History

Quite an interview: a talk with Judy Stone

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"There’s no craft. I’m just curious." To which I respond, "Are you sure?" as if this respected journalist could be putting me on. I’ve just read Judy Stone’s new book of interviews, Not Quite a Memoir: Of Films, Books, the World (Silman-James Press). "How do you prepare your questions?" I ask. "I don’t," she replies as I stare down at my list of prepared questions. "But don’t let that intimidate you."

Because Stone was born into a family that "couldn’t resist a joke," her confessed lack of organization seems unconvincing. This is the woman who, during a colossal televised press conference for Alfred Hitchcock’s Family Plot, asked Hitch what he’d like on his gravestone. Later, Pauline Kael confronted Stone about her question, to which she responded, "Pauline, the whole movie was about that."

"I don’t include myself in my interviews because that’s not the point," Stone insists. Regardless, her priorities and ethics are clear in her writing. Take the subject of Israel: "I have always felt that I have ethical obligations," she says. "I’m not a Zionist. I’d like to see equal justice for Palestinians. My oldest brother [I.F. Stone] wrote a book called Underground to Palestine. He went with people right out of the concentration camps on the first ship to Palestine. In his articles he came out for a binational state." As if to suppress emotion, she fidgets with her copy of Not Quite a Memoir and reads a quote from her interview with Amos Oz: "Israel was a land for two people, not just one…. This particular national movement is the most stupid and cruel in modern history but we ought to do business with it…. You can’t make peace with nice neighbors." This quote, Stone says, is relevant today, not simply because the conflict in Palestine persists but because "it also applies to the question of negotiating with Iran. Their president is an imbecile and dangerous; so is Bush. So now we have two imbeciles making policy, and it’s a very, very dangerous situation. However, I hope that my interviews with Iranian directors show more of the human side of Iran."

Stone’s new book and her previous collection, Eye on the World: Conversations with International Filmmakers, should be regular fare in college film classes. But although her first book, The Mystery of B. Traven (about the enigmatic author of The Treasure of the Sierra Madre), has recently been republished, Eye on the World is currently out of print. And Not Quite a Memoir, boasting more than 120 interview portraits, including ones of Jean Genet, Leroi Jones, Donald Ritchie, Kathy Acker, Anne-Marie Melville, and Juan Goytisolo, has been publicized little and reviewed less. "It hasn’t even been reviewed in the San Francisco Chronicle, where I worked for 30 years."

Partly guided by an interest in "how each person’s homeland has affected him," Stone’s interviews with writers and filmmakers have taken her all over the world. Although Bernardo Bertolucci didn’t like Stone’s review of his film Luna, he told her a critic is supposed to be "a bridge between the filmmaker and the audience," to which she replied, "I try, I try." Proof positive: her interview with novelist Orhan Pamuk helped American critics better understand his complex work The Black Book.

Today she feels as she did while writing "Encounter in Montenegro." The previously unpublished piece, written in 1959, concludes Not Quite a Memoir and is the only one in which she reveals the way she responds to people. In it she’s a young reporter riding a bus through the black mountains of Yugoslavia. She engages in a discussion with a student from Ghana who makes clear his contempt for Stone, a stranger, and worse, an American. "I still feel that way," she says now. "Feel what way?" I ask. "Feel what way?" she repeats, pausing to help me understand. "This man despised me because I was an American." "So you felt despised?" To which she replies, "Don’t you?" (Sara Schieron)

Scruff trade

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› a&eletters@sfbg.com

Forty years ago Bruce Nauman made a squat, unpainted block of plaster sculpture titled A Cast of the Space under My Chair. This single work, one of dozens in the Berkeley Art Museum’s absorbing exhibition "A Rose Has No Teeth: Bruce Nauman in the 1960s," is said to have provided enough inspiration to fuel the career of British artist Rachel Whiteread, who famously cast the interior of a condemned Victorian house. Nauman’s sculpture, here seen as cast exhibition copy, could easily be overlooked. It’s modest in scale and, like much of this show, constructed with the most basic materials. The piece points, as do others, to Nauman’s uncanny and influential ability (Matthew Barney’s use of physical endurance and film are connected to Nauman) to activate negative space, be it a physical zone or the creative void artists face in the studio. As is evidenced here, he exalts, questions, liberates, and gibes the anxiety-ridden act of making art, irrespective of material form. He quite often relies on the one thing always at hand: his body.

The show, curated by BAM’s Constance Lewallen, is limited to works made during five prolific years while Nauman lived in Northern California. There are an impressive number of classics here, including Self-Portrait as a Fountain, a 1966–67 photograph of the artist squirting an arc of water from his mouth, and Wax Impressions of the Knees of Five Famous Artists, a 1966 phlegm-colored, rectangular wall sculpture that subverts the promise of its title (it’s fiberglass, and all the knees are Nauman’s). But the exhibition is less about masterpieces than it is about the spirit of experimentation that’s always been a hallmark of Bay Area art making. In four galleries fitted with drawings, sculpture, photography, film, video, and neon, text, and sound works, the show easily proves its thesis: Nauman established his artistic vocabulary — using whatever means necessary to focus on the physical, playful use of language and that sense of void — while living here. "Rose" also communicates the thrill of seeing the vision, propelled by a sustained, successful run of art production, of an artist who became one of the most important of his generation.

It’s rare to see static and projected works installed together so handsomely, and the spare yet lively exhibition design is a key to the show’s success. Nauman’s promiscuous use of media is in glorious effect throughout. In the first gallery, fiberglass sculptures cast from architecture and forming homely objects sit next to videos that find the artist slowly and sometimes suggestively interacting with a corner of a room or a glowing fluorescent light tube. Nearby, small ceramic works from 1965 depict imploding cups and saucers. Drawings and neon present Nauman’s interest in text and wordplay. Later the exhibition adds Nauman’s quasi-how-to 16mm films, pieces that illustrate his interest in the notion of making. Andy Warhol made dry, deadpan films concurrently, but Nauman’s are more boyishly wry and reveal the artist getting his hands dirty, literally. Challenging the hegemony of minimalism, Nauman channeled the 1960s spirit of political and lifestyle fomentation. His classic studio videos, in which he engaged in repetitive, sometimes strenuous physical acts for the camera (Bouncing in the Corner, No.1 and Stamping in the Studio, both 1968, among them), directly link the artist to his work.

Lewallen’s decision to focus on pieces made in a specific region, one outside the art world mainstream, introduces elements of Bay Area art history and the contested notion of regionalism and place in a contemporary art scene ruled by international biennials and art fairs. Here we see pieces made while Nauman was in the nascent graduate art program at secluded UC Davis, where he studied with William Wiley and Robert Arneson and TA’d for Wayne Thiebaud. That backdrop indirectly surveys the role of graduate schools when they were affordable — and in this case, laid-back and apart from the limelight and marketplace.

Nauman has always seemed to operate as a lone cowboy and has long resided in New Mexico, far from art world centers. He’s notoriously reticent about attending openings, though he surprised everyone by showing up in Berkeley for this one. The exhibit’s catalog pinpoints Nauman’s onetime studio at 144 27th St. in the Mission District, a neighborhood still attractive to artists. But "Rose" doesn’t so much suggest a Bay Area aesthetic as use location as a framing device.

In a 1970 interview Nauman said that his work was initially confused with funk art, a 1950s-born movement that had a strong Bay Area presence in the early work of Bruce Conner and others. "It looked like it in a way," he said, "but really I was just trying to present things in a straightforward way without bothering to shine them and clean them up." Scruffy still works around here, and in that spirit the show generates a frisson of hometown pride that feels anything but sentimental. It’s heartening to see what amazing things emerge from under the radar. *

A ROSE HAS NO TEETH: BRUCE NAUMAN IN THE 1960S

Through April 15

Wed. and Fri.–Sun., 11 a.m.–5 p.m.; Thurs., 11 a.m.–7 p.m., $4–$8 (free first Thurs.)

Berkeley Art Museum

2626 Bancroft Way, Berk.

(510) 642-0808

www.bampfa.berkeley.edu

>

The honeymoon is over

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Update: That alert bunch over at the SFist has raised questions about whether the photo that we published this week of Mayor Gavin Newsom (wearing a pink honeymoon kimono) and his alleged stalker Han Shin was real or altered — and we’re kinda curious about that ourselves. As we acknowledged in the paper, we got it from a source who got it directly from Shin, so we can’t verify its authenticity. But maybe you can? Is is a real photo? Or if not, which are the fake parts? Are they really together? Is Newsom really wearing a pink honeymoon over a Reelect Bevan Dufty T-shit over what looks like a business shirt?
No matter what the conclusions, we’re still glad that we published the photo, which is either real or was faked and being passed around by Shin. Either way, weird stuff. Post your thoughts below.

The Honeymoon is over
By Tim Redmond

Poor Gavin Newsom: it’s tough to be a globe-trotting, movie star–dating celebrity mayor with a lingering sex scandal … and now a stalker. But not just any stalker — Han Shin, assuming the above photo is real (we got it from a trusted source who said he got it directly from Shin), once got the mayor to pose with him in a pink honeymoon kimono.

Shin, according to police accounts, has a troubled history: the San Francisco Chronicle reported that he allegedly threatened to kill his 76-year-old mother, who said that her son was dangerous whenever he stopped taking his medication.

Shin is also accused of shining a laser into a prosecutor’s eye during a court hearing. He was arrested by San Ramon police Feb. 28 for allegedly burglarizing the home of a man officers believe he had been in a relationship with and repeatedly trying to run over the guy’s roommate with his car.

Shin told the Chron that only the cops think he’s crazy and that he’s stopped taking his meds. He says he wears purple latex gloves because purple is the color of divinity and royalty. The city got a restraining order against him after he showed up in the lobby of Newsom’s apartment building.

The man apparently has a thing for Newsom: a Bay Area Reporter story this week says that "reports have also noted that Shin has attempted to flirt with the mayor and was seen photographing Newsom from the waist down at a recent public meeting the mayor held in the Bayview."

He kind of likes Sup. Bevan Dufty too: the supervisor says he met Shin last year when he was running for reelection and the man gave him a raspberry kimono — perhaps similar to the one Newsom is wearing in this photo. Again, the BAR: "Asked if Shin identified as gay, Dufty said, ‘He is like a cross between Liberace and Hello Kitty. He is out of his gourd.’ "

Interestingly, in the photo we were given, Newsom is wearing a Dufty campaign T-shirt under his kimono.

James Madison Freedom of Information Award Winners

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The Society of Professional Journalists’ Northern California Chapter has been handing awards for 22 years to journalists, educators, public officials, and citizens who best exemplify the importance of open and accountable government and a free and diligent press. And every year the Guardian recognizes the winners and helps highlight the important issues that they raise for the Bay Area and beyond. Here are this year’s winners:

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


Three few years ago the Oakland Unified School District announced that, due to budget constraints, it was shutting down all the student-run newspapers in the district. Rowland "Reb" Rebele lives in Aptos, but he read about the shutdown in a San Francisco Chronicle column.

He picked up the phone, made some calls, and found out the situation was desperate and how much money was needed. He then wrote a check sufficient to resurrect the student newspapers for a year. Then he kept on writing checks to keep the papers going last year and again this year. This was typical of Rebele. No one asked him for help. He received virtually no acknowledgment for his gift. But his timely action turned the lights back on for fledgling newspapers that were out of money and, it seemed, out of luck.

Rebele is a First Amendment mensch (a description that James Madison, had he any familiarity with Yiddish, would have approved of). In his half century of publishing community newspapers that he owned and operated in Coalinga, Chula Vista, and Paradise in California and across the country, he was energetic, inspiring, and devoted to his readers and his communities, and a demon in pushing for open government and accountability. He pursued the same policies as a stalwart for half a century in the California Newspaper Publishers Association and as an activist president who brought key reforms and exceptional leaders to the organization.

Rebele has been a director of the California First Amendment Coalition for a decade. He quickly became the one truly indispensable member of the organization, pushing it, pulling it, holding it together, and cajoling it to broaden its activities because he felt the organization and its mission were vital.

He has also launched an innovative internship program at Stanford University. Rather than just give money to the school, he and his wife, Pat, created a program that has enabled dozens of students to get hands-on experience writing for real newspapers in California. Quietly and selflessly, Rebele has spent his newspaper career fighting the good fight for First Amendment and public interest principles. (Bruce B. Brugmann)

Beverly Kees Educator Award

ROBERT OVETZ


Art Institute of San Francisco instructor Robert Ovetz was fired after he criticized the administration for confiscating a magazine his students produced for his class last December.

Ovetz, who had taught at the institute for three years, told his students to create a "culturally critical" magazine as their final project for a cultural studies class he taught last fall. They produced a 36-page zine called Mute/Off.

Less than 24 hours after he and students distributed 500 copies of the magazine, which Ovetz printed with the institute’s copy machine, most were gone. Ovetz initially attributed their disappearance to popularity, but he soon learned from students that the administration of the school, which was purchased by Goldman Sachs and General Electric last year, had removed them from its campuses and even literally pulled them out of students’ hands.

"This is an example of how a corporation is not held accountable for upholding basic constitutional rights [to] free speech. This is a private company that’s operating as an institution of higher learning," Ovetz told the Guardian. "Its only interest is its bottom line, and its bottom line is profit."

Ovetz complained to the administration about vioutf8g the students’ freedom of speech and received his pink slip Dec. 20, 2006. Dean of Academic Affairs Caren Meghreblian told Ovetz the magazine possibly violated copyright law by reproducing corporate logos without permission and had grammatical errors. She also said a story in the magazine called "Homicide," about three white kids playing a video game as black gangsters, might be racist.

After Ovetz and students complained and the media reported the story, the administration allowed students to redistribute the magazines, but it still refuses to give Ovetz his job back. (Chris Albon)

To size up the magazine yourself, visit www.brandedmonkey.com/muteOffLowRes.pdf.

Citizen

RYAN MCKEE


The object of the California Public Records Act is to ensure the people’s right to know how their state and local governments are functioning. Newspapers are often the entities that test the limits and loopholes of the law. But in January 2006 an 18-year-old college student, Ryan McKee, undertook an audit of each of the 31 California state agencies that was the first of its kind. McKee tested how these agencies, which he personally visited, responded to simple requests to view and get copies of readily available public documents. The results revealed a disturbing pattern. Several agencies performed miserably, including the Department of Justice, which counsels and represents many other state agencies on the Public Records Act, and all of the agencies violated at least one aspect of the law. Common problems included asking for identification, making illegal charges, and taking longer than allowed to release information. McKee undertook the audit while volunteering for Californians Aware, a nonprofit where his father, Richard McKee, is president. A copy of the audit, including its results and grades, was sent to each agency to help it better understand and adjust to its responsibilities. (Sarah Phelan)

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


ANG Newspapers regional reporters Rebecca Vesely and Michele Marcucci are being honored for the series "Broken Homes" and their unflinching pursuit of public records that exposed negligent care administered to people with autism and other forms developmental disabilities. The series highlighted problems ranging from a lack of proper supervision to unlicensed officials working at health care facilities. Some of these offenses were then linked to patient deaths.

The award recognizes the daunting and tedious task that befell the journalists: 15 months of scouring thousands of hard-copy papers from dozens of sources that included licensing agencies, multiple law enforcement bureaus, and coroner’s offices. The results were entered into a database and cross-checked against other sources of information.

