Independent

Ethics? PG&E, Willie Brown, and Hearst

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What is there in the Hearst DNA that keeps it honoring the shameful deal that William Randolph Hearst made with PG&E in the late 1920s to reverse his long standing pro-public power and anti-PG&E position?

By Bruce B. Brugmann

And so when our Guardian reporter Amanda Witherell flashed the word that ex-mayor Willie Brown is still on the PG&E payroll, I sent the following note to Hearst corporate in New York City (which owns the San Francisco Chronicle):

“PG&E has disclosed a $200,000 payment to Willie Brown for ‘consulting services’ for 2007 in its annual report to the California Public Utilities Commission. Now that Willie is doing a featured top-of-the-page political column each Sunday in the Chronicle, I’m curious if he is doing a Chronicle column while still providing ‘consulting services’ for PG&E?

“If so, does Hearst have an ethics policy that covers this apparent conflict? Would it at minimum require disclosure of PG&E payments to Willie in this year and previous years and what was the nature of these ‘consulting services?’ I would appreciate a comment.”

Chronicle Editor Ward Bushee to his credit called me promptly to respond to my questions. (Let us just say his predecessors adopted a variety of stonewalling techniques to avoid answering such questions from the Guardian.)

As attentive Guardian readers know, there is a long history here between Hearst and PG&E and the Willie/PG&E incident is but the latest example of a geologic outcropping of some shameful Hearst history. Hearst was a powerful influence in pushing the original Hetch Hetchy public power project through Congress and beyond, then reversed his policy in the late 1920s as a condition to get a major loan from a PG&E-controlled bank. The pro-PG&E/anti-public power policy continues to this day and nobody I’ve talked to from Hearst through the years can explain why the policy is still in effect to this day.

There is also a juicy history with then Mayor Willie Brown and Hearst. Willie as mayor helped secretly orchestrate for Hearst the deal that allowed Hearst in 2000 to buy the Chronicle, give away the Examiner to the Fang family, and dissolve the Ex/Chron joint-operating agreement with the approval of the Justice Department. Remember all those horse-trading charges in which then Examiner publisher testified under oath that he had used the Examiner editorial pages as a bargaining chip with Willie. (“The Truth Hurts,” by Tali Woodward and Tim Redmond, Guardian 5/10/2000.)

Chronicle editor Ward Bushee to his credit promptly called me to respond. This was a refreshing change from his predecessors who went to creative lengths to stonewall on such questions. I asked Bushee if he knew about the PG&E payment to Willie and if Hearst considered this a conflict with its ethics policy for Willie to be on the PG&E payroll while, among other things, attacking the progressives who voted for the Clean Energy Act that PG&E is opposing with mighty muscle and many millions.

Bushee did not see a conflict nor think that disclosure of Willie’s clients was necessary. Bushee said that Willie is widely known, is “a man about town,” has a popular column, is subject to “strenuous editing,” but is “a freelance columnist who is free to pursue his business interests as any other person who is not a part of the staff.” He said that, if Willie were on staff, he would be subject to Hearst’s “ethical standards.”

Since this issue is of such journalistic importance, I summarized Bushee’s positions and sent him an email and asked if I had properly and fully reflected his and Hearst’s position. I also asked how he could reconcile his and Hearst’s position with the Ethics Code of the Society of Professional Journalists which states that “journalists should be free of obligation to any interest other than the public’s right to know…should avoid conflicts of interest, real or perceived…disclose unavoidable conflicts. (The Guardian and many media use the SPJ code.)

Bushee responded by email by my deadline (missing it by two minutes). He wrote, and I quote in full,

“I’m not going to cover the same ground that we did this morning. However, I will say that since Willie Brown’s column was introduced into the Sunday Chronicle, it has been very well received by readers because it is amusing, topical, controversial and informed. Willie has special connections to the Bay Area. That Wiliie Brown has outside interests and income was well noted when he undertook the column and was no secret to anybody who has followed his career.

“A summary of his political career was published when the column was launched.

“You well know that Willie is one of the most quoted San Franciscans in the Chronicle and other media outlets around the Bay Area. He is a sought-after guest for local, regional, and national TV shows. I’m told that you have been a guest of his radio show with Will Durst. Willie is not a journalist or a member of the news staff of the Chronicle, but his column goes through extensive planning with one of our most experienced journalists and then then same rigorous editing processes as any staff produced article. Our freelance agreements give the newspaper complete control of the content we use including his column. So if you question is that Willie is somehow avoiding ethical scrutiny, that’s not correct.

“Look, Bruce. If we ever found that Willie had knowingly used his column to benefit his clients, we would end the relationship. As with any agreement, trust is implicit.

“The Chronicle news staff always has aggressively—and fairly—covered Willie Brown as a newsmaker. And I have told our editors that I expect nothing less when Willie Brown makes news in the future.

“Besides that, Willie writes a great column. I’m delighted he is in the Sunday Chronicle.”

Well, I am still unable to crack the Hearst corporate fortress that has protected and promoted PG&E all these years and is now protecting and promoting Willie Brown as PG&E’s Secret Agent Man in this critical Clean Energy election. PG&E is conducting the most massive and nasty campaign ever against clean energy and public power, with huge Lies, and Hearst is once again refusing to cover the story, correct the lies, or give any indication it is not going to once again back PG&E all the way. Why?

This enduring Hearst position of more than eight decades raises some of the most tantalizing questions in American journalism: What is there in the Hearst corporate DNA that forces its editors and reporters in San Francisco to keep in effect honoring, against early Hearst history, against all evidence, and against all ethical standards, the shameful deal that William Randolph Hearst made with a PG&E- controlled bank in the 1920s to reverse his pro-Hetch Hetchy/anti-PG&E stand and go forever after with PG&E and against public power? (For details, see previous Guardian articles, Bruce blogs, and the authoritative David Nasaw biography of Hearst called “The Chief.”) Repeating for emphasis:

Why does Hearst allow a key PG&E lobbyist to write a featured political column in its Sunday paper without proper disclosure by either Willie or Hearst? Will the Chronicle today, in August of 2008, with a non-Hearst publisher and non-Hearst editor (meaning Frank Vega and Ward Bushee, both experienced executives who came new to Hearst with solid Gannet credentials) be allowed to cast off this terrible yoke and start covering PG&E, clean energy, public power, and the Raker Act scandal in a professional manner? Will Hearst and the Chronicle cover this critical Obama/Clean Energy election honestly?

Meanwhile, I am waiting anxiously to see what Willie and Hearst will report on the big Newsom party that PG&E is helping pay for at the Democratic National Convention in Denver. Newsom is gearing up to run as the “green progressive” candidate for governor, but there is no way in the world he can be Gavin the Green when he fronts for PG&E against the Clean Energy campaign in San Francisco and then lets PG&E stamp its logo on his forehead and derriere before a national political audience in Denver.

Newsom and Willie want to be known as real progressives but alas they are “PG&E progressives” and their opposition to the Clean Energy Act only illustrates the difference in 96 point Tempo
Bold between a real progressive with real green credentials and a PG&E progressive taking money to help with PG&E greenwashing and progressive bashing. Guardian City Editor Steve Jones will be at the Newsom event in Denver and will keep you posted. On guard, much more to come, B3

P.S. 1: The Hearst and Willie horse-trading story is my favorite example of Hearst ethics. (See our “The Truth Hurts” story.) Just a few hours into the Clint Reilly antitrust trial challenging the Hearst monopoly deal, Examiner publisher Tim White admitted, in no uncertain terms, that he had used the paper’s editorial pages as a bargaining chip with then Mayor Willie Brown shortly before Wille’s reelection bid in November of l999. White testified that at the Aug. 30, 1999 lunch with Willie, he suggested that the Examiner would give Willie more positive coverage if he’d get behind Hearst’s plan to take over the Chronicle and create a daily monopoly.

“You were doing a little horse trading of your own, weren’t you?” asked Reilly attorney Joseph M. Alioto.

“I was,” White said calmly.

The day after White’s testimony, Hearst issued a press release saying the company had “reaffirmed its policy that the content of news and editorial pages may not be negotiated or compromised in any way.”

And then came many pious denunciations from Hearst of White’s “horse-trading” with Willie and many solemn promises from Examiner and Chronicle editors that their news and editorial coverage wasn’t for sale. The ethics problem for Hearst was that, despite several news stories critical of Willie, the paper wound up two months after the lunch giving Willie a glowing endorsement for mayor with no reservations or discouraging words whatsoever. Willie had earned the endorsement by working with the ranking local and national Democrats to orchestrate the deal and knock out any official opposition. He even told Hearst that he had called then U.S. Attorney General Janet Reno and gotten assurances that the U.S. Justice Department would not intervene to stop the deal.

As we put it at the time: “The bottom line: it appears, based on all available evidence, that White was doing exactly what he had been sent out here to do–buy the Chron, shut down the Ex, and create a monopoly–and if he offered to trade positive coverage in the pages of the paper for the political clout it took to make that deal, that was just fine with the people at Hearst headquarters back in New York.”

However, we put some questions to Hearst and found that if such an ethics policy really existed at Hearst, nobody from Hearst could produce it, then or later, either at corporate in New York or at the Examiner in San Francisco. The Hearst spokesperson in New York told us that each Hearst publication had independent editorial policies and that we should contact the Examiner.

We contacted then Editor Phil Bronstein who told us the Examiner had an ethics policy, but that it covered reporters and editors, not publishers. “It certainly doesn’t cover situations like this,” he told us. He promised to fax over a copy but it never arrived. Again: Why don’t Hearst ethics policies apply to Willie and PG&E?

From Silicon Valley to “City Hall”

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› kimberly@sfbg.com

WWLD: What would Lilith do? Described by besotted music writers as the love child of Frederic Chopin and Sarah McLachlan, the supple-voiced imaginary spawn of Paul Simon and Joni Mitchell, classically trained singer-songwriter Vienna Teng freely confesses she’d be nothing if not for Ms. Fumbling Towards Ecstasy and Tori Amos — staples from her college days spent immersed in computer science studies at Stanford. But what of the most shadowy love buried in the South Bay native’s past? Walt. As in Disney. "I think I’ve always been influenced by Disney musicals," Teng says with some wry humor from Brooklyn, where she moved last year from San Francisco. "At least those from the Little Mermaid and Aladdin era. Yeah, I know it’s not a cool thing."

Adam’s fierce first love might not approve. But as the inspiration for the feminist-centered, oft-unplugged folk-rock fest known for giving the music of Amos and McLachlan a forum in the ’90s, Lilith would undoubtedly delight in the sweet, subtly elegant mixture of classical melodicism and pop chart-friendly folk on the 29-year-old Taiwanese American vocalist’s most recent CD, Dreaming Through the Noise (Zoe/Rounder).

Perhaps that early affinity for Disney’s protean fairy tale characters allowed Teng to imagine leaving her software engineer job at Cisco Systems, Inc. and begin playing coffeehouses on downtown Mountain View’s Castro Street seven years ago. Maybe that imaginative affinity led her to build the substantial following that fills venues like the Independent and has purchased 60,000 copies of her first two albums (Warm Strangers [Rounder, 2004] and Waking Hour [Virt, 2002]), and made it easy for Teng to put herself in the shoes of, for instance, gay couples on the brink of marriage ("City Hall") and drowned victims of Hurricane Katrina ("Pontchartrain").

For Teng, music is way of fully grasping topics weighing on her mind, "a more gentle exploration than editorials or speeches": she aims to write songs she doesn’t already hear out there. And next up for her forthcoming album is the challenge of crafting lyrics about global warming and suicide bombers. The latter is one number she hasn’t been able to finish, she says: "The more I read about it and research it, I realize, gee, it’s really hard to write about."

Still, the process of putting together her fourth full-length has been a refreshingly unrestrained experience. Teng and South Bay–bred coproducer Alex Wong assembled a chamber orchestra, tapping into Wong’s classical percussion background, and recorded everywhere from New York City and Indiana to SF’s Noe Valley Ministry and a spooky Victorian in the Mission District ("It was indeed haunted, but the owner explained it was just haunted by her old pets") — just to get that eerie feel for couple songs revolving around the past. "We pretty much indulged in every outlandish idea we’ve come up with," Teng says happily. "The joke is it’s basically two Asian American kids from an overachiever culture making an album together."

Vienna Teng performs 3:25 p.m., Sun/24, at Outside Lands‘ Avenues stage, Polo Fields.

