Government

A theocratic democracy?

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lit@sfbg.com
My old friend Reese Erlich is remarkably optimistic about Iran, which is a pleasant perspective. I’m glad somebody is.
In his insightful, if sometimes choppy, new book, The Iran Agenda: The Real Story of U.S. Policy and the Middle East Crisis, he offers an alternative view of a nation and a culture that has been either ignored or demonized by the mainstream press for more than 30 years. His basic thesis — that US policy toward Tehran is moronic, driven by foolish politics, bad information, and greedy geopolitical aims — is hard to dispute. His subtext — that there’s real hope for democracy in Iran — is a bit of a tougher sell.
Erlich has done what few US journalists ever do: he’s visited Iran, repeatedly, and taken the time to meet not just with government officials and activists but with ordinary Iranians. Almost across the board, they condemn the United States and support the Islamic state.
We’re presented with “liberal” politicians — which might be a bit of a stretch — and radical activists, including Marxists, who offer a vision of a democratic Iran. Me, I’m dubious about any hope for theocratic democracy; as a proud atheist, I think that separation of church and state — strict, inviolable separation — is essential for any functioning democracy.
But Erlich’s willing to give other cultures and ways of thinking a break, which is one of the main reasons he’s such a good reporter. And in The Iran Agenda he presents a picture of a nation far more complex than the caricatures we’ve seen depicted by the administration and the evening news.
That’s the real value of this book: you get a sense from a veteran journalist of what you’ve been missing all these years. Erlich tries to sort out the ethnic geopolitics of Iran and explain which groups are aligned with whom (and why the United States supports some of them). It’s all somewhat dizzying, but that’s part of the point. This situation is more complicated than most American opinion makers are willing to admit.
And for all that, it’s a good read.
THE IRAN AGENDA: THE REAL STORY OF U.S. POLICY AND THE MIDDLE EAST CRISIS
By Reese Erlich
PoliPoint Press
192 pages, paper
$14.95
READINGS
Sat/22, 2:30 p.m., free
City College of San Francisco, Mission Campus, Auditorium (Room 109)
1125 Valencia, SF
Sat/29, 7 p.m., free
Book Passage
51 Tamal Vista Blvd., Corte Madera
(415) 927-0960
www.bookpassage.com
For information on more Bay Area events, go to www.p3books.com.

Our three-point plan to save San Francisco

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› news@sfbg.com

Curtis Aaron leaves his house at 9 a.m. and drives to work as a recreation center director for the San Francisco Recreation and Park Department. He tries to leave enough time for the trip; he’s expected on the job at noon.

Aaron lives in Stockton. He moved there with his wife and two kids three years ago because “there was no way I could buy a place in San Francisco, not even close.” His commute takes three hours one way when traffic is bad. He drives by himself in a Honda Accord and spends $400 a month on gas.

Peter works for the city as a programmer and lives in Suisun City, where he moved to buy a house and start a family. Born and raised in San Francisco, he is now single again, with grown-up children and a commute that takes a little more than an hour on a good day.

“I’d love to move back. I love city life, but I want to be a homeowner, and I can’t afford that in the city,” Peter, who asked us not to use his last name, explained. “I work two blocks from where I grew up and my mom’s place, which she sold 20 years ago. Her house is nothing fancy, but it’s going for $1.2 million. There’s no way in hell I could buy that.”

Aaron and Peter aren’t paupers; they have good, unionized city jobs. They’re people who by any normal standard would be considered middle-class — except that they simply can’t afford to live in the city where they work. So they drive long distances every day, burning fossil fuels and wasting thousands of productive hours each year.

Their stories are hardly unique or new; they represent part of the core of the city’s most pressing problem: a lack of affordable housing.

Just about everyone on all sides of the political debate agrees that people like Aaron and Peter ought to be able to live in San Francisco. Keeping people who work here close to their jobs is good for the environment, good for the community, and good for the workers.

“A lack of affordable housing is one of the city’s greatest challenges,” Mayor Gavin Newsom acknowledged in his 2007–08 draft budget.

The mayor’s answer — which at times has the support of environmentalists — is in part to allow private developers to build dense, high-rise condominiums, sold at whatever price the market will bear, with a small percentage set aside for people who are slightly less well-off.

The idea is that downtown housing will appeal to people who work in town, keeping them out of their cars and fighting sprawl. And it assumes that if enough market-rate housing is built, eventually the price will come down. In the meantime, demanding that developers make somewhere around 15 percent of their units available at below-market rates should help people like Aaron and Peter — as well as the people who make far less money, who can never buy even a moderately priced unit, and who are being displaced from this city at an alarming rate. And a modest amount of public money, combined with existing state and federal funding, will make affordable housing available to people at all income levels.

But the facts are clear: this strategy isn’t working — and it never will. If San Francisco has any hope of remaining a city with economic diversity, a city that has artists and writers and families and blue-collar workers and young people and students and so many of those who have made this one of the world’s great cities, we need to completely change how we approach the housing issue.

 

HOMELESS OR $100,000

The housing plans coming out of the Mayor’s Office right now are aimed primarily at two populations: the homeless people who have lost all of their discretionary income due to Newsom’s Care Not Cash initiative, and people earning in the neighborhood of $100,000 a year who can’t afford to buy homes. For some time now, the mayor has been diverting affordable-housing money to cover the unfunded costs of making Care Not Cash functional; at least that money is going to the truly needy.

Now Newsom’s housing director, Matt Franklin, is talking about what he recently told the Planning Commission is a “gaping hole” in the city’s housing market: condominiums that would allow people on the higher end of middle income to become homeowners.

At a hearing Sept. 17, Doug Shoemaker of the Mayor’s Office of Housing told a Board of Supervisors committee that the mayor wants to see more condos in the $400,000 to $600,000 range — which, according to figures presented by Service Employees International Union Local 1021, would be out of the reach of, say, a bus driver, a teacher, or a licensed vocational nurse.

Newsom has put $43 million in affordable-housing money into subsidies for new home buyers in the past year. The Planning Department is looking at the eastern neighborhoods as ground zero for a huge new boom in condos for people who, in government parlance, make between 120 and 150 percent of the region’s median income (which is about $90,000 a year for a family of four).

In total, the eastern neighborhoods proposal would allow about 7,500 to 10,000 new housing units to be added over the next 20 years. Downtown residential development at Rincon Hill and the Transbay Terminal is expected to add 10,000 units to the housing mix, and several thousand more units are planned for Visitacion Valley.

The way (somewhat) affordable housing will be built in the eastern part of town, the theory goes, is by creating incentives to get developers to build lower-cost housing. That means, for example, allowing increases in density — changing zoning codes to let buildings go higher, for example, or eliminating parking requirements to allow more units to be crammed into an available lot. The more units a developer can build on a piece of land, the theory goes, the cheaper those units can be.

But there’s absolutely no empirical evidence that this has ever worked or will ever work, and here’s why: the San Francisco housing market is unlike any other market for anything, anywhere. Demand is essentially insatiable, so there’s no competitive pressure to hold prices down.

“There’s this naive notion that if you reduce costs to the market-rate developers, you’ll reduce the costs of the unit,” Calvin Welch, an affordable-housing activist with more than three decades of experience in housing politics, told the Guardian. “But where has that ever happened?”

In other words, there’s nothing to keep those new condos at rates that even unionized city employees — much less service-industry workers, nonprofit employees, and those living on much lower incomes — can afford.

In the meantime, there’s very little discussion of the impact of increasing density in the nation’s second-densest city. Building housing for tens of thousands of new people means spending hundreds of millions of dollars on parks, recreation centers, schools, police stations, fire stations, and Muni lines for the new neighborhoods — and that’s not even on the Planning Department’s radar. Who’s going to pay for all that? Nothing — nothing — in what the mayor and the planners are discussing in development fees will come close to generating the kind of cash it will take to make the newly dense areas livable.

“The solution we are striving for has not been achieved,” said Chris Durazo, chair of the South of Market Community Action Network, an organizing group. “Should we be looking at the cost to developers to build affordable housing or the cost to the neighborhood to be healthy? We’re looking at the cumulative impacts of policy, ballot measures, and planning and saying it doesn’t add up.”

In fact, Shoemaker testified before the supervisors’ committee that the city is $1.14 billion short of the cash it needs to build the level of affordable housing and community amenities in the eastern neighborhoods that are necessary to meet the city’s own goals.

This is, to put it mildly, a gigantic problem.

 

THE REST OF US

Very little of what is on the mayor’s drawing board is rental housing — and even less is housing available for people whose incomes are well below the regional median, people who earn less than $60,000 a year. That’s a large percentage of San Franciscans.

The situation is dire. Last year the Mayor’s Office of Community Development reported that 16 percent of renters spend more than half of their income on housing costs. And a recent report from the National Low Income Housing Coalition notes that a minimum-wage earner would have to work 120 hours a week, 52 weeks a year, to afford the $1,551 rent on a two-bedroom apartment if they spent the recommended 30 percent of their income on housing.

Ted Gullickson of the San Francisco Tenants Union told us that Ellis Act evictions have decreased in the wake of 2006 Board of Supervisors legislation that bars landlords from converting their property from rentals to condos if they evict senior or disabled tenants.

But the condo market is so profitable that landlords are now offering to buy out their tenants — and are taking affordable, rent-controlled housing off the market at the rate of a couple of hundred units a month.

City studies also confirm that white San Franciscans earn more than twice as much as their Latino and African American counterparts. So it’s hardly surprising that the Bayview–Hunters Point African American community is worried that it will be displaced by the city’s massive redevelopment plan for that area. These fears were reinforced last year, when Lennar Corp., which is developing 1,500 new units at Hunters Point Shipyard, announced it will only build for-sale condos at the site rather than promised rental units. Very few African American residents of Bayview–Hunters Point will ever be able to buy those condos.

Tony Kelly of the Potrero Hill Boosters believes the industrial-zoned land in that area is the city’s last chance to address its affordable-housing crisis. “It’s the biggest single rezoning that the city has ever tried to do. It’s a really huge thing. But it’s also where a lot of development pressure is being put on the city, because the first sale on this land, once it’s rezoned, will be the most profitable.”

Land use attorney Sue Hestor sees the eastern neighborhoods as a test of San Francisco’s real political soul.

“There is no way it can meet housing goals unless a large chunk of land goes for affordable housing, or we’ll export all of our low-income workers,” Hestor said. “We’re not talking about people on welfare, but hotel workers, the tourist industry, even newspaper reporters.

“Is it environmentally sound to export all your workforce so that they face commute patterns that take up to three and four hours a day, then turn around and sell condos to people who commute to San Jose and Santa Clara?”

 

A THREE-POINT PLAN

It’s time to rethink — completely rethink — the way San Francisco addresses the housing crisis. That involves challenging some basic assumptions that have driven housing policy for years — and in some quarters of town, it’s starting to happen.

There are three elements of a new housing strategy emerging, not all from the same people or organizations. It’s still a bit amorphous, but in community meetings, public hearings, blog postings, and private discussions, a program is starting to take shape that might actually alter the political landscape and make it possible for people who aren’t millionaires to rent apartments and even buy homes in this town.

Some of these ideas are ours; most of them come from community leaders. We’ll do our best to give credit where it’s due, but there are dozens of activists who have been participating in these discussions, and what follows is an amalgam, a three-point plan for a new housing policy in San Francisco.

1. Preserve what we have. This is nothing new or terribly radical, but it’s a cornerstone of any effective policy. As Welch points out repeatedly, in a housing crisis the cheapest and most valuable affordable housing is the stuff that already exists.

Every time a landlord or real estate speculator tries to make a fast buck by evicting a tenant from a rent-controlled apartment and turning that apartment into a tenancy in common or a condo, the city’s affordable-housing stock diminishes. And it’s far cheaper to look for ways to prevent that eviction and that conversion than it is to build a new affordable-rental apartment to replace the one the city has lost.

The Tenants Union has been talking about this for years. Quintin Mecke, a community organizer who is running for mayor, is making it a key part of his platform: More city-funded eviction defense. More restrictions on what landlords can do with buildings emptied under the Ellis Act. And ultimately, a statewide strategy to get that law — which allows landlords to clear a building of tenants, then sell it as condos — repealed.

Preserving existing housing also means fighting the kind of displacement that happens when high-end condos are squeezed into low-income neighborhoods (which is happening more and more in the Mission, for example, with the recent approval of a market-rate project at 3400 César Chávez).

And — equally important — it means preserving land.

Part of the battle over the eastern neighborhoods is a struggle for limited parcels of undeveloped or underdeveloped real estate. The market-rate developers have their eyes (and in many cases, their claws) on dozens of sites — and every time one of them is turned over for million-dollar condos, it’s lost as a possible place to construct affordable housing (or to preserve blue-collar jobs).

“Areas that have been bombarded by condos are already lost — their industrial buildings and land are already gone,” Oscar Grande of People Organizing to Demand Environmental and Economic Rights told us.

So when activists (and some members of the Board of Supervisors) talk about slowing down or even stopping the construction of new market-rate housing in the eastern neighborhoods area, it’s not just about preventing the displacement of industry and blue-collar jobs; it’s also about saving existing, very limited, and very valuable space for future affordable housing.

And that means putting much of the eastern neighborhoods land off limits to market-rate housing of any kind.

The city can’t exactly use zoning laws to mandate low rents and low housing prices. But it can place such high demands on developers — for example, a requirement that any new market-rate housing include 50 percent very-low-income affordable units — that the builders of the million-dollar condos will walk away and leave the land for the kind of housing the city actually needs.

2. Find a new, reliable, consistent way to fund affordable housing. Just about everyone, including Newsom, supports the notion of inclusionary housing — that is, requiring developers to make a certain number of units available at lower-than-market rates. In San Francisco right now, that typically runs at around 15 percent, depending on the size of the project; some activists have argued that the number ought to go higher, up to 20 or even 25 percent.

But while inclusionary housing laws are a good thing as far as they go, there’s a fundamental flaw in the theory: if San Francisco is funding affordable housing by taking a small cut of what market-rate developers are building, the end result will be a city where the very rich far outnumber everyone else. Remember, if 15 percent of the units in a new luxury condo tower are going at something resembling an affordable rate, that means 85 percent aren’t — and ultimately, that leads to a population that’s 85 percent millionaire.

The other problem is how you measure and define affordable. That’s typically based on a percentage of the area’s median income — and since San Francisco is lumped in with San Mateo and Marin counties for income statistics, the median is pretty high. For a family of four in San Francisco today, city planning figures show, the median income is close to $90,000 a year.

And since many of these below-market-rate projects are priced to be affordable to people making 80 to 100 percent of the median income, the typical city employee or service-industry worker is left out.

In fact, much of the below-market-rate housing built as part of these projects isn’t exactly affordable to the San Franciscans most desperately in need of housing. Of 1,088 below-market-rate units built in the past few years in the city, Planning Department figures show, just 169 were available to people whose incomes were below half of the median (that is, below $45,000 a year for a family of four or $30,000 a year for a single person).

“A unit can be below market rate and still not affordable to 99 percent of San Franciscans,” Welch noted.

This approach clearly isn’t working.

So activists have been meeting during the past few months to hammer out a different approach, a way to sever affordable-housing funding from the construction of market-rate housing — and to ensure that there’s enough money in the pot to make an actual difference.

It’s a big number. “If we have a billion dollars for affordable housing over the next 15 years, we have a fighting chance,” Sup. Chris Daly told us. “But that’s the kind of money we have to talk about to make any real impact.”

In theory, the mayor and the supervisors can just allocate money from the General Fund for housing — but under Newsom, it’s not happening. In fact, the mayor cut $30 million of affordable-housing money this year.

The centerpiece of what Daly, cosponsoring Sup. Tom Ammiano, and the housing activists are talking about is a charter amendment that would earmark a portion of the city’s annual property-tax collections — somewhere around $30 million — for affordable housing. Most of that would go for what’s known as low- and very-low-income housing — units affordable to people who earn less than half of the median income. The measure would also require that current housing expenditures not be cut — to “lock in everything we’re doing now,” as Daly put it — so that that city would have a baseline of perhaps $60 million a year.

Since the federal government makes matching funds available for many affordable-housing projects, that money could be leveraged into more than $1 billion.

Of course, setting aside $30 million for affordable housing means less money for other city programs, so activists are also looking at ways to pay for it. One obvious option is to rewrite the city’s business-tax laws, replacing some or all of the current payroll tax money with a tax on gross receipts. That tax would exempt all companies with less than $2 million a year in revenue — the vast majority of the small businesses in town — and would be skewed to tax the bigger businesses at a higher rate.

Daly’s measure is likely headed for the November 2008 ballot.

The other funding option that’s being discussed in some circles — including the Mayor’s Office of Housing — is complicated but makes a tremendous amount of sense. Redevelopment agencies now have the legal right to sell revenue bonds and to collect income based on so-called tax increments — that is, the increased property-tax collections that come from a newly developed area. With a modest change in state law, the city should be able to do that too — to in effect capture the increased property taxes from new development in, say, the Mission and use that money entirely to build affordable housing in the neighborhood.

That, again, is a big pot of cash — potentially tens of millions of dollars a year. Assemblymember Mark Leno (D–San Francisco) told us he’s been researching the issue and is prepared to author state legislation if necessary to give the city the right to use tax-increment financing anywhere in town. “With a steady revenue stream, you can issue revenue bonds and get housing money up front,” he said.

That’s something redevelopment agencies can do, and it’s a powerful tool: revenue bonds don’t have to go to the voters and are an easy way to raise money for big projects — like an ambitious affordable-housing development program.

Somewhere, between all of these different approaches, the city needs to find a regular, steady source for a large sum of money to build housing for people who currently work in San Francisco. If we want a healthy, diverse, functioning city, it’s not a choice any more; it’s a mandate.

3. A Proposition M for housing. One of the most interesting and far-reaching ideas we’ve heard in the past year comes from Marc Salomon, a Green Party activist and policy wonk who has done extensive research into the local housing market. It may be the key to the city’s future.

In March, Salomon did something that the Planning Department should have done years ago: he took a list of all of the housing developments that had opened in the South of Market area in the past 10 years and compared it to the Department of Elections’ master voter files for 2002 and 2006. His conclusion: fully two-thirds of the people moving into the new housing were from out of town. The numbers, he said, “indicate that the city is pursuing the exact opposite priorities and policies of what the Housing Element of the General Plan calls for in planning for new residential construction.”

That confirms what we found more than a year earlier when we knocked on doors and interviewed residents of the new condo complexes (“A Streetcar Named Displacement,” 10/19/05). The people for whom San Francisco is building housing are overwhelmingly young, rich, white commuters who work in Silicon Valley. Or they’re older, rich empty nesters who are moving back to the city from the suburbs. They aren’t people who work in San Francisco, and they certainly aren’t representative of the diversity of the city’s population and workforce.

Welch calls it “socially psychotic” planning.

Twenty-five years ago, the city was doing equally psychotic planning for commercial development, allowing the construction of millions of square feet of high-rise office space that was overburdening city services, costing taxpayers a fortune, creating congestion, driving up residential rents, and turning downtown streets into dark corridors. Progressives put a measure on the November 1986 ballot — Proposition M — that turned the high-rise boom on its head: from then on, developers had to prove that their buildings would meet a real need in the city. It also set a strict cap on new development and forced project sponsors to compete in a “beauty contest” — and only the projects that offered something worthwhile to San Francisco could be approved.

That, Salomon argues, is exactly how the city needs to approach housing in 2007.

He’s been circuutf8g a proposal that would set clear priority policies for new housing. It starts with a finding that is entirely consistent with economic reality: “Housing prices [in San Francisco] cannot be lowered by expanding the supply of market-rate housing.”

