Jerry Brown

Will Occupy message reach Sacramento?

26

One of the early tests of the political impact of the Occupy movement will come in the next two months, as California prepares to make drastic further cuts in education and social services for the poor and the Democratic governor begins — cautiously and hesitantly — to talk about new revenues.

The numbers from the Legislative Analysts Office are fairly bleak — the state budget relied on $4 billion in revenue that hasn’t been collected. That’s because Gov. Brown and the Democrats in the Legislature assumed that the economy would pick up more than it has. We don’t know what the final shortfall will be — but because the budget deal included automatic trigger cuts, it’s clear that K-12 education, CSU and UC are going to get hit again, as will, for example, medical assistance for the disabled.

So just as students and faculty all over the state are protesting existing cuts and tuition hikes, more are on the way. I expect this will go over extremely well on the campuses.

The cops may be poised to shut down OccupySF, but this is a movement that isn’t about to go away. And if the governor and the Democrats in the Legislature (who are going to be running from new districts next fall) start to feel the heat and realize that the Occupy movement is already influencing the political debate and will, directly or indirectly, be playing a major role in state and national politics, they’re going to have to respond.

How? Well, the Legislature can always decide to scrap the cuts and raise taxes now. Unlikely, since that would require a two-thrids vote and the Republicans still care more about their no-taxes pledge than they do about the tens of thousands of people (including in their own districts) who are taking to the streets to protest economic inequality.

More likely the talk will be about November, 2012, and what sort of revenue measures Jerry Brown wants to put on the ballot. And that’s where the politics of Occupy can have a significant impact.

There are so many ways to go with tax measures; the easiest, in some ways, is to talk about the state sales tax, which bothers the GOP hardliners (like any tax) but bothers the big-business world a lot less. Most of any sales tax hike would be paid by consumers and the poor would pay more than the rich; typically, big business groups are willing to accept a sales tax hike before they’ll go for anything more progressive.

Obviously, the best option is to do exactly what Occupy is talking about, and raise the income tax on the top brackets (and cut corporate loopholes, and pass an oil severance tax). And that’s what will drive the California Chamber of Commerce types absolutely mad.

But I think a there’s a way to make this a winner at the polls, and a winner for the legislators who push it — and maybe even a winner for a Dem or a moderate Republican in some of the potential swing districts. Just call it a One Percent Tax — that is, a tax on the One Percent. Could be a combination of income taxes and corporate taxes, as long as it’s a package carefully written to target largely the wealthiest in the state.

Hard for anyone these days to oppose something that is totally defined and promoted that way. Gives the Occupy movement something to vote for. Could save jobs, keep classrooms open, keep sick people alive … I see no downside at all.

 

 

Film Listings

0

Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Max Goldberg, Dennis Harvey, Lynn Rapoport, and Matt Sussman. For rep house showtimes, see Rep Clock.

OPENING

California State of Mind: The Legacy of Pat Brown It’s arguably still the late Pat Brown’s California — we’re just living in it. This up-close documentary — put together with care and passion by his granddaughters Sascha Rice and Hilary Armstrong — looks at history that often gets neglected for its close proximity to the present. The moviemakers go back to the politician’s beginnings, on the heels of the 1906 earthquake, amid the subsequent rebuilding of San Francisco, and the growing sense of optimism. Viewed through the lens of news footage, photographs, and interviews with close observers including Dianne Feinstein, Tom Hayden, and Jerry Brown (Pat’s son), Pat Brown was there, putting his weight behind some of the state’s most significant legislation, from the passing of the fair housing act to the building of the California Aqueduct. Despite their evident love and respect for their subject — the filmmakers refer to their subject as “grandpa” — Rice and Armstrong don’t duck from the disappointments Pat Brown may have suffered in his failure to enter a national political stage and the pressures of living in a clan that, as daughter Barbara Brown Casey says, considered politics “the family business.” (1:30) SFFS New People Cinema. (Chun)

Curling This spare drama from Quebec writer-director Denis Côté centers on Jean-Francois (Emmanuel Bilodeau), a 40-ish small towner who works as janitor-handyman at both the local bowling alley and motel. He keeps 12-year-old daughter Julyvonne (Philomène Bilodeau) at home, not letting her attend school and rarely letting her see other people out of a misguided over-protectiveness that Côté chooses to leave unexplained. Just like he leaves unexplained the dead bodies Julyvonne finds in a nearby forest, the dying boy Jean-Francois finds on a roadside one night, or the bloody motel room he’s instructed to clean up without calling police. You might think from the above that Curling is an elliptical thriller, but no — it’s just elliptical, and induces a big “So what?” once we realize this is simply a tale about a father and daughter enduring modest strain, then getting past it. Why there are so many red herrings scattered around a narrative otherwise as chilly, flat and bleak as the wintry landscapes here is anyone’s guess. (1:36) SFFS New People Cinema. (Harvey)

*The Descendants See “Blue Hawaii.” (1:55)

Dragonslayer See “Let’s Get Lost.” (1:14) Roxie.

Happy Feet Two The dancing penguins are back, with Elijah Wood, Robin Williams, and Hank Azaria among the celebrity vocalists. (1:40) Four Star, Presidio.

The Heir Apparent: Largo Winch The title is a mouthful; the billionaire-heir-fights-to-save-his-corporation plot a little out of step with the times. But The Heir Apparent: Largo Winch — based on a wildly popular Belgian comic book series that’s already spawned a TV series, a video game, and a sequel to this 2008 film — is a serviceable, multilingual thriller in the James Bond mode, with a little bit of Mr. Deeds (Adam Sandler version) tossed in. When megarich businessman Nerio Winch (Miki Manojlovic) dies on his Hong Kong yacht, his second-in-command (Kristin Scott Thomas, rocking an ice-queen Anna Wintour ‘do) takes control — until word gets out about Largo Winch, secretly adopted as an infant and groomed since youth to inherit Nerio’s wealth and position. A power struggle ensues, and since Largo (Tomer Sisley) is a rakishly handsome, ne’er-do-well adventurer type, the action includes chase scenes in multiple countries, bad guys shooting out of helicopters, documents stashed in secret locations, a femme fatale, disguises, back-stabbing (sometimes literally), etc. Why no part here for Jean-Claude Van Damme? He’s Belgian — and he perfected this international B-movie formula decades ago. (1:48) Balboa. (Eddy)

The Other F Word See “I Don’t Want to Grow Up.” (1:38) Lumiere, Shattuck.

Steve Jobs: The Lost Interview Is this a quickie cash-in following the tidal wave of appreciation following the death of Steve Jobs? Interviewer Robert Cringely made Triumph of the Nerds, a PBS miniseries about the birth of the personal computer industry, in 1995, and much of this lengthy talk with Jobs (his former employer) didn’t ultimately make the cut, although the Apple co-founder’s critique of Microsoft as lacking taste went down in history. The master tapes of this discussion were thought to be lost until the series editor unearthed an unedited copy of the entire interview in his London garage. This rush production isn’t quite unedited (at points Cringely steps in to contextualize) — and it was done more than 15 years ago, before Jobs sold NeXT to Apple and returned to the firm to shake the firmament with the iPod, iPhone, and iPad — but the interview and the answers Cringely fields are nevertheless fascinating, from the potentially silly question “are you a hippie or a nerd?” (“If I had to pick one of those two, I’m clearly a hippie,” Jobs responds with a sly look in his eye, “and all the people I worked with were clearly in that category, too”) to Jobs’ prophesies about the impact of the Web to musings like “I think everybody in this country should learn to program a computer, learn a computer language, because it teaches you how to think.” (1:00) Opera Plaza. (Chun)

Twilight Saga: Breaking Dawn — Part One The one with the wedding. (1:57) Marina, SF Center.

Tyrannosaur Apparently unemployed and estranged from any family, middle-class Leeds Joseph (Peter Mullan) is fueled by enough rageahol (Homer Simpson: “I’m a rageaholic! Addicted to rageahol!”) to commit three violent acts in the first three scenes of actor Paddy Considine’s debut feature as writer-director. Volunteering at a Christian charity thrift shop in his bleak hood by day, our other protagonist Hannah (Olivia Colman) spends nights in the “nice” part of town. Behind one of its doors, she endures considerable abuse as punching bag (and occasional urinal) for violently mood-swinging spouse James (Eddie Marsan, making one pine for the comparative harmlessness of his horrible driver’s ed teacher in 2008’s Happy-Go-Lucky). A slice of British miserabilist pie with a razor in it, Tyrannosaur throws these characters in various extremis together with almost no backstory but a real zeal to rub our noses in it — whatever “it” is. Strong content and strong performances make this as hard to turn away from as it is sometimes hard to watch. Yet there’s something a little underdeveloped and contrived about the load of angry angst Considine makes his story bear. The result is worthy, but not as genuinely shocking as say, Tim Roth’s 1999 The War Zone, nor as insightful about dole-ful lower-class English life as 2009’s Fish Tank, to name a couple comparable features. (1:31) Sundance Kabuki. (Harvey)

*The Woodmans Francesca Woodman jumped off a building in 1981 when she was 22, despondent over the fact that her photographs hadn’t found a niche in New York’s competitive art world. She was no stranger to competition — she’d grown up with a parents who placed art-making above all other obligations. Fast-forward to the 21st century, and Francesca remains the most-acclaimed Woodman; her haunting black-and-white photos, often featuring the artist’s nude figure, have proven hugely influential in the realms of both fine art and fashion. She was, as the San Francisco Museum of Modern Art website says (an exhibit of her work opens Nov. 5), “ahead of her time.” Scott Willis’ documentary features extensive interviews with her parents, George and Betty, and to a lesser extent Francesca’s brother, Charles (also an artist); the film is both Woodman bio and incisive exploration of the family’s complex dynamics. Most fascinating is Charles, who remarks of his daughter’s posthumous success, “It’s frustrating when tragedy overshadows work.” But after her death, he took up photography, making images that resemble those Francesca left behind. (1:22) Roxie. (Eddy)

Young Goethe in Love You might be suspect North Face (2008) director Philipp Stölzl’s take on Germany’s most renowned writer is biting off of 1998’s Shakespeare in Love, but the filmmaker manages to rise above facile comparisons to deliver his own unique stab at re-creating the life and love of the 23-year-old polymath, long before he became an influential poet and cultural force. Stölzl and co-writers Christoph Müller and Alexander Dydyna spin off the autobiographical nature of what some consider the world’s first best-seller, 1774’s The Sorrows of Young Werther, though there were few sorrows at first for the young Johann Wolfgang von Goethe (Alexander Fehling) — a perpetually raging, playful party animal rather than the brooding forerunner of romanticism. Unable to move forward in his law studies and believed a wretched failure by his father (Henry Hübchen), Goethe is exiled to a job in a small-town court, beneath the thumb of the fiercely bourgeois court councilor Kestner (Moritz Bleibtreu). Embodying the charms of provincial life: Lotte Buff (Miriam Stein), the bright-eyed, artistic eldest daughter of a struggling widower. Naturally Goethe and Lotte end up caught in each other’s orbits, although rivals for affection and attention lie around each corner, as does a certain inevitable sense of despair. Charismatic lead actors and attention to period details — as well as an infectious joie de vivre — are certain to animate fans of historical romance. (1:42) Embarcadero, Shattuck. (Chun)

ONGOING

Anonymous Hark, what bosom through yonder bodice heaves? If you like your Shakespearean capers OTT and chock-full of fleshy drama, political intrigue, and groundling sensation, then Anonymous will enthrall (and if the lurid storyline doesn’t hold, the acting should). Writer John Orloff spins his story off one popular theory of Shakespeare authorship — that Edward de Vere, the 17th Earl of Oxford, was the true pen behind the works attributed to William Shakespeare of Stratford-upon-Avon. Our modern-day narrator (Derek Jacobi) foregrounds the fictitious nature of the proceedings, pulling back the curtain on Ben Jonson (Sebastian Armesto) staging his unruly comedies for the mob, much to the amusement of a mysterious aging dandy of a visitor: the Earl of Oxford (Rhys Ifans). Hungry for the glory that has always slipped through his pretty fingers, the Earl yearns to have his works staged for audiences beyond those in court, where Queen Elizabeth I (Vanessa Redgrave as the elder regent, daughter Joely Richardson as the lusty young royal) dotes on them, and out of the reach of his puritan father-in-law Robert Cecil (David Thewlis), Elizabeth’s close advisor, and he devises a plan for Jonson to stage them under his own name. But much more is triggered by the productions, uncovering secret trysts, hunchback stratagems, and more royal bastards than you can shake a scepter at. Director Roland Emmerich invests the production with the requisite high drama — and camp — to match the material, as well as pleasing layers of grime and toxic-looking Elizabethan makeup for both the ladies and the dudes who look like ladies (the crowd-surfing, however, strikes the off-key grunge-era note). And if the inherent elitism of the tale — could only a nobleman have written those remarkable plays and sonnets? — offends, fortunately the cast members are more than mere players. Ifans invests his decadent Earl with the jaded gaze and smudgy guyliner of a fading rock star, and Redgrave plays her Elizabeth like a deranged, gulled grotesque. (2:10) 1000 Van Ness, Sundance Kabuki. (Chun)

