Independent

Static shock

0

› a&eletters@sfbg.com
REVIEW When it premiered in New York two years ago, Sam Shepard’s latest play was timed to influence the outcome of the presidential election — an enticingly bold agenda. Of course, if you want to influence elections, as everybody understands by now, you need to be more than bold. You need to be Diebold. And anyway, what politician worries about what’s on an Off-Broadway stage? As political theater goes, Hugo Chávez calling George W. Bush the devil and sniffing out his sulfuric farts before the United Nations has much more oomph to it, in addition to getting at least as big a laugh. Chávez also backed up his warm-up zingers with a real political program. And he reads Noam Chomsky!
Two years and another flagrantly stolen election later, The God of Hell remains less interesting for any recyclable reference to the electoral contest between Democrats and Republicans (two packs squaring off again for dominance in the same corporate-owned kennel) than for the reflection in its bleak farce of something larger: an attempt to redraw the psychic and social landscape. Shepard’s ostensibly simple political broadside — whose call to alarm rings more with absurdist resignation than Brechtian defiance — has nonetheless a wily power curled up inside.
The play — sharply directed by Amy Glazer and leading off the 40th anniversary season of the Magic Theatre, Shepard’s old stomping ground — opens on the home of a dying breed: a Wisconsin dairy farmer and his wife. Emma (played with just the right suggestion of guileless good humor and native smarts by Anne Darragh) loves her indoor plants, which she compulsively waters to within an inch of their lives. Frank (John Flanagan), meanwhile, “loves his heifers,” as his affectionate wife readily explains to Frank’s old friend and their current houseguest, the jumpy and radioactive Graig Haynes (Jackson Davis), hiding from some unspecified disaster out west at a mysterious place called, in a name redolent of real-life nuclear disasters, Rocky Buttes. On the one hand, the couple looks primed to live happily heifer after. On the other, they appear stuck in a semiparadisial oasis amid unforgiving winter and a sea of agribusiness, isolated, alone, stoic, lonely, a little loony, and lost without knowing it — yet.
Emma is in the act of coaxing Haynes from the basement with some frying bacon when a stranger at the door interrupts her. As the pork sizzles, the man (Michael Santo), a business suit we later learn goes by the name Welch, appears to be selling a host of patriotic paraphernalia out of his attaché case. But his pushy demeanor quickly goes beyond the usual sales routine, his interest in Emma’s loyalty and her basement growing downright creepy, exuding an unctuousness and a sly arrogance that perfectly suggest the totalitarian turn in what Frank calls a “country of salesmen.” (Santo, whose face stretched into a thin grin bears an eerie resemblance to our real-life torturer-in-chief, is altogether perfect in the part.)
Shepard’s farmers, while purposefully cartoony, aren’t country bumpkins. Nor are they merely atavistic 1950s farmers, existing wholly in the past and detached from the present (as Welch, with telling condescension, likes to imagine them). Locally speaking, they are savvy and sure. (It’s no joke holding your own as an independent dairy farmer amid government-subsidized corporate behemoths.) Emma in particular is rooted to the very house itself, born on a patch of floor Hayes finds himself standing on at one point.
It’s the world beyond the farm and Wisconsin that the main couple find hard to grasp. In the play’s central irony, Frank and Emma tentatively mark the outer world by reference to a standard pop-cultural conspiracy narrative. But significantly, it’s just that laughable (at first) recourse to the formula of a TV thriller or sci-fi movie that points in the direction of the truth, helping Emma and Frank chart the terrain opened up by the arrival of Haynes and Welch. Long before his old friend resurfaces, Frank has already imagined for him, however vaguely, just the kind of intrigue and danger he turns out to have been undergoing. After passing the seeds of this narrative to his wife (who, as it were, dutifully overwaters them), Frank turns around and mocks her paranoia of government vehicles: “Dark cars. Suspicious. Tinted windows. Unmarked Chevies. Black antennas bowed over.” But we already know she’s right. The terrain of conspiracy, like the empire it limns, stretches in all directions, making borders meaningless except as a demagogic strategy in Welch’s fascist, state-centered patriotism.
The play invokes borders mainly to undermine, comically deflate, or cynically manipulate them. The overall and overwhelming implication is their irrelevance to an imperial might that recognizes no boundaries in the exercise of its will (things don’t need to escalate far before Welch threatens to send a bunker buster through Emma’s kitchen window). The vastness of the system confronting Emma and Frank comes across most dramatically in the unstoppable reach of plutonium — named after Pluto, the god of hell — which here serves as both a literal threat of the system and the ideal metaphor for its poisonous, apocalyptic reach. It’s this geography (real, metaphorical, potential) that the play wants us to pay attention to, since survival depends on some grasp of the lay of the land. SFBG
THE GOD OF HELL
Through Oct. 22
Tues.–Sat., 8 p.m.; Sun., 2:30 p.m.
Magic Theatre
Fort Mason Center, bldg. D, Buchanan at Marina, SF
$20–$45
(415) 441-8822
www.magictheatre.org

MONDAY

0

Oct. 9

Music

The Knitters

There’s an epiphany that strikes almost every aging rocker that country music is the perfect medium for tempering youthful, knee-jerk angst into a superficially more contained yet white-hot righteousness that sizzles to the core. Perhaps it’s because affecting a nasal twang is much less taxing on matured vocal chords than outright shrieking, and given the right arrangement, the effect is surprisingly intoxicating. Enter the Knitters, combining members of seminal LA punk band X with members of rockabilly revivalists the Blasters, creating what their old label Bloodshot Records refers to as an “insurgent country” sound and what I like to call a hoedown for the low-down. (Nicole Gluckstern)

With Jesse Sykes and the Sweet Hereafter
8 p.m.
Independent
628 Divisadero
$25
(415) 771-1421
www.independentsf.com

Music

The Bluetones

Citing Buffalo Springfield, Love, and the Stone Roses as influences, London indie favorites the Bluetones have, over the course of their 12-year career, produced a catalog rich in spiky sing-along Britpop with a reverential nod in the direction of ’60s songwriters. The band has grown artistically through an enthusiasm for incorporating new elements into their vision, while many of their contemporaries from the mid-’90s Britpop scene have either dissolved or stagnated. After exploring Southwestern themes, country twang, gentle folk, and even a bit of velour-smooth ’70s disco-soul, these popsters are adventurers of the first order. (Todd Lavoie)

9:30 p.m.
Cafe du Nord
2170 Market, SF
$15
(415) 861-5016
www.cafedunord.com

Cat’s Eye: Vancouver International Film Fest, Day One

0

Toronto presents North America’s mad mad mad world fall film fest option, while Vancouver gives post-Hollywood cinemaniacs a quieter, more contemplative choice. Thanks to Tony Rayns, who is marking his last year of programming the Vancouver International Film Festival’s Dragons & Tigers section and competition, the fest has blazed trails: directors such as Hirokazu Kore-Eda and Jia Zhangke have won early and influential awards here. But there are other secrets about VIFF. One irony: it might be a better showcase of independent movies from the US than any actual US fest. Experimental features and documentaries that move beyond issue-based hectoring thrive here.

thecatsofmirikitani_198.jpg

The final frontier

0

› cheryl@sfbg.com
Ask Aron Ranen about his filmmaking philosophy, and he won’t pause long. “I’m a reality surfer. Things pop up as I’m quote-unquote traveling around the world with my camera.”
When he says “pop up,” he ain’t kidding. While attempting to uncover the truth about the Apollo 11 moon landing in Did We Go? (which screened in 2000 at New York’s Museum of Modern Art), Ranen stumbled upon the fact that the magnetic tapes used to record the 1969 event had gone missing. This peculiar nugget resurfaced in the news lately, generating enough buzz beyond the conspiracy fringes to nudge NASA into a response via its Web site: “Despite the challenges of the search, NASA does not consider the tapes to be lost.”
A month ago Ranen appeared on CNN to discuss the controversy. Host Glenn Beck tried awfully hard to paint the doc maker as a wackjob; the segment ends with a joke likening those who believe the moon landing was faked to those who are “still wondering why Darrin One was mysteriously replaced by Darrin Two.” This kind of reaction doesn’t seem to bother Ranen, who between movies teaches digital filmmaking at DV Workshops, the school he runs out of his Mission District studio.
“My motto is film the obvious,” he explains. (Later in our conversation he expands that motto to include “trust reality … and also don’t fuck it up.”) “I’m just trying to illuminate some of the things that are going on in our culture.” Did We Go? is actually not a wackjob’s manifesto; it features interviews with Apollo 11 flight director Gene Krantz and astronaut Buzz Aldrin — as well as the NASA employee who physically closed the hatch on the rocket before its launch. The film doesn’t try to discredit the moon landing; it tries, with sincerity, to prove that it actually happened. (In other words, there’s a reason it’s not titled We Didn’t Go.)
A filmmaker since he was 13, Ranen has made so many short documentaries that he’s lost count. Over the years the self-funded artist has developed his own approach to shooting. His films are generally unstructured — expecting the unexpected — and are guided by Ranen’s first-person voice-overs, delivered in a tone that hovers between curiosity and amazement.
“Everyone trusts me and talks to me in my films,” he says. It’s a claim backed up by the openness displayed by his diverse array of subjects, many of whom Ranen meets on the fly. His film Power and Control: LSD in the 60s — a tangent-riddled exploration of the drug’s influence on politics and counterculture — features chats with an ex–Stanford University researcher whose simian LSD tests earned him the nickname “Monkey Mike” and a now-elderly professor who was among the Harvard students who participated in Timothy Leary’s 1962 Good Friday experiment. Ranen attributes this kind of access to his lone gunman style.
“I refuse to let anyone go with me. I believe so much of documentary is about the relationship between the filmmaker and the subject. I don’t want a crew or a sound man to mitigate my relationships with these subjects,” he explains. “When I’m talking to someone, you can see their enthusiasm in talking to me.”
Ranen’s go-with-the-flow methodology extends to postproduction. He “edits organically,” subscribing to what he calls “the pinball effect: as you’re watching it, the edit speaks to you and says, no, take that stuff in the middle and put it up front.” He’s also not opposed to altering his films after they are finished. Power and Control screened as a 70-minute feature at the 2005 San Francisco Independent Film Festival; the version at Other Cinema this weekend hovers closer to 40 minutes. Eventually, Ranen hopes to add a chapter exploring the possible LSD-KGB connection.
His most recent film, Black Hair, is also his most widely seen, thanks to a strategy of free distribution via YouTube. The doc, which Ranen says has been viewed some 100,000 times, delves into the racial and economic issues raised by the fact that most of the black hair-care industry’s retail and wholesale markets are controlled by Korean, not African American, businesspeople.
Ranen’s film inspired Bay Area hair-product manufacturer Sam Ennon to found the Black Owned Beauty Supply Association, or BOBSA, now a national organization aimed at what Ennon calls “reorganizing the whole industry in terms of the distribution channel. It’s not that we want to run the Koreans out of business — we just want to share in the business. We want to recirculate the black dollar.”
Ennon says Black Hair gave BOBSA’s cause a major assist. “A picture speaks better than words. The film is really what turned it completely around.”
It’s all in a day’s work for Ranen, who seems to attract unexpected spontaneity and the not-occasional weird coincidence. His DV Workshops was funded with a settlement he received after learning that Nine Inch Nails had sampled one of his films without permission. The dialogue snippet, taken from Ranen’s film Religion in Suburbia, just happened to include this phrase: “do you believe in miracles?” SFBG
POWER AND CONTROL:
LSD IN THE 60S
Sat/30, 8:30 p.m.
Artists’ Television Access
992 Valencia, SF
$5
(415) 824-3890
www.atasite.org
www.dvworkshops.com