It continues, “San Francisco values must guide housing policy. The vast majority of housing produced must be affordable to the vast majority of current residents. New housing must be economically compatible with the neighborhood. The most needy — homeless, very low income people, disabled people, people with AIDS, seniors, and families — must be prioritized in housing production. … [and] market-rate housing can be produced only as the required number of affordable units are produced.”

The proposal would limit the height of all new housing to about six stories and would “encourage limited-equity, permanently affordable homeownership opportunities.”

Salomon suggests that San Francisco limit the amount of new market-rate housing to 250,000 square feet a year — probably about 200 to 400 units — and that the developers “must produce aggressive, competitive community benefit packages that must be used by the Planning Commission as a beauty contest, with mandatory approval by the Board of Supervisors.” (You can read his entire proposal at www.sfbg.com/newpropm.doc.)

There are all kinds of details that need to be worked out, but at base this is a brilliant idea; it could be combined with the new financing plans to shift the production of housing away from the very rich and toward a mix that will preserve San Francisco as a city of artists, writers, working-class people, creative thinkers, and refugees from narrow-minded communities all over, people who want to live and work and make friends and make art and raise families and be part of a community that has always been one of a kind, a rare place in the world.

There is still a way to save San Francisco — but we’re running out of time. And we can’t afford to pursue moderate, incremental plans. This city needs a massive new effort to change the way housing is built, rented, and sold — and we have to start now, today.* To see what the Planning Department has in the pipeline, visit www.sfgov.org/site/planning_index.asp?id=58508. To see what is planned for the eastern neighborhoods, check out www.sfgov.org/site/planning_index.asp?id=67762.

Editor’s Notes

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› tredmond@sfbg.com

Allow me to postulate a few axioms that will help define the way we think about housing in San Francisco and put our cover story this week in context. Some of these laws are easily provable with existing data; the others, I admit, are loaded with political values. So be it.

Axiom number one: There are already too many rich people in San Francisco.

Socioeconomic diversity is essential to a healthy urban environment. Cities of the very rich (and typically, the very poor) are not good places to live; they become tourist destinations where a fake veneer of urbanism is pasted over a place with no real soul.

San Francisco is rapidly heading down that path — and the first and by far most important reason is the cost of housing.

Axiom number two: Private for-profit developers can never build us out of this housing crisis.

The housing market in San Francisco does not behave according to any of the rational rules you learn in Economics 101. This is an international city, a place with a global housing constituency. Demand for high-end condos in San Francisco is, for all practical purposes, unlimited and insatiable. You could build 50,000, 100,000 high-rise apartments, and the prices still wouldn’t come down to a level that would be affordable for most working-class San Franciscans.

Axiom number three: Any sane housing policy has to start with the acceptance of axiom number two.

Building more market-rate housing does nothing, nothing, nothing for the current crisis. There is no lack of housing options for the very rich in this town. The problem is housing for everyone else.

Axiom number four: When you have an irrational market for a basic necessity, the only way to make that market function is with strict regulation and aggressive government intervention.

Axiom number five: Increased density is not a positive environmental policy unless axiom number four is operative.

Building high-rises in which the housing is priced out of range of the people who actually work in San Francisco — and doesn’t offer the size and affordability the local workforce needs — does nothing to fight sprawl or build community. It just creates tall rich ghettos. (See axiom number one.)

Axiom number six: This city is running out of time.

There are virtually zero affordable apartments in this city for the people who make up the heart of San Francisco. We’re doing ecological damage by driving them out of town (and forcing them to drive back, in cars). We’re doing social damage by shattering communities (through evictions and displacement). And all we’re offering is modest tidbits of real planning (a few slightly more affordable units here and there for every 100 we give to the rich).

My conclusion, as we lay out in this week’s cover story, is that San Francisco has to turn its planning and housing policy upside down, to start treating housing as a necessity (as we’re doing with health care) and not something to be played with by speculators on the financial markets (look how well that worked with subprime mortgages) or an amenity for Silicon Valley commuters who would rather have a playground here than live closer to work.

Instead of zoning for developers, the city needs to do something really bold and say: This is the housing we want, the only housing we want — and then find a way to build it, with or without the private sector. As the axiom slingers say, quod erat demonstrandum.*

Green satellites dying

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› annalee@techsploitation.com

TECHSPLOITATION Government-funded satellite systems and sensor networks are supposed to be spook stuff, technologies for surveillance and social control. They’re the "electric eyes" that follow us and turn our private lives into sitcoms for bored intelligence agents, right? Wrong. They may be spooky, but satellite and sensor networks are some of the most powerful tools for studying the way humans are impacting climate change. They allow scientists to create maps showing how land use affects climate, as well as how chemical emissions are linked to rainfall, water levels, temperature fluctuations, and ozone depletion.

And now, according to a distressing report last week from the US Climate Change Science Program, the government is cutting funds to the tools that climate researchers need most. In this report, researchers write that the National Polar-Orbiting Environmental Satellite System has been severely downsized, "eliminating several key climate instruments," while rollout on four new systems for measuring atmospheric changes has been delayed or cancelled. At the same time, the government has failed to maintain observatories on the ground devoted to climate change and is scaling back on an ocean climate sensor system called the Tropical Atmosphere Ocean buoy array.

Parts of the CCSP’s report are essentially a plea for more sensor networks. We need good data from these networks to create realistic models of global climate change, the researchers say. But more important, scientists need that data to figure out the best ways for people to intervene and make the future greener. That’s why we need sensor networks sampling the air from high above the Arctic and across the ocean, proving that cutting back on carbon emissions can lower temperatures or prevent hurricanes from forming. We need good satellite maps showing exactly how urban developments are destroying local forests.

For these reasons, the report emphasizes that the biggest problem faced by the CCSP is an inability to implement policies for change. CCSP researchers are frustrated that the data they’ve compiled rarely make it into policy recommendations to the government. And only $30 million of the CCSP’s $1.7 billion dollar budget is allocated to programs that investigate the impact of environmental changes on human beings.

Just as news of this report was breaking, New York environmental group Blacksmith Institute released a list of the 10 most polluted places on Earth. Created by the group’s technical advisory board, and based entirely on how much impact the pollution has on local human populations, the list is topped by regions in the industrializing world: Sumjayit, an industrial manufacturing city in Azerbaijan; Linfen and Tianying, coal and lead mining towns in China; and Sukinda and Vapi, chemical mining and manufacturing areas in India. Also included are similar areas in Russia and Peru.

People in the regions highlighted by the Blacksmith Institute are getting cancer and lung disease, as well as passing birth defects on to their children. If we want to prevent the entire world from becoming like Sumjayit — and indeed, to prevent people in Sumjayit from suffering the worst side effects of industrialization — we need the very kinds of data that CCSP scientists worry we can no longer get. As climate sensor networks decay, and green satellites die, so too does the hope that we can build a better climate model, a sane climate model based on how changing social behaviors.

So if you think that having one less satellite in the sky is a good idea, think again. And if you think that the only thing a sensor network can do is invade privacy, think again about that too. As ever, the problem isn’t with technology; it’s with who controls it.*

Annalee Newitz is a surly media nerd who wants to put toxic emissions under surveillance.

Newsom’s gleeful purge

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Mayor bio photo.jpg
When Ken Garcia and Robert Haaland agree that Mayor Gavin Newsom screwed up, it must really be true. I’m talking about the mayor’s strange decision to ask for the resignations of every top official and appointee in his administration, which the Chronicle reports has made Newsom quite happy, although he’s about the only one feeling any joy over this.
Haaland correctly says the decision is disrespectful of workers and demonstrates a hostility toward government. And as I reported, it’s a power grab prohibited by the City Charter. But mostly, it’s just weirdly megalomaniacal, and one more sign that our young mayor is far more concerned with his own political ambitions than with simply being a decent human being who makes an honest effort to do right by this city, its employees, and its residents.

Green City: Gray-water guerillas

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› sarah@sfbg.com

GREEN CITY The task sounded simple: help our friend Kristal set up a bathtub in her backyard over the Labor Day weekend so she could soak under the stars and her plants could drink the gray water.

Gray water is water from the sink, shower, bathtub, and washing machine, but not the toilet. And I’ve been inspired by its use since reading gray-water guerrillas Laura Allen, July Oskar Cole, and Cleo Woelfle-Erskine’s book Dam Nation: Dispatches from the Water Underground (Soft Skull, 2007).

Allen, Cole, and Woelfle-Erskine describe how to install fairly radical gray-water systems, including dry and composting toilets and rainwater capture zones, as well as ways to recharge groundwater with rain gardens and treat gray water using homemade wetlands.

Installing gray-water systems usually requires government permits, and public health officials caution that flawed systems can spread disease and contamination. But our system was a simple one meant to dispose of clean hot water that cascades from the tub into a lava rock–filled drainage ditch that will hopefully, in time, support a small wetland.

Like many Californians, Kristal can only afford a tiny place, but she has hit the rental jackpot with her latest abode. It’s a barn red, vine-covered cottage behind a bigger house, but it comes with a private yard, thanks to artfully placed trellises and interwoven tree branches.

The only downside of her cottage is the absence of an indoor bathtub, so Kristal decided to set up a cast-iron bath outdoors and fill it with water piped by a hose from her sink. We tried it out July 4, and it was magical looking at the fireworks while sitting in steaming water that wasn’t steeped with hot-tub chemicals.

But when Kristal let out the plug, the gray water splattered out noisily and created an unsightly, muddy hole in the yard. This growing mess got Kristal worried that she would attract mosquitoes, kill her plants, and rot her cottage foundations. So I decided to help, relying on the gray-water guerrillas’ manual and my husband’s years of experience in restoring wetlands. Together, the three of us talked through the science, economics, and aesthetics of the proposed project to come up with a viable plan.

The science was simple but critically important, given that we were contemputf8g creating a homemade wetland near other dwellings and gardens. Water flows downhill and follows the path of least resistance, while wetlands, which are nature’s water purification system, create breeding grounds for native plants, insects, and animals. As such, they are fragile ecosystems that are easily harmed by bleach, bath salts, and any boron-containing products. So it’s critical to use all-natural, biodegradable soaps in a tub whose gray water will flow into homemade wetlands.

We reconciled these principles with Kristal’s need for inexpensive materials, her love of simple designs, and her desire to camouflage unsightly plumbing. In the end, we settled on a cascading system that uses cinder blocks to elevate Kristal’s tub and a wine barrel to hold the gray water, which flows by gravity into the barrel and then into the wetlands.

To control and direct water flow, we linked the barrel by way of a garden hose to a piece of slotted, corrugated drainage pipe. We buried the pipe in a lava rock–filled trench that was dug in a serpentine shape so that the gray water flows away from homes and into the lowest part of the garden, which is filled with sandy, drainage-friendly soil.

After a hard weekend of work, Labor Day found us basking in a freshly painted and elevated aquamarine bathtub, imagining how great Kristal’s wetlands will look once she adds water-loving plants like native cattails, which will attract a host of dragonflies, frogs, and beetles. Then we pulled the plug and waited anxiously for the tub to drain. To our delight, the water swirled smoothly into the barrel, then gurgled quietly underground.

Eureka! We were now bona fide gray-water guerrillas and had experienced, in microcosm, the challenges people grapple with, yard by yard, block by block, as they try to green the concrete jungle, one low-impact development at a time. It was exhilarating, empowering, and addictive. But before we had a chance to fully recover, Kristal was on her feet, talking about installing a solar-powered water heater this Thanksgiving. *

Comments, ideas, and submissions for Green City, the Guardian‘s weekly environmental column, can be sent to news@sfbg.com.

The tragic tale of Tamesha Tobie

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› gwschulz@sfbg.com

At first, police believed it was a terrible, self-inflicted mishap.

It happened April 15, just after the funeral held for a San Francisco man who’d succumbed to diabetes. Mourners were gathered in the Western Addition home of Tamesha Tobie’s grandmother, Edna Tobie. Tamesha, a 14-year-old first-year high schooler in town from Stockton for the funeral, was hanging out with two teenage boys, her cousins, in a bedroom — a room where, it turns out, another family member had stashed a powerful .357 Magnum revolver. Suddenly, the house filled with the sound of the gun’s pop.

Tobie’s aunt was cooking in the kitchen. She rushed to find out what was going on. The two boys met her in the hallway and told her there was a gun; she found Tobie on the bed, not moving. Nearby lay the pistol, with five live rounds and a shell still visible in the cylinder under the hammer.

The family dialed 911, and soon the area was packed with uniforms. Paramedics arrived with the police, as did a media flack who expected reporters, a crisis response team from the health department, the local medical examiner, and Sup. Ross Mirkarimi, whose district includes Edna Tobie’s Oak Street home.

"These are vivid experiences you don’t lose," Mirkarimi said. "The gut-wrenching part is that it was a young girl."

Fox, CBS, the Associated Press, and the San Francisco Chronicle all reported what the cops told them: Tamesha Tobie had accidentally shot herself with the gun.

But it turns out that wasn’t true. In fact, according to an autopsy completed by the medical examiner June 1, Tobie didn’t pull the trigger.

Her death has become another in a long list of unsolved homicides in San Francisco — and another sign that gun violence, both accidental and intentional, is raging out of control.

THE COPS DON’T KNOW


Months after the killing, the San Francisco Police Department didn’t seem aware that Tobie’s death was anything but an accident.

When we contacted the SFPD’s press office early in September, the staffers weren’t aware that her death had been ruled a homicide, nor was Lt. John Murphy, head of the homicide unit. Department spokesperson Sgt. Neville Gittens even requested that the Guardian fax him a copy of the report.

Now the SFPD acknowledges that Tobie was a homicide victim. "We believe it was done at the hands of someone else," Gittens said a week after receiving the report.

A homicide inspector assigned to the case said he learned of the medical examiner’s final report two weeks ago but explained that he’d already regarded Tobie’s death as suspicious.

Inspector Mike Johnson said he thinks one of the two cousins in the room with Tobie fired the weapon. Police have also concluded that the gun was used in an unrelated San Francisco homicide a few months prior by another young family member before being hidden in the home of Tobie’s grandmother.

Nobody has been arrested in that case either. Despite the fact that this gun has now been used to kill at least two people, Johnson conceded that not enough evidence exists to make an arrest in the first murder, even though a suspect has been identified — an exasperating fact for a city already near last year’s total of 85 murders.

If nothing else, the gun’s owner could possibly be guilty of negligence or child endangerment — but no charges are pending.

"The capacity of government not to do something about this at the pace that it is rocketing is what is absolutely alarming," said Mirkarimi, who’s pushed the Mayor’s Office of Criminal Justice to provide better data on violent crime in the city, "because it’s not going to abate itself…. The way that the number is traveling out of the reach of the Police Department and the district attorney — I think we’re going to need to send red flares up, SOS."

DEADLY HORSEPLAY


The Tamesha Tobie case is tricky; there were only three people in the room, and one is dead. The boy who police believe accidentally ended Tobie’s life won’t confess, Johnson said. Some relatives dispute the police’s view that one of the boys mistakenly fired the weapon and instead believe the story the pair have stuck to so far — that the gun fired on its own from the bed as they horsed around, the bullet smashing through the right rear of Tobie’s jaw.

"Obviously the one boy who did it doesn’t want to say anything to us," Johnson said. "And the other boy is somewhat traumatized, and his parents are worried about any possible criminal charges against him for associating with the first boy. So right now we’re trying to corroborate the stories and what happened through other people who were in the house…. It’s kind of a sensitive thing at this point."

But either way, Tamisha Tobie is the ultimate victim of gun violence, and while her death likely wasn’t intentional, it’s joined the city’s steadily climbing homicide rate nonetheless.

Attempts to reach Tobie’s family for comment were unsuccessful.

Statewide in 2004, 10 kids were killed after being accidentally shot either by themselves or by someone else, according to figures maintained by the federal Centers for Disease Control and Prevention. More recent figures won’t be available until later this year. But according to media accounts and calls to local police jurisdictions, over the past 12 months, three children died similarly just in the Bay Area.

In June a five-year-old boy in Oakland shot himself while playing with a relative’s gun, and a 28-year-old man was arrested for child endangerment — in notably less time than it took San Francisco to complete Tobie’s autopsy.

Just days after Tobie was killed, an 18-year-old girl accidentally shot a younger male teen in the city of Richmond with a revolver he’d found in the home where his death occurred. Last November a 16-year-old boy in Contra Costa County was killed after a friend accidentally shot him in the chest while playing with a .22-caliber revolver. Several other accidents occurred during 2006 in San Francisco and the East Bay, including one involving an Alameda toddler who that spring mistakenly shot his 20-year-old cousin with a .38 that belonged to a family friend.

The gun lobby complains that news stories depicting such deaths overstate the problem of accidents among kids and foster hysteria.

But Shawn Richard of the local nonprofit Brothers Against Guns has a response. The volume of deaths, he argues, isn’t the story.

"It could be a low number. It could be a high number," Richard said. "Regardless, it’s still ridiculous to deal with lives that are being taken by a gun."

Richard founded Brothers Against Guns after two of his siblings were shot to death in San Francisco during the 1990s. He joined the Mayor’s Office, District Attorney Kamala Harris, and the Legal Community Against Violence in drafting a batch of local antigun ordinances that passed the Board of Supervisors last month. One requires local firearms dealers to send inventories of their weapons to the police chief every six months, and another requires all handgun owners to disable their weapons with trigger locks.

Richard is also working with Assemblymember Mark Leno (D-San Francisco) to ban gun shows at the Cow Palace, which is located on state property near the Sunnydale housing project, where violent crimes are a frequent occurrence.

But would all of the antigun news releases in the world have saved Tobie? Homicide inspector Johnson wonders aloud whether they would.

"If the gun’s used in a homicide," Johnson said, "and it’s hidden in the house by children, who’s going to put a gun lock on it?"

A new planning director from Seattle

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rahaim.jpg
Meet the new boss, John Rahaim

In theory, the San Francisco city Planning Commission gets to decide who runs the department, but in practice, it’s up to the mayor — who has announced today that the new Planning Director will be John Rahaim, who now holds that same job in Seattle. Rahaim has apparently informed the folks in Seattle that he’s accepted the job, although I don’t think the commission has formally offered it to him. And, of course, he has to resign his new position immediately, before he even starts work. Welcome to San Francisco.

I don’t know much about Rahaim, but I found one interview that he did with a Seattle radio station in which he made it pretty clear who calls the shots in major development decisions:

MANY AMERICAN PLANNERS ADMIRE WHAT’S HAPPENED IN VANCOUVER. BUT THEY SAY STANDARD PRACTICE IN CANADA CAN’T FLY ON THIS SIDE OF THE BORDER.

RAHAIM: “Rightly or wrongly, in American society we rely on private developers to build.”

SEATTLE CITY PLANNER JOHN RAHAIM SAYS UNLIKE CANADA, WHERE THE GOVERNMENT DETERMINES HOW AND WHAT DEVELOPERS WILL BUILD, IN THIS COUNTRY WE RELY ON INCENTIVES TO ENCOURAGE DEVELOPERS TO CARRY OUT AN OFFICIAL VISION.

RAHAIM: “And it’s the only way to achieve some of these goals…We don’t nearly influence the market the way other governments do, where development is a privilege, not a right. But nonetheless we do. These programs, subsidies, do influence the market.”

Seattle’s had a downtown housing building boom, just like San Francisco, and of course, if the guy didn’t share Newsom’s basic philosophy, he wouldn’t have been offered the job.

UPDATE: My error on the process. In fact, the commission sent three names to the mayor, including Rahaim’s, and the mayor made the choice. That’s how it works. So Rahaim has the job — until, of course, he follows the mayor’s directive and resigns.

