John Avalos

Analyzing the numbers

Zelda Bronstein
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Analyzing the numbers

I keep looking at the election numbers, trying to make sense of it all, and the more I look and count and add, the more a couple of things become clear:

1. The absentee vote wasn’t just about Ed Lee. Clearly, the Lee forces got their troops out and did an absentee drive, but the total absentee votes for mayor (62,446) were about the same as the total votes for district attorney (63,354) and most of the propositions.So the people who voted early voted the entrie ballot.

2. The election-day votes were so dramatically different from the absentees that several factors had to be at work. One of them was the phenomenal campaign for John Avalos, which moblized thousands of people and demonstrated how much of a force progressives can be. Keep in mind — Avalos, who had no independent expenditure groups and less money than many of the other candidates — actually came in first on election day. His team worked hard and smart and pulled off a near miracle.

3. The drop-off in support for Lee between the absentees and election day suggests that his popularity was, indeed, declining fast in the past few weeks. The voter fraud scandals had something to do with it, but so did the attacks on Lee by the Herrera and Yee campaigns and by IE groups supporting those two candidates. If Lee hadn’t been so far out in front a month ago, he might not have won. As it is, if he holds on, it won’t be with the kind of mandate he would like to claim.

When the Department of Elections runs the first pass at ranked-choice voting, we’ll get a better idea of how much Lee’s support has fallen; RCV won’t be such a big deal with the absentees since Lee got so many of those first-place votes. The election-day votes will be more telling; when Adachi, Yee and Chiu are eliminated, where do those seconds go? How many will go to Lee — and how many will go anywhere but?

Ed Lee’s absentee coup

Zelda Bronstein
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Ed Lee’s absentee coup

The most remarkable number in the election results was clear before a single election-day ballot was counted. The absentee ballots were released around 8:30 p.m., and they were stunning: Ed Lee has 26,621 votes. The nearest competitor, John Avalos, was at 7,080.

That’s right — Lee was almost 20,000 votes ahead before election day. And that turned out to be the margin of victory — Avalos actually got more votes than Lee from the people who voted Nov. 8.

The reason Lee is likely to be the next mayor is because — through a combination of traditonal hard work on identifying supporters and getting them to vote by mail and quite possibly some degree of illegal conduct — he had 26,000 votes in the bag long before the polls opened.

He was, of course, helped by the independent expenditure committees and by the fact that he had a natural base in Chinatown (and people on the ground there to get that base to vote). But none of the other campaigns managed to come close to that level of organizing. It’s something progressives have to keep in mind — elections in San Francisco are no longer won and lost on election day.

Ed Lee, Leland Yee and the progressive vote

Zelda Bronstein
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Ed Lee, Leland Yee and the progressive vote

A couple of months ago, I got into an argument with Enrique Pearce, who runs Left Coast Communications, the firm that set up Run Ed Run and ran one of the independent expenditure committes for Ed Lee. I told him that his firm was misnamed, that Lee was not a “left” candidate; he told me that Lee was the best bet for progressives because he was the “only candidate who could stop Leland Yee.”

Now: We can all argue forever about Yee’s progressive credentials (I’ve done that in detail here). But if Pearce was telling the truth, he was wrong, so wrong, and the numbers show it. Leland Yee came in fourth. Lee didn’t prevent Yee from becoming mayor; he prevented John Avalos or Dennis Herrera from becoming mayor. Very different story, Mr. Pearce.

Willie Brown and his rich friends were all ecstatic at his party at the Palace Hotel, and why not? They’re back in the game, back in charge at City Hall. And if Brown — who, by the way, engineered this whole thing in one of the most brilliant political moves in San Francisco history — is that happy, there’s a reason for it. The wealthy and powerful interests in San Francisco think Lee is going to do what they want. That’s why they’re celebrating his election.

I’m not trying to be a downer here — it’s still possible that the ranked-choice voting system will put Avalos in first. But it’s not at all likely. The only way that could happen: If the “anybody but Ed” vote was so strong on election day that virtually all of the second-place votes from Bevan Dufty, Jeff Adachi, Yee, David Chiu and Dennis Herrera went to Avalos. Possible, but don’t be on it.

The reality is we’re probably facing four years of Mayor Ed Lee, and I hope he proves me wrong and shows that he’s willing to stand up to the people who put him in power. Possible, but don’t be on it.

Avalos campaign revives the progressive movement

Sasha Cuttler
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As I walked into the John Avalos campaign party in Roccapulco around 11 pm, Sup. David Campos told me, “It’s the best party in town!” And he was right. The speeches were just getting underway on the stage and there was a palpable energy in the large crowd even though many of them had been out campaigning since early in the morning.
Avalos’ wife, veteran progressive organizer Karen Zapata, set the tone. First, she recognized Eric Quezada, the longtime housing rights activist who died in August, and the rest of the progressive leaders, such as Tom Ammiano and Chris Daly, who laid the foundation for a campaign that finished the night strongly in second place, less than 13 percentage points behind with voters’ second and third choices still to be tallied.
If Ed Lee hangs on to win, she said, “We could be screwed unless we work together and organize.” It was a theme and a feeling that would permeate the event, this sense that Avalos and the progressives are enjoying a resurgence in the last month thanks to what’s happening in the streets, both with this campaign and the OccupySF movement that Avalos has taken a lead role at City Hall in supporting.
“We have to stick together and we have to push from outside the system. We have to push John and we have to push everyone in the system,” Zapata said, firing up the young crowd as she introduced her husband.
Avalos praised the campaign for having so much heart and with filling his. “This has been a campaign of the people,” Avalos said, seeming genuinely touched by the energy in the room.
The progressive movement has been fighting for the soul of this city for a long time, he said, citing the anti-displacement movement that became a political force in 2000-01, a struggle that continues today with the latest tech boom. “In a way, we’re embracing change that is accelerating our displacement here in San Francisco,” Avalos said.
But he said people are waking up to the idea that the people need to stand up to the super rich and their political enablers. “The Occupy Wall Street movement is changing the consciousness of this country,” Avalos said, noting how it is echoing themes that progressive San Franciscans have been sounding for years. “Everyone is talking the same language we’ve been talking, because we’ve been talking about the 99 percent for a long time.”
But between that movement and this campaign, he said the battle was just beginning, praising the “new generation of leadership, that’s what this campaign is about. We’re going to take back this city one way or another!”
And he closed with a chant from the streets: “Whose city?” Avalos shouted, and the crowd roared back, “Our city!”

With 100 percent (sort of) counted …

Zelda Bronstein
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With 100 percent of the vote in — sort of — the election is shaping up this way:

Barring a real surprise, Ed Lee will win a four-year term.

Ross Mirkarimi is positioned 10 points ahead of Chris Cunnie, and ought to survive the RCV count to win the sheriff’s race.

George Gascon is too far ahead to catch.

The turnout was a miserable 31 percent.

That’s tonight, though — I’m getting reports that a lot of precincts had a lot of election-day absentees turned in. That could bump the turnout a few points — and since election-day absentees tend to break roughly the same as election-day votes, it will help Mirkarimi.

John Avalos really showed the strength of the progressive vote tonight and established himself as a leader in the movement. He and his campaign have a lot to be proud of; he lacked the big money and IE efforts that the other candidates had and he ran an impressive campaign. But without the type of early-voting effort that the Lee campaign had, it appears there was no way anyone could win this race.

That’s part of the lesson for progressives — the Avalos campaign surged in the last two weeks, but it was already too late. Those early votes can be decisive, and tonight, it appears they were.

 

 

 

93 percent of the votes are in

Zelda Bronstein
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And it doesn’t look good for anyone except Ed Lee.

John Avalos has done really well — he’s in solid second place, almost 10,000 votes ahead of Dennis Herrera, who is in third. But he’s also 15,000 votes behind Lee — and that margin is entirely the absentee vote. Lee was 20,000 votes ahead in the absentees; if Avalos had been able to stay close in the early-vote race, he’d be very competitive right now. But it’s going to be hard for him, or anyone else, to make up the vote difference.