Grizzly man

0

New York City band Grizzly Bear’s gently ambient Yellow House (Warp) manages to delicately conjure bittersweet associations of musty, memory-cluttered childhood homes and reference Charlotte Perkins Gilman’s feminist-modernist novel The Yellow Wall-Paper — but the real household dirt on this band has to remain in one’s imagination.
Vocalist-keyboardist-guitarist-autoharpist Edward Droste is up-front about his own sexuality — saying he’s been in a relationship with one man for most of the band’s existence — but when it comes to the love lives of his straight mates, the sometime journalist and Pro Tools bedroom recordist is the soul of discretion. Grizzly Bear’s tales of random hookups are just “too dirty” to pass along, he explains on the phone from the East Coast college campus where the group is playing before joining the TV on the Radio tour in October. “I usually bond with the girls,” says Droste, 27, miming his role as the band’s father confessor. “It’s cool — we’re leaving town. But it’s totally cool.”
And a certain ethereal cool marks the foursome’s gorgeous soundscapes, now lifted above the tape-hiss fray of their fake-fur-embellished 2004 debut, Horn of Plenty (Kanine; later reissued in 2005 with a CD of remixes by Dntel, the Soft Pink Truth, Final Fantasy, and Solex). Yellow House sounds warm and welcoming, thanks to the production prowess of the band’s brass and woodwinds player Chris Taylor and the recording site: Droste’s mother’s Boston-area home, the yellow house of the disc’s title. The seductive tug of nostalgia takes over as Beach Boys–style harmonies skate over fingerpicked acoustic guitar and strings, bird chirps, and wah-wah pedal flit together on “Little Brother.” Horns lumber alongside busy insectlike electronics and Droste’s and guitarist Daniel Rossen’s cooing vocals during “Plans.” By the time the album breaks into “Marla” — a slowed-down, strings-swathed dusky dirge based on a 1930s-era tune penned by Droste’s great-aunt of the same name, a failed singer who eventually drank herself to death — resistance becomes futile. This is seriously lovely music, a reflection of the group’s recent communal music-making — and far removed from groupie dish.
“Initially, we wanted to record an album before we had a label and didn’t have any money,” recalls Droste, who shares the name of the Hooters cofounder, a distant relation. “My mom was going to be away, it was my old childhood home, and I was, like, ‘Well, we can all have our own bedrooms, record in the living room, and there’s a backyard, and every night we’d have chips and salsa and beer.’”
The laid-back atmosphere and ensuing musical productivity led to a bidding frenzy among indie labels when the recordings emerged, and now Droste is relaxing into a tour schedule that brings him back to San Francisco for the first time since February 2005, when Grizzly Bear — jokingly named after a Droste boyfriend who was anything but — played the Eagle Tavern. How did Droste’s hetero bandmates handle the attentions of SF’s finest bears — and those of the bandleader himself?
“They’re total cock teases. They love attention from boys, but they never do anything,” Droste offers laconically. “Never say never, but I kind of feel like if you’re hanging with me in New York City and there are a million fags everywhere and dozens of opportunities … I’m just gonna drop it and accept the fact.” (Kimberly Chun)
GRIZZLY BEAR
Fri/29, 9 p.m.
Independent
628 Divisadero, SF
$12
(415) 771-1421
www.grizzly-bear.net

TUESDAY

0

Oct. 3

Music

Man Man and Pink Mountaintops

With band members identifying themselves as masters of such unusual instruments as the beduggering demonstration and the illustrious quesadilla special, Philadelphia’s Man Man are nothing if not unconventional. Wielding a mightily transfixing power with a carnival-clown playful sound, they bring to mind images of unrelentingly caffeinated children’s choirs playing musical chairs with Tom Waits and Captain Beefheart in Federico Fellini’s junkyard. Providing additional mind-messing are Vancouver’s Pink Mountaintops, whose latest album, Axis of Evol (Jagjaguwar, 2006), is a hypnotically propulsive piece of deliciously twisted modern psychedelia. (Todd Lavoie)

With Dodo Bird
8 p.m.
Independent
628 Divisadero, SF
$12
(415) 771-1421
www.independentsf.com

Visual Art

“Palimpsest; New Paintings” and “Le Silence des Choses”

The shock, misery, and loss of control that a “Dear John” letter recipient experiences are tough topics to sell. In his show “Palimpsest; New Paintings,” Mark Stock captures the dull resignation in the eyes of his subject and builds layers of weight atop it. Catherine Jansens’s watercolors are an inspired complement to Stock’s works. “Le Silence des Choses” shows off her incredible eye for light and unwavering control of the medium. Each exhibit explores a heaviness both in technique and in content that is palpable and startling in the light, airy, whitewashed gallery space. (K. Tighe)

Through Oct. 28.
Tues.-Sat., 10 a.m.-5:30 p.m.
Modernism
685 Market, SF
Free
(415) 541-0461
www.modernisminc.com

Save KQED! Vote No!

0

EDITORIAL KQED, San Francisco’s venerable public radio and television outlet, is trying to summarily abandon internal democracy. The station’s management is sending out letters this week asking its 190,000 members to vote on a bylaws change that would eliminate direct election of board members and shift complete control of the station’s operations to a self-appointed board. The proposal would also strip members of the right to vote on future changes to the bylaws.
This is a horrible idea and KQED members should reject it.
The bylaws change, KQED spokesperson Yoon Lee told us, comes in the wake of a May merger between KQED and San Jose’s public station, KTEH, and is aimed at simplifying operations at the stations. Besides, she said, elections are expensive: KQED spends roughly $250,000 each time it chooses new board members.
Of course, the United States could save huge sums of money by canceling congressional elections and letting the House and Senate choose their own members, but that idea wouldn’t get too far. Neither should the idea of the people — who pay for the programming, pay for the staff, pay for the salaries of the station executives, and pay for the elections — being cut out of the process.
For half a century, KQED has had a tradition of membership participation. It’s been awkward and stilted at times (the board appoints its own slate of candidates, and it’s tough for outside candidates to get on the ballot and get elected). But critics of station management have won seats on the board now and then, and their input has been tremendously healthy for the organization.
KQED has always needed independent watchdogs. For years, the station has poured money into bad projects and wasted cash on overpaid executives — at the expense of its primary mission, which is (and ought to be) to provide quality local programming. There’s no KQED TV news show (although there used to be). Other than Michael Krasny on the radio, there’s precious little in the way of local public affairs shows.
That’s the kind of thing rebel board members like Henry Kroll and Sasha Futran used to bring up and force onto the agenda. They also made the case for letting the members — and the public — have access to the details of KQED’s finances.
Lee says that none of the other big stations in the Public Broadcasting Service system have elected boards, but this is San Francisco, a city that takes its publicly supported institutions seriously and demands accountability. And locally, the direction of member-sponsored broadcasting is just the opposite: KPFA has gone to great lengths to elect a community-based board.
This is the last chance members will ever have to halt the corporatization of KQED. Most members just throw their ballots out; this time, it’s worth taking a minute to vote no on the new bylaws. SFBG

The people’s program

0

OPINION San Francisco progressives have spent years getting on the political power map. We have achieved amazing victories, such as the 2000 sweep that defeated the Brown machine and ushered in an independent Board of Supervisors. At times we’ve gotten mired in sectarian clashes that have prevented unity around a common vision. However, such obstacles and stumbles have taught us valuable lessons that can be the building blocks for a vibrant people’s movement. To be successful, we progressives need to have a clear vision and to keep asking ourselves questions. What does it mean to be progressive and for progressives to have power? Assuming we all agree that progressive unity is a necessary foundation for social change, what should unity look like today? And if we’re successful at maintaining power, what do we want to look like five and 10 years from now? In the first year following its founding convention and with these questions in mind, the San Francisco Peoples’ Organization (SFPO) has chosen to focus on three issues central to the lives of all San Franciscans — health care, affordable housing, and violence prevention. Over the past year, this fledgling organization has logged a long list of achievements and participated in many exciting causes. The SFPO has: •worked with the Alliance for a Better California to defeat Governor Arnold Schwarzenegger’s special election measures in November 2005; •assisted in the development and passage of Supervisor Tom Ammiano’s Worker Health Care Security Ordinance, creating universal health care for local residents; •advocated for Supervisor Chris Daly’s recently passed legislation to increase mandatory levels of affordable housing in new housing developments; •took a leadership role in uniting communities of color and progressives to fight for Proposition A’s homicide and violence prevention efforts, including a host of new budget initiatives addressing some of the root causes of violence; •launched an e-mail dispatch that reaches over 5,000 constituents and highlights local progressive issues, campaigns, and events; •played an active role in the UNITE-HERE Local 2 contract campaign, attending pickets, planning meetings, and participating in civil disobedience. Part of our effort involves critically analyzing the policy agendas of our elected lawmakers and making recommendations. Mayor Gavin Newsom, through his highly visible work to legalize same-sex marriage, rightfully gained the respect and admiration of progressive San Franciscans. However, same-sex marriage is only one issue; Mayor Newsom should not be given carte blanche among progressives for this single act. The SFPO’s second annual convention will take place Sept. 30 at St. Mary’s Cathedral. Please join us. We cannot wait to work together. The future of our city — who we want to live here, who we want to work here, who we want educated here — is being determined now. SFBG Jane Kim and John Avalos The writers are president and vice president, respectively, of the San Francisco Peoples’ Organization. For more information about the SFPO and the Sept. 30 convention, go to www.sfpeople.org.

Act naturally

0

I interviewed writer-director-editor-supporting actor Andrew Bujalski last year, prior to Funny Ha Ha’s August 2005 opening at the Red Vic. He’d actually completed his debut film in 2002; during its meandering journey into theaters (with stops at over ten fests, including the San Francisco Independent Film Festival), he was able to shoot his follow-up, Mutual Appreciation.

mutual-appreciation.jpg
Justin Rice in Mutual Appreciation.

Though it’s shot in black and white, and features a boy-musician rather than a girl-office temp slouching towards adulthood, Mutual Appreciation (read Max Goldberg’s Guardian review here) resembles Funny Ha Ha in its deceptively low-fi storytelling. It’s also a leap forward for Bujalski, whose editing choices have grown more adventurous, while his characters are even more awkwardly real-life, if that’s even possible.

On the eve of Mutual Appreciation’s Bay Area premiere, I spoke with the Boston-based Bujalski again. This time I steered away from topics that had shaped our previous chat, including the inevitable, justifiable comparisons to other naturalistic filmmakers (in other words, not once was the name “Cassavetes” mentioned; if you’re curious, read my 2005 interview here).

District 6 sleaze

0

EDITORIAL The fall campaign season has only begun, and already the District 6 race is getting really ugly. A downtown-funded operation, hiding behind anonymous mailers and front groups, is spending gobs of money to smear Sup. Chris Daly, and thanks to the city’s campaign-spending laws, Daly’s ability to fight back is limited. The whole mess points to a real problem in the way so-called independent-expenditure committees are regulated, and the supervisors and the Ethics Commission should take up the issue immediately.
Daly, who’s represented the district for almost six years, has offended a lot of people — including some of the city’s richest and most powerful interest groups. They tried to unseat him four years ago with no success, but this time around they have more money and a slimy, secretive strategy that appears to expose a loophole in local law.
The first salvo landed a few weeks ago: a slick, 22-page mailer called “The Case Against Chris Daly” that attacks him on almost every front. The hit piece is unsigned, so the people who received it have no way of knowing exactly who’s behind the message. And there’s no requirement that the sponsors register with the city’s Ethics Commission and reveal their source of financing.
It’s pretty clear, though, who produced and paid for the piece. The money is going through a group called Citizens for Reform Leadership #1, which was set up by downtown elections lawyer Jim Sutton, organized by SFSOS, and funded in large part by Republican kingmaker and the Gap founder Don Fisher. (Sutton has also established Citizens for Reform Leadership committees two through six, indicating that there’s more of this to come.)
The way San Francisco’s campaign-spending limits work, no candidate for supervisor can spend more than $83,000 — unless one of the other candidates breaks that cap. Then all rules are off. But that cap doesn’t apply to whoever put out the 22-page hit piece — in part because we don’t even know legally who it was. That means the SFSOS-Fisher crew can spend hundreds of thousands of dollars hammering away at Daly — and he can’t spend more than $83,000 fighting back.
The candidate who benefits most from this sewer money is Rob Black, a former aide to Sup. Michela Alioto-Pier who has the backing of Mayor Gavin Newsom and is by any account Daly’s most serious challenger. Black told us he has no direct connection to the hit squad — but he stopped short of promising not to engage in negative campaigning himself. And he’s certainly not going around town denouncing the anti-Daly sleaze.
That should change now. If Black wants to be seen as anything other than a pawn of Fisher, he should put out a formal statement calling on SFSOS and its allies to back off, quit the anonymous name-calling, and either come clean or stay out of District 6. So should every other candidate in the race. (The hotly contested District 5 battle two years ago was remarkably clean, in part because all of the candidates agreed not to accept this sort of nonsense.)
The Ethics Commission should launch a full investigation of this anonymous campaigning with the aim of exposing the forces behind it — and if the city’s current law doesn’t allow a ban on secret hit pieces, the supervisors should amend it today. Meanwhile, the commission ought to lift the expenditure limit for District 6; it’s not optimal, but in this case it’s only fair. SFBG

Judge seals file in MediaNews trial

0

Some documents to be kept under wraps in suit claiming purchase of Times, Mercury News creates local monopoly

To the good: this is not a Bruce Blog head. This is the head and subhead on a surprisingly good story by George Avalos in today’s Contra Costa Times that gives some indication that the old Knight-Ridder fighting spirit on public access and accountability is still in play despite the new ownership of MediaNews Group/Dean Singleton.

