Governor

Stop the Cow Palace land grab

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EDITORIAL Technically, the Cow Palace isn’t in San Francisco, but it’s part of the larger city’s history. It was the site of two historic political conventions, a string of historic concerts, and lots of less memorable smaller events. It’s home to the Grand National Rodeo. For a lot of people who care about links to the city’s past, it’s a treasure. For the half-million or so folks who pass through the doors every year, and the dozens of promoters who use the cavernous hall for expositions, shows, and performances that don’t fit anywhere else, it’s an invaluable part of the local cultural scene.

For people who worry about earthquakes and catastrophes, it has immense appeal — the place could serve as a gigantic shelter, with beds, showers, a huge parking lot for staging, and room to land helicopters in the event of a disaster.

To real estate developers, it’s a potential gold mine. And to Daly City, where the Cow Palace sits, it’s an opportunity to create a huge new complex of condos and retail stores that would bring in millions in new taxes.

So when state Sen. Leland Yee introduced a bill that would force the state to declare the Cow Palace surplus property and sell it to Daly City, the battle lines were drawn. A front-page story in the San Francisco Chronicle suggested that the venerable place could be razed for redevelopment. Supporters have come forward to talk about its role in the community and its value as a venue. The Daly City manager, Pat Martel, argued that the place gives her city nothing whatsoever in terms of taxes and hosts some events — like a gun show and the Exotic Erotic Ball — that her constituents find offensive.

What’s missing from most of this debate is the fact that this is 68 acres of prime real estate that’s still publicly owned. Declaring it surplus would almost certainly lead to the privatization of an immense block of potentially priceless urban land.

Yee’s bill, SB 1527, is just the latest chapter in a battle over the Cow Palace that goes back several years. The board that oversees the facility, which reports to the state Department of Agriculture, has been negotiating with Daly City to lease 13 acres of parking lot and underused land for development. That would allow the city to build some new housing, seek a supermarket that the neighborhood badly needs, and add to the local tax base. But the talks have stalled — and after Daly City hired powerhouse lobbyist and former assemblymember Bill Duplissea to take the case to the Legislature, and Daly City’s council asked for help, Yee stepped up.

SB 1527 mandates that the state sell the property to Daly City, with the proceeds going to pay off some of the debt the state incurred through the governor’s misguided deficit-recovery bonds. Yee argues that the state needs the money in this brutal year to save public education, and we understand how powerful that message can be — but selling off public land to cover budget shortfalls is almost always a terrible idea.

There’s little doubt what the endgame is here: Daly City doesn’t have the cash to buy 68 acres that will be worth hundreds of millions of dollars at fair market value. All the small municipality will be is a conduit — the land will be quickly flipped and sold (or leased for very long terms) to private developers.

The Yee bill is designated an "urgency measure," which means it could be approved as early as April. That’s ridiculous; there is no urgency here. This is a huge decision, and needs a lot more public discussion and debate.

We suspect that there’s a way to meet Daly City’s needs for development without turning over the entire 68 acres. There’s almost certainly a way for the Cow Palace to remain and for some of its land to be used for housing and retail.

But we haven’t even seen a template for what sort of project would go on the site. How much of the housing would be affordable? How much of the retail would serve the community? Would this become another chain-store-and-luxury-condo site with gated homes in an economically depressed area? What will the San Francisco neighborhoods that border on the site get out of it? Will there be any new parkland or open space? How will a large commercial complex there affect traffic, noise, pollution, displacement, and other environmental factors in the surrounding areas?

How on earth can you talk about selling off such a huge chunk of public land without even talking about how it will be used?

This is nuts. Yee’s bill needs to be defeated, and all the parties (including the San Francisco city planners and supervisors) need to start cautious, long-term discussions about the Cow Palace, its land, and the needs of the public. Otherwise this will appear — with justification — to be nothing but a sellout of gargantuan proportions.

South by Cynic

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By Kimberly Chun


› kimberly@sfbg.com

SONIC REDUCER Date night, March 15, the closing Saturday eve of the South by Southwest music conference, and I swear, the biggest thrill around is my offroadin’ pedicab ride on my way to the Diesel:U:Music bash atop Mount San Jacinto, through the remains of the Mess with Texas 2 music-comedy day-party in Waterloo Park. How sad is that?

"I do yoga, so that helps," explains my "driver" Liam (his name changed to protect the innocent). The spines of his spindly, highly waxed mohawk shiver like excited mushrooms beneath a forager’s greedy digits and his wire-rimmed spectacles gently mist as he steps up and pedals hard, climbing the park’s slopes as the Texas Capitol shines reprovingly above. "Hopefully it’s not all blocked off — this is my favorite shortcut."

Some shortcut: we career down too-tight paved paths, nearly get decked by a hat vendor stand, then head off onto the grass and through the woods, plunk down a curb — with minimal lady-passenger spillage — and then get back on a path and through a parking structure and finally, somehow, we’re on San Jac. Saint Jack ‘n’ Coke be praised. Liam glances back, mildly beatific: "Wanna smoke a bowl?"

Hey, I’ve only downed a few gratis cans of Lone Stars and a tall sweet tea ‘n’ vodka so far tonight — and with only a giveaway energy bar to absorb it all. Welcome to Austin, Texas, and SXSW, the now unfailingly polite, organizationally fine-tuned, and increasingly disappointing group-grope-n-grip for the increasingly somber, not-so-extravagantly partying music biz. Sure, the numbers are there — the fest appears to be doing well, with more than 123,000 attendees and 1,500 showcased acts, while pouring more than $77 million in expenditures into Austin coffers, according to 2007 stats — and the nontoiling gawkers and stalkers still filled the streets for what has become the nation’s fave musical spring break. But how to quantify the new wave of malaise? Roughly parse the leavings in the tea cup: where were the conference heavies when Dolly Parton bowed out due to health issues, as did, ahem, the Lemonheads? Was 60-ish ex-Oakland R&B elder Darondo’s much-talked-of Ubiquity appearance the best of the fest — or was it Yeasayer or Vampire Weekend? Does Ice Cube really wanna forsake Friday for the rap game? Can all the Euro and overseas showcases sub for the dampened-down US major label presence due to layoffs and cutbacks? At the troubled heart of 2008’s decentralized music biz, few could be heard whooping it up or mourning over at the fall of New York Governor Eliot Spitzer, who as the state’s attorney general oversaw the uncovering of $50 million in unpaid royalties to musicians and served subpoenas against labels while investigating payola. Is it true, as so many I spoke to at SXSW have said, that "everything I’ve seen that I’ve liked, I’ve already seen before"? My, South By, how lame you were this year. (Can this trend bottom out? See Sonic Reducer’s 2007’s judgment: "But for a three-time SXSWhiner like myself … the fest generally underwhelmed this year," and 2006’s description of "the ground-level, vaguely dissatisfied vibe at this year’s fest — one studded with sentiments ranging from "there’s too many people here" to "everyone I’ve talked to is complaining about working too hard and not having any fun.")

Sure, there were plenty of free shows and oodles of guest-list jockeying, but when the most talked-about soirees were Perez Hilton’s hush-hush hoedown, Rachael Ray’s bid for day-party indie cred ("There better be good food!" one warily groaned), and natch, the Playboy after-hours warehouse rave — complete with more empties and Porta-Johns than you can shake a Hefty bag at — you can just toss the teacup and throw up your multi-wristbanded hands. The truth: do these brands, celebs, or marketing pipe dreams have anything to do with music? The sonic sustenance of SXSW has become secondary to product placement, relegated to background noise amid a recession-jittered hard sell. No surprise that my extremely random sampling of music lovers were uniformly disgruntled. They weren’t hearing the sounds that made it worth braving the yeehawing and puking hordes, risking podiatric agony for five whole nights.

Sure, there were revelatory moments: the grinning electro-diva Santogold, the crowd-entrancing the Whip, and teased blonde soulstress Duffy (dimpled Kate Bosworth-like everygirl to Amy Winehouse’s trouble-lady) were fab, as were Sightings and Evangelista. Lou Reed cracked mordantly wise even while hawking his new concert doc recreating Berlin (RCA, 1973), shades of Neil Young and Heart of Gold two years ago. SXSW organizers oughta take a cue from the packed "Vinyl Revival" panel, the teeming unofficial shows off the beaten Sixth Street path, where Monotonix raised the roof — and drum kit — at the Typewriter Museum, and where experi-punks screeched under sunny skies at Ms. Bea’s at shindigs hosted by Brooklyn party-starter Todd P, who was given his own official showcases this year. You can already make out signs of the next-gen underground filtering into Moby’s Girl Talk–like Playboy finale and folkie Liam Finn’s noise climax on DirectTV. Is the life-support-via-corporate-sponsorship worth the tourist buck, South By? Next time bring the focus back to the truly smokin’ sounds.

Also glad I saw: Black Moth Super Rainbow (spewing glitter and piñata), Joe Lean and the Jing Jang Jong (let the nouveau-mod boy-band revolution begin), Ra Ra Riot (kids love Arcade Fire!), High on Fire and Motorhead, Blitzen Trapper with Adam Stephens on harmonica, Justice and Moby’s DJ sets, Torche, High Places, Half Japanese (with a wiggly David Fair and Yo La Tengo’s Ira Kaplan on sax), Deer Tick, Scary Mansions, Inca Ore and Grouper, a musically unimaginative but enthusiastic Carbon/Silicon, Goat the Head, Lightspeed Champion, Sons and Daughters, the Kills, "Body of War," Yacht, Does It Offend You, Yeah?, Smalltown Supersounders Lindstrom and Kim Hiorthoy, Naked Raygun, the Dicks, the Ting Tings, Paper Rad, Samara Lubelski, and Black Helicopter.

Regret I missed: the Rascals, the Wombats, Barbara Mason, Jaymay, Bun B, the Bo-Keys, Game Rebellion, These New Puritans, Robyn, Pete Rock, Ruby Suns, Napalm Death, the Touch Alliance, Snowglobe, Kayo Dot, Ola Podrida, Bowerbirds, Dark Meat, White Rabbits, White Rainbow, El-P, Herman Dune, Holy Ghost!, Digitalism, Arp, Juiceboxxx, Supagroup, Daryl Hall, Meneguar, Black Ghosts, the Mirrors, Van Morrison, 17 Hippies, Afrobots, Working for a Nuclear Free City, Boyz Noize, Peggy Sue and the Pirates, Death Sentence: Panda!, Christian Kiefer, Megafaun, Salvador Santana Band, Psychic Ills, Devin the Dude, Passenger, the Morning Benders, the Tennessee Three, the Switches, Sera Cahoone, Little Freddie King, A-Trak, Kid Sister, the Clipse, Headlights, Los Llamarada, Pissed Jeans, Rob G, Wale, Dax Riggs, Neon Neon, These Are Powers, WILDILDLIFE, Clockcleaner, Look See Proof, the Cynics, Dusty Rhodes and the River Band, Rahdunes, Stars Like Fleas, and Cheveu.

Pigeon vs. Fuck: Pidgeon, the Pigeon Detectives, Pigeon John, and Woodpigeon go up against Fuck Buttons, Holy Fuck, and Fucked Up, umpired by CunninLynguists.

BLACK MOTH SUPER RAINBOW

Wed/19, 9 p.m., $12

Bottom of the Hill

1233 17th St., SF
www.bottomofthehill.com

Hooker science

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TECHSPLOITATION The outrage over former New York governor Eliot Spitzer hiring an A-list hooker makes me feel like throwing a gigantic, crippling pile of superheavy biology and economics books at everyone in the United States and possibly the world. Are we still so Victorian in our thinking that we think it’s bad for somebody to pay large amounts of money for a few hours of skin-time with a professional? Have we not learned enough at this point about psychology and neuroscience to understand that a roll in the sheets is just a fun, chemical fizz for our brains and that it means nothing about ethics and morality?

The sad fact is that we have learned all that stuff, and yet most people still believe paying money for sex is the equivalent of killing babies on the moral report card. And yet nobody bothers to ask why, or to investigate past the sensational headlines. As far as I’m concerned, the one unethical thing Spitzer did was to hire a sex worker after prosecuting several prostitution rings. That’s hypocritical of him, and undermines my faith in him as a politician.

But let’s say Spitzer hadn’t prosecuted so-called sex crimes before, and all he was doing was hiring a lady for some sex. Here is what I don’t get: why is this bad? On the scale of things politicians can do – from sending huge numbers of young people to be killed in other countries to cutting programs aimed at helping foster kids get lunch money – hiring a sex worker is peanuts. It’s a personal choice! It’s not like Spitzer was issuing a statewide policy of mandatory hookers for everybody.

What really boggles the mind is the way so-called liberal media like National Public Radio and the New York Times have been attacking Spitzer’s morals as much as the conservative Fox News types have. In some cases, they’ve attacked him more. The reasons given are always the same: sex work is abusive to women (male prostitutes don’t exist?), and being paid for sex is inherently degrading.

Let’s look inside one of those heavy economics books that I just beat you with and examine these assumptions for a minute, OK? Every possible kind of human act has been commodified and turned into a job under capitalism. That means people are legally paid to clean up one another’s poop, paid to wash one another’s naked bodies, paid to fry food all day, paid to work in toxic mines, paid to clean toilets, paid to wash and dress dead naked bodies, and paid to clean the brains off walls in crime scenes. My point is, you can earn money doing every possible degrading or disgusting thing on earth.

And yet, most people don’t think it’s immoral to wipe somebody else’s bum or to fry food all day, even though both jobs could truthfully be described as inherently degrading. They say, "Gee that’s a tough job." And then they pay the people who do those jobs minimum wage.

The sex worker Spitzer visited, on the other hand, was paid handsomely for her tough job. The New York Times, in its mission to invade this woman’s privacy (though in what one must suppose is a nonexploitative way), reported that she was a midrange worker at her agency who pulled in between $1000–$2000 per job. She wasn’t working for minimum wage; she wasn’t forced to inhale toxic fumes that would destroy her chances of having a nonmutant baby. She was being paid a middle-class salary to have sex. Sure, it might be an icky job, in the same way cleaning up barf in a hospital can be icky. But was she being economically exploited? Probably a hell of a lot less than the janitor in the hospital mopping up vomit cleaning up after you.

Sure, there are hookers who are exploited and who have miserable lives. There are people who are exploited and miserable in a lot of jobs. But the misery is circumstantial: not all hookers are exploited, just as not all hospital workers are exploited. It’s basic labor economics, people.

Audacia Ray, former sex worker and editor of the sex worker magazine $pread, has pointed out that the public doesn’t even seem to understand what exploitation really means. The woman who did sex work for Spitzer has had her picture and personal history splattered all over the media in an incredibly insulting way. Nobody seems to realize she’s being degraded far more now than she ever was when Spitzer was her client. And she’s not getting any retirement savings out of it, either.

Annalee Newitz (annalee@techsploitation.com) is a surly media nerd who
once hired a prostitute for a few hundred bucks and had a pretty good time.

Newsom’s commission games

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EDITORIAL Mayor Gavin Newsom didn’t want Debra Walker, an artist and activist, running the Building Inspection Commission. He doesn’t want Theresa Sparks, a transgender woman and community leader, running the Police Commission. And now, we’ve learned, he doesn’t want Robert Haaland, a labor activist and one of the city’s most visible transgender leaders, to serve as vice president of the Board of Appeals.