Feast: 5 classic cafeterias

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When I was a wee lad in the sun-baked Los Angeles Basin, my maternal grandparents fostered what would become a lifetime obsession: the cafeteria. Products of World War II, they were people who appreciated the value of simple food and low prices. Add the fact that they were Roman Catholic and had eight mouths to feed, and their philosophy was pretty much a necessity. This is how I was introduced to carving boards of meat, steaming casseroles, and endless ice trays filled with shiny, multicolored geutf8 jewels. But where, oh where does one find these palaces of economic dining in San Francisco? The LA institution Clifton’s actually had an early genesis here, but it — along with Manning’s and Compton’s — didn’t survive the prosperity of the postwar years. It seems, however, that a strange cafeteria hybrid did: the hofbrau. Frankly, this comes as no surprise — as it really is just a cafeteria that serves booze, and, well, San Franciscans seem to never tire of the occasional nip. I set out to discover if the cafeteria is still thriving anywhere or if the hofbrau is really the answer, intent on experiencing these culinary relics and their gravy-laden wares.

TOMMY’S JOYNT


Little introduction is needed for this city icon, and it has no lack of fans, from the late Herb Caen to Metallica. It’s famous for its sandwiches and roast, as well as the décor: a mishmash of historical paraphernalia and signs screaming Where Turkey Is King! Tommy’s is equally fervent in the virtues of its buffalo stew and lists them accordingly. In addition to the myriad brews it has crammed behind the bar, it also serves liquor — and you can pretend you have the means for a three-martini lunch when they come priced at $3.75 each.

1101 Geary, SF. (415) 775-4126, www.tommysjoynt.com

LEFTY O’DOUL’S


Having been credited with discovering Joe DiMaggio and bringing baseball to Japan, O’Doul was that consummate old-school, bigger-than-life personality. So before the Bruce Willises, Sylvester Stalones, and others bestowed us with their culinary "treasures," O’Doul gave us this combination cafeteria–<\d>sports bar–tourist trap. The macaroni and cheese and the German potato salad are caloric bombs of goodness. And gnawing on a slice of American beef while staring at a giant statue of Marilyn Monroe is an experience vaguely reminiscent of listening to the Who’s Tommy.

333 Geary, SF. (415) 982-8900, www.leftyodouls.biz/index.html

CHICK-N-COOP


The closest to the sweet memories of my youth, Chick-N-Coop serves up all the goods while little old ladies prattle on about coupons over coffee and bowls of rice pudding. The Taraval location, with its early ’80s country atmosphere, boasts cheaper prices. But the best grub and experience is at the Excelsior location. Either way, the claim to fame here is the chicken, and the Chick-N-Coop does, indeed, know how to roast a bird. Sides are tasty, like the Greek-style spaghetti. And — be still, my beating heart — it has beautiful, beautiful Jell-O.

1055 Taraval, SF. (415) 664-5050; 4500 Mission, SF. (415) 586-1538

TOP’S CAFETERIA


One thing I learned during this search was that many of the old-timey joints — such as Manning’s, which used to be next door to the Emporium — were bought by Asian immigrants during the ’70s. Hence, today we have a proliferation of Chinese food to go and the ever-delicious Asian buffet, but that’s another tale. Top’s does, however, meld its former life with its current one, with interesting choices like lasagna and salad, Mongolian beef with shrimp, or Korean noodle soup. It wins big points for employing the linoleum-and-Formica aesthetic and for providing strange but lovely choices for low prices. Where else can you find a four-course meal for $23? Be ready when you approach the fair maiden at the counter, however, for the minute she claps her hands, you must know precisely what you want — and she waits for no one.

66 Dorman, SF. 415-285-2461

VA HOSPITAL CANTEEN


The word canteen in the name of this medical lunch room — the closest most of us get to a cafeteria these days — had me expecting the Andrews Sisters to greet me at the door, but alas, no one was rolling out any barrels. But the place wins, hands down, in the economy department: you can get a plate of fried chicken, pudding, and a Coke for three bucks. But this is a government institution, so leave your taste buds at the door. The dining room is an exercise in bright aqua and purple tones as only the late ’80s could have provided, but what keeps this establishment afloat above other like contenders is its magnificent view of the Pacific and the Marin Headlands. Though no destination, it’s still a cheap alternative to the Cliff House.

4150 Clement, Bldg 7, SF. 415-221-4810*

Project Censored: The Byrne ultimatum

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amanda@sfbg.com

Sometimes the story behind a story is just as juicy as the story itself. One of Project Censored’s picks for the 2008 list – “Senator Feinstein’s Iraq Conflict” started out as a project funded by the Nation Institute, and was supposed to splash the cover of the Nation magazine prior to the November 2006 election. Instead, it took some interesting peregrinations – involving some charges of partisan political influence — before it was finally printed in the North Bay Bohemian on January 24, 2007.

Petaluma-based freelance journalist Peter Byrne was originally paid $4,500 by the Nation Institute to research connections between lucrative defense contracts granted to Perini and URS companies, in which Richard C. Blum held stock, and the Senate Appropriations Military Construction subcommittee (MILCON) that funds the contracts– and which includes Blum’s wife, Sen. Dianne Feinstein, as a ranking member.

Blum’s companies were involved with more than $1.5 billion in defense contracts between 2001 and 2005. Michael R. Klein, Blum’s business partner and Feinstein’s legal advisor, had been informing the senator about specific federal projects in which Perini had an interest, specifically to avoid conflict of interest issues, but Byrne reported Feinstein was not told about potential URS contracts. So, in the case of Perini, Feinstein would be informed and recuse herself from pertinent decisions, but with URS, she’d remain in the dark, and because the detailed project proposals don’t include the names of the companies bidding, the senator wouldn’t know it was URS.

“In theory, Feinstein would not know the identity of any of the companies that stood to contractually benefit from her approval of specific items in the military budget – until Klein told her,” Byrne wrote.

According to Klein, a Senate Select Committee on Ethics ruled, in a confidential decision, that this was all above board.

But Byrne contends, “That these confidential rulings are contradictory is obvious and calls for explanation.”

Furthermore, Byrne’s research concluded that the senator could potentially look at the lists from Klein, compare them to the nameless funding requests and contracts coming before MILCON, and draw substantial conclusions on her own about where the money would end up.

“Klein declined to produce copies of the Perini project lists that he transmitted to Feinstein. And neither he nor Feinstein would furnish copies of the ethics committee rulings, nor examples of the senator recusing herself from acting on legislation that affected Perini or URS. But the Congressional Record shows that as chairperson and ranking member of MILCON, Feinstein was often involved in supervising the legislative details of military construction projects that directly affected Blum’s defense-contracting firms,” Byrne wrote.

A month after Byrne turned the story in to Bob Moser, who was the Nation‘s editor on the story, the piece was killed. In an email to Byrne, Moser wrote, “The main reason is that with Blum’s sale of

Perini and URS stock last year, this became an issue of what Feinstein did rather than an ongoing conflict. Because of that, and also because Feinstein is not facing a strong challenge for re-election, the feeling here, finally, was that the story would not likely have the kind of impact we want from investigative stories.”

Later in the email, Moser writes the story lacks a “smoking gun,” apparently because Byrne lays the case for a perceived conflict of interest and relies on the testimony of non-partisan ethics and government experts for support.

Still, Byrne told us, “I was shocked. The story was really solid, completely fact-checkable, and even though it was complex I think I boiled it down pretty well.”

The Nation‘s publicity director, Ben Wyskida, told us it’s rare for the magazine not to publish a story in which the Institute has invested significant time and money, but in this case the editors decided to pass. “Ultimately they just didn’t feel like he delivered the story that we’d hoped.”

“At the same time, we do think it’s an important story,” he added.

Undaunted, Byrne took it to Salon.com, which initially agreed to buy it, but then killed it as well. When asked why, news editor Mark Schone told us, “We don’t discuss those kinds of editorial decisions. We have a long history of publishing investigative pieces.”

Byrne thinks it was political. “In my opinion it’s because both the Nation and Salon have an editorial allegiance to the Democratic Party.” It was, he said, too sensitive a time to publish a story critical of a Democrat when the party was positioning to take control of the legislative branch.

The Nation vehemently denied the decision to kill had anything to do with that. “It’s absolutely false that we had any political biases that caused us not to run the piece. It was the reporting and the timeliness,” said Wyskida.

Salon would not comment on Byrne’s political theory.

When pushed for specifics on what the story lacked, Wyskida said, “Generally, we felt like it was possible there were pieces of the story we could not verify or stand behind.”

Byrne went on to pitch the story to Slate, the New Republic, Harper’s, the Los Angeles Times, and – thinking that conservative publications might bite – American Spectator and Weekly Standard. “Most of the editors praised the reporting, but turned down the story,” Byrne writes in an update for Project Censored’s publication. “So I sold the tale to the North Bay Bohemian, which, along with its sister papers in San Jose and Santa Cruz, ran it on the cover – complete with follow-ups. After it appeared, the editors and I received a series of invective-filled emails from war-contractor Klein (who is also an attorney) but, since he could show no errors of fact in the story, he did not get the retraction he apparently wanted.”

Klein, a key figure in the series of stories, is chairman and founding donor of the Washington, DC-based Sunlight Foundation, an organization that promotes more government transparency and grants investigative work undertaken with those goals. The Blum Family Foundation has also given seed money to Sunlight.

The foundation’s Web Site has posted a rebuttal to Byrne’s story, written by senior fellow and veteran investigative journalist, Bill Allison. It includes a spirited exchange between Byrne and Allison on some of the finer points of Byrne’s reporting, and links to the original Congressional hearings that Byrne cites for some of his evidence of Feinstein’s questionable ethics.

Shortly before Byrne’s story was printed in the North Bay Bohemian, Feinstein quit MILCON. Byrne reported this resignation in a March 21, 2007 story, in which he speculates thinks it was because of his questioning her ethics.

Feinstein’s office denies any connection. Press officer Scott Gerber said that at the start of a new Congressional session, “She took the opportunity to become chair of the Interior Appropriations Subcommittee. It’s a better subcommittee for California.” Her office also attempts to blow holes in Byrne’s story with a detailed rebuttal similar to Allison’s – not issued as a press release but provided upon request (and available here in pdf form.)

Despite the rebuttals, which contend that facts have been distorted, Byrne says no evidence exists that merit any retractions.

“Stories get killed all the time for various reasons but what I found interesting is that they paid me almost $5,000,” said Byrne, who expressed admiration for both the Nation and Salon. “The editor worked really hard with me but it was leading up to the elections. I’m not actually accusing them of anything nefarious. They basically told me they weren’t going to print it for political reasons.”

Peter Phillips, director of Project Censored, which rated the Byrne story as #23 out of the top 25 stories the mainstream media missed last year, said it played a part in prompting him to conduct a survey of 10 popular “left”-leaning publications. The survey looked at whether or not liberal news outlets touched stories that weren’t reported by the mainstream media and the results were included as a chapter in Project Censored 2008.

EDITORS NOTE: The above story reports that the piece on Dianne Feinstein’s conflicts of interest was slated to
run on the cover of The Nation. Ben Wyskida of the Nation contacted us after publication say that “we just don’t make promises like that; our covers never get decided until all the edits are in.”

Censored!

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>>Project Censored’s 15 missed-story runners up

>>Big local stories that never made mainstream headlines

>>The story behind a censored story that was killed by The Nation

amanda@sfbg.com

There are a handful of freedoms that have almost always been a part of American democracy. Even when they didn’t exactly apply to everyone or weren’t always protected by the people in charge, a few simple but significant rights have been patently clear in the Constitution: You can’t be nabbed by the cops and tossed behind bars without a reason. If you are imprisoned, you can’t be incarcerated indefinitely; you have the right to a speedy trial with a judge and jury. When that court date rolls around, you’ll be able to see the evidence against you.

The president can’t suspend elections, spy without warrants, or dispatch federal troops to trump local cops or quell protests. Nor can the commander in chief commence a witch hunt, deem individuals "enemy combatants," or shunt them into special tribunals outside the purview of our 218-year-old judicial system.

Until now. This year’s Project Censored presents a chilling portrait of a newly empowered executive branch signing away civil liberties for the sake of an endless and amorphous war on terror. And for the most part, the major news media weren’t paying attention.

"This year it seemed like civil rights just rose to the top," said Peter Phillips, the director of Project Censored, the annual media survey conducted by Sonoma State University researchers and students who spend the year patrolling obscure publications, national and international Web sites, and mainstream news outlets to compile the 25 most significant stories that were inadequately reported or essentially ignored.

While the project usually turns up a range of underreported issues, this year’s stories all fall somewhat neatly into two categories — the increase of privatization and the decrease of human rights. Some of the stories qualify as both.

"I think they indicate a very real concern about where our democracy is heading," writer and veteran judge Michael Parenti said.

For 31 years Project Censored has been compiling a list of the major stories that the nation’s news media have ignored, misreported, or poorly covered.

The Oxford American Dictionary defines censorship as "the practice of officially examining books, movies, etc., and suppressing unacceptable parts," which Phillips said is also a fine description of what happens under a dictatorship. When it comes to democracy, the black marker is a bit more nuanced. "We need to broaden our understanding of censorship," he said. After 11 years at the helm of Project Censored, Phillips thinks the most bowdlerizing force is the fourth estate itself: "The corporate media is complicit. There’s no excuse for the major media giants to be missing major news stories like this."

As the stories cited in this year’s Project Censored selections point out, the federal government continues to provide major news networks with stock footage, which is dutifully broadcast as news. The George W. Bush administration has spent more federal money than any other presidency on public relations. Without a doubt, Parenti said, the government invests in shaping our beliefs. "Every day they’re checking out what we think," he said. "The erosion of civil liberties is not happening in one fell swoop but in increments. Very consciously, this administration has been heading toward a general autocracy."

Carl Jensen, who founded Project Censored in 1976 after witnessing the landslide reelection of Richard Nixon in 1972 in spite of mounting evidence of the Watergate scandal, agreed that this year’s censored stories amount to an accumulated threat to democracy. "I’m waiting for one of our great liberal writers to put together the big picture of what’s going on here," he said.

1. GOOD-BYE, HABEAS CORPUS


The Military Commissions Act, passed in September 2006 as a last gasp of the Republican-controlled Congress and signed into law by Bush that Oct. 17, made significant changes to the nation’s judicial system.

The law allows the president to designate any person an "alien unlawful enemy combatant," shunting that individual into an alternative court system in which the writ of habeas corpus no longer applies, the right to a speedy trial is gone, and justice is meted out by a military tribunal that can admit evidence obtained through coercion and presented without the accused in the courtroom, all under the guise of preserving national security.

Habeas corpus, a constitutional right cribbed from the Magna Carta, protects against arbitrary imprisonment. Alexander Hamilton, writing in the Federalist Papers, called it the greatest defense against "the favorite and most formidable instruments of tyranny."

The Military Commissions Act has been seen mostly as a method for dealing with Guantánamo Bay detainees, and most journalists have reported that it doesn’t have any impact on Americans. On Oct. 19, 2006, editors at the New York Times wrote, in quite definitive language, "this law does not apply to American citizens."

Investigative journalist Robert Parry disagrees. The right of habeas corpus no longer exists for any of us, he wrote in the online journal Consortium. Deep down in the lower sections of the act, the language shifts from the very specific "alien unlawful enemy combatant" to the vague "any person subject to this chapter."

"Why does it contain language referring to ‘any person’ and then adding in an adjacent context a reference to people acting ‘in breach of allegiance or duty to the United States’?" Parry wrote. "Who has ‘an allegiance or duty to the United States’ if not an American citizen?"

Reached by phone, Parry told the Guardian that "this loose phraseology could be interpreted very narrowly or very broadly." He said he’s consulted with lawyers who are experienced in drafting federal security legislation, and they agreed that the "any person" terminology is troubling. "It could be fixed very simply, but the Bush administration put through this very vaguely worded law, and now there are a lot of differences of opinion on how it could be interpreted," Parry said.

Though US Sens. Patrick Leahy (D-Vt.) and Arlen Specter (R-Pa.) moved quickly to remedy the situation with the Habeas Corpus Restoration Act, that legislation has yet to pass Congress, which some suspect is because too many Democrats don’t want to seem soft on terrorism. Until tested by time, exactly how much the language of the Military Commissions Act may be manipulated will remain to be seen.

Sources: "Repeal the Military Commissions Act and Restore the Most American Human Right," Thom Hartmann, Common Dreams Web site, www.commondreams.org/views07/0212-24.htm, Feb. 12, 2007; "Still No Habeas Rights for You," Robert Parry, Consortium (online journal of investigative reporting), consortiumnews.com/2007/020307.html, Feb. 3, 2007; "Who Is ‘Any Person’ in Tribunal Law?" Robert Parry, Consortium, consortiumnews.com/2006/101906.html, Oct. 19, 2006

2. MARTIAL LAW: COMING TO A TOWN NEAR YOU


The Military Commissions Act was part of a one-two punch to civil liberties. While the first blow to habeas corpus received some attention, there was almost no media coverage of a private Oval Office ceremony held the same day the military act was signed at which Bush signed the John Warner Defense Authorization Act, a $532 billion catchall bill for defense spending.

Tucked away in the deeper recesses of that act, section 1076 allows the president to declare a public emergency and dispatch federal troops to take over National Guard units and local police if he determines them unfit for maintaining order. This is essentially a revival of the Insurrection Act, which was repealed by Congress in 1878, when it passed the Posse Comitatus Act in response to Northern troops overstaying their welcome in the reconstructed South. That act wiped out a potentially tyrannical amount of power by reinforcing the idea that the federal government should patrol the nation’s borders and let the states take care of their own territories.

The Warner act defines a public emergency as a "natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any state or possession of the United States" and extends its provisions to any place where "the president determines that domestic violence has occurred to such an extent that the constituted authorities of the state or possession are incapable of maintaining public order." On top of that, federal troops can be dispatched to "suppress, in a state, any insurrection, domestic violence, unlawful combination, or conspiracy."

So everything from a West Nile virus outbreak to a political protest could fall into the president’s personal definition of mayhem. That’s right — put your picket signs away.

The Warner act passed with 90 percent of the votes in the House and cleared the Senate unanimously. Months after its passage, Leahy was the only elected official to have publicly expressed concern about section 1076, warning his peers Sept. 19, 2006, that "we certainly do not need to make it easier for presidents to declare martial law. Invoking the Insurrection Act and using the military for law enforcement activities goes against some of the central tenets of our democracy. One can easily envision governors and mayors in charge of an emergency having to constantly look over their shoulders while someone who has never visited their communities gives the orders." In February, Leahy introduced Senate Bill 513 to repeal section 1076. It’s currently in the Armed Services Committee.

Sources: "Two Acts of Tyranny on the Same Day!" Daneen G. Peterson, Stop the North America Union Web site, www.stopthenorthamericanunion.com/articles/Fear.html, Jan. 20, 2007; "Bush Moves toward Martial Law," Frank Morales, Uruknet.info (Web site that publishes "information from occupied Iraq"), www.uruknet.info/?p=27769, Oct. 26, 2006

3. AFRICOM


President Jimmy Carter was the first to draw a clear line between America’s foreign policy and its concurrent "vital interest" in oil. During his 1980 State of the Union address, he said, "An attempt by any outside force to gain control of the Persian Gulf region will be regarded as an assault on the vital interests of the United States of America, and such an assault will be repelled by any means necessary, including military force."

Under what became the Carter Doctrine, an outpost of the Pentagon, called the United States Central Command, or CENTCOM, was established to ensure the uninterrupted flow of that slick "vital interest."

