Health

Lawsuits target Airbnb rentals

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LAWSUITS TARGET AIRBNB RENTALS

The San Francisco City Attorney’s Office last week filed a pair of lawsuits against local landlords who illegally rent out apartments on a short-term basis, units that had been cleared of tenants using the Ellis Act. Meanwhile, the San Francisco Tenants Unions has hired attorney Joseph Tobener to file more such lawsuits, and he is preparing to file at least seven lawsuits involving 20 units.

The lawsuits are the latest actions in a fast-moving crackdown on Airbnb and other online companies that facilitate short-term apartment rentals that violate city laws against converting apartments into de facto hotel rooms, including VRBO.com and Homeaway.com.

Board of Supervisors President David Chiu recently introduced legalization that would legalize, limit, and regulate such rentals, a measure that will be considered this summer. That legislation comes on the heels of Airbnb’s decision to stop stonewalling the city (and us at the Guardian, which has been raising these issues for the last two years) by agreeing to start paying the transient occupancy taxes it owes to the city for its transactions and creating new terms of service that acknowledge its business model may violate local laws in San Francisco and elsewhere (see “Into thin air,” 6/6/13).

As we’ve reported, City Attorney Dennis Herrera has been working with tenant groups and others on a legal action aimed at curtailing the growing practice of landlords using online rental services to skirt rent control laws and other tenant protection, removing units from the permanent housing market while still renting them out at a profit.

“In the midst of a housing crisis of historic proportions, illegal short-term rental conversions of our scarce residential housing stock risks becoming a major contributing factor,” Herrera said in a public statement. “The cases I’ve filed today target two egregious offenders. These defendants didn’t just flout state and local law to conduct their illegal businesses, they evicted disabled tenants in order to do so. Today’s cases are the first among several housing-related matters under investigation by my office, and we intend to crack down hard on unlawful conduct that’s exacerbating—and in many cases profiting from—San Francisco’s alarming lack of affordable housing.”

Tobener tells the Guardian that the San Francisco Tenants Union hired him to discourage local landlords from removing units from the market. “The San Francisco Tenants Union is just fed up with the loss of affordable housing,” Tobener told us. “It’s not about the money, it’s about getting these units back on the market.” (Steven T. Jones)

 

SF LOOKS TO MARIN FOR RENEWABLES

Just in time for Earth Day, a renewed effort to reduce the city’s carbon emissions was introduced at the April 22 Board of Supervisors yesterday. Sup. John Avalos introduced a resolution calling for a study of San Francisco joining Marin Clean Energy, which provides renewable energy to that county’s residents.

The move is seen largely as an effort to circumvent Mayor Ed Lee’s opposition to implementing a controversial renewable energy plan called CleanPowerSF (see “Revisionist future,” April 15).

“Mayor Lee and the Public Utilities Commission objected to CleanPowerSF, but they have offered no other solution to provide San Franciscans with 100 percent renewable electricity,” Avalos said in a public statement. “With this ordinance, we can either join Marin or we can implement our own program, but we can no longer afford to do nothing.”

The resolution is the latest effort in the long saga to implement CleanPowerSF, San Francisco’s proposed renewable energy alternative to PG&E, whose current energy mix is only 19 percent renewable. Much of PG&E’s current mix is dirty and directly contributes to half of San Francisco’s carbon footprint, according to the city’s own recent Climate Action Strategy.

Joining Marin under a Joint Powers Authority would provide a vehicle for San Francisco to enact CleanPowerSF’s goals, long blocked by the mayor. San Francisco’s renewable energy effort may have lingered in legal limbo for years, but Marin made the switch to renewables in 2010.

“It’s something people want, and it also reduces greenhouse gas emissions,” Marin Clean Energy Executive Officer Dawn Weisz told the Guardian. Much of Northern California, she noted, has little choice but to use PG&E for their electricity.

“The people never chose to have a monopoly in place,” she said. “People like having choices.” (Joe Fitzgerald Rodriguez)

BEACH FIRES CONTAINED

The National Parks Service is once again moving to limit and maybe even ban fires on Ocean Beach, replaying an episode from 2007 that was temporarily solved by volunteers and artistic new fire rings placed by the group Burners Without Borders, despite a lack of follow-through by NPS’s Golden Gate National Recreation Area.

Citing complaints about burning toxic materials, leaving messes, and people drinking on the beach (gasp!), the GGNRA this week announced a summer pilot program that would include moving the curfew up from 10pm to 9pm, installing a dozen new fire rings, and improved public outreach and monitoring of the conditions on the beach.

“We [have] over the years seen a rising problem over safety and general breaking of park rules like broken bottles. And with incidents of assault and underage drinking, mostly occurring during the night, GGNRA Area Director Howard Levitt told the Guardian.

But Tom Price, who helped create the 2007 compromise, said GGNRA never kept its end of the bargain — such as installing more rings to supplement the half-dozen created by artists, or creating visible signage so visitors would know what the rules area — and now it’s acting in a rapid, unilateral, and unreasonable way to ban beach fires.

“They never did the outreach or education or put out more fire rings,” Price said, urging people to let GGNRA know they support allowing fires on Ocean Beach, one of just two spots within GGNRA jurisdiction where they’re allowed (Muir Beach is the other). “The Parks Service has to be reasonable, and banning fires after 9pm in not reasonable.” (Steven T. Jones and Bryan Augustus)

TAX WEALTH, PIKETTY SAYS

French economist Thomas Piketty got a warm welcome in San Francisco last week when nearly 200 people turned out to hear him discuss what is fast-becoming the defining book of this new Gilded Era of escalating disparities in wealth: Capital in the 21st Century.

“The book has been so popular that Harvard University Press has run out,” The Green Arcade owner Patrick Marks said in introducing Piketty at a the April 22 event held across Market Street from the bookstore, in the McRoskey Mattress Company, in order to accommodate the large crowd.

Indeed, Capital has recently been lauded by a string of influential publications, ranging from The Nation through The New York Times to the Wall Street Journal, all acknowledging this as perhaps the most exhaustive study on wealth data ever collected — and a clear-eyed warning that capitalism isn’t the self-correcting system that its biggest boosters claim it is.

Piketty’s work shows how when the return on capital is greater than the annual growth rate of the overall economy, which is usually the case (except when interrupted temporarily by the major wars of the 20th Century, or the 90 percent tax rate on the highest US incomes after World War II), that dynamic consolidates wealth in ever-fewer hands, which is bad for the health of the economic system. The only real cure, Piketty concludes, is a progressive global tax on wealth. Yet Piketty tries to avoid being too prescriptive, choosing to let his research speak for itself. “All I’m trying to do is present this book so everyone can make up his own mind,” Piketty told the gathering. In fact, he thinks the cure he outlines at the end of his book is less important than what comes before it: “You can disagree with everything in Part IV and still find interest in Parts I, II, and III.” (Steven T. Jones)

Don’t police the pot docs

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By Ahimsa Porter Sumchai

OPINION

Senate Bill 1262 was introduced in the California Senate on Feb. 21 by veteran legislator Lou Correa. It is a medical marijuana bill designed to regulate physicians, dispensaries, and cultivation sites via rigid government oversight. Sponsored by the California Police Chiefs Association, SB 1262 promises to “provide a clear road map for the responsible implementation of Proposition 215 in California since voters approved it in 1996.”

The Compassionate Use Act of 1996, which created Heath & Safety Code 11362.5, ensures that seriously ill Californians have the right to obtain and use marijuana for medical purposes when the use is deemed appropriate and recommended by a physician.

As a licensed physician with a registered medical practice in San Francisco, I have reviewed the wording of SB 1262. The bill is highly punitive, clearly seeking to punish doctors who recommend medical marijuana (MM). SB 1262 concerns me most because it duplicates and violates existing state and federal statutes that clarify the physicians’ role in recommending MM.

In the 2002 case Conant v. McCaffrey, the federal government was enjoined by the US District Court in San Francisco from punishing physicians for recommending MM. That ruling affirms physicians’ First Amendment right to make recommendations.

SB 1262 requires the Medical Board of California to audit any physician who recommends MM more than 100 times a year. On April 2, the US Supreme Court struck down limits on federal campaign donations under the auspices of First Amendment free speech rights. Thus, a SCOTUS precedent was set that can be legally interpreted to defend a physician’s free speech right to authorize as many patients to use MM as deemed medically necessary.

SB 1262 establishes requirements for prescribing and record-keeping for physicians who recommend MM in a bill sponsored by law enforcement officials who lack medical or relevant education training. Guidelines and accepted standards for recommending MM were developed by licensed California physicians and adopted by the MBC on May 7, 2004.

SB 1262 violates the California law that protects the privacy of patient medical information — The Confidentiality of Medical Information Act — as well as federal law protecting health information, by mandating physicians report all MM recommendations along with private patient records. The Health Insurance Portability and Accountability Act (HIPAA) requires patient authorization for disclosure of patient health information. HIPAA is a federal regulation, and MBC has no authority to evaluate HIPAA violations.

SB 1262 mandates a training and certification requirement for any doctor who recommends MM, with a $5,000 fine for noncompliance. I support SB 1262’s efforts to establish standards for quality assurance and testing of marijuana cultivated for medical use, but even that section duplicates guidelines developed and adopted by the Attorney General’s Office in 2008.

Physicians are capable of regulating their practice standards without law enforcement oversight and SB 1262 is opposed by the California Medical Association, which issued guidelines for physicians recommending MM in 2004, which includes proper record-keeping and annual examinations.

“Medical marijuana evaluation clinics are engaged in the practice of medicine, and physicians are responsible for their patients,” that 20-page Digest for Medical Marijuana Clinics affirms.

Marijuana remains listed in Schedule 1 of the federal Controlled Substances Act and has no accepted medical use. The lack of dose response curve research conducted in large population-controlled trials coupled with the lack of standardized cannabinoid profiling, potency, pesticide, and microbiological testing make it difficult for the physician to offer dosing recommendations for MM short of the adage “start low, go slow.”

The American Public Health Association, American Academy of HIV Medicine, and many other medical institutions join Americans for Safe Access — the largest member-based marijuana advocacy organization in the country — in promoting safe and legal access to MM for therapeutic uses and research. Polling shows Americans of all political stripes support medical marijuana, and SB 1262 would be a step backward that the public doesn’t want to take.

Ahimsa Porter Sumchai is a physician and former District 10 supervisorial candidate.

Guardian endorsements

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OUR CLEAN SLATE VOTERS GUIDE TO TAKE TO THE POLLS IS HERE.

 

Editor’s Note: Election endorsements have been a long and proud part of the Guardian’s 48-year history of covering politics in San Francisco, the greater Bay Area, and at the state level. In low-turnout elections like the one we’re expecting in June, your vote counts more than usual, and we hope our endorsements and explanations help you make the best decisions.

 

GOVERNOR: JERRY BROWN

There is much for progressives to criticize in Jerry Brown’s latest stint as governor of California. He has stubbornly resisted complying with federal court orders to substantially reduce the state’s prison population, as well as shielding the system from needed journalistic scrutiny and reforms of solitary confinement policies that amount to torture. Brown has also refused to ban or limit fracking in California, despite the danger it poses to groundwater and climate change, irritating environmentalists and fellow Democrats. Even Brown’s great accomplishment of winning passage for the Prop. 30 tax package, which eased the state back from financial collapse, sunsets too early and shouldn’t have included a regressive sales tax increase. Much more needs to be done to address growing wealth disparities and restore economic and educational opportunity for all Californians.

For these reasons and others, it’s tempting to endorse one of Brown’s progressive challenges: Green Party candidate Luis Rodriguez or Peace and Freedom Party candidate Cindy Sheehan (see “Left out,” April 23). We were particularly impressed by Rodriguez, an inspiring leader who is seeking to bring more Latinos and other marginalized constituencies into the progressive fold, a goal we share and want to support however we can.

But on balance, we decided to give Brown our endorsement in recognition of his role in quickly turning around this troubled state after the disastrous administration of Arnold Schwarzenegger — and in the hope that his strong leadership will lead to even greater improvement over his next term. While we don’t agree with all of his stands, we admire the courage, independence, and vision that Brown brings to this important office. Whether he is supporting the California High-Speed Rail Project against various attacks, calling for state residents to live in greater harmony with the natural world during the current drought, or refusing to shrink from the challenges posed by global warming, Jerry Brown is the leader that California needs at this critical time.

 

LIEUTENANT GOVERNOR: GAVIN NEWSOM

Gavin Newsom was mayor of San Francisco before he ascended to the position of Lieutenant Governor, and we at the Bay Guardian had a strained relationship with his administration, to put it mildly. We disagreed with his fiscally conservative policies and tendency to align himself with corporate power brokers over neighborhood coalitions. As lieutenant governor, Newsom is tasked with little — besides stepping into the role of governor, should he be called upon to do so — but has nevertheless made some worthwhile contributions.

Consider his stance on drug policy reform: “Once and for all, it’s time we realize that the war on drugs is nothing more than a war on communities of color and on the poor,” he recently told a crowd at the Democratic Party convention in Los Angeles. “It is fundamentally time for drug policies that recognize and respect the full dignity of human beings. We can’t wait.” In his capacity as a member of the UC Board of Regents, Newsom recently voted against a higher executive compensation package for a top-level administrator, breaking from the pack to align with financially pinched university students. In Sacramento, Newsom seems to come off as more “San Francisco” than in his mayoral days, and we’re endorsing him against a weak field of challengers.

