Independent

Sleepless fights

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In May 2002, El Producto issued the acidic collage Fantastic Damage on his label, Definitive Jux. Winning universal acclaim for its compendium of broken-home tales, hard-won insights, and teenage misadventures, the recording crystallized a moment when rap musicians could reject the corporate-approved pay formulas proliferating on MTV without losing a receptive and knowledgeable audience.

Five years later that promise has seemingly passed. Rhymesayers, once famous for selling hundreds of thousands of CDs without major-label support, is now distributed by Warner Bros. LA rap scion Busdriver likes to wear a T-shirt that reads, "Sorry, underground hip-hop happened ten years ago." The controversial Anticon collective, once renowned for its vision of rapping as avant-garde art, has turned its attention to experimental rock.

Meanwhile, critics have long since withdrawn their support. "Independent pop — not just hip-hop — has in many ways become a version of graduate school, a safe zone where artists can eke out a living, take their time doing specialized work," New Yorker critic Sasha Frere-Jones wrote in 2004. "In most cases, this is the last thing a popular musician should be doing." Unlike the participants of past movements — think early ’80s hardcore or mid-’90s indie rock — neither indie rap artists nor the popist critics who hate them can imagine an alternative, noncommercial universe that is profitable as well as artistically successful.

Some things haven’t changed, however. El-P, the man whose Definitive Jux imprint represents the best in underground hip-hop, remains a restlessly intelligent and caustically opinionated maverick. I’ll Sleep When You’re Dead, his just-released follow-up to 2002’s Fantastic Damage, is one of the year’s most remarkable albums, hip-hop or otherwise. I’ll Sleep When You’re Dead is hallucinatory and strange, but it ain’t a coke rap epic. It’s the equivalent of a distorted lens refracting El-P’s mind, bent during wartime, and he stays afloat through torrential word pours and samples collated into Sheetrock. "Why should I be sober when God is so clearly dusted out of his mind / With cherubs puffing a bundle tryna remember why he even tried / Down here it’s 30 percent every year to fund the world’s end / But I’m broke on Atlantic Ave. tryna to cop the bootleg instead," he raps on "Smithereens (Stop Cryin)." Despite the knotty slanguage, however, his lyrics are conceptually grounded, even when he musses with the details.

"I think the record has a political tinge to it, but it wasn’t me trying to feed you my crappy, base understanding of geopolitics," El-P says via phone from Planet New York. "I think the record is a snapshot of a mind state during a time that is highly politicized and strange…. I don’t think anyone needs to hear my perspective on why war is bad or what’s happening in the world. I just think that I’m very influenced by the tone of the times, and it comes through."

Deliberately twisted, I’ll Sleep When You’re Dead isn’t, as El-P puts it, "constructs for the radio." Some of the tracks, such as "Everything Must Go" and "No Kings," are simple yet evocative b-boy rants with fresh rhymes. Others are stories. "Habeas Corpses" details a prison guard and firing-squad technician in a futuristic American prison camp — "This is incredibly nerdy," El-P says — who falls in love with one of the prisoners destined to be executed. He questions his feelings for her, but in the end he shoots her.

Eye-catching names such as Cat Power, Trent Reznor, members of the Mars Volta, and Daryl Palumbo from Head Automatica riddle I’ll Sleep When You’re Dead ‘s liner notes. El-P submerges the cameos — a rap by Slug from Atmosphere here, a vocal hook by Matt Sweeney there — into the maelstrom along with the X-Clan samples. With few exceptions, they’re barely noticed. El-P retains center stage.

"It’s been five years since he’s put out a record, so there’s people coming out of the woodwork to get behind him," Amaechi Uzoigwe, El-P’s longtime manager and business partner, says. He describes a postrelease schedule that includes appearances on late-night TV talk shows and international tours. "I think this record is what El-P has done every five years, going back to Funcrusher on Rawkus with Company Flow," Uzoigwe says. "He redefines what indie hip-hop is and can be every time he drops a record."

Throughout his career, El-P has consistently pushed the boundaries of hip-hop. As the leader of the trio Company Flow, in 1997 he issued the totemic Funcrusher Plus, a disc that eventually sold more than 100,000 copies with no radio or video support. (Vibe magazine recently called it "the defining document of ’90s hip-hop dissent.") Shortly before the group disbanded, El-P cofounded Definitive Jux with Uzoigwe. The label grew into an outpost for idiosyncratic visions from Aesop Rock, RJD2, and Mr. Lif. I’ll Sleep When You’re Dead continues that tradition as El-P reconfirms his status as a serious artist worthy of the same consideration as Nine Inch Nails and Cat Power. It’s his first since 2002, but he argues, "It seems like a long time, but for me it didn’t seem that long." Remixes for others (TV on the Radio, Hot Hot Heat, and Beck), beats for his Definitive Jux roster (Mr. Lif and Cage), exotic collaborations (High Water with jazz pianist Matthew Shipp’s Blue Series Continuum), and a soundtrack assignment (Bomb the System) helped the years pass by.

"Those things were me getting into the role of different characters. None of it was really me," El-P says. "The outside production that I do is about me trying to step into the role of furthering someone else’s vision and working within those confines. I seek those things out. I wanna know how to do it. I want to get better at it. I seek these experiences out because I know I’m going to go back and make my record, and hopefully there’ll be something I can pull from those experiences to enhance what I do for myself."

If all goes to plan, I’ll Sleep When You’re Dead will anchor a busy year for Definitive Jux. New albums from Aesop Rock, Cage, Camu Tao and Rob Sonic and a 10th-anniversary reissue of Funcrusher Plus are in the offing. The label has been relatively quiet in recent years, only releasing one album (Mr. Lif’s Mo’ Mega), in 2006. In 2007, Definitive Jux hopes to reclaim its past and map out its future.

"We spent last year getting everything together internally so that we can go into these next couple of years as strong as possible," El-P says. He bristles at the notion that Definitive Jux is on the verge of a comeback. The label’s inactivity, he explains, was due to operational issues from launching a digital download store (the Pharmacy) to simply waiting for artists to finish their albums. "We’re very lucky, especially given a time where record labels are dropping like flies. It’s hard to maintain a business, and it’s hard to keep going. Somehow we’ve managed to be healthy and line up great projects. I’m very excited, to be honest."

In some ways, El-P has it easy. As a New York artist who came of age during the Wu-Tang era, the 32-year-old is a critic’s darling who isn’t as scrutinized and second-guessed as many of his peers, a group that ranges from the aforementioned Atmosphere and Busdriver to People under the Stairs and Sage Francis. But if mainstream audiences and critics continue to write off indie rap as a province for silly idealists and college nerds, then I’ll Sleep When You’re Dead indicates that the genre survives in spite of their disdain. At the very least, it sets an impressively high standard for a much-maligned and beleaguered art form.

"I think the genre is a little bit stagnant, musically and creatively. And I think we’ve seen the result of that, whether it’s show attendance, record sales, and just general complaints from the music community," Uzoigwe says. "I think [I’ll Sleep When You’re Dead] is a much-needed addition to the indie hip-hop canon." *

EL-P

Sun/25, 9 p.m., $15

Mezzanine

444 Jessie, SF

mezzaninesf.com

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Screaming for vengeance

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It was the unquiet dead, whispering in the dark, who set John Cobbett on his path.

In December 2001, Cobbett — a longtime Mission District rocker and guitar hero with such notably heavy outfits as Slough Feg, Ludicra, and Hammers of Misfortune — was on the East Coast visiting his identical twin brother, Aaron, a photographer living in Brooklyn, just across the East River from the smoldering ruins of the World Trade Center.

"I visited the site. It was at night and freezing cold," Cobbett notes. "I remember the sounds of the cranes and demolition machinery wrenching huge slabs of twisted metal and concrete from the wreckage. All through the night these eerie, mournful sounds reverberated off the surrounding towers. It was an incredibly haunted place."

The wound at that time was still so fresh, you see. But the grief, fear, and uncertainty were being transformed, alchemically, inexorably, into something very different: a television spectacle and a justification for war far removed from the dust, the heat, and the stench of burning corpses that Cobbett says lingered in his brother’s neighborhood for months.

As the tragedy played out — the dead painstakingly named and numbered, the TV newscasters falling easily into the cadence of wartime rhetoric — Cobbett realized he had to respond. But the methods of political rock seemed far too self-righteous, and even patronizing, given the scale of bloodletting and demagoguery.

The way forward was finally revealed one month later, during the 2002 Super Bowl halftime show, which included a performance by U2 and a remarkable moment of patriotic kitsch: at the show’s climax, Bono, with the names of the 9/11 victims scrolling overhead on a huge banner, opened his leather jacket to reveal the Stars and Stripes beneath.

The crowd went wild, but for Cobbett it was shameless propaganda. The phrase "trot out the dead" leaped into his head, and music and lyrics quickly followed.

"I got so fucking pissed," Cobbett says. "These victims are rolling over in the superheated rubble below Ground Zero. It was so cheap and so tawdry. I decided, ‘I’m going to take these motherfuckers to task.’ "

Gloriously rocking and extraordinarily angry, "Trot Out the Dead" would become one of several jaw-dropping centerpieces of The Locust Years (Cruz del Sur Music), a record that took five more years and several new band members to complete and may well be one of the most urgent and affecting works of rock ‘n’ roll — not to mention protest music — produced by a band in San Francisco or anywhere else. It is the soundtrack to the George W. Bush years, a musical wail of sorrow and fury all the more overwhelming for its mythic metal lyrics and its seamless blend of prog rock ambition, hard and heavy bombast, and massively killer riffage.

If this sounds over the top, well, it is, a fact to which Cobbett gleefully cops.

"No matter how ridiculous we are, no way can we get more stupid and ridiculous than the real thing," he says. "No matter how grandiose I can get with a metal song, there’s no way I can go to Iraq and start a war. No matter how sanctimonious I get, there’s no way I could match what was coming out of Rumsfeld’s mouth. The shit coming out of those people’s mouths — it was gold."

HAMMERS COME AND GO


One of five siblings born to a middle-class Rochester, NY, family ultimately sundered by divorce, the teenage Cobbett wound up in Washington, DC, in the 1980s and quickly fell in with the breakthrough hardcore scene of the era. Minor Threat, Bad Brains, and the Obsessed were his bread and butter, but with the emergence of Revolution Summer’s early emo bands in 1986, the music became, in his words, "specious and cloying."

Taking his cue from a friend who said he’d like San Francisco, Cobbett spontaneously packed his gear and hit the road. "Within a week I was living in the Mission District," he says, "and still do."

Before too long he had fallen in with Chewy Marzolo, a drummer with the heavy and hardcore outfit Osgood Slaughter. That carried them both into the 1990s, at which point the musical chairs began in earnest. Cobbett joined the Lord Weird Slough Feg, a band packing equal parts Celtic folk mythos and old-school metal pomp. There he connected with vocalist Mike Scalzi, who would later help define Hammers’ sound with a manly, operatic holler that would do Rob Halford proud.

Marzolo, meanwhile, was busily following what he calls a "one-band-to-the-next continuum" all the way to Cobbett’s first incarnation of Hammers of Misfortune in 1998. Along the way he founded Poverty Records, a vital imprint that documented the Mission’s explosion of grimy and creatively unfettered rock ‘n’ punk with a slew of 7-inch records and CDs from such essential bands as Fuckface, Lost Goat, Towel, and Hickey.

After an initial outing as Unholy Cadaver — a devil-voiced combo that congealed around San Francisco’s cultish homegrown black metal scene, along with such peers as Weakling and Ludicra — Hammers’ lineup was refined and completed with the addition of vocalist-bassist Janis Tanaka, late of L7 and Stone Fox. Black metal became not an end in itself but a subordinate element in a larger musical palette that came together on Hammers’ full-throttle debut, The Bastard (tUMULt, 2001). Despite its acoustic flourishes, spooky harmonies, medievalist illustrations, and Joseph Campbell–inspired lyrics, it ain’t no teenage Dungeons and Dragons fantasy adventure rewarding its heroes with heaps of treasure and experience points. The Bastard turns out to be an ecological revenge fantasy, in which the "trolls of wood and stone" storm the village to "slay the ones who chop and cut / Slay them in the their wooden huts." It’s a wicked metaphor for the fate awaiting those mortals who dare abuse the blessings of nature.

Despite the record’s subcultural acclaim from magazines such as Terrorizer and Lamentations of the Flame Princess — and the admiration heaped on its follow-up, The August Engine (Cruz del Sur Music, 2003), a hard rock parable of cliquish music-scene self-destruction — Hammers of Misfortune had chosen a road that was neither wide nor easy. What kind of metal was this anyway? True? Black? Epic? These fine points of genre fidelity may seem irrelevant to a die-hard music fan, but for labels the difference is a record they can sell or not. "I loved Hammers the first time I heard them, and it never occurred to me to question or examine their sound, which was this gloriously confusional, amazing, and intricate chunk of mind-blowing music, metal or otherwise," says Andee Connors, who put out The Bastard on his tUMULt imprint. "It might be confusing for folks who are very strict with their genre divisions."

There is only so much small labels can do, however, and Tanaka’s departure to play with pop vocalist Pink was another monkey wrench. The addition of Jamie Myers on bass and vocals carried Hammers through The Locust Years‘ recording sessions until she too took a bow, moving to Texas to raise her first child. Scalzi, disinclined to divide his time between two bands, also departed, to focus his attention entirely on Slough Feg.

ANTHEMS FOR DARK DAYS


Today Hammers are touring with a refreshed and potent lineup, teaming Marzolo and Cobbett with bassist Ron Nichols; vocalist and second guitarist Patrick Goodwin of retro muscle rockers Dirty Power; and the musically omnivorous vocalist Jessie Quattro, who was raised on Doc Watson and the hymns and "occasional barking" of Pentecostal Christianity. Sigrid Sheie, a classically trained pianist, has been a constant on the last two records, bringing musical formality and some of the most boss Hammond B-3 and Leslie keyboards heard in rock since the ’70s heyday of Deep Purple — particularly notable on "Election Day," the penultimate track on The Locust Years. The tune is a whirlwind instrumental workout that recalls such classics as Focus’s "Hocus Pocus" and Edgar Winter’s "Frankenstein."

The song is a joy to hear simply as rock ‘n’ roll and exemplifies the real musical exuberance Hammers bring to what is otherwise grim and woeful fare. The whole record leavens its bleak social commentary with what Cobbett describes as "little-kid enthusiasm" for rocking out in high style. The lyrics, while not necessarily dactylic hexameter, are still richly allusive as metalhead poetry, inviting listeners to suspend their disbelief, find their own meaning, and let the emotional sweep of the music fill in the blanks. Anything unstated by, for example, "Chastity Rides," a harmonically gorgeous paean to the Platonic ideal of politically conservative virtue, is made ever so explicit by the snarling, minor-key instrumental bridge. The same technique is also applied to great effect in "War Anthem," a stirring call to arms that blatantly steals its sentimental grandeur from "The Star-Spangled Banner" then yanks the veil aside to reveal the bald-faced rapacity of the masters of the war on terror — be they Islamofascists, Christian supremacists, or military-industrial profiteers.