Singing softly, carrying big ideas

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NICOLE ATKINS AND THE SEA


Atkins would probably do well on American Idol. Her big, bellowing voice sounds tailor-made for balladeering, and breathy, heartbroken pixie girls have edged talent like hers out of the indie market. But Atkins refuses to cover "Bridge Over Troubled Water," and has instead crafted a huge power-pop sound all on her own. (Laura Mojonnier)

1:40 p.m. Sun/24, Presidio stage, Lindley Meadow

DEVENDRA BANHART


Is the Venezuelan-bred naturalismo god a freak-gypsy poet-prophet, or just a rambling, acid-damaged ghost of San Francisco past? You decide, long-haired child. (Mojonnier)

2:15 p.m. Sat/23, Sutro stage, Lindley Meadow

BON IVER


Which one’s Bon? And is this really a … singer-songwriter? Regardless, Justin Vernon has made a gorg album — multitracked vocals and all — with For Emma, Forever Ago (Jagjaguwar). (Kimberly Chun)

3:10 p.m. Sun/24, Presidio stage, Lindley Meadow

BECK


Known as much for his musical range as his idiosyncratic artistic sense, Beck’s songs veer from dadaist dance tunes —à la Guero (Interscope, 2005) — to melancholy blues ballads like those on Sea Change (Geffen, 2002). He’s come a long way from 1994’s single "Loser" with his latest album, Modern Guilt (Interscope), a collaboration with coproducer Danger Mouse and guest Cat Power, proving that he’s no one-hit wonder, but rather a truly multidimensional songwriter. (Molly Freedenberg)

6:40 p.m. Fri/22, Sutro stage, Lindley Meadow

ANDREW BIRD


It isn’t easy to overshadow Ani DiFranco — especially in a concert hall filled with her fans. But that’s exactly what Bird did when he opened for the quintessential singer-songwriter on her 2005 tour. Bird’s spectacular vocal and musical abilities — particularly his trademark whistling and violin playing — are mesmerizing. But even more so is his ability to weave beautiful, emotionally honest songs from so many kinds of lyrical and musical threads. The combination has brought him not only acclaim, including a position blogging about his songwriting process for the New York Times, but status as an indie heartthrob. (Freedenberg)

3:35 p.m. Sun/24, Twin Peaks stage, Speedway Meadow

JACKIE GREEN


Polished Versatility is the SF singer-songwriter’s middle name, his first is Jackie, but fans call him their own personal Roots Savant. (Chun)

1 p.m. Sun/24, Lands End stage, Polo Fields

SEAN HAYES


Don’t you know you gotta water sunshine? The fiercely independent SF singer-songwriter has worked with all manner of great artists round town, including Ches Smith, Ara Anderson, Etienne de Rocher, and Jolie Holland. (Chun)

3 p.m. Sat/23, Presidio stage, Lindley Meadow

NELLIE MCKAY


So get off McKay’s back and take your ape-ish size 12 shoes off her madcap persona because, as the New York City singer-songwriter drawls on "Identity Theft," "I’m tired of maturity, airport and security, running from the thought police, fighting with the go-betweens." Yes, I hear Bob Dylan in those wildly loopy lines, but you gotta love the musical theater-inspired, wittily whittled wordsmith’s divine verbosity — via songs that leave ’em crying, with glee, at the disco. (Chun)

4:20 p.m. Sat/23, Panhandle stage, Speedway Meadow

REGINA SPEKTOR


Is it Spektor’s old world beauty or postmodern songwriting — both evident in her breakthrough video "Fidelity" — that charms audiences so much? We think it’s probably both, though her distinctive vocal style, songs that read more like short stories, creativity with instrumentation, and magnetism onstage are surely what have brought the Russian-born chanteuse so much success. (Freedenberg)

5:15 p.m. Sat/23, Sutro stage, Lindley Meadow

M. WARD


Sometimes Ward’s friends let him play on their records (Bright Eyes, Cat Power, Jenny Lewis). Sometimes Ward gets his friends to play on his records (My Morning Jacket’s Jim James, Neko Case). Sometimes Ward’s gently rollicking guitar flirts with Zooey Deschanel’s sweet country honey (She and Him). And sometimes Ward plays a big outdoor festival all by himself. (Mojonnier)

3:40 p.m. Sat/23, Sutro stage, Lindley Meadow

Comic drama

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Rock me, sexy Jesus — I mean, sexy, sniffle-y Steve Coogan. With a little luck, the British actor’s latest comedy will soon place those lyrics on the lips of teenaged malcontents — the same ilk that Coogan’s hemorrhoid-commercial thespian and high school drama theater Dana Marschz haplessly mentors in Hamlet 2. As a parody of inspirational teacher flicks, Hamlet 2 (see our review) is a rousing success — the type Mr. Holland would toss his opus for. It’s almost completely due to Coogan. In contrast to his brief, blotto turn through that other cinematic lampoon in the theaters, Tropic Thunder, he klutzes, kibitzes, and futzes, hilariously, through nearly every frame.

Hamlet 2 finds Coogan playing an American mired in a monochromatic Albuquerque. Marschz is a pathetic synthesis of ditziness, show-must-go-on hope, and ambition — writing Hamlet 2 seems the perfect way for him to exorcise his own fatherly ghosts and put a feel-good spin on that downer play. Yet it was the character’s bare-faced vulnerability that Coogan — known in the United Kingdom for his TV commentator Alan Partridge and stateside as an independent actor who has appeared in films by Michael Winterbottom, Jim Jarmusch, and Sofia Coppola — found most daunting.

"I think I’m going to fall flat on my face in everything I do, really," allows the actor, congested and "bunged-up" during the San Francisco stop of a press tour. "I’m used to playing comic characters who are often unpleasant people and who you somehow have some kind of empathy for. This guy isn’t awful or nasty. He’s vulnerable and foolish and slightly self-delusional. I could see how you could make him funny. [The trick is to make sure] the audience would care enough about him to see it through to the end. That was the tough thing."

Coogan meets the challenge. Now perhaps kids in music stores will call out for the actor’s drama geek or rocker Christ figure as much as his smirking, überhipster version of Tony Wilson in 2002’s 24 Hour Party People. "I feel very, very close to that film," Coogan says of Wilson, partly because he grew up in Manchester, where he often slipped into Wilson’s Hacienda nightclub. "All the events in that movie, I witnessed as a young teenager. When I did the movie, I felt like I was reliving my youth — except I was playing the guy at the center of the events, rather than the spectator."

Money for nothing

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› gwschulz@sfbg.com

Speaker of the House Nancy Pelosi seems to be feeling pretty confident in her reelection prospects this November, despite an independent challenge by high-profile peace mom Cindy Sheehan.

But that hasn’t stopped the San Francisco Democrat from raising big bucks from scores of interest groups who are contributing to her campaign committee and to the political action committee she controls, known as PAC to the Future.

Most of the money she’s raising is going toward assuring her continued power in Washington by giving it to the campaigns of other Democratic members of Congress, particularly those facing tough election battles that could threaten the party’s House majority.

Pelosi’s reelection committee has raised $2.36 million over the past two years, hundreds of thousands more than the average House member, according to federal campaign disclosure records and data maintained by the Center for Responsive Politics.

Her PAC raised an additional $585,000 during the current election cycle and spent $769,000, much of which has also gone to other candidate committees in payments of $5,000 and $10,000.

Many newly elected Democrats in the House represent conservative constituencies, and with her blessing they sometimes vote with Republicans to distance themselves from the party’s perceived liberal leaders like Pelosi, according to a new book published this month, Money in the House: Campaign Funds and Congressional Party Politics (Perseus, 2008). Democratic leaders in the meantime have continued a phenomenal fundraising spree to help protect those House members.

"Speaker Pelosi’s extraordinary financial commitment to her party, and especially to her party’s vulnerable members, illustrates the overriding emphasis congressional parties and members place on money," writes author Marian Currinder, a senior fellow at Georgetown University’s Government Affairs Institute. "And her encouragement of selective ‘opposition votes’ demonstrates the complexity of governing in a highly partisan and highly competitive political environment."

Even the day-to-day reelection expenses of Washington’s unrivaled leading lady are outsize, as Pelosi’s spending records show. In June 2007, she celebrated her 20th year in Congress with a glitzy fundraiser held in the capital’s Union Station that cost at least $92,000 and featured a performance by soul singer Patti LaBelle.

The bill included $25,393 for a slick video production; $61,105 on catering, rentals, and securing the site; $2,000 for hairstyling and wardrobe assistance insisted on by LaBelle; $2,824 on flower arrangements; and $1,396 for chocolates from a Pennsylvania-based confection maker.

Pelosi spent at least $650 from her campaign on makeup for the steady string of appearances she made after being sworn in as House speaker in January 2007. An annual fundraiser held this year at the Westin St. Francis in San Francisco cost $23,454 for catering and other expenses.

As for the top contributors to Pelosi’s reelection committee, they include several members of the Gallo family, proprietors of the E&J Gallo Winery, who gave a total of $23,000 through maximum individual donations of $4,600. The Modesto-based company has long made contributions to both parties, particularly enriching candidates who show a willingness to scale back or even throw out the federal estate tax, which affects the inheritances of the wealthiest American families.

The Corrections Corporation of America gave $2,300 to Pelosi and $2,700 to her PAC. CCA is part of a storied group of for-profit privatization companies in Nashville, Tenn. that are closely tied to former Republican Senate majority leader Bill Frist and includes the Hospital Corporation of America and Ardent Health Services.

Just this year, the state of California hired CCA to house 8,000 inmates at six of the company’s facilities; a significant portion will go to a new $205 million CCA complex under construction in Arizona.

The nation’s largest private jail company suffered bad publicity during the 1990s due to a series of high-profile escapes and inmate killings inside its prisons. It teetered on the edge of bankruptcy after overbuilding jails without having enough inmates available to fill them, but the George W. Bush administration helped save the company with a new homeland security agenda that called for confining rather than releasing undocumented immigrants while they awaited deportation or asylum-request proceedings. The company’s revenue jumped nearly a half-billion dollars over the last five years and its lobbying activities in Washington, DC have increased similarly.

The entertainment industry has ponied up its share to Pelosi as well. The maximum $4,600 donation came from Aaron Sorkin, powerhouse writer behind the long-running TV series The West Wing and the 2007 film Charlie Wilson’s War. Christie Hefner, a regular donor to Democrats and heiress to Playboy Enterprises, contributed $1,000.

Steven Bing, a Hollywood producer who inherited a real estate fortune, and billionaire Las Vegas developer Kirk Kerkorian gave thousands to Pelosi over the last two years. Kerkorian has given to both parties, but he and Bing share a special relationship after having fought a nasty tabloid war.

Kerkorian allegedly hired private investigators to sift through Bing’s trash in search of DNA evidence that would link him to a child borne by Kerkorian’s ex-wife, whom he was divorcing, according to a lawsuit filed by Bing. Vanity Fair in July described Bing as part of a skirt-chasing entourage that ran with Bill Clinton and threatened to tarnish Hillary Clinton’s presidential bid with its freewheeling bachelor reputation.

The wealthy Herbert and Marion Sandler, major supporters of MoveOn.org and other social justice causes, gave Pelosi a combined $9,200. The couple presided over the meteoric rise of Oakland mortgage lender Golden West Financial, which sold to Wachovia for $24 billion in 2006. The housing crisis led Wachovia to post staggering multibillion-dollar losses this summer, and some business writers have attributed its declining fortunes to the Golden West purchase.

In June, George Zimmer of Fremont, founder of the Men’s Warehouse, gave $2,300. Notable husband and wife political team Clint and Janet Reilly, both active as candidates and donors, contributed a total of $19,200 to Pelosi’s campaign and PAC.

"Essentially, raising money for the party and its candidates is required of leaders," Money in the House author Currinder told the Guardian. "Pelosi wouldn’t have been elected speaker if she wasn’t a stellar fundraiser."

So where is Pelosi’s money going if not to television ads for her own campaign? She divided $250,000 among the campaigns of approximately 70 congressional candidates, and disbursed about $532,000 more to them through PAC to the Future. The beneficiaries included $14,000 to Democrat Chet Edwards of Texas, whose district includes President George W. Bush’s Crawford ranch. Pelosi has publicly recommended him to Barack Obama as a possible running mate.

In addition, about half of the money Pelosi has raised since the beginning of 2007, slightly more than $1 million, went to the Democratic Congressional Campaign Committee in Washington, DC. She also gave to the Democratic parties of key battleground states including Indiana, Mississippi, Louisiana, and Ohio. She singled out Democrat Travis Childers of Mississippi for extra cash totaling $21,000. In May, Childers stunned observers by defeating a Republican in a special election held when a representative vacated his House seat to take over for conservative icon Sen. Trent Lott.

"She has had prodigious success raising funds for individual Democratic candidates, for the DCCC, and for her own campaign and PAC," Thomas Mann, a congressional scholar at the Brookings Institute, told us. "Most party leaders represent safe seats but nonetheless try to set a high standard for raising money to advance their party’s broader objectives."