More to the good: the story, unlike the Chronicle/Hearst coverage, lays out one of the key points of the Clint Reilly/Joe Alioto antitrust suit: that, as the lead says, “a wide range of documents could be kept secret in a lawsuit involving a realty executive and the owner of most of the Bay Area’s newspapers, including the Times.” Still more: the ruling by a federal judge “enables the parties in the suit, including defendants MediaNews, Hearst, Gannett Co., Stephens Group Inc, and a partnership of several of the newspaper companies, to keep numerous documents confidential and free from public scrutiny.” And Avalos got a key point into his story with a quote from Reilly attorney Daniel Shulman: “Newspapers believe the public should know about everything, unless it is information about newspapers.”

To the bad: Avalos allowed Media News/Dean Singleton to put its position in the story via an anonymous “representative for one of the newspaper companies that are defendants in the lawsuit.” This anonymous source put forth without gulping the monopoly boilerplate position: gosh, golly, gee, “the newspaper companies could be hurt competitively if some of the information is released to the public.”

Unsolicited advice to reporters and editors who have the uneviable task of covering the monopolizing moves of their monopolizing superiors: Do not let them get away with anonymous quotes from anonymous executives. Tell them to speak by name and title or the Bruce Blog will get them.

The critical point: there is a big difference between sealing records in a standard civil lawsuit between two competing companies and sealing records in a lawsuit that aims to, as Avalos rightly puts it, “derail and unravel the MediaNews Group purchases of the newspapers” and stop MediaNews from wielding “monopoly power over the Bay Area newspaper market.”

The Galloping Conglomerati, as I call them, already operate in effect unregulated public utilities, because of their monopoly positions in their (mostly) one newspaper towns. And, unlike PG@E and other utilities, they are exempt from public regulation because of the First Amendment. Now they are quietly seeking to lock up the area for good and impose in effect a regional unregulated public utility under one partnership on the entire Bay Area. This is heavy stuff and every major development in this saga ought to be on the front page of every paper and lead the broadcast news of every station in the Bay Area.

Go, Clint, go!!! B3, still blogging away on behalf of independent and competitive journalism

Contra Costa Times

Eureka! Finally, Hearst covers the censored story and admits it is partnering with Singleton

0

And now this: Are the Conglomerati going to buy the Santa Cruz Sentinel?

The timing was exquisite. This morning, in preparing to appear on the Will and Willie show on 960 the Quake, I checked the Chronicle/Hearst to see if there were any timely new developments on the biggest censored media story of the year—how the Conglomerati are censoring and trivializing their coverage of their move to regional monopoly. (See my blogs and the Guardian’s Project Censored package in last week’s edition).

I checked first to see if a Hearst policy story was tucked away as it often is on page 2 of the business section under the “Daily Digest” head. (The last one was a Reuters story out of New York.) Today I found that the Chronicle moved the story up a notch but still buried it under the fold on page l of the business section under a head that read “Complex deal ties Bay Area papers” and continued the Hearst strategy to confuse and bore anybody trying to follow its monopolizing shenanigans.

And so I was able to report on how Hearst portrayed the unprecedented deal: folks, this is a complex deal and a complex story and it doesn’t affect you and please don’t bother reading about it. Just move on.

But I noted that the story did acknowledge what the Bruce Blog and the Guardian had been reporting for weeks: that Hearst and MediaNews Group/Dean Singleton were partners in the regional monopoly deal, according to a sworn affidavit by James Asher, Hearst’s senior vice president and chief legal and development officer, filed in the Clint Reilly/Joe Alioto antitrust suit against Hearst and Singleton. And the story used this lead to characterize the partnership: “The two companies that own all the major daily newspapers in the Bay Area could become even more closely intertwined, according to a court papers filed in a federal antitrust lawsuit.” The second paragraph said that “New York’s Hearst Corp. could become part owner of MediaNews, a Denver company that owns the San Jose Mercury News, Contra Costa Times, Oakland Tribune, Marin Independent Journal and several other Bay Area. papers.”

I also pointed out that, to my knowledge, none of the Conglomerati (Hearst/Singleton/McClatchy/Gannett/Stephens chains) had (a) run the big Project Censored story and all had (b) censored and/or trivialized their coverage of their own deal. And I noted that all of this confirmed in 96-point Tempo Bold the value and virtue of Project Censored.

I was also happy to congratulate Willie Brown and Will Durst (the Will and Willie duo) and producer Paul Wells for being the only mainstream media show to my knowledge to give Project Censored an airing (featuring an extensive interview yesterday of Censored Project Director Peter Phillips and my Censored update today.)

Later, when I got back to my office, I found that a Peninsula Press Club blog jumped on paragraph eight in the Chronicle story, which said that the two parties in the lawsuit on Monday had “agreed to seal documents in the lawsuit unless they are already public information.” The blog noted that “newspapers usually fight attempts to suppress public records” and labeled the move a “self-imposed secrecy order” by Hearst and Singleton. It all but asked the obvious question: Will this kind of secrecy be yet another adverse effect of the coming of the Conglomerati? B3

Postscript: And now this: the Santa Cruz Sentinel reported today that the Conglomerati may soon own yet another daily on the outside ring of the Bay Area: the Sentinel, which competes for now with the nearby Monterey Herald/Hearst/Singleton and is up for sale by its owner Ottaway/Dow Jones. The Sentinel reported that “bids for the Sentinel are due today and while no one is making public who, if anyone, is interested in the paper, industry analysts name William Dean Singleton…” Media consultant John Morton said, “‘I wouldn’t rule out anybody, but the most likely buyer is the one who owns the most newspapers in the area.’” Hearst and Singleton papers didn’t carry this story. When will they?

Impertinent questions: Where are the antitrust consolidators in Justice and AG Bill Lockyer’s office? Will they once again remove all pebbles and hurdles in the path of yet another clustering consolidation?

Callers to the Quake show had good questions: what can be done about this march to newspaper monopoly? Not much, I said, ending with my stock answer: support your local alternatives.

Personal note to the caller who said I brought up these issues when he was a student in a journalism class I taught at Cal-State-Hayward in the early l970s: answer my blog or send me an email at bruce@sfbg.com and let’s catch up.

Santa Cruz Sentinel

Peninsula Press Club

Six-string samurai

0

› a&eletters@sfbg.com
Discovering new metal bands worth their salt these days isn’t just hit-and-miss — it’s mostly miss. In fact, most kids now trying to crack the genre make me want to jump onstage, grab them by their greasy hair, and scream, “Satan is boring!” or “You are not Metallica!” into their prematurely damaged eardrums.
So when a friend slipped me the unmastered studio tracks of Totimoshi’s forthcoming album, Ladron, I was hesitant. After I explained to him that I was still mourning Bass Wolf and simply wasn’t ready for another Japanese rocker in my life, he rolled his eyes and told me to go home and listen to the thing.
Totimoshi, it turns out, is not a Japanese band.
In November 1997, Totimoshi singer-songwriter-guitarist Tony Aguilar had nearly given up hope in finding the right bassist to collaborate with: “I just couldn’t find anyone who wanted to work on the kind of things I was doing.” Meeting budding bassist Meg Castellanos at a warehouse concert in San Francisco changed everything. “I ended up teaching her a few things,” he says. “She got really good in no time and started writing her own stuff.”
And so began Totimoshi — a band that would go on to break the boundaries of multiple genres, build an innovative new framework for independent hard rock, and go through drummers like jelly beans.
Luke Herbst became the band’s seventh drummer in early 2005 and has proven to be the missing link in the Totimoshi sound. “He’s an integral part of the band,” Castellanos says. “He’s gotten a lot of very high praise. Everyone — even our past drummers — are really impressed with him.”
When the trio of Totimoshi walked into San Francisco’s Lucky Cat Studios to record, they came prepared to answer one burning question: what happens when you put one of the hardest-working, heaviest bands in the Bay Area in a studio with Helmet frontperson Page Hamilton and the Melvin’s sound engineer?
Pure fucking genius.
The group met Hamilton after he selected them to open the Helmet reunion tour last year. He was the obvious choice for producer. But working with your idol isn’t all fun and games: Hamilton started cutting things up right away. “He came in and cracked the whip,” Castellanos confesses. “We sat in the studio and went through every part of every song with a fine-tooth comb. It was a bit hellish.”
“It was really hard for me to give up the reins,” Aguilar adds. “But I swallowed all that. It turned out amazing.”
A quick listen to any of Totimoshi’s previous discs shows that they’ve had their chops for a long time. Ladron (meaning thief in Spanish) is due out Oct. 24 on Crucial Blast and marks a new stage in the band’s development. They’ve folded the grimiest parts of early Nirvana into the deepest, darkest depths of Sabbath, producing a wailing, slithering, flopping hodgepodge that’s purely Totimoshi.
In my attempts to pin down a description of Ladron, I keep coming back to an apocalyptic wasteland. Barren desert. Blazing sun. This is likely the result of one too many viewings of Six-String Samurai, but the image in my head is clear: Totimoshi riding a firestorm of worthy, working warrior bands (the Melvins, High on Fire, Neorosis) into the rock kingdom to reclaim the throne. Flicking tabloid pop stars and a domesticated, stuttering Ozzy aside, they loudly announce to their cohorts that metal once again rules. The people rejoice.
Hardly strangers to the road, Totimoshi tour the hardcore way: constantly. In a van. With little money and even less tour support. “What continues to drive us is the message, the music,” Aguilar says. “We care about our art so much we are willing to live in a van for months on end. It’s hard, but it’s what is necessary.” If some indie rock poster kid tried using this logic, this is the part where I’d tell him to crawl his whiny ass down from the cross and get a job. From Aguilar’s mouth, these are the inspired words of a man who lives for his craft. I can feel the passion bleed through when he tells me, “We’re not going to sit here and wait for Mr. Big to come and say, ‘You’re a great band!’ We’d rather get the message out ourselves.”
The group is about to spread that message on a very long tour with the help of Mastodon, the Bronx, Oxbow, and Year Long Disaster. “It has nothing to do with ‘making it,’” Castellanos says. “We just want to be working musicians once and for all. I think with this album the timing is right.” Their newest member apparently agrees. “Luke’s willing to sacrifice for these upcoming tours,” she continues. “I think he already lost his job.” He might not be needing it. SFBG
TOTIMOSHI
Sat/16, 9 p.m.
Parkside
1600 17th St., SF
$8
(415) 503-0393
Also Sun/17
Golden Bull
412 14th St., Oakl.
Call for time and price
(510) 893-0803