*El Bulli: Cooking in Progress Oh to be a fly on the wall of El Bulli — back in 2008 and 2009, when director Gereon Wetzel turned his lens on the Spanish landmark, it was considered the best restaurant in the world. This elegantly wrought documentary, covering a year at the culinary destination (now closed), allows you to do just that. Wetzel opens on chef-owner Ferran Adrià shutting down his remarkable eatery for the winter and then drifting in and out of his staff’s Barcelona lab as they develop dishes for the forthcoming season. Head chef Oriol Castro and other trusted staffers treat ingredients with the detached methodicalness of scientists — a champignon mushroom, say, might be liquefied from its fried, raw, sous-vide-cooked states — and the mindful intuition of artists, taking notes on both MacBooks and paper, accompanied by drawings and much photo-snapping. Fortunately the respectful Wetzel doesn’t shy away from depicting the humdrum mechanics of running a restaurant, as Adrià is perpetually interrupted by his phone, must wrangle with fishmongers reluctant to disclose “secret” seasonal schedules, and slowly goes through the process of creating an oil cocktail and conceptualizing a ravioli whose pasta disappears when it hits the tongue, tasting everything as he goes. Energized by an alternately snappy and meditative percussive score, this look into the most influential avant-garde restaurant in the world is a lot like the concluding photographs of the many menu items we glimpse at their inception — a memorable, sublimely rendered document that leaves you hungry for more. (1:48) Opera Plaza. (Chun)

*Drive Such a lovely way to Drive, drunk on the sensual depths of a lush, saturated jewel tone palette and a dreamlike, almost luxurious pacing that gives off the steamy hothouse pop romanticism of ’80s-era Michael Mann and David Lynch — with the bracing, impactful flecks of threat and ultraviolence that might accompany a car chase, a moody noir, or both, as filtered through a first-wave music video. Drive comes dressed in the klassic komforts — from the Steve McQueen-esque stances and perfectly cut jackets of Ryan Gosling as the Driver Who Shall Remain Nameless to the foreboding lingering in the shadows and the wittily static, statuesque strippers that decorate the background. Gosling’s Driver is in line with Mann’s other upstanding working men who hew to an old-school moral code and are excellent at what they do, regardless of what side of the law they’re working: he likes to keep it clear and simple — his services as a wheelman boil down to five minutes, in and out — but matters get messy when he falls for sweet-faced neighbor Irene (Carey Mulligan), who lives down the hall with her small son, and her ex-con husband (Oscar Isaac) is dragged back into the game. Populated by pungent side players like Albert Brooks, Bryan Cranston, Ron Perlman, and Christina Hendricks, and scattered with readily embeddable moments like a life-changing elevator kiss that goes bloodily wrong-right, Drive turns into a real coming-out affair for both Danish director Nicolas Winding Refn (2008’s Bronson), who rises above any crisis of influence or confluence of genre to pick up the po-mo baton that Lynch left behind, and 2011’s MVP Ryan Gosling, who gets to flex his leading-man muscles in a truly cinematic role, an anti-hero and under-the-hood psychopath looking for the real hero within. (1:40) Lumiere. (Chun)

50/50 This is nothing but a mainstream rom-com-dramedy wrapped in indie sheep’s clothes. When Adam (Joseph Gordon-Levitt) learns he has cancer, he undergoes the requisite denial, anger, bargaining, depression, and acceptance like a formality. Aided by his bird-brained but lovable best friend Kyle (Seth Rogan), lovable klutz of a counselor Katherine (Anna Kendrick), and panicky mother (Anjelica Huston), Adam gets a new lease on life. This comes in the form of one-night-stands, furious revelations in parked cars, and a prescribed dose of wacky tobaccy. If 50/50 all sounds like the setup for a pseudo-insightful, kooky feel-goodery, it is. The film doesn’t have the brains or spleen to get down to the bone of cancer. Instead, director Jonathan Levine (2008’s The Wackness) and screenwriter Will Reiser favor highfalutin’ monologues, wooden characters, and a Hollywood ending (with just the right amount of ambiguity). Still, Gordon-Levitt is the most gorgeous cancer patient you will ever see, bald head and all. (1:40) 1000 Van Ness. (Ryan Lattanzio)

Gainsbourg: A Heroic Life Far from perfect, yet imbued with all the playful, artful qualities of the maestro himself, writer-director Joann Sfar goes out of his way to tell singer-songwriter Serge Gainsbourg’s tale the way that he sees it, as that of an artist, and in the process creates a wonderland of cartoonish perversity from the cradle to the grave. The remainder of A Heroic Life is almost eclipsed by the film’s earliest interludes, which trail the already too-clever-for-his-own-good young musician and painter, born Lucien Ginsburg, as he proudly claims his gold star from the Nazis. With echoes of 400 Blows (1959) resounding with every wayward step, the brash young Lucien lives by his active imagination, dreaming up a fat, spiderlike plaything from the monstrous Jew depicted in Nazi propaganda and conjuring an imaginary alter-ego he dubs his ugly Mug. Though Heroic Life‘s adult Serge is seamlessly embodied by Eric Elmosnino, few of the moments from the grown lothario’s life rival those initial scenes, with the exception of his exuberant love affair with Brigitte Bardot (Laetitia Casta) and the fantastic music that came out of it. Still, it’s a joy to hear his music, even in short snatches, with subtitles that clearly spell out Gainsbourg’s talents as a stunning, uniquely talented lyricist. (2:02) Roxie. (Chun)

*Gainsbourg: The Man Who Loved Women Those hungry for more of the real Serge Gainsbourg — after being tantalized and teased by Joann Sfar’s whimsical comic book-inspired feature — will want to catch this documentary by Pascal Forneri for many of the details that didn’t fit or were skimmed over, here, in the very words and image of the songwriter and the many iconic women in his life. Much of the chanson master’s photographic or video history seems to be here — from his blunt-force on-camera proposition of Whitney Houston to multiple, insightful interviews with the love of his life, Jane Birkin, as well as the many women who won his heart for just a little while, such as Brigitte Bardot, Juliette Gréco, Françoise Hardy, and Vanessa Paradis. Gainsbourg may be marred by its somewhat choppy, mystifying structure, at times chronological, at times organized according to creative periods, but overriding all are the actual footage and photographs loosely, louchely assembled and collaged by Forneri; delightful pre-music-videos Scopitones of everyone from France Gall to Anna Karina; and the gemlike, oh-so-quotable interviews with the mercurial, admirably honest musical genius and eternally subversive provocateur. Quibble as you might with the short shrift given his later career—in addition to major ’70s LPs like Histoire de Melody Nelson and L’Homme à tête de chou (Cabbage-Head Man) — this is a must-see for fans both casual and seriously seduced. (1:45) Roxie. (Chun)

Le Havre Aki Kaurismäki’s second French-language film (following 1992’s La Vie de Boheme) offers commentary on modern immigration issues wrapped in the gauze of a feel good fairy tale and cozy French provincialism a la Marcel Pagnol. Worried about the health of his hospitalized wife (Kaurismäki regular Kati Outinen), veteran layabout and sometime shoe shiner Marcel (Andre Wilms) gets some welcome distraction in coming to the aid of Idrissa (Blondin Miguel), a young African illegally trying to make way to his mother in London while eluding the gendarmes. Marcel’s whole neighborhood of port-town busybodies and industrious émigrés eventually join in the cause, turning Le Havre into a sort of old-folks caper comedy with an incongruously sunny take on a rising European multiculturalism in which there are no real racist xenophobes, just grumps deserving comeuppance. Incongruous because Kaurismäki is, of course, the king of sardonically funny Finnish miserabilism — and while it’s charmed many on the festival circuit, this combination of his usual poker-faced style and feel-good storytelling formula may strike others as an oil-and-water mismatch. (1:43) Clay, Shattuck. (Harvey)

The Ides of March Battling it out in the Ohio primaries are two leading Democratic presidential candidates. Filling the role of idealistic upstart new to the national stage — even his poster looks like you-know-who’s Hope one — is Governor Mike Morris (George Clooney), who’s running neck-and-neck in the polls with his rival thanks to veteran campaign manager (Philip Seymour Hoffman) and ambitious young press secretary Steven (Ryan Gosling). The latter is so tipped for success that he’s wooed to switch teams by a rival politico’s campaign chief (Paul Giamatti). While he declines, even meeting with a representative from the opposing camp is a dangerous move for Steven, who’s already juggling complex loyalties to various folk including New York Times reporter Ida (Marisa Tomei) and campaign intern Molly (Evan Rachel Wood), who happens to be the daughter of the Democratic National Party chairman. Adapted from Beau Willimon’s acclaimed play Farragut North, Clooney’s fourth directorial feature is assured, expertly played, and full of sharp insider dialogue. (Willimon worked on Howard Dean’s 2004 run for the White House.) It’s all thoroughly engaging — yet what evolves into a thriller of sorts involving blackmail and revenge ultimately seems rather beside the point, as it turns upon an old-school personal morals quandary rather than diving seriously into the corporate, religious, and other special interests that really determine (or at least spin) the issues in today’s political landscape. Though stuffed with up-to-the-moment references, Ides already feels curiously dated. (1:51) California, 1000 Van Ness, Piedmont, Sundance Kabuki. (Harvey)

Immortals Arrow time (comin’ at ya, in 3D), blood lust, fascinating fascinators, and endless seemingly-CGI-chiseled chests mark this rework of the Theseus myth. Tarsem Singh flattens out the original tale of crazy-busy hero who founded Athens yet seems determined to outdo the Lord of the Rings series with his striking art direction (so chic that at times you feel like you’re in a perfume ad rather than King Hyperion’s torture chamber). As you might expect from the man who made the dreamy, horse-slicing Cell (2000), Immortals is all sensation rather than sense. The proto-superhero here is a peasant (Henry Cavill), trained in secret by Zeus (John Hurt and Luke Evans) and toting a titanic chip on his shoulder when he runs into the power-mad Cretan King Hyperion (Mickey Rourke, struggling to gnash the sleek scenery beneath fleshy bulk and Red Lobster headgear). Hyperion aims to obtain the Epirus Bow — a bit like a magical, preindustrial rocket launcher — to free the Titans, set off a war between the gods, and destroy humanity (contrary to mythology, Hyperion is not a Titan — just another heavyweight grudge holder). To capture the bow, he must find the virgin oracle Phaedra (Freida Pinto), massacring his way through Theseus’ village and setting his worst weapon, the Beast, a.k.a. the Minotaur, on the hero. Saving graces amid the gory bluster, which still pays clear tribute to 1963’s Jason and the Argonauts, is the vein-bulging passion that Singh invests in the ordinarily perfunctory kill scenes, the avant-garde headdresses and costumes by Eiko Ishioka, and the occasional edits that turn on visual rhymes, such as the moment when the intricate mask of a felled minion melts into a seagoing vessel, which are liable to make the audience gasp, or laugh, out loud. (1:50) 1000 Van Ness, Presidio. (Chun)

In Time Justin Timberlake moves from romantic comedy to social commentary to play Will Salas, a young man from the ghetto living one day at a time. Many 12-steppers may make this claim, but Salas literally is, because in his world, time actually is money and people pay, say, four minutes for a cup of coffee, a couple hours for a bus ride home from work, and years to travel into a time zone where people don’t run from place to place to stay ahead of death. In writer-director Andrew Niccol’s latest piece of speculative cinema, humans are born with a digitized timepiece installed in their forearm and a default sell-by date of 25 years, with one to grow on — though most end up selling theirs off fairly quickly while struggling to pay rent and put food on the table. Time zones have replaced area codes in defining social stature and signaling material wealth, alongside those pesky devices that give the phrase “internal clock” an ominous literality. Niccol also wrote and directed Gattaca (1997) and wrote The Truman Show (1998), two other films in which technological advances have facilitated a merciless, menacing brand of social engineering. In all three, what is most alarming is the through line between a dystopian society and our own, and what is most hopeful is the embattled protagonist’s promises that we don’t have to go down that road. Amanda Seyfried proves convincible as a bored heiress to eons, her father (Vincent Kartheiser) less amenable to Robin Hood-style time banditry. (1:55) California, 1000 Van Ness. (Rapoport)

*Into the Abyss: A Tale of Death, a Tale of Life How remarkable is it that, some 50-plus features along, filmmaker Werner Herzog would become the closest thing to a cinema’s conscience? This time the abyss is much closer to home than the Amazon rainforest or the Kuwaiti oil fields — it lies in the heart of Rick Perry country. What begins as an examination of capital punishment, introduced with an interview with Reverend Richard Lopez, who has accompanied Texas death row inmates to their end, becomes a seeming labyrinth of human tragedy. Coming into focus is the execution of Michael Perry, convicted as a teenager of the murder of a Conroe, Tex., woman, her son, and his friend — all for sake of a red Camaro. Herzog obtains an insightful interview with the inmate, just days before his execution, as well as his cohort Jason Burkett, police, an executioner, and the victims’ family members, in this haunting examination of crime, punishment, and a small town in Texas where so many appear to have gone wrong. So wrong that one might see Into the Abyss as more related to 1977’s Stroszek and its critical albeit compassionate take on American life, than Herzog’s last tone poem about the mysterious artists of 2010’s Cave of Forgotten Dreams (and it’s also obviously directly connected to next year’s TV documentary, Death Row). The layered tragedies and the strata of destroyed lives stays with you, as do the documentary’s difficult questions, Herzog’s gentle humanity as an interviewer, and the fascinating characters that don’t quite fit into a more traditional narrative — the Conroe bystander once stabbed with a screwdriver who learned to read in prison, and the dreamy woman impregnated by a killer whose entire doomed family appears to be incarcerated. (1:46) Embarcadero, Shattuck. (Chun)