Pelosi’s Capitol Hill and San Francisco offices directed our questions to her fundraising operations at the DCCC. Her political director there, Brian Wolff, called the war chest "another vehicle for her to communicate with constituents in California." But he conceded that the pressure is on, "especially now that we have so many candidates and incumbents that need help. It definitely falls on her to be able to have a very aggressive fundraising campaign."

Wolff insists, too, that the Democrats revolutionized fundraising by seeking out smaller donations from large numbers of people instead of returning to the same short list of affluent contributors they had in the past.

In general, top donations to Pelosi still have come from lobbyists and lawyers, the real estate industry, insurance companies, banking and securities firms, and Amgen, a major biotech researcher based in Thousand Oaks. Officials from the labor movement’s biggest new power broker, the Service Employees International Union, also gave substantial sums, as did other major unions. But they fell far behind the contributions of large business interests.

Art Torres, chair of the California Democratic Party, told us that health care reform failed in 1990s at least partly because of political spending by drug companies. But he said that Democrats winning the White House and expanding their majorities in Congress would create a greater mandate to overhaul the health care system.

"It’s always been about issues" rather than fundraising, Torres said. "When I’ve talked to her, it’s always been about ‘How can we get this or that legislation through?’<0x2009>"

It’s worth pointing out, however, that the nation’s largest drug wholesaler, McKesson Corp., is based in San Francisco, and donors from pharmaceutical companies gave Pelosi more than $85,000 this cycle. Drug companies have given freely to Democrats in the past, but Democratic officeholders "still voted against their interests every time," Torres said.

Pelosi’s campaign spending on everything but her own reelection shows she doesn’t regard Sheehan as much of a threat. But the antiwar candidate did make it onto the ballot Aug. 8 and the Sheehan campaign has raised approximately $350,000 since December in small contributions after refusing to accept money from PACs and corporations.

"We didn’t have the party infrastructure going into this," said Sheehan campaign manager Tiffany Burns, adding that Pelosi’s campaign expenditures are "just another example of how Pelosi believes she is entitled to this seat."

Pelosi can’t duck the next Bush war

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EDITORIAL The last time the George W. Bush administration began the saber-rattling that would take the nation into war, the Democratic leadership in Congress was afraid to say a word in opposition. It was that period of fear-driven politics just after 9/11, but even then, the evidence was pretty clear that Saddam Hussein and Iraq had never attacked the United States. And every intelligent observer around the world predicted (correctly) that invading Iraq would be an expensive, bloody, and ultimately counterproductive nightmare.

Now there’s talk about sending US troops to Georgia to help the Georgian army fight the Russians. (There are, according to the Army newspaper Stars and Stripes, 127 military trainers and advisors already in that country.) This time, there’s nothing resembling a national security threat; it’s just Cold War madness bubbling up again. And once again, there’s a resounding lack of protest from the leaders of the Democratic Party.

Rep. Nancy Pelosi and Majority Leader Steny Hoyer (D-Md.) joined the two top Republicans in the House, John Boehner of Ohio and Missouri’s Roy Blunt, in issuing a militaristic and aggressive statement that reads, in part:

"The bipartisan leadership of the US House of Representatives stands united in condemning — in the strongest possible terms — the recent Russian invasion of the sovereign state of Georgia. The United States is committed to Georgia’s absolute sovereignty."

The speaker herself, according to her press office, has said nothing further on the matter. She has not, for example, said she would oppose sending US troops to the region.

The US news media has done a terrible job of covering the geopolitics of the conflict, but if you read the British press, particularly the UK Guardian and The Independent (London), and you review what progressive think tanks are saying, you get a very different perspective. This isn’t simply a case of Russian aggression. As J. Victor Marshall, of the Oakland-based Independent Institute, put it in a piece that’s posted on sfbg.com:

"There’s no real doubt that Georgia began the latest conflict by launching an artillery barrage against South Ossetia’s main city the night of Aug. 7, though it claims to have been provoked by armed militants from the tiny region’s 65,000 people."

That’s not to say Russia reacted properly, or that the United States shouldn’t condemn the invasion. But the situation is a lot more complicated than the simple spectre of Russian tanks attacking a purported US ally.

And the prospect of the United States getting involved in that conflict — with American soldiers fighting Russians — has the potential to ignite a serious military conflagration.

Pelosi can’t be allowed to duck this time. She needs to come out strongly and say that she will not support sending combat troops to Georgia and will work to cut funding for any such military adventure.

Dreams of Obama

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› news@sfbg.com

Barack Obama, it is true, is a transformational leader. But he needs a transformational movement to become a transformational president.

He is transformational not only by his charisma and brilliance, but by embodying the possibility of an African American being chosen president in the generation following the civil rights movement. Whether he wins or loses, the vast movement inspired by Obama will become the next generation of American social activists.

For many Americans, the possibility of Obama is a deeply personal one. I mean here the mythic Obama who exists in our imaginations, not the literal Obama whose centrist positions will disappoint many progressives.

Myths are all-important, as Obama writes in Dreams from My Father (Three Rivers Press, 2004). Fifty years ago, the mythic Obama existed only as an aspiration, an ideal, in a country where interracial love was taboo and interracial marriage was largely banned. As Obama himself declared on the night of the Iowa primary, "Some said this night would never come."

The early civil rights movement, the jazz musicians, and the Beat poets dreamed up this mythic Obama before the literal Obama could materialize. His African father and white countercultural mother dared to dream and love him into existence, incarnate him, at the creative moment of the historic march on Washington. Only the overthrow of Jim Crow segregation opened space for the dream to rise politically.

In one of his best oratorical moments, Obama summons the spirit of social movements built from the bottom up, from the Revolutionary War to the abolitionist crusade, to the women’s suffrage cause, to the eight-hour day and the rights of labor, ending with the time of his birth when the walls came down in Selma and Montgomery, Ala., and Delano. As he repeats this mantra of movements thousands of times to millions of Americans, a new cultural understanding becomes possible. This is the foundation of a new American story that is badly needed.

Obama’s emerging narrative also includes but supercedes the other major explanation of American specialness, the narrative of the "melting pot," by noting that whatever "melting" did occur was always in the face of massive and entrenched opposition from the privileged.

John McCain represents a very different aspect of the American story. His inability to limit the adventurist appetite for war is the most dangerous element of the McCain, and the Republican, worldview. It is paralleled, of course, by their inability to limit the corporate appetite for an unregulated market economy. In combination, the brew is an economy directed to the needs of the country club rich, the oil companies, and military contractors. A form of crony capitalism slouches forward in place of either competitive markets or state regulation.

Yet McCain has a good chance, the best chance among Republicans, of winning in November. He appeals to those whose idea of the future is more of the past, buying time against the inevitable. And McCain is running against Obama, who threatens our institutions and culture simply by representing the unexpected and unauthorized future.

My prediction: if he continues on course, Obama will win the popular vote by a few percentage points in November, but will be at serious risk in the Electoral College. The institution, rooted in the original slavery compromise, may be a barrier too great to overcome.

The priority for Obama supporters has to be mobilization of new, undecided, and independent voters in up-for-grabs states like Pennsylvania, Ohio, and Michigan, while expanding the Electoral College delegates in places like New Mexico, Colorado, Nevada, and possibly Virginia.

There are many outside the Obama movement who assert that the candidate is "not progressive enough," that Obama will be co-opted as a new face for American interventionism, that in any event real change cannot be achieved from the top down. These criticisms are correct. But in the end, they miss the larger point.

Most of us want President Obama to withdraw troops from Iraq more rapidly than the 16 months promised by his campaign. But it is important that Obama’s position is shared by Iraq’s prime minister and the vast majority of both our peoples. The Iraqi regime, pressured by its own people, has rejected the White House and McCain’s refusal to adopt a timetable.

The real problem with Obama’s position on Iraq is his adherence to the outmoded Baker-Hamilton proposal to leave thousands of American troops behind for training, advising and ill-defined "counterterrorism" operations. Obama should be pressured to reconsider this recipe for a low visibility counterinsurgency quagmire.

On Iran, Obama has usefully emphasized diplomacy as the only path to manage the bilateral crisis and assure the possibility of orderly withdrawal from Iraq. He should be pressed to resist any escalation.

On Afghanistan, Obama has proposed transferring 10,000 American combat troops from Iraq, which means out of the frying pan, into the fire. On Pakistan, and the possibility of a ground invasion by Afghan and US troops, this could be Obama’s Bay of Pigs, a debacle.

On Israel-Palestine, he will pursue diplomacy more aggressively, but little more. Altogether, the counterinsurgencies in Iraq, Afghanistan, and Pakistan are likely to become a spreading global quagmire and a human-rights nightmare, nullifying the funding prospects for health care reform or other domestic initiatives.

In Latin America, Obama has been out of step and out of touch with the winds of democratic change sweeping the continent. His commitment to fulfilling the United Nations anti-poverty goals, or to eradicating sweatshops through a global living wage, is underwhelming and — given his anti-terrorism wars —will be underfinanced.

And so on. The man will disappoint as well as inspire.

Once again, then, why support him by knocking on doors, sending money, monitoring polling places, and getting our hopes up? There are three reasons that stand out in my mind. First, American progressives, radicals, and populists need to be part of the vast Obama coalition, not perceived as negative do-nothings in the minds of the young people and African Americans at the center of the organized campaign.

It is not a "lesser evil" for anyone of my generation’s background to send an African American Democrat to the White House. Pressure from Obama supporters is more effective than pressure from critics who don’t care much if he wins and won’t lift a finger to help him. Second, his court appointments will keep us from a right-wing lock on social, economic, and civil liberties issues during our lifetime. Third, it should be no problem to vote for Obama and picket his White House when justified.

Obama himself says he has solid progressive roots but that he intends to campaign and govern from the center. It is a challenge to rise up, organize, and reshape the center, and build a climate of public opinion so intense that it becomes necessary to redeploy from military quagmires, take on the unregulated corporations and uncontrolled global warming, and devote resources to domestic priorities like health care, the green economy, and inner-city jobs for youth.

What is missing in the current equation is not a capable and enlightened centrist but a progressive social movement on a scale like those of the past.

The refrain is familiar. Without the militant abolitionists, including the Underground Railroad and John Brown, there would have been no pressure on President Lincoln to end slavery. Without the radicals of the 1930s, there would have been no pressure on President Franklin Roosevelt, and therefore no New Deal, no Wagner Act, no Social Security.

The creative tension between large social movements and enlightened Machiavellian leaders is the historical model that has produced the most important reforms in the course of American history.

Mainstream political leaders will not move to the left of their own base. There are no shortcuts to radical change without a powerful and effective constituency organized from the bottom up. The next chapter in Obama’s new American story remains to be written, perhaps by the most visionary of his own supporters.

Progressives need to unite for Obama, but also unite — organically at least, and not in a top-down way — on issues like peace, the environment, the economy, media reform, campaign finance, and equality like never before. The growing conflict today is between democracy and empire, and the battle fronts are many and often confusing. Even the Bush years have failed to unite American progressives as effectively as occurred during Vietnam. There is no reason to expect a President McCain to unify anything more than our manic depression.

But there is the improbable hope that the movement set ablaze by the Obama campaign will be enough to elect Obama and a more progressive Congress in November, creating an explosion of rising expectations for social movements — here and around the world — that President Obama will be compelled to meet in 2009.

That is a moment to live and fight for.

Tom Hayden is a longtime political activist and former California legislator. This article was commissioned by the Association of Alternative Newsweeklies, of which the Guardian is a member, and is being carried in newspapers across the country this week.

Georgia: Media forces conflict into Cold War frame

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By Bruce B. Brugmann

FAIR made a key point in its analysis of the conflict between Russia and Georgia over South Ossetia (8/14/08).

The Fairness & Accuracy in Reporting media advocacy group wrote about the big corporate media coverage:

“A striking feature of the coverage was the ability of pundits who have enthusiastically advocated for U.S. invasions of sovereign countries, dismissing concerns that these would violate international law, to demand that Russia be punished for breaking the same law by violating Georgia sovereignty.

“These commentators seemed blissfully unaware of the contradiction, as when New York Times columnist William Kristol wrote (8/11/08) that ‘in Iraq, we and our Iraqui allies are on the verge of a strategic victory over the jihadists,’ citing this as evidence that 2008 was ‘an auspicious year for freedom and democracy,’ while two paragraphs later condemning the fact that ‘Russia has sent troops and tanks across an international border.’ Kristol even cited Georgia’s eager participation in the violation of Iraq’s sovereignty as a primary reason that ‘we owe Georgia a serious effort to defend its sovereignty.'”

FAIR noted that “alternatives to the official media narrative were difficult to find outside of independent and foreign media.” I particularly liked the linked Guardian piece (8/14/08) by Seumes Milne: “This is a tale of U.S. expansion, not Russian aggression. War in the Caucacus is as much the product of an American imperial drive as local conflict. It’s likely to be a taste of things to come.” B3

Click here to read FAIR (Fairness and Accuracy in Reporting) media advisory titled, Georgia/Russia Conflict Forced Into Cold War Frame.