Too early to tell for sure — there could be a strong “anyone but Ed” vote that shows up in the second-place selections. But it would have to be far stronger than the polls have shown so far.

It looks tonight as if Lee has a commanding lead. He did what he had to do — he had an effective absentee effort that got his votes out and in the bank. If he wins in the RCV calculation and become the next mayor, that will be the deciding factor.

The sheriff’s race is a very different story. It’s going to be close — but Mirkarimi is looking very strong. He’s not only in first place — he’s getting almost 50 percent of the election-day vote.

The DA’s race is tighening a bit — but Gascon is still 20 points ahead at 42 percent and needs only a few seconds from the other three to make it over the top.

 

 

Herrera and ranked-choice voting

Zelda Bronstein
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Dennis Herrera remains hopeful. “I want to see how the next round of votes goes,” he said.

But there was one thing that he was clear about: he does not like ranked choice voting. “I love the runoff system,” he said. “I have differences with candidates that need to be aired and it’s really hard to do it in a ranked-choice system.”

It is a point Herrera has made before. “I don’t like ranked choice voting and I never have, but I defended it all the way to the 9th Circuit [Court of Appeals in his role at City Attorney], but I think it’s bad policy,’ he said. Yet tonight, it was particularly stinging because he felt he could have beat Ed Lee in a head-to-head matchup.

At this point, though, it doesn’t look as if Herrea would have made a runoff anyway — John Avalos seems to be in a solid second place.

The first numbers

Zelda Bronstein
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The absentees are in, and it’s no surprise that Mayor Ed Lee is in the lead. In fact, he’s way in the lead — he’s got 39 percent of the 67,000 absentees. I expected him to have a big advantage here, since he did a lot of early GOTV.

Worth noting: John Avalos, the most progressive of the major candidates, is in second in the absentees. That’s a very good sign for the Avalos campaign. But Lee is almost 20,000 votes ahead of Avalos and Dennis Herrera, and that, folks, will be very hard to make up.

The district attorney’s race is over; George Gascon has won.

The sheriff’s race is interesting; Ross Mirkarimi — again, the most progressive candidate — is actually ahead in what is looking like a very conservative absentee vote. He’s only got a slight lead over Chris Cunnie (31.7 percent to 31.4 percent, a total of a couple hundred votes) but that margin will grow as the night moves on. Mirkarimi, it appears, will finish first.

Here’s why I say it’s a conservative absentee turnout: The sales tax, Prop G, is losing 57-42 and Prop. H, the neighborhood schools measure, is ahead 58-41. Both results suggest a strong westside turnout in the absentees.

I’m surprised that Mirkarimi is doing so well with this bunch.

And I’m a little surprised that Prop. C (the “consensus”) pension reform is so far ahead of Prop. D (the Adachi pension reform). Even in the conservative areas, C is leading by 7 percent.

By the way, the school and street bonds have won. If they’re over 66 percent (and both are) in this batch of votes, they’ll win handily.

 

Election night coverage and parties

Sasha Cuttler
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Election night coverage and parties

As always, the Guardian will have a team of reporters in the field tonight covering the election parties and doing regular posts here on the Politics blog, where Executive Editor Tim Redmond will also be analyzing the results as they come in. But if you want to get out there mix and mingle with the campaigns yourself, here’s a list of the parties around San Francisco, most of which start around 8:30 and last until around 11. 

John Avalos for Mayor, Roccapulco, 3140 Mission St.

Dennis Herrera for Mayor, Club Mighty, 119 Utah St.

Leland Yee for Mayor, Rasselas Jazz Club, 1534 Fillmore St.

Jeff Adachi for Mayor, Harbour Court Hotel 165 Steuart St.

David Chiu for Mayor, Rendezvous Tapas, 2080 Van Ness

Bevan Dufty for Mayor, Don Ramon’s Mexican Restaurant, 225 11th St.

Ed Lee for Mayor, Tres, 130 Townsend St.

Tony Hall for Mayor, Campaign HQ, 99 West Portal Avenue

Joanna Rees for Mayor, Eastside West, 3154 Fillmore

Michela Alioto-Pier for Mayor, The Brick  Yard, 1787 Union St.

League of Pissed Off Voters, El Rio, 3158 Mission St. (mayoral candidate Terry Baum in attendance)

Yes on A, Mercury Lounge, 1582 Folsom St.

Yes on C/No on D, Slim’s, 333 11th St.

David Onek for DA, Pilsner Inn, 225 Church

Sharmin Bock for DA, Yoshi’s Jazz Club, 1330 Fillmore

Bill Fazio for DA, Tony Nik’s Cafe, 1534 Stockton

George Gascon for DA/Chris Cunnie for Sheriff, Delancey Street, 600 The Embarcadero

Ross Mirkarimi for Sheriff, Carnelian by the Bay, 1 Ferry Plaza

Paul Miyamoto for Sheriff, Pete’s Tavern, 128 King Street

 

The problem with the Lee investigations

Zelda Bronstein
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The problem with the Lee investigations

Six major mayoral candidates, including John Avalos, Dennis Herrera and Leland Yee, have once again called on the Fair Political Practices Commission to investigate the Ed Lee voter-fraud charges. That’s what needs to happen, of course. And the district attorney should do a thorough investigation and file criminal charges if warranted.

But there’s a basic problem here, and it goes to the heart of what’s wrong with the Lee campaign and with his whole approach to running for office. See, even if the FPPC finds a problem, what’s going to happen? The campaign will have to pay a fine (which, given all of the rich supporters of Lee, will be easy to pay).  If the D.A. finds that laws have been broken, some low-level folks or people who solicited contributions improperly will face prosecution — and most likely cut a deal and pay a fine and get probation.

By then, of course, if all goes as predicted, Lee will have won the election. So as far as he and his key allies are concerned, none of this really matters.

Once he’s elected mayor, he figures (probably correctly) that this will all blow over. The FPPC investigation won’t be concluded for months. The D.A. clearly isn’t going to file charges against anyone before Election Day. Besides, according to the Department of Elections, 44,000 people had already voted by the time the latest stories broke Nov. 2. Many of them are Lee votes.

No matter how flawed the election, how much sleazy, inappropriate or criminal activity was involved, there’s no way the results will be thrown out. There’s no way the election of Ed Lee will be voided. If all of the tactics of Lee supporters work and he comes out on top, there will be no consequences for him. When it comes to San Francisco elections, cheating works — Willie Brown learned that long ago.

That’s why Ed Lee scares me: He’s allowing his supporters to use a corrupt playbook that assumes that the rules don’t matter, that winning at all costs is the only issue, that ethics and clean government can be dismissed as side issues. Once you start down that road, there’s no going back. Once you set that tone at City Hall, every half-assed crook and con artist will be convinced it’s open season. And I just don’t see Lee as strong enough to stop it.

UPDATE: Avalos just called and told me he wasn’t aware that the other candidates were calling on the FPPC to investigate and wasn’t at the press conference where that announcement was made. Sorry ’bout that, a miscommunication.

 

Anyone but Lee

Jesse Hawthorne Ficks
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Anyone but Lee

tredmond@sfbg.com

Two weeks ago, the race for mayor of San Francisco seemed in the bag. Mayor Ed Lee was so far ahead in most polls that everyone else looked like an also-ran. A Bay Citizen simulation of ranked-choice voting showed Lee getting enough seconds and thirds to emerge easily as the winner. His approval rating with voters was above 70 percent. The money was pouring in to his campaign and to the coffers of independent expenditure committees promoting him.

But that was before the voter-fraud scandals, OccupySF, Sup. John Avalos appearing on national TV, a controversial veto, Sup. David Chiu getting the endorsement of the San Francisco Chronicle, and an attack on City Attorney Dennis Herrera backfiring.

“It’s changing,” Corey Cook, a political scientist at the University of San Francisco, told us. “I don’t know whether it’s tightening up, but it’s certainly changing.”

One campaign consultant, who asked not to be named, was more blunt: “The Lee campaign is one bad news story away from free-fall.”

