Government

Editor’s Notes

0

› tredmond@sfbg.com

Fourth of July week is supposed to be slow; when I worked for a daily newspaper, we used to do long stories on the fireworks displays just to fill space on the pages. Not here. There’s so much going on it’s hard to keep track of it all, but here’s a quick rundown on what San Francisco is facing this week:

A bill that would lift a veil of secrecy hanging over police misconduct cases is stuck in the Assembly Committee on Public Safety — and Fiona Ma is one of those holding it up. Ma is a protégé of John Burton, who wasn’t easily intimidated, but she’s acting as if she’s terrified of the police lobby, which has mounted a major effort to kill the bill. It’s crazy — Ma has a fairly safe seat, and unlike some Democrats in marginal districts, she doesn’t have to fear that the cops will back a Republican against her. This is one of the worst moments in her career in Sacramento thus far, and she needs to get off the fence and back the bill when it comes up for reconsideration.

The long-awaited draft environmental impact report for the Eastern Neighborhoods zoning project just came out, and it says just about what I and many others had expected: following the proposals that the City Planning Department is putting forward would wipe out a fair number of blue-collar jobs and would not provide anywhere near enough affordable housing to meet the city’s stated needs. This ought to be a central issue in the mayor’s race (if there ever really is one); I’m not willing to accept as inevitable the loss of working-class San Francisco, and neither should the mayor.

Mayor Gavin Newsom finally signed the Community Choice Aggregation bill (see page 10) — but not with the sort of fanfare you’d expect for a program that could profoundly change the city’s energy future. Sen. Carole Migden has come forward with a bill to ensure that the power from city-owned renewable-energy projects is available to the city and doesn’t have to go into Pacific Gas and Electric Co.’s maw.

Speaking of Migden: who exactly is paying for all those billboards with her face on them, touting her leadership? As we discuss on the www.sfbg.com politics blog, it’s a fascinating question. Michael Colbruno, a spokesperson for Clear Channel, which owns the billboards, refuses to say. He insists that the ads are simply "issue advocacy," which means nobody has to disclose who paid the tab. I’m not going argue campaign law with Clear Channel, but I suspect that Migden knows who gave her this nice present, worth tens of thousands of dollars. Perhaps she’ll share that information with the rest of us.

In the meantime, the folks at the San Francisco Chamber of Commerce — those great champions of open government who love privatization and refused to support the Sunshine Initiative — have a sunshine measure of their own. They want the supervisors to hold hearings before placing anything on the ballot. That’s a direct attack on some recent ballot measures the chamber didn’t like.

I’m all for hearings. Hearings are good. But the law would require that the hearings be held 45 days in advance of the ballot, and that would be a serious drawback for progressives who want to get measures that couldn’t pass the board on the ballot. Frankly, I’m dubious about the chamber’s motives.*

Pelosi’s SPUR earmark

0

By Tim Redmond

Nancy Pelosi has stuck a $231,000 earmark in the federal budget to help the San Francisco Planning and Urban Research Association build a new Urban Center in San Francisco. The move stirred up some controversy on the floor of the House today, when Rep. Jeff Flake, an Arizona Republican who likes to criticize earmarks, asked whether federal money ought to be going to a private nonprofit think tank.

It’s a relatively tiny amount of money — the who-really-gives-a-shit level — and some good progressive people love the idea of a SPUR Urban Center — a downtown building that could be a community center of sorts for city planning issues. I’m not sure I hate it myself.

“We want to become much more public and democratic,” Jim Chappell, SPUR’s president, told me when I called him just now about the earmark. Pelosi’s money, he said, “is a statement of confidence in our cities and our program by a federal government that has declared war on cities.”

But SPUR has over the years been way on the wrong side of a lot of important planning issues, and is still dominated by developers and their architects, and … I don’t know. It struck me a worth noting.

Nuggets of Water

0

COLIN BLUNSTONE

One Year

A genuine lost classic from 1971 — full of feathery, jazz-inflected vocals and sublime melodies — from the dejected Zombies vocalist after he had resigned himself to life behind a desk at an insurance office. "She Loves the Way They Love Her" picks up precisely where Blunstone’s disassembled ensemble left off, with weaving boogie-woogie and an angelic chorus that dips its wings in soul’s waters. Utterly gorgeous string arrangements by Chris Gunning and occasionally Tony Visconti, plenty of production help from ex-bandmates Rod Argent and Chris White, and Blunstone’s limpid songwriting make One Year necessary listening for pop romantics. And the chamber elegy "Misty Roses," the up-on-the-downbeat "Caroline Goodbye," and the impressionistic "Smokey Day" — driven skyward by intertwined vocals from the three ex-Zombies — are bound to besot those who swoon over Odessey and Oracle, Nick Drake, and other assorted instances of beauty and sadness. (Kimberly Chun)

ANNE BRIGGS

The Time Has Come

Mythologized among British folk vocalists like Martin Carthy and Norma Waterson, depicted as something of an enfant sauvage of the ’60s folk scene in Joe Boyd’s memoir White Bicycles: Making Music in the 1960s, and valorized by indies like PG Six and Isobel Campbell, Anne Briggs put down so little recorded music that it’s hardly any wonder she’s nearly disappeared into the dirt and mists of remote Scotland, where she’s said to be currently sequestered. But this, her last, exquisite album (1971), embellished with little more than and acoustic guitar and the occasional bouzouki, shows what the fuss was about, as Briggs wraps her pure, unpretentious pipes round the original title track — also recorded by her partner in music and lifestyle, Bert Jansch, as well as Alan Price and Pentangle — and "Wishing Well," her dark take, cowritten with Jansch, on the seduced and abandoned leitmotif of "Blackwater Side." Traditional English folk songs rarely get as mesmerizing as her ghostly version of "Standing on the Shore." (Chun)

ELAINE BROWN

Seize the Time

Polemical music has the potential to either go down in the songbooks and history tomes as an artifact linked forever with a critical place and time or fail miserably, stumbling over its grandiose ambitions (e.g., the many anti–George W. Bush CDs of recent vintage filed in ye olde circular file). The music on the powerful Seize the Time hasn’t yet taken its place next to "This Land Is Your Land," but it does offer an invaluable snapshot from the front lines of the black power movement. Elaine Brown’s robust delivery of odes penned for fallen Black Panther brethren, the party’s national anthem, and entreaties to continue the struggle finds handsome, tempered accompaniment at the hands of jazz pianist Horace Tapscott. A moving, amazingly graceful document. (Chun)

GIOVANNI FUSCO

Music for Michelangelo Antonioni

Nino Rota’s ornate Federico Fellini tunes have gotten the deluxe reissue treatment, Goblin’s spook sounds have been revived as often as Suspiria‘s Elaina Marcos, and Ennio Morricone sections in record stores are rightfully enormous. Even Pino Donaggio’s scores have had worthy second lives. But until now Giovanni Fusco’s subtler work for a director who avoided music whenever possible, Michelangelo Antonioni, has been easiest to find on DVD. Dominated by the flute flights from 1959’s L’Avventura, this collection closes with Fusco’s casino rockabilly and protoambient contributions to 1964’s Red Desert. A pioneering work in terms of its blurring of diegetic and nondiegetic sound, that film is also the great prototype for Todd Haynes’s Safe, in which malaise-ridden Antonioni muse Monica Vitti utters the great line "My hair hurts." (Johnny Ray Huston)

GILBERTO GIL

Gilberto Gil

A letter of exile from London in the wake of months of unjust imprisonment imposed by the Brazilian government, this English-language recording possesses a warmth and sensitivity one wouldn’t expect from someone who’d been through Gil’s trials. But Gil rarely made a show of his anger, usually expressing it through pointed spoken or written words or musical metaphor. A sublime example here of the last is the cover of Blind Faith’s "Can’t Find My Way Home," on which the Tropicalista leader’s voice is pure, refreshing, and vibrant while singing words of solitude and alienation. Elsewhere, his pop folk makes time for Volkswagen blues, shampoo chats, mushroom trips, and existential thoughts about Kodak moments. (Huston)

FRED NEIL

Fred Neil

A lightly sparkling hoot, "Everybody’s Talkin’ " — made famous by Harry Nilsson when Fred Neil refused to rerecord it for Midnight Cowboy — may be the biggest commercial hit on this album, but the first track, "The Dolphins," is the real, pulsating heart of this wonderful disc. The narcotic serenade to those lucky enough to escape into the wild yonder was memorably nicked for the last season of The Sopranos and encapsulates this Piscean songwriter’s lifelong identification with the sea creatures. The flighty Neil needed to be gentled into the studio by producer Nik Venet and harbored among friendly foils to produce this remarkably organic, mostly live recording, which brought out the best blues-folk writing from the rarely bottled artist. (Chun)

NICO

Desertshore

Aside from her femme fatalism with the Velvet Underground, Nico might be best known musically for the one-of-a-kind Teutonic Californian frisson of her pairing with Jackson Browne on 1967’s Chelsea Girl. But the VU’s John Cale was her right-hand man for most of her career, right on through to the practically postmortem version of "My Funny Valentine" on 1985’s Camera Obscura. This 1970 collaboration includes the layered psychedelia of the title track (on which spoken interludes add extra layers in a manner many indie rockers have imitated), the ballad "Afraid" (addressed narcissistically to herself or forebodingly to her son, Ari?), and of course the one and only "Janitor of Lunacy," which mopped the floors for generations of goths to come. Two tracks here were featured in La Cicatrice Intérieure, a film by Philippe Garrel. (Huston)

JACK PALANCE

Palance

Sauntering the line between camp and cool with winking menace, the Shane star takes his opportunity to coin a few memorable countryisms in the absurdist, Marty Robbins–esque "The Meanest Guy That Ever Lived." "I ruled like a king and they / All did my thing / ‘Cause the foot was in the other / Shoe, shoe, shoe / ‘Cause the foot was in the other shoe," Palance sing-snarls, laying into those "shoe"s like a deranged Shangri-la with rabies. Aided and abetted by lush production from ex–Hank Williams bassist and Nashville publishing czar Buddy Killen, Palance gets to really sink his actorly teeth into the juicy, who’s-sorry-now melodrama of Dottie West’s "Hannah." (Chun)

THE SOFT MACHINE

The Soft Machine

Volume Two

Albums so wide and deep they threaten to engulf you with their sheer twists, teetering turns, and utter invention. Drummer Robert Wyatt’s frisky fills gets equal time alongside organist Michael Ratledge and bassist Kevin Ayres on the high-chair-rattling "Joy of a Toy" and the toy-piano-tricked-out "So Boot If at All" on the raw-edged eponymous debut, which must have sounded like a tripindicular aural telegram from the outer edges of the universe when it rolled forth in late 1968. Thanks to the departure of Ayres and the arrival of onetime roadie Hugh Hopper, Volume Two gets off the pop leash and takes an exhilarating yet elegant romp through the wide-open fields of fusion. (Chun)

Smoke and mirrors

0

› news@sfbg.com

Compassion and Care Center employee and longtime medical marijuana activist Wayne Justmann proudly displays a framed "keep up the good work" letter from Speaker of the House Nancy Pelosi (D–San Francisco) in the second-story medical cannabis dispensary in San Francisco.

"Patients can sit and relax and get away from the problems of the world," Justmann told the Guardian in describing this half pharmacy, half community center, which features AIDS information brochures, a DSL Internet connection, the makings for peanut butter and jelly sandwiches, and marijuana priced at $18 for an eighth of an ounce.

The CCC, which has been open both legally and illegally since 1992, is one of the numerous medical cannabis dispensaries that are having a hard time getting through the city’s onerous approval process. Under guidelines that the Board of Supervisors approved and the mayor signed in November 2005, all of the dispensaries have until July 1 to get the required permits, but none have successfully done so.

The supervisors recently voted to hold off enforcement for the dispensaries that have already applied for permits, which 26 of the 31 or so clubs had done at press time. Pending legislation by Sup. Michela Alioto-Pier would set a new deadline of Jan. 1, 2008, while also effecting procedural changes that could make it difficult for many facilities to ever get permits. She is proposing more stringent disability access requirements and wants to give the Mayor’s Office more control over which clubs must abide by them.

Justmann and many others in the medical marijuana community interviewed by us see the pending legislation as a mixed bag. It would remove the police inspection from an approval process that now requires clubs to deal with six city departments, easing some concerns of proprietors in this quasi-legal business. Yet the legislation would also require all clubs to meet the Americans with Disabilities Act’s standards for new construction, which could prove logistically difficult and prohibitively expensive for most dispensaries, which are in older buildings. For example, the CCC would need to build an elevator in the aging building where it rents space.

Alioto-Pier told us the amendment — which will be heard by the Planning Commission on July 12 and the board thereafter — is necessary to place medical cannabis dispensaries on par with other medical facilities. "Specifically because they are medical, the board felt it’s important for MCDs to be accessible," she told us. "It’s what I think should have been across the city."

Under the amendment, dispensaries would have to ensure that their bathrooms, hallways, and front doors were wide enough for wheelchair access and that they had limited use–limited access elevators, which would disqualify vertical or inclined platform lifts. While dispensaries like ACT UP’s could aim to spend "tens of thousands of dollars" to meet the standards, co-owner Andrea Lindsay told us, others wouldn’t be able to comply, such as those that couldn’t afford the expense or whose landlords wouldn’t allow extensive remodeling jobs.

The CCC is accessible only by stairs and does not have the money or permission to do the work that the amendment would require. "Still, we provide the necessary services to the patient," Justmann said. He also cited the financial gamble in spending large sums on a business that — unlike other health care facilities — always stands the risk of being shut down by the federal government.

Stephanie (whom we agreed to identify only by her first name), an HIV-positive patient of the CCC for the past three years, told us the new accessibility standards could make affordable marijuana less accessible. "The places that will be able to be kept open will be price gougers," she said. "I won’t be able to afford it."

Some MCDs unable to meet the new standards could apply to the Mayor’s Office on Disability for waivers, giving Mayor Gavin Newsom — who has publicly said there should be fewer MCDs in town — more authority over medical marijuana. That arrangement would be a change from the procedure for other projects, which must submit waiver requests to the Access Appeals Commission, which is part of the Department of Building Inspection.

