Immigration

No May Day party for day laborers

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Power tools, light fixtures, house paint, lumber, immigration raids. You can find it all at Home Depot. While everyone else was celebrating the May Day holiday of international solidarity and workers’ rights, a group of undocumented workers were either sitting in jail waiting to hear if they’d be permitted to stay in the United States or they’d already been deported.

Last month, law enforcement officials including the Alameda County Sheriff’s Department and the federal Immigration and Control Enforcement bureau arrested several workers waiting for jobs in front of the Home Depot location on Ice House Terrace in Fremont.

“They detained many of us, leaving only a couple of us behind. From what we know, most of them were deported,” one worker told KCBS April 29.

Just before the holiday, immigration activists from La Raza Centro Legal, the Living Wage Coalition and other groups held a press conference to denounce the raids.

“These are human beings we’re talking about, workers who were simply trying to work and earn a living,” a La Raza organizer said in a prepared statement. “We’re going to find out what happened to them.”

NBC 11 reported that several weeks ago Home Depot called the Fremont Police Department complaining about workers loitering in front of the store and 13 people were eventually taken to the Santa Rita Jail because they could not be properly identified.

How Obama and Clinton split California

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We know that Barack Obama and Hillary Clinton basically split California, with the latter winning the popular vote by about 10 percentage points. But it’s interesting to look at how they split the Golden State using this map.

Clinton’s margin of victory seems to be counties with lots of Latino voters, which have been slow to warm to Obama. She posted her biggest numbers in the Central Valley counties of Stanislaus (60%), San Joaquin (58), Merced (59), Tulare (60), and Madera (56), and in the border county of Imperial (67).

Los Angeles Mayor Antonio Villaraigosa delivered his county for Clinton (55 to 41.5), but Mayor Gavin Newsom failed to do so in San Francisco, where Obama won by 8 points. The candidates split the Bay Area, with Alameda, Marin, and Sonoma counties joining SF in backing Obama and San Mateo, Santa Clara, Solano, and Contra Costa counties going for Clinton. Obama got Sacramento and Yolo counties, while Clinton took sprawling San Bernardino County by a large margin

Interestingly, coastal counties were more supportive of Obama, both on the liberal North Coast and more conservative San Luis Obispo and Santa Barbara counties. If there is one lesson to be learned, it is that Obama is going to have to make inroads with Latino voters, both in the primary and the main event if he gets there, particularly given John McCain’s reasonable immigration stance (as opposed to the hysterical and racist approaches of the other GOP contenders).

The Ron Paul phenomenon

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San Franciscans rarely get excited about Republican presidential candidates, and it’s rarer still to see GOP campaign signs in Mission District windows, beat-up old cars, or crowds of enthusiastic supporters flooding the city’s streets. But that’s what Ron Paul has been inspiring.

"I would give my entire net worth to see Ron Paul elected president," a man holding a "Ron Paul ’08" sign on the corner of Powell and Geary on Dec. 16 said. "I’ve never contributed to a candidate’s campaign in my life, but in the past months I’ve given about $600 or $700."

Paul’s frank assessment of the United States as an overreaching empire got his campaign rolling, and it has gathered serious momentum in the past couple of months, as evidenced by an increasing online presence and record-breaking fundraising for November and December. Paul’s essentially libertarian platform is attracting support from a surprisingly diverse range of people, from lifelong members of the National Rifle Association to medical marijuana activists to disenchanted college students.

Perhaps even more surprising, this Republican from Texas is generating significant support among Bay Area voters. "Ron Paul" signs are now visible at antiwar protests, on lawns, and in apartment windows. People who have never been politically active or have never felt excited by a candidate before are spending their free time tabling at weekend farmers markets and walking precincts after work in support of the candidate.

A recent recruit of the San Francisco Ron Paul meetup.com group, which is attracting new members daily, captured the fervor of Paul supporters with this posting: "I can’t believe my new hero is a politician. Never in my life have I encountered any political leader who actually represented me. This country needs Ron Paul desperately."

Despite their demographic diversity, one unifying theme among all Paul supporters is their absolute belief in their candidate’s integrity. He is perceived as a man who says what he thinks and takes action according to what he says; he is seen as a rare breed among politicians, especially those who, like Paul, have served several terms in Washington DC. "My gut tells me Ron Paul is different," said John Harvan, one of about 60 radiant Paul supporters gathered amid Union Square holiday shoppers Dec. 16.

Bay Area supporters — organized through online meet-up groups — were congregated on the chilly Sunday in solidarity with a national Paul fundraising push, or what the campaign dubbed "a moneybomb." Staged to coincide with the anniversary of the 1773 Boston Tea Party, the Ron Paul Tea Party was, as one Web site put it, "a symbolic dumping of these tyrannical systems that thwart our true destiny of Freedom & Liberty!"

The Dec. 16 fundraising push was an unquestionable success, raising more than $6 million in a 24-hour period. Paul’s campaign had already received national attention when it received $4.2 million in donations Nov. 5, which precipitated his much-needed boost in the polls. But $6 million broke the record for funds raised in one day, a record previously held by the John Kerry campaign for raising $5.7 million in 2004.

Most of the donations to the Paul campaign are small contributions from committed individuals. Proving the grassroots nature of Paul’s support, the average size of each donation is consistently around $100.

Yet there is no political mystery to Paul; he has been articuutf8g the same message — one of limited constitutional government, low taxes (if any), and free markets — since he was first elected to the House of Representatives in 1976 from his home state of Texas. And his dependability is starting to gain traction with libertarians, Republicans, Democrats, and independents.

"A real mix of people are brought together by Ron Paul’s message because we sense the danger in the country," Gerald Cullen of San Francisco told the Guardian. "I think the [George W.] Bush administration has just about destroyed the country. Nothing in the Constitution provides for a president to attack another country that hasn’t attacked us."

Paul is a self-proclaimed noninterventionist and has opposed the war in Iraq from the start. He is by no means liberal or progressive; he’s more a classic conservative who opposes government regulation. "A lot of people are frustrated by the different regulations and infringements on our liberty day in and day out," said Ralph Crowder, who lives in Berkeley. "Ron Paul’s not trying to sell you on himself; he’s just selling you the message of freedom."

And while there are varying definitions of freedom, Paul’s fundamental noninterventionist belief translates into a variety of positions that appeal to voters on both ends of the political spectrum. He sees the USA PATRIOT Act as a breech of civil liberties; wants to stop US involvement in the World Trade Organization, the North American Free Trade Agreement, and other free trade agreements; and supports bringing American troops home from Iraq posthaste.

Appealing to the opposite end of the spectrum, he is also staunchly antichoice, introduced legislation in 2004 to repeal bans on assault weapons, and wants to beef up the US’s borders.

Adrian Bankhead, who also lives in Berkeley, wants Paul to be the Republican nominee but disagrees with his social policies too heartily to vote for him in the general election. "His social views against immigration, abortion, affirmative action, and women make me nervous," Bankhead told the Guardian. But Bankhead respects what he sees as Paul’s fundamental honesty: "He is the only Republican nominee who would not steal the election in November."

However, Bankhead’s position is a minority one among Paul supporters. Crowder and Cullen, for instance, agree with almost everything Paul says. "There’s not much difference between where he stands and where I stand," Crowder said. And Cullen, who worked for Paul during his 1988 bid for the presidency as a Libertarian candidate, sees the candidate’s principles as "very much in line with the old Republican Party principles … before the madness took over the country."

Stephanie Burns, one of the main organizers of online Bay Area meet-up groups, says she agrees with Paul "all the time."

There are more than 80,000 Ron Paul online meet-up members around the country — 452 in the San Francisco group as of the writing of this article — and most of them find themselves in complete agreement with Paul’s perspectives.

Scott Loughmiller sees the Paul campaign as being in a prime position to steal the nomination, with his polling numbers rising, his momentum building, and plenty of money in the coffers. "We’re right where Kerry was in 2004 going into the primaries, when [Howard] Dean had already been crowned winner by the media," Loughmiller said.

Learning from Enrique

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While chatting with her Guatemalan house cleaner one day, journalist Sonia Nazario casually asked the immigrant mother of four if she planned to have more children. The house cleaner broke down and began crying. She explained to Nazario, a Los Angeles Times reporter, that she hadn’t seen her kids in 12 years, having migrated to the United States so she could make money to send home to them.

Nazario realized her house cleaner’s plight was a common one among Central American women, whose families are so often abandoned by the fathers that the women must do whatever is necessary to ensure that their kids have enough to eat. "Most Americans don’t understand that kind of desperation," Nazario explained to a crowd at San Francisco Public Library’s Koret Auditorium on Nov. 28.

She felt bewildered that someone could come to work in the US while leaving her children behind to live in squalid conditions in Central America. At first, Nazario said, she even felt a bit judgmental. But her house cleaner’s story inspired Nazario to learn more about the level of desperation so many immigrants and their families live with.

Touched by the women’s sacrifices and curious to learn more about the struggles of immigrants — undocumented immigrants in particular — Nazario embarked on an epic journey that led to her writing a newspaper series about a Honduran boy named Enrique who braved numerous obstacles so he could reunite with his mother in the US.

The series won Nazario a prestigious Pulitzer Prize in 2003 and became the blueprint for her book Enrique’s Journey (Random House, 2006), which is currently being developed as an HBO special. Nazario’s work offers a complex and insightful perspective on an immigration issue that has often been oversimplified by pandering presidential campaigns.

TRAIN OF DEATH


Tens of thousands of Latin American youths travel from their home countries toward the US each year on top of trains. The perilous, Odyssey-like trip takes weeks to complete, and migrants rarely reach their goal on their first try. Enrique, for instance, attempted the journey eight times. Other immigrants try dozens of times.

Nazario, wanting to understand the struggles of undocumented immigrants as intimately as possible, replicated Enrique’s journey by boarding the top of a train in Tegucigalpa, Honduras, and riding through the heart of Mexico in a three-month excursion. Having received permission from Mexican officials and with the resources to spend the occasional night in a hotel, she didn’t rough it to the extent that migrants — adults and children alike — have to.

But that’s doesn’t mean it was easy. On returning to the US, Nazario began having nightmares about being raped by bandits during the journey and ended up in therapy to deal with the trauma.

The US-Mexico border, she noted, is far from the most daunting leg of the journey for these immigrants: the hardest part is the lush southern Mexican state of Chiapas, which migrants call "the Beast." The region is home to Mexican immigration authorities, corrupt cops who are out to shake down and deport travelers, and ruthless gangsters who control the tops of many of the trains. Mexico deports roughly 200,000 illegal immigrants each year, mostly from Central America.

Enrique still wears the scars of a beating he sustained at the hands of bandits. Torrid heat, all the more unbearable to those riding atop trains made of metal, exhausts and wears down the travelers in an unforgivable fashion.

They call the trains los trens de la muerte, or the trains of death, due to the regularity of death and maiming that occurs when immigrants fall off. Nazario, during her trip, was once hit in the face with a branch and nearly tumbled off the train top, an experience she describes as "harrowing."

HUMAN FACE


The ubiquity of bandits and harmful forces along the railroads is not without a yang to its yin. The enormous compassion of the people of Veracruz, an impoverished region in the south of Mexico, made an indelible impact on Nazario. When trains pass by villages, crowds of supportive villagers throw food and water to the migrants. When townsfolk have no material possessions to share with the immigrants, they offer them their prayers.