Bad cops walk into the shadows

0

› gwschulz@sfbg.com
In late June, two San Francisco police officers were accused of giving beer and vodka to three teenage girls and making sexual advances toward them. One of the young women was just 16 years old, and the two others were 17. The alleged conduct of the officers occurred both in and out of uniform, and they even reportedly offered the girls confiscated fireworks from the trunk of their patrol car.
In February, an off-duty San Francisco Police Department officer was arrested for threatening to kill his ex-girlfriend and their 5-year-old daughter during a domestic quarrel. The officer was awaiting disciplinary hearings before the San Francisco Police Commission, according to the most recent public records of the matter.
In March 2005, an SFPD domestic violence inspector was arrested for driving drunk through Marin County and smashing into another car. Fairfax cops found the inspector had a blood alcohol level of 0.27 percent, more than three times the legal limit. She was eventually suspended by the SFPD for 45 days.
These are just a few cases of alleged misconduct that have recently appeared before the Police Commission. And they’re among the last cases, which until now were available through state open-record laws, that most people will ever know details about. Due to a state Supreme Court ruling issued at the end of August, citizens and the press will be unable to access most public information about why individual officers are charged with vioutf8g department rules or even possibly breaking the law.
“It’s devastating,” said Rick McKee, a longtime open-government activist and president of the Sacramento-based group Californians Aware. “It creates a two-tiered system of public access: one for general government employees and another for police officers…. There was no considerable thought given to what this does to the public’s right to know.”
Records of misconduct charges have largely been open in San Francisco until now. The public could access summaries of misconduct charges, filed either by the San Francisco Office of Citizen Complaints (OCC) or the police chief’s office, and attend hearings at the Hall of Justice that included testimony from the officers. No longer.
An attempt by the Guardian last week to obtain misconduct records from the Police Commission was blocked by administrative staff, and two disciplinary hearings scheduled for Sept. 6 and 7, ordinarily open to the public, were cancelled due to uncertainty surrounding the decision in Copley Press v. San Diego County.
Historically, the names of officers investigated by the OCC and charged with misconduct by the chief were not revealed publicly until their cases had made it to the commission, which is where the Guardian has obtained them in the past. In other words, frivolous charges of police brutality, for instance, weren’t immediately disclosed to the public. Personnel files maintained by the department could remain secret, but cities and counties individually decided what independent review commissions could make available.
The Aug. 31 Supreme Court ruling greatly broadens the scope of privacy laws that exclusively protect cops from the disclosure of disciplinary records maintained by police departments. The decision now shields disciplinary records previously available either through records requests or citizen review panels, such as the OCC.
Guylin Cummins, an attorney who represented a Southern California newspaper in the public records challenge that led to last week’s ruling, said Sacramento legislators never intended to completely curtail access to disciplinary files.
“Nowhere in the legislative history does it say, ‘We’re going to trump the [California Public Records Act],’” Cummins said.
But an attorney for the Deputy Sheriffs’ Association of San Diego County, Everett Bobbitt, told the Guardian that public defenders and litigants were compiling the records in databases to use arbitrarily against cops in court.
“You’d go to one county and they’d restrict [the records], and you’d go to another county and they wouldn’t,” he said. “I thought that wasn’t fair. There was a lot of personal material in those files.”
Steve Johnson, a spokesperson for the San Francisco Police Officers Association, said the group has always believed that the California Penal Code extended such privacy rights to officers, but that the Police Commission had regularly declined to honor them. When we contacted him, he had yet to read the Copley decision.
“We have always been of the opinion that the city should comply with the penal code…. Our attorneys have made motions in the past, but they were denied,” Johnson said.
The case that led to last week’s decision began in 2003 when a San Diego deputy sheriff was fired for failing to arrest a suspect in a 2002 domestic violence dispute involving a clearly injured female victim. The deputy then didn’t report the incident and manipulated his patrol log to depict the call as less serious than what was actually probable cause for an arrest. He appealed the termination but requested that the hearing be kept confidential.
As a result, the San Diego Union-Tribune was barred from attending the hearing, and a public records request for details of the disciplinary proceedings was denied. The paper’s parent company, Copley Press, sued to retrieve the deputy’s name, among other things, but a trial court in San Diego denied relief. Further records requests by the paper following the decision prompted the San Diego Civil Service Commission to reveal some additional details, but only in redacted form. The deputy’s name was still withheld.
Following a closed-door commission meeting, the deputy’s firing was changed to a resignation and the charge that he falsified his patrol log was removed from the record. The Union-Tribune went to an appeals court judge asking for the deputy’s name and any additional evidence of the agreement, including documents and audiotapes, from the case. The lower-court decision was overturned there. But along with the Supreme Court, where the case eventually arrived, the appeals court never technically ruled on public access to disciplinary hearings. It only addressed disciplinary records.
“[The decision] is not saying that civil service commission hearings are closed,” said Susan Seager, a First Amendment lawyer in Los Angeles who submitted an amicus brief to the Supreme Court on behalf of the Union-Tribune. “I think that’s the debate here.” But because so much material presented at the hearings comes from personnel files, Bobbitt responded, they’ll likely have to be closed in order to comply with the decision.
Journalists at the Union-Tribune, for their part, obviously dislike the ruling.
“Certainly officers have an understandable motive for being fiercely protective of their privacy,” the paper wrote in a Sept. 2 editorial. “Yet decades of scandals across the nation show that police cover-ups of internal misconduct are disturbingly common. The idea that police often operate under a ‘code of silence’ isn’t just a figment of a pulp novelist’s imagination.”
It’s not easy being a cop in this city. San Francisco for the most part ideologically opposes rigid, law-and-order conservatism. Pressure on the SFPD to do something about the city’s alarming rate of gun violence continues to swell. And few people even want to be a cop anymore, leaving the department chronically understaffed and forcing the city to pay out millions of dollars for overtime expenses.
But bad cops are a fact of life.
More than 70 cases of alleged police misconduct were sustained by the OCC and sent to Police Chief Heather Fong for action last year. Literally hundreds of misconduct cases involving still-incomplete investigations were pending by the end of 2005. The department’s own internal affairs arm, which handles additional misconduct probes, sustained 63 cases of misconduct in the second quarter of 2006.
In exchange for receiving a considerable amount of power, cops have always been responsible for maintaining a higher standard of conduct, a fact enshrined in the Police Department’s own General Orders.
“Police officers are empowered to deprive other citizens of their freedom when they violate the law,” the orders state. “Because they have this power, the public expects, and rightly so, that police officers live up to the highest standards of conduct they enforce among the public generally.”
In the 6–1 Copley ruling, Justice Kathryn Werdegar stood alone in her dissent, arguing that “the majority overvalues the deputy’s interest in privacy, undervalues the public’s interest in disclosure, and ultimately fails to implement the legislature’s careful balance of the competing concerns in this area.”
The majority opinion, written by Justice Ming Chin, stuck mostly to technical details and argued that the appeals court erred in not defining the San Diego Civil Service Commission as an “employing agency” of the deputy, a key legal distinction.
Ultimately, the convoluted decision seems to beg for clarity from the legislature, but taking on privacy rights for cops could be tantamount to political suicide in Sacramento. One of the state’s most powerful lobbying groups, the California Correctional Peace Officers Association, would be affected by changes in the law. Bobbitt warned that any attempt by the legislature to toy with the decision would be met with fierce resistance.
“Law enforcement associations will lobby very hard against any changes that would impact this decision,” he said.
The view is a little different in San Francisco. Police Commission president Louise Renne — who is hardly known as a bleeding heart liberal — told the Guardian, “I don’t think the state Supreme Court made the right decision from a public policy point of view.”
For now, at least, six state Supreme Court justices have moved one of local government’s most powerful entities deeper into the shadows. SFBG

The runners-up

0

11. DANGERS OF GENETICALLY MODIFIED FOOD CONFIRMED
Sources: “Revealed: Health Fears over Secret Study into GM Food,” Geoffrey Lean, Independent (UK), May 22, 2005; “Monsanto’s GE Corn Experiments on Rats Continue to Generate Global Controversy,” GM Free Cymru, Organic Consumers Association Web site, June 2, 2005; “GM: New Study Shows Unborn Babies Could Be Harmed,” Geoffrey Lean, Independent (UK), Jan. 8, 2006; “New Suspicions About GMOs,” Herve Kempf, le Monde and Truthout, Feb. 9, 2006
12. PENTAGON PLANS TO BUILD NEW LAND MINES
Sources: “After 10-Year Hiatus, Pentagon Eyes New Landmine,” Isaac Baker, Inter Press Service, Aug. 3, 2005; “Development and Production of Landmines,” Human Rights Watch Web site, August 2005
13. NEW EVIDENCE ESTABLISHES DANGERS OF ROUNDUP
Source: “New Evidence of Dangers of Roundup Weedkiller,” Chee Yoke Heong, Third World Resurgence, no. 176, April 2005
14. HOMELAND SECURITY CONTRACTS KBR TO BUILD DETENTION CENTERS IN THE UNITED STATES
Sources: “Homeland Security Contracts for Vast New Detention Camps,” Peter Dale Scott, New America Media, Jan. 31, 2006; “10-Year US Strategic Plan for Detention Camps Revives Proposals from Oliver North,” Peter Dale Scott, New America Media, Feb. 21, 2006; “Bush’s Mysterious ‘New Programs,’” Nat Parry, ConsortiumNews.com, Feb. 21, 2006; “Detention Camp Jitters,” Maureen Farrell, BuzzFlash
15. CHEMICAL INDUSTRY IS THE ENVIRONMENTAL PROTECTION AGENCY’S PRIMARY RESEARCH PARTNER
Sources: “Chemical Industry Is Now EPA’s Main Research Partner,” Jeff Ruch, Public Employees for Environmental Responsibility, Oct. 5, 2005; “EPA Becoming Arm of Corporate R&D,” Jeff Ruch, Public Employees for Environmental Responsibility, Oct. 6, 2005
16. ECUADOR AND MEXICO DEFY UNITED STATES ON INTERNATIONAL CRIMINAL COURT
Sources: “Ecuador Refuses to Sign ICC Immunity Deal for US Citizens,” Alexander Martinez, Agence France-Presse (School of the Americas Watch), June 22, 2005; “Mexico Defies Washington on the International Criminal Court,” Katherine Stapp, Inter Press Service, Nov. 2, 2005
17. IRAQ INVASION PROMOTES OPEC AGENDA
Sources: “OPEC and the Economic Conquest of Iraq,” Greg Palast, Harper’s in coordination with BBC Television Newsnight, Oct. 24, 2005; “Bush Didn’t Bungle Iraq, You Fools: The Mission Was Indeed Accomplished,” Greg Palast, Guardian (UK), March 20, 2006
18. PHYSICIST CHALLENGES OFFICIAL 9/11 STORY
Sources: “Y. Professor Thinks Bombs, Not Planes, Toppled WTC,” Elaine Jarvik, Deseret Morning News, Nov. 10, 2005; “Why Indeed Did the WTC Buildings Collapse?,” Steven E. Jones, Brigham Young University Web site, Winter 2005; “BYU Professor’s Group Accuses US Officials of Lying about 9/11,” Elaine Jarvik, Deseret Morning News, Jan. 26, 2006
19. DESTRUCTION OF RAINFORESTS WORST EVER
Source: “Revealed: The True Devastation of the Rainforest,” Steve Connor, Independent (UK), Oct. 21, 2005
20. BOTTLED WATER: A GLOBAL ENVIRONMENTAL PROBLEM
Source: “Bottled Water: Nectar of the Frauds?,” Abid Aslam, OneWorld.net, Feb. 5, 2006
21. GOLD MINING THREATENS ANCIENT ANDEAN GLACIERS
Sources: “Barrick Gold Strikes Opposition in South,” Glenn Walker, CorpWatch.com, June 20, 2005; “Chile: ‘Yes’ to Gold Mine, But Don’t Touch the Glaciers,” Daniela Estrada, Inter Press Service, Feb. 15, 2006
22. BILLIONS IN HOMELAND SECURITY SPENDING UNDISCLOSED
Source: “Billions in States’ Homeland Purchases Kept in the Dark,” Eileen Sullivan, Congressional Quarterly, June 22, 2005
23. US OIL TARGETS KYOTO IN EUROPE
Sources: “Oil Industry Targets EU Climate Policy,” David Adam, Guardian (UK), Dec. 8, 2005; “How America Plotted to Stop Kyoto Deal,” Andrew Buncombe, Independent (UK), Dec. 8, 2005
24. CHENEY’S HALLIBURTON STOCK ROSE MORE THAN 3,000 PERCENT LAST YEAR
Sources: “Cheney’s Halliburton Stock Options Rose 3,281 Percent Last Year, Senator Finds,” John Byrne, Raw Story, Oct. 2005; “Cheney’s Halliburton Stock Options Soar to $9.2 Million,” Sen. Frank Lautenberg’s Web site
25. US MILITARY IN PARAGUAY THREATENS REGION
Sources: “Fears Mount as US Opens New Military Installation in Paraguay,” Benjamin Dangl, Upside Down World, Oct. 5, 2005; “Dark Armies, Secret Bases, and Rummy, Oh My!,” Conn Hallinan, Foreign Policy in Focus, Nov. 21, 2005; “US Military Moves in Paraguay Rattle Regional Relations,” Sam Logan and Matthew Flynn, International Relations Center, Dec. 14, 2005 SFBG

The silent scandal

0

Editor’s note: This story has been altered to correct an error. The original version stated that an Examiner editor had admitted in court testimony to providing positive coverage to politicians in exchange for help with a business deal. The person who testified to that was not an editor, but Publisher Tim White, and he was talking about editorial, not news, coverage.