From the record’s opening moments, with Cobbett’s guitar wailing like a thousand 9/11 banshees, to the dreadful prophecy of "Famine’s Lamp" — certainly one of the great rock ‘n’ roll dirges — clear through to the gleaming, high-tech, satellite-guided apocalypse of the album-closing "Widow’s Wall," The Locust Years appeals to me as a ferocious summation of all the shameless hypocrisy, betrayal, and avarice of the last six years. It is tremendously cathartic but not necessarily hopeful. The album’s title — borrowed from Winston Churchill, who coined the phrase in reference to the declines and compromises of the 1930s and their resolution in the gas chambers and killing fields of World War II — is an embittered indictment of the flag-waving, churchgoing citizen-consumer. Good Germans all, dutifully following their leader as the abyss yawns ever wider.

LITTLE USE FOR ILLUSION


No one in the band has any delusions that their underground heavy metal record is going to change the world — and not one of them seems willing to suck up to a music industry that would only turn it into focus-group approved, prechewed rage against the generic machine. Hammers is truly a Mission District group, deeply rooted in a seething community of fiercely — even dysfunctionally — independent musicians, labels, and fans with roots dating back at least 20 years.

But Hammers of Misfortune are also a band with a mission and a message — and a whole of good rockin’ to come. Sheie modestly hopes for at least a European tour and enough earnings to not have to worry about covering practice-space fees — then confesses she thinks the record deserves a Grammy. Quattro is in a similar mood, daydreaming of playing to an arena of "30,000 screaming fans." I hope it all comes true in spades.

As for Cobbett, he’s been touring with Ludicra and, fresh from exhibiting Hammers at South by Southwest, has a new concept album germinating in his mind. Something to do with a perfect storm known as Hurricane Katrina and the drowned city of New Orleans. Another victim of the locust years, to be immortalized in song.

The gods of metal are angry and sharpening their swords. *

HAMMERS OF MISFORTUNE

With Genghis Tron and Kylesa

Sun/25, 9 p.m., $10, all ages

Bottom of the Hill

1233 17th St., SF

(415) 621-4455

www.bottomofthehill.com

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Don’t fight the new media

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OPINION When I first found myself incarcerated, there were six other journalists in the United States under the threat of imprisonment for practicing their profession. They have since all been spared the unfortunate fate of incarceration, but at the time it seemed that the press was under a full-scale attack, and it was necessary to develop a united front to defend against the growing tide of corporate and government repression.

As a result, Free the Media was born. In its function as an online and meet-space organization, Free the Media is intended to help organize and agitate whenever and wherever the free-press guarantees under the Constitution are threatened. The forum is also focused on exploring the complex issues and controversies that continue to develop within this changing media landscape. Finally, it is my hope that Free the Media can serve as an open platform to bring people together in order to work on the development of new media solutions that will help ensure a healthy and resilient independent press for years to come.

The face of the media is in flux right now, and it’s still unclear where this current is headed. While some professionals in the field are resistant, I’m inclined to welcome the expanding landscape. Though there has never been a shortage of reporters, market influences have resulted in countless stories being neglected in favor of more popular fodder. With the recent surge of self-published and independent online journalism, the stories that are not economically viable finally have the opportunity to see the light of day.

These new, developing voices are more diverse than perhaps ever before, and the stories they tell are often more intimate and compelling than anything a professional outsider can deliver. At last those voices that are often silent, the disenfranchised, can be heard without the aid of a brave, insightful editor of a major newspaper.

Twenty years ago Peter Sussman of the San Francisco Chronicle began publishing accounts from inside the Lompoc federal penitentiary by Dannie Martin. These firsthand reports allowed the newspaper’s readership an opportunity to vicariously experience life in prison. Today through prisonblogs.net, 10,000 Dannie Martins could conceivably contribute to the discussion with their own unique perspective on incarceration.

The media is changing. This we know for sure. But what remains to be seen is the role professional journalists will take in developing this new landscape. Will the battle lines be drawn with two classes of warring voices, or will we work together in solidarity to develop a massive chorus as diverse and eclectic as our society itself? As journalists, is our commitment to an economic system, or is it to the pursuit of the free flow of information? The power is in your hands. Choose wisely. *

Josh Wolf

Josh Wolf, a freelance videographer, has been in federal prison for more than 200 days, making him the longest-imprisoned journalist in US history. Last week the Freedom of Information Committee of the Society of Professional Journalists honored him with a special citation; Wolf, for obvious reasons, was unable to accept the award in person, but he sent along this piece.

The giant extension-cord plan

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EDITORIAL It’s only because of a dark moment in San Francisco’s history that city officials are trying to figure out what to do about an underwater electricity cable that’s slated to run from Pittsburg onto port property and provide additional power for the tip of the Peninsula.

San Francisco was supposed to have its own power cable, carrying its own power over the bay from the hydroelectric dam at Hetch Hetchy. In fact, in the 1920s the city built 99 miles of cable, from the high Sierra to the South Bay … and mysteriously ran out of copper wire a few yards from a new Pacific Gas and Electric Co. substation in Newark.

That was a key moment in the Raker Act scandal, the ongoing violation of federal law that has allowed PG&E to operate a monopoly private power agency in a city that’s supposed to have public power.

But now PG&E controls all the power coming into town — and the California Independent System Operator, which is responsible for the state grid, says the supply coming into San Francisco is too limited and not sufficiently reliable.

As JB Powell reports in "Power Play" on page TK, Babcock and Brown, an international financial firm based in Australia, has put up $300 million for a Trans Bay Cable that would link the city to the East Bay. Ironically, a public power agency — in Pittsburg — would wind up making money off the project by selling power in San Francisco. Other than rent at the port, this city will get nothing out of the deal.

There are some basic conceptual problems with the project. Most of the power shipped along the 57-mile, 400-megawatt line would be produced by fossil fuel plants. That’s contrary to the direction the city is trying to go: San Francisco is in the process of building solar projects and is looking into using tidal energy. The Hetch Hetchy project, of course, is hydropower. And critics say that the new line would flood San Francisco with an oversupply of electricity, discouraging the environmentally sound approach of conservation.

But there’s a larger problem here: a private venture firm will own the cable — and could sell it to another entity, perhaps PG&E. So the city’s energy future under this scenario will still be tied to unaccountable private interests.

Sup. Ross Mirkarimi, whose Local Agency Formation Commission held a hearing on the cable plan in January, asked San Francisco Public Utilities Commission (SFPUC) staffers why the city doesn’t have its own line. The agency, staffer Barbara Hale said, has been looking into that — but any project would be years away.

Still, this line, if the city goes along with the deal, will be with us for decades — and the Board of Supervisors shouldn’t just approve it without looking at its role in a long-term municipal energy program. San Francisco is moving inexorably toward public power — too slowly, but inexorably. How, exactly, does this cable fit into a municipal power system? Does San Francisco even need it? Is a publicly owned transbay power line something that ought to be on the agenda? Why would the city want to go along with this private venture if there is (or ought to be) a city project in the wings?

Nobody has answered those questions, because the city still lacks a detailed public power plan. Before the supervisors approve this cable, the SFPUC needs to look at all the energy options, prepare a long-term plan, and evaluate whether this giant extension cord fits into it. *

Power play

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The San Francisco Board of Supervisors will soon decide the fate of the Trans Bay Cable (TBC), a privately financed, underwater power line that would plug the city’s electric grid into power plants in the East Bay.

Backers call the cable the best way to avoid blackouts, like those the city saw in the wake of the energy deregulation debacle of the late 1990s. But green power activists argue that the developer of this 57-mile extension cord is cashing in on California’s blackout fears and that approving the project would go against the city’s commitment to finding sustainable sources of energy.

Australian financial firm Babcock and Brown has staked $300 million on the cable’s construction and offered more than $28 million for a community benefits package if the project is approved. The developer plans to profit on its investment with a guaranteed 13.5 percent rate of return, granted to it by the Federal Energy Regulatory Commission for the sale of power running through the cable. Power plants in and around Pittsburg would generate most of the juice going though the 400-megawatt-capacity line. Ratepayers across the state would foot the bill.

The California Independent System Operator (Cal-ISO), the public benefit corporation in charge of the state’s electric grid, has asked for San Francisco supervisors to approve the cable as soon as possible so that it can begin service by 2010. Cal-ISO’s sole mission is to keep the lights on, and when there isn’t enough power in the system, it coordinates the dreaded rolling blackouts that most Californians remember from the energy crisis. CAL-ISO representative Larry Tobias brought up those dark days at a San Francisco Port Commission meeting Feb. 27. "Without the Trans Bay Cable project," he warned, "we will be back in that situation again." Electricity from the TBC, Tobias told commissioners, will give the city’s system the "reliability" to prevent blackouts.

Tobias said if supervisors reject the cable project, CAL-ISO will have to seek alternative proposals. At a January meeting of the city’s Local Agency Formation Committee (LAFCo), Tobias brought up a plan previously put forward by Pacific Gas and Electric Co., which looked to bring power across the bay from a substation in Moraga. In 2005, PG&E asked for more time to finish its design. CAL-ISO rejected its request and chose the TBC instead.

But some local activists say the city does not need the cable, or any other privately funded power line. Steven J. Moss of San Francisco Community Power told the Guardian a 400-megawatt cable would flood the power grid with "an enormous oversupply" of electricity. "That would be a waste of resources," he said. Moss claims CAL-ISO is understandably obsessed with reliability but the probability of its doomsday blackout scenarios is incredibly small. How small? At the Port Commission’s March 13 meeting, Moss said his calculations indicate there is only a "0.0002 percent chance that the [TBC] will be needed."

Even in the worst-case scenario, Moss told us, the city is only "looking at a 50- to 60-megawatt gap [in energy supplies] 10 years from now." His figures, he said, are based on Cal-ISO’s own estimates, adding, "The real way to plug that gap [is] demand management — solar, wind, all the things that San Francisco talks about constantly and that are good for us."

At the January LAFCo hearing, Sup. Ross Mirkarimi questioned officials from the San Francisco Public Utilities Commission (SFPUC) about the city’s plans to acquire its own power line from the Hetch Hetchy Reservoir’s hydroelectric stations. The city already owns most of the 200-mile transmission route from the Yosemite power stations, but PG&E possesses the last 30 miles and charges the city fees to bring electricity up the Peninsula from Newark. "Why can’t we have our own cable?" Mirkarimi asked SFPUC staffer Barbara Hale. She said the agency has been "studying the feasibility" of the proposed city-owned line but cannot yet commit to a firm "coming online date" like the TBC’s developer can.

For years the city has been seeking a way to secure full ownership of the Hetch Hetchy lines as a step toward forming a public power utility, independent of PG&E control. Ironically, if the TBC is built, a public power agency would own the cable and profit from it, just not San Francisco’s power agency. Pittsburg’s municipal utility is slated to take over the line once Babcock and Brown finishes its construction.

At the same hearing in January, Moss pointed to such projects as the proposed Hetch Hetchy line, as well as the city’s evolving plans to implement more renewable power sources, as proof that supervisors should reject the TBC. Calling the cable a "potlatch," Moss said, "Time is our friend" in power matters. "Technology will change and improve, [and] we’re potentially rushing into a very expensive project." Mirkarimi did not return calls for comment, but at the hearing, he indicated he is still studying the cable and has not yet formed a position on it.

Philip DeAndrade, chair of the city’s Power Plant Task Force, expressed concerns that Pittsburg’s power plants burn "very available fossil fuels" for their generation and that these cheaper sources of electricity "might take out of the market mix" more renewable energy. DeAndrade also brought up the four gas-fired combustion turbines, known as peakers, that the city is in the process of bringing online. With these generators scheduled to go into service in 2009, as well as several PG&E transmission projects either in the works or already operational, DeAndrade said, "I’m not convinced [the TBC] is a good deal for San Francisco. What it looks like is a good deal for Babcock and Brown and the City of Pittsburg."

CAL-ISO insists that the TBC is the best reliability option for the region. Spokesperson Gregg Fishman said the peakers and other local energy projects will allow the system operator to stop relying on the inefficient Potrero Hill Power Plant. "But all that really does is keep us even in San Francisco. It doesn’t improve the reliability of the system at all — and in fact, with load [demand] growth we are actually falling slowly behind." Fishman later mentioned the added benefits of having power come in from a different direction. Currently, all power lines feeding the city travel up the Peninsula.

On March 13 the TBC cleared its first local regulatory hurdle when the Port Commission approved a licensing agreement for the cable’s facilities. Port officials, along with staff from the Mayor’s Office and other city agencies, spent weeks negotiating the terms of the deal with Babcock and Brown. The agreement grants the port annual rent payments in excess of $1 million, a needed cash infusion for the strapped agency.

The community benefits package gives the port an additional $5.5 million, with an as yet undetermined portion of those funds to be spent on open-space and energy-related projects on port-owned land. In addition to payments to the port, Babcock and Brown pledged more than $23 million to the SFPUC for sustainable energy programs, such as solar, wind, and tidal power initiatives.

Despite passing the licensing and benefits packages, port commissioners and their staff said they were not ruling on the project’s merits in terms of energy policy. Port special projects manager Brad Benson, who spearheaded the negotiations, told us, "Port staff does not believe we have the required expertise to rule on energy policy aspects [of the TBC]. We believe the Board of Supervisors is the preferred venue" to settle those questions.

Reached for comment, several San Francisco supervisors, either directly or through staff, told us they are still making up their minds about the project. Sup. Sophie Maxwell told us even if the cable is built, the city will not allow the new power line to sidetrack its efforts to use more environmentally friendly energy. "The city’s policy is renewable energy. Fossil fuel is not our first and primary desire." But, she added, Cal-ISO "determine[s] our power needs, and so we have to go along with that. We can’t say, ‘No … you’re wrong.’ "

Babcock and Brown vice president Dave Parquet praised the Port Commission for approving the licensing agreement and benefits package, telling us, "We are very pleased with the port’s [approval] and look forward to the Board of Supervisors’ decision." Samuel Wehn, the TBC’s project manager at Babcock and Brown, said, "I don’t think San Francisco [officials are] going to put their city in the position where they’re not going to be able to provide the kind of energy that’s needed to keep this city running."

Moss said those kinds of arguments are "business as usual" for the state in terms of energy policy. "Here [we] go again with another large infrastructure project that doesn’t contribute to solving climate change or moving our energy agenda forward."

He added, "It’s classic political science. Out of [the average ratepayer’s bill] it’s pennies per month, so nobody cares about it … but that doesn’t mean it’s not an expensive project. It is." Babcock and Brown, he said, "saw an opportunity to make a very fat profit margin, and they went for it like any good profiteer." *

Whistle blower axed

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Dan Cooke, an educator and historical interpreter who guided tours of Alcatraz Island for the Golden Gate National Parks Conservancy, has been fired in the wake of a Guardian article that quoted him complaining about a sewage spill in the Bay.

On March 3, 2007 Cooke was informed by his supervisor, John Moran, that his position had been terminated because there weren’t enough hours available to keep him employed.
However, the day before Cooke was fired, and for several days after, the GGNPC website was advertising an immediate opening for the same position as Cooke’s. That posting has since been removed from the web site.
Cooke has filed an administrative complaint with the United States Department of Labor against GGNPC and NPS, claiming he should be protected under the whistleblower provisions of several federal environmental and health safety acts.