 

SECRETARY OF STATE: DEREK CRESSMAN

Although the latest Field Poll shows that he has only single-digit support and is unlikely to make the November runoff, we’re endorsing Derek Cressman for Secretary of State. As a longtime advocate for removing the corrupting influence of money from politics through his work with Common Cause, Cressman has identified campaign finance reform as the important first step toward making the political system more responsive to people’s needs. As Secretary of State, Cressman would be in a position to ensure greater transparency in our political system.

We also like Alex Padilla, a liberal Democrat who has been an effective member of the California Senate. We’ll be happy to endorse Padilla in November if he ends up in a runoff with Republican Pete Peterson, as the current polling seems to indicate is likely. But for now, we’re endorsing Cressman — and the idea that campaign finance reform needs to be a top issue in a state and country that are letting wealthy individuals and corporations have disproportionate influence over what is supposed to be a democracy.

 

CONTROLLER: BETTY YEE

The pay-to-play politics of Leland Yee and two other California Democrats has smeared the Assembly. Amid the growls of impropriety, a report by the Center for Investigative Reporting has painted Speaker of the Assembly John Perez, a leading candidate for Controller, with a similar brush. CIR revealed Perez raised money from special interest groups to charities his lover favored, a lover later sued for racketeering and fraud.

Betty Yee represents an opportunity for a fresh start. On the state’s Board of Equalization she turned down campaign donations from tobacco interests, a possible conflict of interest. She also fought for tax equity between same-sex couples. The Controller is tasked with keeping watch on and disbursing state funds, a position we trust much more to Yee’s careful approach than Perez’s questionable history. Vote for Yee.

 

TREASURER: JOHN CHIANG

While serving as California’s elected Controller, John Chiang displayed his courage and independence by refusing to sign off on budgetary tricks used by then-Gov. Arnold Schwarzenegger and some legislative leaders, insisting on a level of honesty that protected current and future Californians. During those difficult years — as California teetered on the brink of bankruptcy, paralyzed by partisan brinksmanship each budget season, written off as a failed state by the national media — Chiang and retiring Treasurer Bill Lockyer were somehow able to keep the state functioning and paying its bills.

While many politicians claim they’ll help balance the budget by identifying waste and corruption, Chiang actually did so, identifying $6 billion by his estimate that was made available for more productive purposes. Now, Chiang wants to continue bringing fiscal stability to this volatile state and he has our support.

 

ATTORNEY GENERAL: KAMALA HARRIS

Kamala Harris has kept the promise she made four years ago to bring San Francisco values into the Attorney General’s Office, focusing on the interests of everyday Californians over powerful vested interests. That includes strengthening consumer and privacy protections, pushing social programs to reduce criminal recidivism rather than the tough-on-crime approach that has ballooned our prison population, reaching an $18 billion settlement with the big banks and mortgage lenders to help keep people in their homes, and helping to implement the Affordable Care Act and the legalization of same-sex marriage in the state.

Harris has maintained her opposition to the death penalty even though that has hurt her in the statewide race, and she brings to the office an important perspective as the first woman and first African American ever to serve as the state’s top law enforcement officer. While there is much more work to be done in countering the power of wealthy individuals and corporations and giving the average Californian a stronger voice in our legal system, Harris has our support.

 

INSURANCE COMMISSIONER: DAVE JONES

We’ve been following Dave Jones’s legislative career since his days on the Sacramento City Council and through his terms in the California Legislature, and we’ve always appreciated his autonomy and progressive values. He launched into his role as Insurance Commissioner four years ago with an emergency regulation requiring health insurance companies to use no more than 20 percent of premiums on profits and administrative costs, and he has continued to do what he can to hold down health insurance rates, including implementing the various components of the Affordable Care Act.

More recently, Jones held hearings looking at whether Uber, Lyft, and other transportation network companies are adequately insured to protect both their drivers and the general public, concluding that these companies need to self-insure or otherwise expand the coverage over their business. It was a bold and important move to regulate a wealthy and prosperous new industry. Jones deserves credit for taking on the issue and he has earned our endorsement.

 

SUPERINTENDENT OF SCHOOLS: TOM TORLAKSON

This race is a critical one, as incumbent Tom Torlakson faces a strong challenge from the charter school cheerleader Marshall Tuck. An investment banker and Harvard alum, Tuck is backed by well-heeled business and technology interests pushing for the privatization of our schools. Tech and entertainment companies are pushing charter schools heavily as they wait in the wings for lucrative education supply contracts, for which charter schools may open the doors. And don’t let Waiting for Superman fool you, charter schools’ successful test score numbers are often achieved by pushing out underperforming special needs and economically disadvantaged students.

As national education advocate Diane Ravitch wrote in her blog, “If Tuck wins, the privatization movement will gain a major stronghold.” California ranks 48th in the nation in education spending, a situation we can thank Prop. 13 for. We’d like to see Torlakson advocate for more K-12 school dollars, but for now, he’s the best choice.

 

BOARD OF EQUALIZATION: FIONA MA

Fiona Ma was never our favorite member of the San Francisco Board of Supervisors, and in the California Legislature, she has seemed more interested in party politics and leadership than moving legislation that is important to San Francisco. There are a few exceptions, such as her attempts last year to require more employers to offer paid sick days and to limit prescription drug co-payments. But she also notoriously tried to ban raves at public venues in 2010, a reactionary bill that was rejected as overly broad.

But the California Board of Equalization might just be a better fit for Ma than the Legislature. She’s a certified public accountant and would bring that financial expertise to the state’s main taxing body, and we hope she continues in the tradition of her BOE predecessor Betty Yee in ensuring the state remains fair but tough in how it collects taxes.

 

ASSEMBLY, DISTRICT 17: DAVID CAMPOS

The race to replace progressive hero Tom Ammiano in the California Assembly is helping to define this important political moment in San Francisco. It’s a contest between the pragmatic neoliberal politics of Board of Supervisors President David Chiu and the populist progressive politics of Sup. David Campos, whom Ammiano endorsed to succeed him.

It’s a fight for the soul of San Francisco, a struggle to define the values we want to project into the world, and, for us at the Bay Guardian, the choice is clear. David Campos is the candidate that we trust to uphold San Francisco’s progressive values in a state that desperately needs that principled influence.

Chiu emphasizes how the two candidates have agreed on about 98 percent of their votes, and he argues that his effectiveness at moving big legislation and forging compromises makes him the most qualified to represent us in Sacramento. Indeed, Chiu is a skilled legislator with a sharp mind, and if “getting things done” — the prime directive espoused by both Chiu and Mayor Ed Lee — was our main criterion, he would probably get our endorsement.

But when you look at the agenda that Chiu and his allies at City Hall have pursued since he came to power — elected as a progressive before pivoting to become a pro-business moderate — we wish that he had been a little less effective. The landlords, tech titans, Realtors, and Chamber of Commerce have been calling the shots in this city, overheating the local economy in a way that has caused rapid displacement and gentrification.

“Effective for whom? That’s what’s important,” Campos told us during his endorsement interview, noting that, “Most people in San Francisco have been left behind and out of that prosperity.”

Campos has been a clear and consistent supporter of tenants, workers, immigrants, small businesses, environmentalists — the vast majority of San Franciscans, despite their lack of power in City Hall. Chiu will sometimes do right by these groups, but usually only after being pushed to do so by grassroots organizing and lobbying efforts.

Campos correctly points out that such lobbying is more difficult in Sacramento, with its higher stakes and wider range of competing interests, than it is on the local level. Chiu’s focus on always trying to find a compromise often plays into the hands of wealthy interests, who sometimes just need to be fought and stopped.

We have faith in Campos and his progressive values, and we believe he will skillfully carry on the work of Ammiano — who is both an uncompromising progressive and an effective legislator — in representing San Francisco’s values in Sacramento.

 

ASSEMBLY, DISTRICT 19: PHIL TING

Incumbent Phil Ting doesn’t have any challengers in this election, but he probably would have won our support anyway. After proving himself as San Francisco’s Assessor, taking a strong stance against corporate landowners and even the Catholic Church on property assessments, Ting won a tough race against conservative businessman Michael Breyer to win his Assembly seat.

Since then, he’s been a reliable vote for legislation supported by most San Franciscans, and he’s sponsoring some good bills that break new ground, including his current AB 1193, which would make it easier to build cycletracks, or bike lanes physically separated from cars, all over the state. He also called a much-needed Assembly committee hearing in November calling out BART for its lax safety culture, and we hope he continues to push for reforms at that agency.

 

PROPOSITION 41: YES

Over a decade ago, Californians voted to use hundreds of millions of our dollars to create the CalVet Home and Farm Loan Program to help veterans purchase housing. But a reduction in federal home loan dollars, the housing crisis, and a plummeting economy hurt the program.

Prop. 41 would repurpose $600 million of those bond funds and raise new money to create affordable housing rental units for some of California’s 15,000 homeless veterans. This would cost Californians $50 million a year, which, as proponents remind us, is one-tenth of 1 percent of the state budget. Why let hundreds of millions of dollars languish unused? We need to reprioritize this money to make good on our unfulfilled promises to homeless veterans.

 

PROPOSITION 42: YES

This one’s important. Last year, Gov. Jerry Brown sought to gut the California Public Records Act by making it optional for government agencies to comply with many of the requirements built into this important transparency law. The CPRA and the Ralph M. Brown Act require government agencies to make records of their activities available for public scrutiny, and to provide for adequate notice of public meetings. Had the bill weakening these laws not been defeated, it would have removed an important defense against shadowy government dealings, leaving ordinary citizens and journalists in the dark.

Prop. 42 is a bid to eliminate any future threats against California’s important government transparency laws, by expressly requiring local government agencies — including cities, counties, and school districts — to comply with all aspects of the CPRA and the Brown Act. It also seeks to prevent local agencies from denying public records requests based on cost, by eliminating the state’s responsibility to reimburse local agencies for cost compliance (the state has repeatedly failed to do so, and local bureaucracies have used this as an excuse not to comply).

 

SF’S PROPOSITION A: YES

Prop. A is a $400 million general obligation bond measure that would cover seismic retrofits and improvements to the city’s emergency infrastructure, including upgrades to the city’s Emergency Firefighting Water System, neighborhood police and fire stations, a new facility for the Medical Examiner, and seismically secure new structures to house the police crime lab and motorcycle unit.

The Board of Supervisors voted unanimously to place Prop. A on the ballot, and a two-thirds majority vote is needed for it to pass. Given that San Franciscans can expect to be hit by a major earthquake in the years to come, upgrading emergency infrastructure, especially the high-pressure water system that will aid the Fire Department in the event of a major blaze, is a high priority.

 

SF’S PROPOSITION B: YES

As we report in this issue (see “Two views of the waterfront”), San Francisco’s waterfront is a valuable place targeted by some ambitious development schemes. That’s a good thing, particularly given the need that the Port of San Francisco has for money to renovate or remove crumbling piers, but it needs to be carefully regulated to maximize public benefits and minimize private profit-taking.

Unfortunately, the Mayor’s Office and its appointees at the Port of San Francisco have proven themselves unwilling to be tough negotiators on behalf of the people. That has caused deep-pocketed, politically connected developers to ignore the Waterfront Land Use Plan and propose projects that are out-of-scale for the waterfront, property that San Francisco is entrusted to manage for the benefit of all Californians.

All Prop. B does is require voter approval when projects exceed existing height limits. It doesn’t kill those projects, it just forces developers to justify new towers on the waterfront by providing ample public benefits, restoring a balance that has been lost. San Francisco’s waterfront is prime real estate, and there are only a few big parcels left that can be leveraged to meet the needs of the Port and the city. Requiring the biggest ones to be approved by voters is the best way to ensure the city — all its residents, not just the politicians and power brokers — is getting the best deals possible.

 

SF SUPERIOR COURT JUDGE: DANIEL FLORES

Daniel Flores has an impressive list of endorsers, including the Democratic, Republican, and Green parties of San Francisco — a rare trifecta of political party support. But don’t hold the GOP nod against Flores, who was raised in the Excelsior by parents who immigrated from El Salvador and who interned with La Raza Centro Legal while going to McGeorge School of Law. And he did serve in the Marines for six years, which could explain the broad range of support for him.

Flores is a courtroom litigator with experience in big firms and his own practice, representing clients ranging from business people to tenants fighting against their landlords. Flores told us that he wants to ensure those without much money are treated fairly in court, an important goal we support. We also liked Kimberly Williams and hope she ends up on the bench someday, but in this race, Flores is the clear choice.

 

CONGRESS, DISTRICT 12: NANCY PELOSI

This was a hard decision for us this year. Everyone knows that Pelosi will win this race handily, but in past races we’ve endorsed third party challengers or even refused to endorse anyone more often than we’ve given Pelosi our support. While Pelosi gets vilified by conservatives as the quintessential San Francisco liberal, she’s actually way too moderate for our tastes.

Over her 21 years in Congress, she has presided over economic policies that have consolidated wealth in ever fewer hands and dismantled the social safety net, environmental policies that have ignored global warming and fed our over-reliance on the private automobile, and military policies that expanded the war machine and overreaching surveillance state, despite her insider’s role on the House Intelligence Committee.