J. Edgar The usual polished, sober understatement of Clint Eastwood’s directing style and the highlights-compiling CliffsNotes nature of Dustin Lance Black’s screenplay turn out to be interestingly wrong choices for this biopic about one of the last American century’s most divisive figures. Interesting in that they’re perhaps among the very few who would now dare viewing the late, longtime FBI chief with so much admiration tempered by awareness of his faults — rather than the other way around. After all, Hoover (played by Leonardo DiCaprio) strengthened his bureau in ways that, yes, often protected citizens and state, but at what cost? The D.C. native eventually took to frequently “bending” the law, witch-hunting dubious national enemies (he thought the Civil Rights movement our worst threat since the bomb-planting Bolshevik anarchists of half a century earlier), blackmailing personal ones, weakening individual rights against surveillance, hoarding power (he resented the White House’s superior authority), lying publicly, and doing just about anything to heighten his own fame. A movie that internalized and communicated his rising paranoid megalomania (ironically Hoover died during the presidency of Nixon, his equal in that regard) might have stood some chance of making us understand this contradiction-riddled cipher. But J. Edgar is doggedly neutral, almost colorless (literally so, in near-monochrome visual presentation), its weird appreciation of the subject’s perfectionism and stick-to-it-iveness shutting out almost any penetrating insight. (Plus there’s Eastwood’s own by-now-de rigueur soundtrack of quasi-jazz noodling to make what is vivid here seem more dull and polite.) The love that dare not speak its name — or, evidently, risk more than a rare peck on the cheek — between Hoover and right-hand-man/life companion Clyde Tolson (Armie Hammer, very good if poorly served by his old-age makeup) becomes both the most compelling and borderline-silly thing here, fueled by a nervous discretion that seems equal parts Black’s interest and Eastwood’s discomfort. While you might think the directors polar opposites in many ways, the movie J. Edgar ultimately recalls most is Oliver Stone’s 1995 Nixon: both ambitiously, rather sympathetically grapple with still-warm dead gorgons and lose, filmmaker and lead performance alike laboring admirably to intelligent yet curiously stilted effect. (2:17) Marina, 1000 Van Ness, SF Center, Shattuck, Sundance Kabuki. (Harvey)

Jack and Jill (1:39) 1000 Van Ness, Presidio, Shattuck.

*Like Crazy Jacob (Anton Yelchin) and Anna (Felicity Jones) meet near the end of college; after a magical date, they’re ferociously hooked on each other. Trouble is, she’s in Los Angeles on a soon-to-expire student visa — and when she impulsively overstays, then jets home to London for a visit months later, her re-entry to America is stopped cold at LAX. (True love’s no match for homeland security.) An on-and-off long-distance romance ensues, and becomes increasingly strained, even as their respective careers (he makes furniture, she’s a magazine staffer) flourish. Director and co-writer Drake Doremus (2010’s Douchebag) achieves a rare midpoint between gritty mumblecore and shiny Hollywood romance; the characters feel very real and the script ably captures the frustration that settles in when idealized fantasies give way to the messy workings of everyday life. There are some contrivances here — Anna’s love-token gift from Jacob, a bracelet engraved “Patience,” breaks when she’s with another guy — but for the most part, Like Crazy offers an honest portrait of heartbreak. (1:29) California, Sundance Kabuki. (Eddy)

*Love Crime Early this year came the announcement that Brian De Palma was hot to do an English remake of Alain Corneau’s Love Crime. The results, should they come to fruition, may well prove a landmark in the annals of lurid guilty-pleasure trash. But with the original Love Crime finally making it to local theaters, it’s an opportune moment to be appalled in advance about what sleazy things could potentially be done to this neat, dry, fully clothed model of a modern Hitchcockian thriller. No doubt in France Love Crime looks pretty mainstream. But here its soon-to be-despoiled virtues of narrative intricacy and restraint are upscale pleasures. Ludivine Sagnier plays assistant to high-powered corporate executive Christine (Kristin Scott Thomas). The boss enjoys molding protégée Isabelle to her own image, making them a double team of carefully planned guile unafraid to use sex appeal as a business strategy. But Isabelle is expected to know her place — even when that place robs her of credit for her own ideas — and when she stages a small rebellion, Christine’s revenge is cruelly out of scale, a high-heeled boot brought down to squash an ant. Halfway through an act of vengeance occurs that is shocking and satisfying, even if it leaves the remainder of Corneau and Nathalie Carter’s clever screenplay deprived of the very thing that had made it such a sardonic delight so far. Though it’s no masterpiece, Love Crime closes the book on his Corneau’s career Corneau (he died at age 67 last August) not with a bang but with a crisp, satisfying snap. (1:46) Lumiere. (Harvey)

*Margin Call Think of Margin Call as a Mamet-like, fictitious insider jab at the financial crisis, a novelistic rejoinder to Oscar-winning doc Inside Job (2010). First-time feature director and writer J.C. Chandor shows a deft hand with complex, writerly material, creating a darting dance of smart dialogue and well-etched characters as he sidesteps the hazards of overtheatricality, a.k.a. the crushing, overbearing proscenium. The film opens on a familiar Great Recession scene: lay-off day at an investment bank, marked by HR functionaries calling workers one by one into fishbowl conference rooms. The first victim is the most critical — Eric Dale (Stanley Tucci), a risk-management staffer who has stumbled on an investment miscalculation that could potentially trigger a Wall Street collapse. On his way out, he passes a drive with his findings to one of his young protégés, Peter (Zachary Quinto), setting off a flash storm over the next 24 hours that will entangle his boss Sam (Kevin Spacey), who’s agonizing over his dying dog while putting up a go-big-or-go-home front; cynical trading manager Will (Paul Bettany); and the firm’s intimidating head (Jeremy Irons), who gets to utter the lines, “Explain to me as you would to a child. Or a Golden Retriever.” Such top-notch players get to really flex their skills here, equipped with Chandor’s spot-on script, which manages to convey the big issues, infuse the numbers with drama and the money managers with humanity, and never talk down to the audience. (1:45) Shattuck, Sundance Kabuki. (Chun)

*Martha Marcy May Marlene If Winter’s Bone star Jennifer Lawrence was the breakout ingénue of 2010, look for Martha Marcy May Marlene‘s Elizabeth Olsen to take the 2011 title. Both films are backwoodsy and harrowing and offer juicy roles for their leading starlets — not to mention a pair of sinister supporting roles for the great John Harkes. Here, he’s a Manson-y figure who retains disturbing control over Olsen’s character even after the multi-monikered girl flees his back-to-the-land cult. Writer-director Sean Durkin goes for unflashy realism and mounds on the dread as the hollow-eyed Martha attempts to resume normal life, to the initial delight of her estranged, guilt-ridden older sister (Sarah Paulson). Soon, however, it becomes clear that Things Are Not Ok. You’d be forgiven for pooh-poohing Olsen from the get-go; lavish Sundance buzz and the fact that she’s Mary-Kate and Ashley’s sis have already landed her mountains of pre-release publicity. But her performance is unforgettable, and absolutely fearless. (1:41) Bridge, Piedmont, Sundance Kabuki. (Eddy)

*Melancholia Lars von Trier is a filmmaker so fond of courting controversy it’s like he does it in spite of himself — his rambling comments about Hitler (“I’m a Nazi”) were enough to get him banned from the Cannes Film Festival earlier this year, where Melancholia had its debut (and star Kirsten Dunst won Best Actress). Oops. Maybe after the (here’s that word again) controversy that accompanied 2009’s Antichrist, von Trier felt like he needed a shocking context for his more mellow latest. Pity that, for Melancholia is one of his strongest, most thoughtful works to date. Split into two parts, the film follows first the opulent, disastrous, never-ending wedding reception of Justine (Dunst) and Michael (Alexander Skarsgard), held at a lavish estate owned by John (Kiefer Sutherland), the tweedy husband of Justine’s sister, Claire (Charlotte Gainsbourg). Amid the turmoil of arguments (John Hurt and Charlotte Rampling as Justine and Claire’s divorced parents), pushy guests (Stellan Skarsgard as Justine’s boss), livid wedding planner (Udo Kier, amazing), and hurt feelings (Michael is the least-wanted groom since Kris Humphries), it’s clear that something is wrong with Justine beyond just marital jitters. The film’s second half begins an unspecified amount of time later, as Claire talks her severely depressed, near-catatonic sister into moving into John’s mansion. As Justine mopes, it’s revealed that a small planet, Melancholia — glimpsed in Melancholia‘s Wagner-scored opening overture — is set to pass perilously close to Earth. John, an amateur astronomer, is thrilled; Claire, fearful for her young son’s future and goaded into high anxiety by internet doomsayers, is convinced the planets will collide, no matter what John says. Since Justine (apparently von Trier’s stand-in for himself) is convinced that the world’s an irredeemably evil place, she takes the news with a shrug. Von Trier’s vision of the apocalypse is somber and surprisingly poetic; Dunst and Gainsbourg do outstanding work as polar-opposite sisters whose very different reactions to impending disaster are equally extreme. (2:15) Albany, Embarcadero, Smith Rafael. (Eddy)

Midnight in Paris Owen Wilson plays Gil, a self-confessed “Hollywood hack” visiting the City of Light with his conservative future in-laws and crassly materialistic fiancée Inez (Rachel McAdams). A romantic obviously at odds with their selfish pragmatism (somehow he hasn’t realized that yet), he’s in love with Paris and particularly its fabled artistic past. Walking back to his hotel alone one night, he’s beckoned into an antique vehicle and finds himself transported to the 1920s, at every turn meeting the Fitzgeralds, Gertrude Stein (Kathy Bates), Dali (Adrien Brody), etc. He also meets Adriana (Marion Cotillard), a woman alluring enough to be fought over by Hemingway (Corey Stoll) and Picasso (Marcial di Fonzo Bo) — though she fancies aspiring literary novelist Gil. Woody Allen’s latest is a pleasant trifle, no more, no less. Its toying with a form of magical escapism from the dreary present recalls The Purple Rose of Cairo (1985), albeit without that film’s greater structural ingeniousness and considerable heart. None of the actors are at their best, though Cotillard is indeed beguiling and Wilson dithers charmingly as usual. Still — it’s pleasant. (1:34) Opera Plaza, Shattuck. (Harvey)

Moneyball As fun as it is to watch Brad Pitt listen to the radio, work out, hang out with his cute kid, and drive down I-80 over and over again, it doesn’t quite translate into compelling cinema for the casual baseball fan. A wholesale buy-in to the cult of personality — be it A’s manager Billy Beane or the actor who plays him — is at the center of Moneyball‘s issues. Beane (Pitt) is facing the sad, inevitable fate of having to replace his star players, Jason Giambi and Johnny Damon, once they command the cash from the more-moneyed teams. He’s gotta think outside of the corporate box, and he finds a few key answers in Peter Brand (a.k.a. Paul DePodesta, played by Jonah Hill), who’s working with the sabermetric ideas of Bill James: scout the undervalued players that get on base to work against better-funded big-hitters. Similarly, against popular thought, Moneyball works best when director Bennett Miller (2005’s Capote) strays from the slightly flattening sunniness of its lead actor and plunges into the number crunching — attempting to visualize the abstract and tapping into the David Fincher network, as it were (in a related note, Aaron Sorkin co-wrote Moneyball‘s screenplay) — though the funny anti-chemistry between Pitt and Hill is at times capable of pulling Moneyball out of its slump. (2:13) Sundance Kabuki. (Chun)

*Paranormal Activity 3 A prequel to a prequel, this third installment in the faux-home-movie horror series is as good as one could reasonably hope for: considerably better than 2010’s part two, even if inevitably it can’t replicate the relatively fresh impact of the 2007 original. After a brief introductory sequence we’re in 1988, with the grown-up sisters of the first two films now children (Chloe Csengery, Jessica Tyler Brown) living with a recently separated mom (Lauren Bitter) and her nice new boyfriend (Christopher Smith). His wedding-video business provides the excuse for many a surveillance cam to be set up in their home once things start going bump in the night (and sometimes day). Which indeed they do, pretty quickly. Brown’s little Kristi has an invisible friend called Toby she says is “real,” though of course everyone else trusts he’s a normal, harmless imaginary pal. Needless to say, they are wrong. Written by Christopher Landon (Paranormal Activity 2, 2007’s Disturbia) and directed by the guys (Henry Joost, Ariel Schulman) who made interesting nonfiction feature Catfish (2010), this quickly made follow-up does a good job piling on more scares without getting shameless or ludicrous about it, extends the series’ mythology in ways that easily pave way toward future chapters, and maintains the found-footage illusion well enough. (Excellent child performances and creepy camcorder “pans” atop an oscillating fan motor prove a great help; try to forget that video quality just wasn’t this good in ’88.) Not great, but thoroughly decent, and worth seeing in a theater — this remains one chiller concept whose effectiveness can only be diminished to the point of near-uselessness on the small screen. (1:24) 1000 Van Ness. (Harvey)

Puss in Boots (1:45) 1000 Van Ness, Presidio.

