Interview

The Gysin file

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› johnny@sfbg.com

I associate the dreamachine with Christmas. The first and only time I’ve directly encountered a version of the device was a holiday five or six years ago. My friend Julien used a turntable to set up a homemade dreamachine in a corner room of his family’s cabin. I took a turn sitting with my eyes closed in front of its stroboscopic play of light and darkness. I didn’t have an epileptic fit; nor did I go into a hypnagogic state. It wasn’t a drugless high, but it was a mind’s eye stimulus. I’d try the dreamachine again.

"I don’t think [the dreamachine] really works unless you’ve smoked a pipe of hash," Kenneth Anger declares during FlicKeR, Nik Sheehan’s documentary about the device and its chief creator, the writer, painter, and mystic Brion Gysin. "I think it’s too dangerous if you’ve taken acid," he adds. You get the feeling Anger is speaking from experience, even if he doesn’t face a dreamachine in front of Sheehan’s camera. Such a meeting isn’t necessary, because FlicKeR‘s first 15 minutes serves up a Who’s Who of dreamachine enthusiasts in action: Marianne Faithfull, Sonic Youth’s Lee Ranaldo, and Genesis P. Orridge of Psychic TV are among those Sheehan captures sitting and staring — with eyes closed — before the contraption’s oscilutf8g light.

The dreamachine makes for potent visual imagery, but distilling or truly conveying its effect is a tougher task for a filmmaker, even if Sheehan’s camera briefly stares directly into one (and later, incorporates Tony Conrad’s 1965 film The Flicker, a potent projector-based dreamachine corollary). For Sheehan, the mechanism provides a kinetic introduction to or threshold into, a portrait of the late Gysin. Though Gysin — who invented the Cut-Up literary methods popularized by best friend William S. Burroughs — is a shadowy figure to hang a feature-length film portrait on, FlicKeR‘s hopping, skipping, and jumping approach to his life at least energizes his enigma.

In Victor Bockris’ 1981 interview collection With William S. Burroughs: A Report From the Bunker (Seaver), Burroughs — who also says, typically, "[Gysin] taught me everything I know about painting" — relates Gysin’s description of a milk bar just after a terrorist blast: "People were lying around with their legs cut off, spattered with maraschino cherries, passion fruit, ice cream, brains, pieces of mirror and blood." Without a living subject, Sheehan must turn to various vivid Gysin acquaintances — mirror man Ira Cohen and a spry John Giorno, for example — to bring across similar illustrations of anarchic spirit. In the process, offhand observations come to mind: Genesis P. Orridge has transformed herself into a sisterly peer of rad auntie Faithfull (who praises Gysin’s warmth in her autobiography, where she’s largely disdainful of all men), for one. It’s easy to lose sight of Gysin amid such colorful characters, but FlicKeR is steadfast in its belief that Gysin is influential; a variety of academics use Gysin as a gateway to discussions of everything from the changing nature of terrorism to iPods.

He may not be the center of 20th-century history, but Gysin’s influence on the present is undeniable. This is partly due to another wave of ’60s resurgence. FlicKeR kicks off "Stoned Apocalypse," a Joel Shepard–curated Yerba Buena Center for the Arts series that includes a program devoted to the legendary light shows that overtook late-’60s music concerts. While most people associate such light shows with rock music, the new collection, The San Francisco Tape Music Center: 1960s Counterculture and the Avant-Garde (University of California Press, 322 pages, $27.50), explores its links to avant-garde cinema and music in the Bay Area.

The dreamachine-like notion and practice of live cinema is building momentum in recent years, thanks to practitioners such as Bruce Fletcher, a new surge of interest in Conrad, and a 2007 San Francisco Cinematheque series that inspired an anthology of writing on the subject. Last year at the San Francisco Museum of Modern Art, Anthony McCall’s installation You and I, Horizontal filtered Conrad’s and Gysin’s ideas about pure light into a communal rather than individual experience so potent it was akin to near-death or first-moments-of-life. That which flickers still illuminates, and it may soon turn into a piercing beam of light.

FLICKER

Thurs/7, 7:30 p.m., $8

Yerba Buena Center for the Arts Screening Room

701 Mission, SF

(415) 978-2700

www.ybca.org

Baghead: There’s more to it than just mumbling

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By Jesse Hawthorne Ficks

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

baghead1.jpg
Um, Baghead

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

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

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

MD: Yeah, which we’ve done before.

Hunting the lord of war

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› gwschulz@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Ta-ta and smack-smack, Trannyshack

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As many if not all know by now, Trannyshack, revered weekly trash-drag temple of glittery gore from the planet Thrift Town, is ending after 12 years of tranny antics (trantics?). Head honchette Heklina revealed to me the exact reasons why in a candid interview back in early February — and I didn’t even have to score her any hot sex with quadriplegic Desert Storm veterans in return! She’s magnanimous. I’m scoopy. We traded memories.

Right now, Trannyshack’s counting down to its close with a series of four command performance nights featuring fave messy queens from the present and past. That will be followed by a ginormous, absolutely ginormous, Trannyshack Kiss-Off Party at the Regency Center on August 23. This shindig will double as this year’s famed Trannyshack Pageant as well, and will encompass appearances by Lady Bunny, Justin Bond, Lady Miss Kier, Ana Matronic, and more. I smell glorious disas-tears.

tshackkissa.jpg

Let’s leave this off with the incredible Glamamore’s (NSFW maybe!) performance of Bjork’s “Pagan Poetry.”

Judge denies SF Weekly motion for new trial

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

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

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

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

Miller, with little comment, denied those requests.

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

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

The defendants have said they plan to appeal.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Biennialmania

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Biennials, triennials, and whatever other rotation of years, are place-based exhibitions. They obviously happen somewhere, and the place dictates the context. The "Whitney Biennial 2008," for example, focused on "American art," an increasingly ambiguous term — in recent years the show has included growing numbers of artists with hyphenated identities. "Today there are more artists working in more genres, using more varieties of material, and moving among more geographic locations than ever before," reads the blurb on the Web site for this year’s edition. "By exploring the networks that exist among contemporary artists and the work they create, the Biennial characterizes the state of American art today."

That sense of international movement seems to be informing the shape and scope of biennials everywhere, creating curatorial fashions that are almost predictably inventive — and often place structural concepts ahead of visual appeal. The West is riding a surge of art surveys, and you just have to skim the institutional rhetoric to sense how complicated, or perhaps rote, the idea of location has become.

The current Site Santa Fe biennial in a very identifiable New Mexico location is a salient example. It was created by the curator/organizer, Lance Fung, who contacted curators at alternative spaces around the world and asked each to recommend artists. The 22 selected artists and collectives were commissioned to produce ephemeral "site-inspired" projects. As the release notes, "All the works are created on site, and are informed by this specific locale and the surrounding Santa Fe environs…. Much of the show has actually occurred prior to the opening, on the ground in Santa Fe, and prior to that, in virtual space, as ideas, proposals, and thoughts that have been transmitted around the world." The show contains just one collaborative team that lives in Santa Fe.

According to its Web site, Yerba Buena Center for the Arts’ fifth triennial "Bay Area Now" exhibition, opening Saturday, July 19, "explores questions around how to re-imagine a regional survey in the midst of globalization." The Bay Area is an interesting case in this regard because it is a fairly self-enclosed, self-defined site — and unlike the Santa Fe show, few people will travel to San Francisco just to see "BAN 5." Curators Kate Eilertsen and Berin Golonu tackle this formidable scenario with a cross-generational, cross-disciplinary gallery exhibition and four guest-curated shows that "will diversify ‘Bay Area Now”s curatorial vision and extend the artwork beyond the walls of our galleries and beyond the confines of our region." It remains to be seen how successfully they meet the challenge.

It’s interesting to compare "BAN 5" rhetoric with that surrounding the "2008 California Biennial," which opens in October at the Orange County Museum of Art. (Full disclosure: I contributed a short interview to the catalog.) "How does one approach a regional biennial?" states the promotional literature on the show’s Web site. "In a climate of globalism and transnationalism, how does a regional biennial serve artists and audiences? What is distinctive and different about cultural production at this point in time, in this context? How does one approach contemporary artistic practices based on locational parameters?"

The "CAB," organized by Lauri Firstenberg, will also stage off-site projects at venues such as Estación Tijuana, an independent exhibition space in Tijuana, Mexico, and SF’s Queens Nails Annex, a space that hosts BAN 5 as well. Extending an exhibition’s geographical reach is admirable and interesting, though those efforts may fracture these shows and make them harder to see — one wonders, if you just make it to Queens Nails, will you really see "BAN 5" or "CAB"?

The parallels are distinct and reflective of the zeitgeist. But as much as we’d like to think these exhibitions are about now, they most directly reflect the years in which they were organized. America will be getting a new president, but it’s shrinking from rising fuel costs and economic woes. In such an environment, regional identity — think locavores — most likely will grow stronger. Here’s hoping "BAN 5" captures some of that energy.

Super Wofler

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Super Wofler! That’s as good a nickname as any for artist, curator, teacher, and creative tornado Jenifer K. Wofford. In Denmark, a Super Wofler is a mass-produced ice cream cone — as Wofford discovered during a recent artist-in-residence stint near Copenhagen, where she also tracked down a version of Planters’ elusive and endangered CheezBalls, as well as a school named Wofford College, founded in 1854.

But in the Bay Area and in the Philippines, the Super Wofler of Wofford College is Wofford, whose project Galleon Trade invokes and revises Spanish colonial trade routes to forge new cultural and critical exchange. Sparked by Wofford’s curatorial and organizational acumen, Galleon Trade kicked off one year ago in Manila, the Philippines, where art by 12 Californians — including Michael Arcega and Stephanie Syjuco — landed at two galleries, accompanied by many of the artists. Last year, the Guardian gave Goldie awards to Wofford and Arcega, but many other Galleon Trade participants — such as Jaime Cortez and Gina Osterloh — have made equally striking and impressive work.

Wofford has a large San Francisco installment of Galleon Trade planned for the Luggage Store Gallery next year. For the moment, the "BAN 5" version will spotlight some local Galleon Trade–ers, and some Filipino artists — like Norberto "Peewee" Roldan of Green Papaya Art Projects — who Wofford met last summer. "A couple artists are doing work that is phenomenological as opposed to overtly political," she says, during a phone interview that includes an only half-joking reference to "carpetbaggers" when the touchy topic of including non–Bay Area artists is broached. "I could see people getting pinched about the fact that we’re expanding the idea of what should be included." Who says the Bay Area only resides in the Bay Area, anyway?