Three of her opponents — Democrat David Peterson, Green Barry Hermanson, and fiery local progressive activist Frank Lara of the Peace and Freedom Party — are all much better on the issues that we care about, and we urge our readers to consider voting for one of them if they just can’t stomach casting a ballot for Pelosi. In particular, Hermanson has raised important criticisms of just how out of whack our federal budget priorities are. We also respect the work Lara has done on antiwar and transit justice issues in San Francisco, and we think he could have a bright political future.

But we’ve decided to endorse Pelosi in this election for one main reason: We want the Democrats to retake the House of Representatives this year and for Pelosi to once again become Speaker of the House. The Republican Party in this country, particularly the Tea Party loyalists in the House, is practicing a dangerous and disgusting brand of political extremism that needs to be stopped and repudiated. They would rather shut the government down or keep it hopelessly hobbled by low tax rates than help it become an effective tool for helping us address the urgent problems that our country faces. Pelosi and the Democrats aren’t perfect, but at least they’re reasonable grown-ups and we’d love to see what they’d do if they were returned to power. So Nancy Pelosi has our support in 2014.

 

CONGRESS, DISTRICT 13: BARBARA LEE

Barbara Lee has been one of our heroes since 2001, when she was the only member of Congress to vote against the Authorization for the Use of Military Force Against Terrorists, braving the flag-waving nationalism that followed the 9/11 attacks on the World Trade Center and Pentagon to warn that such an overly broad declaration of war was dangerous to our national interests. She endured death threats and harsh condemnation for that principled stand, but she was both courageous and correct, with our military overreach still causing problems for this country, both practical and moral.

Lee has been a clear and consistent voice for progressive values in the Congress for 16 years, chairing both the Congressional Black Caucus and Congressional Progressive Caucus, taking stands against capital punishment and the Iraq War, supporting access to abortions and tougher regulation of Wall Street, and generally representing Oakland and the greater Bay Area well in Washington DC. She has our enthusiastic support.

 

CONGRESS, DISTRICT 14: JACKIE SPEIER

Jackie Speier has given her life to public service — almost literally in 1978 when she was an aide to then-Rep. Leo Ryan and survived the airstrip shootings that triggered the massacre at Jonestown — and she has earned our ongoing support. Speier has continued the consumer protection work she started in the California Legislature, sponsoring bills in Congress aimed at protecting online privacy. She has also been a strong advocate for increasing federal funding to public transit in the Bay Area, particularly to Muni and for the electricification of Caltrain, an important prelude to the California High-Speed Rail Project. In the wake of the deadly natural gas explosion in San Bruno, Speier has pushed for tough penalties on Pacific Gas & Electric and expanded pipeline safety programs. She has been a strong advocate of women’s issues, including highlighting the epidemic of sexual assault on college campuses and in the military, seeking greater protections, institutional accountability, and recourse for victims. More recently, Speier has become a key ally in the fight to save City College of San Francisco, taking on the federal accreditation process and seeking reforms. Speier is a courageous public servant who deserves your vote.

Piketty discusses Capital and inequality in San Francisco

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French economist Thomas Piketty got a warm welcome in San Francisco last night [Tues/22] when nearly 200 people turned out to hear him discuss what is fast-becoming the defining book of this new Gilded Era of escalating disparities in wealth: Capital in the 21st Century.

“The book has been so popular that Harvard University Press has run out,” The Green Arcade owner Patrick Marks said in introducing Piketty at an event held across Market Street from the bookstore, in the McRoskey Mattress Company, in order to accommodate the large crowd.

Indeed, Capital has recently been lauded by a string of influential publications, ranging from The Nation through The New York Times to the Wall Street Journal, all acknowledging this as perhaps the most exhaustive study on wealth data ever collected — and a clear-eyed warning that capitalism isn’t the self-correcting system that its biggest boosters claim it is.

Piketty’s work shows how when the return on capital is greater than the annual growth rate of the overall economy, which is usually the case (except when interrupted temporarily by the major wars of the 20th Century, or the 90 percent tax rate on the highest US incomes after World War II), that dynamic consolidates wealth in ever-fewer hands, which is bad for the health of the economic system.

The only real cure, Piketty concludes, is a progressive global tax on wealth. Yet Piketty tries to avoid being too prescriptive, choosing to let his research speak for itself. “All I’m trying to do is present this book so everyone can make up his own mind,” Piketty told the gathering. In fact, he thinks the cure he outlines at the end of his book is less important than what comes before it: “You can disagree with everything in Part IV and still find interest in Parts I, II, and III.”

Piketty is critical of his economics profession for focusing too much on abstract theories and mathematical modeling while avoiding the real world calculations of how wealth is distributed and its implications, which he says should be the central question for economists.

He says wealth is more important than income to gauging how we live, which is why he has culled and analyzed most available gauges of global wealth distribution going back to the French Revolution of 1789. “The book is trying to shift the discussion from the study of income to the study of wealth,” he said.

That analyis is particularly illuminating for the United States, which is now experiencing one of the most rapid and extreme consolidations of wealth in history. “It is clear the rise of inequality in the US has been much more spectacular than in Europe,” he said.

Yet Piketty can’t bring himself to criticize capitalism itself, even as his work makes clear this inherent flaw in the system. Indeed, he writes critically of the “lazy rhetoric of anticapitalism” and declares in the book’s introduction, “I have no interest in denouncing inequality or capitalism per se.”

I asked Piketty about that point and about why he’s unwilling to support calls for a more fundamental transformation of the global economic system. He repeated points made in his book about coming of age during the fall of communism in 1989, feeling no sympathy for autocratic leftist regimes, and accepting private property as a basis for the economic system.

I pressed him with follow-up questions about how global warming and other externalities of capitalism seem to be call for new economic models, but he resisted going anywhere that might be seen as ideological. That didn’t play well with the San Francisco audience — indeed, about a dozen people came up to me afterward to compliment my line of questioning — but it has probably helped innoculate Piketty against criticisms that might undermine the impact of his work.

In fact, Capital in the 21st Century seems to destroy many of the faith-based economic fallacies that drive much of the political discourse in the US, from our persistent belief in trickle-down economics to the obsession with our national debt, which conservatives use to promote austerity measures that punish the poor.

Such austerity agendas don’t make sense to Piketty, who says they won’t work now any better than the did in 19th Century Great Britain, which funded its wars with public debt rather than higher taxes, thus devoting too much of the national income to paying interest to the wealthy bond holders.

“A progressive tax on public wealth is a better way to reduce public debt at a faster pace,” Piketty said in the same matter-of-fact style that he uses to apply data-driven analysis to controversial political realms. “I believe in progressive taxation of wealth, but that requires coordination among countries.”

Similarly, Piketty says he is not daunted by the political difficulties in implementing a global tax on wealth, which seems all but impossible to most political observers.

“I’m not terribly impress by people who say this can’t happen,” Piketty said of his proposed global tax on wealth, noting how the conventional thinking used to be that a progressive income tax, like the one adopted in the US in 1913, could never happen. “I am not as pessimistic as a lot of people seem to believe.”

Where there’s smoke

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news@sfbg.com

It was April 20 in Golden Gate Park, the fabled 4/20 in the parlance of pot smokers, and we found Nick and Chris standing under the shade of a tree with a cluster of friends, including Geoff, the proud owner of a five-foot bong.

Nick had done several hits through the supersized smoking device that day. Beside him, Chris took hits from his own handheld bong. “I’m feeling good,” Nick reported. “But I’m also kinda hungry. I could go for some Chinese food. Ohh, and some Sapporo!”

Administering a hit of marijuana through such unwieldy paraphernalia is quite the operation, requiring one person to stand and hold one end, another to light the marijuana once it’s packed into the bowl, and a third to inhale the five-foot column of milky smoke that rises through the chamber. The smokers on the receiving end contorted their faces as they inhaled, inevitably coughing and laughing as they breathed out, seemingly amazed by the experience. The college-age friends were in 420-induced bliss.

The annual 420 celebration in Golden Gate Park is unpermitted, with no official organizers, yet thousands of festivalgoers nevertheless flock to it year after year. It’s a quintessentially San Francisco experience: Young and old congregate for a collective daylong smoke-out, bringing drums, dogs, grills, shade structures, hand-blown glass, tie-dyed tapestries, Hacky Sacks, sound systems, and other picnic paraphernalia along with them.

The area around Hippie Hill — at the eastern end of the park, near Kezar Stadium — was a jumble of humanity crammed elbow to elbow, reeking of pot smoke. The crowd reflected a wide range of ethnicities and brought out many displaying an outlandish sense of fashion, sporting shiny plastic marijuana-leaf necklaces, sleeve tattoos, piercings, face paint, and piles upon piles of dreadlocked hair.

San Francisco maintains an iconic status as a weed-friendly city. While 420 in Golden Gate Park is a lighthearted scene that’s also proved irksome for city agencies plagued by leftover trash and traffic jams, serious year-round marijuana advocacy efforts continue to mark the Bay Area as a hotbed for drug policy reform and thriving, legitimate pot-based entrepreneurship.

 

GREEN BEACON

The movement to legalize marijuana for medical purposes started in San Francisco, the lovechild of the city’s hippie movement and its caregiving response to the AIDS epidemic. It was Dennis Peron and other activists here who wrote Proposition 215, the statewide legalization measure that California voters approved in 1996.

A decade ago, the San Francisco Board of Supervisors approved a comprehensive set of regulations for its two dozen or so medical marijuana dispensaries, guidelines that have proven to work well and be a model for other jurisdictions to follow, elevating pot purveyors into accepted members of the business community (see “Marijuana goes mainstream,” 1/27/10).

Some have even begun to regard the Bay Area as a model for how to implement a sensible approach to regulating marijuana. On April 16, US Rep. Dina Titus (D-Las Vegas) traveled to San Francisco on a fact-finding mission after Clark County, Nevada legalized medical marijuana, with Las Vegas and other Nevada cities expected to follow shortly.

“I want the state to learn from someone who’s done it right,” Titus told the Guardian as she toured The Apothecarium on Market Street, an elegant dispensary reputed to be one of San Francisco’s finest.

In addition to helping guide Nevada’s implementation of medical marijuana legalization, Titus said she’s working on federal legislation that would better protect small businesses involved with a marijuana industry that is growing rapidly in the US, thanks to Colorado and Washington taking the next step and legalizing even recreational uses of marijuana.

For example, Titus wants to make sure marijuana businesses have full access to banking services, something that the US Department of Justice has occasionally interfered with. As Titus told us, “The federal government shouldn’t be wasting time and going after people who are abiding their state laws.”

 

BLISS AND BOUNDARIES

Back at 420 on Hippie Hill, Amber and Charlie lounged on a blanket with Gizmo, an affectionate pooch they’d adopted from “this guy who lives in a tree house” in Santa Cruz. The young couple, ages 18 and 20 respectively, had hitchhiked to California from Washington. Yes, “we may have done some weed,” Charlie said before letting out a peal of laughter.

“It’s been pretty awesome,” Amber said. “Literally, there was smoke coming from everywhere,” the moment 4:20pm arrived. As far as the eye could see, she said, the scene was nothing but “people smoking weed. It was crazy.”

Lilian was at the park with a friend, wearing a crown of daisies she’d woven with flowers plucked from nearby the park entrance. “All day we’ve been doing joints and blunts and pipes,” she explained. “We haven’t had any bong hits yet, but we had a couple vape hits, because they were like giving free test trials here at the park. So we were like, alright, why not?”

Lilian exulted the “positive vibes” of the event, but it wasn’t all weed and roses. A short while later, reports of gunfire sent police cars racing into the park with sirens wailing. While police later reported that they never found evidence of anyone actually discharging a weapon, two different individuals were arrested on charges of possessing a firearm.

Emergency personnel responded to four medical calls, police reported the following day, including one person who had a seizure, someone who suffered an abrasion at Haight and Ashbury streets, and two underaged individuals who experienced problems after becoming overly intoxicated. For a crowd of thousands pushed the boundaries of indulgence, quite a small number suffered harm.

Eight other arrests stemmed from charges of selling marijuana or possessing it for sale, possession or sale of opiates, one warrant arrest, and another on charges of “malicious mischief,” according to police.

A few days before the unpermitted gathering, city officials held a press conference announcing a “comprehensive plan” to crack down on the anticipated debauchery, which included not only the Golden Gate Park marijuana celebration but the “Hunky Jesus” competition, a countercultural hallmark held annually on Easter Sunday in Dolores Park.

“Last year we had a lot of challenges,” said Sup. London Breed, whose District 5 encompasses Golden Gate Park. “We need to make the city and streets safe this year. We want people to come and enjoy San Francisco, but we also want them to respect San Francisco.”

Thus, city agencies ramped up deployment of both plainclothes and uniformed police officers, and sent out more parking and traffic control officers.

The previous year, when massive amounts of debris had been left strewn throughout the park, it took 25 city employees over 12 hours to clean up five tons of trash left by intoxicated visitors, said Phil Ginsburg, general manager of the city’s Recreation and Parks Department. The Department of Public Works’ tab for cleanup exceeded $10,000.