"It’s not like we work at the New York Times, where you can lock yourself in a room for a year. This is one-stop shopping here," Marcucci told the Guardian, noting that both reporters continued their daily beats while working on the project. The series was well received and helped prompt state officials to reinstate inspections of licensed facilities that had been eliminated due to budget cuts. (Christopher Jasmin)

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


Two reporters from the Sacramento Bee, Andrew McIntosh and John Hill, get Freedom of Information props for exposing the cronyism and the corruption of the California Highway Patrol.

The two wrote a series of articles detailing how the CHP violated state and department regulations in awarding contracts for items ranging from pistols to helicopters.

"The CHP spends hundreds of millions of dollars each year on equipment and goods," McIntosh told the Guardian. "That’s taxpayer money."

McIntosh said he and Hill took a systematic look at the department’s bidding process and found it was not competitive. The investigation led to the suspension of one officer, Gregory Williams, who the reporters found had awarded $600,000 worth of contracts to his daughter’s company for license plate scanning devices, $500,000 of which was canceled after the reporters exposed the scandal.

The reporters also found the CHP, which controls signature gathering at the Department of Motor Vehicles and other state buildings, denied more than 100 applications for permission to register voters or solicit signatures. Other stories pushed Senate majority leader Gloria Romero and Assemblymember Bonnie Garcia to call for a state audit of the CHP.

McIntosh told us the investigation showed "the CHP is not above public scrutiny or the law when it comes to business dealings." (Albon)

MEERA PAL, CONTRA COSTA TIMES


A good mayoral race isn’t really fun unless a bit of scandal emerges, like it did in Pleasanton two weeks before the November 2006 election.

Meera Pal decided to research the roots of a story that was handed to her by city council member Steve Brozosky, who was challenging incumbent mayor Jennifer Hosterman. Brozosky gave Pal e-mails his campaign treasurer obtained through open-records laws that showed Hosterman may have used her city e-mail account to solicit campaign donations and endorsements, a violation of state law.

But Pal went beyond Brozosky’s story and submitted her own public records requests for the city e-mail account of the mayor, as well as a year’s worth of e-mail from Brozosky and the three other council members.

Pal’s public records request revealed that Brozosky’s inbox was completely void of any e-mail, something neither he nor the city’s IT manager could explain. Brozosky is a computer expert who runs a company that vends city Web site software, so his technical expertise made the situation even more suspicious.

Investigations revealed it was just a setting on his computer that was inadvertently scrubbing the e-mail from the city’s server. Though both violations aren’t necessarily serious crimes, the race was close enough that dirt on either side could have had a profound impact on the outcome, and the results show 68,000 voters who were truly torn during the last two weeks before election day while Pal was reporting these stories. Hosterman eventually won by just 188 votes. (Amanda Witherell)

SUSAN SWARD, BILL WALLACE, ELIZABETH FERNANDEZ, AND SETH ROSENFELD, SAN FRANCISCO CHRONICLE


In the wake of 2003’s so-called Fajitagate police scandal — in which San Francisco officer Alex Fagan Jr. and others were accused of assaulting and then covering up their alleged vicious beating of innocent citizens — the San Francisco Chronicle uncovered records showing that Fagan’s short history on the force was marked by regular incidents of abusive behavior, the kind of records that should have served as a warning for the problems to come.

"We decided to take a look to see how common it was. And we spent a lot of time doing that," Steve Cook, the Chronicle editor of what became last year’s five-part "Use of Force" series, told the Guardian. The team used the Sunshine Ordinance to gather boxloads of records on use-of-force incidents, which it organized into a database that was then supplemented and cross-referenced with a wide variety of other public records, along with old-fashioned shoe leather reporting, all the while fighting through bureaucratic denials and delays.

Despite an embarrassing mislabeled photo on the first day of the series that served as fodder for attacks by the Police Department and Mayor’s Office, the series made clear that rogue cops were abusing their authority, totally unchecked by their supervisors. "We were proud of what we were able to show," Cook said. "We showed a department in need of some basic reforms."

The series helped spur the early intervention system that was recently approved by the Police Commission. It’s a good first step, but one criticized by the Chron and the Guardian for failing to include some key indicators used in other cities (see our editorial "Fix Early Warning for Cops," 2/28/07), something that Cook said requires ongoing vigilance by the press, to bring about needed reforms: "Only the news media is really going to accomplish this, if they stay with the story." (Steven T. Jones)

Legal counsel

DAVID GREENE


The First Amendment was never about money. Free speech is supposed to be free. But these days threats to the First Amendment are growing, more and more people who lack the resources of a major media outlet are in need of help — and there aren’t many places dedicated to offering that assistance, free.

That’s where David Greene and the First Amendment Project come in.

Since 1999, as a staff attorney and executive director, Greene has helped dozens of freelance journalists, students, nonprofit organizations, and independent media outlets protect and expand their free speech and open government rights.

The operation he runs is totally independent. That’s a key point in an era of massive media consolidation: when the Guardian sought earlier this year to find legal representation to force open the key records in a lawsuit over Dean Singleton’s local newspaper merger, we found that just about every local media law firm represented at least one of the parties to the case and thus was conflicted. The FAP was not.

Greene and the FAP have represented blogger Josh Wolf and freelancer Sarah Olson in landmark subpoena cases. Greene, with the American Civil Liberties Union of Northern California, wrote the amicus brief on behalf of noted literary artists in the California Supreme Court case In re George T., in which the court, relying heavily on the FAP brief, overturned the conviction of a juvenile who made threats to other students with a poem. And the struggle just goes on. The FAP is funded largely by private donations and always needs additional support.

"Unfortunately," Greene told us, "we have to turn away a lot more cases than we can take." (Tim Redmond)

News media

SAN JOSE MERCURY NEWS


After years of last-minute backroom deals at San Jose’s City Hall, things came to a head when the City Council rubber-stamped proposals to give a $4 million subsidy to the San Jose Grand Prix, $80 million for a stadium to keep the Earthquake soccer team from leaving town, and $45 million for new City Hall furniture.

Clearly, something had to give. But it was left to San Jose Mercury News editorial writers to push for transparent and accessible government and better enforcement of the state’s open government laws.

First they shamed the city, pointing out that "San Francisco, Oakland, even Milpitas have better public-access laws." Next they hammered then-mayor Ron Gonzales for saying that calls for more open government were "a bunch of nonsense." Then they printed guiding principles for a proposed sunshine ordinance that they’d developed in conjunction with the League of Women Voters and Mercury News attorney James Chadwick.

When city council member Chuck Reed was elected mayor on a platform of open government reforms, the paper still didn’t give up. Instead, it’s continuing to champion the need to bring more sunshine to San Jose and working with a community task force on breaking new ground, such as taping closed sessions so they can one day be made available when there’s no further need for secrecy.

Somehow the Merc also managed to pull off another amazing feat: the paper built public understanding of and support for sunshine along the way. (Phelan)

SAN MATEO COUNTY TIMES


When outbreaks of the highly contagious norovirus sprang up in a number of California counties, San Mateo County was among those hit. Public health officials, however, would not release the names of the facilities where numerous individuals became infected, citing concerns about privacy and not wanting to discourage facility managers from contacting health officials.

Nonetheless, the San Mateo County Times ran a series of reports on the outbreaks in the named and unnamed facilities. After publishing reports on unnamed facilities, the news staff began to receive phone calls from residents who wanted to know the names of the facilities. Times reporter Rebekah Gordon told us it became clear that the public wanted to know this information, and the paper fought the county’s secrecy.

Gordon learned that facilities are required by law to report outbreaks, regardless of the potential for media exposure. Times attorney Duffy Carolan sought out and won the disclosure of the names of four facilities.

"The county’s initial nondisclosure decision evoked public policy and public safety concerns at a very broad level, and nondisclosure would have had a very profound effect on the public’s ability to obtain information that affects their own health and safety. By persisting in the face of secrecy, the Times was able to establish a precedent and practice that will well serve to inform their readers in the future," Carolan told us.

The paper learned the outbreak was far more widespread than the county had admitted, finding 146 cases in six facilities. Gordon said, "The numbers were so much higher than we were ever led to believe." (Julie Park)

Online free speech

JOSH WOLF


Even as he sits inside the Federal Correctional Institute in Dublin, where he’s been denied on-camera and in-person interviews, jailed freelance journalist Josh Wolf manages to get out the message. Last month Wolf, who is imprisoned for refusing to give up video outtakes of a July 2005 anarchist protest in the Mission that turned violent, earned a place in the Guinness World Records for being the journalist to have served the longest jail term in US history for resisting a subpoena.

His thoughts on the agenda behind his incarceration were read at press conferences that day, reminding everyone of the importance of a free press. Meanwhile, Wolf has managed to continue operating his blog, www.joshwolf.net, by sending letters to family, friends, and fellow journalists, including those at the Guardian.

Wolf has also managed to create two other Web sites: www.mediafreedoms.net, which supports journalists’ resistance to government pressure, and www.prisonblogs.net, which allows prisoners to air thoughts and grievances. If Wolf can do all this from behind bars, imagine what he’ll do when he finally gets out. As Wolf would say, if we could only speak to him without reserving a phone interview 48 hours in advance: "Free press? Then free Josh Wolf!" (Phelan)

Public official

JOHN SARSFIELD


As district attorney for San Benito County, John Sarsfield upset the political applecart when he tried to prosecute the County Board of Supervisors for ignoring the Brown Act’s prohibitions on private communication and consensus building among board members on matters that involved employment decisions, personnel appeals, contracting, and land use–growth control issues.

His decision didn’t sit well in a county where battles over the future of the land have spawned Los Valientes, a secret society that has targeted slow-growth advocates and anyone who gets in its way — including believers in open government. So the board retaliated by defunding Sarsfield’s office, forcing the DA to file for a temporary restraining order against the board, the county administrative officer, and the county auditor, a countermove that kept his office operating and the investigation alive — until he lost his reelection bid to the board’s chosen candidate in January 2006.

One of Los Valientes’s targets, Mandy Rose, a Sierra Club member and slow-growth advocate, recalled how people on the outside warned Sarsfield what he was up against, "but he insisted on working within the system. It was what he believed in. Someone even said he was a Boy Scout."

For his efforts, Sarsfield’s life was turned into a living hell that cost him his dogs, his marriage, and eventually his job. But now, with this award, he gets some small recognition for fighting the good fight. And he has also been appointed special assistant inspector general within the Office of the Inspector General by Gov. Arnold Schwarzenegger. (Phelan)

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


Investigative reporter Lance Williams and sportswriter Mark Fainaru-Wada joined forces in 2003 to take on what became one of the biggest — and most controversial — local news stories of the past five years.

The investigation of the Burlingame-based Bay Area Laboratory Co-operative, better known as BALCO, and the larger scandal of widespread steroid use among baseball players was, the San Francisco Chronicle editors decided, too big for one reporter.

In fact, it turned out to be big enough for a series of stories, a book, and a legal battle that almost sent the two writers to federal prison. The duo admits today it was mostly the fear of getting scooped that drove them through the story’s dramatic rise.

"I’m a baseball fan in recovery," Williams told the Guardian. "I used to think I knew the sport. I didn’t have a clue about this stuff. I’m not kidding you. I had no idea how much a part of baseball steroids had become … that whole sort of seamy underside of the drug culture and the game. I just didn’t know it was like that, and I think most fans don’t either."

Although prosecutors seemed to be focusing on BALCO executives, everyone following the story wanted to know what witnesses — in this case top sports stars — told a federal grand jury investigating the company. The outfit had allegedly distributed undetectable steroids and other designer drugs to some of the world’s greatest athletes, including Giants slugger Barry Bonds, who is on his way to making history with a new home run record.

In 2003 the Chronicle published lurid details of the grand jury’s investigation based on notes Williams and Fainaru-Wada had obtained from court transcripts leaked by an anonymous source. Bonds denied knowingly taking any steroids, but prosecutors waved in the air documents allegedly confirming his regular use of substances banned by Major League Baseball.

Furious prosecutors launched an investigation into the leak of secret grand jury transcripts. The reporters were called on to testify but refused — and so joined two other reporters last year threatened with jail time for resisting subpoenas. A lawyer stepped forward last month and admitted leaking the documents, but Williams and Fainaru-Wada came dangerously close to landing in the same East Bay lockup where blogger Josh Wolf is held for refusing to cooperate with a federal grand jury.

The rash of recent attacks on reporters by federal prosecutors has First Amendment advocates up in arms. After all, no one’s going to leak crucial information if the courts can simply bulldoze the anonymity that journalists grant whistleblowers. Fainaru-Wada and Williams have since inspired a bipartisan proposal in Congress to protect journalists at the federal level (dozens of states already have variations of a shield law in place).

"People roll their eyes when you start talking about the First Amendment," Fainaru-Wada said. "But the First Amendment is not about the press, it’s about the public."

In addition to the James Madison Freedom of Information Award, Williams and Fainaru-Wada’s coverage of the BALCO stories earned them the prestigious George Polk Award. But the story took a dark, unexpected turn last month.

Defense attorney Troy Hellerman, who represented one of the BALCO executives, pleaded guilty Feb. 15 to contempt of court and obstruction of justice charges and could serve up to two years in prison for admitting he twice allowed Fainaru-Wada to take notes from the grand jury’s sealed transcripts.

Just as he was spilling details in 2004, Hellerman demanded that a judge dismiss charges against his client, complaining that the leaks prevented a fair trial. He even blamed the leaks on prosecutors. A deputy attorney general called the moves "an especially cynical abuse of our system of justice."

Media critics lashed out at Williams and Fainaru-Wada for exploiting the leaks before and after Hellerman moved for a dismissal. Among those attacking the Chron reporters were Slate editor Jack Shafer and Tim Rutten at the LA Times, who described the conduct as "sleazy and contemptible."

Williams and Fainaru-Wada today still won’t discuss specifics about their sources, but Williams said without the leaks, names of the athletes involved would have otherwise been kept secret by the government even though the grand jury’s original BALCO investigation was complete.

"The witnesses didn’t have any expectation of privacy or secrecy of any kind," he said. "They were going to be trial witnesses. It was in that context that our reporting got under way. I am sensitive to the need of an investigative grand jury to remain secret. And I’m respectful in general of the government’s secrecy concerns. But it’s not the reporter’s job to enforce that stuff." (G.W. Schulz)

SARAH OLSON


When Oakland freelance writer and radio journalist Sarah Olson stood up to the Army by resisting a subpoena to testify in the case of Iraq war resister First Lt. Ehren Watada, she faced felony charges as well as jail time. But Olson understood that testifying against a source would turn her into an investigative tool of the federal government and chill dissent nationwide. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist anymore," Olson told the Guardian.

She also objected to journalists being asked to participate in the prosecution of free speech. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime," Olson said. Watada, whom Olson interviewed, has been charged with missing a troop movement and conduct unbecoming an officer, because he publicly criticized President George W. Bush and his illegal Iraq War.

In the end, Army prosecutors dropped the subpoena once Watada agreed to stipulate that Olson’s reporting was accurate. Olson, for her part, attributes the dropping of the subpoena to the support she received from media groups, including the Society for Professional Journalists. (Phelan)

Student journalist

STAFF OF THE LOWELL


The 2006 school year got off to a rough start for Lowell High School, one of the top-ranked public high schools in the country and certainly San Francisco’s finest. The school’s award-winning student newspaper the Lowell was covering it all.