Cooke was a source for an article about possible sewage spills on the island (see “Smelly Situation,” Dec. 27, 2006) and told the Guardian that on Oct. 13 he witnessed Alcatraz Cruises boat crew hosing raw sewage into the bay from an overflowing holding tank on the island. The spill was also witnessed by the captain of a passing ferry boat, who reported what he saw to California’s Environmental Protection Agency.

National Park Service spokespeople dismissed those claims in interviews with us for the article and said it was their understanding the spill in question was just salt water.
Cooke was a part-time, “on-call” employee and his hours often fluctuated with the seasons. In December, he took two months off to visit his family in England, but since his return in late January he had not been scheduled for any shifts.

He contacted his supervisor, Moran, to find out why. According to the administrative complaint filed by Cooke’s lawyer, Eleanor Morton, “Moran told Cooke that Cooke’s statements in the San Francisco Bay Guardian article had ‘caused a big flap’ at GGNPC and NPS. Moran said that there had been multiple meetings about the article. Moran said that there was a high level of anger and resentment at GGNPC toward Cooke for his statements, that NPS was very concerned and that Moran himself had felt pressured to say that he also was angry at Cooke.”

Cooke says he noted the spill in the NPS logbook because that was protocol, and spoke to the Guardian because he was concerned about public health and safety. “My training is if you see things that concern you, write them down and inform your supervisor,” he said.

When contacted by the Guardian, NPS spokesperson Chris Powell said, “the National Park Service has no comment at this time. We just can’t talk about things like this.”

GGNPC also refused to comment on personnel issues.

Cooke remains concerned about conditions of the sewage system on the island and whether or not what he and others witnessed on October 13 has been properly investigated. “I’ve never been asked a question about this once by anyone at the National Park Service. Nobody’s ever asked me what happened,” he said. He said that the park’s superintendent, Brian O’Neill. “needs to say when these events occur we will do a proper investigation.”
Assemblymembers Mark Leno and Fiona Ma agree. After reading the Guardian article, as well as receiving additional evidence of possible E. coli-riddled bilge water from a boat in the Alcatraz fleet, Leno and Ma called on the NPS and San Francisco Bay Regional Water Quality Control Board to investigate the island and ferry service sewage issues.

In a joint letter drafted Jan. 17, they wrote: “The Alcatraz Ferry Service is one of San Francisco’s major tourist destinations with international visibility and the volume of these trips is significant. For these reasons, we would like to know if the problems …have been thoroughly or should be thoroughly investigated by your agency with assistance from the appropriate federal or local officials.”

Superintendent O’Neill responded that “the investigations were closed as ‘unjustified complaints’” and questioned the origin and verity of the E.Coli test sample, which obtained by Marina Secchitano, regional director of the Inland Boatmen’s Union, who has been protesting Alcatraz Cruises ferry contract with the NPS (See “Casting off,” Sep. 26, 2006).

O’Neill questioned Secchitano’s ability to gain access to the bilge of the boat from where it’s claimed the sample hailed, and also said the results were from a lab where “this was not the kind of testing that they do.” But in fact, someone with access to the bilge gave the sample to Secchitano – and the lab in question, Brelje and Race, confirmed that this is, in fact, exactly the kind of testing they do.

“We received a copy of your letter discrediting our laboratory results,” wrote Ann Hill to the NPS. “Although we can’t vouch for where this sample was collected from, we do stand by our results….We did not tell Alcatraz Cruises that this was not the type of testing we do. I talked with them and told them we did not collect or pick up samples that far away.” Which wasn’t an issue in this case, since a spokesperson for the union told us Secchitano brought the sample to the lab.

As far as what Cooke and an anonymous captain witnessed, O’Neill continued to maintain it was just sea water. “This complaint is erroneous and unjustified; allow us to clarify what happened,” he wrote, submitting as evidence a written statement from the island’s facilities engineer, James L. Adams — except the incident Adams cites, of a parted salt water line, was four days after the overflowing shit tank that Cooke and the captain saw.

“The letter kind of skirted the question,” said Ma spokesperson, Nick Hardeman, summing up O’Neill’s response. “The Brian O’Neill letter to Fiona and Mark is all the more reason there needs to be an independent investigation. There are disputing facts here. We need to find out what’s going on.” Hardeman has met with Cooke and is in discussion with Rep. Nancy Pelosi’s office to determine the proper jurisdiction for a full and independent investigation of the sewage system on Alcatraz and handling of it by Alcatraz Cruises.

Cooke says that’s the only reason he ever noted the spill in the first place. “I want an investigation. I want to go back to work. And I’d like the toilets to get fixed on the island. It’s a basic right for workers and visitors to the park,” he said. “If the net result is the termination of a person related to the leaking of the information, if that’s the only follow-up instead of an investigation, that’s a problem.” At this point, he is considering further legal action but is demanding only that the job he loves be reinstated and the appropriate back pay granted.

“The firing of Dan Cooke clearly raises a red flag,” Ma said in a statement to the Guardian. “My hope is that the National Park Service is committed to the protection of the fragile ecosystem of the Bay. If even some of Mr. Cooke’s allegations are true, it’s clear that NPS mistakenly thinks their reputation matters more than our environment.”

The Guardian Iraq War casualty report (3/15/07)

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Casualties in Iraq

U.S. military:

4 U.S. soldiers were killed today by a roadside bomb in Baghdad, according to the New York Times.

Source: http://www.nytimes.com/aponline/world/AP-Iraq-US-Casualties.html?_r=1&oref=slogin

3,433: Killed since the U.S. invasion of Iraq 3/20/03

Source: http://www.icasualties.org/

For the Department of Defense statistics go to: http://www.defenselink.mil/

For a more detailed list of U.S. Military killed in the War in Iraq go to:
http://www.cnn.com/SPECIALS/2003/iraq/forces/casualties/2007.01.html

Iraqi civilians:

98,000: Killed since 3/03

Source: www.thelancet.com

58,862 – 64,682: Killed since 1/03

For a week by week assessment of significant incidents and trends in Iraqi civilian casualties, go to A Week in Iraq by Lily Hamourtziadou. She is a member of the Iraq Body Count project, which maintains and updates the world’s only independent and comprehensive public database of media-reported civilian deaths in Iraq.

Source: http://www.iraqbodycount.net

A Week in Iraq: Week ending 11 March 2007:
http://www.iraqbodycount.org/editorial/weekiniraq/35/

For first hand accounts of the grave situation in Iraq, visit some of these blogs:
www.ejectiraqikkk.blogspot.com
www.healingiraq.blogspot.com
www.afamilyinbaghdad.blogspot.com

Antiestablishmentarianism attitudes among Iraqi religious groups is fueling intolerance and violence towards homosexuals in Iraq, according to the UN.

Source: http://www.gaypeopleschronicle.com/stories07/february/0202071.htm

Iraq Military:

Despite the Bush administrations promise to empower Iraqi women, opportunities remain limited, according to the San Francisco Chronicle.

Source

30,000: Killed since 2003

Source:http://www.infoshout.com

Journalists:

151: Killed since 3/03

Source: http://www.infoshout.com/

Refugees:

The Bush administration plans to increase quota of Iraqi refugees allowed into the U.S. from 500 to 7,000 next year in response to the growing refugee crisis, according to the Guardian Unlimited.

Source: http://www.guardian.co.uk/Iraq/Story/0,,2013034,00.html

Border policies are tightening because one million Iraqi refugees have already fled to Jordan and another one million to Syria. Iraqi refugees who manage to make it out of Iraq still can’t work, have difficulty attending school and are not eligible for health care. Many still need to return to Iraq to escape poverty, according to BBC news.

Source: http://news.bbc.co.uk/2/hi/middle_east/6293807.stm

1.6 million: Iraqis displaced internally

1.8 million: Iraqis displaced to neighboring states

Many refugees were displaced prior to 2003, but an increasing number are fleeing now, according to United Nations High Commissioner for Refugees’ estimates.

Source: http://www.unhcr.org/iraq.html

U.S. Military Wounded:

47,657: Wounded since 3/19/03 to 1/6/07

Source: http://www.icasualties.org/

The Guardian cost of Iraq war report (3/15/07): Bush asks congress to approve $622 billion for 2008. So far, $408 billion for the U.S., $51 billion for California and $1 billion for San Francisco.
Compiled by Paula Connelly

Bush asked congress to approve $622 billion for defense spending, most for the wars in Iraq and Afghanistan, in a $2.9 trillion budget request for 2008, according to Reuters.
Source: http://today.reuters.com/

Here is a running total of the cost of the Iraq War to the U.S. taxpayer, provided by the National Priorities Project located in Northampton, Massachusetts. The number is based on Congressional appropriations. Niko Matsakis of Boston, MA and Elias Vlanton of Takoma Park, MD originally created the count in 2003 on costofwar.com. After maintaining it on their own for the first year, they gave it to the National Priorities Project to contribute to their ongoing educational efforts.

To bring the cost of the war home, please note that California has already lost $46 billion and San Francisco has lost $1 billion to the Bush war and his mistakes. In San Francisco alone, the funds used for the war in Iraq could have hired 21,264 additional public school teachers for one year, we could have built 11,048 additional housing units or we could have provided 59,482 students four-year scholarships at public universities. For a further breakdown of the cost of the war to your community, see the NPP website aptly titled “turning data into action.”

Purple reign

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› a&eletters@sfbg.com

I first heard the Delinquents in 1999, when "That Man!" was in heavy rotation on KMEL. Its subject matter — caring for the kids while the wifey’s out cheating — was unique in gangsta rap. "We came from the left with that," G-Stack says, yet the freshness of the concept, combined with a funky Mike D beat and memorable Harm hook, made it an instant classic. By then their 1999 album, Bosses Will Be Bosses (Dank or Die) was six months old, and they already had a storied past.

Part of the Bay’s early ’90s independent scene, building a buzz from the ground up, G-Stack and V-White dropped their debut, the cassette-only Insane, circa 1993, on their label, Dank or Die. After a pair of 1995 EPs — The Alleyway and Outta Control (both Dank or Die) — the Delinquents signed to Priority at the same time the imprint inked its distribution deal with Master P’s then-Richmond-based No Limit Records. Yet during the promotional campaign for the 1997 full-length Big Moves, the duo learned the difference between being on Priority and being a priority.

"This was when ‘I’m ’bout It, ’bout It’ blew up for Master P," a relaxed Stack recalls at the East Oakland studio where he’s completing G-Stack Presents: Welcome 2 Purple City (4TheStreets), due March 27. "We promoting our album down south, West Coast, Midwest. Down south everything halted. We going into stores, they got huge Master P displays, and they didn’t even know we was coming out." The effect of this tepid label support, moreover, was compounded by backlash from their home audience, who equated independence with authenticity.

"At that time," Stack explains, "if you signed to a big label, people thought you weren’t real anymore. That affected our underground fan base. Then Priority didn’t support us. So we went back independent with Bosses, and our fans started messing with us again."

"Now we got a record buzzin’ on the streets. And radio wouldn’t support us, so a lot of local rappers started meeting, and everybody went up to KMEL. Nobody had a record at the time, and ours was doing good, so everybody pushed our record." He reviews the memory with satisfaction. "We kinda forced them to play it."

While the success of "That Man!" helped move 65,000 copies of Bosses, radio play was short-lived, because Clear Channel–owned KMEL had stopped playing local music. Yet even during the Bay’s leanest hip-hop years from 2000 to ’03, the Delinquents maintained a loyal following, selling out shows, moving units, and putting new talent on, as well as throwing the free Lake Berryessa Bash — think of a sideshow on Jet Skis — for thousands of fans every couple years. "They were the crazy glue of the town," says Dotrix 4000, who, as half of Tha Mekanix, produced several hot tracks on Purple City. "They held the scene together when it could’ve fell apart."

While the Delinquents have never lost their iconic status in the Bay — witness Stack’s representation of East Oakland on Mistah FAB’s geographical hit "N.E.W. Oakland" — they have strikingly chosen to pursue solo careers right as the region’s commercial fortunes are on the rise. Both rappers insist the decision has nothing to do with aesthetics or personal differences, and this is apparent from the warm vibe when V-White arrives for the photo shoot. Promoting his just-released Perfect Timin’ (V-White Ent./SMC), V explains the move as a way to stay original in what they see as an increasingly contentless hyphy movement.

"Chuck E. Cheese music," V says. "When I came up, the Bay was about game-spitters, cats with swagger. Now it’s, like, make up a word — do something stupid. That ain’t where I’m coming from. I’m with the reality rap, from them days when you rapped about what you was going through."

Stack is similarly defiant: "Our machine wasn’t built on what radio did for us. Now it’s hella different. If you independent, people think you’re weak. You need the radio to support you. I don’t like how it is now — I don’t kiss ass."

"I don’t have to make music the radio gotta play," V concludes. "I’m making music from my heart." Judging from Timin’ — a 27-track opus largely produced by protégé Big Zeke, spiked with hitworthy tracks by E-A-SKI and an intriguingly nonhyphy Traxamillion — V has a big heart, punctuating his tales of street crime with more personal memories, such as his daughter catching her first fish.

Stack meanwhile is using Purple City to introduce his own young crew, the Heem Team, as well as his alter ego, Purple Mane, who’s something like a dope-slinging superhero. A warm-up for Purple Hood, Stack’s proper solo debut, slated for July, Purple City began as a mixtape but morphed into a formidable album, including all-original beats by the likes of Tone Capone, FAB associate Rob-E, and Stack’s in-house team Sir Rich and Q. (For the record, the Delinquents were on the purple aesthetic — stemming from a variety of weed popular in Oakland — by the time of their 2003 mixtape, The Purple Project, a year before Big Boi and Dipset adopted it.)

The solo careers of V and Stack raise the question of what will happen to the Delinquents as a group. Both confirm a new album is on the table — most likely the final Delinquents project.

"We’ve been rapping since ’93," V says. "If I’m doing the same thing I was doing in ’93, that means I ain’t grew none. We’re just getting older."

"I feel very comfortable doing the last Delinquents album," Stack adds. "I can actually feel like I’ve completed it." *

The corporation that ate San Francisco

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› sarah@sfbg.com

For the past decade, Florida-based megadeveloper Lennar Corp. has been snatching up the rights to the Bay Area’s former naval bases, those vast stretches of land that once housed the Pacific Fleet but are now home to rats, weeds, and in some places, low-income renters.

When the Navy pulled out of Hunters Point Shipyard in 1974, it left behind a landscape pitted with abandoned barracks, cracked runways, spooky radiation laboratories, antique cranes, rusting docks, and countless toxic spills.

A quarter century later, Lennar came knocking at the shipyard’s door — and those of other military bases abandoned in the waning days of the cold war — recognizing these toxic wastelands as the last frontier of underdeveloped land in urban American and an unparalleled opportunity to make big money.

Lennar had already won its first battle in 1997, seizing control of the Bay Area’s former military pearl in Vallejo when it was named master developer for the old Mare Island Naval Shipyard. Two years later it almost lost its bid for Hunters Point Shipyard when a consultant for the San Francisco Redevelopment Agency recommended giving the development rights to the Ohio-based Forest City.

Lennar fought back, calling on politically connected friends and citing its deep pockets and its track record at Mare Island.