The United States is now constructing a similar permanent base in Africa, an area traditionally patrolled by more remote commands in Europe and the Pacific. No details have been released about exactly what AFRICOM’s operations and responsibilities will be or where troops will be located, though government spokespeople have vaguely stated that the mission is to establish order and keep peace for volatile governments — that just happen to be in oil-rich areas.

Though the official objective may be peace, some say the real desire is crude. "A new cold war is under way in Africa, and AFRICOM will be at the dark heart of it," Bryan Hunt wrote on the Moon of Alabama blog, which covers politics, economics, and philosophy. Most US oil imports come from African countries — in particular, Nigeria. According to the 2007 Congressional Budget Justification for Foreign Operations, "disruption of supply from Nigeria would represent a major blow to US oil-security strategy."

Though details of the AFRICOM strategy remain secret, Hunt has surveyed past governmental statements and reports by other independent journalists to draw parallels between AFRICOM and CENTCOM, making the case that the United States sees Africa as another "vital interest."

Source: "Understanding AFRICOM," parts 1–3, b real, Moon of Alabama, www.moonofalabama.org/2007/02/understanding_a_1.html, Feb. 21, 2007

4. SECRET TRADE AGREEMENTS


As disappointing as the World Trade Organization has been, it has provided something of an open forum in which smaller countries can work together to demand concessions from larger, developed nations when brokering multilateral agreements.

At least in theory. The 2006 negotiations crumbled when the United States, the European Union, and Australia refused to heed India’s and Brazil’s demands for fair farm tariffs.

In the wake of that disaster, bilateral agreements have become the tactic of choice. These one-on-one negotiations, designed by the US and the EU, are cut like backroom deals, with the larger country bullying the smaller into agreements that couldn’t be reached through the WTO.

Bush administration officials, always quick with a charming moniker, are calling these free-trade agreements "competitive liberalization," and the EU considers them essential to negotiating future multilateral agreements.

But critics see them as fast tracks to increased foreign control of local resources in poor communities. "The overall effect of these changes in the rules is to progressively undermine economic governance, transferring power from governments to largely unaccountable multinational firms, robbing developing countries of the tools they need to develop their economies and gain a favorable foothold in global markets," states a report by Oxfam International, the antipoverty activist group.

Sources: "Free Trade Enslaving Poor Countries" Sanjay Suri, Inter Press Service (global news service), ipsnews.org/news.asp?idnews=37008, March 20, 2007; "Signing Away the Future" Emily Jones, Oxfam Web site, www.oxfam.org/en/policy/briefingpapers/bp101_regional_trade_agreements_0703, March 2007

5. SHANGHAIED SLAVES CONSTRUCT US EMBASSY IN IRAQ


Part of the permanent infrastructure the United States is erecting in Iraq includes the world’s largest embassy, built on Green Zone acreage equal to that of Vatican City. The $592 million job was awarded in 2005 to First Kuwaiti Trading and Contracting. Though much of the project’s management is staffed by Americans, most of the workers are from small or developing countries like the Philippines, India, and Pakistan and, according to David Phinney of CorpWatch — a Bay Area organization that investigates and exposes corporate environmental crimes, fraud, corruption, and violations of human rights — are recruited under false pretenses. At the airport, their boarding passes read Dubai. Their passports are stamped Dubai. But when they get off the plane, they’re in Baghdad.

Once on site, they’re often beaten and paid as little as $10 to $30 a day, CorpWatch concludes. Injured workers are dosed with heavy-duty painkillers and sent back on the job. Lodging is crowded, and food is substandard. One ex-foreman, who’s worked on five other US embassies around the world, said, "I’ve never seen a project more fucked up. Every US labor law was broken."

These workers have often been banned by their home countries from working in Baghdad because of unsafe conditions and flagging support for the war, but once they’re on Iraqi soil, protections are few. First, Kuwaiti managers take their passports, which is a violation of US labor laws. "If you don’t have a passport or an embassy to go to, what do you do to get out of a bad situation?" asked Rory Mayberry, a former medic for one of First Kuwaiti’s subcontractors, who blew the whistle on the squalid living conditions, medical malpractice, and general abuse he witnessed at the site.

The Pentagon has been investigating the slavelike conditions but has not released the names of any vioutf8g contractors or announced penalties. In the meantime, billions of dollars in contracts continue to be awarded to First Kuwaiti and other companies at which little accountability exists. As Phinney reported, "No journalist has ever been allowed access to the sprawling 104-acre site."

Source: "A U.S. Fortress Rises in Baghdad: Asian Workers Trafficked to Build World’s Largest Embassy," David Phinney, CorpWatch Web site, www.corpwatch.org/article.php?id=14173, Oct. 17, 2006

6. FALCON’S TALONS


Operation FALCON, or Federal and Local Cops Organized Nationally, is, in many ways, the manifestation of martial law forewarned by Frank Morales (see story 2). In an unprecedented partnership, more than 960 federal, state, and local police agencies teamed up in 2005 and 2006 to conduct the largest dragnet raids in US history. Armed with fistfuls of arrest warrants, they ran three separate raids around the country that netted 30,110 criminal arrests.

The Justice Department claimed the agents were targeting the "worst of the worst" criminals, and Attorney General Alberto Gonzales said, "Operation FALCON is an excellent example of President Bush’s direction and the Justice Department’s dedication to deal both with the terrorist threat and traditional violent crime."

However, as writer Mike Whitney points out on Uruknet.info, none of the suspects has been charged with anything related to terrorism. Additionally, while 30,110 individuals were arrested, only 586 firearms were found. That doesn’t sound very violent either.

Though the US Marshals Service has been quick to tally the offenses, Whitney says the numbers just don’t add up. For example, FALCON in 2006 captured 462 violent sex-crime suspects, 1,094 registered sex offenders, and 9,037 fugitives.

What about the other 7,481 people? "Who are they, and have they been charged with a crime?" Whitney asked.

The Marshals Service remains silent about these arrests. Whitney suggests those detainees may have been illegal immigrants and may be bound for border prisons currently being constructed by Halliburton (see last year’s Project Censored).

As an added bonus of complicity, the Justice Department supplied local news outlets with stock footage of the raids, which some TV stations ran accompanied by stories sourced from the Department of Justice’s news releases without any critical coverage of who exactly was swept up in the dragnets and where they are now.

Sources: "Operation Falcon and the Looming Police State," Mike Whitney, Uruknet.info, uruknet.info/?p=m30971&s1=h1, Feb. 26, 2007; "Operation Falcon," SourceWatch (project of the Center for Media and Democracy), www.sourcewatch.org/index.php?title=Operation_FALCON, Nov. 18, 2006

7. BLACKWATER


The outsourcing of war has served two purposes for the Bush administration, which has given powerful corporations and private companies lucrative contracts supplying goods and services to American military operations overseas and quietly achieved an escalation of troops beyond what the public has been told or understands. Without actually deploying more military forces, the federal government instead contracts with private security firms like Blackwater to provide heavily armed details for US diplomats in Iraq, Afghanistan, and other countries where the nation is currently engaged in conflicts.

Blackwater is one of the more successful and well connected of the private companies profiting from the business of war. Started in 1996 by an ex–Navy Seal named Erik Prince, the North Carolina company employs 20,000 hired guns, training them on the world’s largest private military base.

"It’s become nothing short of the Praetorian Guard for the Bush administration’s so-called global war on terror," author Jeremy Scahill said on the Jan. 26 broadcast of the TV and radio news program Democracy Now! Scahill’s Blackwater: The Rise of the World’s Most Powerful Mercenary Army was published this year by Nation Books.

Source: "Our Mercenaries in Iraq," Jeremy Scahill, Democracy Now!, www.democracynow.org/article.pl?sid=07/01/26/1559232, Jan. 26, 2007

8. KIA: THE NEOLIBERAL INVASION OF INDIA


A March 2006 pact under which the United States agreed to supply nuclear fuel to India for the production of electric power also included a less-publicized corollary — the Knowledge Initiative on Agriculture. While it’s purportedly a deal to assist Indian farmers and liberalize trade (see story 4), critics say the initiative is destroying India’s local agrarian economy by encouraging the use of genetically modified seeds, which in turn is creating a new market for pesticides and driving up the overall cost of producing crops.

The deal provides a captive customer base for genetically modified seed maker Monsanto and a market for cheap goods to supply Wal-Mart, whose plans for 500 stores in the country could wipe out the livelihoods of 14 million small vendors.

Monsanto’s hybrid Bt cotton has already edged out local strains, and India is currently suffering an infestation of mealy bugs, which have proven immune to the pesticides the chemical companies have made available. Additionally, the sowing of crops has shifted from the traditional to the trade friendly. Farmers accustomed to cultivating mustard, a sacred local crop, are now producing soy, a plant foreign to India.

Though many farmers are seeing the folly of these deals, it’s often too late. Suicide has become a popular final act of opposition to what’s occurring in their country.

Vandana Shiva, who for 10 years has been studying the effects of bad trade deals on India, has published a report titled Seeds of Suicide, which recounts the deaths of more than 28,000 farmers who killed themselves in despair over the debts brought on them by binding agreements ultimately favoring corporations.

Hope comes in the form of a growing cadre of farmers hip to the flawed deals. They’ve organized into local sanghams, 72 of which now exist as small community networks that save and share seeds, skills, and assistance during the good times of harvest and the hard times of crop failure.

Sources: "Vandana Shiva on Farmer Suicides, the U.S.-India Nuclear Deal, Wal-Mart in India," Democracy Now!, www.democracynow.org/article.pl?sid=06/12/13/1451229, Dec. 13, 2006; "Genetically Modified Seeds: Women in India take on Monsanto," Arun Shrivastava, Global Research (Web site of Montreal’s Center for Global Research), www.globalresearch.ca/index.php?context=viewArticle&code=ARU20061009&articleId=3427, Oct. 9, 2006

9. THE PRIVATIZATION OF AMERICA’S INFRASTRUCTURE


In 1956, President Dwight D. Eisenhower ushered through legislation for the greatest public works project in human history — the interstate highway system, 41,000 miles of roads funded almost entirely by the federal government.

Fifty years later many of those roads are in need of repair or replacement, but the federal government has not exactly risen to the challenge. Instead, more than 20 states have set up financial deals leasing the roads to private companies in exchange for repairs. These public-private partnerships are being lauded by politicians as the only credible financial solution to providing the public with improved services.

But opponents of all political stripes are criticizing the deals as theft of public property. They point out that the bulk of benefits is actually going to the private side of the equation — in many cases, to foreign companies with considerable experience building private roads in developing countries. In the United States these companies are entering into long-term leases of infrastructure like roads and bridges, for a low amount. They work out tax breaks to finance the repairs, raise tolls to cover the costs, and start realizing profits for their shareholders in as little as 10 years.

As Daniel Schulman and James Ridgeway reported in Mother Jones, "the Federal Highway Administration estimates that it will cost $50 billion a year above current levels of federal, state, and local highway funding to rehab existing bridges and roads over the next 16 years. Where to get that money, without raising taxes? Privatization promises a quick fix — and a way to outsource difficult decisions, like raising tolls, to entities that don’t have to worry about getting reelected."

The Indiana Toll Road, the Chicago Skyway, Virginia’s Pocahontas Parkway, and many other stretches of the nation’s public pavement have succumbed to these private deals.

Cheerleaders for privatization are deeply embedded in the Bush administration (see story 7), where they’ve been secretly fostering plans for a North American Free Trade Agreement superhighway, a 10-lane route set to run through the heart of the country and connect the Mexican and Canadian borders. It’s specifically designed to plug into the Mexican port of Lázaro Cárdenas, taking advantage of cheap labor by avoiding the International Longshore and Warehouse Union, whose members are traditionally tasked with unloading cargo, and the International Brotherhood of Teamsters, whose members transport that cargo that around the country.

Sources: "The Highwaymen" Daniel Schulman with James Ridgeway, Mother Jones, www.motherjones.com/news/feature/2007/01/highwaymen.html, Feb. 2007; "Bush Administration Quietly Plans NAFTA Super Highway," Jerome R. Corsi, Human Events, www.humanevents.com/article.php?id=15497, June 12, 2006

10. VULTURE FUNDS: DEVOURING THE DESPERATE


Named for a bird that picks offal from a carcass, this financial scheme couldn’t be more aptly described. Well-endowed companies swoop in and purchase the debt owed by a third world country, then turn around and sue the country for the full amount — plus interest. In most courts, they win. Recently, Donegal International spent $3 million for $40 million worth of debt Zambia owed Romania, then sued for $55 million. In February an English court ruled that Zambia had to pay $15 million.

Often these countries are on the brink of having their debt relieved by the lenders in exchange for putting the owed money toward necessary goods and services for their citizens. But the vultures effectively initiate another round of deprivation for the impoverished countries by demanding full payment, and a loophole makes it legal.

Investigative reporter Greg Palast broke the story for the BBC’s Newsnight, saying that "the vultures have already sucked up about $1 billion in aid meant for the poorest nations, according to the World Bank in Washington."

With the exception of the BBC and Democracy Now!, no major news source has touched the story, though it’s incensed several members of Britain’s Parliament as well as the new prime minister, Gordon Brown. US Reps. John Conyers (D-Mich.) and Donald Payne (D-N.J.) lobbied Bush to take action as well, but political will may be elsewhere. Debt Advisory International, an investment consulting firm that’s been involved in several vulture funds that have generated millions in profits, is run by Paul Singer — the largest fundraiser for the Republican Party in the state of New York. He’s donated $1.7 million to Bush’s campaigns.

Source: "Vulture Fund Threat to Third World," Newsnight, www.gregpalast.com/vulture-fund-threat-to-third-world, Feb. 14, 2007

>>More: The story of U.S. Senator Diane Feinstein’s conflict of interest

The Guardian Iraq War casualty report (9/4/07)

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The Guardian Iraq War casualty report (9/4/07): New report: Iraq has failed to meet 11 of the 18 military and political objectives set by Congress and agreed on by Bush.

Compiled by Paula Connelly

Hearings on the Iraq war, in both the Senate and the House, will be held every day for the next week as Democrats seek to shape the debate over the war ahead. Democrats will bring a new report by the Government Accountability Office to the discussion, showing virtually no political progress by the Iraqi government as the latest evidence that President Bush’s military strategy is failing. The G.A.O. report concluded that “violence remains high” in Iraq amid mixed progress on security and that political reconciliation efforts remain far from sufficient, eight months after President Bush began his troop-increase plan. The report places greater emphasis on shortcomings than successes, saying that Iraq has failed to meet 11 of the 18 military and political objectives, or benchmarks, set by Congress and agreed on by Mr. Bush, while partially meeting four. Read more in today’s New York Times article.

Casualties in Iraq

U.S. military:

4,007: Killed since the U.S. invasion of Iraq 3/20/03

Source: http://www.icasualties.org/

118 : Died of self-inflicted wounds, according to http://www.icasualties.org/.

For the Department of Defense statistics go to: http://www.defenselink.mil/

For a more detailed list of U.S. Military killed in the War in Iraq go to: www.cnn.com

Iraqi civilians:

654,965 more Iraqis may have died since hostilities began in Iraq in March 2003 than would have been expected under pre-war conditions, according to a Johns Hopkins University study.

98,000:
Killed since 3/03

Source: www.thelancet.com

71,277 – 77,827: Killed since 1/03

Source: http://www.iraqbodycount.net

For a list of recent events that have resulted in Iraqi casualties, visit :
http://www.iraqbodycount.org/database/recent/

For first hand accounts of the grave situation in Iraq, visit some of these blogs:
www.ejectiraqikkk.blogspot.com
www.healingiraq.blogspot.com
www.afamilyinbaghdad.blogspot.com

Iraq Military:

30,000?: Killed since 2003

Source: http://www.infoshout.com

Journalists:

200 journalists have been killed since the start of the war in March 2003, according to Reporters Without Borders.

Refugees:

Border policies are tightening because one million Iraqi refugees have already fled to Jordan and another one million to Syria. Iraqi refugees who manage to make it out of Iraq still can’t work, have difficulty attending school and are not eligible for health care. Many still need to return to Iraq to escape poverty, according to BBC news.

2.2 million: Iraqis displaced internally

2 million: Iraqis displaced to neighboring states

Incessant violence across much of Iraq’s central and southern regions has forced tens of thousands of people to leave their homes every month, presenting the international community with a humanitarian crisis even larger than the upheaval aid agencies had planned for during the 2003 war, according to United Nations High Commissioner for Refugees’ estimates.

U.S. Military Wounded:

158,509: Wounded since 3/19/03 to 1/6/07

Source: http://www.icasualties.org/

The Guardian cost of Iraq war report (9/4/07): So far, $448 billion for the U.S., $56 billion for California and $1 billion for San Francisco.

Compiled by Paula Connelly

Here is a running total of the cost of the Iraq War to the U.S. taxpayer, provided by the National Priorities Project located in Northampton, Massachusetts. The number is based on Congressional appropriations. Niko Matsakis of Boston, MA and Elias Vlanton of Takoma Park, MD originally created the count in 2003 on costofwar.com. After maintaining it on their own for the first year, they gave it to the National Priorities Project to contribute to their ongoing educational efforts.

To bring the cost of the war home, please note that California has already lost $46 billion and San Francisco has lost $1 billion to the Bush war and his mistakes. In San Francisco alone, the funds used for the war in Iraq could have hired 21,264 additional public school teachers for one year, we could have built 11,048 additional housing units or we could have provided 59,482 students four-year scholarships at public universities. For a further breakdown of the cost of the war to your community, see the NPP website aptly titled “turning data into action.”

Breaking a sweat

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› gwschulz@sfbg.com

When San Francisco took the national lead in eschewing consumer products made by workers forced to endure unsavory working conditions, Mayor Gavin Newsom positioned himself front and center on the issue.

Along with Sup. Tom Ammiano, Newsom coauthored the nation’s toughest municipal ordinance on the matter, requiring that the city and county of San Francisco purchase garments for its firefighters, police officers, Muni drivers, and others from manufacturers that can prove they don’t subcontract with sweatshops or mistreat workers themselves.

Putting the widely touted plan into action was another matter. Two years later, some appointees to the city’s newly formed Sweatfree Procurement Advisory Group, including former state senator Tom Hayden, say San Francisco is already failing to recognize its own commitment to human rights.

Several contractors who are set to provide the city with everything from bulletproof vests to uniforms for the Sheriff’s Department have received exemptions from the law, and nearly all of them have contracts lasting from three to five years — meaning it could be the next decade before the law has much impact.

The contracts in question total $7.2 million in value, according to city records.

"The waivers have no conditions attached," Hayden wrote in a recent letter to the mayor. "They give permission to continue avoiding compliance for several years…. We know from the city’s own staff that one supplier, Galls, produces in Colombia, a human-rights violator where scores of union leaders have been assassinated."

Hayden added in a phone interview that members of the advisory group have offered solutions to the city’s slow pace, but officials haven’t reacted. He met with American Apparel CEO Marty Bailey last month, and Bailey expressed interest in bidding on the city contracts, Hayden said, but the city hasn’t followed up with a meeting or conference call. Nor has it explored the option of joining contracts with "sweat-free" companies doing business with Los Angeles, Hayden contended.

"I’ve wondered if the procurement officials in San Francisco were being creative enough in looking for suppliers," Hayden said, "or whether they were looking at the same old handful of suppliers as if those people would change their ways."

Dozens of cities have such laws in place, but few have serious enforcement mechanisms. San Francisco was supposed to distinguish its ordinance in part by activating an agreement with the nonprofit enforcement body Workers Rights Consortium, which should already be inspecting manufacturing plants independently to ensure fair wages, benefits, and safety standards.