Kris Hermes of Oakland’s Americans for Safe Access expressed his skepticism about the switch. "The main concern of the people is that the MOD will have the ultimate discretion," he told us. But Sup. Ross Mirkarimi, who sponsored the Medical Cannabis Act in 2005, seems to be supporting the Alioto-Pier legislation. "It’s important that the MCDs are consistent with other health care facilities and businesses," he told us. "We want to do everything in our power to make this not so cost prohibitive."

No dispensaries have acquired a permit yet, although five now have "provisional permits." Many MCDs in the waiting line cite red tape and already stringent requirements as barring them from recognition as official businesses. Clubs must pay $6,691 for a permit and cannot generate "excessive profit" when in business.

"I don’t know what we need to do next," said Lindsay, who paid ACT UP’s fees six months ago. "The city’s new to the process. We’re new to the process. It’s frustrating on both sides."

For Kevin Reed, owner of the Green Cross Dispensary, meeting the new standards would be a hard task to accomplish in the next six months. As he told us, "You’d pretty much have to knock down a building and rebuild it."*

Editor’s Notes

0

› tredmond@sfbg.com

My father died June 15, in Philadelphia. He was 82. He hated doctors (who kept telling him to quit smoking and drinking) and hospitals (which he alternately described as prisons and torture chambers, depending on how charitable he felt that day). When he realized that the emphysema had gotten the best of him and his days were numbered, he made it clear that all he wanted was to stay at home, so I and my siblings took time off, and for several weeks we helped my mother take care of him, keeping him as comfortable as we could until his lungs finally gave out and he stopped breathing. I gave the eulogy at his memorial service.

So I’m about tapped out on the emotional stuff, and I’ve said all I have to say about what a wonderful guy he was. But along the way I learned a couple of things that are worth thinking about.

Home hospice care has come a long way. When my friend Paulo died of AIDS in 1995, you had to be in a hospital to get easy access to drugs like morphine and Haldol, and if you were at home and woke up in horrible pain in the middle of the night, your friends had to take you to the emergency room and wait until a doctor could find time to give you a shot. The hospice program we had was awesome; the nurses gave us big jars of medicine, taught us how to administer the doses to relieve my dad’s pain, and told us that we shouldn’t worry if he asked for a cigarette (it was a bit late for lifestyle changes).

The insurance providing us with all of that top-rate care, and the remarkable social services that went along with it, came through a government program called Medicare. It has an overhead rate of about 3 percent, which makes it about five times as efficient as most private insurers. It’s not perfect — all health insurance in the United States is a bureaucratic nightmare, and even this coverage required intervention on the part of my family to keep things on the right track. But it’s available to seniors who don’t have much money, and it works.

While my dad was dying, I read some of the early reviews of Michael Moore’s Sicko in the East Coast media. I think my favorite was in the New York Post, which accused Moore of demanding that everyone in the United States get their health care from Fidel Castro. The critical reviews played up the fact that Moore fairly gushes about medical care in countries like Canada and France (along with Cuba) while people who live in such places with government-run health care systems complain about long waits for nonemergency treatment.

Perhaps so. I can’t argue the facts one way or another. I could argue that a system covering everyone at the cost of a bit of waiting for all is better than one that dumps all of the waiting, getting sicker, and dying on the poor and uninsured. But I will also argue that Moore is right (see Cheryl Eddy’s piece on page 64). This is the richest country in world history. We can have a public health system that works. We just need to get the private insurers the hell out of it.*

Crazy

0

› news@sfbg.com

Shortly before midnight on April 21, 2001, Jason Grant Garza walked into the psychiatric wing of San Francisco General’s emergency room and said he was having a mental health crisis. A staffer there refused to admit him. When Garza insisted on seeing a doctor, he wound up strip-searched and thrown into jail. Now, after six years of legal wrangling and bureaucratic buck-passing, SF General has officially conceded that Garza was denied proper service. But Garza says he is still waiting for the help he needs and the justice he demands.

As I sat across from Garza on a recent afternoon, it wasn’t hard to imagine a busy hospital worker or government official blowing him off rather than dealing with his frenetic energy. Diagnosed with a so-called "adjustment disorder," Garza was intense, to say the least. Running his hands through his wiry, gray-streaked hair and leaning over the table as he spoke, the 47-year-old Panhandle-area resident railed against "the system" for well over an hour. At one point, he likened his suffering to that of "a starving kid in Africa … [except] the starving kid in Africa still has hope. I have none of that."

Garza’s ire and his penchant for hyperbole might be exasperating at times, but his behavior also seems to bolster his main contention — that he needs help with his mental health, help that he claims a flawed public health care apparatus has failed to provide. He says his attempts to receive care and support have only exacerbated his condition, increasing his isolation and his sense of persecution. "I’m dead right," he said repeatedly. "And yet I’ve gotten nothing for it."

Garza declined to recount specific details of his story or be photographed. Instead, he referred the Guardian to a 2003 deposition he gave to deputy city attorney Scott Burrell. According to the deposition, his ordeal began shortly after his lover and "soulmate" killed himself in January 2001. That April, Garza became despondent over his loss and called a suicide hotline. The phone counselor directed him to visit SF General’s Psychiatric Emergency Services.

Garza took a cab to SF General and told PES charge nurse Paul Lewis that he was "wigging out" and badly needed to see a doctor. According to Garza’s deposition and other court documents obtained by the Guardian, Lewis asked him if he was suicidal. Garza is quoted in his deposition as responding, "If I was crossing the street and fell, I don’t know if I’d get up." Lewis determined that this answer meant Garza was not suicidal and thus not in need of emergency care. He asked Garza to leave. When Garza refused, the hospital’s institutional police escorted him out.

Garza did eventually get into the hospital that night, but not in the way he was hoping. After he was ejected from the premises, he stole back into the main lobby and called city police to help him receive treatment. But hospital cops returned instead and stuck him in a holding room. Sheriff’s deputies arrived four hours later, early in the morning of April 22. They arrested Garza for trespassing and possession of marijuana, even though he had a prescription for medical cannabis in his wallet.

At the city jail, Garza finally got someone to acknowledge that he was experiencing a psychiatric emergency. He says he told jail staffers that he "didn’t care if he lived or if he died," and as a result, he was stripped of his clothes and placed naked in a cell for his own safety. "That nurse [at the jail] classified me as an emergency," Garza told us. "So one says I’m in an emergency, and the other [at SF General] says I’m not…. At what point am I going to get any help?"

To recap: When Garza voluntarily tried to find care, he was told he was not sufficiently distressed. Only when he was arrested and thrown into jail for demanding help was he declared a danger to himself. His "treatment" consisted of a strip search and a jail cell.

But that’s only the beginning of the insanity.

The Emergency Medical Treatment and Active Labor Act was passed in 1986 to prevent hospitals from triaging out, or dumping, difficult or impoverished emergency room patients like Garza, a former business owner, cabdriver, and bookkeeper who has been on Social Security disability since 1995. EMTALA mandates that any patient who goes to an ER must be given an "appropriate medical screening examination." After he got out of jail, Garza sued the city, SF General, Lewis, and other city employees, contending they violated his rights under the act. He could not afford a lawyer, so he represented himself.

In one of the strangest twists of this twisted tale, Garza finally made it into the inner sanctum of SF General’s PES as a result of his suit against the city. But as with his night in jail, the circumstances of his psychiatric care were not what he was expecting.

While Garza was giving a deposition at the City Attorney’s Office in March 2003, his behavior prompted staffers to call in the authorities. According to an official report of the incident, Garza made suicidal remarks like "I have no desire to live." He also allegedly said that he "needed/wanted bullets and a gun." These statements are not present in the 168-page deposition. Garza did acknowledge to the Guardian that he became upset that day, especially when questioned about his experiences at SF General and the suicide of his lover, but he claimed that deputy city attorney Burrell "set him up" and that the calls to the mobile crisis unit and police were part of "an attempt at witness intimidation." Whatever the reason for the calls, Garza was detained for a 5150, a procedure under which subjects are involuntarily committed for up to 72 hours. The City Attorney’s Office had no comment on the issue.

Amazingly, police took Garza to the same PES department at SF General where the saga began. This time, though, he made it past the lobby and received a medical screening exam, marked by a report and other SF General paperwork. The mere fact of this report’s existence, Garza claims, proves that he did not receive proper care when he went to the hospital voluntarily in 2001. Deputy city attorney Burrell informed Garza by letter that the only record the hospital could produce from his 2001 visit was a triage report filled out by Lewis, the nurse. EMTALA does not permit triage of a patient without a subsequent medical screening examination.

However, in pretrial motions, the city argued that Lewis treated Garza like any other would-be patient and thus complied with the law: "EMTALA requires hospitals to provide a screening examination that is comparable to that offered to other patients with similar symptoms." In other words, Garza’s treatment may have been poor, but so was everyone else’s, so he had no case, the city contended. Judge Phyllis J. Hamilton agreed and tossed out the suit.

Perhaps the strongest proof of Garza’s "adjustment disorder" and need for psychiatric care, ironically, is the fact that he continued to press his case even after his lawsuit was tossed out, taking on a health care system that could make anyone feel unhinged. For the past six years, he says, he has badgered "10 to 15" local, state, and federal agencies, as well as government officials like Sup. Bevan Dufty and aides to House Speaker Nancy Pelosi (D–San Francisco). In the process, he has compiled an encyclopedic collection of letters, petitions, records, and even audiotapes of phone conversations.

"There isn’t a single agency that’s in charge of anything," Garza said of his dealings with the health care bureaucracy. "You’re parsed. You’re sliced and diced and parsed as a medical patient … and it’s designed to fail."

Not surprisingly, Garza’s efforts to find accountability have irked some officials and members of the bureaucratic corps. When he requested a copy of his arrest report from the Sheriff’s Department, he received a mocking denial letter signed "R.N. Ratched," a reference to the asylum nurse in Ken Kesey’s novel One Flew over the Cuckoo’s Nest. As the Guardian reported in 2002, Sheriff’s Department legal counsel Jim Harrigan eventually confessed to penning the letter, but only after Garza raised a fuss before the Sunshine Ordinance Task Force.

At Garza’s urging, the Centers for Medicare and Medicaid Services (CMS) asked the California Department of Health Services to investigate his treatment at SF General. In a letter dated Nov. 13, 2006, CMS official Steven Chickering informed Garza that the DHS "found no violation of statue [sic] or regulations." Chickering concluded his letter to Garza by warning him to back off. "Your frequent communications have become disruptive, distracting, and nonproductive. Therefore I have instructed CMS Regional Office staff not to accept telephone calls from you in this matter."

Despite his setbacks with the CMS and other agencies, Garza pressed on. He contacted the Office of Inspector General at the federal Department of Health and Human Services and asked it for help. OIG spokesperson Donald White declined to discuss specific details of Garza’s case, but he did tell the Guardian that "Mr. Garza came to [the OIG] directly, and we contacted CMS, and they conducted another investigation."

That second investigation found an EMTALA violation after all.

On April 19, Garza’s relentless — some might say quixotic or even crazy — pursuit of what he calls the truth finally produced some results. Nearly six years to the day after his 2001 visit to SF General’s PES, hospital officials inked a settlement agreement with the OIG in which SF General conceded that Garza had not been examined properly, a violation of section 1867(e)(1) of EMTALA. Section 6 of the settlement states plainly that the hospital "did not provide [Garza] with an appropriate medical screening examination on April 22, 2001."

The hospital agreed to pay a fine of $5,000. But Garza, as White told us, "is not a party to the settlement." In other words, he got nothing.

"That’s the way EMTALA works," White said, meaning that hospitals found in violation of the law pay restitution to the government, not to the victim. "We took the steps required under the law."

Reached by phone, Iman Nazeeri-Simmons, SF General’s director of administrative operations, acknowledged that hospital officials signed the settlement agreement but noted that in the course of the investigation leading up to it, "the state did give us a very thorough EMTALA survey and came out with no problems."

"It has been made clear to Mr. Garza that he is more than welcome to come back and access services here," she added.

Garza denied that he had received any follow-up calls from SF General offering services, and he balked at the idea of returning there: "That’s like sending someone back to the priest that molested them." He told us he would like to pursue further legal action against the hospital and the city but still has not found a lawyer. After the settlement was signed, he claimed, he asked officials at the OIG "where I could go now for legal and medical help, and they told me, ‘That’s not our jurisdiction.’ "

"So even though I’m dead right, I’m still without help because everybody’s pointing fingers … as opposed to getting me the help I need, because they don’t care, they’re unaccountable," Garza said. "Ten different agencies told me I was wrong, and now [with the settlement] I’m right?"

He threw up his hands. "Does that make sense to you?" *

No scrubs

0

› cheryl@sfbg.com

Michael Moore is a divisive character, but he’s not the most controversial man in the United States. The first image in Sicko, the director’s first doc since 2004’s Fahrenheit 9/11, is of George W. Bush. But the liar in chief is only one of Moore’s targets this time around. In Sicko he goes after America’s entire health care system, examining how even folks who have health insurance are routinely screwed over by corporations that care more about profits than lives. Of course, he does it in typical Moore fashion, with big gestures, occasionally overwrought voice-overs, and a snarky humor that balance out what’s otherwise a gloomy tale.

There’s so much dejection here — babies dying because hospitals won’t treat them, Ground Zero volunteers being denied care, the exposure of corrupt insurance-company tactics, and worse — that comic relief is essential, Moore explained during a recent whirlwind visit to San Francisco. He’d just come from Sacramento, where the film was screened for enthusiastic members of the California Nurses Association.

"I’ll bet you that there are as many laughs in this film as some of my other films, but it doesn’t feel that way because there are so many sad moments," he said. "But you need that. The humor helps lead you from the despair to the justifiable anger."

Gimmicks like a Star Wars crawl to illustrate the hundreds of diseases insurance companies won’t cover lighten Sicko‘s tone, as do scenes in which Moore puts on his gee-whiz persona and travels to other countries (Canada, England, France) where emergency treatment comes quick and free and prescription drugs practically grow on trees. In France, he discovers, the government supplies nannies to do chores for new mothers — although I’m too cynical to totally accept that perk as the truth, especially since the mother interviewed is white and middle-class. Or is it my disgust with America’s shortcomings that clouds my judgment?

Disgust is what Moore is after, because it’s the kind of strong emotion that might actually motivate action. "I have to hold out some kind of hope that [change] is possible," he said. "[In Sicko, an American woman living in France] says, ‘The reason things work here is because the government is afraid of the people. In America the people are afraid of the government.’ So I’m hoping that people will stop being so afraid and apathetic and get involved."

