Independent

Shelter

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REVIEW To a certain extent, almost all surfing flicks carry undercurrents of homoeroticism — but rarely do those vibes take center stage. With Shelter, that’s not the case. Starring Trevor Wright (a TV vet making his big-screen debut) and Brad Rowe (Billy’s Hollywood Screen Kiss), the movie is about two young surfer dudes whose practice of spending endless hours together either half-naked in the water or bonding over neverending six-packs of beer leads to a passionate love affair. So don’t expect to see any radical wave-riding here. Instead, you should count on a sweet and tender rendering of innocent flirtation (and the awkwardness, playfulness, and silliness that come with it), and of the complex deeper emotional phases that a person falling in love goes through. Although Shelter doesn’t avoid being a bit sappy every now and then — and at times the acting feels a bit forced — the truly amazing chemistry between the two protagonists overshadows many of the film’s imperfections. The first movie to be produced under the here! Films Independent Film Initiative (which helps thematically edgy and thus noncommercial projects with all aspects of production), Shelter also marks director Jonah Markowitz’s first attempt at feature filmmaking. If you missed it at Frameline last summer, here’s a chance to make amends.

SHELTER opens Fri/28 in San Francisco.

Mirkarimi for state Senate?

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I just heard a fascinating little rumor that says something about the state Senate race between Carole Migden, Mark Leno and Joe Nation.

Nation’s from Marin and is the more moderate candidate, and some San Franciscans fear that the two more progressive queer legislators could split the SF vote and leave the door open for Nation to win – and for San Francisco to lose a state Senate seat. So a few supporters of Sup. Ross Mirkarimi are saying that he ought to enter the race, as a write-in for the June Green Party primary.

Under the theory here, Mirkarimi would get the Green nomination. If Migden or Leno is the Democrat in the race, he’d drop out. If it’s Nation, he might want to decide to stay in.

Of course, that could mean giving up his board seat, since he’s up for re-election in November, and I’m not sure that’s a good idea. Perhaps better to have Mirkarimi in San Francisco than Sacramento.

But it shows how concerned people are about the prospect of SF losing this seat.

Mirkarimi was a little startled when he first heard of the plan, which was hatched by supporters who never actually talked to him about it. “I was taken by surprise at how well thought out this became, completely independent of me,” he said. He said he’s running for re-election to the Board of Supervisors, and that’s his priority. But he’s not against the concept of joining the Green Party primary, and if the Democrat were Joe Nation “then I would have to make a decision.”

Blown coverage

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Most major media outlets are cautious about the war in Iraq these days. Other than times like, say, the fifth anniversary, they don’t cover the war every day, and when they do, they usually provide some sense of the war’s enormous costs, as well as its unpopularity both here and abroad.

But that wasn’t always the case. When George W. Bush beat the drums of war five years ago, most news organizations did little to question the president’s rhetoric. Some even played an active role in selling his case to the public.

“Although some raised doubts, none of the major newspapers were completely against the war,” Greg Mitchell, editor of Editor and Publisher magazine, told the Guardian. According to a 2003 survey by Mitchell’s publication, about 24 percent of newspapers questioned Bush’s arguments prior to the invasion, while the rest supported or were impartial to them.

“Very few disagreed with Bush’s language when he used terms like axis of evil and evildoers,” said David Domke, associate professor of communication at the University of Washington. Domke analyzed 320 editorial pages of the country’s top 10 newspapers between Sept. 11 and the beginning of the Iraq War. He found very little scrutiny or questioning of the administration’s case.

Another 2003 study, this one published in the Newspaper Research Journal, examined coverage by The New York Times and Washington Post between Sept. 11 and Oct. 7, 2001. The study concluded that most editorials in the influential papers simply reiterated White House opinions. This passive acceptance of administration spin did not just influence public opinion, the Journal argued. It also set the tone for news coverage across the country.

Broadcast media mimicked the pro-war bent of the country’s major newspapers. “Overwhelmingly, the expert sources [on television] were pro-war, even [on] PBS,” said Isabel Macdonald, communications director of Fairness and Accuracy in Reporting (FAIR).

In the weeks following Colin Powell’s presentation to the United Nations, FAIR found that 75 percent of the 393 sources who appeared on ABC, CBS, NBC, and PBS nightly news were current or former military officials. Only one speaker, Sen. Edward Kennedy (D-Mass.) denounced the invasion.

Since the invasion five years ago, the public’s approval of the Iraq War has gone from about 70 percent to 35 percent. Recent editorials reflect this drastic shift. A July 2007 study by Politico.com found that newspaper opinion pieces are now much more critical of the war. The New York Times called for a troop withdrawal on July 8, 2007. The Fort Worth Star-Telegram, which twice endorsed Bush, called for a withdrawal several months before the Times. Another traditionally conservative daily, the Dallas Morning News, also asked for troop reductions.

Once the war started going badly, “a lot of military elite jumped ship,” Robert McChesney of the media reform organization Free Press told the Guardian. “Reporters have changed their stance because their sources have given them a different point of view.”

The alternative press, on the other hand, was consistently against the war from the start, and alternative weeklies provided some of the most significant coverage of the antiwar movement. The Guardian editorialized against the war, did cover stories against the war and pushed the agenda on a regular basis – and we weren’t alone.

We emailed editors of papers belonging to the Association of Alternative Newsweeklies to get a sense of how many were out in front against the invasion, and the results were impressive. All over the country, in big cities and small towns, alt-weeklies were filling the role that the daily papers and TV stations didn’t.

Among the papers that published articles critical of Bush’s war plans and that reported favorably on the protests: Tucson Weekly. Athens (Ohio) News. Boulder Weekly. Long Island Press. North Coast Journal. Monterey Coast Weekly. Random Lengths (San Pedro). Memphis Flyer. Boston Phoenix. ArtVoice (Buffalo). Rochester City Newspaper. Colorado Springs Independent.

“We came out against it immediately,” wrote Bradley Zeve, publisher of the Coast Weekly. “And we sent a report to Iraq.”

Said Robbie Woliver, editor in chief of Long Island Press: “We were on this from the start and even had some amazing ongoing coverage by a reporter who was non-embedded. Back then that was pretty rare.”

Paemla White at Boulder Weekly noted that her paper “wrote a mondo article covering every single antiwar event in the week prior to shock and awe in an effort to prove conclusively that there was opposition.”

Ken Neill, publisher of the Memphis Flyer, reminded us that his paper was “ahem, outspoken in our editorials and in coverage of marches, etc.” That’s something of an understatement – Neill and his publication were among the most vociferous opponents of the war in the country.

In fact, most of the alts were writing about the war well ahead of the invasion: “Don’t forget that we gave the anti-war perspective BEFORE the war started,” said James Allen, publisher of Random Lengths.

The Village Voice and the L.A. Weekly both had strong antiwar articles in 2003. But they’re now part of the same chain that owns the SF Weekly, and the chain (now called Village Voice Media) doesn’t allow editorials in its publications. In fact, the Weekly made fun of the antiwar protesters (including the Guardian staff).

But overall, if you wanted to find out the other side of the war story, the alternative weeklies were offering it.

Where’s Otto?

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>a&eletters@sfbg.com

ISBN REAL Graphic novels, obviously, aren’t just movies with a lot of missing frames. In the hands of artists like David B. or Craig Thompson, the elastic potential of their subjects, and of the panels that hold them, is realized in a manner entirely at odds with the medium of film.

From the perspective of screenwriters, however — particularly ones beaten repeatedly over the head with the knotty stick of the studio system — that’s nothing that can’t be worked out over a cup of coffee. More and more frustrated writers and directors are reviving their dead film and television projects in the form of comics and graphic novels, either as a last, affordable option or as a way of seeing an original vision make it through the production process intact. Joss Whedon could follow his and not the WB’s muse with the illustrated-only eighth season of Buffy the Vampire Slayer, and certainly no one was knocking down Richard Kelly’s door to film the six-part prequel to Southland Tales.

Alex Cox, writer and director of the 1984 cult classic Repo Man, also has seen the light. His sequel to that film, Waldo’s Hawaiian Holiday (Gestalt Publishing, 164 pages, $19.95), is finally coming out, after more than a decade in the drawer, as a graphic novel. The script, written for the screen in the mid-1990s, was presented unsuccessfully to Universal and then later was the source material for an unfinished independent venture. So Cox posted the screenplay on his Web site, as well as dozens of others he has written or cowritten, with the open offer of a yearlong license to anyone interested in making a film.

Comics artist Chris Bones responded with a graphic novel proposal. The finished version, with artistic contributions by Justin Randall, is a richly drawn and smartly assembled festival of scuzz.

Waldo, as one might expect, answers the questions Repo Man raised with equivocation and deferment, and adds a couple of revelations that are quite cool if I understand them right.

You’ll recall that Repo Man left our hero, Otto, as he was shooting off into space in a glowing green 1964 Chevy Malibu. What we are kinda informed of right off the bat in the sequel is that Otto, now calling himself Waldo (presumably in a legal sidestep), has come back from a 10-year stint on Mars, maybe, though he thinks he’s only been gone for the night. Expecting to find his numskull parents where he left them on the couch, he shows up at their door only to discover he owes rent to a couple of bachelors (one "confirmed") now living there in meticulously rendered squalor.

Waldo more or less shrugs off his situation and proceeds to hop from one doomed job to the next, each of them overseen by the same mysterious man, though under different names. All the while, he abuses the trusting nature of the Russian Shopping Network and makes several attempts to use free tickets to Hawaii he earned by sitting through a real estate pitch. (I’m still not sure what was glowing in the Malibu’s trunk in Cox’s movie.)

Of course, there are more aliens and whatnot, but the strangest thing is Otto-now-Waldo’s change in temperament. The edgy, snotty Emilio Estevez of Repo Man is nowhere in sight. Waldo is a gentle, courteous kind of punk who says things like, "I’ll just redouble my efforts … buy a printer, get these job applications out, find another job ASAP." Waldo must have learned the word "redouble" in space, where he also picked up a considered cheeriness that could have been mistaken for maturity if it weren’t so apparent that Cox is up to something.

It helps to know that Cox is not one to shy away from the polemical, particularly at the expense of economic imperialism. The introduction to X-Films: True Confessions of a Radical Filmmaker (Soft Skull Press, 304 pages, $17.95), an upcoming book about his experiences as a filmmaker, is only a few angry pen strokes shy of a screed, and his 1987 film Walker lampooned — not very elegantly, really — the 19th-century American mercenary William Walker’s overthrow of the Nicaraguan government. Amongst Cox’s movies, Three Businessmen, a 1998 love child of the gospel according to Luke and Luis Buñuel’s The Discreet Charm of the Bourgeoisie (1972), presents the closest echoes of Waldo. Its characters share Waldo’s aimless, profligate compliance with the dictates of modern capitalism.

And that’s really what Waldo’s Hawaiian Adventure is about, probably.

Would you finance that movie?

Discounts that do good

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› news@sfbg.com

GREEN CITY Coupon books don’t tend to be of much use to green-minded consumers or businesses. They’re usually just chock full of special offers from fast food restaurants and wasteful chain stores. That’s why former credit auditors Anne Fisher Vollen and Sheryl Cohen started the Green Zebra Savings Guide. They wanted to use the good old-fashioned clip-outs to draw customers to, and educate them about, environmentally conscious companies.

"It is our hope that discounts will give Green Zebra users incentive to try out a new green alternative to a traditional product or service," Vollen told the Guardian. "Then if it lives up to their expectations, [we hope] they will continue to patronize that business even without the discount."