GALLEON TRADE Sept. 5–Oct. 19 in the YBCA Terrace Galleries. Opening party, Sept. 4, 5–8 p.m.

King Khan and the Shrines

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PREVIEW Local booty-shakers are hip to the musical ruler known as King Khan: when the two-member King Khan and BBQ Show played 12 Galaxies in December 2007, the joint was packed to the sweaty rafters. A bigger band calls for a bigger venue, so when the Montreal native returns to the Bay Area with his other project, King Khan and the Shrines, the faithful will no doubt follow him to the Great American Music Hall. His just-released latest, The Supreme Genius of King Khan and the Shrines (Vice), is a compilation of sorts, including an array of songs from earlier, difficult-to-track-down King Khan and the Shrines discs. "I love playing with BBQ as much as playing with the Shrines," he told me by e-mail — a necessary interview tactic due to his cell phone–deprived status in deepest Europe. "In the Shrines, we play bad-ass, ball-crushing R&B. The influences are pretty much the same, though the Shrines are more inspired by New Orleans 1960s funk and Sun Ra."

Although both of Khan’s bands are retro-influenced, he doesn’t feel stuck in the past. "I believe this music is an everlasting tradition that must be preserved and carried on," he wrote. "I don’t think we are that retro since we mix everything from free jazz to hardcore. Music is my religion, and I wanna preach the words of the masters to the masses and throw some of my own words in there too."

Khan fans may recall that his last trip to San Francisco wasn’t all rock ‘n’ roll romance, since one of his favorite guitars was lifted by some scumbag. "I am sad I lost it because it was really a Frankenstein guitar from the 1960s made by Harvey Thomas," he wrote. "I have put a hex on whoever stole it, and if you see a one-eyed man with a piece of spaghetti for a penis dangling between his legs, then ask him where my guitar is and punch him in the face."

Fortunately, he doesn’t hold it against the rest of us: "I love SF! I love America, and am so happy to bring my soul band back to where soul was born."

KING KHAN AND THE SHRINES With Jacuzzi Boys. Fri/11, 9 p.m., $13. Great American Music Hall, 859 O’Farrell, SF. (415) 885-0750, www.gamh.com

Tilly and the Wall’s top picks for players

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Hey, Tilly, whatcha listening to? Oh, right, I mean, Neely Jenkins, one of Tilly and the Wall’s vocalists. What do the energizer kids of TATW listen to on their off-hours? Read the first part of Jenkins’ interview here.

FIVE IN TILLY AND THE WALL’S NEELY JENKINS’ CAR
• Sparks
• “A compilation my friend made of reggae music, which I didn’t used to be able to stand, but as of recently, I’m really starting to enjoy.”
• Sigur Rós
• Cyndi Lauper. “We played a festival in Japan, and she was playing the same stage. She brought me to tears with ‘Time after Time.’ It was so insanely good. During the last song she said, ‘I’m going to need some help from the ladies,’ and she pulled us onstage for ‘Girls Just Want to Have Fun.’ I had tears of joy pouring down my face.”
• The Smiths. “That’s always a constant in my life. They always make me super-happy.”

Nader questions Obama’s blackness

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Photo from Rocky Mountain News
This is the kind of thing I feared when I criticized Matt Gonzalez for joining Ralph Nader’s latest run for president. I cringed when listening to Nader tell the Rocky Mountain News that Obama “talks white” and doesn’t express enough concern for life in “the ghettos,” using anachronistic and extremely paternalistic language to essentially hector Obama for not being black enough.
Progressives have a hard enough time convincing communities of color that we’re on their side without arrogant old white guys talking down to them and the nation’s first black presidential candidate. Nader says he sees no difference between Obama and the other Democrats he’s challenged and says Obama’s campaign is an appeal to “white guilt.”
The best part of the interview is when Nader levels this criticism at Obama: “He censors himself.” Guess what, Ralph? In civil society, we all censor ourselves from time to time, something that is particularly important for a presidential candidate. It’s advice this campaign would do well to adopt before Nader’s antiquated, quasi-racist rhetoric takes that desperate campaign down even further into infamy.

Gore gone global

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(SHOULD BE A) CULT FILM Pakistan: land of the Markhor goat (a twisty-horned national animal), major software industry, ancient civilizations, field hockey, purported terrorist training cells, and extremely good-looking people of both sexes. The latter, at least, was suggested by those who went to my midwestern university a couple decades back: they were terribly urbane, funny, and cool. Admittedly, they were the next-generation cream of the country’s privileged-liberal economic elite. But they endeared me to a country that, at least as they reflected it, couldn’t harbor anything too religio-fanatical. Could it?

Such first impressions linger — never mind that I have since become slightly less of an overgeneralizing idiot. Proof that Pakistan retains a freethinking, Western-influenced minority — no insult intended against its more conservative Muslim majority — arrives in the unexpected form of Hell’s Ground (a.k.a. Zibahkhana), which plays the Hypnodrome as a Dead Channels presentation. Omar Ali Khan’s debut feature is a frantic pileup of horror genre tropes whose energy never flags. Purportedly Pakistan’s first gore film, it’s funny as well as grotesquely over-the-top.

Much as the movie might strike some as proof of the Great Satan’s poisonous cultural influence — and indeed it offers shameless tribute to the accumulated clichés of Western horror trash — it nonetheless hews to the genre’s most essential moral conservatism. (And unlike traditional slashers, no T&A is bared to justify lethal punishment.) Among the film’s quintet of teens sneaking out of town to a rock concert they’ll never reach, who do you think is gonna survive? I wouldn’t place bets on the amiable pothead, jaded party girl, or overgroomed stud. Poor virtuous scholarship student Simon? Good girl Ayesha (nicknamed Ash, à la Evil Dead‘s Bruce Campbell), who wears a "God Is Great" pendant? Maybe.

After someone has the bright idea of taking a dirt road shortcut, the fivesome run across zombies (including midget undead), then the freaky inbred family of a mystery-meat-selling matriarch whose offspring are Texas Chainsaw Massacre brethren reincarnated way off the Bible Belt. The crazy hitcher guy is now a long-haired religious fanatic; as in Tobe Hooper’s 1974 original, he’s got an unpleasant surprise to spring once he gets in the van. Khan’s Leatherface equivalent substitutes a blood-spattered burqa and a lethally wielded mace for a dried-human-skin-mask and a buzz saw.

Funded by entrepreneur Khan’s Lahore ice cream parlors, Hell’s Ground is a fun and accomplished tree-shaking of Pakistan’s once-lively, now largely moribund "Lollywood" film industry. It did well when the country’s censorship board finally approved its theatrical release early this year. It emerges stateside this month via TLA Releasing, a normally gay-centric DVD distributor whose Danger After Dark label has recently given exposure to a gamut of international horror, fantasy, and suspense films. So far they’ve ranged from cheesily enjoyable (Greece’s first zombie flick, 2005’s Evil) to brilliant (Simon Rumley’s 2006 Brit madness portrait The Living and the Dead).

Despite all of the English comic book–panel intertitles ("Little did they know … ") and nods to Western horror classics, Hell’s Ground is shot through with Pakistani cultural totems (like a glimpse of hijiras, transvestite eunuchs), vintage pop, and in-jokes. Not least is the cameo by long-retired actor Rahan of 1967 Pakistani cult smash The Living Corpse. As a chai shop proprietor, he warns our hapless youngsters that they’ve already "strayed off the right road" and that "good Muslims should be getting ready for evening prayers." Later he’s heard pronouncing "You’re on the road to hell my children. Ha ha ha. HA HA HA!"

"The characters in Zibahkhana are part of the urban elite," Khan said in an interview with British newspaper the Guardian. "It’s true that class lives in a privileged bubble. The real, frightening, ‘unknown’ Pakistan is out there in the countryside, and that is why in the film it is when the kids leave the city that they starting encountering trouble."

HELL’S GROUND

Wed/2, 7:30 p.m., $5

Hypnodrome Theatre

575 10th St., SF

(415) 377-4202, www.deadchannels.com

Hirocks

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"We’re like a cockroach," explains Hirax vocalist Katon W. De Pena early on in our lively recent phone interview. "You can’t kill us." De Pena founded Hirax in Los Angeles in 1984, and if his enthusiasm is any indication, the enemies of metal better start stockpiling Raid. Although they never achieved the towering reputation of the bands they rubbed shoulders with in the 1980s, De Pena’s newly reinvigorated outfit is working harder than ever, deep in the once-underground thrash trenches including gradually disinterred, now-ascendant old-schoolers like Death Angel, Exodus, and Testament, and eager newcomers such as Municipal Waste, Hatchet, and Merciless Death.

Hirax has second billing behind Exodus at the 11th Tidal Wave Festival, a free outdoor metal concert taking place July 5 and 6 in John McLaren Park. Way back in 1984, the band got its first big break with a feature in Tim Yohannon’s influential Bay Area zine, Maximum Rocknroll, and De Pena overflows with appreciation for the support San Francisco has shown his group over the years: "Playing free is like giving something back to the movement that helped spawn thrash metal. We have a lot of great memories from playing San Francisco."

The outfit has always had a fiercely independent streak, which served them in good stead when a bunch of guys in flannel hacked down the tent pole at the metal big top in the early ’90s. Since parting with Metal Blade in 1986, Hirax’s members have been the masters of their headbanging domain, releasing albums through their own label and distributing them around the world through licensing deals with major players like Relapse and Century Media Records.

This uncompromising approach has won them widespread respect, and relentless touring has uncovered dormant thrashers desperate for something to rock out to. De Pena has become a connoisseur of the American metal heartland. "In the US, there are cities that are just amazing, like Allentown, Penn.," he says. "We meet these fans, and it puts it in perspective why you do it. They believe in you. That they care so much keeps you caring."

It looks like a new dawn for thrash in America, and De Pena thinks his band is ready to capitalize. Crediting his natural stubbornness and the support of his "total metalhead" wife who saw him through the dark days of the ’90s, the ebullient frontman sees a bright future ahead. "I think people are looking for something exciting, and thrash metal has that," says De Pena. "It always was very exciting. Over the last 10 years, music has gotten pop-y or emo or nü metal, and people have wanted something with more edge to it. It’s just gotten better and better [for Hirax] every year."

