Jobs

Supervisors and activists decry businesses that deny wages to low-income workers

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For one of this country’s first government hearings regarding wage theft yesterday (Thurs/12), San Francisco activists, public employees, and politicians alike were determined to find ways to address issues surrounding low-income workers who are paid below minimum wage or otherwise deprived of money they’re entitled to.

Wage theft may involve a number of different violations including payment below the minimum wage, obligation to work off the clock, and denial of overtime and sick pay. Low-income jobs such as construction work, hospitality and domestic care are the most cited types of employment for wage theft and wage theft disproportionately affects communities of color and those with language barriers.

“We are not going to allow any worker in San Francisco to be exploited,” said Sup. David Campos said on the steps of City Hall, later presiding over the Government Audit and Oversight Committee hearing on the issue. “Wage theft affects the lowest wage workers and their ability to make a living and survive in these tough economic times.”

The pre-hearing protest and the meeting was comprised of workers with emotional stories of poverty and injustice. Other speakers included Donna Levitt, the director of the Office of Labor Standards Enforcement, the agency in charge of overseeing claims of employers withholding wages, and Rajiv Bhatia, the director of Occupational and Environmental Health at the San Francisco Department of Public Health.

Levitt said that 500 claims of wage theft have been addressed by the OLSE since the minimum wage law’s inception in 2003. Dan Goncher of Harvey M. Rose Associates, which does budget analysis for the city, cited data showing that the OLSE takes significantly longer to go through the hearing process for back wages than other agencies. However, Levitt mentioned that 97 percent of cases are settled and never go to the City Attorney’s Office for a hearing.

“Very little thought from our policymakers was made on how this was going to be enforced,” Levitt said of the current minimum wage law.

The coalition of community organizations including Young Workers United, Filipino Community Center, Chinese Progressive Association, San Francisco Tenants Association, Unite Here Local 2, Mujeres Unidas y Activas, and others joined together for the protest in order to raise awareness of some proposed amendments to the current minimum wage enforcement law.

Co-sponsored by Campos and Sup. Eric Mar, the amendments would add additional penalties such as raising the fine for employers from $500 to $1,000 for retaliating against workers exercising rights under the current law, the ability to interview employees and inspect payroll records at places of business, the requirement of notifying employees when an employer is being investigated, and to posting of a public notice when an employer fails to comply with a settlement agreement.

“We want to see the city taking a stronger commitment to addressing the issue of wage theft,” said lead organizer of the Chinese Progressive Association Shaw San Liu. “We don’t want this to be a one-day publicity stunt.”

One of the workers, who spoke about his experience of wage theft, recalled working long hours without the assurance of payment. “We would wait for hours for them to come back pay us but they never came,” Jose Cruz, a day laborer and client of La Raza Centro Legal, said about one of his jobs.

Bhatia explained to the supervisors and crowded audience in the committee hearing room that in the last week, 26 percent of the nation’s low wage workers were paid less than minimum wage. He also outlined different steps such as tracking chronic violators and training health inspectors to make referrals to local enforcement agencies in cases of non-compliance, so the SFDPH could support the community efforts in decreasing wage theft.

In addition, both Campos and Board President David Chiu made a point of speaking about how wage theft also detrimentally affects businesses.

“Most businesses play by the rules and those businesses are at a disadvantage when we allow businesses to not follow the rules,” said Campos.

“This is not about workers versus businesses,” Chiu said. “The issue of wage theft effects workers and workers’ families across the city.”

City’s local power program will be greener, but not so local, at first

The San Francisco Public Utilities Commission (SFPUC) is in negotiations with Shell Energy North America to purchase power for a new version the city’s community-choice aggregation (CCA) program that will be smaller — but greener — than what city officials had originally envisioned.

While the forward momentum and the prospect of offering 100 percent renewable energy seems to have ushered in a rare moment of harmony among the players in City Hall who are crafting the program, not all the grassroots advocates were fully sold on the idea, saying they were still waiting to see how committed the city was to moving ahead with a plan to build municipal green energy facilities which could ultimately bolster the local economy and create jobs.

The new plan for CleanPower SF was unveiled by the SFPUC at a May 6 meeting of the Local Agency Formation Commission (LAFCo), which has been working with the city’s utility commission for half a decade to implement CleanPower SF. Emerging after a false start last year, the new plan would target 75,000 electricity customers at the outset – far less than under the original idea of enrolling all of San Francisco’s Pacific Gas & Electric Co. customers while providing the chance to opt out.

The CCA would offer 100 percent renewable power right off the bat, instead of the 51 percent renewable target that was previously envisioned. That fully green product offering is possible because the city would hire a contractor, most likely Shell, to purchase the green energy on the open market. The energy mix could be derived from sources within California or out of state.

“We’re having productive discussions,” noted Mike Campbell, who directs the CCA program for the SFPUC, but noted that it would be awhile yet before all the terms of the deal were cemented. Shell also contracts with the Marin Energy Authority for its CCA program, which San Francisco is looking to as a model.

The new scheme abandons a prior goal of meeting or beating PG&E electricity rates, but the SFPUC justified this switch by pointing to market research suggesting that the higher price would not necessarily subvert the program’s success.

Campbell said the new model came to fruition after poll results identified a core segment of San Franciscans who would be willing to stick with the green power program even if the price was slightly higher. “There’s such a strong segment of folks who are eager to do something about global climate change,” he said.

Campbell added that estimated generation fees could climb from around 7 cents to 13.5 cents per kilowatt-hour, amounting to a roughly $10 monthly utility bill increase on average. Since PG&E is expected to increase rates for customers who use less energy, “it’s going to help make it more attractive,” Campbell noted.

The new plan seemed to sit well with Ross Mirkarimi, a longtime advocate for community choice who chairs the Local Agency Formation Commission, which is tasked with overseeing the SFPUC’s implementation of the program. “The new program has great potential and goes where PG&E can’t or won’t,” Mirkarimi told the Guardian. “Carving out a customer niche that delivers a true green load is strategically more beneficial to the longevity of CCA in San Francisco. Once we establish an economic foundation for CCA, we then are positioned to build a renewable energy infrastructure as originally envisioned.”

Mirkarimi noted that the forward momentum had changed the dynamic in a historically fractious process, since, after years of being at loggerheads, the SFPUC and LAFCo finally seemed to be on the same page.

Both Campbell and Mirkarimi acknowledged that they expected PG&E to put up a fight, as it did when Marin County rolled out its CCA using a similar model to the one San Fransico now plans to adopt. Since PG&E will still be in charge of customer billing, it could employ tactics such as artificial spikes as it did in Marin to try and scare off CCA customers. “We do expect PG&E to do everything it can think of to try and encourage customers not to participate,” Campbell said.

Meanwhile, organizers from the San Francisco Green Party and the Local Clean Energy Alliance, who have closely tracked the process and held meetings with the SFPUC, say they’re supportive of the general concept but are still waiting to see whether the city is fully dedicated to laying the groundwork for building city-owned energy generating facilities.

Over time, this aspect of the program — which has been part of the plan all along — could supply green energy locally, gradually replacing the energy supply that Shell would be purchasing from elsewhere. San Francisco Green Party organizer Eric Brooks also pointed out that over time, city-owned generating facilities and local energy-efficiency upgrades could enable the SFPUC to bring down the cost of the green power to make it competitive with PG&E.

Campbell noted that the city would move ahead with the build-out, but “it certainly won’t be in the first year.”

Unless the build-out aspect of CCA moves ahead with a strong level of commitment, said Al Weinrub of the Local Clean Energy Alliance, the social-justice goals of creating new jobs and bringing generation costs down to make green power accessible to everyone may not be realized.

“We have a commitment from staff that they will pursue studies” to move ahead with the build-out, noted Weinrub. “The problem … is that they’re really dragging their feet.” He added, “We’ll have a lot of trouble supporting CleanPower SF is there’s no local build-out.”

Organizers also voiced concerns that without moving forward with this second element, the CCA could end up catering exclusively to an upper-middle class, predominately white customer base.

At the LAFCo meeting, the SFPUC delivered a presentation explaining the results of the poll that had been conducted to determine who would purchase green electricity from CleanPower SF. A longer version of that presentation, delivered to grassroots advocates in a separate meeting and provided to the Guardian by Brooks, showed that on average, CleanPower SF customers were expected to have higher levels of education and higher income levels — individuals making more than $100,000 per year had the greatest enthusiasm for the program. Those results also showed that 67 percent of survey respondents representing African American, Asian / Pacific Islander, or other communities of color indicated that they would not be interested in enrolling in CCA when they were given information about the program and the estimated rates.

Weinrub said this demographic profile of the initial CCA customer base would be problematic if it represented the only customers who would ever subscribe, because the whole notion of CCA from the start had been to create an accessible, community-owned power source that benefited San Franciscans across the board and offered an alternative to PG&E. But he said he believed the program could have more widespread appeal and grow its customer base if there was a sound strategy to bring down rates over time by employing local energy generation and energy-efficiency projects. “Our whole pitch is, what about everybody else?” he said. “We feel pretty strongly that with a well designed build-out program, you can offer very competitive services.”

SFBG Radio: The economy gets a C+

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Today Johnny and Johnny talk about the new jobs figures — and why the economic growth really only merits a C+. Check it out after the jump.

AllMattersEconomic by endorsements2010

California isn’t losing jobs to Texas

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Even Gavin Newsom, who the LA Times (with embarassing inaccuracy) calls “a poster boy for California liberalism” is buying, at least a little bit, the argument that California is losing jobs to Texas (and presumably other states) because of a “bad business climate.”

But a new study demonstrates, with excruciating accuracy, that the Texas argument is nothing more than bullpucky. California loses 25,000 jobs a year to other states, and gains 16,000 jobs a year from other states, and when you look at the 15 million jobs in the state, that’s just decimal dust.

Government – perhaps contrary to popular belief — cut 51,000 jobs last year. The construction industry, particularly hart-hit in California because of the housing bust, lost 26,000 jobs.

Remove those two sectors from the picture and California’s job growth was a respectable 1.5 percent in 2010. That’s a rate that compares favorably to the nation as a whole, which on the same measure grew by 1.3 percent. Professional services, health care, tourism and trade all posted job gains in California, as did the entertainment industry and Internet-related businesses.

In other words, public-sector layoffs (caused by low tax receipts) caused more economic pain than private-sector jobs moving to Texas for lower taxes — by far. More:

But even if a state’s tax code can lead to economic growth, other factors, including the state’s weather and its mix of industries, appear to be more influential than government policies, according to the PPIC study. So while California might do even better if it simplified its corporate tax code or restructured its welfare programs, the study found, those issues do not appear to be the reason for the recent doldrums.

That’s right — cutting taxes won’t create jobs in California.But cutting taxes so deeply that schools and police departments have to lay off employees will, indeed, cause job losses.

 

 

 

Ross for boss (of the sheriff’s department)

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City Hall’s steps were awash in multi-lingual black and yellow “Ross Mirkarimi for Sherrif” signs at noon today, as Mirkarimi supporters watched Sheriff Mike Hennessey, who is stepping down after 31 years of service and eight elections, endorse Sup. Mirkarimi as the next sheriff.  “New Leadership for a Safe San Francisco” was printed on the English version of the signs that Mirkarimi’s supporters carried. They included former Mayor Art Agnos, Sups. David Campos and Eric Mar, Tim Paulson of the Labor Council, Debra Walker, Linda Richardson, Sharen Hewitt, Terry Anders, and Mirkarimi’s partner Eliana Lopez and their almost two-year old son Theo. And everyone had plenty of great things to say about outgoing sheriff Hennessey and sheriff candidate Mirkarimi. And Hennessey even pinned a shiny toy sheriff’s badge onto the T-shirt of Mirkarimi’s son Theo, making him the happiest kid in town. At least for the day.

Campos kicked off the event by honoring Hennessey as the “most progressive and most effective sheriff in the country.”
“Mike Hennessey is also my neighbor in District 9. I see him taking out the trash so I know he’s a good neighbor,” Campos joked, as he listed the many achievements in Hennessey’s long career as an elected official in San Francisco. These achievements included Hennessey’s pioneering innovations in criminal justice and culminated in his decision to blow the whistle in 2010 on the federal government’s plan to activate its controversial Secure Communities program in San Francisco—without telling the public.
“He’s not afraid to stand up for what’s right,” Campos said.

‘This is the time for me to move on,” Hennessey announced, as he laid out his reasons for endorsing Mirkarimi as Sheriff, over other candidates in the field.
Hennessey described the Sheriff’s Department as a “large enterprise” that has over 1,000 employees, a $150 million budget and whose jail houses an average population of 2,000 folks in custody, on a daily basis.
“It’s not something that can be handled lightly,” Hennessey said. “That’s why I’m here to endorse Ross Mirkarimi as the next sheriff.”

Hennessey listed the many endeavors that he and Mirkarimi have worked closely on, including a number of criminal justice issues, and he cited Mirkarimi’s extensive law enforcement background, his significant legislative accomplishments in the areas of criminal justice and public safety, and his ability to find innovative solutions and overcome obstacles to progress, as reasons to support Mirkarimi.

Hennessey observed that criminal justice is “one of the thornier issues” that members of the Board of Supervisors are often asked to get involved in, but often duck.”But Ross has not shied away from working on them,” Hennessey said, citing Mirkarimi’s involvement in shaping the “No Violence Alliance Project” and his leadership in creating the Safe Communities Re-entry Council.

Hennessey also noted that in face of AB 109, the Governor’s plan to transfer state inmates to county jails, “it’s vitally important to have person in charge of sheriff’s office that understands these alliances and can make them work more effectively.”

Hennessey concluded by observing that the Sherrif’s Department has to deal with a lot of bureaucracy, so it’s important to understand how the Board, the budget process and other city departments, including the District Attorney’s office and the police, work.
‘And that’s why I’m endorsing Ross as Sheriff,” Hennessey said

Then it was the turn of Mirkarimi, who graduated from the San Francisco Police Academy, did Naval Reserve training and worked for more than 8 years as an investigator for the District Attorney’s office, to speak.

“I have never been at a loss for words,” Mirkarimi acknowledged, as he launched into a speech that began by thanking everyone for showing up at short notice “for one of the most important occasions of my political career.”

Mirkarimi did a great job of giving Hennessey the praise he deserves.
“He is a living legend,” Mirkarimi said. “It’s completely impossible to fill his shoes.”
Citing Hennessey’s integrity and his ability to innovate, Mirkarimi warned that, “Maybe it’s come to the point where we have taken him for granted. He’s the longest serving elected official in the history of San Francisco, and he’s probably the most understated.”

“And the most important endorsement in this race is that of Mike Hennessey,” Mirkarimi added, as he gave Hennessey his commitment “to build upon your legacy as effectively as possible.”