After the October issue went to press, the school’s two journalism classes, which are solely responsible for writing and editing content for the monthly paper, received a visit from the school’s interim principal, Amy Hansen. Though Hansen says there was no attempt to censor the paper and the classes agree that no prior review was requested when it appeared that the students would be covering some controversial stories, the principal questioned their motivations as journalists and asked them to consider a number of complicated scenarios designed to make them second-guess their roles as reporters. The principal told the student journalists they had a moral responsibility, not to turn out the news, but to turn in their sources and information.

In separate meetings with each journalism class, Hansen questioned them about when it was appropriate to lay aside the pen and paper in the name of the law. The students maintained that as journalists they are in the position to report what happens and not pass moral judgment. Additionally, their privileged position as information gatherers would be compromised if they revealed their sources.

The lectures from Hansen did not deter the journalism classes from their basic mission to cover school news as objectively and thoroughly as possible. Even when police were called in to question Megan Dickey, who was withholding the name of a source she’d used in a story about a tire slashing, she still refused to say what she knew. (Witherell)

Whistleblower

MARK KLEIN


Mark Klein knew there was something fishy going on when his boss at AT&T told him that a representative of the National Security Agency would be coming by to talk to one of the senior technicians. Klein was a union communications tech, one of the people who keep the phone company’s vast network going every day. The NSA visitor stopped by, and before long Klein learned that AT&T’s building on Folsom Street would have a private room that none of the union techs would be allowed to enter.

Klein kept his eyes open and learned enough from company memos to conclude that the government was using AT&T’s equipment to monitor the private communications of unsuspecting and mostly undeserving citizens. When he retired in May 2004, he took a stack of material with him — and when he read in the New York Times a year and half later that the NSA had indeed been spying on people, he decided to go public.

The 62-year-old East Bay resident had never been a whistleblower. "I didn’t even know where to begin," he told us. So he surfed the Web looking for civil liberties groups and wound up contacting the Electronic Frontier Foundation.

It was a perfect match: the EFF was about to file a landmark class-action lawsuit against AT&T charging the company with collaborating with the government to spy on ordinary citizens — and Klein’s evidence was a bombshell.

"Mark Klein is a true American hero," EFF lawyer Kurt Opsahl told us. "He has bravely come forward with information critical for proving AT&T’s involvement with the government’s invasive surveillance program."

Federal Judge Vaughn Walker has kept Klein’s written testimony under seal, but the EFF is trying to get it released to the public. The suit is moving forward. (Redmond)

SPJ-NorCal’s James Madison Awards dinner is March 13 at 5:30 p.m. at Biscuits and Blues, 401 Mason, SF. Tickets are $50 for members and $70 for the general public. For more information or to see if tickets are still available, contact Matthew Hirsch at (415) 749-5451 or mhirsch@alm.com.

James Madison Freedom of Information Award Winners

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The Society of Professional Journalists’ Northern California Chapter has been handing awards for 22 years to journalists, educators, public officials, and citizens who best exemplify the importance of open and accountable government and a free and diligent press. And every year the Guardian recognizes the winners and helps highlight the important issues that they raise for the Bay Area and beyond. Here are this year’s winners:

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


Three few years ago the Oakland Unified School District announced that, due to budget constraints, it was shutting down all the student-run newspapers in the district. Rowland "Reb" Rebele lives in Aptos, but he read about the shutdown in a San Francisco Chronicle column.

He picked up the phone, made some calls, and found out the situation was desperate and how much money was needed. He then wrote a check sufficient to resurrect the student newspapers for a year. Then he kept on writing checks to keep the papers going last year and again this year. This was typical of Rebele. No one asked him for help. He received virtually no acknowledgment for his gift. But his timely action turned the lights back on for fledgling newspapers that were out of money and, it seemed, out of luck.

Rebele is a First Amendment mensch (a description that James Madison, had he any familiarity with Yiddish, would have approved of). In his half century of publishing community newspapers that he owned and operated in Coalinga, Chula Vista, and Paradise in California and across the country, he was energetic, inspiring, and devoted to his readers and his communities, and a demon in pushing for open government and accountability. He pursued the same policies as a stalwart for half a century in the California Newspaper Publishers Association and as an activist president who brought key reforms and exceptional leaders to the organization.

Rebele has been a director of the California First Amendment Coalition for a decade. He quickly became the one truly indispensable member of the organization, pushing it, pulling it, holding it together, and cajoling it to broaden its activities because he felt the organization and its mission were vital.

He has also launched an innovative internship program at Stanford University. Rather than just give money to the school, he and his wife, Pat, created a program that has enabled dozens of students to get hands-on experience writing for real newspapers in California. Quietly and selflessly, Rebele has spent his newspaper career fighting the good fight for First Amendment and public interest principles. (Bruce B. Brugmann)

Beverly Kees Educator Award

ROBERT OVETZ


Art Institute of San Francisco instructor Robert Ovetz was fired after he criticized the administration for confiscating a magazine his students produced for his class last December.

Ovetz, who had taught at the institute for three years, told his students to create a "culturally critical" magazine as their final project for a cultural studies class he taught last fall. They produced a 36-page zine called Mute/Off.

Less than 24 hours after he and students distributed 500 copies of the magazine, which Ovetz printed with the institute’s copy machine, most were gone. Ovetz initially attributed their disappearance to popularity, but he soon learned from students that the administration of the school, which was purchased by Goldman Sachs and General Electric last year, had removed them from its campuses and even literally pulled them out of students’ hands.

"This is an example of how a corporation is not held accountable for upholding basic constitutional rights [to] free speech. This is a private company that’s operating as an institution of higher learning," Ovetz told the Guardian. "Its only interest is its bottom line, and its bottom line is profit."

Ovetz complained to the administration about vioutf8g the students’ freedom of speech and received his pink slip Dec. 20, 2006. Dean of Academic Affairs Caren Meghreblian told Ovetz the magazine possibly violated copyright law by reproducing corporate logos without permission and had grammatical errors. She also said a story in the magazine called "Homicide," about three white kids playing a video game as black gangsters, might be racist.

After Ovetz and students complained and the media reported the story, the administration allowed students to redistribute the magazines, but it still refuses to give Ovetz his job back. (Chris Albon)

To size up the magazine yourself, visit www.brandedmonkey.com/muteOffLowRes.pdf.

Citizen

RYAN MCKEE


The object of the California Public Records Act is to ensure the people’s right to know how their state and local governments are functioning. Newspapers are often the entities that test the limits and loopholes of the law. But in January 2006 an 18-year-old college student, Ryan McKee, undertook an audit of each of the 31 California state agencies that was the first of its kind. McKee tested how these agencies, which he personally visited, responded to simple requests to view and get copies of readily available public documents. The results revealed a disturbing pattern. Several agencies performed miserably, including the Department of Justice, which counsels and represents many other state agencies on the Public Records Act, and all of the agencies violated at least one aspect of the law. Common problems included asking for identification, making illegal charges, and taking longer than allowed to release information. McKee undertook the audit while volunteering for Californians Aware, a nonprofit where his father, Richard McKee, is president. A copy of the audit, including its results and grades, was sent to each agency to help it better understand and adjust to its responsibilities. (Sarah Phelan)

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


ANG Newspapers regional reporters Rebecca Vesely and Michele Marcucci are being honored for the series "Broken Homes" and their unflinching pursuit of public records that exposed negligent care administered to people with autism and other forms developmental disabilities. The series highlighted problems ranging from a lack of proper supervision to unlicensed officials working at health care facilities. Some of these offenses were then linked to patient deaths.

The award recognizes the daunting and tedious task that befell the journalists: 15 months of scouring thousands of hard-copy papers from dozens of sources that included licensing agencies, multiple law enforcement bureaus, and coroner’s offices. The results were entered into a database and cross-checked against other sources of information.

"It’s not like we work at the New York Times, where you can lock yourself in a room for a year. This is one-stop shopping here," Marcucci told the Guardian, noting that both reporters continued their daily beats while working on the project. The series was well received and helped prompt state officials to reinstate inspections of licensed facilities that had been eliminated due to budget cuts. (Christopher Jasmin)

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


Two reporters from the Sacramento Bee, Andrew McIntosh and John Hill, get Freedom of Information props for exposing the cronyism and the corruption of the California Highway Patrol.

The two wrote a series of articles detailing how the CHP violated state and department regulations in awarding contracts for items ranging from pistols to helicopters.

"The CHP spends hundreds of millions of dollars each year on equipment and goods," McIntosh told the Guardian. "That’s taxpayer money."

McIntosh said he and Hill took a systematic look at the department’s bidding process and found it was not competitive. The investigation led to the suspension of one officer, Gregory Williams, who the reporters found had awarded $600,000 worth of contracts to his daughter’s company for license plate scanning devices, $500,000 of which was canceled after the reporters exposed the scandal.

The reporters also found the CHP, which controls signature gathering at the Department of Motor Vehicles and other state buildings, denied more than 100 applications for permission to register voters or solicit signatures. Other stories pushed Senate majority leader Gloria Romero and Assemblymember Bonnie Garcia to call for a state audit of the CHP.

McIntosh told us the investigation showed "the CHP is not above public scrutiny or the law when it comes to business dealings." (Albon)

MEERA PAL, CONTRA COSTA TIMES


A good mayoral race isn’t really fun unless a bit of scandal emerges, like it did in Pleasanton two weeks before the November 2006 election.

Meera Pal decided to research the roots of a story that was handed to her by city council member Steve Brozosky, who was challenging incumbent mayor Jennifer Hosterman. Brozosky gave Pal e-mails his campaign treasurer obtained through open-records laws that showed Hosterman may have used her city e-mail account to solicit campaign donations and endorsements, a violation of state law.

But Pal went beyond Brozosky’s story and submitted her own public records requests for the city e-mail account of the mayor, as well as a year’s worth of e-mail from Brozosky and the three other council members.

Pal’s public records request revealed that Brozosky’s inbox was completely void of any e-mail, something neither he nor the city’s IT manager could explain. Brozosky is a computer expert who runs a company that vends city Web site software, so his technical expertise made the situation even more suspicious.

Investigations revealed it was just a setting on his computer that was inadvertently scrubbing the e-mail from the city’s server. Though both violations aren’t necessarily serious crimes, the race was close enough that dirt on either side could have had a profound impact on the outcome, and the results show 68,000 voters who were truly torn during the last two weeks before election day while Pal was reporting these stories. Hosterman eventually won by just 188 votes. (Amanda Witherell)

SUSAN SWARD, BILL WALLACE, ELIZABETH FERNANDEZ, AND SETH ROSENFELD, SAN FRANCISCO CHRONICLE


In the wake of 2003’s so-called Fajitagate police scandal — in which San Francisco officer Alex Fagan Jr. and others were accused of assaulting and then covering up their alleged vicious beating of innocent citizens — the San Francisco Chronicle uncovered records showing that Fagan’s short history on the force was marked by regular incidents of abusive behavior, the kind of records that should have served as a warning for the problems to come.

"We decided to take a look to see how common it was. And we spent a lot of time doing that," Steve Cook, the Chronicle editor of what became last year’s five-part "Use of Force" series, told the Guardian. The team used the Sunshine Ordinance to gather boxloads of records on use-of-force incidents, which it organized into a database that was then supplemented and cross-referenced with a wide variety of other public records, along with old-fashioned shoe leather reporting, all the while fighting through bureaucratic denials and delays.

Despite an embarrassing mislabeled photo on the first day of the series that served as fodder for attacks by the Police Department and Mayor’s Office, the series made clear that rogue cops were abusing their authority, totally unchecked by their supervisors. "We were proud of what we were able to show," Cook said. "We showed a department in need of some basic reforms."

The series helped spur the early intervention system that was recently approved by the Police Commission. It’s a good first step, but one criticized by the Chron and the Guardian for failing to include some key indicators used in other cities (see our editorial "Fix Early Warning for Cops," 2/28/07), something that Cook said requires ongoing vigilance by the press, to bring about needed reforms: "Only the news media is really going to accomplish this, if they stay with the story." (Steven T. Jones)

Legal counsel

DAVID GREENE


The First Amendment was never about money. Free speech is supposed to be free. But these days threats to the First Amendment are growing, more and more people who lack the resources of a major media outlet are in need of help — and there aren’t many places dedicated to offering that assistance, free.

That’s where David Greene and the First Amendment Project come in.

Since 1999, as a staff attorney and executive director, Greene has helped dozens of freelance journalists, students, nonprofit organizations, and independent media outlets protect and expand their free speech and open government rights.

The operation he runs is totally independent. That’s a key point in an era of massive media consolidation: when the Guardian sought earlier this year to find legal representation to force open the key records in a lawsuit over Dean Singleton’s local newspaper merger, we found that just about every local media law firm represented at least one of the parties to the case and thus was conflicted. The FAP was not.

Greene and the FAP have represented blogger Josh Wolf and freelancer Sarah Olson in landmark subpoena cases. Greene, with the American Civil Liberties Union of Northern California, wrote the amicus brief on behalf of noted literary artists in the California Supreme Court case In re George T., in which the court, relying heavily on the FAP brief, overturned the conviction of a juvenile who made threats to other students with a poem. And the struggle just goes on. The FAP is funded largely by private donations and always needs additional support.

"Unfortunately," Greene told us, "we have to turn away a lot more cases than we can take." (Tim Redmond)

News media

SAN JOSE MERCURY NEWS


After years of last-minute backroom deals at San Jose’s City Hall, things came to a head when the City Council rubber-stamped proposals to give a $4 million subsidy to the San Jose Grand Prix, $80 million for a stadium to keep the Earthquake soccer team from leaving town, and $45 million for new City Hall furniture.

Clearly, something had to give. But it was left to San Jose Mercury News editorial writers to push for transparent and accessible government and better enforcement of the state’s open government laws.

First they shamed the city, pointing out that "San Francisco, Oakland, even Milpitas have better public-access laws." Next they hammered then-mayor Ron Gonzales for saying that calls for more open government were "a bunch of nonsense." Then they printed guiding principles for a proposed sunshine ordinance that they’d developed in conjunction with the League of Women Voters and Mercury News attorney James Chadwick.

When city council member Chuck Reed was elected mayor on a platform of open government reforms, the paper still didn’t give up. Instead, it’s continuing to champion the need to bring more sunshine to San Jose and working with a community task force on breaking new ground, such as taping closed sessions so they can one day be made available when there’s no further need for secrecy.

Somehow the Merc also managed to pull off another amazing feat: the paper built public understanding of and support for sunshine along the way. (Phelan)

SAN MATEO COUNTY TIMES


When outbreaks of the highly contagious norovirus sprang up in a number of California counties, San Mateo County was among those hit. Public health officials, however, would not release the names of the facilities where numerous individuals became infected, citing concerns about privacy and not wanting to discourage facility managers from contacting health officials.

Nonetheless, the San Mateo County Times ran a series of reports on the outbreaks in the named and unnamed facilities. After publishing reports on unnamed facilities, the news staff began to receive phone calls from residents who wanted to know the names of the facilities. Times reporter Rebekah Gordon told us it became clear that the public wanted to know this information, and the paper fought the county’s secrecy.

Gordon learned that facilities are required by law to report outbreaks, regardless of the potential for media exposure. Times attorney Duffy Carolan sought out and won the disclosure of the names of four facilities.

"The county’s initial nondisclosure decision evoked public policy and public safety concerns at a very broad level, and nondisclosure would have had a very profound effect on the public’s ability to obtain information that affects their own health and safety. By persisting in the face of secrecy, the Times was able to establish a precedent and practice that will well serve to inform their readers in the future," Carolan told us.