TIDAL WAVE FESTIVAL

With Exodus, Psychosomatic, Havok, Ludicra, Saros, and others

Sat/5–Sun/6, noon–6 p.m., free

Jerry Garcia Amphitheater

John McLaren Park

45 Shelley, SF

www.thetidalwave.org

Hunter, haunted

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› cheryl@sfbg.com

"When the legend becomes fact, print the legend," says the reporter in John Ford’s The Man Who Shot Liberty Valance (1962), a film about the importance of living up to one’s image, even when that image is predicated more on fiction than fact. It’s a burden either way, and the dilemma is echoed in Gonzo: The Life and Work of Dr. Hunter S. Thompson, a lively new documentary by Alex Gibney, who directed 2005’s Enron: The Smartest Guys in the Room and picked up an Oscar this year for Taxi to the Dark Side.

Gonzo focuses on Thompson’s most fruitful professional period — 1965 to 1975, a decade that saw the New Journalism proponent (who committed suicide in 2005) write Hell’s Angels, Fear and Loathing in Las Vegas, and Fear and Loathing on the Campaign Trail ’72. During that time, he also launched an ill-fated campaign for sheriff of Pitkin County, Colo., and shaped his public persona into that of a gun-toting, drug-crazed, booze-soaked, authority-bashing champion of outsiders, capable of churning out pages of brilliant and utterly unique prose, always written in first person and most often written while under the influence.

Speaking over the phone from New York City, Gibney reflected that he was drawn to his latest subject largely because of that persona. "He was a guy who didn’t play by the rules, and it seems like we need a guy like that around now, when the rules are being used against us by people in power," the director said. "Also, he seemed like a fun character to do, this larger-than-life character that — for at least for a brief period of time — became this outlaw that we all wanted to live by."

Gonzo taps quite a bit of home-movie footage, photos, and audiotapes to flesh out Thompson beyond his words (read by Johnny Depp, who bonded with the author while prepping for the 1998 Fear and Loathing movie). A diverse array of contemporary interviews (Rolling Stone‘s Jann Wenner, Hell’s Angel Sonny Barger, both of Thompson’s wives, Pat Buchanan, illustrator Ralph Steadman, George McGovern, and Jimmys Buffet and Carter) bears out the wide range of Thompson’s influence. According to Gibney, the only interview he would have liked to have gotten but didn’t was with Doonesbury cartoonist Garry Trudeau, who would only speak off the record.

"My first day on the job was to go out to [Thompson’s funeral] — the one Johnny Depp paid for — and hang out, try to get a bunch of people to talk, and then shoot the funeral itself. I shot the funeral, but nobody much wanted to talk to me," Gibney recalled. "But once I let everyone know I was doing this film and that it was really gonna focus on his work, that opened people up, and inevitably they started talking about Hunter the character as well."

The funeral, briefly shown in Gonzo, is a surprisingly tasteful spectacle involving taiko drums, a giant cannon, and glimpses of famous friends (John Kerry, Bill Murray). The film doesn’t spend much time on Thompson’s suicide, though in its first scene it speculates how the writer might have lost his trademark edge. In Gibney’s eyes, Thompson’s Dr. Gonzo alter ego was the reason for both his success and his ultimate downfall.

"Initially [his persona] just grew out of a natural journalistic instinct to supply your own perceptions, to put yourself in the story, to be the lens through which viewers would see whatever you were covering," Gibney said. "But over time it became [less of a] lens [and more of a] bubble in which he got trapped. So I think that was the trick. Sometimes this mythical character he created just kind of took over. As he remarks in the film, ‘Sometimes I don’t know who to be, whether to be Duke or Hunter.’<0x2009>"

Duality also manifested itself in Thompson’s private personality, which Gibney was surprised to discover as being "almost bipolar."

"Hunter’s mood swings kind of represented his ability to see the kind of schisms or splits in the American character," he said. "I knew he was always a very perceptive writer about the American character, but I think maybe he was so perceptive because he — more than a lot of people — is like America. Sort of the best and the worst. I didn’t really understand till I started the film just how many-sided he was."

Visually dynamic and entertaining for Thompson devotees as well as those who only know him from Depp’s portrayal in Fear and Loathing, Gonzo is nonetheless tinged with the melancholy that eventually tempered Thompson’s considerable lust for life. Blame health problems, professional frustrations, the re-election of George W. Bush, or more existential concerns — Thompson’s quest for the American Dream, documented in Fear and Loathing and elsewhere, was never really satisfied. Instead, Gibney speculated, "I think he ended up finding how elusive it is, and how much-desired it is — but how rare it is to ever find it. And that’s what he found in Vegas, I think: what a perfect vehicle for the death of the American dream, this place where you go hoping to fulfill that rags to riches dream, yet in some fundamental way knowing that the house always wins."

GONZO: THE LIFE AND WORK OF DR. HUNTER S. THOMPSON

Opens Fri/4 in Bay Area theaters

www.magpictures.com

Burning Man film revives key conflict

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A new film about Burning Man – Dust & Illusions, which has its first public screening tomorrow night at CELLspace in a benefit for the fire arts collective Flaming Lotus Girls – revives questions about whether the rapidly growing event has missed an opportunity to transform itself from the best party on the planet into an important and enduring sociopolitical movement.

San Francisco filmmaker Olivier Bonin has been shooting footage for the film (which is still in rough form and awaiting final editing and a soundtrack) for more than four years. Much of his time has been spent with the Flaming Lotus Girls, who we were each embedded with when I did a nine-month immersion journalism project with the group in 2005.

Bonin has collected some amazing archival footage from the event’s early years and he scored insightful interviews with significant originators such as John Law and Jerry James, offering viewers a sense of what a collaborative effort the creation of the modern event was. Founder Larry Harvey comes off as sort of the last man standing and the often uncomfortable interview footage with Harvey certainly doesn’t help dispel the accusations that there’s a leadership vacuum at the heart of an event that has come to consume so much financial, emotional, and creative capital in San Francisco.

Far “Encounters”

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Last seen playing a priest in Harmony Korine’s Mister Lonely (2007), Werner Herzog is back behind the camera with Encounters at the End of the World. Guided by Herzog’s trademark droll narration, Encounters journeys to Antarctica, starting at the McMurdo Station research facility, where the director talks with people who’ve chosen to make a living in the world’s most isolated community. Though grubby McMurdo is hardly picturesque, the surrounding land — where Herzog visits divers who daringly study sea life below the ice, volcano researchers, and penguin and seal experts — is as breathtaking as it is stark.

Filming in Antarctica, Herzog made what he called "a couple of good decisions." One was to hand over his camera for the underwater sequences, leaving the diving to experts. The other was more elemental. "Normally I am a man of celluloid, but filming on celluloid when it’s very cold becomes a clumsy affair," he explained during a recent phone interview. "You have to keep your raw stock warm enough because film doesn’t bend when it’s extremely cold. It’s like uncooked spaghetti that you bend, and then it breaks. So I decided against my normal procedures to film with digital cameras. And therefore there was not much of a challenge — Antarctica is easy. It’s not like the times of [Robert Falcon] Scott."

If you think that title only refers to geography, think again. "[Global warming is] not the predominant subject of discourse in Antarctica. What is all-pervading is that many of the scientists are — rightfully in my opinion — convinced that the human presence on this planet is quite limited and not sustainable," Herzog said. "But it doesn’t make me nervous. Martin Luther said something very beautiful when he was asked once, ‘What would you do if tomorrow the world would disappear?’ He said, ‘I would plant an apple tree.’ And I find this a very good attitude. I don’t plant apple trees, but I make films."

ENCOUNTERS AT THE END OF THE WORLD

Opens Fri/27 at Bay Area theaters

www.encountersfilm.com

Obama contingent can’t campaign at Pride

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By Mara Math

An official contingent of Barack Obama supporters will be marching in the Pride Parade next weekend — but they’ve been told not to wear campaign buttons or t-shirts and not to carry campaign signs.

An internal email from Rebecca Prozan, a member of Obama’s national LGBT leadership committee, went out June 15th asking participants in the Obama contingent at this year’s parade to “refrain from wearing campaign-related materials in the march . . . to make sure the parade does not lose funds as a result of our participation.”

That surprised a lot of activists: The parade has always had its share of political campaigns. And some worried that the Obama camp, which has so far refused to support same-sex marriage, wanted to keep its distance from the community.

But the decision actually came from the Pride Foundation, which runs the parade. Pride argues that allowing direct promotion of one particular candidate would interfere with the group’s tax-exempt status and would violate the conditions of a $77,000 annual grant from Grants for the Arts, which administers the city’s hotel tax funds. And because of the group’s tax-exempt status,

In fact, Brendan Behan, Pride’s community mobilization specialist, told us that “Obama contingent participants can wear T-shirts of Obama as a senator from Illinois, but not as a presidential candidate.”
As a nonprofit education group with a 501 c tax exemption, Pride can spend a tiny fraction of its budget on lobbying or campaigning. The city’s rules also prohibit allowing unequal access to any one party or lobbying group.

It’s hard to make the unequal-access point stick, since queer supporters of John McCain could also march in the parade. But Pride Executive Director Lindsey Jones put it this way: “They have equal access to not campaign.”
Jones, who has been at the helm for five years, told us she didn’t recall any active campaigning at the parade. “We only have four years of notes in our records,” she said. “Maybe it’s happened in the past, but we’re all fallible.”

Sup. Tom Ammiano told us that the rules have been in place for years, but people have always found ways around them. “The first time I ran for School Board, we’d made a big school bus and they told us we couldn’t use it because I was a candidate,” he said. “So we made a big fuss and in the end the put us last in the parade.”
In other years, he said, “supporters of a candidate can just march along on the sidewalk. And sometimes they slip in and join you, and it’s not a big deal.”

Attorney Randy Shaw, founder of the nonprofit Tenderloin Housing Clinic, told us he thinks Pride’s stance is misinterpretation of the law: “Clearly, no public funds can go toward sponsoring a political activity. But funds are sponsoring security, bathrooms, publicity, insurance etc.— participants are not being “subsidized.”
In fact, he said, “event organizers have no ability to enforce such a restriction, so it clearly is not covered by city restrictions on the use of public funds.”

Jones disagrees: “When the Obama campaign questioned our guidelines, it was the first time we’d had a significant challenge to those guidelines, so I had people doing research, and the City Attorney affirmed our interpretation.”
“There’s a difference between having a standard guideline that we inform people about, and it’s another whether we follow it,” Jones was quick to add. “It’s not an expectation of Grants for the Arts that we have an entire enforcement squad.”