One of Sicko‘s unlikely targets is former universal-health-care advocate Hillary Clinton — now among Washington’s top recipients of health-care-industry donations. In the film, the senator (and aspiring prez) is praised, then slammed, for her stance on the issue.

"I’ve always liked her. I had a chapter in my first book called ‘My Forbidden Love for Hillary.’ I always thought that she got a raw deal on the health thing that she tried to do. I could see instantly, as soon as she was in the White House, men were very threatened by her. There were whole Web sites devoted to her — hateful, hateful stuff," Moore said. "I have kind of a broken heart because of her votes on the war. And it was really sad, the discovery that she [later became] the second-largest recipient of health-care-industry money."

Moore, who said he’d lost 30 pounds in the past three months ("One way to fight the man!"), has high hopes for Sicko‘s long-range impact. "The whole system needs to be upended. If the American people actually listen to what I’m saying here, that we need to start rethinking everything in terms of how we treat each other and how we structure our society, a whole lot of other things are gonna get fixed, and we’re gonna be a better people. And I think the rest of the world is gonna feel a hell of a lot safer with a change of attitude."

Of course, Sicko wouldn’t be a Michael Moore movie without at least one moment that stays true to his prankster instincts. His controversial visit to Cuba has been well-documented elsewhere, so I won’t go into the details here. But I will say he was pretty delighted to ask, "Have you ever seen anyone sail into Guantánamo Bay?"*

SICKO

Opens Fri/29 in Bay Area theaters

See Movie Clock at www.sfbg.com

True TorrentSpies

0

› annalee@techsploitation.com

TECHSPLOITATION It’s no big surprise that entertainment megacorp Columbia is suing more file sharers. But there is something quite shocking about its latest infringement lawsuit against Web site TorrentSpy.com. With this lawsuit, Columbia is attempting to do nothing short of changing the way evidence is gathered via the legal discovery process. That means the entertainment industry has finally figured out a way to screw everybody in the United States — not just the geeks using peer-to-peer software.

Columbia is suing TorrentSpy for infringement because the site makes it easy for people to find information about where to download illegal copies of movies owned by Columbia. TorrentSpy doesn’t make the movies themselves available — it offers a search engine that locates files people can download via the file-sharing program BitTorrent. The suit says the guys who own the site are "inducing" others to infringe, as well as gaining secondary benefits from infringement because the site’s popularity and ad sales are boosted by pirates.

Here’s where things get hairy. During discovery, the period in a lawsuit in which both sides gather evidence, Columbia ordered TorrentSpy to hand over its user logs, electronic records of what people have done on the site. The problem is that TorrentSpy doesn’t keep user logs. So Columbia’s lawyers came up with a freaky, technically dubious argument. They claimed that TorrentSpy had technically been keeping logs anyway because user data passed through the Web site computer’s RAM — the part of the computer’s memory that never gets written to disk and saved. The mere fact that the data had flashed through the RAM was enough to make it discoverable, the lawyers claimed.

But all that stuff in RAM was gone. So how to get it back? Columbia’s lawyers told the judge that the owners of TorrentSpy could start keeping user logs during the discovery process and in essence re-create the missing logs. This was hugely controversial because discovery is only supposed to apply to already existing evidence. You can’t order witnesses or defendants to start gathering data today for you to subpoena in the future. But the judge, Jacqueline Chooljian, went for Columbia’s argument about the RAM: if the data had been in RAM for even a nanosecond, it existed in the past and was therefore subject to discovery.

The ramifications of this decision are far-reaching indeed. If the California ruling holds — it’s in the appeals stage right now — Columbia may have created a legal loophole that allows lawyers to order people to generate new evidence during discovery. Electronic Frontier Foundation attorney Fred von Lohmann, who has been following the case, told me via e-mail, "Because the ruling is based on the notion that ephemeral RAM copies are ‘records’ subject to preservation and production in litigation, it reaches deep into many businesses. For example, if you have a VOIP-based phone system (where conversations appear momentarily in RAM in your data center), are you responsible for recording every phone call for potential disclosure in litigation? What about IM conversations? Does everything created by a computer become a ‘producible’ record, just because it’s digital and therefore must rely on RAM?"

While the case is on appeal, TorrentSpy won’t have to start tracking its users. But if the appeal fails, TorrentSpy will have to spy on its customers to produce evidence. There is one hopeful sign: the judge has requested that TorrentSpy not hand over the unique IP addresses of its customers in logs, so the evidence can’t be used to go after individuals. However, the precedent of asking companies to create logs as evidence may remain in place.

Does this mean that the discovery process could become a way to wiretap parties to a lawsuit? After all, as von Lohmann points out, VoIP companies preserve phone conversations in RAM for a few brief seconds. One could easily imagine a plaintiff arguing that a VoIP company should start keeping audio files of all the phone calls between two parties to a case, since those audio files should have existed before. As a result, the plaintiff will have access to everything those parties say to each other after the lawsuit has been brought. Unfair? You bet. Legal? According to Judge Chooljian, yes.

If you’re worried about government-issued wiretap orders, maybe it’s time to start worrying about Hollywood-issued ones too. *

Annalee Newitz is a surly media nerd who has a hell of a lot of information about you stored in her short-term memory.

Remove Jew now

0

EDITORIAL Sup. Ed Jew should have resigned from the Board of Supervisors immediately after admitting to reporters that a May 18 FBI raid of his homes and offices recovered $40,000 in cash that he demanded from a constituent with regulatory issues.

Even if one believes his implausible story about intending to give the money to a playground project, Jew’s actions are still unethical, unseemly, and illegal. Politicians must never, under any circumstances, accept cash payments in exchange for services, and those who do belong in prison.

But he didn’t resign, choosing instead to put his personal ambition and stubborn refusal to take responsibility for his actions ahead of what’s best for the city and his constituents. Then, when public records and testimony from neighbors made it clear that Jew didn’t really live in District 4, as the law requires and as he declared in sworn statements under penalty of perjury, Jew should have been honest with the public instead of spinning still more elaborate and unbelievable lies. Again, he should have done the honorable thing and resigned.

But if the surreal rally his supporters staged June 15 at City Hall is any indication, Jew intends to keep fighting this until someone drags him from the building.

That’s what needs to happen now. It’s no longer about Jew but about whether a system designed to prevent these kinds of abuses works. People need to have their confidence in city government restored, and that requires immediate action by Mayor Gavin Newsom, Attorney General Jerry Brown, and the courts.

District Attorney Kamala Harris did her job when she investigated the residency issue and filed nine felony charges against Jew on June 12. City Attorney Dennis Herrera did his job when he set reasonable deadlines for Jew to prove his residency, then announced June 18 that he was pursuing action to remove Jew from office.

Now it’s Newsom’s turn. The time has come for him to do his job, and that means doing everything in his power to ensure that Jew is ejected from City Hall as soon as possible.

Same thing for Brown, who should immediately certify Herrera’s request to file a quo warranto lawsuit that would deem Jew unqualified for the office he holds and remove him. Whatever Superior Court judge gets the case should put this on the fast track and help give District 4 residents a qualified, reputable representative.

They don’t have that now. And until they do, there is a dark cloud hanging over City Hall that affects everyone inside. It’s time for Jew or the system to remove that cloud. *

The Queer Issue: Commitment slut

0

› culture@sfbg.com

I’m going to miss Pride this year. I’ll be on the East Coast at a wedding while queer sex parties and dungeons throw open their incredibly inviting doors to a host of the proud play-minded. Outlaws versus in-laws, polyamorous queers versus monogamous marrieds. Does it all come down to such fixed oppositions? For me, a bi girl with a boyfriend (who for the purposes of this article has asked to be identified by the curvaceous and inviting letter O), this question had reached the pitch of a psychic emergency.

It might seem obvious to you, dear reader, that like all nasty dichotomies this one was bound to wobble, to yield, to come undone. But some days it felt as though a bright line was running down my center and I had to choose a side. As Pride Month approached, I decided to resist and reinvent these oppositions with a little research of my own. What I found were queer activists fighting for same-sex-marriage equality while swinger parties thrived for horny partnered types of every ilk.

CRUISING THE GAME


And there I was in the middle: happy with O, really love-struck, but wondering where to go with my queer desires and identity. Crushes flickered. Girls floated around in my dreams like alluring phantoms. I vented, haltingly, to O. It’s the price a guy pays for dating a bi dyke. He was a sympathetic listener. And it wasn’t just a one-way conversation: O is erotically adventurous in his own right, and he’d revealed hints of unplumbed inclinations in the areas of pain play and submission. We’re pretty good at working through hard stuff with a minimal amount of drama, so it seemed both safe and exciting to experiment.

The quest for random sex presents a logistical conundrum for a shy person such as myself: I have a tendency to run in the opposite direction from anyone I find attractive, whether that obscure object of desire is a girl, a boy, or someone in between. And now that I’m done with my days of ecstasy and blackout drinking, I knew I’d have to be forthright in my quest for a bawdy experience.

My first stop was Fantasy Makers, a house of bondage and fetish nestled in an East Bay suburb. Lorrett, the house coordinator, gave me a tour of the facilities one late-spring afternoon. "This culture penalizes alternative sexualities," she said, her bright blue eyes flashing with intelligence and curiosity. "Normal!" She shuddered. "I hate that word."

Fantasy Makers offers toy shows, BDSM, and more (no actual sex between workers and clients, though — it’s illegal). Its hourly rate is the same for singles and couples, in order to encourage shared kinky experiences. Lorrett showed me the well-outfitted dungeon, replete with custom-built throne; the medical room, which featured a beautiful antique examination table and a complete array of surgical instruments; and the all-purpose room, which could be quickly cleared for any kind of wrestling one desired.

"Now I’ll turn you over to the girls," Lorrett promised, leading me down to the kitchen–<\d>employee lounge, where she introduced me to a swirl of workers. It was a hot day, and Mistress Tatiana looked up from her laptop wearing nothing but panties and an appraising grin. Priscilla and Elizabeth lounged on a long black couch and waited for calls to come in while watching a movie about strippers unionizing.

I was filled with hope on learning that one is not born a pro dom but rather becomes one: the Fantasy Maker folks filled me in on play parties and classes that are open to newbies and lifestylers alike. This crew favored the DIY style of Screw Up, a monthly BDSM instructional organized via Tribe.net by and for "freaky queers who don’t identify as male or female," as Priscilla put it. Topics range from flogging to mummification.

Tatiana talked about classes she teaches at Quality S-M, then neatly turned the tables to ask, "What about you?"

"Big dykey streak, boyfriend, open to playing with others together," I replied. That was the setup O and I had agreed on, and I discovered an abundance of creative commitment styles among the Fantasy Makers crew. One of the women was in a long-term open relationship and had just registered as a domestic partner with her genderqueer lover. Another had a primary submissive male friend and a panoply of mostly female playmates. And Lorrett had not one but two husbands.

TAKING IT OUTSIDE


I left Fantasy Makers feeling inspired and a tad electrified. It was time to move theory into practice. O and I did our makeup, squeezed hands, and set out for the queer-friendly Club Kiss, a monthly Mission District play party, along with our adventurous companion X. I would like to report that the stiletto-shaped love seat, the stripper pole, and the back room with its tiki theme and lurid row of mattresses all enabled me to happily re-create the careless, drunken foursomes of my college years, but in truth, I freaked out. I found myself on the sidewalk, orally fixating on cigarettes while hot jealousy spurted through my veins. O coaxed me back inside, where he soothed my wakened jealousy demon in the manner of a horse whisperer braving flying hooves. X, meanwhile, worked the room happily, as if arriving at a long-awaited home.

Finally, X, O, and I reunited, and as my head cooled, I tasted a little morsel of what these parties promise besides the obvious — the opportunity to witness a side of your partner you may never have seen before. For example, I learned that O likes to be tied up and spanked until he sees a white light while assembled parties look on in shock and pleasure. Who knew? I felt proud of O: raw, turned on, weird, excited, wounded, and open to a world of possibility.

That world of possibility is infinitely expanding, especially here in the Bay Area. There is, for example, the Queer Playground, a play party held on Pride Weekend at the bastion of worldly sex play in the Bay, the Citadel. The infamous Kinky Salon is also hosting something giant for its members of all genders. And Pride private play parties are multiplying by the dozen.

But I’ll miss it all, because of a wedding.

BI IN THE MIDDLE


It’s a weird thing, marriage. It makes me bitter that through the contingencies of gender, chance, and choice, I can chose whether or not to gain legal rights and social legitimacy with my current honey but couldn’t do so with past partners.

It wasn’t that I’d yearned for nuptials in my past decade of dating girls; in no way did I dream of the ostentatious engagements and rehashed nuclear-family model. I balked at those things, and if I ever thought of myself as married to my ex, I had married her in subtle and various ways that seemed more meaningful to me than public social contracts ever did — in road trips and alter egos, in getting to know each other’s families and then running away from holiday gatherings to smoke pot together in my little sister’s car. It seemed that our vows were forged of a shared, unspoken resistance to such conventions and institutions as marriage, and I took a roguish pride in sticking it out longer than the friends’ marriages that had come into being and died while she and I stayed together.

And now, happy as I am to destabilize gender binaries, to watch Bend Over, Boyfriend on repeat, to hold on to my queer family, to try sex parties on for size, I can simply marry O if I want to. Legally, civilly, so that we receive the roughly 1,000 rights granted by the federal government and the additional 500 given by the state. And on some days marriage seems like an adventure, a love riot, something we can define ourselves without accepting grody ceremonials or monogamy mandates. We can elope! Our honeymoon can be a class on flogging!

But here it is: straight privilege — mine. Bam. And bitterness doesn’t do much in the way of gaining those rights for my dyke-partnered buddies or my genderqueer friends whose identities don’t match up with the "man" and "woman" boxes on the marriage forms. So I checked in with Shannon Minter, legal director at the National Center for Lesbian Rights, to find out more about the fight for same-sex marriage equality.

Minter is the lead counsel in the marriage cases that are currently being tried before the Supreme Court of California. The lawsuits argue that California’s statutory definition of marriage violates equal-protection clauses in the state constitution by sanctioning discrimination on the grounds of sex and sexual orientation. Minter expects the cases to be settled within the year. While the outcome looks hopeful, the issue still needs plenty of support from queers and straight allies. According to Minter, four ballot initiatives seeking to amend the state constitution to define marriage as heterosexual have been submitted with the attorney general. "It’s pretty likely that Californians will be voting on this in 2008," he informed me.