The paper learned the outbreak was far more widespread than the county had admitted, finding 146 cases in six facilities. Gordon said, "The numbers were so much higher than we were ever led to believe." (Julie Park)

Online free speech

JOSH WOLF


Even as he sits inside the Federal Correctional Institute in Dublin, where he’s been denied on-camera and in-person interviews, jailed freelance journalist Josh Wolf manages to get out the message. Last month Wolf, who is imprisoned for refusing to give up video outtakes of a July 2005 anarchist protest in the Mission that turned violent, earned a place in the Guinness World Records for being the journalist to have served the longest jail term in US history for resisting a subpoena.

His thoughts on the agenda behind his incarceration were read at press conferences that day, reminding everyone of the importance of a free press. Meanwhile, Wolf has managed to continue operating his blog, www.joshwolf.net, by sending letters to family, friends, and fellow journalists, including those at the Guardian.

Wolf has also managed to create two other Web sites: www.mediafreedoms.net, which supports journalists’ resistance to government pressure, and www.prisonblogs.net, which allows prisoners to air thoughts and grievances. If Wolf can do all this from behind bars, imagine what he’ll do when he finally gets out. As Wolf would say, if we could only speak to him without reserving a phone interview 48 hours in advance: "Free press? Then free Josh Wolf!" (Phelan)

Public official

JOHN SARSFIELD


As district attorney for San Benito County, John Sarsfield upset the political applecart when he tried to prosecute the County Board of Supervisors for ignoring the Brown Act’s prohibitions on private communication and consensus building among board members on matters that involved employment decisions, personnel appeals, contracting, and land use–growth control issues.

His decision didn’t sit well in a county where battles over the future of the land have spawned Los Valientes, a secret society that has targeted slow-growth advocates and anyone who gets in its way — including believers in open government. So the board retaliated by defunding Sarsfield’s office, forcing the DA to file for a temporary restraining order against the board, the county administrative officer, and the county auditor, a countermove that kept his office operating and the investigation alive — until he lost his reelection bid to the board’s chosen candidate in January 2006.

One of Los Valientes’s targets, Mandy Rose, a Sierra Club member and slow-growth advocate, recalled how people on the outside warned Sarsfield what he was up against, "but he insisted on working within the system. It was what he believed in. Someone even said he was a Boy Scout."

For his efforts, Sarsfield’s life was turned into a living hell that cost him his dogs, his marriage, and eventually his job. But now, with this award, he gets some small recognition for fighting the good fight. And he has also been appointed special assistant inspector general within the Office of the Inspector General by Gov. Arnold Schwarzenegger. (Phelan)

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


Investigative reporter Lance Williams and sportswriter Mark Fainaru-Wada joined forces in 2003 to take on what became one of the biggest — and most controversial — local news stories of the past five years.

The investigation of the Burlingame-based Bay Area Laboratory Co-operative, better known as BALCO, and the larger scandal of widespread steroid use among baseball players was, the San Francisco Chronicle editors decided, too big for one reporter.

In fact, it turned out to be big enough for a series of stories, a book, and a legal battle that almost sent the two writers to federal prison. The duo admits today it was mostly the fear of getting scooped that drove them through the story’s dramatic rise.

"I’m a baseball fan in recovery," Williams told the Guardian. "I used to think I knew the sport. I didn’t have a clue about this stuff. I’m not kidding you. I had no idea how much a part of baseball steroids had become … that whole sort of seamy underside of the drug culture and the game. I just didn’t know it was like that, and I think most fans don’t either."

Although prosecutors seemed to be focusing on BALCO executives, everyone following the story wanted to know what witnesses — in this case top sports stars — told a federal grand jury investigating the company. The outfit had allegedly distributed undetectable steroids and other designer drugs to some of the world’s greatest athletes, including Giants slugger Barry Bonds, who is on his way to making history with a new home run record.

In 2003 the Chronicle published lurid details of the grand jury’s investigation based on notes Williams and Fainaru-Wada had obtained from court transcripts leaked by an anonymous source. Bonds denied knowingly taking any steroids, but prosecutors waved in the air documents allegedly confirming his regular use of substances banned by Major League Baseball.

Furious prosecutors launched an investigation into the leak of secret grand jury transcripts. The reporters were called on to testify but refused — and so joined two other reporters last year threatened with jail time for resisting subpoenas. A lawyer stepped forward last month and admitted leaking the documents, but Williams and Fainaru-Wada came dangerously close to landing in the same East Bay lockup where blogger Josh Wolf is held for refusing to cooperate with a federal grand jury.

The rash of recent attacks on reporters by federal prosecutors has First Amendment advocates up in arms. After all, no one’s going to leak crucial information if the courts can simply bulldoze the anonymity that journalists grant whistleblowers. Fainaru-Wada and Williams have since inspired a bipartisan proposal in Congress to protect journalists at the federal level (dozens of states already have variations of a shield law in place).

"People roll their eyes when you start talking about the First Amendment," Fainaru-Wada said. "But the First Amendment is not about the press, it’s about the public."

In addition to the James Madison Freedom of Information Award, Williams and Fainaru-Wada’s coverage of the BALCO stories earned them the prestigious George Polk Award. But the story took a dark, unexpected turn last month.

Defense attorney Troy Hellerman, who represented one of the BALCO executives, pleaded guilty Feb. 15 to contempt of court and obstruction of justice charges and could serve up to two years in prison for admitting he twice allowed Fainaru-Wada to take notes from the grand jury’s sealed transcripts.

Just as he was spilling details in 2004, Hellerman demanded that a judge dismiss charges against his client, complaining that the leaks prevented a fair trial. He even blamed the leaks on prosecutors. A deputy attorney general called the moves "an especially cynical abuse of our system of justice."

Media critics lashed out at Williams and Fainaru-Wada for exploiting the leaks before and after Hellerman moved for a dismissal. Among those attacking the Chron reporters were Slate editor Jack Shafer and Tim Rutten at the LA Times, who described the conduct as "sleazy and contemptible."

Williams and Fainaru-Wada today still won’t discuss specifics about their sources, but Williams said without the leaks, names of the athletes involved would have otherwise been kept secret by the government even though the grand jury’s original BALCO investigation was complete.

"The witnesses didn’t have any expectation of privacy or secrecy of any kind," he said. "They were going to be trial witnesses. It was in that context that our reporting got under way. I am sensitive to the need of an investigative grand jury to remain secret. And I’m respectful in general of the government’s secrecy concerns. But it’s not the reporter’s job to enforce that stuff." (G.W. Schulz)

SARAH OLSON


When Oakland freelance writer and radio journalist Sarah Olson stood up to the Army by resisting a subpoena to testify in the case of Iraq war resister First Lt. Ehren Watada, she faced felony charges as well as jail time. But Olson understood that testifying against a source would turn her into an investigative tool of the federal government and chill dissent nationwide. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist anymore," Olson told the Guardian.

She also objected to journalists being asked to participate in the prosecution of free speech. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime," Olson said. Watada, whom Olson interviewed, has been charged with missing a troop movement and conduct unbecoming an officer, because he publicly criticized President George W. Bush and his illegal Iraq War.

In the end, Army prosecutors dropped the subpoena once Watada agreed to stipulate that Olson’s reporting was accurate. Olson, for her part, attributes the dropping of the subpoena to the support she received from media groups, including the Society for Professional Journalists. (Phelan)

Student journalist

STAFF OF THE LOWELL


The 2006 school year got off to a rough start for Lowell High School, one of the top-ranked public high schools in the country and certainly San Francisco’s finest. The school’s award-winning student newspaper the Lowell was covering it all.

After the October issue went to press, the school’s two journalism classes, which are solely responsible for writing and editing content for the monthly paper, received a visit from the school’s interim principal, Amy Hansen. Though Hansen says there was no attempt to censor the paper and the classes agree that no prior review was requested when it appeared that the students would be covering some controversial stories, the principal questioned their motivations as journalists and asked them to consider a number of complicated scenarios designed to make them second-guess their roles as reporters. The principal told the student journalists they had a moral responsibility, not to turn out the news, but to turn in their sources and information.

In separate meetings with each journalism class, Hansen questioned them about when it was appropriate to lay aside the pen and paper in the name of the law. The students maintained that as journalists they are in the position to report what happens and not pass moral judgment. Additionally, their privileged position as information gatherers would be compromised if they revealed their sources.

The lectures from Hansen did not deter the journalism classes from their basic mission to cover school news as objectively and thoroughly as possible. Even when police were called in to question Megan Dickey, who was withholding the name of a source she’d used in a story about a tire slashing, she still refused to say what she knew. (Witherell)

Whistleblower

MARK KLEIN


Mark Klein knew there was something fishy going on when his boss at AT&T told him that a representative of the National Security Agency would be coming by to talk to one of the senior technicians. Klein was a union communications tech, one of the people who keep the phone company’s vast network going every day. The NSA visitor stopped by, and before long Klein learned that AT&T’s building on Folsom Street would have a private room that none of the union techs would be allowed to enter.

Klein kept his eyes open and learned enough from company memos to conclude that the government was using AT&T’s equipment to monitor the private communications of unsuspecting and mostly undeserving citizens. When he retired in May 2004, he took a stack of material with him — and when he read in the New York Times a year and half later that the NSA had indeed been spying on people, he decided to go public.

The 62-year-old East Bay resident had never been a whistleblower. "I didn’t even know where to begin," he told us. So he surfed the Web looking for civil liberties groups and wound up contacting the Electronic Frontier Foundation.

It was a perfect match: the EFF was about to file a landmark class-action lawsuit against AT&T charging the company with collaborating with the government to spy on ordinary citizens — and Klein’s evidence was a bombshell.

"Mark Klein is a true American hero," EFF lawyer Kurt Opsahl told us. "He has bravely come forward with information critical for proving AT&T’s involvement with the government’s invasive surveillance program."

Federal Judge Vaughn Walker has kept Klein’s written testimony under seal, but the EFF is trying to get it released to the public. The suit is moving forward. (Redmond)

SPJ-NorCal’s James Madison Awards dinner is March 13 at 5:30 p.m. at Biscuits and Blues, 401 Mason, SF. Tickets are $50 for members and $70 for the general public. For more information or to see if tickets are still available, contact Matthew Hirsch at (415) 749-5451 or mhirsch@alm.com.

Sunshine battles on three fronts

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EDITORIAL It’s been, to put it mildly, a terrible year for open government. The climate of secrecy in Washington, DC, has only increased: from clandestine spying on antiwar protesters to secretive immigration raids to a huge growth in document classification, the nation’s capital has shifted squarely into the dark ages. As G.W. Schulz reports ("100 Years of Secrets," page 22), there’s even an attempt in Congress to create a new official secrets act, with stiff criminal penalties for people who disclose information the government doesn’t want the public to know.

In California the governor has vetoed a public-records bill backed by all 120 legislators, and the State Supreme Court issued one of the worst rulings in its history, ensuring that virtually all police disciplinary records will forever be hidden from public view.

San Francisco has its problems too. The Sunshine Ordinance still has some significant loopholes — and as Amanda Witherell reports ("The Sunshine Posse," page 20), a cadre of sunshine activists is working overtime to try to force the city to comply with its own rules and to demand that electronic documents get the same treatment as paper records.

So there’s a lot of work to do. But the good news is that there are legislative and grassroots efforts on many fronts to turn the tide back. Some of the key points:

In Washington: The Coalition of Journalists for Open Government, along with other sunshine advocates, is pushing a bill by Sen. Patrick Leahy (D-Vt.) and Rep. John Cornyn (R-Texas) that would greatly strengthen the federal Freedom of Information Act. The bill would require federal agencies to expedite FOIA requests and allow requesters to seek attorney’s fees if the government forces them to go to court. The GOP-led Congress blocked it last year, and the Bush administration has always opposed it, but with the Democrats in control, it’s likely to get through both houses this spring.

Meanwhile, Sen. John Kyl (R-Ariz.) tried last month to push a bill that would impose criminal penalties for unauthorized leaking of government information. He’s backed off somewhat, but that threat remains. It’s crucial that San Franciscans contact Sen. Dianne Feinstein (who sits on the Judiciary Committee) and Speaker Nancy Pelosi to demand that the FOIA bill pass and that Kyl’s proposal die.

In Sacramento: Assemblymember Mark Leno has introduced a bill that would override the devastating Supreme Court decision on police records. The measure, AB 1648, would once again allow public access to information about the extent of police officer discipline and would permit agencies such as the San Francisco Police Commission to hold some disciplinary hearings in public. It’s a crucial bill; cloaking all discussion of problematic cops in a veil of secrecy undermines public trust in law enforcement, perpetuates poor management, and protects abusive officers. The legislature needs to pass it quickly. Leno has also reintroduced his Public Records Act reform bill, AB 1393, with a few amendments to address technical problems that the Governor’s Office claimed to have with last year’s bill. This time Gov. Arnold Schwarzenegger has no excuse not to sign it.

In San Francisco: It’s still far too hard for members of the public to get basic information from city departments. The Sunshine Ordinance Task Force needs to have the authority to mandate that agencies follow its decisions; an attempt to make that happen three years ago failed when the supervisors balked at empowering the sunshine panel. The task force lacks the full-time staffer mandated in the ordinance.

The task force should bring its proposals back to the board, and one of the supervisors needs to step up as an open-government advocate and bring that proposal back. If the task force had any teeth or if the Ethics Commission or district attorney would enforce the existing law, these battles wouldn’t be necessary. *

NOISE: Yum, indie branding means…

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Guardian staffer Joe Pennant was out and about for Noise Pop and ran smack into some free mochi ice cream at Bottom of the Hill – courtesy of the Ice Cream Man.

icecreamsmall.jpg

Who are these kind, mysterious strangers giving away sweets at all manner of shows? Marketing, promotions, branding, and advertising, naturally! The site says: “Ice Cream Man is a grassroots organization that combines the minds, hearts, skills, and resources of a growing team of adventurous individuals who refuse to adhere to the old business paradigm. We were those crazy and confused kids raised in the ’80s and ’90s with conflicting messages (“Just Say No” vs. “Just Do It”). We believe that right now is the best time in history. With the Internet we are not bound by the constraints of the modern media machine. We can break through all of the hypocrisy and create REAL connections with like-minded people…. The more money we can bring in the more ice cream we’ll be able to give away. To date the Ice Cream Crew has given away over 35,000 treats.”

Folks last saw ’em at Arthurfest. I saw him at Great American Music Hall during the Sebadoh show – and got a lovely organic Creamsicle-like bar for my trouble. Apparently they’re looking for a few good Ice Cream Men and Women too. Just, y’know, an FYI, duders.