Prozan has a similar view. “If someone shows up to march in an Obama ’08 shirt,” she told us, “I’m not going to tell them to take it off unless they’re sweating.”

“To me it’s an issue of freedom of speech, what some people would call a Constitutional issue,” says activist Tommi Avicolli Mecca, an original member of Gay Liberation and a queer activist for almost four decades. “This is really discouraging coming from a community that in the past has itself been the victim of attempts to restrict its freedom of speech. Is $77,000 worth selling out for?”

To the question of whether the gain is worth the strain, Jones responds, “It’s the responsibility of the community to make the changes they want to see.” The Parade is 38 years old, she notes, and began as a gathering of 200 people; today, thanks to community demand, it has 20 stages and more than three-quarters of a million attendees.
The Parade has only had Grants for the Arts funding for 10 years. “If we come to feel that we need to forego that $77,000–that’s how Pride changes. Every conversation we have, including this interview, changes Pride.”

She urged those interested to “Pick up the phone and call me.”

You can also email her at info@sfpride.org

A heart once nourished

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› gwschulz@sfbg.com

Community court, every second Thursday at 10 a.m. Narcotics Anonymous on Wednesday. Apprenticeships for construction workers, Monday, bright and early.

The ancient letter board just inside the entrance of the Ella Hill Hutch Community Center tells much of the story of this neighborhood institution. Since 1981 it’s been a crucial hub for the Western Addition, a mostly level stretch of terrain west of downtown that rivals the Mission District and Bayview–Hunters Point as the source of the most despair from senseless gun violence.

For decades Ella Hill was a safe haven, a place where kids and seniors felt comfortable, where people could learn and teach and talk and work together, a little oasis in the world of urban hurt.

A placard affixed to one wall of the entryway honors Thurgood Marshall, the nation’s first African American US Supreme Court justice. In a small office nearby, a tutor assists a young girl with the multiplication table. Elsewhere, a list of rules forbids profanity, play-fighting, and put-downs.

There’s also a poster of Ella Hill Hutch, the first black woman elected to San Francisco’s Board of Supervisors, where she served from 1978-81.

But in 2006, a man was murdered during daylight hours in the center’s gymnasium before dozens of witnesses. That slaying was one of at least five brutal incidents that took place in the shadow of Ella Hill between 2006 and 2007; three more murders occurred within blocks. Many remain open cases today.

And now the center is having serious problems — troubles that reflect those of the city’s African American population, which has been plagued by violence and socioeconomic changes that are closing opportunities and forcing longtime residents out the city.

Several census tracts in the neighborhood that at one time contained between 3,000 and 6,000 black residents are down to 1,000 or far less, according to a San Francisco State University study commissioned by the city last year. The report showed that between 1995 and 2000 San Francisco lost more of its black population than 18 other major US cities.

Ironically, the city is now preparing to close the final dark chapter on 50 years of federally subsidized redevelopment in the Western Addition. But the displacement that the bulldozers set off half a century ago continues today, unabated.

That exodus has compounded structural problems at the center just when its remaining clients need it most. The nonprofit late last year underwent an organizational shake up and brief takeover by the Mayor’s Office to save it from imminent financial collapse. The center’s executive director of two years, George Smith III, was fired with little public explanation last year, and a permanent head was named only recently.

As with many aspects of this troubled community, it was unaddressed violence that fed the fire. Simply subsisting in the heart of a violent neighborhood was strain enough for Ella Hill. But suffering an attack from within seemed too much to bear for an institution some call "San Francisco’s Black City Hall."

The 2006 killing took one man’s life, but Ella Hill itself — still facing an uncertain financial future — felt the searing rounds too. Now some wonder if the nonprofit can survive the very violence and poverty it was created to help end in a neighborhood that’s changing forever.

In Ella Hill’s noisy gymnasium at the building’s east end, two teams of middle schoolers practice basketball.

"My job is to be in the best position to box him out for a rebound," their coach says as they crowd around the free throw line.

The kids are radiant and attentive now. But from this same basketball court on April 27, 2006, the Western Addition briefly edged ahead of the rest of the city in extreme bloodshed.

Donte White, 22, was working part-time at the center. As he supervised a basketball game, two unidentified males entered Ella Hill. One brandished a firearm and shot White at least eight times in the face, neck, and chest as several kids looked on in utter horror. Among them was White’s young daughter.

Police arrested 25-year-old Esau Ferdinand for the attack five months after White’s murder. But within two weeks prosecutors decided they could no longer hold him and declined to press charges when a key witness disappeared on the eve of grand jury proceedings.

Even with other witnesses filling the gym, police gathered few additional leads, an all-too-common story in a neighborhood where residents often prefer to avoid both law enforcement and vengeful criminal suspects.

The center installed cameras and an alarm. A buzzer was placed on the front door. But the new security measures cut against Ella Hill’s image as a demilitarized zone, and the center remains shaken by White’s murder. Some parents began barring their children from going there.

"Can you imagine something like that, someone coming into a rec center in the middle of the day with a firearm and shooting and killing a guy?" asks Deven Richardson, who resigned from Ella Hill’s board in 2007 to focus on his real estate business. "That really set us back big time in terms of morale. It really was a dark moment for the center."

Sup. Ross Mirkarimi, whose district includes Ella Hill, says that after he took office in 2004, he learned that the police weren’t stationed at the center during prime hours and had never created a strategy for attaching themselves to the center the way they had at other safe-haven institutions in the city, like schools. He told us he’s had to "really work" to get the nearby Northern Station more integrated into Ella Hill.

"Before the murder of Donte White, there had also been a series of incidences inside Ella Hill Hutch," Mirkarimi said over drinks at a Hayes Valley bar. "Nothing that resulted in anybody getting killed, but certainly enough indicators that really should have been taken more seriously by the mayor."

In June 2006, shortly after White’s shooting, the San Francisco Police Commission and the Board of Supervisors held a tense public meeting at the center. Residents, enraged over the wave of violence that summer in the Western Addition, shouted down public officials, including Chief Heather Fong, who was forced to cut short a presentation on the city’s crime rate.

That same month, the supervisors put a measure on the ballot to allocate $30 million over three years for violence-prevention efforts like ex-offender services and witness relocation. But Mayor Gavin Newsom, following a policy of fortifying law enforcement over community-based alternatives, opposed the measure because it excluded the police department. Prop. A, designed to finance groups like Ella Hill with connections to the neighborhood that the police will never have, lost by less than a single percentage point.

Meanwhile, four homicides in the neighborhood that year joined frequent anarchic shootouts in the Western Addition, including many that never made headlines because no one was killed. The fatalities led to promises by City Hall that the area would be saturated with improved security, including additional security cameras that have mostly proved useless in helping the police solve violent crimes.

On June 3, 2006, 19-year-old Antoine Green was standing on McAllister Street near Ella Hill early in the morning when he was shot to death in the head and back. On Aug. 16, 38-year-old Johnny Jackson’s chest was filled with bullets as he sat in the front seat of a Honda Passport on Turk Street not far behind Ella Hill. A woman next to him in the car suffered a critical gunshot wound to the head.

Two more killings occurred further east at Larch Way, a popular location for murder in the neighborhood.

Burnett "Booski" Raven, a 32-year-old alleged member of the Eddy Rock street gang, was found bleeding at 618 Larch Way early Oct. 7, his body laying halfway in the street and containing at least 10 gunshot wounds. On July 22, police found 23-year-old John Brown, another purported Eddy Rock member, wedged under a Chevy pickup truck, dead from up to seven gunshots.

Brown had reportedly survived two prior shootings, but the Western Addition’s cultural condemnation of "snitching" to police has so infected the neighborhood that he allegedly told police not to bother investigating either of the attacks.

Loïc Wacquant, a sociology professor at the University of California, Berkeley, says neighborhoods like the Western Addition that once contained stable black institutions — schools, churches, and community centers that glued residents together — have been overwhelmed by the rise of a white-collar, service-based economy, the decline of unions, and the withdrawal of meaningful social safety nets.

Cities have responded to the resulting marginalization with more police officers, more courts, and more prisons. But the failure of those institutions to cure rising violence "serves as the justification for [their] continued expansion," Wacquant quoted Michel Foucault, the famous late UC Berkeley sociologist, in the academic journal Thesis Eleven earlier this year.

The roots of the Western Addition’s tragedy go back to the early post-World War II era. In 1949, Congress enacted laws giving cities extraordinary powers to clear out land defined as "blighted." In San Francisco, that meant neighborhoods where low income people of color lived.

The Western Addition was devastated. Huge blocks of houses were bulldozed. Clubs, stores, restaurants — the heart of the black neighborhood — were wiped out. Many residents were forced out of the neighborhood and sometimes the city forever; others lost their property and their livelihoods (see "A half-century of lies," 3/21/2007).

By the 1970s, neighborhood activists were hoping that at the very least the Redevelopment Agency would pay for a recreation facility for kids. But city officials wouldn’t put up the money, recalls the Rev. Arnold Townsend, a longtime political fixture in the city and associate pastor of the Rhema Word Christian Fellowship.

Townsend said activist Mary Rogers — whom he calls "the greatest champion kids ever had in this community" and a famous critic of redevelopment — gave up on City Hall and went to Washington DC, where she sat in at a meeting that happened to include Patricia Harris, Secretary of the Department of Housing and Urban Development under President Jimmy Carter. Rogers, joined by a group of colleagues from San Francisco, bumped into Harris afterward.

"[Harris] shook Mary’s hand like politicians do, and Mary wouldn’t let her hand go until she had a meeting," Townsend said. "They were having a tug-of-war over her hand."

Rogers’ determination paid off, and enough political channels opened up that money for the center became available. Then-Mayor Dianne Feinstein cut the ribbon for the $2.3 million Ella Hill Hutch Community Center four months after the supervisor’s death, complete with outdoor seating for seniors, a gymnasium, tennis courts, and child-care facilities.

A young counselor named Leonard "Lefty" Gordon who worked at the Booker T. Washington Community Service Center, one of the city’s oldest black institutions — it was founded in 1919 on Presidio Avenue, where it remains today — was named executive director of Ella Hill three years later and led the center to wide acclaim for 17 years.

A recreation coordinator at Ella Hill started a reading program for young athletes after discovering that a local high school football star wasn’t aware he’d been named the city’s player of the year: the teenaged boy couldn’t read the newspaper to find out. Other programs for tutoring and job training targeting young and old residents were likewise started under Gordon.