First published in San Francisco in 2007, Green Zebra promotes bargains for enterprises such as green retailers, bike shops, and independent bookstores. It also offers useful educational tips on topics such as greening your home, purchasing eco-friendly beauty products, and creating a zero-waste lunch. To make it into the book, companies have to meet two of the following criteria: they must offer a discount on a green product or service, run their business in a sustainable manner, be locally owned, and/or contribute significantly to the community.

This past year, Vollen and Cohen expanded the guide to include separate editions for Marin County and the peninsula. Helping people buy from Bay Area businesses rather than larger chains is a critical aspect of Green Zebra’s mission. By promoting independent, locally owned firms, Vollen said, "We are not only strengthening the local economy but also helping preserve the uniqueness of San Francisco, rather then contributing to the strip-mallization that has become so rampant in the US."

Vollen understands that living in modern day America makes it hard, if not impossible, to reform everything about our lives. But she hopes Green Zebra will encourage people to start with small steps, inspired by issues they’re passionate about. The mother of two and MBA graduate told us her own personal passion of late has been finding ways to eliminate water bottle waste. "Less than 10 percent of bottles get recycled, and it’s a petroleum product," she said.

The guide’s mode of production also embodies the spirit of doing what we can to minimize our impact on the planet. Each edition, Vollen said, is printed on "100 percent recycled fiber, 98 percent postconsumer waste paper, processed chlorine-free." In addition, Green Zebra offsets its carbon emissions by helping to fund a methane digester at a family farm. The digester not only takes climate-warming methane out of the atmosphere, it turns the gases into renewable electricity. Another way Vollen and Cohen hope to lead by example is by donating roughly 50 percent of the guide’s proceeds to charity. A portion of this year’s profits went to the San Francisco Green Schoolyard Alliance, an organization that teaches children eco-friendly gardening, architecture, and design skills.

Most Green Zebra sales are through public and private school fundraisers, but copies of the guide are available for purchase online at www.thegreenzebra.org.

Editor’s Notes

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"At 11 a.m., Thursday, March 20, I found myself at the corner of Market and Beale streets, looking at the startling emptiness of the Financial District." (See "The days SF stood still," [03/26/03]).

That’s where I was five years ago. You remember where you were, too: it was one of those moments in time that nobody forgets. Shock and Awe lit up the sky over Iraq, President George W. Bush announced the glorious military victory that was on the way, and the politicians — even the Democrats — were so busy praising the troops in the field that nobody stopped to ask how this was all going to end.

As we report this week, the major newspapers didn’t, either. In fact, in a survey by Editor and Publisher magazine, more than 75 percent of the papers supported Bush’s arguments for war. The airwaves were filled with generals and admirals talking up the invasion; the antiwar movement was marginalized.

And while the mainstream media were waving flags and cheering, the alternative press was presenting the other side of the issue. "Bush’s war represents a dangerous turning point for the United States," we wrote on March 26, 2003.

I sent out an e-mail to my colleagues in the Association of Alternative Newsweeklies this week asking how many of the weeklies were strongly against the war, and the answers started pouring in immediately. Tucson Weekly. San Diego City Beat. Boulder Weekly. Monterey Coast Weekly. Boston’s The Phoenix. The North Coast Journal. Random Lengths. The Memphis Flyer. Rochester City Newspaper. Creative Loafing. And that’s just a few of the names on the list.

Overall, the independent and alternative media were in the vanguard, providing the information that the big outfits wouldn’t.

Phosphorescent shimmers with strange beauty

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By Todd Lavoie

Old Weird America, indeed – the spectral-twangin’, gorgeously raggle-taggle ghost-folkster Matthew Houck, a.k.a., Phosphorescent, will be throwing mad shadows upon the walls of the Independent Sunday, March 23, when he takes the stage in support of his October-released spine-tingler Pride (Dead Oceans).

Now on album number three, the Athens, Geo./Brooklyn-based Houck has expanded beyond the largely go-it-alone parameters of Pride to include a backing band for this tour; should be interesting to see how the deep-in-the-earhole intimacy of the almost entirely self-recorded disc translates to the stage in the form of a full-fledged quartet. Not that there’s much cause to worry: if the guy can bring backwoods-gothic to Bed-Stuy, by crikey, I’m sure he’ll find a way to channel onstage the same gossamer-gospel hocus-pocus that makes Pride such a fascinating listen.

It’s an intriguing proposition, fashioning such distinctly rural sounds while surrounded by so much concrete, but Houck has done exactly that, and quite convincingly as well. This is no pard’ner-grabbing, knee-slapping hoedown, however: instead, Pride arrives in misty drifts, sighing and swaying over pine-cloaked hills, across Civil War battlefields and weed-overrun graveyards. If there’s a trace of Brooklyn on this record, I have to hear it – and while we’re at it, most of the time I’m not picking up too much 21st century here, either. (Other than the production, of course, which is goose-pimplingly exquisite.)

Desperately seeking cinema

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> a&eletters@sfbg.com

Jennifer Reeves’s movies are personal wishing wells, each a repository of dreams and worries. As we see ourselves reflected in the water’s surface after tossing in a coin, so too is Reeves’s presence apparent in the handmade, fussed-over quality of her moving pictures. I use that broad designation pointedly, as her films are as varied in material and form as they are prosaic in mood and temperament. Over 15 years of independent filmmaking, the New York–based artist has created hand-painted films in the style of her mentor Stan Brakhage, freewheeling shorts, fiction fantasias, 16mm double-projections, feature narratives, and experiments in high definition. San Francisco Cinematheque hosts the formally restless filmmaker for a three-program tour.

Reeves’s early shorts channel riot-grrrl spark with scratched-up film stock. Elations in Negative (1990) is a good sample of the celluloid-mad sexual politics of these 16mm beaters, though Taste It Nine Times (1992), with its vivid pickle-biting innuendos, will be missed from the Cinematheque run. In painted films like The Girl’s Nervy (1995) and Fear of Blushing (2001), Reeves’s appropriation of Brakhage’s technique conveys playful femininity in color, pattern, and music.

Though Reeves toyed with narrative early on, most notably in 1996’s psychodrama Chronic, 2004’s The Time We Killed represented a kind of breakthrough. An unhurried 94 minutes passes through the dark mirror of an agoraphobic poet keeping to her New York apartment during the buildup to the Iraq War. "Terrorism brought me out of the house, but the war on terror drove me back in," Robyn (Lisa Jarnot) says in her peripatetic voice-over, adding later, "I’m afraid of catching the amnesia of the American people." Reeves’s magnetically immersive filmmaking is such that the political situation neatly folds into an extended experiment in subjectivity — besides being an unstinting portrait of madness (it’s everywhere in this film: in a record’s spin and neighbors’ voices echoing through the walls, in dogs’ faces, bathwater, and masturbation), The Time We Killed also serves as an understated chronicle of the collateral psychic and moral damage of our country’s manufactured warmongering.

The Time We Killed is heavier than Reeves’s other work, though it’s not without humor; she finds the ridiculous, unwieldy side of depression in Robyn’s litany of death fantasies and a painfully misguided interaction with a curious neighbor. Robyn’s locked in, but Reeves is formally unfettered, mixing conventional 16mm footage with lyrical, associative streams of inner life shot in high-contrast black-and-white. The filmmaker raids her home-movie archive for the film, in addition to using her own apartment and acting as Jarnot’s body double during the extended shooting. This air of transference makes The Time We Killed weirdly transparent, so we feel as intimately connected to Reeves’s isolated work in the editing room as we do to Robyn’s experience in the apartment.

Since The Time We Killed, Reeves has returned to more typically experimental filmmaking. Her 2006–07 Light Work variations strike an ideal balance of abstract and representational visions, in the process cataloging the changing textures of cinema. In the affecting He Walked Away (2007), Reeves dissects, refracts, and abstracts footage from her older movies to create a tri-tipped memorial piece in which the intrinsically elegiac nature of cinema is connected to the dissolution of film technology, which is then tied to the disappearing loves and friendships that shadow personal lives.

As with Guy Maddin — another filmmaker who favors overheated evocations — one has the sense that Reeves could make a hundred interesting movies from the same scraps of footage. "I want to counter the turncoats who say film’s dead," Reeves announces on her excellent new blog. "Try telling a painter that she can only use digital paint on a Mac for the rest of her life. She’d be pissed." But if she were Jennifer Reeves, she certainly wouldn’t slow down.

IMMERSIVE CINEMA: JENNIFER REEVES

Artists’ Television Access, Sat/15, 8:30 p.m.

Yerba Buena Center for the Arts, Sun/16, 7:30 p.m.;
Tues/18, 7:30 p.m.; $6–$8

See Rep Clock for venue information

What the verdict meant

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>>Read more at www.sfbg.com/lawsuit

› tredmond@sfbg.com

The press coverage was impressive: The San Francisco Chronicle put the story on page one. KTVU-TV made it the third item on its 10 O’Clock News. Editor and Publisher, the newspaper trade journal, picked it up, as did Forbes magazine. The San Francisco Daily used a front-page bold banner headline: "Jury punishes chain."

And indeed, as anyone who follows the local news media is aware by now, a San Francisco jury March 5th ruled that the SF Weekly and its corporate parent, Village Voice Media, illegally sold ads below cost in an effort to harm the Guardian. The jurors awarded $6.3 million in damages, and since the law allows as least part of that award to be trebled, the Weekly and VVM could be liable for as much as $15.6 million.

VVM already announced it will appeal, which means it’s unlikely the Guardian will see any cash award for several years as the case works its way through the legal system. But in the meantime, we will be asking Judge Marla Miller to issue an injunction barring any further below-cost sales.

Under state law, interest on the judgment will accrue at 10 percent a year. That means the Weekly and VVM will be paying $4,000 a day in interest for as long as they seek to dispute and appeal the jury decision.

The verdict alone sends a powerful message that goes beyond the newspaper industry. California’s Unfair Practices Act, a Progressive-era measure, forbids a big chain with deep pockets from coming into town and using predatory pricing to run a locally-owned, independent operation out of business. A San Francisco jury has confirmed that the law can be a powerful weapon against the consolidation of news media — and the chain-store assault on local merchants.

Not surprisingly, VVM’s principals have said they are going to try to invalidate the law in the courts. In a written statement posted to the SF Weekly Web site, the chain says it doesn’t think the law ought to apply to competitive markets.

Of course, the entire point of our lawsuit was that the Weekly and VVM wanted to end competition — that the chain was trying to harm its only direct competitor in the San Francisco marketplace. And that’s precisely what the law was written to prevent.

As James R. McCall, a law professor at Hastings, wrote in a 1997 article for the Pacific Law Journal, "the commercial practice of knowingly selling below cost with the intent to injure competitors or injury competition has long been considered unlawful by American courts and state legislatures."

The trial produced reams of evidence and extensive testimony on the business practices of both papers, and provided some remarkable insights into how the nation’s largest alternative newspaper chain operates. Some highlights:

•VVM, which has built highly profitable papers in many national markets, fared very differently here. The chain bought two papers that were profitable concerns — the SF Weekly in 1995 and the East Bay Express in 2001 — and turned them both into huge money losers. Over the past 12 years, the company lost some $25 million in the Bay Area, and has pumped $13 million from corporate headquarters into propping up the Weekly.