That’s not to say Lee is going to lose, or even that he’s anything but the clear front-runner. But over the past week, as Lee has taken a series of hits, supporters of the other candidates — particularly Herrera and Avalos — are starting to wonder: Could somebody else really win?

The answer, of course, is yes — anything can happen in the week before an election. But defeating Mayor Lee will take a confluence of events and strategies that starts with a big progressive turnout — and with voters who don’t like the idea of an incumbent with ties to a corrupt old political machine carefully allocating their three ranked choices.

 

NO SURPRISE

So far, there’s been no crushing “October surprise” — no single event or revelation that can change the course of the election. And the impact of anything that happens in the next few days will be blunted by the fact that 27,000 absentee ballots have already arrived at the Department of Elections.

By all accounts, Lee’s campaign and the somewhat sketchy independent expenditure groups that are working in parallel, if not in concert, have done an impressive job of identifying and turning out absentee voters. Local consultants from most of the campaigns agree that at least 20 percent of the final turnout will be Chinese voters — and Lee will get at least 75 and as much of 90 percent of that vote.

But as Cook notes, there are still “huge undecideds” for this late in a race. And while Lee was polling above 30 percent a few weeks ago, by most accounts his numbers have been dropping steadily. One recent poll shows him falling 10 points in the past two weeks, leaving him closer to 20 percent than 30 percent.

“If the election were held three weeks from now, he’d lose,” said one consultant who asked not to be identified by name.

What’s happened? A confluence of factors have put the incumbent in a bad light.

The voter-fraud allegations have made headlines and the district attorney is discussing a criminal investigation. Although Lee and his campaign weren’t directly involved — the possibly illegal efforts to steer voters to Lee were run by one of the IEs — the last thing a politician wants to see in the waning days before an election are the words “voter fraud” and “criminal investigation.”

And the allegation — that Lee supporters in Chinatown filled out ballots for absentee voters then collected them for later delivery — play right into Lee’s weakness. While voters generally have good impressions of his work at City Hall, the fact that he’s connected to sleazy operators and tied to the old discredited Brown machine continues to haunt him. And this sort of activity simply re-enforces that perception.

The Leland Yee campaign has taken direct advantage of that perception, releasing a parody of the hagiographic Lee biography written by political consultant Enrique Pearce. “The Real Ed Lee story,” which repeatedly talks of his connections to unethical power brokers, hit the streets this past weekend.

Lee also sided with the San Francisco Chamber of Commerce over a coalition of labor and consumer groups with his veto of legislation by Sup. David Campos that would have prevented employers from draining $50 million per year from health savings accounts set up to comply with city law. Many restaurants even tack a 3-5 percent surcharge onto customers’ bills, making it essentially consumer fraud.

“It’s important for us to take a stance on the issue and say that what the mayor did was wrong,” Campos told us. “It’s a defining issue for us in City Hall.”

Then there’s OccupySF. Nobody knows for sure, but it’s likely that a majority of San Franciscans are at least somewhat sympathetic to the group’s message. And Lee has so far avoided the public relations disaster of Oakland’s crackdown.

But the left is unhappy with Lee’s constant threats to clear out the encampment, and the right is unhappy that he hasn’t sent in the cops already — and even the San Francisco Chronicle has denounced his lack of decisiveness.

Lee put the police on high alert and had them moving around in buses, ready to move in — than at the last minute changed his mind. “What this shows,” said former Supervisor Aaron Peskin, “is that we don’t have a mayor with a firm hand on the tiller.”

Most observers expected that the Chronicle would join the San Francisco Examiner and endorse Lee. But the paper came down on the side of Supervisor David Chiu. Chiu is still running well behind in the polls, and not that many voters follow the Chron’s advice, but the endorsement was a huge boost to his campaign.

“Ed Lee’s had a bad couple of weeks, and some of the others have had a good couple of weeks,” Cooks said.

 

RANKED CHOICE

Ranked-choice voting puts an interesting twist into all of this. Several consultants and election experts I talked to this week said that Lee would be far more vulnerable in a traditional election. “He would lose a runoff against almost any of the top challengers,” one person said.

But every poll that’s tested the ranked-choice scenario — even recent polls that show Lee faltering — still put him on top after the votes are all tallied and allocated. That’s in part because supporters of candidates who are lower in the pack — Chiu, for example — tend to put Lee as a second or third choice. The Bay Citizen/USF poll showed that when Chiu was eliminated, most of his votes wound up going to Lee.

“Ranked-choice voting clearly favors incumbents,” Cook told me.

And, people walking precincts say, there are still some Herrera and even Avalos voters who put Lee second or third. And the only way Avalos — or anyone other than Lee — can win the election is if progressive and independent voters stick to a clear “anyone but Lee” voting strategy.

Avalos is doing well in recent polls; in fact, one shows him ahead of Herrera in first-place votes. Herrera does better when seconds and thirds are counted. Michela Alioto-Pier gets a fair number of first-place votes, which isn’t surprising since she’s one of only three women in the race, the only woman with citywide name recognition — and the only real credible conservative.

Yee and Chiu are both in the running, and Yee has come out strong attacking Lee and is running hard for progressive votes. He showed up at OccupySF the night a police raid was threatened and has been the leading critic of the alleged voter fraud.

Cook says a scenario where somebody beats Lee is still “an inside straight” — but it’s not at all impossible.

If Lee gets 30 percent of the first-place votes, most observers (including his opponents) agree that he’s going to cruise to victory. But if his first-place total is closer to 20 percent, and one or more of the other candidates are within five points, it’s going to be a lot closer.

Here’s the bottom line: If you don’t want to see a repeat of the late 1990s, when Willie Brown was mayor and City Hall was for sale to the highest bidder, vote for anyone but Lee — and use your three votes strategically. If you like John Avalos, put him first — but give your second-place vote to Herrera, who seems positioned right now to be the other strongest challenger. If you like Herrera, give your second to Avalos. If you like Leland Yee or David Chiu, make sure that Avalos and Herrera are also on your slate.

Fill out all three votes. And get your friends and family to the polls. Because turnout is projected to be low, which helps Lee — and the race may well be decided on the basis of who shows up November 8th.

Lee benefits from vetoing health care reform

Sasha Cuttler
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Lee benefits from vetoing health care reform

Downtown groups that pressured Mayor Ed Lee to veto legislation that would have prevented businesses from raiding their employees’ health savings accounts have been funneling big bucks into independent expenditure campaigns formed to keep Lee in the Mayor’s Office.

Meanwhile, the Board of Supervisors today strengthened a weak alternative to the vetoed legislation by Board President David Chiu, which it then continued for two weeks. The amendments by Sup. Malia Cohen were unanimously approved by the board, but her five allies in supporting the vetoed legislation – David Campos, John Avalos, Ross Mirkarimi, Jane Kim, and Eric Mar – preferred that the measure be returned to committee for more analysis, losing on a 6-5 vote.

“We need more time to understand the implications of the amendments. We’re not sure if it actually closes the loophole,” Campos, the vetoed measure’s sponsor, said of provisions in the Health Care Security Ordinance – the city’s landmark measure that required employers to provide some health coverage to employees – that allowed businesses last year to pocket more than $50 million from health savings accounts they created for their employees.

One Cohen amendment specifically addressed one of the more egregious violations – restaurants that charge customers at 3-5 percent surcharge for employee health care and than pocket that money at the end of the year – which Chiu had addressed only by calling for more scrutiny of the tactic by the Office of Labor Standards. She also would require businesses to keep two years worth of contributions in the account, rather than the one year sought by Chiu to address the so-called “January problem” of businesses draining the account at the end of every year and leaving nothing for employees who get sick or injured at the start of the year.

It was perhaps a sign of the heat that Lee took from labor and consumer groups for his veto that he quickly issued a press release today praising the supervisors for addressing the issue. “I applaud President Chiu, Supervisor Cohen, organized labor, small business owners, and the Department of Public Health for finding the solutions to this important public policy that can strengthen our City’s landmark Health Care Security Ordinance. By closing the loophole through these proposed amendments, we can increase access to health care, protect jobs in our small businesses and protect consumers while growing our economy at the same time,” it read.