But of course, the mayor thinks it’s perfectly fine to put two employees of Pacific Gas and Electric Company — an outfit that is suing the city, breaking the law, trying to subvert public power and cheating the public out of hundreds of millions of dollars a year — on city commissions.

This is what the second term of Mayor Newsom, who is now openly running for governor, looks like. It’s not pretty.

We knew the mayor had his sights on higher office, but now that it’s out in the open, almost everything he does at City Hall seems to be aimed not at improving San Francisco but at increasing his odds of moving up in the political world. Why, for example, would Newsom appoint Mary Jung, a PG&E customer services manager, to the Civil Service Commission, and Darlene Chiu, a PG&E City Hall flak, to the Small Business Commission? What possible qualifications could someone whose job involves promoting the interests of a giant corporation that routinely screws small business people have as an advocate for the city’s local merchants? Why would the Civil Service Commission, which deals with city employee issues, need the expertise of someone whose employer wants to prevent the city from creating more public jobs?

Why would Newsom be doing this — if he didn’t need the support of PG&E and its allies for his next political step?

Why would he be directing his appointees to keep out of leadership posts anyone with strong progressive credentials if he weren’t trying to build new bridges to the developers, the big employers, the police unions, and the more conservative interest groups he’ll need for a statewide campaign?

The bottom line is, Newsom needs to stop thinking about running his next campaign and start running the city — because this sort of commission funny business, this practice of treating important agencies that manage key city departments as nothing more than political patronage posts for rewarding allies and punishing enemies, is terrible for San Francisco.

It’s too late to do anything about Mary Jung, but the supervisors can, and should, overturn the Chiu appointment — and let the mayor know that putting PG&E executives on city commissions is unacceptable under any circumstances.

Meanwhile, the Board of Appeals votes for new officers March 19. By tradition, the top posts on the five-member panel rotate based on seniority, with an appointee of the mayor holding one job, and a board appointee the other. But Newsom’s three members have indicated that they won’t allow Haaland — a conscientious commissioner with an excellent record — to serve as vice president. That’s a slap in the face to labor, the queer community, and the supervisors. Newsom ought to show some political integrity and tell his appointees not to suddenly change the rules.

Newsom to small business: Drop dead!

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By Bruce B. Brugmann

And so Mayor Newsom, who wants to run for governor when he still hasn’t learned to manage the city as mayor,
has bestowed the ultimate insult to small business in the City and County of San Francisco.

He has named a City Hall lobbyist for PG@E to the Small Business Commission.

Yes, you read correctly, Mayor Gavin Newsom has appointed Darlene Chiu, a PG@E lobbyst in City Hall, to the SBC.

How in the world does a company that has been screwing small business for decades inside and outside City Hall, stealing our cheap Hetch Hetchy public power for decades and forcing small business and residents to buy its expensive private power, yanking upwards of $650 million a year out of the city’s economy with its high rates, corrupting City Hall for decades with its lobbying muscle, qualify as a member of the Small Business Commission?

We put the issue in a diplomatic question and emailed it to the mayor. His press secretary, Nathan Ballard,
issued this statement this afternoon on Chiu’s glowing qualifications:

“Darlene Chiu was appointed to replace Florence Alberts after her term expired. Darlene has first hand knowledge of the challenges facing small businesses in San Francisco. She grew up working in her family’s these retail businesses in Chinatown, managing nine to l5 employees. She will also bring her knowledge of City government and communications to the Commission, which will be important to the successful operations and promotion of the assistance center.” (As one small business leader told me, “I don’t recall in the requirements of being on the commission that growing up as a child of small business owners quite meets the criteria.”)

No, no, no: PG@E is placing Chiu, via Newsom, on the SBC to help PG@E continue to facilitate the “successful operations and promotion” of further PG@E corruption in City Hall to protect its illegal private power utility in San Francisco. The supervisors can and should move quickly to reject the PG@E appointment.

More: Newsom to the Civil Service Commission: Drop dead. He appointed Mary Jung, a PG@E customer services manager, to the Civil Service Commission.

Meanwhile, as he further cemented PG@E power inside City Hall, he whacked three well qualified and conscientious commissioners: Debra Walker, an artist and activist, from heading the Building Iinspection Commission, Theresa Sparks, a transgender woman and community leader, from running the Police Commission, and Robert Haaland, a labor activist and one of the city’s most visible transgender leaders, from serving as vice president of the Board of Appeals.

Newsom is running for higher office and, as our editorial in tomorrow’s Guardian puts it, “almost everythihg he does at City Hall seems to be aimed not at improving San Francisco but at increasing his odds of moving up in the political world…Why would Newsom be doing this–if he didn’t need the support of PG@E and its allies for his next political step.

“Why would he be directing his appointees to keep out of leadership posts anyone with strong progressive credentials if he wasn’t trying to build new bridges to the developers, the big employers, the police unions and the more conservative interest groups he’ll need for a statewide campaign?” B3

Laid off reporters won’t find Cali’s Spitzer

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Ghost Word has a smart take on what newspaper layoffs mean for Bay Area readers:

Thursday, March 13, 2008

Good Old-Fashioned Reporting led to the Eliot Spitzer Story; Too Bad There Won’t Be Enough Bay Area Reporters to Do the Same

The New York Times deconstructs how it uncovered the Eliot Spitzer prostitution ring story. The Times reporters got the information through good old-fashioned beat reporting. The Attorney General’s office had sent out a press release announcing the break-up of a prostitution ring. There was nothing unusual about that. But reporters noticed that the lead prosecutor in court on March 6 was very high up in the Manhattan U.S. Attorney’s office. That got people thinking.

“No one had talked of the escort ring’s inner workings, and certainly no one mentioned the governor’s name,” according to a story in the Times. “Just one fact piqued interest for some in the room: The lead prosecutor on the case was Boyd M. Johnson III, the chief of the public corruption unit of the Manhattan United States attorney’s office.”

“Later that day, reporters at The New York Times learned of the unusual presence of three lawyers from the corruption unit, including the boss of that division and an F.B.I. agent from one of the bureau’s public corruption squads. The public corruption units often look at the conduct of elected officials.”

“Within hours, the reporters were convinced that a significant public figure was involved as a client of the prostitution ring.”

That’s how reporters get stories. By being around and working sources. That’s the kind of gumshoe reporting that will now be missing all around the Bay Area as virtually every paper has slashed its staff to the bone.

Posted by Frances at 5:53 PM
Labels: Bay Area Newspaper Layoffs, Eliot Spitzer, New York Times

March on the governor’s house

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I’m usually the one who talks about how we have to solve financial problems locally, since the state and the feds won’t give us what we need. And I still believe that, and I support a parcel tax for the local schools and I support using the rainy day fund and if we were allowed to raise property taxes in San Francisco, I’d support that.

But right now, while teachers and parents and students are flooding school board meetings around the state denouncing cuts, the real problem is in Sacramento, where the governor doesn’t seem to care.

So maybe all of those angry people should take a little trip to Los Angeles and march on Schwarzenegger’s house. He’s home most weekends, I’m told. I think he lives in Brentwood.

50,000 protesters in Brentwood? Maybe he’d have to listen.

Big book, tiny topic

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› johnny@sfbg.com

REVIEW This week, I’m reviewing a book about toothpicks, a book about citrus, and a book about pigeons. When I first mentioned this plan to a fellow editor, she said it prompted visions of a surrealist game of Clue: the orange stabbed the pigeon in the study with a toothpick.

In truth, my motivation is pragmatic. I want to draw attention to the publishing industry’s love of big books devoted to tiny topics. It seems that one surefire way of selling a nonfiction tome is by focusing on a very specific subject. For evidence, one need only look at recent efforts such as Pierre Laszlo’s Citrus: A History (University of Chicago Press, 252 pages, $25), Henry Petroski’s The Toothpick: Technology and Culture (Knopf, 443 pages, $27.95), and Andrew D. Blechman’s Pigeons: The Fascinating Saga of the World’s Most Revered and Reviled Bird (Grove Press, 239 pages, $24).

Without snappy cover art and a colon followed by a subtitle, these books would be ready for inclusion in the next edition of Russell Ash and Brian Lake’s Bizarre Books: A Compendium of Classic Oddities (Harper Perennial, 224 pages, $14.95), a collection devoted to ridiculous and arcane tomes. Today, the colon (note that Ash and Lake’s book also sports one) is a way for author and publisher to assert an awareness of the potential absurdity that might arise from inscribing a world history on the head of a pin — or the tip of a toothpick.

Which brings us to The Toothpick. It’s the latest endeavor by a writer who specializes in large books on tiny topics. Petroski’s previous lengthy portrait in words was devoted to the toothpick’s cousin of sorts, the pencil. He brings an ease born from familiarity to his latest project. He also brings an anti-Wikipedia agenda, beginning his toothpick odyssey with a collection of false "stuff rustled up from the wild, wild Web." In the United States, the toothpick does have ties to Charles Forster — as claimed by answers.com and other Web sites — but Forster did not "invent" it, as one online source of misinformation states. If you read The Toothpick, you’ll learn about Forster and about Benjamin Sturtevant, a contemporary who has been erased from the toothpick’s United States–origin myth. Neither Forster nor Sturtevant are the most fascinating men ever to have probed their gums.

The point of Petroski’s toothpick testament is sharpest when he uses his small subject to touch upon ideas from different eras and cultures. Thus, before Forster and his Charles Foster Kane–like name (though not, alas, story) take over, The Toothpick cites a long passage from James Joyce’s 1916 A Portrait of the Artist as a Young Man that cries out for a toothpick, provides illustrations of Chinese toothpicks that look like chandeliers, and notes that the Renaissance was "the golden age of toothpicks." Perhaps literally — there are golden toothpicks, as well as ones made from walrus whiskers.

As its title might suggest, Laszlo’s Citrus: A History presents a fruit-centric — though by no means fruitopian — history of the world. Via the erudite Laszlo, the travels of an orange can blossom into a discussion of religious persecution. Laszlo is a retired professor of chemistry, and his prose presents a mix of stuffiness and frolic, whether imagining a correspondence with the first person ever to write a book about citrus (an 11th-century Chinese governor named Han Yen-Chih), randomly leaping from a descriptive passage into a recipe, or redundantly telling the reader that he is about to tell a story. Ultimately, Citrus does have the passion — if not always the juice — of a labor of love, even when its author favors the kind of obvious symbolism found in this sentence.

In comparison, Pigeons author Blechman is a storyteller who has a way with a hilarious turn of phrase. He writes of "backyard geneticists" who create birds "more akin to a Dresden figurine than a child of nature," notes that the pigeon "has been prized as a source of companionship (and protein)," and confesses his fondness for the Frillback, a breed with feathers that look like they "were dipped in Jheri Curl." Over the course of one winter, he meets as many breeds of pigeon obsessives as he does pigeons. The wildest marriage might be between Parlor Rollers and their owners. Parlor Rollers somersault backward up to 600 feet in a single effort, a display that Blechman deems "the avian equivalent of obsessive-compulsive disorder." When Blechman asks one owner why the birds do what they do, the man replies, "Because they’re retarded, that’s why."

Actually, Pigeons makes a strong case for recognizing and respecting the oft-abused pigeon, a case drawn from no less a source than Charles Darwin’s 1859 On the Origin of Species. Blechman’s book contains some disturbing passages (especially a foray into a Pennsylvania town that made bird slaughter into an annual holiday replete with teen boys delivering body slams) and no shortage of funny adventures. By the end, it transformed the way I view pigeons. Though I’m a vampire for blood oranges and I abuse toothpicks like an addict smokes cigarettes, I’m afraid the other two books didn’t have quite the same impact.

Freedom of Information: More sunshine — easily and at no cost

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› news@sfbg.com

Imagine sitting at home — or in your office, or in your favorite café — and listening in on what are now secret, backroom policy discussions and decisions in the San Francisco mayor’s office. Imagine having access to an immediate transcript of the talks. Imagine being able to read internal e-mail discussions among city staffers about issues that affect you — without ever filing a public records request. In fact, imagine never having to file another written request for public documents; imagine just going to a city Web site, entering a search term, and finding all of the records yourself.

Imagine filing a complaint with a city agency and tracking the issue, minute by minute, as it works its way through the system.

Imagine listening on your cell phone to any policy body as it meets in city hall.

All of this is possible, today. Much of it is not only consistent with but actually required by local law. And it won’t cost the city more than a modest amount of money.

Transparency is a common buzzword during this presidential campaign; the Barack Obama campaign has even issued a white paper describing policy and technological ways to embrace it. He’s talking about live Internet feeds of meetings about significant issues involving executive branch appointees as well as for those of regulatory departments (a program that would go far beyond what you see on C-SPAN).

So there’s no reason San Francisco can’t take the lead in using technology — generally simple, off the shelf, existing technology — to dramatically increase sunshine at City Hall and public participation in local government.

Proposition G, the city’s 1999 sunshine law, mandates that San Francisco use "all technological and economical means to ensure efficient, convenient and low cost access to public information on the Internet." Here are five easy ways to do that:

1. Fully adopt the voyeur concept for city meetings. This is the idea that the public should be able to observe and engage in government decision making — all government decision making.

All policy meetings in City Hall should at the very least be broadcast as audio on the Web and available via phone teleconference. In other words, the meetings should be streamed online, and that stream should be accessible by calling a free conference line. This is already standard practice in the business world and is working well for many investors in public companies that disclose financial information in compliance with Securities and Exchange Commission rules. It can be done for little or no cost with services like blogtalkradio.com, skype.com, freeconferencecalls.com, and webex.com.

Today only a limited number of public meetings are broadcast, mostly because the only outlet is SFG-TV and resources are limited. But audio streaming is a no-brainer — there’s no need for a staffer to control cameras, the microphones are already set up, and these days just about every room has a speakerphone.

Currently, the SFG-TV video coverage isn’t posted on the city’s Web site, sfgov.org, until two or three days after a meeting. That’s too long; the audio should be made immediately available online. And the Internet URL and dial-in options should be listed on the meeting agenda so that news media and citizen bloggers can instantly refer back to the URL with timecodes to point out specifics, and include them in their stories and blog postings.

With streaming, you can follow along in real time when you are stuck at home taking care of a sick relative, or at the office listening with headphones, or you are disabled and can’t cross town to attend in person.

The city already has a great contract for real time captioning — the text you see at the bottom of the screen for video. It’s not 100 percent accurate, but it’s pretty decent. That could be expanded to cover streaming audio, and the text could be computer translated (or translated by bilingual typists) into other common languages. The advantage of media integrated with RTC is that specialized search engines like blikx.com and everyzing.com can be used to find relevant phrases and begin playback directly at that spot. And transcriptions can be posted online in real time (somewhat like live blogging!) so that if you are late for a meeting you can quickly scan what has already transpired, and by the end of the meeting you will effectively have a draft of minutes. That saves a lot of staff time and provides an immeasurably more useful historic record.