But the main draw of the event, in true San Francisco fashion, was behavior Police Chief Greg Suhr hinted in advance would essentially be tolerated. “The sale of marijuana is still a felony,” Suhr emphasized, “but I don’t think [the SFPD is] naive enough to believe that we can stop people from smoking on 4/20.”

 

CANNABIS AS MEDICINE

Advocates for legalizing even recreational use of marijuana had hoped to make the November ballot this year, but the campaign’s signature-gathering effort has sputtered out.

Sponsored by the California Cannabis Hemp Initiative, the legalization measure was named for Jack Herer, a renowned cannabis advocate who passed away in 2010. The campaign is now ramping up for another try in 2016, when some advocates hope the presidential election will drive younger voters to the polls.

But while efforts to legalize weed in California for recreational use falter for now, the legitimate use of cannabis for medicinal purposes has giving rise to healthy businesses and research on health benefits. At the April 16 event at the Apothecarium, Titus had lots of questions for Allie Butler, an expert in marijuana who has a master’s degree in public health and told Titus, “I want to do cannabis research for the rest of my life.”

Butler introduced Titus to the various strains of marijuana, explaining what ailments each is good for. The CaliWidow can be a cure for headaches, she explained, and Blue Dream is “good for nausea. We prescribe that for cancer patients all day.” She indicated another strain, saying, “this is the Jack Herer, it’s my mom’s favorite.” Fancy, knowledgeable, and above ground, this isn’t your mom’s marijuana business anymore.

SFBG Wrap, April 16-23

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BART FINED FOR WORKERS’ DEATHS

The California Occupational Safety and Health Administration has fined Bay Area Rapid Transit for three “willful/serious” safety violations in connection with the death of two transit workers last October, saying BART is at fault due to a lack of safety measures.

“Safety standards are designed to save lives,” acting Cal/OSHA chief Juliann Sum said in a statement, “and they were not followed.”

The transit workers were killed in the final days of the BART strike. The accident claimed the lives of Christopher Sheppard, a BART manager and member of the AFSCME union, and Larry Daniels, a contractor, who had been inspecting a “dip in the rail” before they were hit by an oncoming train.

The workers were required to go through what’s called a Simple Approval process to get permission to work on the track, but the OSHA citation seized on that process as a dangerous underlying factor in the fatal accident.

“Employer’s control method, namely the ‘Simple Approval’ procedure, does not safeguard personnel working on tracks during railcar movement,” the citation reads. “The employer allowed workers to conduct work on the railway tracks where trains were traveling. The employees had no warning that a train moving at more than 65 miles-per-hour was … approaching the location where they were working.”

BART General Manager Grace Crunican quickly issued a statement. “Passenger and employee safety is our top priority at BART,” Crunican said. “BART has fundamentally upgraded its safety procedures with the implementation of an enhanced wayside safety program and a proposed budget investment of over $5 million.” She added that Cal/OSHA considered the safety violations to be “abated” in light of these changes, “meaning that none … pose continuing safety hazards.”

Simple Approval has since been terminated, BART spokesperson Alicia Trost told the Guardian. “BART permanently eliminated Simple Approval immediately following the tragic deaths,” she said. “We are also implementing the extra layers of protection for track workers.”

Notably, the two workers were killed during BART management’s attempt to train managers to operate trains during the strike, according to the National Transportation Safety Board, which continues to investigate the incident. (Joe Fitzgerald Rodriguez)

SORRY STATE OF PUBLIC HOUSING

Sup. London Breed has proposed setting aside city funding to renovate vacant and dilapidated public housing units, in an effort to quickly make housing available for homeless families in the face of a dire shortage.

At the April 15 Board of Supervisor’s meeting, Breed cited an anticipated budget surplus and called for the Controller and City Attorney to begin drafting a supplemental budgetary appropriation of $2.6 million, for renovating 172 San Francisco Housing Authority units sitting vacant.

“There are over 40 public housing developments in San Francisco, and given the decades of mismanagement and financial neglect that public housing has endured, many units are currently not available for San Franciscans to live in,” Breed said. “As we grapple with an unprecedented affordability crisis and an acute shortage of housing, particularly affordable housing, these fallow public housing units represent one of our best and cheapest opportunities to make housing available now.” Breed, who represents District 5, previously lived in San Francisco public housing.

The Housing Authority receives its funding through the federal government, but spokesperson Rose Marie Dennis said those federal dollars don’t stretch far enough for the agency to perform routine restoration of vacant units. “We have to work with the resources that we have,” she said.

According to an analysis by Budget & Legislative Analyst Harvey Rose, the city has lost $6.3 million in rent that could have been collected had its empty public housing units been occupied.

The day after Breed floated her proposal for a budgetary supplemental, tragedy struck at Sunnydale, the Housing Authority’s largest housing development, when a deadly fire claimed the lives of a 32-year-old resident and her 3-year-old son. The cause of the fire is under investigation, but a San Francisco Chronicle report noted that the Housing Authority had planned to rebuild Sunnydale for years due to its poor condition.

The following day, April 17, Mayor Ed Lee announced that emergency funding of $5.4 million had been identified through the Mayor’s Office of Housing and Community Development, to address serious deferred maintenance needs — such as busted elevators in apartment complexes where disabled seniors rely on wheelchairs and canes to get around. (Rebecca Bowe)

SUPES OUTFOX LANDLORDS

When the San Francisco Board of Supervisors gave final approval April 15 for legislation to substantially increase landlord payments to tenants in the case of Ellis Act evictions, it reflected a key change designed to counter a recent eviction push by landlords.

Winning approval on a 9-2 vote, with Sups. Mark Farrell and Katy Tang opposed, the legislation increases the current required relocation payments of $5,265 per person or $15,795 per unit (plus an additional $3,510 for those with disabilities or over age 62) up to the equivalent of two years’ rent for a comparable unit. That translates to tens of thousands of dollars.

For example, the Controller’s Office calculates that a family evicted from a two-bedroom apartment in the Mission District rented at $909 per month would be entitled to $44,833 in relocation payment.

The legislation was originally scheduled to go into effect 120 days after passage, in order to give city officials enough time to implement it. But when sponsoring Sup. David Campos heard landlords were rushing to evict tenants prior to the fee increase, he checked in with the City Attorney’s Office and other departments to see whether they could be ready sooner. After getting the green light, Campos amended the measure to go into effect 30 days after it’s enacted into law.

The question now is whether Mayor Ed Lee, who has not taken a position on the legislation, will act quickly to sign it. He was initially given 10 days to decide. Since a veto-proof majority approved the legislation, the mayor’s decision is to either grant approval or stall the inevitable, triggering more evictions at lower levels of relocation assistance. (Steven T. Jones)

POLICE TAPES BROUGHT TO LIGHT

Police radio dispatch records from March 21, the night 28-year-old Alejandro Nieto was gunned down in Bernal Heights Park by San Francisco Police Department officers, had been impossible to obtain despite requests from journalists, attorneys, and community members who had ties to Nieto.

Then, incredibly — thanks to a combination of tenacious reporting and the website Broadcastify.com — the radio dispatch audio popped up in a news report on KQED’s website.

Originally captured in real-time by a website works like an automatic police scanner and preserves all files, the recordings offer a rare, behind-the-scenes glimpse of what occurred in the moments leading up to the highly controversial officer-involved shooting.

The SFPD’s account of the incident is that officers opened fire in defense of their own lives because Nieto pointed a Taser at them, causing them to believe he was tracking them with a firearm.

But the audio files that have now surfaced reflect no mention of a suspect brandishing a weapon.

The first mention of a “221” — police code for person with a gun — is to relate a 911 caller’s description of a Latino male suspect, who has “got a gun on his hip, and is pacing back and forth on the north side of the park near a chain-linked fence.” Just before the shooting, a voice can be heard saying over the radio, “There’s a guy in a red shirt, way up the hill, walking toward you guys.” Several seconds later, another voice calmly states, “I got a guy right here.”

Twenty-six seconds after that, a person can be heard shouting, “Shots fired! Shots fired!”

“What’s very telling is that none of the people are saying, the guy had a gun, he pointed it at us,” said attorney Adante Pointer of the law office of John Burris, which is preparing to file a complaint on behalf of Nieto’s family against the SFPD. “It begs the question, did [Nieto] do what they said he did?”

“If this was a righteous shooting,” Pointer added, “then [SFPD] … shouldn’t have any fear of public scrutiny.”

Friends and supporters of Nieto have led marches to protest the shooting and set up a website for ongoing events, justice4alexnieto.org. (Rebecca Bowe)

 

Hold BART accountable for deaths

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EDITORIAL

Bay Area Rapid Transit made a deadly miscalculation last year — one that built on years of reckless decisions to value efficiency over safety — and nobody was ever held accountable. That’s not acceptable for a public agency, and it’s time for the people who made these decisions and the elected officials who enabled them to come clean and make amends.

Last year’s contentious contract negotiations between BART management and employees was marked by an ugly union-bashing media strategy and dangerous brinksmanship that forced two strikes. During the second strike in October, two BART workers were killed by a train operated by someone management was training to run replacement service to break the unions.

Whether that driver’s inexperience directly caused the deaths is still being investigated by the National Transportation Safety Board, but we do know that this tragedy was a direct result of the “simple approval process” that made these workers responsible for their own safety even though they couldn’t see or hear a train coming with enough time to safely get out of the way.

California’s Division of Occupational Safety and Health has been battling with BART for years to change this dangerous procedure that had killed workers before, but BART chose to aggressively litigate the mandate at every turn instead doing the right thing, finally acceding after these latest avoidable deaths.

DOSH last week concluded its investigation of the October deaths, finding BART guilty of “willful/serious” safety violations and leveling the maximum fine allowed by law, a mere $210,000. Civil wrongful death settlements are likely to reach into the millions of dollars, and the NTSB could soon bring more punishment down on BART.

But real accountability begins at home. This reckless management strategy should be an issue in every one of this year’s reelection races for BART’s Board of Directors, each of whom are culpable and none of whom have challenged the decisions by General Manager Grace Crunican and Assistant Manager of Operations Paul Oversier in any serious public way.

This arrogant agency has abused the public trust and been hostile to reasonable public oversight, whether that involves its trigger-happy Police Department or its callous disregard for the safety of workers and riders, something its unions have been calling out for many years.

The California Assembly Committee on Labor and Employment unveiled damning evidence of BART’s lax safety culture during a hearing in November, and it’s time for the Legislature to follow up and give DOSH the authority and funding it needs to hold BART and other serial safety violators accountable.

Voters should also consider replacing current elected directors this fall (we’ll offer our endorsements then), giving special consideration to those who want to clean house and change a management culture that is hostile to safety and its workers.

BART fined $210,000 for accident killing two workers

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The California Occupational Safety and Health Administration is fining Bay Area Rapid Transit $210,000 for three “willful/serious” safety violations connected to the death of two transit workers, citing a lack of safety measures at BART as the fault of their deaths. BART was fined maximum amounts allowed for the offenses, officials said. 

“Employers have a responsibility to ensure worker safety,” acting Cal/OSHA Chief Juliann Sum said in a statement. “Safety standards are designed to save lives and they were not followed.”

Two transit workers were killed October last year during the final days of the BART strike. As we reported then, Christopher Sheppard, a BART manager and member of the AFSCME union, and Larry Daniels, a contractor, were inspecting a “dip in the rail” before they were hit by an oncoming train. The two workers were required to go through what’s called a Simple Approval process to get permission to work on the track.

It’s that Simple Approval process that came under fire in the citation.

“Employer’s control method, namely the ‘Simple Approval’ procedure, does not safeguard personnel working on tracks during railcar movement,” the citation reads. “The employer allowed workers to conduct work on the railway tracks where trains were travelling in excess of sixty-five (65) miles-per-hour.”

“The employees had no warning that a train moving at more than 65 miles-per-hour was on the C1 railway track approaching the location where they were working.”

BART General Manager Grace Crunican quickly issued a statement.

“Passenger and employee safety is our top priority at BART.  BART has fundamentally upgraded its safety procedures with the implementation of an enhanced wayside safety program and a proposed budget investment of over $5 million in additional resources to bolster BART’s safety performance,” she said. “Cal/OSHA has informed BART these changes correct the concerns which are at the heart of their citations, designating the issues as ‘abated,’ meaning that none are continuing violations or pose continuing safety hazards.”

The statement goes on to say that BART meets CPUC safety standards, though as we’ve seen with PG&E (San Bruno) and Uber (the New Year’s Eve death of Sofia Liu), those standards have been demonstrated to be at times, lax. 

The three violations were deemed “abated” within the citaiton. The citation tasked BART with reassigning job assignments of untrained personell, not allowing unqualified workers near energized equipment and facilities, and “controls to safeguard personell during railcar movement shall be instituted.”

Simple Approval has since been terminated, BART Spokesperson Alicia Trost told the Guardian.

BART permanantly eliminated Simple Approval immediately following the tragic deaths,” she said. “We now require work orders for anyone who goes wayside.  We are also implementing the extra layers of protection for track workers.”

Notably, the two workers were killed as BART management attempted to train managers to operate trains during the strike, according to the National Transportation Safety Board, who is investigating the incident.

lighting

Left, a dimly lit BART tunnel. Right, an oncoming train. BART has been cited for safety issues by CAL/OSHA before, including lighting issues which some say led to the death of another BART worker years ago.