But Lee appears to have already benefited from heeding the demands of downtown – particularly the San Francisco Chamber of Commerce and Golden Gate Restaurant Association (GGRA) – who made defeating the Campos legislation a top priority, casting it as a new “fee” that would drain $50 million from the local economy.

The San Francisco Alliance for Jobs and Sustainable Growth PAC, created by notorious downtown bagman Jim Sutton, is the best-funded on the four independent expenditure groups that are supporting Lee, taking in $390,000 this fall, including $27,000 from the GGRA and $25,000 from the Chamber’s SF Forward group. Both groups also support the Committee on Jobs, which kicked in $110,000 to the Alliance campaign. GGRA also gave another $10,000 to the pension reform campaign that Lee is pushing, support the Chamber had threatened to withhold if the Campos measure was approved.

GGRA Executive Director Rob Black denied this was pay-to-play politics, noting that the Alliance is also supporting DA George Gascon, Sheriff candidate Chris Cunnie and two ballot measures. “But absolutely, the mayor’s name is on there and the organization voted to endorse him,” Black said.

GGRA voted in August to endorse Lee, Chiu, and Michela Alioto-Pier for mayor. Black said the organization is “generally supportive of Sup. Chiu’s approach to reforming the Health Care Security Ordinance,” and Black specifically said it supports improving requirements that businesses notify employees about the health savings accounts and how to use them.

The GGRA led the original fight against the HCSO in 2006, which was sponsored by then-Sup. Tom Ammiano, who lined up a veto-proof majority on the progressive-dominated board and eventually persuaded then-Mayor Gavin Newsom to support it. The measure created the Healthy San Francisco program and required employers to spend a minimum amount per employee on health care, although federal ERISA law bars cities from prescribing how that money is spent.

GGRA challenged the employer mandate all the way to the U.S. Supreme Court on the grounds that it violated ERISA, losing the case. Many of its members restaurants then opted to use health savings accounts rather than paying into Healthy San Francisco or private health insurance, even though health experts say such accounts are the worst option.

Campos and his allies have maintained that money in these health savings accounts belongs to employees and that businesses that use and raid them gain an unfair competitive advantage at the expense of their employees, customers, and city taxpayers, who are often forced to foot the bill for the uninsured.

Campos and the coalition that supports him has said they may take this issue to voters if the Chiu/Lee legislative fix doesn’t address their concerns.

Adachi video attacks public financing

Zelda Bronstein
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Adachi video attacks public financing

This is odd: An eight-minute video narrated by Matt Gonzalez in support of Jeff Adachi devotes a considerable amount of time to attacking public campaign financing — something Gonzalez always supported as a supervisor.

The video claims that the $4 million that “politicians” are taking to pay for their mayoral campaigns could have helped the city avoid cancelling summer school and cutting school bus routes.

Actually, the city doesn’t pay for summer school or for school buses; the school district does. But I suppose the city could have scrapped public financing and given the money to SFUSD. Unlikely, but possible. (The city actually does share some money with SFUDS, under a measure that Gonzalez opposed.)

The thing about public financing, of course, is that it allows candidates like John Avalos, who won’t get big business support, to run a competitive campaign. If it prevents special interests from buying elections, it saves the city far more than it costs. Public financing has always been a central part of the progressive agenda, nationally and locally.

The rest of the message is about what you’d expect — pension reform, Recology’s franchise fee, giveaways to the police and fire unions. All stuff that Adachi has made part of his campaign. It’s nicely (if inexpensively) produced, and, as always, Gonzalez is a great presenter.

But what’s up with the attack on public finance?

(UPDATE: Gonzalez emailed me to say that Adachi doesn’t oppose public financing but thinks this is a bad year to accept it. He also said when he chaired the Budget Commitee the city sent a lot of money to the schools. But he did oppose the measure that guarantees some city funding to SFUSD.)

SF supervisors support OccupySF’s 24/7 encampment

Sasha Cuttler
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SF supervisors support OccupySF’s 24/7 encampment

The San Francisco Board of Supervisors today approved a resolution supporting Occupy Wall Street and the right of OccupySF to maintain a 24/7 encampment in Justin Herman Plaza, although sponsors of the measure narrowly lost a fight over amending the measure to allow police to use force if “there is an objective threat to safety or health.”

The sponsors of the measure – Sups. John Avalos, David Campos, Eric Mar, and Jane Kim – noted that heath and safety concerns were used as a pretext for both police raids on OccupySF and for last week’s violent police crackdown on the Occupy Oakland encampment, something San Francisco officials uniformly say they want to avoid here. Those four sponsors were joined by Sup. Ross Mirkarimi in opposing the amendment by Sup. Scott Wiener, which passed on a 6-5 vote.

But the overall measure – which urges Mayor Ed Lee to drop his opposition to tents and other camping infrastructure and not order another police raid on the camp – was then approved on an 8-3 vote, with Sups. Mark Farrell, Carmen Chu, and Sean Elsbernd in dissent. Farrell and Chu both expressed support for the movement’s call for addressing severe economic inequities in the country, but they oppose the tactic of occupation.

Board President David Chiu, the swing vote on allowing the resolution to be watered down, said his vote was an effort to get as much support for the measure as possible. “For me, it was important to build consensus here at the board,” he said, praising the work that city officials and OccupySF participants have done to resolve their differences. “I have been very impressed with the behavior of individuals involved in this movement.”

Wiener had made a number of amendments to the resolution that Avalos accepted without objection, drawing the line only at the change that would specifically allow for police to use force to dislodge the protesters. While the nonbinding resolution doesn’t compel any action by Lee or the SFPD, Avalos praised the mayor for meeting privately with OccupySF members after he seemed to take a firm public stand again allowing camping.

“I do want to thank the mayor for coming to the table on how our public spaces can be used,” Avalos said. Kim echoed the point, noting that, “A ton of progress has been made.” The Mayor’s Office has not yet responded to Guardian requests for comment on the resolution or his current position on OccupySF, but we’ll update this post when we hear back.

Wiener and others also thanked Avalos for taking the lead role in addressing this issue. “I want to thank Sup. Avalos for being so open and collaborative,” Wiener said, noting that he’s been very impressed with how OccupySF has handled itself throughout the standoff. “I’m very supportive of OccupySF…It’s been incredibly peaceful and people have been friendly and passionate.”

Survey shows Lee aligned with tenant advocates only half the time

Sasha Cuttler And Mary Magee
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2

The results of a mayoral candidates’ survey created by the Council of Community Housing Organizations (CCHO) offered some surprises. Based on candidates’ responses, venture capitalist Joanna Rees, one of the more conservative contenders, came across as a stronger advocate for affordable housing and tenants’ rights than interim Mayor Ed Lee, who previously defended tenants as an attorney with the Asian Law Caucus.

The survey posed 25 yes-or-no questions to mayoral hopefuls, formulated by CCHO, the San Francisco Tenants Union, and the Housing Rights Committee. A “Yes” answer meant the candidate was aligned with the housing advocates’ standpoint, a “No” response was frowned upon as contrary to advocates’ housing agenda, and a “?” signified the response, “I’ll consider it.”

All told, Lee responded “No” to six questions, “I’ll consider it” to seven questions, and “Yes” to 12 questions, demonstrating consistency with the housing advocates’ agenda about half the time. Rees, on the other hand, responded “No” to three questions, and “Yes” to every other question.

Other respondents included Public Defender Jeff Adachi, Sup. John Avalos, green party candidate Terry Joan Baum, Board President David Chiu, former Sup. Bevan Dufty, City Attorney Dennis Herrera, and Sen. Leland Yee.

Candidates who answered in the affirmative to every survey question were Avalos, Baum, and Yee. Dufty responded “No” to eight questions, and “I’ll consider it” to one. Chiu responded “Yes” to most questions and “I’ll consider it” to four questions, though there was some confusion as his response wasn’t listed every time.