Financial data presented in court showed that in markets where the chain faces no direct competition from a strong alternative paper, VVM is practically printing money. Profits in Denver and Phoenix were sky-high, sending some $40 million back to corporate headquarters over about 10 years. But in places where a strong competitor challenged the VVM paper — San Francisco and Cleveland being the two most notable examples — the chain was losing money or its profits were much thinner.

•The folks in Phoenix were obsessed with going after the Guardian. The record is littered with e-mails between VVM headquarters and the SF office discussing ways to get ads out of the locally owned paper. The Weekly publishers had to send a regular "Guardian report" back to Phoenix to show how the two papers stacked up. Weekly publishers admitted that they might have offered special bonuses to sales reps who took ads away from the Guardian.

In fact, three witnesses testified that on the day he bought the Weekly in 1995, Mike Lacey, one of the chain’s two principals, threw a copy of the Guardian on the floor and vowed to put us out of business.

The jurors found that sort of behavior strong evidence of predatory intent. One panel member, 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."

You could see that same intent by the way the Weekly covered the trial. None of the local reporters at the paper were in the courtroom; instead, the chain brought in one of its top editorial executives, Andy Van De Voorde, from Denver to write about the case every day. And the blog posts he authored were about as personally vicious as anything I’ve seen in a long, long time.

Van De Voorde portrayed this entirely as an attempt by Guardian publisher Bruce Brugmann to shake down the Weekly and VVM for money. (And he never reported on the fact that the evidence clearly showed Bruce and his wife, Jean Dibble, had never taken big profits out of the paper and had instead reinvested money to improve the Guardian.) From the start, Van De Voorde called the suit silly and stupid and tried to make the case that the Guardian had no evidence at all to prove predatory pricing.

As the case wore on, he started to change his tune: by the last few days, he was tacitly acknowledging that there was a chance the Weekly would lose, and he started attacking the law itself. In the end, he told me he "wasn’t surprised" by the verdict — although for weeks his blog posts had taken the position that the Guardian couldn’t possibly win.

•The Weekly‘s lawyers essentially argued that their own client was unable to handle pressure from the Internet and unable to adapt to a changing marketplace. Expert after expert on the VVM payroll testified that both the Guardian and the Weekly had seen revenues drop because of outside market forces in San Francisco that apparently were completely beyond the coping ability of a national chain that was making money hand over fist in the rest of the country. In his closing arguments, H. Sinclair Kerr, the Weekly‘s lead attorney, insisted that the market for alternative newsweekly advertising had shrunk and that both papers were, in essence, failing.

That contrasted dramatically with testimony from the only expert witness for either side who had actually run a weekly newspaper. Bill Johnson, publisher of the Palo Alto Weekly, testified that the Internet was not destroying alternative papers and that it was entirely possible to make money in the Bay Area, even during a tough economy. He pointed out that, unlike daily newspapers that rely increasingly on wire-service stories, alt-weeklies offer unique content that can’t be found anywhere else. And the people who are looking for those stories make up a lucrative market for advertisers.

His conclusion, after attending much of the trial and viewing much of the economic evidence: the reason the Guardian was losing revenue was that the Weekly had systematically depressed the price of display ads in the alternative weekly marketplace. And the chain paper was able to do that because of its deep pockets.

Numerous witnesses agreed that the Weekly could have raised its rates and made a profit. But that would have made it possible for the Guardian to compete for those clients — and VVM wanted the market to itself.

In the end, the jury got the message: the Guardian has been hurting badly all these years not because of any external factor but because a rich competitor was selling below cost.
That, Johnson testified, was exactly how predatory chains operate. "It happens," he said, "all the time."

The Guardian was (well) represented by Ralph Alldredge, Rich Hill and E. Craig Moody

Freedom of Information: A citizen’s guide to fighting secret government

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San Francisco has the best local sunshine law in the country — and there are still problems getting access to information. Even though the digital age in which we live affords government agencies with myriad ways to give citizens more access to public documents, there is too often little official will to create transparency. And often, bureaucrats are downright hostile to public scrutiny. But help is out there. This guide to local and national organizations offers a wide range of resources for journalists, citizen activists, and hell-raisers who want to track their tax money and hold their government accountable.

LOCAL ORGANIZATIONS


The California First Amendment Coalition is an independent, nonpartisan, nonprofit organization whose mission is to "promote and defend the people’s right to know" by improving compliance with state and federal access laws. CFAC’s Web site contains an archive of articles dealing with FOI issues, the texts of state FOI laws, and other useful resources. 534 Fourth St., Suite B, San Raphael, CA 94901. (415) 460-5060, cfac@cfac.org, www.cfac.org.

The California Newspaper Publishers Association is the umbrella organization to which most newspapers in the state belong, so it has an acute interest in open government. Its FOI Watch newsletter (also available online) includes a clearinghouse of sunshine news from around the state. 708 Tenth St., Sacramento, CA 95814. (916) 288-6015, tom@cnpa.com (general counsel Thomas Newton), www.cnpa.com.

Californians Aware, run by former CFAC general counsel Terry Francke, helps activists and organizations get access to public meetings and records and offers resources on the Web for citizens, public officials, journalists, and attorneys. 2218 Homewood Way, Carmichael, CA 95608. (916) 487-7000, info@calaware.org, www.calaware.org.

The Center for Investigative Reporting sponsors workshops on investigative techniques for journalists and university students. The center’s Web-based magazine provides FOI information, tips for journalists, and updates on past CIR investigations. 2927 Newbury St., Suite A, Berkeley, CA 94703. (510) 809-3160, center@cironline.org, www.muckraker.org.

The DataCenter provides on-call research, consultation, and referrals to justice organizations regarding FOI issues. It also offers research and action training. Services are free or on a sliding scale, depending on one’s ability to pay. 1904 Franklin St., Suite 900, Oakland, CA 94612. (510) 835-4692, ext. 376, www.datacenter.org.

The Electronic Frontier Foundation, an online First Amendment organization, works to uphold digital free speech, empower the online public, and protect privacy on the Internet. It provides stories and alerts on its Web site, with daily updates. Effector, an e-mail newsletter, is available through the site. 454 Shotwell St., S.F., CA 94110. (415) 436-9333, information@eff.org, www.eff.org.

The First Amendment Project is a public interest law firm that provides legal representation, educational programs, and low-cost or free advice for journalists, public interest organizations, and individual citizens with public records and FOI-related issues. In a joint publication effort with the Society of Professional Journalists, the project offers three free pocket guides, on the Brown Act, California’s Open Meeting Law, and accessing court records. The Web page has information on using the California Public Records Act as well as on getting court records. 1736 Franklin St., 9th floor, Oakland, CA 94612. (510) 208-7744, fap@thefirstamendment.org, www.thefirstamendment.org.

Media Alliance is a nonprofit media center that offers classes on journalism skills, including how to find and use public records. 1904 Franklin St., Suite 500 Oakland, CA 94612. (510) 832-9000, information@media-alliance.org, www.media-alliance.org.

The Society of Professional Journalists, Northern California Chapter, FOI Committee fights for open access to information and educates members of the public on FOI issues. The group provides a subscription e-mail list for journalists and others involved in FOI and First Amendment issues in California as well as putting on the James Madison FOI Awards. 222 Sutter St, 6th Floor, San Francisco, CA 94108 (415) 321-1700, www.spj.org/norcal.

NATIONAL ORGANIZATIONS


The Brechner Center for Freedom of Information conducts research and educates the public in mass-media law and the First Amendment, including public access to government meetings and records and litigation information. University of Florida, College of Journalism and Communications, 3208 Weimer Hall, P.O. Box 118400, Gainesville, FL 32611-8400. (352) 392-2273, www.jou.ufl.edu/brechner.

The Center for National Security Studies works with concerned citizens and groups to expose secret government policies and offers free assistance to those seeking records under the Freedom of Information Act. It also coordinates related litigation. 1120 19th St. NW, 8th floor, Washington, D.C. 20036. (202) 721-5650, cnss@cnss.org, www.cnss.org.

The FOIA Blog, created by an FOIA Washington attorney, has an updated list of documents currently being released by several government agencies infoprivacylaw@yahoo.com, www.thefoiablog.typepad.com.

The Freedom of Information Center of the University of Missouri School of Journalism has a collection of more than one million articles and documents about access to information at the local, state, and federal levels. The center works to ensure compliance with sunshine laws around the country. Its Web site contains links, updates, and tips on FOI inquiries. A free e-mail newsletter provides information on developments in FOI access and issues; you can sign up by contacting umcjourfoi@missouri.edu. University of Missouri, 133 Neff Annex, Columbia, MO 65211. (573) 882-5736, daviscn@missouri.edu, www.missouri.edu/~foiwww.

GovernmentDocs allows people to browse and search thousands of pages acquired through the FOIA and sunshine laws. Registered users can review and comment on documents. www.governmentdocs.org

GovTrack provides information on the U.S. Congress. It compiles information on federal legislation, voting records, and other congressional date and simplifies the language for ordinary citizens. It also indexes all bills, as well as changes to them, in Congress and all roll call votes www.govtrack.us.

Investigative Reporters and Editors provides educational services for investigative reporters and editors. The group’s Web site offers FOI-related resource guides, a database of FOI stories, tips for using the Freedom of Information Act, and a database of previous FOI requests. University of Missouri School of Journalism, 138 Neff Annex, Columbia, MO 65211. (573) 882-2042, www.ire.org

The National Freedom of Information Coalition is composed of First Amendment organizations dealing with FOI issues. It provides resources for the media, government officials, lawyers, and citizens who want access to public information. The coalition also offers seminars and workshops to media professionals, attorneys, academics, students, and the public on FOI issues and helps nurture start-up FOI groups and Internet sites. Its Web site offers links to relevant legislation and organizations state by state, as well as an Internet mailing list, FOI-L. 133 Neff Annex, Columbia, MO 65211. (573) 882-5736, cdavis@nfoic.org, www.nfoic.org.

OMB Watch is a member of the Public Access Working Group, a coalition of organizations promoting greater access to government information. OMB Watch offers an online newsletter, OMB Watcher, available on its Web site or by e-mail, which typically includes articles on FOI issues. To subscribe to the weekly e-mail version, e-mail join-ombwatcher@lyris.ombwatch.org. 1742 Connecticut NW, Washington, D.C. 20009. (202) 234-8494, www.ombwatch.org.

The Project on Government Secrecy is an advocacy and public education project of the Federation of American Scientists. The project has an extensive archive and provides regular news updates through its Web site and e-mail newsletter, Secrecy News. 1725 DeSales Street NW, 6th floor, Washington, D.C. 20036. (202) 454-4691, www.fas.org/sgp/index.htm.

Project Vote Smart provides information on local, state, and national candidates, including voting records, issue positions, campaign contributions, phone numbers, and mailing addresses. The database is accessible by calling the toll-free hotline at 1-888-VOTE-SMART. 1 Common Ground, Phillipsburg, MT 59858. (406) 859-8683 comments@vote-smart.org, www.vote-smart.org.

The Radio-Television News Directors Association is the world’s largest professional organization devoted to electronic journalism. It lobbies for cameras in courtrooms and strong FOI laws and provides coverage of FOI issues on its Web site. 1600 K St. NW, Suite 700, Washington, D.C. 20006. (202) 659-6510, www.rtnda.org.

The Reporters Committee for Freedom of the Press operates the 24-hour FOI Service Center at 1-800-336-4243 to answer emergency questions from journalists and others with open-records problems. 1101 Wilson Blvd., Suite 1101, Arlington, VA 22209. (703) 807-2100, rcfp@rcfp.org, www.rcfp.org.