The citation specifically lambasts flimsy safety process of Simple Approval, the process workers formerly used to keep the Operations Control Center “aware of the presence of personnel in a specified location in the trackway,” according to BART training manuals. When workers are preparing to work on a track, they recited the simple approval to the Operations Control Center, also known as central control. It works like signing a waiver, saying that you understand the rules of safety, and more importantly, that you can work on the track without diverting trains. 

This isn’t the first time BART has run afoul of CAL/OSHA citations, they’ve racked up over 20 in the past years. A hearing held shortly after the two workers’ death also brought many of these problems to light.

Shortly after the accident, Saul Almanza, a longtime BART safety trainer, told us the section of track the two workers died on crested the hill a little bit.” Having a sight line is important, he said, because you can’t use your ears to hear a train coming.

“It’s like a jet flying over you, you don’t hear it until it’s past you,” he explained. “I always teach in my class: ‘You don’t listen for trains, you look for trains.’”

Below we’ve embedded the citations issued to BART.

Bay Area Rapid Transit (BART) citations for death of two workers from CAL/OSHA by FitztheReporter

Plan would renovate vacant public housing units for homeless people

Sup. London Breed has proposed setting aside city funding to renovate vacant and dilapidated San Francisco Public Housing units, in an effort to quickly make housing available for homeless families in the face of a dire shortage.

At the San Francisco Board of Supervisor’s meeting on April 15, Breed called for the city controller and city attorney to begin drafting a supplemental appropriation of $2.6 million, to be put toward renovating 172 public housing units that are currently sitting vacant and in disrepair. 

Tragedy struck at Sunnydale, the Housing Authority’s largest housing development, today [Wed/16] when a 32-year-old woman and her 3-year-old son were killed in a blaze that started early this morning. The cause of the fire is under investigation, but a report in SFGate noted that the Housing Authority has planned on rebuilding Sunnydale for years due to its poor condition.

“There are over 40 public housing developments in San Francisco, and given the decades of mismanagement and financial neglect that public housing has endured, many units are currently not available for San Franciscans to live in,” Breed said. “As we grapple with an unprecedented affordability crisis and an acute shortage of housing, particularly affordable housing, these fallow public housing units represent one of our best and cheapest opportunities to make housing available now.”

Breed, who represents District 5, previously lived in San Francisco public housing. “Living in public housing for over half of my life has given me a perspective unlike, I think, anybody else that I know, to understand exactly what we need to do as a city to make a difference in the lives of those constituents,” she said.

She mentioned that between 25 and 50 homeless families stay in a church every night that has been converted to a shelter in her district – but there are no showers there, “only a few toilets and sinks that those families can use.” 

As the Guardian has previously reported, homeless people enrolled in public services frequently discover that very little permanent housing is available – even though the Department of Public Health, the Human Services Agency, and the San Francisco Housing Authority all oversee programs that were created to assist individuals who are in need of housing.

As things stand, about 175 homeless families remain on a wait-list for housing, homeless czar Bevan Dufty told the Bay Guardian in a recent interview. And more than 300 other homeless individuals have applied for housing assistance through the Department of Public Health’s Direct Access to Housing program, which provides subsidized housing in SROs and apartments.

The San Francisco Housing Authority receives its funding not through the city, but through U.S. Housing and Urban Development, a federal agency. However, Housing Authority spokesperson Rose Marie Dennis said federal funding doesn’t stretch far enough for the agency to perform routine restoration of vacant units that have fallen into disrepair. “We have to work with the resources that we have,” she said.

According to an analysis by Budget & Legislative Analyst Harvey Rose, the city has lost $6.3 million in rent that could have been collected had empty Housing Authority units been occupied.

“From our perspective, we share the supervisor’s commitment to prioritizing the housing of the homeless,” Dennis said, adding that the Housing Authority would be “very grateful” for any support the city would lend toward renovation.

Gene Gibson, a HUD spokesperson, said that it was too early to comment specifically on Breed’s proposal since it was still in the early stages of being drafted. But in general, “If a community comes up with an innovative approach … I don’t think HUD would have any problem with it.”

Save the world, work less

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steve@sfbg.com

Save the world, work less. That dual proposition should have universal appeal in any sane society. And those two ideas are inextricably linked by the realities of global climate change because there is a direct connection between economic activity and greenhouse gas emissions.

Simply put, every hour of work we do cooks the planet and its sensitive ecosystems a little bit more, and going home to relax and enjoy some leisure time is like taking this boiling pot of water off the burner.

Most of us burn energy getting to and from work, stocking and powering our offices, and performing the myriad tasks that translate into digits on our paychecks. The challenge of working less is a societal one, not an individual mandate: How can we allow people to work less and still meet their basic needs?

This goal of slowing down and spending less time at work — as radical as it may sound — was at the center of mainstream American political discourse for much of our history, considered by thinkers of all ideological stripes to be the natural endpoint of technological development. It was mostly forgotten here in the 1940s, strangely so, even as worker productivity increased dramatically.

But it’s worth remembering now that we understand the environmental consequences of our growth-based economic system. Our current approach isn’t good for the health of the planet and its creatures, and it’s not good for the happiness and productivity of overworked Americans, so perhaps it’s time to revisit this once-popular idea.

Last year, there was a brief burst of national media coverage around this “save the world, work less” idea, triggered by a report by the Washington DC-based Center for Economic and Policy Research, entitled “Reduced Work Hours as a Means of Slowing Climate Change.”

“As productivity grows in high-income, as well as developing countries, social choices will be made as to how much of the productivity gains will be taken in the form of higher consumption levels versus fewer work hours,” author David Rosnick wrote in the introduction.

He notes that per capita work hours were reduced by 50 percent in recent decades in Europe compared to US workers who spend as much time as ever on the job, despite being a world leader in developing technologies that make us more productive. Working more means consuming more, on and off the job.

“This choice between fewer work hours versus increased consumption has significant implications for the rate of climate change,” the report said before going on to study various climate change and economic growth models.

It isn’t just global warming that working less will help address, but a whole range of related environmental problems: loss of biodiversity and natural habitat; rapid depletion of important natural resources, from fossil fuel to fresh water; and the pollution of our environment with harmful chemicals and obsolete gadgets.

Every day that the global workforce is on the job, those problems all get worse, mitigated only slightly by the handful of occupations devoted to cleaning up those messes. The Rosnick report contemplates only a slight reduction in working hours, gradually shaving a few hours off the week and offering a little more vacation time.

“The paper estimates the impact on climate change of reducing work hours over the rest of the century by an annual average of 0.5 percent. It finds that such a change in work hours would eliminate about one-quarter to one-half of the global warming that is not already locked in (i.e. warming that would be caused by 1990 levels of greenhouse gas concentrations already in the atmosphere),” the report concludes.

What I’m talking about is something more radical, a change that meets the daunting and unaddressed challenge that climate change is presenting. Let’s start the discussion in the range of a full day off to cutting our work hours in half — and eliminating half of the wasteful, exploitive, demeaning, make-work jobs that this economy-on-steroids is creating for us, and forcing us to take if we want to meet our basic needs.

Taking even a day back for ourselves and our environment will seem like crazy-talk to many readers, even though our bosses would still command more days each week than we would. But the idea that our machines and other innovations would lead us to work far less than we do now — and that this would be a natural and widely accepted and expected part of economic evolution — has a long and esteemed philosophical history.

Perhaps this forgotten goal is one worth remembering at this critical moment in our economic and environmental development.

 

HISTORY LESSON

Author and historian Chris Carlsson has been beating the “work less” drum in San Francisco since Jimmy Carter was president, when he and his fellow anti-capitalist activists decried the dawning of an age of aggressive business deregulation that continues to this day.

They responded with creative political theater and protests on the streets of the Financial District, and with the founding of a magazine called Processed World, highlighting how new information technologies were making corporations more powerful than ever without improving the lives of workers.

“What do we actually do all day and why? That’s the most basic question that you’d think we’d be talking about all the time,” Carlsson told us. “We live in an incredibly powerful and overarching propaganda society that tells you to get your joy from work.”

But Carlsson isn’t buying it, noting that huge swaths of the economy are based on exploiting people or the planet, or just creating unproductive economic churn that wastes energy for its own sake. After all, the Gross Domestic Product measures everything, the good, the bad, and the ugly.

“The logic of growth that underlies this society is fundamentally flawed,” Carlsson said. “It’s the logic of the cancer cell — it makes no sense.”

What makes more sense is to be smart about how we’re using our energy, to create an economy that economizes instead of just consuming everything in its path. He said that we should ask, “What work do we need to do and to what end?”

We used to ask such questions in this country. There was a time when working less was the goal of our technological development.

“Throughout the 19th century, and well into the 20th, the reduction of worktime was one of the nation’s most pressing issues,” professor Juliet B. Schor wrote in her seminal 1991 book The Overworked American: The Unexpected Decline of Leisure. “Through the Depression, hours remained a major social preoccupation. Today these debates and conflicts are long forgotten.”

Work hours were steadily reduced as these debates raged, and it was widely assumed that even greater reductions in work hours was all but inevitable. “By today, it was estimated that we could have either a 22-hour week, a six-month workyear, or a standard retirement age of 38,” Schor wrote, citing a 1958 study and testimony to Congress in 1967.

But that didn’t happen. Instead, declining work hours leveled off in the late 1940s even as worker productivity grew rapidly, increasing an average of 3 percent per year 1948-1968. Then, in the 1970s, workers in the US began to work steadily more hours each week while their European counterparts moved in the opposite direction.

“People tend to think the way things are is the way it’s always been,” Carlsson said. “Once upon a time, they thought technology would produce more leisure time, but that didn’t happen.”

Writer David Spencer took on the topic in a widely shared essay published in The Guardian UK in February entitled “Why work more? We should be working less for a better quality of life: Our society tolerates long working hours for some and zero hours for others. This doesn’t make sense.”

He cites practical benefits of working less, from reducing unemployment to increasing the productivity and happiness of workers, and cites a long and varied philosophical history supporting this forgotten goal, including opposing economists John Maynard Keynes and Karl Marx.

Keynes called less work the “ultimate solution” to unemployment and he “also saw merit in using productivity gains to reduce work time and famously looked forward to a time (around 2030) when people would be required to work 15 hours a week. Working less was part of Keynes’s vision of a ‘good society,'” Spencer wrote.

“Marx importantly thought that under communism work in the ‘realm of necessity’ could be fulfilling as it would elicit and harness the creativity of workers. Whatever irksome work remained in realm of necessity could be lessened by the harnessing of technology,” Spencer wrote.

He also cited Bertrand Russell’s acclaimed 1932 essay, “In Praise of Idleness,” in which the famed mathematician reasoned that working a four-hour day would cure many societal ills. “I think that there is far too much work done in the world, that immense harm is caused by the belief that work is virtuous, and that what needs to be preached in modern industrial countries is quite different from what always has been preached,” Russell wrote.

Spencer concluded his article by writing, “Ultimately, the reduction in working time is about creating more opportunities for people to realize their potential in all manner of activities including within the work sphere. Working less, in short, is about allowing us to live more.”

 

JOBS VS. WORK

Schor’s research has shown how long working hours — and the uneven distribution of those hours among workers — has hampered our economy, hurt our environment, and undermined human happiness.

“We have an increasingly poorly functioning economy and a catastrophic environmental situation,” Schor told us in a phone interview from her office at Boston College, explaining how the increasingly dire climate change scenarios add urgency to talking about how we’re working.

Schor has studied the problem with other researchers, with some of her work forming the basis for Rosnick’s work, including the 2012 paper Schor authored with University of Alabama Professor Kyle Knight entitled “Could working less reduce pressures on the environment?” The short answer is yes.

“As humanity’s overshoot of environmental limits become increasingly manifest and its consequences become clearer, more attention is being paid to the idea of supplanting the pervasive growth paradigm of contemporary societies,” the report says.

The United States seems to be a case study for what’s wrong.

“There’s quite a bit of evidence that countries with high annual work hours have much higher carbon emissions and carbon footprints,” Schor told us, noting that the latter category also takes into account the impacts of the products and services we use. And it isn’t just the energy we expend at work, but how we live our stressed-out personal lives.

“If households have less time due to hours of work, they do things in a more carbon-intensive way,” Schor said, with her research finding those who work long hours often tend to drive cars by themselves more often (after all, carpooling or public transportation take time and planning) and eat more processed foods.

Other countries have found ways of breaking this vicious cycle. A generation ago, Schor said, the Netherlands began a policy of converting many government jobs to 80 percent hours, giving employees an extra day off each week, and encouraging many private sector employers to do the same. The result was happier employees and a stronger economy.

“The Netherlands had tremendous success with their program and they’ve ended up with the highest labor productivity in Europe, and one of the happiest populations,” Schor told us. “Working hours is a triple dividend policy change.”

By that she means that reducing per capita work hours simultaneously lowers the unemployment rate by making more jobs available, helps address global warming and other environmental challenges, and allows people to lead happier lives, with more time for family, leisure, and activities of their choosing.

Ironically, a big reason why it’s been so difficult for the climate change movement to gain traction is that we’re all spending too much time and energy on making a living to have the bandwidth needed to sustain a serious and sustained political uprising.

