that the city’s own general plan calls for two-thirds of all new housing to be sold or rented at below-market rates.

And if the new housing is built along Lennar’s plans, it will be impossible to avoid large-scale gentrification and displacement in a neighborhood that has the highest percentage of African Americans in the city, the third highest population of children, and burgeoning Latino and Asian immigrant populations.

Lennar is balking at that level, saying a 50-percent affordability mandate would make the project financially unfeasible. But if Lennar can’t afford to develop this area at levels affordable to the community that lives in and around the area, the city should scrap this redevelopment plan, send this developer packing, and start over again.

San Francisco has an affordable housing crisis, and we continue to doubt whether the city needs any more million-dollar condos — and we certainly don’t need them in a redevelopment area in the southeast. Remember: this is 700 acres of prime waterfront property that Lennar will be getting for free. The deal on the table just isn’t good enough.

Vote yes on F and no on G.

Proposition H

Campaign committees

NO


This one sounds just fine. Promoted by Mayor Gavin Newsom, Proposition H is supposedly aimed at ensuring that elected officials don’t solicit money from city contractors for campaigns they are sponsoring. But it lacks a crucial legal definition — and that turns what ought to be a worthy measure into little more than an attack on Newsom’s foes on the Board of Supervisors.

The key element is something called a "controlled committee." It’s already illegal for city contractors to give directly to candidates who might later vote on their contracts. Prop. H would extend that ban to committees, typically run for or against ballot measures, that are under the control of an individual politician.

Take this one, for example. Since Newsom put this on the ballot, and will be campaigning for it, the Yes on H campaign is under his control — he would be barred from collecting cash from city contractors, right? Well, no.

See, the measure doesn’t define what "controlled committee" means. So a group of Newsom’s allies could set up a Yes on H fund, raise big money from city contractors, then simply say that Newsom wasn’t officially aware of it or involved in its operation.

When Newsom first ran for mayor, the committee supporting his signature initiative — Care Not Cash — raised a fortune, and the money directly helped his election. But that wasn’t legally a "controlled committee" — because Newsom never signed the documents saying he was in control.

Prop. H does nothing to change that rule, which means it would only affect campaign committees that a politician admits to controlling. And guess what? Newsom almost never admits that, while the supervisors, particularly board president Aaron Peskin, are a bit more honest.

When Newsom wants to clearly define "controlled committee" — in a way that would have brought the Care Not Cash effort under the law — we’ll go along with it. For now, though, vote no on H.

San Francisco Democratic County Central Committee

The DCCC is the policy-making and operating arm of the local Democratic Party, and it has a lot of influence: the party can endorse in nonpartisan elections — for San Francisco supervisor, for example — and its nod gives candidates credibility and money. There’s been a struggle between the progressives and the moderates for years — and this time around, there’s a serious, concerted effort for a progressive slate. The Hope Slate, which we endorse in its entirety, has the potential to turn the San Francisco Democratic Party into a leading voice for progressive values.

There are other good candidates running, but since this group will have consistent support and is running as a slate, we’re going with the full crew.

13th Assembly District

Bill Barnes, David Campos, David Chiu, Chris Daly, Michael Goldstein, Robert Haaland, Joe Julian, Rafael Mandelman, Aaron Peskin, Eric Quezada, Laura Spanjian, Debra Walker

12th Assembly District

Michael Bornstein, Emily Drennen, Hene Kelly, Eric Mar, Jake McGoldrick, Trevor McNeil, Jane Morrison, Melanie Nutter, Connie O’Connor, Giselle Quezada, Arlo Hale Smith

Alameda County races

Superior Court judge, Seat 21

VICTORIA KOLAKOWSKI


There are two good candidates running for this open seat. Dennis Hayashi, a public-interest lawyer, would make a fine judge. Victoria Kolakowski would make history.