Today, video recordings of city meetings can’t be downloaded — the only way to review it or post a clip to YouTube is to order a $10 DVD, which arrives a week after you send a check (and no, they don’t take PayPal). And while many other city meetings make audio recordings, you have to pay $1 for an audio tape and pick it up during business hours or pay more for postage. They all should be available as free podcasts.

The SFG-TV video shows more than just the speakers and officials; there are other angles, and they ought to be available too. It’s important to know who attended the meeting but never said anything, who greeted whom, and even who ignored whom.

2. Let the public do the broadcasting. All City Hall meeting rooms should provide wi-fi (and electrical outlets), and the system ought to have enough speed to allow bloggers or activists to upload high-quality video broadcasts of meetings that SFG-TV can’t afford to cover. It can be done using existing services like Justin.tv, Upstream.tv, and live.yahoo.com. This would also allow live blogging — and let people preparing to testify on an issue have access to the Web to do research on the spot. If the room had a projector and a screen, people who were unable to attend the meeting could still comment, either through video or just by posting text messages that the decision makers could read.

The audio broadcasting of meetings should be expanded to include all meetings between the mayor (or supervisors) and city staff. The law already requires public access to so-called passive meetings — those between the mayor or department heads and outside parties that influence city policy.

3. Make public most city emails and other documents as soon as they are produced.

San Francisco city employees produce thousands of records a day — e-mails, memos, reports, etc. — and the vast majority of them are and should be public record. But many are deleted and others never see the light of day. When a member of the public asks for all the records on a topic, just finding those documents can be a sizable task.

But it’s technologically simply to solve that problem: every time a city employee produces a document, the computer system should automatically send a back-up copy to a public web server. That way nothing would get lost or erased, and anyone looking for public information could simply go to that site and search for it him or herself.

For e-mails sent by city staff, one way might be to CC (carbon copy) an online message board (for example Google or Yahoo groups, which would be available at no cost to the city). Other approaches for instant messages, text messages and voicemails could be adopted as well. The Palo Alto City Council is already doing something like this for a narrow collection of e-mails (although not in real time).

We all know there are some city communications that must remain private or be redacted — for example Attorney Client discussions or human-resource conversations regarding personnel. But there are simply ways to make sure those stay confidential: one approach might simply have the user tick a flag or answer a Yes/No Possible Redaction popup when the message is sent. Certain employees — like the people who handle sensitive employee health records and certain litigators in the city attorney’s office — could have software that defaults to a confidential server.

The added advantage, of course, is that the computers could also make a record of the title and date of every confidential document — and that information could be made public. If a dispute arose over whether the city was improperly withholding records, the public would at least know that certain documents existed.

All city files could be stored on network drives (not on local drives) with one location for default public files that would not allow overwriting or deletions and would be mirrored to a Web server and another drive for the few that may require redaction first.

4. Save all the old records. After a very embarrassing lawsuit that is threatening the Missouri governor’s job, that state in January adopted an email retention system that preserves all email for at least seven years (based on federal requirements for financial records). And e-mail/instant message/text/fax retention systems are standard practice now in the financial industry (Morgan Stanley lost a $1.45 billion judgment because the company failed to preserve e-mail).

In fact, we all know storage continues to get cheaper and smaller — so San Francisco should abolish any retention timeframes for electronic records and keep them all into the foreseeable future. The world-famous Internet Archive is right here in the Presidio: I suspect that group would love to archive all the city information, and keep it online, free and forever.

When paper documents are part of the public record, they should be scanned and converted to text and posted within two days. This would include discussions between staff and individual members of policy bodies and the creation of the draft agenda and supporting materials as they are obtained.

All these methods would significantly reduce the number of public records requests to the city staff and thus save the city money.

5. Make calendars public — and keep communications public. Mayor Gavin Newsom won’t provide detailed daily calendars — even after the fact, when there is no possible security reason for keeping his workday itinerary secret. All top officials should post their calendars on the web so the public can track what they are doing.

The city needs to adopt a global policy that city business should be performed on city devices (computers, email accounts, phones) whenever possible — and when city employees or officials use their own computers or hand-held communications tools, those should be forwarded immediately to the city system and made public.

San Francisco has one of the best local Sunshine laws in the country — and at a time when activists at every level are looking for ways to use technology to expand public access, the city should be in the forefront. All it takes is some political will.

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Here are some more ways that the city could use technology to improve public access:

1. Use a program like govtrack.us to follow legislative changes.

2. Explore ways to bring nonprofits that perform traditional government services under sunshine laws.

3. Significantly improve the city’s Crimestats system (more real-time allow alerts for crimes near you) – google mashup et al. See http://chicago.everyblock.com/crime/

4. Embrace e-rulemaking technology – similar to federal rulemaking use technology to get ideas online and generate more participation for those who can’t show up in a meeting.

5. Require the Police Department to issue press credentials to bloggers.

6. Fund a few open-government lawsuits to expand the boundaries on access to public records (the law provides for attorney’s fees if the suit is successful).

7. Require city agencies to post the method for obtaining public records online. Require posting of all negative determinations on home pages.

8. At budget time, mandate that each agency provide statistics as determined by SOTF on sunshine responsiveness.

9. Require an assessment of sunshine compliance as a mandatory item for all Financial/Management audits.

10. Televise SOTF and Ethics Commission formal hearings.

11. Require active Ethics investigative files to be open.

12. Embrace fully the much-improved but incomplete example of posting online all interactions as part of large contract negotiations – as was partially done with TechConnect.

13. Host accounts payable/receivables online with the scanned images of invoices paid.

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Freedom of Information: 2007 James Madison Award winners

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Click here for details on the First Amendment Awards Dinner.

Norwin S. Yoffie Career Achievement Award

DAN NOYES (COFOUNDER, CENTER FOR INVESTIGATIVE JOURNALISM)


If journalists were the subjects of trading cards like baseball players, the Dan Noyes rookie card would be just as impressive as a 2008 career highlights card. Think Reggie Jackson: a long, impressive career, spanning multiple organizations and a propensity to come out swinging big at the end of a hard-fought battle.

Over a career spanning 30 years, Noyes has pursued serious investigations, some lasting as long as a year, into everything from questionable Liberian timber imports to illicit gun trafficking from United States suppliers to the Nuestra family gang. Journalism first interested Noyes during the crucial investigative reporting that sparked Watergate scandal in the early 1970s.

In 1977 Noyes cofounded the Berkeley-based Center for Investigative Reporting (CIR), an independent news organization which produces in-depth stories and documentaries for all major news outlets. In 1979, reporting for the ABC News program 20/20, CIR broke a story on a swindling United Nations charity organization and its connections to international drug trafficking.

More recently, Noyes has done a series of print and broadcast pieces concerning gang violence in California and its effect on the lives of those surrounding the lifestyle. Noyes still holds an executive position at the CIR and continues to contribute to the world of investigative journalism.

Beverly Kees Educator Award

CLIFF MAYOTTE


Cliff Mayotte sees his Advanced Acting Class at Lick-Wilmerding High School as one that merges students’ "consciousness and awareness as young adults with their skills and energies as performance artists."

The subtitle of the course is "Theatre as Civic Dialogue," and the eight students enrolled during the 2007 spring semester used all their abilities to pull off a notable show.

After an introduction to Documentary Theatre — a form he described as "oral history turned into performance" — the group selected a topic that was important to them, giving birth to the "Censorship Project."

The students interviewed their peers, teachers, and administrators to gather perspectives on the ways in which expression and opinion can be muted or altered, both voluntarily and involuntarily. They reached out to organizations such as Project Censored, the First Amendment Project, and the Ella Baker Center for Human Rights. They transcribed interviews and studied subjects in order to capture statements, word patterns, and mannerisms of interviewees, then shaped the themes into a 60-minute performance.

Professional Journalists

WILL DEBOARD


"Being a high school sports guy, I don’t get to do this very often," the Modesto Bee‘s Will DeBoard said of his first major foray into investigative reporting. He had gotten a tip that the California Interscholastic Federation was investigating recruiting violations by the football program at Franklin High School in Stockton, which competed with schools in his area. DeBoard asked the school and CIF about recruiting violations, but the football coach flatly denied the allegations and the CIF wasn’t much more helpful.

So DeBoard decided to make formal requests for public records with the help of business reporter Joanne Sbranti, and after fighting through some initial denials, he obtained hundreds of pages of investigatory documents from CIF showing how the school was recruiting players from American Samoa. "It really was a treasure trove of great stuff. We got two weeks’ worth of stories out of these documents," DeBoard said. "It really showed us that what the school was telling us just wasn’t true."

The documents detailed the recruiting scheme and gave DeBoard tons of leads for follow-up stories, including the address of "a home owned by the coach where there were all these gigantic Samoan linemen living there." DeBoard called the effort an "adrenaline rush" better than that caused by the best game he’s covered and a high point of his journalism career.

THOMAS PEELE


Contra Costa Times investigative reporter Thomas Peele has a long history of battling for public records access on behalf of both reporters and private citizens. Peele, who helps with projects for all the newspapers under the Bay Area News Group-East Bay ownership, helped ensure the recovery of thousands of e-mails from the Oakland mayoral tenure of Jerry Brown when he left office to become the state’s attorney general in 2006. Peele also helped conduct a statewide audit of Public Records Act compliance by law enforcement agencies with the nonprofit Californians Aware, which revealed glaring inconsistencies in how police across the state make information about their activity available to the public. And he’s been a major figure in helping the Chauncey Bailey Project pry out new information about Bailey’s murder last year and it’s connection to Your Black Muslim Bakery. He began his career in 1983 at a small weekly in Bridgehampton, N.Y., and moved from there in 1988 to the Ocean County Observer in New Jersey before joining the CCT in 2000.

ROLAND DE WOLK


KTVU-TV producer Roland De Wolk is leading the investigative team of photographer Tony Hedrick and video editor Ron Acker in a quest to get the names of drivers who regularly use FasTrak lanes but don’t pay anything. But to date, says De Volk, the Metropolitan Transportation Commission has been blocking his team’s quest.

De Wolk told the Guardian that his team filed a California Public Records request when the MTC wouldn’t provide information on the amount of money it was losing thanks to drivers who don’t pay tolls when they use FasTrak lanes.

"We asked MTC for specific numbers last summer and got little information. That makes a reporter’s antennae quiver," said De Wolk.

But when he and his team asked for the numbers of people obstructing their plates, the MTC started acting squirrelly, De Wolk said.

"Finally, after six to eight weeks of asking we got an answer: a photo of a car whose plate was blank," fumed De Wolk, whose team continues to push for the names of the 10 most frequent FasTrak violators.

Broadcast News Outlet

KGO-TV


When KGO-TV reporter Dan Noyes and producer Steve Fyffe asked Muni to turn over records of public complaints against its drivers, they were ready for some bureaucratic foot dragging. But they never expected the yearlong grudge match that followed. First, the union representing Muni drivers sued to keep the records sealed. Then Muni’s parent department, the Municipal Transportation Agency, made a backroom deal with the union and released a blizzard of confusing and heavily redacted paperwork that would have made the Pentagon blush.

"It was essentially a big document dump," Fyffe told us. "There was no way to tell one form from another or which driver was which."

Noyes and Fyffe convinced their bosses at KGO-TV to file a lawsuit for full access to the records. The station prevailed, after which Noyes and Fyffe received over 1,200 pages of public complaints about 25 drivers. Recently, the station went back to court after Muni refused to release surveillance tapes of the drivers. As in the previous case, the judge ruled that the public had a right to the materials and forced the transit agency to hand the tapes over.

Fyffe said he sees KGO’s legal successes as small victories in a much larger fight. "I hope in the future that this case will make Muni and other city departments more [responsive] to records requests … these kinds of incremental victories hopefully lead, little by little, to a more open government."

Print News Outlet

SACRAMENTO BEE


The Sacramento Bee operates in a city run by top-tier politicians and their spinmeisters, so the editors and reporters there have placed increasingly high value on using documents to support their stories.

"We’ve always used public records here. Being in a state capital, we’re a little more aware of the necessarily of that," managing editor Joyce Terhaar said. "You just need to be able to tell a story about what’s really happening."

Yet she said that in recent years, the Bee has made a concerted effort to hire public-records experts and to have them share their knowledge with the paper’s staff through regular workshops. And last year, those efforts paid off with a string of big, impactful investigative stories.

Among them was Andy Furillo’s look at how much the state was spending to fight inmate care lawsuits, Andrew McIntosh’s exposé on the lack of oversight for paramedics and emergency medical technicians, and stories by John Hill and Kevin Yamamura on misconduct by the state’s Board of Chiropractic Examiners.

In selecting the Bee, Society of Professional Journalists judges recognized these individual efforts as well as the Bee‘s "institutional support of reporters and their use of public records for numerous stories."

Community Media

THE BERKELEY DAILY PLANET


One of the only ways to uncover corporate wrongdoing is to dig through court records, and it’s the job of the press to report what it discovers, said Becky O’Malley, executive editor for the Berkeley Daily Planet. She was convinced that a prior court order violated the public’s constitutional rights to see court documents, so the small daily newspaper sued and won in a California appeals court last year, making public 15,000 pages of records from a class-action suit filed against Wal-Mart in 2001.

The documents included allegations that the company had denied rest breaks to its workers and deleted hours from paychecks. In the Planet‘s freedom of information suit, the appeals court judges agreed with the paper’s attorneys that the case could set a dangerous precedent where the public would have to prove its right to access court records. "It’s becoming more of a trend for judges to grant permanent seals on court records," said O’Malley. That’s unfortunate, she added, since "the only way the public finds out about bad things going on in society is through court records."

Special Citation Award

CHAUNCEY BAILEY PROJECT


After Oakland journalist Chauncey Bailey was murdered last August, a large group of Bay Area media organizations formed a rare coalition to investigate his death and the activities of Your Black Muslim Bakery, a long-time East Bay institution believed by police to be involved in the killing. Since then, the group has produced several stories complete with audio, video, and photo presentations, the most recent of which is a series by retired Santa Rosa Press-Democrat reporter Mary Fricker detailing the sexual assault allegations made by young women once in the custody of Yusuf Bey Sr., founder of the bakery. Fricker received help from independent radio journalist Bob Butler, investigative reporter A.C. Thompson, and MediaNews staff writers Cecily Burt, Thomas Peele and Josh Richman. Other stories have reported allegations of real estate fraud against bakery associates, explored potential coconspirators in Bailey’s death, and examined the bakery’s ties to several prominent politicians. More about the project — the first of its kind since a group of journalists investigated the murder of Don Bolles more than 30 years ago in Arizona — can be found at chaunceybaileyproject.org, or at www.sfbg.com/news/chaunceybailey.

Public Official

MARK LENO


It was a staff member, Kathryn Dresslar, who told Assemblymember Mark Leno how horrible state agencies had become at complying with the California Public Records Act. Dresslar served on the board of Californians Aware, a group that advocates for open government, and she described to her boss how a 1986 audit by the organization had given every one of the 33 agencies in California government a failing grade.

Ryan McKee, then a high-school student and the son of CalAware board president Rich McKee, had visited each agency and asked for a few simple things. He wanted to see each agency’s guidelines for public access, and he requested some basic information, including the salary of the agency director. Agency after agency refused to follow the law.