But enforcement, it turns out, is exactly where San Francisco’s law has so far fallen flat on it face, critics from the advisory group say. The group’s chair, Valerie Orth, an organizer for Global Exchange, said city bureaucrats promised to grant only short-term contracts until the law’s complex requirements were logistically workable.

Companies doing business with the city are often merely part of a supply chain that is coordinated with manufacturers abroad, so inspectors must track the conduct of subcontractors too.

The city, however, still doesn’t know the locations of some of the manufacturing plants where uniforms for sheriff’s deputies, meter enforcers, and many others are produced, Orth said, and with so many suppliers potentially receiving waivers, there’s no way to tell if, for instance, workers are getting a minimum wage.

Some businesses did provide info to the city on what outfits they subcontract with, but in one case the subcontractor, Fechheimer Brothers Co., didn’t comply with the law’s wage requirements, city records show.

According to Fechheimer’s Web site, the company has "manufacturing partners" in Central and South America, Europe, Africa, and Asia that "complement our three union plants in the United States." Fechheimer is participating in a three-year contract to provide uniforms to the city’s fire department.

"We’ve been trying to implement this law since 2005," Orth told the Guardian. "They’ve had time to try and figure out the kinks."

Orth said an executive from Fechheimer attended a recent advisory group meeting and complained that disclosing the location of manufacturing plants abroad would make the firm less competitive.

Newsom’s government affairs director, Wade Crowfoot, was unhappy when he discovered last week that Hayden and Orth had distributed a news release outlining their complaints. When we contacted the mayor’s media flak, Nathan Ballard, with questions, he responded only with an exasperated letter that Crowfoot had sent to the duo.

"Far from the doom-and-gloom portrait painted by the press release, the city remains committed to advancing the most aggressive anti-sweatshop law in the country," Crowfoot wrote. "While it may be frustrating to implement this incrementally, our experience with other groundbreaking legislation such as requiring domestic partner benefits suggests that remaining focused on removing the barriers to implementation — and working together to do so — is the only way to make this law fully operative."

Crowfoot added that the city wants to modify the law to reward contract bidders who are mostly compliant, but Orth and Hayden still worry that the city is simply prioritizing suppliers who are the least costly. According to Orth, "Once [contractors] figure out how they can get out of complying with the law in a city like San Francisco … they can easily get out of complying with laws in other cities."

Castro: Muerto?

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By Stephen Torres

UPDATE: 8/27 — Castro still not officially dead. Sorry, Perez!

The poison pen of notorious blogger Perez Hilton has apparently sealed the end of Cuban dictator Fidel Castro. According to the celebrity mudslinger’s eponymous website, www.perezhilton.com, the infamous leader is dead.

Rumors of his death have been circulating for awhile now, but due to Hilton’s reputation for leaking celebrity gossip before anyone else, including veterans of the gossip biz, the interest of the media and Cuban Americans alike has been piqued. Apparently, Miami is afire with the news.

Hilton is of Cuban descent and stands by his source, claiming it is only a matter of time before the Cuban government concedes the truth.

We want to know: What does it mean for the state of our world when news outlets get their tips from PhotoShop-happy celebrity bloggers?

Oh yeah, and we guess Castro (alleged?) death is important too.

castro.jpg

The crazy part is that this “news” comes by way of Hilton instead of the AP and that people take this Hedda Hopper of the Internet as a serious source. The fact that I write about this as bog posting only continues this dubious gossip mill.

For an inside glimpse at Hilton and his thoughts on journalistic responsibility and his place in the media firmament. Check out the latest issue of the delectable BUTT Magazine on newsstands now.

A vote on public broadband

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EDITORIAL It’s annoying that San Francisco progressives and good-government voters will have to spend time and money this fall trying to defeat Mayor Gavin Newsom’s phony wi-fi initiative. It won’t be easy, either: the mayor is, in the words of one blogger, Sasha Magee, promising free ice cream. He’s telling San Franciscans that they can have wireless Internet access everywhere in town without paying a dime. Hard to get people to turn down that deal.

But the mayor isn’t telling the truth — and when this battle is over, the progressives need to offer a much better alternative.

For many people, the promise of Internet access in the mayor’s plan will prove to be entirely false. The wi-fi deal that Newsom has put together will probably work fine for people checking their e-mail on laptops from park benches downtown and outdoor tables at sidewalk cafés. But people who live or work deep inside buildings, far from windows and walls, won’t get any signal at all. And anyone who lives or works more than two stories up won’t get a signal either.

And of course, the free signal, when it works, won’t be fast enough to do much but (slowly) check your e-mail, if there are no attachments to download. You want real broadband, you’re going to have to pay a monthly fee.

That, as we have reported over and over, is because this is a private-sector deal: the network (if it’s actually built) will be owned by EarthLink and Google, and the two companies will be trying to make money off it. They’ll do that by selling premium service (that is, service at a rate most people would consider tolerable) and by targeting everyone on the network with ads.

Although the ballot measure is vague and legally meaningless, it will be the vote of confidence Newsom can use to push the Board of Supervisors to approve his EarthLink-Google deal — that is, unless, as has been widely suggested in the business media, EarthLink shifts direction and decides not to pursue any more municipal wi-fi deals and the city is left holding the bag. So advocates of a true universal broadband alternative need to start working now to present another, better option.

And the best way to do that is to begin drafting a comprehensive citywide broadband initiative for the June 2008 ballot.

Broadband access is and ought to be part of the city’s basic civil infrastructure — something that, like water (and, someday, electricity), is offered through a publicly owned and controlled system at the lowest possible rates. Low-cost broadband would be an immense advantage to local businesses and a huge convenience for local residents and (unlike Newsom’s joke of a deal) would actually do something to address the digital divide.

Wi-fi would be a part of the package, of course, but the plan should also include a citywide fiber-optic network that would bring reliable, fast, and technologically up-to-date Internet access to every address in the city. And while it would cost the city some money up front to build it, the system would almost certainly pay for itself in just a few years. And it could be paired with the construction of a citywide public power system.

Next June may not be a high-turnout election statewide, but in San Francisco, Democrats will be out in force with one of the most contested primaries in local history, pitting Assemblymember Mark Leno against Sen. Carole Migden for the Third District senate seat. Both candidates will be pushing voter turnout — and both can be pressured to support publicly owned municipal wi-fi as a campaign issue (and to back the growing antiprivatization agenda in San Francisco).

Defeating the mayor’s plan is just step one — and the time to start with step two is today.<\!s>*

Anonymity trouble

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› annalee@techsploitation.com

TECHSPLOITATION Pundits of the Internet age are fond of excoriating the Web because anyone can post on it anonymously. Andrew Keen, whose recent book Cult of the Amateur is a good primer on why people hate the Web, highlights the horrors of anonymity in his work, contrasting the millions of unnamed Web scribblers with honorable, properly identified writers of yesteryear. Keen’s point is that people who don’t put their names on what they’ve written don’t feel responsible for it; therefore they feel little compunction about lying or misrepresenting their chosen subjects. After all, an anonymous writer doesn’t have to worry that their reputation will be tarred — unlike, say, a writer at the New York Times, whose byline appears on his or her articles.

Every social stereotype has a caricature associated with it, and the "anonymous Web writer" has theirs. They’re always portrayed as a he, first of all. And he’s inevitably described as being "some blogger writing in his basement in his pajamas." In other words, this anonymous person is not a professional (hence the pajamas) and probably poor (he lives in a basement). He’s a nobody, a loner who lashes out at the world from his dismal cell, hiding behind his anonymity and destroying the good reputations of nice people.

Where does this sad little man like to post his anonymous invective? Wikipedia, of course. He can change any entry without leaving his name, adding lies to biographies of innocent mayoral candidates and spewing spam all over facts. And the best part is that most people take Wikipedia seriously. They regard it as a reliable source of knowledge, despite the fact that it’s written by unknown, basement-dwelling bloggers in pajamas.

That’s why I was so gratified when California Institute of Technology grad student and mad scientist about town Virgil Griffith released his software tool Wikiscanner, which you can use to quickly check on who has been editing Wikipedia entries anonymously. You see, whenever you edit a Wikipedia entry, the encyclopedia logs your unique IP address, which can often be tracked back to a physical location, including your place of employment. Even if you think you’re being stealthy with your anonymous writing, you’re not. Wikipedia sees all.

And now the public can see all if they visit Griffith’s Wikiscanner site (wikiscanner.virgil.gr). Turns out that all the anonymous propaganda and lies on Wikipedia aren’t coming from basement dwellers at all — they’re coming from Congress, the CIA, the New York Times, the Washington Post, and the American Civil Liberties Union. Somebody at Halliburton deleted key information from an entry on war crimes; Diebold, an electronic-voting machine manufacturer, deleted sections of its entry about a lawsuit filed against it. Someone at Pepsi deleted information about health problems caused by the soft drink. Somebody at the New York Times deleted huge chunks of information from the entry on the Wall Street Journal. And of course, the CIA has been editing the entry on the Iraq war.

Wikiscanner allows you to search millions of edits, perusing a precise record of all the changes that have been made. While you can’t figure out exactly who at the CIA made the changes to the entry on the Iraq war, you can be sure the changes came from somebody on the CIA’s computer network.

Griffith created Wikiscanner for a frankly political reason. As he told the Times of London, he did it "to create minor public relations disasters for companies and organizations I dislike." In the process, however, he’s revealed something far more fundamental than the fact that acolytes of Pepsi and the CIA will stop at nothing to propagandize on behalf of their employers: he’s undermined the myth of the anonymous blogger in the basement.

It turns out that the people who are hiding behind anonymity online for nefarious or selfish reasons are not little guys in pajamas but the very bastions of accountability that haters of the Web have deified. It’s not a mean dude with a grudge who is spreading lies on Wikipedia but rather a member of the federal government or a journalist at the New York Times. Cultural anarchy online is coming not from the hordes of scribbling bloggers but from the same entities that have always posed a danger to culture: corporations and governments who refuse to take responsibility for what they’re doing.<\!s>*

Annalee Newitz is a surly media nerd who once had the urge to do an anonymous edit on Wikipedia but was scared people would find out she’d done it.

Counseling torture

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› news@sfbg.com

Ruth Fallenbaum, a private psychologist based in Berkeley, decided to withhold her annual dues to the American Psychological Association this year. She told us her "gut reaction" was to withhold support from the 148,000-member organization because it allows — and even advocates — the participation of its members in coercive prisoner interrogations at CIA-run sites like Guantánamo Bay and Abu Ghraib.

While the American Medical Association, the World Medical Association, and the American Psychiatric Association have banned doctors and psychiatrists from participating in these interrogations, many American Psychological Association members argue that psychologists can help ensure subjects are treated in an ethical and humane manner. Others — like Fallenbaum and members of the group she helped form, Psychologists for an Ethical APA — feel that an "ethical interrogation" is an oxymoron.

At the APA’s 115th annual conference, held at San Francisco’s Moscone Center on Aug. 17 to 20, Fallenbaum and many other psychologists and activists spoke — and rallied at the Yerba Buena Gardens — in favor of a rule that would have banned psychologists from engaging in military interrogations at US military prisons "in which detainees are deprived of adequate protection of their human rights."

The moratorium they advocated — which only recently made it onto the APA’s agenda — was overwhelmingly voted down Aug. 19 at the APA Council meeting after an hour of public comment that was mostly in support of the moratorium. A competing motion that reaffirmed the organization’s position against torture "and other cruel, inhumane, or degrading treatment or punishment" was unequivocally passed, leaving a schism between the organization and the rejected resolution’s supporters.

For the latter, concerns remain about what role — if any — psychologists should play in detention centers, which are notorious for human rights violations that are tantamount to torture. Can these health professionals, abiding by the medical field’s basic tenet of "do no harm," retain their integrity in such lawless centers?

According to the APA, the new resolution frames a context for interrogations that is free of fear tactics and actually prevents abuse. Psychologists conducting interrogations can assist in "rapport building with the detainees rather than abuse," Rhea Farberman, the organization’s spokesperson, told the Guardian.

In its approved resolution, the APA for the first time lays out 14 forms of inhumane treatment that it opposes. The list includes mock executions, water boarding, sexual humiliation, isolation, exploitation of phobias, and induced hypothermia — all of which have reportedly been employed by American interrogators. In May the Department of Defense released a previously declassified report detailing the Army’s use of psychological techniques on Guantánamo Bay detainees in 2002.

The approved APA resolution also calls on the US government to reject acts of torture and limits the psychologist’s role to providing therapeutic benefits, ideally keeping the centers in compliance with international human rights law.

As US Army Col. Larry James, who serves as a psychologist at Guantánamo Bay, told the crowd before the vote, "If we remove psychologists from these facilities, people are going to die."

But that point simply reinforced the concerns many have about sanctioning torture. "If psychologists have to be there so detainees don’t get killed, those conditions are so horrendous that the only moral and ethical thing is to leave," Laurie Wagner, a psychologist from Texas, said at the meeting, eliciting cheers from many audience members.

Another debate raged over the APA’s Ethics Code 1.02, which says that psychologists — when in conflict with their own ethics and the law — can choose to abide by the governing authority. Fallenbaum and other psychologists we interviewed felt that the code has an eerie resemblance to pre–<\d>Geneva Convention sentiments of crimes committed on the basis of "just following orders." But the APA states that the code, which was last modified in 2000, was originally intended to settle domestic debates, namely whether or not a psychologist should have sex with a client.

The approved torture resolution includes loopholes, according to Dr. Neil Altman, a former member of the APA Council who proposed and drafted the defeated moratorium. For example, it could still allow sleep deprivation prior to interrogations as a way to soften prisoners up. And its reference to "significant harm" is one Altman finds ambiguous. "It still leaves wiggle room," he told us.

Stephen Behnke, the APA’s ethics director, remains adamant that psychologists play a key role in a safe and sound interrogation process, something that might not occur if they are not present. "Some people say that a psychologist’s role should be picking up the pieces [of trauma]. Some say it should be preventing it," Behnke told us. The resolution "was a very clear affirmation that we support both roles."

Bruce Crow, head of the Behavioral Medical Department at the Brooke Army Medical Institute in Texas, assigns psychologists to detainee centers, although he was undecided about their participation. "I don’t have an answer about whether they should or shouldn’t be there," he told us. Nonetheless, the newly passed resolution "will provide better guidelines for psychologists assigned to detention centers."

On July 20, President George W. Bush issued an executive order to relaunch a coercive interrogation program at CIA "black sites." Mike McConnell, director of national intelligence, said psychologically manipulative techniques — subject to medical oversight — will be part of the program.

Taking this recent history into account, the conference hosted eight workshops — before and after the votes on the APA resolution and Altman’s counteramendment — with a theme of "Ethics and Interrogations: Confronting the Challenge."

A few hours after the torture measure was defeated, many of the workshop participants gathered for two hours of heated discussion at an ethics town hall. When media outlets videotaping the event were asked to leave by APA officials after a 10-minute time limit, an outcry for "more transparent practices" resonated throughout the room, and the journalists were allowed to stay for the remainder of the session.

Another moratorium could take more than two to three years to get on the APA’s agenda, according to Altman. But Dr. Steven Reiser, a senior faculty member in the International Trauma Studies Program at Columbia University and the founder of Psychologists for an Ethical APA, remains hopeful.

"We have to stand up for human rights," Reiser told us after the town hall meeting. "If we can’t stand up to risks, then we’re colluding with the forces that [deny] human rights."<\!s>*

Editor’s Notes

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› tredmond@sfbg.com

I’ve looked at all the grand designs for the tower that will pay for the new Transbay Terminal, and I’ve read the architectural critiques, and frankly, I’m sick of it all. The plans are all ugly, and they’re way out of scale for this city — but what really gets me is that this is how we’ve chosen to finance our civic infrastructure.

Why do we have to live with a giant high-rise office tower near the Transbay Terminal? Because if we don’t, there won’t be any money to build what should be the central transit link for the Bay Area, a landmark bus and train station on the scale (we’re told) of Grand Central in New York.

I’m not entirely in agreement with every decision that’s been made about the new terminal, but I do agree that it ought to be an essential part of the city’s future. As we shift away from the car and the freeway as the basic units of transportation in California — and we have no choice, we simply have to — a downtown center where trains and buses stop and people come and go will become what the Ferry Building was long, long ago. It will be the way people arrive in San Francisco. We need to make it work.

But the project will cost a lot of money, almost $1 billion — and nobody wants to pay higher taxes to fund this sort of thing. In fact, nobody in California wants to pay higher taxes for anything. So the folks at City Hall have decided that the only way we can have a new transit terminal is if we hock a piece of our city and our skyline to fund it. So we take some of the land on the terminal site and let a developer build a monstrosity of a high-rise on it — and that will bring in the money that we can’t get any other way.

It’s the same reason we have that god-awful Rincon Tower sticking its ugly head into the sky: the developer offered to pay for a fair amount of affordable housing and other community amenities that the taxpayers won’t fund because local government can’t raise taxes in California without reaching extraordinary lengths that are almost politically impossible. So here’s the deal: You want affordable housing? Give a big developer the rights to do something awful, and in exchange, we’ll get a few dollops of cash for civic needs.

Imagine for a moment what the state might look like if we’d had to cut this kind of deal to build the University of California system. You want nice colleges, with higher education available to every state resident who qualifies? OK — sell off the coast and let it become a giant Miami Beach. Or sell the Klamath, the Tuolumne, and a few other rivers to Disney for water parks. Or sell Muir Woods for condos. You don’t want to do that? Too bad — no world-class university system for your kids.

This is the devil’s bargain we have agreed to settle for in 2007. This is how we create public space, public facilities, public amenities. We save the Presidio by giving it to George Lucas. We create a wi-fi system by giving the broadband infrastructure to Google and EarthLink. We can’t do anything ourselves, as a community; all we can do is grab for the scraps the private sector will toss us.

My friends, this sucks. *

Green City: The last hour

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› news@sfbg.com

GREEN CITY For sisters Leila Conners Petersen and Nadia Conners, the last possible moment to lessen humanity’s impact on the environment — the 11th hour, from which the new documentary they cowrote and codirected aptly takes its name — has come upon us. But unlike other doom-and-gloom envirodocs that engulf viewers with guilt about how we are tearing apart our only planet, this movie is supposed to demonstrate that it’s not too late to shift old habits.

The 11th Hour "really helps you understand what’s happening," Conners Petersen told the Guardian about the Warner Brothers Independent release, which opens in theaters Aug. 17. The movie places the often oxymoronic combination of pragmatism and idealism hand in hand: "You feel a better sense of control in that way," she says.

Conners Petersen and Conners spent three years conducting lengthy interviews with 71 top thinkers and activists, ranging from physicist Stephen Hawking to Paul Hawken, the Marin author of The Ecology of Commerce (Collins, 1994). In their film, they juxtapose 91 minutes of the ecoexperts’ wisest words with quick-paced, music video–<\d>style montages of both environmental destruction and at least partially counteracting ideas and innovations like biomimicry.

And unlike 2006’s An Inconvenient Truth, this film — narrated and produced by seasoned ecoactivist Leonardo DiCaprio — spends only about seven minutes covering global warming. "Our film contextualizes global warming as being part of a larger problem," Conners says.

The codirectors emphasize this holistic, all-part-of-a-larger-puzzle approach, which they say the mass media seldom takes when examining any environmental problem.

The environment "isn’t a single-article issue," Conners says. "When Leo’s on camera, he says it’s a convergence of crises. It’s all of it together that’s making it a tipping point. And all of it includes our behavior."