The Society of Professional Journalists advocates for open access to information and educates members of the public on FOI issues. The society’s Web site has an FOI section with extensive links to resources and information, including a list of FOI advocacy organizations. 3909 N. Meridian St., Indianapolis, IN 46208. (317) 927-8000, questions@spj.org, www.spj.org.

State Sunshine and Open Records shares information, guidance and advice on developments and news about open records at the state and local level. They also have an extensive list of links to other sunshine blogs. www.openrecords.wordpress.com.

The Student Press Law Center works with the Reporters Committee for Freedom of the Press to cover FOI and other First Amendment issues reutf8g to high school and college journalists. It offers free advice, lawyer referrals, and analysis. 1101 Wilson Blvd., Suite 1100, Arlington, VA 22209. (703) 807-1904, admin@splc.org, www.splc.org.

The Sunlight Foundation develops a database to ensure transparency in government and fiscal accountability. They digitize new info and provide access to existing information. 1818 N Street NW, Suite 410, Washington, D.C. 20036, (202) 742-1520. www.sunlightfoundation.com.

WikiFOIA helps people understand the FOI Act on a state and federal level by providing a how-to-guide about open records requests, as well information on how to make that request. www.wikifoia.pbwiki.com.

INTERNATIONAL ORGANIZATIONS AND RESOURCES


The Guardian Web site has extensive information and links concerning international press-freedom issues. For details on journalists under fire, including frontline dispatches and reports from the battle to keep the world safe for journalists, go to www.sfbg.com/journalists/. For updates, dispatches, and links to national and international FOI groups, go to www.sfbg.com/FOI.

The UK FOI Blog provides a glimpse into how FOI issues are dealt with across the pond by listing news and developments on FOI in Great Britain. www.foia.blogspot.com.

Local government resources

The Government Information Center, on the fifth floor of the San Francisco Public Library’s Main Branch, stocks public documents published by the city. These include annual reports for committees and departments, minutes and agendas of official meetings, environmental impact reports, and city audits, ordinances, and resolutions. San Francisco Public Library, 100 Larkin St., S.F., CA 94102. (415) 557-4500, www.sfpl.org.

The Oakland Public Ethics Commission responds to complaints and holds hearings on possible violations of the city’s Sunshine Ordinance. Records, tapes of the commission’s meetings, agendas, and minutes can be picked up at the commission’s office. 1 Frank Ogawa Plaza, 4th floor, Oakland, CA 94612. (510) 238-3593, ethicscommission@oaklandnet.com, www.oaklandnet.com/government/public_ethics/webpage.html.

The Office of Information and Privacy, U.S. Department of Justice, provides online versions of frequently requested records, opinions, policy statements, and guides to the Freedom of Information Act. The guides include detailed instructions for filing FOIA requests, average response times for different governmental offices, and a wealth of other useful information. The text of the FOIA is available on the office’s Web site. 1425 New York Ave., Suite 11050, Washington, D.C. 20530. (202) 514-3642, www.usdoj.gov/oip/oip.html.

Public Access to Court Electronic Records is an online database of court records and decisions. Web access is 8¢ a page, and requires registration through the Web at www.pacer.psc.uscourts.gov. P.O. Box 780549, San Antonio, TX 78278. 1-800-676-6856, pacer@psc.uscourts.gov.

The San Francisco Ethics Commission monitors and enforces the Sunshine Ordinance and the city’s governmental-ethics, campaign-finance, and lobbyist-reporting laws. Individuals can file complaints regarding violations of the Sunshine Ordinance. The commission meets the second Monday of each month at 5:30 p.m. in City Hall, Room 408. 25 Van Ness, Suite 220, S.F., CA 94102. (415) 252-3100, ethics.commission@sfgov.org, www.sfgov.org/site/ethics_index.asp.

The San Francisco Law Library is open to the public, though only government officials, state bar members, and judges can check out items. Main reference library: Mon.-Fri., 8:30 a.m.-5 p.m., Veterans War Memorial Building, 401 Van Ness, Room 400, S.F. (415) 554-6821. Courthouse reference room: Mon.-Fri., 8:30 a.m.-4:30 p.m., 400 McAllister, Room 512, S.F. (415) 551-3647. Financial District branch: Mon.-Thurs., 9 a.m.-9 p.m.; Fri.-Sat., 9 a.m.-5 p.m.; Sun., noon-4 p.m., 685 Market St., Suite 420, S.F. (415) 882-9310, www.ci.sf.ca.us/site/sfll_index.asp.

The Sunshine Ordinance Task Force oversees compliance with San Francisco’s sunshine law by investigating complaints from individuals who believe city officials have withheld records or conducted meetings in violation of the law. The task force meets the fourth Tuesday of each month at 4 p.m. City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244 (meetings held in Room 408), S.F. For complaint forms and other information call (415) 554-7724 or go to http://www.sfgov.org/site/sunshine_index.asp

PUBLICATIONS


The California First Amendment Coalition publishes the California Journalist’s Legal Notebook, a handy guide to the legal issues surrounding telephone interviews, press passes, gags on sources, and other journalism-related topics ($36.25, $30.88 for CFAC members, shipping included). Also by CFAC is The New Brown Act: How the Open Meeting Law Has Been Revised ($12.75, $7.39 for CFAC members, shipping included). (415) 460-5060.

The Oakland Public Ethics Commission publishes a free brochure, How to Notice a Public Meeting under the Oakland Sunshine Ordinance and the Brown Act, useful for making sure a public meeting follows the requirements of the Brown Act. (510) 238-3593, (510) 238-6620, ethicscommission@Oaklandnet.com, www.oaklandnet.com/government/public_ethics/webpage.html.

Access to Courts and Court Records in California, Open Meeting Laws in California, and The California Public Records Act are free, convenient, quick-reference guides published by the Society of Professional Journalists, Northern California Chapter, and the First Amendment Project. (510) 208-7744, www.thefirstamendment.org/freepress.html.

The ACLU Freedom of Information Project publishes Using the Freedom of Information Act: A Step-by-Step Guide (#4002, $3) and Your Right to Government Information (#1190, $5.95), which covers a broader range of topics, including how to get into public meetings. Both publications can be ordered online through the ACLU’s e-store or by phone. ACLU Publications, P.O. Box 4713, Trenton, NJ 08650-4713. 1-800-775-2258, www.aclu.org.

The Government Printing Office publishes The Freedom of Information Act Guide and Privacy Act Overview ($63), a 986-page guide to the FOIA produced by the Justice Department. It can be ordered by phone at 1-866-512-1800 or online at bookstore.gpo.gov. The Citizen’s Guide is available in its entirety online at www.fas.org/sgp/foia/citizen.html.

The Freedom of Information Clearinghouse Guidebook is a free brochure about making FOIA requests and appealing agency decisions. It’s available online through the Freedom of Information Clearinghouse. www.citizen.org/litigation/free_info/index.cfm.

Paper Trails: A Guide to Public Records in California ($12.89), written by Stephen Levine and Barbara Newcombe, is published by the Center for Investigative Reporting and supported by the California Newspaper Publishers Association. It can be ordered from the CIR. An abridged, online version is coming soon. 2927 Newbury St., Suite A, Berkeley,, CA 94703. (510) 809-3160, www.centerforinvestigativereporting.org/

The fourth edition of the Investigative Reporters’ Handbook ($61, $51 for Investigative Reporters and Editors members), by Steve Weinberg, Brant Houston, and Len Bruzzese, is a comprehensive and accessible guide for novice and experienced journalists that shows how to locate and use more than 500 sources of public information. (573) 882-3364, www.ire.org/store/books.

The Reporters Committee for Freedom of the Press supplies a wealth of publications on public access and other First Amendment topics. How to Use the Federal FOI Act ($5) is a handbook on FOI rights, with instructions for appealing if your request is denied, and includes sample letters. The First Amendment Handbook ($7.50) is a journalist’s pocket guide to FOI issues. Two guides — Judicial Records: A Guide to Access ($3) and Access to Electronic Records ($5) — analyze state laws and decisions regarding access to legal records and government electronic data. Tapping Officials’ Secrets is a set of guides to state public records and open-meeting laws ($10 a state). The News Media and the Law is a quarterly magazine that includes updates on legislation pertinent to FOI ($30 a year for four issues). Some of these publications are available in their entirety online; all can be ordered online. 1-800-336-4243, www.rcfp.org.

The second edition of Law of the Student Press ($18) is a vital handbook for student newspapers. It’s extensively annotated but avoids legalese and tries to bring the law to life for students and educators. The Student Press Law Center also publishes Covering Campus Crime, Third Edition ($2) and the Student Press Law Center Report ($15 for three issues a year). (703) 807-1904, www.splc.org.

Citizen Muckraking: How to Investigate and Right Wrongs in Your Community ($9) offers advice on writing press releases, conducting interviews, and using the FOIA. The book, a collaborative effort by the Center for Public Integrity, is available through Common Courage Press. 1-800-497-3207, www.commoncouragepress.com

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Freedom of Information: 2007 James Madison Award winners

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Click here for details on the First Amendment Awards Dinner.

Norwin S. Yoffie Career Achievement Award

DAN NOYES (COFOUNDER, CENTER FOR INVESTIGATIVE JOURNALISM)


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

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

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

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

Beverly Kees Educator Award

CLIFF MAYOTTE


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

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

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

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

Professional Journalists

WILL DEBOARD


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

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

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

THOMAS PEELE


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

ROLAND DE WOLK


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

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

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

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

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

Broadcast News Outlet

KGO-TV


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

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

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

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

Print News Outlet

SACRAMENTO BEE


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

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

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

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

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

Community Media

THE BERKELEY DAILY PLANET


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

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

Special Citation Award

CHAUNCEY BAILEY PROJECT


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

Public Official

MARK LENO


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

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

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

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

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

Library

UC BERKELEY’S BANCROFT LIBRARY LOYALTY OATH PROJECT


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

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

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

Legal Counsel

RACHEL MATTEO-BOEHM


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

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

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

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

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

Whistleblower

DAN COOKE


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

Citizen

SUPERBOLD (BERKELEYANS ORGANIZED FOR LIBRARY DEFENSE)


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

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

Electronic Access

CARL MALAMUD, PUBLIC.RESOURCE.ORG


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

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

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

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

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

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

>

Live ‘n’ kicking at the Raveonettes

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The Raveonettes
Independent, March 5

By Chris DeMento

Minimalism is a science too often associated with badly played and poorly written rock ‘n’ roll. That inane, barely listenable mush can become noise art in the burning hearts of burrito-munching garage enthusiasts. You know, of course, that burrito means “Hey, you in the little donkey costume.”

Thankfully, the Raveonettes‘ brand of minimalism is by no means a consumptive joke, but the enchilada proper, drowning in truth: three great good chords; a sweetly sexed, girl-on-boy approach to harmonizing whose average results in unfailingly lusty melodies; a trusty, persistently quaternary time signature; and, to my surprise, nary a kickdrum. Sune Wagner, Sharin Foo, and a would-be Taiko drummer – standing in a sleeveless T behind a tom and a snare – created a steady stream of sleepy homage to the early days of rock on Wednesday night. Lingering perhaps a bit too long on their old stuff, they eventually got around to new cuts like “You Want the Candy” and even a Stereolab cover, “French Disko,” to boot. New, old, or other, the music they play comes deadeningly [sic], unmistakably alive in its solemnity.