Kolakowski, who works as an administrative law judge for the California Public Utilities Commission, would be the first transgender person on the Alameda bench and, quite possibly, in the entire country. That would be a major breakthrough and important for more than just symbolic reasons: transpeople have extensive interactions with the judicial system, starting with the work to legally change their names; and, all too often, members of this marginalized community wind up in the criminal justice system. Having a sitting TG judge would go a long way toward educating the legal world about the importance of trans sensitivity.

Kolakowski is eminently qualified for the job: as a private intellectual property lawyer and later an ALJ at the CPUC, she’s handled a range of complex legal issues. She currently oversees administrative hearings that are very similar to court proceedings, and she has a calm and fair judicial temperament.

That’s not to denigrate Hayashi, who also has an impressive résumé. He’s spend much of his life in public-interest law, working for many years with the Asian Law Caucus, and he was co-counsel in the historic case that challenged Fred Korematsu’s conviction for refusing to report to a Japanese internment camp during World War II. He’s run the state’s Department of Fair Employment and Housing and was a civil rights lawyer in the Clinton administration.

We’d be happy to see either on the bench, but we’re going to endorse Kolakowski.

Board of Supervisors, District 5

KEITH CARSON


Keith Carson, the leading progressive on the board, has no real opposition this time around. He’s been a voice for protecting the fragile social safety net of the county, and we’re happy to endorse him for another term.

Oakland races

City Attorney

JOHN RUSSO


John Russo, who has made no secrets of his political ambition, failed in a bid to win the State Assembly seat for District 16 in 2006, and now he’s running unopposed for reelection. Russo has voiced some pretty ridiculous sentiments: he told a magazine for landlords in May 2006 that he opposed all forms of rent control and was against laws requiring just cause for evictions. That’s a horrible stand for a city attorney to take in a city with a huge population of renters. But Russo is smart and capable, and he’s one of the few city attorneys who consistently supports sunshine laws. We’ll endorse him for another term.

City Council, District 1

JANE BRUNNER


An attorney and former teacher, Jane Brunner spends a lot of time pushing for more cops; crime is the top issue in the North Oakland district she represents. And while we’d rather see anticrime approaches that go beyond hiring more officers, we appreciate that Brunner takes on the police department over its hiring failures. We also find her far more preferable on the issue than her opponent, Patrick McCullough, a longtime neighborhood activist who has become something of a celebrity since he shot a teenager who was hassling him in front of his house in 2005.

Brunner is one of the council’s strongest affordable housing advocates and has worked tirelessly for an inclusionary housing law. She deserves reelection.

City Council, District 3

NANCY NADEL


Nadel is hardworking, effective, a leader on progressive economic and planning issues, and one of the best members of the Oakland City Council. She asked the hard questions and demanded improvements in the giant Oak to Ninth project (although she wound up voting for it). She’s pushing for better community policing and promoting community-based anticrime efforts, including a teen center in a part of her district where there have been several homicides. She was a principal architect of the West Oakland industrial zoning plan, which she hopes will attract new jobs to the community (although she also pissed off a few artists who fear they’ll be evicted from living spaces that aren’t up to code, and she needs to address the problem). We’re happy to endorse her for another term.

City Council, District 5

MARIO JUAREZ


Somebody has to try to oust Ignacio De La Fuente, and this time around, Juarez is the best bet. A small-businessperson (he runs a real-estate operation with around 60 employees), he has some surprisingly progressive positions: he not only supports inclusionary housing but told us that he wanted to see the percentage of affordable units increased from 15 to 25 percent. He wants to see community policing integrated fully into Oakland law enforcement. He suggested that Oakland look into putting a modest fee on all airport users to fund local education. And he’s in favor of stronger eviction controls and tenant protections.

De La Fuente, the City Council president, has been the developers’ best friend, has run meetings with a harsh hand, often cutting off debate and silencing community activists, and needs to be defeated. We know Juarez isn’t perfect, but his progressive grassroots-based campaign was strong enough to get him the nod of both the Democratic Party and the Alameda County Greens. We’ll endorse him, too.