Many of the people we interviewed recalled the "kitchen cabinet" meetings convened by Lefty Gordon at Ella Hill as among their fondest memories. Everyone from the "gangbangers to police" attended Gordon’s meetings, Townsend said, and made them a repository of complaints about what was happening in the neighborhood.

Alphonso Pines, a former Ella Hill board member and organizer for the Unite Here! Local 2 union, eagerly showed up at the meetings for months after attending 1995’s Million Man March in Washington.

"I hate to see brothers die, regardless of whether it’s at Ella Hill," Pines said of Donte White’s 2006 killing. "But that was personal for me, because that was the place where I had sat on the board for years. That was real shocking."

Lefty’s son, Greg Gordon, said that his legendary father — who died of a heart attack in May of 2000 — worked so hard for the center that he allowed his own health to deteriorate.

Most beneficiaries of Ella Hill’s social services now live in the southeast section of the 94115 ZIP code, roughly bordered by McAllister and Geary streets to the south and north, and Divisadero and Laguna streets to the west and east.

The majority of Ella Hill’s approximately $1.4 million annual budget comes from government sources, either through grants or nonprofit contracts.

Newsom, through his community development and housing offices, has given $860,000 over the past three years to Ella Hill to help job-ready applicants obtain construction work and other general employment in the neighborhood. The center launched its JOBZ program in 2006, targeting formerly incarcerated young adults and others with a "hard-to-employ" status.

Caseworkers must convince some participants to leave gangs, deal with outstanding warrants, pay back child support, expunge criminal records, or eliminate new offenses, all of which can exacerbate a desire to give up. Sometimes the center has to buy people alarm clocks.

"None of these other programs that are being funded in this community want to deal with the kinds of kids or people who come to Ella Hill…. [It] is the last stop for everybody," said London Breed, head of the African American Art and Culture Complex on Fulton Street and a Western Addition native. "That’s where people go who have no place else to go, which is why it’s so important."

Most nonprofits working for the city must regularly report their operational costs or show how program funds are being spent on graduation ceremonies and trips to university campuses. The required forms are mind-numbingly bureaucratic and reveal little about what a place like Ella Hill might face on a practical level each day. But last year, former executive director George Smith betrayed a crack in Ella Hill’s veneer.

"Once again violence has impacted the community with three incidents in close proximity to the complex this month alone," he wrote to the San Francisco Department of Children, Youth and Their Families, which supports the center with college preparation grants. "One of the victims was a young man scheduled to graduate from high school in June."

On May 25, 2007, 19-year-old Jamar Lake was leaving a store on Laguna and Eddy streets, northeast of Ella Hill, when a teen suspect opened fire on him. Paramedics were so worried about security in the neighborhood that they fled before attempting resuscitation, according to a report from the San Francisco Medical Examiner. Lake died at General Hospital that day.

Weeks later, a manic 12-hour long feud erupted between several gunmen on McAllister Street. Seven people were wounded during two daytime shootings that took place in the Friendship Village Apartments, across the street from Ella Hill.

Then in July, a suspect randomly and fatally stabbed 54-year-old Kenneth Taylor in the neck as he sat on a park bench near sundown at Turk and Fillmore streets, within easy view of the SFPD’s Northern Station. Police didn’t respond until Taylor stumbled to the sidewalk and collapsed; a witness had to flag down a patrol car.

Following the Lake shooting, the mayor and police department promised, as they had the year before, that foot patrols would be increased in the 193-unit Plaza East Housing Development and other public housing projects in the Western Addition.

But the city’s most visible response has bypassed Ella Hill — which has some street credibility — altogether. Instead, City Attorney Dennis Herrera went to court to get injunctions against street gangs in June 2007.

Herrera’s initial filing came days after the wild shootout on McAllister Street, but the timing was coincidental. The city attorney also had been preparing injunctions against gangs in the Mission and Bayview-Hunter’s Point for months. For the Western Addition, the city attorney noted a "recent rise in violent crimes perpetrated by the defendants," and asked that the members of three gangs be banned from associating with one another inside two "safety zones" marked along the contours of their respective territories, a 14-square-block area that straddles Fillmore Street and rests just north of Ella Hill.

"The conditions within the two safety zones have become particularly intolerable in 2007 as the deadly rivalry between the Uptown alliance and defendant Eddy Rock has intensified," Herrera’s office told the court. "In 2007 alone, this rivalry is the suspected cause of at least three homicides and numerous shootings within the two safety zones."

Some critics viewed barring people from congregating with one another a civil rights violation. And worse, they feared it would merely shove more African Americans and Latinos out of the Western Addition, which would benefit the city’s wealthiest white residents.

"All of this stuff about gang injunctions is a bunch of malarkey," said Franzo King, archbishop of the Saint John Coltrane African Orthodox Church on Fillmore Street. "You don’t really have gangs here…. [In San Francisco] they’re a big club."

Herrera nonetheless convinced a Superior Court judge to issue the injunctions after filing 1,200 pages of evidence arguing that the three "clubs," which include only about 65 people named by the city, are endless public nuisances and force organizations like Ella Hill to battle with them for the affections of Western Addition youth.

Police admit that the injunctions since last year have, in fact, led people to simply leave the neighborhood. Still, they insist the injunctions have reduced trouble in the Western Addition. The Knock Out Posse, for instance, is evaporating, they say.

Paris Moffett, a 30-year-old alleged Eddy Rock leader, told the Guardian in a separate story on the gang injunctions last November that he and others were organizing to quell violence in the neighborhood and would do so in defiance of the gang injunctions (see "Defying the injunction," 11/28/07).

But on the day that story ran, Moffett hampered his new cause when, according to a March 27 federal indictment, police arrested him in Novato for possessing a large quantity of crack and MDMA, as well as a Colt .45 semiautomatic.

After Lefty Gordon died, the center went through a couple of directors in relatively short order. Robert Hector, a second-in-command to Lefty Gordon, helmed the center briefly; he was replaced with George Smith III, who left in 2007.

Meanwhile, problems at Ella Hill grew.

"The seniors just stopped their participation," Anita Grier, a former Ella Hill board member who first ran for the San Francisco City College Board of Trustees in 1998 at Gordon’s encouragement, told us. "Things were never excellent, but they just got much worse once [Gordon] was no longer director."

The center, a standalone nonprofit, had long struggled financially in part because it relied so much on contracts and grants from the city rather than pursuing funds from private donors. Mirkarimi says Ella Hill’s structure is unlike any other community center in the city. Many other centers are directly maintained by the San Francisco Recreation and Park Department.

Contract revenue from one Ella Hill program, such as providing emergency shelter to the homeless, was often diverted to keep another on life support or to simply cover the center’s utility bills.

By early 2007, the center faced a financial catastrophe. Donald Frazier joined Ella Hill’s board as president in January 2007 and embarked on a reform effort to turn the center around. He commissioned what came to be a blistering audit that revealed the nonprofit owed over $200,000 in state and federal payroll taxes. As a result, the center faced $63,000 more in penalties and accrued interest.

Mirkarimi blames community leaders in his district for refusing to acknowledge a crisis at the center and for not turning to City Hall for help when Ella Hill appeared to be slowly rotting from the inside out.

The mayor’s staff, he adds, wanted to believe Ella Hill was working on its own and should’ve continued to do so because, despite its financial reliance on the city, it was technically an independent nonprofit. In reality, Mirkarimi said, "They were afraid to piss off black people, is what it comes down to. They were afraid to tell it like it is — that things weren’t working."

Sending delinquent invoices to the city, failing to institute reasonable accounting standards, and falling far behind on its payroll taxes all threatened the government contracts and grants that kept San Francisco’s Black City Hall afloat. By extension, the audit concluded, that meant Western Addition residents who relied on Ella Hill were "victimized" by the center’s improper use of its limited resources.

Aside from the audit, which Ella Hill instigated itself, there’s no indication in the records of agencies funding the center that any problems were occurring, which implies the city wasn’t paying attention.

"As far as I’m concerned," Mirkarimi said, "we had a renegade institution, and the only reason it wasn’t renegade in an illegal sense was because the lease allowed them to have a parallel governance structure. But it was renegade in the sense that the city neglected to supervise properly."

In November 2007, just after residents hijacked a chaotic board meeting with an extended public comment period, Frazier told the directors in closed session that the Redevelopment Agency was planning to restrict future funding for the center due to its management problems.

One month later, the mayor dispatched an aide, Dwayne Jones, along with redevelopment agency director Fred Blackwell, to a meeting at Ella Hill with an ultimatum. Jones told the assembled that new interim appointees would be taking over the center’s bank books, recreating its bylaws, and electing a new board and executive director. The old board would essentially be dissolved. According to observers at the meeting, Jones told them that if they resisted the plan, funds received by Ella Hill from various city agencies would be jeopardized, as would its low-cost lease of city property.

Two defiant board members viewed the move as a "hostile takeover" of a private nonprofit organization by the mayor and voted against it, but the rest of the board agreed to the restructuring. Mirkarimi says there was simply no alternative.

"Right now it needs to be shrunk to what it can do really well, instead of doing what they had to do in the last five years, an incremental sloppy way of programming," he said.

The interim board in April named a former Ella Hill employee and Park and Rec administrator, Howard Smith — unrelated to George Smith — to be the center’s new executive director. But after all the changes Ella Hill made to fix its leadership problems, there are no assurances the city won’t leave Ella Hill without the money it needs to keep the doors open next year.

It’s noon on a recent Friday and Ella Hill’s new executive director is scrambling to keep things together. An employee wants him to glance at a form. Another man wants to come in and play basketball. Smith has a board meeting minutes from now, but he’s scheduled an interview with the Guardian at the same time.

Smith’s a well-built man dressed in a pressed suit, polished shoes, and a sharply-knotted tie. He’d mostly avoided our calls for weeks. Word spread in the neighborhood that the Guardian was planning some sort of hit piece on Ella Hill.

But it won’t be a newspaper that capsizes the center.

A significant portion of the center’s funding will be threatened over the next year. The redevelopment agency is scheduled to end its 45-year reign in the Western Addition by then, a blessing of sorts since so many people in the neighborhood feel it’s done nothing but upend the lives of black residents. But the end of the agency means that redevelopment funds for Ella Hill’s job placement programs, about $400,000 annually, will disappear.

In addition, about $300,000 more a year will dry up since the San Francisco Human Services Agency hasn’t renewed an emergency homeless shelter contract with the center. Mirkarimi believes the mayor, too, will try to stop providing Ella Hill with funding through his community development office next year.