FRIDAY

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March 2

film

Bugsy Malone

The year 1976 was special for Jodie Foster. When she wasn’t filming other movies, she and Chachi were making cinema history with Bugsy Malone, an all-kids gangster musical in which tommy guns fire custard bullets. Watching the film, directed by Alan Parker of Fame fame and with music by Paul Williams, should be nothing less than religious. The movie’s being shown as part of a “Midnites for Maniacs” underage Jodie Foster triple feature. Freaky Friday and Foxes precede it. (Jason Shamai)

11:59 p.m., $10
Castro Theatre
429 Castro, SF
(415) 621-6120
www.castrotheatre.com

event

WonderCon

Stressful work and family commitments have virtually killed our childlike sense of wonder. So as WonderCon, the Bay Area’s premiere comics convention, returns for the 21st year, feel free to be a kid again. Go on, spend your macchiato money on new comics, gush over your favorite artists, and catch new Frank Miller adaptation 300 and the related panel with director Zack Snyder. (Joshua Rotter)

Through Sun/4
Noon–7 p.m., $8–$15 (three-day pass, $20–$40)
Moscone Center South
747 Howard, SF
(415) 974-4000
www.comic-con.org

THURSDAY

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VISUAL ART

Carl de Keyzer

This year the co-op Magnum Photos, founded by Robert Capa and other war photographers, celebrates its 60th birthday. Magnum is still owned by its photodocumentarian members, such as Carl de Keyzer, who used a two-week stay in San Francisco during 2000 to shoot Fleet Week and the Pride parade. De Keyzer’s nine monographs include 2003’s Zona, a study of the bizarre realities presented by Siberian prison camps in the post-Soviet era, and 1992’s God, Inc., a Winnebago tour through the extremes of US Christianity during the Gulf War. This exhibition brings together selections from both books. (Johnny Ray Huston)

Through April 28
Tues.–Sat., 10:30 a.m.–5:30 p.m., free
Robert Koch Gallery
49 Geary, fifth floor, SF
(415) 421-0122
www.kochgallery.com

EVENT

“The Progressive Woman: Continuing Artistic and Self-Defining Work Beyond Your Twenties”

Can you really have it all? For Women’s History Month, the women at Bindlestiff Studios round up a group of female Filipino American artists for a discussion on how they balance career, self, art, and family as they progress into adulthood. The panel includes singer-songwriter Golda “Supernova” Sargento and Eliza Barrios from the performance and visual art group Mail Order Brides. All proceeds from the event will benefit its continued support of artists. (Elaine Santore)

8 p.m., $8
Bindlestiff Studios
505 Natoma, SF
(415) 255-0440
www.bindlestiffstudio.org

Pinkos, painters, and pansies

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› marke@sfbg.com

REVIEW Los Angeles has lately become quite a hot spot for queer studies scholars, their investigations slipping out of the Hollywood Babylon mode of starstruck speculation and into the lives of everyday Angelenos. In the wake of Lillian Faderman and Stuart Timmons’s well-received 2006 volume, Gay L.A.: A History of Sexual Outlaws, Power Politics, and Lipstick Lesbians (Basic Books), comes Daniel Hurewitz’s Bohemian Los Angeles and the Making of Modern Politics, an ambitious, fascinating attempt to show how Communists, postsurrealist artists, civil rights activists, and pre-gay "fairies" converged in the crucible of early 20th-century Silver Lake — then called Edendale — to create the modern notion of identity, in particular queer identity.

Bohemian Los Angeles is bookended by two extraordinary characters who made their home in Edendale: lauded vaudeville female impersonator Julian Eltinge and gay-rights giant Harry Hay. Both of these men had sex with other men, but they couldn’t have been more distant in their conception of their own identity. The idea of gayness, or the notion of a true inner self that relied on sexuality to achieve its public expression, was as alien to Eltinge and his time (the 1910s) as Grand Theft Auto. Despite the expensive stage gowns and fellatio, the otherwise macho Eltinge was enraged by the showy "cissies," dandies, and fairies who claimed to have "woman’s blood in them" and made up much of his fan base. For him and other prominent male-on-males, homosexuality was a private act that needed no community or publicity to ensure its satisfaction. Hay, who came to prominence 40 years later as the first official gay activist, was a different fish entirely. His Mattachine Society insisted that homosexuality was an underlying impulse knitting everyone who was "that way" into a kinship with a shared cause: civil rights.

Hurewitz’s project is to trace how Eltinge’s view gave way to Hay’s, how activity was transformed into identity and gay pride was born. To do this, he recounts the history of Edendale as one of transformative communities, paying close attention to the artists who gathered around guru Jack Zeitlin in the late 1920s and began exploring the idea of an inner essence that could be communicated through the arts. He looks at members of the Communist Party of Los Angeles who experimented in communal living in Edendale in the 1930s and, in the wake of World War II’s Zoot Suit Riots and Japanese internments, agitated for a notion of civil rights based on ethnic identity. And he tracks the growth of homosexual networks in LA, the prototypes of a community based on sexual desire.

All of these bohemian groups, Hurewitz argues, laid the groundwork for Hay’s and others’ ultimate politicization, their embrace of a sexual inner essence worthy of public declaration. A further inspiration was the steep uptick in homosexual arrests in the 1920s, as the city’s politicos seized on the notion of "degeneracy" as a moral-panic strategy. (One of Hurewitz’s fabulous insights is that the idea of degeneracy was once embraced by some homosexual men as a way to divorce their actions from their character.)

Many gays today feel exhausted by identity politics yet trapped in a ghetto of conformist sexual expression. Refreshingly, this sharply written, well-researched history brings to light some of the magically diverse, willfully perverse, and politically immersed foundations of who we are now. *

BOHEMIAN LOS ANGELES AND THE MAKING OF MODERN POLITICS

By Daniel Hurewitz

University of California Press

377 pages

$29.95

>

Steeped in controversy

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› a&eletters@sfbg.com

These days everyone is a gourmand, and caring about the earth is so cool it’s made even Al Gore popular. The time is ripe to give a fuck.

But all this focus on artisanal and organic products is complicated. What’s easiest for the consumer to understand isn’t always correct. Stickers can’t always be trusted. And — certified or not — nothing holds a candle to family tradition.

It’s true for tomatoes. It’s true for tangerines. And, according to Winnie Yu, director of Berkeley teahouse Teance, it’s especially true for tea.

That there is controversy or politics involved with tea is nothing new (Boston Tea Party, anyone?). But the most recent debates have centered around two primary issues: the practice of using lower quality teas in tea bags (versus loose leaves) and the consequences of labeling tea as organic.

But before we get into all that, first the basics.

CONFLICT BREWS


The beverage as we know it is said to have been discovered when tea leaves blew into the hot-water cup of early Chinese emperor Shen Nung. Cultivation started simply enough, under the fog on steep hills, where harvesters engaged in the art of fine plucking, or gently twisting the buds of Camellia sinensis at precisely the correct moment of the correct day. This knowledge was a biorhythm, pulsating in the bones, passed from one generation to the next.

But it wasn’t long before this Chinese medicinal crop changed everything. The British East India Co. — originally chartered for spice trade — spread opium through the region just to get its hands on the stuff. This bit of naughtiness made it the most powerful monopoly in the world, prompted wars, and left legions addicted to another intoxicating substance: tea.

Smuggling rings, high-society occasions, and ever-increasing taxes spiraled around the precious crop. The long journeys from China to Britain led to the glamour of clipper ship races, but below deck fighting the rats was another problem altogether. One piece of tea lore explains how cats were employed to catch the rats, and after an entire shipment of tea (already stale from the journey) was infused with cat piss, it was discovered that the pungent bergamot oil, popular at the time, masked this stench quite nicely. Earl Grey was born.

Next came Thomas Sullivan, New York tea merchant, good-time guy, and miser to the core, who decided to send some tea samples to faraway clients. Instead of packing his gifts in tins, as was common at the time, Mr. Tightwad decided to use some silk baggies he had lying around. The people who received these pouches assumed they were to dip them into boiling water and throw away the debris. Sullivan had unwittingly invented a no-mess solution to tea. The orders came pouring in. A few years later the Lipton tea bag was born.

BONES ABOUT BAGS


Eventually, it was learned that smaller pieces, or finings, brew more quickly than full leaves. But when leaves are broken into finings, the oils responsible for their taste evaporate. This leaves a bitterness that can only be countered with cream and sugar. And the tea farmers in China kept on keeping on, despite the series of near-triumphs, well-intentioned buffoonery, and colonial rebellion that resulted in the western side of the tea-drinking world forever asking, "One lump or two?"

According to tea connoisseurs, this is when the fine crop began its slide down the slippery slope into pure crap.

Far from an obsolete issue (or a localized one), bagged tea — both its quality and its form — has sparked a very modern worldwide debate.

In Sri Lanka as recently as Feb. 12, D.M. Jayaratne, newly appointed minister of plantation industries, instructed tea researchers and relevant authorities to investigate whether premium teas exported in bulk are being mixed with cheap tea.

And on the less quantifiable front, contemporary tea drinkers such as Yu consider bagged tea to have all the sophistication and allure of boxed wine. Properly enjoyed tea is not only an intoxicant but also an art. "It’s like music," Yu explains. "The notes have to be appreciated at their own time."

Tea bags pilfer quality by design, but something bigger may be lost between the staple and the tag: how about a bit of ceremony in a racing, relentless world?

"Tea is a spiritual product, as well as for consumption," says Yu, who has made it her mission to bring fine tea and tea education to the Bay Area. "It was a medicine for 2,000 years before it was a beverage."

Her Berkeley tearoom — a serene, beautiful environment flecked in copper and bamboo — allows you to connect with the leaves, the culture, the moment, and the community. "Drinking with 3,000 years of history, you don’t feel alone," Yu says.

THE ETHICS OF ORGANICS


Meanwhile, at the 40th annual World Ag Expo in the San Joaquin Valley in mid-February, cannons thundered, Rudolph Giuliani waxed poetic about alternative fuel, jets split seams into the sky, more than 100,000 people gathered from 57 nations, and a small group of farmers met to contemplate the agribusiness plunge into the emerging organic industry.

During a seminar with Ray Green, manager of the California Organic Program for the California Department of Food and Agriculture, these farmers had before them a daunting question: organic at what cost?

When it comes to tea, Yu has an answer. The cost is large: to consumers, who mistakenly think their certified-organic tea bag is superior to the noncertified (but tastier and ecofriendlier) independent variety, and to small farms, which have to compete with the certified giants.

Artisan tea shops such as Yu’s depend on strong bonds with small farmers. But most quality tea farms opt out of the bureaucratic mess of US Department of Agriculture organic certification because the fees are too high and the other costs are too great. For example, USDA certification can require land to lay barren for up to five years. According to Yu, it’s nonsense to ask a family farm to participate in such a thing. "These hillsides have had tea growing on them for hundreds of years," she says. "It is very precious to have a tea tree."

Many new farms are certified under European and Chinese regulations — which are both significantly stricter and cheaper than their United States counterpart — but still have to compete with big corporations willing to jump through the USDA hoops.

At his seminar Green said, "Some of the farmers that left conventional agriculture 10 years ago because they just couldn’t compete on economies of scale are now finding that the same companies they were in competition with 10 or 12 years ago are now competing against them in the organic sector."

Consumers want to choose certified products because they think they’re doing the right thing. But doing so doesn’t necessarily help anyone but the big corporations that can afford certification.

"Organic isn’t an issue if it’s always been organic," Yu says. "Fair trade is not an issue [for Teance] because we buy from family farms."

Yu works with family farms like the ones with representatives sifting through the advice and cautionary tales of the World Ag Expo, the farms wondering how to stay afloat in the wake of impossible competition. As their corporate counterparts lurk in low valleys, sifting the scraps of their mass harvest into nylon bags before slapping a USDA organic sticker on attractive packaging and trumpeting health consciousness to the uneducated consumer, the folks on the hill are still doing what they’ve always done.

It’s clear that as consumers become more informed, the demand for quality product increases. With this demand comes profit, red tape, and a departure from the salt-of-the-earth spirit that gave birth to the organic movement.

"The ritual is authentic, healthy, artful," Yu says. "You can’t find that in a tea bag."

So what is the San Francisco tea lover to do? At the very least, you can support your local gourmet tea peddlers. From Chez Panisse to El Farolito, the Bay Area is uniquely qualified to appreciate the culinary good stuff. We like it slow, whole, and artisanal, and fine teas deliver. *

TEANCE

1780 Fourth St., Berk.

(510) 524-2832

www.teance.com

FAR LEAVES TEA

2979 College, Berk.

(510) 665-9409

www.farleaves.com

IMPERIAL TEA COURT

1511 Shattuck, Berk.

(510) 540-8888

1411 Powell, SF

(415) 788-6080

1 Ferry Bldg., SF

(415) 544-9830.

www.imperialtea.com

MODERN TEA

602 Hayes, SF

(415) 626-5406

www.moderntea.com

SAMOVAR

498 Sanchez, SF

(415) 626-4700

730 Howard, SF

(415) 227-9400

www.samovartea.com

>

Ouroboros rising

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› a&eletters@sfbg.com

Never mind the ides of March, here comes year four of the Iraq War. Believe it or not, this whole illegal invasion-and-occupation business brought to you by the generally scary US government — that consortium of oil companies, political marionettes, neoconquerors, military wonks, and other capitalist heavies operating behind the flimflam of democracy and terror — is about to celebrate another birthday. (In various offstage boardrooms, we hear the muffled sound of champagne corks not so discreetly popping.)

It’s unclear how many people are still fooled by the flapdoodle spewing from the faces fronting for this enterprise. For most of us in the big Green Zone back home, questions about the Iraq War have moved decidedly into the cultural realm, where the conflict lingers and ferments like others before it in the atmosphere generated between the TV and the dinner table — or, more insidiously, in the mute wasteland of adolescent malaise, surrounded on all sides by a dysfunctional society in lofty denial of its serious penchant for destruction.

Although written in the aftermath of the Gulf War, that media-sanitized prequel to contemporary carnage, playwright Mickey Birnbaum’s Big Death and Little Death squarely occupies the latter territory. But suburban death metal–laced teenage angst is more than the terrain of Birnbaum’s sly and ferocious black comedy — now enjoying a feisty West Coast premiere by Crowded Fire — it’s a beachhead from which the play gleefully lays waste to the universe as a whole.

Birnbaum’s fully fledged two-act (originally intended as an opener for death metal bands) posits some distorted family values, amplified by the sublimated horrors of a world on fire. Its main characters are a brother and sister, Gary (Carter Chastain) and Kristi (Mandy Goldstone), two sympathetically screwed-up teenagers whose modest nuclear household (an evocative panorama of linoleum, Formica, and faded wallpaper in Chloe Short’s deceptively spare set design) is vaguely overseen by their father, a troubled Desert Storm vet (Lawrence Radecker). Since returning from the Gulf, Dad likes to take pictures of road accidents (your quiet, volatile type, in other words, wonderfully fashioned by Radecker as an opaque yet sympathetic psychopath in desert fatigues). Completing the picture for a time is Mom, or Dad’s unfaithful wife (Michele Levy), whose history of sexual indiscretion while her husband was off sauntering through hell comes tumbling out of her in a series of Tourette’s-like confessions.

In the role of a highly inadequate support circle are Gary’s friend Harley (Ben Freeman), an awkward adolescent with an ambivalent thing for his friend’s sister; Gary’s twisted guidance counselor, Miss Endor (Tonya Glanz), who invites him to a death metal concert before diving into a crank-fueled nihilist rant; and Gary’s inappropriate Uncle Jerry (Michael Barr), a Navy sailor who becomes even more inappropriate as the oxygen leaves the stranded sub from which he makes a farewell call.

When a litter of pups is carted off by a classic suburban tweaker (Barr) in exchange for a gun and a bag of drugs, one of the pups (Mick Mize, in a dog suit) is left behind somewhere to haunt the house and mind of the posttraumatic paterfamilias. This subplot is interspersed with scenes from a family car trip from hell and Kristi’s anorexic adolescent anguish as Gary ponders whether to go to city college or "destroy the universe." In the end, as the characters make love, war, art, and friends in no particular order, the second option looks increasingly enticing to our hero, if only to clear the way for something new.