City Council, District 7

CLIFFORD GILMORE


Neither of the candidates in this race are terribly impressive, but incumbent Larry Reid has been so terrible on so many issues (supporting big-box development, inviting the Marines to do war games in Oakland, supporting condo conversions, etc.) that it’s hard to imagine how Clifford Gilmore, director of the Oakland Coalition of Congregations, could be worse.

City Council, at large

REBECCA KAPLAN


Rebecca Kaplan is exactly what the Oakland City Council needs: an energetic progressive with the practical skills to get things done. As an AC Transit Board member, she pushed for free bus passes for low income youths — and defying all odds, managed to get all-night transit service from San Francisco to the East Bay. She did it by refusing to accept the conventional wisdom that transit agencies on the two sides of the bay would never cooperate. She put the key players together in a meeting, convinced the San Francisco supervisors to allow AC Transit buses to pick up passengers in the city late at night, and put through an effective program to get people across the bay after BART shuts down.

Kaplan is running for City Council on a progressive platform calling for affordable housing, rational development, and community policing. Her latest idea: since Oakland has so much trouble attracting quality candidates for vacancies in its police department, she suggests the city recruit gay and lesbian military veterans who were kicked out under the Pentagon’s homophobic policies. Her proposed slogan: "Uncle Sam doesn’t want you, but Oakland does."

Vote for Rebecca Kaplan.

School Board, District 1

JODY LONDON


The Oakland schools are still stuck under a state administrator; the district, which was driven by mismanagement into a financial crisis several years ago, paid the price of a state bailout by giving up its independence. The school board has only limited authority of district operations, though that’s slowly changing. The state allowed the board to hire an interim superintendent, meaning issues like curricula and programs will be back under local control. So it’s a time of transition for a district that has had horrible problems, and the board needs experienced, level-headed leadership.

We’re impressed with Jody London, a parent with children in the public schools who runs a small environmental consulting firm. She has been active in the district, co-chairing the 2006 bond campaign that raised $435 million and serving on the bond oversight committee. She has a grasp of fiscal management, understands the challenges the district faces, and has the energy to take them on.

Her main opposition is Brian Rogers, a Republican who has the backing of outgoing state senator Don Perata and is a big fan of private charter schools. Tennessee Reed, a young writer and editor, is also in the race, and we’re glad to see her getting active. But on balance, London is the clear choice.

School Board, District 3

OLUBEMIGA OLUWOLE, SR.


Not a great choice here — we’re not thrilled with either of the two contenders. Jumoke Hinton Hodge, a nonprofit consultant, is too willing to support charter schools. Oluwole, who works with parolees, has limited experience with education. But on the basis of his community background (he’s on the board of the Oakland Community Organization) and our concern about Hodge and charter schools, we’ll go with Oluwole.

School Board, District 5

NOEL GALLO


Noel Gallo, the incumbent, is running unopposed. He’s been a competent member of the board, and we see no reason not to support his reelection.

School Board, District 7

ALICE SPEARMAN


Alice Spearman, the incumbent, isn’t the most inspiring member of the board — and she’s known for making some ill-considered and impolitic statements. But her main opponent, Doris Limbrick, is the principal of a Christian school and has no business running for the board of a public school district. So we’ll go with Spearman again.

Alameda County measures

Measure F

Utility users tax

YES


Measure F extends and slightly increases the utility tax on unincorporated areas of the county. It’s not the greatest tax, but it’s not terrible — and it provides essential revenue to pay for services like law enforcement, libraries, and code enforcement. The parts of Alameda County outside any city boundary have been dwindling as cities expand, but the county provides the only local government services in those areas. And, like every other county in California, Alameda is desperately short of cash. So Measure F is crucial. Vote yes.

Oakland Measure J

Telephone-user tax

YES


Measure J would update a 40-year-old tax on phone use that goes for local services. The tax law applies only to old-fashioned land lines, so cell phone users get away without paying. This isn’t the world’s most progressive tax, but Oakland needs the money and Measure J would more fairly share the burden. Vote yes.