Nazario has not only studied the physical dangers experienced by undocumented immigrants during their northbound trips but also analyzed the psychological toll taken by splitting up families. Enrique and many children like him have often wondered of their absent mothers, "Does she really love me?" Enrique, whose mother left him when he was five and was apart from him for 11 years, would stare out his window every Christmas during his mother’s absence, hoping for her return.

Hundreds of thousands of Latin American children have trouble adjusting socially without parental guidance. Given that many fathers in Latin America’s third world enclaves "stray in more ways than one," as Nazario said, many mothers come to the US to find work. Sometimes children like Enrique grow up resenting, even hating, their mothers. Most mothers, Nazario learned, only intend to be away for a year or two, but when they discover that the quality of life and opportunities in America aren’t quite as golden as advertised, their stays become extended indefinitely.

Nazario learned through countless interviews that many children left behind can’t fully comprehend why their mothers left, and they say they’d rather remain penniless than apart.

CROSSING OVER


The immigration debate is hotly contested in the US, particularly in the wake of the May Day protests and the George W. Bush administration’s failure to pass a comprehensive immigration reform package. Rather than bombard listeners and readers with ideological pleas to mend America’s broken immigration system, Nazario mixed her humanizing account of the immigrants’ hardships with relevant facts. Dedicated journalist that she is, she parroted neither the La Raza talking points nor Pat Buchanan’s.

Around 100,000 children like Enrique cross the US border annually in search of their parents. And while the US permits about one million immigrants to enter the country legally each year, they are joined by an additional 850,000 people who enter illegally. Business interests seeking "cheap and compliant" labor lobby on behalf of the influx of undocumented workers, Nazario explained.

Undocumented immigrants undoubtedly do many jobs that Americans won’t, Nazario noted, most prominently agricultural and domestic work.

That said, the large number of undocumented immigrants does undercut wages for some Americans and denies citizens and legal immigrants jobs in fields like construction.

SOLUTIONS


"The women I talked to said it wouldn’t take radical changes to keep them in Honduras," Nazario told her audience. The US, she argued, must play a more proactive role in helping Latin American nations develop their economies. For instance, many products the US imports from China could just as easily be manufactured in countries like Honduras, which would dramatically reduce the number of illegal immigrants from Central America and keep more families together.

In an e-mail to the Guardian, Nazario said that if the US is serious about reducing the flow of undocumented immigrants through its borders, it should not only supply foreign aid to nations in need but also provide "micro-loans through NGO’s to women to create jobs in these countries. They then pay back the loan, which can go to another woman to start a business, and create jobs."

A quarter of El Salvador’s citizens, she added, live outside the country, mostly in the US. Were it not for El Salvador’s dismal economy, most of those people would choose to remain in their native land.

Renee Saucedo, the community empowerment coordinator for La Raza Centro Legal in San Francisco, an immigrant rights organization, told us that "using enforcement and punitive policies are never going to be effective…. Many of the reasons people are forced to uproot their families are because of global free trade agreements." Saucedo said the only effective way to deal with the issue of illegal immigration is to develop policies that serve the poor majority, not the economic elite.

Nazario believes, based on her conversations with countless immigrants, that the US government’s decision to build a fence along the border with Mexico is wasteful and will not accomplish its goals. "People this determined will find their way over a wall, under a wall, around a wall." *

Green City: The baby question

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› amanda@sfbg.com

GREEN CITY I remember exactly where I was — sitting on a BART train, reading yet another magazine article about global warming — when it hit me harder than ever before: the year 2050 is going to suck.

Predictions suggest it’s going to be hotter, colder, drier, wetter, and stormier in all the wrong places. Sea levels will be up. Resources will be down. The view from 2007 is not good. So how can I, an educated, middle-class American woman, reasonably consider having a child with such a future to offer?

To have or not to have is the baby question everybody asks. I’ll admit I’ve been on the fence for a long time. A survey of my female role models reveals that exactly half took the motherhood plunge (including my own mother), yet the other half refrained. I’m clearly drawn to the childless life for a number of reasons, and reading the International Panel on Climate Change reports released this year has given me one more.

By virtue of our existence, we’re all contributing to global warming, and my impact will be at least doubled by every child I have. According to Al Gore’s carbon calculator (at www.climatecrisis.net), I’m emitting 2.35 tons of carbon dioxide per year, well below the national average of 7.5. But that would certainly increase if I were to have a baby. I’d need a bigger place to live, and that would require more heat and electricity. More flights back East to see Grandma and Grandpa would be in order, and I’d probably buy a car, not to mention all that crap that babies need.

I would become more like the average American, who has a life span of 77.8 years and, according to estimates by the Mineral Information Institute in Golden, Colo., needs 3.7 million pounds of minerals and energy fuels to construct and support a lifetime of stuff — from cars and roads to batteries and soap.

It seems like an effective way to cut our impact on the earth would be to cut population, yet such a strategy almost never comes up.

"In the entire discussion of climate change, there’s been no mention of population," Paul Ehrlich, Bing Professor of Population Studies at Stanford University, told me.

The IPCC’s fourth assessment, released in November, discusses mitigation measures but never suggests decreasing population — except as the unintended result of a natural disaster. Historic attempts to limit population growth have never been popular. China has been chastised for its one-child policy, as were environmental groups like the Sierra Club, which called for limiting immigration in the 1970s to curb population growth in the United States.

"It’s an incredibly personal decision," environmentalist and author Bill McKibben told me. "In our culture it’s not one that’s easy for people to talk about." He addressed it in Maybe One (Simon and Schuster, 1998), in which he explains his decision to have a child after years of saying he and his wife wouldn’t.

McKibben says he wrote the book to uncover the weak mythology that only children are spoiled, myopic brats, to show how religious beliefs have been manipulated, and to point out that an increasing population is really an economic advantage.

Ehrlich, who thinks the US should at least have a population policy, also had one child with his wife, Anne. The realization that having more would contribute to an unsustainable future for their daughter led them to author numerous books on the subject, including The Population Bomb (Ballantine Books, 1968), one of the bellwethers on the impact of unchecked population growth. Since then the issue has essentially disappeared from public consciousness, and Ehrlich thinks that’s because the world’s total fertility rate has, in fact, dropped — from five children per woman to three. In the US it’s decreased even further, to less than the replacement level. This has created the impression that population is no longer a problem.

But that’s not entirely true. While birthrates may be down, the overall population has still grown, because life expectancy has increased. Most of us don’t die when we give birth. We go on living, breathing, eating, drinking, shitting, idling in traffic, jetting between cities, and consuming more and more of the dwindling resources we have — with a child or two at our side.

And the equation is simple, right? The more people, the bigger the problem.

"Well, it’s not a direct multiplier," McKibben said. He offers as an example an Amish family of eight "living simply" and having less of an impact than the average American Brady Bunch. "In global terms it’s so much more about consumption."

Ehrlich and McKibben agree that’s really the problem. "An important point, which is usually missed, is the next 2.5 billion people are going to have a much bigger impact than the last 2.5 billion," Ehrlich said.

According to his research, we’ve surpassed the earth’s carrying capacity, and Americans are only able to overconsume because Africans, Indians, Asians and other developing countries are underconsuming.

If the entire world population ate and drank and drove around like Americans — which is the aspiration of many — we’d need two more Earths.

"The current population is being maintained only through the exhaustion and dispersion of a one-time inheritance of natural capital," the Ehrlichs and Gretchen Daily wrote in the 1997 book The Stork and the Plow (Yale University Press), in which they grapple with the question of a sustainable population for Earth.

Their answer: about two billion. How many are we now? Worldwide, 6.5 billion, which will rise to about 9 billion by 2050 — with most of the growth slated for developing countries. Family planning and education are largely considered the primary factors in keeping the US population under control, and that’s where international efforts have focused, according to Kristina Johnson, population expert for the Sierra Club.

This has required an artful dance around the Mexico City Policy, in place in one form or another since 1984, when Ronald Reagan refused aid to any international agencies that use any monies for abortions. So while we’ve managed to handle our head count at home, we’ve done the opposite abroad.

As for how to deal with our enormous abuse of natural resources, technology has long been hailed as the solution. The guiding principle has been that our children will be smarter than we are, so we’ll leave it up to them to figure it out. However, as the Ehrlichs conclude in their most recent book, One with Ninevah (Island Press, 2004), "The claim that ‘technology will fix the problems’ has been around for decades — decades in which the putative advantages of claimed technological ‘fixes’ have often failed to appear or proved to be offset by unforeseen nasty side effects."

For example, we essentially avoided large-scale famine by figuring out how to reap more crops from our soil. But we haven’t mastered how to do this without the use of pesticides and, increasingly, genetically modified organisms that have transformed diverse farms into precarious monocultures.

Today we’re counting on technology even more, but some of the proposed solutions still raise questions. Do we have enough acreage to grow biofuels? What would be the long-term impacts of capturing carbon emissions and burying them underground? Ditto for spent nuclear fuel.

And all of these variables factor in those 2.5 billion people to come, without suggesting people consider not having children.

If there’s a mantra for any concerned citizen to adopt, it should be less. Use less. Buy less. Be less of a draw on the system. But as Richard Heinberg writes in Peak Everything (New Society, 2007), "People will not willingly accept the new message of ‘less, slower, and smaller,’ unless they have new goals toward which to aspire."

Cutting carbon emissions is a serious goal, and it looks like leadership is going to have to come from within. The Bali talks have produced no binding agreement except … more talks.

Our elected representatives have finally raised US fuel-economy standards for the first time since 1975, to the slightly less shameful level of 35 miles per gallon by 2020. Environmentalism is peaking as a popular movement, but the credo to consume less has been divorced from its consciousness.

"Green" products are now the fastest-growing consumer market. In fact, this holiday season you can buy a pair of chic Little Levi’s for your kid. They’re just $148 at Barney’s, and "a portion of proceeds" will go to the Trust for Public Land. How much? Who knows? The company isn’t saying. Just shut up and shop and don’t worry about it — they’re organic. *

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

Angels and Demons

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For as long as humans have been migrating, but not conquering their host countries, they have been demonized. Check out the Jews under Hitler. The Arabs in France. The Pakistanis in England. And all the jokes about the Poles/Irish/ Mexican (fill in ethnicity of the most reviled group of) immigrants in your ‘hood.

So, the Thanksgiving story about the young boy who was rescued by a Mexican who had just crossed the border in southern Arizona was miraculous in a number of ways.

Without the intervention of a 26-year-old Mexican called Jesus Manuel Cordova, things might have ended badly for the 9-year-old son of an American woman, who lost control of her van in a remote area just north of the Mexican border, and eventually died while awaiting help.

As the local county sheriff, Tony Estrada, reported to major news outlets, Cordova came across the boy, told him that everything was going to be all right, gave him a jacket, built a bonfire and stayed with him until about 8 a.m. the next morning. That’s when hunters passed by, called authorities–and the boy was flown to hospital.

The story was miraculous for the way it got all the major news outlets casting an “illegal immigrant” named Jesus as an angel.

What wasn’t miraculous about the story was how the boy’s rescuer then got taken into custody by the Border Patrol, who, assumedly, will deport him.

So, while it’s depressing to read the ugly comments at sfgate about “illegal immigration,” unfortunately, they aren’t at all surprising.

Call me a bleeding heart legal immigrant who, yes, had to pay through the teeth to get her green card, but I’d argue that millions of “illegal immigrants” are angels every day, as they look after the children, homes, gardens and farmlands of a nation full of people grown rich on the spoils of their own historically illegal settlement.