The Rum Diary Hunter S. Thompson’s writing has been adapted twice before into feature form. Truly execrable Where the Buffalo Roam (1980) suggested his style was unfilmable, but Terry Gilliam’s Fear and Loathing in Las Vegas (1998) duly captured a “gonzo” mindset filtered through quantities of drugs and alcohol that might kill the ordinary mortal — a hallucinatory excess whose unpleasant effectiveness was underlined by the loathing Fear won in most quarters. Now between those two extremes there’s the curiously mild third point of this Johnny Depp pet project, translating an early, autobiographical novel unpublished until late in the author’s life. Failed fiction writer Paul Kemp (Johnny Depp) thinks things are looking up when he’s hired to an English-language San Juan newspaper circa 1960 — though it turns out he was the only applicant. A gruff editor (Richard Jenkins), genially reckless photographer flatmate (Michael Rispoli) and trainwreck vision of his future self (Giovanni Ribisi) introduce him to the thanklessness of writing puff pieces for the gringo community of tourists and robber barons. One of the latter (Aaron Eckhart as Sanderson) introduces him to the spoils to be had exploiting this tax-shelter island “paradise” without sharing one cent with its angrily cast-aside, impoverished natives. Sanderson also introduces Kemp to blonde wild child Chenault (Amber Heard), who’s just the stock Girl here. Presumably hired for his Withnail & I (1987) cred, Bruce Robinson brings little of that 1987’s cult classic’s subversive cheek to his first writing-directing assignment in two decades. Handsomely illustrating without inhabiting its era, toying with matters of narrative and thematic import (American colonialism, Kemp-slash-Thompson finding his writing “voice,” etc.) that never develop, this slack quasi-caper comedy ambles nowhere in particular pleasantly enough. But the point, let alone the rage and outrageousness one expects from Thompson, is missing. On the plus side, there’s some succulent dialogue, as when Ribisi asks Depp for an amateur STD evaluation: “Is it clap?” “A standing ovation.” (2:00) California, 1000 Van Ness, Piedmont, Sundance Kabuki. (Harvey)

The Skin I Live In I’d like to think that Pedro Almodóvar is too far along in his frequently-celebrated career to be having a midlife crisis, but all the classic signs are on display in his flashy, disjointed new thriller. Still mourning the death of his burn victim wife and removed from his psychologically disturbed daughter, brilliant-but-ethically compromised plastic surgeon Robert (played with smoldering creepiness by former Almodóvar heartthrob Antonio Banderas) throws himself into developing a new injury-resistant form of prosthetic skin, testing it on his mysterious live-in guinea pig, Vera (the gorgeous Elena Anaya, whose every curve is on view thanks to an après-ski-ready body suit). Eventually, all hell breaks loose, as does Vera, whose back story, as we find out, owes equally to 1960’s Eyes Without a Face and perhaps one of the Saw films. And that’s not even the half of it — to fully recount every sharp turn, digression and MacGuffin thrown at us would take the entirety of this review. That’s not news for Almodóvar, though. Much like Rainer Werner Fassbinder before him, Almodóvar’s métier is melodrama, as refracted through a gay cinephile’s recuperative affections. His strength as a filmmaker is to keep us emotionally tethered to the story he’s telling, amidst all the allusions, sex changes and plot twists torn straight from a telenovela. The real shame of The Skin I Live In is that so much happens that you don’t actually have time to care much about any of it. Although its many surfaces are beautiful to behold (thanks largely to cinematographer José Luis Alcaine), The Skin I Live In ultimately lacks a key muscle: a heart. (1:57) Embarcadero, Shattuck, Sundance Kabuki. (Sussman)

*Sutro’s: The Palace at Land’s End Filmmaker Tom Wyrsch (2008’s Watch Horror Films, Keep America Strong and 2009’s Remembering Playland) explores the unique and fascinating history behind San Francisco’s Sutro Baths in his latest project, an enjoyable documentary that covers the stories behind Adolph Sutro, the construction of his swimming pools, and the amazingly diverse, and somewhat strange collection of other attractions that entertained generations of locals that came to Land’s End for amusement. Told through interviews with local historians and residents, the narrative is illustrated with a host of rarely-seen historic photographs, archival film footage, contemporary video, and images of old documents, advertisements and newspapers. The film should appeal not only to older viewers who fondly remember going to Sutro’s as children, and sadly recall it burning down in 1966, but also younger audiences who have wandered through the ruins below the Cliff House and wondered what once stood there. (1:24) Balboa. (Sean McCourt)

Tower Heist The mildest of mysteries drift around the edges of Tower Heist — like, how plausible is Ben Stiller as the blue-collar manager of a tony uptown NYC residence? How is that Eddie Murphy’s face has grown smoother and more seamless with age? And how much heavy lifting goes into an audience member’s suspension of disbelief concerning a certain key theft, dangling umpteen floors above Thanksgiving parade, in the finale? Yet those questions might not to deter those eager to escape into this determinedly undemanding, faintly entertaining Robin Hood-style comedy-thriller. Josh Kovacs (Stiller) is the wildly competent manager of an upscale residence — toadying smoothly and making life run perfectly for his entitled employers — till Bernie Madoff-like penthouse dweller Arthur Shaw (Alan Alda) is arrested for big-time financial fraud, catching the pension fund of Josh’s staffers in his vortex. After a showy standoff gets the upstanding Josh fired, he assembles a crew of ex-employees Enrique (Michael Peña) and Charlie (Casey Affleck), maid Odessa (Gabourey Sidibe), and foreclosed former resident Mr. Fitzhugh (Matthew Broderick), as well as childhood friend, neighbor, and thief Slide (Murphy). Murphy gets to slink effortlessly through supposed comeback role — is he vital here? Not really. Nevertheless, a few twists and a good-hearted feel for the working-class 99 percent who got screwed by the financial sector make this likely the most likable movie Brett Ratner has made since 2006’s X-Men: The Last Stand — provided you can get over those dangles over the yawning gaps in logic. (1:45) 1000 Van Ness, Shattuck. (Chun)

A Very Harold and Kumar 3D Christmas Delivery of a mystery package to the crash pad Kumar (Kal Penn) no longer shares with now-married, successfully yuppiefied Harold (John Cho) forces the former to visit the latter in suburbia after a couple years’ bromantic lapse. Unfortunately Kumar’s unreconstructed stonerdom once again wreaks havoc with Harold’s well-laid plans, necessitating another serpentine quest, this time aimed toward an all-important replacement Xmas tree but continually waylaid by random stuff. Which this time includes pot (of course), an unidentified hallucinogen, ecstasy, a baby accidentally dosed on all the aforementioned, claymation, Ukrainian mobsters, several penises in peril, a “Wafflebot,” and a Radio City Music Hall-type stage holiday musical extravaganza starring who else but Neil Patrick Harris. Only in it for ten minutes or so, NPH manages to make his iffy material seem golden. But despite all CGI wrapping and self-aware 3D gratuitousness, this third Harold and Kumar adventure is by far the weakest. While the prior installments were hit/miss but anarchic, occasionally subversive, and always good-natured, Christmas substitutes actual race jokes for jokes about racism, amongst numerous errors on the side of simple crassness. There are some laughs, but you know creators Jon Hurwitz and Hayden Schlossberg are losing interest when the majority of their gags would work as well for Adam Sandler. Cho and Penn remain very likeable; this time, however, their movie isn’t. (1:30) 1000 Van Ness. (Harvey)

*Weekend In post-World War II Britain, the “Angry Young Man” school excited international interest even as it triggered alarm and disdain from various native bastions of cultural conservatism. Alan Sillitoe’s Saturday Night and Sunday Morning (1958) discomfited many by depicting a young factory grunt who frequently wakes in a married woman’s bed, chases other available tail, lies as naturally as he breathes, and calls neighborhood busybodies “bitches and whores.” Today British movies (at least the ones that get exported) are still more or less divided by a sort of class system. There’s the Masterpiece Theatre school of costumed romance and intrigue on one hand, the pint-mouthed rebel yellers practicing gritty realism on another. Except contemporary examples of the latter now allow that Angry Young Men might be something else beyond the radar once tuned to cocky, white male antiheroes. The “something else” is gay in Weekend, which was shot in some of the same Nottingham locations where Albert Finney kicked against the pricks in the 1960 film version of Saturday Night. The landscape has changed, but is still nondescript; the boozy clubs still loud but with different bad music. It’s at one such that bearded, late-20s Russell (Tom Cullen) wakes up next morning with a hangover next to no married lady but rather Glen (Chris New). It would be unfair to reveal more of Weekend‘s plot, what little there is. Suffice it to say these two lads get to know each other over less than 48 hours, during which it emerges that Russell isn’t really “out,” while Glen is with a vengeance — though the matter of who is more emotionally mature or well adjusted isn’t so simple. Writer-director Andrew Haigh made one prior feature, a semi-interesting, perhaps semi-staged portrait of a male hustler called Greek Pete (2009). It didn’t really prepare one for Weekend, which is the kind of yakkety, bumps and-all romantic brief encounter movies (or any other media) so rarely render this fresh, natural, and un-stagy. (1:36) Lumiere. (Harvey)

The Woman on the Sixth Floor There is a particular strain of populist European comedy in which stuffy northerners are loosened up by liberating exposure to those sensual, passionate, loud, all-embracing simple folk from the sunny south. The line between multicultural inclusion and condescension is a thin one these movies not infrequently cross. Set in 1960, Philippe Le Guay’s film has a bourgeoisie Paris couple hiring a new maid in the person of attractive young Maria (Natalia Verbeke). She joins a large group of Spanish women toiling for snobbish French gentry in the same building. Her presence has a leavening effect on investment counselor employer Jean-Louis (Fabrice Luchini), to the point where he actually troubles to improve the poorly housed maids’ lot. (Hitherto no one has cared that their shared toilet is broken.) But he also takes an inappropriate and (initially) unwanted romantic interest in this woman, lending a creepy edge to what’s intended as a feel-good romp. (For the record, Verbeke is about a quarter-century younger than Luchini — a difference one can’t imagine the film would ignore so completely if the genders were reversed.) Le Guay’s screenplay trades in easy stereotypes — the Spanish “help” are all big-hearted lovers of life, the Gallic upper-crusters (including Sandrine Kiberlain as J-L’s shallow, insecure wife) emotionally constipated, xenophobic boors — predictable conflicts and pat resolutions. As formulaic crowd-pleasers go, it could be worse. But don’t be fooled — if this were in English, there’d be no fawning mainstream reviews. In fact, it has been in English, more or less. And that ugly moment in cinematic history was called Spanglish (2004). (1:44) Albany, Opera Plaza. (Harvey)

The growing 99 percent

0

steve@sfbg.com

In recent weeks, the Bay Area has been roiled by anger and frustration with how the rich have grown richer while the rest of us endure underemployment, foreclosures, and deep cuts to public education and services, peaking with the Nov. 2 Oakland General Strike that drew more than 10,000 people into the streets to demand economic justice.

The Occupy Wall Street movement — and its many local manifestations, including OccupySF and Occupy Oakland — has been the main vehicle for those populist passions for the last two months, with the support of the labor movement. But now, student and faculty groups from California’s three public university systems are about to get involved in the fight in a big way.

Student and labor groups allied with the ReFund California coalition are planning a week of action for Nov. 9-16, culminating that final day in demonstrations outside the California State University Board of Trustees meeting in Fullerton and University of California Board of Trustees meeting at the UCSF campus in San Francisco’s Mission Bay.

Those protests aim to connect the problem of deep cuts and tuition hikes in the public university systems with the larger issue of wealthy individuals and corporations that haven’t been paying their fair share. The coalition wants the boards to pledge support for a five-point action plan that includes taxes on the wealthy, removing commercial property from Prop. 13 caps on property taxes, restoration of cuts to higher education, a sales tax on Wall Street financial transactions, and pressuring banks to reduce mortgage debt on underwater homes.

Charlie Eaton, a ReFund California organizer from United Auto Workers Local 2865, which represents teaching assistants at UC, notes that many UC and CSU board members also sit on the boards of major banks and corporations that have contributed to the current financial crisis and which have been in the crosshairs of the Occupy Wall Street movement.

“It’s really a club of California’s corporate elites,” Eaton said. “It’s about saying to these folks: if you aren’t willing to actively support paying your fair share, or at least get out of the way, we can’t let it be business as usual at the Wall Street institutions that you help run.”

 

NO BUSINESS AS USUAL

He said there’s a direct connection between the actions of these corporate boards and lack of resources in California for public education and services, so it’s only right that these powerful board members — from Regent Richard Blum, the investment banker husband of Sen. Dianne Feinstein, to Trustee Bill Hauck, former head of the California Business Roundtable — support the needs of the 99 percent.

“We’ll be there to call on them to sign the pledge,” Eaton said of the Nov. 16 meetings. “And if they aren’t prepared to make that pledge, we’re headed to the Financial District to make sure there is no business as usual for these corporations.”