› gwschulz@sfbg.com
After William Randolph Hearst flunked out of Harvard in the 1880s, he pursued a new career path, asking his wealthy father for only one thing: the San Francisco Examiner.
Young William didn’t stop with the Examiner — over his lifetime, he accumulated dozens of newspapers nationwide. Eventually, one in five Americans regularly read a Hearst paper.
That seems like a lot of power and influence, and it was. But it’s nothing compared to what the heirs to Hearst’s media mogul mantle are doing today.
In fact, the Hearst Corp. is working with another acquisitive newspaper magnate, William Dean Singleton, to lock up the entire Bay Area daily newspaper market. If the project succeeds, one of the most sophisticated, politically active regions in the nation may have exactly one daily news voice.
That worries Clint Reilly.
The political consultant turned real estate investor has sued the Hearst Corp., owner of the San Francisco Chronicle, for the second time in a decade to stop a partnership he fears will eliminate the variety of voices among newspapers in the Bay Area.
It’s an amazing story, full of politics, big money, secretive arrangements, and juicy executive bonuses. What’s at stake? Control over one of the most lucrative businesses in Northern California.
But for the most part, you aren’t reading about it in the daily papers — which means you aren’t seeing it on TV or hearing about it on the radio.
In fact, the blackout of the inside details of the Singleton deal and Reilly’s effort to stop it is one of the greatest local censored stories of the year — and the way the press has failed to cover it demonstrates exactly what’s wrong with monopoly ownership of the major news media.
The story began in the spring when one of the nation’s more respected newspaper chains, Knight Ridder, was forced to put itself up for sale after Bruce Sherman, a prominent shareholder, decided that the company’s relatively healthy profit margins (and dozens of Pulitzers) were simply not enough.
It’s the nature of publicly traded companies to be vulnerable to shareholder insurrections, unless they have multiple classes of stock. Knight Ridder didn’t, and although its former chief executive, P. Anthony Ridder, later said he regretted the sale, Knight Ridder went on the block.
The Sacramento-based McClatchy chain bought the much bigger Knight Ridder but needed to sell some of the papers to make the deal work.
In the Bay Area, Knight Ridder’s two prime properties, the San Jose Mercury News and the Contra Costa Times, were bought by MediaNews Group, the Denver-based conglomerate run by Singleton. That was a problem from the start: Singleton already owned the Oakland Tribune, the Marin Independent Journal, the San Mateo County Times, and a series of smaller local papers on both sides of the bay. The two former Knight Ridder papers would give him a near-monopoly on daily newspaper ownership in the region; in fact, there was only one daily in the area that would be in a position to compete with Singleton. That was the San Francisco Chronicle.
But in one of the strangest deals in newspaper history, Hearst — the erstwhile competitor — joined in the action, buying two of the McClatchy papers (the Monterey Herald and the St. Paul Pioneer Dispatch) and then immediately turning them over to Singleton, in exchange for some stock in MediaNews operations outside of California.
When news of the transactions first broke, MediaNews publications and the Hearst’s Chron covered it extensively, more than once putting the billion-dollar partnership on the front pages. (The transactions also involve a company formed by MediaNews and two of its other competitors, the Stephens Group and Gannett Co., called the California Newspapers Partnership.)
Since then, however, coverage has been overshadowed by JonBenet Ramsey and local crime news. The real story of what happened between Hearst and Singleton and how it would devastate local media competition never made the papers.
If this had been a deal involving any other local big business that had a huge impact on the local economy and details as fishy as this, a competitive paper would have been all over it. And yet, even the Chron was largely silent.
In fact, when Attorney General Bill Lockyer decided not to take any action to block the deal, the Chron relegated the news to a five-paragraph Reuters wire story out of New York, buried in the briefs in the business section. The original Reuters story was cut; the news of Reilly’s suit and his allegations didn’t make it into the Chron version.
At times, the new Singleton papers have treated the story with upbeat glee: in early August, the Merc proclaimed in a headline that the area’s “New media king is having fun.”
The story noted: “MediaNews is privately held, a step removed from the Wall Street pressure that forced the Mercury News’ previous owner, Knight Ridder, to put itself up for sale…. Singleton is its leader, and by all accounts, a man who lives, breathes and loves newspapers.”
Longtime media critic and former UC Berkeley journalism school dean Ben Bagdikian, author of The Media Monopoly, told the Guardian that most of the coverage so far has focused on the business side of the transactions.
“The coverage I’ve seen has simply described the devices they used to divide the McClatchy chain and did not describe how cleverly it was designed to avoid an antitrust action,” Bagdikian said.
Here’s some of what the daily papers have ignored:
The Hearst deal was certainly good for MediaNews, because on the same day the agreement was signed, top executives at the company were awarded $1.88 million in bonuses. MediaNews president Joseph Lodovic earned the chief bonus of $1 million, while the president of MediaNews Group Interactive, Eric Grilly, received over $100,000 in bonuses on top of a $1.25 million severance package for retirement. The figures were disclosed in the company’s most recent Securities and Exchange Commission filing.
Hearst has insisted repeatedly that its investment in MediaNews involves only tracking stock, meaning its up-and-down value rests solely on the performance of MediaNews businesses outside of California. Such a structure may help the two companies comply with antitrust rules — for now.
But in a little-noticed footnote included in a July memo filed by Hearst in response to Reilly’s lawsuit, the company revealed that its tracking stock could still be converted to MediaNews common stock in the future — meaning it would then have a stake in the entire company, including its Bay Area holdings. “The tracking stock will be convertible into ordinary MNG common stock, but that will require a separate, future transaction and its own Hart-Scott-Rodino review,” the July 25 document states.
In other words, public records — information freely available to the 17-odd business reporters at the Chronicle — show that Hearst’s fundamental presentation of the deal is inaccurate. Hearst is not just a peripheral player in this deal; the company is a direct partner with Singleton and thus has no economic incentive whatsoever to compete with the Denver billionaire.
And that means there will be no real news competition either.Reilly has been in politics most of his adult life, and he knows what happens when one entity controls the news media: perspectives and candidates that aren’t in favor with the daily papers don’t get fair coverage.
Newspapers, he told us recently, are charged with checking the tyranny of government; without competition they will fail to check the tyranny of themselves.
“The combination intended to be formed by these defendants constitutes nothing less than the formation of a newspaper trust covering the Greater San Francisco Bay Area,” Reilly’s suit states, “implemented through anticompetitive acquisitions of competing newspapers, horizontal divisions of markets and customers, and agreements not to compete, whether expressed or implied.”
A federal judge recently tossed Reilly’s request for a temporary restraining order against the Hearst transaction. But Reilly’s overall lawsuit, designed to stop Hearst’s $300 million investment in MediaNews, will still wind its way through the courts, and Judge Susan Illston signaled in her last order that she would “seriously consider” forcing MediaNews to give up some of its assets if the court finds the company’s transactions to be anticompetitive.
There are clear grounds to do that. In fact, as Reilly’s attorney, Joe Alioto, points out in his legal filings, the monopolists have made the argument themselves. When Reilly sued to block the Examiner-Chronicle deal in 2000, Hearst, which wanted to buy the Chron and shutter the Examiner, argued that closing the Examiner would have no competitive impact — since all the other competing Bay Area papers provided the reader and advertiser with a choice. Now the lawyers are arguing just the opposite — that the Chron and the outlying papers never competed in the first place.
Hearst will more than likely argue in court that since its newspapers face unprecedented competition from online content, there’s technically no such thing as a one-newspaper town. The world is globally connected now, this thinking goes, and the Chron and MediaNews both face competition from popular blogs such as Daily Kos and Valleywag on the West Coast and Gawker and Wonkette on the East Coast.
But that ignores a media reality: for all the power and influence of bloggers and online outlets, daily newspapers still have the ability to set the news agenda for a region. Among other things, local TV news and radio stations regularly take their cues from the daily papers — meaning that a story the dailies ignore or mangle never gets a real chance.
MediaNews argues in its most recent memo to Judge Illston that “any potential anticompetitive effect of the transactions against which the Complaint is directed is greatly offset and outweighed by the efficiencies that will result from those transactions.”
“Efficiencies” isn’t actually defined, but if the past is any indication, jobs could be the first place MediaNews looks to “efficiently” save money for its investors — at the cost of performing the traditional role of a newspaper to monitor government.
Reporting — real reporting — is expensive. It requires experienced journalists, and a good paper should give them the time and resources not only to watch day-to-day events but also to dig deep, below the headlines.
That’s not the monopoly media style.
Speaking in general terms, Jon Marshall, who runs the blog Newsgems and teaches at Northwestern University’s Medill School of Journalism, wrote us in an e-mail that newspapers have to be willing to invest in innovation now, while there’s still time.
“If newspapers really want to win back readers, they’ll need to start offering more outstanding feature stories that really dig deep and have a big impact on their communities,” Marshall wrote. “Readers need a reason to turn to newspapers rather than all the other content that’s now available through the Web. Newspapers will have a hard time creating these outstanding stories on a consistent basis if they keep paying their current skimpy entry-level salaries.”
The pattern Singleton is known to follow isn’t unique. A recent survey conducted by journalism students at Arizona State University revealed that the nation’s largest newspapers are giving reduced resources to investigative and enterprise reporting as media companies trim budgets to maintain or increase profits. More than 60 percent of the papers surveyed, the report stated, don’t have investigative or projects teams.
Brant Houston, executive director of Investigative Reporters and Editors, told us that while teams of reporters dedicated exclusively to investigations may be disappearing, many papers are willing to pull staffers away from their regularly assigned beats to make sure that big stories are thoroughly covered. But, he said, Wall Street’s haste to make money could backfire if readers head elsewhere in search of more exclusive content.
“I think everything is in flux right now,” Houston said. “Everyone’s trying to figure out what the next newsroom looks like.”
Luther Jackson, an executive officer of the San Jose Newspaper Guild, which represents staffers at the Merc, said it’s too early to determine the impact of MediaNews on the paper. The union just recently began new contract negotiations with the company, while the previous agreement, which expired in June, remains in place. Jackson said he didn’t believe the Merc’s Silicon Valley readers would tolerate any dramatic dip in quality coverage.
“We have a problem with the idea that you can cut your way to excellence,” Jackson said.
Just six years ago, after Reilly sued Hearst the first time to stop its purchase of the Chronicle and subsequent attempt to shut down the Examiner, trial testimony revealed that the Examiner had, in fact, abused its editorial power to advance its business interests. Examiner Publisher Tim White admitted in open court that he had traded favorable editorial coverage to then-mayor Willie Brown in exchange for his support of the Chronicle purchase.
Reilly lost that one — but for now this case is moving forward. The suit could be the last legal stand for people who still think it’s wrong for one person to dominate the news that an entire region of the country depends on — and at the very least will force the story of what really happened out into the open. SFBG
PS At press time, Judge Illston ordered the trial be put on the fast track and set a trial date for Feb. 26, 2007. See the Bruce blog at www.sfbg.com for more info.

Eureka! Here comes even more Eurekaism! (part 3)

1

Hearst was last seen covering the big Hearst/Singleton deal via Reuters out of New York. Now it is blacking out the story completely. A tale of two footnotes tells all.

By Bruce B. Brugmann

Just in time to update our annual Project Censored package, the Hearst/Chronicle demonstrated yet again how the galloping Conglomerati are covering the big story in Eureka (where the MediaNews Group/
Singleton are competing headon with a local upstart daily) — and blacking out the much bigger story in the Bay Area where Hearst and Singleton are destroying daily competition and forming a regional monopoly, aided and abetted by the McClatchy, Gannett, and Stephens newspaper chains.