Kinda demonic, ain’t it?

Letters as leverage

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It’s a thin, seemingly innocuous letter. The Social Security Administration mails it when names and Social Security numbers don’t match on an employee’s I-9 form. The intent is to make sure workers receive their benefits.

But unions and immigrants have long charged that unscrupulous employers use SSA "no match" letters to harass undocumented workers and squelch union organizing efforts. Now, after a failed immigration debate in Congress, the George W. Bush administration wants to pass a regulation that would explicitly turn the letter into an immigration enforcement tool.

Activists fear this could result in massive firings and retaliation against workers organizing with unions. Employers complain it could lead to an economic slump in industries dependent on undocumented labor. A temporary injunction granted by a San Francisco judge is the only thing holding back letters across the country; it ends Oct. 1.

Bay Area activists have been national leaders at the intersection of immigrant rights and labor movements. They are now shaping national policy on this new regulation in the courts and promise wide-scale street action and workplace walkouts if it goes into effect.

A look at past and present related Bay Area organizing may shed light on the future of the national issue.

BAY AREA ORGANIZING


US companies file hundreds of millions of W-2 forms with the SSA every year. The SSA uses them to calculate how much it owes workers at retirement. When the name and the Social Security number do not match, the SSA sends a "no match" letter to the employee to clear up the discrepancy. The letters are also sent to employers who have more than 10 employees with no match. These letters have nothing to do with immigration law, and employers are not required to take any adverse action against these employees.

But under the new Department of Homeland Security regulation, no-match letters may be seen as evidence that an employer knowingly employed an undocumented worker. The letters would include a leaflet from US Immigration and Customs Enforcement informing employers that they must fire workers who cannot resolve no matches with the SSA or reverify their work authorization within 93 days. If the companies do not, they may be subject to fines or criminal charges.

The rule was drafted more than a year ago but was not announced by Homeland Security secretary Michael Chertoff until Aug 10. "The magnet that brings most economic migrants into this country is work," he explained. "And if we have worksite enforcement directed at illegal employment, we strike at that magnet."

Brooke Anderson, an organizer with the East Bay Alliance for a Sustainable Economy, told the Guardian that this is an unlikely scenario. Workers will not leave the country; they will simply be forced into underground economies, rotate through different jobs, and become even more vulnerable.

Anderson was among a delegation of more than 30 labor, faith, and community leaders that presented a letter Aug. 30 at the regional SSA office in Richmond. The letter outlined their concerns and asked that the SSA send out no-match letters only to employees, not employers.

"DHS is using an incomplete, hodgepodge system intended to ensure our economic security to implement a regressive immigration policy that Bush failed to pass in Congress," Anderson told us. "The SSA as an agency should have a spine and say no to DHS and no to the Bush administration."

If the ICE inserts do go out with no-match letters, she predicts walkouts and massive street actions.

The regulation is also being challenged in a lawsuit filed by the Central Labor Council of Alameda County. The AFL-CIO, the American Civil Liberties Union, and the San Francisco Central Labor Council have joined it. The plaintiffs claim that because the SSA’s database is full of errors, many citizens and legal immigrants could end up losing their jobs. They also argue that the DHS has exceeded its authority by seeking to use the SSA to enforce immigration laws.

US District Judge Maxine Chesney in San Francisco granted a nationwide temporary restraining order Aug. 31, blocking the SSA from sending letters with ICE inserts. The order is in effect until Oct. 1, when another federal judge here, Charles Breyer, will decide whether to grant another injunction.

"DHS is trying to create a huge terror, to give the illusion that they are doing something," Bill Sokol, a lawyer with Weinberg, Roger, and Rosenfeld, the firm representing the Central Labor Council of Alameda County, told us. "Workers are afraid, but we must dial down people’s fear and terror under our new gestapo."

He said the law will have little impact if employers understand it and do not abuse it. If employers overreact, however, the result could be disastrous. Sokol said employers are already firing employees immediately after receiving the letters.

HISTORY


Unions and immigrant workers across the country have charged that no-match letters have been used to stifle workers’ rights since the SSA began sending them to employers in 1994. Activists in the Bay Area have played a key role in resisting these efforts, setting national precedents upholding worker rights.

When a San Francisco Travelodge fired workers after they began organizing with a union in 1999, allegedly due to Social Security no matches, the terminated employees took it to court. The next year they won an arbitrator’s decision that the firing, based solely on no-match letters, was a violation of their union contract.

Local community pressure on the SSA also resulted in the inclusion of cautionary text in the letter. The no-match letter now states that employers "should not use this letter to take any adverse action against an employee…. Doing so could, in fact, violate state or federal law and subject you to legal consequences."

Activists at Oakland’s Labor Immigrant Organizers Network wrote a resolution in 1999 asking the AFL-CIO to renounce its support of the employer-sanctions provisions of the 1986 Immigration Reform and Control Act, the federal law that for the first time made it illegal for an undocumented worker to hold a job. Their agitation is credited in part for a resolution the AFL-CIO passed in 2000 calling for the repeal of sanctions and for a legalization program for undocumented workers.

The letters remained a potent tool for antiunion activity. A 2003 survey by the Center for Urban Economic Development at the University of Illinois at Chicago found that 25 percent of workers listed in no-match letters reported that their employers fired them in retaliation for complaining about inadequate worksite conditions. More than one in five workers reported that their employer fired them in retaliation for union activity.

San Francisco opposed the DHS no-match regulation when it was proposed last year. An August 2006 resolution by the Board of Supervisors said it may lead to employers "using it as a device to fire, intimidate, harass, or underpay employees." It promised that the city would defy the regulation if it received a no-match letter for a city employee.

The San Francisco Chamber of Commerce and the US Chamber of Commerce also came out against the regulation.

But some employers embraced the proposed regulation. Uniform manufacturer Cintas fired hundreds of employees across the country, allegedly responding to the proposed guidelines after receiving no-match letters during a union organizing drive. Organizers said the company targeted employees involved in the union and jumped the gun on new regulations.

The Woodfin Suite Hotel in Emeryville fired 21 housekeepers in December 2006, also allegedly due to no-match letters. The workers claim the Woodfin retaliated against them for organizing with the East Bay Alliance for a Sustainable Economy, a labor-affiliated think tank, to enforce the living-wage law (see "Calling in the Feds," 6/13/07).

A yearlong campaign targeting the Woodfin has brought the issue to a national audience.

FALSE INFORMATION


Organizers say the regulations are far less strict than the news media has portrayed them, adding to an atmosphere of hysteria and fear among employers and workers. Francisco Ugarte, a lawyer with the Oakland firm of Leonard Carder, held up several San Francisco Chronicle articles at a Sept. 13 workshop for union organizers as examples of media inaccuracies.

An employer is not required to fire an employee after 90 days, as news accounts have stated. The employer has 90 days to fix discrepancies, and the worker has three days after that to fill out another I-9 form with a new Social Security number. If it appears credible, employers must accept the new I-9, Ugarte said.

The ICE insert in the SSA letter will terrify employers, he predicted, but the rule does not create any new information sharing between the SSA and other governmental agencies. The SSA is actually prohibited by law from sharing private data with any other governmental agencies.

There are also no automatic fines assessed to employers, as news accounts have implied. ICE will only levy fines if it raids employers and finds that they did not address no-match discrepancies. It is unlikely that the DHS will be able to enforce the regulations; in announcing them, Chertoff said the agency would rely largely on self-policing.

Even if this is the case, organizers fear that the DHS’s no-match regulation will provide employers with another tool to squelch immigrant workers’ rights. Comprehensive immigration reform is still needed to reconcile employers’ demands for workers, immigrants’ needs for employment, and US immigration policy.*

Who killed Brad Will?

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news@sfbg.com

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

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

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

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


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

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

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

HEADING SOUTH


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

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

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

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

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

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

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

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

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

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

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

THE COMMUNE OF OAXACA


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

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

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

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

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

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

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

A CITY PARALYZED


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

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

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

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

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

ON THE BARRICADES


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

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

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

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

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

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

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

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

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

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

SHOT IN THE CHEST


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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE OUTRAGE BEGINS


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

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

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

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

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

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

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

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

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

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

SHAM ACCOUNTABILITY


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

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

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

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

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

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

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

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

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

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

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

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

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

ON THE EVIDENCE TRAIL


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

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

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

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

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

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

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

A VISIT FROM HOME


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

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

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

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

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

THE POLITICS OF OIL


There are larger geopolitics at work here.

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

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

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

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

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

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

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

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

Black and white and color

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One of the most exciting aspects of being a newspaper editor is recognizing a wave of activity that isn’t connected to government mind control or onslaughts of corporate-sponsored and mass-marketed art. This kind of spontaneous mass energy is happening via photography in San Francisco right now. August is known as a slow month, but the city’s galleries are alive with contemporary photos. Bill Daniel’s latest look at the US landscape is opening at RayKo Photo Center, the Daniel-influenced vagabond spirit Polaroid Kidd has his first Bay Area show at Needles and Pens, Greg Halpern’s moody views of Buffalo and Kelli Connell’s double-minted prints are up at SF Camerawork, and at City Hall — through the San Francisco Arts Commission Gallery — the work of 32 local photographers is on view.

Baptized in arguments regarding its viability as an art form, photography remains as contentious as it is expansive. Witness a veteran such as Duane Michals sharpening his claws on the megapopular likes of Cindy Sherman in last year’s rant-monograph Foto Follies: How Photography Lost Its Virginity on the Way to the Bank (Thames and Hudson). We live in an era when the ready availability of portraiture seems to have made its definition even more reductive; via MySpace and more explicit sites, people use cameras to readily package themselves as products. Yet when black-and-white and color and digital and film collide with unpredictable results, photo portraiture can be as varied and lively as the work you’ll find on these pages.

Thanks to fellow Guardian arts editor Kimberly Chun for suggesting, late in the selection process, a focus on portraiture. This decision necessarily narrowed the Bay Area photographers to choose from; there’s a wave of garden- and eco-driven work being done by Bill Basquin and others, while Dusty Lombardo, R.A. McBride, and Jackson Patterson are discovering tremendous depth in interiors. Thanks also to Basquin, Daniel, Glen Helfand, Chuck Mobley, Katie Kurtz, and Dave and Ray Potes for their suggestions.

Twelve years ago I interviewed therapist and author Walt Odets because he was bringing much-needed humanity to discussions of the AIDS crisis; to find out that he’s also a superb photographer whose subjects have included Jean Renoir and his wife, Dido, is a revelation. In distinctive ways, Vic Blue, Robert Gumpert, and Amanda Herman reveal what journalism usually ignores or renders shallow. The intimacy of Vala Cliffton’s photos makes one ponder her presence within the scenes she depicts. Matthias Geiger shows a city you might not have noticed even when it’s been in front of your face. Stan Banos has an eye for the many shades of gray within the multihued and the cuckoo. Job Piston is that rare Bay Area photographer whose work brandishes a sexual edge that isn’t obvious or predictable. Jim Goldberg’s urban work has been canonically influential since the publication of Rich and Poor (Random House, 1985) and Raised by Wolves (Scalo, 1995). Photography is just one aspect of Désirée Arlette Holman’s hand-fashioned fantasy world, a place that looks like a wicked satire of our own.