Mirkarimi cited some of the most immediate and serious challenges that face the next sheriff. These include AB 109, which Gov. Jerry Brown just signed, which. Mirkarimi said, threatens to increase the reentry prisoner level by 30 percent in California. “It will take creative ingenuity and resources to make sure we are effective in taking care of this population,” he said.

Mirkarimi also touched on the rising number of veterans that are ending up in the prison system, talked more about the No Violence Alliance Project, and suggested that certified deputy sheriffs could help serve warrants, transfer prisoners, and patrol Muni, “when the police department finds itself understaffed” so as to ensure that San Francisco is safe.

“For every four people arrested and jailed in San Francisco, three out of four are repeat offenders in a three-year period,” Mirkarimi warned, by way of explaining why he wants to advance a more collaborative spirit between SPPD and the Sheriff’s department.

Mirkarimi also noted that one out of every 15 African American males are in jail, at any time in the year, compared to I out of 300 males who are not black or brown. “So, we must step up our game in dealing with poverty,” he said, as he recommended increased access to job training and good jobs, “so work doesn’t become a seasonal hope but a permanent job.” He also made the connections between a lack of good housing, childcare, and schools and a rise in poverty, crime and recidivism.

Mirkarimi concluded by crediting Hennessey for “walking that fine pirouette” between upholding the principles of public safety and understanding the power of redemption at the same time.

I asked Sheriff Mike Hennessey what he considers to be the biggest challenges of running for sheriff/
“Letting people know what you are going to do, and what your issues are,” Hennessey said, noting that San Francisco has an intelligent, issues-driven electorate.

And Mirkarimi’s supporters weren’t shy about letting folks know the issues that the current D5 Supervisor has helped them with, over the years.

“Ross, as a supervisor and me, as someone who comes from a community of color, we know the habits that ex-offenders can bring with them, if there are no safety nets,” said Terry Anders who sits with Mirkarimi on the Safe Communities Reentry Council. “And I believe in what Ross stands for and the integrity of his person. He’s one of the first people to show up when there are crimes and victims, and he attends basketball games and boxing matches.”

Paulette Brown, whose son Aubrey Abraska Jr, was murdered in August 2006, but whose killers have still not been brought to justice.
“We shouldn’t have to run and leave our families, we should be protected,” Brown said. “Ross is my district supervisor and if he can get in, and do something about crime and solve unsolved homicides, then I’m for him. Maybe if he gets in, he’ll have more pull to do something about these unresolved cases.”

And then it was back to work, which for Mirkarimi now includes the somewhat daunting task of trying to raise money in an election year that also includes a mayor’s race, but does not include the help of public financing, at least not for the sherrif’s race….

The case against consolidation

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sarah@sfbg.com

With officials predicting that San Francisco will spend $500 million annually on health care costs for city employees and retirees, the Board of Supervisors Government Audit and Oversight Committee held an April 28 hearing to analyze why hospitals costs are higher in Northern California than Southern California, and why costs have escalated in the last decade.

A panel of experts outlined a list of cost drivers and identified hospital consolidation as the major culprit — a finding that fueled concerns that costs will skyrocket once Sutter Health, which operates the California Pacific Medical Center that took over St Luke’s in 2005, builds a 555-bed hospital on Cathedral Hill. The board will consider approving the project as soon as this summer.

Ellen Shaffer, codirector of the Center for Policy Analysis, said that the city’s recently approved Health Care Services Master Plan (“Critical Care,” 11/23/10) provides San Francisco with leverage to collect and analyze data and make informed health choices.

Shaffer noted that since 1960, when there were 26 hospitals in San Francisco, facilities consolidated so frequently that by 1990, only 12 hospitals remained. And by 1998, the three largest hospital networks controlled 43 percent of hospital beds — compared to 18 percent just four years earlier.

“Today in San Francisco, the most expensive of the northern counties hospitals get $7,349 per patient per day on average,” she said. “In Los Angeles County, the figure is $4,389.”

David Hopkins, a senior advisor at the Pacific Business Group on Health, said that Sutter Health, which reported a 30 percent increase in net income in 2010, already controls 44 percent of hospital beds in San Francisco. Catholic Healthcare West controls 28 percent, and UCSF controls 26 percent. “Insurance companies say Sutter’s size and dominant position give it an upper hand in contract negotiations,” Hopkins observed.

Healthcare planning and policy consultant Lucy Johns said technology is another key cost driver. “It’s a medical arms race,” Johns said. “Every hospital wants the latest everything.”

Jane Sandoval, a registered nurse at St Luke’s, said that what residents and workers need is access to affordable healthcare, not luxury care at overpriced rates.

“We’d rather have enough staff and the ability to care for all patients than work in a facility that’s likened to a five-star hotel,” Sandoval said. She noted that State Insurance Commissioner Dave Jones filed suit April 13 to intervene on behalf of the plaintiff in a whistleblower suit against Sutter Health, which has been accused of fraudulently charging insurers millions of dollars for anesthesia services that either weren’t provided or were billed higher than typical rates.

Anne McLeod, senior vice president of health policy for the California Hospital Association, an industry trade group, claimed that Northern California’s higher hospital prices are primarily due to higher labor and living costs in the Bay Area. “Wages are a huge component of hospital costs, and they represent the fastest growing component of costs,” she said.

But Glenn Melnick, a professor of health care finance at the University of Southern California, said that even if a hospital was airlifted from Los Angeles to San Francisco, its costs would still be 38 percent higher after adjusting for local differences. “When hospitals consolidate into large systems that dominate a specific region, that hospital system has the power to demand contracts from health plans that include high reimbursement rates for their services and limit the ability of health plans to offer low-cost products and share the data consumers need to compare costs across providers,” Melnick said

Sup. David Campos, who called for the hospital costs hearing, observed that the cost of creating jobs includes health care benefits. “So to the extent that things like hospital consolidation are increasing costs, the hospitals themselves are implicated,” he said.

But CPMC media relations manager Kevin McCormack noted that CPMC/Sutter has invested more than $7 billion since 2000 on technology, facility construction, and improvements to address medical needs and state seismic safety requirements.

“Sutter Health appreciates its role in ensuring that health care is affordable. And we realize that holding the line on prices without compromising quality will require additional cost reductions,” McCormack said. “To this end, doctors and nurses and support staff throughout our Sutter Health network are working aggressively to substantially reduce expenses.”

He denied that Sutter had engaged in inappropriate anesthesia billing practices. “The lawsuit paints a false and inaccurate picture,” McCormack said.

He also said that plenty of competition remains in Northern California. “The decision by the California Public Employees Retirement System in 2004 to shift a significant number of members away from Sutter-affiliated hospitals to other providers demonstrates there’s plenty of healthy competition,” McCormack said.

But Campos said the hearing clarified that, while there are different factors why costs are going up, one of the most important is hospital consolidation. “We need to ensure that we understand that, even in face of higher labor and cost of living costs, hospital costs in Northern California are still 30 percent higher than Southern California,” Campos said.

Noting that CalPERS excluded Sutter from its network, Campos added: “We need to follow suit in terms of saying that we’re only going to do business with hospitals that are responsive to our concerns and follow best practices.”

 

Canine conflict

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news@sfbg.com

San Francisco enjoys proximity to natural beauty and recreation on a scale unlike any other major urban area in the country. The 75,000-acre Golden Gate National Recreation Area offers city dwellers almost 60 miles of rugged coastline, forested hiking trails, and scenic beaches to enjoy. In most cases, people can bring their dogs.

While the city is notoriously difficult to raise human children in, four-legged friends flourish in an environment that celebrates their existence. With a multitude of dog-friendly parks, pet hotels, and ubiquitous doggie boutiques to accommodate the estimated 120,000 dogs that call San Francisco home, the canines and their companions form their own political constituency.

So it’s only natural that GGNRA’s Draft Dog Management Plan, which restricts dog walking in the park, has the pet set howling. The plan would limit off-leash dogs to 21 different areas of the park, including some of the most popular places such as Crissy Field, Fort Funston, and Ocean Beach, and ban dogs from some areas, like Muir Beach, where they have long been welcome.

The 2,400-page plan has been in the works since 2002, created out of the need to uphold the agency’s duty to protect the sensitive wildlife and plant species in the park while accommodating a growing population of visitors. Since its unveiling in January, thousands have rallied against it, filing so many comments to the National Park Service that it has extended the public comment period until May 30.

Currently, dogs are allowed off-leash in small fraction of the GGNRA lands and on-leash throughout most of the park. The proposed plan offers six alternatives for each of the 21 areas examined, all strengthening existing — but often ignored — leashing policies and reducing areas where dogs are allowed to roam tether-free.

“This is overly restrictive and unrealistic,” said Martha Walters, chair of the Crissy Field Dog Group. “There are certainly more management measures that can be taken with signage and educational outreach to protect these environments without having to impose this plan.”

Opposition has been widespread among pet owners and groups like the SPCA and Animal Care and Control. The Board of Supervisors voted 10-1 on April 26 to adopt a resolution formally opposing the plan, although the city has no jurisdiction over the area.

“It’s one thing to make sure we protect endangered species, but this plan doesn’t just do that,” said District 8 Sup. Scott Wiener, who authored the resolution. “This is a much more extreme proposal that is a significant restriction to dogs.”

Opponents fear the plan will force more dogs into city parks where overcrowding and aggressive behavior could become problems. Dog owners and advocates stress that responsible dog guardianship can be compatible with environmental stewardship, and that the NPS should better enforce the pet policy already in place.

“This is not right for our community,” said Jennifer Scarlett, codirector of the SPCA. “I would never want to wish harm on any wildlife, but it’s a piece of land stuck in one of the most densely populated cities in the country.”

But the GGNRA is still part of NPS, although many existing national environmental policies have largely been ignored here.

“We don’t get to choose whether or not to fulfill federal mandates,” said Alexandra Picavet, public affairs specialist for the GGNRA.

The GGNRA allows leashed dogs in more places than any other national park, and is the only park in the entire NPS system that allows off-leash dogs. It achieved National Park status in 1972, but its unique position as the backyard of a major city caused it to bend the rules when it came to letting the dogs out.

“The policy was adopted by the superintendent at the time of the GGNRA, and even that wasn’t really enforced,” GGNRA spokesperson Howard Levitt told us. “This was relatively early in the parks history, and in the early days, we didn’t really understand the importance of natural resources and history in the park.”

According to NPS, GGNRA is home to more threatened and endangered species than Yellowstone, Yosemite, Sequoia, Death Valley, and Kings Canyon national parks combined. It has a higher concentration of sensitive species than all but four of the 394 parks in the system.

The new pet plan would not be implemented until late 2012, after public comment is taken and the plan is revised. For six to 12 months, monitoring areas to measure compliance with leash laws will be conducted. If 75 percent of users do not comply, further restrictions will be made.

Current regulations are broken everyday at Ocean Bean and Fort Funston. Like the lax marijuana laws that are synonymous with San Francisco, leash laws have historically been considered more of a suggestion than a rule. At Crissy Field, one of the most popular recreation spaces for off-leash dogs, NPS observed dog owners disobeying the guidelines more than 60 percent of the time.

Many people do not realize that the four-mile stretch of Ocean Beach slated for restriction currently only allows dogs from May to June, or that the Great Meadow of Upper Fort Mason has never allowed the many off leash dogs seen there every day. Dog advocates say better signage about existing rules would help.

“To me, they went this way instead of having any intermediate steps in current policy and off leash areas,” said Rebecca Katz, director of the Animal Care and Control. “I am not supportive of the alternative. This isn’t like any other national park, and we don’t want it to be.”

On a recent visit to Fort Funston, it was evident that the park was, as some environmentalists call it, a de facto off-leash area. Dozens of dogs, most off leash, romped in the windy dunes, far outnumbering dog owners and professional dog walkers. Most dogs happily jumped from car to sand without ever being put on a leash.

Longtime San Francisco resident Candy Deboer and her giant schnauzer, Leila, have been coming to the park for years after finding city parks unsatisfactory.

“Golden Gate Park? I’ve tried that and I ended up stepping over hypodermic needles,” Deboer said. “Plus, I have a dog that loves junkie poop. I grew up camping, hiking, and fishing. I know how to preserve wildlife and take care of a park.”

Many said closing Fort Funston and Ocean Beach in March during tsunami warnings resulted in horribly crowded dog parks, and felt that GGNRA’s plan would deliver more of the same.

“We are using the parks the way they are supposed to be used,” said San Francisco resident Willa Hagerty, who also spoke at some of the hearings on the plan. “If we are doing something wrong, let us know with signs or fences.”

For some, walking dogs isn’t just a means of enjoying the outdoors, it’s a source of income. “The plan would really affect a lot of jobs like mine,” said SF resident and dog walker Josh Boutelle, who impressively handled eight different dogs while on a run for SF Pup Prep. “There will be more incidents in parks when there is crowding.”

Although everyone surveyed at Fort Funston stridently opposed the plan, most supported regulations in some form, from limiting the number of dogs professional walkers can handle to requiring leashes in some parts of the park. Sup. Wiener is also in the process of devising regulations for dog walking in city parks.

But the GGNRA plan has pitted environmentalists against dog advocates. The Sierra Club and Golden Gate Audubon Society support the plan and even argue that more restrictions are needed than proposed. Those groups, along with six other organizations including the California Native Plant Society and Nature in the City, wrote a letter to the Board of Supervisors April 8 opposing Wiener’s resolution.

“The GGNRA was created in part to bring a national park-caliber experience to all Bay Area residents and visitors, not to expand recreation opportunities for dog owners,” the letter states. “Contrary to what some are saying, the proposed plan is not about keeping dogs out of the GGNRA. Rather, it is about inviting dogs into the park in a manner that is sustainable and fair to all park users.”

The Sierra Club has even used the dog debate as a big factor for its mayoral endorsement. Sen. Leland Yee has spoken in support of the plan, while mayoral candidates Sup. John Avalos and Board President David Chiu voted to oppose it.

“I’m concerned that the Sierra Club is going to use a microscope on a tiny, insignificant measure to make a decision on mayoral endorsement,” Avalos told us. “The dog policy is insignificant compared to so many other environmental issues.”

Others disagree. Michael Lynes, director of the Golden Gate Audubon society, thought Wiener’s resolution was hasty and did a disservice to the years of work NPS has put into the plan.

“They keep talking about the impacts to the city, while here they are trying to do something that impacts the National Park,” Lynes said. “The resolution is really strange. It opposes the Park Service’s effort to regulate land in a way that is sustainable and equitable.”

Opponents say evidence of dog-induced damage to wildlife and humans is unclear, but the plan gives hundreds of pages of studies and incident reports. In 2008, nearly 900 dog-related incidents were reported, including attacks on vulnerable populations such as young children, seniors, and, disabled people. In 2005, Guide Dogs for the Blind found that 89 percent of their graduates had guide dogs interfered with by off leash dogs.

