DVD Chrome Dreams’ Under Review DVD series is one of the better things to happen for music geekdom since 180-gram vinyl or the twofer CD reissue. Where else are you going to find sober analysis of Captain Beefheart’s mid-’70s tragic band period or an in-depth discussion of the four Mott the Hoople albums that came out before All the Young Dudes (Columbia, 1972)?
My first brush with the series came a couple of years ago, with one of the earliest installments, Queen under Review: 19731980. This was followed by a similar album-by-album chronicle of Thin Lizzy’s career, on a different label, Castle Rock. This pairing led me to believe the format was somehow linked to the ’70s hard rock phenomenon but not so. Chrome Dreams has steadily continued to churn out these things, surveying a broad and occasionally head-scratching variety of artists including Beefheart, Mott, Leonard Cohen, the Velvet Underground, the Smiths, David Bowie (his late ’70s Berlin trilogy), and the Who (pre-Tommy).
The format for these videos is pretty simple: get a bunch of critics, producers, and musicians together to break down a given artist’s catalog; interweave audio and video excerpts; then tie it all together with official-sounding narration. (It’s a British series, so of course the narration sounds official.) Copyright restrictions keep the producers from relying too much on video, although there’s some great rare footage to be glimpsed, from weird videos and promotional clips to obscure live excerpts that you won’t see on VH1. They rarely interview the bands themselves, and when they do, it’s usually peripheral members such as Velvets stand-in Doug Yule or Smiths second guitarist Craig Gannon. There are also celebrity interviewees such as the Clash’s Mick Jones (in the Mott video), ’60s Brit-rock producer Shel Talmy, and Factory Records loudmouth Tony Wilson though, thankfully, no Thurston Moore so far.
Then there are the critics, many of whom are colorful in their own right, and not just for their Austin Powersworthy teeth. Among the more enjoyable characters are Kerrang!‘s hyperanimated Malcolm Dome, Mohawk-sporting motormouth John Robb, and the soft-spoken but likable Nigel Williamson, a writer for Uncut who appears in nearly every volume. The idea of likable critics might seem like an oxymoron, but while one might not always agree with the opinions they express, it’s hard to fault the enthusiasm or passion they show for the music.
One of the best things about this series is that it doesn’t go "behind the music." Rather, it gasp! talks about the music itself without dwelling on who slept with whom or who did what drugs. Under Review’s incisive commentary won’t be found in dumbed-down VH1 documentaries or, for that matter, sterile rock ‘n’ roll museum presentations like those at the Experience Music Project. These people know what they’re talking about. And as a fellow music geek, I find it oddly enjoyable to hear others enunciate elusive truths about music that hasn’t been played on the radio for decades whether it’s Williamson’s description of Beefheart’s failed crossover attempt Bluejeans and Moonbeams (Mercury/Blue Plate, 1974) as "the worst of both worlds" or Daryl Easlea’s assertion regarding original Mott the Hoople vocalist Stan Tippens that "groups with lead singers named Stan tend not to make it big."
Anyhow, I’m hooked on the series, and at this point I’d probably watch a video on Nazareth or the post-’70s Foghat catalog. Those aren’t requests, though. (Will York)
“Explosive, Oakland, CA outfit Saviours has inked a deal with NYC label Kemado Records. The self-described “piss-angry metal band”, known for its ferocious live performances and original stamp on the classic power and thrash metal of decades past, will enter Los Angeles’ A&M/Henson Studios in late August with producer Joe Barresi (Melvins, Kyuss, Tool) to record its sophomore album.
“Merging howling lyrical venom with an endless arsenal of corrosive guitar orchestrations, harmonized leads and runaway locomotive rhythms, Saviours have been rapidly garnering international attention as one of the best heavy bands active today. Fresh off a red-hot tour of the United Kingdom as hand-picked direct support to progressive metal giants Mastodon, Saviours have launched a fourteen city road jaunt that will see the band’s “not-to-be-missed” live sets including many of the new songs that will comprise the new full-length. The as-yet-untitled album is expected to see an early 2008 release.
So, last night the Human Right Campaign and homo cable channel-bot LOGO hosted a forum for the Democratic presidential candidates in an Oprah-like setting for a candid grilling about “GLBT issues” — luckily, for those of us who can’t shell out the skittle for subscription cable, it was available live online, in a format that actually worked! Way to go, LOGO server bandwidth! (full disclosure: I was a commentator on the forum for CBS Radio. I’m so mainstream!)
YES, as a big gay, I did of course get that warm, fuzzy, Pride-trained feeling I’m supposed to get when the folks in the big house descend to talk to l’il ol’ me about what they think are my l’il ol’ issues. Plus, the intimate “forum” setting (each candidate got 15 minutes in the hot seat while the others waited in back) was ideal for disallowing the candidates to dodge and highlighting their every squirm.
Still, I was prepared to scream “BUT WHAT ABOUT THE TRANNIES!” into the ears of America as a commentator …. and the fact that Melissa Etheridge was one of the interlocutors rolled my eyes backward a bit (altho to her credit her questions were actually pretty potent — once you got past all the fawning — and she acknowledged she had no business being there as “neither a professional politician or activist.” Tell it to your global-warming Oscar, sweetie.)
Sup. Chris Daly, who was talking over the past few days about a campaign for mayor, has decided against it. He sent a statement tonight; I’ll post the whole thing:
Progressive Allies and Friends,
For the past 6.5 years, we have enjoyed strong
progressive politics in San Francisco. Progressive
San Francisco has delivered a new era of worker’s
rights with the nation’s highest minimum wage,
universal health coverage, and paid sick days.
Requiring significant amounts of affordable housing
and other public benefits, we’ve made development work
for communities. We’ve set the agenda on workers’
rights, housing, health care, city services,
transportation, and the environment. Our political
opponents, even holding the office of Mayor, have been
on the defensive.
Despite our political strength and its marquis
standing in local political races, it’s clear that
we’ve had difficulty engaging in this year’s Mayor’s
race. Progressives share a principled critique of the
personality-driven politics practiced by our
opponents. We elevate the issues important to
everyday people above our own political advancement
and personal self-interest. We are right to do so.
Unfortunately, this does not always translate well
into the mainstream and corporate-controlled media.
For the better part of a year, I felt a great deal of
responsibility to find a strong progressive candidate
for Mayor, all the while acknowledging that I was not
our best possible candidate. There were discussions,
caucuses, lunches, and even a Progressive Convention
aimed at compelling a progressive entry into the race.
With news last week of the final potential candidate
forgoing the race, I decided to take another look at
making a run.
This past week Progressive San Francisco produced a
flurry of activity about that possibility. I was
heartened and inspired that so many were willing to
step up in the face of significant odds. Dozens of
you dropped what you were doing to spend hours on end
with me this week. Hundreds pledged your support.
The outpouring gave me hope that we do have what it
takes to take back Room 200 and deliver social and
economic justice to San Francisco.
However, I have decided not to file a candidacy for
the Office of Mayor.
Given the negative, million-dollar campaign against me
last year, there was never a question that this
Mayor’s race would be brutal. The incumbent promised
as much in a meeting this week. Our ideas are better,
and I was committed to running a campaign about our
issues. But most of us had reservations about whether
we’d ever be able to achieve resonance on the issues
against the tide of hits, personal attacks, and media
hype of the Newsom vs. Daly personality clash.
Sarah and I arrived at last night’s meeting with the
intention of announcing my entry into the race and
were moved by everyone’s willingness to act on faith.
When I called on progressives for support for a
Mayoral run, progressives responded. But I also
sensed that the reservations in the room were real.
Progressives are certainly ready to vie for the
Mayor’s seat, but, unfortunately, I am not the right
candidate.
There is some good news. Progressives are much
stronger than we were the last time we didn’t field a
challenger for Mayor. Back in ’83, the progressive
movement had not recovered from the Milk/Moscone
assassinations and the subsequent repeal of district
elections. Dianne Feinstein enjoyed great popularity
after soundly squashing a recall effort. She went on
to easily win reelection later that year.
Four years later it appeared as if downtown’s reign
would continue with the front-running candidacy of
John Molinari. His bid, however, was upset when Art
Agnos united San Francisco’s left with a disciplined,
sustained, and effective campaign.
We all know that electoral work is just a part of the
overall effort we need to put forth. There is no
substitute for the basics of organizing and serving
our people so they can live with dignity. I will
always remain committed to the struggle and to
building progressive politics and people power in San
Francisco for the years to come.
Solidarity,
Chris Daly
It would have been a hell of a race, but I respect his decision. Now it’s time to focus on the Board of Supervisors races in 2008.
The Lolla crowd gives it up for Kanye West. Photo by Cambria Harkey.
Notorious for delivering live sets that sound nothing like their album cuts, New York/Philadelphia indie rockers, Clap Your Hands Say Yeah translate surprisingly well to the festival environment. Sure, most songs were unrecognizable, but still enjoyable. Frequently compared to David Byrne, Alec Ounsworth laced his nasally vocals over deconstructed disco-folk instrumentals and the people, well, they rejoiced.
The other side of the park was packed to the brim, with concert-goers eager for a much-needed dose of hip-hop. The Roots delivered. Horn players usually lack street cred, but not under the tutelage of these legendary wailers, who delivered one of the day’s best sets by somehow managing to keep their massive crowd grooving with their trademark big-band spastic sound, all while suggestively flexing their rock muscle. Earlier in the day, Chicago native Rhymefest had gracefully overcome sound difficulties to merge his blue-collar sensibilities with big band grandeur in a powerhouse hip-hop set. Although Lupe Fiasco is scheduled for tomorrow, it’s apparent that Lollapalooza could do with more hip-hop.