So Leno introduced legislation that would have mandated that every agency post its access guidelines on the Web — and included stiff fines for agencies that violated the Public Records Act. "It put some teeth into the law," Leno told us. "And I got 120 of 120 members of the state Legislature to vote for it.

That wasn’t enough for Gov. Arnold Schwarzenegger, who vetoed the bill, saying it wasn’t needed. The governor insisted that he had already ordered state agencies to fix the problem.

"It was a great eye-opener for me, and showed me the resistance this administration has to allowing public access to state government," Leno said. "Without that access the public is at a great disadvantage."

Library

UC BERKELEY’S BANCROFT LIBRARY LOYALTY OATH PROJECT


It might be hard to believe, but in 1949 the University of California Regents, a bastion of higher education, rode the wave of anticommunist fervor and McCarthyism, forcing all UC employees to take a loyalty oath. The Board of Regents adopted the rule that UC administrators pushed forth: denounce communism and swear loyalty to the state, or face losing your job.

As could be expected, people resisted and 31 faculty, workers, and student employees lost their jobs. They appealed the case to the California Supreme Court and eventually were reinstated in 1952, but the controversy cast a pall over the UC’s reputation and divided campuses. With the help of a grant from UC President Emeritus David Gardner, archivists from UC Berkeley’s Bancroft Library and other researchers painstakingly compiled 3500 pages of text, many audio statements, and photos from four UC collections.

The online collection, which went live in December 2007, serves as primary source material for students and researchers who want to understand how UC administrators got embroiled in and came to terms with the McCarthy-era tensions that rocked the country.

Legal Counsel

RACHEL MATTEO-BOEHM


Electronic data is the new frontier for public-records law, and Rachel Matteo-Boehm, a lawyer with Holme, Roberts and Owen, last year won a key case preserving the public’s right to access to what some public agencies have tried to claim was proprietary data.

The county of Santa Clara produced a digital map showing property lines, assessors parcels and other key real-estate data, and that became the basis for a geographic information system tool. The GIS would allow users to plot everything from property taxes to street repairs, public investment, political party registration, school test scores and other trends. But Santa Clara wasn’t giving it out to the public: The database cost more than $100,000, which meant only big businesses could use it.

Boehm went to court on behalf of the California First Amendment Coalition to argue that the data was public, and must be made available without high charges. "As information begins to be collected in electronic form, and governments choose to put information in sophisticated electronic formats, you can run into real public-access problems," Boehn told us.

Boehm convinced a Santa Clara Superior Court judge that the data was indeed covered under the California Public Records Act. Now Santa Clara must make the map available to the public — and other counties with similar data, seeing the results of the suit, are following that rule.

The decision was a key one, Boehm said: "One day we’re going to wake up and all there will be is electronic records," she noted. And if governments can apply different rules to those documents, "you can kiss the Public Records Act goodbye."

Whistleblower

DAN COOKE


When Dan Cooke shared details of an alleged sewage spill on Alcatraz Island with the Guardian, the health of the national park — where he’d been working as an historical interpreter for over a decade — was foremost on his mind. But he lost his job after the story was published — apparently for taking a proactive role in noting details of the spill in the island’s log book and speaking candidly to the press about what he’d seen. Wanting nothing more than a return to his job leading educational tours of the island, he filed an administrative claim with the US Department of Labor against the Golden Gate National Park Conservancy and the National Park Service. And he called the Guardian. We reported his firing. The next time Cooke called, it was to happily report he was back on the job.

Citizen

SUPERBOLD (BERKELEYANS ORGANIZED FOR LIBRARY DEFENSE)


SuperBOLD has accomplished something entirely different from what it set out to do. Originally, the small group of devoted Berkeley public library users organized to oppose the installation of RFID tags in books. "In the process of going to library board of trustees meetings, we discovered they were vioutf8g the Brown Act," said Gene Bernardi, who heads SuperBOLD’s steering committee with Jane Welford, Jim Fisher, and Peter Warfield. They found, among other things, that certain documents were only made available to trustees and a lottery system was employed in selecting speakers during public comment. They took their complaints to the Berkeley city attorney and joined up with the First Amendment Project, which threatened a lawsuit. Things have changed, though it’s still not perfect — city council meetings only allow 10 speakers and the library trustees still play the lottery for public comment, but marginal improvements portend better days.

"Now you can speak more than once," said Bernardi. "Now you can speak on consent calendar and agenda items. So there are more opportunities to speak … if the Mayor [Tom Bates] remembers to call public comment."

Electronic Access

CARL MALAMUD, PUBLIC.RESOURCE.ORG


For years, web pioneer Carl Malamud has sought ways to use the Internet to connect average citizens with their government. His new Web site public.resource.org helps that cause by excavating buried public domain information and posting it online. Though still in its early stages, the site already allows users to tap into hard-to-find records from places like the Smithsonian, Congress, and the federal courts system.

Even though most government records are part of the public domain, fishing them out from the bureaucratic depths can be a daunting and expensive task, even for someone like Malamud. During a lecture at UC Berkeley last year, he related his recent difficulties in acquiring a simple database from the Library of Congress. Instead of turning over the materials, officials at the Library cited dubious copyright protections and presented Malamud with a bill for over $85,000 — all for access to supposedly public information.

Thanks to Malamud’s Web site, that database and millions of other documents are now available with the click of a mouse. Ultimately, Malamud hopes public.resource.org will help bring about an age of "Internet governance," in which every last byte of public data winds up online for all to see, free of charge.

THE SOCIETY OF PROFESSIONAL JOURNALISTS
NORTHERN CALIFORNIA CHAPTER presents the 23RD ANNUAL JAMES MADISON FREEDOM OF INFORMATION AWARDS DINNER

MARCH 18, 2008
NEW DELHI RESTAURANT
160 ELLIS STREET
SAN FRANCISCO
No-host bar @ 5:30 p.m.
Dinner/Awards @ 6:30 p.m.

TICKETS:
$50 SPJ members & students
$70 General public
For more information, contact David Greene (dgreene@thefirstamendment.org)

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Rally Against Pink Slips

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Hundreds of people– teachers, administrators, school staff, parents, children, union members, state and city officials– gathered in front of the State Building at McAllister and Van Ness, to demand job security for educators and to put education at the top of California’s priority list.
Governor Schwarzenegger’s 2008-09 budget proposes a $4.8 billion cut in state education funds. This would create a $40 million deficit for the San Francisco Unified School District and, in anticipation, the City’s Board of Education sent out 535 pink slips to administrators and certified teachers this week. Paraprofessionals and support staff wait in limbo to learn how many of their positions are on the chopping block.
Organization and activism were in full effect at the rally: participants wore pink clothes, and carried pink balloons and signs to flaunt their opposition to termination notices; letters were written to Schwarzenegger; people carried signs reading ‘Sell a Hummer, Fund a School’ and ‘Terminate the Terminator’; chants of ‘Books Not Bombs!’ rang out; car horns blared in support.
Superintendent Carlos Garcia, who was in Sacramento yesterday with 100 state superintendents and 60 City principals to speak out against the cuts, displayed an oversized pink slip addressed to Arnold, and incited the crowd with the statement, “The fight is just starting…let’s keep the fight going!”
A number of local politicians offered words of outrage towards Schwarzenegger, as well as support of educators. Mayor Gavin Newson stated, “It goes without saying that we are opposed to the governor’s cuts.” He added that the city is not going to sit back and wait for the state to solve its woes, noting “There’s a $40 million problem, but we have a $30 million solution in our back pocket.” This refers to the City’s current $122 million rainy day fund that would divert 25% one-time infusion to SFUSD during a crisis.
State Assembly members Mark Leno and Fiona Ma also spoke. Both made specific mention of a bill, to be introduced tomorrow by Democrats in Sacramento, proposing a 6% severance tax on oil production in the state, as well as well as a 2% windfall profits tax on oil companies that could create $1.2 billion in funds to mitigate budget cuts. State Senator Carole Midgen vowed “We will never let them cut our schools”, and Supervisor Ross Mirkarimi called this endeavor a “Fight against the lack of common sense” of the Governor.
The stars of the day were the teachers, and one who received a pink slip is Tara Ramos. She is a second year probationary teacher of Spanish in 4th and 5th grades at Paul Revere Elementary in Bernal Heights. Revere is one of eight Dream Schools in SFUSD, which face especially rigorous standards in the No Child Left Behind era because a majority of students are at-risk, non-native speakers, and low proficiency.
Ramos said, “100% of the staff told the principal they want to come back,” in a recent staff meeting, yet 21 of 30 certified teachers got served notices this week, and many paraprofessionals have job insecurity.
While explaining the ‘Program Improvement’ requirements of NCLB–where standardized test scores are analyzed by factors such as race–Ramos stated, “Look at our population of kids at Paul Revere…the number of white kids you can count on one hand.” The irony of the whole situation is not lost on her or her colleagues: the tough schools that are full of young teachers face the most uncertainty; layoffs and rehirings create a cyle of shortages and voids; teachers are under constant scrutiny to raise test scores, and now have to worry about their jobs.
“It’s not fair,” Ramos said adamantly. Yet, her priority remains the children. “I’m not so worried about my job. I’m here for the kids…I can get another job.”
As Superintendent Garcia stated, the fight is just starting, so pay attention to this important issue. Write, call, or email the Governor’s office if you are opposed to his cuts, and hold all the officials accountable to their promises of support and finances. This is a social justice issue at its core.

Ammiano gives Spitzer an out

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Today’s Ammianoliner:

Governor Spitzer blames the water. Who put Viagra in the water?

(From the home answering machine of Sup. Tom Ammiano, on Tuesday, March ll, the day after he announced for the assembly in this very space.)

Personal note to Tom: Careful on your diction. Your attentive listeners almost missed the punch word: Spitzer. B3

Chemicals and quarantines

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› sarah@sfbg.com

As the California Department of Food and Agriculture (CDFA) pushes ahead with plans to aerially spray the Bay Area with pheromones to eradicate the light brown apple moth (LBAM), the San Francisco Board of Supervisors has signed onto state senator Carole Migden’s efforts to ask CDFA to put a moratorium on the spraying.

"We haven’t seen this level of concern and debate since the medfly days of then governor Jerry Brown," Sup. Ross Mirkarimi told the Guardian. "At this point, spraying sounds premature and reckless, even though I understand this is a nasty invasive pest."

Meanwhile, four members of the California State Assembly, including San Francisco’s Mark Leno, are working collaboratively on a group of LBAM-related measures to address health, scientific, and efficacy issues that remain unresolved since the agency’s multimillion-dollar eradication campaign began last year.

Leno’s part in this collaboration with fellow assembly members John Laird, Loni Hancock, and Jared Huffman involves demanding that CDFA complete an environmental impact report (EIR) before being able to apply pesticide in an urban area for LBAM eradication, which can be a lengthy process.

"By making this an urgency measure, it would take immediate effect," Leno told the Guardian. "We recognize that urban areas are concerned about health and safety, that LBAM is a real threat to the agricultural industry, and that the other side must be considered."

Last year, the United States Department of Agriculture (USDA) and CDFA both gave LBAM emergency status after the tiny, leaf-rolling Australian native was found in a Berkeley backyard, the first time it was confirmed in the continental United States.

As the USDA’s Larry Hawkins told the Guardian, the federal declaration of emergency allowed his department to access the Commodity Credit Corporation, a federally owned and operated entity within the USDA that supports and protects farm income and prices.

So far, the USDA has allocated $90 million to cover the costs of what Hawkins called "an expensive regulatory program," along with those of developing suitable pesticides and a nationwide survey to see if the moth has spread beyond California.

Hawkins claims the state separately declared an LBAM emergency — a move that allowed CDFA to go ahead and abate the pest — and that impacted the state’s normal EIR process.

"Emergency status doesn’t relieve [CDFA] of EIR requirements, but it allows them to do it simultaneously," Hawkins explained.

Since then some citizen activists have challenged the moth’s emergency status, claiming that there is no evidence that LBAM has severely damaged or infested local crops. But Hawkins says this purported lack of evidence proves that the government’s eradication program is working.

"We know the insect exists, that it destroys crops in other countries, and now you find the same insect here," said Hawkins, whose department has predicted that LBAM could inhabit 80 percent of the United States and nibble on 2,000 plant species.

"So, we can logically conclude it will cause damage here. The reason you haven’t seen major damage here is because we’ve found it early enough to deal with it before it becomes substantial. And the reason you won’t find reports of major LBAM damage in New Zealand or Australia is because they are constantly using pesticides," Hawkins said.

Asked if the USDA will fully disclose the ingredients of any product the state plans to use aerially, Hawkins said, "We cannot force a private company to reveal all their ingredients. But we have told all those companies that hope to provide products that they should expect to reveal them all."

Critics of the state’s pheromone spraying program observe that Suterra LLC, which manufactured the spray used over Santa Cruz and Monterey counties, refused to release the full ingredients until it was sued — and Gov. Arnold Schwarzenegger demanded immediate full disclosure.

These same critics also note that Schwarzenegger, who continues to support CDFA’s LBAM-eradication program, received $144,600 in campaign contributions from Los Angeles–based Roll International owners Stewart and Lynda Resnick, who control Suterra, Fiji Water, Paramount Agribusiness, and the Franklin Mint.

Records show the Resnicks donate broadly, mostly to Democrats — including the gubernatorial campaigns of Steve Westly and Phil Angelides, and US Sens. Hillary Clinton, John Edwards, and Barack Obama — with a lesser-size donation to Republican presidential front-runner John McCain, proving they play both sides of the fence.

With researchers testing a variety of LBAM-related products in New Zealand, Hawkins hopes to have a product formulated for California by June 1, which is when spraying is scheduled to resume in Santa Cruz and Monterey; spraying in the Bay Area is set for Aug. 1.

"We would like to give communities maximum notice, but we’re also working towards a beginning-of-June date, and as much as we’d like to insert artificial time frames, the insect couldn’t care less. It’s on a biological time table and is multiplying every day," Hawkins said.

David Dilworth of the Monterey nonprofit group Helping Our Peninsula’s Environment, which advocates the use of targeted pheromone-baited sticky traps, conceded that even if CDFA was forced to stop the aerial spraying, the USDA could spray anyway.

"But it would take them several months to organize, and we don’t believe they have the constitutional power," claimed Dilworth, whose organization is preparing a 60-day notice of intent to sue the USDA and the United States Environmental Protection Agency.

Meanwhile, organic farmers find themselves in an uncomfortable limbo that continues to shift. Take the Santa Cruz–based California Certified Organic Farmers (CCOF). Last fall, CCOF supported the aerial pheromone spray after the National Organics Program approved it, meaning sprayed farmers didn’t lose organic certification

But March 4, CCOF spokesperson Viella Shipley told the Guardian that the group is about to release a revised position on the spraying, and could not comment further "because CCOF’s government affairs committee has not yet approved this revised position."

"We lobbied for an organically approved product and supported it last fall when lots of our members were suffering because they were in quarantine and couldn’t sell beyond county lines," was all Shipley would say.

Meanwhile, organic farmers who spoke on condition of anonymity largely supported aerial spraying for economic and environmental reasons.