Plus, as difficult as it may be for dog lovers to fathom, not everyone wants to be around dogs when enjoying the outdoors. Currently, dogs are allowed on all but one major trail in the GGRNA, and China Beach in the Presidio is the only beach where people can have a dog-free experience.

“At the end of the day,” Lynes said, “people don’t want to change their behavior.”

 

Homeowner defense groups to target Wells Fargo shareholders

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“Foreclosures are the new F-Word.” So said Regina Davis, executive director of the San Francisco Housing Development Corporation, at an April 29 seminar at SFHDC’s office on Third Street that explored ways to prevent more foreclosures in San Francisco, California and beyond.

Since the economic meltdown in 2008, there have been 2,000 foreclosures in San Francisco. And the majority have impacted low-income folks and communities of color, who were sold more predatory loans than other groups, Davis and a panel of foreclosure experts warned
And as the recession drags on, another 2,000 foreclosures could be in the works, further destabilizing communities and draining more resources from the city, in terms of lost property values and related tax revenues.

And while deep-pocketed lobbyists have been making it hard to pass laws that would offer at-risk homeowners more protections, homeowner defender groups have decided to target, and now protest against, the group they believe stand directly in the way of equitable reforms: the banks.
 “Wells-Fargo CEO John Stumpf took home $21 million in 2009 while his bank received $25 billion in TARP funds,” stated a flier that ACCE (formerly ACORN) and the Home Defenders League are distributing to urge folks to meet at Justin Herman Plaza at 11: 30 a.m., May 3 and march to the Wells Fargo shareholder meeting where protesters plan to personally deliver a list of their demands to WF CEO Stumpf.

“He and his cronies fought tooth and nail to kill consumer protection bills in California and around the country and are currently trying to gut a 50-state Attorneys General settlement with homeowners that have been defrauded,” the flier concluded.
It noted that ACCE and the Home Defenders League sponsored this event, in partnership with the California State Labor Federation, the California Nurses Association, Contra Costa Interfaith Supporting Community Organizing, Causa Justa: Just Cause, ENLACE, Jobs for Justice, National Education Association, Oakland Education Association PICO California, PICO National Network, SEIU United Service Workers West and Local 1021 and Tenants Together.

“We are also part of The New Bottom Line, a national campaign focused on creating an economy that works for the many, and not the few,” the flier stated.

Dick Meister: The Real May Day

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Dick Meister, formerly labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor, politics and other matters for a half-century.

May Day. A day to herald the coming of Spring with song and dance, a day for children with flowers in their hair to skip around beribboned maypoles, a time to crown May Day queens.

But it also is a day for demonstrations heralding the causes of working people and their unions such as are being held on Sunday that were crucial in winning important rights for working people. The first May Day demonstrations, in 1886,  won the  most important of tthe rights rever won by working people – the right demanded above all others by the labor activists of a century ago:

“Eight hours for work, eight hours for rest, eight hours for what we will!”

Winning the eight-hour workday took years of hard struggle, beginning in the mid-1800s. By 1867, the federal government, six states and several cities had passed laws limiting their employees’ hours to eight per day. The laws were not effectively enforced and in some cases were overturned by courts, but they set an important precedent that finally led to a powerful popular movement.

The movement was launched in 1886 by the Federation of Organized Trades and Labor Unions, then one of the country’s major labor organizations. The federation called for workers to negotiate with their employers for an eight-hour workday and, if that failed, to strike on May 1 in support of the demand.

Some negotiated, some marched and otherwise demonstrated.  More than 300,000 struck. And all won strong support, in dozens of cities – Chicago, New York, Baltimore, Boston, Milwaukee, St. Louis, San Francisco, Pittsburgh, Denver, Indianapolis, Cincinnati, Detroit, Washington, Newark, Brooklyn, St. Paul and others.

More than 30,000 workers had won the eight-hour day by April. On May Day, another 350,000 workers walked off their jobs at nearly 12,000 establishments, more than 185,000 of them eventually winning their demand. Most of the others won at least some reduction in working hours that had ranged up to 16 a day.

Additionally, many employers cut Saturday operations to a half-day, and the practice of working on Sundays, also relatively common, was all but abandoned by major industries.

“Hurray for Shorter Time,” declared a headline in the New York Sun over a story describing a torchlight procession of 25,000 workers that highlighted the eight-hour-day activities in New York. Never before had the city experienced so large a demonstration.

Not all newspapers were as supportive, however. The strikes and demonstrations, one paper complained, amounted to “communism, lurid and rampant.” The eight-hour day, another said, would encourage “loafing and gambling, rioting, debauchery, and drunkenness.”

The greatest opposition came in response to the demonstrations led by anarchist and socialist groups in Chicago, the heart of the eight-hour day movement. Four demonstrators were killed and more than 200 wounded by police who waded into their ranks, but what the demonstrators’ opponents seized on were the events two days later at a protest rally in Haymarket Square. A bomb was thrown into the ranks of the police who had surrounded the square, killing seven and wounding 59.

The bomb thrower was never discovered, but eight labor, socialist and anarchist leaders – branded as violent, dangerous radicals by press and police alike – were arrested on the clearly trumped up charge that they had conspired to commit murder.  Four of them were hanged, one committed suicide while in jail, and three were pardoned six years later by Illinois Gov. John Peter Altgeld.

Employers responded to the so-called Haymarket Riot by mounting a counter-offensive that seriously eroded the eight-hour day movement’s gains. But the movement was an extremely effective organizing tool for the country’s unions, and in 1890 President Samuel Gompers of the American Federation of Labor was able to call for “an International Labor Day” in favor of the eight-hour workday. Similar proclamations were made by socialist and union leaders in other nations where, to this day, May Day is celebrated as Labor Day.

Workers in the United States and 13 other countries demonstrated on that May Day of 1890 – including 30,000 of them in Chicago. The New York World hailed it as “Labor’s Emancipation Day.” It was. For it marked the start of an irreversible drive that finally established the eight-hour day as the standard for millions of working people.


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 300 of his columns.

What to watch, part two

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WEDS/27

The Ballad of Genesis and Lady Jaye (Marie Losier, U.S., 2011) Once dubbed “the wickedest man in the world”, shock artist and cofounder of seminal industrial music pioneers Throbbing Gristle Genesis Breyer P-Orridge has softened somewhat with time. Her plunge into pandrogyny, an ongoing artistic and personal process embarked upon with the late Jacqueline “Lady Jaye” Breyer P-Orridge, is an attempt to create a perfectly balanced body, incorporating the characteristics of both. As artists, the two were committed to documenting their process, but as marriage partners, much of their footage is sweetly innocuous home video footage: Genesis cooking in the kitchen decked out in a little black dress, Lady Jaye setting out napkins at a backyard bar-b-que or helping to dig through Genesis’ archives of COUM Transmissions and Throbbing Gristle “ephemera,” the two wrapped in bandages after getting matching nose jobs. “I just want to be remembered as one of the great love affairs of all time,” Jaye tells Genesis. This whimsical documentary by Marie Losier will go a long way toward making that wish a reality. Wed/27, 9:15 p.m., and May 5, 6:30 p.m., Kabuki. (Nicole Gluckstern)

 

THURS/28

Love in a Puff (Pang Ho-cheung, Hong Kong, 2010) In 2007 the global crackdown on smoking made its way to Hong Kong, where the smoking ordinance effectively banned the practice in all indoor areas. This has lead to the explosion of “hot pot packs,” where smokers from varying walks of life come together in solidarity to grab their drags in the streets. That’s the milieu of Love in a Puff, an utterly charming, endearingly funny rom-com from Hong Kong filmmaker Pang Ho-cheung. When Cherie, a pretty Sephora sales clerk and asthmatic with a magenta-hued bob, meets Jimmy, a blandly handsome 20-something advertising exec, over Capri Slims and Lucky Strikes, what follows is a thoroughly modern and tentative courtship waged through dozens of text messages, a dash of karaoke, and a chaste encounter in a Hong Kong “love hotel.” Throw in some haunted car trunks, rogue foreign pubes in bracelets, all night-smoke runs to beat brutal tax increases, and a dry-ice-in-the toilet fetish (“It’s like taking a dump in heaven!” exclaims Jimmy) and you get a thoroughly quirky but never overly cute take on modern romance, one that never blows smoke when it comes to navigating the messy realities of love. Thurs/28, 8:45 p.m., and Sat/30, 1:15 p.m., Kabuki. (Michelle Devereaux)

 

SAT/30

The Black Power Mixtape 1967-1975 (Göran Hugo Olsson, Sweden/U.S.) Cinematic crate-diggers have plenty to celebrate, checking the results of The Black Power Mixtape 1967-1975. Swedish documentarian Göran Hugo Olsson had heard whispers for years that Swedish television archives possessed more archival footage of the Black Panthers than anyone in the states — while poring through film for a doc on Philly soul, he discovered the rumors were dead-on. With this lyrical film, coproduced by the Bay Area’s Danny Glover, Olsson has assembled an elegant snapshot of black activists and urban life in America, relying on the vivid, startlingly crisp images of figures such as Stokely Carmichael and Huey P. Newton at their peak, while staying true to the wide-open, refreshingly nonjudgmental lens of the Swedish camera crews. Questlove of the Roots and Om’Mas Keith provide the haunting score for the film, beautifully historicized with shots of Oakland in the 1960s and Harlem in the ’70s. It’s made indelible thanks to footage of proto-Panther school kids singing songs about grabbing their guns, and an unforgettable interview with a fiery Angela Davis talking about the uses of violence, from behind bars and from the place of personally knowing the girls who died in the infamous Birmingham, Ala., church bombing of 1963. Sat/30, 9 p.m., Kabuki, and Tues/3, 6 p.m., New People. (Kimberly Chun)

 

SUN/1

Circumstance (Maryam Keshavarz, France/U.S./Iran/Lebanon) Thirteen (2003) goes to Tehran? The world of sex, drugs, and underground nightclubs in Iran provides the backdrop for writer-director Maryam Keshavarz’s lusty, dreamy take on the passionate teenagers behind the hijabs. Risking jail and worse are the sassy, privileged Atafeh (Nikohl Boosheri) and the beautiful, orphaned Shireen (Sarah Kazemy), who, much like young women anywhere, just want to be free — to swim, sing, dance, test boundaries, lose, and then find themselves. The difference here is that they’re under constant, unnerving surveillance, in a country where more than 70 percent of the population is younger than 30. Nevertheless, within their mansion walls and without, beneath graffitied walls and undulating at intoxicating house parties, the two girls begin to fall in love with each other, as Atafeh’s handsome, albeit creepy older brother Mehran (Palo Alto-bred Reza Sixo Safai) gazes on. The onetime musical talent’s back from rehab, has returned to the mosque with all the zeal of the prodigal, and has hooked up with the Morality Police that enforces the nation’s cultural laws. Filmed underground in Beirut, with layers that permit both pleasure and protest (wait for the hilarious moment when 2008’s Milk is dubbed in Farsi), Circumstance viscerally transmits the realities and fantasies of Iranian young women on the verge. Sun/1, 6 p.m., and Tues/3, 6:15 p.m., Kabuki. (Chun)

The Salesman (Sébastien Pilote, Canada) Indefatigably optimistic on the outside, small-town Quebec car salesman Marcel (Gilbert Sicotte) refuses to slow down, let alone retire — perhaps from fear that grief over his wife’s death would fill any hours left empty, though he’s far too composed to let that show. He has his daughter (Nathalie Cavezzali) and grandson (Jeremy Tessier) to dote on, and his customers to endlessly fuss over and reassure. But there are few customers these days because the local factory workers are on strike, their plant in danger of being shuttered. Sébastien Pilote’s quiet drama carefully accumulates everyday details toward a full understanding of Marcel and his milieu, the stability of both eventually threatened by factors that not even his formidable powers of denial can overcome. It’s the kind of movie so small and unassuming you’re caught completely unaware when it delivers a gut-punch. Sun/1, 6:15 p.m., Kabuki; Tues/3, 8:50 p.m., PFA; and May 5, 2 p.m., Kabuki. (Dennis Harvey)

13 Assassins Before you accuse Japan’s bad boy director Takashi Miike of going all prestige-y by making a Kurasawa-esque samurai pic, consider that his 13 Assassins is actually a remake of what was originally dismissed by many as a Seven Samurai knockoff, the late Eiichi Kudo’s 1963 film of the same name. Koji Yakusho stars as Shinzaemon Shimada, an aging ronin convinced to come out of the proverbial retirement to assassinate a psychotically brutal lord (Goro Inagaki) with a penchant for raping, killing, and wreaking general havoc. Shinzaemon assembles a ragtag team of warriors with varying levels of experience, and the requisite carnage ensues. Featuring solid performances and an impressively choreographed climax, this well-told tale nevertheless feels disappointing stale. The idea of the iconoclastic Miike reinventing the samurai genre is an intriguing one. But while the film at times gnashes the provocative pulp that most Miike devotees have come to crave, it admittedly elicits a measure of old-fashioned respectability that the genre, by default, seems to command like a master ordering his knightly charge. It certainly beheads all its targets, but with something of a shrug of its shoulders. Sun/1, 8:30 p.m., Castro. (Devereaux)

 

MON/2

Incendies (Denis Villeneuve, Canada/France, 2010) When tightly wound émigré Nawal (Luba Azabal) dies, she leaves behind adult twins Jeanne (Mélissa Désormeaux-Poulin) and Simon (Maxim Gaudette) — and leaves them documents that only compound their feelings of grief and anger, suggesting that what little they thought they knew about their background might have been a lie. While resentful Simon at first stays home in Montreal, Jeanne travels to fictive “Fuad” (a stand-in for source-material playwright Wajdi Mouawad’s native Lebanon), playing detective to piece together decades later the truth of why their mother fled her homeland at the height of its long, brutal civil war. Alternating between present-day and flashback sequences, this latest by Canadian director Denis Villeneuve (2000’s Maelstrom) achieves an urgent sweep punctuated by moments of shocking violence. Resembling The Kite Runner in some respects as a portrait of the civilian victimization excused by war, it also resembles that work in arguably piling on more traumatic incidences and revelations than one story can bear — though so much here has great impact that a sense of over-contrivance toward the very end only slightly mars the whole. Mon/2, 6:30 p.m., and May 5, 8 p.m., Kabuki. (Harvey)

 

TUES/3

Tabloid (Errol Morris, U.S., 2010) Taking a break from loftier subjects, Errol Morris’ latest documentary simply finds a whopper of a story and lets the principal participant tell her side of it — one we gradually realize may be very far from the real truth. In 1978 former Miss Wyoming Joyce McKinney flew to England, where the Mormon boy she’d grown infatuated with had been posted for missionary work by his church. What ensued became a U.K. tabloid sensation, as the glamorous, not at all publicity-shy Yankee attracted accusations of kidnapping, imprisonment, attempted rape, and more. Her victim of love, one Kirk Anderson, is not heard from here — presumably he’s been trying to live down an embarrassing life chapter ever since. But we do hear from others who shed considerable light on the now middle-aged McKinney’s continued protestations that it was all just one big misunderstanding. Most important, we hear from the lady herself — and she is colorful, unflappable, unapologetic, and quite possibly stone-cold nuts. Tues/3, 9:30 p.m., Kabuki, and May 5, 2:45 p.m., New People. (Harvey)

THE 54TH ANNUAL SAN FRANCISCO INTERNATIONAL FILM FESTIVAL runs through May 5. Venues are the Sundance Kabuki, 1881 Post, SF; Castro, 429 Castro, SF; New People, 1746 Post, SF; San Francisco Museum of Modern Art, 151 Third, SF; and Pacific Film Archive, 2575 Bancroft, SF. For tickets (most shows $13) and complete schedule visit www.sffs.org>.