It’s our habits of "disconnect, denial, and laziness," she adds, that keep people from bothering to examine — or change — their impact on the Earth. "It’s like you’re sick with a disease with a known cure, and the medicine’s right there, and you look at it and say, ‘I’m not taking that.’<\!s>"

Environmental action, they say, does not necessarily have to extend to planting trees in Kenya, as Nobel Peace Prize winner and 11th Hour interview subject Wangari Maathai did through the Green Belt movement, or running a scientific radio series, as did interviewee David Suzuki. It’s about being aware of organic peaches that are shipped to the supermarket from Chile and drinking water that may not be from the finest geyser.

"Once you start connecting the detergent under your sink to a dead zone, you start seeing the world as a whole, and your relationship with this planet and life on it will deepen," Conners Petersen says.

The sisters created the Web site 11thhouraction.com to allow individuals and communities to discuss ways to bring the film’s broad-scale ideas and innovations to the local level, whether those efforts involve sharing the most energy-efficient household appliances (compact fluorescent light bulbs, anyone?) or putting solar panels on a high school.

Conners Petersen stresses her "Why wait for the federal government to take action?" mentality by pointing out that nearly 600 mayors in the United States have signed on to the Kyoto Protocol without permission from President George W. Bush.

"If you fight against these things that are so big and immovable, you’ll give up," Conners says. "So if you start locally, [ask] what’s the position of your city council person and the mayor?"

The sisters are no amateurs on the environmental-media scene. Conners Petersen is the founder and codirector of the Tree Media Group and executive editor of Global Viewpoint. They’ve produced two documentaries — Global Warming (2001) and Water Planet (2004) — for DiCaprio’s Web site, and Conners will soon be directing her first narrative feature, Earthquake Weather.

The 11th Hour used 150 hours of stock footage, more than any other documentary in history. The lofty quotes that didn’t make it into the film have found a home on YouTube and the movie’s official Web site, wip.warnerbros.com/11thhour.

"Even though there’s a lot of information, it’s an emotional film," Conners says. "Rather than just telling you information that you intellectually take into the world, I feel like the film is done in such a way that you feel the world in a different way."<\!s>*

Comments, ideas, and submissions for Green City, the Guardian‘s weekly environmental column, can be sent to news@sfbg.com.

Where are all the payphones?

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› news@sfbg.com

Click here to read more about payphone deregulation

When the big earthquake, terrorist attack, or other civic disaster finally hits San Francisco, a lot of people are going to be in for a major shock: their high-tech cell phones and computer-based office telephone systems might not work.

But after the 1989 Loma Prieta quake and after the Sept. 11, 2001, terrorist attacks in New York City, residents found there was still a way to reach their loved ones and let the world know they were OK; they used an old-fashioned communications tool that’s low tech, securely grounded, publicly accessible, and reliable.

It’s called a pay phone.

Next time there’s a disaster, we may not be so lucky: pay phones, fixtures of the public landscape for more than a century, have been quietly disappearing. And many of those that remain don’t work. These essential communication tools — good for emergencies, privacy, and the poor — are falling victim to deregulation laws, the greed of telecommunications companies, and the public’s obsession with high technology.

In San Francisco they’ve departed in droves from sidewalk carrels; corner stores; bus shelters; subway platforms; office, museum, and movie theater lobbies; supermarkets; shopping malls; city swimming pools and YMCAs; diners; parks; and gas stations. They’ve been disappearing at a rate of about 10 percent annually for the past four years, down from roughly 400,000 at the height of the dot-com boom to 150,000 today, trade group attorney Martin Mattes told state regulators last year. The decline in San Francisco mirrors those in California and the nation.

And while pay phones may seem like quaint relics of another era, they remain an important part of the nation’s communications system, serving millions of people who for one reason or another don’t have or can’t use cell phones. And consumer advocates say the loss of the pay phone system is a serious problem.

Although cell phones are pretty ubiquitous, not everyone can afford one — and not everyone can use one. For socially marginalized people, pay phones are still a lifeline. For people who can’t use wireless technology — and can’t afford a home phone line — they’re essential.

Why are pay phones vanishing? The ready answer — cell phones — identifies the technology that’s replacing them and cutting into their profits. But it doesn’t completely explain why a society that once valued pay phones — and may ultimately remember that it still does — has let them disappear. That story has more to do with the politics of deregulation and the profits of telecom companies.

THE POWER OF OLD TECH


In the 2004 climate-change disaster film The Day after Tomorrow, Dennis Quaid plays a climatologist who anticipates dire consequences from a sudden oceanic temperature drop, which is triggered by global warming and leaves New York City frozen solid. From the beaux arts NYC Public Library where he’s taken shelter, the Quaid character’s son (played by Jake Gyllenhaal) needs to call Dad in Washington, D.C., but the cells don’t work. So he finds a half-submerged mezzanine pay phone with a dial tone ("It’s connected to the telephone lines," he notes brightly), drops in a couple of coins, and bingo — he gets Dad’s insider travel advisory.

Such a scenario — at least the pay phone part — isn’t science fiction. In fact, it has played out like that in NYC a few times and also did so in New Orleans after Hurricane Katrina hit in 2005. When the Twin Towers went down Sept. 11, cell phone masts went down with them. Lines were endless as outgoing calls from lower Manhattan funneled through two nearby landline pay phones, as reported on NBC’s Today. Ditto in the summer heat wave of 1999, when New York air conditioners on overdrive toppled wireless transmitters like dominoes, silencing cell phones from NYC to the Great Lakes. Landline telephones — including pay phones — continued to ring. And when the waters rose in New Orleans, residents flocked to pay phones made available for free use to contact loved ones and let the world know they were stranded.

Landline pay phones — like wired home and office phones — are simply more durable and reliable. "I love my cell phone," said Natalie Billingsley, who heads the California Public Utilities Commission’s Division of Ratepayer Advocates. "But I wouldn’t give up my landline. There’s not enough [wireless] network redundancy."

When the Loma Prieta earthquake hit the Bay Area in 1989, electricity and cell phone service were out for hours, but, Billingsley said, "landline phones were back up in 10 minutes."

Regina Costa of San Francisco’s the Utility Reform Network recalled that when the quake trashed Pacific Street in Santa Cruz, the public switch connecting local phones to the larger network worked despite a local power outage.

The reason, Costa says, is that the traditional wired phone network has a robust, independent electrical backup. Not so wireless transmitters and cable fiber-optic systems, both powered by the public grid.

"Wire lines are a really big public safety feature," Billingsley told us. Backup generators at switching points, where regional and long-distance lines converge, create "all kinds of redundancies" for rerouting calls if parts of the network go down.

That’s not just a technological issue. The new tech networks lack robustness and redundancy, Billingsley said, in part because such standards are no longer mandated. Before telecommunications were deregulated, companies were required to pay for reliability. Now reliability is no longer a public service. Under deregulation, reliability is more spotty. Last year state legislators addressed the need for adequate backup power-pack standards for Internet phones — but in the end, consumers will need to buy the backup systems.

In Japan, where the old but vital wired pay phone network has been reduced by more than half (from 910,000 to 390,000) since the public phone company was privatized in 1985, a public safety official recently warned against such shortsightedness. "To remove public telephones amounts to decreasing the means of communication during emergencies," disaster prevention program director Hitoshi Omachi of Yokohama’s Chiiki Bosai Laboratory observed in a May 8 Asahi Weekly article about cell phones overtaking pay phones. "People should think about measures to maintain public phones, including financial assistance from the central or local governments."

Then there are the social issues. Beth Abrams, director of Grupo de la Comida, which feeds 2,000 immigrants and refugees in the Mission each week, said many are dependent on pay phones. "The thing to remember," Abrams told us, "is that a pay phone could mean somebody’s life in an emergency, when time is of the essence." A child suffering an asthma attack or an adult with heart disease or diabetes (the occurrence of which is high in the immigrant community) "often needs immediate response and has difficulty walking far," Abrams said. Many people whom her group serves don’t have cell phones and rely on pay phones when caring for children outside the home or answering job ads.

Howard Levy, attorney and executive director of Legal Assistance to the Elderly, which serves about 1,000 clients a month, told us many seniors in the Tenderloin and in SoMa hotels don’t have home phones or cell phones. Besides the disincentive of cell phone cost, "folks beyond a certain age don’t feel comfortable with the technology," which is not designed for people "whose vision isn’t so great," Levy said.

Jennifer Friedenbach of the Coalition on Homelessness told us that "a lot of folks do have cell phones nowadays, on a prepaid card," but have only intermittent access, and none when the card runs out. "Poor people in general — people who have extremely low incomes — even if they have a phone at home, [it] can be shut off at times," she said. "Pay phones are really important for emergency situations for folks living outside," or when homeless people are first on the scene, to report an emergency.

In an impromptu survey of eight clients at the Independent Living Resource Center, a San Francisco disability-rights advocacy and support group, services coordinator Diane Rovai found three who had been seriously inconvenienced by lack of pay phone access. One needed a ride home from the airport and was stranded after an entire bank of pay phones was removed; another "missed a really important meeting" after getting wrong directions (the phone she finally found "was dirty and not in good repair"); and the third, who has no cell phone, has problems when she goes out to meet people.

"There are still people who depend on pay phones," particularly in rural communities, Anna Montes said. She belongs to San Francisco’s Latino Issues Forum and is a member of the PUC advisory committee on Universal Lifeline Telephone Service, which subsidizes phone service for low-income households.

Four percent of state households don’t have basic phone service, she said, and many of those are poor and Latino and rely on pay phones.

"Pay phones should be supported because there are individuals who can’t afford [cell phones] and places where wireless doesn’t work," said Bill Nussbaum, a telecommunications lawyer at TURN. "Public policy is a reason to wrap [pay phones] into the goal of universal service, the concept of maximum penetration with reliable and affordable phone service for all."

THE END OF PUBLIC SERVICE


One reason the government has allowed pay phones to disappear is that most people don’t think about them. Cell phones often seem like all one needs to stay in touch, at least to those who own them.

"There’s an unfortunate assumption that everyone has a cell phone. It’s not true," said Harold Feld, senior vice president of the Media Access Project, a Washington, D.C., nonprofit public interest media and telecommunications law firm.

Regulators used to feel it was important for people to have access to public phones, but "they don’t think it’s important anymore," he told us.

Feld pointed out that pay phones used to be owned by AT&T, which created and maintained the pay phone network as part of a widely accessible phone system. Government-guaranteed profit on the company’s investment essentially subsidized even those pay phones that weren’t profitable, an arrangement institutionalized by the 1934 Telecommunications Act. Moreover, as a regulated public utility, the phone company needed permission to get out of the pay phone business.

With the monopoly’s breakup in 1984, competitors could enter the pay phone market, and by 1996 AT&T could get out of it.

"The old Bell monopoly came with a historical sense of public service that did not survive the [company’s] breakup and the new cost-benefit accountants and the MBA bottom-line artists," technology historian Iain Boal, coauthor of Afflicted Powers: Capital and Spectacle in a New Age of War (Verso, 2005) told us. "Under neoliberal economic doctrine, all public goods are suspect."

Boal noted, "The new telecom companies had little or zero interest in the public phones they inherited. In fact, quite the reverse. It was in their interest to close or leave trashed any boxes that weren’t profitable and in general to force laggards to mobile phones."

It didn’t happen immediately, attorney Mattes, who has represented the California Payphone Association, a trade group, told us.

"Because the pay phone business was still pretty good in the late 1990s, the telephone utilities stayed in the business during those years, competing with the independents," Mattes said. Pay phone rates also rose.

But the economics of the pay phone business started to change around 2000, Mattes said, mostly due to wireless competition, and companies had difficulty collecting for toll-free calls and calls made through other long-distance providers. So telephone utilities started giving up their less-profitable pay phone locations.

"Bell South abandoned the pay phone market entirely about five or six years ago," Mattes said. "AT&T and Verizon have been gradually leaving the market, giving up their less-profitable pay phones at a steady pace."

From January 2005 to June 2007, AT&T reduced its pay phone lines in California by more than half — from 77,467 to 36,870 — according to PUC counts. And in the same period, Verizon went from 28,743 to 16,421 pay phones.

While the pay phone business was "modestly profitable," according to Mattes, it was mainly important to the utilities "as a platform for customers to make highly profitable long-distance calls." But, he said, with competition in long-distance and wireless services, the profits have been squeezed out of long-distance calls. Pay phone use also dropped dramatically, he said, due to wireless competition.

TURN’s Costa suggested that the old AT&T overpaid in its postdivestiture bid to acquire cable and bypass local exchange carriers for direct connections with its former customer base. Later, it abandoned the poor voice-quality network and may have needed to recoup losses.

"The Bells have a separate incentive to pull out copper," the older coaxial wire that connects almost all landline phones, Feld said. "The FCC says they don’t have to share [fiber-optic cable wire with competitors] as they do copper, and copper needs to be maintained. It was laid because regulators made them. It’s more costly to maintain than they can charge."

"Without regulation," Feld noted, "big companies can leave the [pay phone] market, but they can also increase line charges" — monthly fees for phone connection to the local exchange — "and interconnection fees" for long-distance connection, paid by callers and local exchanges to the nonlocal carrier for allowing calls to go through.

The loss of pay phone service is one more result of faith-based deregulation, the belief that the market will provide for everyone’s needs. "The demise of pay phones was utterly predictable," Boal told us. "It’s a disgrace."

And the impact of the disappearance of pay phones ripples beyond service needs.

OUTSOURCED


A sprawling ’70s low-rise cement building at West Portal and Sloat, once hidden by shrubs from view of the adjacent Muni tracks, is now vacant and slated to become the new Waldorf High School. It used to be the Pac Bell operators’ building, housing 35 workers, mostly women with more than 30 years of service, "the forefront of the [union] movement," said Kingsley Chew, president of Communications Workers of America Local 9410 in San Francisco.

Those operators answered 411 information queries and routed 911 emergency calls. Two years after winning a strike by shutting down the phone company, the operators saw their jobs outsourced in 2006 to Dublin and Pleasanton.

The majority of the local’s members are women, Chew said. Their male counterparts, mostly collectors in the coin department, are now gone, accounting for the loss of 25 to 30 union jobs in the past five years. Besides gathering coins from pay phones, the collectors maintained the phones and removed graffiti (which is more prevalent these days).

Pay phones once meant union jobs, and as their numbers have declined, so has the union. Local 9410 membership is down from 3,000 when Chew took office in 2003 to 750 today, with those still around mainly technicians who install and repair phones.

Chew calculated that one job here is financially equivalent to six jobs in India or the Philippines, where 1-800 calls are processed and workers are paid $400 a month. The city and the state lose local business tax revenues when jobs go overseas, he said, and the costs of vanishing pensions as workers are laid off are eventually externalized and borne by local residents when demand for public services rises.

There may be greater demand for pay phones soon: the major phone companies are expected to raise home-phone rates. Basic service rates have generally been averaged geographically, within a major company’s service "footprint," Lehman said, but deaveraging can soon occur, which will drive up the price of basic rural and high-cost urban services.

Meanwhile, two state programs supporting pay phones are being axed.

REGULATIONS DIE


Two pay phone regulatory programs remain on the books, one frozen and one barely operating. The PUC created both programs in 1990 as part of a legal ruling, when new pay phone providers were struggling to gain a foothold in former Pac Bell (now AT&T) and GTE (now Verizon) monopoly territory and consumers were encountering new system abuses.

One program, the Public Policy Payphone Program (PPPP, or Quad-P), was designed to subsidize phones located "in unprofitable locations to serve the health and safety needs of the public," while the other, the Payphone Enforcement Program (now known as Payphone Service Providers Enforcement), was established "to ensure that pay phone consumer safeguards are being followed." Both programs, which were expanded statewide, were funded by a monthly per-line surcharge on the industry, unlike other telecom public policy programs, which are supported by a percentage surcharge on consumers’ monthly phone bills.

But the list of potential state locations for subsidized pay phones was reduced from 67,000 in 1988 to 22,000 in 1989, just before the state programs were initiated, and to 1,975 in 1993. By 1998, when deregulation was complete and pricing went to market rates, Pac Bell had only 300 subsidized business phones out of 140,000, attributing the change to the increased number of independent providers and to multiphone contracts, which enabled revenues and costs to be averaged out.

Applications to designate or install Quad-P phones have to pass through the PSPE advisory committee, which hasn’t aggressively solicited them or approved more than two or three (with just one installed) of the 33 received since 2001, according to the Division of Ratepayer Advocates.

Almost nobody knows that Quad-P exists — or that anyone can file an application if a proposed site meets certain criteria. Currently, there are only 14 Quad-P phones statewide, mainly in parks, down from 40 in March, with 13 supported by AT&T and one by Verizon.

The PSPE was set up "to enforce, through random inspections, consumer safeguards for all public payphones … such as signage requirements, and rate caps for local, long distance and directory assistance calls within California."

Until recently, inspectors made the rounds of for-profit as well as subsidized pay phones, numbering more than 400,000 in the ’90s, on a rotation schedule that took a decade to complete. Between December 2001, when the project came under PSPE administration (it was formerly run by the industry), and June 2007, civil-service inspectors logged 133,893 violations on 39,444 phones, a rate that has slowed with staff downsizing. The DRA estimates its activities reduced the average rate of violations significantly. The inspection staff was cut in half last fall, to three, and other program staffers were transferred to other divisions to cut expenses.

The number of pay phones to monitor has declined, but with reduced inspections, violations have begun to rise. Numbering too few to be proactive, inspectors now respond only to consumer complaints registered on the PUC’s consumer fraud hotline. This number, not posted on pay phones, is 1-800-649-7570; it accepts calls between 9 a.m. and 3 p.m. Monday through Friday. There’s no after-hours message machine, but if you’ve got a computer and are still primed when you get home, you can log on to the PUC Web site, at www.cpuc.ca.gov, to report a complaint. Patterns of systemic abuse — and dead phones — are less likely to be detected from reactive, hotline-triggered complaints.

Last summer the industry’s PSPE advisory committee formally requested that both programs and the committee itself be eliminated and program surcharges ended, citing reduced activity and need. "All that Quad-P has done is subsidize its own costs," said Mattes, the attorney for the California Payphone Association. "It deserves a quiet burial."

The DRA argues that the reduction of these state programs is premature: even if dramatic market changes have made pay phones a distant second choice over wireless for many, the old technology is still important.

For one thing, predictions of the death of pay phones may be exaggerated. "It is likely that some core base of payphones will continue to be used regularly and earn a profit," the division observed in a July 2006 report, responding to gloomy industry forecasts.

For another, the actual basis for the pay phone network’s decline is far from clear. The division noted "a distinct lack of quantitative analysis regarding both the reduction … and demographic information about the location and need for payphones" in its program review comments, part of the PUC’s formal rule-making process (to be concluded in coming months, following administrative law judge Maribeth Bushey’s findings).

Acknowledging that "concerns about migration to wireless phone plans and cost recovery issues (including interconnection costs, phone card fraud, and 911 services)" need to be addressed, the division restated the universal service goals of both the ’96 act and the original 1934 Telecom Act, quoting a commission ruling from a decade ago, now more urgent: "Parties have not substantiated that telephone service will continue to be available at unprofitable locations to satisfy public health, safety, and welfare needs. Nor have they convinced us that the marketplace will replace the existing public policy payphones or fulfill the public policy objective in public health, safety, and welfare."

The DRA recommends a two-pronged strategy for stabilizing the for-profit market and assessing the need for subsidized pay phones — one that could potentially restore proactive inspections.

Instead of eliminating Quad-P oversight, it said, "the task, rather, is to address these problems by reforming and strengthening the program, as well as by assessing [systematically] the continuing public need for payphones" and finding ways to meet it. The division proposed a formal workshop or survey to compile data about profits and costs, locations, and demographics — hard data on where pay phones exist and where they don’t but are needed.