The major new development: The federal judge in the
Clint Reilly/Joe Alioto lawsuit against the deal okayed an agreement between lawyers from both sides to fast-track the suit and set a trial date for Feb. 26.
Obvioiusly, this is a major local news story. Josh Richman, a staff writer for the Singleton’s East Bay group, wrote a story dated Saturday, Sept. 2, headlined “Newspaper suit put on legal fast track.” The story quoted Alioto as saying on Monday Sept. 4 that he and Reilly “are grateful that the court has ordered an expedited trial date in this very important antitrust case which seeks to prevent the monopolization of newspapers in the Bay Area.”

The story quoted MediaNews president Jody Lodovic as offering “no comment except to note that the case was accelerated by mutual agreement. Hearst spokesman Paul Luthringer (B3 note: who he? where he? New York? ) said his company wouldn’t comment.” It is always great sport, of course, when publishers under fire say “no comment” to their own reporters.

Hearst’s last story on the deal came from the Reuters New Service out of New York (which it butchered, see my earlier blog.) This time, the Chronicle simply blacked out the story completely. The Singleton story left out a key point: that Hearst had invested $399 million in the deal and that the two major chains were becoming jolly good business and editorial partners in creating an unprecedented Bay Area newspaper monopoly. Both chains are sweating mightily to create the impression this is no big deal, there isn’t much of a story here, that Justice and the AG have cleared it, and Clint Reilly is just, well, Clint Reilly, and there is nothing to the lawsuit, and certainly nothing for anybody to worry about. Peace!

However, there is a deadly time bomb in the deal and it is hidden in a tiny footnote in Hearst’s July 25 filing in the suit. The footnote disclosed that Hearst is a major potential major investor and partner with Singleton. Here’s how it works: Hearst has stated repeatedly that its $299 million equity investment in MediaNews will be based on what is known as “tracking stock.” In other words, the value of the MediaNews stock will rise and fall depending solely on the performance of MediaNews businesses outside the Bay Area, which was a legal structure set up presumably to help the deal survive anticipated antitrust scrutiny.

However, Hearst admitted in the footnote that in the future the “tracking” stock “will be convertible into ordinary MNG common stock.” Hearst added that any such conversion will require additional antitrust review. Federal Judge Susan Illston picked up on the significance of this footnote in her own footnote in her ruling knocking out the Reilly request for temporary restraining order. She stated, “Although Hearst’s proposed interest in MediaNews does not include MediaNews Bay Area publications, Hearst implies in its filings that it will seek permission at a future time to convert its interest in MediaNews into MediaNews common stock.” (See the G.W. Schulz story in the current print and online Guardian).

Voila! In this mysterious tale of the two footnotes, the closely held secret is finally revealed: Hearst and Singleton are working hard to be partners, cheek to cheek, jowl to jowl, shoulder to shoulder, hip to hip. And this fact, among many others, demonstrates in 96 point Garamond Bold why they have employed Eurekaism and censored a big local story about newspaper monopoly, the local censored story of the year, while going hellbent to cover the story about Singleton’s competition in Eureka.

Stop the presses: Frances Dinkelspiel, in her Wednesday Aug. 30 blog (see link below), spotted a juicy Eureka and posted it under the head “Newspaper Coverage in the Bay Area is Shrinking.” Her lead: “the latest evidence of media consolidation in the Bay Area screamed out all over the front pages on Wednesday.”

She pointed out that the four major papers in the region (Hearst/Chronicle and the Singleton/Contra Costa Times/San Jose Mercury News/Oakland Tribune) all prominently displayed the same story–the story of the motorist who deliberately drove his car into l4 pedestrians, killed one man in Fremont, and injured l3 others in San Francisco.

“On Wednesday,” she said, “instead of four distinct stories on the region’s front pages, there were only two—one from the Chronicle and one from the MediaNews group.” (Merc reporters did the story for the three Singleton papers.) She concluded, “That’s a huge loss for Bay Area readers. Competition improves news coverage. What will readers miss out on in the future? What will readers miss out on in the future? This was just a police story; imagine the impact when the big story deals with corruption or another important, but less easily reported event. If fewer reporters are tracking the story, there will be fewer revelations.”
Eureka!

Postscript: Let’s keep the Eureka exercise going. Anybody who spots a Eurekaism, an example of the galloping Conglomerati censoring a local story, please send it along to the Guardian and the Bruce blog and any of the handful of independent voices left in the Bay Area. B3

The silent scandal

The Mercury News

Ghost Story

Newspaper suit put on legal fast track – Inside Bay Area

Bailed Wolf worries proposed federal reporter’s shield laws won’t protect independent press

0

By Sarah Phelan
Like a mole emerging from a hole, bespectacled freelance journalist Josh Wolf squinted into the September sunlight, as he stood on the steps outside the U.S. Court of Appeals 9th Circuit building on Seventh Street in San Francisco. It was the 24-year-old’s first taste of freedom after a month-long stint inside Dublin Federal Correctional Institute for refusing to give a federal grand jury video outtakes of an anarchist protest turned violent.
During his stretch at Dublin, Wolf was only able to breathe fresh air for an hour each day, and he looked as if was relishing the feeling of the sun on his skin, as he voiced his belief that what should have been a SFPD investigation into an assault on an officer, turned into a federal witch hunt, which so far has involved the FBI, the Joint Taskforce on Terrorism, a grand jury—and the thousands of tax payers’ dollars to prosecute and jail him.
As Wolf, who’d traded prison dudes for black jeans, blue shirt and white sneakers, began to speak, jackhammers went off across the the road, as if some evil mastermind was making a last ditch effort to censor the truth. The crowd of camera wielding, microphone-holding paparazzi pressed closer, as Wolf expressed his hope that the 9th Circuit’s decision to grant him bail was a positive sign. (A month earlier, District Court Judge Alsup denied Wolf bail, calling his case “a slamdunk for the federal government.”)
“The late Senator Paul Wellstone once said that significant social change comes from the bottom up,” said Wolf, who hopes his case will ultimately help cement the rights of the independent, as well as those of the traditional, media. Expressing concern that the federal shield laws that are currently on the table “do not encompass people who meet my criteria,” Wolf critiqued the proposed laws for only protecting those who are employed by or under contract with an established media outlet.
‘There should be a common law to protect journalists,” he said, voicing the belief that anyone who is involved in gathering and disseminating news and information is a journalist, whether they are paid for their activities or not.
“I am a journalist, I have a website, I’ve sold footage, including to MichaelMoore.com,” said Wolf, who worries that proposed federal reporter shield laws will create two classes of journalists, those that report and get paid, and those that do it out of volition. “It will create a corporatocracy in which only corporations are media,” he said. “It goes against the idea of a free and independent press.”
He also critiqued what he saw as an increasing abuse of grand juries, which were established to protect the rights of those accused, but increasingly appear to resemble military tribunals and are used so the feds to secretly coerce and investigate targets.
“There is no means that any extended stay in jail is going to bring about a coercive effect,” said Wolf, who believes the case of former New York Times journalist Judith Miller, as well as those of the two BALCO reporters from the San Francisco Chronicle who still face jail time, helped publicize his plight, as well as the blogosphere.
‘It’s egregious that the feds took up an investigation into an assault in a SFPD office,’ said Wolf, who believes that the alleged arson to a SFPD car was used as a hook, simply because SFPD receives federal funds.
“In my tape you hear someone yell, ‘Officer Down!’ That’s the extent of it,” said Wolf, in reply to the question of what interest the feds could possibly have in his clips on the cutting room floor.”
“I don’t want my case to be a reason why people don’t get involved in grassroots journalism,” he said,a cknowledging that his case shows there are risks, “An individual can decide what’s important and truly change thw world we live in,” he said, comparing that freedom to the restrictions imposed on journalists who work for corporate media.”
To help freelancers, Wolf would like to see more information out there on what independent journalists should do if they are subpoenaed. “Know your rights and how to protect them,” he advised.
By the way, when was the last time that an assault on a SFPD triggered a federal investigation, involving the FBI, the JTTF, a grand jury and a reporter doing jail time?

Bailed Wolf worries federal shield laws won’t protect independent press

0

Like a mole emerging from a hole, bespectacled freelance journalist Josh Wolf squinted into the September sunlight, as he stood on the steps outside the U.S. Court of Appeals 9th Circuit building on Seventh Street in San Francisco. It was the 24-year-old’s first taste of freedom after a month-long stint inside Dublin Federal Correctional Institute for refusing to give a federal grand jury video outtakes of an anarchist protest turned violent.
During his stretch at Dublin, Wolf was only able to breathe fresh air for an hour each day, and he looked as if was relishing the feeling of the sun on his skin, as he voiced his belief that what should have been a SFPD investigation into an assault on an officer, turned into federal witch hunt, involveing the FBI, the Joint Taskforce on Terrorism, a grand jury—and the thousands of tax payers’ dollars to prosecute and jail him.
As Wolf, who’d traded prison dudes for black jeans, blue shirt and white sneakers, began to speak, jackhammers went off across the the road, as if some evil mastermind was making a last ditch effort to censor the truth. The crowd of camera wielding, microphone-holding paparazzi pressed closer, as Wolf expressed his hope that the 9th Circuit’s decision to grant him bail was a positive sign. (A month earlier, District Court Judge Alsup denied Wolf bail, calling his case “a slamdunk for the federal government.”)
“The late Senator Paul Wellstone once said that significant social change comes from the bottom up,” said Wolf, who hopes his case will ultimately help cement the rights of the independent, as well as those of the traditional, media. Expressing concern that the federal shield laws that are currently on the table “do not encompass people who meet my criteria,” Wolf critiqued the proposed laws for only protecting those who are employed by or under contract with an established media outlet.
“There should be a common law to protect journalists,” he said, voicing the belief that anyone who is involved in gathering and disseminating news and information is a journalist, whether they are paid for their activities or not.
“I am a journalist, I have a website, I’ve sold footage, including to MichaelMoore.com,” said Wolf, who worries that proposed federal reporter shield laws will create two classes of journalists, those that report and get paid, and those that do it out of volition. “It will create a corporatocracy in which only corporations are media,” he said. “It goes against the idea of a free and independent press.”
Wolf also critiqued what he saw as an increasing abuse of grand juries, which were established to protect the rights of those accused, but increasingly appear to be used by the feds to secretly coerce and investigate targets.
“There is no means that any extended stay in jail is going to bring about a coercive effect,” said Wolf, who believes the case of former New York Times journalist Judith Miller, as well as those of the two BALCO reporters from the San Francisco Chronicle who still face jail time, helped publicize his plight, as did the blogosphere.
‘It’s egregious that the feds took up an investigation into an assault in a SFPD office,’ said Wolf, who believes that the alleged arson to a SFPD car was a hook, allowing the feds in simply because SFPD receives federal funds.
“In my tape you hear someone yell, ‘Officer Down!’ That’s the extent of it,” said Wolf, in reply to the question of what interest the feds could possibly have in his clips on the cutting room floor.
“I don’t want my case to be a reason why people don’t get involved in grassroots journalism,” he said, acknowledging that his case shows there are risks involved. “But an individual can decide what’s important and truly change the world we live in,” he said, comparing that freedom to the restrictions imposed on journalists who work for corporate media.”
To help freelancers, Wolf would like to see more information out there on what independent journalists should do, if they are subpoenaed. “Know your rights and how to protect them,” he advised.