That day of action will echo the last ReFund California protest in San Francisco, the Sept. 29 “Make Banks Pay” march through the Financial District that was one of the first high-profile demonstrations involving OccupySF. The march was several hundred strong, targeting major financial institutions including a Chase Bank branch on Market Street that was occupied by protesters, resulting in six arrests.

When we asked Eaton whether the Occupy movement would lend its energy and numbers to these ReFund California protests, he said, “We’re embedded in the Occupy movement, so it’s not quite right to say it’s something the Occupy movement might help with…I think the Occupy Wall Street movement shows we can make them pay.”

Meanwhile, the next day (Nov. 17), Occupy Wall Street plans to march the 11-mile length of Manhattan in a day of action that will be supported by solidarity marches by Occupy encampments across the country. That is also the day that a two-campus strike is being threatened by the California Faculty Association.

“I think that day is going to be a busy day all around the nation,” Kim Geron, a political science professor at CSU East Bay and vice president of the CFA, told us.

On Nov. 7, the CFA Board of Directors authorized one-day strikes for Nov. 17 at the CSU East Bay and CSU Dominguez Hills campuses to protest CSU Chancellor Charles B. Reed’s decision to withhold negotiated faculty pay raises. It would be the first faculty strike in the system since 1983, although a strike was authorized in 2007 but called off after a negotiated settlement.

After the vote, according to a statement put out to members, CFA President Lillian Taiz told her board, “We hope this carefully targeted strike, which symbolizes both our anger and our commitment to fairness, will lead to changes in his priorities and his positions. If it does not, the CFA leadership—and the CSU faculty we represent—are prepared to escalate the fight.”

 

DUCKING THE TAX ISSUE

CSU spokesperson Mike Uhlenkamp said the campuses will remain open despite the strikes. “We expect it to be business as usual,” he said. As for the pledge that ReFund California is seeking, “We don’t get into advocating between taxing and not taxing,” he said, saying that’s a state decision and “we’re not going to push them to make that determination.”

Guardian calls to the UC President’s Office were not returned by press time. A spokesperson for Gov. Jerry Brown, who is the subject of a student letter-writing campaign urging him to tax the rich and stop cutting public services, continued to blame Republicans.

“We too are deeply concerned about cuts to the state’s universities and colleges, which is why the Governor pushed for a solution to our budget deficit that included extending revenues. Unfortunately, Republicans in the Legislature refused to even allow the people of California to vote on the measure, which could have helped prevent future cuts,” Brown spokesperson Evan Westrup responded via email.

When we asked whether Brown was simply giving up, how he planned to deal with the problem, and why Brown has not followed up his campaign pledge to tax the rich with any proposals to do so, he wrote simply, “There are a number of ways to pursue additional revenue moving forward and these options are being considered.”

Geron said there is a clear connection between problems in the CSU system and the hoarding of resources by the richest one percent of Americans, the main critique of Occupy Wall Street, a movement driven largely by current and recent college students.

“We are part of it. One of our slogans is we are the 99 percent and we teach the 99 percent,” Geron told us.

While the CFU is focused on decisions by the Chancellor’s Office — indeed, the strike is legally allowed only because the chancellor broke the contract by withholding negotiated pay increases — Geron said those decisions were made in a climate of deep funding cuts prompted by the state budget crisis.

“Obviously, the economic crisis is a lot of the reason why all this happened. It’s part of a larger crisis that is going on about how to fund the public good, including higher education,” Geron said. “Students are paying a lot more and getting a lot less. That’s the heart of what’s going on.”

The UC Student Association is taking part in the ReFund California week of action, but has not yet voted to participate in direct action against corporations on Nov. 16, Executive Director Matt Haney told us. But he said that many UC students will still take part in that action, just as they’ve been taking part in the Occupy movement.

“It’s the same frustrations. We have to get out there and start pushing this ourselves,” he told us. “We need to show the state that things can’t just keep moving along as they have. We have to put a stop to business as usual. The economic collapse is what destroyed the UC system.”

Haney sees the student, labor, and Occupy movements starting to come together in a very natural way. “It has really put the wind in the sails of student activists to see the energy of the Occupy movement,” Haney said. “There is a coming together of students and labor, and it’s overlapping with the Occupy movement in a powerful way.” *

Find details about the ReFund California Week of Action at www.makebankspaycalifornia.com.

SFBG Radio: Jerry Brown, WTF?

4

In today’s episode, we try to figure out WTF is up with Jerry Brown — and what Californians can do about it. Listen after the jump.

RecallMoonbeam by endorsements2011

Brown vetoes bicycle buffer zone

92

Anyone who has ever ridden a bicycle knows how scary and dangerous it is when cars pass too closely at high speed. So the California Bicycle Coalition made its top legislative priority for the year a bill, SB 910, to require drivers to give bicyclists a three-foot buffer or slow down to 15 mph. And even though the Legislature overwhelmingly approved this reasonable traffic safety measure, Gov. Jerry Brown vetoed it on Friday.

“His veto made no sense. We honestly can’t figure out why he vetoed the bill,” said CBC executive director Dave Snyder, a San Francisco resident who used to run the San Francisco Bicycle Coalition and who founded Transportation for a Livable City (now known as Livable City). “It’s not based on logic or public policy, but just based on politics.”

The California Highway Patrol and California Department of Transportation opposed the measure on the grounds that it could impede the flow of automobile traffic, and Brown cited their stand in his veto message. Indeed, keeping cars moving at high speed has long been the central goal of these agencies, even when it has high economic, environmental, or public safety costs.

But Snyder is right that Brown’s veto message is confusing and contradictory. He expresses support for the three-foot buffer, but expresses concern about slowing traffic to 15 mph, seemingly confused about the meaning of the word “or,” meaning drivers can provide the buffer or slow down to a safe passing speed if they’re unable to give bicyclists that much room.

People who don’t ride bikes tend to forget that automobiles are deadly weapons, and that a bicyclist’s brief swerve to avoid a pothole, broken glass, or other hazard can have disastrous consequences if a car is passing too closely. This veto follows another illogical one – Brown’s rejection of Sen. Mark Leno’s local vehicle license fee bill, which would have pumped $75 million into SF’s coffers and was almost universally supported by this year’s mayoral field – that gave undue deference to automobile owners.

Meanwhile, the San Francisco Police Department recently launched a crackdown on bicyclists in the city, issuing dozens of tickets on Market Street for running stop lights and on Townsend for briefly riding on the sidewalk en route to the Caltrain station – and ignoring the nearby cars parked in bike lanes and running those same red lights.

Now, before we get to the commenters’ tirade about scofflaws on bicycles – which come every time we write about bikes – let me note that people break the law on every form of transportation, everyday. Motorists speed, run stop signs and lights, and illegally edge past pedestrians (who themselves jaywalk with great regularity). And every Muni bus has several riders who haven’t paid. None of us are angels, so try not to get too worked up into a sanctimonious rage.

But if you want to truly understand why bicyclists can often be so flagrant in our disregard for the law, consider that we’re using a transportation system and abiding traffic laws that weren’t designed for us. Seriously, just ride a bike and you’ll quickly understand. We don’t need to stop at every stop sign or signal light to have a safe, smooth-flowing transportation system that doesn’t steal the right-of-way from drivers, who we can usually see and hear coming with plenty of time to stop. Idaho and other jurisdictions actually treat bikes differently than cars in this realm, with laws that don’t require cyclists to lose momentum by repeatedly coming to complete stops, and it works well.

The fact is, the bike buffer bill is the very minimum that we need to encourage cycling as a safe and appealing transportation option to more people, which would only help our environment, public health, and dependence on fossil fuels. And the fact that it was vetoed for petty, illogical reasons is incredibly frustrating.

Yet there may be a silver lining to this. Snyder said the CBC, which is just beginning to increase its reach and influence and to prepare a more ambitious agenda on behalf of California cyclists, will use this defeat as a launching pad for future efforts.

“The main benefit of the three-foot bill was the community organizing that we did to get is passed. So now we can leverage that for our next steps,” Snyder said. “California needs a lot more than a three-foot buffer to give people more safe transportation choices.”

Jerry Brown has lost his mind

8

He’s all for “realignment” — giving counties more responsibility for public services. He’s all for environmental initiatives that decrease the state’s reliance on fossil fuels. But when a measure comes along that does both — at no harm to anyone in Sacramento, and has the support of just about everyone in San Francisco from the Chamber of Commerce to the Labor Council — he vetoes it.

Brown just announced that he won’t sign Sen. Mark Leno’s SB 223, which would have allowed San Francisco to bring in as much as $75 million a year in new revenue by raising license fees on cars.

Let’s look at this for a moment. New revenue to handle increased state mandates — without Brown having to raise anyone’s taxes. Local control (San Franciscans would have to vote to tax themselves on car use.) A rejection of his Republican predecessor’s unliateral decimation of the state budget. And someting that discourages car use in the process.

A winner on every account. A perfect piece of Jerry Brown legislation that fits in precisely with everything he’s been talking about as governor.

And yet, he vetoes the bil, issuing a ridculous statement calling Leno’s bill “piecemeal” and asking for “a broader revenue solution to the state’s fiscal crisis” — something he knows the Republicans won’t allow and thus will not happen any time soon.

I dunno. Looks to me like Jerry’s gone off the deep end.

Will Brown sign Leno’s VLF bill?

11

We’re still waiting. A bill that could bring San Francisco another $75 million a year — just by restoring the vehicle license fee that people in this city paid before Arnold Schwarzenegger gutted it — is still sitting on Gov. Jerry Brown’s desk. And we have no idea what action he’s going to take on Sen. Mark Leno’s SB 223.

The good news is that he has already signed one bill that grants local governments in the East Bay to raise sales taxes with a vote of the people. So he’s clearly open to the idea. Leno told us he remains hopeful. “We’ve been working on this for eight years,” he told me. “And there’s never been a time when local government needs it more.”

Mayor Ed Lee has voiced his support; so has the Board of Supervisors. The SF Chamber of Commerce and the Labor Council are on board. “You can’t get much more broad-based support than we have in San Francisco,” Leno said.

There’s a form to email the governor here.

BART seeks power to ban targeted individuals

17

Legislation currently before California Governor Jerry Brown would allow Bay Area Rapid Transit (BART) to ban passengers who have been convicted of a crime committed while on BART property. Written into a renewal of legislation for existing transit rules in the Sacramento area, the bill being considered by Governor Brown, AB 716, would make it an infraction to return to BART stations or use the regional transit system for up to one year.

“BART seeks whatever legal solutions we can to keep our passengers safe. There are dangerous people who are attracted to these public places. For example, we had a stabbing at the gates of Balboa station on the 8th of September,” BART spokesperson Luna Salaver told the Guardian. “This is something that BART can use as a tool.”

BART denied any connection between the wave of recent protests and the addition of BART to the bill renewal of AB 716. The BART Board of Directors began pursuing their inclusion into the legislation this spring, and addressed the issue at its June 9 board meeting — before frequent protests began over the July 3 shooting death of Charles Hill by BART police at Civic Center Station.

However, if passed, the resulting ordinance could be applied to protesters, some of whom have been arrested during civil disobedience that has caused rush hour service disruptions of BART’s operations, and others who have been arrested in official free speech areas while not directly contributing to a disruption in service.

With some 350,000 people passing through turnstiles each weekday, BART does not believe it can easily prevent everyone who is cited from re-entering BART, but says it will serve as an additional tool if a person is re-encountered by BART police. While a fine of $75 on the first offense may not be enough on its own to act as a deterrent, infractions to the law could be examined as probation or parole violations and subsequent infractions carry heavier fines.

“It would be preferable if these types of conditions were set by a judge as a condition of probation,” said Michael Rifher, staff attorney ACLU of Northern California. “These types of ordinances imposing ‘stay away’ orders without judicial oversight are an area that is very open to abuse.”

Specifics on how the new law would be enforced are not in place yet, and will be developed by BART if the bill receives Gov. Brown’s signature.

“If the bill passes the Governor’s desk, BART will still have to go through its own process to implement it as an ordinance,” said Salaver. “This is something BART can uses as a tool but it will not likely be invoked automatically.”

Rifher says the underlying legislation does go further to protect free speech and the rights of the disabled than many examples of “stay away” legislation. For example, according to the text of the legislation, someone banned from riding BART or entering the station would still be allowed to “engage in activities that are protected under the laws of the United States or of California, including, but not limited to, picketing, demonstrating, or distributing handbills.”

In discussing the process of implementing an ordinance, BART said it would invite people from the disabled community, who may have special concerns about the formation of BART’s policy, to participate.

Sources familiar with the bill say it is unclear whether Governor Brown plans to sign the legislation.

SOS: Sign a petition to urge Gov. Brown to sign a bill restricting warrantless police searches of cell phones

0

Peter Scheer, executive director of the First Amendment Coalition (FAC),  put out an SOS for First Amendment advocates to sign a FAC  petition aimed at getting Gov. Jerry Brown to  sign a key bill now on his desk.

 FAC’s petition, Scheer says,  urges  Brown to sign FAC-sponsored SB 914, which will restrict  warrantless police searches of cell phones. .