With a distinctive, fluid voice and some hard-earned chops as a pianist, Regina Spektor’s performance was sweet, but underwhelming. Chalk it up to timing, as she had the misfortune of performing after the Roots, or perhaps the awkwardness of hearing such intimate tunes at a corporate festival, but the much-anticipated appearance of this lovely chanteuse missed the mark.
For a hefty serving of old-school geekiness, no one need look any further than a set by the Hold Steady. These boozy intellectuals have come a long way in a short time, vocalist Craig Finn took a moment in the set to explain: “We started this band four years ago to have enough money for beer and an apartment, and now we’re going to Dublin (next month) to open for the Stones. There is so much joy in what we do here, God bless you. ” Judging by the sea of hands punching at the air through the duration of the set, there was a whole lotta joy in what they crowd was doing there, too.
Despite the fact that Karen O was gussied into a get-up that would make some Folsom Street Fairers blush, the Yeah Yeah Yeahs put on a strong, primal performance.
Try as she might, Ms. O just can’t hold a candle to Ms. Patti Smith. The rock and roll poetess has enamored me in the past, and never disappointed. Even on her Rock ‘n’ Roll hall of fame induction, when every other word was bleeped, she was enthralling. Still, no amount of Patti-worship could have prepared a person for the lady’s performance tonight, Aug. 4, when the heavens aligned to split open.
LOCAL LIVE "I think we might have chosen the wrong drinks for tonight," my friend Damian remarked at the start of an inspiring set by local Appalachian-Gypsy-klezmer folk fusionists Karpov. As they transported us to the unmapped intersection where Kentucky and Romania meet, I could see my buddy’s point. There they were mountain men spinning tar-black tales of loneliness and love run afoul over clarinet twists and robust churns of the accordion. And here we were sipping away on cocktails! We had it all wrong: this was music for straight, pure, unadulterated liquor. Preferably whiskey or vodka, right out of the bottle, diluted by nothing other than maybe a few tears.
Performing songs from last year’s stirring self-released Soliloquy and previewing material intended for its follow-up, the quintet did a convincing job whisking us away from the Tenderloin and dropping us into the distant past in some remote backwoods. Boasting a wise-beyond-its-years voice similar to Will Oldham’s or David Eugene Edwards’s, Andre Karpov recalled the wandering troubadours of a preindustrial age, though here he was backed by a group akin to an Eastern European wedding band prone to brooding from time to time.
Karpov gazed out ruefully "into the distance, where not even my persistence could bring her back to me" on highlight "Further from Me," and the lament was cloaked in shifting shadows, thanks to painterly touches by Joe Lewis (stand-up bass), Jarod Hermann (drums), Sam Tsitrin (accordion), and Aaron Novik (clarinet). The ghosts of regret made other appearances, on "I Won" and "Under the Sun" articulated to spine-tingling effect with snaking clarinet runs and sighing accordion over understated but commanding rhythms. Still, if this was any kind of wedding band, there had to be dancing, and Karpov set the audience’s feet a-stomping on rowdy numbers "Sorry World," "Soliloquy," and crowd favorite "To the Grave," which beckoned my two feet forward with its calls of "the fog has lifted, lifted away, so come on out children, come out and play." No problem there, Karpov. Next time, though, I’ll bring the whiskey. (Todd Lavoie)
The CIA maintains a number of "black sites" around the world where suspected terrorists are "disappeared." You can get a recipe for Irish Eyes Chicken Pot Pie or instructions on how to commit suicide on the Internet. Thousands of starlings spontaneously converge in a suburb in Rome where Benito Mussolini once planned on holding an exhibition celebrating Fascism. I love having dreams. There are more than 130 revolving restaurants around the world.
These are all interesting tidbits. But what do they mean? While they may sound like the search results of indiscriminate Web surfing, all are factual elements found in Yerba Buena Center for the Arts’ "Dark Matters: Artists See the Impossible," curated by René de Guzman. Although organized around secrecy and the unexpected, this group exhibition deals more with what can be found than what is hidden.
Perhaps surrealist André Breton was predicting the future of curation with his juxtaposition of an umbrella and a sewing machine on an operating table; today randomness rules, and connections are coaxed by the curator and forged by the viewer. This show exemplifies such a process. For example: Sergio Prego’s video Black Monday (2006) is a mesmerizing parallax view of a small explosive going off in the artist’s studio. You get every awesome angle, and the cloud is suspended midboom. (I always wondered if the tests at Bikini Atoll were done so more military personnel would have a chance to glimpse the aesthetic wonder that is the atomic bomb.) Kitty-corner from Black Monday is Heaven Can Wait (2001ongoing), a video installation by artist team Bull.Miletic showing more parallax views, this time from revolving restaurants around the globe, including the Equinox at the Hyatt Regency in San Francisco. Was it Steve McQueen who starred in The Parallax View, shot from the revolving restaurant atop the Space Needle? Or was Breton predicting the Internet and how randomness is curated into blogs? What was I blogging? I mean, saying?
It’s well known that the CIA performs secret operations under fancy code names. Trevor Paglen has compiled a list everything he could find, from Able Ally to Zodiac Beauchamp. "Dark Matters" includes a very tall wall full of them. The piece is called Codename (200107). Paglen told me he knows what a handful of the named operations are about, but if he talked to the wrong person, they might mistake him for a crackpot conspiracy theorist. Secret planes where? Extraordinary rendition what? Unmarked airplanes why? But Paglen is not a crackpot. He is an artist, writer, and experimental geographer. Information thus arranged and presented what do we do with it? At this very moment, the CIA is torturing people at secret facilities in the name of our freedom. But what I want to know is, whatever happened to Bronski Beat? We do not want to think, much less believe, that the US government runs secret prisons. So we don’t.
Robert Oppenheimer once said or wrote, I forget "It is a profound and necessary truth that the deep things in science are not found because they are useful; they are found because it was possible to find them." I thought I used that quote in some other art review because I liked it so much. So I Googled "kurtz oppenheimer." What I got instead was a live-sex webcam chat. How many degrees to Internet sex? Not many. Listening Post (200206), by Ben Rubin and Mark Hansen, demonstrates as much. Spinal columns of digital screens climb from floor to ceiling. A suite of seven programmed actions culls live chats from the Internet, which scroll across the screens. One is set to grab anything beginning with "I love" or "I like." It’s harder to determine the organizing principle of the other movements, but the very public exposition of very private conversations is discomfiting. And absorbing all those desires scrolling by. And you thought you were the only one!
Did you know that there is no alpha leader in a flight of birds? What really occurs is democracy: when just over half of the birds begin to tilt in one direction, the rest follow. I saw that on the Internet somewhere. Richard Barnes, Charles Mason, and Alex Schweder were all in Rome, hanging out and making art. Unbeknownst to the others, each of them became fascinated with the mass starling convergence at Esposizione Universale di Roma. Murmurs (2006) consists of Barnes’s photography, Mason’s sound, and Schweder’s video. Starlings have binocular vision. Who knew?
Left on its own, information will eventually organize itself. What remains is the question of credibility. One of the things I named in the first paragraph is not found in the exhibition. Or maybe two. *
DARK MATTERS: ARTISTS SEE THE IMPOSSIBLE
Through Nov. 11
Tues.Wed. and Fri.Sun., noon5 p.m.; Thurs., noon8 p.m.
Is there any hope for my husband, who is not able to launch since he’s on tons of meds (diabetes, high blood pressure, high cholesterol, etc.)? He’s too embarrassed to ask the doctor, and asking would mean yet another pill. Could he be depressed? Are you the one to speak to?
Love,
Nothing Happening Here
Dear Haps:
I can be spoken to, but your husband is going to have to speak up for himself. The doctors should ask, but they often don’t want to or just don’t. Specialists especially tend to be interested in the parts they’re assigned to and may not remember that your husband has a penis or a wife or anything unimportant like that. If you’re concerned about something that just isn’t that doctor’s pet thing, you may have to nag a bit or call them and ask if they’ve looked into that thing they said they’d look into. (Doctors enjoy looking into things.) You may have to get a new doctor.
There may be hope for your husband (and you! don’t forget you!), but it may take a while to unsnarl things. Diabetes can cause erectile dysfunction all by itself, as can blood pressure meds. There’s another intriguing possibility that may be worth at least a mention: both forms of diabetes, although they are otherwise dissimilar, can cause low testosterone in men. It can be hard to determine because they have to look for "free" unbound by the protein that carries sex hormones around in the blood testosterone, which requires a special test, and the whole issue is still a little controversial, but it’s worth a look, since it’s a pretty simple fix. I found about a zillion articles on this by looking up "diabetes testosterone," and so can he, if he ‘s so inclined.
And finally, you ask, could he be depressed? Oh, very likely, I say, but if it’s situational it’s at least worth a try to fix the situation, isn’t it? It’s possible that there is no combination of meds that will help, or it may be that there is help but it is irksome and invasive, like a penile implant or shots. One thing I know for sure, though, is that sitting around feeling broken and hopeless never gave anyone a hard-on. (Yeah, yeah, I know. Somebody, somewhere. Sigh.)