Which gave me an idea for a present for the happy couple whose wedding will keep me from getting my queer on: a donation on behalf of the bride and groom to Equality California, an organization dedicated to outreach, education, and coalition building for same-sex-marriage equality. It ain’t no toaster, but the historical impact may be a lot greater.<\!s>*

www.fantasymakers.com

screwup.tribe.net

www.clubkiss.us

www.sfcitadel.org

www.kinkysalon.com

www.nclrights.org

www.eqca.org

Calling in the feds

0

› news@sfbg.com

An upscale Emeryville hotel embroiled in a nasty, yearlong labor dispute appears to have called on the owner’s conservative political connections to bring about an immigration audit of the hotel. Worker advocates say the move was an effort to intimidate immigrant workers involved in a campaign to enforce a living-wage law.

Kurt Bardella, a spokesperson for US Rep. Brian Bilbray (R–San Diego), told the Guardian that a representative of the Emeryville Woodfin Suites contacted Bilbray’s office for assistance Feb. 1.

The request came within weeks of Alameda County Superior Court and Emeryville City Council rulings requiring the Woodfin to rehire the 21 workers it fired just before Christmas, allegedly due to worker Social Security numbers not matching federal records. That injunction was in effect pending an investigation of workers’ claims that the hotel had retaliated against them for organizing to enforce Measure C, a living-wage law passed by Emeryville voters in 2005.

"We were contacted by one of the HR people at the Woodfin Suites," Bardella told us. "They told us about the situation" and explained that they "had no mechanism" to deal with it, he said.

Bilbray, who chairs the House Immigration Reform Caucus and is one of the most vocal opponents of the recent immigration bill, wrote directly to the head of Immigration and Customs Enforcement (ICE) in February to request that it investigate the immigration status of Emeryville Woodfin Suites employees in order to "to create a mechanism for the employer to address this issue."

Bilbray represents the suburban San Diego district in which Woodfin Suites president Samuel Hardage lives. "We treated this as a constituent issue," Bardella told us.

Hardage is not only a constituent; he has consistently contributed to Bilbray’s campaigns for at least the past 13 years, donating $4,200 in 2006. A George W. Bush Pioneer, having raised $100,000 for the 2004 election, Hardage is also a major player in California and San Diego Republican politics.

Workers say the ICE audit was an intimidation tactic that should not have been used against them while they were trying to assert their rights, and ICE’s internal policies raise questions about whether the agency should have gotten involved in this labor dispute.

For months the Woodfin Suites has tried to justify firing workers who organized for better labor conditions by alluding to fears of reprisal by ICE. In a May 8 San Francisco Chronicle op-ed, General Manager Hugh MacIntosh castigated the East Bay Alliance for a Sustainable Economy (EBASE), a labor-affiliated think tank that supports the hotel’s workers, for "resorting to well-worn intimidation schemes to secure workers’ support for their organization drives."

The "fact that our hotel has been asked by the U.S. Immigration and Customs Enforcement to provide employment records, coupled with the agency’s raids in the Bay Area, suggests that our actions are anything but voluntary," he wrote.

The Bilbray connection significantly undermines this claim and could be significant in a pending state lawsuit by the workers. It is against the law for an employer to fire workers for organizing for better working conditions, regardless of immigration status. Under current immigration laws, however, it is also common.

"Employers often contact immigration authorities … in order to avoid liability," Monica Guizar, an attorney with the National Immigration Law Center, told us. "It is a well-known and documented tactic that employers use to stymie union organizing campaigns [and] escape liability for vioutf8g workers’ rights."

In recognition of this abuse, memorandums from the Department of Labor and internal ICE regulations have been established to dissuade worksite interventions when a labor dispute is occurring. Advocates have successfully invoked these guidelines to terminate deportation proceedings and prevent raids in the past, but immigrant workers are still incredibly vulnerable.

ICE Special Agent’s Field Manual section 33.14(h) requires that agents use restraint where a labor dispute is in progress and the complaint about employees’ immigration status "is being provided to interfere with the rights of employees to … be paid minimum wages and overtime; to have safe work places … or to retaliate against employees for seeking to vindicate those rights."

Additionally, a 1998 memorandum of understanding between the Department of Labor and ICE (then known as the INS) directs immigration agents to "avoid inappropriate worksite interventions where it is known or reasonably suspected that a labor dispute is occurring and the intervention may, or may be sought so as to, interfere in the dispute."

Guizar confirmed that these regulations are still in place under ICE. Monica Virginia Kites, a spokesperson for ICE, declined to comment on these internal regulations.

At a noisy Saturday-morning picket in front of the Emeryville Woodfin Suites, Luz, a 42-year-old from Mexico City, told the Guardian that managers never questioned her immigration status during the three years she was a housekeeper at the hotel — until she started working with EBASE to enforce Measure C.

One day, Luz told us, her manager rushed her and other workers into the hotel’s attic, because "ICE was driving around outside and could come." According to Luz, the manager told them that "this could be a result of us supporting Measure C or working with EBASE."

The measure mandates a $9 per hour minimum wage for hotel workers and requires overtime pay for employees who clean more than 5,000 square feet of floor space during a shift. The Woodfin contributed $27,500 to an anti–Measure C campaign committee, filed two unsuccessful lawsuits that challenged its constitutionality, and then simply failed to comply with the law.

"They said we weren’t entitled to rights because we were immigrants," Luz recalled. "They started to say that our Social Security numbers didn’t match and that we would have to leave. This problem never came up until we asked for our rights."

In September 2006, Woodfin workers filed a class-action lawsuit seeking back pay. The Woodfin finally agreed to come into compliance with Measure C the following month, but it also told almost 30 workers that it had found problems with their Social Security numbers. On Dec. 15, the Woodfin suspended 21 workers and gave them two weeks’ notice that they were to be fired.

On the extensive Web site the Woodfin has devoted to the dispute, the hotel claims it was "forced to move to terminate their [workers’] employment" after receiving Social Security Administration "no-match" letters for them. "Today," it claims, "failure to act appropriately on a no-match letter may be considered evidence of an employer’s conscious disregard for the law."

This is false, according to Social Security Administration spokesperson Lowell Kepke. It is in fact "illegal for a company to fire an employee based solely on a no-match letter," he told us.

Because it has been so often abused, the letter itself states that employers "should not use this letter to take any adverse action against an employee…. Doing so could, in fact, violate State or Federal law and subject you to legal consequences."

An emergency ordinance returned workers to the Woodfin while the city investigated their retaliation claims, but on April 27 the hotel defied the ordinance by firing 12 immigrant workers, again citing problems with Social Security numbers.

The city issued a notice of violation; even probusiness city council member Dick Kassis, who opposed Measure C, called the Woodfin’s behavior "morally reprehensible" at a May 1 council meeting. On May 3 police arrested 38 people at a civil disobedience protest supporting the workers in front of the hotel, including Assemblyperson Loni Hancock and Berkeley city council member Kriss Worthington.

The almost maddeningly soft-spoken and reasoned Emeryville city council member John Fricke, who in February was the target of an unsuccessful restraining order filed by the hotel over his alleged "threatening" behavior, posed the following conundrum to us: why would a successful business continue to pursue litigation that is not cost-effective?

"I’m assuming their success is based on their business acumen," he said. Yet as a lawyer, he estimates that attorney fees are well above $100,000, on top of another $100,000 in fees borne by the city and at least that much in worker back pay. "You would think the wise business decision would be to cut one’s losses," he said.

One possible answer: EBASE organizer Brooke Anderson said this is actually an "ideological battle."

The Woodfin’s Hardage has spent more than $230,000 since 2000 to fund conservative politicians and ballot measures, including political committees that have taken antiunion and antitax positions on state and local ballot propositions, according to EBASE. He chaired the San Diego County Republican Party from 1995 to 1997 and has served as a fundraiser in several Republican campaigns.

Hardage cofounded the Project for California’s Future in 2001, which the Heritage Foundation describes as "a multi-year, multi-million dollar project" to prepare Republican candidates for California office and "represents a first-ever program to rebuild the conservative bench from the water board level on up."

The project’s cofounder is Ron Nehring, the passionately antilabor vice chairman of the California Republican Party and senior consultant to Grover Norquist’s Americans for Tax Reform. Nehring was also once director of government affairs for the Woodfin Suites.

A 2005 report by the Center on Policy Initiatives, a progressive think tank, names Nehring, Hardage, and Norquist among those who have helped the Republicans target San Diego as a model for their plan to radically cut government funding, permanently weaken labor unions, and privatize public services.

The ideological battle manifested itself at the Saturday-morning picket, which pitted roughly 15 College Republicans from Bay Area schools against 25 laid-off workers and supporters, each group with a bullhorn, separated by barricades and cops.

The Woodfin provided free rooms for the student counterdemonstrators, Ryan Clumpner, a UC Davis senior and chair of the California College Republicans, told us. Surrounded by signs such as "Quit ‘Stalin’: Get Back to Work," and "Respect the Law," Clumpner said he was "here supporting the Woodfin, which is being unfairly targeted by unions."

"I’ve actually done housecleaning," he said. Between semesters one summer, he said, he made $7 an hour cleaning rooms at UC Davis; immigrants supporting families in the Bay Area should also be content with this wage, he said. "If they want to make more, they can move up to supervisor positions," he said. "They’re here for a reason. This country is offering economic opportunities. The economic benefit is the reason they’re here, not the problem."

On the other side of the barricades, Luz said, "My idea is that you have to work hard and give a lot to the company so that they give something back to you in return. We gave them the best service, so they should give us reasonable salaries."

Retaliatory actions against immigrants organizing to improve their work situations have increased across the country in the past few years, just as high-profile raids have resulted in the detentions, arrests, and removals from the United States of thousands of immigrant workers.

The Woodfin is "an example of the need for just and fair immigration reform, coupling the legalization of undocumented workers in this country with strong labor- and employment-law enforcement," Guizar told us.

City Manager Pat O’Keefe told us that in the coming few weeks the city will be announcing a decision about its investigation into worker complaints and the Woodfin’s operating permit. *

A food bill for San Francisco

0

OPINION You may not have heard about it, but Congress is busy deciding the fate of America’s food supply: what’s grown, how it’s produced and by whom, and how that food will affect our health and the planet. The roughly $90 billion Farm Bill, covering everything from urban nutrition and food stamp programs to soil conservation and agribusiness subsidies, will dictate much about what we eat and at what price, both at the checkout line and in long-term societal costs.

Despite valiant progressive efforts that may bring some change, the big picture is not pretty: increasingly centralized power over food, abetted by lax antitrust policies and farm subsidies that provide the meat industry and food-processing corporations with cheap raw ingredients; huge subsidies for corn and soy, most of which ends up as auto fuel, livestock feed, and additives for junk food, fattening America’s waistlines; and, despite organic food’s popularity, a farming system still reliant on toxic pesticides (500,000 tons per year), which pollute our waterways and bloodstreams while gobbling up millions of gallons of fossil fuel.

Closer to home, residents in poor urban areas like Bayview–Hunters Point are utterly deprived of fresh, nutritious food. These so-called food deserts — whose only gastronomic oases are fast-food joints and liquor marts — feature entire zip codes devoid of fresh produce. Government studies show this de facto food segregation leads to serious nutritional deficits — such as soaring obesity and diabetes rates — among poor people.

What’s to be done? Congress needs to hear Americans — urban and rural alike — who are demanding serious change, and shift our tax dollars ($20 billion to $25 billion a year in farm subsidies) toward organic, locally oriented, nutritious food that sustains farming communities and consumer health.

Locally, with leadership from the supervisors, a progressive San Francisco food bill could be a model for making America’s food future truly healthful, socially just, and sustainable — and encourage other cities to buck the corporate food trend. Such a measure could include:

Organic and local-first food-purchasing policies requiring (or at least encouraging) all city agencies, local schools, and other public institutions, such as county jails and hospitals, to buy from local organic farms whenever possible.

Incentives — backed by education, expanding markets, and consumption of local organic foods — to encourage nonorganic Bay Area farmers to transition to sustainable agriculture, while subsidizing affordable prices for consumers.

Healthy-food-zone programs with targeted enterprise grants encouraging small businesses and farmers markets to expand access to healthy foods in poor neighborhoods identified as deserts.

A city-sponsored education campaign discouraging obesity-inducing fast food and promoting farmers markets and other healthful alternatives.

Zoning and other incentives for urban and suburban farming.

Ultimately, the city needs a food policy council — including farmers, public health experts, antihunger activists, environmentalists, and others — coordinating these efforts. The city needs a progressive food bill, merging the interests of urban consumers, Bay Area farmers, and environmental sustainability, for a policy-driven alternative to our destructive industrial food system. *

Christopher D. Cook

Christopher D. Cook is a former Guardian city editor and the author of Diet for a Dead Planet: Big Business and the Coming Food Crisis (www.dietforadeadplanet.com).

From the ashes

0

› a&eletters@sfbg.com

"They may label you, try to classify you, and even call you a crazy bitch — but don’t flinch, just let them," Honey of Radio Phoenix says to the women of New York City after her black feminist–run station gets bombed by government agents, after her comrade in arms is found dead in her jail cell, as the fireworks are about to go off in a certain tall tower in Lower Manhattan.

There’s no denying the evocative weight of that last image these days. But Lizzie Borden’s 1983 Born in Flames — and in particular, advice like Honey’s — comes to mind every time I watch a film in which grrrls are running riot in the street or on the radio or in the clubs, a slowly but surely growing subgenre as the decades pass (at least in my home video collection).

In the thin line of plot running patchily through Borden’s vérité-style feature, surfacing at the Roxie Film Center on June 22, the War of Liberation has brought about a single-party system run by Socialist Democrats, the postrevolution economy is in the toilet, and working women are bearing the brunt of the mass layoffs that have ensued. Adelaide Norris (Jean Satterfield) is the leader of the Women’s Army, a loose circle of radical lesbian feminists — or vigilantes, as they’re called on the nightly news — who, among other pursuits, patrol the streets on bicycles with whistles at the ready in search of men behaving badly.

Norris begins to see their basically peaceful efforts to gain equality going nowhere and becomes convinced that armed struggle is the only way to get the government’s attention and force a change. When she dies in jail, the news sends a charge through the gathering underground, bringing together disconnected feminist forces that have long kept their distance. Borden’s aim, perhaps unrealistic and perhaps naive, is to present an expanding patchwork of radicalized women unified across lines of class and race in the face of overarching sexism.