A parade of Lennar supporters, many of them friends of then-mayor Willie Brown and Rep. Nancy Pelosi, told the Redevelopment Agency commissioners that Lennar was the only developer that had bothered to reach out to the Bayview–Hunters Point community. In the end, the commissioners — all of them mayoral appointees — ignored their consultant’s advice and voted for Lennar.

Nobody knows if Forest City would have done a better job. A developer is, after all, a developer. But Lennar’s victory at the shipyard helped it win the rights, four years later, to redevelop Treasure Island — long before it had even broken ground at Hunters Point. And a couple years ago, it parlayed those footholds into an exclusive development agreement for Candlestick Point.

Now the Fortune 500 company, which had revenues of $16.3 billion in 2006, does have a track record at the shipyard. And that performance is raising doubts about whether San Francisco should have entrusted almost its entire undeveloped coastline to a profit-driven corporation that is proving difficult to regulate or hold accountable for its actions.

Sure, Lennar has provided job training for southeast San Francisco residents, set up small-business assistance and community builder programs, and invested $75 million in the first phase of development. That’s the good news.

But on Lennar’s watch, a subcontractor failed to monitor and control dangerous asbestos dust next to a school at the Hunters Point Shipyard, potentially exposing students to a deadly toxin — despite promising to carefully monitor the air and control the construction dust.

And when the homebuilding industry took a nosedive last year, Lennar reneged on its promise to provide needed rental housing on Hunters Point — saying that its profit margins were no longer good enough to make rentals worthwhile. All of which raises questions about whether this company, which is working with Mayor Gavin Newsom to build a stadium at the shipyard to keep the 49ers in town, really has San Francisco’s interests in mind.

Bayview–Hunters Point native Dr. Ahimsa Porter Sumchai, a physician and a Sierra Club member, called the Lennar deal the "dirty transfer of the shipyard." She told us, "There is no reason why I’d trust Lennar more than I would the Navy and the federal regulators who have stringently worked on the cleanup of Hunters Point Shipyard, and yet it still remains toxic."

"This is just a play to get the shipyard," said Porter Sumchai, whose father was a longshore worker at the shipyard and died from asbestosis.

Part of the problem is systemic: the Redevelopment Agency hands over these giant projects to master, for-profit developers — who can then change the plans based on financial considerations, not community needs. And while Lennar likes to tell decision makers of its massive size and resources, the actual work at these bases has been delegated to limited-liability subsidiaries with far fewer available assets.

In this case, Lennar experienced a 3 percent drop in sales last year, a 29 percent increase in cancellation rates on homes, and a 15 percent dip in its fourth quarter profits. The downturn prompted Lennar’s president and CEO, Stuart Miller, to identify ways to improve what he described in the annual report as the company’s "margin of improvement" in 2007. These included "reducing construction costs by negotiating lower prices, redesigning products to meet today’s market demand and building on land at current market prices."

A Lennar spokesperson, Sam Singer, issued a statement to us saying that "Lennar BVHP is committed to operating responsibly, continually incorporating best community and environmental practices into our everyday business decisions."

But for a look at how Lennar’s model clashes with community interests, you need go no further than the edge of the site where Lennar has been digging up asbestos-laden rock.

DUST IN THE WIND


The Muhammed University of Islam is a small private school that occupies a modest flat-roofed hilltop building on Kiska Road with a bird’s-eye view of the abandoned Hunters Point Shipyard. This year-round K–12 school is affiliated with the Nation of Islam and attracts mostly African American students but also brings in Latino, Asian, and Pacific Islander children, many of whom have had problems in the public school system and whose parents can’t cover the cost of a private school.

"We find a way," the school’s mustachioed and nattily dressed minister, Christopher Muhammed, recently told the Redevelopment Agency in a veiled allusion to the financial nexus between the MUI and the Nation of Islam’s mosque and bakery on Third Street. "Many students aren’t members of our tradition but live across the street, down the street, or come from Oakland and Vallejo."

The minister is asking the Redevelopment Agency, the agency that selected Lennar and oversees the project, to permanently relocate the school. The school’s classrooms and basketball courts sit on the other side of a chain-link fence from Parcel A, which is the first and only plot of land that the Navy has certified at the shipyard as clean and ready for development.

Standing on these courts, the children have been able to watch heavy machinery digging up and moving huge amounts of earth in preparation for the 1,600 condos and town houses that Lennar wants to build on this sunny hillside, which has views of the bay and the rest of the shipyard.

The shipyard’s other five parcels are still part of a federal Superfund site, despite having undergone years of decontamination. Black tarps cover piles of soil that have been tagged as contaminated, and recently, radiological deposits were found in the sewers and soil. The Navy is still cleaning up a long list of nasty toxins, including PCBs and solvents, on Parcels B through F, the land Newsom now wants the city to take over so that it can hastily build a stadium for the 49ers.

But the minister’s request to relocate the MUI isn’t inspired by fear of Navy-related contamination or the impact of a stadium on the neighborhood but rather by the reality that asbestos is naturally present in this hillside and Lennar’s excavation work on the other side of the school’s chain-link fence has been kicking up dust for almost a year.

It’s not that Lennar and the city didn’t know about the asbestos. In April 2000 the environmental impact report for the shipyard reuse noted, "Because asbestos-containing serpentinite rock occurs at Hunters Point Shipyard, construction-related excavation activities could cause chrysotile asbestos associated with serpentinite to become airborne, creating a potentially significant impact to public health and safety."

So when Lennar proposed demolishing abandoned housing and roads and grading and transferring massive amounts of earth on Parcel A, the Bay Area Air Quality Management District demanded an asbestos dust mitigation plan that included sweeping and watering the construction sites and making sure that vehicle tires are washed before drivers exit.

The state Asbestos Air Control Toxic Measure also stipulates that if a school lies within a quarter mile of a construction site, local air districts can require developers to install asbestos dust monitors and shut down their sites whenever asbestos registers 16,000 fibers per cubic meter. The state requires these extra steps because children have higher metabolisms, growing lungs, and longer life expectancy. Plus, they’re lower to the ground and are likely to run, skip, hop, and play ball games that kick up dust.

Although Lennar agreed to abide by the air district’s requirements, the developer failed to properly implement this plan for more than a year.

The air district’s records show that Lennar’s environmental consultant, CH2M Hill, failed to include any air monitoring in its original plan for Parcel A, which is odd because the school is obvious to anyone who visits the site. It was only when the air district pointed out the existence of the Hunters Point Boys and Girls Club, the Milton Meyer Recreation Center, and the MUI, all within the quarter-mile limit, that Lennar agreed, at least on paper, to what the air district describes as "one of the most stringent asbestos dust mitigation plans in the state."

The plan combines the air district’s asbestos requirements with the city’s demands that Lennar limit "ordinary dust" that can cause respiratory irritation and aggravate existing respiratory conditions, such as asthma and bronchitis. Lennar agreed to implement the plan in the summer of 2005 and determine background levels of dust and toxins at the site before work began in the spring of 2006.

But that didn’t happen. For 13 months there is no data to show how much asbestos the MUI students were exposed to, neither for the 10 months before construction started on the cleared site nor for the first three hot and dusty months when Lennar’s subcontractors began massive earth-moving operations next to the school.

You’d think that after these failures became public knowledge, a devastated Lennar would have gotten a black eye and perhaps fired the subcontractors involved. Failing to protect children in a community that’s been the repeat victim of environmental injustice is a public relations nightmare, particularly in a part of town where distrust of redevelopment runs deep, thanks to the travesties in the Fillmore in the 1960s, followed by the city’s recent rejection of a referendum to put the Bayview–Hunters Point Redevelopment Plan to a public vote.

But while Lennar’s executives finally did the right thing last August by alerting the air district and replacing CH2M Hill, they didn’t release their two other subcontractors, Gordon Ball and Luster, nor did they sufficiently rein them in when violations continued, critics have testified at agency meetings.

And instead of apologizing to the air district and the city’s Department of Public Health for making them look like impotent fools, Lennar executives pushed back, contending that asbestos monitoring wasn’t necessary until May 2006 and that they didn’t need to water the tires of private vehicles.

They even listed economic rationalizations for the screwups that did happen. According to a memo marked "confidential" that the Guardian unearthed in the air district’s files, written by the air district’s inspector, Wayne Lee, Lennar stated, "It costs approximately $40,000 a day to stop grading and construction activity" and "Gordon Ball would have to idle about 26 employees on site, and employees tend to look for other work when the work is not consistent."

Meanwhile, the Department of Public Health was left reeling. Environmental health director Dr. Rajiv Bhatia told us, "It was very disappointing. We worked very hard. We wanted this system to be health protective. Whenever things don’t work, it takes time to get back to levels of trust. This hurts trust and credibility."

In September 2006 the air district issued Lennar a notice of violation for the period of July 14, 2005, through Aug. 3, 2006. Lee wrote that vegetation removal on the site "disturbed the soil and in some cases, likely resulted in dust." He also made it clear that "any track onto common roads could be tracked out to public thoroughfares and create asbestos dust plumes."

Lennar’s fines have yet to be determined, but they could reach into millions of dollars. State fines for emitting air contaminants range from $1,000 a day, if the violation wasn’t the result of intentional or negligent conduct, to $75,000 a day, if the conduct was deemed willful and intentional.

But as the air district weighs the evidence, one thing’s for sure: this wasn’t an isolated case of one set of monitors failing or one subcontractor screwing up. This case involves numerous violations and three subcontractors, two of which — Gordon Ball and Luster — are still working next to the MUI (neither company returned our calls).

Records show that once Lennar fired its environmental compliance subcontractor, CH2M Hill, properly installed monitors immediately detected asbestos dust, triggering 15 health-protective shutdowns during the course of the next six months. From these results, is it reasonable to conclude that had Lennar got its monitoring right from the beginning, further shutdowns would have cost Lennar’s construction subcontractors even more truckloads of money, as would have adequate watering of the site, which they didn’t get right for months?

So far, the only explanation for the watering deficiencies has come from Kofi Bonner, president of Lennar Urban for Northern California, who told the Redevelopment Agency, "Given the hilly terrain, it can only be watered enough so as not to create difficult conditions for the workers going up and down the site."

Lennar didn’t finally start to really control its subcontractors until January, when Lennar ordered Gordon Ball and Luster to "replace two site superintendents with new personnel who must demonstrate environmental sensitivity in conducting their work," according to public records.

MIAMI VICE


Headquartered in Miami Beach, Fla., Lennar began in 1954 as a small home builder, but by 1969 it was developing, owning, and managing commercial and residential real estate. Three years later it became a publicly traded company and has been profitable ever since, spinning off new entities.

Lennar Urban is one such venture. Established in 2003 to focus on military-base reuse, Lennar Urban recently produced a glossy brochure in which it proclaimed, "Military base reuse is our business — this is what we do."

Military-base development may be good business — but it isn’t always such a good deal for cities, particularly when communities don’t end up receiving what was promised on the front end.

In November 2006, Lennar announced it wouldn’t build any rental homes in its 1,600-unit development at the Hunters Point Shipyard. The Redevelopment Agency had originally approved a plan for 700 rental units on the 500-acre site, but Lennar said rising construction costs make rentals a losing investment.

Also in November, Arc Ecology economist Eve Bach warned the Board of Supervisors that Lennar’s public-benefits package for Treasure Island could be seriously compromised.

The package includes 1,800 below-market affordable housing units, 300 acres of parks, open space and recreational amenities, thousands of permanent and construction jobs, green building standards, and innovative transportation.

Bach summed up these proposals as "good concepts, uncertain delivery" and noted the discrepancy between Lennar’s stated desire for a 25 percent return and Budget Analyst Harvey Rose’s conservative prediction of an 18.6 percent return.

"Particularly at risk of shortfalls are transit service levels, very-low-income housing, and open-space maintenance," Bach warned.

With community benefits up in the air, high profits expected, and Lennar’s ability to regulate developers uncertain, many community activists question just what San Francisco is getting from the company.

"I can’t say that Lennar is trustworthy, not when they come up with a community benefits package that has no benefit for the community," activist Marie Harrison said. "I’d like to be able to say that the bulk of our community are going to be homeowners, but I resent that Lennar is spoon-feeding that idea to folks in public housing who want a roof over their heads and don’t want to live with mold and mildew but don’t have jobs or good credit or a down payment. I’ve heard seniors say, ‘I can’t even afford to die.’ Lennar is not being realistic, and that hurts my feelings and breaks my heart."

SHOE-IN


The story of Lennar and Muhammed University of Islam underscores the problems with a system that essentially relies on developers to regulate themselves. Bay Area Air Quality Management District records show officials didn’t know monitoring equipment at the site wasn’t working until August 2006, when Lennar discovered and reported the problem.

Lee reported after an Aug. 31, 2006, meeting with CH2M Hill staff, "They were not confident that the air sampling equipment was sampling correctly, due to faulty records and suspect batteries. CH2M Hill staff discovered depleted batteries and could not determine when they drained."

The air district’s air quality program manager, Janet Glasgow, told the Guardian, "The district had never been in this situation before, in which a developer, Lennar, came in and self-reported that they discovered a problem with their monitoring — something the district would never have been able to determine."

Worrisome as Glasgow’s statement is, there’s also the possibility that CH2M Hill’s failures might never have come to light had it not been for the city’s decision to demand another layer of dust controls. As Department of Public Health engineer Amy Brownell said, her inspectors were witnessing trails of dust firsthand, yet CH2M Hill’s monitors kept registering "non-detect" around asbestos.

"Which was suspicious," Brownell told us, "since they were doing massive earthwork."

Saul Bloom, who is executive director for Arc Ecology, a local nonprofit that helps communities plan for base closures and cleanups, told us he recalls "waiting for the first shoe to drop, wondering how there could be no work stoppages when Lennar was digging up a hillside of serpentinite."

The other shoe did drop shortly after the August 2006 meeting. It was black and well polished and attached to the foot of Muhammed, who began questioning whether the dust wasn’t harming his students.

But Muhammed found his questions weren’t easy to answer, given that Lennar had failed to monitor itself and therefore lacked the data that could have proved no harm was done, a scary situation since health problems from asbestos exposure don’t generally manifest themselves until many years later.

Those questions raised others about Lennar and whether it should be trusted to self-regulate.

DÉJÀ VU


In December 2006, Redevelopment Agency Commissioner Francee Covington asked Lennar’s environmental manager, Sheila Roebuck, if the company had any asbestos issues at other projects in the nation. Roebuck replied no, not to her knowledge.

But the Guardian has learned that Lennar already had problems with naturally occurring asbestos in El Dorado. The problems concerned dynamiting in hills that were full of naturally occurring asbestos and resulted in a $350,000 settlement in November 2006. The case involved two El Dorado Hills developers, Angelo K. Tsakopoulos and Larry Gualco, and their earthmoving subcontractor, DeSilva Gates Construction of Dublin.

As part of the terms of the settlement, the county agreed, at the behest of the developers, to make their earthmoving contractor, DeSilva Gates, who provided the dynamite, solely responsible for the settlement. Accused of, but not formally charged with, 47 violations of air- and water-pollution laws is West Valley, a limited liability company composed of Lennar Communities of Roseville, Gualco, and Tsakopoulos’s AKT Investments of Sacramento, with Lennar managing the LLC and AKT acting as the investor.