Sun protection failures

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› amanda@sfbg.com

GREEN CITY Have you ever spent a day at the beach, dutifully slathering yourself with sunscreen — only to return home with the unmistakable prickle of a sunburn?

It’s probably because your sunscreen isn’t doing what it claims, according to a recent analysis conducted by the Washington, DC–based Environmental Working Group. The nonpartisan, nonprofit group known for watchdogging consumer products studied 952 sunscreens with a sun protection factor (SPF) of 15 or higher and discovered that 80 percent contain harmful chemicals and didn’t really protect skin from the most damaging rays of the sun.

And, the report charged, the three top selling sunscreen companies — Coppertone, Banana Boat, and Neutrogena — produce some of the most toxic and useless products. Even ones you might find on the shelves of your health food store, like Alba organic lavender sunscreen, contain oxybenzone, which allegedly disrupts hormones.

Although there is no definitive science on the effects of oxybenzone, studies have shown that "mothers with high levels of oxybenzone in their systems were more likely to have low birth weight baby girls," said Rebecca Sutton, a staff scientist with a PhD in environmental chemistry who works for the Oakland office of EWG.

Julie Lux, a spokesperson for Coppertone, said the company’s products are reviewed by independent scientists and dermatologists and said she’s "concerned that reports like the one released by the Environmental Working Group (EWG) will inappropriately discourage consumers from protecting themselves from the sun."

Ariel Kern, a spokesperson for Sun Pharmaceuticals, said the company "stands behind the safety and efficacy of Banana Boat products" and Iris Grossman, a spokesperson for Neutrogena, said that company’s products have been patented and tested.

A sunscreen’s SPF indicates protection from the short-wave UVB rays that cause sunburn, but it’s the long-wave ultraviolet radiation (UVA) that is more directly linked to cancer. Even so, protecting against UVA radiation isn’t currently required. Furthermore, nearly 50 percent of the products tested by EWG deteriorated in the sun, "raising questions about whether these products last as long as the label says," read the report.

The Food and Drug Administration has the authority to regulate sunscreens, but the agency’s standards have been a 30-year work in progress and are relatively limited. Despite a congressional mandate to update the regs by May 2006, the FDA is just now entering the latter stages of its rulemaking, spokesperson Rita Chappelle told us.

Currently the agency is proposing more thorough labeling protocols, including a new four-star system for UVA protection. Additionally, sunscreens manufacturers will not be allowed to say that their products are waterproof, and the upper threshold of SPF will rise from 30 to 50+.

In an attempt to light a fire under the FDA, Sens. Christopher J. Dodd (D-Conn.) and Jack Reed (D-R.I.) have introduced the Sunscreen Labeling Protection Act of 2008, which would require finalized sunscreen safety standards within 180 days.

Connecticut Attorney General Richard Blumenthal released a statement supporting the legislation. "The FDA has failed to implement proposed sunscreen labeling rules that would bar false claims about all-day protection, waterproof, broad spectrum UVA/UVB protection, and SPF over 50," he wrote.

Claims on the label are also a factor in the potential danger of sunscreens. "With claims like ‘all day protection’ people don’t reapply," Sutton said.

Though EWG’s analysis (which can be found at www.cosmeticdatabase.com was criticized as "junk science" by one doctor cited in a New York Times report, the group stands by its work. "We use industry standard methods, so it’s hard for criticism to stand," Sutton said.

EWG’s ratings were based on three factors: UVB protection, which SPF indicates; UVA protection, which blocks the more harmful rays; and overall stability of the ingredients. The group recommends that sunbathers search for products with zinc oxide and titanium dioxide, which are less readily absorbed by the skin and provide more of a physical barrier between users and the sun. While these minerals may be safe on your skin, they’re not so great in your lungs. So give the spray and powder versions a pass, and beware products that have been reduced to nanoparticle size.

And, of course, spend more time in the shade.

And now, the controller’s big lie

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By Bruce B. Brugmann (Scroll down for links to our current editorial on PG&E shenanigans on the Clean Energy Act initiative and a similar l982 Guardian story on PG&E shenanigans on the public power initiative of that era)

To repeat: When PG&E spits, City Hall swims.

In September of l982, public power forces placed Proposition K on the ballot, an initiative that would authorize a city study of the feasibility of municipalizing PG&E’s electric distribution system in San Francisco.

The Guardian headlines told the emerging story of the standard PG&E response whenever its illegal monopoly in San Francisco is threatened.

Front page: “Uncovered! PG&E’s inside moves at City Hall to squash public power: To subvert Prop. K, the utility sets up a front group, circulates a secret poll and recruits Feinstein, Kopp, Molinari and the city controller and city attorney.” (Feinstein was the mayor and Kopp and Molilnari were powerful supervisors. This time around, PG&E won’t have that luxury of public officials falling over themselves to run their errands and they have been forced to scramble for political support as never before.)

The head on our inside story: “PG&E attempts a coup against public power in San Francisco, The controller puts a misleading, one-sided and apparently illegal $1.4 billion cost-estimate for Prop. K in the voters’ handbook–using PG&E’s numbers.” The story pointed out that the data submitted by the controller for the handbook was originally supplied by a PG&E attorney and a City Hall lobbyist for PG&E. And the controller never bothered to talk to the public power group nor do any independent investigation of his own. Why? The big PG&E Lie ran in the controller’s statement in the voters’ handbook and was a major factor in PG&E’s victory over the public power initiative. PG&E’s major campaign theme, then and now, is the relentlessly repeated argument, “too risky, too costly.”

Today, as our current editorial discloses, the situation is much the same in the controller’s office.
Controller Ben Rosenfeld wrote in an Aug. 7 letter to the Department of Elections for the voters’ handbook that the costs to the city of acquiring PG&E’s local distribution facilities are “likely to be in the billions of dollars.”
What’s his evidence for this astounding figure? The only evidence is a July 24 letter to the controller from David Rubin, PG&E’s director of service analysis, who argues that the company’s San Francisco system is worth $4.18 billion.

Once again, the controller took PG&E’s word without gulping. He didn’t check with the public power people. He didn’t check with the state Board of Equalization, which sets a much lower value on PG&E property (which PG&E doesn’t protest at tax time.) He didn’t do his own research. He misinterpreted the initiative (which provides for revenue bonds, which would be paid off through a dedicated income stream and thus would cost the city nothing.) And he didn’t discuss revenue (public power cities have cheaper power and lower rates than PG&E and they make gobs of money). In short, public power in San Francisco, with its own power source at the Hetch Hetchy dam, is the biggest potential source of new revenue for the city. Again, why didn’t the controller do normal due diligence and research on such a vitally important issue for a cash-strapped city? Why is the controller once again so slavishly buying the PG&E Lie and propaganda line? The public deserves an explanation.

Sups. Ross Mirkarimi and Aaron Peskin, authors of the measure, and the clean energy forces are working hard to get PG&E out of the controller’s proposed ballot information and get some honesty in. Our suggested language: “The costs of purchasing or building energy facilities would be substantial–but those costs would be covered entirely by the revenue from operating the facilities. The net cost for the city would, at worst, be minimal and the potential exists for the city to bring in significant new revenue to offset taxes and general fund expenses.”

Let’s kick PG&E out of the controller’s office. Let’s kick PG&E out of City Hall. B3

Click here to read this week’s editorial And now, the controller’s big lie.

Click here to read a similar Guardian story from Sept, 1982, outlining PG&E’s mode of attack on a public power initiative

Russia v. Georgia: Some perspectives

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Once you get started on this stuff, it’s hard to let go.

As usual, some of the best material on what’s really going on in Georgia has appeared in the British press, not in the NY Times. I’ve put together a few links that give some perspective here.

From the London Independent: Saakashvili sucked up to the West and gambled that NATO would back him when he got in a firefight with Russia

Also from the Independent, check out the comments here on how Saakashvili may have started the whole thing

From the UK Guardian, some good background on what Russia is demanding

And I’m posting below an intelligent piece by J. Victor Marshall of the Independent Institute over in Oakland. Marshall has a bit of the Peter Dale Scott in him, but this is well worth reading.

Georgia on My Mind

By J. Victor Marshall

Whenever a crisis somewhere in the world involves Russia, members of Americas political establishment appear gripped by a collective psychosis.

The latest revival of Cold War rhetoric comes on the heels of Russias incursion into neighboring Georgia to counter its recent attack on the ethnically distinct enclave of South Ossetia.

South Ossetia, which was once part of the Soviet republic of Georgia, has increasingly asserted its independence since 1991, when several thousand Georgian troops invaded, unleashing barbaric violence on both sides.

Its no surprise that armchair warriors like Vice President Cheney, uninterested in the regions complex history, now bluster that Russian aggression must not go unanswered.

But Democratic hawks like Richard Holbrooke are no less quick to raise the specter of the Cold War and declare ominously, Moscow’s behavior poses a direct challenge to European and international order.

Big ups for “Big Top”

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Finally, a publication is recognizing the recent(ish) explosion of independent circus art as a movement in its own right (rather than a bastardization of “real” circus or an extension of Burning Man culture). Yup, that’s right. I’m talking about Best of the Bay winner Big Top, the online mag dedicated to highlighting, promoting, and supporting indie circus culture. (For the record, we did talk about the trend in early 2007 – we just haven’t devoted a whole damn magazine to it.)

So why am I talking about Big Top so soon after we featured ‘em in last week’s issue – and hung with ‘em at our badass Best of the Bay party on Thursday? Because they’re awesome. And because they hosted their own incidiary event the next night at Fat City.

foufou.jpg
Fat City headliners Fou Fou Ha! Photo from Big Top Magazine.

Cleaner power, cleaner money

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OPINION Nine months ago neighborhood leaders from the Potrero Hill and the Bayview districts were invited to stand and applaud at a press conference at Mirant’s Potrero Power Plant. As reported in the San Francisco Chronicle: "One of the state’s oldest and dirtiest power plants … could shut down as soon as 2009, city leaders announced…. The mayor said the signing represented ‘an important day in the history of the city.’<0x2009>"

But now that signed agreement to close Mirant — through a decade-long effort to have the city run its own power-generating "peaker plants" as a replacement — is itself on the verge of extinction. Mayor Gavin Newsom, a probable candidate for governor and choosing political expediency over cleaner air, reversed field and claimed that the cleanest way to close Mirant … is to keep part of it running. And a number of environmental activists backed him up, claiming that the city-owned peaker plants would bring more pollution to southeast San Francisco than retrofitted combustion turbines at the Mirant plant.

How can that be, when even conservative estimates admit that the newer city-owned turbines run 30 to 35 percent cleaner than the 40-year-old Mirant turbines?

The answer is money.

The argument goes like this: the city-owned peaker plants are funded by $273 million in revenue bonds and a contract with the state’s Department of Water Resources that runs until 2015. After that, the debt remaining on the bonds would require the city to run the peakers for more hours and many more years of operation than retrofitted combustion turbines at the Mirant plant. The Mirant proposal would be financed by reliability contracts from the state’s Independent System Operator (Cal-ISO) that essentially pay for the turbine capacity, not actual operation. That means fewer running hours, and no potential cost to the city’s budget. Therefore, the Mirant retrofit is less polluting, and the generators can be shut down sooner.

That’s been a persuasive argument so far, and it has stopped further consideration of the city-owned peakers. But the argument misses one important fact and one critical question. The fact is that the city-owned peakers don’t cost $273 million anymore; Cal-ISO agreed in June that the fourth peaker plant (to be located at the airport) wasn’t necessary, leading to savings of more than $110 million.

There’s an even more important question: why don’t we finance the city-owned peaker plants using Cal-ISO’s reliability contracts instead of the bonds and the DWR contract? Apparently no one at the Mayor’s Office, the Public Utilities Commission, or the environmental groups supporting the Mirant retrofit has asked this question. Yet it provides the cleanest answer to the dilemma of the peaker plants — it would give us the cleanest machines, under city control and policy, so they can only run when absolutely necessary and we can shut them down as soon as possible.

At the end of the day the proposal for a Mirant retrofit isn’t really about a retrofit at all — it’s a proposal to keep the city’s energy future in the hands of others. The choice facing us — at City Hall, in the environmental community, and in the neighborhoods — is between being smart about our energy policy or handing over that policy to a corporate boardroom in Atlanta.

Tony Kelly

Tony Kelly is president of the Potrero Boosters Neighborhood Association.

Cash from cabbies

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› news@sfbg.com

The largest taxicab company in San Francisco is trying to squeeze more money from its drivers, who say they’re already being hit hard by increased gate fees and rising fuel costs.

Yellow Cab has ordered its drivers to prepay for the privilege of driving each month, amounting to thousands of dollars for full-time drivers. Compounding that financial hardship is the apparent intention of the company to use prepaid gate fees to change the employment status of its drivers from employees to independent contractors who are no longer entitled to unemployment insurance and workers’ compensation coverage.