Here’s the petition:
http://bit.ly/r4gLB3

Scheer reports that a CNN story today (also blogged on Calaware.com) reporting that SB  914 has already become law is mistaken. (CNN promises a rewrite and  Calaware has withdrawn the blog post). Gov. Brown has until Oct. 10  to sign, veto, or allow SB 914 to become law through inaction. All options are open. Brown is undecided. He is being lobbied by law enforcement to veto, which is why FAC’s petition matters.

——————————————————————
Peter Scheer, Executive Director
FIRST AMENDMENT COALITION
534 4th St., Suite B
San Rafael, CA 94901
415.460.5060  /  415.886.7081 (direct)
pscheer@firstamendmentcoalition.org
http://www.firstamendmentcoalition.org

Dick Meister: the farmworkers are marching to Sacramento

4

By Dick Meister

(Part one of a five part daily series on the farmworkers)

It’s hot, very hot, in the Central Valley, but still they march on toward Sacramento, thousands of members and supporters of the United Farm Workers union. They’ve been at it since August 22nd, when the 13-day, 200-mile trek began. The UFW has done it before, and for good reason. Like the others in the past, this march has drawn public attention to the union’s cause, energized its members and current supporters and doubtless added to its many supporters worldwide.

But will the march accomplish its immediate goal? That’s to win passage of the Fair Treatment for Farm Workers Act that would overcome serious obstacles to farm worker unionization, and another bill that would grant farm workers the right to be paid overtime after eight hours a day, 40 hours a week like non-agricultural workers.

That is largely up to Gov. Jerry Brown, who in June vetoed the Fair Treatment for Farm Workers Act for being “too drastic,” despite direct pressure from more than 1000 workers during the 12 days he deliberated before acting on the bill. They fasted, held vigils outside his office and rallies on the capitol grounds, complaining loudly about the desperate need for firm union rights to improve their miserable pay and working conditions, including the great need to protect them from the severe – sometimes deadly – heat in which they must work.

As a Kern County vineyard worker, Eva Orozco, explained:

“The pay is very low, they pressure us heavily to produce, they don’t respect us and we have to run and drink water quickly and use the bathroom quickly because if we take long we could be fired. Sometimes I’m afraid to show up for work for fear that that I will not work fast enough and I will be fired.”

The marchers will bring their complaints and demands directly to Brown when their march ends Sept. 4 outside Brown’s office. Like his father, former Gov. Pat Brown, Jerry Brown once was one of the UFW’s closest allies. In his earlier term as governor, Jerry Brown pushed through the Legislature the pioneering bill that granted California farm workers the union rights denied them elsewhere.

Ironically, the first of the UFW’s marches to Sacramento, in 1966, was aimed at pressuring Gov. Pat Brown to sponsor a bill that would grant union rights to farm workers. He refused, despite the urgings of more than 8,000 UFW members and supporters who gathered outside the Capitol at the end of the 25-day march.

Farm workers did not get those rights until his son won passage of the bill – the Agricultural Labor Relations Act or ALRA – that granted the rights nine years later after a week long march from San Francisco to the Modesto headquarters of the huge Gallo winery, which had rebuffed vineyard workers’ demands for a union representation election.

More than 15,000 people marched into Modesto, convincing Jerry Brown and state legislators that the UFW retained a sizable and influential constituency and great organizational ability. That had very much to do with passage of the ALRA and the consequent success of the UFW in winning union contracts, The law, however, was barely enforced by Democrat Brown’s successors as governor, Republicans George Deukmejian and Pete Wilson and Democrat Gray Davis.

The latest march could very well convince Jerry Brown to come to the aid of some of the state’s neediest, yet most broadly supported workers. He did it before and he can do it again.

 

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns.

 

Big solar, little solar

4

rebeccab@sfbg.com

At a business conference this past May hosted by Wired Magazine, Bill Gates, the billionaire chair of Microsoft and an influential philanthropist, offered his two cents on solar energy. “If you’re going for cuteness,” he told Wired, “the stuff in the home is the place to go. It’s really kind of cool to have solar panels on your roof. But if you’re really interested in the energy problem, it’s those big things in the desert.”

Those big things in the desert are solar farms, designed to concentrate energy from the sun using arrays of mirrors or parabolic troughs spanning vast swaths of land. They’re green versions of the types of power plants big energy companies have always relied on — centralized, dependent on transmission lines, and requiring billions of dollars in investment. Some rely on water from desert aquifers for cooling, cleaning, and steam generation. Yet the plants can replace electricity that traditionally has been derived from burning coal, representing a significant advancement away from fossil fuels.

It’s too early to say whether California’s energy future will follow Gates’ maxim that rooftop solar is “cute” while desert solar represents the serious stuff. Others have argued just the opposite, and momentum is building on both fronts. Gov. Jerry Brown has endorsed the idea of installing 12,000 megawatts of rooftop solar, and was expected to bring stakeholders together in late July to discuss how to accomplish that goal.

At the same time, large-scale desert solar is attracting billions in investment, and big-name companies such as Bechtel, Chevron, AECOM, and Pacific Gas & Electric Co. are engaged in its development. The California Energy Commission approved nine desert solar-thermal projects last year, capable of producing 4,100 megawatts.

As California moves toward fulfilling a mandate of generating 33 percent of electricity from renewable power sources by 2020, there’s bound to be a political edge to solar development too. Giant utility companies profit by sending power along their transmission lines from desert solar farms to the grid. On the other hand, if energy-conscious customers generate more power than they use with rooftop solar panels, the utility company has to cut them a check. So there’s little incentive for utilities to encourage customer-owned, distributed generation of renewable power.

Jeanine Cotter, CEO of San Francisco-based Luminalt, a small solar installer, says it takes her work crew about a day and a half to mount new panels onto a rooftop. “That will produce power for that home for the next several decades,” Cotter notes. “It’s a rapidly deployable technology that is durable and will last a long time.”

Cotter practices what she preaches. “At my house, if you turn on all the appliances, you can look at the meter and see that we’re still relying on PG&E to bring us power,” she says. Cutting down results in the meter showing that the panels are producing electricity for the grid.

Self-empowerment is a major draw for proponents of rooftop solar. “The choice is pretty clear: pay for the ongoing cost of remote central-station renewable power or pocket the savings of locally-generated renewable power,” Al Weinrub of the Sierra Club writes in a pitch for decentralized solar generation in a January 2011 report. “Businesses with large rooftops or parking lots can become small power companies that feed electricity into the grid. Community cooperatives can pool the rooftop area of their neighborhoods to form, for example, an East Oakland Power Company.” The revenue could be rolled into job creation and more green-energy development.

Rooftop solar has gained traction in California over the past five years with a $3 billion program to subsidize installations. The California Public Utilities Commission recently touted the California Solar Initiative (CSI) program’s success — a 47 percent growth in installations since 2009. All told, the Golden State boasts 924 megawatts of solar generation capability, installed at 94,891 locations. Consultants for the California Public Utilities Commission found that 11,543 megawatts of solar could be generated on large urban rooftops statewide, while another 27,000 megawatts could be generated on empty lots near rural substations.

The potential is huge, but a cost barrier remains. Even with incentives, residential solar remains largely inaccessible to people who aren’t rich enough to own property or finance the upfront cost. In San Francisco — recently declared the greenest city in North America by Siemens — roughly 70 percent of residents are renters who almost never have the option of going solar. Proponents of desert solar farms claim that the large-scale, centralized technology offers something that rooftop panels can’t — the potential to bring renewable energy to the masses.

The largest desert solar plant under construction worldwide is BrightSource’s Ivanpah plant, which Bechtel is building in the Mojave Desert. Spearheaded by an Oakland company, the plant uses sunlight and mirrors to generate steam to power a turbine. The energy will flow onto the grid to serve PG&E and Southern California Edison customers. It’s a dramatic improvement compared with burning coal, but there are other issues. On a yearly basis, it will use enough groundwater in the arid desert to cover 100 acres, one-foot deep. And it riled environmentalists who worried that it would affect the habitat of an endangered tortoise.

No one disputes that on a per-watt basis, it’s cheaper to install desert solar than rooftop solar. According to estimates from Go Solar California, it costs more than $8 per watt to install small-scale rooftop solar systems, while recent costs for desert solar farms have been calculated at around $4 per watt. “Because they have the economy of scale, they can be built at less cost,” notes John White, executive director of the Sacramento-based Center for Energy Efficiency and Renewable Technologies.

Yet a renewable energy expert who formerly worked for the California Energy Commission (CEC) says comparing costs of desert and rooftop solar from the point of view of the customer tells a different story. In April, Sanford Miller delivered a presentation at UC Davis that could have been considered subversive. His analysis essentially found that ratepayers shell out less to subsidize rooftop solar installations than they do to finance the purchase of energy from desert solar farms once the full cost of transmission and environmental mitigation are factored in.

“From a ratepayers’ perspective, rooftop solar would be significantly cheaper than the desert solar,” Miller says. When he sent his findings around to his colleagues at the CEC, “no one disputed it,” he said. “But the view was that desert solar was inevitable.”

But that still leaves the question of who can afford solar — and this is where Tom Price, former executive director of Black Rock Solar and now part of a solar investment firm called CleanPath, believes he’s found a middle way. As things stand, every utility customer chips in to subsidize the cost of individualized solar panels for the lucky few who are installing them, he points out, and those same customers are footing the bill for energy companies to buy power from giant solar farms. He’s pushing the Community Solar Gardens bill as an alternative.

Introduced as Senate Bill 843 by Sen. Lois Wolk (D-Davis), the bill would allow any customer to purchase a subscription to a centralized renewable energy facility, and receive credit on their utility bill in exchange for the monthly fee.

White takes the view that all the different solar technologies are needed — rooftop, desert, and “intermediary” — the kind of small-scale, centralized facility that is located closer to the customers who will use it, like the solar array at the Sunset Reservoir in San Francisco. “After Fukushima [Daiichi Nuclear Power Plant in Japan], we need to begin talking seriously about reducing our dependence on nuclear power,” White says. “When you look at what we’re trying to replace and what we’re trying to avoid, it’s like we’re trying to assemble a new portfolio.”

 

Dick Meister: Farm workers need drastic change

0

No workers are more in need of union protection than the nation’s miserably treated farm workers. Yet a promising new effort to ease their path to unionization has been blocked by one of their former champions, Gov. Jerry Brown.

Brown was rightly hailed for signing, in an earlier term as governor, the 1975 law that granted farm workers in California the collective bargaining rights denied them nationwide. It’s the weapon farm workers must have if they are to escape poverty and the arbitrary and often harmful actions of grower employers.

But now, Brown has vetoed a bill sponsored by the United Farm Workers union, the UFW, that would have made it much easier for farm workers to unionize. Currently, they can be granted bargaining rights only if a majority working for a particular grower votes for unionization. The vetoed measure, the so-called Card-Check Bill, would have granted bargaining rights simply on the showing of union membership cards or petitions for union recognition signed by a majority of workers.

Farm workers, of course, are among our most important workers. They help feed us, after all. Their pay nevertheless averages less than $10,000 a year, and most lack employer-paid health care and other benefits. They work hard, frequently under the blazing sun, with few  – if any – rest breaks and without even such simple on-the-job amenities as fresh drinking water and toilets.

The UFW, which sponsored California’s 1975 law, has been trying for many years to remedy farm workers’ conditions by leading them in drives aimed at winning union contracts that promise them decent treatment and an effective voice in determining their wages, hours and working conditions.

 It’s not been easy for the UFW, even with the law in effect. Thanks mainly to employer intimidation and high worker turnover, the union has been able to sign up only a small part of California’s farm labor force and to win only a relatively few contracts from growers. But it’s an important start. Without the law, it would have been nearly impossible.

So why in the world did self-proclaimed farm worker advocate Jerry Brown veto the bill that would have strengthened the union rights granted farm workers in the bill he signed 36 years earlier?

Well, Brown didn’t say much, but did say he didn’t like the bill because it called for “drastic change.”  Which it did, of course. That, as Brown must know, is exactly what’s needed.

Requiring union rights to be granted only by elections gives growers a great opportunity to unfairly pressure workers into voting against unionization – and many take full advantage of the opportunity.

It’s common for growers faced with elections to require workers to attend meetings at which they rail against unions, threaten to fire union supporters and warn that they might have to go out of business if their farms are unionized, or at least greatly curtail operations and thus job opportunities.

“You’re talking about voting on the employer’s site, with foremen and supervisors making eye-contact with you after they’ve alluded to or flat out threatened you with the loss of your job or your housing,” notes a UFW vice president, Armando Elenes. “It takes a lot of strength to even vote.”

There’s plenty of evidence that employers do indeed put lots of pressure on workers to vote against unionization. UFW President Arturo Rodriguez notes, for example, instances of growers pulling guns on workers who were trying to organize.  That may seem exaggerated – but not to anyone who’s experienced the superheated grower-worker confrontation up close.

The UFW is not giving up the struggle for Card-Check recognition. The union will soon re-introduce the Card-Check bill in Congress with the strong backing of the nation’s labor leaders. Some of them call it the single most important labor bill in the country this year.

It certainly is for farm workers and should be for workers in other industries throughout the country who also seek Card-Check rights, and for anyone who wants decent treatment for those whose vital work helps put food on our tables.