But as the Sacramento Bee‘s Chris Bowman reported, El Dorado Air Quality Management District head Marcella McTaggart expressed her displeasure directly to Lennar Communities, writing, "We are very disappointed to note that the agreed-upon measures to minimize … dust were completely disregarded by your company."

McTaggart’s words bear an eerie resemblance to Bhatia’s comments about how Lennar’s failure to protect the public heath "hurts trust and credibility."

"Ultimately, I’m very interested in being able to talk to the families and children who believe they have been harmed," Bhatia told us. "I want to help with people’s uncertainties and fears."

LEGAL PROBLEMS


Uncertainty and fear were on display at the Redevelopment Agency’s December 2006 meeting when Muhammed claimed that serpentinite, arsenic, and antimony had been found on his students and staff through "resonance testing."

Lung cancer experts doubt that methodology, telling us the only way to detect serpentinite in bodies is by doing an autopsy.

Following the minister’s claims, a rattled Bonner told the Redevelopment Agency, "Lennar cannot continue to be accused of covering something up or willfully poisoning the community because of profits. Lennar is a national public company, and the accusations and allegations are very serious."

Unfortunately for Lennar and the city, the company’s failures to monitor and control dust have left both entities exposed, since they formed a limited liability company without extensive resources, Lennar BVHP, to conduct the shipyard cleanup.

This exposure became even more evident when Muhammed returned to the Redevelopment Agency Commission in January with 15 MUI students in tow to ask for a temporary shutdown of Lennar’s site until a permanent relocation of the school had been worked out.

"It doesn’t seem proper to have peace discussions while the other side is still shooting," Muhammed said.

His relocation request got Bayview–Hunters Point community activist Espanola Jackson raising more questions: "OK, but where are the other residents going? How can you displace them? Have the residents on Kiska Road been notified? Or on Palou? Nope. You give people dollars to do outreach, but they don’t come to my door. Someone is being paid to not give the truth."

Scott Madison, a member of the Hunters Point Shipyard Citizens Advisory Committee, who’d observed large excavation machines breaking rock but not using water or any other dust controls, said, "I don’t understand how Lennar, who I believe has a sincere interest in doing right, can continue to have a contractor who is out of control."

Bonner explained that Lennar sent notices of default to its subcontractors and hired people from the community to be monitors, plus installed a secondary level of consultants to monitor contractors. But when Redevelopment Agency commissioner London Breed expressed interest in releasing the old contractor and hiring a new one, the agency’s executive director, Marcia Rosen, chimed in.

"Our agreement," Rosen said, "is not with the subcontractor. Our agreement is with Lennar." Her words illustrated the agency’s impotency or unwillingness to crack the whip over Lennar and its subcontractors. But when Lennar Urban vice president Paul Menaker began to explain that its contractors have a 10-day cure period, it was too much for Commissioner Covington.

"We’re way past that," Covington exploded. "We’re not hams!"

EXPLODING HAMS


Perhaps they’re not hams, but the commissioners’ apparent inability to pull the plug on Lennar or its subcontractors leaves observers wondering how best to characterize the relationship between the agency, the city, the community, and Lennar.

Redevelopment Agency commissioners have been appointed either by Mayor Gavin Newsom or his predecessor, the consummate dealmaker Willie Brown. But the incestuous web of political connections goes even further.

Newsom is Speaker of the House Nancy Pelosi’s nephew by marriage. Newsom’s campaign treasurer is another Pelosi nephew, Laurence Pelosi, who used to be vice president of acquisitions for Lennar and now works for Morgan Stanley Real Estate, which holds Lennar stock.

Both Newsom and Laurence Pelosi are connected to lobbyist Darius Anderson, who hosted a fundraiser to pay off Newsom’s campaign debts. Anderson counts Lennar as his client for Treasure Island, Mare Island, the Hunters Point Shipyard, and Candlestick Point, another vast swath of land that Lennar controls.

Brown’s ties to the agency and Lennar run equally deep, thanks in part to Lennar’s Bonner, who was Brown’s former head of economic development and before that worked for the Redevelopment Agency, where he recommended hiring KPMG Peat Marwick to choose between Catellus, Lennar, and Forest City for the Hunters Point project.

KPMG acknowledged all three were capable master developers, but the commission decided to go with the most deep-pocketed entity.

Clearly, Lennar plays both sides of the political fence, a reality that suggests it would be wiser for cities to give elected officials such as the Board of Supervisors, not mayoral appointees, the job of controlling developers.

DAMAGE CONTROL


Under the current system, in which Lennar seems accountable to no one except an apparently toothless Redevelopment Agency, you can’t trust Lennar to answer tough questions once it’s already won your military base.

Asked about asbestos at the Hunters Point Shipyard, Bonner directed the Guardian‘s questions to veteran flack Sam Singer, who also handles PR for Ruby Rippey-Tourk. Singer tried to dodge the issue by cherry-picking quotes, beginning with a Dec. 1, 2006, letter that the city’s health director, Dr. Mitch Katz, sent to Redevelopment’s Rosen.

Katz wrote, "I believe that regulatory mechanisms currently in place for Shipyard Redevelopment are appropriate and adequate to protect the public from potential environmental hazards."

The assessment would seem to be at odds with that of Katz’s environmental health director Bhatia, who has been on the frontline of the asbestos fallout and wrote in a Jan. 25 letter, "The failure to secure timely compliance with the regulations by the developer and the repeated violations has also challenged our credibility as a public health agency able and committed to securing the regulatory compliance necessary to protect public health."

Singer also quoted from a Feb. 20 Arc Ecology report on asbestos and dust control for Parcel A, which stated, "Lennar’s responses have been consistently cooperative." But he failed to include Arc’s criticisms of Lennar, namely that its "subcontractors have consistently undermined its compliance requirements," that it has "not exercised sufficient contractual control over its subcontractors so as to ensure compliance," and that it was "overly slow" in implementing an enhanced community air-monitoring system.

Singer focused instead on Arc’s observation that "there is currently no evidence that asbestos from the grading operation on Parcel A poses an endangerment to human health and the environment."

Lack of evidence is not the same as proof, and while Arc’s Saul Bloom doesn’t believe that "asbestos dust is the issue," he does believe that not moving the school, at least temporarily, leaves Lennar and the city liable.

"They formed a partnership, protective measures didn’t happen, the subcontractors continue to be unreliable, and dust in general continues to be a problem," Bloom told us.

Bloom also recommends the Redevelopment Agency have an independent consultant on-site each day and bar contractors who screw up. "Without these teeth, the Redevelopment Agency’s claims that they have enforcement capabilities are like arguments for the existence of God."

Raymond Tompkins, an associate researcher in the Chemistry Department at San Francisco State University and a member of the Remediation Advisory Board to the Navy who has family in Bayview–Hunters Point, says what’s missing from the city’s relationship with Lennar is accountability, independence, and citizen oversight.

"If you can’t put water on dirt so dust doesn’t come up, you can’t deal with the processes at the rest of the shipyard, which are far more complicated," says Tompkins, who doesn’t want the Navy to walk away and believes an industrial hygienist is needed.

"The cavalier attitude around asbestos dust and Lennar at the shipyard fosters the concerns of the African American community that gentrification is taking place — and that, next stop, they are going to be sacrificed for a stadium." *

The Guardian Iraq War casualty report (3/12/07)

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0

Casualties in Iraq

Iraqi civilians:

31 Iraqi civilians were killed yesterday as a part of the violence targeting Shiite religious pilgrims, according to the San Francisco Chronicle. This week’s toll for Shiite religious pilgrims is 220.

Source

98,000: Killed since 3/03

Source: www.thelancet.com

58,598 – 64,405: Killed since 1/03

For a week by week assessment of significant incidents and trends in Iraqi civilian casualties, go to A Week in Iraq by Lily Hamourtziadou. She is a member of the Iraq Body Count project, which maintains and updates the world’s only independent and comprehensive public database of media-reported civilian deaths in Iraq.

Source: http://www.iraqbodycount.net

A Week in Iraq: Week ending 11 March 2007:
http://www.iraqbodycount.org/editorial/weekiniraq/35/

For first hand accounts of the grave situation in Iraq, visit some of these blogs:
www.ejectiraqikkk.blogspot.com
www.healingiraq.blogspot.com
www.afamilyinbaghdad.blogspot.com

Antiestablishmentarianism attitudes among Iraqi religious groups is fueling intolerance and violence towards homosexuals in Iraq, according to the UN.

Source: http://www.gaypeopleschronicle.com/stories07/february/0202071.htm

U.S. military:

3,421: Killed since the U.S. invasion of Iraq 3/20/03

Source: http://www.icasualties.org/

For the Department of Defense statistics go to: http://www.defenselink.mil/

For a more detailed list of U.S. Military killed in the War in Iraq go to:
http://www.cnn.com/SPECIALS/2003/iraq/forces/casualties/2007.01.html

Iraq Military:

30,000: Killed since 2003

Source:http://www.infoshout.com

Journalists:

151: Killed since 3/03

Source: http://www.infoshout.com/

Refugees:

The Bush administration plans to increase quota of Iraqi refugees allowed into the U.S. from 500 to 7,000 next year in response to the growing refugee crisis, according to the Guardian Unlimited.

Source: http://www.guardian.co.uk/Iraq/Story/0,,2013034,00.html

Border policies are tightening because one million Iraqi refugees have already fled to Jordan and another one million to Syria. Iraqi refugees who manage to make it out of Iraq still can’t work, have difficulty attending school and are not eligible for health care. Many still need to return to Iraq to escape poverty, according to BBC news.

Source: http://news.bbc.co.uk/2/hi/middle_east/6293807.stm

1.6 million: Iraqis displaced internally

1.8 million: Iraqis displaced to neighboring states

Many refugees were displaced prior to 2003, but an increasing number are fleeing now, according to United Nations High Commissioner for Refugees’ estimates.

Source: http://www.unhcr.org/iraq.html

U.S. Military Wounded:

47,657: Wounded since 3/19/03 to 1/6/07

Source: http://www.icasualties.org/

The Guardian cost of Iraq war report (3/12/07): Bush asks congress to approve $622 billion for 2008. So far, $407 billion for the U.S., $51 billion for California and $1 billion for San Francisco.
Compiled by Paula Connelly

Bush asked congress to approve $622 billion for defense spending, most for the wars in Iraq and Afghanistan, in a $2.9 trillion budget request for 2008, according to Reuters.
Source: http://today.reuters.com/

Here is a running total of the cost of the Iraq War to the U.S. taxpayer, provided by the National Priorities Project located in Northampton, Massachusetts. The number is based on Congressional appropriations. Niko Matsakis of Boston, MA and Elias Vlanton of Takoma Park, MD originally created the count in 2003 on costofwar.com. After maintaining it on their own for the first year, they gave it to the National Priorities Project to contribute to their ongoing educational efforts.

To bring the cost of the war home, please note that California has already lost $46 billion and San Francisco has lost $1 billion to the Bush war and his mistakes. In San Francisco alone, the funds used for the war in Iraq could have hired 21,264 additional public school teachers for one year, we could have built 11,048 additional housing units or we could have provided 59,482 students four-year scholarships at public universities. For a further breakdown of the cost of the war to your community, see the NPP website aptly titled “turning data into action.”

SF Port to Vote (and maybe cash in) on the Trans Bay Cable

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0

By JB Powell

Tomorrow could be ‘show me the money’ day for the SF Port Commission. Commissioners there will vote on the Trans Bay Cable, a privately financed, $300 million power cord that would run underwater from Pittsburg. For weeks, staff members from the port as well as various other city agencies have been hammering out the details of a community benefits package with the cable’s developer, Australian financial firm, Babcock and Brown. The Guardian has obtained a staff report with details of the proposed benefits package. Several officials had already told us it was “significant” and they were right. If the deal goes through, the port will reap millions in rent and licensing fees, a needed cash-infusion for the strapped agency. The package also includes hefty sums for waterfront open space and, in perhaps the biggest news for the city, millions of dollars for the SF Public Utilities Commission. The SFPUC plans to use the funds to bankroll sustainable energy projects, including solar, wind, and tidal initiatives.
Why the largesse? Many of the cable’s shore-side facilities would be on port land. That means Babcock and Brown needs port commission approval before the project can move on to the last local regulatory step, the Board of Supervisors. If the cable goes through, it would plug the city’s electrical grid into 400 megawatts of power from plants in and around Pittsburg. But green power advocates claim the “59 mile extension cord” would be a “waste of resources.” Their biggest fear is that bringing all those relatively cheap megawatts into the city from fossil-fuel burning plants across the bay will derail the city’s plans to rely on more eco-friendly energy.
But the California Independent System Operator (Cal-ISO) insists the city needs the cable or it will see blackouts in the future. Cal-ISO is the “public benefit corporation” in charge of the state’s grid. Sources in and around city hall have described the bind local leaders are in: they would rather look to greener power projects to solve the city’s energy needs, but electricity can be the third rail of California politics. Just ask Gray Davis. So, in an attempt to have their megawatts and eat them too, staff from the mayor’s office and several supervisors, as well as the port and SFPUC, pushed hard for the best “benefits package” they could get from the developer. It remains to be seen if the money for renewable energy projects will placate the activist community. Stay tuned to the Guardian for more coverage on the issue in the coming weeks.

SF Port to Vote (and maybe cash in) on the Trans Bay Cable

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1

By JB Powell

Tomorrow could be ‘show me the money’ day for the SF Port Commission. Commissioners there will vote on the Trans Bay Cable, a privately financed, $300 million power cord that would run underwater from Pittsburg. For weeks, staff members from the port as well as various other city agencies have been hammering out the details of a community benefits package with the cable’s developer, Australian financial firm, Babcock and Brown. The Guardian has obtained a staff report with details of the proposed benefits package. Several officials had already told us it was “significant” and they were right. If the deal goes through, the port will reap millions in rent and licensing fees, a needed cash-infusion for the strapped agency. The package also includes hefty sums for waterfront open space and, in perhaps the biggest news for the city, millions of dollars for the SF Public Utilities Commission. The SFPUC plans to use the funds to bankroll sustainable energy projects, including solar, wind, and tidal initiatives.
Why the largesse? Many of the cable’s shore-side facilities would be on port land. That means Babcock and Brown needs port commission approval before the project can move on to the last local regulatory step, the Board of Supervisors. If the cable goes through, it would plug the city’s electrical grid into 400 megawatts of power from plants in and around Pittsburg. But green power advocates claim the “59 mile extension cord” would be a “waste of resources.” Their biggest fear is that bringing all those relatively cheap megawatts into the city from fossil-fuel burning plants across the bay will derail the city’s plans to rely on more eco-friendly energy.
But the California Independent System Operator (Cal-ISO) insists the city needs the cable or it will see blackouts in the future. Cal-ISO is the “public benefit corporation” in charge of the state’s grid. Sources in and around city hall have described the bind local leaders are in: they would rather look to greener power projects to solve the city’s energy needs, but electricity can be the third rail of California politics. Just ask Gray Davis. So, in an attempt to have their megawatts and eat them too, staff from the mayor’s office and several supervisors, as well as the port and SFPUC, pushed hard for the best “benefits package” they could get from the developer. It remains to be seen if the money for renewable energy projects will placate the activist community. Stay tuned to the Guardian for more coverage on the issue in the coming weeks.