Editor’s notes

6

tredmond@sfbg.com

The candidates for mayor of San Francisco are already lining up endorsements — the Sierra Club held its interviews April 23, which seems awfully early to me, since some of the most interesting contenders in this town (Tom Ammiano, Matt Gonzalez) have a tendency to jump in at the last minute. And the filing deadline isn’t until August.

But the sooner the big names and organizations are lined up and the money is locked in, the harder it will be for anyone to pull off an August surprise. So unless the redistricting commission seriously messes with Mark Leno’s state Senate seat or Ed Lee bows to the pressure from Willie Brown, Rose Pak, and their allies and decides to go back on his promise and seek a full term, we’re probably looking at a rough approximation of what the voters will face in November.

With John Avalos in the race, the ballot’s become a lot more attractive to progressives. It’s not as if the other major candidates don’t have a lot to offer, and in some cases, they have a lot to offer to the left. There are smart, experienced, qualified people running.

But let’s be honest here: David Chiu, Dennis Herrera, Phil Ting, Leland Yee, and Bevan Dufty all operate somewhere in the squishy political center, a place where tax breaks for corporations are okay, where “homeownership opportunities” tend to trump the needs of tenants, where deals with big private developers are sculpted around the edges but never rejected outright, and where cuts in services are a larger part of the budget solution than taxes on the rich.

Michela Alioto-Pier is off on the far right of the San Francisco political world, and if she looks at all credible and gets any significant traction (and that’s a big if) she’ll be downtown’s favorite candidate. But until now, there was nobody holding the solid progressive banner.

I don’t think that means Avalos’ appeal is limited to the left; he’s in a swing district, and he’s very popular there, and he can talk about small business and community development and open, honest government. He doesn’t sound like a crazy radical; he’s polite and respectful and listens to people.

But I’m glad we have a candidate who won’t try to argue that 25 percent affordable housing at Treasure Island is something to be proud of, or that the Twitter tax break will create jobs, or that social inequality can’t be addressed through local policy. I’m glad there’s someone who can push the discussion and debate out of the middle, can force some of the others who want progressive support to take strong stands, and can liven things up a bit. Because without him, all of the candidates were sounding a lot alike — and I really don’t want to be bored this fall.

Dick Meister: 11 Million a Year Bandits

5

Dick Meister, formerly labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor, politics and other matters for a half-century.

AFL-CIO President Richard Trumka has an important question for you.

“How much,” he asks, “did your pay go up last year? How about your friends and family?”

Before you answer, Trumka asks that you consider this: In 2010, the CEOs of major companies averaged $11.4 million for their year’s work. That was an increase of  an increase of 23 percent over their pay in 2009.

All told, the CEOs were paid $2 trillion last year.  That, of course. was during a recessionary time like now when working people were lucky to have jobs at all, whatever the pay. And the pay of those who did have jobs stayed pretty much the same, or actually went down.

The CEOs of major companies faced no such problems, obviously, with their pay increasing hugely to more than $11 million a year.  Which leads the AFL-CIO to wonder “how many firefighters, nurses, teachers or construction workers does it take to equal the pay of one CEO today?”

I’d also like to know how many CEOs do work as important as that of rank-and-file firefighters, nurses, teachers and construction workers?

The AFL-CIO’s Trumka notes that despite the collapse of financial markets three years ago at the hands of many of those same astronomically paid CEOs, the “disparity between CEO and workers’ pay has continued to grow to levels that are simply stunning.”

Think of it. Those CEOs collecting enormous pay were in charge when we sunk into the worst financial crisis since the Great Depression. When we lost 8 million jobs and millions of small businesses. When housing prices plummeted and millions of dollars in personal savings were wiped out.  Yet at the same time those in charge of the economy, notes Trumka, “still found a way to make out like bandits.”

Rich Trumka is a pretty outspoken guy, not known for understatement. But in this case, he probably is understating the situation.  The difference between CEO pay at major companies and workers’ pay is beyond stunning, beyond outrageous.

I’d say it’s virtually beyond human understanding. How could we let that happen? Is this not a democracy in which the great wealth generated here is spread more or less equally?

Hah!

OK, I’m asking foolish questions. But if ours was a true economic democracy, the spread between CEO and workers’ pay would be far less than it is. How many workers got pay raises of more than 20 percent last year? How many were paid more than $11 million?

How many needed that much money to live comfortably?

Trumka, notes that corporate CEOs “are hoarding $2 trillion in cash.” Indeed, the money-grubbing CEOs chose to take their $2 trillion in raises rather than use the money, or at least part of it, to create decent -paying jobs for their fellow citizens who are so much less fortunate than they.

To describe the CEOs as greedy would be a gross understatement.

I know I’m laying it on thick, but I’m mad – damn mad – and think you should be, too. The CEOs and their companies are stealing us blind and getting way with it.

The AFL-CIO’s Trumka does offer the possibility of better times, however. He says that “although pay is more out of balance than it has been during most of our lifetimes, for the first time there is hope that things are changing.”

That, says Trumka, is because of a new law, the Wall Street Reform and Consumer Protection Act. The act, as President Obama said when signing it into law last year, is “a sweeping overhaul of the United States financial regulatory system on a scale not seen since the reforms that followed the Great Depression.”

The lack of sufficient financial regulations sufficiently enforced was, or course, the main factor in the continuing Great recession, just as it was during the Great Depression of the 1930s.

The new law is already under attack by Congressional Republicans who have announced their intention to try to repeal it. They particularly object to provisions that would give shareholders a vote on CEO pay and require companies to publicly disclose the ratio between the pay of their CEOs and their workers.

Trumka says it truly shocks him that companies and their GOP allies “have the nerve to argue against those provisions in public, and lobby against them – after the companies drove our country off an economic cliff.”

Trumka says the AFL-CIO “is ready to have this debate. We will take on Wall Street and we will win.”

Strong words, but the AFL-CIO has the powerful political allies, the funding and the troops to carry out Trumka’s bold promise. Let’s hope fervently that labor and its supporters can indeed win the debate, If not, we could be in line for more serious Wall Street-based troubles  – an extended recession for sure, maybe worse.

Dick Meister, former labor editor of the SF Chronicle and KQED Newsroom, has covered labor and politics for a half-century. Contact him through his website, www.dickmeister.com, which includes more than 300 of his columns.

Kill your TV

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le.chicken.farmer@gmail.com

Dear Cheap Eats Lady,

Where did you go? New Orleans? That is great.

It is the news. It is the unkind heart of government, our American government, that makes me want to stop what I’m doing, which is watching television, and go to sleep. This is easy, because I am lying on the couch anyway. All it requires is a rollover and the determination to jettison my responsibilities for the day. Students be damned, the government got me so down, I could not grade your papers.

The thing that’s great about me is that, I do roll over and go to bed for the day. It is a habit I’ve had all my life. I didn’t get to use it so much when I worked full time in an office. But those days were, in the scope of all the jobs I’ve had, short-lived.

There was a time, during the Bush eras, when I thought I would simply drop out of society. And I did. It was too much to take. I felt like democracy was over, and nobody cared. So I quit. I quit the whole thing. I am a man of accomplishment and purposefulness. Especially when it comes to not doing anything. The complete quitting. Oh, how I excel.

This has been kind of going on for a few weeks. My job doesn’t seem to notice. But I know I can’t go on like this and maintain any sort of a paycheck. Eventually the work will pile up so much that I will not be able to get it done anymore. I feel like the mailfolks who stash all the mail they don’t feel like delivering in their houses.

I have a tiny bedroom filled knee-deep with research papers about gun control, abortion, global warming, and how cell phones are very convenient. You would think that someone would be interested.

Yers,

Earl

Dear Earl Butter,

Goddamn it, man, deliver that mail! Seriously, you don’t have to worry about the government. David Byrne and I have that taken care of. What you do need to do is put every one of those student papers in its own private individual envelope, address them to as many different mail carriers as you can think of, and: stamp, boom, gone!

The USPS is in fact an evil institution, point taken. But I don’t know why you are letting the TV news roll you over. This is Cheap Eats! Switch to sports. I mean, not that it’s any less depressing than what may or may not be happening in the world of … the world, for all I know. On my way to the basketball game last night, for example, I learned that there might not be a pro football season next season. But wait, shouldn’t you be downstairs playing with my cat?

Yes, New Orleans. Where else is there? The first thing I ate this time was crawfish pieroghi. And it’s so hot here now that Hedgehog and I almost have no choice but to lick Hansen’s satsuma-flavored snow-blizzes off of each other.

Technically, hers may have been coconut-flavored, unless that’s my sunscreen I smell, typing this.

Other than that, it’s pretty kinda weird, living with someone you don’t live with in a town where you don’t live. I mean, in the morning she goes off to make TV (of a very different nature than the kind rolls you over), and I go off to change diapers, and then after work we go eat crawfish pieroghis just like any other northeast Ohio/central Pennsylvania bred couple in New Orleans.

Except some nights last week there was the French Canadian Quarter Festival, where we were not only rocked by brass bands and zydeco, but by Crabby Jack’s boudin sausages, which changed my life, and then Love at First Bite’s cochon du lait po’boys, which changed my life.

And then, as if my life weren’t different enough already, on the weekend we went to the mall. We went to Metarie. That’s like going to San Mateo. Except after we stopped for refreshment at Acme Oyster House, which changed my life.

Earl, I’ll be back next week. Our beloved Bay Area is not exactly unknown for its oysters, either. If you can find me a place that has char-grilled ones as good as this, or even half as good, if not better, then I will take you there.

And grade your papers.

And kill your television.

No you worry,

Your L.E.

 

Editor’s notes

2

tredmond@sfbg.com

You lose a lot on the left. We all get used to it; we’re fighting against a rich, entrenched power structure and the rules of the game are rigged against us. For people in the labor movement, it’s been a particularly bad year; all over the country, politicians are looking for ways to undermine collective bargaining rights.

So it’s nice to win one every now and then — and it’s nice to be able to say that labor, progressive labor, just won a major victory in San Francisco. But it’s no surprise that the San Francisco Chronicle got the story wrong.

For several years now, the owners of the Fairmont Hotel have wanted to tear down a tower built in the 1960s, eliminate 226 hotel rooms, and build about 160 luxury condos instead. The hotel workers union, not surprisingly, worried about a loss of jobs; condo owners don’t use housekeeping. But it’s a larger issue than that: people who buy hotel condos don’t live there much. Most of the rooms that have been converted nationwide become pieds à terre for very wealthy people. They spend a few nights a year in their units; the rest of the time, the places are empty. Nobody there to shop, eat, or get entertained in SF; nobody spending money here.

So it’s a nice little bit of class warfare: The city loses hotel and restaurant jobs — and part of the city’s tourist infrastructure — so that the owners (including a Saudi prince and Oakland A’s owner Lou Wolff) can make a fast windfall profit. (Think $1 million to $2 million each for 160 condos and you get the picture.)

The owners hired Willie Brown to make their case at City hall; Mayor Ed Lee quickly introduced legislation that would allow the conversion. The Chron picked up the ownership line: only condos can save the Fairmont. “The business has migrated downhill to new hotels near the Moscone Convention Center south of Market,” the paper lamented in an April 17 editorial. Done deal, right?

Well, no. Local 2, the hotel workers union, did an amazing job of organizing, working with Nob Hill neighbors and, by the way, pointing out the facts — the Fairmont has outperformed the SoMa hotels during 10 of the past 11 years, has enviable occupancy rates and stands to reap the benefits of the America’s Cup. Facing a possible strike and a battle royal at City Hall, the Fairmont blinked. The condo plan is dead. Good work, my friends. 

 

Film Listings

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Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Peter Galvin, Max Goldberg, Dennis Harvey, Johnny Ray Huston, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. For rep house showtimes, see Rep Clock. For first-run showtimes, see Movie Guide.

SAN FRANCISCO INTERNATIONAL FILM FESTIVAL

The 54th annual San Francisco International Film Festival runs April 21–May 5. Venues are the Sundance Kabuki, 1881 Post, SF; Castro, 429 Castro, SF; New People, 1746 Post, SF; San Francisco Museum of Modern Art, 151 Third, SF; and Pacific Film Archive, 2575 Bancroft, SF. For tickets (most shows $13) and complete schedule visit www.sffs.org.

THURS/21

Castro Beginners 7.

FRI/22

Kabuki The Place In Between 2. “Irresistable Impulses” (shorts program) 3:15. The Good Life 3:45. Miss Representation 6. Hahaha 6:15. I’m Glad My Mother is Alive 6:45. Attenberg 7. Walking Too Fast 8:45. Meek’s Cutoff 9. Microphone 9:15. The City Below 9:30. Stake Land 11:30.

New People Hot Coffee 6:30. Nainsukh 9:15.

PFA Silent Souls 7. Jean Gentil 8:40.

SAT/23

Kabuki “Youth Media Mash-Up” noon. Mysteries of Lisbon 12:15. The Autobiography of Nicolae Ceausescu 12:45. The Colors of the Mountain 1. Year Without a Summer 3. Life, Above All 4. “Mind the Gap” (shorts program) 4:45. Better This World 6. The Future 6:15. Le Quattro Volte 6:45. The Light Thief 7:15. World on a Wire 8:45. Living On Love Alone 9:30. “Get With the Program” (shorts program) 9:45. The Troll Hunter 11:30.

New People Pink Saris 1. The Last Buffalo Hunt 3:20. The Pipe 6. Hospitalité 9.

SFMOMA The Mill and the Cross 12:30. !Women Art Revolution 3.

PFA Foreign Parts 2:15. The Green Wave 4. Autumn 6:15. The High Life 8:40.