Pelosi and the moth spraying

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Correction: Rep. Sam Farr has raised questions about the moth, but has not at this time introduced legislation to de-list it.

EDITORIAL A Santa Cruz County judge has put a temporary halt to the state’s plan to spray chemicals from the air over Bay Area cities in an ill-conceived effort to eradicate the Light Brown Apple Moth. Gov. Arnold Schwarzenegger agreed to hold off on the spraying until further studies are done on the environmental and health issues.

But the proposal to dump tons of an artificial pheromone called Checkmate over urban areas with millions of residents this summer is not dead: the governor still insists that some sort of eradication plan is needed, and California Food and Agriculture Secretary A.G. Kawamura is warning lawmakers that billions of dollars are at stake.

But the entire issue could be obviated with congressional action, and Rep. Nancy Pelosi needs to take the lead.

Checkmate disrupts the mating cycle of the moth. Nobody knows for sure what effects it will have on humans, but the Checkmate containers have strict warning labels about health hazards. And the stuff will be contained in tiny plastic capsules designed to release it over weeks, or even months. The capsules themselves can be inhaled, possibly causing respiratory problems. There’s no doubt this is a danger, particularly for children.

The legal and political issues are complicated, but it appears that there are only two effective ways to halt the spraying at this point. Either the Santa Cruz legal ruling has to hold up on appeal (tricky, since the governor can declare an emergency and override environmental law), or the federal government has to change the way it looks at the moth.

The moth is a threat to agriculture — but almost certainly not as serious a threat as state and federal authorities claim. Schwarzenegger says the tiny insect, which likes to lay its eggs in a wide variety of plants, will devastate the state’s agricultural industry. But many entomologists say the bug has probably been in the Bay Area for years, and that the state’s crops have not suffered. In fact, in other places where the moth is established (Australia and New Zealand, for example), its impacts have been fairly mild.

The problem is that the feds have listed the moth as a major agricultural hazard. Under international treaties, produce from areas where the bug is established can’t be exported. There’s a simple way to solve this: Congress can de-list the Light Brown Apple Moth. Rep. Sam Farr (D–Monterey) has introduced a bill to do that. But time is short.

Pelosi, however, has the ability as speaker to push this to the top of the agenda and get a bill passed quickly. Mayor Gavin Newsom and the supervisors should call on her to do that — now.

Meanwhile, Oakland is preparing its own legal action. San Francisco City Attorney Dennis Herrera and other Bay Area city attorneys should be doing the same.

The nightmare pastors

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I’m sorry to see Barack Obama’s campaign in so much trouble over the latest comments of Rev. Wright, but you have to admit: This is a great argument for the separation of church and state.

Religious figures say all kinds of strange things — and frankly, while I (obviously) don’t agree with Wright that AIDS is a government plot, it’s pretty well established that the Reagan administration’s failure to respond to the epidemic in the crucial early years was, if not a government plot to kill anyone, certainly a government plot not to save the lives of gay men.

But here’s the question: Why so much media attention on Obama’s religious albatross — and so little on John McCain’s? McCain, lest we forget, is pals with Paston John Hagee, who believes, among other things, that the Catholic Church is a “great whore,” that “all Muslims have a mandate to kill Christians and Jews,” that God wants us to bomb Iran — and that God damns the United States because of gays, Catholics and Muslims.

Me, I’d rather have a guy who rails against the U.S. for racism and imperialism than a guy who says God hates gays. But then, I don’t go to church.

Let’s stop Murdoch

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By Bruce B. Brugmann

More on the kind of media news the mainstream media conglomerates censor as a matter of policy: news involving the conglomerates and how they seek major concessions from the government:

This morning, the Senate Commerce unanimously approved a “resolution of disapproval” as the first major step toward an official congressional “veto” of the Federal Communication’s new rules that gut media limits.

Here’s the call to action from the freepress action fund, a national non partisan organization working to reform the media.

Big Senate Win Today: Let’s Stop Murdoch