If you’d like to see more about some of these artists, go to www.sfbg.com/blogs/pixel_vision. (Johnny Ray Huston)

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Stan Banos

NAME Stan Banos

TITLE The Marine

THE STORY "This photo was taken in San Francisco during Fleet Week in ’04."

INSPIRATION "I’ve always had a vague obsession with time and place, and the camera is the best-suited instrument to record such transient moments (particularly when you can’t draw). I generally try to incorporate whatever signs of irony life can offer within a rectangle."

FAVORITE PHOTOGRAPHERS "I have more favorite photographers as an adult than I had favorite ballplayers as a kid: Bruce Davidson, Josef Koudelka, Diane Arbus, Garry Winogrand, William Eggleston, Stephen Shore, Carl de Keyzer, James Nachtwey, Cheryl Richards, Henry Wessel, Elliott Erwitt, Martin Parr, Lee Friedlander … the list is endless."

SHOW "Our World," at SF Arts Commission Gallery’s City Hall space, through Sept. 21.

WEB SITE www.reciprocity-failure.com

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Victor J. Blue

NAME Victor J. Blue

TITLE Honduran immigrants, Detention Center Tapachula Mexico

THE STORY "I went to the Guatemala-Mexico border to photograph immigration there. These guys had been caught trying to ride the freight train to the United States. We only had a few minutes to take pictures inside. They were on a bus back to Tegucigalpa within a day, probably just to try again."

FAVORITE MONOGRAPHS The Mennonites by Larry Towell (Phaidon, 2000), Exploding into Life by Eugene Richards and Dorothy Lynch (Aperture, 1986), Kosovo 1999–2000: Flight of Reason by Paolo Pellegrin and Tim Judah (Trolley, 2002), Under a Grudging Sun: Photographs from Haiti Libere 1986–1988 by Alex Webb (Thames and Hudson, 1989).

WHAT ARE YOU SHOOTING NOW? "The cost of the wars in Iraq and Afghanistan for the people of San Joaquin County."

WEB SITES www.victorjblue.com, online.recordnet.com/projects/iraq/Jose/index.html

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Vala Cliffton

NAME Vala Cliffton

TITLE Unicorn

THE STORY "Unicorn is a portrait of my niece and my brother after their trip to Hawaii. My niece is in love with Hawaii and could not seem to detach herself from her scuba gear that afternoon. My brother was trying to catch a nap before dinner. The combination of elements in this unposed portrait captures an essential and intriguing aspect of their father-daughter relationship."

INSPIRATIONS "The Family of Man [Harry N. Abrams] was the first photography book I can remember picking up and being interested in. Photography was always a part of our family life. One of my projects while at the San Francisco Art Institute was to print the black-and-white snapshots taken of the family over the years."

WHAT ARE YOU SHOOTING NOW? "I have spent the past couple or years working as a filmmaker and producing music videos, some of which I have put up on YouTube at youtube.com/alavala11."

SHOW "Our World," at SF Arts Commision Gallery’s City Hall space, through Sept. 21.

WEB SITE alavala.com

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Matthias Geiger

NAME Matthias Geiger

TITLE Train

THE STORY Train is taken from Geiger’s "Tide" series, which he describes as "an examination of human presence" in "places of transit and momentary rest…. The technique of layering still images allows past, present, and future moments to appear simultaneously, reflecting the notion that each moment in time is a construct of our memories, our presence, and our projections."

INSPIRATIONS "Direct physical experience such as being outdoors, dance, and meditation, as well as readings on metaphysics."

WHAT ARE YOU SHOOTING NOW? A series on utopian subcultures.

SHOW "Matthias Geiger: Tide." Sept. 6–Oct. 20. SF Camerawork, 657 Mission, second floor, SF. (415) 512-2020, www.sfcamerawork.org

WEB SITE www.matthiasgeiger.com

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Robert Gumpert

NAME Robert Gumpert

TITLE Untitled

THE STORY "For the past 13 years I’ve been doing an off-and-on documentary project called ‘Lost Promise: The Criminal Justice System.’ This image was done in August 2006 while I was documenting the closing of San Francisco County Jail No. 3. Built in 1934 and beset by a number of serious issues and several lawsuits ordering its closure, the jail was finally closed in August 2006, when inmates were moved to County Jail No. 5, built on land adjacent to the old jail."

FAVORITE PHOTOGRAPHERS Don McCullin, Lewis Hine, August Sander, Leonard Freed, Gilles Peres, and Philip Jones Griffith.

WEB SITE www.robertgumpert.com

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Amanda Herman

NAME Amanda Herman

TITLE Untitled

THE STORY The image is taken from Herman’s most recent work, the short film Lost Island, which looks at the impact of Hurricane Katrina on one large family two years after the storm forced them from their home in Chalmette, La. Herman met the Morris family in Oakland while doing free family portraits for survivors at a relief day in October 2005, one month after Katrina drove them from their homes, and, she writes, "over time, I became interested in exploring the intricacies of one family’s experience with the disaster." Donations and income from the sale of the Lost Island DVD will go into a family fund to assist the Morrises as they rebuild their lives in Oakland.

FAVORITE PHOTOGRAPHERS Seydou Keita, Allen Sekula, Susan Meiselas, Jeff Wall, Wing Young Huie, Wendy Ewald, Jessica Ingram, Eric Gottesman, and others.

SHOW "Inchoate," through Aug. 11. Patricia Sweetow Gallery, 77 Geary, mezzanine, SF. (415) 788-5126, www.patriciasweetowgallery.com

WEB SITE www.amandaherman.com

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Désirée Arlette Holman

NAME Désirée Arlette Holman

TITLE Something Ain’t Right

THE STORY "This image is from a larger series of video and photo work depicting actors wearing crude, handmade (by me) chimp costumes. Something Ain’t Right was inspired by smoking chimps in zoos in South Africa and China. One zookeeper claimed that the chimps were smoking because they are frustrated. Could captivity make a chimp neurotic and lead it to smoke? Others claimed that the chimps were imitating tourists, recalling the cliché ‘Monkey see, monkey do.’ "

INSPIRATION "I am inspired by psychology, popular culture, figurative sculptures (including toys), art, and various types of fantasy and fiction making. I capitalize on the potential to create fantasy from realistic imagery through the use of the camera."

FAVORITE PHOTOGRAPHERS Currently include Tracey Moffatt, Liza May Post, and Suzy Poling.

SHOWS "CCA: 100 Years in the Making," at the Oakland Museum of Art, and a solo show at San Francisco’s Silverman Gallery. Both open in October.

WEB SITE www.desireeholman.com

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Job Piston

NAME Job Piston

TITLE A Year Later

THE STORY "I was making portraits of young Hollywood and became interested in deconstructing glamour. This is a good friend of mine who was sent away to a facility for a long while. I took this picture the first time I visited him. Today popular figures openly go to rehab; it too has become glamorous."

INSPIRATION "Complicated personalities, intimacy in public spaces, secrets, the figure, and the fountain of youth."

SHOW "Our World," at SF Arts Commission Gallery’s City Hall space, through Sept. 21; "Evidence of Things Unseen," Peninsula Museum of Art in Belmont, through Oct. 21; solo show at Silverman Gallery in San Francisco in October.

WEB SITES www.jobpiston.com, book-of-job.blogspot.com

44-Odets.jpg
Walt Odets

NAME Walt Odets

TITLE Greg Hoffspiegel, Palo Alto, California, 2007

THE STORY "Because it is so instantaneous, there is much chance in photography. This photograph seems to me about the gaze and emotion of the three figures, some combination of attention, reflection, loss, and pathos, as well as the visual organization."

INSPIRATION "I have taken pictures since I was 16. If I can use the camera in a way that forces deconstruction of what we normally see but do not observe, then I feel I have accomplished something."

FAVORITE PHOTOGRAPHERS "Henri Cartier-Bresson, of course, and Ed Ruscha and Lee Friedlander, for their elegance and form, intellect, and relentless literal rendering, respectively."

SHOW An October 2007 three-person show at SF Camerawork, devoted to winners of the James D. Phelan Award for photography.

WEB SITE www.waltodets.com/photo

44-Goldberg.jpg
Jim Goldberg

NAME Jim Goldberg

TITLE Untitled

PHOTO COURTESY OF STEPHEN WIRTZ GALLERY

THE STORY The image is drawn from "The New Europeans," a project Goldberg started around the time of the 2004 Summer Olympics in Athens. The series focuses on the journeys of refugees and immigrants from war-torn or economically devastated homelands in Iraq, Somalia, Sudan, Palestine, Afghanistan, the Philippines, and elsewhere to settle in Europe, specifically Greece and Ukraine. In June, Foundation Henri Cartier-Bresson in Paris presented Goldberg with the HCB Award so he could travel to his subjects’ countries of origin and tell the complete stories of their migration.

SHOW "Jim Goldberg: New Work." Oct. 3–Nov. 10. Reception Oct. 4, 5:30–7:30 p.m. Stephen Wirtz Gallery, 49 Geary, third floor, SF. (415) 433-6879, wirtzgallery.com

Contemputf8g Wolf

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› sarah@sfbg.com

Months after local videographer and blogger Josh Wolf was released from federal prison — where his seven-month stay was the longest in history for an American journalist for refusing to turn over unpublished materials to criminal prosecutors — the San Francisco Police Commission finally has decided to analyze the incident. That inquiry comes just as Wolf embarks on a campaign for mayor, which he hopes will create a dialogue about the lack of police accountability and the overzealous federal intrusions that marked his story.

Wolf, 24, told the Guardian that he’s still baffled by what transpired after he filmed the July 8, 2005, anti-G8 protest, which involved a heavy anarchist turnout, "got rowdier than local officials would have liked," and left a San Francisco police officer with a fractured skull — an incident that Wolf calls "unfortunate" but of which he claims to have absolutely no knowledge

"I’ve read the evidence that was presented in my case, but to this day no one has pointed out anything that constitutes terrorism," Wolf said.

The day after the protest, Wolf was contacted at his home by members of the FBI and the Joint Terrorism Task Force, along with two San Francisco Police Department officers. The four agents who showed up Wolf’s door, one of them dressed in a Hawaiian shirt and shorts, demanded that he hand over all his video outtakes after local and national TV stations aired edited footage that Wolf posted on his blog. The aired film included scenes of anarchists setting off firecrackers, turning over newspaper racks, and spray-painting a Pacific Gas and Electric Co. office. It also showed an SFPD officer holding local resident Gabe Meyers in a choke hold while another agent waved his weapon at the crowd and shouted, "Leave or you’re going to get blasted. I’m a fed, motherfucker."

"If any time the SFPD decides it doesn’t want to deal with some local issue, does it have the autonomy to contact the feds, and if so, doesn’t that jeopardize all the laws that the voters of San Francisco have passed?" Wolf asked July 11 as the Police Commission discussed a resolution supporting the First Amendment rights of the "new media," which is how Web-based disseminators of news, such as Wolf, are being described.

Earlier this year, police commissioner David Campos tried to pass a resolution in support of the then-jailed Wolf, but the proposal got no traction until Theresa Sparks was elected as president in May. By then Wolf had been free from jail for a month, leading Campos and Sparks to shift their focus toward investigating exactly why Wolf’s case got federalized in the first place as well as the implications for other groups that are protected locally but at risk federally.

As Campos told the commission, "A lot of people in San Francisco have been talking about how we as a department interact with the feds, to the extent that it has an impact on medical cannabis providers and immigrants and on First Amendment rights, as in the case of Josh Wolf."