Their 4’s, 8’s, and 16’s are layered to taste and well loved by the San Franciscans who packed the house, one of whom couldn’t restrain his zealous “Welcome to San Francisco!” between the first and second numbers of what was to be a compact, though nonetheless decorous set. A quiet “thank you” was returned by the 6-foot, superduper-Cholula-hot Foo, who proceeded to slay the same three chords over and over to the indolently unanimous enjoyment of the audience. They even played a song in 6 (or was it 3?) towards the end of the set: good news for fans who’d like to see them expand their horizons just a bit.

Guardian wins $15.6 million

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Shit! Mike Lacey flees the courtroom after losing a huge verdict
Photo by Charles Russo

Click here for full lawsuit coverage.

A San Francisco jury this afternoon found the San Francisco Weekly and its corporate parent guilty of illegal predatory pricing and awarded us $6.39 million.

Under state law, part of that verdict is subject to treble damages, bringing the total award to $15.6 million.

The battle isn’t over; Rod Kerr, attorney for the Weekly, told me immediately afterward that the 16-paper chain intends to appeal.

But the verdict sends a clear signal to small businesses, independent newspapers and the alternative press that a locally owned publication has the right to a level playing field and that a chain can’t intentionally cut prices and sell below cost to injure a smaller competitor.

Keeping it raw

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› kimberly@sfbg.com

SONIC REDUCER Who took the sex outta my rock ‘n’ roll? You gotta wonder, watching the Virgins — looking all of 12, collectively, and working the style and charisma of boys whose mothers still dress them — who played a Noise Pop show March 1 at Mezzanine. Sure, the New York City combo can write a good song — far better than those by the old-enough-to-know-better Gutter Twins, who were messing with almost two-decades-old, decayed grunge tropes across town at Bimbo’s 365 Club that same night. But they weren’t kidding when it came to picking a name: far be it from the Virgins to be mentally undressed. They looked like they were safely tucked into fresh, clean underwear — no holes bitten through by groupies — much like those other hotties in prep clothing, Vampire Weekend.

Where to find lusty, lascivious pop? Even Mariah Carey is giving brain cells top billing with her upcoming album, E=MC2 (Island). When it comes to the once-squeaky-clean Jacksons, "Don’t go there" Michael tops "Yeah, that’s sexy, sexy, sexy" Janet with his 25-year-old classic Thriller (Sony) — despite the former’s hopes in picking up where Control (A&M, 1986) left off by focusing on the dance floor with her likable, pillow-talking Discipline (Island). Sex? There are no bejeweled nipples in sight — and as for Jacko, the gloves are off and Neverland Ranch has been foreclosed. And the Vampires and Virgins definitely aren’t providing any.

Perhaps it’s time to turn to more wholesome pleasures like, say, jogging. Yoni Wolf of Why? — a self-proclaimed member of the Bronson Pinchot Fan Club, Anticon stalwart, and stealth heart-rate-raiser — will turn you around. "I can tell you right now, if you don’t know the power of endorphins, it’s a beautiful, wonderful thing," raves Wolf, 28, on the line from his Oakland abode. "I’ve never been a jock because I’m not coordinated. But to jog, you just have to move your legs around. You don’t need to catch a ball or hold a ball and get knocked down. I don’t even remember why I started doing this — probably ’cause I got a little gut and I gotta knock this off. Yeah, eat a midnight snack … "

Yep, it’s funny how passion plays out. Why?’s new disc, Alopecia (Anticon), returns to the lost love pined over on Why?’s last album, the breaking-through-after-breaking-up Elephant Eyelash (Anticon, 2005), and settles happily into its own sense of resignation — or as Wolf puts it, "hopeful frustration" — about that girlfriend and about life. Honestly, Wolf bedazzles with bared-belly, gutsy rhymes about jerking off in museums, "blowing kisses to disinterested bitches," a childhood fear of that ShowBiz Pizza bear, "eating pussy for new fans," "sucking dick for drink tickets at my cousin’s bar mitzvah," and "using Purell till my hands bleed and swell" — and that’s just in one track ("Good Friday").

Working with Why? cohorts — brother Josiah and Doug McDiarmid — as well as Fog’s Andrew Broder, Mark Erickson, Thee More Shallows’ D. Kessler, and ex-Beulah-ite Eli Crews, Wolf has stripped off the stray mustaches he’s been hiding behind to fully expose his pungent, punchy, stream-of-consciousness rhymes. Highly specific, yes; weirdly sexy, uh-huh — right down to the CD title, named for the mysterious disorder in which hair follicles halt production.

"You don’t suffer from alopecia?" I venture.

"What are you trying to say, I’m hairy?" jokes Wolf. "I’m a monkey? I actually suffered from it for a minute — on my penis."

Nah, nah, nah, the vocalist actually had a coin-size patch of affected skin for two years: "I have a theory why mine started happening — the hand of god came down and touched me on this one spot — no, I stepped on a bottle in a river and I got some sort of infection." It lingered throughout the period that Why? wrote, recorded, and mixed the new full-length, like an uninvited sweetheart. "It was looming and ominous and weird. At first I thought it was a fucking STD," Wolf says.

Slug of Atmosphere ended up setting him straight at a show in Baton Rouge, La., Wolf continues, and in the end, the bald patch "symbolized that period of my life for me, the creation of this record. For me, it was this little patch of honest skin: honest flesh with no covering or pretenses of an attempt to cover itself up, a little patch of baby skin that was really soft. That’s what I was thinking, a return to the raw." Oh, and it’s a tad sexy: "It’s a pretty word," Wolf adds. "It sounds like a flower." *

WHY?

With Dose One, Cryptacize, and DJ Odd Nosdam and DJ Jel

Thurs/6, 9 p.m., $13

Great American Music Hall

859 O’Farrell, SF

www.gamh.com

DOING DAMAGE

MINMAE


The Portland indie-psych outfit love them some land of the dead — and some Robotech. Thurs/6, 9 p.m., $6. Hotel Utah, 500 Fourth St., SF. www.thehotelutahsaloon.com

WILDILDLIFE


SF’s Crucial Blast ambassadors resurrect classic rock, post-punk, and sludge for giggles. With Old Time Relijun and Tea Elles. Thurs/6, 9:30 p.m., $8. Hemlock Tavern, 1131 Polk, SF. www.hemlocktavern.com

HEAVENLY STATES


Libya rocks — thanks to the Bay’s Heavenly States, who invest a whole lotta soul into their forthcoming Delayer (Rebel Group). With Citay. Fri/7, 9 p.m., $12. Independent, 628 Divisadero, SF. www.theindependentsf.com

XNOBBQX AND TOMES


The atonal Aussie Siltbreezers eschew bone meat, instead cutting to the ‘core with militant vegan deconstructo-noise. Opening as Tomes, Loren Chasse and Glenn Donaldson delve into the dark, dank folk flip of Thuja. With Curse of the Birthmark. Sat/8, 9:30 p.m., $7. Hemlock Tavern, 1131 Polk, SF.

SFIAAFF: Manila: the drama

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› johnny@sfbg.com

Over roughly the past year, Brillante Mendoza has brought a pair of films to festivals that pack a particular one-two punch when they are programmed to play at the same event. Foster Child first bears witness to the final day that caretaker Thelma Maglangqui (superb veteran actress Cherry Pie Picache) mothers three-or-four-year-old mestizo John-John (Kier Segundo), and as sunlight gives way to night, it follows her from a Manila slum into the ostentatious hotel where she passes him over to wealthy white foster parents from San Francisco. Slingshot also uses a real-time conceit, but in an entirely different manner — locked within the mazelike alleys and shanties of Manila’s Mandaluyong City, it foregoes long takes and methodical passages to careen as if the camera were a baton passed from one preoccupied, panicky person to another. Or perhaps more aptly, as if the point of view was a valuable that one character fleeces from another’s pocket.

As a melodrama, Foster Child fits into the dominant genre of Filipino feature films that screen at international festivals — a genre that certain North American critics might enjoy more than writers such as Richard Bolisay and Alexis Tioseco, whose critical conversations are as vital to thriving "CineManila" activity as any current filmmaker. In a piece on one of Tioseco’s excellent Web sites, Criticine, Noel Vera recalls a Rotterdam screening where fellow film scholar and Chicago-based critic Jonathan Rosenbaum compared Mike De Leon’s Kisapmata (1981) to Rainer Werner Fassbinder’s Martha (1974). Perhaps in that spirit, Rosenbaum’s contemporary, the critic and influential programmer Tony Rayns, has likened Foster Child to Fassbinder as well.

I’d add another comparison that, however Eurocentric, is meant as a great compliment: Foster Child shares a number of similarities with Douglas Sirk’s mother of all melodramas, Imitation of Life (1959), such as a harshly ironic perspective on maternal bonds in a racist, capitalist world. When Mendoza’s film reaches its final wrenching moments — and Thelma seems stripped, at least temporarily, of life (even the future repetition of her foster maternal duties is harrowing) — a lesser director would have simply milked the pathos. Instead, Mendoza allows no mercy to invade his sympathy, presenting a sequence that calls to mind a scenario depicting Lana Turner’s selfish protests by the bedside of her dying maid Annie (Juanita Moore) in 1959’s Imitation of Life, a sight that is extra bitter because Annie’s lost daughter Sarah Jane (Susan Kohner) can be seen smiling in a nearby framed picture within the shot. Foster Child‘s climactic heartbreak is set against a backdrop of vulgar department store displays that privilege white glamour and which celebrate a false vision of familiar perfection. "The house that love built," proclaims one callow ad, depicting a mother and child. The cruel gods of capitalist marketing provide perfectly horrible set design.

Those last glances, leading to a weary climb up a concrete public transit stairwell, also ricochet off Foster Child‘s sustained (and indeed Fassbinder-like) first shot: a silent, postcard-perfect view of Manila’s high-rise cityscape that gives way to a noisier look at the ramshackle slums at the feet of those skyscrapers. A more subtle echo occurs between two scenes that take place nearer to the narrative’s center: an idyllic, sunlit view of Thelma bathing John-John outside her home, and a later moment when she has to wash him in a hotel’s many-mirrored, intimidating bathroom.

Engaged Web sites such as Bolisay’s Lilok Pelikula (Sculpting Cinema) have greeted this neorealist symbolism, and Foster Child‘s standing ovation at the 2007 Cannes Film Festival, with some wariness. Indeed, it is frustrating if international audiences take Mendoza’s movies for the whole of Filipino independent film today, when thanks to the punk-fueled Khavn de la Cruz, the monumental Lav Diaz, the prodigiously visionary Raya Martin, and the autobiographical John Torres, CineManila is frankly more inspired than almost all of the indie film — and much of the experimental work — currently coming from the United States. Mendoza’s talent equals or bests anyone who has passed through the Sundance factory in the past decade, but he and his more formally radical contemporaries have to vie for the same too-few spaces allocated to feature films from the Philippines at most festivals.

By working within relatively linear narrative structures and feature-length frameworks, Mendoza veers toward the mainstream currents of vital Filipino independent cinema. But he’s demonstrating great versatility. Slingshot‘s burnt-brown palette, verging on black-and-white in nighttime scenes, contrasts greatly with the more colorful, sun-dappled view of slum life in Foster Child, which is so pleasant that soap bubbles blown by children float through one shot. But it would be a mistake to see Foster Child‘s view of cramped city blocks as purely idealized, simply because a fresh array of mothers with newborn babies can be found on every corner — a scene in which foster system overseer Bianca (comedienne Eugene Domingo) greets these women and knowingly checks in on their offspring has a sinister underpinning.