SUN/24

Kabuki “Irresistable Impulses” (shorts program) noon. A Cat in Paris 12:30. Jean Gentil 1. Nainsukh 2:30. The Green Wave 2:45. Walking Too Fast 3. “Cupid With Fangs” (shorts program) 3:15. Silent Souls 4:45. Crime After Crime 6. At Ellen’s Age 6:15. The Colors of the Mountain 6:30. “The Deep End” (shorts program) 7. Asleep in the Sun 8:45. “State of Cinema: Christine Vachon” 9. The Stool Pigeon 9:15. “From A to Zellner” (shorts program) 9:45.

New People A Useful Life noon. Microphone 2. The Autobiography of Nicolae Ceausescu 5:15. The Future 9:15.

PFA Something Ventured 2. Children of the Princess of Cleves 4:15. Chantrapas 6:15. The Arbor 8:45.

MON/25

Kabuki Children of the Princess of Cleves 2. The City Below 4. Meek’s Cutoff 4:30. Hot Coffee 6:30. Autumn 6:45. Cave of Forgotten Dreams 7. She Monkeys 7:15. Salon: The Social Justice Documentary 8:30. Hahaha 9. The Light Thief 9:15. I’m Glad My Mother is Alive 9:30. Stake Land 9:45.

New People The Troll Hunter 6:15. Year Without a Summer 9:15.

PFA A Useful Life 7. !Women Art Revolution 8:40.

TUES/26

Kabuki Hot Coffee 2. Hahaha 3:30. Ulysses 4. Chantrapas 6. Jean Gentil 6. The Sleeping Beauty 6:15. Nostalgia for the Light 6:30. She Monkeys 8:45. New Skin For the Old Ceremony 9. The Whistleblower 9:15. Cave of Forgotten Dreams 9:30.

New People The Last Buffalo Hunt 6:30. “Cupid With Fangs” (shorts program) 9.

PFA Better This World 6:30. Position Among the Stars 8:50.

OPENING

African Cats This Earth Day release, narrated by Samuel L. Jackson, follows cheetah and lions on the African savanna. (1:40) Shattuck.

Ceremony It’s easy to dismiss Ceremony as derivative. The plot isn’t exactly original. But recycled material aside, it’s an entertaining indie diversion and a promising feature-length debut from writer-director Max Winkler. The underrated Michael Angarano stars as Sam Davis, a pretentious shit who owes a lot to Holden Caulfield by way of Rushmore‘s Max Fischer. Sam tricks his best friend Marshall (Reece Thompson) into accompanying him on a weekend getaway, with the real objective of winning back his lost love Zoe (Uma Thurman). But Zoe is all set to marry blowhard Whit Coutell (Lee Pace) and is not too keen on blowing off her wedding. None of the characters are all that likable — a quirky indie comedy must — and there are few surprises. But Winkler’s script is cute, and his cast is charming enough to carry the material along. The scenes between Angarano and Thompson are the film’s best. Here’s hoping they stand out enough to earn these young actors the recognition they deserve. (1:40) Lumiere. (Peitzman)

Pom Wonderful Presents: The Greatest Movie Ever Sold Don’t even think about shortening the title: Morgan Spurlock’s new documentary POM Wonderful Presents: The Greatest Story Ever Sold is ingenious, bitingly funny, and made possible by corporate sponsorship. POM paid good money to earn a spot about the title, so damned if I’m going to leave them out. Instead of keeping product placement subliminal — or at least trying — Spurlock shows exactly what goes into the popular marketing practice. His film isn’t so much critical as it is honest: he doesn’t fight product placement, but rather embraces it to his own advantage. It’s win-win. Spurlock gets to make his movie without losing any cash, and the audience gets a hilarious insider look into a mostly hidden facet of advertising. As he says, it’s about transparency, and no one can claim Spurlock is trying to go behind our backs. And what of the advertising that pops up throughout the film? I can only speak to my own experience, but yes, I’m drinking POM as I write this. (1:26) SF Center. (Peitzman)

Red, White and Blue Noah Taylor stars in this mystery punctuated by shocking twists. (1:42) Roxie.

Trust A teenager is victimized by an internet predator in this drama. Clive Owen and Catherine Keener play her horrified parents. (1:55) Opera Plaza.

Tyler Perry’s Madea’s Big Happy Family She’s baaack. (2:00) Shattuck.

Water for Elephants A young man (Robert Pattinson) joins a circus (populated by the likes of Reese Witherspoon and Christoph Waltz) in this drama based on the best-selling novel. (2:00) Balboa, Marina.

White Irish Drinkers What is 20-year TV veteran John Gray (of series The Ghost Whisperer) doing writing-directing yet another indie Mean Streets (1973) knockoff? That’s fresh-outta-film-school business. Why is anyone doing one of those so long after the expiration date for that second (or by now third) generation shit? This trip down some very familiar roads — 1997’s Good Will Hunting and 1977’s Saturday Night Fever being others — stars SF native Nick Thurston as a 1975 Brooklyn youth with a violent alcoholic father (Stephen Lang), long-suffering mother (Karen Allen), and an older brother drifting into criminality (Geoffrey Wigdor). As outside influences this talented closet artist has the requisite upscaling girl (Leslie Murphy) urging him to dream big, and a wistfully downtrodden employer (Peter Riegert) providing the plot gimmick as a failing movie-palace owner who hopes to turn around his fortunes with a one-night-stand by the Rolling Stones. Everything about White Irish Drinkers feels recycled from other movies. Though the performers work hard and the progress is entertaining enough, there’s way too much déjà vu here for one film to bear and still stand on its own punch-drunk legs. (1:49) Lumiere, Shattuck. (Harvey)

ONGOING

The Adjustment Bureau As far as sci-fi romantic thrillers go, The Adjustment Bureau is pretty standard. But since that’s not an altogether common genre mash-up, I guess the film deserves some points for creativity. Based on a short story by Philip K. Dick, The Adjustment Bureau takes place in a world where all of our fates are predetermined. Political hotshot David Norris (Matt Damon) is destined for greatness — but not if he lets a romantic dalliance with dancer Elise (Emily Blunt) take precedence. And in order to make sure he stays on track, the titular Adjustment Bureau (including Anthony Mackie and Mad Men‘s John Slattery) are there to push him in the right direction. While the film’s concept is intriguing, the execution is sloppy. The Adjustment Bureau suffers from flaws in internal logic, allowing the story to skip over crucial plot points with heavy exposition and a deus ex machina you’ve got to see to believe. Couldn’t the screenwriter have planned ahead? (1:39) Balboa, Shattuck. (Peitzman)

Arthur (1:45) Empire, 1000 Van Ness, SF Center.

Atlas Shrugged (1:57) Shattuck, SF Center.

*Bill Cunningham New York To say that Bill Cunningham, the 82-year old New York Times photographer, has made documenting how New Yorkers dress his life’s work would be an understatement. To be sure, Cunningham’s two decades-old Sunday Times columns — “On the Street,” which tracks street-fashion, and “Evening Hours,” which covers the charity gala circuit — are about the clothes. And, my, what clothes they are. But Cunningham is a sartorial anthropologist, and his pictures always tell the bigger story behind the changing hemlines, which socialite wore what designer, or the latest trend in footwear. Whether tracking the near-infinite variations of a particular hue, a sudden bumper-crop of cropped blazers, or the fanciful leaps of well-heeled pedestrians dodging February slush puddles, Cunningham’s talent lies in his ability to recognize fleeting moments of beauty, creativity, humor, and joy. That last quality courses through Bill Cunningham New York, Richard Press’ captivating and moving portrait of a man whose reticence and personal asceticism are proportional to his total devotion to documenting what Harold Koda, chief curator at the Costume Institute at the Metropolitan Museum of Art, describes in the film as “ordinary people going about their lives, dressed in fascinating ways.” (1:24) Embarcadero, Shattuck. (Sussman)

Certified Copy Abbas Kiarostami’s beguiling new feature signals “relationship movie” with every cobblestone step, but it’s manifestly a film of ideas — one in which disillusionment is as much a formal concern as a dramatic one. Typical of Kiarostami’s dialogic narratives, Certified Copy is both the name of the film and an entity within the film: a book written against the ideal of originality in art by James Miller (William Shimell), an English pedant fond of dissembling. After a lecture in Tuscany, he meets an apparent admirer (Juliette Binoche) in her antique shop. We watch them talk for several minutes in an unbroken two-shot. They gauge each other’s values using her sister as a test case — a woman who, according to the Binoche character, is the living embodiment of James’ book. Do their relative opinions of this off-screen cipher constitute characterization? Or are they themselves ciphers of the film’s recursive structure? Kiarostami makes us wonder. They begin to act as if they were married midway through the film, though the switch is not so out of the blue: Kiarostami’s narrative has already turned a few figure-eights. Several critics have already deemed Certified Copy derivative of many other elliptical romances; the strongest case for an “original” comes of Roberto Rossellini’s Voyage to Italy (1954). The real difference is that while Rossellini’s masterpiece realizes first-person feelings in a third-person approach, Kiarostami stays in the shadow of doubt to the end. (1:46) Opera Plaza, Smith Rafael. (Goldberg)

*Circo The old notion of “running away with the circus” seldom seemed appealing — conjuring images of following an elephant around with a shovel — and it grows even less so after watching Aaron Schock’s warm, touching documentary. The kids here might one day run away from the circus. They’re born into Grand Circo Mexico, one of four circuses run by the Ponce family, which has been in this business for generations; if they’re old enough to walk, they’re old enough to perform, and help with the endless setup and breakdown chores. (Presumably child labor laws are an innovation still waiting to happen here.) Touring Mexico’s small towns in trucks with a variety of exotic animals, it’s a life of labor, with on-the-job training in place of school — arguably not much of a life for child, as current company leader Tino’s wife Ivonne (who really did run away with the circus, or rather him, at age 15) increasingly insists. Other family members have split for a normal life, and Tino is caught between loyalty to his parents’ ever-struggling business and not wanting to lose the family he’s raised himself. This beautifully shot document, scored by Calexico and edited by Mark Becker (of 2005’s marvelous Romantico), is a disarming look at a lifestyle that feels almost 19th century, and is barely hobbling into the 21st one. (1:15) Lumiere, Shattuck. (Harvey)

The Conspirator It may not be your standard legal drama, but The Conspirator is a lot more enjoyable when you think of it as an extended episode of Law & Order. The film chronicles the trial of Mary Surratt (Robin Wright), the lone woman charged in the conspiracy to assassinate Abraham Lincoln. It’s a fascinating story, especially for those who don’t know much of the history past John Wilkes Booth. But while the subject matter is compelling, the execution is hit-or-miss. Wright is sympathetic as Surratt, but the usually great James McAvoy is somewhat forgettable in the pivotal role of Frederick Aiken, Surratt’s conflicted lawyer. It’s hard to say what it is that’s missing from The Conspirator: the cast — which also includes Evan Rachel Wood and Tom Wilkinson — is great, and this is a story that’s long overdue to be told. Still, something is lacking. Could it be the presence of everyone’s favorite detective, the late Lennie Briscoe? (2:02) Embarcadero, Empire, 1000 Van Ness, Piedmont, Presidio. (Peitzman)

*Hanna The title character of Hanna falls perfectly into the lately very popular Hit-Girl mold. Add a dash of The Boys from Brazil-style genetic engineering — Hanna has the unfair advantage, you see, when it comes to squashing other kids on the soccer field or maiming thugs with her bare hands — and you have an ethereal killing/survival machine, played with impassive confidence by Atonement (2007) shit-starter Saoirse Ronan. She’s been fine-tuned by her father, Erik (Eric Bana), a spy who went out into the cold and off the grid, disappearing into the wilds of Scandinavia where he home-schooled his charge with an encyclopedia and brutal self-defense and hunting tests. Atonement director Joe Wright plays with a snowy palette associated with innocence, purity, and death — this could be any time or place, though far from the touch of modern childhood stresses: that other Hannah (Montana), consumerism, suburban blight, and academic competition. The 16-year-old Hanna, however, isn’t immune from that desire to succeed. Her game mission: go from a feral, lonely existence into the modern world, run for her life, and avenge the death of her mother by killing Erik’s CIA handler, Marissa (Cate Blanchett). The nagging doubt: was she born free, or Bourne to be a killer? Much like the illustrated Brothers Grimm storybook that she studies, Hanna is caught in an evil death trap of fairytale allegories. One wonders if the super-soldier apple didn’t fall far from the tree, since evil stepmonster Marissa oversaw the program that produced Hanna — the older woman and the young girl have the same cold-blooded talent for destruction and the same steely determination. Yet there’s hope for the young ‘un. After learning that even her beloved father hid some basic truths from her, this natural-born killer seems less likely to go along with the predetermined ending, happy or no, further along in her storybook life. (1:51) Empire, Four Star, 1000 Van Ness, SF Center. (Chun)

Henry’s Crime Keanu Reeves is one of those actors who’s spectacularly franchise-wealthy — due to those Matrix movies wherein his usual baffled solemnity was ideal — yet whom the public otherwise feels scant evident loyalty toward, and producers don’t know what to do with. Now that he’s aging out of his looks, can he transform into a character actor? Maybe. Reeves played charming suitors in Something’s Gotta Give (2003) and The Private Lives of Pippa Lee (2009), both very much supporting roles. He seems increasingly interested in indie films, which he surely doesn’t need to pay the rent, and he’s certainly the best reason to see Henry’s Crime, a pleasant, middling, retro crime caper costarring frequently better actors at dimmer wattage than usual. The film is an old hat out of the Damon Runyon trunk, in which lovable crooks mix it up with hoity theatrical types and nobody gets hurt except (barely) the really bad guys. James Caan — who starred in similar enterprises during their post-The Sting heyday plays the veteran convict-conman who schools Reeves’ hapless Buffalo, N.Y., toll-taker Henry after our hero is slammer-thrown for an armed robbery he didn’t know he was embroiled in until it was over. Upon release, Henry discovers the targeted bank and nearby theater had a Prohibition-era secret tunnel between them. Having already done the time, he figures he might as well do the crime by finishing the aborted bank job for real. He enlists local stage diva Julie (Vera Farmiga) as well as Caan’s parole-coaxed Max. Resulting wacky hijinks render Max a theater “volunteer” and Henry as Julie’s Cherry Orchard costar, all so they can access the walled-up passageway to the bank vault. Much of this is ridiculous, of course, and not intentionally so. The climax is classic movies-getting-how-theater-works-wrong. But its contrivance functions to some extent because the lead actor convinces us it should. (1:48) Embarcadero. (Harvey)

Hop (1:30) 1000 Van Ness, Shattuck.