Under state law, reporters’ sources and their work products are protected. A recent case involving Apple suggests that the law also extends to bloggers and independent reporters. But under federal law, reporters have no such protections, which is why former New York Times journalist Judith Miller was jailed in the Valerie Plame–CIA investigation and San Francisco Chronicle reporters Lance Williams and Mark Fainaru-Wada faced potential jail time in the BALCO affair, as did freelancer Sara Olsen in the court-martial of Army Lt. Ehren Watada.

But while these journalists refused to comply with subpoenas that were clearly related to federal matters, there was no such obvious connection in Wolf’s case. An investigation into the assault on SFPD officer Peter Shields normally would have been undertaken by local police and District Attorney Kamala Harris. Police records show that SFPD inspector Lea Militello requested "assistance from the FBI/JTTF regarding investigation of a serious assault against a San Francisco police officer." Federal investigators justified their involvement by maintaining that there had been an attempted arson on an SFPD squad car purchased in part with federal funds, even though SFPD records indicate only that the car’s rear tail light was broken.

"There was nothing incriminating on my tape," Wolf told the Police Commission, recalling how he offered to prove his statement by letting the federal judge view it in his private chambers, an offer the judge refused. "But because I had no federal protections, I had to decide whether to engage in a McCarthyesque witch hunt," Wolf added; he long had suspected that the feds wanted to profile anarchists about whom he has intimate knowledge.

Campos and Sparks hope that last week’s Police Commission discussion will be the first in a series about the protocols and procedures that the SFPD follows in deciding whether to refer matters to federal authorities. Both stress that asking for such a study does not mean they do not care that an SFPD officer was hurt. As Sparks told us, "At this point we don’t know what the deliberations behind everything that night were or how many people were deployed. For us to comment on a police officer being injured is inappropriate unless we have all the information. And all we’re hearing is anecdotal stuff. Our job is not to take sides but to figure out what the policies were, are, and what they should be."

Police Chief Heather Fong has agreed to report to the Police Commission in August on policies and procedures related to the SFPD’s General Orders, the city’s ordinances on immigration and medical marijuana, and protection of journalists’ rights. Sparks predicts that the report will tell the commission "what the SFPD’s policies do, how that compares to the Board of Supervisors’ resolutions, and whether we need to rewrite them or write new rules for the police."

Commissioner Campos told us he hopes the report will clarify whether the police have an obligation to report to the feds if an investigation involves damage to property bought with federal funding. "If it’s the case that we are obligated, then we need a discussion. Do we want to accept funds if doing so ties our hands and forces us to do something that San Francisco doesn’t want to do? For instance, if we accept funding, then does that mean we have to cooperate with [Immigration and Customs Enforcement]? If so, then a lot of us, myself included, would be up in arms and would say, ‘Let’s not.’ To the extent that it comes down to money, I’d hope that we’d make the choice that we’d rather not take the money than get in bed with the federal government."

Wolf, who was not convicted of any crime but served 226 days for being in contempt of a grand jury subpoena, was released April 3 after he agreed to post all his unedited footage online — an action the feds claimed as evidence that he had submitted to their demands. But Wolf pointed out that he agreed to do so only after the feds promised that he would not have to testify about anyone whose actions or words he had captured on tape. He also pointed out that he released the tapes to everyone, not just the federal government.

Since being released Wolf has announced his intention to run for mayor of San Francisco this fall, saying he was inspired by the recent Progressive Convention called by Sup. Chris Daly "in which they had a great platform but no declared candidate."

Wolf’s candidacy pits him against Mayor Gavin Newsom, who expressed neither support for Wolf nor criticism of his detention. That stance is in contrast with that of Harris, who is also running for reelection this fall and publicly criticized the US Attorney’s Office in March, a month before Wolf was released. In August 2006, Newsom returned unsigned the resolution of support for Wolf’s plight that was sponsored by Supervisors Ross Mirkarimi, Tom Ammiano, and Daly. The resolution, which passed on a 9–1 vote, with Sup. Sean Elsbernd voting no and Sup. Michela Alioto-Pier absent, declared that the city "resisted the federal government’s intervention in the City and County of San Francisco’s investigation of the July 8th, 2005 G-8 protest; expressed support for the California Shield Law; and urged Congress to pass Senate Bill 2831, the Free Flow of Information Act."

Asked about Newsom’s position on Wolf and related matters, spokesperson Nathan Ballard reminded the Guardian that the mayor authorized a $10,000 reward for information leading to the arrest and conviction of the person or persons responsible for the assault on Shields. "We take these attacks seriously and will take the appropriate actions necessary to ensure that the person or persons responsible are prosecuted," the mayor said shortly after the assault. As for Wolf, Ballard said by e-mail, "I am not aware of any public statement [by] the Mayor on the case of Josh Wolf. The Mayor is generally supportive of the concept of a better shield law, but he has not taken a position on this particular bill at the present time."

As it happens, Wolf, who has made numerous media appearances since his release, including on The Colbert Report, could find himself in the unusual position of having more name recognition than any of Newsom’s other challengers. And with Congress currently considering a federal shield law, the cause for which Wolf went to jail remains in the news. As media activist Rick Knee put it, pointing to the "Free Josh Wolf" button that he continues to wear on the lapel of his tweed jacket, "Josh may be out, but the issue is still with us." *

Fighting back

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› news@sfbg.com

It was a week of triumph for workers and union activists opposing the conservative agenda of the owner and operators of the Emeryville Woodfin Suites hotel.

The Guardian last week ("Calling in the Feds," 6/13/07) revealed that the hotel called on its owner’s political connections to blow the immigration whistle on housekeepers involved in a campaign to enforce a living-wage law at the Woodfin. That revelation came a day after Emeryville city officials ordered the hotel to pay $125,000 in back wages and $31,500 in fines for failing to show it was paying adequate wages.

The Woodfin chain has fought the living-wage law, Measure C, since even before voters approved it in 2005, originally refusing to comply. Then the Woodfin Suites fired workers who were organizing to enforce the measure, claiming they were undocumented immigrants. After being ordered by the city to reinstate the workers, hotel officials claimed the firings were justified by an April immigration audit by Immigration and Customs Enforcement (ICE).

The Guardian found that US Rep. Brian Bilbray (R–San Diego) asked ICE to investigate the hotel after a representative of the Emeryville Woodfin Suites — whose president, Sam Hardage, has close ties to Bilbray — contacted his office for assistance Feb. 1. That revelation was at the center of a June 13 rally at the Oakland Federal Building by members of the East Bay Alliance for a Sustainable Economy (EBASE), which helped pass Measure C and supports the laid-off workers.

"It is now clearer than ever that [the Woodfin’s] real motive was to get rid of workers who were standing up for their rights," organizer Brooke Anderson said through a loudspeaker.

Among those at the rally were Berkeley City Council member Kriss Worthington, Emeryville City Council member John Fricke, and representatives of California Assembly member Sandré Swanson (D-Oakland) and US Rep. Barbara Lee (D-Oakland).

Lee’s district director, Leslie Littleton, said Lee was "proud to stand strong with the Woodfin workers in support of their continued fight for the back pay that they are owed," and cited Lee’s "strong opposition to the ICE raids that have been terrorizing our community."

Littleton also said Lee was "deeply concerned by the allegations that another member of Congress — acting on behalf of a campaign contributor — may have gotten a federal agency to intervene in that dispute in a way that hurts workers in my district."

Emeryville special counsel Benjamin Stock told the Guardian that letters between Bilbray and ICE located as a result of our article will be cited in a pending lawsuit charging Woodfin officials with retaliating against whistle-blowing workers. It is against the law for an employer to fire workers for organizing for better working conditions, regardless of immigration status.

In a prepared statement, Woodfin officials said they contacted Bilbray’s office "to be certain we were in compliance with all laws governing our business." They claim that Measure C’s regulations "directly contradict federal immigration laws and violate the Constitution’s due-process clause." Both of the Woodfin’s federal lawsuits challenging Measure C’s constitutionality have been rejected; the last was dismissed June 7.

Emeryville has already spent hundreds of thousands of dollars litigating these two federal court cases and a pending state court case and processing worker complaints. The Woodfin now says it will appeal the city’s decision regarding back wages. City officials are urging the Woodfin to accept defeat.

"Please," Emeryville City Attorney Mark Biddle said, "let’s move on with life. Measure C is a pretty simple concept, and all the other hotels seem to be on board." The Woodfin, he told us, can "either keep fighting a useless cause and continue ringing up the bill or pay the workers what the law requires."

Calling in the feds

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› news@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

More nuclear on the bill

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by Amanda Witherell

It’s taken awhile, but Congress is finally moving toward federal legislation that would combat global warming in concert with the 2007 Energy Bill. The first of possible options was introduced today by New Mexico’s Senator Jeff Bingaman, and calls for all states to generate or purchase 15 percent of their power from renewable sources. That’s almost as good as what California already does, but definitely an improvement for the 26 states that don’t have such a mandate.

However, Binagaman’s Republican statesman, Pete Domenici is already trying to kick the knees out of the bill with an amendment to allow more nuclear power plants and so far unproven carbon capture sequestration technology to be permitted to meet that goal.

The Union of Concerned Scientists already has a “write your rep” campaign going…if you don’t think it’ll matter, remember all those border fanatics that stalled the immigration bill last week.

You can make a diff, too.

The drug war soldiers on

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› gwschulz@sfbg.com

It’s been five months since the Board of Supervisors passed Sup. Tom Ammiano’s ordinance directing the San Francisco Police Department to make cannabis busts its lowest possible priority.

But is it safe to say San Franciscans can openly smoke, grow, or distribute cannabis without being harassed by law enforcement, as the nighttime talk show hosts and news pundits are fond of pronouncing?

Eric Luce, who’s worked as a public defender in Jeff Adachi’s office for the past four years, doesn’t think so. He’s seen a spike in recent cannabis busts and has eight open cases right now involving small-time marijuana sales.

"They’re being charged every day," Luce said. "This is a fairly new phenomenon, and I think it’s linked 100 percent to getting felony conviction rates up."

One of Luce’s clients, a Salvadoran émigré, already faced a stacked deck without trouble from the police. She’s an HIV-positive, transgender woman with a history of clinical depression. During a string of undercover operations conducted by SFPD narcs throughout March and April, an officer approached the woman (Luce requested that the Guardian not publish her name), asking if she had crack.

No, she said, but she did have a little pot, what turned out to be half a gram, hardly enough for a joint. The officer offered $5 for it, but she declined and turned to leave, declaring that she’d rather just smoke it herself. So he raised his offer to $10. She said yes and was arrested.

More than a month later, she remains in jail, and although she was granted amnesty in the late ’80s and has spent the past 25 years in the United States, Luce said, the arrest threatens her immigration status.

In another recent case, three men were arrested at Golden Gate Park in early March for allegedly selling an eighth of an ounce to an undercover narcotics officer. All told, police claim the trio possessed a half ounce between them. One defendant spent a month in jail for it, and Luce’s client, a homeless man named Matthew Duboise, was only released after Luce persuaded a judge that the officers had searched him illegally.

If Luce’s clients otherwise accept guilty pleas simply to get out of jail, District Attorney Kamala Harris gets to characterize these pleas as felony convictions of drug dealers — a significant distinction during an election year — even as she claims publicly to back the concept of low priority. Like so much about the drug war, Ammiano’s ordinance, joined by a handful of other piecemeal legislative attempts in California to soften prohibition, creates as many questions as it does answers.