Love,
Andrea
Dear Andrea:
It was love at first sight for my husband, but not for me. I tried to dump him but realized that I couldn’t live without him he was the most wonderful human I had ever met, period. I still wasn’t in love, and he was OK with that. Sex was great in the beginning but quickly became a chore. I meet other men to whom I am attracted but never have been tempted.
The sex is bad because (don’t scream!) he’s overweight, really has no clue about basic things like kissing, and comes after three minutes. We talk about feelings and dissatisfaction constantly. I give clear instructions, but he forgets them immediately (funnily, we have exactly the same problem with cleaning!). But in every other way, he is beautiful, kind, and the person I was looking for all my life.
I make no effort because he lacks skills and endurance and can’t or won’t fulfill my needs. He swears he will get fitter and will try harder to fulfill me psychologically and physically. I know I have become a bit castrating, but he expects me to pick up where his mom left off in other parts of our lives, which is not helping our sex life.
I’m not sure that I can rebuild a hot sex life that barely existed to begin with. Maybe he just isn’t right for me and I can’t accept it. We need a sex therapist but have no idea of how to find one who’s legitimate. How do we repair something like this when we both have already talked ourselves blue in the face for several years?
Love,
Bored by the Bay
Dear BBB:
Oh, ugh, you’re not bored, you’re seething with resentment. Both of you. If this were just about skills or duration of erection, I wouldn’t be hearing about how he expects you to be his mommy or how fat he is. Nor would you ever have had great sex to hold up against the current lackluster offerings. Apparently he doesn’t clean the bathroom? And then he doesn’t keep a hard-on? And you yell at him about both of them? Stop that! Sit down together and comb over your budget until you find enough free cash to hire a housecleaner and a licensed marriage and family therapist. (You find the name of someone convenient and affordable in a referral database and ask them some questions and hire them if you get good answers or call somebody else. It isn’t rocket surgery.) Neither cleaner nor therapist needs to be a sex specialist. Husband can learn technique from books, or from you, but you don’t seriously believe he forgets every time, do you? This isn’t one of those forgetting-stuff movies. He’s mad at you.
Love,
Andrea
Andrea is home with the kids and going stir-crazy. Write her a letter! Ask her a question! Send her your tedious e-mail forwards! On second thought, don’t do that. Just ask her a question.
CHEAP EATS First windmills we saw were in Wyoming, and I was in the back of the van writing about Don Quixote. So that was cool. I like stuff like that. Then in Nebraska it was my turn to drive and we went through a tornado. It was just getting dark out, and at first this was amazing. Lightning was everywhere all at once not just bolts but balls and flowers and roadmaps. Explosions of pure pyromania, like fireworks or a war zone. One of the most beautiful things I’ve ever seen.
I was in the van by myself. For a while we had two cars, and Phenomenon was in the other one with Fiddlesticks and our fearless leader, Chief. So they had all the bravery with them, but I had the snacks.
The van goes like a boat in the wind. I was giggling and hooting, scanning my music for something to live up to the light show. I had snacks and iTunes. When a speed limit sign twisted out of the ground and flew away, things changed for me and I very immediately had back problems. Neck. Shoulders. If I lived, I was going to need a massage.
Besides bravery, the other car had all of our toll money and leadership skills, but for some reason me and snacks were calling the shots. So long as I didn’t see any actual twisters, and I didn’t, my strategy, now that we were in it, was to just keep driving. The lightning was indistinguishable from the thunder, or anything else. Everything was just light and noise, rain and us, all rolled up and rolling. My knuckles hurt.
Drive, drive, drive, drive, drive, and then right when we’d finally outrun the mayhem, my fuel light came on. I got off at the next exit and gassed up, sirens whooping from all the nearby Nebraska towns and the wind whipping plastic cup can lids around my ankles. The food mart woman was standing in the doorway of the store saying, "Tornado."
"Which way’s it coming?" I asked.
"From the west," she said. Like us, meaning: my massage would have to wait. Not wanting to tempt the tempest, we skedaddled. We dragged that weather system all the way across Nebraska and never got wet.
I ate some wonderful food in Youngstown, Ohio, of all the crazy places. My hometown. We played outside in an alley at this café called Selah, and they fed me ricotta gnocchi with fresh spinach and cream sauce that was as good as any gnocchi I’ve eaten in any San Francisco restaurant. So I take back everything I ever said about my old hometown.
Even though technically Selah is in Struthers.
And then this morning I woke up in my other old hometown, Portsmouth, N.H., where I ate brick oven pizza that rivaled Tomasso’s and top-notch carne asada burritos across the river in Kittery, Maine (of all the other crazy places). Loco Coco or Coco Loco. Southern California transplants, I believe, but they do put rice in their burritos, and I’d just as soon have another one of those than anything I can think of in the Mission.
I’m not saying all this to dis my city. It’s more like: Hey, look at this! Or: Wish you were here. It’s a postcard. And I do wish you were here, and also wish I were there, instead of in the back of a van spinning down the East Coast now, Earl Butter at the wheel, Phenomenon all neck-cricked next to him, drooling into his western shirt.
We lost our fiddler and our chief, Chief, and picked up Mr. Butter, who is rapidly becoming every old person’s favorite young person. On the other hand, he’s not entirely certain he’s a licensed driver anymore. And he’s driving. I backed into a deck a couple days ago and sharded our back window into all our gear and sleeping stuff. Now we’re counting on plastic and duct tape to keep our stuff in and the weather out.
After seven shows in three days in Bangor, Maine, I’d had it up to here with outrageous friendliness, mosquitoes, and "King of the Road."
If all goes as planned, tomorrow we will wake up near an unpronounceable, unspellable tidal river in Rhode Island, and we’re going to rake for clams and hopefully have some homemade chowder for breakfast.
Then: Providence. Then: Albany, N.Y. Then: Bikkets’s wedding, and then, old folks be damned, we start sallying slowly back to home-sweet-home and my new favorite restaurant. *
Every once in a while it happens, and this time he comes courtesy of Sneaker Pimps’ buy-trade-swap event at Mighty on Saturday, Aug. 11. Also performing live: Kid Capri, J-Billion, and Selecta Trasha. Art installations by Bigfoot, Misk 1, David Lee, Peekaboo and Angrywoebots will be up, and FTC and Western Edition will give a live skate demo at this 21-and-older event at 119 Utah St, SF. $17 advance. Now explain to me what a “sneaker lifestyle show” is, exactly?
Last week’s joke was that while Dick Cheney was in the hospital, having the tires on his pacemaker rotated, he temporarily transferred the powers of the presidency to George W. Bush. This is clever, but Mr. Bigdee’s imperial vice presidency is otherwise no laughing matter. Bush himself, meanwhile, having failed as a warlord, seems to be donning the mantle of laughingstock. Recently his intestinal polyps were much in the news. Not since Ronald Reagan was eating TV dinners in the White House has the public been favored with such detailed reports about the president’s bowels.
Bush’s bumper crop of precancerous growths can’t really come as a surprise to anyone who’s read former White House chef Walter Scheib’s recent book, White House Chef: Eleven Years, Two Presidents, One Kitchen. The Bush family, Scheib tells us, is big on things like grilled beef, bologna sandwiches on white bread with Miracle Whip, and other such hearty, tasty, macho stuff that’s perfectly safe to eat once a year. But when you fill your gut every day with red meat and fat and other industrially processed crud, you can expect trouble down the line at some point, no matter how conscientiously you pedal around on your mountain bike.
Memo to the Bushes: eat a fucking pluot! Or a black plum, if pluots make you squirm or you can’t pronounce the word. Have some cantaloupe they’re in season, they’re fabulous and cheap, they have orange flesh, and orange flesh is good for you. Blueberries: who doesn’t like these? And they’re all over markets these days. Blueberries are dark, and dark-fleshed fruits and vegetables are good for you. Blackberries are coming into season, and they can be foraged even in the middle of cities. Good for you. Get it?
While I can’t say I’m passionately sympathetic to the physical troubles of our dear leaders a pair of oafs whose foul-ups will take generations to remedy, and if they both resigned tomorrow for health reasons, who would weep? but their health woes do help remind us that such woes are largely a matter of personal dietary choice. Heart disease and intestinal polyps tending toward cancer don’t just happen; they aren’t just a matter of bad luck. Eating is destiny, so … choose wisely, eat well, live long, and prosper.
Oaxaca, Mexico Those of us who report from the front lines of the social-justice movement in Latin America share an understanding that there’s always a bullet out there with our name on it. Brad Will traveled 2,500 miles, from New York to this violence-torn Mexican town, to find his.
Throughout the summer and fall of 2006, the southern Mexican state of Oaxaca was on fire. Death squads, the pistoleros of a despised governor, rolled through the cobblestoned streets of this colonial capital, peppering with automatic weapon fire the flimsy barricades erected by masked rebels. Hundreds were killed, wounded, or imprisoned.
Will, a New York Indymedia videojournalist, felt he had to be there. Xenophobia was palpable on the ground when Will touched down. Foreign journalists were attacked as terrorists by the governor’s sycophants in the media: "Si ves un gringo con cámara, matanlo!" the radio chattered if you see a gringo with a camera, kill him!
For much of the afternoon of Oct. 27, Will had been filming armed confrontations on the barricades just outside the city. He was trapped in the middle of a narrow street while gunshots boomed all around him, but he kept filming, looking for the money shot.