While local officials say Yellow Cab’s new policy is illegal, they have little power to compel the company to abandon the plan, which was supposed to go into effect Aug. 15 but has now been moved to December under pressure from city officials and the United Taxicab Workers union. Drivers are also threatening to bring legal action to stop Yellow Cab, relying on a past ruling barring the company from requiring deposits from its drivers and misclassifying drivers as independent contractors.

Repeated attempts by the Guardian to contact Yellow Cab representatives were unanswered, but they had to talk to Jordanna Thigpen, executive director of the San Francisco Taxicab Commission. She found Yellow Cab’s prepayment plan to be in violation of the Superior Court’s decision. "I was not persuaded that the prepayment was not a deposit," Thigpen told the Guardian. "What they are actually doing is asking for a security deposit again under the guise of an Employment Development Department requirement. But the EDD guidelines are just that — guidelines."

The EDD sets work rules and standards in California. According to its Taxicab Industry information sheet, taxi drivers classified as independent contractors "prepay to lease a taxicab for a period of at least 28 days." Yellow Cab used the line, which is posted prominently for employees to see, to justify requiring that all its drivers prepay up to $1,930.

Bud Hazelkorn, cab driver and chairperson of United Taxicab Workers, said UTW has "been talking to an attorney and hopes to bring an injunction against Yellow Cab." He takes little hope from Yellow Cab’s recent decision to push its prepayment deadline from Aug. 15 to December, though he does think it was a response to the UTW’s outcry.

For Hazelkorn, it matters little whether the deadline is a week or six months from now. "Any kind of prepayment policy is against the Tracy decision," he said. "They are trying to make themselves look better by pushing back the deadline. But the fact is that Yellow Cab wants to establish a precedent of prepayment and that is illegal."

The 1996 ruling in Joseph Tracy vs. Yellow Cab barred cab companies from demanding security deposits from drivers. The order, issued by Judge William Cahill of the San Francisco Superior Court, "permanently enjoins the defendant [Yellow Cab], from classifying plaintiffs and similarly situated drivers as independent contractors for purpose of denying such drivers any benefit under California law with respect to workers’ compensation, unemployment insurance, and paying a cash bond to defendants as a condition of driving a taxicab."

The 1996 case also found that Yellow Cab drivers were being unlawfully misclassified as independent contractors, and ruled that the necessary control Yellow Cab exercises over its drivers requires that they be considered employees. For example, drivers have no control over the amount charged to passengers in fares, and often rely on dispatchers to notify them of potential customers. In addition, Yellow Cab keeps personnel files on each of its drivers, conducts orientation programs for new hires, and does not allow its drivers to advertise their services. The Superior Court also found drivers to be "an integral part of [Yellow Cab’s] business," further solidifying cab drivers’ status as employees.

Yellow Cab driver John Han explained that the prepayment fee is based on the number of shifts a driver works. He offered himself as an example: Han works eight shifts per month. Multiplied by the average daily gate fee of $96.50, Han’s prepayment equals $772. Since Han said that cab drivers make between $100–<\d>$150 per day, most of his earnings are eaten up by the end of his shift — or before the shift even begins.

To coax its drivers into compliance, Yellow Cab posted a sign in its San Francisco office that reads, "Do not delay in completing your prepayment or you will be subject to being held out of service." Han says that being held out is equivalent to being a benched baseball player who is technically still on the team.

"We won’t be fired, but we will be prevented from being able to work," Han said, noting that such threats constitute the exercise of control over the drivers by Yellow Cab. "Forcing drivers to do anything is having control over its workers, which is a employer-employee relationship."

EDD spokesperson John Stroot told the Guardian that the information sheet Yellow Cab uses to justify this policy does not compel companies to do anything new. What it does contain are guidelines for different taxicab business models: one for companies that have employees and another for companies that use independent contractors.

"These are not laws," Stroot said. "Cab companies can operate any way they choose. They are just guidelines for companies to follow to figure wage, hour, and tax issues." If Yellow Cab wanted to make drivers independent contractors, it would have to fulfill all requirements on the sheet, not just the one specifying prepayment. For example, drivers would be required to perform their business without any form of control from Yellow Cab, including foregoing the use of Yellow Cab’s dispatch services. But Stroot said most drivers are employees under common law in California "because the company directs and controls the way drivers provide their services."

Misclassifying employees as independent contractors has become a national issue, particularly after Rep. Lynn Woolsey (D-Marin County) and Rep. Rob Andrews (D-N.J.) introduced a bill intended to crack down on the practice. If passed, the bill would impose penalties on employers who misclassify employees and inform workers of their right to challenge that classification. The bill also would require state unemployment insurance agencies to conduct audits to identify employers guilty of employee misclassification. In addition, the Department of Labor would be required to perform targeted audits of employers in some industries.

The UTW is currently working with Thigpen and Sup. Chris Daly’s office to achieve some form of justice for drivers. "My office is very concerned by this policy," Thigpen said. "It couldn’t have happened at a worse time for drivers. These guys are good people, and they work hard every day." Thigpen said Taxi Commission member Tom Oneto asked her to draft new rules that would apply to such policies. Other than imposing fines and revoking permits, however, there is little her office can do.

"We need serious overhaul of our penalties," Thigpen said. "Right now I can only charge them $25 in fines, which is pathetic. They know they are breaking the law and ripping people off. But how do you begin?" she asked. "We need to get legislation passed that would overhaul the rules." The strongest weapon city officials have against Yellow Cab is to seek an injunction. "Only the courts can decide if this is legal," Thigpen said.

Thigpen and Oneto met July 25 with Lena Gomes, one of Daly’s legislative assistants, to discuss how the Board of Supervisors might take action. "We are creating a resolution urging Yellow Cab not to charge the drivers the fee," Gomes told us. "Yellow Cab appears to be trying to change their drivers classification to avoid certain financial responsibilities. This is one of their strategies."

If Yellow Cab succeeds in its plan, other cab companies may follow suit. "Right now they’re just hanging back to see what Yellow Cab will do," said Han, who estimates that Yellow Cab stands to gain at least $2 million per year from this policy. For Han, not knowing what the company will do with the money is unnerving. "They should be investing it in a health care plan for drivers. But I can only assume the money will be used to buy a sailboat for the top management."

While Hazelkorn said that drivers are "100 percent opposed to this kind of extortion," some disagree. Tariq Mehmood, a Yellow Cab driver for eight years, believes most drivers would rather be independent contractors "because of the freedom it provides us to set our own hours." Mehmood said the UTW’s fight against Yellow Cab is just another ploy to bankrupt the company, which "would be devastating to drivers. I would love to not pay anything — not even gate fees — and still be an independent contractor, but that’s not the reality."

Regardless of how they feel about the policy, some have already begun making payments, while others are quietly saving money just in case. Han refuses to do either, hoping that Yellow Cab can be defeated if enough drivers join him. But 80 to 90 percent of Yellow Cab drivers are immigrants, Han points out, and many are still unacquainted with their rights. "They are afraid to defy the company," he said. "Yellow Cab is setting a trap for those who will fall for it."

New wave reunion

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PREVIEW I’m too young to know for sure whether or not it’s normal that so many older bands are re-forming to record novelty albums and go on reunion tours, but it certainly does seem strange. I mean, sure, there’s the money (just check the inflated ticket prices) and the thrill of seeing thousands of aging fans sing along to all your songs — but at some point it must get kind of depressing to realize they would probably rather be teleported back to 1981 when they could see you for $10 in a small club when everyone was 40 pounds lighter.

But nostalgia is a powerful thing, and the reunion-industrial complex keeps chugging on. This summer’s Regeneration Tour unites all the best new wavers — the Human League and ABC included. Unfortunately, it’s bypassing San Francisco, so we’ll have to settle for back-to-back shows at smaller venues. On Saturday night, Sheffield, England synth pioneers the Human League performs at the Mezzanine. The band, which never officially broke up, put out its last album of fresh material in 2001, the much-overlooked Secrets (Ark 21). On Sunday, ABC plays the Independent, drawing material from its first batch of new songs in 11 years, 2008’s Traffic (Vibrant).

But, hey, who am I to judge? I’m sure one day I’ll shell out $150 to see the Strokes at the Greek Theatre so I can experience two hours of joy before rushing home to pay the babysitter. I only hope they play "12:51."

HUMAN LEAGUE With DJs Skip and Shindog. Sat/9, 8 p.m., $40. Mezzanine, 444 Jessie, SF. (415) 625-8880, www.mezzaninesf.com. ABC With DJ Funklor. Sun/10, 8 p.m., $27. Independent, 628 Divisadero, SF. (415) 771-1421, www.independentsf.com

2008 Cuervo Black US Air Guitar Championships

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PREVIEW For those about to air (guitar), we salute you. All it takes is viewing the big-hearted 2006 doc Air Guitar Nation or a few minutes in a sweaty club with the contestants to sample the craft, sass, and brash fearlessness needed to risk making a royal air-guitar-noodling ass of yourself in front of hundreds of sodden, mouthy armchair air-ax-slingers who believe — nay, know — they can kick as much as air-ass as you.

So kudos to San Francisco winner Awesome, a.k.a. Shred Begley Jr., a.k.a. comedian Alex Koll, for making the transition from the bedroom to the national 2008 Cuervo Black US Air Guitar Championships Aug. 8 at the Grand Ballroom. So what’s with the multiple monikers? Mob rules: it was chosen for him at the sold-out June 25 regional finals at the Independent by the all-too-ready-with-the-boos crowd.

"I was in a sleeveless tank top that said, ‘AWESOME!’, which is my name and my way of life," Koll says by phone. "The audience responded the only way they could. It chanted, ‘Awesome, awesome,’ until it became my official stage name." Attempts to "melt faces" culminated in a second-round performance that, well, continued the hype. "I rode my friend’s face into the crowd, which was very popular," Koll says. In return, the crowd "paid the ultimate price to get me back onstage — I had to use a couple as human shields. Then I had to do more ceremonial headbanging, and the stage started to crack in half, but I was able to pull it together — with my feet."

Sure, and we all know Koll can’t be held responsible for the recent Los Angeles quake, though he admits he was practicing at the time. Meanwhile he’s refining the awesomeness for the national bout — the winner goes to the world air-off in Finland — since the event includes Brooklyn winner Bettie B. Goode, who severed her toe in competition. "She still won," Koll moans. "These are the kind of people I’m up against. In light of that, I’m stepping up my game: I bought six new tassels."

2008 CUERVO BLACK US AIR GUITAR CHAMPIONSHIPS Fri/8, 8:30 p.m., $20. Grand Ballroom, 1290 Sutter, SF. www.apeconcerts.com

Baghead: There’s more to it than just mumbling

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By Jesse Hawthorne Ficks

It’s difficult to call most films independent nowadays. But the Duplass Brothers’ 2005 Sundance sleeper The Puffy Chair is as Indie as an American feature film can be. Made for $15,000, it brought the grit of John Cassavetes and the introspection of Richard Linklater to a whole new generation. Now considered to be part of the godfathers of “Mumblecore,” a genre defined by this generation’s talkative nature, the Duplass brothers have returned with their follow-up. Baghead is a hilarious and often unsettling stalker film that delves into the personal relationship minutia and woes of two guys and two girls who are trying to write a screenplay together in remote cabin.

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Um, Baghead

Both of the Duplass brothers, Mark and Jay, were recently in San Francisco for an interview on a windy summer afternoon.

Mark Duplass: There’s this book that someone sent to us once to maybe adapt into a movie about a couple who had a lot of trouble breaking up. They would break up, get back together, break up, and get back together. So they basically picked their 10 favorite things from the relationship that they loved to do, and they were gonna do all those things and then end the relationship after completing them. Great concept, but it ended up being really bad. I thought it would be great if, while they were trying to do those things, they came upon more obstacles. But the book ends with: since they can’t live with each other and they can’t live without each other, they do a double suicide in a poetic and oblique way.

SFBG: So you’d have to ruin the book if you adapted it into a film.

MD: Yeah, which we’ve done before.

The Lumerians

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PREVIEW The Lumerians have landed, and with frequent local gigs and one EP under their belt, the band is poised for maximum impact on the Bay Area psych scene. Take a listen to the group’s self-titled recent disc on the Subterranean Elephants imprint: there, they’ve produced five great tracks of hypnotic rhythms warmed up by droning keyboards and weirded up by synthesized noise squiggles.

"Corkscrew Trepanation" drills your brain with its kick- and bass-drum stomp, and layers organ on top of keyboards to cool hypnotic effect. Other tracks slow a bit but then take off into space via those eerie, vacilutf8g synths. "Orgon Grinder" shines a light on a warm and dreamy female vocal that boosts the song into memorable melody territory. Most numbers stretch out for five to seven minutes, propelling this ensemble into the now-crowded electronic and prog-rock family tree that’s home to a certain cluster of oft-referenced German bands. The upside of that propensity for lengthy jams: Lumerians takes the listener on an extended trip into deep headspace.