How would police officers officially make cannabis a low priority? Could they look the other way without sanction? Does the SFPD even care what city hall decides if federal agents continue to insist through their actions and words that possessing or using cannabis in any form is still against the law?

In recent weeks we contacted the defendants in three additional local cannabis busts, ranging from large to small quantities, but none of them would speak to us even off the record about their cases, fearing a backlash at pending court hearings. So we visited the very unsophisticated criminal records division at the Hall of Justice on Bryant Street for a crude statistical analysis of recent marijuana charges filed in the city.

Using the hall’s record index, we conservatively estimated there were well more than three dozen cases filed by the District Attorney’s Office since the beginning of 2007 involving violations of California’s Health and Safety Code, section 11359, felony possession of marijuana for sale. The tally is just for simple drug charges, and that doesn’t even count cases with accompanying charges, like weapons possession or violent assault.

So where are all these cases coming from?

Sharon Woo, head of the DA’s narcotics unit, points out that Ammiano’s legislation specifically exempts "hand-to-hand sales" in public places and was amended — notably at the 11th hour before its passage — to include such sales "within view of any person on public property." She said most of the cases we identified, like the two mentioned above, involved an SFPD response to grumbling from residents about drug sales in certain neighborhoods. The resulting undercover sweeps net 20 to 50 suspects each time.

"The [Police] Department is really answering a community request for assistance, and we’re prosecuting based on the information they give us," Woo told the Guardian. "When it’s in an open place, a public place, we treat hand-to-hand sales of marijuana as seriously as any other type of crime."

Those are only the cases for which there’s a paper trail. Gary Delagnes, president of the San Francisco Police Officers Association (SFPOA) and a former narcotics officer, told us police in the city are more than likely to simply book confiscated marijuana without filing charges against the suspect to avoid paperwork and the perceived inevitability by the SFPD rank and file that Harris won’t prosecute small-time users or growers, at least not with the zeal they’d prefer.

That means the index we scanned wouldn’t reflect instances in which police simply confiscated someone’s pot — possessed legally or illegally — or cases in which a suspect was never arraigned in court but still endured being ground through the criminal-court system. And it’s worth mentioning that at least under city rules, a qualified medical marijuana patient can possess up to eight ounces of dried cannabis, a considerable amount.

Delagnes says marijuana should be fully decriminalized. "But if somebody calls us and says, ‘Hey, look, there’s a place next door to me, and it stinks like marijuana to high heaven, and I just saw a guy in the backyard with 50 marijuana plants,’ what are we supposed to tell the guy on the phone? ‘Tough shit’?"

What’s remarkable is that San Francisco has been through all this before — 30 years ago. Local voters passed Proposition W overwhelmingly in 1978, demanding that law enforcement officials stop arresting people "who cultivate, transfer or possess marijuana."

Dale Gieringer, director of California’s National Organization for the Reform of Marijuana Laws, said San Francisco all but forgot Prop. W. So how do you prevent the same thing from happening to Ammiano’s ordinance? "You don’t. Law enforcement is unmanageable," Gieringer said. "You have to get state law changed. The only way I know to get state law changed is you … try to build up local support before you finally go statewide, which is exactly what we did with medical marijuana."

Gieringer, who helped Ammiano’s office pen the most recent law, said it was modeled after a similar Oakland version, which explicitly made an exception for street sales. "We were protecting private adult cannabis offenses with the understanding that we didn’t want marijuana sold in the streets, which has been a real problem in Oakland and other places," Gieringer said. "You get all of these neighborhood complaints."

But in another case we reviewed from court records, a suspect named Christopher Fong was pulled over in January near Harold Street and Ocean Avenue and arrested for allegedly possessing five bags of marijuana.

He had a doctor’s recommendation but no state-issued medical cannabis card, according to court records. Under Proposition 215, passed by voters more than 10 years ago, you still don’t need a license to prove to officers you’re a cannabis patient, a fact Woo from the DA’s Office didn’t seem fully aware of during our interview. San Francisco state assemblymember Mark Leno simply created the license system in 2003 to encourage law enforcement to stay off your back with the right paperwork.

So despite each of California’s awkward lurches toward decriminalization, without a complete, aboveground regulatory scheme, users still exist in a form of criminal purgatory, and demand for cannabis still spills onto the street. The most anyone can pray for is being confronted by a cop who happens to be in a good mood that day.

"It still comes down to the discretion of the cop," Ammiano told us.

His law nonetheless quietly represents something that few other decriminalization efforts have in the past: its premise does not hinge on the notion that cannabis possesses medicinal qualities. It simply says taxpayers are weary of spending $150 million statewide each year enforcing marijuana laws and clogging courts, jails, and the probation system with offenders.

The ordinance also includes the formation of a community oversight committee composed of civil liberties and medical cannabis advocates. They’ll be responsible for compiling arrest rates and obtaining complaints from civilians in the city who believe they’ve been unfairly accosted by officers.

"I think [the department] would be more likely to take it seriously if they received a lot of complaints about what they’re doing," said Mira Ingram, a cannabis patient and committee appointee. "So I’m hoping with this committee, we’ll be able to bring all of this stuff out and be a sounding board for people who have problems with [police]."

Ammiano’s office told us the ordinance simply codifies what was already the prevailing attitude in the SFPD’s narcotics unit. But it remains doubtful as to how far the cannabis committee could go in forcing fundamental changes in department culture, especially considering the committee couldn’t punish officers for vioutf8g the lowest-priority law or even for refusing to provide detailed information about individual cases.

"Until we can change that culture, it’s not going to go away," admits Michael Goldstein, another committee appointee. "It would be my hope that … eventually we would have some empowerment to forestall and limit what they do in that regard. But you understand what it takes to completely transform an organization like that. It ain’t gonna happen. I’ve been around [San Francisco] for 30 years."

While Delagnes told us that he’s not altogether opposed to the idea of repealing prohibition, the SFPOA has attacked local officials who publicly support cannabis users, a signal that even after an entrenched, decades-long war against narcotics, the Police Department may be a long way from making marijuana a truly low priority.

Police commissioner David Campos, an aspirant to the District 9 supervisor seat now held by Ammiano, drew fire from the SFPOA when he recently criticized a regular antagonist of the city’s medical marijuana dispensaries, an SFPD sergeant and particularly aggressive drug cop named Marty Halloran.

"Commissioner Campos said Marty Halloran has no business being a police officer," Delagnes angrily told the commission in April. "Oh really? Well, for someone who has obviously dealt with this situation with a complete lack of integrity and has failed to act in a fair, impartial, and objective manner, I believe the opposite is true of Mr. Campos, and perhaps you should not be sitting on this commission."

Does that sound like an end to prohibition looms?

For Luce, the most alarming recent trend is officers finding a homeless street addict as a hook to direct them toward a more prominent dealer. When the arrest occurs, both are charged with felony possession of narcotics for sale.

"That’s not the point of these undercover narcotics operations," he said. "The point of them is to go after hardcore sellers. And what they’re doing is targeting the most vulnerable people out there, these addicts. It’s a way for the police to say, ‘We’re arresting dealers.’" *

Sam Devine contributed to this story.

No Bez at Happy Mondays’ Coachella appearance

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I know you hate to bellyache but apparently the moment is here for nostalgic baby ravers. Happy Mondays dancing fellah Bez was stopped at the border and won’t be fronting the band at the group’s first US performance in 15 years at Coachella Sunday, April 29. Read the statement from their reps and weep:

happymondays.jpg

Due to tightening immigration and working visa legislation, Bez was not, unfortunately, able to secure a visa to perform at Coachella this weekend.

Bez will however be appearing in the UK in May with Happy Mondays on their sold-out UK tour.

Happy Mondays apologies to all their US fans that they will not, on this occasion, be able to enjoy the spectacle of Bez shaking his stuff for them at Coachella.

As legendary for their lifestyle as their unique collision of rave beats, indie rock and street poetry, the biggest surprise is probably that the band members have even survived this long. But they have, and Shaun Ryder, Bez, and Gaz Whelan have a brand new album tucked under their arms. The biggest question on most peoples’ lips is, probably, why now?

Stand up for immigrants, Mr. Newsom

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OPINION President George W. Bush’s war on immigration is wreaking havoc on San Francisco’s immigrant community. Across the Bay Area and in San Francisco, Immigration and Customs Enforcement (ICE) officials have been carrying out raids at homes and workplaces, near schools, and, in broad daylight, on the streets. Hundreds of immigrants have been deported, devastating families, separating parents from United States–born children, and leaving entire neighborhoods in a state of fear.

There are few other neighborhoods that feel the ICE war more than the Mission District, the Latino heart and soul of San Francisco. So it was especially painful to sit through a two-hour town hall meeting orchestrated by Mayor Gavin Newsom on March 26 at César Chávez Elementary School in the Mission. Never once did he acknowledge vocal community members’ concerns over ICE sweeps and civil rights abuses. Instead, as predicted, he kept to the script, selecting two dozen questions out of 70 that were submitted by more than 250 attendees. Despite the loud chants, luchadores dressed in capes and masks, and bold visuals that called for a stop to the ICE raids, the mayor continued to talk and talk and talk some more about the health care access initiative.

Health care access is an important issue — residents and workers throughout the city appreciate the mayor’s efforts and welcome any relief for the thousands of uninsured, low-income, and undocumented residents of San Francisco. But right now the streets of the city are hot, and immigrant families are scared to leave their homes, send their kids to school, go to work, or even seek medical care at General Hospital for fear of being swept up, displaced, and deported.

Fortunately, there are some protections in the city. In 1989 the immigrant-rights movement, with the support of elected officials, established the sanctuary ordinance, which bars city officials, the Police Department, and other city agencies from cooperating with federal immigration officials. But in light of the most recent aggression, the time has come for our mayor and our elected officials to do more.

In 2004, in a rightful act of civil disobedience, a defiant Newsom stood up for justice by marrying same-sex couples, a landmark event in US civil rights history. It’s time for the mayor to once again stand up for justice by supporting the immigrants who make great contributions to this city and the nation.

Mayor Newsom, show us that your stance on civil rights has no limits and is inclusive of immigrant workers and families. Show us that you were not just currying favor or seeking votes but are truly committed to all civil rights issues.

Join with us:

March with the immigrant community to protest the ICE raids.

Convene a meeting with ICE officials, Rep. Nancy Pelosi, Senators Barbara Boxer and Dianne Feinstein, and community members.

Increase city resources for legal and educational services that help immigrants get on the pathway to legalization.

Support the current day-laborer center and use day laborers’ input in the future expansion and creation of worker centers.

Support the immigrant-led planning process in the Mission District, which calls for more affordable housing and jobs. *

Oscar M. Grande

Oscar M. Grande is a community organizer with PODER, People Organized to Demand Employment Rights.

SFIAAFF: Freedom isn’t free

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› cheryl@sfbg.com

Aside from one upbeat depiction of Hawaii’s only all-male hula school (Na Kamalei: The Men of Hula), the nominees in the San Francisco International Asian American Film Festival’s documentary competition are nearly as similar in execution as they are in theme. Immigration tales, filmed in high-definition video from a first-person perspective, abound. Though homelands (Cambodia, Vietnam, Japan, and Korea) differ, there’s remarkable commonality among the subjects, who display the kind of internal scars only great suffering can inflict. The need for closure is undeniable; the journey is, of course, captured by a lens that has no qualms about getting way up close and personal. On more than one occasion, the filmmaker wielding the ever-present camera is an immediate family member.