There you have a summary of the scorecards. So what were the questions?

Every single candidate answered “Yes” to this one: “To make up for the huge State and Federal cutbacks in affordable housing funding, will you commit to placing a dedicated affordable housing funding measure on the November 2012 ballot of at least $100 million?”

So no matter who’s elected, housing advocates will have an opportunity to advance this idea.

Among the more divisive issues was the question of reforming condo conversion laws to regulate tenancies-in-common conversions, in order to stem depletion of affordable housing stock. Lee, Rees, and Dufty responded that they would not seek such reforms; Yee, Avalos, Adachi, and Baum said they would. Herrera declined to answer.

Candidates were also divided on whether the San Francisco Rent Board, which mitigates disputes between tenants and landlords, ought to be reformed to “increase tenant representation and balance appointments between the Mayor and Board of Supervisors?” Yee, Lee, Dufty, and Adachi rejected that idea.

And Lee stood alone in answering “no” to this question: “Will you enforce a balance between market-rate housing and affordable housing that fulfills the City’s adopted housing goals, even if such a linkage slows down the overproduction of luxury condos until a minimum level of affordable and middle income housing catches up?”

All others said they would, except Chiu, who said, “I’ll consider it.”

View the full results of the survey here.

Superviors and labor leaders challenge Lee’s OccupySF stance

Sasha Cuttler
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Superviors and labor leaders challenge Lee’s OccupySF stance

Mayor Ed Lee has put the city and its police force on a collision course with not only OccupySF, but also several members of the Board of Supervisors and top labor leaders who support the movement and want the city to allow its encampment to continue.

They spoke at a special hearing of the City Operations and Neighborhood Services Committee that was convened by Chair John Avalos this morning, supporting a resolution that Avalos created to allow OccupySF to have tents and other infrastructure that Lee opposes. The resolution – which is co-sponsored by Sups. Eric Mar, David Campos, and Jane Kim – was approved by the committee and is set to be considered by the full Board of Supervisors tomorrow (Tues/1).

“It is something I am wholeheartedly supporting because it is an expression of great frustration and concern about the economic system,” Avalos said. “We need to speak with a greater voice about changing our economic system so it works for the many and not just the few,” Avalos said, explaining why he is “wholeheartedly supporting” the OccupySF movement.

But Avalos said he’s been frustrated that Lee and the police have raided the camp twice and are threatening more, something that Avalos has been trying to mediate since the first raid on Oct. 5. He also said the city should learn from Oakland that using the police force to stop the movement only makes it stronger.

“If we were to try to stop it from happening, it would just encourage more people to take part in it,” he said, noting that more midnight raids are dangerous for both police and protesters. “We have to figure out as a city how we’re going to facilitate, encourage, and accommodate this movement.”

But instead, Avalos said Lee’s stand against allowing tents or an kind of encampment, while claiming to support the message OccupySF, has created a tense standoff. “I’ve seen very mixed messages come out of this administration,” Avalos said, adding that nobody believes police statements that the massing of SFPD cops in riot gear on Oct. 26 was only a training exercise.

Mar said OccupySF deserves tremendous credit for holding the space and being responsive to the health and safety concerns raised by city officials. “I’ve seen a transformation in the movement in the last three weeks that is truly impressive,” Mar said. “I’ve also seen, during the General Assemblies, an incredible exercise in democracy.”

He also disputed accusations that the camps are dirty and that the movement is unfocused. “Don’t believe the hype from the mainstream media but look at the messages coming out of this movement,” said Mar, who was wearing a “We are the 99 percent” sticker.

“We should allow OccupySF to do what they’re doing,” Campos said. “It’s good for San Francisco.”

Campos also called out Lee and Oakland Mayor Jean Quan for ordering violent raids on the peaceful encampment, disputing the idea that “somehow it’s okay for us to spend the limited resources we have on these kinds of police actions…I hope we don’t have Mayors Quan and Lee wasting resources that could be better spent elsewhere.”

During the public comment portion of the hearing, each of the more than two dozen speakers supported the resolution.

“What this resolution does is it calls on the other supervisors and the mayor to decide how they want to deal with OccupySF,” said Gus Feldman of SEIU Local 1021.

Representatives of several labor unions and the San Francisco Labor Council that have voted to endorse OccupySF spoke at the hearing, include Ken Tray with United Educators of San Francisco, who gave a rousing speech in support of the movement.

“The times have changed and the political landscape has shifted,” Tray said, ticking off a long list of reasons for supporting the movement, from San Francisco’s long tradition of advocating for progressive change to the fact that “the schoolchildren of San Francisco are being denied resources because the 1 percent refuse to pay their fair share.”

Frank Martin del Campo of the SF Labor Council displayed the bruises on his arm inflicted by police during the raid on the Occupy Oakland, saying “this was an attempt to criminalize dissent…It represents the politicization of the police.”

Labor Council Executive Director Tim Paulson said, “I just want to be clear that we are the 99 percent….We want Occupy San Francisco to be there 24/7.” He and others say the Occupy movement is highlighting deep economic inequities that the labor movement has long been raising as well. “OccupySF has called the question on really important issues we’ve been struggling with for years,” said Gabriel Haaland of SEIU Local 1021

“Here is a peaceful protest being answered with violence,” said Pilar Schiavo of California Nurses Association, which has been supporting the occupations. This is an important political struggle, she said, and “It’s time for the mayor to decide what side he’s on.”

Many speakers focused their criticism on Lee, such as Brad Newsham, who said, “Any official who would send in the riot police to deal with this camp does not deserve to be mayor of San Francisco.” He said the city should set an example for the country by formally allowing the encampment to continue, and he turned to the young protesters in the room and said, “Hold your ground and we’ll try to get your back.”

Sean Semans, an active member of OccupySF since the beginning, thanked Avalos and the other progressive supervisors for “saving us when nobody would,” and he expressed frustration with the Mayor’s Office.

“The mayor still doesn’t recognize us, he won’t come down and see the work we’re doing,” Semans said. “We can do all kinds of work when we’re not fighting to protect our First Amendment rights.”

He was part of an OccupySF delegation that met with Lee last week, and Semans said the mayor offered to help get the protesters rooms in SRO hotels or meals from local soup kitchens, showing that he has a fundamental misunderstanding about what this occupation is about.

As Semans said, “It shows what we’re dealing with here.”

Progressive group stands out as the lone Lee endorser

Sasha Cuttler
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Progressive group stands out as the lone Lee endorser

Mayor Ed Lee’s support by the wealthy power brokers and his checkered history with the Willie Brown administration has caused most progressive groups to shun him in this election, with one notable exception. San Francisco Rising Action Fund, a grassroots organization for working class people of color, gave Lee its second place endorsement, right after progressive favorite John Avalos. It’s the only slate that the two political opposites appear on together.

The San Francisco Democratic Party, Sierra Club, San Francisco Labor Council, the Bay Guardian, and other progressive groups have all issued endorsement slates that generally include Avalos, Dennis Herrera, and sometimes Leland Yee. But Lee has been almost entirely shut out on the left – except for a third place endorsement by the San Francisco Bicycle Coalition, which is generally left but mostly single issue – making SFRAF the rare exception.

Alex Tom, one of the directors of SFRAF, clarified that its endorsement “ is not about Ed, but about the larger progressive movement.” Going against the endorsement grain, he said SFRAF consolidates the Asian, Latino, and Black communities— a strategy to compensate the divided nature in the political left.

“We need to step back in general and have a conversation with how people of color engage with politics and the progressive movement,” Tom told us.

Like many liberal groups, SFRAF is at the front lines of OccupySF and supports progressive bills like the Health Care Security Ordinance, which was the subject of Lee’s first veto this week, angering progressive groups who sought to close a loophole that lets businesses raid the health savings accounts of their employees.

But Tom points out that “there is an assumption in SF that to get progressive things passed you need to go to District 5, 6, and 9— you don’t go to the Southeast,” or other lower income neighborhoods. SFRAF is trying to reframe the broad spectrum of progressives, to “civically engage [voters of color and lower incomes] and [include them] in the electorate.”