Smartly staged by Sean Daniels (moonlighting from his position as associate artistic director at the California Shakespeare Theater), Big Death and Little Death speaks to this imploding universe loudly and affirmatively, forefingers and pinkies extended. In Birnbaum’s optimistic apocalypse, there’s a difference between the annihilation of the system and the creative destruction that envisions a new beginning on the horizon.

The umbilical link between big and little deaths brings to mind the Vietnam-era "little murders" in Jules Feiffer’s even more prescient black comedy of an American culture of self-destruction. One’s tempted to call Birnbaum’s play the Little Murders of our day.

But neither can really compete with the culture they so sharply critique nor prove as strange or fitting as the news of the dean of West Point ganging up with human rights activists, the FBI, and military in-terror-gators to chastise the creators of 24 for feeding US soldiers too many tantalizing torture techniques. Seems almost a chicken-and-egg problem at times, this relationship between big death in Iraq (and Afghanistan and beyond) and little death on the tube. It’s quite a food chain too, bringing to mind that serpent devouring its own tail. Come to think of it, Ouroboros would make an excellent name for a death metal band. *

BIG DEATH AND LITTLE DEATH

Through March 4

Wed.–Sat., 8 p.m.; Sun., 2 p.m.

Traveling Jewish Theatre

470 Florida, SF

(415) 439-2456

www.crowdedfire.org

>

Up on the roof

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During these past six lovely years of Bush and Cheney, one has become almost nostalgic about duels — the calling out of adversaries to settle matters of honor with pistols — even if one or both adversaries should hold high office. But the duel isn’t dead, of course; it’s just the pistols that are gone, replaced in many instances by fanged memoirs.

Walter Scheib and Roland Mesnier aren’t exactly Aaron Burr and Alexander Hamilton, but they are Washington, D.C., figures of recent vintage, they worked together, they plainly did not get along, and now each has published a book of reminiscences that does not flatter the other. Scheib was the White House chef from 1994 to 2005, and his book (with Andrew Friedman) is called White House Chef: Eleven Years, Two Presidents, One Kitchen (Wiley, $24.95); Mesnier was White House pastry chef from 1979 to 2004, and his memoir (with Christian Malard) is titled All the President’s Pastries: Twenty-five Years in the White House (Flammarion, $24.95).

Mesnier’s is the more unintentionally comic performance. He recounts history as a series of elaborate desserts served to the high and mighty. Scheib’s story, while briefer, carries greater significance, for he was hired by Hillary Rodham Clinton in 1994 to make the White House a setting for the best in American food and wine. He stayed on through the first term of George W. Bush, even as Hillary’s culinary revolution was chucked in favor of what Scheib calls "country club" cuisine: hot dogs, fish cooked to death, and lots of beef tenderloin.

Hillary turns out to be an unexpected point of convergence for this pair of kitchen antagonists. Both men respected and liked her, and Scheib, in particular, gives us a picture of a woman who, despite a rather icy public image, understood the broad and deep meanings of food, for human sociability and health as well as for the fate of the earth. Ronald Reagan might have made it his first order of presidential business to remove Jimmy Carter’s solar panels from the White House roof, but Scheib, with Hillary’s support, started growing organic vegetables up there. (Interesting factoid: far fewer insects are to be found several stories above ground, so the need for pest control in a rooftop garden is dramatically reduced.)

Memo to Hillary: if you make it, how about an organic rooftop garden and solar panels?

Paul Reidinger

› paulr@sfbg.com

It came from San Francisco

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› a&eletters@sfbg.com

Crazed sea lizard terrorizes Seoul! US military negligence spawns bloodthirsty mutant! Breaking news: beast came from San Francisco!

South Korean director Bong Joon-ho’s The Host is just a movie, so the red, white, and blue can’t really be blamed for unleashing a monster on his country’s populace. But Bong’s beast came to life in a part of San Francisco steeped in military history. Tucked away in the Presidio, amid old army barracks, tree-lined drives, and cutting-edge nonprofit facilities is the Orphanage, an upstart special effects company aiming to shape the future of film.

The Orphanage already had a number of high-profile projects under its belt when it eagerly took on The Host. It ended up with its defining achievement to date. When New York Times critic Manohla Dargis, writing from last year’s Cannes Film Festival, called Bong’s movie "the best film I’ve seen at this year’s [festival]," it quickly became the subject of rapturous buzz from all corners: erudite cinema journals, mainstream magazines, and blogs. One of the most consistent subjects of praise has been the movie’s creature. The horror site Bloody Disgusting calls its design "the most astounding part of the film … remarkable and incredibly ambitious … a cross between a dinosaur, a tremor, and a giant squid with giant teeth." Another site describes it as "some kind of aqua-lizard thing that looks as real as anything else in the frame." Bong deserves much of this praise, but he couldn’t have gotten it without the Orphanage, which has joined the long line of important F/X names to emerge from the Bay Area.

When George Lucas moved his F/X company, Industrial Light and Magic (ILM), to Marin in 1980, he made the Bay Area ground zero for film’s technological advances. Pixar and DreamWorks Animation SKG also call the region home, with home bases in Emeryville and Redwood City, respectively. Lucas relocated ILM to the Presidio in 1995, erecting a statue of Yoda to watch over the campus. Though meant to symbolize Lucas’s venerable legacy as an innovator and a maverick, the statue now carries connotations of a different sort: that of an elder accessible only to a select few.

The Orphanage was born of this legacy. Jonathan Rothbart, Stuart Maschwitz, and Scott Stewart — all ILM veterans — founded the company in 1999, landing Brian de Palma’s Mission to Mars as their first feature project. The Orphanage has worked on several of the biggest box office successes of the past few years, including Pirates of the Caribbean: Dead Man’s Chest, Superman Returns, and Harry Potter and the Goblet of Fire. But its partnership with a director on the fringe of the mainstream, Robert Rodriguez, has been its most enduring. The F/X house has worked on three of his features, most notably the "Yellow Bastard" section of Sin City, and is currently finishing Grindhouse, the filmmaker’s collaboration with Quentin Tarantino.

It’s this sense of partnership that prepared the Orphanage for its collaboration with Bong on The Host. Based on the success of his playfully wry 2003 thriller, Memories of Murder, the director received $10 million to make The Host, a budget quite large by Korean standards but extremely modest by Hollywood’s. Unschooled in CGI but knowing he needed animators, he shopped the film around to a number of companies. "Director Bong didn’t choose the Orphanage because of our creature experience; we didn’t really have a whole lot — almost none at all," Arin Finger, the film’s visual F/X producer, says. "[He] approached houses like ILM and the big giants, but what they were going to charge was way out of his budget" — Bong and his producers spent $3 million on the effects for the film — "so it was a great opportunity for us."

The Host is many things: a comedy-drama about a fractured family brought together by catastrophe, a political critique, a horror movie, a revenge tale. But above all it’s about a monster — and quite a monster. Equally capable of frightening grace and endearing clumsiness, the creature and its parts don’t resemble anything in the animal kingdom so much as everything in the animal kingdom: reptile, amphibian, fish, worm, monkey, and at least one bit of human anatomy. Having just dabbled in small-scale creature work with films such as Hellboy and Jeepers Creepers 2, the Orphanage accepted a daunting task when it agreed to animate Bong’s monster, the main character of his film. "We were kind of looking at this project as one where [we] could really develop a creature department," sequence supervisor Brian Kulig says. "On top of that, the creature is running around in darkness, in broad daylight, it’s on fire, it’s drooling, it’s in the rain, it’s swimming. Everything that could possibly happen to this creature pretty much did."

As Finger, Kulig, and fellow sequence supervisor Michael Spaw discuss their work on The Host, the interview site — a stately room just above the rest of the company’s creative team — gives a snapshot of the Orphanage in action. Its headquarters strongly resembles an older part of the Presidio’s history: an army intelligence bunker. Rows of people sit diligently at their computers, with only a sliver of natural light seeping through the occasional ground-level window. One gets the distinct impression that the company has expanded rapidly in recent years and may soon outgrow its home.

Much of this growth can be attributed to The Host and its creature team, whose mastermind was Kevin Rafferty, the visual F/X supervisor. Rafferty, another ILM veteran who has supervised the effects on numerous Hollywood blockbusters, spent much of The Host‘ s shoot on set with Bong and his crew. This level of on-set presence is rare in the F/X world, according to Finger, Kulig, and Spaw — all three of whom also logged hours in Seoul. Oftentimes, as Spaw put it, the F/X team "is only associated after principal photography is done, and you’re handed plates, and you make everything work. Actually being on set was an invaluable experience." When the trio speak about their time in Korea, they say Bong, the cast, and the crew were eager to collaborate, accessible and gracious in a way unknown in Hollywood, and game for whatever it took to capture a shot.

Having first dreamed up the idea for The Host in high school, Bong had the nature of his beast largely worked out in his head — a vision he articulated to the Orphanage during a two-week visit prior to the shoot. "Director Bong treated the creature like one of his actors. He worked with the animators one-on-one to dial in the expressions and emotions of the character," Finger says, the reference to "Director Bong" a sign of his and his cohorts’ reverence for the filmmaker. Spaw adds, "Director Bong made it clear to us that sure, you have this monster film, a horror film — or however you want to classify this rather interesting piece of cinema — but if you didn’t understand how [the creature] was thinking or how the real physical actors were reutf8g to it, it wouldn’t work."

For the movement of the monster, the Orphanage team used a variety of reference points, including Jurassic Park. But due to the unique nature of Bong’s creature, none was definitive. As Finger says, "You never see a dinosaur swinging by its tail." (The tail is one of the monster’s stronger physical traits, capable of grabbing people and allowing it to latch on to structures and hang in midair.)

Other touchstones in creating the monster — including walruses, crocodiles, and paraplegics — were less predictable. Footage of paraplegics in motion, for example, was useful because Bong and the Orphanage’s creation has just two legs at the very front of its long body. Though incredibly graceful in water, it is challenged on land, where it has a baby’s unpredictable sense of balance. "There is a shot when [it] is first kind of rampaging around in this park area along the Han River, and [it] stumbles and basically does a face-plant and kicks up some dust," Spaw says. "It’s great, really engaging the audience to believe that this thing is not perfect."

To create the CGI version of the monster, the Orphanage relied on a small clay model, or maquette, sculpted by the New Zealand F/X house Weta Digital (King Kong and the Lord of the Rings trilogy), which was constructed using a design that Bong commissioned from artist Chin Wei-chen. Bong had wanted the creature to be completely CGI, but when Rafferty realized there would be significant close-ups involving live actors and the creature, he petitioned for a live puppet as well.

Consequently, the Australian company John Cox Creature Workshop constructed a two-ton model of the beast’s head, a particularly complex piece of art. While the head as a whole resembles a nasty fish, the open mouth is bizarre and unique, as if a vagina had sprouted leathery butterfly wings adorned with spikes. The Orphanage had to adapt its animation to the Cox model, ensuring that the digital monster’s movements and characteristics matched those of the puppet. "We had to cater the animation process, which we normally don’t do — like how the creature’s mouth opens and closes," Kulig says. "The mouth alone had so many intricate parts."

One possible reason for The Host‘s success is that the Orphanage and Bong’s South Korean crew routinely defied convention throughout their collaboration. "It was amazing to watch how Director Bong’s mind worked," Kulig says. "He would react to CGI footage we already had and shoot all these shots that weren’t on the schedule. None of us could figure out what he was doing. But when we showed up the next day and saw the footage edited, it worked beautifully."

Constantly interacting with the Orphanage representatives on set, Bong also recorded daily videos for the SF team in which he critiqued footage projected on a wall behind him. He was adamant that the creature look ungainly and act awkwardly — like, as Kulig puts it, a "fish out of water." Both despite and because of its clumsiness, the creature wreaks considerable havoc on the residents of Seoul and, in particular, a few of the film’s main characters. In some cases the violence proved too great to use actual people. For these shots the Orphanage employed what it calls "digital doubles," or animated versions of the actors. But whenever possible Bong used his cast, who gamely submitted to a variety of miserable scenarios, including being pummeled by cushion-wielding men (stand-ins for the creature) and getting repeatedly dragged through the Han River.

As the South Korean film industry’s cachet has risen worldwide, coproductions with other countries have become more commonplace. The Host, the first major F/X film in Korean history, is also the first to employ a company with strong ties to Hollywood. Finger, Kulig, and Spaw describe an on-set camaraderie in which everyone was both intensely hardworking and jovial. "The opportunity to work with pretty much the most famous Korean actors out there was amazing," Finger says. "On a typical US blockbuster movie, that never happens — the actors are in their trailer and they’re off. We were drinking and singing karaoke with these guys after the shoot, and the director [and crew] as well."

At the center of everything, confident in his vision but eager to use the expertise of others, was Bong. F/X people are used to playing a secondary role as, to paraphrase Spaw, service providers whose job is to make pixels. But on this occasion, the Orphanage’s experience was different. "Every now and then, you have the opportunity to work in service of a great piece of art [that] wouldn’t be the same without your contribution," Spaw says. "That’s why you look to work with someone like Director Bong. Both sides have gotten something truly unique out of the experience." One unique reward: they’ve created the biggest box office hit ever in South Korea. Another: they’ve made a great movie that just might become a classic. *

More on The Host:

Cheryl Eddy’s review

Johnny Ray Huston on director Bong Joon-ho

A talk with Bong Joon-ho

Bong hits the mainstream

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› johnny@sfbg.com

When I first saw Bong [Joon-ho]’s new film, The Host … I recovered a long-dissolving hope for the future of movies…. I had heard about this Korean monster flick … but nothing had prepared me for the carnivalesque, politically acidic megaspectacle that unspooled, seducing me and the rest of the audience into a state of childlike rapture.

"Gogol in Seoul," by Gary Indiana, Artforum

To inspire "childlike rapture" in Gary Indiana, a wizened contender for the most truthfully caustic novelist and political commentator of our time, one must possess amazing powers as a filmmaker. Amazing powers — of imagination, societal observation, and colorful vérité-based pop symbolism — are exactly what Bong Joon-ho has, in measures that have grown in size and scope with each of his three features to date. Indiana’s recent cover essay on Bong marks the first time in years (if not ever) that a commercial film has taken over the cover of Artforum — just one sign of its subject’s imminent pop art impact. But while Indiana’s excellent piece draws upon Nikolay Gogol, Antonio Gramsci, post-Confucian history, and enthusiasm for the rich pleasures of contemporary South Korean film, it ignores one major stylistic source of The Host‘s ability to induce kidlike joy. With his latest film, Bong announces himself as the heir apparent to Steven Spielberg — an heir who replaces Spielberg’s reactionary tendencies with an acutely observant antiestablishment viewpoint.

It’s easy to see why Indiana would steer clear of citing the man who birthed E.T. He might consider Spielberg the epitome of the "Hollywood tripe" that had just about permanently driven him from movie theaters. If so, he has my sympathy. Within the strange world of film criticism, few phenomena have been more vexing than the penchant of elite East Coast and Hollywood-hooked critics to overlook Spielberg’s cornball antics and project all manner of philosophical profundity onto his flair for spectacle. Is it not fair to assert that, aside from passages of 2001’s A.I. and 2002’s Minority Report, Spielberg has failed to deliver on the promise of his ’70s and early-’80s megamarketable hits?