*In a Better World Winner of this year’s Best Foreign Language Film Oscar, this latest from Danish director Susanne Bier (2004’s Brothers, 2006’s After the Wedding) and her usual co-scenarist Anders Thomas Jensen (2005’s Adam’s Apples, 2003’s The Green Butchers) is a typically engrossing, complex drama that deals with the kind of rage for “personal justice” that can lead to school and workplace shootings, among other things (like terrorism). Shy, nervous ten-year-old Elias (Markus Rygaard) needs a confidence boost, but things are worrying both at home and elsewhere. His parents are estranged, and his doting father (Mikael Persbrandt) is mostly away as a field hospital in Kenya tending victims of local militias. At school, he’s an easy mark for bullies, a fact which gets the attention of charismatic, self-assured new kid Christian (William Jøhnk Nielsen), who appoints himself Elias’ new (and only) friend — then when his slightly awed pal is picked on again, intervenes with such alarming intensity that the police are called. Christian appears a little too prone to violence and harsh judgment in teaching “lessons” to those he considers in the wrong; his own domestic situation is another source of anger, as he simplistically blames his earnest, distracted executive father (Ulrich Thomsen) for his mother’s recent cancer death. Is Christian a budding little psychopath, or just a kid haplessly channeling his profound loss? Regardless, when an adult bully (Kim Bodnia as a loutish mechanic) humiliates Elias’ father in front of the two boys, Christian pulls his reluctant friend into a pursuit of vengeance that surely isn’t going to end well. With their nuanced yet head-on treatment of hot button social and ethical issues, Bier and Jensen’s work can sometimes border on overly-schematic melodrama, meting out its own secular-humanist justice a bit too handily, like 21st-century cinematic Dickenses. But like Dickens, they also have a true mastery of the creating striking characters and intricately propulsive plotlines that illustrate the points at hand in riveting, hugely satisfying fashion. This isn’t their best. But it’s still pretty excellent, and one of those universally accessible movies you can safely recommend even to people who think they don’t like foreign or art house films. (1:53) Embarcadero, Shattuck. (Harvey)

Insidious (1:42) 1000 Van Ness.

*Jane Eyre Do we really need another adaptation of Jane Eyre? As long as they’re all as good as Cary Fukunaga’s stirring take on the gothic romance, keep ’em coming. Mia Wasikowska stars in the titular role, with the dreamy Michael Fassbender stepping into the high pants of Edward Rochester. The cast is rounded out by familiar faces like Judi Dench, Jamie Bell, and Sally Hawkins — all of whom breathe new life into the material. It helps that Fukunaga’s sensibilities are perfectly suited to the story: he stays true to the novel while maintaining an aesthetic certain to appeal to a modern audience. Even if you know Jane Eyre’s story — Mr. Rochester’s dark secret, the fate of their romance, etc. — there are still surprises to be had. Everyone tells the classics differently, and this adaptation is a thoroughly unique experience. And here’s hoping it pushes the engaging Wasikowska further in her ascent to stardom. (2:00) Albany, Embarcadero, Piedmont, Presidio. (Peitzman)

Kill the Irishman If you enjoy 1970s-set Mafia movies featuring characters with luxurious facial hair zooming around in Cadillacs, flossing leather blazers, and outwitting cops and each other — you could do a lot worse than Kill the Irishman, which busts no genre boundaries but delivers enjoyable retro-gangsta cool nonetheless. Adapted from the acclaimed true crime book by a former Cleveland police lieutenant, the film details the rise and fall of Danny Greene, a colorful and notorious Irish-American mobster who both served and ran afoul of the big bosses in his Ohio hometown. During one particularly conflict-ridden period, the city weathered nearly 40 bombings — buildings, mailboxes, and mostly cars, to the point where the number of automobiles going sky-high is almost comical (you’d think these guys would’ve considered taking the bus). The director of the 2004 Punisher, Jonathan Hensleigh, teams up with the star of 2008’s Punisher: War Zone, Ray Stevenson, who turns in a magnetic performance as Greene; it’s easy to see how his combination of book- and street smarts (with a healthy dash of ruthlessness) buoyed him nearly to the top of the underworld. The rest of the cast is equally impressive, with Vincent D’Onofrio, Val Kilmer, Christopher Walken, and Linda Cardellini turning in supporting roles, plus a host of dudes who look freshly defrosted from post-Sopranos storage. (1:46) Opera Plaza. (Eddy)

The King’s Speech Films like The King’s Speech have filled a certain notion of “prestige” cinema since the 1910s: historical themes, fully-clothed romance, high dramatics, star turns, a little political intrigue, sumptuous dress, and a vicarious taste of how the fabulously rich, famous, and powerful once lived. At its best, this so-called Masterpiece Theatre moviemaking can transcend formula — at its less-than-best, however, these movies sell complacency, in both style and content. In The King’s Speech, Colin Firth plays King George VI, forced onto the throne his favored older brother Edward abandoned. This was especially traumatic because George’s severe stammer made public address tortuous. Enter matey Australian émigré Lionel Logue (Geoffrey Rush, mercifully controlled), a speech therapist whose unconventional methods include insisting his royal client treat him as an equal. This ultimately frees not only the king’s tongue, but his heart — you see, he’s never had anyone before to confide in that daddy (Michael Gambon as George V) didn’t love him enough. Aww. David Seidler’s conventionally inspirational script and BBC miniseries veteran Tom Hooper’s direction deliver the expected goods — dignity on wry, wee orgasms of aesthetic tastefulness, much stiff-upper-lippage — at a stately promenade pace. Firth, so good in the uneven A Single Man last year, is perfect in this rock-steadier vehicle. Yet he never surprises us; role, actor, and movie are on a leash tight enough to limit airflow. (1:58) Shattuck. (Harvey)

*Limitless An open letter to the makers of Limitless: please fire your marketing team because they are making your movie look terrible. The story of a deadbeat writer (Bradley Cooper) who acquires an unregulated drug that allows him to take advantage of 100 percent of his previously under-utilized brain, Limitless is silly, improbable and features a number of distracting comic-book-esque stylistic tics. But consumed with the comic book in mind, Limitless is also unpredictable, thrilling, and darkly funny. The aforementioned style, which includes many instances of the infinite regression effect that you get when you point two mirrors at each other, and a heavy blur to distort depth-of-field, only solidifies the film’s cartoonish intentions. Cooper learns foreign languages in hours, impresses women with his keen attention to detail, and sets his sights on Wall Street, a move that gets him noticed by businessman Carl Van Loon (Robert DeNiro in a glorified cameo) as well as some rather nasty drug dealers and hired guns looking to cash in on the drug. Limitless is regrettably titled and masquerades in TV spots as a Wall Street series spin-off, but in truth it sports the speedy pacing and tongue-in-cheek humor required of a good popcorn flick. (1:37) California, Four Star, 1000 Van Ness, SF Center. (Galvin)

*The Lincoln Lawyer Outfitted with gym’d-tanned-and-laundered manly blonde bombshells like Matthew McConaughey, Josh Lucas, and Ryan Phillippe, this adaptation of Michael Connelly’s LA crime novel almost cries out for an appearance by the Limitless Bradley Cooper — only then will our cabal of flaxen-haired bros-from-other-‘hos be complete. That said, Lincoln Lawyer‘s blast of morally challenged golden boys nearly detracts from the pleasingly gritty mise-en-scène and the snappy, almost-screwball dialogue that makes this movie a genre pleasure akin to a solid Elmore Leonard read. McConaughey’s criminal defense attorney Mickey Haller is accustomed to working all the angles — hence the title, a reference to a client who’s working off his debt by chauffeuring Haller around in his de-facto office: a Lincoln Town Car. Haller’s playa gets truly played when he becomes entangled with Louis Roulet (Phillippe), a pretty-boy old-money realtor accused of brutally attacking a call girl. Loved ones such as Haller’s ex Maggie (Marisa Tomei) and his investigator Frank (William H. Macy) are in jeopardy — and in danger of turning in some delightfully textured cameos — in this enjoyable walk on the sleazy side of the law, the contemporary courtroom counterpart to quick-witted potboilers like Sweet Smell of Success (1957). (1:59) Four Star, 1000 Van Ness. (Chun)

Miral (1:42) California.

*Of Gods and Men It’s the mid-1990s, and we’re in Tibhirine, a small Algerian village based around a Trappist monastery. There, eight French-born monks pray and work alongside their Muslim neighbors, tending to the sick and tilling the land. An emboldened Islamist rebel movement threatens this delicate peace, and the monks must decide whether to risk the danger of becoming pawns in the Algerian Civil War. On paper, Of Gods and Men sounds like the sort of high-minded exploitation picture the Academy swoons over: based on a true story, with high marks for timeliness and authenticity. What a pleasant surprise then that Xavier Beauvois’s Cannes Grand Prix winner turns out to be such a tightly focused moral drama. Significantly, the film is more concerned with the power vacuum left by colonialism than a “clash of civilizations.” When Brother Christian (Lambert Wilson) turns away an Islamist commander by appealing to their overlapping scriptures, it’s at the cost of the Algerian army’s suspicion. Etienne Comar’s perceptive script does not rush to assign meaning to the monks’ decision to stay in Tibhirine, but rather works to imagine the foundation and struggle for their eventual consensus. Beauvois occasionally lapses into telegraphing the monks’ grave dilemma — there are far too many shots of Christian looking up to the heavens — but at other points he’s brilliant in staging the living complexity of Tibrihine’s collective structure of responsibility. The actors do a fine job too: it’s primarily thanks to them that by the end of the film each of the monks seems a sharply defined conscience. (2:00) Albany, Opera Plaza. (Goldberg)

*Poetry Sixtysomething Mija (legendary South Korean actor Yun Jung-hee) impulsively crashes a poetry class, a welcome shake-up in a life shaped by unfulfilling routines. In order to write compelling verse, her instructor says, it is important to open up and really see the world. But Mija’s world holds little beauty beyond her cheerful outfits and beloved flowers; most pressingly, her teenage grandson, a mouth-breathing lump who lives with her, is completely remorseless about his participation in a hideous crime. In addition, she’s just been disgnosed with the early stages of Alzheimer’s, and the elderly stroke victim she housekeeps for has started making inappropriate advances. Somehow writer-director Lee Chang-dong (2007’s Secret Sunshine) manages not to deliver a totally depressing film with all this loaded material; it’s worth noting Poetry won the Best Screenplay Award at the 2010 Cannes Film Festival. Yun is unforgettable as a woman trying to find herself after a lifetime of obeying the wishes of everyone around her. Though Poetry is completely different in tone than 2009’s Mother, it shares certain elements — including the impression that South Korean filmmakers have recognized the considerable rewards of showcasing aging (yet still formidable) female performers. (2:19) Shattuck, Smith Rafael. (Eddy)

Potiche When we first meet Catherine Deneuve’s Suzanne — the titular trophy wife (or potiche) of Francois Ozon’s new airspun comedy — she is on her morning jog, barely breaking a sweat as she huffs and puffs in her maroon Adidas tracksuit, her hair still in curlers. It’s 1977 and Suzanne’s life as a bourgeois homemaker in a small provincial French town has played out as smoothly as one of her many poly-blend skirt suits: a devoted mother to two grown children and loving wife who turns a blind eye to the philandering of husband Robert (Fabrice Luchini), Suzanne is on the fast track to comfortable irrelevance. All that changes when the workers at Robert’s umbrella factory strike and take him hostage. Suzanne, with the help of union leader and old flame Babin (Gerard Depardieu, as big as a house), negotiates a peace, and soon turns around the company’s fortunes with her new-found confidence and business savvy. But when Robert wrests back control with the help of a duped Babin, Suzanne does an Elle Woods and takes them both on in a surprise run for political office. True to the film’s light théâtre de boulevard source material, Ozon keeps things brisk and cheeky (Suzanne sings with as much ease as she spouts off Women’s Lib boilerplate) to the point where his cast’s hammy performances start blending into the cheery production design. Satire needs an edge that Potiche, for all its charm, never provides. (1:43) Clay, Shattuck, Smith Rafael. (Sussman)

Rio (1:32) 1000 Van Ness, Presidio, SF Center.

Scre4m Back in 1996, Wes Craven’s Scream revitalized the slasher genre with a script (by Kevin Williamson) that poked fun at horror clichés while still delivering genuine scares. The sequels offered diminishing returns on this once-clever formula; Scream 4 arrives 11 years past Scream 3, presumably hoping to work that old self-referential yet gory magic on a new crop of filmgoers. But Craven and Williamson’s hall-of-mirrors creation (more self-satisfied than self-referential, scrambling to anticipate a cynical audience member’s every second-guess) is barely more than than a continuation of something that was already tired in 2000, albeit with iPhone and web cam gags pasted in for currency’s sake. Eternal Ghostface target Sidney Prescott (Neve Campbell) returns to her hometown to promote what’s apparently a woo-woo self-help book (Mad Men‘s Alison Brie, as Sidney’s bitchy-perky publicist, steals every scene she’s in); still haunting Woodsboro are Dewey (David Arquette), now the sheriff, and Gale (Courteney Cox), a crime author with writer’s block. When the Munch-faced one starts offing high school kids, local movie nerds (Rory Culkin, Hayden Panettiere) and nubile types (Emma Roberts, Hayden Panettiere) react by screening all seven Stab films, inspired by the “real-life” Woodsboro murders, and spouting off about the rules, or lack thereof in the 21st century, of horror sequels. If that sounds mega-meta exhausting, it is. And, truth be told, not very scary. (1:51) 1000 Van Ness. (Eddy)

Some Days Are Better Than Others First-time director Matt McCormick doesn’t break any new stylistic or thematic ground with his ensemble drama, but Some Days Are Better Than Others does boast an interesting bit of stunt casting. Indie rock fans will recognize the Shins’ James Mercer as mopey Eli, who drifts between temp jobs trying to earn enough money to go back to school because he hates working so much; fellow musician Carrie Brownstein appears as Katrina, a recently-dumped, reality TV-obsessed dog-shelter worker; her character is the kind of emo thrift-shopper that Portlandia would had no trouble poking fun at. Other points on this sad-sack square are a lonely woman ((Renee Roman Nose) who finds an erstwhile cremation urn, and an elderly man (David Wodehouse) obsessed with the kaleidoscope-like patterns he captures while filming soap bubbles. Moments of wry humor (Katrina checks messages at “mumblemail.net”) and some Ghost World-ish jabs at mainstream go-getters (including a moving-company douchebag who hires Eli to help clean out a recently-deceased woman’s house) keep Some Days from being a total downer, but be warned: this is one melancholy movie. Shins fans will enjoy the scene where Eli, alone in his room, rehearses for a yearned-for karaoke date with a Bonnie Tyler classic. (1:33) Roxie. (Eddy)

Soul Surfer (1:46) 1000 Van Ness, SF Center.