"If the moth isn’t dealt with now, it’ll become a bigger problem, from both an environmental and toxic perspective," one farmer told us, citing the already high costs of controlling such bugs as coddling moths and medflies.

"This is somebody else’s pest at the moment, a nonnative pest," he said. "If farmers have to start dealing with LBAM as well, they’ll be ruined."

He also cited his belief that there aren’t 40 million pheromone-soaked twist ties on the market, which is what the CDFA claims is needed to blanket infested counties from the ground up with female pheromones to confuse the males.

Nigel Walker, an organic farmer in Dixon, recalled the devastating costs of quarantine thanks to a medfly-infested mango that someone brought back from Hawaii.

"Their vacation cost me $60,000 because of lost sales," Walker said. "So, for God’s sake, don’t bring, mail, or FedEx fruit and vegetables into California, because border inspectors are looking for bombs and terrorists, not produce and moths.

"We live in a global economy, and we have trade agreements that say if one person gets a pest, you have to do something about it," Walker added. "Nobody wants to be sprayed. Even when I spray organic seaweed on my fruit trees, I wear a mask. So I understand the gut reaction. But by refusing to be sprayed, you’re punishing the wrong person — the farmer — who already has to deal with the vagaries of the weather, the marketplace, and pests like the medfly."

Chris Mittelstaedt, who lives in San Francisco with his family and runs Fruitguys, a small business that delivers organic fruit to offices, said he’s personally against the spraying. "But as a company, we are going to wait a few weeks before letting people know what we officially think or endorse as a plan of action," Mittelstaedt told us.

Other city dwellers are less ambivalent. Frank Eggers, a former Fairfax mayor who is organizing a group called Stop the Spray, said, "[World Trade Organization] stuff is driving this so-called moth emergency.

"We’re allowing other countries to quarantine our produce. And with the global economy, climate change, and travel, we’re going be facing this issue continuously. But we can’t keep putting poison on our land, or say we’ll put you in quarantine if you don’t accept our aerial bombardment," he said.

Paul Schramski, state director of Pesticide Watch, worries that the state and federal agencies are still not listening to the people of California.

"If this is not being driven by trade agreements, then I’m not sure what is the driver. We don’t have all the facts. But it’s not being driven by actual crop damage," Schramski said. "We agree that this invasive moth should be controlled, but it’s a false premise to believe that the choice is between aerial spraying or nothing. The state has known since August that the public was opposed to spraying, so why aren’t we producing more twist ties?"

CDFA, which used $500,000 in USDA funds to hire PR agency Porter Novelli last November at the height of public outcry, is currently researching pheromone products that last up to 90 days and is also planning to use pheromone-loaded twist ties, sticky traps, and stingerless parasitic wasps in its LBAM program.

"We believe this to be a biological emergency," CDFA public affairs supervisor Steve Lyle told us. "If we waited a year or two, so we could first do an EIR, we would lose the battle and become generally infested."

Ironically, California’s best hope for not being sprayed ad infinitum may lie in the discovery that the moth has spread to other states.

"It would make a significant impact if we were to find the insect established in other places," the USDA’s Hawkins told us. "It doesn’t mean we would throw up our hands and walk away, but it would remove some of the argument that the rest of America is at risk from California if other states already have it."

But until that time, Hawkins warned that if state legislators demand a moratorium, forced spraying won’t be the federal government’s only option: "Maybe California would have to be quarantined. And now we are talking about hundreds of millions of dollars."

Editor’s Notes

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› tredmond@sfbg.com

When Jerry Brown was governor of California, he was almost done in by the Mediterranean fruit fly. So he knows a thing or two about bug infestations and aerial spraying.

It was 1981, and Brown, approaching the end of his second and final term, was running for a spot in the United States Senate. He was the odds-on favorite to win the seat being vacated by the Republican S.I. Hayakawa; his chief Republican rival was a mild-mannered and hardly charismatic San Diego mayor named Pete Wilson.

But that summer, the fruit flies, known as medflies, started showing up in residential areas, mostly in gardens and fruit trees outside of San Francisco. Farmers worried that the pest could spread to the central valley and points south — and experts warned that the state stood to lose $1 billion per year if the agricultural industry got hit.

The flies breed rapidly and turn fresh fruit to mush. That would have been bad for growers. Even worse, the rest of the country was so worried about the tiny creatures that any sign of a commercial crop infestation might have led to a nationwide boycott of California produce.

Brown, still the staunch environmentalist, ordered the California Conservation Corps to strip the fruit off trees in the affected areas, and he ordered the release of millions of sterile flies to interrupt the mating cycles. As it turns out, the shipment of supposedly sterile flies from a Peruvian lab included at least some that were fertile; Brown argued that the error prevented the ecologically sound alternative from working.

But for whatever reason, the flies continued to spread — so the chorus from agribusiness got louder and louder. They wanted aerial saturation spraying of the pesticide malathion.

But Brown resisted. "All I could think about," he told me 10 years later, "was poison raining down from the sky."

That’s all a lot of environmentalists could think about too. The governor was knocked around like a ping-pong ball, to the delight of a mainstream media that never much liked or respected Jerry Brown. And in the end, he caved: helicopters, flying five abreast in military-style formation, began carpet bombing hundreds of square miles of mostly residential areas, dumping a chemical that a lot of critics argued could have untold long-term health effects.

The indecision pissed off the conservatives. The final outcome pissed off the environmentalists. Brown lost the Senate race.

When I talked to him about the decision, it was 1991 and I was writing a book — and Brown was mounting a surprisingly strong run for president. In retrospect, Brown thought the spraying was wrong. He thought he had to do it, but he felt horrible about it. Back then, he was a progressive populist.

And now he’s California’s attorney general, and he’s defending the state’s plans to bombard San Francisco, Marin, and the East Bay with an artificial pheromone wrapped in tiny plastic bubbles to eradicate the light brown apple moth (see page 10). I know all the arguments, but please: I have two little kids now. It’s a nasty chemical, raining down on us from the sky.

The medflies came back. So will the moths. Brown wants to come back to his old job too. You wonder if he’s learned anything.

No aerial spraying

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EDITORIAL The tiny light brown apple moth has become a huge environmental deal in Northern California. Ever since a retired entomologist found one in his Berkeley back yard a year ago, state and federal agencies have been in full attack mode. Now they’re preparing to send a fleet of airplanes to dump thousands of gallons of pest-control spray over San Francisco and the East Bay this summer. The aerial bombardment is likely to be ineffective — and it may have serious health impacts on humans. It’s a bad idea, and it needs to be stopped.

As Sarah Phelan, who first broke this story, reports on page 10, that won’t be easy: the California Department of Food and Agriculture is holding public hearings on the spraying but has insisted it will go forward no matter how much opposition emerges. State Sen. Carole Migden is trying to block the plan in the Legislature, but the governor will likely veto any bill she can get passed. So it may be that the only way to prevent San Franciscans from facing a pesticide carpet-bombing the first week in August is for somebody to file a lawsuit.

The moth frightens farmers because its larvae eat a wide variety of plants. The tiny caterpillars could do more than $600 million worth of damage to the state’s crops every year, the CDFA says.

The pest is native to Australia and had never before been reported on the United States mainland. So the authorities decided that the best solution was to eradicate it — and that the most effective way to do that was to drown the affected regions in a chemical called Checkmate.

Checkmate isn’t a poison, the way some of the nastier pesticides are. It contains an artificial version of a pheromone that female moths release to attract males during mating season. The idea is that if the pheromones are floating around in the air, the boy moths will get confused and never find the girls, and eventually the population will die out.

The mating scent is delivered in tiny bubbles of a plastic-type substance. Over time, the little capsules melt and the pheromone is released into the air. The way the state describes the spray, it can take up to 70 days for all of the active ingredients to become airborne. One application is supposed to last throughout the moth’s mating season.

But this theory has never been tested on a large scale, and some critics say it’s unlikely the pheromone assault will actually wipe out the brown apple moth population. If even just a few of the creatures manage to mate and produce offspring, the whole effort could be a failure.

The CDFA insists that Checkmate is totally safe for humans and pets, that it contains nothing toxic, and that the moth pheromone has no impact on anything other than this one type of insect. But the advisory label on Checkmate cans warns people who are applying the stuff to wear protective clothing and masks. The tiny capsules (which are not biodegradable) can’t be good for people with respiratory issues. Some residents of Santa Cruz and Monterey counties, where a first batch was sprayed last summer, reported health effects.

And we’ve been around long enough to distrust officials who tell us that chemicals sprayed into the air are perfectly safe. As one Vietnam veteran testified at a public hearing last week, the government used to say that Agent Orange was harmless too.

San Francisco and the East Bay are dense urban areas with millions of people — hundreds of thousands of them children. If the health impacts of massive aerial spraying of moth pheromones are not definitively known, it’s a bad idea to go forward.

We recognize that the moth is a threat to agriculture; so are thousands of other pests. Organic farmers manage to produce crops every year without dumping chemicals on them.

There was a time when a governor named Jerry Brown stood his ground and refused to allow aerial spraying of a toxic chemical called malathion to kill Mediterranean fruit flies. Ultimately he backed down and allowed the spraying — and in retrospect he admits that was a mistake. Brown is now the state’s attorney general, and there’s talk that he’d like his old job back. If he wants to demonstrate that he’s a real environmentalist, he ought to file suit to block the spraying.

Since that’s unlikely, it’s going to require an environmental group with the resources and legal support to take this to court. San Francisco’s full of them; someone needs to step forward.

“Raise taxes. That clear enough?”

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I guess there’s something to be said for term limits. State Senate President Don Perata, who will be out of office next year, said loud and clear yesterday something that’s needed to be said for a long time in this state: The governor’s budget cuts are unacceptable. And the state needs to find some new revenue.

The L.A. Times reports on a Perata press conference:

Perata drew his line in the sand while standing with his successor as Senate chief, Democrat Darrell Steinberg of Sacramento, and other Democratic senators and school leaders. Perata said the governor’s proposal to cut school spending by 10% is unacceptable, and Democrats will reject any budget that includes less for education next year than this year.

Asked how Democrats propose to make up the difference, Perata said: “Raise taxes. That clear enough? Raise taxes.”

Given the state’s dire finances, he said, “no one is going to tell me . . . the average Californian would not be willing to pay pennies on the dollar more for an education system . . . that is worth what we believe California is about.”

David Dayen at Calitics has the right line on this:

The second statement is exactly the way to play this. California is worth paying for. This state deserves a better education system than it’s getting, a better health care system than it’s getting, better infrastructure than it’s getting. Because of the broken revenue model, we can’t even fund the landmark global warming law that got the Governor on the cover of all those magazines. Paying for this state to have the society everyone generally wants is a patriotic act. That’s exactly the frame the Democrats are using.

There’s a hint of a “go-for-broke” strategy here, which I believe is sped up by the transition in the leadership. We’ve needed to have this fight for 20 years.

And so, the fight begins.

Money grows on trees

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› news@sfbg.com

GREEN CITY A lone fisher casts his line off the wooden dock of Candlestick Point, his favorite spot and one at risk of closure from state budget cuts.

"The tide is too low today to catch anything, but supposedly there’s halibut now after the rain," Ernesto Perez told the Guardian as he walked back to his car empty-handed, hoping to return later.

Gov. Arnold Schwarzenegger’s office has proposed closing 48 of the 278 state parks by July 2009 because of a projected $14.5 billion state deficit. A big chunk of that shortfall is from the car tax Schwarzenegger repealed when he took office, triggering threats to schools, parks, and social welfare programs.

The parks with the lowest revenue or highest maintenance costs were placed on the closure list. Nine Bay Area parks could be affected, ranging from the small Candlestick Point to Henry W. Coe State Park near San Jose, the largest in Northern California.

Although the state could save $13.3 million if the parks close, the governor hasn’t calculated how much would be lost in tax revenue from the businesses these parks sustain, nor does he seem interested in the intrinsic loss of valued public assets.

"Look at how important Hearst Castle is to the central coast’s economy," Roy Stearns, spokesperson for California State Parks, told the Guardian.

The agency was asked to reduce its 2008–09 budget by about 10 percent, achieved mostly through layoffs and closing parks. Rangers will provide rudimentary maintenance of the closed parks, mostly monitoring illegal campers and fires. The state does not know how much money it would need to reopen the parks or when such funds might become available.

"In essence the state is abandoning the parks," Barbara Hill, vice president of the California State Parks Foundation, told the Guardian. She fears poaching, arson, and illegal dumping will proliferate. "How will they be able to properly secure the borders?" she asked.

The CSPF, a nonprofit that helps to preserve state parks, recently secured $17 million to restore tidal marshes in Candlestick Point. If implemented, the project would create the largest contiguous wetland in the city. The plan is now on hold, forcing the area into further decay.

Nature lovers are not the only ones concerned about the state parks’ cuts. If the 48 parks do close, the expected 6.5 million person drop in visitors will certainly impact the revenues of cities, counties, and the state. According to the California Division of Tourism, 73 percent of visitors come to the state for leisure purposes, and each county earns about $1.5 billion per year from tourism.

"It’s a shame to close Candlestick. I don’t know how it will affect my business," Andy Hung, owner of 88 Fishing Tackle on San Bruno, told the Guardian. "Even now there aren’t enough public piers to fish from." If Candlestick closes, Hung believes fishers will migrate somewhere else.

Across the bay in Benicia, people are worried. The city’s main attraction, the Benicia Capitol State Historic Park, is on the parks closure list. "It’s our most significant building, and we’re lobbying so the final budget cut won’t include it," Amalia Lorentz, Benicia’s economic development manager, told the Guardian.

A 2001 study by the California Polytechnic State University at San Luis Obispo found that visitors to Morro Bay State Park contributed $15 million to the local economy over two years and were responsible for the creation of 364 jobs. Benicia has almost three times the population of Morro Bay. Although the Morro Bay park will remain open under the budget cut, eight other parks in the area will close.

Officials say they doubt higher entrance fees are the solution to saving the parks. "We’ve raised fees three times in the last seven years. They’re the highest in the nation, and we don’t want to price people out," Stearns said. Funds to the state park system have been slashed consistently since the 1980s, and parks have been relying more on entrance fees than state funding. Because of a 233 percent increase in day fees in the past six years, California park attendance has dropped by about nine million people, according to state park officials.

Several organizations, including the CSPF, are collecting signatures and donations to encourage Schwarzenegger and the legislature not to sacrifice California’s parks to political expediency.

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

The governor’s spending addiction

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OPINION Just five months after boasting that California’s "budget deficit is zero," Gov. Arnold Schwarzenegger recently came back to tell us the state is facing a staggering $14.5 billion shortfall over the next 18 months.

To deal with this amazing turn of events he is now proposing that we slash funding for our court system; virtually close down our state parks system; cut more than $4.5 billion from K–12 education; decimate our AIDS Drug Assistance Program; further reduce reimbursement rates for health care providers; put the children of mothers on state assistance at risk of homelessness; deny the blind, the elderly, and the disabled even a minimal cost-of-living adjustment; and continue to underfund our higher education systems.

Voters should rightfully be bewildered and seriously concerned. How and when did this crisis happen? How could the state go from a budget deficit of zero to one of $14.5 billion in just five months?