THE LUMERIANS With Darker My Love and Eulogies. Tues/5, 9 p.m., $9.99. Independent, 628 Divisadero, SF. (415) 771-1421, www.independentsf.com

Click-click, bag-bag: Procrastinate with style

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By Dona Bridges

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Everyday fashion via sfstyle.blogspot.com

Rejoice, voyeurs and procrastinators! I have found a new timesuck for you. My longtime perusal of Jezebel, Fashionista.com, and Facehunter led me to the truly amazing wastes of time that are personal and street fashion/style blogs. I gobble them up like candy, and during some of my over-consumption sessions I’ve managed to find a few that deal with Bay Area fashion specifically:

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Rumi mugs on fashiontoast.com

Coquetteis a general fashion and style blog by SF writer Natalie Zee Drieu, with some coverage of local designers and stores.

SF Indie Fashion concentrates on local independent designers, stores and events.

SFBayStyle is a local fashion e-zine/blog with multiple contributors, many of whom are based in the Peninsula; it has a slightly more mainstream focus.

Fashiontoast is the personal style page of SF girl Rumi, with lots of pretty pictures of her in Kate Moss-ish getups, along with links and reviews relating to fashion.

SFStyle does street fashion ala Facehunter, except with tons of hilarious analysis and commentary.

Streetfancy is another street fashion blog, very heavy on nightlife coverage and very recognizable locals like Merkley. Sadly, it hasn’t been updated in almost six months.

You didn’t expect to actually get any work done today, did you? You’re welcome.

“The Exiles” on Main Street

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TAKE ONE For a sharp perspective on Kent Mackenzie’s neglected 1961 classic The Exiles, push aside most contemporary reviews heralding the film’s rerelease. In the spring of 1962, Benjamin Jackson reviewed Mackenzie’s debut feature for Film Quarterly, and began by noting something no one today seems to think worth mentioning: only 28 years before The Exiles came out, the American Indians who starred in the movie weren’t even considered citizens by the US government.

That basic fact should be at the center of any appraisal of The Exiles, and yet, with the exception of Armond White in the New York Press, most 21st-century critics don’t contextualize the racist history and cultural prejudices the film confronts; forces that have since threatened to erase it. Almost 50 years and countless Sundance Film Festivals after Mackenzie’s look at Native American life in the city and off the rez, it’s still — unfortunately — a one-of-a-kind work. Just as Milestone Films’ successful release of Charles Burnett’s 1977 Killer of Sheep exposed American independent cinema’s lack of artistic imagination and societal insight, the return of The Exiles is partly inspired by the utter failure of American filmmakers to follow Mackenzie’s lead.

In Another Country (Vintage), first published one year before The Exiles‘ release, James Baldwin writes of a New York “so familiar and so public that it became, at last, the most despairingly private of cities,” adding: “One was continually being jostled, yet longed, at the same time, for a human touch; and if one was never — it was the general complaint — left alone in New York, one had, still, to fight very hard in order not to perish of loneliness.” The Exiles tracks a similar fight in Los Angeles, as waged by pregnant Yvonne (Yvonne Williams) while her husband Homer (Homer Nish) goes carousing through bars at Third and Main. Mackenzie follows both with a Weegee-like attention to detail that alights on everything from mechanical monkeys that blow bubbles to boisterous queens at a bar.

This major work of American cinema was created from film stock salvaged from a plane crash and short ends from I Love Lucy. Its potent original score of lip-biting rock ‘n’ roll is by the Revels, whose “Comanche” was exploited by Quentin Tarantino in Pulp Fiction. Its restoration is by Ross Lipman, who has also rescued Killer of Sheep and the work of Kenneth Anger. Further credit for The Exiles‘ revival belongs to Thom Andersen, whose 2003 survey Los Angeles Plays Itself first brought the film to the attention of a new generation. One year before Godard’s Vivre sa vie (1963), Mackenzie made an unsentimental movie about a woman who goes to the movies — in fact, The Exiles reaches its midway point just as Yvonne watches an intermission jingle that urges people to raid the concession stand. Both Yvonne’s night and this film’s are far from over. (Johnny Ray Huston)

TAKE TWO One reason we watch film noir is to look at the forgotten city. As American crime pictures got grittier, they stumbled from the plush nightclubs of Gilda (1946) to the sticky bars of Kiss Me Deadly (1955). First shot in 1958, Kent Mackenzie’s The Exiles is set in the same dilapidated Bunker Hill neighborhood valorized by John Fante and Charles Bukowski. Mackenzie’s ethnographic focus on a small group of urbanized American Indians would seem to place his film in a different league, but then many noir films open with statements not so different from his voice-over: “What follows is the authentic account of 12 hours in the lives of a group of Indians who have come to Los Angeles, California.”

Noir comparisons only go so far in elucidating The Exiles‘ enduring appeal. By focusing on a sloshed night-in-the-life of this group, Mackenzie locates urban malcontent rather than inventing it. After the first of many exquisite evening shots of a long-extinct LA funicular, we’re introduced to Yvonne: her moony face is inexpressive, and her voice-over amplifies her solitude in a bustling marketplace. She explains she’s pregnant and is glad to be having the baby away from the reservation, but worries about her husband Homer’s commitment. Homer’s boys’ club favors a Keroauc-ish jive-talk — with disenfranchisement for heritage, they adapt the “wherever I may roam” frontiersman-speak of the hipster.

Mackenzie wasn’t a native Angeleno, much less an American Indian, but his outsider perspective enlarges The Exiles. If the location details in Charles Burnett’s Killer of Sheep seem incidental, here they are part of a broader lyrical-documentary design. The fact that we can make out so many prices — mackerel for 21 cents a pound, gas for 27 cents a gallon — is symptomatic of the characters’ hand-to-mouth milieu and Mackenzie’s aesthetic calculus. The filmmaker’s anachronistic tendency to play the peripheries reaches fullest bloom when Homer burns with unnamed anomie, surrounded by the Café Ritz’s unsavory characters. The moody scene is a vivid if intense evocation of the kind of democratic mixing place Mike Davis eulogizes in his 1990 LA history, City of Quartz (Vintage).

If The Exiles anticipates both Jim Jarmusch (the outsider-as-hipster and jukebox soundtrack) and Gus Van Sant (the bender crawl and the combination of voice-over and neorealism), it’s more a sign of Mackenzie’s intuition than his priorities. The bitter irony of the title is that Mackenzie’s characters are exiles from both the past and the future. The director was well aware of City Hall’s redevelopment slate for Bunker Hill when he framed his long-take vistas. “Time is just time to me,” hep-cat Tommy (Tommy Reynolds) muses on voice-over. “I’m doing it outside, so I can do it inside.” Not so for Mackenzie, a true preservationist whose work has now been treated in kind. (Max Goldberg)

THE EXILES

Aug. 1–7

Castro Theatre

429 Castro, SF

(415) 621-6120

www.castrotheatre.com

 

The verdict stands

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› tredmond@sfbg.com

Judge Marla Miller on July 18 rejected attempts by the SF Weekly and its chain owner to overturn the Guardian‘s victory and $16 million jury award in a predatory pricing case.

The ruling marked the end of the first full round of this legal fight and sets the stage for a shift to the California Court of Appeal.

SF Weekly and Village Voice Media had asked Miller to overturn the jury verdict or order a new trial, and the company lawyers spent hours July 8 arguing that the evidence presented in a five-week trial didn’t justify the jury’s decision. They also claimed that Miller had issued improper jury instructions.

Attorneys James Wagstaffe and H. Sinclair Kerr also tried to get the judge to sever the 16-paper chain from the damages part of the case. That would have left the Weekly as the only guilty party. And VVM had admitted that the Weekly has no assets and would be unable to pay the Guardian anywhere near $16 million.

Miller, with little comment, denied both requests.

The defendants have consistently said they plan to appeal.

The case centered around the Guardian‘s charge that the Weekly had for years sold ads below the cost of producing the newspaper for the purpose of injuring the locally owned, independent competitor.

Evidence presented at trial showed that the Weekly had consistently lost money, as much as $2 million a year, since New Times — now known as VVM — bought the paper in 1995.

The evidence also showed that VVM’s executive editor, Michael Lacey, had vowed to put the Guardian out of business, and that Weekly advertising and business staff were instructed to try to take business away from the Guardian, whatever the cost.

And while the VVM lawyers mounted a convoluted legal argument to claim that the parent company wasn’t legally liable for any damages, the trial showed that the senior executives at the Phoenix-based chain were not only aware of the predatory strategy but were active participants in it.

In fact, two senior officers, CFO Jed Brunst and group publisher Scott Tobias, admitted that the SF Weekly would have gone out of business years ago if the chain hadn’t subsidized its operations.

For more details and key documents, go to sfbg.com/lawsuit

Hunting the lord of war

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› gwschulz@sfbg.com

Accused illegal arms dealer Victor Bout’s long-awaited arrest by Thai police officers March 5 was an important victory against unchecked human rights abuses around the world, and a personal vindication for the San Francisco woman who helped bring Bout to international attention.

Bout arrived at the luxurious Sofitel Hotel in Bangkok believing he was to meet with two senior leaders of the Marxist guerrilla army known as the Revolutionary Armed Forces of Colombia, or FARC. The men, it turned out, were paid informants operating on behalf of US drug enforcement officials.

Through an associate, the 41-year-old Bout allegedly promised to sell the duo large quantities of weapons to continue FARC’s decades-old insurgency against the Colombian government. According to an April federal grand jury indictment filed in New York, the arms included surface-to-air missiles, AK-47s, C-4 explosives, land mines, and even people to help train FARC soldiers in using the weapons.

Among those most relieved — and surprised — at the arrest was a relentlessly determined human rights investigator who lives in San Francisco. Kathi Lynn Austin, 48, has been pursuing the notorious trafficker and war profiteer for more than a decade.

Bout, a former USSR Air Force officer, is widely reputed to be one of the world’s most active criminal arms dealers, perhaps best known for his spectral presence on the African continent. There, he cultivated professional relationships with its litany of brutal dictators and helped fuel some of the most appalling human rights tragedies of the last century.

Austin and other investigators, as well as journalists and law enforcement officials in several countries, say that Bout expertly structured a business empire of shell companies, dubiously licensed cargo planes, and endless arms accumulations from former Soviet stockpiles — all of which were intended to minimize evidence linking his name to illegal weapons dealing.

But the work Austin did to penetrate that shell and expose Bout was so notable and dramatic that Paramount Pictures announced in December 2007 that superstar Angelina Jolie would play her in a drama inspired by Bout’s infamous career.

It’s a stunning achievement for someone who 15 years ago struggled to convince even her colleagues in the human rights community that the end of the Cold War and the globalization of organized crime made nonstate actors like Bout as much of a threat to peace as the tyrannical governments they’d been naming and shaming for years.

"A human rights violation is considered a violation that is carried out by a state actor," Austin told the Guardian. "We were trying to change the whole field of human rights to philosophically say we should be going after these private perpetrators as well."

Austin has helped document Bout’s convoluted network since about 1994, first as a consultant for Human Rights Watch and later as arms and conflict director for the Washington, DC–based Fund for Peace, for which she maintained a San Francisco office, before eventually working for the United Nations.

After returning to San Francisco in June from an 18-month UN mission in East Timor, Austin agreed to talk about her investigations of Bout over several hours of interviews near the North Beach apartment where she’s been holed up writing material for the Paramount script.

Seeing Austin in a crowded coffee shop with clear features and wide, earnest eyes, it’s not easy to imagine her charging through the world’s hellholes: Rwanda, Sierra Leone, Liberia, the Democratic Republic of the Congo, Angola, and other African conflict zones where the UN has imposed longstanding but ineffective arms embargos.

The work of Austin and others repeatedly helped show that death and destruction could continue indefinitely for the right price paid to savvy arms brokers like Bout, while the United States failed to regard the plight of civilian populations across Africa as vital to its interests.

As the world would learn in 2004, even the US military relied on Bout’s planes to conveniently bring its partially privatized war machine down on Iraq, making this story about more than just Bout and his pursuers.

Following Bout’s arrest in Thailand, federal prosecutors here charged him with conspiring to kill US nationals and attempting to illegally acquire anti-aircraft missiles.

In 1997 the United States designated FARC a terrorist group for kidnapping and murdering American citizens in Colombia. US officials also consider Colombia the globe’s largest supplier of cocaine, a trade that’s kept the leftist rebels afloat.

Bout allegedly told DEA informants that an ongoing, violent campaign by the FARC to counter America’s cocaine fumigation efforts in Colombia was his fight, too, and that he could supply the guerrillas with everything they needed.