You couldn’t call the women of Born in Flames riot grrrls with a straight face. The spiky commentators at Radio Regazza — trash-talking, white punk-rock counterparts to Radio Phoenix’s Honey — look familiar, but this is the second wave of feminism personified (evidenced, for one, by an unquestioning opposition to sex work). But if Borden’s point in setting Born in Flames in a future United States run by socialists, of all things, is that nothing much has changed for the second sex postrevolution, there’s a parallel in watching as a new clan of young women is born in flames onscreen every few years.

Such latter-day films — Kristine Peterson’s 1997 Slaves to the Underground, documenting the Portland DIY scene of the early ’90s; Barbara Teufel’s 2003 part-fiction, part-doc Gallant Girls, set amid the direct-action anarchopunks of late-’80s Berlin — regularly surface at the Frameline fest. And this year adds a couple more to the pack: closing night’s Itty Bitty Titty Committee, a tale of teen radicalization by But I’m a Cheerleader‘s Jamie Babbit (who cites Born in Flames as an inspiration), and the Spanish film El Calentito, by Chus Gutiérrez, set in 1981 on the eve of a coup d’état by Fascist vestiges of Francisco Franco’s gang. These, as well as Flames contemporaries Times Square (Allan Moyle, 1980) and Ladies and Gentlemen, the Fabulous Stains (Lou Adler, 1981), are filled with rude girls hijacking the radio waves or the stage, flinging out slogans and manifestos, and screaming bloody murder. Though only Borden’s future radicals are prepared to cause it. *

BORN IN FLAMES (Lizzie Borden, US, 1983). June 22, 10:30 p.m., Roxie

Jew charged with felony perjury, voter fraud

0

By Steven T. Jones
District Attorney Kamala Harris has filed nine felony charges against Sup. Ed Jew. A release from that office indicates that Jew is being charged with perjury, falsifying government documents, and voter fraud, all related to his allegedly false claims to be a San Francisco resident (voting and running for office here) when he listed Burlingame as his primary residence of federal tax forms.
A warrant has been issued for Jew’s arrest and bail has been set at $135,000. This will likely remove Jew from office even before we get word from the FBI about whether they will recommend criminal charges for the raid on his office last month in which they reportedly recovered $40,000 cash that Jew had requested from a constituent with regulatory issues.
Harris press release follows:

Candid camera

0

› a&eletters@sfbg.com

Shohei Imamura’s 1961 film Pigs and Battleships opens with the impressive sight of gleaming modern buildings lining the landscape of an industrialized port town. This would-be idyllic image of newfound cooperation between the Japanese and the Americans is swiftly subverted with the upward yank of a crane shot, which ends with a bird’s-eye view of the neighboring area. Our new vantage point reveals the run-down, bustling alleys of the outlying red-light district, conspicuously teeming with carousing American sailors on shore leave and equally garrulous touts who aggressively steer the former at every turn to mob-run brothels, like farmers corralling swine.

Often considered the first real Imamura film, Pigs and Battleships is a wry satire of postoccupation Japan, where MacArthurization had laid the foundations for both a thriving black market and a fledgling democracy. Imamura would continually return to that distant perch arrived at in the film’s opening minutes, to better observe a Japan that lay just outside the established frame. The Brueghelian panorama of black-market profiteers, shopworn bar hostesses, American soldiers behaving badly, and amateur pornographers he captured from the 1960s onward is on full display in the 12 remaining features of the Pacific Film Archive’s current embarrassment of riches "Shohei Imamura’s Japan."

Imamura’s perspective is more akin to that of a child who, having picked up a rock, becomes fascinated with the squirming, dark world that’s thriving underneath than it is to that of a detached anthropologist, which his extended shots and lack of flashy editing sometimes lead critics to take him for. Social critique, while certainly present in Imamura’s films, is always paired with a certain delectation in watching the tawdry and the grotesque.

In early Imamura films like Pigs and Battleships and the black caper comedy Endless Desire (1958), in which five Osaka lowlifes celebrate the 10-year anniversary of the Allied victory by plotting to steal a hidden cache of Army-issued morphine, we see a Japan flush with the newfound freedom unleashed and bequeathed by the occupation and emboldened by the collapse of imperial authority.

The long hangover that carried into the late-’60s economic boom, exacerbated by the demands of the revitalized radical left for the government to come clean about the World War II skeletons still in its closet, also was not lost on Imamura’s camera. He was, after all, a member of the nuberu bagu (taken from the French nouvelle vague) rat pack, the iconoclastic children of Jean-Luc Godard and Coca-Cola who emerged in the 1950s and 1960s, chomping at the bit of a weakening studio system. His documentaries from the ’70s might be more soft-spoken than Oshima Nagisa’s fiery cinematic indictments against the government (Oshima’s 1968 Death by Hanging is necessary viewing), but they are no less damning.

A History of Postwar Japan as Told by a Bar Hostess (1970) is, as its title indicates, a prostitute’s narration of a chronicle from which she and those in her profession were largely occluded. The gradually widening distance between Akaza Etsuko’s tale and the official version Imamura contrasts it with via historical footage makes the truism that history is written by the winners feel depressingly deeper than a platitude, despite the director’s clearly felt empathy for the bruised woman speaking before him.

In Karayuki-san, the Making of a Prostitute, made three years later, Imamura interviews Zendo Kikuyo, a former karayuki-san, or "comfort woman," living in Malaysia who was forced to sexually service Japanese soldiers on the East Asian front. Much as Akaza’s recounting in History of her experiences with American soldiers parallels Japan’s submission to the United States, so Imamura here makes it clear that Zendo’s prostituted body became a tool of Japan’s colonial and imperial ambitions. However, the shaming silence that greets her as she attempts to reunite with relatives in Hiroshima later in the film seems far more painful than many of the wartime indignities she recounts with such unnerving calm.

That a Japanese filmmaker would so candidly take on an issue that many feel the Japanese government, even to this day, has not sufficiently redressed — as evidenced by last month’s US-Japan diplomatic tête-à-tête on the matter — let alone more than 30 years ago, is remarkable. In Akaza and Zendo, Imamura found real-life equivalents of Tome, the country girl turned prostitute and antihero of his 1963 classic The Insect Woman. These women who had no choice but to use and be used by the system in order to survive. Imamura may have viewed postwar Japan as something of a carnival, but in his long view we catch sight of his subjects’ humanity, shining through like the glint from an old coin, and sometimes we can even catch glimpses of grace. *

SHOHEI IMAMURA’S JAPAN

Through June 30; $4–$8

Pacific Film Archive

2575 Bancroft Way, Berk.

(510) 642-1124

www.bampfa.berkeley.edu

A secret hold on an FOIA bill

0

By Tim Redmond

An important bill to reform the federal Freedom of Information Act has cleared the Senate Judiciary Committee, but can’t go to the floor for a vote because one senator has placed an anonymous hold on it.

The Society of Professional Journalists has a good running total of which senators said they didn’t place the hold and which are not responding; you can find it here

Word in Washington is that the guilty party — the senator who wants to secretly block more public access to government — is John Kyl of Arizona.But the only way to prove that is to rule the others out, and that’s been done before. From SPJ’s action notice:

In August 2006, Sen. Ted Stevens (R-AK) put a hold on a bill to create a searchable public database of all federal grants and contracts. Stevens’ role was revealed only after online public advocates and journalists forced senators to go on the record about whether they placed the hold.

Both of California’s senators deny placing the block. If you live in one of the states where the senator hasn’t responded, call or email right away.

A secret hold on FOIA bill

0

By Tim Redmond

An important bill to reform the federal Freedom of Information Act has cleared the Senate Judiciary Committee, but can’t go to the floor for a vote because one senator has placed an anonymous hold on it.

The Society of Professional Journalists has a good running total of which senators said they didn’t place the hold and which are not responding; you can find it here

Word in Washington is that the guilty party — the senator who wants to secretly block motre public access to government — is John Kyl of Arizona.But the only way to prove that is to rule the others out, and that’s been done before. From SPJ’s action notice:

In August 2006, Sen. Ted Stevens (R-AK) put a hold on a bill to create a searchable public database of all federal grants and contracts. Stevens’ role was revealed only after online public advocates and journalists forced senators to go on the record about whether they placed the hold.

Both of California’s senators deny placing the block. If you live in one of the states where the senator hasn’t responded, call or email right away.

Green libertarians

0

› annalee@techsploitation.com

TECHSPLOITATION It sounds crazy, but it just might work: green libertarianism could become the new reformist movement in politics and cultural life.

In the 1980s, suggesting that green culture could be combined with libertarianism would have been worse than foolish. Those were the days when libertarians protested having to get their cars smog-checked because it represented government control of their personal property. But now that even staunch Republicans like Governor Arnold Schwarzenegger are promoting ecofriendly policies and business leaders like Silicon Valley venture capitalist Vinod Khosla are hanging out at the Sierra Club, it seems that the times, they are a-changin’.

Over the past decade, experts have slowly and quietly been publishing studies on how to bring green sensibilities into line with the free-market agenda of libertarians. Natural Capitalism, published in 2000, was one of the first books to advance this idea. Last year two Yale environmental researchers, Daniel Esty and Andrew Winston, published Green to Gold, which explores ways that companies like Wal-Mart are attempting to bring sustainability into their business models. Though Esty and Winston conclude that there are no companies currently doing enough to be truly green, they acknowledge that some are on the right track.

They also explain quite succinctly why free-market leaders have joined what they call the Green Wave. No, it’s not out of the goodness of their hearts. "Behind the Green Wave are two interlocking sources of pressure," they write. "First the limits of the natural world could constrain business operations, realign markets, and perhaps even threaten the planet’s well-being. Second, companies face a growing spectrum of stakeholders who are concerned about the environment."

A lot of Green Wave entrepreneurs are probably disingenuous. One imagines they’re like the antihero of underrated movie I Heart Huckabees, a slimy corporate type who feigns interest in green development to sucker a community into signing over its land to condo and mall developers. But I believe some real-life Green Wavers are genuinely fascinated by strange new ideas that could encourage economic growth and sustainable development. These are people who are talking about carbon credits, emissions trading, and various financial incentives for entrepreneurs who limit their environmental impact, recycle, use alternative energy sources, or encourage their employees to carpool.

The question is why would anybody want to marry green and libertarian values? It sounds like a way of letting business do an end run around international bodies and governments, groups that have traditionally set limits on industry. There’s no doubt that states should have a role in setting policies for local corporations, but those corporations need rewards for their good behavior too. That’s where capitalism comes in. Combining libertarianism with green values might be a pragmatic way to convince some of the worst polluters to cut back by essentially bribing them with cash. The state can step in to punish bad actors who refuse to try for the carrot.

On a less cynical note, one might say that libertarians and greens go together because both are focused on maintaining economic development in the long term. They aren’t looking at next quarter: they’re looking at next century. A green libertarian has realized that the freedom of future markets depends on maintaining a healthy environment.

If green libertarianism prevails, I’m guessing the future will look nothing like ecotopia and nothing like capitalist Utopia either. Business will behave more like government, limiting its growth for the sake of sustainability. And ecology as we know it will probably be a lot more engineered and synthetic than ever before because communities will carefully plan their ecosystems to remain healthy and whole alongside cities and corporations. We will reach a stage in our technological development when we have to manage our natural environments as well as our economic ones. Perhaps one day the capitalism that results from green libertarianism will know itself to be only one piece of a healthy social ecology. That’s the kind of capitalism that even a grumpy old Marxist like myself can get behind. *

Annalee Newitz is a surly media nerd who thinks the next best thing to smashing capitalism is changing it entirely.

Nuclear greenwashing

0

› amanda@sfbg.com

Patrick Moore’s presentation isn’t as slick as Al Gore’s. The slides he shows lack a certain visual panache and don’t compare to the ones in An Inconvenient Truth. Moore himself seems a little frumpy, particularly as he peers out across the audience recently gathered in the Warnors Theatre in Fresno.

But attendees paid $20 to hear the former Greenpeace leader extol the benefits of nuclear energy as a clean, safe, reliable, economic, and — perhaps most important to the current political and media focus on global warming — emissions-free source of power.

It’s hard to imagine Moore at the helm of an inflatable boat steering into the line of a whaling ship’s fire, but that iconic Greenpeace image is exactly what he wants you to associate with him. The Vancouver, British Columbia, native is quick to tell you he’s a former leader of one of the most effective international activist organizations ever. But he said he’s older now and wants to be for things instead of against them.

What’s Moore for? Warding off the warming of the world. What does he think will do it? More nuclear power plants.

If there’s any great and unifying issue thrumming through the national psyche, defying political party lines and flooding the media filters these days, it’s global warming. While leaders argue left and right about nearly every issue that comes before them, there is at least consensus that something must be done about climate change.

Gov. Arnold Schwarzenegger jumped on that bandwagon last September when he signed into law Assembly Bill 32, mandating a 25 percent reduction in carbon emissions by 2020.

Thirty-one states recently agreed to join a voluntary greenhouse gas emissions registry similar to California’s, 10 northeastern states are creating a cap-and-trade market, and already half the country has laws requiring that a certain percentage of local power portfolios come from renewable energy.

The alternative-energy troops who’ve long been waiting in the trenches have stepped up to fight, armed with the tools they’ve been honing for years: solar panels, wind turbines, tidal power, and biofuels. They say new options and innovations abound for weaning the country off its fossil fuel habit.

But there are already critics who say those approaches aren’t going to be enough — and that we need to go nuclear against this planetary threat. And now they have some unlikely new allies.

Maybe you’ve seen the headlines touting the new nuclear push, running in the New York Times, the Washington Post, the Los Angeles Times, and all the daily syndicates. They all claim the same questionable facts: Nuclear power is clean and emissions free. It’s safe, reliable, and cost-effective. It isn’t contributing to global warming — and these days even the environmentalists like it.

James Lovelock, the renowned Gaia theorist, thinks nuclear energy will be essential to power the developing world. On a Sept. 13, 2006, airing of KQED’s Forum, he told host Michael Krasny, "I would welcome high-level nuclear waste in my backyard."

During the hour-long program he said the dangers of radiation were exaggerated; there wasn’t that much waste generated; and in order to mitigate the increasing effects of climate change, we should "look at nuclear as a kind of medicine we have to take."