Voters of color don’t engage in the same spaces that other progressive do. “We are not insiders, we are not even inside the progressive circle,” Tom says.

SFRAF’s Board of Directors includes Joel Aguilar, who recently left SF Day Labor Program; Chelsea Boilard with Coleman Advocates for Children and Youth; Antonio Diaz of People Organized to Demand Environmental and Economic Rights; Ariana Gil of Mujers Unidas y Activas; Adam Gold of Causa Justa: Alex Tom with the Chinese Progressive Association; and Steve Williams of People Organized to Win Employment Rights (POWER).

The Directors promote Ed Lee’s platforms on local hire, summer school, fight against wage-theft, and facilitating equitable budget process. Lee’s a viable candidate for a new type of progressive, says SFRAF, who doesn’t “agree with the insider game” in regards to Rose Pak and Willie Brown, Lee’s closest associates.

SFRAF doesn’t believe the company Lee keeps makes him untrustworthy. While many progressives see a politician’s connections as good indicators of their future actions and allegiances, SFRAF doesn’t seem to place much emphasis on this. Indeed, Lee seems to be an obstacle to much of the group’s agenda.

Take the SFRAF’s 10-point platform, which is diametrically opposed to many of Lee’s recent actions. In the matters of health care, SFRAF’s promotes, “policies that require employers to provide quality, affordable healthcare coverage to their employees and their families,” something that Lee’s recent veto seemed to weaken, letting businesses take about $50 million per year that city law required them to set aside for employee health care.

The next day, Lee faced the same groups he voted against— at a labor union rally— and explained his veto was an act of diligence to protect jobs. But the sponsor of the vetoed legislation, Sup. David Campos, said the veto was an setback for workers’ rights and consumer protection. “It’s a defining issue for us at City Hall,” Campos told us.

But Tom disagrees with progressive assessments that “pay to play” is a major force in City Hall politics, although to did say it is important to “acknowledge your power structure.” To SFRAF, the progressive sector cannot duplicate a city run by a few insiders— a fear SFBG expects to be a reality with Ed Lee as mayor. Instead, he says a progressive City Hall must bring a “multi-sectored” people into the decision-making process.

And he think Lee will be an ally in doing so.

Steven T. Jones contributed to this report.

How OccupySF thwarted a police raid

Zelda Bronstein
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How OccupySF thwarted a police raid

More than 1,000 people amassed at the OccupySF camp last night based on word that police would be raiding the camp. At 4:30 am, there were still 500 gathered in Justin Herman Plaza when OccupySF organizer Ryan Andreola finally announced: “We just got a report from an official police statement that the raid has been called off because there were not enough police for the number of people here,” as the crowd erupted in applause.

It was the end of what was for many protesters a long — and remarkably successful — day. Word began circulating of possible police altercation at 6 a.m. October 26, when police passed through the encampment handing out notices titled “You are subject to arrest,” which claimed that the protest was in violation of several city and state laws and had become a public health hazard.

On Oct 19, city officials had communicated to OccupySF that they would provide portable toilets, but a week later had not followed through; to deal immediately with public health concerns, protesters acquired them on their own.

Around 8:00, having received various tips and seen a document warning nearby businesses of police activity that night, OccupySF put out a call for supporters, saying police raid was confirmed. Justin Herman Plaza officially closes at 10 p.m., so protesters mobilized to be ready for an attack then.
At 9:00, hundreds of people were at the encampment and were meeting about tactics in case the raid occurred. For the next several hours, as hundreds more continued to pour into camp, supporters practiced formations to defend the camp and separate those who were willing to risk arrest from those who weren’t.

At 9:30, photos began circulating social media of scores of police in riot gear waiting with six muni buses near the police operations building in Potrero Hill. Many feared that they were gearing up to descend on Justin Herman Plaza.

Different groups, including a group of clergy, SF Labor Council representatives, a meditation circle and groups practicing blockade formations met throughout the camp. Drum circles continuously pounded, and the Brass Liberation Orchestra jammed throughout the night.

Nurses and medic volunteers distributed materials to protect from and relieve the effects of tear gas, and National Lawyers Guild volunteers scoured the camp making sure protesters had their legal hotline phone number. Talk of the violence and mass arrests at Occupy Oakland that had happened the past few days permeated the group.

The BART stations closest to the OccupySF and Oakland camps were closed last night due to “civil disturbance,” but many supporters still crossed the Bay to swell the OccupySF ranks.

At 10:00, between 500 and 600 people had gathered at the camp. Protesters danced to the constant music and chanted political cries to the beat: “This system has got to die, hella hella occupy!”

Others waited in defense formation around the camp. After spotting Supervisor John Avalos, many began imploring him to sit down in the ranks, which he did.

As the night went on, sightings of police with buses continued. Some protesters joked, “the police are on the way, but they’re taking Muni so it will be a few hours.”

At 12:40, though much of the camp’s kitchen supplies and food had been moved offsite, protesters continued to serve free food. A young man serving up salad and bread gestured to several cases of food, saying “this has all been donated within the last hour.”

At 1 a.m., the group had reached its peak numbers. All sides of Justin Herman Plaza were blocked by masses of people, who also spilled out into the street on Steuart and Market, attracting virtually all passers-by into the crowd. Organizers urged supporters to stay prepared, but as one woman emphasized on a bullhorn “Remember, 99 percent means we are all individuals. It’s your choice how you respond.”

At 1:30, an impromptu speak-out began as protesters, amplified by the Peoples Mic, explained who they were and why they were there that night. Ten minutes later the group decided to allow a makeshift press conference, giving a formal space for five city officials present to speak.

Supervisors John Avalos, Jane Kim, David Campos, David Chiu and Eric Mar, along with state Senator Leland Yee, professed their support for OccupySF and commitment to protecting it from raids. The group was met with mixed responses. Many cheered their support, and one woman said, “I’m from Oakland and I wish Oakland supervisors had done what San Francisco supervisors have done tonight.” Others were less receptive, crying “I don’t trust you!” and “remember, these are the same supervisors that helped pass sit-lie!”

After the politicians finished speaking at 2:00, many supporters left the camp. One man declared, “I’m glad they came, but they do not represent us.”
About 30 minutes later, new reports were coming in that police were massing at Treasure Island. Protesters surveyed their drastically reduced numbers, and voted on what new formations to practice. As the group discussed, drummers punctuated each point, keeping energy high.

Protesters organized new strategies, but by 3:38 there was still no sign of cops. Representatives of labor organizations began a spontaneous rally, speaking to why they supported OccupySF. Mentions of Occupy Oakland’s vote to call for a general strike on Wednesday November 2 circulated, and one labor rep recalled the 1934 general strike.

At 4 a.m., hundreds were still awake and prepared in the camp. Said protester Robert Duddy, “I’m tired. I stayed up last night until 5:30 after getting the notice that we might be evicted. I think they’re trying to wait us out and have our numbers dwindle.” Duddy added that he did not expect the police to show up that night.

Won-Yin Tang wasn’t convinced. “I won’t feel [that we’ve won] until 7 a.m. when they’re not waiting in riot gear anymore. We have to stay focused. When everyone leaves, that’s when they’ll come.”

At 4:30, the long-awaited announcement of victory came. The crowd cheered, and many headed to nearby Muni stations, now open for the morning. Said protester Sam Miller, waiting exhausted in Embarcadero Station, “Tonight was a great triumph of the human sprit. It was the middle class showing we can’t be beaten down anymore. We’re not the zombies that they think we are.”

Protester Sean Semans also celebrated. Said Semans, “We won tonight. Now we just have to sure, if we need to, we can do the same thing tomorrow.”
Staying up until 5 a.m. on weeknights is no easy call to action. But it seems thousands throughout the Bay Area are willing to step up to the plate.