And he found it: on his final bits of tape, two clearly identifiable killers are perfectly framed, their guns firing. You hear the fatal shot and experience Brad’s shudder of dismay as the camera finally tumbles from his hands and bounces along the sidewalk.
By all visible evidence, Brad Will filmed his own murder. But this is Mexico, where justice is spelled impunity and Will’s apparent killers continue to ride the streets of Oaxaca, free and, it seems, untouchable.
Curiously, this egregious murder of a US reporter in Mexico has drawn minimal response from US Ambassador Tony Garza, an old crony of President George W. Bush. Why this lack of interest? Can it be that Washington has another agenda that conflicts with justice for Will the impending privatization of Mexican oil?
HEADING SOUTH
Will was once a fire-breathing urban legend on Manhattan’s Lower East Side. Whether perched atop the Fifth Street squat where he had lived for years and waving his long arms like Big Bird as the wrecking ball swung in, or being dragged out of City Hall dressed as a sunflower while trying to rescue the neighborhood’s community gardens, this child of privilege from Chicago’s wealthy North Shore was a legitimate street hero in the years before the World Trade Center towers collapsed and the social-change movement in New York City went into deep freeze.
Will hosted an incendiary weekly show on the New York pirate station Steal This Radio and was an early part of Indymedia, the Web publishing experiment born during the "Battle of Seattle," the World Trade Organization protests that rocked that city in 1999.
With his long hair neatly tied back and parted down the middle, with his granny glasses and fringe beard, and with his fierce commitment to building community, Will seemed to have emerged whole from a more utopian time in America.
He was an independent journalist, one of the growing number of people, such as Josh Wolf in San Francisco, who use the Internet and their video cameras to track and report on social moments and injustice. He wore no credential from any major news organization. But using outlets like Indymedia, he like Wolf, who spent seven months in prison to avoid giving the police a copy of his video outtakes represented part of the future of journalism.
Will’s journey to the land where he would die began right after Sept. 11, 2001. Dyan Neary, then a neophyte journalist, met Will in a South Street skyscraper elevator coming down from the WBAI studios from which Amy Goodman broadcast soon after the terrorist attacks.
"We walked down the piles. They were still smoking," Neary remembered in a phone call from Humboldt County. "We were both really scared. We thought this was not going to be resolved soon. Maybe never. So we thought we should go to Latin America, where people were still fighting."
Will and Neary spent most of 2002 and 2003 roaming the bubbling social landscape of Latin America. In Fortaleza, Brazil, they confronted the director of the Inter-American Development Bank during riotous street protests. They journeyed to Bolivia too and interviewed Evo Morales, not yet the president. They traveled in the Chapare rainforest province with members of the coca growers’ federation. They hung out in Cochabamba with Oscar Olivera, the hero of the battle to keep Bechtel Corp. from taking over that city’s water system. Everywhere they went, they sought out pirate radio projects and offered their support.
In February 2005, Will was in Brazil, in the thick of social upheaval, filming the resistance of 12,000 squatters at a camp near the city of Goiânia in Pernambuco state, when the military police swept in, killing two and jailing hundreds. On his videos, you can hear the shots zinging all around him as he captured the carnage. Will was savagely beaten and held by the police. Only his US passport saved him.
Undaunted by his close call, Will picked up his camera and soldiered back through Peru and Bolivia, and when the money ran out, he flew back to New York to figure out how to raise enough for the next trip south. He was hooked. In early 2006, drawn like a moth to flame, he was back, tracking Subcomandante Marcos and the Zapatistas’ Other Campaign through the Mayan villages on Mexico’s Yucatán Peninsula.
In the spring of 2006, Will was back in New York as he tracked the Other Campaign and the incipient rebellion in Oaxaca on the Internet from his room in Williamsburg. (The rent gougers had forced him out of the Lower East Side.) He was poised to jump south again, friends say, but was worried that he would just be one more white guy getting in the way.
In the end, the lure of the action in Oaxaca pulled him in. He bought a 30-day ticket, caught the airport shuttle from Brooklyn to John F. Kennedy International Airport, and flew south Sept. 29. His return was set for Oct. 28. He never made that flight.
THE COMMUNE OF OAXACA
A mountainous southern Mexican state traversed by seven serious sierras, Oaxaca is at the top of most of the nation’s poverty indicators infant mortality, malnutrition, unemployment, and illiteracy. Human rights violations are rife. It’s also Mexico’s most indigenous state, with 17 distinct Indian cultures, each with a rich tradition of resistance to the dominant white and mestizo overclass. Oaxaca vibrates with class and race tensions that cyclically erupt into uprising and repression.
The Party of the Institutional Revolution, or PRI, ruled Mexico from 1928 to 2000, the longest-running political dynasty in the world. The corrupt organization was dethroned by the right-wing National Action Party (PAN) and its picaresque presidential candidate, Vicente Fox, former president of Coca Cola México.
But in Oaxaca, the PRI never lost power. While voters were throwing off the PRI yoke all over the rest of the country, in Oaxaca one PRI governor had followed another for 75 years. The latest, Ulises Ruiz Ortiz, a protégé of party strongman and future presidential candidate Roberto Madrazo, won a fraud-marred election over a right-left coalition in 2004.
In the first 16 months of his regime, Ruiz proved spectacularly unresponsive to the demands of the popular movements for social justice. When, on May 15, 2006, National Teachers Day, a maverick, militant local of the National Education Workers Union known as Section 22 presented its contract demands, Ruiz turned a deaf ear. Then, on May 22, tens of thousands of teachers took the plaza and 52 surrounding blocks and set up a ragtag tent city. Each morning the maestros would march out of their camp and block highways and government buildings, which were soon smeared with anti-Ruiz slogans.
Ruiz retaliated before dawn June 14, sending 1,000 heavily armed police officers into the plaza to evict the teachers. Low-flying helicopters sprayed pepper gas on the throng below. Ruiz’s police took up positions in the colonial hotels that surround the plaza and tossed down concussion grenades from the balconies. Radio Plantón, the maestros’ pirate radio station, was demolished and the tent city set afire. A pall of black smoke hung over the city.
Four hours later a spontaneous outburst by Oaxaca’s very active community, combined with the force of the striking teachers and armed with clubs and Molotov cocktails, overran the plaza and sent Ruiz’s cops packing. No uniformed officers would be seen on the streets of Oaxaca for many months. And on June 16, two days after the monumental battle, 200,000 Oaxacans marched through the city to repudiate the governor’s "hard hand." The megamarch was said to extend 10 kilometers.
John Gibler, who closely covered the Oaxaca uprising as a human-rights fellow for Global Exchange, wrote that the surge of the rebels June 14 soon transformed itself into a popular assembly. The Oaxaca Peoples Popular Assembly, or APPO, was formally constituted June 21. The APPO had no leaders but many spokespeople, and all decisions had to be made in assemblies.
A CITY PARALYZED
For the next weeks, the actions of the APPO and Section 22 paralyzed Oaxaca but the rest of Mexico took little notice. Instead, the nation was hypnotized by the fraud-marred July 2 presidential election in which a right-wing PAN-ista, Felipe Calderón, had been awarded a narrow victory over leftist Andrés Manuel López Obrador, the candidate of a coalition headed by the Party of the Democratic Revolution. López Obrador was quick to cry fraud, pulling millions into the streets in the most massive political demonstrations in Mexican history. Oaxaca still seemed like small potatoes.
But Oaxaca is an international tourist destination, and the APPO and Section 22 protests had closed down the tourist infrastructure, blocking the airport and forcing five-star hotels to shutter their doors. On July 17, Ruiz was forced to announce the cancellation of the Guelaguetza, an indigenous dance festival that has become Oaxaca’s premiere tourist attraction, after roaming bands of rebels destroyed the scenery and blockaded access to the city.
Ruiz began to fight back. By the first weeks of August, the governor launched what came to be known as the Caravan of Death a train of 30 or 40 private and government vehicles rolling nightly, firing on the protesters. Ruiz’s gunmen were drawn from the ranks of the city police and the state ministerial police.
To keep the Caravan of Death from moving freely through Oaxaca, the APPO and the union threw up barricades; 1,000 were built in the working-class colonies throughout the city and its suburbs. The rebels piled up dead trees, old tires, and burned-out cars and buses to create the barricades, which soon took on a life of their own; murals were painted using the ashes of the bonfires that burned all night on the barriers. Indeed, the barricades gave the Oaxaca struggle the romantic aura of the Paris Commune uprising of 1871 and attracted droves of dreadlocked anarchists to the city.
An uneasy lull in the action gripped Oaxaca on Oct. 1, when Will arrived at the bus terminal, then found himself a cheap room for the night. The break wouldn’t last long.
ON THE BARRICADES
Like most non-Mexicans who style themselves as independent reporters, Will had no Mexican media credential and therefore was in the country illegally, working on a tourist visa and susceptible to deportation. To have some credential other than his Indymedia press card to hang around his neck, he got himself accredited with Section 22 and wore the rebel ID assiduously.
On Oct. 14, APPO militant Alejandro García Hernández was cut down at a barricade near Símbolos Patrios, a downtown plaza. Will joined an angry procession to the Red Cross hospital where the dead man had been taken.