The governor’s earlier boast about our nonexistent budget deficit was a great line from a great showman. But it failed to tell the real story.

The fact remains that Schwarzenegger created the beginnings of this budget catastrophe on his very first day in office, when he followed through on a campaign pledge he made during the 2003 recall election. His promise was to rescind the restoration of the vehicle license fee.

The VLF was created in 1935 as a 1.5 percent tax on the purchase price of every automobile sold in California. Iconic Republican governor Earl Warren raised it to 2 percent in 1948. VLF revenue does not go to the state’s General Fund. Rather, it goes to local governments to pay for fire and police protection, keep libraries and parks open, and keep our streets clean.

In 1998, at the height of the dot-com boom, when California had surplus tax revenue, the Stage Legislature offered car owners a temporary relaxation on the VLF. The average 2 percent VLF was then $300. The "good times" tax break lowered the amount car owners paid to just $100. The state picked up the remaining $200 so local governments would continue to receive the entire $300. At the time this cost the GF around $5 billion annually. The deal was to continue as long as there were "sufficient general funds" to make up the difference.

In 2003, after the boom went bust, we faced a $38 billion state budget deficit. Then-governor Gray Davis’s finance director correctly determined that there were no longer sufficient general funds to continue the good times tax break. The VLF was restored to where it had been for 50 years.

Candidate Schwarzenegger seized on the issue, and the rest is history. Unfortunately, the $6.15 billion that Schwarzenegger is now spending annually on the VLF tax break is money we don’t have. Neither are the billions he’s spending to cover that debt, which stands at more than $20 billion over the past four years. Combined, the cost of the VLF tax break and the debt to service it account for almost 90 percent of our current budget deficit.

Without the governor’s reckless and profligate spending habit, our state would have no budget crisis and there would be no need to dismantle essential governmental services.

We need to finally have an honest conversation with the voters of California. One can debate whether or not the VLF spending program is a good idea. What is not debatable is that the ongoing GF cost of the VLF spending program is the main cause of our budget woes.

An immediate intervention is necessary. We must break the governor’s spending addiction to correct the course of our state.

Mark Leno

Mark Leno represents Assembly District 13 in Sacramento.

Brad Will and the politics of oil

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MEXICO CITY – Flash back to October 27th, 2006. American photojournalist Brad Will is splayed out on a sidewalk in Oaxaca, Mexico, mortally wounded by the pistoleros of rogue governor Ulisis Ruiz during tumultuous street battles in that southern city. His killers have never been prosecuted.

Now fast forward to this past January 10th. Manlio Fabio Beltrones, the unctuous leader of the once-ruling (71 years) PRI party faction in the Mexican Senate, announces to a gaggle of reporters that the PRI is prepared to back President Felipe Calderon and his right-wing PAN in passing an “energy reform” package that would permit transnational corporations to generate 49% of the nation’s electricity and open PEMEX, the state petroleum monopoly expropriated from its Anglo-American owners in 1938 and nationalized by President Lazaro Cardenas, to such oil titans as Exxon, British Petroleum, and Shell. Beltrones’ personal preference to initiate the proposed “association of private capitals”: Petrobras, the Brazilian national oil company which opened itself to private investment back in 1997 and which has extensive experience in deep water drilling.

What is the connection between these two apparently unconnected events? Just this: the cover-up of Brad Wills’ death smoothed the way for the PRI-PAN partnership to privatize PEMEX.

Although his killers were plainly identified as plainclothes police on Ulisis’s payroll, Wills’ inconvenient death was ignored by then-president Vicente Fox despite demands by human rights and journalist protection organizations for a full investigation of the killing, one of 26 perpetrated by Ruiz’s death squads between August and October of 2006. Fox’s successor, Felipe Calderon, followed suit and stonewalled an inquiry into Wills’ murder. Similarly, the U.S. Embassy in Mexico never sought justice for a slain citizen despite the personal pleas of the dead man’s family.

Why such studied indifference?

Because holding Governor Ruiz, a prominent PRIista, accountable for the killing(s) would have upset the burgeoning alliance between the PRI and the PAN to ratify Calderon’s legislative agenda, the most pertinent item of which was “energy reform” i.e. the privatization of PEMEX.

Embassy inaction on Brad Wills’ murder followed the same logic. As U.S. ambassador, Bush crony Tony Garza is charged with representing U.S. interests in Mexico and Washington’s interest in opening up Mexican oil to U.S. transnationals far outweighs its interest in bringing the killers of a freelance anarchist reporter to justice. The U.S. has long contemplated a North American Energy Alliance that would guarantee access to Mexican and Canadian reserves.

To this end, Washington has played an active role in facilitating the impending privatization of Petrolios Mexicanos. Over the past months, U.S. transnationals and their associates in government have orchestrated an extraordinary campaign to hoodwink Mexicans into swallowing the lie that PEMEX is hopelessly broken and must be opened to private capital forthwith for the salvation of the Fatherland.

Last July, ex-Federal Reserve czar Alan Greenspan was beamed into Mexico for a teleconference with the nation’s most exalted business council to deliver an ultimatum: if PEMEX was not fixed quickly, the country faced fiscal crisis. Indeed, the petroleum giant (the 11th largest on the planet) generates 40% of Mexico’s total budget and 100% of a social budget that keeps 70,000,000 Mexicans who live in and around the poverty line, in relative quiescence. By “fixing” PEMEX, Greenspan meant privatizing it.

It should be noted that Alan Greenspan is an expert on fiscal crises – his monetary policies just helped to tripwire such a crisis in his own country, the sub-prime disaster.

The Greenspan game plan was echoed December 13th in a memo issued by the International Monetary Fund urgently counseling legislation to allow private capital into PEMEX before the government went broke. Garza’s embassy chimed in the next day, warning of massive capital flight if the Mexican Congress did not pass Calderon’s “energy reform” package. On December 19th, The Economist, which ironically was founded on the fortune reaped by Anglo oil companies in Mexico that eventually became British Petroleum, opined that “the obvious solution to the disaster of PEMEX is to privatize.” Finally, the U.S. Department of Energy delivered the death knell on January 9th: the lack of investment in PEMEX’s Exploration and Exploitation (PEP) division spelled energy catastrophe – not a good sign for Washington’s North American Energy Alliance strategy. On January 10th, the PRI came on board to back Calderon’s “energy reform.”

Despite the Jeremiads, the putsch for privatization has lost considerable steam globally. In fact, a moderate swing to nationalization seems to be in process. Amidst prognoses of irreparable damage to the Venezuelan economy, Hugo Chavez renationalized sectors of PDVSA, the state oil company, and ran a 12% surge in domestic growth in 2007 in spite of it. Bolivia has renationalized natural gas production and Ecuador is on the brink of doing so. The most successful renationalization has been in Putin’s Russia where Gazoprom and Yukos became major world players overnight.

According to Mexican strategic resource writer Alfredo Jalife, 32% of the world’s petroleum supply is in the hands of private transnationals, 20% is nationalized or in the process of being renationalized, and the rest is held by mixed state-private corporations.

But despite their exaggerated anguish at an energy meltdown if PEMEX is not privatized, the doomsayers do have a point: Petrolios Mexicanos is in deep doo-doo. Daily accidents such as the unquenchable fire that took 21 workers’ lives on a Caribbean oil platform and contaminated surrounding waters last fall, pipeline bombings by the guerrilla Popular Revolutionary Army, and the failure to modernize infrastructure – no new refinery has been built in 20 years – is stark evidence of corporate corrosion.

Despite 100-weak-dollar-a-barrel prices (Mexican light crude tops out around $80 USD these days) that generated $2.3 billion in enhanced revenues during the first ten months of 2007, lack of refining capacity forces PEMEX to shell out $5 billion Yanqui dollars each year to import 40% of its gasoline needs – which is to say that for every $1 of the increased revenues PEMEX takes in, two bucks go out for gas.

Calderon’s solution? The so-called “Gasolinazo”, the President’s gift to the driving public on January 6th, the Day of the Kings (Mexican Christmas), that will increase prices at the pump incrementally each month indefinitely. Increased transportation costs are expected to impact food prices across the board.

But the bad news doesn’t stop there. The big battle over Mexican oil is really a battle over crumbs. If U.S. Department of Energy calculations are on target, Mexico only has 12.9 billion barrels in proven reserves, depletion of which could turn PEMEX into a net importer by 2018 if no new petroleum sources are uncorked before then – although Mexico is the sixth largest international oil producer, it has only 1% of the planet’s proven reserves.

With the Cantarell field in the Sound of Campeche, the magnum star of offshore production that has motored PEMEX since the 1990s, just about tapped out, the clock is ticking. To exacerbate this doomsday scenario, Mexico is pumping out what it has left at a record clip to capitalize on the booming barrel price – PEMEX now produces about 3.2 million barrels daily, fully 1.7 million of which are sent up the Gulf to the U.S., an export platform that is accelerating depletion and subsidizing Washington’s wars around the world.

Given this bleak picture, most experts concur that the only place PEMEX can go to drill for new reserves is deep water, five miles down in the Gulf of Mexico. The only catch is that Petrolios Mexicanos does not have deep water drilling capacity. That’s where Petrobras, as contemplated in the PRI/PAN privatization scheme, would come in handy.

What exactly constitutes privatization? Auctioning off the corporation from the top

to the highest bidder or selling it off piece by piece from the bottom? During 35 years of oil boom and bust, PEMEX has systematically dismantled its Exploration & Exploitation division and handed it over to transnational subcontractors, emphasizes Autonomous National University researcher John Saxe- Fernandez who heads up the UNAM’s Strategic Resources Institute. At the top of Saxe-Fernandez’s list of prominent subcontractors is Halliburton with 159 PEMEX contacts since 2000 worth $1.2 billion USD – Halliburton moved into Mexico in the 1990s during the development of Cantarell when Dick Cheney was CEO.

But subcontracting out choice contracts goes back generations. George Bush pere partnered with PEMEX director Jorge Serrano (who later went to jail) in Zapata Offshore, a drilling outfit that operated in the Sound of Campeche in the 1970s. Today, virtually every major transnational driller has a piece of the Mexican action.

A recent daily La Jornada investigation by energy reporter Israel Rodriguez revealed the signing of a series of secret “pre-privatization” covenants to exploit Mexican fields with Shell (the mysterious “Project Margarita”), Exxon, Petrobras, Nexen (Canada), and StatsOil (Norway.) The contracts, accessed through Mexico’s Freedom of Information Act, contained clauses whose contents cannot be divulged for the next five years.

The PRI/PAN energy scam is currently being hatched in the Mexican Senate’s Energy Commission chaired by Francisco Labastida, a former secretary of energy (as is Calderon) and the PRI’s losing presidential candidate in 2000. Those who have gotten a peek at the details label the energy reform legislation “privatization lite” with foot-in-the-door measures that will allow for the “association of private capital” in such areas as pipelines and refineries. The legislation stops short of amending the Mexican Constitution’s Article 27, which stipulates that the petroleum belongs to the nation.

Skirting a constitutional amendment will deny ammo to AMLO – leftist Andres Manuel Lopez Obrador, who many believe was swindled out of the presidency in 2006 and who has emerged as the leader of the fight against privatization. This January, Lopez Obrador announced formation of a cross-party Movement In Defense of Petroleum whose battle cry is “Mexico is not for sale!”

The ex-presidential candidate proposes that PEMEX can raise sufficient revenues without opening itself up to private investment by simply cleaning house – the corporation has long been riddled with corruption, bribe-taking, kickbacks and rampant dirty dealing. For decades, the PRI siphoned off millions to finance its electoral campaigns – in 2000, $110 million USD in PEMEX funds were funneled through the gangster-ridden petroleum workers union into Labastida’s campaign coffers, the so-called “PEMEXgate” scandal.

AMLO has also long advocated the construction of three new refineries to offset the escautf8g cost of importing gasoline which he tags “an absurd situation” for the world’s sixth largest oil producer.

In the opposite corner, Lopez Obrador’s archrival Felipe Calderon insists that opening PEMEX to private capital will somehow make Petrolios Mexicanos “more Mexican” (“more productive, more competitive, more Mexicano.”)

“To hand over our natural resources to foreign powers is an act of treason,” AMLO responds, quoting the man who expropriated and nationalized Mexico’s petroleum in 1938, President Lazaro Cardenas. Lopez Obrador’s defense of Mexican oil will be a first test for the grassroots base the leftist has been cultivating since the tainted 2006 election and is sure to frame the next round of his ongoing bout with Calderon and his allies. AMLO, who in the past has been able to mobilize millions, is calling for nationwide protests this March 18th, the 70th anniversary of Cardenas’s expropriation.

Petroleum is a patriotic fluid here. Expropriation of the oil industry from the “extranjeros” (foreigners, literally “strangers”) was the high point of revolutionary nationalism in Mexico. But in a globalized world, the coming battle around the privatization of PEMEX is not just a Mexican matter anymore and, indeed, has far-reaching implications for the future of neo-liberalism in the Americas.

Sprawled in the Oaxaca street, the life blood leaking from him, the last thing Brad Will could have imagined is that in death he would become an accidental pawn to the transnationals’ ambitions to privatize Mexican oil. Tragically, in the end, that may be Wills’ most significant legacy.

“Blindman’s Buff” has opened it lists to new subscribers. Contact the Blindman (his vision is improved) at johnross@igc.org for your lifetime subscription. Warning: there is no way to get off these lists. You will receive BMB until either you or I croak.

Bring back the car tax

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EDITORIAL Assemblymember Mark Leno has shared with us some numbers from the legislature’s budget office, and they’re pretty compelling. Of the $14.5 billion shortfall the governor says we’ll see in the next 18 months, a full $9.36 billion — 65 percent — comes from exactly one source. That’s Gov. Arnold Schwarzenegger’s political decision to get rid of the state’s motor vehicle license fee. He calls it the car tax.

It’s crazy: for years the people of California paid the fee, which used to be 2 percent of the car’s value, to register their cars. It’s not a perfect tax, but it’s not a terrible one — people with expensive cars pay more — and it brought in a huge amount of money. When Schwarzenegger ran for office he promised to get rid of it, and that’s one of the first things he did after he was elected — but he never explained how the state was going to cover the cost.

California hasn’t been overspending on education and parks. It hasn’t been wasting huge amounts of money on social services or sending too much to cities. The state was already living on a rather modest budget. And then along came the recession, the huge interest payments ($2 billion) on the governor’s recent bail-out bonds, and the elimination of the vehicle license fee, and suddenly, there’s a massive budget shortfall.

The legislature’s pretty hamstrung here: Leno and some others will try, and try mightily, to bring in some new money, but it takes two-thirds of the State Assembly and the State Senate to pass a budget, and the Republicans, who have sworn on Ronald Reagan’s grave never to raise taxes, control more than a third of each house. And everyone, even the liberal Democrats, agrees that if you take a poll, the vast majority of Californians will oppose reinstating the dreaded "car tax."