Stewart Brand, creator of the Whole Earth Catalog, thinks nothing is more doomsday than global warming and told the Guardian he advised Pacific Gas and Electric Co. to start touting nuclear power as a solution.

"The nuclear industry needs a new green generation," he told us. "My fellow environmentalists ought to be grateful to the nuclear industry for supplying 20 percent of our electricity."

And then there’s Moore, the 15-year Greenpeace veteran who once put his body in the way of a seal hunter’s club and wrote in an April 16, 2006, Washington Post op-ed, "My views have changed and the rest of the environmental movement needs to update its views, too, because nuclear energy may just be the energy source that can save our planet from another possible disaster: catastrophic climate change.

"Nuclear energy is the only large-scale, cost-effective energy source that can reduce these emissions while continuing to satisfy a growing demand for power. And these days it can do so safely."

The bio for the Post piece identifies Moore as cochair of "a new industry-funded initiative, the Clean and Safe Energy Coalition, which supports the use of nuclear energy."

It’s one of the few articles that make such a disclosure, although more probably should. A survey by Diane Farsetta, a senior researcher at the Center for Media and Democracy, came across 302 recent articles mentioning Moore and nuclear power as a possible option for mitigating the effects of global warming.

Only 37 — a mere 12 percent — said he’s being paid to support nuclear power by the Nuclear Energy Institute (NEI), a national organization of pro-nuke industries that’s hired Moore to front its nuclear renaissance.

Only the Columbia Journalism Review has drawn the further connection that Hill and Knowlton has been paid $8 million to help the NEI spread the word that the nukies have the silver bullet for solving global warming.

Hill and Knowlton knows a little something about pushing dangerous products. The company created the tobacco industry’s decades-long disinformation campaign about the effects of smoking. Veterans of that campaign then helped ExxonMobil try to bury the truth about global warming.

Before laughing these folks out of the reactor room, consider this: Nancy Pelosi and Dianne Feinstein, who’ve been against nukes in the past, are now suggesting nuclear energy needs to be considered in light of global warming.

Al Gore and Hillary Clinton have also made similar recent murmurings. Of all the major 2008 presidential candidates, only Dennis Kucinich and John Edwards have offered up energy plans that don’t include more nukes.

Eight states are working on pro-nuclear legislation, and although a bill to lift the moratorium on new plants in California was shot down in the Assembly’s Committee on Natural Resources, its sponsor, Chuck DeVore (R-Irvine), told us he intends to introduce it again and again until it passes.

In the meantime a private group of Fresno investors has signed a letter of intent with a nuclear power company to put a 1,600-megawatt nuclear plant in the San Joaquin Valley. So far the only thing stopping the group is the state’s 30-year-old moratorium, which says no new nuclear power plants may be built in California until a permanent solution to the waste is established. The investors are already working on a November 2008 ballot measure to end the ban and allow new nuclear plants.

A new nuclear plant hasn’t been built in the United States since 1978, when concerns about safety, cost, and the long-term waste management challenge (nuclear rods will still be deadly hundreds of thousands of years from now) overwhelmed the industry.

But if there were ever an opportunity for a nuclear renaissance, the threat of climate change has created one. And the poster child is Moore, a relatively innocuous Greenpeace exile who’s traveling around the country with a B-movie version of Gore’s Oscar-winning documentary, speaking to communities and drumming up what he calls a grassroots coalition of mayors, business leaders, and community activists. He’s steadily convincing them we need more nuclear power by trading the classic doomsday scenario of a massive radioactive explosion for the creeping killer global warming.

"I’m aghast," Dr. Helen Caldicott, an Australian who helped found Physicians for Social Responsibility and is one of the most prominent international critics of the dangers of nuclear energy, told us.

Caldicott, who’s authored several books on the subject, most recently Nuclear Power Is Not the Answer (2006), said, "I’ve never seen a propaganda exercise which is so fallacious. Both the politicians and the media are buying it."

She and other nuclear watchdogs who’ve been patrolling the industry for more than 30 years say it’s anything but a safe, reliable, economic, and emissions-free silver bullet.

Let’s look at the facts.

SAFETY


When it comes to safety, Moore told us, "US nuclear power plant employees enjoy the so-called healthy worker effect: people employed at the plants have lower mortality rates from cancer, heart disease, or other causes and are likely to live longer than the general population."

To support this claim, he cited a 2004 Radiation Research Society study of 53,000 workers. After reviewing it, Caldicott said, "I’m very suspect. There’s nothing here about people who are living with cancer."

Caldicott admits there’s a void of data about the health of nuclear workers and people who live near plants. The Nuclear Regulatory Commission doesn’t mandate baseline studies of cancer rates in areas surrounding the sites of nuclear facilities.

But people living near Three Mile Island, the Pennsylvania plant that came within minutes of a catastrophic meltdown in 1979, demanded studies, which found evidence of increases in thyroid cancer in the region. And Caldicott, in her recent book, pointed out that there are a number of things the government doesn’t want to admit. "To this day there is no available information about which specific isotopes escaped nor the actual quantity of radiation that was released," she wrote, going on to detail how, for lack of sufficient data about the distance the radiation may have spread, scientists studied the rates in the livestock of nearby fields and found supporting evidence that the plume of poison spread as far as 150 miles away.

And of course, there’s Chernobyl, where a 1986 nuclear-plant disaster caused lasting health problems and contaminated a huge swath of what was then the Soviet Union.

The unavoidable fact is that the industry thus far has had two terrible, nightmarish accidents, one of which was catastrophic and the other very nearly so.

And every part of the nuclear-power cycle involves serious health risks.

"You want to get really sad?" asked Molly Johnson, a lifelong environmental justice activist and San Luis Obispo County resident. "Go to New Mexico, go to Arizona, see the families that are dying because of the uranium mining. Their water is irradiated from the uranium tailings that are still there…. Why would we continue that?"

These days intentional attacks are even more of a concern. But Moore isn’t sweating. He said he thinks a plane colliding with a power plant is unlikely, even though the 9/11 Commission Report found that al-Qaeda operatives at one point considered aiming for the Indian Point reactor in New York.

Even if a jet hit a plant, Moore insists, the plant would be strong enough to withstand a collision. "If you drove an airplane into that, it would just be one messed-up airplane you’d have to deal with," he said.

Not exactly, say the critics.

"He is just dead wrong about reactor security. Breathtakingly misinformed," said Dan Hirsch of Committee to Bridge the Gap, a public interest group that’s been studying nuclear power and proliferation issues for nearly four decades. "Virtually no reactor containment in the US was designed to withstand a hit by a jumbo jet. Significant parts of the plant essential to preventing a meltdown are outside containment anyway."

Hirsch is speaking of power lines, which transmit electricity from the plant and also carry electricity to it — power that’s used to keep dangerous components cool and safe. If that power were cut off for any length of time, a meltdown could occur in the pools where explosive spent fuel is kept.

These spent-fuel storage areas — essentially big swimming pools where radioactive waste is kept underwater until a long-term storage facility is built — rely on a steady pumping of water to cool the superheated waste. All you’d have to do is stop that water pump, and there’d be a meltdown. And the storage areas don’t necessarily have the same fortified structures as the reactors.

Hirsch said, "A successful attack on a nuclear plant or, even worse, a spent-fuel pool would be the worst terrorist event to ever occur on earth by far, capable of killing over 100,000 people immediately and hundreds of thousands of latent cancers thereafter, contaminating an area the size of Pennsylvania for generations."

There’s no immediate solution in sight for long-term storage, so these pools of deadly waste will likely remain on reactor sites for many years.

San Luis Obispo County’s Mothers for Peace recently sued the NRC over the newly established laws regarding protection against terrorist attacks, which only require plants to be able to ward off five potential external terrorists on the ground. It took 19 people to pull off the Sept. 11 attacks. The 9th Circuit Court of Appeals in San Francisco ruled that power plant operators must also consider the possibility of an air attack when designing spent-fuel storage tanks.

Mothers for Peace is fond of noting that existing security measures aren’t what you’d call foolproof. During a recent earthquake, 56 of 131 sirens in the San Luis Obispo area — designed to alert residents of a possible accident at the plant — didn’t go off because the power was out and they aren’t backed up by generators or batteries.

When Mothers for Peace and the Alliance for Nuclear Responsibility brought the failure to the attention of the NRC, the agency said that nothing is perfect and that the sirens over the course of 1,000 hours worked 99 percent of the time.

"Except the five hours you’d actually want them to work," David Weisman of the Alliance for Nuclear Responsibility said.

Nuclear power is either a creeping killer or a sitting bomb. Wind farms and solar-panel arrays are not leaching poisons into the environment. They’re not direct targets for terrorist attacks, and if they were, the result wouldn’t be all that horrible. Imagine cleaning up a bombed wind farm versus a nuclear power plant.

"Wind farms are on nobody’s list of targets," Weisman added. "If a windmill falls and there’s no one there to hear it, do you need an emergency evacuation plan?"

RELIABILITY


A centerpiece of the pro-nuke argument is that nuclear power is a baseload source, meaning it can generate energy all day, every day. Solar and wind, of course, rely on the cruel (and unpredictable) forces of nature to generate power.

But one could argue the same about nuclear power plants. They’re run by people — and the record of those operators isn’t encouraging.

Moore expressed great confidence in the Nuclear Regulatory Commission: "They have very, very stringent requirements and regulations. It’s all there for anybody to see. All of these reactors are inspected regularly. There is no reason in my estimation to suspect the NRC of anything other than being a responsible watchdog agency. If you want to take the time to dig into it, you can find out what’s going on."

David Lochbaum does take that time — and he’s found out a lot. After working for 17 years as a consultant to the NRC, he joined the Union of Concerned Scientists (UCS) as a nuclear-safety engineer. He spends his days combing NRC reports and documents and compiling studies on the safety of the industry. His experience and research have caused him to conclude that the commission can’t stay on top of the 103 plants in the country.

"We get a lot of calls from workers in the plants, and NRC employees that have safety issues they’re afraid to raise," he said. "We had three calls last week. That’s a little more than usual, but we usually get 50 to 60 whistleblower calls a year." He said sometimes the workers have already raised the issue internally but need an ally to force a remedy at the plant. Other times they’re afraid to speak about what they’ve seen without fear of retaliation.

Lochbaum authored a September 2006 study for the UCS titled "Walking the Nuclear Tightrope" on the issues of safety and reliability. It’s a chilling read; it carefully outlines how regulators have been complicit in allowing plants to operate far longer than they should and how these overstressed plants eventually have to be shut down for years to restore safety standards. He found that in the last 40 years plants have ground to a halt for a year or more on 51 occasions. In most cases it wasn’t a spontaneous incident but an overall decaying of conditions that compromised safety.

"Some observers have argued that the fact no US nuclear power reactor has experienced a meltdown since 1979 (during which time 45 year-plus outages have occurred) demonstrates the status quo is working successfully," Lochbaum wrote. "That’s as fallacious as arguing that the levees protecting New Orleans were fully adequate prior to Hurricane Katrina by pointing to the absence of similar disasters between 1980 and 2004."

One of the most recent and chilling examples is the 2002 outage of the Davis-Besse plant near Toledo, Ohio, where a hole the size of a football was discovered in the vessel reactor head. Only a half inch of steel remained to prevent a massive nuclear meltdown. The plant was overdue for a shutdown and an inspection and had been granted the extension by the NRC.

When asked what he thought about that close call, Moore said, "I didn’t think it was a close call. I thought it was a mechanical failure that should have been caught sooner. It was caught long before it became an accident or anything like that."

"When you say close call, that means that nothing actually happened," he concluded.

But when there’s a facility where an accident could lead to mass deaths, even close calls are grounds for concern. That’s why we have to hold nuclear plants to such high standards. And the fact that plants have to close so often to avoid disastrous accidents doesn’t say much for the reliability argument.

EMISSIONS


This may be the issue on which the pro-nukers make the most headway. Moore cites a number of international studies, posted on the NEI’s Web site, that show nuclear plants competing only with hydropower when it comes to emitting the lowest level of carbon dioxide. Even solar panels and wind turbines, when one factors in the entire energy process, emit more greenhouse gases, according to these studies, though all these power sources release significantly less than burning coal or natural gas.

The anti-nuke crowd says a true study has never been completed that quantifies the CO2 emissions from mining uranium and turning it into usable nuclear fuel. Both are heavily energy intensive. Additionally, they argue that transporting waste will incur even more CO2 emissions, whether it’s shipped across the sea for reprocessing in Europe or trucked across the country for burial in Yucca Mountain.

But the waste itself is also a huge issue. Although nuclear power plants don’t have bad breath, they do emit toxins — and it’s an unresolved issue as to where to put them. The current forecast for opening the Yucca Mountain repository is 2021. Senate majority leader Harry Reid of Nevada opposes building the facility, and he’s pushing a bill that would require plants to keep the crud in their backyards.

"They’ve had 50 years to work on the waste issue," Weisman said. "And the best solution they’ve come up with is, who do we not like enough to send it to?"

Either way, Moore thinks waste is not a problem. If anything, it should be reprocessed — he likes to call it "recycling." Under that process, spent fuel is bathed in acid to separate out the usable plutonium. That can be followed by vitrification — a complex, energy-intensive process of suspending the highly radioactive and corrosive acid in glass, which is then sealed in expensive trash cans of steel and concrete and buried underground for at least 300 years, after which point he predicts it should no longer be a problem.

"It makes more fuel," he said.

Actually, Hirsch said, "it makes more weapons-grade plutonium." He argues that the last thing the nation should do is allow nuclear-plant operators to separate the plutonium and put it on the market, where it can be leaked for bomb making.

Additionally, there are a number of waste sites around the country that are slowly emitting what they’ve been designed — or not designed in some cases — to contain.

The worst is probably in Hanford, Wash., where decades’ worth of reprocessed spent radioactive fuel pushed the area beyond Superfund status into a "national nuclear waste sacrifice zone.

"Hanford is the most contaminated site in North America and one of the most significant long-term threats facing the Columbia River," Greg deBruler, of Columbia Riverkeeper, wrote in the Fall 2006 issue of Waterkeeper, the group’s quarterly journal. "It’s difficult to comprehend the reality of Hanford’s 150 square miles of highly contaminated groundwater or its 53 million gallons of highly radioactive waste sitting in 45-year-old rotting steel tanks."

Much of that waste includes leftover reprocessed spent uranium fuel, which ate through its casks and poisoned the community’s drinking water.