In the last dispatch he filed from Oaxaca, on Oct. 16, Will caught this very Mexican whiff of death: "Now [García Hernández lies] waiting for November when he can sit with his loved ones on the day of the dead and share food and drink and a song … one more death one more martyr in a dirty war one more time to cry and hurt one more time to know power and its ugly head one more bullet cracks the night."
The dynamic in Oaxaca had gotten "sketchy," Will wrote to Neary. Section 22 leader Enrique Rueda Pacheco had cut a deal with the outgoing Fox government and forced a back-to-work vote Oct. 21 that narrowly carried amid charges of sellout and payoffs. If the teachers went back to work, the APPO would be alone on the barricades and even more vulnerable to Ruiz’s gunmen. But backing down was not in the assembly’s dictionary, and the APPO voted to ratchet up the lucha (struggle) and make Oaxaca really ungovernable.
Mobile brigades were formed young toughs armed with lead pipes and nail-studded boards who hijacked buses still running in the city, forced the passengers off, and rode around looking for action. Later the buses would be set afire. Charred hulks blossomed on the streets of the old colonial city. The barricades were reinforced to shut down the capital beginning Oct. 27.
The escalation proved to be a terrible miscalculation. In Mexico City the postelectoral turmoil had finally subsided, and PAN was ready to deal with the PRI; bailing out the governor of Oaxaca was the PRI’s price of admission.
It wasn’t a good time for inexperienced foreigners. Ruiz’s people were checking the guest lists at the hostels for "inconvenient" internationals. Immigration authorities threatened extranjeros with deportation if they joined the protests. The local US consul, Mark Leyes, warned Americans that he would not be able to help them if they got caught up in the maelstrom.
Adding to this malevolent ambiance, a new pirate station popped up Oct. 26. Radio Ciudadana (Citizens’ radio) announced it was broadcasting "to bring peace to Oaxaca" and to celebrate the honor of "our macho, very macho governor." The announcers seemed to have Mexico City accents. Wherever they had been sent from, they let loose with a torrent of vitriolic shit stuff like "We have to kill the mugrosos [dirty ones] on the barricades." The extranjeros, the radio said, were stirring up all the trouble: "They pretend to be journalists, but they have come to teach terrorism classes."
More frightening was this admonition: "Si ves un gringo con cámara, matanlo!" "If you see a gringo with a camera, kill him!"
This poison spewed out of local radios all day Oct. 26 and 27, but whether Will heard the warnings and if he did, whether knew what they meant is unclear. He didn’t speak much Spanish.
SHOT IN THE CHEST
On Oct. 27, Will went out to do interviews on the barricade at Santa María Coyotepec, about 20 kilometers from the city. The three barricades at Coyotepec, Cal y Canto, and La Experimental were crucial to closing down Oaxaca the next day. The broad Railroad Avenue where the barricade was stacked was empty. Nothing was moving. Will walked on to the next barricade at La Experimental to check out the action.
Soon after the Indymedia reporter left, all hell broke loose at Cal y Canto. A mob of about 150 Ruiz supporters stormed down Railroad Avenue, led by what witnesses thought was a Chevy Blazer. The vehicle was moving very fast. "We thought it would try and crash through the barricade," Miguel Cruz, an activist and witness, recalled. But the SUV stopped short, and several men jumped out with guns blazing. The APPO people hunkered down behind the makeshift barrier and moved the women and kids who were with them into a nearby house. Then they went on the counterattack with Molotov cocktails, homemade bazookas that fired bottle rockets, and slingshots. Most of the mob had melted away, and with the gunmen retreating, the rebels torched their vehicle.
Will heard about the gunfire and hurried back to Cal y Canto with a handful of other reporters. They arrived a little after 3 p.m.
Will climbed under a parked trailer to film the shooters. He focused on a man in a white shirt. When an APPO activist (who is not seen on the videotape) came running by, Will indicated the shooter "Camisa blanca." While all this was going on, the camera captured a bicyclist peddling dreamily through the intersection. Soon after, a large dump truck appeared on the scene, and the group on the barricade used it as a mobile shield as they chased the gunmen down the avenue.
Suddenly, the pistoleros veered down a narrow side street, Benito Juárez, and took refuge in a windowless, one-story building on the second block. The only access to the building was through a large metal garage door, and the reporters followed the APPO militants, many of whom were masked, as they tried to force their way in. Will stood to one side of the door for a minute, poised for the money shot. Then the compas tried unsuccessfully to bust down the big door by ramming the dump truck into it.
In the midst of this frenzy, five men in civilian dress two in red shirts (the governor’s color) and the others in white appeared at the head of Benito Juárez, about 30 meters away, and began shooting at the rebels.
Two of the gunmen were later identified by Mexican news media as Pedro Carmona, a cop and local PRI political fixer, and police commander Orlando Manuel Aguilar Coello. One of those in the white shirts, crouched behind Carmona, was Abel Santiago Zárate, a.k.a. El Chino. Santiago Zárate and Aguilar Coello were reported to be the personal bodyguards of municipal president Manuel Martínez Feria of the PRI. The other two would later be fingered as Juan Carlos Soriano, a.k.a. El Chapulín (the grasshopper), and Juan Sumano, both Santa Lucía del Camino police officers. All five are eminently identifiable in the film Will shot just moments before the bullets hit him.
When the shooting erupted, Will took cover on the opposite side of the narrow street from the rest of the media. He was crouched against a lime green wall when the first bullet came. On the video soundtrack, you can hear both the shot and Will’s cries of dismay as it tore through his Indymedia T-shirt and smashed into his heart. A second shot caught him in the right side and destroyed his innards. There was little blood spilled, the first slug having stopped his heart.
In footage that witness Gustavo Vilchis and others filmed, the entrance wound of the first shot looks like a deep bruise. The second shot was not recorded on the soundtrack and may have been fired simultaneously with the first.
Others were shot in the pandemonium. Oswaldo Ramírez, filming for the daily Milenio, was grazed. Lucio David Cruz, described as a bystander, was hit in the neck and died four months later.
As Will slid down the wall into a sitting position, Vilchis and activist Leonardo Ortiz ran to him. Will’s Section 22 credential had flown off, and no one there knew his name. With bullets whizzing by, the compas picked Will up and dragged him out of the line of fire and around the corner to Árboles Street, about 35 paces away. Along the way, his pants fell off.
"Ambulance! We need an ambulance! They’ve shot a journalist!" Vilchis, a tall young man with a face like an Italian comic actor’s, shouted desperately. Gualberto Francisco, another activist, had parked his vochito (Volkswagen Bug) on Árboles and pulled up alongside Will, who was laid out on the pavement in his black bikini underwear.
Ortiz and Vilchis loaded the dying Will into the back seat. They thought he was still breathing, and Vilchis applied mouth-to-mouth resuscitation. "You’re going to make it … you’re all right," they kept telling him. But Will’s eyes had already turned up he was perdido (lost), as they say in Mexico.
The vochito ran out of gas, and while the frantic young men ferrying Will were stuck in the middle of the Cinco Señores crossroad, it began to rain hard. They tried to stop a taxi to take them to the Red Cross, but the driver supported the government and wanted to argue. Finally, they flagged down a pickup truck and laid Will out in the bed. He was dead when he arrived at the hospital, according to the report by the coroner, Dr. Luis Mendoza.
THE OUTRAGE BEGINS
Oct. 27 was the bloodiest day of the Oaxaca uprising. Four people were killed besides Will: Emilio Alonso Fabián, Esteban Ruiz, Esteban López Zurita, and Audacia Olivera Díaz.
Unlike their murders, Will’s death triggered international outrage. Because he was so connected and because much of the episode was recorded on film the shot of the mortally wounded Indymedia reporter lying in the middle of a Oaxaca street went worldwide on the Web in a matter of minutes.
There were instant vigils on both coasts of the United States. On Oct. 30, 11 of Will’s friends were busted trying to lock down at the Mexican consulate off Manhattan’s Park Avenue, where graffiti still read "Avenge Brad!" in December. Anarchists splattered the San Francisco consulate with red paint. Subcomandante Marcos sent his condolences and called for international protests. Goodman did an hour-long memorial.
On March 16, 2007, at its midyear meeting in Cartagena de Indias, Colombia, the Inter-American Press Association, an organization devoted to freedom of speech and the press in the Americas, passed a resolution calling for action on the Will case.
"The investigation into the killing has been plagued by irregularities and inconsistencies, and no arrests have been made," the group said in a statement. IAPA called for the federal attorney general to take over the investigation, "in view of the lack of confidence in state authorities and the lack of progress in the case, so that it may apprehend the culprits, who, according to one theory of the investigation, may be indirectly linked to state authorities."
The official reaction to Will’s death was more cautious. "It is unfortunate when peaceful demonstrations get out of hand and result in violence," a US spokesperson told the media, seeming to blame the APPO for Will’s killing. After once again warning Americans that they traveled to Oaxaca "at their own risk," Ambassador Garza commented on the "senseless death of Brad Will" and how it "underscores the need for a return to the rule of law and order."
"For months," he said, "violence and disorder in Oaxaca have worsened. Teachers, students, and other groups have been involved in increasingly violent demonstrations."
Garza’s statement sent Fox the signal he had been waiting for. Now that a gringo had been killed, it was time to act. The next morning, Oct. 28, 4,500 officers from the Federal Preventative Police, an elite force drawn from the military, were sent into Oaxaca not to return the state to a place where human rights, dignity, and a free media are respected but to break the back of the people’s rebellion and keep Ruiz in power.