The Guardian Iraq War casualty report (3/7/07)

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0

Casualties in Iraq

Iraqi civilians:

70 Iraqi civilians were killed today in the second day of violence targeting Shiite religious pilgrims, according to the New York Times

Source

98,000: Killed since 3/03

Source: www.thelancet.com

58,022 – 63,800: Killed since 1/03

For a week by week assessment of significant incidents and trends in Iraqi civilian casualties, go to A Week in Iraq by Lily Hamourtziadou. She is a member of the Iraq Body Count project, which maintains and updates the world’s only independent and comprehensive public database of media-reported civilian deaths in Iraq.

Source: http://www.iraqbodycount.net

A Week in Iraq: Week ending 4 March 2007:
http://www.iraqbodycount.org/editorial/weekiniraq/32/

For first hand accounts of the grave situation in Iraq, visit some of these blogs:
www.ejectiraqikkk.blogspot.com
www.healingiraq.blogspot.com
www.afamilyinbaghdad.blogspot.com

Antiestablishmentarianism attitudes among Iraqi religious groups is fueling intolerance and violence towards homosexuals in Iraq, according to the UN.

Source: http://www.gaypeopleschronicle.com/stories07/february/0202071.htm

U.S. military:

3,414: Killed since the U.S. invasion of Iraq 3/20/03

Source: http://www.icasualties.org/

For the Department of Defense statistics go to: http://www.defenselink.mil/

For a more detailed list of U.S. Military killed in the War in Iraq go to:
http://www.cnn.com/SPECIALS/2003/iraq/forces/casualties/2007.01.html

Iraq Military:

30,000: Killed since 2003

Source:http://www.infoshout.com

Journalists:

151: Killed since 3/03

Source: http://www.infoshout.com/

Refugees:

The Bush administration plans to increase quota of Iraqi refugees allowed into the U.S. from 500 to 7,000 next year in response to the growing refugee crisis, according to the Guardian Unlimited.

Source: http://www.guardian.co.uk/Iraq/Story/0,,2013034,00.html

Border policies are tightening because one million Iraqi refugees have already fled to Jordan and another one million to Syria. Iraqi refugees who manage to make it out of Iraq still can’t work, have difficulty attending school and are not eligible for health care. Many still need to return to Iraq to escape poverty, according to BBC news.

Source: http://news.bbc.co.uk/2/hi/middle_east/6293807.stm

1.6 million: Iraqis displaced internally

1.8 million: Iraqis displaced to neighboring states

Many refugees were displaced prior to 2003, but an increasing number are fleeing now, according to United Nations High Commissioner for Refugees’ estimates.

Source: http://www.unhcr.org/iraq.html

U.S. Military Wounded:

47,657: Wounded since 3/19/03 to 1/6/07

Source: http://www.icasualties.org/

The Guardian cost of Iraq war report (3/7/07): Bush asks congress to approve $622 billion for 2008. So far, $406 billion for the U.S., $51 billion for California and $1 billion for San Francisco.
Compiled by Paula Connelly

Bush asked congress to approve $622 billion for defense spending, most for the wars in Iraq and Afghanistan, in a $2.9 trillion budget request for 2008, according to Reuters.
Source: http://today.reuters.com/

Here is a running total of the cost of the Iraq War to the U.S. taxpayer, provided by the National Priorities Project located in Northampton, Massachusetts. The number is based on Congressional appropriations. Niko Matsakis of Boston, MA and Elias Vlanton of Takoma Park, MD originally created the count in 2003 on costofwar.com. After maintaining it on their own for the first year, they gave it to the National Priorities Project to contribute to their ongoing educational efforts.

To bring the cost of the war home, please note that California has already lost $46 billion and San Francisco has lost $1 billion to the Bush war and his mistakes. In San Francisco alone, the funds used for the war in Iraq could have hired 21,264 additional public school teachers for one year, we could have built 11,048 additional housing units or we could have provided 59,482 students four-year scholarships at public universities. For a further breakdown of the cost of the war to your community, see the NPP website aptly titled “turning data into action.”

The Guardian Iraq War casualty report (3/6/07)

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0


Casualties in Iraq

Iraqi civilians:

Over 100 Iraqi civilians were killed today in bombing attacks that targeted Shiite pilgrims heading to Karbala for a religious celebration, according to the New York Times.

98,000: Killed since 3/03

Source: www.thelancet.com

57,805 – 63,573: Killed since 1/03

For a week by week assessment of significant incidents and trends in Iraqi civilian casualties, go to A Week in Iraq by Lily Hamourtziadou. She is a member of the Iraq Body Count project, which maintains and updates the world’s only independent and comprehensive public database of media-reported civilian deaths in Iraq.

Source: http://www.iraqbodycount.net

A Week in Iraq: Week ending 4 March 2007:
http://www.iraqbodycount.org/editorial/weekiniraq/32/

For first hand accounts of the grave situation in Iraq, visit some of these blogs:
www.ejectiraqikkk.blogspot.com
www.healingiraq.blogspot.com
www.afamilyinbaghdad.blogspot.com

Antiestablishmentarianism attitudes among Iraqi religious groups is fueling intolerance and violence towards homosexuals in Iraq, according to the UN.

Source: http://www.gaypeopleschronicle.com/stories07/february/0202071.htm

U.S. military:

3,411: Killed since the U.S. invasion of Iraq 3/20/03

Source: http://www.icasualties.org/

For the Department of Defense statistics go to: http://www.defenselink.mil/

For a more detailed list of U.S. Military killed in the War in Iraq go to:
http://www.cnn.com/SPECIALS/2003/iraq/forces/casualties/2007.01.html

Iraq Military:

30,000: Killed since 2003

Source:http://www.infoshout.com

Journalists:

151: Killed since 3/03

Source: http://www.infoshout.com/

Refugees:

The Bush administration plans to increase quota of Iraqi refugees allowed into the U.S. from 500 to 7,000 next year in response to the growing refugee crisis, according to the Guardian Unlimited.

Source: http://www.guardian.co.uk/Iraq/Story/0,,2013034,00.html

Border policies are tightening because one million Iraqi refugees have already fled to Jordan and another one million to Syria. Iraqi refugees who manage to make it out of Iraq still can’t work, have difficulty attending school and are not eligible for health care. Many still need to return to Iraq to escape poverty, according to BBC news.

Source: http://news.bbc.co.uk/2/hi/middle_east/6293807.stm

1.6 million: Iraqis displaced internally

1.8 million: Iraqis displaced to neighboring states

Many refugees were displaced prior to 2003, but an increasing number are fleeing now, according to United Nations High Commissioner for Refugees’ estimates.

Source: http://www.unhcr.org/iraq.html

U.S. Military Wounded:

47,657: Wounded since 3/19/03 to 1/6/07

Source: http://www.icasualties.org/

The Guardian cost of Iraq war report (3/6/07): Bush asks congress to approve $622 billion for 2008. So far, $405 billion for the U.S., $51 billion for California and $1 billion for San Francisco.
Compiled by Paula Connelly

Bush asked congress to approve $622 billion for defense spending, most for the wars in Iraq and Afghanistan, in a $2.9 trillion budget request for 2008, according to Reuters.
Source: http://today.reuters.com/

Here is a running total of the cost of the Iraq War to the U.S. taxpayer, provided by the National Priorities Project located in Northampton, Massachusetts. The number is based on Congressional appropriations. Niko Matsakis of Boston, MA and Elias Vlanton of Takoma Park, MD originally created the count in 2003 on costofwar.com. After maintaining it on their own for the first year, they gave it to the National Priorities Project to contribute to their ongoing educational efforts.

To bring the cost of the war home, please note that California has already lost $46 billion and San Francisco has lost $1 billion to the Bush war and his mistakes. In San Francisco alone, the funds used for the war in Iraq could have hired 21,264 additional public school teachers for one year, we could have built 11,048 additional housing units or we could have provided 59,482 students four-year scholarships at public universities. For a further breakdown of the cost of the war to your community, see the NPP website aptly titled “turning data into action.”

James Madison Freedom of Information Award Winners

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0

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

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


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

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

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

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

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

Beverly Kees Educator Award

ROBERT OVETZ


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

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

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

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

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

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

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

Citizen

RYAN MCKEE


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

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


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

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

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

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


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

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

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

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

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

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

MEERA PAL, CONTRA COSTA TIMES


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

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

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

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

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

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


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

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

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

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

Legal counsel

DAVID GREENE


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

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

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

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

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

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

News media

SAN JOSE MERCURY NEWS


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

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

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

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

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

SAN MATEO COUNTY TIMES


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

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

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

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

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

Online free speech

JOSH WOLF


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

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

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

Public official

JOHN SARSFIELD


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

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

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

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

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SARAH OLSON


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

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

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

Student journalist

STAFF OF THE LOWELL


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

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

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

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

Whistleblower

MARK KLEIN


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

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

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

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

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

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

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

James Madison Freedom of Information Award Winners

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

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


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

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

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

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

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

Beverly Kees Educator Award

ROBERT OVETZ


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

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

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

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

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

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

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

Citizen

RYAN MCKEE


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

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


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

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

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

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


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

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

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

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

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

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

MEERA PAL, CONTRA COSTA TIMES


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

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

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

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

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

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


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

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

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

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

Legal counsel

DAVID GREENE


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

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

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

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

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

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

News media

SAN JOSE MERCURY NEWS


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

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

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

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

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

SAN MATEO COUNTY TIMES


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

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

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

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

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

Online free speech

JOSH WOLF


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

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

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

Public official

JOHN SARSFIELD


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

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

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

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

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SARAH OLSON


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

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

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

Student journalist

STAFF OF THE LOWELL


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

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

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

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

Whistleblower

MARK KLEIN


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

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

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

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

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

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

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

The Guardian Iraq War casualty report (3/5/07)

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20 Iraqi civilians killed when a car bomb exploded in a historical book market in Baghdad today, according to the New York Times.

98,000: Killed since 3/03

Source: www.thelancet.com

57,805 – 63,573: Killed since 1/03

For a week by week assessment of significant incidents and trends in Iraqi civilian casualties, go to A Week in Iraq by Lily Hamourtziadou. She is a member of the Iraq Body Count project, which maintains and updates the world’s only independent and comprehensive public database of media-reported civilian deaths in Iraq.

Source: http://www.iraqbodycount.net

A Week in Iraq: Week ending 4 March 2007:
http://www.iraqbodycount.org/editorial/weekiniraq/32/

For first hand accounts of the grave situation in Iraq, visit some of these blogs:
www.ejectiraqikkk.blogspot.com
www.healingiraq.blogspot.com
www.afamilyinbaghdad.blogspot.com

Antiestablishmentarianism attitudes among Iraqi religious groups is fueling intolerance and violence towards homosexuals in Iraq, according to the UN.

Source: http://www.gaypeopleschronicle.com/stories07/february/0202071.htm

U.S. military:

3,401: Killed since the U.S. invasion of Iraq 3/20/03

Source: http://www.icasualties.org/

For the Department of Defense statistics go to: http://www.defenselink.mil/

For a more detailed list of U.S. Military killed in the War in Iraq go to:
http://www.cnn.com/SPECIALS/2003/iraq/forces/casualties/2007.01.html

Iraq Military:

30,000: Killed since 2003

Source:http://www.infoshout.com

Journalists:

151: Killed since 3/03

Source: http://www.infoshout.com/

Refugees:

The Bush administration plans to increase quota of Iraqi refugees allowed into the U.S. from 500 to 7,000 next year in response to the growing refugee crisis, according to the Guardian Unlimited.

Source: http://www.guardian.co.uk/Iraq/Story/0,,2013034,00.html

Border policies are tightening because one million Iraqi refugees have already fled to Jordan and another one million to Syria. Iraqi refugees who manage to make it out of Iraq still can’t work, have difficulty attending school and are not eligible for health care. Many still need to return to Iraq to escape poverty, according to BBC news.

Source: http://news.bbc.co.uk/2/hi/middle_east/6293807.stm

1.6 million: Iraqis displaced internally

1.8 million: Iraqis displaced to neighboring states

Many refugees were displaced prior to 2003, but an increasing number are fleeing now, according to United Nations High Commissioner for Refugees’ estimates.

Source: http://www.unhcr.org/iraq.html

U.S. Military Wounded:

47,657: Wounded since 3/19/03 to 1/6/07

Source: http://www.icasualties.org/

The Guardian cost of Iraq war report (3/5/07): Bush asks congress to approve $622 billion for 2008. So far, $405 billion for the U.S., $51 billion for California and $1 billion for San Francisco.
Compiled by Paula Connelly

Bush asked congress to approve $622 billion for defense spending, most for the wars in Iraq and Afghanistan, in a $2.9 trillion budget request for 2008, according to Reuters.
Source: http://today.reuters.com/

Here is a running total of the cost of the Iraq War to the U.S. taxpayer, provided by the National Priorities Project located in Northampton, Massachusetts. The number is based on Congressional appropriations. Niko Matsakis of Boston, MA and Elias Vlanton of Takoma Park, MD originally created the count in 2003 on costofwar.com. After maintaining it on their own for the first year, they gave it to the National Priorities Project to contribute to their ongoing educational efforts.

To bring the cost of the war home, please note that California has already lost $46 billion and San Francisco has lost $1 billion to the Bush war and his mistakes. In San Francisco alone, the funds used for the war in Iraq could have hired 21,264 additional public school teachers for one year, we could have built 11,048 additional housing units or we could have provided 59,482 students four-year scholarships at public universities. For a further breakdown of the cost of the war to your community, see the NPP website aptly titled “turning data into action.”

The Guardian Iraq War casualty report (2/27/07)

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Casualties in Iraq

Iraqi civilians:

8 Iraqi civilians killed today in the bombing of a commercial street. Iraq’s Interior Ministry reported 18 young boys killed in the car bombing of a soccer field today despite contradictory reports from the U.S. military, according to CNN.

Source: http://www.cnn.com/2007/WORLD/meast/02/27/iraq.main/index.html

98,000: Killed since 3/03

Source: www.thelancet.com

57,232 – 62,985: Killed since 1/03

For a week by week assessment of significant incidents and trends in Iraqi civilian casualties, go to A Week in Iraq by Lily Hamourtziadou. She is a member of the Iraq Body Count project, which maintains and updates the world’s only independent and comprehensive public database of media-reported civilian deaths in Iraq.

Source: http://www.iraqbodycount.net

A Week in Iraq: Week ending 25 February 2007:
http://www.iraqbodycount.org/editorial/weekiniraq/32/

For first hand accounts of the grave situation in Iraq, visit some of these blogs:
www.ejectiraqikkk.blogspot.com
www.healingiraq.blogspot.com
www.afamilyinbaghdad.blogspot.com

Antiestablishmentarianism attitudes among Iraqi religious groups is fueling intolerance and violence towards homosexuals in Iraq, according to the UN.

Source: http://www.gaypeopleschronicle.com/stories07/february/0202071.htm

U.S. military helicopters are being targeted by insurgents, according to the New York Times.

Source: http://www.nytimes.com/2007/02/12/world/middleeast/12copters.html

The U.S. military said most recent of the seven helicopters shot down since January 20th was brought down by a sophisticated piece of weaponry, according to Reuters.