Moore said, "It’s not as if everyone is dead. The nuclear waste has been contained."

Not exactly a ringing endorsement.

ECONOMICS


"The economics of nuclear power are well proven around the world. It is one of the most cost-effective forms of energy," Moore said.

Just check the record. Of the 103 reactors that were built in the United States, 75 ran a total of $100 billion over budget. India more recently went 300 percent over budget on its 10 reactors. Finland is already 18 months behind and $1 billion over on a reactor.

Given this track record, the Department of Energy’s Energy Information Administration "Annual Energy Outlook 2005" reported that "new plants are not expected to be economical." They’re so risky, in fact, that not a single plant could have been built without the 1957 Price-Anderson act, which moves the liability for a nuke plant off its owners and onto US taxpayers. "If they were really economical, they’d be able to get insurance," Weisman said. The bill was recently renewed.

The nuclear industry forges on unperturbed, claiming that new plants have been streamlined for easier construction. Additionally, the siting and licensing laws for plants have been changed to speed up the process by precluding public input. (Given the industry’s safety record so far, that’s not comforting.) Experts predict it will now take 10 years to build a new nuclear plant. Thirty-four licenses are currently pending at the NRC as utility companies race to secure the $8 billion the federal government set aside for subsidies.

"Imagine how many wind turbines that could buy," said Harvey Wasserman, a longtime anti-nuke activist who recently authored the book Solartopia, which outlines a plan for completely renewable energy by 2030. In fact, renewables are far cheaper. Building the facilities to create one gigawatt of wind power costs about $1.5 billion; about two gigawatts could replace the Diablo Canyon Power Plant.

THE BOTTOM LINE


In the end, it comes down to money, and that’s where nuclear power may be the most vulnerable.

Sam Blakeslee, a Republican Assembly member from San Luis Obispo, introduced a bill last year that calls on the California Energy Commission (CEC) to conduct an in-depth study of the true costs of nuclear power to assess its viability as part of California’s future energy plans. The bill passed unanimously, and Schwarzenegger signed it.

"This will be cradle to grave," said Weisman, of the Alliance for Nuclear Responsibility, which has focused its scrutiny on the industry’s costs.

The group has long been suspicious of PG&E’s financial woes, which came to a head this past March when the California Public Utilities Commission allowed the company to use $16.8 million from ratepayers to fund its in-house study of relicensing its two nuclear plants. "The licenses won’t be up until 2023 and 2025, so why are they looking at relicensing now — and why does it cost $16.8 million when the state’s study is projected to cost $800,000?" Weisman asked.

Assemblymember Mark Leno (D–San Francisco) is introducing a bill this year that will undercut PG&E’s study before the CEC’s analysis is completed, which is expected to occur around November 2008.

"Our very simple idea here is that before any relicensing of our aging nuclear power plants can proceed, the CEC study be completed," Leno said. "Clearly, PG&E is very eager to move forward its relicensing process. They have many years to accomplish that task."

Leno said the stakes are too high and the inherent risks of the toxins already accumulated in seismic zones along the coast need to be carefully weighed against the prospects of generating even more waste. "We should proceed with absolute caution, forethought, and consideration."

NOWHERE TO RUN


Those risks, that caution, are something that never leaves the minds of the people who live in the plants’ fallout zones, areas as vast as a steady breeze or trickling flow of water can make them. That’s really the problem with nuclear power plants. After 50 years there are still too many unknowns. In Moore’s lectures and during interviews and debates, the former Greenpeace activist likes to say more people are killed by car accidents and machetes than by nuclear power plants, but that mocks the magnitude of a meltdown.

A car accident kills at most a few people. A machete attack might kill one person. A nuclear accident has the potential to inflict casualties in the tens of thousands, maybe even millions, and to render entire cities uninhabitable. And while most of the time, most of the plants may be perfectly problem free, it only takes one accident to wreak environmental havoc.

These days opposition to nuclear energy isn’t about mass protests in the streets. "When KQED calls and asks for the sounds of a protest, I say that’s not how it happens," Weisman said while showing a DVD of a Jan. 31 San Luis Obispo County Planning Commission meeting that droned on for more than 12 hours. The meeting ultimately resulted in what he’d hoped for: a continuing delay of PG&E’s permit to site new dry-cask storage tanks for thousands of tons of nuclear waste accumuutf8g at the Diablo Canyon Power Plant. He and Rochelle Becker, the group’s director, sat through the whole thing. "That’s what protesting is now," he said.

Becker, a pert, soft-spoken woman with the aging visage of the youngest grandmother in the room, said correctness is crucial. "Never, ever exaggerate. When they want to talk about safety issues and isotopes, we refer them to someone else because we don’t have that expertise. All we have is our credibility, and if we lose our credibility, we don’t have anything."

THE PLUTONIUM PAYCHECK


Which makes what Moore is doing look like such a travesty.

"Maybe we should hire Hill and Knowlton," joked James Riccio, Greenpeace’s nuclear-policy analyst in Washington, DC, on thinking about gearing up for a new wave of anti-nuke activism.

To Riccio, Wasserman, Weisman, Hirsch, Caldicott, and many others who spoke with the Guardian, Moore is nothing but a dangerous distraction who’s getting the wrong kind of attention. Wasserman disputed Moore’s credentials as a Greenpeace founder in the Burlington Free Press article "The Sham of Patrick Moore."

When questioned by the Guardian, Moore called Wasserman a jerk. Moore said he’s still an activist — and in addition to parroting for the nuclear industry, he runs a sustainability consulting company, Greenspirit Strategies, which advises industries on controversial subjects like genetically modifying organisms, clear-cutting, and fish farming. His clients include hazardous waste, timber, biotech, aquaculture, and chemical companies, in addition to conventional utilities that process nuclear power and natural gas.

Moore insists he’s not hiding anything. "In every interview I do the reporter already knows that I’m cochair of the Clean and Safe Energy Coalition and that I work for the nuclear industry," he told us.

But Moore did not identify himself as such during a lengthy interview with us until we asked. The disclosure was also missing during the long biographical presentation given to the folks in Fresno on Feb. 22, which did include pictures of his Rainbow Warrior days. Again, on May 24, Moore didn’t mention his plutonium paycheck during a radio debate on KZYX. Neither did the moderator, and it was only when Hirsch, his debating partner, got a moment to speak that it was revealed. "Let’s be clear here, Patrick," Hirsch said. "You’re being paid by the industry." *

Joseph Plaster, Andrew Oliver, and Sam Draisin helped research this story.

Too quiet in Oaxaca

0

By John Ross
OAXACA, OAXACA (May 27th) — On the first anniversary of the beginning of last summer’s feverish uprising here, the city’s jewel-box plaza which had been occupied for seven months by striking teachers and their allies in the Oaxaca Peoples’ Popular Assembly (APPO) from May until October when federal police forced them into retreat, shimmered in the intense spring sunbeams. The only massive police presence on view was the city police department’s orchestra tootling strident martial airs to a shirt-sleeved crowd of gaffers. Here and there, handfuls of burley state cops, sweltering in bulletproof vests and helmets in hand, huddled in the shade quaffing aguas frescas (fruit water) and flirting with the senoritas.

Evidence of last summer’s occupation has been obliterated. Surrounding government buildings have been scrubbed clean of revolutionary slogans and no marches were scheduled to commemorate last May 22nd when the teachers first established their camp in the plaza. Indeed, militant members of Section 22 of the National Education Workers Union (SNTE) were not encamped in the stately old square for the first time since the section’s founding 27 years ago. Ulises Ruiz Ortiz (URO), the object of their fury, was still the despotic governor of Oaxaca.

Despite the relaxation of U.S. State Department travel advisories and the apparent calm, few tourists were strolling the cobblestone streets of Oaxaca’s historic center and the cavernous colonial hotels around the plaza were virtually deserted.

The 2006 uprising has put a serious kibosh on the international tourist trade, the backbone of the local economy. If the experience of San Cristobal de las Casas after the 1994 Zapatista uprising is any lesson, the tourist moguls will take years to recoup.

“Apparent calm” is a euphemism oft utilized to describe the uneasy lulls that mark social upheaval in Mexico. True to the nation’s volcanic political metabolism with its fiery spurts of molten fightback and sullen, brooding silences, the Oaxaca struggle seems to have entered into a period of internal contemplation.

Government repression, which featured death squad killings and the jailing of hundreds of activists, slammed the lid down on the social stew but did not extinguish it. Discontent continues to brew and fester, the bad gas building down below. The structures of the Popular Assembly and the teachers union, which served to catalyze this discontent throughout 2006, remain intact.

To be sure, the social movements that lit up red bulbs as far away as Washington last year are not enjoying their best moments. Section 22, which itself is a loose amalgam of left factions, is wracked with division and dissonance, and its titular leader, Enrique Rueda Pacheco, is held in profound contempt for having forced the strikers back into the classroom last October and abandoning the APPO to savage government repression.

Moreover, in response to the 70,000-strong Section 22’s rebellion against the leadership of the National Education Workers Union (SNTE), union czarina Elba Esther Gordillo, a close confidante of President Felipe Calderon, chartered a new Oaxaca local, Section 59, to diminish the control that the militants exert over the state’s classrooms.

The division has put a dent in the teachers’ usual aggressive stance and instead of walking out this past May 15th, National Teachers Day, when new contracts are negotiated, Section 22 tentatively accepted a 4.8 percent base wage increase (above the 3.7 percent Calderon had conceded to other sectors) and 122 million bonus pesos to “re-zone” Oaxaca for cost of living increases in this tourism-driven state.

Although the “maestros” did participate in a two-day boycott of classes in May to protest the Calderon government’s privatization of government workers pension funds, whether the teachers will take part in an indefinite national walk-out June 1st that has been called by dissident education workers organized in the Coordinating Body of Education Workers or CNTE, remains unresolved at press time.

Nonetheless, the teachers’ disaffection with Ulises remains strong and Section 22 spokesperson Zenen Reyes last week (May 23rd) called upon the teachers and the APPO to push for cancellation of the Guelaguetza, an “indigenous” dance festival in July that has become Oaxaca’s premier tourist attraction. Last year, the strikers and the APPO destroyed scenery and denied access to the spectacle, forcing URO to suspend the gala event. In its place, activists reclaimed this millennial tradition of Indian cultural interchange by staging a “popular” Guelaguetza in the part of the city they were occupying, and plans are afoot to repeat that celebration this year.

The Oaxaca Popular Peoples Assembly, which came together after the governor sent a thousand police to drive the maestros out of the plaza last June 14th and which at one time included representatives of the state’s 17 distinct Indian peoples and many of the 400 majority indigenous municipalities plus hundreds of grassroots organizations, is equally fractured. Having borne the brunt of the repression – 26 killed, 30 disappeared, hundreds imprisoned – the Popular Assembly has been reduced to a defensive posture when only months ago it was an aggressive lightning rod for social discontent.

Even more debilitating than the government crackdown has been the prospect of upcoming local elections August 7th to choose 42 members of the Oaxaca legislature and October 5th balloting for 157 non-Indian municipal presidents (majority indigenous municipalities elect their presidents via traditional assemblies.) While the APPO considers that its goals transcend the electoral process and rejects alliance with the political parties, some Popular Assembly leaders engage in a quirky dance with the left-center Party of the Democratic Revolution (PRD) which last July almost catapulted Andres Manuel Lopez Obrador (AMLO) into the presidency.

Prominent APPO mouthpiece Flavio Sosa, jailed by Calderon as his first political prisoner, is a former Oaxaca party leader and the PRD has mobilized to achieve his release.

Perhaps the cruelest blow the APPO and the striking teachers struck against Ulises came during July 2nd 2006 presidential elections. Although URO had promised the long-ruling (77 years – at least in Oaxaca) Institutional Revolutionary Party (PRI) a million votes for his political godfather Roberto Madrazo, the popular movement inflicted the voto del castigo (punishment vote) against the PRI, handing the state to AMLO’s presidential bid in addition to electing both PRD senators and nine out of 11 federal representatives to the new congress for the first time ever.

The left party seemed positioned to bump Ruiz again in 2007 by taking the state legislature and neutralizing the tyrannical governor’s clout. But instead of rewarding the APPO and Section 22 for having dumped the PRI in 2006, the party has responded by excluding activists from its candidate lists.

“If, at one time, there was hope that elections could provide a solution to the conflict, exclusion of the APPO has canceled them,” writes Luis Hernandez Navarro who follows Oaxaca closely for the national daily La Jornada.

One Oaxaca-based PRD insider who preferred not to be named confides that APPO activists were vetoed by the left party’s national leadership least front-page photos of the candidates hurling rocks during last summer’s altercations lend credence to the perpetual allegations of the PRI and Calderon’s right-wing PAN that the PRD is “the part of violence.” Most local candidacies were distributed in accordance with the laws of PRD nepotism and amongst the party’s myriad “tribes.”

The exclusion of the APPO activists so infuriated 50 members of grassroots organizations led by Zapotec Indian spokesperson Aldo Gonzalez that they stormed the PRD’s Oaxaca city headquarters May 18th, leaving its façade a swirl of spray-painted anguish. The failure to select candidates from the popular movement, Gonzalez and others charge, throws the elections to URO, suggesting that the PRD has cut a deal with the APPO’s arch enemy.

Given the hostilities the upcoming elections have sparked so far, the August and October balloting could well signal another “voto del castigo” – this time against the PRD.

The election season was in full swing by mid-Spring in Oaxaca. PRD leader Felix Cruz, who had just coordinated Lopez Obrador’s third tour of the Mixteca mountains (AMLO was conspicuously absent during last summer’s struggle), was gunned down in Ejutla de Crespo on May 21st. Juan Antonio Robles, a direction of the Unified Triqui Liberation Movement (MULT), a participating organization in the APPO, met a similar fate the next day. That same week, a car carrying a local candidate for Elba Esther Gordillo’s New Alliance Party was riddled with gunfire along the coast. Drug gang killings have also jacked up the homicide rate in the state – under Ulises’ governance, drugs and drug gangs have flourished.

Meanwhile, in classic “cacique” (political boss) style, the PRI governor is out and about dishing up the pork to buy votes, passing out cardboard roofing and kilos of beans, building roads to nowhere and bridges where there are no rivers to cross, to pump up his electoral clientele. Gifting opposition leaders with pick-up trucks to enlist their allegiances is a favorite URO gambit, notes Navarro Hernandez.