*Source Code A post-9/11 Groundhog Day (1993) with explosions, Inception (2010) with a heart, or Avatar (2009) taken down a notch or dozen in Chicago —whatever you choose to call it, Source Code manages to stand up on its own wobbly Philip K. Dick-inspired legs, damn the science, and take off on the wings of wish fulfillment. ‘Cause who hasn’t yearned for a do-over — and then a do-over of that do-over, etc. We could all be as lucky — or as cursed — as soldier Colter Stevens (Jake Gyllenhaal), who gets to tumble down that time-space rabbit hole again and again, his consciousness hitching a ride in another man’s body, while in search of the bomber of a Chicago commuter train. On the upside, he gets to meet the girl of his dreams (Michelle Monaghan) — and see her getting blown to smithereens again and again, all in the service of his country, his commander-cum-link to the outside world (Vera Farmiga), and the scientist masterminding this secret military project (Jeffrey Wright). On the downside, well, he gets to do it over and over again, like a good little test bunny in pinball purgatory. Fortunately, director Duncan Jones (2009’s Moon) makes compelling work out of the potentially ludicrous material, while his cast lends the tale a glossed yet likable humanity, the kind that was all too absent in Inception. (1:33) Balboa, Marina, 1000 Van Ness. (Chun)

*Win Win Is Tom McCarthy the most versatile guy in Hollywood? He’s a successful character actor (in big-budget movies like 2009’s 2012; smaller-scale pictures like 2005’s Good Night, and Good Luck; and the final season of The Wire). He’s an Oscar-nominated screenwriter (2009’s Up). And he’s the writer-director of two highly acclaimed indie dramas, The Station Agent (2003) and The Visitor (2007). Clearly, McCarthy must not sleep much. His latest, Win Win, is a comedy set in his hometown of New Providence, N.J. Paul Giamatti stars as Mike Flaherty, a lawyer who’s feeling the economic pinch. Betraying his own basic good-guy-ness, he takes advantage of a senile client, Leo (Burt Young), when he spots the opportunity to pull in some badly-needed extra cash. Matters complicate with the appearance of Leo’s grandson, Kyle (newcomer Alex Shaffer), a runaway from Ohio. Though Mike’s wife, Jackie (Amy Ryan), is suspicious of the taciturn teen, she allows Kyle to crash with the Flaherty family. As luck would have it, Kyle is a superstar wrestler — and Mike happens to coach the local high school team. Things are going well until Kyle’s greedy mother (Melanie Lynskey) turns up and starts sniffing around her father’s finances. Lessons are learned, sure, and there are no big plot twists beyond typical indie-comedy turf. But the script delivers more genuine laughs than you’d expect from a movie that’s essentially about the recession. (1:46) Bridge, California, Piedmont. (Eddy)

Your Highness One of the dangers of reviewing a film like Your Highness is that stoner comedies have a very specific intended audience. A particular altered state is recommended to maximize one’s enjoyment. I tend not to show up for professional gigs with Mary Jane as my plus-one, so I had to view the latest from Pineapple Express (2008) director David Gordon Green through un-bloodshot eyes. While Express was more explicitly ganja-themed, Your Highness is instead a comedy that approximates the experience of getting as high as possible, then going directly to Medieval Times. Never gut-bustingly funny, Your Highness still reaps chuckles from its hard-R dialogue and plenty of CG-assisted sight gags involving genetalia. James Franco and Danny McBride star as princes, one heroic and one ne’er-do-well, who quest to save a maiden kidnapped by an evil wizard (Justin Theroux). Natalie Portman turns up as a thong-wearing warrior, just ’cause it’s that kind of movie. Forget the box office; only time and the tastes of late-night movie watchers will dictate whether Your Highness is a success or a bust. Case in point: nobody thought much of Half Baked (1998) when it was released, but in certain circles, it’s become a bona fide classic. Say it with me now: “Fuck you, fuck you, fuck you, you’re cool, and fuck you. I’m out!” (1:42) 1000 Van Ness, SF Center. (Eddy) 

 

The Treasure Island nightmare

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There are times when people like me, who think development should be driven by public needs, not private profit, are in something of a bind. I don’t like the Lennar plan for Bayview Hunters Point — but I agree that doing nothing isn’t a very good alternative. Sometimes, the “no-project” alternative isn’t an alternative at all — which gives the developers a huge hand up in negotiations with the city. Gee, you want affordable housing? We can give you 15 percent — or we can walk away and you’ll get nothing.


But when it comes to Treasure Island, I think we’re in a different situation. The proposed development is so out of whack, so looney, that it makes no sense to me — and the alternative of doing nothing, at least for now, isn’t so bad at all.


The plan calls for 19,000 new residents on the 403-acre artificial island in the Bay. At most, 25 percent of the units would be below-market. Which means some 13,700 rich people, virtually all of them with jobs in San Francisco, the Peninsula or the East Bay, would be plunked into a place with no viable transportation alternatives.


I wonder if any of these planners have ever tried to leave TI by car; it’s a nightmare. And there’s no way to fix it: Even if they build a new acceleration ramp (the current stop-and-go into 60-mile-an-hour traffic is a death trap), the Bay Bridge is already at full capacity during a very long rush hour in the morning and evening. And does anybody really think those 13,700 people will all take the ferry to work every day?


Impossible: There’s no way to provide enough ferry service for that population at anything resemble the cost the developers are willing to pay. How about all the Google and Yahoo and Genentech employees (and that’s a big part of the population buying new high-end condos in San Francisco)? You think they’re all going to take a ferry to downtown SF then hop on a bus or train then take another bus to the office? Not these folks. A lot of them will want to drive.


And the bridge, which is already backed up, will back up further, driving more traffic onto the streets of SOMA and creating a slowdown all the way back to Berkeley.


Meanwhile, the island is sinking, and water levels are rising. Forget the fancy engineering plans to sink stone columns deep into the clay under the Bay; what happens when the water rises? Are we going to surround the entire place with seawalls?


And here’s the bottom line: The current situation isn’t all that awful. There’s a small amount of housing out there, some of it affordable. There’s lots of open space. A little effort and the playing fields and parkland could be upgraded and TI could, for the intermediate term, be a day-use area for the city. Not a terrible alternative.


At some point, either the island’s going to sink back into the Bay or it’s going to have to be completely redeveloped. But right now, with no public money available, we’re at the whims of private developers. And what they’re offering doesn’t even remotely meed the city’s needs — and will create a catastrophic transportation problem.


So the supervisors are in a great position to negotiate. We want 50 percent affordable housing, we want the developer to pay for substantially increased bus and ferry service (or maybe we want to add a rail line to the Bay Bridge). And if that’s not something the developers want to do, fine: we’ll wait. Nothing wrong with that.


 


 

alt.sex.column: Not the gerbil!

0

Dear Andrea:

I was wondering, is gerbil-stuffing for real, or just made up?

Love,

Hadda Ask

Dear Hadda:

I’ve been expecting this question and am willing to accept it as a sort of occupational hazard. Anal insertion of gerbils occurs exactly as often as tripping baby-sitters tuck the turkey into the crib and the baby into the oven. In the interest of science, I ran this by Dr. Marc Nelson of Stanford, who’s worked in ERs for 16 years, and has been looking. And? Many rumors, no gerbils. This is the man who actually saw the patient with a gut-full of Barbie heads, so you just have to take his word on it. Let’s look at this realistically: Why, exactly, would anyone stick a suffocated, duct-taped rodent up his butt? I can only imagine a sort of credulous half-wit, driven to try it by repeated exposure to this question through constant perusal of sex-advice columns. I sure hope I’m wrong. Now, may we never speak of this again.

Love,

Andrea

Dear Andrea,

I need good, detailed advice to improve my blow jobs. I know the basics. I need “tips”.

Love,

Teach me

Dear TM,

I’m not so sure about those “tips,” hon. Men tend to want the whole thing. In order to avoid gagging on the whole thing, I suggest wrapping a slippery paw around the base, which will not only serve to shorten the shaft, but will put control of angle and thrust firmly in your own hand(s).

Now that we’ve established that hands-free operation is not the only, or even the best, approach, what’s next? How about variety? Changing tempo, depth, and degree of pressure as you go will avoid the dreaded “snore job,” and its attendant blow to your ego. You can squeeze and swivel that hand up, down, and around. Stop, tease, breath, even a little bite or two may be appreciated. Think of it as jazz — get the melody down, then improvise.

Your tongue may be your strongest muscle; it can also be the gentlest. And do remember — you may touch, stroke, or kiss whatever you can reach from your present position take breaks to attend to other parts.

All this variation, all these clever, playful moves, may make him thrash, moan, and propose marriage, but will also cause eventual, intense frustration. Somewhere in there, you will have hit on exactly “the move” he requires.

Love,

Andrea

 

The failed experiment

27

news@sfbg.com

For three decades we have conducted a massive economic experiment, testing a theory known as supply-side economics. The theory goes like this: Lower tax rates will encourage more investment, which in turn will mean more jobs and greater prosperity — so much so that tax revenues will go up, despite lower rates.

The late Milton Friedman, the libertarian economist who wanted to shut down public parks because he considered them socialism, promoted this strategy. Ronald Reagan embraced Friedman’s ideas and made them into policy when he was elected president in 1980.

For the past decade, we have doubled down on this theory of supply-side economics with the tax cuts sponsored by President George W. Bush in 2001 and 2003, which President Barack Obama has agreed to continue for two years.

You would think that whether this grand experiment worked would be settled after three decades. You would think the practitioners of the dismal science of economics would look at their demand curves and the data on incomes and taxes and pronounce a verdict, the way Galileo and Copernicus did when they showed that geocentrism was a fantasy because the Earth revolves around the sun (known as heliocentrism). But economics is not like that. It is not like physics with its laws and arithmetic with its absolute values.

Tax policy is something the framers of the Constitution left to politics. And in politics, the facts often matter less then who has the biggest bullhorn.

The Mad Men who once ran campaigns featuring doctors extolling the health benefits of smoking are now busy marketing the dogma that tax cuts mean broad prosperity, no matter what the facts show.

As millions of Americans prepare to file their annual taxes, they do so in an environment of media-perpetuated tax myths. Here are a few points about taxes and the economy that you may not know, to consider as you prepare to file your taxes. (All figures are inflation adjusted.)

1. Poor Americans do pay taxes.

Gretchen Carlson, the Fox News host, said last year “47 percent of Americans don’t pay any taxes.” John McCain and Sarah Palin both said similar things during the 2008 campaign about the bottom half of Americans.

Ari Fleischer, the former Bush White House spokesman, once said “50 percent of the country gets benefits without paying for them.”

Actually, they pay lots of taxes — just not lots of federal income taxes.

Data from the Tax Foundation shows that in 2008, the average income for the bottom half of taxpayers was $15,300.

This year the first $9,350 of income is exempt from taxes for singles and $18,700 for married couples, just slightly more than in 2008. That means millions of the poor do not make enough to owe income taxes.

But they still pay plenty of other taxes, including federal payroll taxes. Between gas taxes, sales taxes, utility taxes and other taxes, no one lives tax free in America.

When it comes to state and local taxes, the poor bear a heavier burden than the rich in every state except Vermont, the Institute on Taxation and Economic Policy calculated from official data. In Alabama, for example, the burden on the poor is more than twice that of the top 1 percent. The one-fifth of Alabama families making less than $13,000 pay almost 11 percent of their income in state and local taxes, compared with less than 4 percent for those who make $229,000 or more.

2. The wealthiest Americans don’t carry the burden.

This is one of those oft-used canards. Senator Rand Paul, the tea party favorite from Kentucky, told David Letterman recently that “the wealthy do pay most of the taxes in this country.”

The Internet is awash with statements that the top 1 percent pays, depending on the year, 38 percent or more than 40 percent of taxes.

It’s true that the top 1 percent of wage earners paid 38 percent of the federal income taxes in 2008 (the most recent year for which data is available). But people forget that the income tax is less than half of federal taxes and only one-fifth of taxes at all levels of government.

Social Security, Medicare, and unemployment insurance taxes (known as payroll taxes) are paid mostly by the bottom 90 percent of wage earners. That’s because, once you reach $106,800 of income, you pay no more for Social Security, though the much smaller Medicare tax applies to all wages. Warren Buffett pays the exact same amount of Social Security taxes as someone who earns $106,800.

3. In fact, the wealthy are paying less taxes.

The Internal Revenue Service issues an annual report on the 400 highest income-tax payers. In 1961, there were 398 taxpayers who made $1 million or more, so I compared their income tax burdens from that year to 2007.

Despite skyrocketing incomes, the federal tax burden on the richest 400 has been slashed, thanks for a variety of loopholes, allowable deductions and other tools. The actual share of their income paid in taxes, according to the IRS, is 16.6 percent. Adding payroll taxes barely nudges that number.

Compare that to the vast majority of Americans, whose share of their income going to federal taxes increased from 13.1 percent in 1961 to 22.5 percent in 2007.

(By the way, during seven of the eight Bush years, the IRS report on the top 400 taxpayers was labeled a state secret, a policy that the Obama overturned almost instantly after his inauguration.)

4. Many of the very richest pay no current income taxes at all.

John Paulson, the most successful hedge fund manager of all, bet against the mortgage market one year and then bet with Glenn Beck in the gold market the next. Paulson made himself $9 billion in fees in just two years. His current tax bill on that $9 billion? Zero.

Congress lets hedge fund managers earn all they can now and pay their taxes years from now.

In 2007, Congress debated whether hedge fund managers should pay the top tax rate that applies to wages, bonuses and other compensation for their labors, which is 35 percent. That tax rate starts at about $300,000 of taxable income; not even pocket change to Paulson, but almost 12 years of gross pay to the median-wage worker.

The Republicans and a key Democrat, Sen. Charles Schumer of New York, fought to keep the tax rate on hedge fund managers at 15 percent, arguing that the profits from hedge funds should be considered capital gains, not ordinary income, which got a lot of attention in the news.

What the news media missed is that hedge fund managers don’t even pay 15 percent. At least, not currently. So long as they leave their money, known as “carried interest,” in the hedge fund, their taxes are deferred. They only pay taxes when they cash out, which could be decades from now for younger managers. How do these hedge fund managers get money in the meantime? By borrowing against the carried interest, often at absurdly low rates — currently about 2 percent.

Lots of other people live tax-free, too. I have Donald Trump’s tax records for four years early in his career. He paid no taxes for two of those years. Big real-estate investors enjoy tax-free living under a 1993 law President Clinton signed. It lets “professional” real-estate investors use paper losses like depreciation on their buildings against any cash income, even if they end up with negative incomes like Trump.

Frank and Jamie McCourt, who own the Los Angeles Dodgers, have not paid any income taxes since at least 2004, their divorce case revealed. Yet they spent $45 million one year alone. How? They just borrowed against Dodger ticket revenue and other assets. To the IRS, they look like paupers.