The strongest pair happen to be the two that are the most alike: Doan Hoang’s Oh, Saigon and Socheata Poeuv’s New Year Baby. Hoang was only three years old on April 30, 1975, the day her family scrambled aboard the last civilian helicopter out of Vietnam at the end of the war. She remembers only her middle-class life in Kentucky, but her family — including an older half sister who was left behind amid the chaos of their escape — remains very much affected by the past. Two return trips to Saigon open old wounds even as they strengthen bonds weakened by decades of resentment and estrangement. "I had not understood what he lost when we left Vietnam," Hoang reflects when her father explains that his "true home" no longer exists. Oh, Saigon is greatly elevated by her insightful narration as well as the film’s graceful editing.

New Year Baby, about Texas-raised filmmaker Poeuv’s Cambodian family, exactly parallels some of Oh, Saigon‘s threads of painful secrets, including arranged marriages and siblings torn apart by politics. In addition, it features a group trip back to Cambodia complete with tearful reunions and probing questions raised by a constantly filming daughter. Animated interludes stand in where archival footage can’t, such as when Poeuv’s sisters remember what life was like under the Khmer Rouge. It’s a sensitive, emotional film that — like Oh, Saigon — makes one family’s journey symbolic of what war can do to the innocent, both those who remain amid the conflict and those who attempt to reestablish their lives elsewhere.

Without a daughter behind the camera shooting The Cats of Mirikitani (by Linda Hattendorf), And Thereafter II (by Hosup Lee), or Bolinao 52 (by Duc Nguyen), you’d think these docs would play out on a less intimate level. Instead they’re just as harrowing — Lee’s film often uncomfortably so. With self-referential asides (including his fear that he’s exploiting his subject), Lee follows Ajuma, a Korean woman who describes herself as an "ex–American whore" who met her husband (an American soldier, now deceased) "in the fuck business." She’s lonely and friendless and speaks very little English, even after decades in the States. Lee isn’t quite sure what to do with her except capture her hard-earned bitterness on tape.

By contrast, Hattendorf basically adopts the focus of her film — 85-year-old Japanese American Jimmy Mirikitani — after Sept. 11. Homeless, he moves into her New York City apartment and grudgingly accepts her help (getting a Social Security check, finding housing, contacting relatives, etc.), never ceasing to skillfully draw landscapes, flowers, and animals, as well as scenes from his memories. In return, he allows her to uncover his life story, which includes a childhood in Hiroshima and a young adulthood spent in a California internment camp. As the shards of Mirikitani’s complicated biography come together (resulting in yet another return voyage, this time to a camp reunion), Hattendorf wisely keeps herself on the periphery of the proceedings. Yes, she’s a key part of what happens to him within the film — but Cats is first and foremost a portrait of the artist.

Sept. 11 also factors into A Dream in Doubt (about the hate-motivated murder of a Sikh man in Phoenix, Ariz.), and the motif of forced relocation surfaces again in Koryo Saram: The Unreliable People, about Joseph Stalin’s deportation to central Asia (now Kazakhstan) of ethnic Koreans formerly living near the Soviet Union’s North Korean border. But if you’re looking for the doc competition’s most horrific narrative, seek out Bolinao 52, a nevertheless gracious film that gets to the bottom of what happened to a group of Vietnamese "boat people" who attempted to leave their country in 1988. The trip turned tragic when the boat’s engine malfunctioned; though the refugees were starving and weak, a US Navy ship deliberately passed them by after forking over sundry supplies. Desperate, they resorted to cannibalism and possibly worse. As Nguyen observes, survivor Tung Trinh offers her account of the experience, travels to Bolinao (the village in the Philippines where the boat finally landed), and confronts one of the US sailors who was on the vessel that failed to stop. And if that kind of trauma can eventually lead to healing, there’s hope yet for the subjects of all the other films — not to mention the world as a whole. *

Guardian, ACLU seek ICE records

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The Bay Guardian, the ACLU of Northern California and the Lawyers Committee for Civil Rights have filed a Freedom of Information Act request seeking documents related the recent immigration raids in California.

The detailed request asks for a long list of documents explaining “Operation Return to Sender,” an Immigration Customs and Enforcement crackdown that had led to 13,000 arrests nationwide.

“Some of the abusive practices reported extensively in the press include: illegal entries and searches by ICE agents, misidentification of ICE agents as member of local police forces, inappropriate tactics related to children including conducting round-ups near schools and leaving minor children unattended upon their parents’ arrest, ethnic profiling, violations of due process and abusive treatment,” an ACLU press release notes.

“When the Mayor of Richmond describes the ICE raids as imposing a ‘state of terror’ and parents are afraid to send their children to school, civil rights organizations must investigate possible civil rights violations,” said Julia Harumi Mass, staff attorney of the ACLU-NC. “The first step is to see all the records regarding the planning and implementation of Operation Return to Sender in northern California.”

The Guardian has worked with the ACLU in the past on federal FOIA requests, most recently seeking information about clandestine Pentagon spying on local peace groups.

Below is the press release:

ACLU Seeks Records on Immigration Enforcement Actions
in Northern California

Groups Investigate Possible Civil Rights Violations

SAN FRANCISCO – The ACLU of Northern California, the San Francisco Bay Guardian, and Lawyers’ Committee for Civil Rights of the San Francisco Bay Area filed a Freedom of Information Act (FOIA) request today seeking records reutf8g to recent enforcement actions conducted by U.S. Immigration Customs and Enforcement (ICE). The ACLU-NC has requested expedited processing because of the urgency of this issue to members of several northern California communities.

The ACLU-NC is seeking documents regarding the recent ICE actions undertaken as part of “Operation Return to Sender” in Contra Costa, San Mateo, Santa Cruz, San Benito, San Francisco, and Fresno counties to name a few. Operation Return to Sender was launched in May 2006 and has led to the arrest of at least 13,000 people nationwide.

Some of the abusive practices reported extensively in the press include: illegal entries and searches by ICE agents, misidentification of ICE agents as member of local police forces, inappropriate tactics related to children including conducting round-ups near schools and leaving minor children unattended upon their parents’ arrest, ethnic profiling, violations of due process and abusive treatment.

“When the Mayor of Richmond describes the ICE raids as imposing a ‘state of terror’ and parents are afraid to send their children to school, civil rights organizations must investigate possible civil rights violations,” said Julia Harumi Mass, staff attorney of the ACLU-NC. “The first step is to see all the records regarding the planning and implementation of Operation Return to Sender in northern California.”

The ACLU has reviewed a number of complaints concerning ICE conduct that raise serious concerns about racial profiling and other constitutional violations. Finding out the truth about the raids—which are reportedly resulting in the arrest and deportation not only of “fugitives” with criminal histories, but many residents whose only unlawful actions relate to being in the country without authorization—is particularly important as Congress takes on the question of how to address the vast numbers of undocumented immigrants who currently live and work in the United States.

“If the federal government is going to spend taxpayers dollars on a very questionable enforcement action, the public has the right to know the details of how it was implemented — and particularly how local law enforcement agencies in cities like San Francisco, which has a policy of not co-operating with ICE, were involved,” said Tim Redmond of the San Francisco Bay Guardian.

Mass added: “We are seeking expedited processing because of the urgency of this issue. ICE enforcement actions have been widely reported in the press and have raised serious concerns about federal misconduct. The reports have caused widespread anxiety in communities throughout northern California.” If expedited processing is granted, the ACLU FOIA request would be processed “as soon as practicable,” and prior to the agency’s large backlog of less urgent requests.

The Lawyers’ Committee for Civil Rights is accepting calls from members of the public who believe they were victims of abusive and unlawful ICE enforcement tactics. The ACLU-NC will be working with the Lawyers’ Committee for Civil Rights to evaluate information from the public as part of their investigation into the raids.

For a copy of the FOIA visit www.aclunc.org.

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. *

Law enforcement’s real battles

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OPINION In order to be smart on crime, law enforcement needs to make important choices about where to focus our resources. Unfortunately, the Bush administration has been making poor choices, and those choices are hitting home in San Francisco.

Recently, Immigration and Customs Enforcement (ICE) has conducted raids in San Francisco and around the Bay Area, rounding up immigrants at their jobs and schools, in some instances with ICE agents announcing themselves as police. These actions sow fear in the immigrant community among undocumented and documented residents alike.

The raids conducted in San Francisco present many of us in local law enforcement with a great concern. One of law enforcement’s biggest challenges to protecting crime victims in immigrant communities is encouraging them to come forward. Because immigrants are often afraid to report crimes, they can be regarded as easy targets for violent criminals and con artists.

We all suffer when crime victims are isolated from law enforcement. If victims and witnesses do not report crimes or cooperate with law enforcement, criminals remain on the streets, and all of us are put at risk. That is why my office is holding immigrant resource fairs in the Mission District and Chinatown to support immigrant rights and to make clear to community members that they are protected by San Francisco’s Sanctuary Ordinance and that my office will not report them to ICE when they come forward as witnesses or victims of crime. Rather than driving immigrants deeper into the shadows, we need to encourage those who have been victimized by crime to work with us to hold criminals accountable.

At the same time, the US Justice Department is walking down an ominous path by threatening journalists with prison time when they protect their confidential sources. In San Francisco the US attorney has held journalist Josh Wolf in prison since September 2006. Wolf should be released. For very good reasons, 31 states, including California, have shield laws upholding the rights of journalists to protect the secrecy of their sources and unpublished information. We need a federal shield law as well.

Of course, I believe crimes against police officers should be aggressively prosecuted. But I also believe that federal authorities have an obligation to respect the First Amendment. Free speech rights are critical to the work of journalists, university researchers, organized labor, and all of us in a democracy. The Justice Department should recognize the importance of protecting free speech, not only as constitutional and civil liberties issues but as smart public safety policy. Journalists play a key role in connecting us to individuals with information about crimes, and threatening the confidentiality of their sources has a chilling effect. If sources fear their confidentiality will not be protected, they will be less likely to come forward to journalists with information that could expose corruption or assist us in solving violent crimes.

Cities across the country are grappling with serious gang violence. Precious resources should be focused on addressing violence, gun crime, and major white-collar crime, not wasted on prosecuting journalists and conducting immigration raids that sweep up innocent residents, actions that hinder our efforts to build trusting relationships with vulnerable, victimized communities and keep the public safe. *

Kamala Harris

Kamala Harris is the San Francisco district attorney.

The ballad of Carmelo

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By the time you read this, a whole lot of filmmakers, publicists, journalists, and miscellaneous affiliates from Los Angeles will have once again descended on Utah for the annual feeding frenzy known as Sundance. Just what the aforementioned feed on isn’t always or exactly movies — the original raison d’être can get lost in the general scuffle. Classic old-school festival films — those quiet, starless character dramas and vérité documentaries sans hot-button topic and celebrity endorsement — tend to get elbowed to the back of the crowd by more pushy types.

Such was the case two years ago for Romántico, which finally gets a theatrical release this week. As good as if not better than anything else in Sundance’s 2005 American Documentary Competition, it nonetheless attracted no awards and scant interest. Admittedly, a film about undocumented immigrant Mexican musicians in San Francisco didn’t sound so compelling next to docs about mentally ill indie rock heroes, death row exonerations, Enron, kick-ass jock paraplegics, clergy sex abuse, and every comedian in the world telling one dirty joke. Plus, there had been a lot of documentaries about undocumented Latin Americans in the States of late — like Iraq (and clergy sex abuse), it’s an inevitable subject du jour for nonfiction cinema.