Its title translated from a term (tirador) denoting a street hustler, Slingshot is harder and faster — money or valuables are frequently handed from one character to another on the sly as people move in an out of a shot that is itself moving forward. A viewer had best be on the top of his or her game while watching, because everyone in the film is on the make. But the gay Mendoza brings a subversive eye to the masculine genre of action: he knows that harder and faster might seem tougher, but it doesn’t necessarily mean one is savvier. Interestingly, while Slingshot‘s critical reception in CineManila realms seems warmer than that given to Foster Child, the film has had its share of semiblind assessments in English-language publications. More than one critic has complained that the film wears a viewer out with its frantic pace before it abruptly ends. The reviews fail to note that Mendoza frames his many-stranded story line and slum-stranded characters amid a broader view of societal and political corruption. He kicks the story off with cops raiding blocks of Mandaluyong City to round up and arrest people who are then bailed out by politicians in exchange for votes. He fades out with a glimpse of a pickpocket at work during a quasireligious campaign rally dominated by empty, clichéd speeches.

Between those crowd scenes, Slingshot joins a wide variety of characters for intimate treks through semi-anonymous acts, only to abandon them — just as fate might and a politician’s promises are certain to. Tess (Angela Ruiz) steals video equipment to pay for a pair of dentures. Her illicit lover Rex (Kristofer King) neglects fatherhood in favor of druggy reverie. In an example of tail-biting irony, the impulsive Caloy (Coco Martin, whose open-faced melancholy carries over from Mendoza’s debut feature The Masseur [2005]) needs to scrape together cash to keep the pedicab that he’s using to earn money. Meanwhile, Leo (Nathan Ruiz, the gamine title character of Aureaus Solito’s 2005 The Blossoming of Maximo Oliveros, now adolescent and pimply) begins what will eventually become one of the worst days of his life by accidentally getting his dick caught in his pants zipper. The two-dimensional faces of political candidates — including actor Richard Gomez, then running in real life for a Senate position — look on from the campaign billboards and posters that dominate public spaces.

In the eyes of the official system, Lopez’s Leo is the thief character of Slingshot‘s Tagalog title, but in the real world he’s just one of many everyday bandits, who are doing whatever they can to survive while a faceless upper class profits from their votes. There’s a potent undercurrent to Lopez’s performance perhaps being the titular one, though, since it’s much harsher than the similar turn he delivered as Maximo in Solito’s comparatively romantic film festival favorite. The differences in pace and look between Foster Child and Slingshot demonstrate that Mendoza is capable of sculpting widely contrasting true visions of Manila’s streets, which in turn shows that the exact same setting can take on widely varying characteristics based on one’s perspective at any given moment.

Part of Mendoza’s versatility might be grounded in his background as a production designer under the name Dante Mendoza. It also might reflect a developing, nuanced queer sensibility, one that has forsaken forebear Mel Chiongo’s eye for international markets to also produce a feature, 2007’s Pantasya, that possibly plays off of Slingshot‘s view of corrupt police forces and probably adds a critical dimension to the age-old "I love a man in an uniform" motif of gay porn. After half a dozen features as a director, Mendoza has ranged from melodrama to action, from a pentet of gay sex fantasies to a story about education amid the Aeta tribe (2006’s Manoro). His next step will probably be hard to predict, and it’ll definitely be worth watching.

FOSTER CHILD

March 14, 6:45 p.m., Kabuki

March 16, noon, Kabuki

SLINGSHOT

March 15, 7 p.m., Pacific Film Archive

March 18, 7 p.m., Kabuki

>> Complete Asian American Film Fest coverage

Questioning Matt

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Matt Gonzalez consulted few of his colleagues in San Francisco’s progressive political community before announcing Feb. 28 at the National Press Club in Washington, DC, that he’ll be Ralph Nader’s running mate on another quixotic run for president.

That’s fairly typical for Gonzalez, who has tended to keep mostly his own counsel for all of his big political decisions: switching from Democrat to Green in 2000; successfully running for president of the San Francisco Board of Supervisors in 2002; jumping into the mayor’s race at the last minute the next year; abruptly deciding not to run for reelection to his supervisorial seat in 2004; and — last year — deciding against another run for mayor while being coy about his intentions until the very end.

But if he had polled those closest to him politically, Gonzalez would have learned what a difficult and divisive task he’s undertaken (something he probably knew already given what a polarizing figure Nader has become). Not one significant political official or media outlet in San Francisco has voiced support for his candidacy, and some have criticized its potential to pull support away from the Democratic Party nominee and give Republican John McCain a shot at the White House.

In fact, most of his ideological allies are enthusiastically backing the candidacy of Barack Obama, who Gonzalez targeted with an acerbic editorial titled “The Obama Craze: Count Me Out” on the local BeyondChron Web site on the eve of his announcement (while not telling BeyondChron staffers of his impending announcement, to their mild irritation).

It’s telling that all of the top Green Party leaders in San Francisco — including Sup. Ross Mirkarimi, school board president and supervisorial candidate Mark Sanchez, and Jane Kim, who got the most votes in the last school board election after Gonzalez encouraged her to run — have endorsed Barack Obama.

Mirkarimi, who ran Nader’s Northern California presidential effort in 2000 and ran Gonzalez’s 2003 mayoral campaign, has had nothing but polite words for Gonzalez in public, but he reaffirmed in a conversation with the Guardian that his support for Obama didn’t waver with news of the Nader-Gonzalez ticket.

Mirkarimi has a significant African American constituency in the Western Addition and has worked hard to build ties to those voters. He’s also got a good head for political reality — and it’s hard to blame him if he thinks that the Nader-Gonzalez effort is going nowhere and will simply cause further tensions between Greens and progressive Democrats.

Sup. Chris Daly is strongly supporting Obama and said the decision of his former colleague to run didn’t even present him with a dilemma: “It’s unfortunately not a hard one — or fortunately, depending on how you look at it.”

Daly doesn’t think the Nader-Gonzalez will have much impact on the presidential race or the issues it’s pushing. “The movement for Obama is so significant that it eclipses everything else,” Daly told us. “This is a once-in-a-lifetime opportunity to change how politics happens in this country.”

While few San Francisco progressives argue that Obama’s policy positions are perfect, Daly doesn’t agree with Gonzalez’s critique of Obama’s bad votes and statements. “I don’t understand the argument that you should only back a candidate that you agree with all the time,” Daly said. “If that was the case, I would only ever vote for myself.”

On the national level, Gonzalez told us that he was running to challenge the two-party hold on power and to help focus Nader’s campaign on issues like ballot access for independent candidates. “If I’m his running mate, then we’ll be talking about electoral reform,” he said.

On a local level, the Gonzalez move will have a complicated impact. It will, in some ways, damage his ability to play a significant role in San Francisco politics in the future. That’s in part because Gonzalez has taken himself out of the position of a leader in the local progressive movement.

San Francisco progressives don’t like lone actors: the thousands of activists in many different camps don’t always agree, but they like their representatives to be, well, representative. That means when housing activists — one of Daly’s key constituencies — need someone to carry a major piece of legislation for them, they expect Daly to be there.

Sup. Tom Ammiano hasn’t come up with his landmark bills on health care, public power, and other issues all by himself; he’s been part of a coalition that has worked at the grassroots level to support the work he’s doing in City Hall.

Daly sought to find a mayoral candidate last year through a progressive convention. That seemed a bit unorthodox to the big-time political consultants who like to see their candidates self-selected and anointed by powerful donors, but it was very much a San Francisco thing. This is a city of neighborhoods, coalitions, and interest groups that try to hold their elected officials accountable.

Obama’s politics are far from perfect, and Nader and Gonzalez have very legitimate criticisms of the Democratic candidates and important proposals for electoral reform. But right now the grassroots action in San Francisco and elsewhere in the country — the movement-building excitement — is with Barack Obama. The activists who made the Gonzalez mayoral effort possible are now working on the Obama campaign.

In fact, Daly has repeatedly voiced hope that an Obama victory could help empower the progressive movement in San Francisco and give it more leverage against moderates like Mayor Gavin Newsom who support Hillary Clinton (see “Who Wants Change?” 1/30/08).

Daly said the Gonzalez decision complicates that narrative a little. “I don’t think it’s undercut,” Daly said, “but I think it’s confused a bit.”

Wrapping it up

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› tredmond@sfbg.com

The Guardian went to press this week without a jury verdict in our lawsuit against the SF Weekly.

As of the morning of March 4, the jury had been deliberating more than two days and was still behind closed doors in Superior Court. Any updates will be posted to www.sfbg.com.

The jurors have to answer a series of questions to reach a decision in the case, which alleges a violation of the state’s Unfair Practices Act. First they have to decide if the Weekly sold ads below cost. Then they have to determine whether that was done to injure a competitor (us) and whether the below-cost sales were a substantial factor in actually causing the Guardian harm. Only at that point would the jurors begin discussing damages.

The fact that the panel is still talking after more than 10 hours means it’s likely they answered yes to the first question and possibly the second or third — if those answers had been no, the case would have been over.

But trial lawyers all agree that it’s always a mistake to try to predict the outcome of jury deliberations. The trial has been going on for more than four weeks, with detailed and sharply conflicting testimony on the behavior, intent, and financial status of the city’s two alternative weekly newspapers.

The Guardian argued that the Weekly, owned by the Phoenix-based chain Village Voice Media (VVM; formerly known as New Times), has since at least 2001 engaged in a practice of selling ads for far less than the cost of producing them in an attempt to damage the local, independent competitor. Testimony showed consistently that the chain-owned paper was indeed selling below cost. In fact, the Weekly has lost money for the past 12 years, and the chain has shipped $13 million to San Francisco to prop up the paper and allow it to continue below-cost selling, testimony showed.

Three witnesses testified that they had heard Mike Lacey, one of the two principals of VVM, announce when the chain bought the Weekly in 1995 that he intended to put the Guardian out of business.

But the Weekly‘s lawyers argued that Lacey was just engaging in hyperbole, and that there was never a predatory intent. In fact, they argued, any financial0 losses the Guardian had seen were the result of a weak economy and competition from the Internet.

The Guardian‘s expert accounting witness, Clifford Kupperberg, conducted a study showing that the local paper had lost money to the Weekly‘s price-cutting. In 90 percent of the sample accounts he studied, the Weekly had sold ads below cost — and two-thirds of those were associated with the Guardian either losing a customer or having to cut its rates.

The Weekly brought out $1,075-per-hour Harvard economist Joseph Kalt to argue that it would be economically irrational for the Weekly to try to put the Guardian out of business. But the Guardian‘s business expert, Bill Johnson, publisher of the Palo Alto Weekly, said that VVM was behaving just the way many big chains do: it was cutting rates to seize as much market share as possible with the aim of undermining a competitor.

Kupperberg put the damages at between $5 million and $11 million. The Weekly‘s expert, Everett Harry, tried to belittle those claims, but in the process he gave the jury some misleading charts that completely misinterpreted Kupperberg’s work.

Even if the jury awards only modest damages, the Guardian can ask Judge Marla Miller to issue an injunction barring the Weekly from continuing to sell ads below cost.

Harry goes to war; Bush twins don’t

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The (hot) prince at war: Where’s Jenna?