Filmmakers from outside the United States have a different appreciation of the Spielberg effect — that moment when the adult complexities of movies from the early ’70s gave way to blockbusters. A director such as Japan’s Kiyoshi Kurosawa would pinpoint that change as the moment in 1975 when Jaws generated lines all the way around now-extinct movie palaces. Clearly, from that film through the 1982 summer that brought E.T. and Poltergeist, Spielberg demonstrated a facility for pop imagery that was as potent as Andy Warhol’s, perhaps more resonant, and definitely more lucrative. Lost in his pop dynamism’s wake, however, were infinite degrees of human experience. A case could be made that Spielberg’s brand of humanism is in fact inhumane and in perfect lockstep with a society in which democracy is defined as capitalism.

An isolated viewing of Bong’s first film, the 2000 satire Barking Dogs Never Bite, wouldn’t suggest a predecessor to the young Spielberg. Only Bong’s gift for physical comedy and his eye for everyday pop iconography (such as photocopied missing dog posters) distinguish his debut from likable recent South Korean movies such as Take Care of My Cat, A Good Lawyer’s Wife, and Rules of Dating. Like those movies, Barking Dogs is more naturally multifaceted than Sundance indie drivel. The story line gives a wannabe professor a lesson in class struggle: rather than Marxist platitudes, Yoon-ju (Lee Sung-jae) learns from the street, or more accurately, the subterranean realm Bong often explores. Instead of The Host‘s marauding many-ton guppy, the movie’s beasts are canine and domestic. But there are clear hints of what’s to come in Bong’s career. The director’s eye for bright yellow symbolism and affinity for characters who work in cramped Kwik-E-Marts and offices are already apparent. A shot of a row of cement walls within the basement of the movie’s apartment building will be echoed in The Host by an eerie, signature glimpse of the creature distending its lassolike tail under a bridge to go for another murderous dip.

"Nobody in this country follows rules since the liberation," one character proclaims in Barking Dogs Never Bite, but Bong’s 2003 fact-based follow-up, Memories of Murder, shows that the era of Chun Doo-wan’s dictatorship was certainly no better — equipped with siren calls and an endless variety of misused police force, it’s the perfect oppressive backdrop for South Korea’s first serial killer. Memories seems to obey every basic conceit of serial killer suspense films while enriching and subverting the genre. (The smartest character is a briefly glimpsed female detective whose insight is ignored by the warring male leads.) When Memories had its first SF engagement in 2004, I praised Bong’s ability to fashion a thriller into a societal and political indictment, even likening it to M. At the time I wondered if such praise was too lavish, but now I only regret not noting the influence of the aforementioned Kurosawa, whom Bong has cited as one contemporary. Kurosawa’s peak efforts, 1997’s Cure and the 2001 Japanese version of Pulse, don’t strive for or possess the pop appeal of Bong’s work, but Bong has learned plenty from their maker’s keen critical knowledge of film history — and contemporary madness. Memories is also the first time he proves commercial strictures can be trampoline flexible in terms of revealing individual and group character.

The Host is the Spielberg movie that Spielberg never made, the one where E.T. and the shark from Jaws are fused together into a rampaging tragicomic beast that doubles as an entire country and even a globe overrun by the toxins of US military paranoia. (It’s also a perfect antidote to War of the Worlds‘ abundant US-centric phoniness.) Each member of the film’s core ragtag family, including Bong regulars such as the always endearing Bae Du-na (from Barking Dogs) and the less famous, underrated Park Hae-il (hauntingly fierce in Memories and better in Park Chan-ok’s Jealousy Is My Middle Name), is as nuanced as Homer Simpson–esque protagonist Park Gang-du (Song Kang-ho), who undergoes wild tortures because he refuses to stop telling the truth. The anarchic hilarity and horror of the creature’s first rampage in The Host are more than matched by Park’s family, whose grieving turns slapstick in an uproarious follow-up scene. One suspects Bong has as many tales as The Host‘s creature has tails. This convert can’t wait to see more of them. *

AN EVENING WITH BONG JOON-HO

Mon/5, 6:30 p.m. Memories of Murder; 9:45 p.m. Barking Dogs Never Bite; $9–$11

Clay Theatre

2261 Fillmore, SF

(415) 267-4893

www.sffs.org

>

The Wild, Wild West

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› amanda@sfbg.com

As a production assistant for a visual effects studio, Robert Seeley had a job at the Orphanage that was nuts and bolts for the movie industry — handling paperwork, overseeing schedules, arranging deliveries, and making sure folks were fed, clients were happy, and many of the million little logistics for a film project were coordinated.

His days began with an hour-long commute from Pleasant Hill to the Presidio, where the Orphanage is based. Mornings started around 9, and the typical workday ran about 10 hours. Or it did when he started there, in July 2006.

"There was a snowball effect. It started out as a regular 10-hour workday. It slowly built to 12, then 16," Seeley told the Guardian.

At one point, Seeley charges, he was asked to work a 20-hour shift — and return to work two and a half hours later. When he didn’t come in, he was fired.

Seeley sued, and the case was eventually settled. But along the way, the lawyers for the Orphanage raised a startling argument: since the Presidio is a federal enclave, they said, California labor law, which restricts the length of shifts, doesn’t apply.

"This was a really straightforward, meat and potatoes case," Seeley’s lawyer, Steve Sommers, told the Guardian. "And if he worked across the street, it would have been a slam dunk."

If the legal argument advanced by the studio as a response to Seeley’s lawsuit is right — and some labor experts say it may very well be — then none of the private companies that lease space at the Presidio have to follow any state or local labor laws. That means no California or San Francisco minimum wage, no workplace safety statutes, nothing. And since state law is generally far tougher than federal law, the difference could be profound.

There are hundreds of people working for private companies in the Presidio, which operates under a unique arrangement that allows private, commercial development in a national park.

Federal regulations are almost always weaker than California’s — and not necessarily improving. "Federal laws are evolving backwards for the most part," said Katie Quan, associate chair for Labor Research and Education at UC Berkeley. "There have been attempts to weaken benefits, Social Security, who can and can’t join unions. Even the new minimum wage that’s been passed — there’s a big question as to whether or not [George W.] Bush will sign it."

While California’s minimum wage is $7.50 and San Francisco’s is $9.14, the federal hourly rate is currently $5.15 — and arguably the only one that applies in the Presidio.

Several employment lawyers contacted by us initially suggested that California’s labor statutes would have to apply in the Presidio, but Chris Cannon, a lawyer familiar with the situation, did not.

"I’ve gotten a lot of people acquitted on a criminal basis applying that same validity," he said of the cases the Orphanage’s lawyers used to back up their argument. "It’s like a little piece of Nevada here in California."

Cannon has litigated several cases in the Presidio, most notably on the controversial issue of where and when dogs can be off leash. "Given the history of the Presidio, I think there’s a very good argument that California laws don’t apply."

It’s easy to extrapolate that nothing that’s been passed in Sacramento or at City Hall would apply to the Presidio, including the recent universal health care plan passed by the Board of Supervisors and the paid sick-leave that voters approved.

The upshot: the author of the bill establishing the Presidio park, House Speaker Nancy Pelosi, who is a big favorite of organized labor, may have created a place where private employers can freely flout state and local laws designed to protect workers.

Lieutenant Jeff Wasserman of the US Park Police, which has exclusive jurisdiction over the Presidio, said, "We only have to follow federal laws. However, the US attorney has in the past asked us to adhere to state laws simply because they think it’s the right thing to do."

One of Wasserman’s examples involved a California law that speed limits may only be adjusted based on recommendations from a traffic engineer, which was established to prevent cops from setting speed traps. To Wasserman’s knowledge, California is the only state with this restriction, and it’s been extended to the Presidio. "The US Attorney felt that it was fair that if the surrounding streets followed it, we should too." He added that juvenile arrests in the Presidio have also stood up in local courts because the federal laws are so weak in that regard.

Two dozen companies contacted by us were asked questions regarding employment protocol, and all said they paid San Francisco’s minimum wage or better and insisted they followed both federal and state labor laws. The largest employer in the Presidio, LucasFilm, did not respond to the questions.

Carsten Sorensen, CEO of the Orphanage, said, "We follow the letter of the law. We were told by our attorneys, being in the Presidio, we fall under the federal labor law."

He did say, "Of course we want our employees to be safe and do whatever we can to make sure that happens. There’s no chronic issue of people who are dissatisfied with the working conditions."

But in responding to the lawsuit, his company didn’t even try to defend its practices. Instead, Judith Droz Keyes, a lawyer with the firm Davis Wright Tremaine, argued in a Jan. 24 letter that "California has no jurisdiction either to legislate or enforce its laws within the federal enclave. The fact that the Orphanage is a private company leasing space within the Presidio makes no difference."

The Presidio Trust — the semiprivate agency that manages the park — did not respond to requests for comment, and it’s unclear how the outfit treats its own workers. Discrimination based on sexual orientation, for example, is not a part of the federal Equal Employment Opportunity laws, but it is a part of California’s, and even the Presidio Trust’s own personnel manual mandates it.

To require anything definitive and absolute would take an act of Congress to mandate the Presidio adhere to state or local ordinances. We tried to reach Pelosi’s office to ask about it, but she didn’t return our calls.

In the meantime, Sommers said, "The Presidio Trust could insist that all vendors abide by California state labor laws. Then large employers in the Presidio would have to treat their workers like citizens of California." *

TUESDAY

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Feb. 27

THEATER

One-Man Star Wars Trilogy

Is the pop culture power of Star Wars strong enough to withstand sacrilegious tinkering and soulless prequels? Charles Ross – who must hear the cantina theme in his dreams – banks on it with his One-Man Star Wars Trilogy, a fast-paced homage to the flicks that launched a million Jedi fantasies. Not only does the Canadian actor play all the parts, he also sneaks in obscurities for the diehards – so check your transmitter, TK-421. (Cheryl Eddy)

Through March 11
Tues.-Sat., 8 p.m. (also Sat, 5 p.m.); Sun, 3 p.m.; $37-$47
Post Street Theatre
450 Post, second floor, SF
(415) 771-6900
www.poststreettheatre.com

EVENT

Samba Samba!

Celebrate Black History Month with the sounds of samba. Ages four and up are welcome, so if you’re sick of hearing your little one pound on pots and pans, get down to the library and listen to them bang on an actual drum for once. (Duncan Scott Davidson)

Oakland Main Library
125 14th St., Children’s Room, Oakl.
(510) 238-3615

THURSDAY

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Feb. 22

EVENT

Max Wolf Valerio

From real-lifers Christine Jorgensen to cinematic renderings in Transamerica, male-to-female transsexuals have long been visible, while female-to-males get lost in the woodwork. One notable exception is SF trans poet Max Wolf Valerio, friend of Allen Ginsberg, inspiration to Adrienne Rich, and author of the critically acclaimed 1984 poetry collection Animal Magnetism. Valerio will discuss his growing sense of power and privilege post-transition as he reads from his new autobiography, The Testosterone Files: My Hormonal and Social Transformation from Female to Male. (Joshua Rotter)

7:30 p.m., free
Books Inc., Castro
2275 Market, SF
(415) 864-6777
www.booksinc.net

VISUAL ART

“Erotic Legacies”

Prior to the GayVN Awards’ opening reception of manscaped muscle studs and the men who film them, the GLBT Historical Society will shed some light on the history of nonheterosexual smut. From full-monty beefcake pinups to original editions of Straight to Hell, the society is offering a mini-exhibit of some of its juiciest and most salacious holdings, along with accompanying porn-oriented tours of its well-appointed archives. (Matt Sussman)

6-7:30 p.m., free
GLBT Historical Society
657 Mission, SF
(415) 777-5455
www.glbthistory.org

Noise Pop: Cats have nine lives

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Few numbers are as loaded as three. From the Holy Trinity to the three main spiritual channels in our bodies described by kabbalists and yogis alike, spiritual triads exist alongside musical forms of threeness: the exponential sound of the power trio, great albums named III, and, indeed, Loudon Wainwright III.

The trio Sebadoh, early harbingers of indie rock, had their own III back in 1991, trading off instruments and artistic wills to make 23 wonderfully unpredictable tracks of folk-core meanderings and spastic noise rock shape-shifting. It’s pretty much universally acknowledged that this record rocked in ways previously unknown. But what really went on between the three original members, Eric Gaffney, Lou Barlow, and Jason Loewenstein? They had all gone on to solo careers before announcing last year both the reissue of III on Domino and a gig at the Great American Music Hall for Noise Pop, an early stop on the Sebadoh "reunion" tour from the West Coast to Toronto and back again.

But Sebadoh’s members aren’t surprised to find themselves together again. "Sebadoh have never reissued anything," Barlow said recently on the phone from his house in Los Angeles, while his young daughter seemed to be taking a noise rock solo in the background. "I think Pavement were reissuing things within two years of being together. The question is, actually, why didn’t we ever reissue things before?"

The new III is fantastic, complete with a bonus disc including the prescient Gimme Indie Rock! EP, the original four-track demo of "The Freed Pig," and "Showtape ’91," a noise and word collage that’s a flashback to the original supporting tour for III. The reissue process was typically strenuous but also cathartic. It was partly to deal with Homestead Records, the album’s original label, Gaffney explained in a recent e-mail. "Signing to Homestead turned out to be a bad idea, so years later I filed a lawsuit … to try to get paid and get the masters back."

Sebadoh never got them back. So how did a reissue happen? "We worked on the bonus disc, and then it was remastered at Abbey Road from a store-bought III CD and the vinyl," Gaffney wrote. "I found a lot of old band tapes for the ‘bonus’ CD. Good stuff."

Barlow agreed, sort of. "A few years ago, Eric and I had an e-mail conversation … an e-mail war … where we just basically went point-by-point through every misunderstanding we had between us, and it all culminated in the reissue. I really just kind of had to let Eric choose what went on the extras disc. But it was totally worth it just to get the record out." They both got what they needed out of the process, Barlow said. "And then it just kind of came up that, well, I guess we could play some shows. Let’s up the ante here! What’s the next logical challenge?" III is an important Sebadoh disc partly because the clash of wills and styles made the music sound so driven. If their accomplished solo projects are any indication, the tour should rock hard and sweet, and that’s all that matters. They plan to play off the crowd, Barlow said, and sets may include material from any time in Sebadoh’s history. "It’s when we get lost in the moment and enjoy the music and drop the phony power plays, that’s when it’s happening," wrote Gaffney, who lives and breathes right here in San Francisco. In other words, the third time — Sebadoh with Gaffney, without, and now again with — is a charm. (Ari Messer)

SEBADOH

With the Bent Mustache, Love of Diagrams, and the New Trust

Feb. 28, 8 p.m., $18–$20

Great American Music Hall

859 O’Farrell, SF

(415) 885-0750

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Views of Iwo Jima

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› a&eletters@sfbg.com

Clint Eastwood’s Letters from Iwo Jima has been met with near-unanimous stateside praise for its humanistic portrayal of the infamous 1945 battle. It became the first film primarily in the Japanese language to be nominated for a Best Picture Oscar — on Feb. 25 it vies for an Academy Award in that category and three others. Eastwood himself has called it a "Japanese film." But how have Japanese audiences and critics responded?

There’s been a spate of Hollywood productions set in Japan in recent years — Lost in Translation, The Last Samurai, Memoirs of a Geisha, The Fast and the Furious: Tokyo Drift, to name a few. Each film scored various degrees of commercial success in the United States, but most Japanese audiences agreed that the portrayals of Japanese ranged from well-meaning but a little bit off to downright offensive. With the exception of The Last Samurai, which rode Tom Cruise’s popularity, none performed particularly well at the Japanese box office.