Most similarly themed docs before and since Romántico have had a ripped-from-the-headlines feel, tackling specific issues with activist zeal. Several (Wetback: The Undocumented Documentary and Un Franco, 14 Pesetas among them) have been very good. But despite the concern they share, they’re like well-crafted news bulletins, while at core Romántico seems like something else entirely — soulful and poetic, its tone and narrative oddly reminiscent of ’40s Italian neorealist classics.

Part of the reason is that it simply looks great. A frequent cinematographer on other directors’ projects, Mark Becker shot his own first feature himself. Not only does he have a definite eye, but he also made the deliberate decision to shoot on film (16mm and Super 16) — an approach practically unheard of for a documentary these days. Yeah, yeah, new formats have done a great service in making the so-called seventh art more affordable, immediate, flexible, democratic, and so forth. But anyone who tells you video can look just as rich as film stock is high. It (still) just ain’t so.

Though he’s since moved to New York City, Becker was living in the Mission District when he became intrigued by Mexican émigré musicians who play for tips in the area’s restaurants and on its streets. They form a subterranean "bachelor culture," making enough money to support the wives and children back home they might not see for years on end.

Becker had a short film in mind until he met a protagonist worthy of long-form scrutiny — Carmelo Muñiz Sanchez, who serenades diners with familiar tragic love ballads as half of a duo with Arturo Arias. When Sanchez abruptly returned to Mexico for the first time in four years in late 2000, after hearing that his diabetic mother’s health had worsened, Becker followed.

Romántico was shot sporadically over a three-and-a-half-year span, time enough to capture dramatic changes in the lives of both Sanchez and Arias. When we first meet them, they’re sharing a minuscule flat with two other Mexicans and four Guatemalans who all work at the same car wash. (The number of roommates seems limited only by the amount of floor space on which to sleep.) Our protagonists also log long hours as entertainers, making as much as $50 each on a good night. This might seem a threadbare existence, but it allows Sanchez to support his mom, wife, and two daughters (both preadolescent when he left in 1997) in relative comfort. In their town of Salvatierra, less fortunate families routinely compel female members into prostitution to survive. Sanchez will do anything to shield his loved ones from that and from privation, even if it means painful separation from them. The more footloose Arias has fewer responsibilities. In fact, his tendency to fly off on benders of unpredictable duration is one of Sanchez’s biggest headaches.

A dignified but unpretentious man nearing 60 at the film’s start, Sanchez makes an engrossing hero, and he’s very interested in telling his story. His whole life has been a struggle, its only goal that his children’s lives not be. The reverse immigration journey of sorts that he undertakes is joyous because it leads to a family reunion. But it also soon underlines why he left in the first place: his earning prospects in Mexico, where his job options are limited to playing in mariachi bands and selling flavored ice from a pushcart for far less income, are a fragment of what they were off the grid in the United States. With getting a legal worker’s visa near impossible, he must consider a second dangerous border crossing at an age when many Northern gringos mull retirement. This isn’t a matter of creature comforts — it’s about money to keep his daughters alive, in school, and off the streets.

At just 80 minutes in length, Romántico doesn’t dawdle. Yet it has a contemplative tenor seldom found in contemporary documentaries, and the frequent beauty of its images is amplified by Raz Mesinai’s ethereal instrumental score as well as the mini–passion plays Sanchez and Arias sing. Like those theatrically despairing, sometimes suicidal, and frequently sexist songs of love gone wrong, Romántico is seductive in its melancholy — and so easily overwhelms emotional defenses that you’ll probably find yourself desperate to know what’s happened to Sanchez and Arias since the end of filming. *

ROMANTICO

Opens Fri/19

Lumiere

Shattuck Cinemas

See Movie Clock at www.sfbg.com

www.meteorfilms.org

>

Fast Food Nation

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Book lovers always lament movie adaptations: they rarely deliver. But Fast Food Nation, like a swift injection of growth hormone, adds flesh and character to the very real problems of where America’s food comes from and the different ways it’s absolutely mishandled. The feature film is based on the 2001 nonfiction book by journalist Eric Schlosser, who helped director Richard Linklater finesse the screenplay into something of a morality tale tracing the true origins of a Mickey’s hamburger.
Following the tangled strands of food production and consumption, the film jumps between the perspectives of exploited immigrant workers clad in Hazmat suits in a meat processing plant and Greg Kinnear playing the hapless corporate hack trying to figure out just how in the heck his company’s Big Ones are coming up contaminated on the buns. There’s a predictable arc to the narrative, most noticeable in teenage character Amber (Ashley Johnson), a bright-eyed Mickey’s employee who gets a see-the-light lesson from her ex-activist uncle (Linklater favorite Ethan Hawke). Paul Dano (Little Miss Sunshine) as the apathetic burger flipper is the perfect antidote to Amber’s painful optimism, serving up some old food service clichés. But his spit in the burger isn’t the biggest “eww-gross” moment.
Linklater, a vegetarian, wasn’t able to get permission to shoot in an American meat processing plant, so the movie uses real footage from a Mexican one that agreed to be filmed because Schlosser’s tale casts a true light on America’s despotic immigration policies. The scenes of women trading sex for jobs at the border-town plant become very believable when juxtaposed with images of real-time slaughter. Schlosser said workers at a Greeley, Colo., plant whom he interviewed for the book criticized the movie after a screening in Denver — the Mexican plant looked too sterile and unrealistic compared to where they work.
It’s been 100 years since Upton Sinclair’s The Jungle inspired laws to reform meat packing plants. By turning journalism into fiction and transutf8g that from print to real, stomach-turning imagery, Fast Food Nation once again questions America’s massive appetite. I still haven’t eaten meat since I saw the scene in which a cow’s skin is stripped off its body with a chain and a winch, a process more befitting an offshore oil rig than a slaughterhouse. (Amanda Witherell)
FAST FOOD NATION
Opens Fri/15 in Bay Area theaters
See Move Clock at www.sfbg.com
www.foxsearchlight.com/fastfoodnation

Oh, Alejandro

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These days finesse in the art of montage is too often used to compensate for ineptitude (or just laziness) in the art of storytelling. Of course, rhythmic, Eisensteinian montage can be beautiful in itself and can even bear the weight of actual substance. Right now there is no more impressive practitioner of this particular skill than Alejandro González Iñárritu, who since his first feature, Amores Perros, has worked on the kinds of expansive, crisis-driven, crisscrossing stories that practically require cathartic crescendos of pure editorial bravado.
González Iñárritu doesn’t write his own screenplays (Guillermo Arriaga does), and the two features since Perros have credited others as editors. But Perros, 21 Grams, and the new Babel are so much of a piece — conceptually, thematically, stylistically — and the work his collaborators have done elsewhere is so dissimilar that there’s no doubting González Iñárritu’s all-controlling hand.
Anyone who works on so ambitious a scale risks missteps and unevenness. Babel is a teetering monument, and its plot is hole pocked as if made of Swiss cheese. Yet it’s also better shaped as a whole than Amores Perros and carries its burden of existential hand-wringing less pretentiously than 21 Grams. Mercifully, it abjures the latter’s jaundiced palette for Rodrigo Prieto’s full-bodied, naturalistic wide-screen compositions. There are individual passages that are as dazzling as anything onscreen this year. Perros told three consecutive Mexico City stories; Grams interwove three chronology-scrambled threads set mostly in New Mexico (though originally conceived for Mexico City). Babel sprawls across the globe, tenuously linking tales of culture shock in Mexico, Japan, and Morocco.
The last is where San Diegan professionals Brad Pitt and Cate Blanchett have gone for reparative alone time. They’re about to reconcile, maybe, when a stray bullet from a young goatherd’s gun strikes their tour bus. The panic among fellow passengers and impact on innocent locals are ramped up by international media attention on this “terrorist act.”
The same couple’s two preschool children are back in San Diego with Mexican housekeeper-cum-nanny Amelia (Adriana Barraza). She’s willing to go the extra mile when the globe-trotting parents get in trouble — but not, when those troubles drag on, to miss her own son’s wedding. Amelia finally decides to take her towheaded charges across the border, with reckless nephew Santiago (Gael García Bernal) as their most untrustworthy chauffeur.
Ultimately connected to these dramas by the thinnest of threads, a third strand centers on deaf-mute Tokyo teen Chieko (Rinko Kikuchi). Her mother is dead, her CEO father distant. Further alienated from the speaking world, Chieko plunges into raver postures of wannabe nymphomania that are by far Babel’s least convincing or pointed ploy. Still, they engender the movie’s most exhilarating montage — an ecstasy-propelled joyride that arcs from desire to bliss to aftermath, only slightly overdoing the audio on-off effects meant to capture the nonhearing experience.
What is González Iñárritu saying here? Why are the near-death experiences of American yuppies straying outside their home safety zone — in nations painted as menacingly chaotic, even the director’s native Mexico — more vivid than the travails of residents? Surely that’s not González Iñárritu’s intention, but the star power of Pitt and Blanchett and the pixie perils endured by their fictive kids tend to tip the scales in that direction. In interviews the director says what he thought would be a movie about cultural differences ended up being about subjects — family, parenting, compassion — that unite all people. Babel does gesture thataway, yet its primary emphasis is on crisis creation and ambulance chasing. Hot-button issues like terrorism, illegal immigration, and US imperialism are diversionary flags González Iñárritu waves without actually signaling anything.
Among filmmakers working in this fashionable crazy-quilt-of-humanity genre, many less talented ones are even more convinced they’re making an important statement about life. Babel is so accomplished and urgent as spectacle that maybe it’s folly to expect more than the rewards of an engrossing, sweeping surface. Babel might not be a great movie, but you can’t watch it without knowing González Iñárritu will someday make one. SFBG
BABEL
Opens Fri/3 at Bay Area theaters
See Movie Clock at www.sfbg.com for theaters and showtimes
www.paramountvantage.com/babel
For Cheryl Eddy’s interview with director Alejandro González Iñárritu, go to www.sfbg.com/blogs/pixel_vision.

Working in the East Bay

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By G.W. Schulz

Both the issues of fair compensation for hotel workers and immigration rights merged this week in the East Bay with an emergency picket and a call to the police. Hotel housekeepers announced that a demonstration against Woodfin Suites Hotel in Emeryville would take place on Wednesday after claiming that the establishment threatened mass firings of immigrant workers who were demanding recognition of Measure C, a living wage and workload protection ordinance passed by East Bay voters in 2005.

According to a statement sent out by the non-profit East Bay Alliance for a Sustainable Economy, managers at Woodfin Suites gave workers 24 hours to re-submit work authorization forms or be fired. Ouch. The following day, workers delivered a petition protesting the re-verification demand and a hotel manager called the cops on them and kicked them out of the building. Since then, the 24-hour deadline has been extended to 14 days, but the hotel is still demanding a valid social security number, or workers who can’t provide one will be fired.

If that’s not enough, Woodfin Suites is suing the city of Emeryville over the ordinance, but according to an e-mail from EBASE organizer Brooke Anderson, their motion for a preliminary injunction has been denied.

“Workers see the hotel’s re-verification and termination plan as clear retaliation, which is illegal under both federal labor law and the living-wage ordinance,” the statement read.

More information can be found at EBASE’s Web site, www.workingeastbay.org.