But if you asked the question right — "Would you pay $200 per year to save public education, parks, and health services in California?" — you might get a better answer. This needs to be a massive, statewide campaign and education program — because unless we can turn around sentiment on the vehicle license fee, the next few years are going to be very, very ugly

Editor’s Notes

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When the political consultants get their focus groups and test the slogans that will guide political policy in California, the one that comes out near the top all the time is "living within our means." That’s why Gov. Arnold Schwarzenegger used the line (as many of his predecessors have done) to try to make his brutal, bloody budget cuts sound eminently reasonable. The hardworking taxpayers of this state have to live within their means, right? They can’t spend more money than they have. So when the state comes up short, the governor and the legislature just have to do what’s necessary to make payment due balance with accounts received.

But it’s a misleading metaphor.

Imagine you’re working at a full-time job, just barely managing to cover the bills, and all of a sudden, through no fault of your own, your boss decides to cut your pay by 15 percent. Life wasn’t exactly easy before; now it really sucks. Now the essentials are at risk — you can’t pay the rent and put food on the table and buy clothes for your kids without going into debt. And sure, you can borrow for a while and run up the credit cards, but it won’t work in the long term and will wind up costing you a lot more.

And your boss smiles and tells you to live within your means.

This is what’s happened to California. The people who operate the public services (schools, parks, hospitals, etc.) that we all depend on just saw their income cut radically. The state already tried borrowing, but the interest alone is going to cost $2 billion this year; California, like so many Californians, is having trouble with its debt load.

So what would your typical breadwinner try to do? Well, he or she would complain about the pay cut and fight to get that money back, look for another job, possibly moonlight…. In other words, those hardworking taxpayers would try hard to find a revenue-side solution. For the state, that means raising taxes. Focus-group that one, Mr. Governor.

Endorsements

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President, Democrat

BARACK OBAMA


This is now essentially a two-person race for the Democratic nomination, and no matter how it comes down, it’s a historic moment: neither of the front-runners for the White House (and by any standard, the Democratic nominee starts off as the front-runner) is a white man. And frankly, the nation could do a lot worse than either President Hillary Clinton or President Barack Obama.

But on the issues, and because he’s a force for a new generation of political activism, our choice is Obama.

Obama’s life story is inspirational, and his speeches are the stuff of political legend. He can rouse a crowd and generate excitement like no presidential candidate has in many, many years. He has, almost single-handedly, caused thousands of young people to get involved for the first time in a major political campaign.

The cost of his soaring rhetoric is a disappointing lack of specific plans. It can be hard at times to tell exactly what Obama stands for, exactly how he plans to carry out his ambitious goals. His stump speeches are riddled with words like change and exhortations to a new approach to politics, but he doesn’t talk much, for example, about how to address the gap between the rich and the poor, or how to tackle urban crime and poverty, or whether Israel should stop building settlements in the occupied territories.

In fact, our biggest problem with Obama is that he talks as if all the nation needs to do is come together in some sort of grand coalition of Democrats and Republicans, of "blue states and red states." But some of us have no interest in making common cause with the religious right or Dick Cheney or Halliburton or Don Fisher. There are forces and interests in the United States that need to be opposed, defeated, consigned to the dustbin of history, and for all of Obama’s talk of unity, we worry that he lacks the interest in or ability to take on a tough, bloody fight against an entrenched political foe.

Still, when you look at his positions, he’s on the right track. He wants to raise the cap on earnings subject to Social Security payments (right now high earners don’t pay Social Security taxes on income over $97,000 a year). He wants to cut taxes for working-class families and pay for it by letting the George W. Bush tax cuts on the rich expire (that’s not enough, but it’s a start). He wants to double fuel-economy standards. His health care plan isn’t perfect, but it’s about the same as all the Democrats offer.

And he’s always been against the war.

It’s hard to overstate the importance of that. Obama spoke out against the invasion when even most Democrats were afraid to, so he has some credibility when he says he’s going to withdraw all troops within 16 months and establish no permanent US bases in Iraq.

Hillary Clinton has far more extensive experience than Obama (and people who say her years in the White House don’t count have no concept of the role she played in Bill Clinton’s administration). We are convinced that deep down she has liberal instincts. But that’s what’s so infuriating: since the day she won election to the US Senate, Clinton has been trianguutf8g, shaping her positions, especially on foreign policy, in an effort to put her close to the political center. At a time when she could have shown real courage — during the early votes on funding and authorizing the invasion of Iraq — she took the easy way out, siding with President Bush and refusing to be counted with the antiwar movement. She has refused to distance herself from such terrible Bill Clinton–era policies as welfare reform, the North American Free Trade Agreement, and don’t ask, don’t tell. We just can’t see her as the progressive choice.

We like John Edwards. We like his populist approach, his recognition that there are powerful interests running this country that won’t give up power without a fight, and his talk about poverty. In some ways (certainly in terms of campaign rhetoric) he’s the most progressive of the major candidates. It is, of course, a bit of a political act — he was, at best, a moderate Southern Democrat when he served in the Senate. But at least he’s raising issues nobody else is talking about, and we give him immense credit for that. And we’ve always liked Dennis Kucinich, who is the only person taking the right positions on almost all of the key issues.

But Edwards has slid pretty far out of the running at this point, and Kucinich is an afterthought. The choice Californians face is between Hillary Clinton and Barack Obama. And Obama, for all of his flaws, has fired up a real grassroots movement, has energized the electorate, and is offering the hope of a politics that looks forward, not back. On Feb. 5, vote for Barack Obama.

President, Republican

RON PAUL


We have a lot of disagreements with Ron Paul and his libertarian worldview. He opposes the taxes that we need to make civil society function and the government regulations that are essential to protecting the most powerless members of society. From its roots in the Magna Carta and Adam Smith’s economic theories to the Bill of Rights, it’s clear the United States was founded on a social compact that libertarians too often seem to deny. And Paul compounds these ills in the one area in which he departs from the libertarians: he doesn’t support federal abortion rights. He’s been associated with some statements that are racially insensitive (to say the least). He clearly shouldn’t be president.

But he won’t — Paul isn’t going to win the nomination. So it’s worthwhile endorsing him as a protest vote for two reasons. His presence on the ballot serves to show up some of the hypocrisies of the rest of the GOP field — and he is absolutely correct and insightful on one of the most important issues of the day: the war.

Paul is alone among the Republican candidates for president in sounding the alarm that our country is pursuing a dangerous, shortsighted, hypocritical, expensive, and ultimately doomed strategy of trying to dominate the world militarily. He opposed the invasion of Iraq and thinks the US should pull out immediately. It’s immensely valuable to have someone like that in the GOP debates, speaking to the conservative half of our country about why this policy violates the principles they claim to hold dear.

Paul is absolutely correct that if we stopped trying to police the world, ended the war on drugs, and quit negotiating trade deals that favor multinational corporations over American families and workers, we would be a far more free and prosperous nation.

President, Green

CYNTHIA MCKINNEY


We endorsed Ralph Nader for president in 2000, in large part as a protest vote against the neoconservative politics of the Bill Clinton administration (the North American Free Trade Agreement, the General Agreement on Tariffs and Trade, welfare "reform," etc.). And Nader’s Green Party campaign had a place (particularly in a state the Democrats were going to win anyway). We’ve never been among those who blame Nader for Al Gore’s loss — Gore earned plenty of blame himself. But four years later we, like a lot of Nader’s allies and supporters, urged him not to run — and he ignored those pleas. Now he may be seeking the Green Party nomination again. Nader hasn’t formally announced yet, but he’s talking about it — which means he still shows no interest in being accountable to anyone. It’s too bad he has to end his political life this way.

Fortunately, there are several other credible Green Party candidates. The best is Cynthia McKinney, the former Georgia congressional representative, who has switched from the Democratic to the Green Party and is seeking a spot on the top of the ticket. McKinney has her drawbacks, but we’ll endorse her.

The real question here is not who would make a better president (that’s not in the cards, of course) but who would do more to build the Green Party and promote the best course for a promising third party that still hasn’t developed much traction as a national force. We’ve been clear for years that the Greens should be working from the grass roots up: the party’s first priority should be electing school board members, community college board members, members of boards of supervisors and city councils. Over time, leaders like Mark Sanchez, Jane Kim, Matt Gonzalez, and Ross Mirkarimi can start competing for mayor’s offices and posts in the State Legislature and Congress. Running a presidential candidate only makes sense as part of a party-building operation. (That’s what Nader did in 2000, and for all the obvious reasons he’s incapable of doing it today.)

But the Greens insist on running candidates for president, so we might as well pick the best one.

McKinney has a lot to offer the Greens. She’s an experienced legislator who has won several tough elections and taken on a lot of tough issues. As an African American woman from the South, she can also broaden the party’s base. She was a solid progressive in Congress, where she was willing to speak out on issues that many of her colleagues ducked (she was, for example, one of the few members to push for an impeachment resolution).

McKinney has her downside — in recent years she’s been flirting with the loony side of the left, getting a bit close to some Sept. 11 conspiracy theories that hurt her credibility (although she’s also made some very good points about the attacks and the lack of a serious investigation into what happened). And some of her supporters have made alarmingly anti-Semitic statements (from which, to her credit, she has attempted to distance herself). But she has to come out now, strongly, to denounce those sorts of comments and show that she can build a real coalition.

With those (serious) reservations, we’ll give her the nod.

Proposition 91 (use of gas tax)

NO


Prop. 91 is essentially an effort to ensure that revenue from the state’s gas tax goes only to roads and highways. It’s a moot point anyway: Proposition 1A, which passed last year, did the same thing, and now even proponents of 91 are urging a No vote.

But we’re going to take this opportunity to reiterate our opposition to Prop. 1A, Prop. 91, and any other ridiculous effort to restrict the use of gasoline tax revenues.

It should be clear to everyone at this point that the widespread overuse of automobiles is having far bigger impacts on California than just wear and tear on the roads. Cars are the biggest single cause of global warming, and they kill and injure more Californians than guns do, causing enormous costs that are borne by all of us. Driving a car is expensive for society, and drivers ought to be paying some of those costs. That should mean extra gas taxes and a reinstatement of the vehicle license fee to previous levels (and extra surcharges for those who drive Hummers and other especially wasteful, dangerous vehicles). That money ought to go to the state General Fund so California doesn’t have to close state parks and slash spending on schools and social services, as Gov. Arnold Schwarzenegger is proposing.

Proposition 92 (community college funding)

YES


Prop. 92 is another example of how desperate California educators are and how utterly dysfunctional the state’s budget process has become.

The measure is complicated, but it amounts to a plan to guarantee community colleges more money — a total of about $300 million a year — and includes provisions to cut the cost of attending the two-year schools. Those are good things: community colleges serve a huge number of students — about 10 times as many as the University of California system — many of whom come from lower-income families who can’t afford even a small fee increase. And, of course, as the state budget has gotten tighter, community college fees have gone up in the past few years — and as a result, attendance has dropped.

Part of the way Prop. 92 cuts fees is by divorcing community college funding from K–12 funding — and that’s created some controversy among teachers. Current state law requires a set percentage of California spending (about 40 percent) to go to K–12 and community college education, but there’s no provision to give more money to the community colleges when enrollment at those institutions grows faster than K–12 enrollment.

Some teachers fear that Prop. 92 could lead to decreased funds for K–12, and that’s a real concern. In essence, this measure would add $300 million to the state budget, and it includes no specific funding source. This worries us. In theory, the legislature and the governor ought to agree that education funding matters and find the money by raising taxes; in practice, this could set up more competition for money between different (and entirely worthy) branches of the state’s public education system — not to mention other critical social services.

But many of the same concerns were voiced when Prop. 98 was on the ballot, and that measure probably saved public education in California. The progressives on the San Francisco Board of Education all support Prop. 92, and so do we. Vote yes.

Proposition 93 (term limits)

YES


This is pathetic, really. The term-limits law that voters passed in 1990 has been bad news, shifting more power to the governor and ensuring that the State Assembly and the State Senate will be filled with people who lack the experience and institutional history to fight the Sacramento lobbyists (who, of course, have no term limits). But the legislature isn’t a terribly popular institution, and the polls all show that it would be almost impossible to simply repeal term limits. So the legislature — led by State Assembly speaker Fabian Núñez, who really, really wants to keep his job — has proposed a modification instead.

Under the current law, a politician can serve six years — three terms — in the assembly and eight years — two terms — in the senate. Since most senators are former assembly members, that’s a total of 14 years any one person can serve in the legislature.

Prop. 93 would cut that to 12 years — but allow members to serve them in either house. So Núñez, who will be termed out this year, could serve six more years in the assembly (but would then be barred from running for the senate). Senators who never served in the assembly could stick around for three terms.

That’s fine. It’s a bit better than what we have now — it might bring more long-term focus to the legislature and eliminate some of the musical-chairs mess that’s brought us the Mark Leno versus Carole Migden bloodbath.

But it’s sad that the California State Legislature, once a model for the nation, has been so stymied by corruption that the voters don’t trust it and the best we can hope for is a modest improvement in a bad law. Vote yes.

Propositions 94, 95, 96, and 97 (Indian gambling compacts)

NO


We supported the original law that allowed Indian tribes to set up casinos, and we have no regrets: that was an issue of tribal sovereignty, and after all the United States has done to the tribes, it seemed unconscionable to deny one of the most impoverished populations in the state the right to make some money. Besides, we’re not opposed in principle to gambling.

But this is a shady deal, and voters should reject it.

Props. 94–97 would allow four tribes — all of which have become very, very wealthy through gambling — to dramatically expand the size of their casinos. The Pechanga, Morongo, Sycuan, and Agua Caliente tribes operate lucrative casinos in Southern California, spend a small fortune on lobbying, and convinced Gov. Arnold Schwarzenegger to give them permission to create some of the largest casinos in the nation. Opponents of this agreement have forced the issue onto the ballot.

The tribes say the deals will bring big money into the state coffers, and it’s true that more gambling equals more state revenue. But the effective tax rate on the slot machines (and this is all about slot machines, the cash engines of casinos) would be as little as 15 percent — chump change for a gambling operation. And none of the other tribes in the state, some of which are still desperate for money, would share in the bounty.

The big four tribes refuse to allow their workers to unionize. While we respect tribal sovereignty, the state still has the right to limit the size of casinos, and if the tribes want the right to make a lot more money, they ought to be willing to let their workers, not all of them Indians, share in some of the rewards. We’re talking billions of dollars a year in revenue here; paying a decent salary is hardly beyond the financial ability of these massive operations.

The governor cut this deal too fast and gave away too much. If the tribes want to expand their casinos, we’re open to allowing it — but the state, the workers, and the other tribes deserve a bigger share of the revenue. Vote no on 94-97.

Proposition A (neighborhood parks bond)

YES


This $185 million bond has the support of a broad coalition of local politicians and activists, Mayor Gavin Newsom, and every member of the Board of Supervisors. It would put a dent in the city’s serious backlog of deferred maintenance in the park system.

The measure would allocate $117.4 million for repairs and renovations of 12 neighborhood parks, selected according to their seismic and safety needs as well as their usage levels. It would also earmark $11.4 million to replace and repair freestanding restrooms, which, the Recreation and Park Department assures us, will be kept open seven days a week.