In Wisconsin, Terrence Wall, who unsuccessfully sought the Republican nomination for U.S. Senate in 2010, paid no income taxes on as much as $14 million of recent income, his disclosure forms showed. Asked about his living tax-free while working people pay taxes, he had a simple response: everyone should pay less.

5. And (surprise!) since Reagan , only the wealthy have gained significant income.

The Heritage Foundation, the Cato Institute, and similar conservative marketing organizations tell us relentlessly that lower tax rates will make us all better off.

“When tax rates are reduced, the economy’s growth rate improves and living standards increase,” according to Daniel J. Mitchell, an economist at Heritage until he joined Cato. He says that supply-side economics is “the simple notion that lower tax rates will boost work, saving, investment, and entrepreneurship.”

When Reagan was elected president, the marginal tax rate for income was 70 percent. He cut it to 50 percent and then 28 percent starting in 1987. It was raised by George H.W. Bush and Clinton and then cut by George W. Bush. The top rate is now 35 percent.

Since 1980, when President Reagan won election promising prosperity through tax cuts, the average income of the vast majority — the bottom 90 percent of Americans — has increased a meager $303, or 1 percent. Put another way, for each dollar people in the vast majority made in 1980, in 2008 their income was up to $1.01.

Those at the top did better. The top 1 percent’s average income more than doubled to $1.1 million, according to an analysis of tax data by economists Thomas Piketty and Emmanuel Saez. The really rich, the top 10th of 1 percent, each enjoyed almost $4 in 2008 for each dollar in 1980.

The top 300,000 Americans now enjoy almost as much income as the bottom 150 million, the data show.

6. When it comes to corporations, the story is much the same — less taxes.

Corporate profits in 2008, the latest year for which data is available, were $1.8 billion, up almost 12 percent from $1.6 billion in 2000. Yet even though corporate tax rates have not been cut, corporate income-tax revenues fell to $230 billion from $249 billion — an 8 percent decline, thanks to a number of loopholes. The official 2010 profit numbers are not added up and released by the government, but the amount paid in corporate taxes is: in 2010 they fell further, to $191 billion — a decline of more than 23 percent compared with 2000.

7. Some corporate tax breaks destroy jobs.

Despite all the noise that America has the world’s second highest corporate tax rate, the actual taxes paid by corporations are falling because of the growing number of loopholes and companies shifting profits to tax havens like the Cayman Islands.

And right now America’s corporations are sitting on close to $2 trillion in cash that is not being used to build factories, create jobs or anything else, but act as an insurance policy for managers unwilling to take the risk of actually building the businesses they are paid so well to run. That cash hoard, by the way, works out to nearly $13,000 per taxpaying household.

A corporate tax rate that is too low actually destroys jobs. That’s because a higher tax rate encourages businesses (who don’t want to pay taxes) to keep the profits in the business and reinvest, rather than pull them out as profits and have to pay high taxes.

The 2004 American Jobs Creation Act, which passed with bipartisan support, allowed more than 800 companies to bring profits that were untaxed but overseas back to the United States. Instead of paying the usual 35 percent tax, the companies paid just 5.25 percent.

The companies said bringing the money home — “repatriating” it, they called it — would mean lots of jobs. Sen. John Ensign, the Nevada Republican, put the figure at 660,000 new jobs.

Pfizer, the drug company, was the biggest beneficiary. It brought home $37 billion, saving $11 billion in taxes. Almost immediately it started firing people. Since the law took effect, it has let 40,000 workers go. In all, it appears that at least 100,000 jobs were destroyed.

Now Congressional Republicans and some Democrats are gearing up again to pass another tax holiday, promoting a new Jobs Creation Act. It would affect 10 times as much money as the 2004 law.

8. Republicans like taxes too.

President Reagan signed into law 11 tax increases, targeted at people down the income ladder. His administration and the Washington press corps called the increases “revenue enhancers.” Among other things, Reagan hiked Social Security taxes so high that by the end of 2008, the government had collected more than $2 trillion in surplus tax.

George W. Bush signed a tax increase, too, in 2006, despite his written ironclad pledge to never raise taxes on anyone. It raised taxes on teenagers by requiring kids up to age 17, who earned money, to pay taxes at their parents’ tax rate, which would almost always be higher than the rate they would otherwise pay. It was a story that ran buried inside The New York Times one Sunday, but nowhere else.

In fact, thanks to Republicans, one in three Americans will pay higher taxes this year than they did last year.

First, some history. In 2009, President Obama pushed his own tax cut—for the working class. He persuaded Congress to enact the Making Work Pay Tax Credit. Over the two years 2009 and 2010, it saved single workers up to $800 and married heterosexual couples up to $1,600, even if only one spouse worked. The top 5 percent or so of taxpayers were denied this tax break.

The Obama administration called it “the biggest middle-class tax cut” ever. Yet last December the Republicans, poised to regain control of the House of Representatives, killed Obama’s Making Work Pay Credit while extending the Bush tax cuts for two more years — a policy Obama agreed to.

By doing so, Congressional Republican leaders increased taxes on a third of Americans, virtually all of them the working poor, this year.

As a result, of the 155 million households in the tax system, 51 million will pay an average of $129 more this year. That is $6.6 billion in higher taxes for the working poor, the nonpartisan Tax Policy Center estimated.

In addition, the Republicans changed the rate of workers’ FICA contributions, which finances half of Social Security. The result:

If you are single and make less than $20,000, or married and less than $40,000, you lose under this plan.

But the top 5 percent, people who make more than $106,800, will save $2,136 ($4,272 for two-career couples).

9. Other countries do it better.

We measure our economic progress, and our elected leaders debate tax policy, in terms of a crude measure known as gross domestic product. The way the official statistics are put together, each dollar spent buying solar energy equipment counts the same as each dollar spent investigating murders.

We do not give any measure of value to time spent rearing children or growing our own vegetables or to time off for leisure and community service.

And we do not measure the economic damage done by shocks, such as losing a job, which means not only loss of income and depletion of savings, but loss of health insurance, which a Harvard Medical School study found results in 45,000 unnecessary deaths each year

Compare this to Germany, one of many countries with a smarter tax system and smarter spending policies.

Germans work less, make more per hour and get much better parental leave than Americans, many of whom get no fringe benefits such as health care, pensions or even a retirement savings plan. By many measures the vast majority live better in Germany than in America.

To achieve this, single German workers on average pay 52 percent of their income in taxes. Americans average 30 percent, according to the Organizations for Economic Cooperation and Development.

At first blush, the German tax burden seems horrendous. But in Germany (as well as Britain, France, Scandinavia, Canada, Australia, and Japan), tax-supported institutions provide many of the things Americans pay for with after-tax dollars. Buying wholesale rather than retail saves money.

A proper comparison would take the 30 percent average tax on American workers and add their out-of-pocket spending on health care, college tuition, and fees for services and compare that with taxes that the average German pays. Add it all up and the combination of tax and personal spending is roughly equal in both countries, but with a large risk of catastrophic loss in America, and a tiny risk in Germany.

Americans take on $85 billion of debt each year for higher education, while college is financed by taxes in Germany and tuition is cheap to free in other modern countries. While soaring medical costs are a key reason that since 1980 bankruptcy in America has increased 15 times faster than population growth, no one in Germany or the rest of the modern world goes broke because of accident or illness. And child poverty in America is the highest among modern countries — almost twice the rate in Germany, which is close to the average of modern countries.

On the corporate tax side, the Germans encourage reinvestment at home and the outsourcing of low-value work, like auto assembly, and German rules tightly control accounting so that profits earned at home cannot be made to appear as profits earned in tax havens.

Adopting the German system is not the answer for America. But crafting a tax system that benefits the vast majority, reduces risks, provides universal health care and focuses on diplomacy rather than militarism abroad (and at home) would be a lot smarter than what we have now.

Here is a question to ask yourself: We started down this road with Reagan’s election in 1980 and upped the ante in this century with George W. Bush.

How long does it take to conclude that a policy has failed to fulfill its promises? And as you think of that, keep in mind George Washington. When he fell ill his doctors followed the common wisdom of the era. They cut him and bled him to remove bad blood. As Washington’s condition grew worse, they bled him more. And like the mantra of tax cuts for the rich, they kept applying the same treatment until they killed him.

Luckily we don’t bleed the sick anymore, but we are bleeding our government to death.

 

ABOUT THE AUTHOR:

David Cay Johnston is a columnist for tax.com and teaches the tax, property, and regulatory law of the ancient world at Syracuse University College of Law and Whitman School of Management. He has also been called the “de facto chief tax enforcement officer of the United States” because his reporting in The New York Times shut down many tax dodges and schemes, just two of them valued by Congress at $260 billion.

Johnston received a 2001 Pulitzer Prize for exposing tax loopholes and inequities. He wrote two bestsellers on taxes, Perfectly Legal and Free Lunch. Later this year David Cay Johnston will be out with a new book, The Fine Print, revealing how big business, with help from politicians, abuses plain English to rob you blind.

 

It’s not so easy building green

34

OPINION The Parkmerced project developers like to talk about how environmentally sound their plans are, but a harder look suggests otherwise.

At a March 29 hearing on the project, Green Pary member Eric Brooks presented graphic evidence of the environmental impacts of the destruction of the garden units and the landscape, and the proposed increase in parking on- site. As a transit-first city, it seems ludicrous to spend so much on below-grade parking. And regrading and replanting the entire site will allow toxins in the soil to become airborne.

Then there’s the question of whether the site is really “blighted,” as the developer claims — and whether so much housing needs to be torn down in the first place. Sup. Eric Mar questioned the issue of the deterioration of the existing units; he said he’d visited the site and noted that many units appear to be in fine shape.

I agree that the western side of town needs more density — but dumping that density disproportionately on one community seems to be a biased approach. Parkmerced is a renter community. Other areas dominated by homeowners seem to be off the table.

San Francisco should take a broader look at west-side zoning. That would include looking seriously at corridors with light-rail lines — Ocean Avenue, West Portal Avenue, Taraval Street, Geary Boulevard, Judah Street, and others — where some one-story buildings are far more deteriorated than the buildings at Parkmerced.

City officials should look at alternatives that allow other sites to be upzoned or allow owners to build on side sites. This would lessen the effects on one community by sharing the growing pains of a city limited on three sides by water.

We all want the projects, work, housing, jobs, and an expanded tax base for the city. But many of us question whether the current plan for Parkmerced does justice environmentally and sustainably when it ignores infill and preservation-based alternatives that could create more jobs and a better long-term green solution.

I have submitted a proposal to the Planning Commission that shows how to improve transit linkages, how infill housing can be done, and how the 11 towers at Parkmerced can be redesigned (the initial concept was to design new, pencil-thin replacement towers and structurally-reinforced new buildings). I suggest that more infill housing can be built by removing parking garages throughout the site — which would lessen displacement and allow a significant density increase.

Assurances by the developer should not placate the city or the supervisors. If the supervisors lean toward approval, they need to be reminded of the transit, sustainability, and open-space concerns of the project to ensure that the design is changed either through revisions of portions or the whole to make more clear the concerns that the project has been greenwashed to promote the developer’s interests.

Aaron Goodman is an architect and Bay Area native.

No cuts-only pension deal

5

EDITORIAL Mayor Ed Lee has released a draft set of proposals for pension reform, and union leaders continue to meet with financier Warren Hellman to try to craft an alternative. Meanwhile, Public Defender Jeff Adachi is narrowing his options and appears ready to move forward to put his own plan on the ballot.

Everyone involved claims to be interested in a compromise, in some proposal that would reduce the city’s burden of paying $350 million this year (and potentially as much as $790 million in five years) into the employee pension fund. We support that idea, too — there are plenty of necessary, progressive moves to fix the city’s pension system and free up more cash for local programs.

But so far, none of the proposals on the table include any new revenue sources — which means, in effect, that the mayor, Hellman, and Adachi all want city workers to bear the entire brunt of the impact of a Wall Street-driven recession. The message: only city employees should share the pain; the wealthiest San Franciscans and biggest, richest businesses don’t have to contribute at all.

It’s a dangerous part of the tax mythology that Pulitzer Prize-winning reporter David Cay Johnston discusses in his article in the Guardian this week. He notes that the argument in favor of tax cuts for the rich — that lower taxes will lead to more investment and thus more jobs — has been tested in this country for 30 years. And it hasn’t worked.

Most San Franciscans probably realize that. Most city officials vote for Democrats, opposed the Bush-era tax cuts on the rich, and argue for more federal aid to cities. This is a progressive town.

But when it comes to something as fundamental as local economic policy — who pays for city services and who gets the benefits — the story becomes completely different.

The mayor and eight of the 11 supervisors are celebrating a broad-based tax cut as a way to create jobs in the Tenderloin and mid-Market (although the evidence that tax cuts don’t create jobs is overwhelming). The mayor is looking at the equivalent of a cuts-only budget (although everyone at City Hall opposes the notion of a cuts-only budget in Sacramento). And while it’s almost certain that some sort of pension reform will be on the November ballot, none of the players involved in the negotiations have openly taken what seems to us to be the only logical position:

Pension reform has to be linked to tax reform — a commercial rent tax, a progressive gross receipts tax, a city income tax, an increase in the Pacific Gas and Electric Co. franchise fee or something else that hits those who can afford to pay. Otherwise, we can’t support it.

Even the city employee unions are being awfully quiet about the need for a deal that includes new taxes. They ought to be leading the charge here, telling everyone that a cuts-only pension deal isn’t going to be acceptable. (The tax measures could hold until the November 2012 budget, when they’ll be easier to pass — if there’s a firm assurance that the mayor, Hellman, Adachi, the supervisors, and all the other players will support them.)

City employees are being asked to take what amount to pay cuts — which will reduce their purchasing power and have a depressing impact on the local economy. Taxing the wealthy (who spend a much smaller percentage of their income) has no such depressing impact. Those are hard, cold facts. They need to be part of the discussion.

Robert Reich, the former labor secretary who now teaches at the University of California, Berkeley, has an interesting essay on his blog April 9 that discusses Obama’s budget capitulations. The president, he notes, “is losing the war of ideas because he won’t tell the American public the truth: that we need more government spending now — not less — in order to get out of the gravitational pull of the Great Recession. That we got into the Great Recession because Wall Street went bonkers and government failed to do its job at regulating financial markets … That the only ways to deal with the long-term budget problem is to demand that the rich pay their fair share of taxes.

“And that, at a deeper level, the increasingly lopsided distribution of income and wealth has robbed the vast working middle class of the purchasing power they need to keep the economy going at full capacity.”

That’s as true here as it is in Washington. And if city officials want progressive support for pension reform, they need to acknowledge it.