Big victory for OccupySF, Occupy Oakland reconvenes after crackdown (VIDEO)

Sasha Cuttler
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(UPDATED/CORRECTED AT 11:30 AM)The Occupy movements in San Francisco and Oakland reportedly scored big victories last night, with huge numbers of people overcoming police crackdowns and the shutdown of public transit stations, turning back city efforts to clear the OccupySF encampment and voting in the General Assembly in Oakland to call a general strike for Nov. 2.

We’ll have a full reports later today. Occupy Oakland protesters showed up outside a cordoned-off Frank Ogawa Plaza to figure out how to respond to the previous day’s aggressive police raid, which made national news and left Iraq War veteran Scott Olsen in the hospital with a fractured skull after apparently being hit by a tear gas canister or some other projectile fired by police.

In San Francisco, Mayor Ed Lee and the SFPD threatened to shut down the OccupySF encampment over alleged public health problems – which the movement tried to address by bringing in their own porta-potties because the city refused to provide them at night – but the camp swelled with supporters. Among them were mayoral candidates John Avalos, Leland Yee, Jeff Adachi, and David Chiu, as well as Sups. Jane Kim, Eric Mar, and David Campos.

Video by Rebecca Bowe

They spoke to the crowd around 2 a.m., expressing their support and saying that neither police nor Lee had responded to requests for information about the city’s intentions. Other notables on the scene included writer Rebecca Solnit, SF Democratic Party Chair Aaron Peskin, Shawn San Liu of the Chinese Progressive Association, and local labor leaders Tim Paulson, Gabriel Haaland, and Mike Casey. Spirits were high, and protesters were ready to link arms and form a human blockade in the event that police showed up.

SF police reportedly massed nearby in the early morning hours, preparing to clear Justin Herman Plaza, and there were rumors that hundreds more were on the way. BART stations in the area were shut down to prevent more arrivals, while police in Oakland also reportedly stopped protesters there who tried to cross the bay to support OccupySF. But the raid was then reportedly called off because police were outnumbered and possibly to avoid a repeat of the violence and mass arrests that have plagued Oakland since the decision to clear the encampment there, and protesters sent out jubilant messages of victory.

Check back later for video and eyewitness details of what went down, from the the Guardian’s Rebecca Bowe (who contributed to this report) and Yael Chanoff, as well as information on what comes next. Or follow the Oakland live stream here or San Francisco live stream here.

Mixed messages

Jesse Hawthorne Ficks
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Mixed messages

steve@sfbg.com

In San Francisco — the first major city to launch a midnight police raid to break up an Occupy encampment, which it repeated Oct. 16 — city officials are struggling with contradictions between claims of supporting the movement but opposing its tactic of occupation. Protesters have reacted to those mixed messages by erecting a growing tent city in defiance of Mayor Ed Lee’s public statements on the issue.

The situation remained fluid at Guardian press time, with OccupySF members unsure when and whether to expect another raid. That sort of standoff has repeated itself in cities around the country. But it seems particularly fraught here in the final weeks of a closely contested mayor’s race as Lee’s stated belief that “a balance is possible” is put to the test.

On Oct. 18, when hundreds of OccupySF protesters and their supporters entered City Hall to testify at the Board of Supervisors hearing — where Lee appeared for the monthly question time and was asked by Sup. Jane Kim to “describe the plan that our offices have been developing” to facilitate the OccupySF movement — it became clear there was no plan and that Lee was standing by the city’s ban on overnight camping.

“From the very beginning, I have fully supported the spirit of the Occupy movement…To those who have come today and who come day after day as part of this movement, let me say now that we stand with you in expressing anger and frustration at the so-called too big to fail and the big financial institutions,” Lee said at the hearing.

“Then don’t send the police in to destroy it,” yelled a woman from the crowd.

“Well, we are working with you,” Lee responded as Board President David Chiu banged his gavel at the interruption and said, “excuse me, you are out of order” and the packed hearing room erupted in shouts and applause at calling out the contradiction in the mayor’s position.

“Well, we are working with you. We are working with you to help raise your voice peacefully and will protect and defend your right to protest and your freedom of speech,” Lee continued, eliciting scattered groans from the crowd. “But that’s not the same thing as pitching tents and lighting fires in public places and parks that are meant for use by everyone in our city. But we can make accommodations and we have, and we can do this while not endangering public safety in any way.”

Afterward, as Lee was surrounded by a scrum of journalists asking about the issue, he made his stand even more clear. “We’re going to draw the line with overnight camping and especially structures,” Lee told reporters. Asked why the police raids have taken place in the middle of the night and why San Francisco is banning practices being allowed in other occupied cities, such as tents and kitchens, he offered only nonresponsive answers before being whisked away by his security detail.

Back inside the hearing room, Sup. John Avalos — who has led efforts to mediate the conflict and prevent police raids — called Lee’s comments “very frustrating. I’m alarmed that he is moving toward nightly standoffs with the Occupy movement.” After watching video of the chaotic Oct. 16 raid, at which several protesters were injured by police officers, Avalos called the situation “unsafe for both sides.”

Six of the 11 supervisors voiced support for OccupySF during the meeting, although Kim — who supports OccupySF and Lee’s mayoral campaign and whose District 6 includes the two protest encampments, in Justin Herman Plaza and outside the Federal Reserve — said at the hearing, “We’re all struggling to figure out the best way to accommodate it.”

Indeed, when the Guardian sought details on “the plan” Kim said she was developing with Lee, her staffers told us there was nothing in writing or major tenets they would convey. And mayoral Press Secretary Christine Falvey told us, “There’s not really a plan, per se, because the movement is so fluid,” although she confirmed that the city would not allow tents or other structures: “The tactic of camping overnight, he does not support.”

But OccupySF protesters were defiant as they streamed to the microphone by the dozens during public comment, decrying the city’s crackdown and claiming the right to occupy public spaces and to have the basic infrastructure to do so. As a woman named Magic proclaimed, “This can be a celebration or a battle, but we will not back down.”

The next afternoon, a large group of OccupySF protesters took their complaints about mistreatment by officers to the Police Commission meeting. Previously, Police Chief Greg Suhr had taken the same stance as Lee, with whom he had consulted before ordering the raid, claiming to support OccupySF but oppose overnight camping (see “Crackdown came from the top,” Oct. 11).

“We will surgically and as best as possible and with as much restraint as possible try to deal with the hazards while protecting people’s First Amendment rights,” Suhr had said, reiterating a ban on tents and infrastructure.

But by the end of the long Police Commission hearing — which was peppered by angry denunciations and chants of “SFPD where is your humanity?” — Suhr seemed to soften his position: “We have no future plans to go into the demonstration. We know that it’s for the long haul.”

OccupySF members interpreted Suhr’s remarks, which went on to raise concerns over potential future public health hazards that a growing encampment might present, as a change in the policy Lee had outlined a day earlier, erupting in the cheer, “Now that’s what I’m talking about!”

In the wake of that meeting, more than 40 tents — including a working kitchen and fully stocked medical tent — have been erected in Justin Herman Plaza, although neither the Police Department nor Mayor’s Office have answered Guardian inquiries seeking to clarify what current city policy is regarding OccupySF. But for now, protesters have declared victory over the city and are happy to be turning their full attention back toward powerful banks, corrupt corporations, and the rest of “the 1 percent.”

“I’m really proud of the OccupySF participants who went to the meeting today,” Zoe D’Hauthuille, a 19-year-old protester, told the Guardian after the Oct. 18 meeting. “I feel like they were really honest and super effective at getting people to realize that we need certain things, and that the city is violating our rights.”

Avalos offers resolution supporting OccupySF and its camp

Sasha Cuttler
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Avalos offers resolution supporting OccupySF and its camp

In the wake of last night’s violent police raid on the Occupy Oakland encampment (a still-tense situation that we’re now on the scene covering) and two similar late-night police crackdowns on OccupySF in recent weeks, Sup. John Avalos and co-sponsors Eric Mar and David Campos are introducing a resolution at today’s San Francisco Board of Supervisors meeting that calls for the city to explicitly allow the OccupySF encampment and its related infrastructure to remain.