Source: http://ca.today.reuters.com/

U.S. military:

3,385: Killed since the U.S. invasion of Iraq 3/20/03

Source: http://www.icasualties.org/

For the Department of Defense statistics go to: http://www.defenselink.mil/

For a more detailed list of U.S. Military killed in the War in Iraq go to:
http://www.cnn.com/SPECIALS/2003/iraq/forces/casualties/2007.01.html

Iraq Military:

30,000: Killed since 2003

Source:http://www.infoshout.com

Journalists:

151: Killed since 3/03

Source: http://www.infoshout.com/

Refugees:

The Bush administration plans to increase quota of Iraqi refugees allowed into the U.S. from 500 to 7,000 next year in response to the growing refugee crisis, according to the Guardian Unlimited.

Source: http://www.guardian.co.uk/Iraq/Story/0,,2013034,00.html

Border policies are tightening because one million Iraqi refugees have already fled to Jordan and another one million to Syria. Iraqi refugees who manage to make it out of Iraq still can’t work, have difficulty attending school and are not eligible for health care. Many still need to return to Iraq to escape poverty, according to BBC news.

Source: http://news.bbc.co.uk/2/hi/middle_east/6293807.stm

1.6 million: Iraqis displaced internally

1.8 million: Iraqis displaced to neighboring states

Many refugees were displaced prior to 2003, but an increasing number are fleeing now, according to United Nations High Commissioner for Refugees’ estimates.

Source: http://www.unhcr.org/iraq.html

U.S. Military Wounded:

47,657: Wounded since 3/19/03 to 1/6/07

Source: http://www.icasualties.org/


The Guardian cost of Iraq war report (2/27/07): Bush asks congress to approve $622 billion for 2008. So far, $369 billion for the U.S., $46 billion for California and $1 billion for San Francisco.
Compiled by Paula Connelly

Bush asked congress to approve $622 billion for defense spending, most for the wars in Iraq and Afghanistan, in a $2.9 trillion budget request for 2008, according to Reuters.
Source: http://today.reuters.com/

Here is a running total of the cost of the Iraq War to the U.S. taxpayer, provided by the National Priorities Project located in Northampton, Massachusetts. The number is based on Congressional appropriations. Niko Matsakis of Boston, MA and Elias Vlanton of Takoma Park, MD originally created the count in 2003 on costofwar.com. After maintaining it on their own for the first year, they gave it to the National Priorities Project to contribute to their ongoing educational efforts.

To bring the cost of the war home, please note that California has already lost $46 billion and San Francisco has lost $1 billion to the Bush war and his mistakes. In San Francisco alone, the funds used for the war in Iraq could have hired 21,264 additional public school teachers for one year, we could have built 11,048 additional housing units or we could have provided 59,482 students four-year scholarships at public universities. For a further breakdown of the cost of the war to your community, see the NPP website aptly titled “turning data into action.”

Steeped in controversy

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› a&eletters@sfbg.com

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

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

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

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

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

CONFLICT BREWS


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

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

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

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

BONES ABOUT BAGS


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

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

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

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

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

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

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

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

THE ETHICS OF ORGANICS


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

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

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

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

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

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

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

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

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

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

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

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

TEANCE

1780 Fourth St., Berk.

(510) 524-2832

www.teance.com

FAR LEAVES TEA

2979 College, Berk.

(510) 665-9409

www.farleaves.com

IMPERIAL TEA COURT

1511 Shattuck, Berk.

(510) 540-8888

1411 Powell, SF

(415) 788-6080

1 Ferry Bldg., SF

(415) 544-9830.

www.imperialtea.com

MODERN TEA

602 Hayes, SF

(415) 626-5406

www.moderntea.com

SAMOVAR

498 Sanchez, SF

(415) 626-4700

730 Howard, SF

(415) 227-9400

www.samovartea.com

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Noisepop cracks up: trading jibes with Patton Oswalt

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Our little bundle of noise is almost all grown up. Damning the brooding tradition of adolescence, Noise Pop has learned to laugh at itself — and anything that involves swigging beer and heckling Patton Oswalt without a two-drink minimum sounds like pure fucking genius to me. I recently spoke to Oswalt on the phone from Burbank. After soaking in enough indie to keep you cloaked in scene points until next year, you may want to check out his act alongside fellow comedians Brian Posehn and Marian Bamford. (K. Tighe)

SFBG You’ve been gigging at indie rock venues for a while — and now you are getting booked at festivals such as Noise Pop and Coachella. A lot of bands must be pissed off at you.

PATTON OSWALT Getting invited to these things is really flattering, but my rider’s still simple. As long as there is old scotch, I’m fine.

SFBG Have you ever been to the Noise Pop festival?

PO No, but I’m really excited. I’ve only ever listened to Genesis, so I’m hoping to discover new stuff.

SFBG You used to live in San Francisco. Are there any old haunts you still frequent when you play here?

PO I have about 10 old haunts. They are all Starbucks now.

SFBG El Farolito or Cancun?

PO La Cumbre all the way. They are mighty, mighty, mighty, and they’ve never fallen.

SFBG Your San Francisco act is always incredibly liberal — how much do you need to alter your political material from city to city?

PO I don’t have a tailored act. I trust the audiences to rise to the occasion. There are more and more pockets of resistance everywhere. Besides, the things I say aren’t all that outrageous compared to what is actually going on.

SFBG Any early thoughts on the 2008 presidential race?

PO I’m saying it now: the Democratic ticket will be Mickey Rourke and the original lineup of Journey.

COMEDIANS OF COMEDY

Sun/4, 5:30 and 8:30 p.m., $24

Independent

628 Divisadero, SF

(415) 771-1421

MORE NOISE POP PICKS

FEB. 28

DAMIEN JURADO


At a recent gig in Seattle, Damien Jurado recounted an interview with a French journalist who had asked him if folk music was the new grunge. The singer-songwriter dismissed the question, but it was clear he was as comfortable cracking wise as he is creating the bleak portraits and doleful characters that inhabit his songs. Jurado’s latest release is not new but a reissue of Gathered in Song (Made in Mexico), which was originally put to tape in 1999 by friend and fellow plaintive songwriter David Bazan. Three months older though still freshly minted is And Now That I’m in Your Shadow (Secretly Canadian), a milestone recording with Jurado’s first permanent band, including cellist Jenna Conrad and percussionist-guitarist Eric Fisher. Here the trio essays the same lyrical and windswept landscapes that dominate Jurado’s discography, though gone are the upbeat pop numbers that have peppered past albums. The result is at once tender and forlorn. John Vanderslice headlines; the Submarines and Black Fiction also perform. (Nathan Baker)

8 p.m. Independent, 628 Divisadero, SF. $14. (415) 771-1421

MARCH 1

TRAINWRECK RIDERS


Despite critical acclaim for their latest album, Lonely Road Revival (Alive), Trainwreck Riders remain as down-home as their sound. Proof the San Francisco boys haven’t gone Hollywood yet: vocalist Andrew Kerwin still works at Amoeba in the city, and the band recently got arrested and Tasered by Houston police at a show with former labelmates Two Gallants. Songs such as "In and Out of Love" combine roots rock, punk, and country that sound familiar, retro, and refreshing all at once. The harmonica in "Christmas Time Blues" makes me want to flee to my favorite dive bar to sulk, even on a good day. (Elaine Santore)

9 p.m. Rickshaw Stop, 155 Fell, SF. $12. (415) 861-2011

MARCH 2

DAVID DONDERO


If ever there were a diamond in the indie rock rough, it is David Dondero. National Public Radio named him one of the 10 best living songwriters, but he still tours in his truck and has probably served you pints at Casanova. Nick Drake may have lamented that "fame is but a fruit tree," but he checked out long before his notoriety took root and grew. Dondero, on the other hand, has worked for years in relative obscurity. His latest effort, South of the South (Team Love), was bankrolled by Conor Oberst, an overdue invitation to the feast from a man who freely admits to copping Dondero’s style. Jolie Holland headlines; St. Vincent opens. (Baker)

9 p.m. Fillmore, 1805 Geary, SF. $20. (415) 346-6000

TED LEO AND THE PHARMACISTS


Naming your band is one of the early hurdles for any would-be rock star. Ted Leo and his mates had a stroke of genius the day they alighted on the Pharmacists, arguably trumping even the Beatles for best tongue-in-cheek rock ‘n’ roll pun. Not that ingenuity is lacking in this outfit, which packs as much fevered punk energy into a four-minute tune as a mitochondrion does into a cell. For those who slept through freshman biology, that’s the part of a cell that, among other things, processes adrenaline. And anyone who has ever attended a Leo show is all too familiar with this chemical. (Baker)

8 p.m. Great American Music Hall, 859 O’Farrell, SF. $18. (415) 885-0750

MARCH 4

CAKE


The genre-bending Sacramento band known for funky arrangements, monotone vocals, droll lyrics, and a whole set of cabaret, country, and soul cover songs (including Gloria Gaynor’s "I Will Survive" and Black Sabbath’s "War Pigs") finishes Noise Pop with characteristic verve and vibraslap. This indie-turned-mainstream-turned-indie quartet has gotten increasingly political in recent years — check out the band’s Web site (www.cakemusic.com) if you want to see what I mean — so expect some social commentary with your catchy ditties. It’s also worth showing up for the textured pop sound and cheeky lyrics of opening band the Boticcellis; Money Mark and Scrabbel also perform. (Molly Freedenberg)

7:30 p.m. Bimbo’s 365 Club, 1025 Columbus, SF. $25. (415) 474-0365

>

Guardian Casualty Report (02-22-07)

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Casualties in Iraq

Iraqi civilians:

26 civilians killed when U.S. troops battled Iraqi insurgents, according to the New York Times.

Source: http://www.nytimes.com/aponline/world/AP-Iraq.html?_r=1&oref=slogin

3 civilians killed in second chlorine bomb attack in two days feeding concerns that insurgents are developing new methods of attack, according to Reuters.

98,000: Killed since 3/03

Source: www.thelancet.com

56,880 – 62,613: Killed since 1/03

For a week by week assessment of significant incidents and trends in Iraqi civilian casualties, go to A Week in Iraq by Lily Hamourtziadou. She is a member of the Iraq Body Count project, which maintains and updates the world’s only independent and comprehensive public database of media-reported civilian deaths in Iraq.

Source: http://www.iraqbodycount.net

A Week in Iraq: Week ending 11 February 2007:
http://www.iraqbodycount.org/editorial/weekiniraq/30/

For first hand accounts of the grave situation in Iraq, visit some of these blogs:
www.ejectiraqikkk.blogspot.com
www.healingiraq.blogspot.com
www.afamilyinbaghdad.blogspot.com

Antiestablishmentarianism attitudes among Iraqi religious groups is fueling intolerance and violence towards homosexuals in Iraq, according to the UN.

Source: http://www.gaypeopleschronicle.com/stories07/february/0202071.htm
U.S. military helicopters are being targeted by insurgents, according to the New York Times.

Source: http://www.nytimes.com/2007/02/12/world/middleeast/12copters.html

The U.S. military said most recent of the seven helicopters shot down since January 20th was brought down by a sophisticated piece of weaponry, according to Reuters.

U.S. military:

3,375: Killed since the U.S. invasion of Iraq 3/20/03

Source: http://www.icasualties.org/

For the Department of Defense statistics go to: http://www.defenselink.mil/

For a more detailed list of U.S. Military killed in the War in Iraq go to:
http://www.cnn.com/SPECIALS/2003/iraq/forces/casualties/2007.01.html

Iraq Military:

30,000: Killed since 2003

Source:http://www.infoshout.com

Journalists:

151: Killed since 3/03

Source: http://www.infoshout.com/

Refugees:

The Bush administration plans to increase quota of Iraqi refugees allowed into the U.S. from 500 to 7,000 next year in response to the growing refugee crisis, according to the Guardian Unlimited.

Source: http://www.guardian.co.uk/Iraq/Story/0,,2013034,00.html

Border policies are tightening because one million Iraqi refugees have already fled to Jordan and another one million to Syria. Iraqi refugees who manage to make it out of Iraq still can’t work, have difficulty attending school and are not eligible for health care. Many still need to return to Iraq to escape poverty, according to BBC news.

Source: http://news.bbc.co.uk/2/hi/middle_east/6293807.stm

1.6 million: Iraqis displaced internally

1.8 million: Iraqis displaced to neighboring states

Many refugees were displaced prior to 2003, but an increasing number are fleeing now, according to United Nations High Commissioner for Refugees’ estimates.

Source: http://www.unhcr.org/iraq.html

U.S. Military Wounded:

47,657: Wounded since 3/19/03 to 1/6/07

Source: http://www.icasualties.org/

The Guardian cost of Iraq war report (2/14/07): Bush asks congress to approve $622 billion for 2008. So far, $368 billion for the U.S., $46 billion for California and $1 billion for San Francisco.
Compiled by Paula Connelly

Bush asked congress to approve $622 billion for defense spending, most for the wars in Iraq and Afghanistan, in a $2.9 trillion budget request for 2008, according to Reuters.

Here is a running total of the cost of the Iraq War to the U.S. taxpayer, provided by the National Priorities Project located in Northampton, Massachusetts. The number is based on Congressional appropriations. Niko Matsakis of Boston, MA and Elias Vlanton of Takoma Park, MD originally created the count in 2003 on costofwar.com. After maintaining it on their own for the first year, they gave it to the National Priorities Project to contribute to their ongoing educational efforts.

To bring the cost of the war home, please note that California has already lost $46 billion and San Francisco has lost $1 billion to the Bush war and his mistakes. In San Francisco alone, the funds used for the war in Iraq could have hired 21,264 additional public school teachers for one year, we could have built 11,048 additional housing units or we could have provided 59,482 students four-year scholarships at public universities. For a further breakdown of the cost of the war to your community, see the NPP website aptly titled “turning data into action.”

The Guardian Casualty Report (2-20-07)

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0

Casualties in Iraq

Iraqi civilians:

Saturday: 11 killed in double bombing on an Iraqi street, according to the Associated Press.
Source: http://www.chron.com/disp/story.mpl/ap/world/4561621.html

Sunday : 63 killed in three separate bombings of Iraqi open-air market, according to the Associated Press.
Source : http://www.chron.com/disp/story.mpl/ap/world/4563491.html

Today: At least 16 killed today and over 100 Iraqi civilians killed since Sunday. 7 mourners killed at funeral by a suicide bomber. 9 killed when a roadside bomb blew up a chlorine gas tanker, according to the New York Times.

Source: http://www.nytimes.com/aponline/world/AP-Iraq.html

98,000: Killed since 3/03

Source: www.thelancet.com

56,640 – 62,362: Killed since 1/03

For a week by week assessment of significant incidents and trends in Iraqi civilian casualties, go to A Week in Iraq by Lily Hamourtziadou. She is a member of the Iraq Body Count project, which maintains and updates the world’s only independent and comprehensive public database of media-reported civilian deaths in Iraq.

Source: http://www.iraqbodycount.net

A Week in Iraq: Week ending 18 February 2007:
http://www.iraqbodycount.org/editorial/weekiniraq/31/

For first hand accounts of the grave situation in Iraq, visit some of these blogs:
www.ejectiraqikkk.blogspot.com
www.healingiraq.blogspot.com
www.afamilyinbaghdad.blogspot.com

Antiestablishmentarianism attitudes among Iraqi religious groups is fueling intolerance and violence towards homosexuals in Iraq, according to the UN.