Days after this story goes to press, however, he’s due for a court hearing in Bangkok, where a judge will decide whether to extradite him to the United States. That means Bout could face a criminal trial on American soil. To Austin, that’s long overdue. She had lost hope that her country would subdue a top-tier enabler of gross human rights violations. A secret sting operation led by American narcotics agents was the last thing Austin believed would lead to Bout’s capture — and for good reason.

She first became aware of his name in 1994, shortly after witnessing one of the brightest moments in contemporary African history. On April 24 of that year, Austin stood near the polling station as Nelson Mandela, a political prisoner of 27 years, marked his ballot in South Africa’s first fully democratic election. She’d been invited to attend after working as a researcher in the Natal province documenting political violence and the apartheid government’s desperate attempts to preserve decades of white control through upheaval and destabilization. No one was sure Mandela would reach the ballot box.

"We got up at three, four in the morning to load a bus," Austin recalls. "Nobody told us exactly where it was. We had to go under cover of darkness. When we got there, he voted just after the sun came up."

The inauguration party weeks later spilled out everywhere in Johannesburg. Austin mingled with foreign journalists and drank champagne. But one of the greatest parties of the century turned glum as vague reports mounted describing trouble in a nearby country, one smaller than Maryland and at the time unknown to most Americans: Rwanda.

"Nothing was really clear. It was all very ambiguous," Austin remembers. "We just kept hearing these reports that 10 Belgian peacekeepers had been killed and the UN was pulling out and people were dying on a massive scale."

The Rwandan genocide would become one of the greatest human atrocities since the Holocaust as extremists from the ethnic Hutu majority massacred at least 800,000 minority Tutsis and Hutu moderates with gruesome efficiency while the world stood by.

As details emerged, Austin raised money in the United States and worked to get to the beleaguered African nation as soon as possible. Meanwhile, a Tutsi-led military offensive defeated the Hutu Power government in the capital city of Kigali by July 1994 and supposedly ended the genocide. But as Austin and others would learn, the violence was far from over.

Hundreds of thousands of refugees streamed toward the eastern border of neighboring Zaire, among them the perpetrators of the genocide. Hidden inside refugee camps, Hutu militias renewed their strength and began amassing weapon caches with the quiet support of Zairian dictator Mobutu Sese Seko.

Austin fearlessly penetrated the militia encampments, persuading exiled Hutu military leaders to disclose how they had obtained antitank grenades and high-caliber ammunition. The list included Col. Théoneste Bagosora, considered to be a chief architect of the genocide. Her trick? Austin told them she was a researcher for the neutral-sounding Institute of Policy Studies — which was technically true — and simply needed to hear their side of the story.

"It was a really treacherous place to be," Austin said. "At the time I appeared young, nonthreatening. I didn’t often say I was with Human Rights Watch…. In any kind of organization, people are motivated by many different things. You find those sources that for some reason or another want to help out or are so ego-driven they don’t think that any information they give to you is going to be used somehow against them."

She also interviewed members of flight crews who gave her information on cargo companies hired by the Mobutu government to secretly supply its Hutu allies with weapons by falsifying official flight plans and end-user certificates, key legal requisites designed to curtail transnational arms shipments.

According to her later Human Rights Watch report, "The militias in these camps have taken control of food distribution, engage in theft, prevent the repatriation of refugees through attacks and intimidation, carry out vigilante killings and mutilations of persons suspected of crimes or of disloyalty … and actively launch cross-border raids."

What didn’t make sense was how the suspected ringleaders of the genocide could obtain weapons despite the return of peacekeepers to the area and an arms embargo on Rwanda imposed by the UN.

CIA investigators later discovered that planes belonging to Bout were involved in supplying the outlaw Hutus, according to Douglas Farah and Stephen Braun’s definitive book on Bout, Merchant of Death: Money, Guns, Planes, and the Man Who Makes War Possible (Wiley, 2007).

Austin also came to that conclusion by the end of an eight-month fact-finding trip to the region carried out in 1994 and 1995. Her findings for Human Rights Watch helped propel her to international notoriety as more NGOs focused on illegal arms flows coming from private brokers.

"The Rwandan genocide was really the watershed, for me and for Bout," Austin said. "In the early years, he’s building his empire and I’m beginning to narrow what I want to investigate. I was becoming more and more convinced that in all the wars I was looking at, it was logistics. It was all about who could bring in the guns, the fuel — keep the war going."

Back then, Bout was still a bit player among many weapons suppliers working on the continent, according to Austin. But he soon did something that would significantly boost his career and help make him what another Bout pursuer once described as "the McDonald’s of arms trafficking." He switched sides and helped the new post-genocide Rwandan leadership topple the neighboring Zairian presidency of Mobutu, Bout’s own longtime client.

Zaire is known today as the Democratic Republic of the Congo. Bout would make yet more money years later aiding another warlord who attempted a violent coup inside the country, Jean-Pierre Bemba. The International Criminal Court last month charged Bemba with mass brutality and rape committed against civilians between 2002 and 2003.

"He [Bout] has no loyalty," a Bout associate told Merchant of Death authors in 2006. "His loyalty is to his balls, his sweet ass, and maybe his wallet."

Probably Bout’s most cynical move occurred in Afghanistan. At the start of his career, in the early 1990s, he allegedly maintained an intimate business relationship with commanders of the Northern Alliance, the tribal army that fought Taliban extremists for years until gaining power in Afghanistan with US help following the Sept. 11 terrorist attacks.

US officials began openly acknowledging in 2005 that Bout earned as much as $50 million also furnishing the Taliban with military equipment during its reign over the country.

Austin’s upbringing is the antithesis of what one might expect from an international human rights investigator. The oldest of five kids, she played guitar in a country-and-western band with the rest of her siblings, embarking on tours throughout the South from their home in Richmond, Va.

"We would play for people who had no money," she said. "We’d camp out for three days just to give them some music."

In the ’60s , the family of Baptists played at small African American churches during the climax of Southern segregation and against the backdrop of racist terror. They defied the neighbors and invited black friends over for dinner or socialized with them publicly. The Austins were largely apolitical, but Kathi says her parents insisted on human decency and encouraged a basic sense of justice and rebellion.

Her exposure to the destitution of many formerly enslaved black families in the South translated seamlessly in her own mind to Africa, a continent that fascinated her. But her understanding of the continent was limited.

"I just wanted to go save Africa one day. It was what I said I wanted to do with my life when I was really young…. I had this kind of missionary zeal, this very naïve, humane impulse."

Few people in her family considered going to college, but Austin hungered for academic achievement, securing a scholarship to the University of Virginia in the late ’70s.

Civil rights turmoil at the school politicized her and transformed her deeply. A model Organization for African Unity held for college students each year at Howard University in Washington, DC had the greatest impact. She attended it devotedly for several years. After competitive debates, politicians, professors, and other experts would speak to the students about Africa’s colonialist history and the anti-Apartheid movement.

"I really began to understand a lot of the underpinnings of what was going on with the African liberation movement in South Africa," she said. "I became engrossed in it and learned a lot intellectually and got a good sense of what I thought."

Austin began to zero in on the Ronald Reagan administration’s agenda of undermining Soviet communist influence in the region. The United States covertly backed the UNITA rebels in Angola against a communist-led liberation movement there, and continued to support the white-dominated and separatist apartheid regime of South Africa.

She wanted to investigate the unsavory relationships Reagan’s White House had developed on the African continent in its crusade to defeat communism during the Cold War. But Austin was aware of only two think tanks in the capital that examined such issues and had a reputation for attracting left-leaning luminaries. One was the nonprofit National Security Archive, a repository of declassified intelligence and foreign policy documents obtained largely through Freedom of Information Act requests.

Headquartered at George Washington University, lawmakers concerned about US covert activities abroad and some of the nation’s best-known journalists, including New Yorker writer Seymour Hersh, palled around at the independent, nongovernmental research library after it was founded in 1985 by a group of muckracking reporters and scholars.

Austin’s internship there in 1988 created a new realm of possibility — solo investigations — and sparked an interest in following the intricate paper trails that accompanied her growing knowledge of Africa’s geopolitical landscape, frequent outbreaks of low-intensity conflicts, and evasive weapons procurers.

But she still had never been to Africa. "That was my big ambition," she said. "If there’s anything about me it’s that I’ve got to see for myself."

As her ties to Washington expanded, she joined a World Bank urban rehabilitation team, writing political and economic background reports on Angola in 1989, believing she could make a difference inside the ill-reputed lender to developing countries.

She didn’t, but it was enough to give her first contact. After that trip to Angola, Austin used her savings to stay behind, joining a UN mission overseeing the withdrawal of Cuban troops above the 19th parallel, who were there as a result of Angola’s years-long civil war. She later went to Mozambique on a MacArthur Foundation grant and interviewed private mercenaries operating there for a report called "Invisible Crimes" that included a simple investigative formula she would employ for years to come: What’s wrong? And who’s doing it?

"Through the years, you realize just what kind of danger she’s in," her sister, Cindi Adkins, said from Virginia. "We would go days, weeks, months without hearing from her. My mom would say, ‘We have to call the Red Cross and see if we can find out that she’s okay.’<0x2009>"

Wanting to escape Washington culture, she moved to North Beach in 1997 after becoming entranced by San Francisco’s slower pace. Between missions, she’d spend full days at Caffe Sapore on Lombard Street writing a book about arms trafficking she’s still working on today.

Stanford University’s Center for African Studies invited her to become a visiting scholar for a year, researching arms proliferation and lecturing students, while the Goldman School of Public Policy at the University of California, Berkeley, did the same thing shortly afterward.

But the San Francisco–based Ploughshares Fund became one of Austin’s biggest supporters, helping her finance the creation of a local arms and conflict office for the Fund for Peace, an antiwar think tank in Washington.

"At that time, one of the areas we did a lot of funding in was the control of small arms and light weapons," said Deborah Bain, Ploughshares’ communications director. "Kathi was someone who did a lot of very courageous work tracking arms flows around the world. We were very impressed with the work she was doing and the kinds of results she was getting."

By then the UN had grown to understand the need for knowledgeable people on the ground who could travel across various war-torn African countries and gather evidence on who was vioutf8g arms embargos and how they were doing it. In the coming years, Austin served as a consultant and official expert on panels that investigated sanctions violations in Liberia, the Congo, Uganda, Burundi, Sudan, and Sierra Leone with teams of other human rights investigators who’d long followed Bout’s operations.

Her ex-boyfriend, Todd Ewing, a foreign economic development specialist and Bay Area native who began dating her in East Africa during the ’90s, described Austin as intense and ambitious. While his own blonde hair and six-foot frame made him conspicuous in the region, he said Austin’s "big brown eyes" and polite manner enabled her to slyly convince gritty characters to talk.

"Her MO at that time would be to just disappear for months [on fact-finding trips]," Ewing said. "I always liked to describe her as a sort of spy for the good guys."

Observers say that history handed the equally ambitious Victor Bout a perfect storm in 1991 at just 24 — an age when many Americans are looking for their first post-collegiate job.

The Soviet empire dissolved that year, ending the Cold War between Russia and the United States. Economic globalization expanded and gave every creative entrepreneur with good connections, criminal or legit, a chance to make a fortune. Aging Cold Warriors in the Beltway during the Bill Clinton era and later in George W. Bush’s cabinet maintained a stark binary ideological view of the world and failed to take seriously the growing threat posed by transnational criminals who had exchanged ideology for profit.

After the Berlin wall fell, corrupt Russian oligarchs infamously plundered the country’s assets as they were privatized following years of state control. Some robbed Russia’s rich oil reserves. Bout sought its military installations and airfields containing rows of cheaply available and unused commercial planes, all essentially abandoned by the central government.

Profiles of Bout put him in Angola — and possibly Mozambique — working as a translator for Russian peacekeepers when the Soviet Union broke up. US officials say Victor Anatolijevitch Bout was born in Dushanbe, Tajikistan, a deeply impoverished former Soviet state, and speaks several languages.

Bout told the New York Times in a rare 2003 interview that he purchased three Antonov aircraft for next to nothing in 1992 and used them to exploit a gap in the transit market, at first ferrying innocuous cargo like flowers from South Africa to the Middle East.

But the mogul quickly fostered connections to old Eastern bloc manufacturing and storage facilities in places like the Ukraine and Bulgaria, which were filled with AK-47s — ubiquitous in the developing world — ammunition, tanks, helicopters, and other military equipment.

Over time, investigators say he erected a complex web of cargo and airline companies designed to throw off suspicion. If one firm faced too much attention from aviation authorities, another was created to hold the assets. Otherwise, bribery, fraud, and forged documents were used, according to a report on Bout created by the US Treasury Department. In many African countries, aviation regulations are weak and international law is rarely enforced.