When I presented this article’s thesis to Bill McKibben, the author and activist whose 350.org movement is desperately trying to prevent carbon concentrations in the atmosphere from passing critical levels, he said, “If people figure out ways to work less at their jobs, I hope they’ll spend some of their time on our too-often neglected work as citizens. In particular, we need a hell of a lot of people willing to devote some time to breaking the power of the fossil fuel industry.”

world

That’s the vicious circle we now find ourselves in. There is so much work to do in addressing huge challenges such as global warming and transitioning to more sustainable economic and energy systems, but we’re working harder than ever just to meet our basic needs — usually in ways that exacerbate these challenges.

“I don’t have time for a job, I have too much work to do,” is the dilemma facing Carlsson and others who seek to devote themselves to making the world a better place for all living things.

To get our heads around the problem, we need to overcome the mistaken belief that all jobs and economic activity are good, a core tenet of Mayor Ed Lee’s economic development policies and his relentless “jobs agenda” boosterism and business tax cuts. Not only has the approach triggered the gentrification and displacement that have roiled the city’s political landscape in the last year, but it relies on a faulty and overly simplistic assumption: All jobs are good for society, regardless of their pay or impact on people and the planet.

Lee’s mantra is just the latest riff on the fabled Protestant work ethic, which US conservatives and neoliberals since the Reagan Era have used to dismantle the US welfare system, pushing the idea that it’s better for a single mother to flip our hamburgers or scrub our floors than to get the assistance she needs to stay home and take care of her own home and children.

“There is a belief that work is the best form of welfare and that those who are able to work ought to work. This particular focus on work has come at the expense of another, far more radical policy goal, that of creating ‘less work,'” Spencer wrote in his Guardian essay. “Yet…the pursuit of less work could provide a better standard of life, including a better quality of work life.”

And it may also help save us from environmental catastrophe.

 

GLOBAL TIPPING POINT

The Intergovernmental Panel on Climate Change, the top research body on the issue recognized by the United Nations, recently released its fifth report summarizing and analyzing the science and policies around climate change, striking a more urgent tone than in previous reports.

On April 13 at a climate conference in Berlin, the panel released a new report noting that greenhouse gas emissions are rising faster than ever and urgent action is needed in the next decade to avert a serious crisis.

“We cannot afford to lose another decade,” Ottmar Edenhofer, a German economist and co-chairman of the committee that wrote the report, told The New York Times. “If we lose another decade, it becomes extremely costly to achieve climate stabilization.”

After the panel released an earlier section of the report on March 31, it wrote in a public statement: “The report concludes that responding to climate change involves making choices about risks in a changing world. The nature of the risks of climate change is increasingly clear, though climate change will also continue to produce surprises.”

The known impacts will be displaced populations in poor countries inundated by rising seas, significant changes to life-supporting ecosystems (such as less precipitation in California and other regions, creating possible fresh water shortages), food shortages from loss of agricultural land, and more extreme weather events.

What we don’t yet know, these “surprises,” could be even scarier because this is such uncharted territory. Never before have human activities had such an impact on the natural world and its delicate balances, such as in how energy circulates through the world’s oceans and what it means to disrupt half of the planet’s surface area.

Researchers have warned that we could be approaching a “global tipping point,” in which the impact of climate change affects other systems in the natural world and threatens to spiral out of control toward another mass extinction. And a new report funded partially by the National Science Foundation and NASA’s Goodard Space Center combines the environmental data with growing inequities in the distribution of wealth to warn that modern society as we know it could collapse.

“The fall of the Roman Empire, and the equally (if not more) advanced Han, Mauryan, and Gupta Empires, as well as so many advanced Mesopotamian Empires, are all testimony to the fact that advanced, sophisticated, complex, and creative civilizations can be both fragile and impermanent,” the report warned.

It cites two critical features that have triggered most major societal collapses in past, both of which are increasingly pervasive problems today: “the stretching of resources due to the strain placed on the ecological carrying capacity”; and “the economic stratification of society into Elites [rich] and Masses (or ‘Commoners’),” which makes it more difficult to deal with problems that arise.

Both of these problems would be addressed by doing less overall work, and distributing the work and the rewards for that work more evenly.

 

SYSTEMIC PROBLEM

Carol Zabin — research director for the Center for Labor Research and Education at UC Berkeley, who has studied the relation between jobs and climate change — has some doubts about the strategy of addressing global warming by reducing economic output and working less.

“Economic activity which uses energy is not immediately correlated with work hours,” she told us, noting that some labor-saving industrial processes use more energy than human-powered alternatives. And she also said that, “some leisure activities could be consumptive activities that are just as bad or worse than work.”

She does concede that there is a direct connection between energy use and climate change, and that most economic activity uses energy. Zabin also said there was a clear and measurable reduction in greenhouse gas emissions during the Great Recession that began with the 2008 economic crash, when economic growth stalled and unemployment was high.

“When we’re in recessions and output and consumption slow, we see a reduction in impact on the climate,” Zabin said, although she added, “They’re correlated, but they’re not causal.”

Other studies have made direct connections between work and energy use, at least when averaged out across the population, studies that Rosnick cited in his study. “Recent work estimated that a 1 percent increase in annual hours per employee is associated with a 1.5 percent increase in carbon footprint,” it said, citing the 2012 Knight study.

Zabin’s main stumbling block was a political one, rooted in the assumption that American-style capitalism, based on conspicuous consumption, would continue more or less as is. “Politically, reducing economic growth is really, really unviable,” she told us, noting how that would hurt the working class.

But again, doesn’t that just assume that the pain of an economic slowdown couldn’t be more broadly shared, with the rich absorbing more of the impact than they have so far? Can’t we move to an economic system that is more sustainable and more equitable?

“It seems a little utopian when we have a problem we need to address by reducing energy use,” Zabin said before finally taking that next logical step: “If we had socialism and central planning, we could shut the whole thing down a notch.”

Instead, we have capitalism, and she said, “we have a climate problem that is probably not going to be solved anyway.”

So we have capitalism and unchecked global warming, or we can have a more sustainable system and socialism. Hmm, which one should we pick? European leaders have already started opting for the latter option, slowing down their economic output, reducing work hours, and substantially lowering the continent’s carbon footprint.

That brings us back to the basic question set forth in the Rosnick study: As productivity increases, should those gains go to increase the wages of workers or to reduce their hours? From the perspective of global warming, the answer is clearly the latter. But that question is complicated in US these days by the bosses, investors, and corporations keeping the productivity gains for themselves.

“It is worth noting that the pursuit of reduced work hours as a policy alternative would be much more difficult in an economy where inequality is high and/or growing. In the United States, for example, just under two-thirds of all income gains from 1973-2007 went to the top 1 percent of households. In that type of economy, the majority of workers would have to take an absolute reduction in their living standards in order to work less. The analysis of this paper assumes that the gains from productivity growth will be more broadly shared in the future, as they have been in the past,” the study concludes.

So it appears we have some work to do, and that starts with making a connection between Earth Day and May Day.

 

EARTH DAY TO MAY DAY

The Global Climate Convergence (www.globalclimateconvergence.org) grew out of a Jan. 18 conference in Chicago that brought together a variety of progressive, environmental, and social justice groups to work together on combating climate change. They’re planning “10 days to change course,” a burst of political organizing and activism between Earth Day and May Day, highlighting the connection between empowering workers and saving the planet.

“It provides coordinated action and collaboration across fronts of struggle and national borders to harness the transformative power we already possess as a thousand separate movements. These grassroots justice movements are sweeping the globe, rising up against the global assault on our shared economy, ecology, peace and democracy. The accelerating climate disaster, which threatens to unravel civilization as soon as 2050, intensifies all of these struggles and creates new urgency for collaboration and unified action. Earth Day to May Day 2014 (April 22 — May 1) will be the first in a series of expanding annual actions,” the group announced.

San Mateo resident Ragina Johnson, who is coordinating events in the Bay Area, told us May Day, the international workers’ rights holiday, grew out of the struggle for the eight-hour workday in the United States, so it’s appropriate to use the occasion to call for society to slow down and balance the demands of capital with the needs of the people and the planet.

“What we’re seeing now is an enormous opportunity to link up these movements,” she told us. “It has really put us on the forefront of building a new progressive left in this country that takes on these issues.”

In San Francisco, she said the tech industry is a ripe target for activism.

“Technology has many employees working 60 hours a week, and what is the technology going to? It’s going to bottom line profits instead of reducing people’s work hours,” she said.

That’s something the researchers have found as well.

“Right now, the problem is workers aren’t getting any of those productivity gains, it’s all going to capital,” Schor told us. “People don’t see the connection between the maldistribution of hours and high unemployment.”

She said the solution should involve “policies that make it easier to work shorter hours and still meet people’s basic needs, and health insurance reform is one of those.”

Yet even the suggestion that reducing work hours might be a worthy societal goal makes the head of conservatives explode. When the San Francisco Chronicle published an article about how “working a bit less” could help many people qualify for healthcare subsidies under the Affordable Care Act (“Lower 2014 income can net huge health care subsidy,” 10/12/13), the right-wing blogosphere went nuts decrying what one site called the “toxic essence of the welfare state.”

Chronicle columnist Debra Saunders parroted the criticism in her Feb. 7 column. “The CBO had determined that ‘workers will choose to supply less labor — given the new taxes and other incentives they will face and the financial benefits some will receive.’ To many Democrats, apparently, that’s all good,” she wrote of Congressional Budget Office predictions that Obamacare could help reduce hours worked.

Not too many Democratic politicians have embraced the idea of working less, but maybe they should if we’re really going to attack climate change and other environmental challenges. Capitalism has given us great abundance, more than we need and more than we can safely sustain, so let’s talk about slowing things down.

“There’s a huge amount of work going on in society that nobody wants to do and nobody should do,” Carlsson said, imagining a world where economic desperation didn’t dictate the work we do. “Most of us would be free to do what we want to do, and most of us would do useful things.”

And what about those who would choose idleness and sloth? So what? At this point, Mother Earth would happily trade her legions of crazed workaholics for a healthy population of slackers, those content to work and consume less.

Maybe someday we’ll even look back and wonder why we ever considered greed and overwork to be virtues, rather than valuing a more healthy balance between our jobs and our personal lives, our bosses and our families, ourselves and the natural world that sustains us.

SEIU-backed initiatives seek to cap healthcare costs and executive pay

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Health care costs are skyrocketing across the country, but two proposed ballot initiatives in California are aiming to rein in health care spending, which the Centers for Disease Control estimates at $2.6 trillion annually nationwide. Both measures are currently gathering signatures to be placed on the November ballot.  

Service Employees International Union authored the Charitable Hospital Compensation Act (CHCA) and the Fair Healthcare Pricing Act (FHPA), which are designed to directly deal with the high costs at nonprofit hospitals. CHCA seeks to cap the salary for executives at  nonprofit hospitals at $450,000 a year, the same salary as the President of the United States. FHPA would limit the amount charged for services to 25 percent above the estimated costs of providing care.

“Health care costs have been out of control for years. These initiatives are two modest things we can do to rein that in. We can make sure that hospitals don’t take ridiculous profits on the materials and services they provide and we can hold pay for executives to a reasonable level” says Assemblymember Tom Ammiano (D-San Francisco), who endorsed both initiatives, “When so many people are struggling to pay for health care, it’s the least we can do.”

Executive pay at nonprofit hospitals is out of control. Former CEO of San Francisco-based Blue Shield of America Bruce Bodaken earned $4.6 million in 2010. Former CEO of Oakland-based Kaiser Permanente George Halvorso  earned $6.7 million in the same year.

“Compensation” is strictly defined by the measure, including compensation in the form of bonuses, forgiven loans, and even access to a company car.  

“There is some symbolic value to that… people say that running a hospital is like running a hospital is like running a city,” said Dave Regan, president of SEIU-UHW. “You will not find a mayor in America that makes anywhere close to $450,000 a year, let alone $1.5 million. In fact, the person in charge of leading America makes $450,000 a year. We think that [executive] compensation has gotten out of whack.”

The actual costs for services in US hospitals is also out of whack. According to the World Bank, the US spends 17.9 percent of its Gross Domestic Product on healthcare, the most of any country on earth. But, according to the World Health Organization, the US ranks a dismal 37th in quality of healthcare.

US hospitals have grown infamous for overcharging for services and things like aspirin and ibuprofen. On average in California, charging from 325-800 percent above the actual cost for those services and supplies. FHPA is aimed to help  the US residents pay less for health care. Its goal is to lower the costs of services at non-profit hospitals by capping the amount charged for services to 25 percent above the estimated costs of providing care.

“Cost includes the salary of doctors, nurses and other caregiver… supplies, all of that… You take those costs and add 25 percent. That seems to us, a very healthy and large operating margin,” Regan said. “This will prevent the worst abuses by the most aggressive hospital providers in the state. Everyone knows hospital care costs too much, nobody knows what they’re going to get charged before they see bills… We believe this [FHPA] will reduce what patients are paying… and the hospital industry will be perfectly healthy.”

Both initiatives are also designed to increase transparency by forcing nonprofit hospitals to disclose their 10 highest paid executives and five ex-executives with the highest paid severance package, along with a detailed breakdown of the compensation or severance package, on a yearly bases.

They also have  teeth. Penalties for violating any of conditions set forth in the initiatives can trigger fines of up to $100,000. Even with these blaring facts, the hospital industry is expected to fight the health care measures to the bitter end.  SEIU has already fired shot by releasing an ad. But the hospital industry is predicted to dump millions into this battle to keep the status quo.