Source: http://www.gaypeopleschronicle.com/stories07/february/0202071.htm

U.S. military:

President’s Day : 2 U.S. Soldiers killed in an ambush on military outpost in Iraq, according to the New York Times.

Source : http://www.nytimes.com/2007/02/20/world/middleeast/20iraq.html?ref=middleeast

3,371: Killed since the U.S. invasion of Iraq 3/20/03

Source: http://www.icasualties.org/

For the Department of Defense statistics go to: http://www.defenselink.mil/

For a more detailed list of U.S. Military killed in the War in Iraq go to:
http://www.cnn.com/SPECIALS/2003/iraq/forces/casualties/2007.01.html

Iraq Military:

30,000: Killed since 2003

Source:http://www.infoshout.com

Journalists:

151: Killed since 3/03

Source: http://www.infoshout.com/

Refugees:

The Bush administration plans to increase quota of Iraqi refugees allowed into the U.S. from 500 to 7,000 next year in response to the growing refugee crisis, according to the Guardian Unlimited.

Source: http://www.guardian.co.uk/Iraq/Story/0,,2013034,00.html

Border policies are tightening because one million Iraqi refugees have already fled to Jordan and another one million to Syria. Iraqi refugees who manage to make it out of Iraq still can’t work, have difficulty attending school and are not eligible for health care. Many still need to return to Iraq to escape poverty, according to BBC news.

Source: http://news.bbc.co.uk/2/hi/middle_east/6293807.stm

1.6 million: Iraqis displaced internally

1.8 million: Iraqis displaced to neighboring states

Many refugees were displaced prior to 2003, but an increasing number are fleeing now, according to United Nations High Commissioner for Refugees’ estimates.

Source: http://www.unhcr.org/iraq.html

U.S. Military Wounded:

47,657: Wounded since 3/19/03 to 1/6/07

Source: http://www.icasualties.org/

The Guardian cost of Iraq war report (2/20/07): Bush asks congress to approve $622 billion for 2008. So far, $367 billion for the U.S., $46 billion for California and $1 billion for San Francisco.
Compiled by Paula Connelly

Bush asked congress to approve $622 billion for defense spending, most for the wars in Iraq and Afghanistan, in a $2.9 trillion budget request for 2008, according to Reuters.
Source

Here is a running total of the cost of the Iraq War to the U.S. taxpayer, provided by the National Priorities Project located in Northampton, Massachusetts. The number is based on Congressional appropriations. Niko Matsakis of Boston, MA and Elias Vlanton of Takoma Park, MD originally created the count in 2003 on costofwar.com. After maintaining it on their own for the first year, they gave it to the National Priorities Project to contribute to their ongoing educational efforts.

To bring the cost of the war home, please note that California has already lost $46 billion and San Francisco has lost $1 billion to the Bush war and his mistakes. In San Francisco alone, the funds used for the war in Iraq could have hired 21,264 additional public school teachers for one year, we could have built 11,048 additional housing units or we could have provided 59,482 students four-year scholarships at public universities. For a further breakdown of the cost of the war to your community, see the NPP website aptly titled “turning data into action.”

Noise Pop: Revisiting the Clinic

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Liking a band for more than three albums is getting harder these days, as many fall apart by that point. Even when groups do make it, most stop being musically interesting or otherwise start sucking. Clinic almost did that: Their third album, Winchester Cathedral (Domino, 2004), wasn’t bad but didn’t find the band progressing. Their distorted Farfisa started to sound routine and cliché; their trance-inducing rhythms begat yawning.

Clinic’s recently released full-length, Visitations (Domino), finds the Liverpool quartet back in form. All the elements that make Clinic’s unique sound are still there — the organ and the beat, fuzzed-out guitar, dubbish bass — but they sound just a bit better this time around. "Family" starts the album on a vaguely major note, a krauty stomp with a snaky blues riff that devolves all over the song. The album ends quietly and morosely with the title track, hushed strumming, hand drums, and melancholy keyboard building into a sinister waltz over broken glass. In between, the band’s economical songwriting creates an overwhelming sense of eeriness within the confines of three-minute pop songs. When they really hit their stride, on "Gideon," for instance, they create a palpable feeling of dread that almost manifests physically by the track’s end. Even on less heavy tunes such as the garagey "Tusk" and the vaguely funky "Animal/Human," Ade Blackburn’s taut and desperate vocals make sure nothing goes down too easy.

For a band to make it past number three is hard enough. For a band to pull itself out of a rut and create a stunning fourth album is outstanding. I don’t know if they’re still wearing surgical gowns onstage, but they needn’t bother with the gimmick when they perform as part of Noise Pop. (Gene Bae)

CLINIC

With Earlimart, Sea Wolf, and the Mumlers

March 3, 9 p.m., $17

Independent

628 Divisadero, SF

(415) 771-1421

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Noise, pop — two great tastes in one!

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FEB. 27

TAPES ‘N TAPES, HAR MAR SUPERSTAR, AND MC-DJ DAVID CROSS


Song scribe extraordinaire Har Mar ripped it up at Thee Parkside a few Noise Pops back, and buzz band Tapes ‘n Tapes made the South by Southwest crowd go nuts (and crawl the wall outside), so you know this is gonna be a blast. Watch for those low-flying groupies of indie comedy fave David Cross too. (Kimberly Chun)

9 p.m. Mezzanine, 444 Jessie, SF. Free if you sign up at www.noisepop.com/freedm

FEB. 28

HELLA, POP LEVI, AND MACROMATICS


In Northern California we are all familiar with the term hella, typically used to convey abundance. This same definition can be applied to Sacramento’s math rock savants Hella, whose chaotic brew of avant musical equations can be compared to a piano falling down an elevator shaft or the sonic vibrations of a song trapped in a quasar. Once made up solely of guitarist Spenser Seim and drummer Zach Hill, Hella has since morphed into a full band with the addition of guitarist Josh Hill, bassist Carson McWhirter, and vocalist Aaron Ross, making for a more contained noise that verges on the fringes of prog. Opening is London’s Pop Levi, who describes his slithering psych pop as "Prince making out with Bob Dylan in Syd Barrett’s bedroom," and Romy Hoffman, better known as Macromatics, who makes punk-rooted hip-hop and has been known to shout out to Lemony Snicket and Melanie Griffith in the same breath. (Hayley Elisabeth Kaufman)

8 p.m. Bottom of the Hill, 1233 17th St., SF. $12. (415) 621-4455

JOSH RITTER


Sure, I remember the first time I heard Josh Ritter, who plays a solo acoustic set as part of Noise Pop. There I was, driving beneath a huddle of midnight pines in the middle of nowhere when a warm drawl lured me off the dirt road and into the airwaves with tales of Patsy Cline’s ghost and girls with wooden-nickel smiles — all delivered with the urgency of a young Bob Dylan and the intimacy of Townes van Zandt. Five years later, the Idaho-bred indie folkie still slays me with the Americana mythology of "Golden Age of Radio," and the storytelling voodoo he has cast ever since makes me wish they’d start giving out the O. Henry Award for songwriting. Ritter could be the first winner. (Todd Lavoie)

7:30 p.m. Swedish American Hall, 2174 Market, SF. $15. (415) 861-5016

MARCH 1

LYRICS BORN AND THE COUP


This Noise Pop show is a warm reminder that all is not lost in contemporary rap music. Yes, it’s still possible for hip-hop to both move your butt and stimulate your mind. Prime examples of this are longtime Oakland political wordsmith Boots Riley and his funk-fueled live band the Coup, who are blessed to be back after a recent tour bus accident. With headliner Quannum MC Lyrics Born, who has proven himself a tireless performer at 150 shows a year, you have a hip-hop concert that’s guaranteed to deliver on all levels. (Billy Jam)

8 p.m. Fillmore, 1805 Geary, SF. $25. (415) 346-6000

NO AGE


Hybridizing jangled guitar treatments and shrill electronics, No Age make ambient basement rock that sounds like the Stooges if Iggy had moved the rest of the band with him to Berlin. For the past year, this LA duo — embodying two-thirds of the short-lived maniacal punk outfit Wives — has wed lo-fi with New York noise. On "Dead Plane," a song featured on the band’s MySpace page, a slow burner of dainty hums builds then takes a backseat to a three-chord commotion of dismantled sounds. Matt and Kim, Erase Errata, and Pant Pants Pants round out this rocktastic happening. (Chris Sabbath)

8 p.m. Bottom of the Hill, 1233 17th St., SF. $10. (415) 621-4455

SCISSORS FOR LEFTY


At first glance, Scissors for Lefty remind you of those dudes down the block who your friends keep telling you are going to make it big. The video for their latest single, the new wave "Ghetto Ways," off Underhanded Romance (Pepper Street Music), works in clips from the 1970s horror flick The Dead, the Devil and the Flesh. The result: pure camp, including an impressive dance break by vocalist Bryan Garza. Lest you forget SFL hail from the Bay Area, "Mama Your Boys Will Find a Home" gives a shout-out to the Mission and girls who "breathe new life into checking our voice mail." (Elaine Santore)

8:00 p.m. Slim’s, 333 11th St., SF. $15. (415) 255-0333

MARCH 2

ANNUALS


The gears of this much-blogged-about sextet’s musical engine are greased with an all-engaging medley of brash experimental pop and electronic folk. And like kindred spirits Clap Your Hands Say Yeah and Arcade Fire, the Annuals back up their buzz with a punch of indie rock delight: their 2006 full-length, Big He Me (Ace Fu), has scored a favorable reception from critics and fans alike. Led by singer-songwriter Adam Baker, the Raleigh, N.C., group’s captivating live show promises to be one of the highlights of Noise Pop. Simon Dawes, Pilot Speed, and Ray Barbie and the Mattson 2 also perform. (Sabbath)

9 p.m. Cafe du Nord, 2170 Market, SF. $10. (415) 861-5016

AUTOLUX


A dreamlike fusion of languid atmospherics and apocalyptic noise, Autolux’s futuristic dark pop is fit for a fembot. The LA trio is composed of bassist Eugene Goreshter, guitarist Greg Edwards, and drummer Carla Azar, whose pounding percussion echoes with an ominous clamor. On songs such as "Turnstile Blues," from Future Perfect (DMZ/Epic, 2004), austere vocals, lush musical landscapes, and fuzzed-out, droning guitars inspire comparisons to the shoegaze of My Bloody Valentine, the moodiness of Slowdive, and the artful dissonance of Sonic Youth. Their sound may borrow from distortion-heavy bands of the past, but Autolux appear to be ushering in their own version of sonic modernism. (Kaufman)

9 p.m. Independent, 628 Divisadero, SF. $14. (415) 771-1421

DANDY WARHOLS


The Dandy Warhols: you either hate to love them or love to hate them. But regardless of their arrogant pomp, overt cheekiness, and swaggering vocalist Courtney Taylor-Taylor’s pretentious double-hyphenated name, this foursome still comes through with catchy, pop-laced psychedelia that successfully blurs the boundaries between the underground and the mainstream. The Dandys — who made a splash with their 1997 single "Not If You Were the Last Junkie on Earth" and later garnered attention as the sell-out antagonists to the Brian Jonestown Massacre’s incorrigible madcap Anton Newcombe in the 2004 documentary DiG! — continue to find commercial success while staying true to their original sound. This show’s openers include the Bay’s Elephone and Oakland’s Audrye Sessions, whose sweeping, romantic indie rock lullabies will thaw even the most jaded heart. (Kaufman)

9 p.m. Mezzanine, 444 Jessie, SF. $30. (415) 625-8880

ALELA DIANE


What hath Vashti wrought? Here they come round the mountain, like Melissa Gilbert as Laura Ingalls Wilder in the credit sequence for Little House on the Prairie — yes, indeedy, the fair maidens with granny hankies of acoustic stringed Americana seem to be multiplying endlessly or cloning themselves through antique alchemical methods such as MySpace. Yet many deliver the goods — and I don’t just mean personally sewn CD packaging; I mean singing and songwriting. Such is definitely the case with the palindromically named Alela Diane, who hails from Joanna Newsom country — Nevada City — but favors guitar over harp and resuscitates Karen Dalton’s quaver with less affectation than Newsom. Humming through teeth, tying tongues in knots, and finding flatlands within mouths, Diane has a definite flair for oral imagery and aural spells: "My Brambles" vividly invokes a favorite word or pet cat, while "The Rifle" and "Lady Divine" flirt with danger instead of falling prey to it à la Marissa Nadler’s eerie murder ballads. (Diane’s handsome friend Rubio Falcor also has a way with a song, if his MySpace cabin is anything to go by.) Along with Zach Rogue and Thao Nguyen, Diane will open for Vic Chesnutt, who is dusting off his shelves and ghetto bells for a few California shows. (Johnny Ray Huston)

7:30 p.m. Swedish American Hall, 2174 Market, SF. $15. (415) 861-5016

MARCH 3

DEAD MEADOW


Followed by a trail of critical acclaim inundated with joint-smoking references and marijuana puns, Dead Meadow are frequently and unfairly categorized as drugged-induced hard rock. Instead the Washington, DC, group possesses a genius far surpassing the clownish gimmickry of unsophisticated stoner jams. As musically intricate and ethereal as they are untamable and beastly, Dead Meadow take inspiration from rock greats such as Jimi Hendrix, Black Sabbath, and Led Zeppelin but inhabit a unique and mystical domain where early incarnations of metal coexist with swirling, murky psychedelia — the perfect soundtrack for a druid ritual or black magic spell casting. Starlight Desperation and Spindrift open. (Kaufman)

9 p.m. Cafe du Nord, 2170 Market, SF. $12–$14. (415) 861-5016

PONYS


Chicago’s Ponys are making dangerous music. You know, the kind of stuff you don’t want your little sister listening to for fear that she might become seduced by the unduutf8g rhythms, or worse, that she’d fall for the shaggy-haired drummer. This tough-as-nails garage quartet is the sonic kick in the pants that music fans have been craving. Saddled with thundering guitars and ferocious bass lines, the Ponys bring grit and musical malevolence to a famously frenetic live show. Even better, Jered Gummere’s sneering vocals evoke Richard Hell’s, lending an old-school flavor to a feral yet infectious racket composed of equal parts DIY primordial punk, dirty psych à la Blue Cheer, and Love’s irreverent melodicism. Lemon Sun, the Gris Gris, and Rum Diary open. (Kaufman)

9:30 p.m. Bottom of the Hill, 1233 17th St., SF. $10–$12. (415) 621-4455

SPINTO BAND


If you own a television, you might already know the Spinto Band — or at least their song "Oh Mandy," which provided the soundtrack to a Sears commercial. But don’t hold that against this quirky, energetic group from Delaware. While you’re dancing to their melodic, happy, and bouncy brand of indie rock, you’ll forget all about sweaters and washing machines. Also on the lineup: Dios Malos, who offer catchy and experimental SoCal suburban indie pop; the Changes, who make romantic, earnest pop that made them one of Paste‘s bands to watch; and the Old-Fashioned Way, who produce danceable indie with a sense of humor straight outta the Tenderloin. (Molly Freedenberg)

9 p.m. Rickshaw Stop, 155 Fell, SF. $12. (415) 861-2011

For more Noise Pop picks, check out next week’s Guardian.

For more info, see www.noisepop.com/2007

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