If Newsom does back away, Mirkarimi warns, there will be "a very loud showdown."

"What I’m worried about is that the Newsom administration is basically cutting and running on this, and I’m not going to allow that to happen, at least not without a fight," he said.

The alternative is for Rec and Park to take over managing Ella Hill’s facilities with DCYF continuing to fund youth programs there while the Redevelopment Agency commits community benefits dollars from a legacy fund to the center — the least it can do after a half-century of transforming the neighborhood, locals be damned.

An interagency council made up of the center’s primary funders could collectively watchdog its performance, Mirkarimi says. Once Ella Hill’s leaders prove that the center has fully returned to its original mission, it can consider expanding to serve other populations in the neighborhood, or even seek a plan to detach further from the city.

The mayor’s spokesperson, Nathan Ballard, did not respond to an e-mail containing detailed questions, and his aide, Dwayne Jones, did not return several phone calls. But Smith said during a later lunch interview at the Fillmore Café that he agrees with Mirkarimi’s idea.

"There are so many programs out there that say they’re doing something on paper, but they’re really not doing it," Smith said. "They’re running ghost programs. So what I’ve been saying at Ella Hill since I got there is, ‘We will do exactly what we said we were going to do.’<0x2009>"

In the meantime, Smith is determined to prove that Ella Hill’s history has only just begun. The mural of Lefty Gordon outside the center received a fresh coat of paint recently, and the color pops. The sidewalk is being repaved and new handrails installed. The walls inside are clear of the aging posters and letter board that hung there a few months ago.

Before heading off to his board meeting, Smith teasingly asks an adolescent boy meandering in the center’s entryway for 75 cents. The boy’s always hitting him up for pocket change.

"I don’t got any," the boy responds.

"You don’t have any," Smith corrects.

Smith suddenly realizes what time it is.

"Hey, why isn’t this guy in school?" he wonders aloud.

At that moment, only the Ella Hill Hutch Community Center was asking the question. *

Towards Carfree: Aboard a Portland-bound train

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Steve Jones reports from the Towards Carfree Cities conference.

train photo.jpg
Our crew includes (from left) Jon Winston, Nancy Bodkin, Jason Henderson, and Brian Smith.

“We’ve got a runner,” the train conductor said over the PA system as we pulled out of Eugene, Oregon for the final leg of our overnight train from Oakland to Portland. Someone seeking good coffee had missed the train and was fruitlessly trying to catch up to us.

I was with a large contingent of Bay Area transportation policy experts, activists and thinkers – all bound for the Towards Carfree Cities conference — and we laughed. Then we laughed harder once we realized that Jason Henderson, a geography professor at San Francisco State, was no longer with us. Shit, we chortled, Jason didn’t make the train.

Co-conductor Justin Clark, who is just 22 but has been working for Amtrak for two years, walked by the aisle so I asked him what happened. “He decided to go to the coffee stand a block and a half up the street. I saw him running with the coffee in his hand,” Clark told me. He radioed conductor Archie Club, “and he said it was too late.” Clark said he might have stopped the train if it was his call, but it wasn’t.

“We don’t do it for fun,” Clark, whose tongue was pierced, said of leaving passengers behind and watching them run for the train. In fact, Clark felt a little bad as he stood in the doorway, watching the passenger try to stop the train: “I had to look away. I didn’t want him to see that I saw him.”

The trip had been a smooth one so far, leaving the Bay Area only a few minutes late, a sharp contrast to Amtrak’s reputation for long delayed trains, something activist Brian Smith connected to our runner: “That’s Amtrak’s new commitment to on-time efficiency.”

Jason walked up part way through my interview, so our crew was intact after all, soon to arrive for a big week in Portland.

Lit: Interview with Favianna Rodriguez

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By Liam O’Donoghue

Favianna Rodriguez is from Oakland and she lives there today. She is the co-editor, along with Josh MacPhee, of Reproduce and Revolt: A Graphic Toolbox for the 21st Century Activist (Soft Skull Press, 192 pages, $19.95). On the eve of the book’s release party, she recently spoke about the project’s origins, forging connections between groups and the Bay Area’s role in activist art.

reproduce.jpg
Cover of Reproduce and Revolt

SFBG: Even in the socially conscious art world, it’s usually men who get the most spotlight.So, first of all, I want to give you props for raising the profile of so many radical womyn artists with this book. Can you tell me about any challenges or goals specifically related to gender issues that you had with this project?

Favianna Rodriguez: I’m a first generation woman of color. My parents were immigrants. So it was very important to me for the book to represent not just women, but women of color. We’ve got lots of artists from Mexico, Peru, Colombia and Argentina in this book.
My co-editor, Josh MacPhee, is a white male – he’s cool, very anti-racist – but he understood that with a project like this, which involves getting global artists to submit royalty-free art, it was very important to have a woman of color in a leadership position. Of course, the political art world is male-dominated, so some of the sections, especially the “war and peace” chapter, were overwhelmingly male, and we really had to work on creating the balance of perspectives that we wanted [throughout the book].
But women of color aren’t the only ones that are generally under-represented – black men are another example. This book is just the first phase. We’re just getting started, because we’ve got a good selection of Latin American artists [featured in the book], but we want to expand to include more Asian and African artists with the next editions. It’s all about building networks.

SFBG: What inspired you to start this project?
FR: Josh was collecting graphics and I’d been talking with Bay Area women artists about doing something like this, so we decided to merge our projects. I wanted to make it a multilingual project and I brought in tech people so we could make this all happen online. This book was totally compiled and edited online. We did artist authorization documents and design and had political discussions online.
The book has over 300 images from 12 countries, and the Web site that will launch on July 1 is also going to be bilingual. It’s going to have all the graphics in high-resolution, available for download, because nobody wants to scan images anymore if they don’t have to.

BMX Battles: Sit the fuck down — the Sean Parker story

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By Duncan Scott Davidson. Read Duncan’s article “Rise Above: The BMX Battles” here. Read his interview with Lotek’s Ian Schwartz here. Read his interview with SJBMX.com’s Chris McMahon here.

Sean Parker is a fixture in the SF scene. He’s usually riding flat at the Clock Tower, but I give the guy props for riding everything, and doing it all well–street, flatland, dirt, skateparks, whathaveyou. Not many people can grind a handrail, ride dirt jumps, air a bowl, and roll a hitchhiker all the way down the street all on the same bike. There’s nothing he won’t hit, and he’s famous for building spots–hidden jumps, concreted Jersey barriers, the list goes on. Skaters might hate, but the fact is you’ve probably skated something Sean built. He’s a relaxed, chill guy, but he’s not going to take any shit off of anyone.

Mr. Sean Parker

SFBG: Let me just start with the basic questions. How old are you, first of all?

SEAN: I’m gonna be 33 next week.

SFBG: How long have you been in the city? Where’d you grow up?

SEAN: A little over 10 years here. I grew up in the Washington, DC area.

SFBG: Why did you get into BMX?

SEAN: I don’t know. Something about the magazines always intrigued me. And then I eventually saw Matt Hoffman do a demo in, that was in West Virgina or something. Yeah, he actually gave me my first set of handlebars. I just kind of built a bike and quit skateboarding immediately.

SFBG: Oh, so you used to skate?

SEAN: Yeah.

SFBG: How old were you at the time?

SEAN: That was from like 9 to 12, I guess, 9 to 13.

SFBG: What was it about seeing the Hoffman demo that made you think “this was so much radder than skating”?

SEAN: There was just so much more you could do, it seemed like. You could go bigger, faster. It didn’t look as frustrating.

SFBG: Did you start with flatland?

SEAN: Mostly street riding. That’s all there was where I lived at the time. They didn’t have parks or anything, so I just rode around and did wallrides and handrails and stuff.

SFBG: How’d you get into flat?

SEAN: I eventually moved to Pittsburgh, Pennsylvania. I was just riding around, looking for people, if there was a scene or anything, and bumped into a group of flatlanders who were really good. I was like, “Damn, I guess I’m riding flatland now.” They taught me a bunch of stuff. I learned pretty quick. I kind of just tried to do everything at once from that point.

SFBG: You pretty much ride everything, huh?

SEAN: Yeah. Anything in front of me. Behind me. I don’t know which way I’m going.

SFBG: Do you ride parks as well?

SEAN: Yeah. I just rode Alameda yesterday. I love that place. I kind of just got there by default, like I do with the Embarcadero to ride flatland. I always want to check out the parks around San Jose or Benicia or something, I hear there’s some good ones. It’s funny, I just talked to the guy from sjbmx.com, and he’s at Benicia right now.

SFBG: I should call you up, man. I’ve been wanting to hit that park for like, weeks.

SEAN: Yeah, it’s pretty hot, I guess. I mean, a lot of people are talking about it like us.

SFBG: It’s bike legal, too.

SEAN: Oh, nice.

SFBG: What do you think about the new Potrero park opening up and not allowing bikes?

BMX Battles: SJBMX’s Chris McMahon pumps, swaps, and copes

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By Duncan Scott Davidson. Read Duncan’s BMX Battles article here. Read his interview with pro biker Ian Schwartz here.

Chris McMahon, occasionally referred to in the bike scene as “Beerman,” due to an unfortunate high school football coach, runs www.sjbmx.com. His take on bikes being a “menace” in skateparks is that it’s not bikes, per se, it’s little kids who don’t know what they’re doing, don’t have park etiquette, and are essentially abandoned at the skatepark by parents who don’t want to pay for babysitters.

mcmahona.jpg
McMahon, wiped out from Dawg Aid. Photo by Daniel Porter

SFBG: What are you doing?

CHRIS McMAHON: Ah, not much. Out riding right now.

SFBG: Right on. Sorry to interrupt the session.

CHRIS: It’s cool. I actually have to help my buddy with a flat tire.

SFBG: Bike or car?

CHRIS: Bike.

SFBG: Bike? And he needs help?

CHRIS: He just needs a pump.

Footy from sjbmx.com. This includes clips from Cityview skatepark in Alameda, which BMXers helped design and pay for, but were later shut out of.

SFBG: I went to the Dawg Aid thing at Stonegate that you guys put on. There was, of course, a ton of bikes there. Was that originally a “no bike” park?

CHRIS: It definitely was and still is a “no bike” park, but we’ve never had it enforced. Never, ever gotten kicked out of there, to the best of my knowledge.