The bond also contains $33.5 million for projects on Port of San Francisco land, including a continuous walkway from Herons Head Park to Pier 43 and new open spaces at regular intervals along the eastern waterfront. While some argue that the Port should take care of its own property, it’s pretty broke — and there’s a growing recognition that the city’s waterfront is a treasure, that open space should be a key component of its future, and that it doesn’t really matter which city agency pays for it. In fact, this bond act would provide money to reclaim closed sections of the waterfront and create a Blue Greenway trail along seven miles of bay front.

One of the more questionable elements in this bond is the $8 million earmarked for construction and reconstruction of city playfields — which includes a partnership with a private foundation that wants to install artificial turf. There’s no question that the current fields are in bad repair and that users of artificial turf appreciate its all-weather durability. But some people worry about the environmental impact of the stuff, which is made from recycled tires, while others wonder if this bond will end up giving control of 7 percent of our parkland to the sons of Gap founder Don Fisher (their City Fields Foundation is the entity contributing matching funds for city-led turf conversions). Although the Rec and Park Department has identified 24 sites for such conversions, none can take place without the Board of Supervisors’ approval — and the supervisors and the Rec and Park Commission needs to make it clear that if neighbors don’t want the artificial turf, it won’t be forced on them.

Prop. A also earmarks $5 million for trail restoration and $5 million for an Opportunity Fund, from which all neighborhoods can leverage money for benches and toilets through in-kind contributions, sweat equity, and noncity funds.

And it includes $4 million for park forestry and $185,000 for audits.

With a 2007 independent analysis identifying $1.7 billion in maintenance requirements, this is little more than a start, and park advocates need to be looking for other, ongoing revenue sources. But we’ll happily endorse Prop. A.

Proposition B (deferred retirement for police officers)

YES


We’ve always taken the position that relying exclusively on police officers to improve public safety is as useless as simply throwing criminals behind bars — it’s only part of the solution and will never work as an answer all on its own.

But we’re also aware that the city is suffering a dramatic shortage of police officers; hundreds are expected to retire within a few short years, and those figures aren’t being met by an equal number of enrollees at the academy.

So we’re supporting Prop. B, even if it’s yet another mere stopgap measure the police union has dragged before voters, and even though the San Francisco Police Officers Association is often hostile to attempted law enforcement reforms and is never around when progressives need support for new revenue measures.

Prop. B would allow police officers who are at least 50 years of age and who have served for at least 25 years to continue working for three additional years with their regular pay and benefits while the pension checks they’d have otherwise received collect in a special account with an assured annual 4 percent interest rate.

The POA promises Prop. B will be cost neutral to taxpayers, and the city controller will review the program in three years to ensure that remains the case. Also at the end of three years, the Board of Supervisors, with a simple majority vote, could choose to end or extend it.

POA president Gary Delagnes added during an endorsement interview that department staffers in San Francisco who reach retirement age simply continue working in other police jurisdictions. If that’s the case, we might as well keep them here.

No other city employees are eligible for such a scheme, which strikes us as unfair. And frankly, one of the main reasons the city can’t hire police officers is the high cost of living in San Francisco — so if the POA is worried about recruitment, the group needs to support Sup. Chris Daly’s affordable-housing measure in November.

But we’ll endorse Prop. B.

Proposition C (Alcatraz Conversion Project)

NO


We understand why some people question why a decaying old prison continues to be a centerpiece of Bay Area tourism. A monument to a system that imprisoned people in cold, inhumane conditions doesn’t exactly mesh with San Francisco values.

But the Alcatraz Conversion Project, which proposes placing a half–golf ball–like Global Peace Center atop the Rock, is a wacky idea that looks and sounds like a yuppie tourist retreat and does little to address the island’s tortured past. People don’t have to support everything with peace in the title.

The proposal includes a white domed conference center for nonviolent conflict resolution, a statue of St. Francis, a labyrinth, a medicine wheel, and an array of what proponents call "architecturally advanced domed Artainment multimedia centers."

We agree with the ideal of dedicating the island to the Native Americans who fished and collected birds’ eggs from this once guano-covered rock for thousands of years and whose descendants carried out a bold occupation at the end of the 1960s. But this proposal seems based on wishful thinking, not fiscal or environmental realities.

The plan is backed by the Global Peace Foundation, which is a branch of the San Francisco Medical Research Foundation, a Mill Valley nonprofit founded by Marin resident and Light Party founder Da Vid. It’s just goofy. Vote no.

Next week: Alameda County endorsements.

A no-new-cuts budget

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EDITORIAL It’s time for Democrats in Sacramento to show some political courage. Gov. Arnold Schwarzenegger has thrown down the gauntlet, offering a budget plan that isn’t just brutal and wrong — it’s a train wreck, a catastrophe that would devastate public education, parks, and basic services in California for years to come. The Democrats need to publicly declare this dead on arrival and offer an alternative plan that closes most of the $14 billion deficit with new taxes.

The budget deficit is serious business: it represents more than 10 percent of the state budget, and, after a series of tough years that have left California in debt, it’s not going to be easy to eliminate. And we recognize that Schwarzenegger is serious about across-the-board cuts — he’s willing to eliminate 6,000 jobs from the bloated prison system and let 22,000 inmates out early. That’s long overdue, and those savings can be incorporated in any final plan.

But slicing the education budget by $4 billion is insane. We’re not just talking about government employees losing their jobs or reducing bureaucratic overhead — this is about threatening the future of a generation of California kids. Those kinds of cuts — which absolutely will translate into a loss of teachers, school closures, and the end of music, art, and science programs — aren’t just one-year measures that can be repaired later. These are deep reductions in the state’s commitment to educating children who can’t afford private schools — and those kids will suffer for years.

Closing parks, cutting social programs, and eviscerating aid to cities — which will mean another round of cuts at the local level — would do serious damage to California. And none of it is necessary.

The governor’s pledge not to raise taxes demonstrates that, for all his talk of bipartisanship, at heart he’s a George W. Bush Republican. Cutting state spending at this level as the nation heads into a recession is insane; all the governor’s plan would do is drive the economy further into the tank, destroy more jobs, and reduce tax revenue, making next year’s problem even worse.

Think about it for a second: just restoring the vehicle license fee, which is a modest tax on car ownership, would bring in more than $4 billion, enough to save public education.

The richest Californians have done very well under the Bush tax cuts. And the deficits that those tax cuts created are part of California’s budget problem. Even increasing state income taxes slightly on those very-high-wage earners would bring in as much as $3 billion, according to the California Tax Reform Association — and since the rich can deduct state taxes from their federal payments, this would ultimately be a way to transfer money from Washington DC back to California.

That state’s sales tax code is still stuck in another era, and all sorts of things defined as services don’t get taxed at all — even though, according to the CTRA, "many ‘services’ are actually the temporary use of tangible commodities, such as admission to sporting events, ski resorts, golf courses, amusement parks, gyms and concerts, and should be in the tax base." Fixing that problem would bring in another $4 billion.

In other words, a few modest changes in the tax laws that would affect only the rich and those with excess disposable income would solve the budget deficit without cutting any services at all (except prisons, which need to be cut anyway). And that’s without even addressing the regressive mess that is Proposition 13.

A revenue-based solution would also prevent a deep hit to the economy, because shifting money from the very rich (who don’t tend to spend their marginal dollars) to the poor (who tend to put every new dollar right into the economy) is always a source of economic stimulus.

The Democratic leadership knows this. Most of the rank-and-file Democrats in the State Legislature know this. It’s not rocket science. But politicians in California are terrified of raising taxes — but in 2008 they have to get over it. It’s the responsibility of the Democratic leadership to educate the public about the real choices here, the real economics, the real stakes — and the only humane, credible solutions. If they cower in fear and cave in to the governor now, it’s hard to imagine when they will ever be able to take a stand.

The press: Humbled in New Hampshire

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B3 comment:

As I said in my post-election blog, I liked the fact that it was the voters, not the pundits nor the pollsters, who decided the New Hampshire primary and surprised everyone.

I also liked this commentary below by Fairness & Accuracy in Reporting, a national media watchdog group, who asked the Washington Post’s David Broder and NBC’s Tim Russert to explain their embarrassingly wrong predictions, rebuked NBC’s Chris Matthews for horserace coverage, and quoted NBC’s Tom Brokaw offering some good reporting advice, and then giving its own good advice.

FAIR to the campaign reporters: “Reporters should strive for coverage no matter what the results are.”

Brokaw: “Wait for the voters to make their judgment…”

B3 adds: “Reporters should cover the issues and the policy differences between the candidates. And work to keep the war and Bush on the front burner at all times.”

fair.gif

http://www.fair.org/index.php?page=3242

Media Advisory

Humbled in New Hampshire?
Press Needs to Refocus Campaign Coverage

1/11/08

Leading up to the New Hampshire primary, the storyline on the Democratic side was the disastrous state of the Clinton campaign. Her loss was a given; it seemed the only considerations were the margin of defeat and whether or not she would even continue running at all. The day of the primary, the Washington Post reported (1/8/08) that a second loss to Obama “would leave the New York senator’s candidacy gasping for breath,” and declared that Clinton’s vow to stay in the race

may be more wish than reality. By Wednesday, it may be too late. By then, Obama’s campaign may have inflicted enough damage on the woman-who-was-once-inevitable that no amount of readjusting, recalibrating and rearranging will give her the wherewithal to overcome two big losses in the first contests of the 2008 nomination battle.

Clinton, of course, won the primary–surprising the pundits and contradicting the polls that journalists unwisely use to set the tone of so much of their coverage. In the aftermath, the media were left asking what went “wrong” with the numbers. As the front page of USA Today declared (1/10/08), “For pollsters, N.H. ‘unprecedented.'” But this isn’t so; the actual USA Today story included a state pollster who noted that pre-election polls in 2000 vastly underestimated John McCain’s victory over George W. Bush. Right before the primary, the New York Times reported (1/30/00) that “a series of polls showed the two Republican front-runners in a dead heat.” Given that McCain won by 19 points, journalists and pollsters puzzling over Clinton’s showing are ignoring very recent history.

As the media mea culpas start to pile up, it’s worth considering the unspoken implication–that if the vote had gone the way the polls were predicting, then the press would have been doing a fine job of covering an election. But journalists should not be gamblers, betting that they will be vindicated by voters’ choices that are inherently unpredictable. Reporters should strive for coverage that holds up no matter what the results are.

Expectations and reality
Though they often prefer to think of themselves as mere observers of an election, the media clearly set the tone for much of the campaign, laying out expectations for various candidates and making editorial decisions about who the most “viable” contenders will be–usually long before most actual voters have been given the chance to weigh in.

But beating the expectations doesn’t necessarily guarantee good coverage. Democratic contender John Edwards defied press predictions by finishing second in Iowa, ahead of supposed front-runner Hillary Clinton. But much of the media conversation after the votes were tallied focused on the disappointing Edwards showing. By contrast, Republican John McCain had a great night in Iowa, according to many in the press– despite the fact that he finished fourth, behind Fred Thompson. The obvious difference is not how well the candidates did but how well they are liked by the press corps.

Some in the media point out that the Republican race in New Hampshire went as predicted, so it wasn’t all bad news for the press. But the campaign coverage still included its share of bizarrely confident predictions. NBC’s Tim Russert (1/4/08) declared that “only McCain or Romney can come out of New Hampshire to fight for another day in South Carolina, only one. One stays behind. It is make or break for McCain or Romney in New Hampshire.” Given that both candidates are, by all appearances, continuing to campaign, will Russert explain where his prediction came from? Or as the Washington Post’s David Broder wrote before the New Hampshire vote (1/4/08), “A second Romney loss would effectively end the former Massachusetts governor’s candidacy.”

Horse race
There’s a long trend of media hostility towards so-called “second-tier” candidates (Extra!, 9/10/03). As a recent Wall Street Journal news story put it (1/10/08), “In both parties, second-tier candidates continue to press on and siphon off votes.” But Broder and Russert were not just saying that non-frontrunners have a duty to get out of the way–they were asserting that a loss in New Hampshire would mean that Romney would no longer be a front-runner. This illustrates an important point about mainstream election coverage: Not only do journalists and pundits devote far too much attention to covering the horse race aspect of campaigns, but when they cover the horse race they generally do a poor job of it.

Primary elections and caucuses determine how a state party’s delegates are assigned; if a candidate wins enough delegates, they will almost certainly be their party’s nominee. So a reasonably helpful media would focus on this delegate count. But the mathematics of this process are obscured by the media’s obsession with “wins” and “losses” in highly visible contests.

Consider Barack Obama’s apparently monumental victory in the Iowa caucuses. The distribution of delegates, though, was hardly so dramatic: Obama won 16, Clinton 15 and Edwards 14. In a race to secure a little over 2,000 delegates, the results are of little consequence. In New Hampshire, Clinton’s dramatic comeback netted her nine delegates–the same number awarded to Obama. In the total delegate count tallied on CNN’s website–which counts a large number of party insiders awarded as “superdelegates”–Clinton has more than double the number of delegates as Obama, and Edwards is about 25 delegates behind Obama.

On the Republican side, McCain’s victory in New Hampshire gained him seven delegates; to put that in context, Romney’s second-place finish in Iowa was worth 12 delegates. And Romney’s win in the Wyoming primary–which received almost no media coverage at all–secured him eight delegates. His total delegate count still puts him ahead of all or most his competitors (depending on whether you believe CNN or ABC), though the media coverage would lead you to conclude otherwise.

Given that the process of nominating a presidential candidate is a matter of winning delegates, why does the press assign so much significance to the Iowa caucuses and New Hampshire primaries? The implicit assumption is that these small states have a big role in determining the eventual party nominees, but they actually have a quite mixed record in projecting overall winners in competitive races. (Gary Hart, Paul Tsongas and Pat Buchanan were all New Hampshire winners.) Neither does losing early primaries necessarily doom a candidacy–in 1992, Bill Clinton lost the first five contests. The media’s decision to place such importance on the small number of delegates in the first two states has little to do with any actual reasonable political determination.

What do we cover now?
Former NBC anchor Tom Brokaw offered some helpful commentary during the coverage of the New Hampshire primaries, suggesting to MSNBC anchor Chris Matthews that reporters put less emphasis on trying to predict outcomes and spend more time covering actual policy:

BROKAW: You know what I think we’re going to have to do?

MATTHEWS: Yes sir?

BROKAW: Wait for the voters to make their judgment.

MATTHEWS: Well, what do we do then in the days before the ballot? We must stay home, I guess.

BROKAW: No, no we don’t stay home. There are reasons to analyze what they’re saying. We know from how the people voted today, what moved them to vote. You can take a look at that. There are a lot of issues that have not been fully explored during all this.

Matthews’ response is illuminating. Does a political junkie who hosts two national television programs really not have any idea about how to cover politics other than talking about strategy, fundraising and polls? Do campaign journalists really have so little interest in the actual policy positions of the candidates?

As it stands now, the races for the major party nominations are remarkably close. The most valuable service journalists could provide now would be to illustrate the differences between the candidates on the major issues of importance to voters. The press corps seems chastened by their misreading of the New Hampshire electorate, and many are vowing to be more cautious in their assumptions. Will they follow through on their own advice? And will voters ever get campaign reporting that helps them make informed choices about the direction of their democracy?

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Peter Hart on 2008 primaries, Kali Akuno on New Orleans public housing (1/11/08-1/17/08)

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