Yeah, the hype over Prince Harry getting assigned to combat duty in Afghanistan is way over the top. (As the U.K. Independent noted, even gaysocialites.com, not known for its war reporting, jumped in, calling Harry “like the hottest thing ever.”)

But the whole thing reminded me that the British have a different standard when it comes to the children of the powerful serving in times of war. The sons of British royalty have always gone to war; it’s almost expected. If the country’s fighting, the royals don’t sit it out.

The children of American leaders are doing just that, of course. You don’t hear anything about the Bush twins signing up to fight their father’s war. (Of course, Bush didn’t fight in Vietnam, either, nor did Dick Cheney.)

Ralph Nader, who shouldn’t be running for president, has a great line on this. He suggests that Congress ought to enact a law that

Whenever Congress and the White House take our country to war, all able-bodied military-age children of every member of Congress, the President and the Vice-President will be conscripted automatically into the armed forces.

.

Makes a lot of sense.

Gonzalez joins Nader’s pursuit of infamy

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Our Nov. 19, 2003 cover story
It’s bad enough that Ralph Nader is running for president yet again, but whatever. He’s already ruined his once stellar reputation and nobody was going to take another sequel that seriously. Yet I’m truly saddened by today’s news that Matt Gonzalez has agreed to be Nader’s running mate and angry about Matt’s deceptive, preemptive effort (in a guest editorial in yesterday’s Beyond Chron) to knock Barack Obama down a few notches.

That seems to signal this independent, ego-driven campaign’s desire to once again paint the Democrats and Republicans with the same broad brush, denying the obvious difference between Obama and John McCain, as well as the need to be strategic in running for this high-profile office during such a divisive era. In doing so, they undermine the legitimate and desperately needed feeling of hope that Obama is inspiring, sowing cynicism and giving McCain a chance to win the White House.

Nader has always bristled at the “spoiler” label, saying he has a right to run and force a debate on his issues. That’s true. But when Gonzalez characterizes Obama’s campaign as, “one of accommodation and concession to the very political powers that we need to reign in and oppose if we are to make truly lasting advances,” it’s clear that they really aren’t aiming much higher than spoiler.

And if they help spoil an ascendant Obama campaign, they will do irreparable harm to the peace movement, the chance for fundamental change, efforts to bring together progressives and communities of color, people’s sense of hope, and to their own reputations.

Don’t phunk with my hope

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› kimberly@sfbg.com

SONIC REDUCER You probably can’t tell, but I’m totally high. I gotta be because I can’t stop watching this Kennedy family endorsement and that Texas debate clip, this crushed-out cult of personality vid and that hip-hop remix ode. I’ve admitted I’m powerless over my addiction — that my life has become unmanageable. And I’ve come to believe that a power greater than myself can restore me to sanity. That power is will.i.am — I mean, Barack Obama. Look, I know I got a problem: I can’t stop watching Black-Eyed Pea will.i.am’s celeb-studded "Yes We Can" video in praise of the Illinois senator. Frankly, I lo.a.the the Peas — "Let’s Get Retarded," yo, I didn’t think up that title — and I can’t stop wanting to repunctuate will.i.am’s gooberish stage handle, and even "Yes We Can" is a bit embarrassing.

But the tune is queued up there along with the Oprah clips, the 60 Minutes sound bites, and the "john.he.is" parody. You know Obama’s got something going on when his speechifying inspires such spontaneous music-making — and oh yeah, I’m tripping on the fact that we went to the same Honolulu prep school, and I’m drunk on the possibility of electing the first African American president, and I’m getting dizzy looking back through the media’s looking-glass lens at him, myself, and a shared past through yearbook photos of a now strikingly diverse-looking Punahou school. Sure, he complained about the school in his memoir, much like me and my friends have — at the time it seemed like a lily-white beacon of privilege on a brown island. I feel like I’m tumbling down a historically revisionist rabbit hole, seeing it as both exotic — and for presidential candidates of a certain age, class, and region, it is — and familiar. Now it looks like the culturally diverse rainbow gathering of kids that civil rights activists were fighting for. Maybe I’ll have to write a song about it.

Get on the Bus, Part Two Hope is in the air, and I’m feeling it, listening to Evil Wikkid Warrior’s John Benson talk about his recent troubles with the Bus, the 40-foot AC Transit behemoth he converted into a vegetable oil–swilling clean machine and mobile-as-a-dinosaur, all-ages, all-fun free underground music venue. Noise and party starters from here and away like Warhammer, Fucking Ocean, and Rubber O Cement have been playing down-low shows in the vehicle while it was parked on quiet, oft-industrial San Francisco and East Bay streets, but that all seemed to screech to a dead halt when, on Dec. 22, 2007, after a West Oakland show put on by a Benson cohort, the Bus was vandalized.

Bored neighborhood youth, Benson theorized, smashed all its glass windows, busted its solar panels, and threw bricks on top of it. "It was probably just a bunch of bored kids in the middle of the night. They saw this big thing, and it was like, ‘Duh, throw rock at big thing,’<0x2009>" offered Benson, who at the time was on a trip to Detroit. When he returned a few days later, the former A Minor Forest and Hale Zukas member faced compounding problems: the winter rain had flooded the exposed interior, damaging the electricity, warping the wooden floorboards, and causing the oriental rugs to molder.

Benson had planned to take the bus to Mexico to shoot a film, but that was out of the question. "The police told me that I wasn’t allowed to keep any vehicle on the street with a broken windshield and windows and they’d have to tow it," he recalled. "But then I also wasn’t allowed to drive a vehicle with a broken windshield. It was a catch-22, and with no place to keep it, the cops visited me on a daily basis." He also couldn’t find glass that would fit in the windshield, since most of the AC Transit fleet from back in the Bus’s day had been sold to Mexico, according to Benson, and it appeared that the only glass available would have to come from there — at more than $1,000 a piece.

Fortunately Benson’s friends and the noise community-of-sorts came together to support him. Guardian contributor George Chen threw a benefit that raised about $300, and word got out on the message board Spockmorgue that Benson needed money to repair the bus and a PayPal account was started on his behalf. Benson told me, "I did spend a lot of money on new solar panels and new skylights," but what kept him going were the many people "e-mailing me privately, saying ‘Keep it up, John. Don’t give up. Don’t give up.’ I just got a huge amount of support from people I don’t even know." One Boston member of the message board donated $100 simply because he said he had heard about the Bus through his friends who had performed on it and wanted to help.

An artist friend welded new metal frames to fit the vintage 1962 windshield glass that Benson discovered were the closest fit for the Bus, and after a few months of work the Bus was finally completed at the beginning of February. "It was miserable," he remembered. "We were literally working in rain under tarps, broken glass everywhere, bleeding fingers, miserable. There was a 24-hour paint job with a lot of volunteers. Someone said it was like Fitzcarraldo — there were so many times we were burned and bloody and freezing cold in rain, trying to the get floor replaced and carpet. Definitely insane."

Fortunately, work was completed in time for Benson to drive the mammoth vehicle down to Miami for the International Noise Festival, picking up pals and playing shows along the way. Later this spring he’ll head back to Florida to do more work on the Bus — it’s resting in Orlando in a friend’s backyard — and then drive it north for an East Coast tour. "In terms of love the bus is doing better than ever," Bensons said happily, while eating chicken with his 12-year-old daughter, who’s also his Evil Wikkid Warrior bandmate. "Mechanically it’s just a little wrinkled." *

NEW WRINKLES

TAKEN BY TREES


Pretty! The Concretes’ Victoria Bergsman (who contributes vox on Peter Bjorn and John’s "Young Folks") takes to dreamy chamber indie, written around her love of arboreal life, with Open Field (Rough Trade, 2007). With White Hinterland. Sat/1, 9 p.m., $13–<\d>$15. Great American Music Hall, 859 O’Farrell, SF. www.gamh.com

RICKY LEE ROBINSON


The Oakland rock ‘n’ roller cuddles up to classic ’60s and ’70s pop values at his CD-release show while playing drums and guitar simultaneously, somewhat like "that sad guy in the straw hat at Six Flags whose eye contact you and your punk friends made sure to avoid," according to Robinson. With the Dilettantes and the Pandas. Sun/2, 9 p.m., $10. Cafe du Nord, 2170 Market, SF. www.cafedunord.com

MAMMAL AND MANSLAUGHTER


Detroit’s Animal Disguise artisto embraces a darker breed of death-beat mesmerism, alongside Manslaughter, a "stupor group" including Sixes and Noel von Harmonson. With Chinese Stars and Pod Blotz. Sun/2, 8 p.m., $8. Hemlock Tavern, 1131 Polk, SF. www.hemlocktavern.com

LANGHORNE SLIM


The Philly native gives a few hard hugs to a freewheeling brand of full-band electric folk on his soon-to-be-acclaimed Langhorne Slim (Kemado). With Nicole Atkins and the Sea, and the Parlor Mob. Mon/3, 8 p.m., $12–<\d>$14. Independent, 628 Divisadero, SF. www.theindependentsf.com

War on science

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› annalee@techsploitation.com

TECHSPLOITATION Over the past eight years, the lives of millions of people in the United States and beyond have been endangered by the US government. No, I’m not talking about the war in Iraq. I’m talking about the quiet, systematic war the government has been waging against science.

You may have heard about gross examples of the government censoring scientific documents. For example, it was widely reported last year that a government regulatory group excised at least half the statements Centers for Disease Control director Julie Gerberding was set to make at a congressional hearing about how climate change will affect public health. You may also have heard about the scandal in 2004 when a whistleblower at the Environmental Protection Agency revealed that five of the seven members on a panel of "independent experts" stood to gain financially from shutting down a scientific investigation of a controversial mining technique called "hydraulic fracturing." The panel claimed that in its expert opinion, the technique didn’t require regulation, despite many scientists’ concerns that it might pollute groundwater.

But these are the stories that hit the headlines. There are hundreds more where they came from, and many of them are documented meticulously in a study released earlier this month by the Union of Concerned Scientists (UCS) called "Federal Science and the Public Good." (Download it for free online at http://www.ucsusa.org/scientific_integrity/restoring/federal-science.html.)

The UCS report documents, in chilling detail, how agencies have fired scientists who disagreed with government policies. For example, in 2003, experts in nuclear physics were dismissed from a panel within the National Nuclear Security Administration because some of them had published about how the George W. Bush administration’s beloved "bunker buster" weapons weren’t very effective. And scientists who spoke out against the administration’s stem cell policy were booted from the President’s Council on Bioethics.

Worse, the government has falsified scientific studies to bolster its policies and undergird its ideological positions. Perhaps the most egregious example of this was when the EPA lied outright to Americans that the air around ground zero directly after Sept. 11 was safe to breathe. In fact, according to the UCS report, the EPA made this statement without even testing the air. As a result, the authors of the report write, "thousands of rescue workers now plagued by crippling lung ailments continue to feel the impact of this public deception." There’s also an example of the Food and Drug Administration inventing a fake study to support its decision to approve the drug Ketek, along with many others.

Most intriguing, though, is the UCS report’s suggestion that many federal regulatory agencies may in fact be breaking the law by cutting real science out of government policy decisions. Both the Clean Air Act and the Endangered Species Act require the EPA and the US Fish and Wildlife Service to base their decisions on "the best scientific data available." And yet the UCS has documented countless examples of both agencies, as well as others, refusing to take into account the latest research on climate change, animal populations, and systems biology.