Despite the ambitions of some of its members, the APPO is not enthusiastic about participating in the electoral process. At a statewide congress in February, APPO members were allowed to run for public office as individuals and only if they resign from any organizational function.

Miguel Cruz, an APPO activist and member of the directive of the CIPO-RFM or Popular Indigenous Council of Oaxaca – Ricardo Flores Magon (Flores Magon was a Oaxaca-born anarchist leader during the Mexican revolution) is not a partisan of the electoral process. Seated in the CIPO’s open-air kitchen out in Santa Lucia del Camino, a rural suburb of Oaxaca city where police gunned down U.S. journalist Brad Will last October, Miguel explains his disdain for how the elections have split the APPO “when they were supposed to bring us together.

“Everyone is working on their own agendas now and the so-called leaders are all looking for a ‘hueso” (literally ‘bone’ – political appointment.) This is a crying shame. The APPO is a mass movement, not a political party. Our consciences are not for sale.”

June 14th, the day last year Ulises sent a thousand heavily armed police to unsuccessfully take the plaza back from the striking teachers, is a crucial date. The APPO and Section 22 are planning one of their famous mega-marches which last summer sometimes turned out hundreds of thousands of citizens. Will June 14th signal a resurgence of massive resistance and if it does, will the popular leadership be able to restrain hotter heads and government provocateurs that last November gave the federal police the pretext to beat and round up hundreds? Miguel Cruz is hopeful the APPO will persevere. “Whatever the ‘leaders’ do and say, the APPO lives down at the bases.”

Up the steep, windy hill in San Pablo Etla, where the cognoscenti live above the hurly-burly on the streets of Oaxaca, political guru Gustavo Esteva views the popular struggle down below geologically. “The popular movement in Oaxaca is like an active volcano” he writes in La Jornada, “last year when it erupted, the movement left its mark in the form of molten lava trails. Now the lava has cooled and formed a cap of porous rock that marks the point through which the internal pressure will find its way to break through to the surface again.”

John Ross is in Mexico City hot on the trail of Brad Will’s killers and re-immersing himself in the real world. Write him at johnross@igc.org if you have further information.

Selling wi-fi

0

› sarah@sfbg.com

Just before a Board of Supervisors committee finally considered Mayor Gavin Newsom’s controversial free wireless Internet plan May 14, supporters of the mayor staged a rally on the steps of City Hall. The event featured African American ministers, Latino students, and Chinese senior citizens demanding that the city hurry up and bridge the digital divide by approving Newsom’s deal with Google and EarthLink.

"Wi-fi for All" was part of an aggressive push for the plan by Newsom’s reelection campaign team — which organized the rally and a letter-writing campaign aimed at supervisors — yet one that has been denounced as a race-baiting fraud by critics who have long argued that the deal does little to put connected computers in the hands of poor folks and that it’s a better deal for the corporate partners than it is for city residents.

"Chinatown is at the bottom of the line," Self Help for Seniors president Annie Chung announced as busloads of seniors stood up and silently waved their "Wi-fi for All" signs on cue.

"Forty percent of the Latino community do not own or have access to a computer," city resident Ricardo Alva added, while Rev. Arnold Townsend thundered, "Everybody who is opposed to this is going home and online."

Yet Newsom’s contract effectively creates a world of first- and second-class cybercitizens. Those who can afford to pay $22 a month can sign up for EarthLink’s premium service, which gives them a competitive and fast connection speed of 1,000 kilobits per second, plus free relay equipment (such as an antenna if they have reception problems). But those who can’t afford to pay get an account that lets Google do free market research in exchange for slow-speed (300 kbps) service that does not cover the $50 to $200 cost of equipment they might need to receive a connection indoors.

A new study by the Office of the Controller finds that 82 percent of city residents use a computer at home and 80 percent of those use it to access the Internet. So the service is aimed primarily at the 20 percent of folks who have a computer but no Internet access, those who might want to drop their existing service, or those who want to Web-surf in parks and other public spaces. The controller’s City Survey 2007 also notes that while more than 80 percent of the north, central, and west regions are connecting to the Internet at home, only 70 percent of the southeastern neighborhoods do so.

"Between 1998 and 2007, Southeast residents bought home PCs at a slower pace," the survey states, observing that whites are "2.1 times more likely to have Internet access than African Americans." Of non–college graduates, "those over 60 years and particularly Latinos, those without access are even less likely now to get online."

So there’s a certain logic to the mayor’s use of the race card, at least until the public scrutinizes whether universality of access, speed, service, equipment, support, and training are guaranteed under his deal. But Newsom has been unwilling to discuss the proposal with the Board of Supervisors or entertain modifying the deal since he emerged from a Google-chartered Bombardier corporate jet with visions of free wi-fi dancing in his head following an economic summit in Davos, Switzerland.

But supervisors have pushed the city’s Department of Telecommunications and Information Services (DTIS) to investigate the feasibility of city-owned wi-fi and high-speed fiber optics. Those reports, finally made available this spring, confirmed what wi-fi experts had been saying all along: municipal wi-fi is feasible, and fiber is a necessary backbone and complementary service in a city whose famed fog and hills make wireless Internet access a spotty proposition at best and a nonexistent one at worst.

Tim Pozar, CEO of United Layer, which installed free Internet at the Alice Griffith housing project, told us, "The extreme difficulty of reaching users inside of buildings makes the Google-EarthLink wi-fi strategy the worst possible model for bringing Internet to low-income communities which don’t have it yet."

Eric Brooks, a member of PublicNet San Francisco, a newly formed coalition of community groups and Internet professionals, dismisses as "ludicrous" the notion that people will cancel cable and DSL to sign up for EarthLink’s premium service, which the controller’s report said would save city residents $9 million to $18 million annually.

"I have dial-up, and I’m on the third floor of my building, so I’m not gonna cancel my dial-up, because the wi-fi won’t be reliable," Brooks says. And Ralf Muehlen, director of SFLan, a nonprofit that already provides free wi-fi Internet access to hundreds of San Franciscans, wonders who is going to want to pay EarthLink $22 a month "when AT&T sells a 50 percent faster service for $20."

Asked about these concerns, Emy Tseng, project director of the city’s Digital Inclusion program, acknowledges that wi-fi is like cell phones and broadcast TV when it comes to spotty, unreliable reception.

"You might get a stronger signal if your window is facing a light pole or if you have a wireless router, like an antenna or rabbit ears," says Tseng, who is currently talking to manufacturers about getting discounts on computers and relay equipment in an effort to reach an estimated 150,000 underserved residents.

According to the Newsom-negotiated contract, EarthLink will pay the city 5 percent of gross revenues from its subscription services, and these funds will allow the city to try to bridge the gaps in the city’s ever-widening digital divide. Brian Roberts of the DTIS says the city anticipates receiving a minimum of $75,000 in digital inclusion funds per quarter if all goes well and at least $200,000 if the deal breaks down.

"Cost is becoming less of a factor as computer equipment prices fall," says Tseng, who is trying to build community-based support programs within neighborhoods. She believes the two-square-mile pilot project required of EarthLink to prove that its network is feasible will be built in underserved neighborhoods, not downtown, as some critics have feared.

Yet the American Civil Liberties Union warns that Newsom’s deal raises unresolved security and privacy concerns. Blogger Sasha Magee of www.leftinsf.com gives Newsom credit for having opened up a serious discussion about digital inclusion and the government’s role in trying to ensure that everyone has access to the opportunities the Internet represents: "To his credit, the contributions of activists and service providers around digital inclusion programs have been listened to," Magee wrote. "What has not been listened to, however, is the input on what the network should be." *

Czech, please!

0

› a&eletters@sfbg.com

A faltering economy is the biggest threat to most national film industries, but Czechoslovakia’s had a more distinct misfortune: it was shut down by occupation forces not once but twice. Most famously, the 1960s Czech new wave, in which talents like Jirí Menzel, Ivan Passer, Vera Chytilová, and Milos Forman first flourished, was abruptly dammed by the 1968 Soviet invasion. The type of widespread film-buff culture that brought attention to those directors scarcely existed when — before the Nazis commandeered local studios and permitted only a handful of strictly escapist films to be made for the home market — the country’s cinema had its first golden age.

Before World War II, Czechoslovakia boasted one of the most adventurous and lively — if not widely exported — movie industries in the world. Of course, this meant there was room for a lot of populist fluff. But the 12 features in the Pacific Film Archive’s new series "Czech Modernism, 1926–1949" show why Nazi invaders sensed a celluloid threat: these films are full of playful social critique as well as imaginative stylistic leaps. They assume that an audience is intelligent and that it will enjoy the subversion of authority. These films don’t provide pacification, let alone propaganda.

As playwright and Velvet Underground fan turned president Václav Havel would suggest some decades later, Czech life — at least the urban variety — has long appreciated the intersection of the avant-garde and leftist politics. The region’s geographic location, between the sophisticated capitalist West and the stylistically impoverished Communist USSR, at times seems directly reflected in these films’ colliding influences, from German expressionism to Soviet formalism to an Erich von Stroheim–esque attitude decadence.

The series’ two movies by director Vladislav Vancura apply a mad stylistic energy to subjects that might easily have been played for simple melodrama or pathos. In 1933’s On the Sunny Side, a pair of city children whose friendship bridges the class divide end up dumped in an orphanage when their parents are deemed unfit: first it’s fatherless, accordion-playing Honza, then pigtailed Babula, whose womanizing dad has just bankrupted the family. Frenetic montages contrast the adult worlds of poor and rich, cutting between breadlines and champagne-guzzling flappers. At the progressive home for foundlings, by contrast, equality is ensured by self-government — as a collective, the kids are better able to look after their own welfare than the grown-ups who’ve failed them.

Vancura’s Faithless Marijka, from the next year, is set in the Carpathian Mountains, with local nonprofessional actors as the leads. But it’s no sylvan idyll. The supposedly central tale of a lumberjack’s cheating spouse is nearly lost amid the struggles of laborers to triumph over their greedy oppressors (whose ranks include a disturbing anti-Semitic caricature).

A similar mix of poetic naturalism and Eisensteinian montage marks Karl Junghans’s 1929 silent Such Is Life. Its titular shrug downplays a vigorous look at some ordinary Prague residents, notably a put-upon laundry worker (Vera Baranovskaya, who played the title character of Vsevolod Pudovkin’s 1926 Mother), her loutish husband, and a manicurist daughter pretty enough to attract major trouble. Similar perils await two office girls lured into a lecherous nightlife in 1931’s From Saturday to Sunday, by Gustav Machatý, who would create an international sensation with Hedy Lamarr’s nude swim in Ecstasy two years later. This time romance rather than lust prevails as the more innocent secretary flees a grabby grandpa and winds up meeting her pure-hearted lower-class match.

Mistrust toward the rich and powerful was also a frequent theme in the era’s Hollywood films, in an attempt to please American audiences suffering though the Great Depression, which in turn triggered Czechoslovakia’s economic hardship. But the criticism in such films was usually glib, the solutions fanciful. Not so here. It’s eye-opening to watch a popular hit like Martin Fric’s 1934 Heave Ho!, widely regarded as the best effort from local comedy team Jirí Voskovec and Jan Werich.

Werich plays a dissolute multimillionaire informed one day that his stocks are worthless and he’s broke. Teaming with an unemployed laborer (Voskovec) who’d ranted against factory-shutting fat cats on the radio (before being dragged off), he discovers — after making a mess of various odd jobs — that he’s inherited a huge building. Unfortunately, it’s just a bunch of steel girders, so the penniless duo hit on the scheme of collectivizing construction with other indigent workers, who’ll have a home when it’s finished. Naturally, corporate types try to thwart this truly free enterprise, but they are treated to the ol’ titular gesture. A socialist semimusical with sight gags and assorted silliness, this sure ain’t Gold Diggers of 1933. *

CZECH MODERNISM, 1926–1949

Through June 24; see Rep Clock for schedule; $4–$8

Pacific Film Archive

2575 Bancroft, Berk.

(510) 642-1124

www.bampfa.berkeley.edu

Artsfest

0

Artsfest 2007 Arts Expo Attendees To Create Gaint Peace Sign
Collaborative Art Project Sponsored by MySpace.com

MySpace.com and the Bay Area’s Create Peace Project have teamed up with Artsfest to offer attendees of all ages at the Artsfest 2007 Arts Expo the opportunity to create a giant peace sign made from individually created peace cards.

Based on the idea that ‘what you create will change the world,’ this collaborative community art project is part of a daylong celebration of the arts on Saturday, May 19 from 11am to 6pm in front of San Francisco City Hall (Polk Street at McAllister).

The 32 foot by 32 foot peace sign engages participants to become ‘culture catalysts’ for peace. Furthermore, the sign is designed to travel to peace and community events throughout the summer and Artsfest 2007 organizers are arranging a location for its permanent display in the Bay Area thereafter. In addition to the on-site creation of this artwork, MySpacers can also create online video cards that will be uploaded to a peace card gallery at www.myspace.com/artsfest.

Artsfest 2007 Arts Expo is a free, family-friendly, multi-cultural event that features daylong entertainment including music, dance, theatre, spoken word, visual arts, fashion, food, a beer and wine garden and more. Headliners include the hot alt rock band RubberSideDown, Hot Pink Feathers, Blue Bone Express, Lutsinga Musical Ensemble, Youth Speaks and many others.

As a unifying non-profit organization in the San Francisco Bay Area, Artsfest is a culture catalyst that engages and connects people in the arts, business, media, non-profit, government and the public sectors by producing and promoting art events and services that inspire cooperation, creativity, commerce and a culturally vibrant community.

Visit Artsfest at www.Artsfestsf.org or Create Peace Project at www.createpeaceproject.org.

Chasing the church

0

By Steven T. Jones
Toward the end of Christopher Hitchens’ wonderfully caustic anti-tribute to Jerry Falwell on Slate today, he chides the Democratic Party for trying to follow the Republican Party in pandering to the religionists. That’s a very real fear that has the potential to do immense damage to this country and its constitutional separation of religion from government.
cover190.jpg
Image from Sunday’s New York Times Review of Books

Just last week, during the Democratic Party fundraiser in San Francisco on which I reported, both national party chair Howard Dean and state party chair Art Torres talked about reaching out to churchgoers. “We believe God is not a Democrat or a Republican. He’s a social progressive,” Torres said. It was a funny line that broke up the room of party faithful, but it has some serious implications.