MONDAY

0

Sept. 4

Music

Brian Jonestown Massacre

Local legends the Brian Jonestown Massacre will be playing two dates at the Independent before taking off on a world tour. The group, born out of the Haight Ashbury, were the original revivalists of psych rock. Though far more influenced by occultism than patchouli, the BJM set the stage for the present-day influx of irreverent, freak-fantastic SF bands. The B-list acclaim they enjoyed for their part in the 2004 documentary DiG! resulted in Joel Gion’s reign as the most infamous tambourine player of all time. (K. Tighe)

Also Tues/5
With the Tyde
9 p.m.
Independent
628 Divisadero, SF
$16
(415) 771-1421
www.brianjonestownmassacre.com
www.independentsf.com

Visual art

“Clinks and My If’s”

Jeff K. Butler’s art is precise, delivering witty conceptual jokes that rely equally on language and materials to deliver the punch line. World’s Lightest Painting is hand lettered on white Styrofoam, enclosed in a white Styrofoam frame, and probably weighs all of a few ounces. For Sale replicates a classic black, orange, and white “For Sale” sign. The joke is revealed on the wall tag after careful observation: it’s the only piece in the show that’s priced. The show’s other pieces contain similar wry observations – Canvas refers to the canvas of a punching bag – and speak to the poet’s capacity to cross over easily into art without pausing in between. (Katie Kurtz)

Through Sept. 23
Mon.-Fri., 10 a.m.-5 p.m.
Lew Gallery
New College of California, 766 Valencia, SF
Free
(415) 437-3458

The flaws in the Josh Wolf case

0

› sarah@sfbg.com
Last week the California State Assembly and Senate unanimously asked Congress to pass a federal shield law to protect journalists from being forced to disclose unpublished material and the identity of a source.
Part of the motivation for the new push for federal legislation is the recent spate of federal attempts to imprison journalists who won’t give up their confidential sources. The latest victim of that crackdown, Josh Wolf, is in federal confinement after refusing to give prosecutors outtakes from a video he shot of a demonstration at which a San Francisco police officer was injured and a taillight was broken on a cop car (see “The SFPD’s Punt,” 8/23/06).
And while Congress is reviewing the case for protecting journalists, the Guardian has taken a hard look at the case against Josh Wolf — and it’s looking more dubious every day.
For starters, the local cops and the federal prosecutors are trying to claim that Wolf isn’t really a reporter.
That’s what sources in the San Francisco Police Department and the US Attorney’s Office tell us, and it’s borne out by the way the feds are pressing their case in court. In legal briefs, the government never refers to Wolf as a journalist, only as a witness. One federal official, who spoke on the condition he not be identified, likened Wolf to a convenience store owner who has a security camera that catches criminal activity on tape.
There are all sorts of problems with this argument — the first being that the courts have never formally contested Wolf’s journalistic credentials. In fact, the local prosecutors admit in legal briefs that they contacted Washington to seek permission to subpoena Wolf — a process that’s required whenever journalists face this sort of legal action.
As Peter Scheer of the California First Amendment Coalition points out, “The Justice Department claims it complied with regulations that say you can’t subpoena a journalist for outtakes without getting a special order from the attorney general.”
Scheer also notes that under California law, even bloggers enjoy the reporter’s privilege, as recently established when Apple Computer unsuccessfully tried to obtain the identities of sources who allegedly leaked business secrets to bloggers.
Lucy Dalglish, executive director of the Virginia-based Reporters Committee for Freedom of the Press, says that a case for Wolf qualifying as a journalist could be made under both the House and Senate versions of the Free Flow of Information Act, simply because Wolf was paid for broadcasting his video of the protest.
“In the Senate version, you have to be involved in journalism for money, make some part of your livelihood from it, while the House version is even broader,” said Dalglish.
Watching the part of Wolf’s video that he’s made public, which is posted online at www.joshwolf.net and was aired without his consent by at least three major TV networks before he was eventually compensated, it’s easy to speculate that the SFPD would not have delighted in the picture it paints of local law enforcement.
The footage of the July 8, 2005, protest begins peacefully with protesters, many of them wearing black ski masks, carrying banners saying “Anarchist Action,” “War is the Symptom, Capitalism is the Disease,” and “Destroy the War Machine.” As night comes on, the mood sparkles, then darkens. Someone lights a firecracker, smoke rises, helmeted police arrive, newspaper boxes are turned over, a Pacific Gas and Electric Co. office is sprayed with paint, and suddenly a police officer is captured holding a protester in what appears to be a choking position, while someone shouts, “Police brutality! Your career is over, fajita boy!” and an officer warns, “Leave or you’re going to get blasted. I’m a fed, motherfucker.”
At the same demonstration, Officer Peter Shields was hit in the head while charging into a crowd of protesters — and nobody knows exactly who hit him. That’s not on the public part of Wolf’s video, and Wolf and his lawyers insist there is no footage of the attack. Wolf fears that the government may be looking for something else — perhaps some video of other protesters — and will ask him to identify them. He refused to turn over the outtakes.
Carlos Villarreal, executive director of the National Lawyers Guild, says District Court Judge William Alsup, who ordered Wolf to jail, “made a big deal that Josh did not have agreement with a confidential source, but his argument turns Josh’s video equipment into a de facto government surveillance camera.”
Noting that there is a lot of trust between Wolf and protesters at demonstrations — “People aren’t afraid to go up to the camera and say, ‘Did you check out the pig that’s kicking a guy down the street?’” — Villarreal claims that “independent journalists are harder to see and spot than their corporate counterparts.”
The second, perhaps equally troubling problem is that the Wolf case should never have gone to the federal level in the first place.
Alan Schlosser, legal director of the American Civil Liberties Union of Northern California, told us there are a lot of red flags in the Wolf case, “beginning with the question, ‘Is there a legitimate federal law enforcement issue here?’”
The federal agents from the Joint Terrorism Task Force (JTTF) and the FBI didn’t choose to investigate the case — the San Francisco cops requested assistance. That in itself was odd: why is an assault on an officer a federal affair?
Schlosser asks, “Were the feds called in because they aren’t bound by the state’s reporter’s shield law?”
In theory, the local cops say it’s a federal issue because a cop car was damaged — and the city gets money from the federal government for law enforcement. Schlosser said it’s disturbing that “the SFPD doesn’t have to show the federal funds went towards paying for the allegedly damaged car…. So that statute could be applied to any number of situations. It’s very troubling. It federalizes law enforcement around demonstrations.”
A highly placed source in the SFPD offered a somewhat alarming explanation: the feds were brought in, the source said, not because of shield law issues but because the cops figured the JTTF and the US Attorney’s Office would move faster and more aggressively than San Francisco district attorney Kamala Harris, who has not been on the best terms with the local police.
In other words, if this source is correct, the SFPD is choosing who will prosecute crimes — based on politics, not the law.
As of press time, all Harris’s office was saying was that “the DA strongly believes in the First Amendment and the rights of the press. She also believes in justice for members of the SFPD. An officer was gravely injured that evening, and those responsible need to be held accountable.”
Asked why the federal government was involved in the investigation, Luke Macaulay, a spokesperson for the US Attorney’s Office, said, “This is not an attempt to profile anarchists and dissidents. It’s an attempt to get to the bottom of a crime.”
Macaulay also referred us to federal filings with the US District Court, which conclude that “the issue could not be more straightforward…. The incident is under investigation so that the grand jury can determine what, if any, crimes were committed.”
As far as we can tell, there’s nothing in writing that lays out when a San Francisco cop is allowed to ask for federal intervention in a case. All the SFPD General Orders say is that department members requesting assistance from an outside agency have to obtain the permission of a deputy chief.
According to records from the Investigations Bureau General Work Detail, Inspector Lea Militello filed a request for assistance from the FBI and JTTF to investigate a “serious assault against an SF police officer.” It was approved by Captain Kevin Cashman and Timothy Hettrich, deputy chief of investigations.
As of press time, the SFPD had not returned our calls inquiring why the FBI and JTTF were involved in an assault case, which is usually the domain of the DA’s Office.
David Campos, a member of the San Francisco Police Commission, said he thinks the commission needs to look at the issue “to make sure investigations are federalized when it’s appropriate and not as a way of getting around California’s shield laws.”
Reached Aug. 23 by phone in the Dublin Federal Correctional Institute, where he’s been held since Aug. 1, Wolf suggested that the feds are after more than pictures. “The Un-American Affairs Committee [in the 1950s] called in one person and forced them to make a list of all the people they knew. It was like Communist MySpace. So, I anticipate that they want all my contacts within the civil dissent movement.”
Wolf said he offered to let the judge view his video, which he insists does not capture the arson or assault. “There should not be a federal investigation. I published my video. They can use that to do their investigation.” SFBG
With all briefs filed, a decision on the Josh Wolf case is expected by Sept. 4.

BAY AREA FALL FAIRS AND FESTIVALS

0

SEPT. 2–4
Art and Soul Oakland Frank Ogawa Plaza and City Center, 14th St and Clay, Oakl; (510) 444-CITY, www.artandsouloakland.com. 11am-6pm. $5. The sixth incarnation of this annual downtown Oakland festival includes dance performances, lots of art to view and purchase, an expanded “Family Fun Zone,” and a notably eclectic musical lineup. Big-name musical performers include New Found Glory, Rickie Lee Jones, Calexico, and the Silversun Pickups.
Sausalito Art Festival Army Corps of Engineers-Bay Model Visitor Center and Marinship Park, Sausalito; (415) 331-3757, www.sausalitoartfestival.org. Call or check Web site for time. $5-20. The Sausalito waterfront will play host to hundreds of artists’ exhibits, as well as family entertainment and top-notch live music from the likes of Ramblin’ Jack Elliott, Dick Dale, and the Lovemakers.

SEPT. 2–24
Free Shakespeare in the Park Parade ground in the Presidio, SF; (415) 558-0888, www.sfshakes.org. Sat, 7:30pm; Sun and Labor Day, 2:30pm. Free. Shakespeare’s The Tempest gets a brilliant rendition under the direction of Kenneth Kelleher on the outdoor stage: families fostering budding lit and theater geeks should take note.

SEPT. 4
Cowgirlpalooza El Rio, 3158 Mission, SF; (415) 282-3325, www.elriosf.com. 4pm. $10. This sure-to-be-twangy evening on el Rio’s patio features music by the most compellingly country-fried female musicians around, including Austin’s the Mother Truckers, 77 el Deora, and Four Year Bender.

SEPT. 9
Brews on the Bay Jeremiah O’Brien, Pier 45, SF; www.sfbrewersguild.org. 12-4:30pm. $8-40. Beer tasting, live music, and food abound at the San Francisco Brewers Guild’s annual on-deck showcase.
911 Power to the Peaceful Festival Speedway Meadows, Golden Gate Park, SF; (415) 865-2170, www.powertothepeaceful.org. 11am-5pm. Free. This event calling for international human rights and an end to bombing features art and cultural exhibits, as well as performances by Michael Franti and Blackalicious.

SEPT. 9–10
Chocolate Festival Ghirardelli Square, 900 N Point, SF; www.ghirardellisq.com. 12-5pm. Free. An indisputably fun weekend at the square includes chocolate goodness from over 30 restaurant and bakery booths, various activities for kids and families, and a “hands free” Earthquake Sundae Eating Contest.
San Francisco Zinefest CELLspace, 2050 Bryant, SF; (415) 750-0991, www.sfzinefest.com. 10am-5pm. Free. Appreciate the continuing vitality of the do-it-yourself approach at this two-day event featuring workshops and more than 40 exhibitors.

SEPT. 10
Solano Avenue Stroll Solano between San Pablo and the Alameda, Berkeley and Albany; (510) 527-5358, www.solanoave.org. 10am-6pm. Free. This long-running East Bay block party features a clown-themed parade, art cars, dunk tanks, and assorted artsy offerings of family fun, along with the requisite delicious food and musical entertainment.

SEPT. 16–17
Mill Valley Fall Arts Festival Old Mill Park, Mill Valley; (415) 381-8090, www.mvfaf.org. Sat, 10am-6pm; Sun, 10am-5pm. $7. Dig this juried show featuring original fine art including jewelry, woodwork, painting, ceramics, and clothing.

SEPT. 17
Arab Cultural Festival County Fair Building, 9th Ave and Lincoln, Golden Gate Park, SF; www.arabculturalcenter.org. 10am-7pm. $2-5. Lissa Faker (Do you still remember?) is the theme for this year’s Arab Cultural Festival, featuring a bazaar with jewelry, henna, and Arab cuisine, as well as assorted folk and contemporary musical performances.

SEPT. 23–24
Autumn Moon Festival Grant between California and Broadway and Pacific between Stockton and Kearney, SF; (415) 982-6306, www.moonfestival.org. 11am-6pm. Free. At one of Chinatown’s biggest annual gatherings, you can see an acrobatic troupe, martial artists, street vendors, and of course, lots of moon cakes. I like the pineapple the best.

SEPT. 24
Folsom Street Fair Folsom between Seventh St and 12th St, SF; www.folsomstreetfair.com. 11am-6pm. Free. The world’s largest leather gathering, coinciding with Leather Pride Week, features a new Leather Women’s Area along with the myriad fetish and rubber booths. Musical performers include My Life with the Thrill Kill Kult, the Presets, and Blowoff, Bob Mould’s new collaboration with Richard Morel.