The DRA also suggests that regulatory oversight be overhauled; that the PUC exert closer control over pay phone service providers by imposing fines or through disconnection; that pay phones be registered or certified, as they are in numerous other states; and that new procedures be adopted for installing and removing pay phones.

Oversight is needed, the division says, even if the industry can’t pay for it; it recommends a surcharge on monthly phone bills, as there are for other public policy telecom programs. It also says an overdue audit of both programs is needed and that the hotline-triggered inspection regimen needs to be reassessed within 12 to 18 months of its inauguration last fall.

SAVING PAY PHONES


On the ground floor of San Francisco’s City Hall, a single pay phone remains among six phone bays. Under existing subsidy rules, the city — which contracts for multiple phones — is ineligible for a subsidy.

It seems like high time to figure out how to restore some conventional lines of communication. Instead of shifting the whole cost of backup phones to the public, why not consider allocating it between the industry and ratepayers, placing the industry’s contribution on a sliding scale to be reviewed every year or two along with revenues, and even incorporating a percentage of more competitive telecom video and cable profits?

Admittedly, this goes against the current tide. Avid deregulators — like former PUC commissioner Susan Kennedy, now Gov. Arnold Schwarzenegger’s chief of staff, and current commissioner Rochelle Chong — have aggressively promoted advanced technology and less oversight.

But is what’s good for AT&T and Verizon really good for ratepayers or small businesses? Letting the pay phone network — a real, decentralized public space — be dismantled just because many of us now have private cell phones violates fairness and common sense. Corporate-minded advanced-tech boosters may dismiss the older technology, but it serves everyone.

"Just because it’s old," TURN’s Nussbaum said, "so what?"<\!s>*

The Right Whale to hit

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by Amanda Witherell

Right whale.jpg

Geez,,,whales are like pandas and koalas, right? They usually get all the love when it comes to conservation and protection. Not when there’s money to be made! As someone who used to spend time out in the middle of the Atlantic hoping to glimpse even a fin of one of these rare whales, it’s distressing to see the federal government bending to the pressures of industry…again. Whales may be the largest mammals, but tankers, cruise ships, car ferries, and even whale watching boats are a hell of a lot bigger and should be more tender when plying our communal seas. Researchers say large, fast-moving ships rarely notice if and when they’ve nailed a whale.

Code unknown

0

› a&eletters@sfbg.com

The CIA maintains a number of "black sites" around the world where suspected terrorists are "disappeared." You can get a recipe for Irish Eyes Chicken Pot Pie or instructions on how to commit suicide on the Internet. Thousands of starlings spontaneously converge in a suburb in Rome where Benito Mussolini once planned on holding an exhibition celebrating Fascism. I love having dreams. There are more than 130 revolving restaurants around the world.

These are all interesting tidbits. But what do they mean? While they may sound like the search results of indiscriminate Web surfing, all are factual elements found in Yerba Buena Center for the Arts’ "Dark Matters: Artists See the Impossible," curated by René de Guzman. Although organized around secrecy and the unexpected, this group exhibition deals more with what can be found than what is hidden.

Perhaps surrealist André Breton was predicting the future of curation with his juxtaposition of an umbrella and a sewing machine on an operating table; today randomness rules, and connections are coaxed by the curator and forged by the viewer. This show exemplifies such a process. For example: Sergio Prego’s video Black Monday (2006) is a mesmerizing parallax view of a small explosive going off in the artist’s studio. You get every awesome angle, and the cloud is suspended midboom. (I always wondered if the tests at Bikini Atoll were done so more military personnel would have a chance to glimpse the aesthetic wonder that is the atomic bomb.) Kitty-corner from Black Monday is Heaven Can Wait (2001–ongoing), a video installation by artist team Bull.Miletic showing more parallax views, this time from revolving restaurants around the globe, including the Equinox at the Hyatt Regency in San Francisco. Was it Steve McQueen who starred in The Parallax View, shot from the revolving restaurant atop the Space Needle? Or was Breton predicting the Internet and how randomness is curated into blogs? What was I blogging? I mean, saying?

It’s well known that the CIA performs secret operations under fancy code names. Trevor Paglen has compiled a list — everything he could find, from Able Ally to Zodiac Beauchamp. "Dark Matters" includes a very tall wall full of them. The piece is called Codename (2001–07). Paglen told me he knows what a handful of the named operations are about, but if he talked to the wrong person, they might mistake him for a crackpot conspiracy theorist. Secret planes where? Extraordinary rendition what? Unmarked airplanes why? But Paglen is not a crackpot. He is an artist, writer, and experimental geographer. Information thus arranged and presented — what do we do with it? At this very moment, the CIA is torturing people at secret facilities in the name of our freedom. But what I want to know is, whatever happened to Bronski Beat? We do not want to think, much less believe, that the US government runs secret prisons. So we don’t.

Robert Oppenheimer once said — or wrote, I forget — "It is a profound and necessary truth that the deep things in science are not found because they are useful; they are found because it was possible to find them." I thought I used that quote in some other art review because I liked it so much. So I Googled "kurtz oppenheimer." What I got instead was a live-sex webcam chat. How many degrees to Internet sex? Not many. Listening Post (2002–06), by Ben Rubin and Mark Hansen, demonstrates as much. Spinal columns of digital screens climb from floor to ceiling. A suite of seven programmed actions culls live chats from the Internet, which scroll across the screens. One is set to grab anything beginning with "I love" or "I like." It’s harder to determine the organizing principle of the other movements, but the very public exposition of very private conversations is discomfiting. And absorbing — all those desires scrolling by. And you thought you were the only one!

Did you know that there is no alpha leader in a flight of birds? What really occurs is democracy: when just over half of the birds begin to tilt in one direction, the rest follow. I saw that on the Internet somewhere. Richard Barnes, Charles Mason, and Alex Schweder were all in Rome, hanging out and making art. Unbeknownst to the others, each of them became fascinated with the mass starling convergence at Esposizione Universale di Roma. Murmurs (2006) consists of Barnes’s photography, Mason’s sound, and Schweder’s video. Starlings have binocular vision. Who knew?

Left on its own, information will eventually organize itself. What remains is the question of credibility. One of the things I named in the first paragraph is not found in the exhibition. Or maybe two. *

DARK MATTERS: ARTISTS SEE THE IMPOSSIBLE

Through Nov. 11

Tues.–Wed. and Fri.–Sun., noon–5 p.m.; Thurs., noon–8 p.m.

Yerba Buena Center for the Arts

701 Mission, SF

$3–$6 (free first Tues.)

(415) 978-ARTS

www.ybca.org

Iron curtain in outer space

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› a&eletters@sfbg.com

Throughout its history, the Soviet Union felt like the final frontier to many Americans. What was happening on the other side of that iron curtain? The Russians wondered too. Since travel between the countries was so limited, their inhabitants often had to turn for information to the cultural products that made it — both ways — past Russia’s gatekeepers. How better to hide meaning than in fairy tales and outer space? The Pacific Film Archive celebrates an age of anxiety and this age of information with its marvelous series "From the Stars to the Tsars: A Journey Through Russian Fantastik Cinema."

The films of "From the Stars to the Tsars" span the period from the 1912 short The Cameraman’s Revenge and Aelita, Queen of Mars — the 1924 silent classic that inspired Guy Maddin’s The Heart of the World — to 2005’s First on the Moon. The series’s other notable traversal is between high and low culture. Some entries were partly seen at drive-ins in the 1960s thanks to Roger Corman, who bought the rights to The Heavens Call (1959) and Planet of Storms (1961) and scavenged their footage; To the Stars by Hard Ways (1982; reedited 2001) made an appearance as Humanoid Woman on Mystery Science Theater 3000. Then there are the films more familiar to art house patrons; the two by Andrei Tarkovsky, 1972’s Solaris and 1979’s Stalker, cemented his reputation, and the former was hailed as the Soviet response to 2001: A Space Odyssey. The rest of the series falls between these poles. Although their politics and plots vary, all the films share a joy in the medium’s magic and an affinity for dazzling and provocative visual effects, whether they be ridiculous, sublime (the signal that Stalker‘s mysterious Zone is ready for its visitors is a marvel of quiet beauty), or both.

Another obvious draw is these films’ Russian-ness. Ruslan and Ludmila (1972) is based on an Aleksandr Pushkin epic, and Evenings on a Farm near Dikanka (1961) is an adaptation of a story by Nikolay Gogol. There is no Soviet Invasion of the Body Snatchers, but some movies manage to work in anti-Western views. The Amphibian Man, shot in Cuba in 1962, offers a damning critique of capitalism in the person of its villain (Mikhail Kozakov), a dishonest, slave-driving, anything-for-a-pearl bastard who wants to marry the girl our hero loves — against her will, of course. Zero City, filmed at the height of perestroika, includes a speech by the town prosecutor (Vladimir Menshov) against European ideas, which he says are all the more fatal for their rationality and practicality.

This is not to say that the Soviet Union escapes its directors’ indignation. The clearest examples come at its end points, the start and finish of the great people’s experiment. Aelita shows class conflict and housing shortages; made more than 60 years later, 1988’s Zero City depicts the denunciation and rehabilitation of rock ‘n’ roll and its partisans as caprices all the worse for their life-destroying results. But the most transparent criticism comes in 2005’s First on the Moon. Made well past the fall of the USSR, the film is a look back, documentary style, at its country’s space program, which in this version beat the Americans’ to the earth’s natural satellite. There are winks to the fictionality of this exercise via sometimes too-cinematic shots, but the most obvious touches are images such as that of a group of children saluting with straight faces "the cause of Stalin and Lenin," then breaking into laughter. The government appears at its worst when it covers up the successful trip and spends years trying to contain the cosmonaut who made it, but the fact that the Soviets never did get to the moon — let alone first — is the movie’s strongest critique.<\!s>*

FROM THE STARS TO THE TSARS

Through Aug. 31, $4–<\d>$8

See Rep Clock or www.sfbg.com for showtimes

Pacific Film Archive

2625 Durant, Berk.

(510) 642-1124

www.bampfa.berkeley.edu

Who killed Brad Will?

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news@sfbg.com

Oaxaca, Mexico — Those of us who report from the front lines of the social-justice movement in Latin America share an understanding that there’s always a bullet out there with our name on it. Brad Will traveled 2,500 miles, from New York to this violence-torn Mexican town, to find his.

Throughout the summer and fall of 2006, the southern Mexican state of Oaxaca was on fire. Death squads, the pistoleros of a despised governor, rolled through the cobblestoned streets of this colonial capital, peppering with automatic weapon fire the flimsy barricades erected by masked rebels. Hundreds were killed, wounded, or imprisoned.

Will, a New York Indymedia videojournalist, felt he had to be there. Xenophobia was palpable on the ground when Will touched down. Foreign journalists were attacked as terrorists by the governor’s sycophants in the media: "Si ves un gringo con cámara, matanlo!" the radio chattered — if you see a gringo with a camera, kill him!

For much of the afternoon of Oct. 27, Will had been filming armed confrontations on the barricades just outside the city. He was trapped in the middle of a narrow street while gunshots boomed all around him, but he kept filming, looking for the money shot.


And he found it: on his final bits of tape, two clearly identifiable killers are perfectly framed, their guns firing. You hear the fatal shot and experience Brad’s shudder of dismay as the camera finally tumbles from his hands and bounces along the sidewalk.

By all visible evidence, Brad Will filmed his own murder. But this is Mexico, where justice is spelled impunity — and Will’s apparent killers continue to ride the streets of Oaxaca, free and, it seems, untouchable.

Curiously, this egregious murder of a US reporter in Mexico has drawn minimal response from US Ambassador Tony Garza, an old crony of President George W. Bush. Why this lack of interest? Can it be that Washington has another agenda that conflicts with justice for Will — the impending privatization of Mexican oil?

HEADING SOUTH


Will was once a fire-breathing urban legend on Manhattan’s Lower East Side. Whether perched atop the Fifth Street squat where he had lived for years and waving his long arms like Big Bird as the wrecking ball swung in, or being dragged out of City Hall dressed as a sunflower while trying to rescue the neighborhood’s community gardens, this child of privilege from Chicago’s wealthy North Shore was a legitimate street hero in the years before the World Trade Center towers collapsed and the social-change movement in New York City went into deep freeze.

Will hosted an incendiary weekly show on the New York pirate station Steal This Radio and was an early part of Indymedia, the Web publishing experiment born during the "Battle of Seattle," the World Trade Organization protests that rocked that city in 1999.

With his long hair neatly tied back and parted down the middle, with his granny glasses and fringe beard, and with his fierce commitment to building community, Will seemed to have emerged whole from a more utopian time in America.

He was an independent journalist, one of the growing number of people, such as Josh Wolf in San Francisco, who use the Internet and their video cameras to track and report on social moments and injustice. He wore no credential from any major news organization. But using outlets like Indymedia, he — like Wolf, who spent seven months in prison to avoid giving the police a copy of his video outtakes — represented part of the future of journalism.

Will’s journey to the land where he would die began right after Sept. 11, 2001. Dyan Neary, then a neophyte journalist, met Will in a South Street skyscraper elevator coming down from the WBAI studios from which Amy Goodman broadcast soon after the terrorist attacks.

"We walked down the piles. They were still smoking," Neary remembered in a phone call from Humboldt County. "We were both really scared. We thought this was not going to be resolved soon. Maybe never. So we thought we should go to Latin America, where people were still fighting."

Will and Neary spent most of 2002 and 2003 roaming the bubbling social landscape of Latin America. In Fortaleza, Brazil, they confronted the director of the Inter-American Development Bank during riotous street protests. They journeyed to Bolivia too and interviewed Evo Morales, not yet the president. They traveled in the Chapare rainforest province with members of the coca growers’ federation. They hung out in Cochabamba with Oscar Olivera, the hero of the battle to keep Bechtel Corp. from taking over that city’s water system. Everywhere they went, they sought out pirate radio projects and offered their support.

In February 2005, Will was in Brazil, in the thick of social upheaval, filming the resistance of 12,000 squatters at a camp near the city of Goiânia in Pernambuco state, when the military police swept in, killing two and jailing hundreds. On his videos, you can hear the shots zinging all around him as he captured the carnage. Will was savagely beaten and held by the police. Only his US passport saved him.

Undaunted by his close call, Will picked up his camera and soldiered back through Peru and Bolivia, and when the money ran out, he flew back to New York to figure out how to raise enough for the next trip south. He was hooked. In early 2006, drawn like a moth to flame, he was back, tracking Subcomandante Marcos and the Zapatistas’ Other Campaign through the Mayan villages on Mexico’s Yucatán Peninsula.

In the spring of 2006, Will was back in New York as he tracked the Other Campaign and the incipient rebellion in Oaxaca on the Internet from his room in Williamsburg. (The rent gougers had forced him out of the Lower East Side.) He was poised to jump south again, friends say, but was worried that he would just be one more white guy getting in the way.

In the end, the lure of the action in Oaxaca pulled him in. He bought a 30-day ticket, caught the airport shuttle from Brooklyn to John F. Kennedy International Airport, and flew south Sept. 29. His return was set for Oct. 28. He never made that flight.

THE COMMUNE OF OAXACA


A mountainous southern Mexican state traversed by seven serious sierras, Oaxaca is at the top of most of the nation’s poverty indicators — infant mortality, malnutrition, unemployment, and illiteracy. Human rights violations are rife. It’s also Mexico’s most indigenous state, with 17 distinct Indian cultures, each with a rich tradition of resistance to the dominant white and mestizo overclass. Oaxaca vibrates with class and race tensions that cyclically erupt into uprising and repression.

The Party of the Institutional Revolution, or PRI, ruled Mexico from 1928 to 2000, the longest-running political dynasty in the world. The corrupt organization was dethroned by the right-wing National Action Party (PAN) and its picaresque presidential candidate, Vicente Fox, former president of Coca Cola México.

But in Oaxaca, the PRI never lost power. While voters were throwing off the PRI yoke all over the rest of the country, in Oaxaca one PRI governor had followed another for 75 years. The latest, Ulises Ruiz Ortiz, a protégé of party strongman and future presidential candidate Roberto Madrazo, won a fraud-marred election over a right-left coalition in 2004.

In the first 16 months of his regime, Ruiz proved spectacularly unresponsive to the demands of the popular movements for social justice. When, on May 15, 2006, National Teachers Day, a maverick, militant local of the National Education Workers Union known as Section 22 presented its contract demands, Ruiz turned a deaf ear. Then, on May 22, tens of thousands of teachers took the plaza and 52 surrounding blocks and set up a ragtag tent city. Each morning the maestros would march out of their camp and block highways and government buildings, which were soon smeared with anti-Ruiz slogans.

Ruiz retaliated before dawn June 14, sending 1,000 heavily armed police officers into the plaza to evict the teachers. Low-flying helicopters sprayed pepper gas on the throng below. Ruiz’s police took up positions in the colonial hotels that surround the plaza and tossed down concussion grenades from the balconies. Radio Plantón, the maestros’ pirate radio station, was demolished and the tent city set afire. A pall of black smoke hung over the city.

Four hours later a spontaneous outburst by Oaxaca’s very active community, combined with the force of the striking teachers and armed with clubs and Molotov cocktails, overran the plaza and sent Ruiz’s cops packing. No uniformed officers would be seen on the streets of Oaxaca for many months. And on June 16, two days after the monumental battle, 200,000 Oaxacans marched through the city to repudiate the governor’s "hard hand." The megamarch was said to extend 10 kilometers.

John Gibler, who closely covered the Oaxaca uprising as a human-rights fellow for Global Exchange, wrote that the surge of the rebels June 14 soon transformed itself into a popular assembly. The Oaxaca Peoples Popular Assembly, or APPO, was formally constituted June 21. The APPO had no leaders but many spokespeople, and all decisions had to be made in assemblies.

A CITY PARALYZED


For the next weeks, the actions of the APPO and Section 22 paralyzed Oaxaca — but the rest of Mexico took little notice. Instead, the nation was hypnotized by the fraud-marred July 2 presidential election in which a right-wing PAN-ista, Felipe Calderón, had been awarded a narrow victory over leftist Andrés Manuel López Obrador, the candidate of a coalition headed by the Party of the Democratic Revolution. López Obrador was quick to cry fraud, pulling millions into the streets in the most massive political demonstrations in Mexican history. Oaxaca still seemed like small potatoes.

But Oaxaca is an international tourist destination, and the APPO and Section 22 protests had closed down the tourist infrastructure, blocking the airport and forcing five-star hotels to shutter their doors. On July 17, Ruiz was forced to announce the cancellation of the Guelaguetza, an indigenous dance festival that has become Oaxaca’s premiere tourist attraction, after roaming bands of rebels destroyed the scenery and blockaded access to the city.

Ruiz began to fight back. By the first weeks of August, the governor launched what came to be known as the Caravan of Death — a train of 30 or 40 private and government vehicles rolling nightly, firing on the protesters. Ruiz’s gunmen were drawn from the ranks of the city police and the state ministerial police.

To keep the Caravan of Death from moving freely through Oaxaca, the APPO and the union threw up barricades; 1,000 were built in the working-class colonies throughout the city and its suburbs. The rebels piled up dead trees, old tires, and burned-out cars and buses to create the barricades, which soon took on a life of their own; murals were painted using the ashes of the bonfires that burned all night on the barriers. Indeed, the barricades gave the Oaxaca struggle the romantic aura of the Paris Commune uprising of 1871 and attracted droves of dreadlocked anarchists to the city.