That resolution (the full text follows below), which Avalos legislative aide Raquel Redondiez says will be the subject of a special hearing on Monday before being considered by the full board on Tuesday, Nov. 1, grew out of testimony from OccupySF participants that Avalos solicited at last week’s board meeting following a late night police raid on Oct. 16 that resulted in five arrests and many injuries.

As we report in this week’s paper (see “Mixed messages,” to be posted this evening, Tues/25), at that Oct. 18 board meeting, Mayor Ed Lee took the position that no tents, kitchens, or other infrastructure would be permitted, a stance that Police Chief Greg Suhr seemed to soften slightly at a raucous Police Commission hearing the next day. In the face of those mixed messages, OccupySF grew into a full-blown tent city in Justin Herman Plaza and there have been no real conflicts with police since.

Both the San Francisco Police Department and the Mayor’s Office were slow to respond to messages we left all week seeking to clarify the city’s policy toward OccupySF, but both finally got back to us last night after the article had gone to press.

SFPD spokesperson Daryl Fong told us, “We’re still currently doing daily safety inspections at Justin Herman Plaza and continuing to provide leafletting…We’re educating the campers about violations and concerns for public safety,” such as unsanitary conditions or unsafe camping structures.

But he said OccupySF hasn’t been given any deadlines for removing structures and there are no current plans for another raid. “Our goal is to get compliance from the campers voluntarily,” he said. “This situation is being continually monitored as it progresses.”

When we asked the Mayor’s Office about the contradiction being Lee’s stance and the city’s reaction to the growing tent city, Press Secretary Christine Falvey wrote, “The mayor’s position on Occupy SF has not changed. He has directed his departments to facilitate peaceful protest, but not allow structures, tents, or a permanent campsite. He wants to ensure the area is safe for demonstrators and the general public. If you have been to the site, you may have seen the Fire and Public Health Departments conducting inspections for public health and safety concerns and you may have seen Recreation and Park and Police staff informing people of the parks and public safety codes that prohibit camping equipment. Individuals are being informed daily of this and the city’s Homeless Outreach Team is offering services to anyone in the area who may need it. The policy stands and departments are educating the group about what is and is not allowed and the mayor expects those who want to use the space to protest, to follow the rules.”

But OccupySF protesters say they have no intention of leaving the space, believing it’s their right to be there as part of a national movement spotlighting the greed and corruption of the wealthiest 1 percent of Americans. And when I told Falvey that the encampment seems to defy the mayor’s stated position, she wrote, “The mayor has asked several departments to enforce the existing codes, and I understand a number of informational contacts have gone out daily to educate those using the plaza about what is allowable in addition to Fire and Public Health inspections to make sure open flames or dangerous materials are not being used or stored at the site.”

I told her that didn’t address my question, and I asked for a reaction to the Avalos legislation that would explicitly allow “tents, tarps, First Aid supplies, environmentally clean and fire-safe energy sources, and the ability to store, prepare, and serve hot food,” which is the reality now on the ground. I’ll update this post when I get a response.

In the meantime, here’s the full text of the resolution:

[Expressing Support for Occupy Wall Street Protest Movement and the People’s Right to Peaceful Assembly in San Francisco]

Resolution Supporting the Occupy Wall Street Protest Movement and Urging Mayor Lee to Uphold People’s Right to Peaceful Assembly and Collaborate with Occupy SF to Ensure Safety of the Protestors, their Supporters, and the Greater Public.

WHEREAS, “Occupy Wall Street” was formed by a broad spectrum of people coming together to protest the corporate-serving economic and political system controlled by the 1 percent, profiting at the expense of 99 percent of the people; and

WHEREAS, Three years after the current financial crisis caused by Wall Street speculators and profiteers, the unemployment rate in the United States is still at the highest level since the Great Depression with the unemployment rate in San Francisco currently at 8.3 percent; and,

WHEREAS, The United States’ major banking institutions, which have been bailed-out by the government and United States taxpayers, have done little to prevent massive foreclosure of residential properties or support the revitalization of local economies by sustaining small businesses; and,

WHEREAS, Since 2008, there have been 1.2 million foreclosures in California, with 12,410 homes in San Francisco alone; and,

WHEREAS, The “Occupy Wall Street” protest movement has struck a chord with the people of the United States and around the world, inspiring over 900 similar protests and solidarity actions across the country, where tens of thousands of people have come out to express their deep indignation against Wall Street greed and systemic socio-economic injustices; and,

WHEREAS, The “Occupy” demonstrations are a rapidly growing movement of people from all walks of life with the goal of occupying public space in order to create a shared dialogue and assert demands for economic justice; and,

WHEREAS, The “Occupy” demonstrations have been supported by the California Nurses Association/ National Nurses Association, American Federation of Labor -Congress of Industrial Organizations, Change to Win, International Longshore and Warehouse Union-International, Teamsters Joint Council 7, Services Employees International Union, Laborers International Union of North America, and many others; and,

WHEREAS, The OccupySF demonstrations began in September with small gatherings of people and have since grown and gained supported from thousands of individuals, community and faith-based organizations, and unions; and,

WHEREAS, On October 12, a 500-person march and civil disobedience organized by local community groups received national media attention, exposing the struggles of San Francisco residents against foreclosure, corporate control, and spiraling unemployment; and,

WHEREAS, The October march and protest action culminated in civil disobedience and, despite the arrest of 11 people, lacked any antagonistic conflict between the police and protestors; and,

WHEREAS, Similar to demonstrations in hundreds of cities across the United States, OccupySF demonstrators are asserting their rights to free speech and peaceful assembly 24 hours a day, seven days a week, in order to create public dialogue around corporate control of the political process and public space; and,

WHEREAS, Numerous and various groups continue to join the protesters at OccupySF, including an interfaith clergy contingent and the California Nurses Association, which has set up a First Aid tent to support the protestors and help ensure public safety; and,

WHEREAS, The City of San Francisco has a right and duty to ensure the safety and security of the general public including the protestors and their supporters; and,

WHEREAS, Since the beginning of the protest, City actions have resulted in the confiscation of food, tents, sleeping bags, and other belongings from the OccupySF demonstrators as well as causing preventable injuries and arrests; and,

WHEREAS, The City has a lengthy and proud history of political protest and has upheld the rights of people to free speech, freedom of assembly, and peaceful protest; and,

WHEREAS, With clear leadership from the Mayor, City departments can set a tone of cooperation and collaboration with OccupySF protestors and supporters, help mitigate harm, and address any public safety, health and sanitation concerns, all while avoiding unnecessary conflict; now, therefore, be it

RESOLVED, That the Board of Supervisors supports the Occupy Wall Street protest movement and the rights of all who protest to assemble peacefully and enjoy free speech in the City and County of San Francisco; and, be it

FURTHER RESOLVED, That the Board of Supervisors recognizes that Free Speech and Freedom of Assembly should not be limited to daytime nor short-term activities and we deem the need of protesters to have tents, tarps, First Aid supplies, environmentally clean and fire-safe energy sources, and the ability to store, prepare, and serve hot food reasonable; and, be it

FURTHER RESOLVED, That the Board of Supervisors urges the Mayor, the Police Department, and other City agencies to uphold the rights of protestors to political speech and public assembly, and to recognize that the full exercise of such rights requires that participants are able to attend to the needs of everyday life, and have a space free from harassment; and, be it

FURTHER RESOLVED, That the Board of Supervisors urges Mayor Ed Lee to direct the Recreation and Park Department, the Department of Public Works, the Police Department, and other City agencies, as relevant, to be flexible and to collaborate with protestors for the safe sharing of public spaces, in which demonstrators can exercise their political rights and the City can address legitimate safety concerns while avoiding unnecessary antagonism; and, be it

FURTHER RESOLVED, That the Board of Supervisors urges Mayor Ed Lee, in order to prevent further harm and conflict to any members of the public, including protestors of OccupySF, to direct the Police Department to ensure that there will be no use of force to dislodge the OccupySF demonstrators and confiscate their belongings.

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