SEPT. 29–OCT. 1
A Taste of Greece Annunciation Cathedral, 245 Valencia, SF; (415) 864-8000, www.sfgreekfoodfestival.org. Call or check Web site for time. $5. Annunciation Cathedral’s annual fundraising event is an all-out food festival where you can steep yourself in Greek dishes, wine tasting, and the sounds of Greek Compania.

OCT. 3
Shuck and Swallow Oyster Challenge Ghirardelli Square, West Plaza, 900 North Point, SF; (415) 929-1730. 5pm. Free to watch, $25 per pair to enter. How many oysters can two people scarf down in 10 minutes? Find out as pairs compete at this most joyous of spectacles, and head to the oyster and wine pairing afterward at McCormick and Kuleto’s Seafood Restaurant, also in Ghirardelli Square.

OCT. 5–9
Fleet Week Various locations, SF; (650) 599-5057, www.fleetweek.us. Cries of “It’s a plane!” and “Now there’s a boat!” shall abound at San Francisco’s impressive annual fleet gathering. Along with ship visits, there’ll be a big air show from the Blue Angels and the F-16 Falcon Demonstration Team.

OCT. 5–15
Mill Valley Film Festival CinéArts at Sequoia, 25 Throckmorton, Mill Valley; 142 Throckmorton Theatre, 142 Throckmorton Ave, Mill Valley; Christopher B. Smith Rafael Film Center, 1118 Fourth St, San Rafael; (925) 866-9559, www.mvff.com. Call or check Web site for times and prices. Documentaries and features of both the independent and international persuasion get screentime at this festival, the goal of which is insight into the various cultures of filmmaking.

OCT. 6–14
Litquake Various locations, SF; www.litquake.org. San Francisco’s annual literary maelstrom naturally features Q&As and readings from a gazillion local authors, but also puts on display a staged reading of an Andrew Sean Greer story, music from Jay Farrar and Ray Manzarek, and a storytelling session with Sean Wilsey and his mother, Pat Montandon.

OCT. 12–15
Oktoberfest by the Bay Fort Mason Center, Marina at Laguna, SF; www.oktoberfestbythebay.com. Check Web site for times. $5-15. One of the few places your lederhosen won’t look silly is the biggest Oktoberfest left of Berlin, where the Chico Bavarian Band will accompany German food and a whole lotta beer.

OCT. 28–29
Wonders of Cannabis Festival County Fair Building, 9th Ave and Lincoln, Golden Gate Park, SF; (510) 486-8083, www.cannabisactionnetwork.org. 11am-7pm. $20. Ed Rosenthal, cannabis advocate extraordinaire, presents contests in comedy and joint rolling, cooking demonstrations, two musical stages, and some heavy-duty speakers: Terrence Hallinan, Ross Mirkarimi, Tommy Chong, and interestingly, Rick Steves of the eponymous PBS travel show. SFBG

Why people get mad at the media, part 8, Business Week/McGraw Hill finally does the right thing and publishes two retractions

4

As you may remember from my spine-tingling serial blogs, I have now spent more than two weeks scampering up and down the hills and through the bogs with the BW/MH folks in San Francisco and their towering headquarters building in midtown Manhattan. I was trying to get a simple correction on some mistakes it made in its Aug. l4th cover story (“Valley boys: how this 29-year-old kid made $60 million in l8th months.”) Here is a recap and a play-by-play:

BW/MH in its first three lines in its first paragraph in its lead story made two bad mistakes. The lead: “It was June 26, 4:45 a.m., and Digg founder Kevin Rose was slugging back tea and trying to keep his eyes open as he drove his Volkswagen Golf to Digg’s headquarters above the grungy offices of the SF Weekly in Potrero Hill.” The first mistake: Digg.com is a tenant of the Guardian in the Guardian building at l35 Mississippi St., and its offices are above the Guardian offices. The SF Weekly is our chain competitor, owned out of Phoenix, Arizona, and its offices are on the other side of Mission Bay. The second mistake: our offices are not “grungy” and the BW/MH reporters were never in our offices.

I decided, what the hell, I’ll go through the drill and try to get a correction. And so I fought my way up the chain of command, by phone and email, from the sales offices in San Francisco to another office on the Peninsula to editorial offices high up in the BW/MG building on the Avenue of the Americas in New York. Finally, I got a call back from Mary Kuntz, an assistant managing editor who contended that the magazine had already done a correction in its online edition, replacing the SF Weekly offices with the Guardian offices.

This correction also ran in the Aug. 2l edition under a “Corrections and Clarifications” head: “The offices of Digg.com, featured in Valley boys” (Cover story, Aug. l4), are located above those of the San Francisco Bay Guardian, not SF Weekly.” Thanks, I said, noting the change from “grungy” offices to “grungy” lobby and how this was an admission that confirmed the reporters were never in our offices. I argued that leaving that pesky word “grungy” in the online edition and not taking it out of the printed edition only made the “correction” even more worse. She refused to budge, so my wife Jean Dibble, co-founder and co-publisher, went around the paper and took pictures and put them on my blog to try to prove our point that our offices weren’t “grungy.” Maybe this turned the tide. Kuntz went back to confer with some mysterious unnamed editor back in the headquarters ozone.

She called back a couple days later and said they were making another correction. Okay, I said, read it to me. The new correction said that the offices were not “grungy,” but the lobby was “grungy.” I was astounded. How in the world, I asked, can the editors in New York say that our lobby was “grungy” when they hadn’t seen it? She replied that her reporters had and they thought it was “grungy.” Well, I reminded her that the dictionary defined “grungy” as being in a “shabby or dirty in character or condition” and asked specifically what was “grungy” about our lobby? Was it our community bulletin board? Was it our community table for the city’s independent papers? Was it our “free press board” with a map from the Freedom House in New York showing the world’s free, partly free, and not free press, country by country? Was it the alerts from international free press organizations about murdered and jailed journalists? Was it our vintage UPI ticker machine, used in the old UPI office in San Francisco, one of the historic items in a San Francisco journalism museum project that we are helping establish? Was it the famous clock from the window of the old Brugmann’s Drug Store in Rock Rapids, Iowa, which the townsfolk used for decades to set their watches? (We display the clock on the wall near our reception desk.) Or was it perhaps the colorful mural of alternative San Francisco on the outside wall of the Guardian? She said no to all the questions. I then laid down the ultimate threat: Jean Dibble would this time around do pictures of the lobby, the clock, and the mural and put them up on my blog on the Guardian website. Maybe that did the trick.

Kuntz called back a couple of days later and read me the second correction. Fine and thanks, thanks, I said. It ran in the Sept. 4 edition as follows: “In our Aug. l4th cover story on Digg.com, we incorrectly described the offices of the San Francisco Bay Guardian as grungy. We regret the error.”

Amazing. I appreciate the corrections and I appreciate that BW/McGraw Hill did the right thing. I told Kuntz that, if she came to San Francisco, I would invite her (and that mysterious inside editor back in the stacks) for a Potrero Hill martini at the Connecticut Yankee. Or, when I come to New York, I would invite her (and that mystery editor) for a martini at the West End Bar (my old hangout on ll3th and Broadway when I was at the nearby Graduate School of Journalism at Columbia University.) Cheers!

Summing up: how to fight for a correction, how the media should handle reader complaints, the correction policy of the Guardian and the model policy of the Minnesota New Council, an impartial, independent, non-government organization that hears and considers complaints against the news media. The Guardian, let me note, places itself under the jurisdiction of the Minnesota News Council, as outlined in a special box in each Guardian under the letters column.

P.S. Memo to Business Week/McGraw Hill: keep your reporters and editors out of newspaper offices and lobbies. We’ll all be better off.

Regaining consciousness

0

› a&eletters@sfbg.com
“I want to be a mainstream artist,” says East Oakland rapper and spoken word poet Ise Lyfe, discussing his rejection of the label “conscious rap.” “I’m not trying to be some backpack cat performing in Davis. I want to be …”
The 23-year-old trails off thoughtfully. “I think the only way to do it harder than Jay-Z is to have a real movement, something tangible that will effect change in the world through music. I’d like to be that big but at the same time put a dent in the Earth.”
At first glance, it’s hard to imagine a rapper less like Jay-Z than Ise Lyfe, whose 2004 self-released debut, SpreadtheWord, is devoid of the big pimpin’, cheese-spending exploits that have endeared Jiggaman to millions. But like James Baldwin — who once said he didn’t want to be the best black novelist in America, he wanted to be Henry James — Ise isn’t talking about betraying his identity for success. He’s simply saying he wants to be the best, period. If there’s anything common to all four of these artists, it’s the awareness that in order to be the best you must change the game. With the rerelease of SpreadtheWord, complete with new artwork, a bonus DVD, and a mildly retooled track list, on fledgling independent Hard Knock Records, in addition to his recently concluded nationwide tour with the Coup, Ise Lyfe is hoping to do just that.
Born in 1982, Ise was raised in Brookfield, deep in East Oakland next to the notorious Sobrante Park. “I grew up as a young kid right when the crack epidemic was flourishing and having a real effect on our families,” he says. “My father had been affected by drugs. For me, growing up in a single-parent home was the manifestation of that existing in our community. But I also came up amongst a large level of social justice activity and youth organizing. That influences my music. I think Oakland has a history that unconsciously bleeds into everyone from here.”
The legacy of this history — which includes a spoken word scene at least as old as Gil Scott Heron’s mid-’70s albums for underground label Strata East — endures in Oakland, where Ise first made a name for himself as a teen slam poet. “I would be three years deep into performing spoken word before there was any place I could go and perform hip-hop,” he says. “Hip-hop was all 21-and-up venues, where I was the number one slam poet in the country when I was 19.” Repping the Bay in 2001 at the Youth Speaks National Poetry Slam, Ise would achieve a modicum of fame through appearances on HBO’s Def Poetry Jam.
“When I started recording,” he confesses, “folks didn’t even know I was making a hip-hop record. They thought it was a spoken word record, but I fused both in there.” The success of this fusion of art forms is all the more apparent on the rereleased SpreadtheWord, the continuity of which has been improved by a few judicious edits. Ise’s flow is so dexterous that the moments of purely a cappella poetry enhance rather than disrupt the musical experience. In fact, musicality underscores an important difference between SpreadtheWord and most conscious hip-hop recordings, for most of the beats on even otherwise impressive efforts sound like they were made sometime in 1993. The lack of curiosity about the sound of contemporary hip-hop gives such music a perfunctory air, while the tracks on SpreadtheWord are infinitely fresher even after two years. While it’s not exactly hyphy, a tune like “Reasons” still sounds like a Bay Area slap that would work on a mixtape with other new tunes.
“My fan base is predominantly young people of color,” Ise says, articuutf8g his other major difference from most rappers who fall under the conscious rubric. “I think it’s all good. The music is for everybody. But I’m proud of seeing the music connect with who it’s really written to, directly from, and for. I don’t want to be distant from the community.” In the face of the failure of so many conscious rappers to continue to appeal to their original listeners, it’s hard not to attribute Ise’s own success to his closeness to both his audience and hip-hop.
“It’s important for me to have real community work behind what I say,” he explains, commenting on a busy schedule that includes everything from teaching classes to street sweeping to performing at the Youth UpRising community center on the bill with Keak Da Sneak on Aug. 25.
Moreover, his refusal to place himself in opposition to the hyphy movement despite his very different approach to hip-hop lends him a credibility unavailable to others.
“I consider myself just the other side of hyphy,” he concludes. “I don’t think there’s anything different in what I’m saying than what they’re saying. Those cats is positive — they’re talking about uniting the Bay. I just think it’s important that we set a standard for what’s acceptable. When we calling a 13-year-old girl a ripper, it’s just abusive music. But even in its industrial prepackaged form hip-hop comes from the hood, and I think that going dumb or getting hyphy is revolutionary in principle. I’m-a jump on this car, I’m-a shake these dreads, I’m-a be me. I think that it’s a positive energy.” SFBG
ISE LYFE
Youth UpRising’s “Lyrical Warfare”
with Keak Da Sneak
Fri/25, 4–7 p.m.
8711 MacArthur, Oakl.
(510) 777-9909
Free
www.youthuprising.org