An uneasy lull in the action gripped Oaxaca on Oct. 1, when Will arrived at the bus terminal, then found himself a cheap room for the night. The break wouldn’t last long.

ON THE BARRICADES


Like most non-Mexicans who style themselves as independent reporters, Will had no Mexican media credential and therefore was in the country illegally, working on a tourist visa and susceptible to deportation. To have some credential other than his Indymedia press card to hang around his neck, he got himself accredited with Section 22 and wore the rebel ID assiduously.

On Oct. 14, APPO militant Alejandro García Hernández was cut down at a barricade near Símbolos Patrios, a downtown plaza. Will joined an angry procession to the Red Cross hospital where the dead man had been taken.

In the last dispatch he filed from Oaxaca, on Oct. 16, Will caught this very Mexican whiff of death: "Now [García Hernández lies] waiting for November when he can sit with his loved ones on the day of the dead and share food and drink and a song … one more death — one more martyr in a dirty war — one more time to cry and hurt — one more time to know power and its ugly head — one more bullet cracks the night."

The dynamic in Oaxaca had gotten "sketchy," Will wrote to Neary. Section 22 leader Enrique Rueda Pacheco had cut a deal with the outgoing Fox government and forced a back-to-work vote Oct. 21 that narrowly carried amid charges of sellout and payoffs. If the teachers went back to work, the APPO would be alone on the barricades and even more vulnerable to Ruiz’s gunmen. But backing down was not in the assembly’s dictionary, and the APPO voted to ratchet up the lucha (struggle) and make Oaxaca really ungovernable.

Mobile brigades were formed — young toughs armed with lead pipes and nail-studded boards who hijacked buses still running in the city, forced the passengers off, and rode around looking for action. Later the buses would be set afire. Charred hulks blossomed on the streets of the old colonial city. The barricades were reinforced to shut down the capital beginning Oct. 27.

The escalation proved to be a terrible miscalculation. In Mexico City the postelectoral turmoil had finally subsided, and PAN was ready to deal with the PRI; bailing out the governor of Oaxaca was the PRI’s price of admission.

It wasn’t a good time for inexperienced foreigners. Ruiz’s people were checking the guest lists at the hostels for "inconvenient" internationals. Immigration authorities threatened extranjeros with deportation if they joined the protests. The local US consul, Mark Leyes, warned Americans that he would not be able to help them if they got caught up in the maelstrom.

Adding to this malevolent ambiance, a new pirate station popped up Oct. 26. Radio Ciudadana (Citizens’ radio) announced it was broadcasting "to bring peace to Oaxaca" and to celebrate the honor of "our macho, very macho governor." The announcers seemed to have Mexico City accents. Wherever they had been sent from, they let loose with a torrent of vitriolic shit — stuff like "We have to kill the mugrosos [dirty ones] on the barricades." The extranjeros, the radio said, were stirring up all the trouble: "They pretend to be journalists, but they have come to teach terrorism classes."

More frightening was this admonition: "Si ves un gringo con cámara, matanlo!" — "If you see a gringo with a camera, kill him!"

This poison spewed out of local radios all day Oct. 26 and 27, but whether Will heard the warnings — and if he did, whether knew what they meant — is unclear. He didn’t speak much Spanish.

SHOT IN THE CHEST


On Oct. 27, Will went out to do interviews on the barricade at Santa María Coyotepec, about 20 kilometers from the city. The three barricades at Coyotepec, Cal y Canto, and La Experimental were crucial to closing down Oaxaca the next day. The broad Railroad Avenue where the barricade was stacked was empty. Nothing was moving. Will walked on to the next barricade at La Experimental to check out the action.

Soon after the Indymedia reporter left, all hell broke loose at Cal y Canto. A mob of about 150 Ruiz supporters stormed down Railroad Avenue, led by what witnesses thought was a Chevy Blazer. The vehicle was moving very fast. "We thought it would try and crash through the barricade," Miguel Cruz, an activist and witness, recalled. But the SUV stopped short, and several men jumped out with guns blazing. The APPO people hunkered down behind the makeshift barrier and moved the women and kids who were with them into a nearby house. Then they went on the counterattack with Molotov cocktails, homemade bazookas that fired bottle rockets, and slingshots. Most of the mob had melted away, and with the gunmen retreating, the rebels torched their vehicle.

Will heard about the gunfire and hurried back to Cal y Canto with a handful of other reporters. They arrived a little after 3 p.m.

Will climbed under a parked trailer to film the shooters. He focused on a man in a white shirt. When an APPO activist (who is not seen on the videotape) came running by, Will indicated the shooter — "Camisa blanca." While all this was going on, the camera captured a bicyclist peddling dreamily through the intersection. Soon after, a large dump truck appeared on the scene, and the group on the barricade used it as a mobile shield as they chased the gunmen down the avenue.

Suddenly, the pistoleros veered down a narrow side street, Benito Juárez, and took refuge in a windowless, one-story building on the second block. The only access to the building was through a large metal garage door, and the reporters followed the APPO militants, many of whom were masked, as they tried to force their way in. Will stood to one side of the door for a minute, poised for the money shot. Then the compas tried unsuccessfully to bust down the big door by ramming the dump truck into it.

In the midst of this frenzy, five men in civilian dress — two in red shirts (the governor’s color) and the others in white — appeared at the head of Benito Juárez, about 30 meters away, and began shooting at the rebels.

Two of the gunmen were later identified by Mexican news media as Pedro Carmona, a cop and local PRI political fixer, and police commander Orlando Manuel Aguilar Coello. One of those in the white shirts, crouched behind Carmona, was Abel Santiago Zárate, a.k.a. El Chino. Santiago Zárate and Aguilar Coello were reported to be the personal bodyguards of municipal president Manuel Martínez Feria of the PRI. The other two would later be fingered as Juan Carlos Soriano, a.k.a. El Chapulín (the grasshopper), and Juan Sumano, both Santa Lucía del Camino police officers. All five are eminently identifiable in the film Will shot just moments before the bullets hit him.

When the shooting erupted, Will took cover on the opposite side of the narrow street from the rest of the media. He was crouched against a lime green wall when the first bullet came. On the video soundtrack, you can hear both the shot and Will’s cries of dismay as it tore through his Indymedia T-shirt and smashed into his heart. A second shot caught him in the right side and destroyed his innards. There was little blood spilled, the first slug having stopped his heart.

In footage that witness Gustavo Vilchis and others filmed, the entrance wound of the first shot looks like a deep bruise. The second shot was not recorded on the soundtrack and may have been fired simultaneously with the first.

Others were shot in the pandemonium. Oswaldo Ramírez, filming for the daily Milenio, was grazed. Lucio David Cruz, described as a bystander, was hit in the neck and died four months later.

As Will slid down the wall into a sitting position, Vilchis and activist Leonardo Ortiz ran to him. Will’s Section 22 credential had flown off, and no one there knew his name. With bullets whizzing by, the compas picked Will up and dragged him out of the line of fire and around the corner to Árboles Street, about 35 paces away. Along the way, his pants fell off.

"Ambulance! We need an ambulance! They’ve shot a journalist!" Vilchis, a tall young man with a face like an Italian comic actor’s, shouted desperately. Gualberto Francisco, another activist, had parked his vochito (Volkswagen Bug) on Árboles and pulled up alongside Will, who was laid out on the pavement in his black bikini underwear.

Ortiz and Vilchis loaded the dying Will into the back seat. They thought he was still breathing, and Vilchis applied mouth-to-mouth resuscitation. "You’re going to make it … you’re all right," they kept telling him. But Will’s eyes had already turned up — he was perdido (lost), as they say in Mexico.

The vochito ran out of gas, and while the frantic young men ferrying Will were stuck in the middle of the Cinco Señores crossroad, it began to rain hard. They tried to stop a taxi to take them to the Red Cross, but the driver supported the government and wanted to argue. Finally, they flagged down a pickup truck and laid Will out in the bed. He was dead when he arrived at the hospital, according to the report by the coroner, Dr. Luis Mendoza.

THE OUTRAGE BEGINS


Oct. 27 was the bloodiest day of the Oaxaca uprising. Four people were killed besides Will: Emilio Alonso Fabián, Esteban Ruiz, Esteban López Zurita, and Audacia Olivera Díaz.

Unlike their murders, Will’s death triggered international outrage. Because he was so connected — and because much of the episode was recorded on film —the shot of the mortally wounded Indymedia reporter lying in the middle of a Oaxaca street went worldwide on the Web in a matter of minutes.

There were instant vigils on both coasts of the United States. On Oct. 30, 11 of Will’s friends were busted trying to lock down at the Mexican consulate off Manhattan’s Park Avenue, where graffiti still read "Avenge Brad!" in December. Anarchists splattered the San Francisco consulate with red paint. Subcomandante Marcos sent his condolences and called for international protests. Goodman did an hour-long memorial.

On March 16, 2007, at its midyear meeting in Cartagena de Indias, Colombia, the Inter-American Press Association, an organization devoted to freedom of speech and the press in the Americas, passed a resolution calling for action on the Will case.

"The investigation into the killing has been plagued by irregularities and inconsistencies, and no arrests have been made," the group said in a statement. IAPA called for the federal attorney general to take over the investigation, "in view of the lack of confidence in state authorities and the lack of progress in the case, so that it may apprehend the culprits, who, according to one theory of the investigation, may be indirectly linked to state authorities."

The official reaction to Will’s death was more cautious. "It is unfortunate when peaceful demonstrations get out of hand and result in violence," a US spokesperson told the media, seeming to blame the APPO for Will’s killing. After once again warning Americans that they traveled to Oaxaca "at their own risk," Ambassador Garza commented on the "senseless death of Brad Will" and how it "underscores the need for a return to the rule of law and order."

"For months," he said, "violence and disorder in Oaxaca have worsened. Teachers, students, and other groups have been involved in increasingly violent demonstrations."

Garza’s statement sent Fox the signal he had been waiting for. Now that a gringo had been killed, it was time to act. The next morning, Oct. 28, 4,500 officers from the Federal Preventative Police, an elite force drawn from the military, were sent into Oaxaca — not to return the state to a place where human rights, dignity, and a free media are respected but to break the back of the people’s rebellion and keep Ruiz in power.

On Oct. 29 the troops pushed their way into the plaza despite massive but passive resistance by activists, tore down the barricades, and drove the commune of Oaxaca back into the shadows.

In Mexico the dead are buried quickly. After the obligatory autopsy, Brad’s body was crated up for shipment to his parents, who now live south of Milwaukee. After a private viewing, the family had him cremated.

SHAM ACCOUNTABILITY


Killing a gringo reporter in plain view of the cameras (one of which was his own) requires a little sham accountability. On Oct. 29 the state prosecutor, Lizbeth Caña Cadeza, announced that arrest warrants were being sworn out for Santiago Zárate and Aguilar Coello, two of the five cops caught on film gunning Will down, and they were subsequently taken into custody.

The scam lost currency two weeks later when, on Nov. 15, Caña Cadeza dropped a bombshell at an evening news conference: the cops hadn’t killed Will, she said; he was shot by the rebels.

Will’s death, she insisted, had been "a deceitful confabulation to internationalize the conflict" and was, in fact, "the product of a concerted premeditated action." The mortal shot had been fired from less than two and a half meters away, Caña Cadeza said — although there is nothing in the coroner’s report to indicate this. The real killers, she said, were "the same group [Will] was accompanying."

In the state prosecutor’s scenario, the order of the shots was reversed: first Will had been shot in the side on the street, then rematado (finished off) with a slug to the heart on the way to the hospital in Francisco’s vochito.

The prosecutor’s plot was immediately challenged by the APPO. "The killers are those who are shown in the film," Florentino López, the assembly’s main spokesperson, asserted at a meeting that night.

And in fact our detailed investigation shows that there is very little evidence to support Caña Cadeza’s theory. Photos from the scene, some published in the Mexican media, show Will’s body with a bloody hole in his chest on the street near where he fell — indicating that his fatal heart wound occurred well before he was dragged into the car where he was supposedly shot.

There’s another problem with the prosecutor’s suggestion: nobody on the scene saw any APPO members, or anyone except the authorities, carrying guns. This reporter has talked to numerous eyewitnesses, and all told the same tale: the rebels at the barricade that day had no firearms with which they could have shot Will.

Miguel Cruz, who spent much of Oct. 27 with Will, first at the Council of Indigenous People of Oaxaca, of which he is a member, and then on the barricade at Cal y Canto and on Juárez Street, is a soft-spoken young Zapotec Indian, but he pounded vehemently on the kitchen table when he addressed Caña Cadeza’s allegations.

"The compañeros had no guns. What gun is she talking about? They had slingshots and Molotovs but no guns. The PRI-istas and the cops had their .38s, and they were shooting at us," he said. "We were trying to save Brad Will’s life, not to kill him."

And if Caña Cadeza had any proof of her allegations, she likely would have filed charges. But none of the protesters or Will’s companions has been formally charged with the killing. Prosecutors have never publicly presented the alleged murder weapon.

But by the time Caña Cadeza told her story, of course, the only way to determine for sure the order of the bullets and the distance from which they had been fired would have been to exhume Will’s body. And there was no body; he had been cremated the week before.

On Nov. 28, Santiago Zárate and Aguilar Coello were released from custody by Judge Victoriano Barroso because of "insufficient evidence," with the stipulation that they could not be rearrested without the presentation of new evidence.

Caña Cadeza, who is now running as a PRI candidate for the state legislature, collaborated closely on the case with Oaxaca secretary of citizen protection Lino Celaya. Both reported to Ruiz’s secretary of government, Heliodoro Díaz, who in turn reported directly to the governor. There seems little doubt that the prosecutor’s accusations of murder against Will’s comrades — and the determination of innocence for the apparent killers — came straight from the top.

ON THE EVIDENCE TRAIL


Dr. Mendoza was occupied when I stopped by the Oaxaca city morgue to ask for a copy of the autopsy report on which the state has based its allegations.

"Will died eight months ago," Mendoza complained testily. "Do you know how many others have died since? How many autopsies I’ve performed?" He gestured to a morgue room where cadavers were piled up.

The coroner was scrunched over his desk, filling out the paperwork for one of the dead. He didn’t have any time to look for the autopsy report. I was not the first reporter to ask him about the document. "What paper are you from anyway?" he asked suspiciously, and when I showed him my media card, he told me that it didn’t sound like a real newspaper to him. "I know what I’m doing. I worked as a coroner in your country," he snapped defensively and waved me out of the office.

But Mendoza might not be quite as cocksure as he sounded. A senior agent for the US government in Oaxaca, who asked not to be named in this article, told me later that Mendoza confided to him that he was no ballistics expert, nor could he determine from how far away the bullets were fired.

I walked into the police commissary under the first-floor stairs of the Santa Lucía del Camino Municipal Palace. The small room was crowded with cops and cigarette smoke. Three of the officers were in full battle gear, and the rest were plainclothes. I had been warned not to ask for Carmona, the most prominent red shirt on Will’s film. Carmona is described as a prepotente — i.e., a thug with an attitude who is always packing.

Instead, I asked the desk clerk if I could get a few minutes with Santiago Zárate and Aguilar Coello. For all I knew, the two were sitting in the room behind me. The desk clerk studied my card. "Qué lástima!" he exclaimed — what a shame. Santiago Zárate had just left and wouldn’t be back until after six. Aguilar Coello was off that day. When I called back after six, Santiago Zárate was still not available. Nor were he and Aguilar Coello ever available the dozen or so times I called back.

This sort of stonewalling is not terribly unusual for Mexico, where killer cops often sell their services to local caciques (political bosses) and go back to work as if nothing had happened. Those who direct this sort of mayhem from their desks in the statehouses and municipal palaces — the "intellectual assassins," as they are called — are never held accountable for their crimes.

A VISIT FROM HOME


In March, Brad’s parents, Kathy and Howard Will, and his older brother and sister paid a sad, inconclusive visit to Oaxaca. They had hired Miguel Ángel de los Santos Cruz, a crackerjack human rights lawyer who has often defended Zapatista communities in Chiapas. Gibler, the Global Exchange human-rights fellow, was the translator.

The Wills, upper-middle-class Americans, had little experience with the kind of evil that lurks inside the Mexican justice system; the trip was a traumatic, eye-opening experience.

The federal Attorney General’s Office had taken over the case from the state in December, but rather than investigating police complicity and culpability, it was pursuing Caña Cadeza’s dubious allegation blaming Will’s companions for his killing.

Gustavo Vilchis, Gualberto Francisco, Leonardo Ortiz, and Miguel Cruz were summoned to give testimony, with the Wills in attendance. Testifying was a risky venture, as the witnesses could have been charged with the murder at any moment, but out of respect for the family, the compas agreed to tell their story to the federal investigators. During the hearing they were repeatedly questioned about and asked to identify not the cops who appear on Will’s film but their own compañeros, some masked, who appeared on tape shot by Televisa, the Mexican TV giant. They refused.

When Los Santos accompanied the Wills to a meeting with Caña Cadeza, she touted her investigation and promised them a copy of its results. But she refused to allow the family to view Will’s Indymedia T-shirt and the two bullets taken from his body. They were, she explained, under the control of Barroso — the judge who had cut loose the cops.

THE POLITICS OF OIL


There are larger geopolitics at work here.

The US Department of State has a certain conflict of interest in trying to push first-year Mexican president Calderón to collar Will’s killers. The crackdown in Oaxaca was all about a political deal between Calderón’s PAN and Ruiz’s PRI: if PAN saved the governor’s ass, the PRI would support the president’s legislative package.

Indeed, the PRI’s 100 votes in the lower house of the Mexican Congress guarantee Calderón the two-thirds majority he needs to alter the constitution and effect the change that’s at the top of his legislative agenda — opening up Petróleos Mexicanos, or PEMEX, the nationalized petroleum corporation and a symbol of Mexico’s national revolution, to private investment, a gambit that requires a constitutional amendment.

Since then-president Lázaro Cárdenas expropriated Mexico’s petroleum industry from Anglo and American owners and nationalized it in 1938, the United States has been trying to take it back. "Transnational pressure to reprivatize PEMEX has been brutal," observed John Saxe Fernandez, a professor of strategic resource studies at Mexico’s autonomous university, Universidad Nacional Autónoma de México.

During the run-up to the hotly contested 2006 presidential elections, candidates Calderón and López Obrador debated the privatization of Mexico’s national oil corporation before the American Chamber of Commerce in Mexico City; former US ambassador Jeffrey Davidow moderated the debate. When the leftist López Obrador insisted that he would never privatize what belonged to all Mexicans, the business leaders stared in stony silence. The conservative Calderón’s pledge to open PEMEX to private investment drew wild applause. Calderón was, of course, Washington’s horse in the fraud-marred election.

In order to accommodate Washington, Calderón needs a two-thirds majority in the congress — and the PRI’s votes in the lower house are crucial to guaranteeing passage of a constitutional amendment. "Without the PRI’s votes, PEMEX will not be privatized. That is why Calderón has granted Ruiz impunity," Saxe Fernandez concluded.

Washington is eager to see PEMEX privatized, which would create an opportunity for Exxon Mobil Corp. and Halliburton (now PEMEX’s largest subcontractor) to walk off with a big chunk of the world’s eighth-largest oil company. Pushing Calderón too hard to do justice for Will could disaffect the PRI and put a kibosh on the deal.

It is not easy to imagine Brad Will as a pawn in anyone’s power game, but as the months tick by and his killing and killers sink into the morass of memory, that is exactly what he is becoming. 2

John Ross is the Guardian‘s Mexico City correspondent. This story was comissioned by the Association of Alternative Newsweeklies and is running in about 20 alternative papers this week.