On Oct. 29 the troops pushed their way into the plaza despite massive but passive resistance by activists, tore down the barricades, and drove the commune of Oaxaca back into the shadows.
In Mexico the dead are buried quickly. After the obligatory autopsy, Brad’s body was crated up for shipment to his parents, who now live south of Milwaukee. After a private viewing, the family had him cremated.
SHAM ACCOUNTABILITY
Killing a gringo reporter in plain view of the cameras (one of which was his own) requires a little sham accountability. On Oct. 29 the state prosecutor, Lizbeth Caña Cadeza, announced that arrest warrants were being sworn out for Santiago Zárate and Aguilar Coello, two of the five cops caught on film gunning Will down, and they were subsequently taken into custody.
The scam lost currency two weeks later when, on Nov. 15, Caña Cadeza dropped a bombshell at an evening news conference: the cops hadn’t killed Will, she said; he was shot by the rebels.
Will’s death, she insisted, had been "a deceitful confabulation to internationalize the conflict" and was, in fact, "the product of a concerted premeditated action." The mortal shot had been fired from less than two and a half meters away, Caña Cadeza said although there is nothing in the coroner’s report to indicate this. The real killers, she said, were "the same group [Will] was accompanying."
In the state prosecutor’s scenario, the order of the shots was reversed: first Will had been shot in the side on the street, then rematado (finished off) with a slug to the heart on the way to the hospital in Francisco’s vochito.
The prosecutor’s plot was immediately challenged by the APPO. "The killers are those who are shown in the film," Florentino López, the assembly’s main spokesperson, asserted at a meeting that night.
And in fact our detailed investigation shows that there is very little evidence to support Caña Cadeza’s theory. Photos from the scene, some published in the Mexican media, show Will’s body with a bloody hole in his chest on the street near where he fell indicating that his fatal heart wound occurred well before he was dragged into the car where he was supposedly shot.
There’s another problem with the prosecutor’s suggestion: nobody on the scene saw any APPO members, or anyone except the authorities, carrying guns. This reporter has talked to numerous eyewitnesses, and all told the same tale: the rebels at the barricade that day had no firearms with which they could have shot Will.
Miguel Cruz, who spent much of Oct. 27 with Will, first at the Council of Indigenous People of Oaxaca, of which he is a member, and then on the barricade at Cal y Canto and on Juárez Street, is a soft-spoken young Zapotec Indian, but he pounded vehemently on the kitchen table when he addressed Caña Cadeza’s allegations.
"The compañeros had no guns. What gun is she talking about? They had slingshots and Molotovs but no guns. The PRI-istas and the cops had their .38s, and they were shooting at us," he said. "We were trying to save Brad Will’s life, not to kill him."
And if Caña Cadeza had any proof of her allegations, she likely would have filed charges. But none of the protesters or Will’s companions has been formally charged with the killing. Prosecutors have never publicly presented the alleged murder weapon.
But by the time Caña Cadeza told her story, of course, the only way to determine for sure the order of the bullets and the distance from which they had been fired would have been to exhume Will’s body. And there was no body; he had been cremated the week before.
On Nov. 28, Santiago Zárate and Aguilar Coello were released from custody by Judge Victoriano Barroso because of "insufficient evidence," with the stipulation that they could not be rearrested without the presentation of new evidence.
Caña Cadeza, who is now running as a PRI candidate for the state legislature, collaborated closely on the case with Oaxaca secretary of citizen protection Lino Celaya. Both reported to Ruiz’s secretary of government, Heliodoro Díaz, who in turn reported directly to the governor. There seems little doubt that the prosecutor’s accusations of murder against Will’s comrades and the determination of innocence for the apparent killers came straight from the top.
ON THE EVIDENCE TRAIL
Dr. Mendoza was occupied when I stopped by the Oaxaca city morgue to ask for a copy of the autopsy report on which the state has based its allegations.
"Will died eight months ago," Mendoza complained testily. "Do you know how many others have died since? How many autopsies I’ve performed?" He gestured to a morgue room where cadavers were piled up.
The coroner was scrunched over his desk, filling out the paperwork for one of the dead. He didn’t have any time to look for the autopsy report. I was not the first reporter to ask him about the document. "What paper are you from anyway?" he asked suspiciously, and when I showed him my media card, he told me that it didn’t sound like a real newspaper to him. "I know what I’m doing. I worked as a coroner in your country," he snapped defensively and waved me out of the office.
But Mendoza might not be quite as cocksure as he sounded. A senior agent for the US government in Oaxaca, who asked not to be named in this article, told me later that Mendoza confided to him that he was no ballistics expert, nor could he determine from how far away the bullets were fired.
I walked into the police commissary under the first-floor stairs of the Santa Lucía del Camino Municipal Palace. The small room was crowded with cops and cigarette smoke. Three of the officers were in full battle gear, and the rest were plainclothes. I had been warned not to ask for Carmona, the most prominent red shirt on Will’s film. Carmona is described as a prepotente i.e., a thug with an attitude who is always packing.
Instead, I asked the desk clerk if I could get a few minutes with Santiago Zárate and Aguilar Coello. For all I knew, the two were sitting in the room behind me. The desk clerk studied my card. "Qué lástima!" he exclaimed what a shame. Santiago Zárate had just left and wouldn’t be back until after six. Aguilar Coello was off that day. When I called back after six, Santiago Zárate was still not available. Nor were he and Aguilar Coello ever available the dozen or so times I called back.
This sort of stonewalling is not terribly unusual for Mexico, where killer cops often sell their services to local caciques (political bosses) and go back to work as if nothing had happened. Those who direct this sort of mayhem from their desks in the statehouses and municipal palaces the "intellectual assassins," as they are called are never held accountable for their crimes.
A VISIT FROM HOME
In March, Brad’s parents, Kathy and Howard Will, and his older brother and sister paid a sad, inconclusive visit to Oaxaca. They had hired Miguel Ángel de los Santos Cruz, a crackerjack human rights lawyer who has often defended Zapatista communities in Chiapas. Gibler, the Global Exchange human-rights fellow, was the translator.
The Wills, upper-middle-class Americans, had little experience with the kind of evil that lurks inside the Mexican justice system; the trip was a traumatic, eye-opening experience.
The federal Attorney General’s Office had taken over the case from the state in December, but rather than investigating police complicity and culpability, it was pursuing Caña Cadeza’s dubious allegation blaming Will’s companions for his killing.
Gustavo Vilchis, Gualberto Francisco, Leonardo Ortiz, and Miguel Cruz were summoned to give testimony, with the Wills in attendance. Testifying was a risky venture, as the witnesses could have been charged with the murder at any moment, but out of respect for the family, the compas agreed to tell their story to the federal investigators. During the hearing they were repeatedly questioned about and asked to identify not the cops who appear on Will’s film but their own compañeros, some masked, who appeared on tape shot by Televisa, the Mexican TV giant. They refused.
When Los Santos accompanied the Wills to a meeting with Caña Cadeza, she touted her investigation and promised them a copy of its results. But she refused to allow the family to view Will’s Indymedia T-shirt and the two bullets taken from his body. They were, she explained, under the control of Barroso the judge who had cut loose the cops.
THE POLITICS OF OIL
There are larger geopolitics at work here.
The US Department of State has a certain conflict of interest in trying to push first-year Mexican president Calderón to collar Will’s killers. The crackdown in Oaxaca was all about a political deal between Calderón’s PAN and Ruiz’s PRI: if PAN saved the governor’s ass, the PRI would support the president’s legislative package.
Indeed, the PRI’s 100 votes in the lower house of the Mexican Congress guarantee Calderón the two-thirds majority he needs to alter the constitution and effect the change that’s at the top of his legislative agenda opening up Petróleos Mexicanos, or PEMEX, the nationalized petroleum corporation and a symbol of Mexico’s national revolution, to private investment, a gambit that requires a constitutional amendment.
Since then-president Lázaro Cárdenas expropriated Mexico’s petroleum industry from Anglo and American owners and nationalized it in 1938, the United States has been trying to take it back. "Transnational pressure to reprivatize PEMEX has been brutal," observed John Saxe Fernandez, a professor of strategic resource studies at Mexico’s autonomous university, Universidad Nacional Autónoma de México.
During the run-up to the hotly contested 2006 presidential elections, candidates Calderón and López Obrador debated the privatization of Mexico’s national oil corporation before the American Chamber of Commerce in Mexico City; former US ambassador Jeffrey Davidow moderated the debate. When the leftist López Obrador insisted that he would never privatize what belonged to all Mexicans, the business leaders stared in stony silence. The conservative Calderón’s pledge to open PEMEX to private investment drew wild applause. Calderón was, of course, Washington’s horse in the fraud-marred election.
In order to accommodate Washington, Calderón needs a two-thirds majority in the congress and the PRI’s votes in the lower house are crucial to guaranteeing passage of a constitutional amendment. "Without the PRI’s votes, PEMEX will not be privatized. That is why Calderón has granted Ruiz impunity," Saxe Fernandez concluded.
Washington is eager to see PEMEX privatized, which would create an opportunity for Exxon Mobil Corp. and Halliburton (now PEMEX’s largest subcontractor) to walk off with a big chunk of the world’s eighth-largest oil company. Pushing Calderón too hard to do justice for Will could disaffect the PRI and put a kibosh on the deal.