 

Dick Meister is co-author of “A Long Time Coming: The Struggle to Unionize America’s Farm Workers” (Macmillan). He can be reached through his website, www. dickmeister.com.

 

Here’s tax reform, Jerry

14

Everyone knows I’m a fan of taxing the rich and that I think most of the economic problems in our country have their roots in the growing inequality of the past few decades, so it should come as no surprise that I enjoyed the Cruickshank piece on Calitics. He’s got exactly the right idea: Tax reform that benefits the wealthy (or, in fact, tax reform that doesn’t force the wealthy to pay more) isn’t tax reform at all.


I was on a houseboat at Lake Shasta over the 4th of July, arguing with some very smart people about why the economy is so fucked up (yeah, for relaxation I go someplace beautiful — then sit around and talk about economic policy), and we covered a lot of ground. My friend the investment banker and corporate executive said that out-of-control CEO pay — and bonus payments for failure, and lack of corporate accountability — were a bit part of the problem. “If corporations succeed, then everyone — all the people who work there, at every level — ought to benefit,” he pointed out. True: In the early post-War era, labor union clout in major industries (automotive, for example) forced corporations to pay a decent middle-class wage — that is, to share the fruits of success with the workers. That’s all gone now. “Corporations don’t pay enough taxes,” my friend the corporate salesman said — and he’s right, too.


And all of us agreed that higher taxes won’t drive corporations out of the country or out of states or even out of cities; the actual numbers of businesses that pick and and move because of taxes (as opposed to labor-force issues, rents, land availablity, access to transportation etc.) is so minor it’s not even worth talking about.


But those are just pieces of the puzzle. Here’s what I always come back to: Over the past couple of decades, the size of the U.S. economy has doubled — and real wages have been essentially flat. All that new money has gone to the very, very top. Robert Reich explain this brilliantly in exactly two minutes — and I don’t care how busy you are, you have two minutes to watch this video.


That, really, is the root of everything, the reason we’re still in a recession, that people are losing their homes, that government debt is soaring … it’s all because this country, as a matter of public policy, has allowed the very, very rich to take almost all of our wealth. We have become a banana republic, a corporate kleptocracy, a place so badly managed that it we weren’t the United States, the news media would be reporting on our utter lack of economic democracy. And they’d be saying that the system is so unsustainable that one way or the other, it’s going to collapse.


Jerry Brown must know this. He’s not going to run for another term. There’s no excuse at all for not at least proposing a modest tax increase on the highest earners and the most profitable big businesses. Come on, guv: What are you waiting for?


 

Hunger strike highlights horrible prison conditions

14

In a state that’s still floundering for ways to comply with court orders to drastically reduce the number of inmates in a prison system that has long been severely overcrowded, people in prison face unconstitutionally inhumane and degrading treatment on a daily basis. And now a group of inmates is highlighting the problem with a hunger strike that begins this Friday, July 1.

Lawyers for and supporters of the group of inmates from the Secure Housing Unit at the notorious Pelican Bay prison will hold a press conference tomorrow (Thu/30) at 11 am outside the state building at 1515 Clay Street in Oakland to announce the hunger strike to back up a list of demands they have submitted to the warden and Gov. Jerry Brown. Their demands include an end to long-term solitary confinement, collective punishment, and forced interrogation on gang affiliation, and they say they will continue their hunger strike until their demands are met.

“The prisoners inside the SHU at Pelican Bay know the risk that they are taking going on hunger strike,” Manuel LaFontaine of All of Us or None said in a prepared statement. “The CDCR must recognize that the SHU produces conditions of grave violence, such that people lose their lives in there all the time.”

The anti-war group World Can’t Wait is also supporting the hunger strike and calling for a supportive demonstration on Friday at 11 am outside the state building in San Francisco at Van Ness and McAllister streets. California officials have for years defied judges’ orders to reduce the prison population, which is at 180 percent of capacity, and the Supreme Court this year upheld the order and is requiring the state to reduce the prison population to 109,000 inmates, of 137.5 percent of the levels the prisons were designed to house.
The Brown Administration is seeking an extension of the deadline as it wrestles with political gridlock and a budget debacle that has stymied the governor’s efforts to transfer more prison inmates to county jails. But that plan avoids the reality that the U.S. has by far the highest incarceration rate in the world, a situation that is both inhumane and fiscally unsustainable.

Cleaning up UC’s mess

5

news@sfbg.com

By 7 a.m., when engineering students begin to trickle into Cory Hall at UC Berkeley, Arnold Meza has already scrubbed the floors, wiped clean the chalkboards, and emptied the trash of 30 offices and many of the classrooms and hallways of the six-floor building.

His early shift as a custodian is a gift, he says, because it is steady compared to his former swing-shift schedule, but Meza is still barely making rent. And he is a single father of four. Like many service workers in the University of California system, Meza wonders how the university can refuse to give him a 3 percent wage increase while top UC executives receive six-figure bonuses every year.

“It falls on broken promises,” Meza said while tying up a bag of trash, one of hundreds he would take out that week. Meza was referring to an agreement in 2009 between the university and its service workers unions, including Meza’s union, AFSCME (American Federation of State, County and Municipal Employees). At that time, the administration established a minimum wage (currently $13 per hour) for the more than 7,000 service workers and agreed, if funding was available, to increase wages annually to bring their low-wage workers out of poverty.

But the university is going back on its promise, refusing to increase wages with the funding dedicated for that very purpose, the East Bay Alliance for a Sustainable Economy and the Partnership for Working Families (EBASE) notes in its recent report titled “Bad Budgeting, Broken Promises.”

As the UC Office of the President sees it, the 2009 discussion was not an agreement at all, but a “conditional memorandum of understanding” that would only be effective if state funding was available, said UCOP spokeswoman Dianne Klein.

“We’ve already taken $500 million in cuts. We’ll have to take another $500 million in cuts. Because there is no new money, the memorandum of understanding is moot,” Klein told us.

The state budget vetoed by Governor Jerry Brown last week would have set the UC system back $150 million in cuts on top of the $500 million in cuts approved by Brown in January. How much more will actually be cut from UC funding remains to be seen, but the forecast is not promising.

Despite the cuts, the proposed budget bill states that $3 million in distributed state funds should go toward the salaries and benefit of service workers in the UC system. In a March 24 letter to the governor, UC President Mark Yudof requested that the governor veto that restriction so the university could use the dedicated $3 million “to preserve our flexibility in dealing with the $500 million reduction.”

Compared to the total UC budget of $21.8 billion, that $3 million makes up only 0.014 percent — nickels and dimes to give employees a living wage.

Meanwhile, Meza and his fellow coworkers struggle to put food on the table, making ends meet by working two jobs. After his 4 a.m. to noon Monday through Friday shift, Meza works eight-hour shifts as a car mechanic on weekends. Similarly, many UC service workers collect cans to get a few dollars from the recycling center.

“When I started here 20 years ago, I was making close to $9 an hour. That wasn’t enough,” recalled Meza, who put his four children through public high school on that salary. Today, Meza brings home about $2,400 a month, barely enough to cover rent and a few bills at his El Cerrito home.

“I want my kids to go to college. But financially, I can’t afford it,” he said. “For me, it’s a sad reality.”

Meza’s union, AFSCME, is working with UC to lower the workers’ contribution to retirement pensions to 1.5 percent. The university proposes a 3.5 percent pension plan to go into effect this July and 5 percent in July 2012—the same amount requested from top UC executives. At their low wage, that would cost the service workers the equivalent of one biweekly paycheck a year.

Some UC executives, such as UC Berkeley Chancellor Robert Birgeneau, receive additional retirement perks. Roughly 200 highly paid UC executives receive a supplemental retirement benefit of 5 percent of their annual pay, said Nikki Fortunato Bas, the executive director of EBASE. That’s a total annual cost to UC of $4 million.

“If UC gets its way in 2011, instead of getting to climb that next rung on the ladder out of poverty, [the low wage workers] will take a step backward through a combination of increased contributions to retirement and healthcare and UC withholding a 3 percent raise,” Bas said. “All the while, UC is showering already highly-paid executives with six-figure bonuses.”

In an infamous budget battle that has required the UC system to restructure its quickly diminishing funding from the state, more than 100,000 employees’ paychecks have been reduced while top execs like UCLA Ronald Reagan Medical Center CEO David Feinberg receive thousands of dollars in bonuses. In September 2010, Feinberg’s base pay was increased by 22 percent and he received a $250,000 “retention bonus,” for a total compensation of $1.33 million.

These astounding numbers, as part of a $3.1 million package in bonuses for 37 UC executives last September, were quoted in the EBASE report, using data from the UC Regents website (www.universityofcalifornia.edu/regents).

UCOP says the retention bonuses are necessary “because we pay below market as it is [for top executives’ salaries],” said Klein, and the UC needs to offer huge bonuses to keep the executives from moving to higher paying universities. “You have two options: sayonara or we’ll match it,” Klein said. “You can’t recruit in the classifieds for these people … and you’ll have to replace them for the same money, anyway.”

The bonuses are not state-funded, said Klein, but are taken from research grants, patient care, and even federal funding. But Bas said the problem is with UC’s priorities: “Time and again, they have shown that they can find money to give bonuses or backfill sports programs,” she said. “UC may look at this as a matter of technicalities, but we cannot ignore the stories of employees and their families who are struggling to get by.”

As it stands, UC is short-staffed when it comes to service workers. “We’ve been short-staffed for the last 10 years,” said Meza, who estimates that UC Berkeley employs about 140 custodians, less than one-third of the 460 or so custodians the university employed in the 1980s. The result is that the students suffer, said Meza. “The students are getting the short end of the stick because we can only clean once a week in some classrooms because we’re short staff. We see the students pay a lot with tuition, and they’re getting less.”

Already, student fees have increased by more than 32 percent, and another 8 percent fee increase is pending, reported EBASE. As the state continues to make cuts, students and low wage service workers suffer the consequences.

According to the California Budget Project, a single-parent family needs to make $68,375 a year just to make ends meet in Alameda County. “UC workers have reduced-cost healthcare, so this number could be adjusted downward to $58,544,” said Bas. “For a custodian at UC Berkeley or UC San Francisco making $30,000 or even $40,000 a year, this means working two jobs and collecting cans just to scrape by.”

When his oldest was nine years old, Meza remembers, he used to drive his family to the recycling center to get cash for cans he had taken out of the garbage. “The kids were happy in the car because I was going to get money for food when I recycled cans,” which meant there would be dinner on the table that night, Meza said, apologizing for getting teary-eyed at the memory.

“I just don’t want people who work here to go through what I went through to raise a family,” he said.

No matter how many cars Meza fixes on the weekend, he never seems to have a break from the stress of trying to cover fuel, rent, heating bills, doctors’ bills, and other necessities. He’s only 43, but he feels much older after 20 years of working two jobs, seven days a week, providing for four children on his own.

UC workers, unions like AFSCME and other stakeholders have proposed $600 million in budget alternatives such as reducing the excessive 7-to-1 employee-to-management ratio (at UC Berkeley, the average is four employees to one manager). Yet UC does not appear to be seriously considering these alternatives; its current goal is to take back the $3 million dedicated to its low-wage service workers.

“We think this is a matter of finding the will within the UC administration to do what’s right by honoring their word to protect working families’ a path out of poverty,” Bas said.

Two months ago, Meza and his fellow union members marched into UC Berkeley’s Chancellor Robert Birgeneau’s office and asked him to spend one day in the life of a service worker on campus. He still hasn’t answered their request.

“People are really struggling here. We are committed to working and we give 110 percent — that should be accounted for,” said Meza. “Give us our 3 percent. We earned it.”

Cost of the death penalty: $4 billion

28

Since 1978, California has spent more than $4 billion to execute a grand total of 13 people. The cost per killing: $308 million.


That’s the results of a new study reported in the L.A. Times. Among the findings:


The state’s 714 death row prisoners cost $184 million more per year than those sentenced to life in prison without the possibility of parole.

A death penalty prosecution costs up to 20 times as much as a life-without-parole case.

The least expensive death penalty trial costs $1.1 million more than the most expensive life-without-parole case.

Jury selection in a capital case runs three to four weeks longer and costs $200,000 more than in life-without-parole cases.

The state pays up to $300,000 for attorneys to represent each capital inmate on appeal.

The heightened security practices mandated for death row inmates added $100,663 to the cost of incarcerating each capital prisoner last year, for a total of $72 million.


Wow, is this ever a great way to spend public money.


I wonder when the state’s official cheapskate, Gov. Jerry Brown, will come to his senses and announce a moratorium on executions and commute all the existing sentences to life without parole.

Candidates land punches in first D.A. debate

5

District Attorney and former SFPD Chief George Gascón, Alameda County Deputy District Attorney Sharmin Bock, and former San Francisco Police Commissioner David Onek all landed solid punches during a three-way District Attorney debate that was co-hosted by the San Francisco Young Democrats and the Alice B. Toklas LGBT Democratic Club, and moderated by Recorder editor Scott Graham. The primary sponsor of the debate was the City Democratic Club, according to CDC President Jim Reilly. So, thanks CDC for helping to pull off a great event.