Both the California Hospital Association and the Hospital Council of Northern and Central California declined to comment on the initiatives. But a public relations officer from CHA  told the Guardian that the hospital industry and SEIU are looking for a “non-initiative solution.”

However, critics of the initiatives have banded together to fight the pair of healthcare reforms. A CHA-funded group call itself Californians Against Initiative Abuse released an ad accusing the initiatives of being a ploy to increase SEIU’s power . Calling the initiates, “deceptive, dangerous and dishonest.”

Literature on the group’s website spells out healthcare domesday if the initiatives are approved in November, including layoffs, reduced services, and hospital closures — and a decrease of hundreds of millions of dollars in Medi-Cal funding, handing back what it claims is $1 billion in funds to the federal government.

Whatever the outcome of the November ballot, the consequences of keeping the current trend of health care costs are catastrophic.

“Without reasonable health care reform, there are estimates that the health care costs can reach 30 percent of GDP in the future.” California Sen. Mark Leno told the Guardian, “This is not sustainable.  We have to get a handle on this.”

Both Kaiser and Blue Shield declined to comment.

 

Spread your wings

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ABSOLUTE BEGINNING TAIKO WORKSHOP

Dance Mission Theater has kept itself going by offering some of the most cutting-edge and exciting classes around. (Even the cast of The Real World dropped in recently for some schooling on how to vogue.) Here, instructor Bruce “Mui” Ghent of the Maikaze Daiko dojo will teach you how to bang your own beat out — on very, very large drums. The rigorously physical class (dress to sweat) introduces the basics of the ancient Japanese musical art form, taught with martial arts etiquette and discipline.

April 13- May 18, Sundays, 10:30am-noon, $99. Mission Dance Theater, 3316 24th St, SF. www.dancemission.com

 

METHOD WRITING

Be the Brando of poets, as Alexandra Kostoulas — student of famed Method Writing sage Jack Grapes — “strips away the artifice of writing, the baggage that keeps us from the most essential building block of any writing: the Deep Voice.” The class is based on journal entries which are transformed using Method Writing techniques into stories and poems. Help your writing to leap from the page and roar with fire! Or at least try something passionate and different.

April 29-June 17, Tuesdays, 6:30-9:30pm, $395. Emerald Tablet, 80 Fresno, SF. Also April 30-June 18, Wednesdays, 6:30-9:30, $395. Wework Building, 25 Taylor, SF. www.methodwritingsf.com

 

INTERACTIVE AUDIO

Give your music 3D expression — and a big boost of digital career potential — at this intensive course at Ex’pression Digital College. Students get an earful of learnin’: music production, electronic music and beat production, audio and visual composition, live performance engineering, audio engineering, recording and mixing, audio and music programming, and video game audio creation and integration. You get to make shapes with your sounds, very cool.

Classes start May 19 in Emeryville and San Jose. See www.expression.edu for more information

 

STENCILING 1.0

Downtown SF street art nexus 1:AM, aka First Ammendment (winner of a Guardian Best of the Bay Award) offers this supercool class with artist Strider. “Learn to make your ‘mark’ on the world” by designing, cutting, and spraying intricate stencils — including on your own T-shirts. Ages 14+ are welcome: This class is great for budding protesters, free spirits, and guerilla artists.

June 28, 12:30-3:30pm, $55. 1:AM, 1000 Howard, SF. www.1amsf.com

 

NATURAL CHEF

Have you heard about this whole slow food movement thingie? Nonprofit Bauman College has spent the last 25 years teaching health and wellness through holistic nutrition and culinary arts. This 450-hour course is the whole megilla — kitchen basics, farm-to-table sourcing, world cuisine, client services, therapeutic applications, and more. Everyone’s gotta eat, so the field continues to grow. Graduates can go on to work as personal chefs or start their own delicious business.

Classes start in September and are offered in Berkeley and Santa Cruz, See www.baumancollege.org for more information.

 

DRAMA THERAPY

No, this program doesn’t consist of screaming at your ex. A graduate program at the California Institute for Integral Studies, regionally accredited and approved by the North American Drama Therapy Association, drama therapy draws on dramatic play, theater, role-play, psychodrama, and dramatic ritual, to free the mind and bring healing to others. “Freedom and possibility are two key words that begin to describe the essence of drama therapy. Life is finite; there are only so many experiences we can have. But in drama, the opportunities and options are endless.”

Register for fall 2014 semester by July 10. See www.ciis.edu for more information.

 

Covered San Francisco unveiled

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At the tail end of a long Board of Supervisors meeting last week, Sup. David Campos introduced legislation to create Covered San Francisco, a city healthcare option designed to remedy a coverage gap that will be created under the Affordable Care Act.

Lately, we’ve gotten reports of San Franciscans hoping to enroll in Covered California — the state-run health insurance marketplace created under the ACA — leaving meetings with enrollment counselors in tears of frustration. Even though these would-be enrollees are technically eligible for Covered California — which makes them ineligible to stay in Healthy San Francisco — the insurance cost is nevertheless too high to be a realistic option.

“In high cost-of-living cities like San Francisco, many will simply not be able to afford it,” Campos said when he introduced the legislation. “The most authoritative study says 40 percent of San Franciscans who are eligible for Covered California still will not be able to afford it.”

Co-sponsored by Sups. John Avalos, Eric Mar, and Jane Kim, the legislation seeks to address the problem by creating a new option for employees to receive subsidies to purchase health insurance under Covered California through the Department of Public Health. The funding would be derived from an employer spending requirement already in place under the city’s Health Care Security Ordinance, the law that created Healthy San Francisco.

The proposal also seeks to close a loophole that Campos said incentivizes employers to set up health reimbursement accounts for employees that cannot be used to purchase Covered California insurance plans. To discourage the use of these accounts, the proposal would make spending irrevocable, meaning employers would be unable to claw back funding they’ve contributed. (Rebecca Bowe)

 

PG&E INDICTMENT DOESN’T GO FAR ENOUGH

A federal grand jury in San Francisco issued a criminal indictment against Pacific Gas & Electric for negligence in the 2010 gas pipeline explosion in San Bruno that killed eight people and destroyed an entire neighborhood. But that falls far short of what this rapacious company and its conniving executives — none of whom face personal criminal charges — should be facing.

The indictment omits key details of what happened leading up this tragic and entirely preventable explosion, buying into the fiction that there is a meaningful difference between PG&E Co., the regulated utility, and PG&E Corp., the wealthy and powerful Wall Street corporation. This is a stark example of how corporations are given all the rights of individuals, but accept few of the responsibilities, with the complicity of the political and economic systems.

The 12-count indictment focused on violation of the Pipeline Safety Act, which requires companies to maintain their potentially dangerous pipelines, including keeping detailed records and doing safety inspections that would detect flaws like the faulty weld that caused the San Bruno explosion on Sept. 9, 2010 — work the company negligently failed to perform.

But PG&E’s wanton disregard for public safety, combined with the greed and shameless self-interest of then-CEO Peter Darbee and other executives, goes far deeper than that. A report by the California Public Utilities Commission released in January 2012 found that $100 million in ratepayer funds that had been earmarked for pipeline maintenance and replacement, including this section in San Bruno, was instead diverted to executive bonuses and shareholder profits.

“PG&E chose to use the surplus revenues for general corporate purposes,” the audit said, noting that the company was flush with cash at the time and there was no good reason to neglect this required maintenance. (Steven T. Jones)

 

911 DISPATCHERS STRESSED

The controversial tax breaks given to tech companies in San Francisco in 2011 came under fire again last week, as emergency dispatchers protested crippling budget shortages on April 2 in front of the Department of Emergency Management.

“When you call 911, there should be enough people working to pick up the phone,” said Ron Davis, an emergency dispatcher in San Francisco for 13 years. “It’s upsetting when you or someone you love is in a life-threatening emergency and you’re put on hold for 30 seconds, 45 seconds, or even a minute and longer.”

The department receives, on average, nearly 3,000 phone calls per day, and the workers who spoke at the rally described long hours and inadequate coverage for the volume of calls that they receive. California law mandates that 90 percent of 911 calls be answered in 10 seconds or less, but in San Francisco that number often drops to 60 percent or lower. Davis said that on particularly busy nights, such as New Year’s Eve, there can be up to 20 calls in the queue waiting for an available dispatcher.

The rally was organized by SEIU Local 1021 and was part of the union’s contract negotiations with the city. Larry Bradshaw, vice president for the San Francisco region of the union, said workers were willing to make sacrifices during the recession but now, “we just want to recoup our losses and make up for lost ground.” (Brian McMahon)

 

WILL AIRBNB PAY UP?

Airbnb has agreed to start collecting and paying the transient occupancy tax in San Francisco sometime this summer — finally acknowledging that’s the only workable way to meet the tax obligation it shares with its hosts. But that leaves open the question of whether this $10 billion corporation intends to pay the tax debt it has accumulated for years while trying to duck its responsibility to the city.

That’s at least several million dollars that the city could really use right now. As we’ve previously reported, Airbnb commissioned and publicized a study in late 2012 claiming its San Francisco hosts collected $12.7 million from Airbnb guest in fiscal year 2011-12, meaning they should have collected and remitted to the city $1.9 million.

In early 2012, the San Francisco Tax Collector’s Office held public hearings to clarify whether the TOT applies to the short-term rentals facilitated by Airbnb and similar companies, ruling in April 2012 that the TOT does apply to those stays and that it is a “joint and several liability” shared by the hosts and Airbnb, which conducts the transaction and takes a cut.

As we also reported, despite heavily lobbying during the hearing and being acutely aware of the outcome and its resulting tax obligation, Airbnb simply refused to comply and tack the 15 percent surcharge onto its transactions, as similar companies such as Roomorama were doing.

So if Airbnb was really being the good corporate citizen that it’s now claiming to be, it would not only start charging the 15 percent fee and sharing that money with the city, it would also cut San Francisco a check for around $4 million, or whatever the tax would be on what this growing business has collected from its guests since April 2012. (Steven T. Jones)

 

BURSTING THE MONTEREY SHALE BUBBLE

“We’ve been told that there’s a great oil boom on the immediate horizon,” billionaire investor Tom Steyer noted at the start of a March 27 talk in Sacramento.

But Steyer (who has pledged to spend $100 million on ad campaigns for the 2014 election to promote action on climate change) wasn’t there to trumpet the oil industry’s high expectations. Instead, he introduced panelists who dismissed the buzz on drilling the 1,750-square-mile Monterey Shale as pie-in-the-sky hype.

Dr. David Hughes, a geoscientist with the Post Carbon Institute, and researcher Robert Collier had been invited to speak by Next Generation, a policy group focused on climate change that was co-founded by Steyer.

Both experts questioned the findings of a University of Southern California study that wound up being cited time and again as the basis for the oil industry’s arguments, in the context of a statewide debate on fracking.

Partially funded by the Western States Petroleum Association, the USC report outlined a rosy economic outlook stemming from oil extraction in the Monterey Shale, estimating that it would create 2.8 million jobs and $24 billion in tax revenues, findings that were “echoed by politicians of both parties,” Collier noted.

Yet prominent economists could find no basis for certain claims. “They said: ‘We cannot see any justification for these incredible numbers,” Collier reported. “They seem too big to be believable.” The Post Carbon Institute and Physicians, Scientists and Engineers for Healthy Energy published their own report challenging the findings, titled Drilling California: A Reality Check on the Monterey Shale. (Rebecca Bowe)

Brains, robots, and their evolution

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rebecca@sfbg.com

The Bay Area is fully engaged with the technology industry, triggering political flare-ups over Google Glass, tech buses, and larger debates over how the tech industry is morphing the Bay Area’s social and economic landscape. Meanwhile, university researchers are busily putting technology to use in service of their studies, or carefully examining how technology is shaping people’s lives.

A pair of recent events in San Francisco and Berkeley illuminate how web-based technology has become deeply embedded in everyday life, helping to shape human realms as personal and unique as emotions, brain health, and behavior.

Medical researchers at the University of California San Francisco have devised a tool they hope will advance our understanding of neuroscience and brain disease. On April 8, UCSF researchers launched a new project called the Brain Health Registry, which uses the Internet to recruit volunteer research subjects who play online brain games as part of the enrollment.

Across the bay at UC Berkeley’s Center for New Media, a recent symposium explored the implications of living in a world increasingly populated with robots and “smart” technologies that are designed to anticipate and respond to human behavior and dynamic environments. The April 4 event, called Robots and New Media, highlighted some thorny and intriguing questions about how robots “play a critical new role as extensions of ourselves,” according to the event description.

With discussion from cognitive neuroscientists about what happens to the human brain during interactions with robots, the talk also dived into questions about how much trust people should be willing to lend to emerging technologies.

 

BRAIN TRUST

Michael Weiner often wonders whether swimming in the San Francisco Bay can be credited with sharpening the mind. “I can tell you this: It sure makes you feel good,” said Weiner, who frequently plunges into the frigid bay waters as a member of the Dolphin Club.

For Weiner, a professor of radiology at the University of San Francisco who specializes in Alzheimer’s research, the curiosity goes beyond idle speculation. He’d like to conduct a clinical study to explore the impact that swimming in cold water has on mental functioning. But at the moment, he and a team of UCSF researchers are focused on a much bigger project.