Letters was met with considerable anticipation as soon as the production was announced. Word spread that Eastwood was considering having a Japanese filmmaker direct the project. (He reportedly muttered, "Akira Kurosawa would’ve been perfect.") Once it was confirmed that Eastwood would be taking the helm himself, there were equal amounts of excitement and skepticism. In Japan, Eastwood had been one of the most highly regarded American filmmakers for many years, particularly after Unforgiven, whose fresh treatment of the western genre resonated with samurai movie fans. Yet given the track record of American directors taking on Japan, some suspicion was inevitable.

Letters‘ companion piece, Flags of Our Fathers, opened first, to generally rave reviews, with solid if unspectacular box office numbers. Letters made its world premiere in Tokyo on Nov. 15, 2006, and opened theatrically Dec. 9, 11 days ahead of the US release. To date it’s grossed more than $41 million in Japan (and still going strong), as opposed to a mere $10 million in the US, despite the Oscar nomination and the praise heaped on the film. (Flags, by comparison, grossed $33 million here and $29 million in Japan.) Pop star Kazunari Ninomiya, one of the notable cast members, helped draw a younger audience, many of whom reported having been averse to war movies until taking the leap with this film.

A quick survey of published reviews and blogs in Japan indicated that critics and audiences alike have responded with extremely, if not unanimously, positive comments. Historians have indicated that with the exception of some minor inaccuracies, the film is well researched and essentially true to the events that occurred, while film reviewers have already anointed it a masterpiece for our times. Here’s a sampling of some comments found:

"If one were to see this film without any prior knowledge of its director or production team, there would be no reason to believe this isn’t a bona fide Japanese film."

"When the two films are seen together, there’s a chemical reaction that’s never before seen in the history of cinema."

"Seeing the American soldiers fill the beach, I’d wonder if Doc [from Flags] is somewhere in that crowd. That’s when I realized the effect that seeing both films can have."

"Japanese American writer Iris Yamashita deserves tremendous praise for the incredible detail with which she depicts what is, for her, essentially a foreign story."

"My generation grew up watching films that showed the ugliness and cruelty of Japanese Imperial soldiers, so I didn’t know how to respond to seeing such proud and beautiful Japanese soldiers in Letters."

To be sure, some have also pointed out blemishes. Chief among them is lead Ninomiya’s all-too-modern speech, which for some Japanese viewers sticks out awkwardly from an otherwise well-executed deployment of the language used during World War II. Cast members Tsuyoshi Ihara and Ryo Kase (who delivers the finest, most underrated performance in the film as the former military police officer Shimizu) have mentioned in interviews that the tight time frame from casting to filming prevented them from being fully prepared for their period-specific roles, and they admit details of the era were missed. Many of the cast members reportedly crowded inside Ihara’s hotel room to watch a DVD demonstrating proper Imperial soldier salutes.

That said, those same actors praise Eastwood for keeping his eye on the big picture and focusing more on the characters’ emotions than the period details. They also give him credit for being extremely open to ideas from the cast. "He’s always standing next to the actors," Kase says. "And if we suggest trying something different, he would always say, ‘OK, let’s try it.’ " Ken Watanabe is said to have personally taken on the task of adjusting the translated dialogue on set to sound more natural and accurate.

It’s not surprising, then, that one of the most often heard comments from Japanese viewers was the following: "Tough to admit, but this is a more Japanese film than even a Japanese director might create." More than a few critics and bloggers have pointed out their mixed feelings that such a remarkable "Japanese film" was made by an American filmmaker. The comments range from expressions of frustration and embarrassment — "Why couldn’t this masterpiece of a portrait about the Japanese experience have been made in Japan?" — to one of gratitude: "The film was made possible only because of an outside perspective like Eastwood’s."

The comments are similar to those I heard while traveling to Japan five times during the past two years as a coproducer of the new HBO documentary White Light/Black Rain, directed by Steven Okazaki. We were there to shoot interviews with survivors of the atomic bombings of Hiroshima and Nagasaki. Many documentaries — both in Japan and the US — have tackled the subject before, but surprisingly few have focused on the stories of survivors. Filmmakers, peace activists, and survivors all expressed appreciation for our endeavors but admitted embarrassment that an American production was taking on the important duty.

Indeed, many seem to concede the Japanese film industry is currently incapable of producing films like Letters or White Light that dare to expose the horrific consequences of war. The increasingly conservative society has seen a recent surge in the movement to remove Article 9 of the Constitution, which forbids the nation from maintaining an army, navy, or air force. Reflecting the growing nationalism and the call for remilitarization, recent Japanese blockbusters such as Aegis, Yamato, and Lorelei depict the Japanese military defending the nation in war or against terrorism, though they stop just short of glorifying battle. Even warriors from a different age — the samurai — appear to be gaining in onscreen popularity once again.

In this climate, Letters appears to have had a cathartic effect on the Japanese audience. What many had felt yet couldn’t fully voice, the film spoke loud and clear. Though the awareness of the Pacific War had been waning among the younger generations, the success of the film has spawned new books and TV documentaries renewing interest in the period and sending people rushing to try to visit Iwo Jima. (Because of the US military presence on the island, access is extremely limited.) Most important, Eastwood’s dual-film concept has more than accomplished its objective of offering a perspective from both sides of the battle. Japanese reviews of Flags often mentioned some degree of surprise at seeing the hardships encountered by American soldiers during the war and their ability to emotionally identify with the American characters. And Letters, in turn, has been embraced in Japan. As one blogger wrote, "That the film’s creators broke down the walls of race and language to make this film that has moved so many people on both sides may be the best response to war yet." *

LETTERS FROM IWO JIMA

Now playing in Bay Area theaters

For a discussion between Taro Goto and director Kiyoshi Kurosawa about Letters from Iwo Jima and the films of Clint Eastwood, please go to Pixel Vision at www.sfbg.com/blogs/pixel_vision.

The next mad rush to the sky

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EDITORIAL For much of the history of this newspaper, the battle to keep San Francisco from turning into another Manhattan was a defining element in local politics. It had all the makings of urban drama: shifty-eyed developers looking to make a fast buck, sleazy politicians willing to bend over in any direction for campaign cash, a corporate power structure devoted to greasing the path for unlimited growth, citizen activists revolting over the block-by-block destruction of their neighborhoods … all played out on the stage of one of the world’s greatest cities.

We watched while Joe Alioto moved forward with redevelopment south of Market and office buildings downtown in the early 1970s. We joined anti-high-rise activists twice in ballot measure campaigns to slow the building boom, without success. We saw Dianne Feinstein push through in just a few short years more new office space than in all of downtown Boston, an entire new city of glass and steel towers — and we helped promote the campaign to slow down with Proposition M in 1986.

We exposed the fundamental lies behind the developers’ arguments by demonstrating that intensive office development cost the city more in services than it provided in revenue, reporting on how the boom would drive up rents, choke the streets with traffic, overwhelm Muni, and create ugly canyons where there were once human-scale business districts.

Then we showed that all those new buildings weren’t even creating jobs.

In the 1990s we spoke out against the economic cleansing that came with the dot-com boom.

But of late, the development battles have shifted a bit. Progressives, who were once united against downtown growth, are a bit more slippery around the latest construction boom, because this time the massive skyscrapers are set to be filled not with corporate offices but with housing. And in San Francisco today, it seems difficult for almost anyone to be against new housing.

But it’s time to take a hard look at the new rush to the sky.

When the folks at the Planning Department talk about the new urban area that’s being discussed for South of Market, they use words such as "slender, graceful towers." The idea: high-rises aren’t that bad if they’re less bulky; that way, they don’t interfere with view corridors and don’t block out the sun. In fact, the way some planners are talking about these new buildings is almost rapturous — tall condo complexes, they say, will stop suburban sprawl, prevent global warming, create exciting new neighborhoods and public spaces, and give new definition to the city skyline.

But let’s look at what they’re really talking about here.

There are, at the moment, at least 11 new buildings either proposed, under construction, or in the planning pipeline in South of Market that would bust the city’s current height limits. (And those limits are hardly skimpy — in most areas they range from about 350 to 500 feet.) And that’s just the start: the Planning Department is moving quietly to substantially raise height limits in a broad swath of San Francisco, making way for the biggest high-rise rush since the 1980s.

If the move succeeds, the skyline will develop what the Planning Department calls a new "mound" south of downtown, anchored by at least one building 1,000 feet high (almost a third taller than the Transamerica Pyramid). A single slender tower is one thing; when you put more than a dozen (and they aren’t all slender) in a cluster, you get a wall — a wall that cuts the city off from the bay, shatters the natural topography of the area, and frankly, makes the city feel less like a community and more like a concrete jungle.

Just look at the picture on this page, part of a graphic presentation the city planning staff has put together. That hardly appears to be a few shapely structures. It’s a huge new conglomeration of New York–style high-rises, and they don’t fit in San Francisco.

And what’s the point of all this? The way the developers and their allies would have us think, this is all about solving the city’s housing crisis and creating vibrant new neighborhoods. But take a look at what sort of housing is being proposed here.

All the new high-rises the Planning Department is reviewing will contain what’s known as market-rate housing. That translates to condos selling for prices far beyond the reach of most San Franciscans. So far, not one developer has agreed to put a single unit of affordable housing in the new towers; all of them plan to meet the city’s demands for below-market units by building cheaper apartments somewhere else. The new neighborhoods are going to be nothing but very wealthy enclaves, the equivalent of vertical gated communities. Families who are being driven out of San Francisco by high housing costs won’t find refuge here; the housing is designed for singles, childless couples, retired people — and world travelers who want a nice San Francisco pied-à-terre.

Is this really the kind of new neighborhood the city ought to be creating?

Then there are the economics of this madness. Providing the infrastructure for all these new residents (and we’re talking more than 10,000 new residents in this one part of town alone) will be expensive — and if anyone really thinks that development fees will cover those costs, they haven’t paid attention to four decades of San Francisco budgets.

Environmentalists and urban planners these days love to talk about density, about building more residential spaces in urban cores. That’s the best alternative to suburban sprawl: Dense neighborhoods encourage transit use and walking. Housing near workplaces translates to less driving, less pollution, less congestion.

All of which is fine and actually makes sense. But density doesn’t have to mean 80-story buildings. North Beach, for example, is a very dense neighborhood, one of the densest urban areas in the United States. It’s also a wonderful neighborhood, with open space, friendly streets, and a human-scale feel.

And it’s a diverse neighborhood: everyone in North Beach isn’t young, single, and rich. There’s a mix of rental and owner-occupied housing and, despite years of brutal gentrification, still something of a demographic mix. It’s a place that feels like a neighborhood. This new conglomeration of high-rises won’t be.

If, indeed, San Francisco wants to add 10,000 or 20,000 or 30,000 new residents, they don’t have to live 1,000 feet above the ground. There are ways to do density — on perhaps a slightly less massive scale — that don’t impact on the views, skyline, and economics of the rest of the city.

But city officials need to ask some tough questions first. Why are we doing this? Are we rezoning South of Market to meet the needs of developers and high-profile architects, or is there a real urban plan here?

The answer seems alarmingly simple right now. Dean Macris, who led the Planning Department in those awful high-rise boom years under Feinstein, is at the helm again, and although he’s supposed to be an acting director, he shows no sign of leaving. The department is in full developer-support mode — and that has to end. The Planning Commission needs to hire a new director soon, someone who understands what a neighborhood-based planning vision is about.

Meanwhile, most of this new rezoning will have to come before the supervisors, and they need to start holding hearings now. This is a transformation that will be felt for decades; it’s sliding forward way too fast, with way too little oversight. And it needs to stop. *

Fox reports, Fox decides

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by Amanda Witherell

Last week we ran a story about a comic book called Addicted to War that’s been donated to San Francisco high schools. The book was written by a Johns Hopkins professor named Joel Andreas, and illustrates some of the less understood international conflicts the US has perpetrated. It’s completely unlike anything I studied in high school. (I went to one of the best high schools in the state of New Hampshire, was an honors history student, had 14 Bosnians as my peers when our school district offered them refuge from their war-torn country, and our approved texts barely mentioned the Cold War.)

Since Fox News ran a story about the book, the publisher, Frank Dorrel, has been getting some great mail recently, which he shared with us. One of my personal favorites: “It would [sic] a wonderful thing to see all of you Left Wing San Francisco whackos go up in one big mushroom cloud delivered by one of your terrorist friends. Hell, I would hang a medal on the terrorist bastard who nuked your ass.”

Yes, maybe the kids need more vitriol in the classrooms.

Or maybe not. On Feb. 15, the Lowell High School chapter of Revolution Youth staged an anti-war rally during school hours. Fox News, which already ran a segment questioning the validity of Addicted to War as an educational tool, was there to film the rally and aired the footage while discussing the comic book, seeming to subtly suggest its content was having immediate effects even though students have yet to receive the book. Bryan Ritter, adviser to the school’s newspaper The Lowell, which was also covering the rally, said one student reporter polled 74 other kids at the event on whether they’d heard about the comic book. Two had, and one had found out about it that day from Fox.

Fox’s coverage of the rally is a little tamer and more balanced than the original clip they aired on Feb. 14, which suggested the comic book had “ignited a firestorm.” The only evidence provided of said “firestorm” was a diatribe from Leo Lacayo, vice chair of the local Republican Party. The news anchor made mention that representatives from San Francisco’s School District had declined to appear on the show, but wouldn’t say why. Gentle Blythe, spokesperson for SFUSD, told us it was because “we decided we didn’t want to debate in that forum.”

Dorrel said he’s received 20 PayPal orders for the book as well as some requests for the DVDs he also publishes.

Fox reports, Fox decides

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0

by Amanda Witherell

Last week we ran a story about a comic book called Addicted to War that’s been donated to San Francisco high schools. The book was written by a Johns Hopkins professor named Joel Andreas, and illustrates some of the less understood international conflicts the US has perpetrated. It’s completely unlike anything I studied in high school. (I went to one of the best high schools in the state of New Hampshire, was an honors history student, had 14 Bosnians as my peers when our school district offered them refuge from their war-torn country, and our approved texts barely mentioned the Cold War.)

Since Fox News ran a story about the book, the publisher, Frank Dorrel, has been getting some great mail recently, which he shared with us. One of my personal favorites: “It would [sic] a wonderful thing to see all of you Left Wing San Francisco whackos go up in one big mushroom cloud delivered by one of your terrorist friends. Hell, I would hang a medal on the terrorist bastard who nuked your ass.”

Yes, maybe the kids need more vitriol in the classrooms.

Or maybe not. On Feb. 15, the Lowell High School chapter of Revolution Youth staged an anti-war rally during school hours. Fox News, which already ran a segment questioning the validity of Addicted to War as an educational tool, was there to film the rally and aired the footage while discussing the comic book, seeming to subtly suggest its content was having immediate effects even though students have yet to receive the book. Bryan Ritter, adviser to the school’s newspaper The Lowell, which was also covering the rally, said one student reporter polled 74 other kids at the event on whether they’d heard about the comic book. Two had, and one had found out about it that day from Fox.

Fox’s coverage of the rally is a little tamer and more balanced than the original clip they aired on Feb. 14, which suggested the comic book had “ignited a firestorm.” The only evidence provided of said “firestorm” was a diatribe from Leo Lacayo, vice chair of the local Republican Party. The news anchor made mention that representatives from San Francisco’s School District had declined to appear on the show, but wouldn’t say why. Gentle Blythe, spokesperson for SFUSD, told us it was because “we decided we didn’t want to debate in that forum.”

Dorrel said he’s received 20 PayPal orders for the book as well as some requests for the DVDs he also publishes.

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