SFBG: What about Plato Arroyo?

CHRIS: We used to get kicked out of there. I know there’s still a rule, but I haven’t seen anyone get kicked out of there in awhile. There’s kids that ride there every day. But, that Evelyn lady that’s in my email, she was out there the other day. I don’t know what she was doing, exactly, but I have a feeling they’re going to be putting a fence up to keep bikes out. I talked to her about that a couple of years ago, and she never got around to getting back to me.

SFBG: In terms of Lake Cunningham, when did meetings start going down about that?

CHRIS: About the design?

SFBG: Sort of. When did they start designing it, and when did bikers get involved?

CHRIS: I think they started designing it about two years ago, maybe it was two and a half. They had an initial meeting, which no riders went to, because we weren’t informed. Two months after that, they had the initial design meeting, which I found out about just because I was looking around for information on skateboard message boards online. I got the date and time and location, and got a few guys to go to that.

SFBG: When was that?

CHRIS: I don’t remember exactly when it was, but I’m positive it was early 2006, maybe. Or maybe middle 2006. It was awhile ago. They were talking about how they didn’t really want to get bikes in there. Whoever the guy is who is in charge of the district for Stonegate was complaining about bikes in the park being a major problem, which is funny, because that’s the only people who ever rode there up, up until recently. Now there’s a lot of skaters there because they want to get used to bigger trannies for the Cunningham park.

SFBG: So who was giving the most anti-bike statements at these meetings, and where did they get their information from?

It’s pronouced “Oo-vuh:” Uwe Boll, Part Two

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Postal is now playing at the Roxie — and will be there until Wed, June 11. It hasn’t exactly been taking the critical world by storm, but I enjoyed it, more or less. Still deciding? Read on for part two of my interview with director Uwe Boll and cast members Zach Ward and Larry Thomas.

San Francisco Bay Guardian: Do you think the fact that Postal makes light of terrorists and 9/11 will be a turn-off for audiences who would otherwise be into watching an over-the-top comedy?

Zach Ward: Why? I mean, why would you not make fun of terrorists? That’s like saying you can’t make fun of Nazis, or drug dealers. They’re douchebags. Terrorists are douchebags. Are you gonna sit underneath your chair and be worried about their opinion of you? I’ve been told that other actors turned [my] part down because they were scared of the controversy. If I’m gonna live my life in fear, I’m not living my life. If you’re gonna let a person in a foreign land with their own sets of values decide what you do on a daily basis, you might as well move there. South Park did this too — the price of freedom is eternal vigilance. Get off your fat fuckin’ ass and stand for something. You can’t have it both ways. You can’t be the home of the free and then turn around and say, “Oh, we can’t do the Mohammed joke, because then the Islamic fundamentalists will be upset.” Well, fuck yourself. If you’re an Islamic fundamentalist, you’re not supposed to be watching fuckin’ TV in the first place, so you can kiss my rosy red freckled ass. And if I’m supposed to sit here and apologize to you, you need to be in my house. This is my country. I’m not gonna kowtow to another opinion. This is where the government is supposed to be afraid of us, we’re not supposed to be afraid of the government. We’re supposed to stand up and create this country around our ideals, not by what Viacom thinks. Not by integrated vertical corporate fuckin’ structure. No, that’s ridiculous. And the fact that we’ve gotten to the point where we have to defend that? That’s what made America great.

Rise above

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Also in this issue:
>>An interview with outlaw biker Ian Schwartz
>>An interview with SJBMX.com’s Chris McMahon
>>Sit the fuck down: The Sean Parker story

› duncan@sfbg.com

I push off and head down a makeshift plywood runway, compressing as I roll over the edge and into the Technicolor graffiti of the drainage ditch. The transition between the banked wall and the flatbottom has an abrupt kink in it, enough to send you to your face if you’re caught sleeping. I take some weight off the front end and try to maintain my speed as I pump into the opposite corner and carve the far end of the ditch where there’s an over-45-degree wall that runs behind what my friends and I call the "death pit" — a gaping cutaway in the bottom of the culvert, five feet deep, filled with broken glass, and frequently used as a urinal. Since I’m at the apex of my backside carve, up a wall 10 feet above last week’s Miller Time, I’m jolted by the crackle of a loudspeaker:

"You are trespassing. Leave the area at once or you will be arrested."

My concentration shot by the sheriff’s announcement, I jump off my deck and over the chasm at the base of the bank, barely clearing the skater’s version of a Vietnam tiger pit, and land on the rough concrete beyond the edge. My board bullets straight in, though, so I’ve got to lower myself — gingerly — into the mostly dry detritus and rescue it before my friends and I jet out of the spot and into the manicured back nine of Pleasanton’s Castlewood golf course. We get to the car, throw the boards in the trunk — mine has a "Skateboarding Is Not a Crime" sticker on the bottom — and head to the next spot, a ditch called the Rat Trap.

The year is 1987. I’m 16, in high school, and living with my parents in Fremont. The scene plays out over and over in much the same way: a drainage ditch, a nicely painted curb or ledge at a shopping center, the occasional backyard pool, and night sessions at the Tar Banks, a set of embankments around a loading dock with curbs at the top. It’s an underground railroad of repurposed architecture, none of it designed with a skateboard in mind but all of it highly skateable.

Taking the $4.7mil Cunningham skatepark. Video by Jarrod Allen, www.jarrodallen.com

Every weekend my crew hits as many spots as we can, and the constants shape up like this: urethane, aluminum, Canadian hard rock maple, concrete, and asphalt. Maybe blood, maybe beer — we’re teenagers after all — but nearly always: cops.

Skateboarding may not be a crime, but it sure as hell feels like one.

Flash forward 20 years. I’m with a different crew as I pull onto a street in suburban Redwood City, and I’m no longer rollin’ in my mom’s Plymouth Sundance, but my own truck. The other thing that’s changed is the number of wheels per head. There are four heads to eight wheels, and we’re here to ride the Phil Shao Memorial Skatepark. On bikes.

The park does not disappoint. There are a million kids trying tech ollie flip tricks around the perimeter of the park, but the bowl is what I’m about. Big and shapely with almost burlesque hips poured into her concrete, I’m in love as soon as I roll in. There are a few local bikers who have the place dialed, nonchalantly airing a few feet out and throwing the bars before heading back down the tranny. The only two skaters riding the bowl are a tall skinny teenager and his little sister, who looks to be about 10, and they have it on lockdown: lipslides on the spine, grinds, rock and rolls — everything smooth and fast. "Yeah!" I yell as they take their runs, stoked on their skills.

I know the times have changed when I see the little girl come up out of the bowl in the $450,000 public piece of silky-smooth concrete perfection, walk over to her mother, who’s posted up on a ledge, get a cell phone and make a call. Not five minutes later there are seven (I counted) Redwood City police officers converging on the bench where my friends and I are sitting. They randomly collar my buddy Scott — though I was the last one to drop in — and write him a ticket for $100. I have to admit, I’m flabbergasted.

Guess what: skateboarding isn’t a crime anymore — it’s gone mainstream. Successful companies hire lobbyists to promote the sport, and communities spend big bucks building new facilities for skaters. And now some skaters, many of them kids who never had to live in the underground world that I did, are using their legitimacy to push out the new outlaws — people who ride BMX bikes.

It’s crazy — two cultures that share so much, fighting over how many wheels they ride.

"Is that your daughter’s bike?"

The question comes from one of my coworkers, and, believe it or not, it’s not intended to be snarky. I can’t ride in public without someone saying "cute little bike," while giggling to themselves — or laughing and pointing. Seeing a six-foot-tall, 200-pound, bald-headed, tattooed white dude on a "kid’s bike" is like being passed on the sidewalk by a bear on a unicycle. At one point reactions like these would’ve rubbed me the wrong way, but nowadays, I nod and smile. Sometimes, I try to explain what constitutes a "full grown" BMX bike. While it’s got small wheels — 20 inches in diameter — the top tube, from the seat to the stem, measures 21 inches, and the handlebars are considered pro-sized at eight inches high by 28 inches wide.

Bicycle motocross, or BMX, is purported to have started in 1963 when the Schwinn corporation of Chicago unveiled the Stingray, which was basically a downsized version of the company’s balloon-tired cruiser-type bikes. Kids pretended to be grown-ups by aping Roger DeCoster and other moto heroes — launching their bikes off jumps, racing in empty fields and abandoned lots, and cranking wheelies down the sidewalks of Anytown, USA.

"It all began the way most individual sports start," motorcycle customizer Jesse James says in a voiceover at the beginning of the 2005 BMX nativity story/documentary Joe Kid on a Stingray, "kids pretending to be grown-ups, but acting like big kids."

I have been riding since I was seven. After three decades, one truism remains, and I can’t candy-coat it. I’ve got to speak it like a true BMXer: BMX is rad. It is and always has been an entity unto itself, progressing from wheelies, skids, and bombing hills to encompass myriad styles and surfaces, from streets to pools to dirt jumps to ramps to the balletic grace of flatland freestyle.

This summer, big kids on little bikes will be jumping 30-foot gaps at as many miles per hour as BMX pays homage to its racing roots at the 2008 Olympic Games in Beijing. On June 12 in New York’s Central Park, Kevin Robinson will try to break the legendary Mat Hoffman’s record for the highest quarter-pipe air on a bike — 26 feet, 6 inches.

It doesn’t take death-defying world records, the X Games, the Olympics, or the stupefaction of squares with cameras to make BMX legit. That feeling of overcoming fear and doubt by jumping a little farther, a little higher, the rush of nailing a trick, or carving a bowl, hasn’t changed in half a century. The legitimacy lies in that feeling, behind your breastbone, and it doesn’t change as you get older. Your wrists hurt, your ankles hurt, and your back hurts, but the feeling is the same. Kid’s bike? Hell yeah, it’s a kid’s bike.

It’s not as though I was blissfully unaware of a beef between bikers and skaters that day in Redwood City. Ask any BMXer to tell you a story of friction between the two and four-wheeled sets, and it’s not going to take them long to come up with something.

"When I was 12 years old, a skateboarder threw my bike out of the bowl at Ripon skatepark," says Jackson Ratima, now 19, a Daly City rider sponsored by Fit Bikes. "He was, like, 20 years old or something."

Tim "Wolfman" Harvey, 21, another up-and-coming pro, tells a similar story about a visit to the Bay Area from his native Massachusetts, when a local skater hassled him at the Novato skatepark. "I didn’t even know anything about California. It was my first time out bike riding, period. The guy was giving me all kinds of crap, yelling at me."