Weiner is the founder of UCSF’s Brain Health Registry, designed to answer these brain impact questions by making it easier to do clinical studies. Realizing that the high cost of recruiting volunteers can slow down cognitive research, he’s turned to the Internet to build a database of volunteer subjects.

“The idea is to collect tens of thousands of people into a registry and then use it to select subjects for clinical trial,” he explained. To enroll, participants provide their names and other personal information, and answer questions about their patterns around sleep, mood, exercise, medications, use of alcohol, and other behaviors. They also take online cognitive tests provided by Lumosity, a brain-game company.

Their test results and personal information are then entered into the registry, which can be used to aid research in several ways. It can be analyzed to detect trends — for example, are there patterns suggesting a linkage between sleep disorders and poor cognitive functioning? It could be used to help researchers detect people with very early Alzheimer’s, Weiner noted. And UCSF researchers can contact registry volunteers to invite them in for clinical studies.

“I want 50,000 people of all ages within the San Francisco Bay Area,” Weiner said of his initial goal. By the end of 2017, the recruitment goal is 100,000. So far, 2,000 have signed up as volunteer subjects.

The Brain Health Registry could turn out to be a tool for facilitating long-term goals like finding a cure for Alzheimer’s. But having this giant database filled with sensitive personal information brings up at least one important question: What if there’s a data breach?

“I’ve been doing research for a long time, and never has there been a loss of data,” Weiner responded, vouching for the system’s ability to keep data safe. “I’m in there, my two children are in there.”

 

LIKABLE ROBOTS

Carla Diana spoke at Berkeley’s Center for New Media symposium on April 4. A designer whose work involves playing around with the expressive elements of technology, she helped create a robot called Simon with a team of researchers at the Georgia Institute of Technology.

She said the purpose of designing Simon was “to study how we can interact with the machine in the most natural way possible.”

Simon is cute and looks like a doll. With an all-white head and torso designed by Meka Robotics, a San Francisco-based robotics company that was recently acquired by Google, Simon has expressive droopy eyes outfitted with cameras, light-up ears that flop up and down, and mechanical hands that grip things.

He (it?) is programmed to track people as they interact with him, understand spoken sentences, and respond with expressive sound and movement that mimics human social behavior. Diana said the robot was designed with diminutive features on purpose, as a way of conveying that he has a lot to learn.

Diana is a fellow at Smart Design, where she oversees the Smart Interaction Lab. Her work isn’t just about making machines — it’s also about studying how people interact with smart technologies, and thinking carefully about things like how the “personality” of a machine can excite people, motivate them, or push their buttons, so to speak, by designing for a sensory experience.

Asked during the question-and-answer period about the ethical implications of designing machines meant to reach people on an emotional level, Diana acknowledged that this is precisely what smart technology designers are up to.

“It’s the responsibility of the designer to realize that we are doing that,” she replied. “We are creating entities that have the ability to manipulate humans’ emotions. And that’s that.”

 

WELCOME TO THE MACHINE

Mireille Hildebrandt, a lawyer, researcher, philosopher, and professor who flew in from the Netherlands to speak at the symposium, offered a big-picture view of what it means for people to interact with “smart” technologies or robotic machines, and she threw out questions about the overarching implications.

“We’re moving toward something called ubiquitous computing,” she explained. “The environment starts to adapt to your assumed, preferred preferences.”

Common examples of this adaptable technology abound on the Internet: Targeted advertising is based on individuals’ unique preferences. Google search tries to guess what you’re looking for before you finish typing.

What happens when this kind of “smart,” predictive tech goes beyond the computer screen? In some cases, that’s already happening: Think facial recognition technology that can scan an environment to detect a specific person. A less creepy example is smart appliances such as thermostats or robotic vacuum cleaners.

Bringing it up a notch, Hildebrant asked the audience to imagine that everyone had a personal robot. “What if your robot does some A/B design, testing your moods, susceptibility to spending, voting, and other behaviors?” she asked. “What if your robot is online with its peers, sharing your behaviors to improve the user experience? … However smart they are, they aren’t human. They have no consciousness, let alone self-consciousness.”

In a robotic environment, she said, “You can be calculated. When I, as a robot, act like this, then [a person’s] behavior will likely be like that. … We would have to realize that they are continuously anticipating us.”

To live in this kind of souped-up environment brings up big questions, Hildebrant said: “Who’s in control? What’s the business model? And how will it affect our privacy?”

Covered San Francisco plan would bridge gaps between Healthy San Francisco and Obamacare

The whole point of Healthy San Francisco, the city’s universal healthcare program, is to help people who can’t afford health insurance get medical care when they need it. Despite the intentions of expanding access to healthcare under the Affordable Care Act, that goal won’t necessarily be realized now that federal reform is underway.

Lately, we’ve gotten reports of San Franciscans hoping to enroll in Covered California, the state-run health insurance marketplace created under the ACA, leaving meetings with enrollment counselors in tears of frustration. Even though these would-be enrollees are technically eligible for Covered California – which makes them ineligible to stay in Healthy San Francisco – the insurance cost is nevertheless too high to be a realistic option.

“The most authoritative study says 40 percent of San Franciscans who are eligible for Covered California still will not be able to afford it,” Sup. David Campos noted in a recent phone interview. At the tail end of a long Board of Supervisors meeting on Tuesday, Campos introduced legislation that would create “Covered San Francisco,” a health care option designed to remedy this coverage gap. “In high cost-of-living cities like SF, many will simply not be able to afford it,” Campos said when he introduced the legislation.

The legislation is co-sponsored by Sups. John Avalos, Eric Mar, and Jane Kim. Drafted along with a team that included experts in healthcare and representatives from the city’s Department of Public Health and City Attorney’s Office, the proposal essentially does three things.

First, it seeks to close a loophole that incentivizes employers to comply with the city’s health care law in a way that makes it harder for employees to access medical care.

Under the Health Care Security Ordinance, the law that created Healthy San Francisco, employers must contribute toward their workers’ healthcare costs based on hours worked. In the past, they could comply by setting up standalone accounts, called healthcare reimbursement accounts (HRAs). If employees never tapped those accounts for healthcare needs, the businesses could take back the money they put in.

Under Obamacare, those standalone HRAs are now illegal. But some employers have discovered that they can still set up a different kind of HRA, called an “excepted benefits HRA,” which can only be used toward ancillary care like vision or dental needs.

For employees who are sick and need some kind of medical coverage, these “excepted benefit HRAs” can result in a bind, because under the new federal law, workers are expressly prohibited from using them to obtain insurance through Covered California. And, if employees don’t spend what’s in these accounts, employers can still take the money back – making this option very attractive to employers looking to reduce spending.

Therefore, Campos’ legislation seeks to make all spending to satisfy the local health care law irrevocable, meaning the employers cannot take it back.

“While individuals will face a federal mandate for the first time to purchase health insurance, they will not be able to use these accounts in these excepted benefit HRAs to actually meet that mandate,” Campos pointed out, saying the legislation seeks to do away with “this perverse incentive” for employers to set up HRAs instead of going with an option that would aid employees in seeing a doctor when needed.

This change would leave employers with the choice of keeping ever-expanding HRAs on their books – which is a liability – or looking for a different way to comply with the city’s healthcare law. Other options include providing insurance for their employees, or paying into a locally administered health-care program known as the “city option.”

Many employers already use this city option, and Campos’ proposal would change how it works. First, workers would sit down with city health officials for a consultation. From there, if workers were eligible for Covered California, they’d be enrolled, and they would get additional subsidies to make it more affordable. This system would be known as Covered San Francisco.

Workers not eligible for Covered California, such as undocumented residents, would be enrolled into Healthy San Francisco. And healthcare accounts would be set up for those who didn’t fall into one of the other two categories.

The third thing the law would do is require the city’s health department to extend Healthy San Francisco coverage to include anyone not already covered by the ACA, either due to economic hardship or because they lack an affordable health insurance option.

Already, the newly introduced legislation has some detractors in the Golden Gate Restaurant Association, a business entity that sued the city several years ago to challenge employer requirements under Health Care Security Ordinance.

Gwyneth Borden, executive director of the Golden Gate Restaurant Association — which brought and unsuccessful legal challenge to HCSO when the city adopted it — said her group takes issue with the idea of making HRA spending irrevocable. “The irrevocability does limit the choices – the city is trying to force the hand of the employer, to choose the city option,” she said. “The city’s making it more restrictive.”

She also said the GGRA was concerned about transparency. “What they’re saying is that … that entire cost wouldn’t have to sit in an account for an employee; it would fund the system,” in the event that an employer selected the city option, Borden said. “If they’re arguing that the employer has to spend every cent of the dollar on health care for the employee, then the city should have to do that as well.”

But Borden said GGRA had litigated on this issue before, and therefore would not be able to bring their opposition to the courts again. Borden also added that GGRA wanted to make one thing clear: “We applaud Sup. Campos’ efforts to broaden the city option,” she said, “and get more people health care.”

Is Kink breaking up with SF?

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Tales of local porn-purveyor Kink.com’s demise were reported early yesterday by Uptown Almanac, whose story, “Freak Flag May Not Fly Forever Over Kink’s Castle,” sounded the alarm. 

“It seems to have become not a question of if, but when there will be no more porn in our beloved Porn Castle,” reporter Jackson West wrote. To the uninitiated, the Porn Castle to which West is referring is known as The Armory, a brick fortress with histroic designation on 14th Street and Mission where the ever-adventurous pornographers at Kink.com film their wonderful smut (a term we use as endearingly as possible).

The planning department document West posted posted to his article show Peter Acworth, founder and CEO of Kink.com, requested the city to convert the basement, “drill court,” second, and third floors of The Armory into office space. The document also shows a need for an environmental review before conversion. (Side note: Gee, wouldn’t you love to be the city worker who had to inspect The Armory? “Hell of a day at work today honey, I was so tied up. Well technically, this guy wearing clothespins was tied up.”) The planning department told the Bay Guardian we could inspect the documents for ourselves tomorrow, but were unable to supply them for viewing today.

So, is it true? Is Kink.com fleeing our quickly gentrifying city?

Not to ball-and-gag West’s reporting, but we went straight to Kink.com owner Peter Acworth, who told us Uptown Almanac’s article is “half-correct.”

Firstly, the conversion of the first floor drill court into office space was a long time in planning, multiple sources (including Acworth) confirmed for us. Kink.com intends to use the space for its community center, as well as to rent to outside vendors.

But Acworth did admit that conversion of the rest of The Armory into office space was a preliminary move to vacate The Armory — but that it’s a last-ditch move he hopes he won’t need to make.

kinkac

Peter Acworth and Princess Donna. Photo by Pat Mazzera.

“I would still think of Kink.com production moving out as a question of ‘if’ as opposed to ‘when,’” he wrote to us in an email. “This move represents an insurance policy.  If the various regulations that are being considered currently in Sacramento and by Cal-OSHA become law, we will likely have to move production out of California to Nevada.”

The regulations he’s referring to are a statewide version of the recent Los Angeles condom law, AB 1576, Introduced by Assemblymember Isadore Hall, III, (D- Los Angeles), as well as new Occupational Safety and Health Administration standards legally requiring porn actors wear protective goggles to protect their eyes from STDs that may be present in ejaculate.

Kink.com was fined $78,000 by CAL/OSHA earlier this year for workplace hazard violations, according to a report by SF Weekly. Kate Conger writes, “The majority of the fines were for allowing performers to work without using condoms, while a $3,710 portion of the total fine was for additional violations, including improperly placed power cords, an absence of first aid supplies, and missing health safety training materials.”

The AIDS Healthcare Foundation also told SF Weekly they filed violations because, they alleged, two actors contracted HIV in connection with their performances in Kink.com shoots. At the time, Kink.com spokespeople denied the claims had merit.

[Update 8:20pm: Shortly after this story was published, the AIDS Healthcare Foundation published a press release announcing the state bill to mandate condoms in pornography made progress today. From the release: “Assembly Bill 1576, Rep. Isadore Hall’s bill to require condoms in all adult films made in California cleared the Committee on Labor and Employment in the California Assembly in a 5 to 0 vote (with 1 absence & 1 abstention) today and now moves on to the Assembly Arts & Entertainment Committee.

“In the last year, at least two additional adult performers—Cameron Bay and Rod Daily—sadly became infected with HIV while working in the industry,” said Michael Weinstein, President of AIDS Healthcare Foundation. “AB 1576 expands and broadens worker protections for all California’s adult film workers on a statewide basis.”]

For Acworth, the passage of either of the statewide reforms in porn would be too prohibitive to do business in California. He’d then move the whole kinky company to Nevada, as many of his fellow pornographers have already done.

“We hope this never happens and that the new regulations are reasonable, but if it does happen over the coming years, we would like the option to rent out The Armory – or portions thereof – to other users.”

The planning review process takes 18-24 months, so in the short term, everyone can calm down. But for the long term, you’ll know Kink.com is ready to move by watching the progress of statewide porn reforms. If porn actors need to wear goggles in productions, it looks like we’ll say goodbye to Kink.com.

Below we’ve embedded the planning department filing from Acworth, obtained by Uptown Almanac.

Planning Department File on Kink.com by FitztheReporter