The debate was framed as a choice between Bock, a veteran prosecutor with leadership experience, Gascón, a career cop with managerial experience, and Onek, a former San Francisco Police Commissioner and criminal justice reform expert. And above all it proved that if you lock three attorneys in the same room and pit them in a three-way fight, you’ll be rewarded with a blood sport spectacle.

Bock kicked off by noting that there are many similarities between the three candidates—except when it comes to independence and experience “Experience matters,” Bock said, throwing a one-two punch at Gascón and Onek. “The job of the District Attorney is not a management job, a police job or a job for someone with just a law degree. It needs a veteran prosecutor,” she said—remarks that resonated well with the crowd, judging from the applause.

But after a few niceties, Gascón shot right back at Bock and Onek. “I am the only one who has led large organizations and pushed public policy forward in an effective manner,” he said.

And Gascón struck a home run when he revealed that when he took the job of Chief of Police in Mesa, Arizona, he was “facing one of the most toxic environments” in terms of hatred towards people of color and the LGBT community–and that he did something about it, by standing up to anti-immigrant Sheriff Joe Arpaio of Maricopa County, and protecting the local LGBT community’s right to protest.

When it was his turn to speak, Onek fired off his own rounds at Bock and Gascón, noting that the state’s criminal justice system is broken—and claiming that it will take an outsider to fix it.
“This is a once-in-a-lifetime opportunity to reform the criminal justice system,” Onek said, laying out his reform-minded track record.

And then he stuck it to both Bock and Gascón by stating that the death penalty does not work. “I will never seek it in San Francisco under any circumstances,” Onek said, earning excited applause, as he noted that he’ll look at all policy question through the prism of three questions: ‘Does it make us safer, is it cost effective and is it fair and equitable?”

Onek also noted that neither the Supreme Court’s ruling that California must reduce its prison population by 30,000, nor Gov. Jerry Brown’s call for prisoner realignment, come with any money.
‘That’s a disaster,” observed Onek, as he stressed the need to demand resources to help deal with the upcoming load of prisoners that about to return to San Francisco.

Gascón fielded questions about whether they are enough people of color and LGBT background in management in the D.A.’s Office. “Well, I think there’s definitely always room for improvement in any organization,” he said, noting that he has a history in the Los Angeles Police Department, the Mesa, Arizona Police Department and the SFPD, “of pushing very aggressively to have diversity within the office.”
But he started a bit of a buzz when he said it was “really a surprise to me that I promoted the first male, black, police captain to the San Francisco Police Department.”
“You would think that there have been, you know, male African-Americans in that department for many years. It was hard for me to believe that actually in 2009 we had not had one,”  Gascón continued, a remark that got some debate observers asking afterwards, if this meant that Gascón really did not know that former SFPD Chief Earl Sanders was a black male.

Meanwhile, Bock was happily trampling all over the sit-lie legislation that then SFPD Chief Gascón and Mayor Newsom backed last fall, as she noted that more foot patrols and community policy are what’s actually needed. “Political hot-button measures don’t work,” Bock said. “Both sides agree it hasn’t worked. It’s the wrong response to the real problem.

Asked if he had a conflict of interest, when it comes to investigating allegations of police misconduct, Gascón claimed the problem is limited to a small number of officers, adding, “if the allegations are true.”

“In reality the majority of the SFPD are hard-working people doing the right thing,” he said. “And there has been only one challenge—and our office has prevailed,” Gascón said. “However, there have been a finite number of cases where I personally adjudicated the bad conduct—and those will be handled by the Attorney General’s office.”

Bock stressed that she was not in favor of sending drug offenders to prison and would focus on restorative justice, instead. Asked if she would have a panel on her staff review potential death penalty cases, Bock confirmed that she is committed to having a Special Circumstances Committee, as D.A. Kamala Harris did, to get input around the facts and from lawyers involved in such cases.“The ultimate decision is mine, and I oppose the death penalty,” Bock said, noting that she does not believe that 12 jurors will return a unanimous death penalty verdict. “But I do think as prosecutor you need to go case by case.”

Asked if he would have sought the death penalty in a case like the L.A. Night Stalker, who murdered 13 people, many of them elderly, Gascón said, “Probably not. All of us agree that the death penalty is not a good tool. But it is part of our system, and I continue to have the system Kamala Harris had in place. At the end of the day, it’s my decision, and I’m the only one in the room, who can say I’ve already turned down the death penalty.”

Agreeing with Bock that a jury is unlikely to go for the death penalty, Gascón maintained that the death penalty is “an illusory issue,” and that the real question is, “How do we rewrite the State Constitution [so the death penalty is not on the books]?”

Asked how he felt about marijuana, Gascón said he doesn’t believe folks should be incarcerated for use—and that folks are already being diverted to community courts in those instances.

But when Onek tried to wrap up by positioning himself as a the reformist-minded outsider, Gascón pounced, reminding folks that Onek was a Police Commissioner, when the Police Commission recommended Gascón to Mayor Newsom as the next SFPD Chief. “While David is someone I respect—and one of those who hired me, David has painted himself as an outsider, when the Police Commission is the policy-making body for the SFPD. There are no outsiders here. The question is, what have you done? There’s a difference between calling yourself a reformer and having other people call you a reformer.”

Bock for her part used her closing remarks to remind folks that there has been a crime lab scandal, alleged police misconduct, a DNA backlog, and about 100 cases dismissed as a result of these scandals, and a bunch of prisoners are about to be sent back to the community because of realignment. “We’re in challenging times, at a critical crossroads, with stormy weather ahead,” she said. “I’m not going to be trying things out at your expense. As a veteran progressive prosecutor, I’m fully prepared.”

The guv’s veto — WTF Jerry?

17

Nobody — least of of the Democrats in the state Legislature — quite knows why Gov. Jerry Brown vetoed the state budget. In fact, he didn’t even tell Legislative leaders what he was about to do. “There was no heads up, and that’s the most annoying part of it,” Assemblymember Tom Ammiano told me.


Brown knew exactly what the Democrats were doing. He also knew (or ought to know) that getting any Republicans ever to vote for his tax extensions was, and is, a pipe dream. If he didn’t like the Dems proposal, he could have asked for changes. But no: Jerry is Jerry, and he did his own thing. (Just like Arnold, he complained about the “can being kicked down the road.”) His veto message talks about how “strong medicine must be taken” to solve the deep fiscal crisis; without taxes (which the GOP won’t allow) I guess he’s talking about more cuts. I guess he’s talking about Californians really feeling the deep pain of another $10 billion cuts to services, so maybe they’ll wake up and demand more revenue and oust the Republicans.


But in the meantime, the governor won’t miss any meals.


Brian at Calitics looks at the bright side — at least that sale/leaseback idea is gone. And yes, the budget that the Democrats put forward was ugly and far from perfect. But I don’t see where we go from here. The Democrats in the Legislature aren’t going to vote for another $10 billion in cuts; no way. And the Republicans aren’t going to vote for tax extensions. And the existing taxes expire at the end of the month.


If there’s a good alternative out there, I don’t see it.

 


CA Senate committee approves TRUST Act in face of rising “S-Comm” concerns

2

The California Senate Public Safety Committee approved Assemblymember Tom Ammiano’s TRUST Act, (AB 1081) today in a 5-2 vote, in face of rising concerns about a troubled federal fingerprinting and deportation program known as Secure Communities (S-Comm). The TRUST Act would reform California’s participation in S-Comm, which has increasingly come under fire for undermining public safety and operating without transparency or local oversight. Ammiano’s AB 1081 assures that local governments have the ability to opt out of the program and it sets basic standards for jurisdictions that choose to participate. The bill now heads to the Senate Appropriations Committee for consideration.

San Francisco Police Commissioner Angela Chan, a staff attorney with the Asian Law Caucus, says  that immigrants rights activists are calling on California Gov. Jerry Brown and Attorney General Kamala Harris to suspend S-Comm entirely, for now. These calls come in the wake of New York decision to suspend the troubled program, Illinois’s decision to terminate the program, Massachusetts’ decision to refuse to sign the Department of Homeland Security’s proposed S-Comm agreement, and the Inspector General’s announcement that it plans to investigate S-Comm allegations this summer.
“But if S-Comm eventually becomes unsuspended, that’s where the TRUST Act would come into place,” Chan said.

At today’s hearing in Sacramento, retired Sacramento Police Chief Arturo Venegas testified in support of the TRUST Act, calling S-Comm a “Trojan horse,” thanks to Immigration and Customs Enforcement (ICE’s) alleged misrepresentation of S-Comm to law enforcement. And community leader Renee Saucedo read the testimony of Norma, a domestic violence victim whose calls for help landed her in deportation proceedings thanks to S-Comm.

Tuesday’s vote comes on the heels of a growing firestorm of congressional criticism of the program, which reportedly has an annual budget of $200 million. And the latest statistics from ICE show that of all the states, California has deported the most immigrants under S-Comm. As of April 2011, California had deported 41, 833 individuals since it began phasing in its participation in S-Comm in May 2009. These figures include 12,133 folks (30 percent of deportees) who did not have a criminal record. And if you add those with low-level offenses to the non-criminal category, the percentage grows to 70 percent. Texas was in second place after California, with 27,000 S-Comm deportations.

Ten good bills for 2011

2

The news in Sacramento is mostly bad — Jerry Brown still can’t find the Republicans he needs to pass a budget, although maybe the redistricting process will help him. But it’s not all bad. Some important bills passed their houses of origin in the past week, and with Democrats controlling both the Senate and the Assembly and a Democratic governor, there’s actually a chance they could become law.


At the top of my list is the measure by Darrel Steinberg that could allow counties and school districts to raise a wide range of taxes. It is, as Sen. Mark Leno notes, a “game changer.” And it only requires a simple majority of both houses. (I wonder: Could the San Francisco supervisors put a tax measure on the ballot in November on the assumption that the Steinberg bill will be in effect by then?) If the GOP won’t budge on the budget, the Dems need to at least give local government the chance to find the resources to keep essential services running.


Assemblymember Tom Ammiano got AB 9, also known as Seth’s Law, approved on the Assembly floor. The measure, named in memory of Seth Walsh, a 13-year-old gay student from Tehachipi who suffered years of harassment and abuse, gives school districts the tools (and the mandate) to address bullying.


The Assembly also approved Ammiano’s AB 889, the Domestic Workers Bill of Rights, which gives domestic workers the same basic labor-law protections as other California workers, and AB 1081, the TRUST Act, which would allow California counties to opt out of S-Comm, the awful federal law that seeks to force local cops to become ICE agents.


Over at the state Senate, Mark Leno won approval for 11 bills, including SB 914, which would mandate that police get a warrant before searching the data on a person’s cell phone. It’s crazy that SB 914 is even necessary, but the state Supreme Court has ruled that, while you need a warrant to search a personal computer, you don’t need one to search a cell phone. SB 790 makes it easier for local agencies to form Community Choice Aggregation systems. SB 819 would give the state more authority to take firearms away from people who have committed felonies or have been institutionalized for mental illness. (The NRA’s going to hate this bill — felons have the right to guns, too …) SB 233 — another one I really like — gives local government the right to impose vehicle license fees.


Sen. Leland Yee won overwhelming support for SB 8, which mandates that foundations affiliated with the University of California, Cal State or community college campuses abide by the same public records laws as the schools themselves. (The Sarah Palin speaking fees bill.) SB 364, which requires corporations that get tax breaks for job creation to prove they’ve actually created jobs. SB 9 — another one that ought to be a no-brainer — ends the practice of giving juvenile offenders sentences of life without parole.


Seems likely all of these will emerge from the remaining house — and then we’ll see whether Brown is willing to sign progressive legislation.


 

Pelosi says S-Comm is a waste of taxpayer dollars

19

House Democratic leader Nancy Pelosi called the fed’s troubled “Secure Communities” program a waste of money, as members of Congress held a press conference in Los Angeles to call for a suspension of the program. Illinois, New York and Massachusetts have already announced their withdrawal from S-Comm, following numerous reports that the program has led to non-criminal immigrants and even victims of domestic violence being caught up in the fed’s deportation dragnet, resulting in a chilling effect on community-police relations. And then there are the accusations that the feds engaged in systematic lying and dishonesty when it came to the question of whether states and municipalities can opt-out of the program. So, today Gov. Jerry Brown is being asked to end California’s participation, too.

Or as Pablo Alvarado, director of the National Day Laborer Organizing Network, put it, “What started as an effort to uncover the truth about S-Comm has evolved into a consensus view that the program should be scrapped all together. S-Comm has come to symbolize the President’s broken promises on immigration reform. The fact is that it has not yet been frozen is now being viewed as a betrayal and places the urgent need to end the program on the desk of our local officials. Our local officials were misled into the program and now is the time to lead us out. The tide is turning on the dangerous and dishonest ‘Secure Communities’ program. ICE has gotten into the snake oil business. It sold S-Comm to the American public under false pretenses.  It makes communities less safe, it imperils civil rights, and it is poisoning political efforts to reform unjust immigration laws.  Today, Rep. Becerra and the other Congresspeople said very clearly that this program has no place in California or anywhere in our democracy. We must prevent the Arizonification of our community whether it comes in the form of SB 1070 or S-Comm. There is an urgent need for California to do better for its residents and to suspend S-Comm immediately.”