Ironically, Harvey, as friendly and easygoing a guy as you could hope to meet, almost turned pro for skateboarding before an ankle injury made it nearly impossible to ollie, an essential trick in street skating. He now lives in Petaluma and is a member of the painter’s union in San Francisco, where he’s a familiar face at street spots, but now on a bike. Back then, though, he "thought California was a scary place."

The Bay Area — and SF in particular — may be the worst place for bikers seeking a vibe-free session. "I’ve never experienced hostility like it is out here," Ratima says.

Smoldering after the Redwood City incident, I began to fixate on the "Skateboarding Is Not a Crime" slogan from my youth. Originally a bumper sticker made by Transworld Skateboarding magazine in the mid ’80s, Santa Cruz Skateboards currently makes a deck with that written on it, so the skate community has gotten a lot of mileage out of being oppressed.

"Skateboarding isn’t a crime?" I’d ask myself. You’re damned straight skateboarding isn’t a crime: it’s the law. BMX is a crime. There isn’t a biker alive who rides transition who hasn’t rolled into a taxpayer-funded park and had a knee-high grommet point to the sign and say, "Bikes aren’t allowed."

Not allowed, huh? Son, I skated my first pool when you were doing the backstroke in your papa’s ball bag.

Look: I love skateboarding and always will. Both skaters and bikers are doing the same thing, copping that same feeling rolling over the same terrain. The war makes no sense.

"We have religion and race and class dividing us. I refuse to be divided by what type of wheel size I have," says Jon Paul Bail, a local at Alameda’s Cityview skatepark.

Bail, 40, is the artist and pundit behind politicalgridlock.com. Through the Home Project, a program run through the Alameda Unified School District, Bail helped raise $150,000 to build the park, $8,000 of which came directly from his company’s coffers. He helped design the park, and he helped pour the concrete in the park, which opened in 1999. Mixed sessions of bikers and skaters were going down for six months with minor tensions but no major incidents when then–City Attorney Carol Korade advised City Hall that mixed use was too dangerous, and shut the bikers out.

My call to Corinne Centeno, Redwood City’s Director of Parks, Recreation, and Community Services, got off to a rough start: "I understand [the Phil Shao Skatepark] is not bike-legal, right?"

"Right. It was built as a skatepark," she replied, subtly italicizing the first syllable with her tone of voice.

"It wasn’t designed for bikes," she repeated, before adding, "but their having been prohibited from the start hasn’t necessarily kept people out." In an effort to do just that, the city is building a fence around the park, with bids currently ranging from $23,000 to $60,000.

The semantic argument — "it’s called a ‘skatepark,’ not a ‘bike park’<0x2009>" — is usually reserved for laypeople who don’t know enough about skateboarding or bike riding to see its inherent lack of logic.

Drainage ditches are not called a "skating ditches," nor were they designed for skating. Swimming pools are not called "skating pools." Yet, therein lie the roots of the modern skatepark, along with full pipes, which are based on industrial-size drainage systems also not intended for wheels. Every day skateboarders and bikers transcend these limits through creative repurposing.

Collision, and the fear of collision, is the main thing public officials cite when shutting bikers out of parks. "It’s unnerving," Vancouver pro skater Alex Chalmers wrote in a 2004 Thrasher manifesto, "BMX Jihad: Keep It in the Dirt."

"BMXers cover so much ground so quickly, especially when they’re pedaling frantically to blast a transfer, that it’s particularly hard to gauge these collisions," he wrote.

But the fact is that in any given park BMXers and skaters take different lines, and the best way to acclimate each group to the other is through exposure. If bike riders are banned, it increases the risk of collisions when a few bikers decide to chance the ticket or brave the vibe-out and ride anyway. A lot of bikers hit parks early in the morning because they don’t want to deal with hassles. During the overlap in "shifts," this leads to bewildered skaters who aren’t used to the lines a biker takes, and vice versa.

And the head-on menace is greatly overstated, largely disappearing when a park is integrated, if only unofficially. At Cityview, the police have displayed somewhat less zeal in ticketing bikers during the past few years. "They treat us like gays in the military," says Bail. "Don’t ask, don’t tell." And yet everyone manages to coexist.

At the new $850,000 skatepark in Benicia, which opened in October, integration isn’t a big deal. "From its conception, we designed it to be a skateboard park and also for bikes," says Mike Dotson, assistant director of parks and recreation. Technically, the park has designated bike hours, but since it’s largely unsupervised, there’s a mildly laissez-faire approach to enforcement. "In the very beginning there was a lot of concern about the use of both bikes and skateboards," Dotson says, stating that the park was packed the first few months. "Initially we had one or two calls on it. Since then I can say I haven’t had any calls on it — in relation to bikes and skateboards being in it at the same time or other complaints."

And there are mixed-use parks all over the world, as far away as Thailand and as nearby as Oregon: "You go to Oregon, and you can ride wherever you want," says a stunned Maurice Meyer, 41, lifelong San Francisco resident and founding member of legendary bike and skate trick team the Curb Dogs. Long Beach, Las Vegas, Phoenix, even Alex Chalmers’ hometown of Vancouver — all have parks where bikes and skates legally ride at the same time. What’s up with the Bay?

Lawyers, insurance underwriters, and city hall types may never understand how a park works. "It’s out of ignorance," Bail says. "To them it looks like chaos. To anyone who has skate etiquette — which is everyone — we all take turns."

Besides, let’s face facts: a skatepark is a dangerous place — to different degrees at different times, and for different reasons. "I swear to God, every time I go to the skatepark I see a hundred boards flying all over the place," Ratima says, "and I’ve never seen a bike go flying and land on a guy’s head." It’s not an inflatable jumpy house — it’s fun, but it’s not made out of cotton balls and your mother isn’t here. Usually.

Rose Dennis, press liaison for the San Francisco Recreation and Park Department, seemed baffled that someone would want to ride a bicycle inside the skatepark part of the new Potrero del Sol. Perhaps as a way of distracting me from my damn-fool idea, she kept hyping the park’s "other amenities."

I live three blocks from Golden Gate Park — if I want to play Frisbee, I’m not going to drive across town. I want to ride. When I brought up the possibility of scheduling bike-only sessions in the yet-to-be opened park, she suggested I draft a letter to general manager Yomi Agunbiade, before adding that "the facility wasn’t designed for that type of recreation."

When I (graciously, I thought) let her know that it would be not only possible to ride a bike there, but highly gratifying, she got a little heated: "At the end of the day, the buck stops with us. If one of you guys breaks your skull open and you’re bleeding all over the place, believe me, no one’s going to have any sympathy for Rec and Park if they make really nonjudicious decisions."

In other words, like a lot of city officials, she’s worried about getting sued.

But you know what? There’s actually less chance a BMXer will successfully sue the city. I give you California Government Code Section 831.7, which states the following: "Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity … who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the place of risk."

The law lists "bicycle racing or jumping" as being a "hazardous recreational activity." It’s on a fairly extensive list, along with diving boards, horseback riding, and the ever-popular rocketeering, skydiving, and spelunking, which, as I’m sure you’ve heard, are all the rage with the kids these days — much more popular than BMX.

But the words "skateboarding," "skateboarder," and "skateboard" are not listed anywhere in the text of the Hazardous Recreational Activities law, commonly called the HRA law. In fact, the International Association of Skateboard Companies has been lobbying to get the bill amended to specifically include "skateboarding" since 1995, when Assemblymember Bill Morrow (R-San Diego) took up the issue. Morrow’s bill was rejected by the state Senate Judiciary Committee in 1996. In 1997, Morrow and skateboard association lobbyist Jim Fitzpatrick gave up on amending the HRA and instead pushed Assembly Bill 1296, which added Provision 115800 to the state’s Health and Safety Code, which states, in part and in much less forceful language — without using the word "liable," for instance — that owners or operators of local skateparks that are not supervised must require skaters to wear helmets, elbow pads, and knee pads, and that they must post a sign stating said requirement.

It doesn’t say anything about "if one of you guys breaks your skull open and you’re bleeding all over the place" while wearing a helmet, then you can’t hold the operator liable.

When I asked San Francisco Deputy City Attorney Virginia Dario-Elizando how the law might apply to the city’s skateparks, she told me, "This question has never come up. I must tell you, I’ve never even seen the rules for the skateparks — no one’s ever asked me to look at them."

BMXers are willing to compromise if that’s what it takes. In May, San Jose opened the 68,000-square-foot Lake Cunningham skatepark, built by the same design firm (Wormhoudt) as the Benicia park at a price of $4.7 million, and the place has bike hours. Like any park, there are rules. Like some parks, there’s supervision, so the rules are enforced: separate bike sessions; helmet, elbow, and knee pads required at all times; brakes required on bikes; no smoking; no songs with swear words over the park soundsystem; no bikes in the three bowls with pool coping even though they only allow plastic pegs, which are undoubtedly softer on coping than metal skateboard trucks … it’s a long list of restrictions. It’s inconvenient for guys who don’t like pads or don’t run brakes, and there’s some griping, but we’ve got our eyes on the prize: the place is amazing, with a huge full pipe, massive vert bowls, and a decent street course.

I would like skaters to realize a couple of things: skating and BMX aren’t so different from each other, at least in the feeling each gives you, right there, behind your sternum, where your heart beats.

Bikers are going to ride no matter what, just like skaters are going to skate. Legal or not, we’re not going to go away. "I got arrested for riding there when I was 14," Ratima says of the Daly City skatepark. "They took my bike and threw it in the back of the car. I just kept going every day, and finally they just gave up."

"I’ve ridden bikes on vert," Thrasher editor Jake Phelps tells me during a phone conversation. "I can ride a bike in a pool, I can do that. I’m stoked when I ride a bike in a pool. Feels hella fun to me. Catching air on a bike is awesome, no doubt about that."

This, from the longtime editor of the bible of the "fuck BMX" set. It’s either baffling or heartening. I can’t decide which. "I don’t mind people that are just regular," he says. "If they’re skateboard people or they’re bike people too, I’ll respect anybody that respects me."

That’s what it comes down to: respect. I respect the fact that skateboarders did not come into this age of skateparks easily. I faded out when there was nothing, and I came back when they were in small towns across America, and I missed all the politicos and dreary meetings. It’s time for bikers to stop feeling like second-class citizens and demand a seat at the table. In the words of Black Flag, it’s time to rise above.