It is not easy to imagine Brad Will as a pawn in anyone’s power game, but as the months tick by and his killing and killers sink into the morass of memory, that is exactly what he is becoming. 2
John Ross is the Guardian‘s Mexico City correspondent. This story was comissioned by the Association of Alternative Newsweeklies and is running in about 20 alternative papers this week.
There’s a curious but significant distinction between a job and a career. A job is something that we (usually) spend a third of our life doing, (usually) in exchange for financial compensation. While a job is inherently meritorious, it also connotes trading time for wages: an eternally losing proposition. Unless it’s paired with "hand" or "blow," there’s a modicum of doom in our breath when we utter the word.
A career, however, seems to hold aloft our daydreams and aspirations. Careers are crafted, built, and achieved. And yet, if we work for too long without keeping focus on our passions, our career sometimes becomes that trap we fall into before we know it, the thing people associate with us but we don’t associate with ourselves. At that point, our career can become the dark mirror that reflects our failure to take a risk. It is our soul death.
So there’s nothing more inspiring than meeting someone who loves what he or she does and gets paid for it. Ultimately, it’s not about getting a high-paying job; it’s about having a career that makes you happy. Lars Larson, master brewer of Trumer Brauerei in Berkeley, is one of those lucky schmucks who are making it on their own terms.
Larson’s path to Berkeley and brewing Trumer Pils has been a long and rewarding one, and it seems to be the result of his paying attention to his instincts. It’s doubtful that any child sets out to oversee an artisan beer operation, but Larson admits he can’t recall a single beer he’s disliked, "even sips of beer I snuck from my dad’s glass as a kid."
Larson spent part of his high school years studying in Germany, where the legal drinking age is 16. Around the time he graduated from college with a history degree in the late 1980s, he became interested in what was then a burgeoning craft-beer movement. Inspired by the energy of artisan beer making and the chance to return to Germany, he relocated to Berlin to get a degree in fermentation sciences. It was 1990, right after the Berlin Wall came down. After participating in the historic events that followed, Larson accepted a job at a brewery in Argentina, where the light lager style of German pilsner was popular.
"The principles of brewing are the same worldwide, but culturally [Argentina] was a phenomenal experience," Larson says. "I wouldn’t trade those years for anything."
When he returned to America four years later, he landed in Longview, Texas, working for Stroh’s, which produces such beers as Schlitz and Lone Star. The company had a four-million-barrel capacity and more than 400 employees working in three shifts for an around-the-clock industrial operation. That was by far the most commercial beer-making environment he’d ever been in.
"There’s really a limited set of actions that occurs in the brewing process itself," he says. "But learning different aspects of the business was a great experience."
When the Stroh’s factory closed, Larson took a few interim jobs before accepting his master brewer post at Trumer. Now he’s part of the international team that’s helping to develop the Trumer Pils brand regionally and beyond.
Trumer’s roots are far from the Bay Area. Founded in Salzburg, Austria, in 1601, the artisan brewery established a second location in Berkeley in 2003 because of one thing the two cities share: soft water, an important component in brewing pilsners.
There’s also a historic connection between Berkeley and beer. "The mayor of Berkeley [Tom Bates] just came for a tour," Larson mentions. "He was the guy in the 1970s who helped push legislation to enable brewpubs in California, so in part he’s the reason why we’re here today."
And Larson is glad Trumer is here. Calling this part of the country a great place to live, he says, "People love good food and drink here, and we enjoy being part of that local movement."
But what does Larson actually do? Does a master brewer job entail what we think it does? "I work with great people, and it is great fun, but it isn’t just a frat party," Larson cautions. "It’s not slugging beer all day long."
Actually, it’s the variety in his job that makes it interesting for him. "I work on plants, foodstuffs, chemicals, and machines," he says. "There are different tasks to do each day, and because our original brewery is in Austria, I get to travel to Europe and speak German."
And though beer making is an ancient art, Larson says his work is more rooted in technology and the modern age than one might expect though it also involves plenty of hard labor.
"It’s really an industrial operation, and there are a lot of safety considerations," Larson says. "There are chemicals, gases, steam, and fast-moving machinery. It’s hot, sweaty, dirty work, and a lot of times you’re beat at the end of the day. It’s quite physical work and not for everybody."
Larson says brewing’s future seems bright. It’s a rapidly growing profession, which means there will be more jobs like his in the years ahead. But since "it’s a job that’s pretty high up on the list," newcomers will need to get in on the ground level, where they can learn more aspects of the business. It also wouldn’t hurt to have a strong background in chemistry, biology, and microbiology; to combine a food sciences degree with a fermentation sciences degree from a school such as UC Davis; and to learn to make beer at home.
As far as Larson is concerned, such work is worth the result: in his case, a great job doing something he loves.
"You meet a lot of great people in this business," he says. "And we love that we get to do something that we enjoy and that we can also share with others."*
Trumer Brauerei offers tours Mondays, 4 p.m. Private group tours can be arranged.
If you don’t like the notion of a 1,200-foot tower scarring San Francisco’s skyline — and I don’t — then maybe you ought to read this fascinating piece on Calitics, and stop for a minute to think about what this city, and this state, is doing.
Why do we have to live with a giant highrise office tower near the Transbay Terminal? Because if we don’t, there won’t be any money to build what should be the central transit link for the Bay Area, a landmark bus and train station on the scale (we’re told) of Grand Central in New York. It’s an essential part of the city’s future.
But the project costs a lot of money, almost a billion dollars — and nobody wants to pay higher taxes to fund this sort of thing. In fact, nobody in California wants to pay higher taxes for anything. So the folks at City Hall have decided that the only way we can have a new transit terminal is if we hock a piece of our city and our skyline to fund it. So we take some of the land on the terminal site and let a developer build a monstrosity of a highrise on it — and that will bring in the money that we can’t get any other way.
It ‘s the same reason we have that god-awful RIncon Tower sticking its ugly head into the sky: The developer offered to pay for a fair amount of affordable housing and other community amenities that the taxayers won’t fund because local government can’t raise taxes in California without reaching extraordinary lengths that are almost politically impossible. So here’s the deal: You want affordable housing? Give a big developer the rights to do something awful, and in exchange, we’ll get a few dollops of cash for civic needs.
Imagine, for a moment, what the state might look like if we’d had to cut this kind of deal to build the University of California system. You want nice colleges? Okay — sell off the coast and let it become a giant Miami Beach. You don’t want to do that? Too bad — no world-class university system for your kids.
This is the devil’s bargain we have agreed to settle for in 2007, and it sucks.
ATSDR’s Region 9 office covers a lot of ground, including San Francisco’s Hunters Point Shipyard.
Susan Muza works at the Region 9 office of the Agency for Toxic Substances and Disease Registry. That’s the agency that agreed on July 17 to do a public health assessment of Lennar’s development at Parcel A of the Hunters Point Shipyard where fear runs high that the community may have been exposed to toxic asbestos dust.
As it happens, ATSDR has experience with such assessments in California, thanks to Oak Ridge High School in El Dorado County, where naturally occurring asbestos was identified in surrounding rocks and where a vein of asbestos was disturbed during construction of a soccer field at the school.
Muza told me that at Oak Ridge High, ATSDR sampled and tested soil from baseball and soccer fields, parking lots, as well as dust collected from a school classroom that had potentially been affected by a leaf blower.
What ATSDR found, says Muza, was that “sports coaches, outdoor maintenance staff and student athletes had the potential to be exposed at levels higher than previously thought.”
In the case of Lennar’s Parcel A development, the classrooms and basketball courts of the Muhammed University of Islam sit on the other side of a chain link fence, where massive amounts of asbestos-laden rock were moved in the last year, but where air monitors weren’t operating for three months, and watering was inadequate for six months.
“At Oak Ridge High, we recommended that people try to limit any further exposure and that those most highly exposed inform their physicians that they had potentially been exposed to asbestos, that they should monitor for signs of disease, related to that exposure, and that they should participate in very good preventative care, such as flu shots, to make sure their respiratory health stays healthy,” Muza said.
ATSDR is also monitoring cancer registers in the EL Dorado area.
As Muza notes, “one big problem with asbestos is it has a long lag time. The period between exposure happening and disease manifesting can be 10-40 years.”
Although the San Francisco Department of Public Health has claimed that workers were wearing CAL OSHA authorized asbestos monitors at the Hunters Point shipyard site and that CAL OSHA did not report any exposure exceedances, Muza told me that ATSDR does not support using worker asbestos limits in evaluating community members’ exposures, other than as a reference point.
As ATSDR’s website explains, “worker limits are based on risk levels that would be considered unacceptable in nonworker populations.”
The reasoning behind disqualifying worker limits as a valid assessment tool is that community members may be children who are lower to ground, more active and have higher metabolisms. Or they may be seniors, or residents who live near the site, 24/7.
“No exposure to asbestos is good,” says Muza. “We are all exposed to it, thanks to brake linings, amongst other things, but we want to keep our exposure as minimal as we can.”
In the case of Oak Ridge High, ATSDR recommended some removal activities, because material from the vein of asbestos that got broken when the soccer field was built, got spread around the school.
“And we recommended paving and landscaping activities to reduce people’s ability to being exposed,” adds Muza, noting that ATSDR did not recommend that Oak Ridge High be closed or relocated.