It would be intriguing to see a lawsuit based on the fact that these agencies aren’t using "the best scientific data available," but the UCS doesn’t suggest that as a remedy. Instead, the report concludes by looking to the future of federally funded science, suggesting ways the next presidential administration might remedy the failures of the last.

First on the agenda would be to bring a scientific adviser back into the cabinet. (Bush dismissed this adviser from the cabinet.) The UCS also suggests that the next president repeal Executive Order 13422, which gave an obscure regulatory body known as the Office of Management and Budget a lot of control over how regulatory agencies handle science. Currently the OMB has the power to revise the findings of scientists within those agencies, despite the fact that the OMB has little to no scientific expertise. And finally, the UCS asks that the government extend protections to whistleblowers within the government who come forward to report on the very kinds of abuses the UCS has reported (often with the help of whistleblowers who lost their jobs or worse).

Hopefully the next presidential administration will relegate this report to the status of historical document instead of a warning about our future. Science is crucial to the management of the nation, and without it we’re no better than a medieval kingdom.

Annalee Newitz (annalee@techsploitation.com) is a surly media nerd who is fifteen feet tall, and she has a federal agency science report that proves it.

Where to now, SFPUC?

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› sarah@sfbg.com

Months after Mayor Gavin Newsom announced his intention to get rid of San Francisco Public Utilities Commission general manager Susan Leal, his appointees on the SFPUC board finally made if official on Feb. 20.

But the reasons for the previously unexplained move that have finally started coming from Newsom and his surrogates have only added to the confusion and concern over why Leal got canned and whether Newsom has compromised this important agency’s work for political reasons.

Leal was terminated without cause and is thus entitled to the $400,000 severance package from the contract Newsom used to convince her to move from city treasurer to SFPUC chief in 2004. Nonetheless, in the days leading up to the Feb. 20 hearing, the Mayor’s Office made a series of unsubstantiated allegations, including the claim that Leal botched negotiations with JPower over combustion turbines in Potrero Hill, that she was too much of a political animal and not enough of a team player, and that she didn’t focus enough on Newsom’s environmental initiatives like tidal power.

At first, Leal tried to handle her termination gracefully: for example, she told the Guardian that tidal power "is really expensive, doesn’t generate much power, and is a difficult process to get approved, environmentally speaking."

But then Newsom told reporters that city officials had discussed terminating Leal for cause, so that the SFPUC could avoid paying her severance, but eventually decided against it to avoid potentially expensive litigation costs. At that point, with the implication that she had done something wrong, Leal’s gloves came off.

"I really wanted to go out on the high road," Leal told us after Newsom’s latest allegations hit. "It’s unfortunate that the Mayor had to resort to 11th hour innuendo to try and justify what he did."

Leal notes that city officials never undertook a performance evaluation of Leal or the SFPUC, which would usually form the basis for an expensive effort to remove a high-profile public official. So why did Newsom really dump Leal?

Was it her creation of public power projects that earned her the scorn of Pacific Gas and Electric Co.? Was it her environmental initiatives, ranging from a biofuels program to a ban on bottled water, which seemed to show up Newsom? Was it the fact that she was a strong and independent woman in a male-dominated political landscape?

One clue can be found during the agency’s Nov. 14, 2007, meeting — just before Newsom announced he wanted Leal gone — in which SFPUC president Dick Sklar ripped into Barbara Hale, the assistant general manager for power, after she made a presentation on the agency’s long-term energy goals.

Sklar objected to Hale’s presentation, claiming, "It implied adoption of principles stating that the SFPUC was going to be in the public power business and take over public power generation in the city, making statement of principles totally inconsistent with anything the commission had adopted."

Equally disturbing to staff was the abusive way Sklar delivered his message.

"It was very painful," Leal told us. "It got so bad I had to intervene. I’m not going to allow my staff to be yelled at."

At issue was the agency’s plan to underground gas lines in Bernal Heights and extend its transmission lines, which Leal described as "a gimme. We have the easement all up the peninsula."

Beyond her openly pro–public power stance, Leal speculated that her friendly working relationship with the Board of Supervisors, including board president Aaron Peskin and Sups. Bevan Dufty and Sophie Maxwell, tweaked the mayor, who at times has seemed to have a personal vendetta against his former board colleagues.

"Maybe the mayor thinks that I’m too close with them. But we did more than just talk about climate change. We actually addressed it," said Leal, who convened a world-renowned climate change conference in San Francisco last year — on the same day Newsom was confronted by his then campaign manager Alex Tourk about the affair Newsom had with Tourk’s wife, Newsom’s commission appointments secretary Ruby Rippey-Tourk.

"Why am I fighting back, not going quietly?" said Leal, whose removal is effective March 21. "Because this is too big not to. I actually really like this job and will be going in to work for the next 30 days."

Addressing allegations that she mismanaged the JPower negotiations, Leal explained that PUC staff drew up a term sheet with JPower and presented it to the commission’s governing body. And it was at that point, said Leal, "that Commissioner Sklar popped off," claiming that the contract’s terms were terrible and should be renegotiated.

In the end, all five commissioners approved a description of the contemplated transaction with JPower, including a brief description of Sklar’s preferred alternative, which, as it turned out, had problems of its own.

"So, there never was a deal," Leal told us. "JPower was pushing the city to pay more money up front because it knows PG&E will do everything it can to make the implementation of JPower’s contract tough, and the city was pushing to pay the money later and so reduce its own risks."

Today, the PUC continues to work with JPower on a contract that has taken years to formulate and that, Leal notes, will ultimately allow the city to own the plant.

"So, if we want to shut it down, or run it on alternative fuel, we’ll have control," Leal told us. "My goal was to make the PUC as viable and green as possible."

She believes Sklar didn’t turn against her leadership until she started to push things that infringed on PG&E’s monopoly. "Did PG&E get me fired? If I was PG&E, I’d want me fired," Leal said.

Maxwell is a strong advocate of the Newark-to–San Francisco transmission line Leal sought, not just because it would help reduce environmental burdens in Maxwell’s heavily polluted southeast district but also because it would give the entire City more ability to bring in cleaner power.

"We could do large-scale solar in the Central Valley, as well as wind and geothermal energy. It would allow us to hook renewable power into statewide grid," Leal said, noting that the link would also allow the city to import the electricity it generates at Hetch Hetchy without using PG&E’s expensive lines.

Leal noted that under her leadership, the PUC tripled the city’s municipal solar generation. "But we don’t control residential solar. PG&E does," she said, noting the city is lagging at getting solar panels on homes but leading at doing in on public buildings. "It’s too bad PG&E couldn’t have made it easier for people."

Maxwell says she’ll miss Leal.

"I don’t think we’re going to be better off without her," Maxwell told us. "Susan is independent, a straight shooter, a grown up woman trying to make a difference and listening to all sides. She knew we had to be involved regionally. She also understood we have to have relationships with both sides of the hall."

Convinced that PG&E had something to do with Leal’s demise, Maxwell also believes the stinky sewage digesters, which sit down the road from her own house, need to be removed, not retrofitted, as Sklar recently advocated.

"The digesters need to go," Maxwell told the Guardian. "No other place in the nation, to my knowledge, has digesters within 25 feet of people’s homes."

Noting that Controller Ed Harrington, whom Newsom has nominated as the next general manager of the PUC, has a financial background, Maxwell says the question of what to do with the digesters should not be about money.

"We need to do the best we can for people, in the most economic and financially prudent was possible, but people must come first, "Maxwell told us.

Maxwell said these recent power struggles at the PUC convinced her to join seven other Supervisors in placing a charter amendment on the June ballot that will make it easier for supervisors to block mayoral appointees to the agency and will also require that PUC nominees have appropriate awareness and skills.

With a proposed $4.3 billion program in the works to upgrade the aging Hetch Hetchy system, which provides water to 2.4 million Bay Area residents, will the newly nominated Harrington be able to address water conservation, efficiency and recycling, without causing further harm to the Tuolumne River — all while dealing with battles over public power and wastewater concerns?

Noting that he began his City Hall career as Assistant General Manager for Finance at the PUC, a position he held for seven years before becoming City Controller 17 years ago, Harrington told us, "This is not the perfect way to walk into a position. Susan and I are old friends, she’s been very gracious, and has made it known that I had nothing to do with her removal. And I’m trying to be gracious. There’s no need to criticize her."

Leal, who calls Harrington a friend, said she believes Harrington "will push a little bit, but how much independence he can take and preserve remains the question."

Neither Sklar nor representatives from the Mayor’s Office returned calls from the Guardian. But Sup. Chris Daly, who saved Sklar’s neck by leaving the board one vote short of the supermajority required to reject a PUC mayoral appointee, told us, "I don’t think Sklar is Newsom’s tool. He’s bigger than that. If I thought he was not independent from PG&E, I wouldn’t have voted from him."

In fact, he said perceived lack of PG&E independence was why he joined seven other supervisors in voting against reappointing Ryan Brooks, who Newsom then nominated to the Planning Commission on the same day Leal was fired.

Editor’s Notes

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› tredmond@sfbg.com

There comes a time in any campaign, a political consultant once told me, when you just have to hang up the phone, stop looking at polling data, walk away from the office, and leave it in the hands of the voters. You do everything you can; you work every angle, make the case every possible way you can … and in the end, someone else is going to decide. You can only hope that if you told the truth, played by the rules, and showed why your side was right, in the end you’ll come out on top.

And sometime around the day this issue hits the stands, the Guardian‘s case against the big national chain that owns the SF Weekly will go to the jury. We have the facts on our side. We have the law on our side. We have the truth on our side. And all we can do now is hope the jury sees it.

If you haven’t been following this on the blogs or in the paper: we’re suing the Weekly and Village Voice Media, which used to be known as New Times, for predatory pricing. Our claim is that the Weekly (and until recently, the East Bay Express, which VVM just sold) has been selling ads below cost for the purpose of hurting a local, independent competitor.

Over the past three weeks I’ve been in the courtroom almost every day, watching the story unfold. I’ve learned a lot: the Weekly, for example, has lost money every single year since New Times bought it in 1995. In the past few years the losses have only escalated (to nearly $2 million per year). The paper is still publishing because the corporate parent in Phoenix has shipped more than $16 million to San Francisco to prop it up.

That’s pretty good evidence of the first part of our claim: if the Weekly keeps losing money, the paper is clearly selling ads below cost.

I’ve also seen evidence that the Weekly prepared special Guardian reports every month to send to Phoenix, that the Weekly‘s publishers devoted a special section of their regular financial reports to competition with the Guardian, and that the senior staff regularly talked about the war they were waging on us. Three witnesses testified to hearing Mike Lacey, one of the principals of VVM, announce that he wanted to drive the Guardian out of business.

I’ve seen memos and heard testimony showing the Weekly paid its sales staff bonuses to take ads away from the Guardian. I’ve seen a study showing that in 91 percent of key accounts, the Weekly sold below cost — and in 66 percent of those cases the Guardian either lost the ad or had to deeply discount rates to keep it.

I’ve heard witnesses from the Weekly‘s side testify that the Guardian was just one of many competitors in the market and that they treated it no differently than any other publication. I’ve heard misdirection and lies so blatant that I’ve wanted to stand up and point my fingers at the witnesses and call them out and demand they be indicted for perjury.

And now a jury will have to sort that out. In the end, I think this is a pretty clear case: we are a small, locally owned independent business under assault by a chain competitor that is vioutf8g state law in an effort to take monopoly control of the market. I think we’ve proved that. We’ll know soon.

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