"Unless confronted with documentary evidence to the contrary, Bout’s associates consistently deny any involvement with Bout himself or playing any role in arms trafficking," the treasury report from 2005 reads.

US officials believed by then that he controlled the largest private fleet of Soviet-era aircraft in the world and employed hundreds of people, overseen partly from a nerve center in the United Arab Emirates, at the time a fast-growing and highly unregulated intercontinental transportation hub east of Saudi Arabia.

The Treasury report and other investigations say Bout became a confidante of the Liberian dictator Charles Taylor, supplying him with gunships and missile launchers. Taylor is currently on trial in the Hague for directing horrifying atrocities in neighboring Sierra Leone, ranging from widespread and extreme sexual violence to drugging and forcing children into combat.

When treasury officials here finally moved to seize Bout’s assets and bar Americans from doing business with him in 2004, they concluded that he had received diamonds extracted from Sierra Leone in exchange for supplying arms to Taylor.

That year saw one of Austin’s boldest attempts to confront the trafficking of illicit goods, on an airport tarmac in the Democratic Republic of the Congo, at that time under its own arms embargo. A UN team Austin worked with uncovered piles of questionable registration records during a surprise inspection of two dozen planes, some of which fit Bout’s profile, as their Russian crews stood by, annoyed.

"I only told one or two high-ranking UN officials to get their permission, so we could be sure it didn’t get leaked out," Austin said. "None of the people involved in the actual inspection knew about it until that morning…. I’m still surprised it was so effective. I’m not sure it would work again."

International aviation rules require pilots to maintain several different types of documents, but the group found that 21 planes had invalid registration papers, two had false airworthiness certificates, and three had no insurance to speak of — telltale signs of smuggling. The group determined that weapons in the area were being exchanged for illegally mined columbite-tantalite, or coltan, a valuable mineral contained in some modern electronic devices such as cell phones.

The revelation led the UN Security Council to place Douglas Mpamo, a prominent alleged Bout manager in the region, on the DRC sanctions list, along with a pair of well-known Bout subsidiaries. With Austin’s help, another reputed top Bout lieutenant named Dimitri Popov made a similar security watch list in the United States.

Meanwhile lower-level bureaucrats in the US State and Treasury departments collected evidence on Bout for years, assisted by Austin, who occasionally met with them to relay information she had gathered on fact-finding missions. She testified to Congress about the proliferation of small arms, too, but after Sept. 11, the White House drifted away from a growing campaign to stop Bout.

"I don’t think the Bush administration should get any credit for the fact that Victor Bout was arrested," Austin said. "I think it has to do with the DEA being insulated from the policy influences of the administration. They kept the case so secret they were able to succeed. In the past, once it became an interagency issue or problem, bureaucratic inertia and turf wars entered in and always raised some obstacle to the actual pursuit of Bout."

Eventually, that bureaucratic inertia began to look like something far more shameful.

On April 26, 2005, several state and federal law enforcement agencies including the FBI, IRS, and Dallas Police Department, raided two homes and an office in Richardson, Texas, looking for evidence that Bout’s tentacles had reached the United States.

The properties belonged to a Syrian-born American citizen named Richard Chichakli, who had served in an aviation regiment of the US Army during the first Gulf War. After being discharged in 1993, Chichakli helped create a free trade zone in the United Arab Emirates.

That’s where Chichakli likely first met Bout. Chichakli later returned to the US and became licensed as an accountant and an expert in military contracting. Officials found records showing that the 49-year-old Chichakli had created American companies connected to Bout.

Also discovered during the raid were wire transfer statements showing hundreds of thousands of dollars at a time moving from Bout-connected companies in the UAE to Chichakli in Texas, and credit card invoices managed by Chichakli listing Bout’s lavish purchases at businesses serving the nouveau riche of Moscow.

The raids were the result of a July 2004 executive order signed by President Bush — who, facing pressure from the UN, authorized the raids and prohibited Americans from doing business with Bout due to his connections to Taylor in Liberia.

The White House’s action came years after Austin and other investigators compiled their own research on Bout’s role in arming African warlords. Thirty companies and four individuals were added to a blocking order as a result. Federal court records from the case include extensive references to UN reports on Bout, including some Austin worked on, like one citing witnesses who saw a Bout-connected plane transporting large volumes of arms and ammunition through a Congolese airport between February and May 2004. Something was finally being done, or so it seemed.

But Austin and her colleagues were furious to learn that the US Defense Department hired Bout’s vast air armada with taxpayer money nearly 200 times in 2004 alone to ferry supplies and construction materials into Baghdad after the start of the Iraq war.

Merchant of Death co-author Braun, a Los Angeles Times national correspondent, reported for the paper in December 2004 that two well-established Bout companies, Air Bas and Irbis, had contracted with the US Air Force and Army as well as private companies like FedEx and Kellogg Brown & Root, the much-maligned former Halliburton subsidiary. The State Department had circulated a list of Bout companies warning its officials not to use them, Braun wrote, but the Pentagon made no similar effort.

A fuel purchase agreement included in Chichakli’s court file shows that the Defense Department used Air Bas "for official government purposes" just nine days after Wisconsin Democratic Sen. Russ Feingold questioned top defense officials, including then–Deputy Secretary of Defense Paul Wolfowitz, about such contracts. But Wolfowitz didn’t acknowledge what he eventually characterized as the "inadvertent" use of Bout’s planes for Feingold until months later.

When Austin delved into the issue in 2005 with fellow Merchant of Death author Farah, a former West African bureau chief for the Washington Post, the pair obtained new information for an article in the New Republic showing that the US military also used Bout-controlled companies during a four-month period in 2005, long after the "inadvertent" contracting had first been publicized.

The discoveries were a major letdown for Austin. She’s discussing with some NGOs the possibility of suing the federal government for vioutf8g its own presidential executive order. But Austin knows that even if Bout lands in a US prison for life, there will be someone else to take his place. It’s already happening, she says. As dark as it sounds, Austin will never have to go without a job.

"I’ve seen so much of the same thing go on year after year," Austin said. "You just have to take it in stride and keep coming back punching and hitting. That’s just the nature of the beast, the nature of the work that I do. You just have to keep going."

Judge denies SF Weekly motion for new trial

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Judge Marla Miller July 18th rejected attempts by the SF Weekly and its chain owner to overturn the Bay Guardian’s victory and $16 million jury award in a predatory pricing case.

The ruling on the defendants’ post-trial motions marked the end of the first full round of this legal fight and sets the stage for a shift to the California Court of Appeal. All that remains to be decided by Judge Miller is the Guardian’s upcoming motion for attorneys’ fees, which are expressly allowed to a prevailing party under the California Unfair Practices Act.

SF Weekly and Village Voice Media had asked Miller to overturn the jury verdict or order a new trial, and the company lawyers spent hours July 8th arguing that the evidence presented in a five-week trial didn’t justify the jury’s decision. And they claimed, in a laundry list of challenges, that Miller had issued improper jury instructions and erred in admitting evidence at trial.

Defense attorneys James Wagstaffe and H. Sinclair Kerr also tried to get the judge to overturn the 16-paper chain’s liabilty for any damages awarded by the jury. That would have left the Weekly as the only guilty party. VVM had admitted in earlier post-trial proceedings that the Weekly has a negative net worth and alone would be unable to pay the Guardian anywhere near $16 million.

Miller, with little comment, denied those requests.

In her “order denying defendants’ motion for new trial” Miller stated:

“To the extent that the motion for New Trial is based upon the grounds of insufficiency of the evidence to justify the verdict (Civil Procedure Code #657(6) and excessive damages (Civil Procedure Code #657(5) the court has weighed the evidence and is not convinced from the entire record, including reasonable inferences therefrom, that the jury clearly should have reached a different verdict. To the extent that the motion for New Trial is based upon errors at law which Defendants contend occurred at the trial and were excepted to by them (Civil Procedure #657(7), the Court finds these contentions lack merit.”

The defendants have said they plan to appeal.

The case centered around the Guardian’s charge that the Weekly had for years violated California’s Unfair practices Act by selling advertising space below the cost of producing it for the purpose of injuring the locally owned, independent competitor.

Evidence presented at trial showed that the Weekly had consistently lost money, as much as $2 million a year, since New Times, now known as VVM, bought the paper in 1995.

The chain later bought the East Bay Express, and transformed it from a profitable paper to one that consistently lost money. Between the Weekly and the Express, VVM has lost some $25 million in San Francisco.

The evidence also showed that VVM’s executive editor, Michael Lacey, had vowed to put the Guardian out of business, and that Weekly advertising and business staff were instructed to try to take business away from the Guardian by below cost pricing, whatever the sacrifice in revenue and profits.

And while the VVM lawyers mounted a convoluted legal argument to claim that the parent company wasn’t legally liable for any damages, the trial showed that the senior executives at the Phoenix-based chain were not only aware of the predatory strategy but were active participants in enabling the Weekly to carry out its pervasive program of below-cost sales..

In fact, two senior officers, CFO Jed Brunst and Controller Jeff Mars, testified on the stand or in pretrial depositions that the SF Weekly would have gone out of business years ago if the chain hadn’t made a policy of shipping large sums of money from headquarters into the San Francisco operation to subsidize below-cost sales.

After the trial, jurors said they were convinced that VVM sought to destroy local competition. Juror Kerstin Sjoquist, a local business owner and graduate student, said in an interview that “it felt overly predatory on the part of the Weekly” and that “the predatory intent trickled down from the top.”

Although the VVM lawyers have 60 days to file their notice of appeal, there’s already some indication of what the chain will try to argue to the higher court. Even before the trial started, Andy Van De Voorde, VVM executive associate editor, who flew in from Denver to cover the trial for the Weekly, argued in his blogs that the California Unfair Practices Act was out of date and irrelevant. Referring to the act as a “depression era law,” (actually, the act dates back to 1913, California’s Progressive Era), Van De Voorde suggested that modern competitive markets made such a law pointless.

The law bars any business from selling a product or service below cost with the intent to harm a competitor or destroy competition. That prohibition has been upheld by many appellate court decisions, some as recent as the 21st century. The state Legislature has reviewed and even amended that part of the state code many times in recent decades, but has declined to make any fundamental changes in the protections afforded by the Unfair Practices Act.

And the trend toward chain ownership and consolidation of businesses in everything from coffee shops to bookstores and hair salons would seem to suggest that the need for a law protecting independent local merchants from predatory chains is greater than ever today.

That’s certainly true for the news media: One company new owns almost every daily newspaper in the Bay Area.

Both before and after the trial, the VVM lawyers also argued that a ban on predatory pricing would violate the Weekly’s First Amendment rights. If the paper was forced to live within its means – that is, to raise ad rates and stop relying on big subsidies from the chain – Weekly managers might have to cut the size of the staff, thus reducing editorial coverage, the lawyers argued.

Two judges – first Richard Kramer, who handled pre-trial rulings, and later Miller – rejected that argument wholesale.

As the Guardian’s lawyers argued, newspapers have always had to follow basic business regulations – even when they might cost money that could have gone to editorial staffing. No newspaper has ever seriously tried to claim that labor laws, or environmental laws, or workplace-safety laws, or tax laws were a First Amendment violation.

Still, those claims may appear again in the appellate briefs.

Meanwhile, the costs to VVM and the Weekly will continue to rise: If the verdict is upheld on appeal, the chain will have to pay interest on the jury award, which is now accruing at about $4,300 a day. And at this point the Guardian has an additional statutory right to recover reasonable attorney’s fees, which could add a substantial amount to the current judgment of more than $16 million

The Guardian’s lawyers are Ralph Alldredge, Richard Hill and E. Craig Moody.

You can read the Guardian’s key legal brief on the post-trial motions here. For a detailed history of the case, click here

Sonic Reducer Overage: Long Winters, Edgetone, Martin Luther’s Rebel Soul, the Buckets, and more

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The Long Winters try on a nouvelle vague guise.

What to do, when not sailing down a Mission Creek or taking a shine to Diamond Days? A few more shows for you…

The Buckets
‘Member alt-country? Well, it remembers you. And one of SF’s ’90s-era main proponents the Buckets returns with a double CD to celebrate. With the Great Auk and Sister Exister. Thurs/17, 8:30 p.m., $10. Cafe du Nord, 2170 Market St., SF. (415) 861-5016.

The Long Winters
The new Putting the Days to Bed (Barsuk) dares to reach for the epic amid country-rock guitars. Thurs/17, 9 p.m., $15. Independent, 628 Divisadero, SF. (415) 771-1422.


Joseph Arthur

Author, Arthur! You can’t stop the music: the singer-songwriter has unleashed four EPs leading up to the forthcoming album, Temporary People (Lonely Astronaut). Fri/18, 9 p.m., $20. Great American Music Hall, 859 O’Farrell, SF. (415) 885-0750.