In San Francisco, ATSDR plans to evaluate the asbestos dust mitigation plan that Lennar agreed to when it got the green light to begin development on Parcel A in 2005. ATSDR will also evaluate how Lennar actually implemented that plan, along with results from air monitors, and any other data that they can ascertain will be helpful.
“We also plan to gather community concerns, be very transparent and talk to everyone,” says Muza who has sent out a letter to stakeholders, including the Bay Area Air Quality Management District, the Bayview Hunters Point Project Area Committee, the Hunters Point Shipyard Citizens Advisory Committee, The San Francisco Chapter of the NAACP, the San Francisco Department of Public Health, the San Francisco Redevelopment Agency, and, of course, the Muhammed University of Islam.
Says Muza, “We will summarize the concerns we hear, sort out what we can address from what we can’t and come to the community with a plan.”
By Steven T. Jones
After a preliminary hearing, Judge Harold Khan has ruled there is sufficient evidence to put Sup. Ed Jew on trial for perjury and other charges related to the allegations that he doesn’t really live in San Francisco and is therefore unqualified to hold off. No big surprise here, but it does raise the question of what Mayor Gavin Newsom is waiting for. Part of his job is to initiate official misconduct proceedings against supervisors were elected fraudulently, or who shake down their constituents for $40,000 cash bribes. Mr. Mayor, what are you waiting for?
I don’t think McGoldrick is corrupt (as one commenter says at leftinsf), and I’m not going to support the attempt to recall him (as another proposes), but I’m deeply disappointed. McGoldrick is a housing guy; he knows better than this.
I live near 3400 Cesar Chavez, and the plan is terrible for the neighborhood. We could have stopped it, and opened the door to a real affordable housing effort. Damn.
There’s a new move afoot, this time through a lawsuit, to change the way taxicab permits work in San Francisco. Rachel Stern lays out the story on page 14, but allow me to offer a bit of political background:
The San Francisco cab industry works as a medieval class system. There are members of the landed gentry people who have medallions, or operating permits and there are serfs, people who drive cabs but don’t have permits. The serfs fork over a significant portion of their income every day to the gentry in the form of lease fees, the same way the peasants used to fork over much of their income for the right to live near a castle or hunt or farm on the gentry’s land. See, you can’t drive a cab without a permit, and if you don’t have one, you have to lease one from someone who does.
Drivers are all independent contractors, so they get no health insurance or disability and retirement benefits.
In this particular economic world, even the permit holders aren’t getting rich. The only ones who really make out are the top royalty, the cab companies themselves. But the gentry do a lot better than the serfs.
What’s interesting, though, and wonderful in its way, is that thanks to a 1978 law backed by that well-known Marxist former supervisor Quentin Kopp, you can’t inherit your way into the landed gentry. You can’t buy your way in, borrow your way in, or marry your way in. The only way to become a medallion holder is to put your name on a list and wait, along with all the other serfs, until, after 15 years or so, a permit opens up.
And the way a permits opens up is that someone who has one quits driving.
That’s the deal Kopp put together: only active, working drivers are supposed to get the benefits of the medallions. No corporations, no partnerships, no trusts, no relatives…. You personally drive a cab 800 hours a year, and you’re eligible to lease your permit out during those shifts when you’re not using it.
Of course, once a driver becomes a member of the landed gentry, he or she never wants to give up that permit. It’s free income, maybe worth $2,000 a month. The Medallion Holders Association desperately wants its members to be able to keep their permits when they retire, or be able to give them to their kids, or somehow cement them as property that a person can own, just like the forests and fields of the landed gentry of yore.
The latest issue is disability. Suppose you wait patiently for 15 years, suffering in serfdom, and your number finally comes up, and you get that golden ticket and then you get in an accident and lose the ability to drive a car. I get the point; maybe there ought to be some transition program or something. But every time a nondriver gets to keep a permit, a serf waits even longer in line, forking over hundreds of dollars to a member of the gentry who doesn’t want to play by the rules anymore.
The bottom line is, cab permits belong to the city, and they aren’t supposed to be someone’s retirement fund. I don’t like any sort of rigid class system, but if you’re going to have one, the serfs deserve fairness too.<\!s>*
A year has passed since Lennar Corp. officials admitted that subcontractor CH2M Hill failed to install batteries in dust-monitoring equipment at Parcel A, a construction site in Hunters Point Shipyard where an asbestos-laden hilltop was graded to build 1,600 condominiums (see "The Corporation That Ate San Francisco," 3/14/07).
The admission sparked a steadily growing political firestorm in BayviewHunters Point, further fueled by evidence that Gordon Ball, another Lennar subcontractor, for six months failed to adequately water the site to control dust and by a racially charged lawsuit in which three African American employees of Lennar allege they were subjected to discrimination and retaliation after they refused to remain silent about the dust issue. The lawsuit, set for a case management hearing Aug. 17, also claims that Ball committed fraud involving the Redevelopment Agency’s minority-hiring requirements.
BayviewHunters Point residents angry about the situation have found an ally in Sup. Chris Daly, who has called for a halt to construction at the site until an independent health assessment is conducted to the satisfaction of the community, including the Muhammad University of Islam School, which is adjacent to the Parcel A site and has been exposed to dust. The Board of Supervisors was scheduled to consider Daly’s resolution Jul. 31, after the Guardian‘s press time.
"This issue is of such a high level of importance," Daly told us. "There’s now a mandate for progressives in San Francisco to talk about environmental justice and to take action."
Sup. Sophie Maxwell, whose district includes the shipyard, told us that she understands the concerns of Daly and the community. "But when you get down it … the dust is inconvenient, but it is not harmful in the long term," she said.
Maxwell believes the city’s Department of Public Health should have done more outreach and updates, "but it has brought the situation under control." That sentiment was echoed by the city’s environmental health director, Dr. Rajiv Bhatia, who told us, "This is the first time we have implemented dust control, and this is an industry that had never been regulated. And in the end, things got better. We did our job in pushing a regulated community that grudgingly complied with our regulations."
In June, after residents complained that the dust was causing nosebleeds, headaches, and asthma, the DPH released a fact sheet that stated, "You may have heard there are reasons to worry about your health because of the construction dust generated by the redevelopment of Parcel A of the Hunters Point Shipyard. That is not true."
A July 5 informational DPH memo claims that when workers tried to do dust training and outreach at the end of June, their efforts "were significantly hindered by representatives of the Muhammad University of Islam," who allegedly disrupted training sessions, followed DPH workers, and told residents not to listen to the DPH workers.
On July 9, DPH director Mitch Katz testified at a hearing of the supervisors’ Land Use Committee that the city had imposed the highest standards possible to control dust. Katz also claimed that exposure to the dust was not toxic and that there is no proof that health problems were caused by the dust.
But at the same hearing, Nation of Islam minister Christopher Muhammad demanded testing "by people the community can trust," and he accused the city of "environmental racism." Noting that asbestos-related diseases often don’t manifest themselves for at least 20 years, Muhammad claimed, "The problem that we’re seeing in BayviewHunters Point is dust related."
After the DPH abandoned plans to do door-to-door outreach in favor of a series of health fairs, a coalition of activists calling itself POWER (People Organized to Win Employment Rights), some wearing masks and hazmat suits, closed down a July 17 homeownership seminar at Lennar’s shipyard trailer.
"Some folks did a picket outside, while inside, folks who own homes or live in public housing in the area were asking a lot of questions," POWER’s Alicia Schwartz told us. "We are for development that prioritizes the needs of low-income communities of color who have long been absent from the decision-making process, not development that puts the health and safety of families and the elderly at risk."
Two days later Marcia Rosen resigned as executive director of the San Francisco Redevelopment Agency. SFRA board member London Breed told us that the resignation was "a long time coming" and said she wished Rosen had taken a stronger stand on Lennar and Ball in the winter of 2006.
Breed says the agency "will always be a bad word to African Americans because of what happened in the Western Addition…. But we have a great opportunity in BayviewHunters Point to make it into something wonderful for the community."
Maxwell, whose grandson attended the Muhammad school’s Third Street campus, wonders why the minister refuses to move his students back to Third Street. "Lennar understands that this has become a PR nightmare and they are going to have to get contractors who are supportive of and understand the rules and regulations," said Maxwell, who is about to introduce legislation that she hopes will better control construction dust citywide.
Meanwhile, Dr. Arelious Walker of the True Hope Church of God in Christ told us that he and a group of like-minded pastors have formed the African American Revitalization Consortium, "a highly vocal and visible group in strong opposition to the shutting down of the shipyard without scientific proof."
"We support 100 percent the notion that the dust from Parcel A does not cause any long-term health risks. The project must continue because of its economic impacts. One little group does not speak for us all," said Walker, who met with Mayor Gavin Newsom, Maxwell, and Katz on July 23.
Acknowledging that the outcry over Parcel A has raised awareness of the dust issue, Walker said, "For years in the urban community, the environment was not the issue, but now we’ve woken up." Walker and his fellow ministers rallied about 200 people at City Hall on July 24 to express support for Lennar’s development and confidence in city officials.
Yet Daly said that faith may be misplaced: "It’s going to be a struggle to deal with the construction-related impacts of Lennar’s development at the shipyard, but the issue is much bigger, and it points to the need for an alliance between progressives, the African American community, and the southeast neighborhoods." *
In 1997, Dirk, a taxi driver of 20 years, was stabbed in the neck by a hitchhiker he picked up after his last shift. Ten years later, blind and brain damaged because of the loss of blood, he still receives income of roughly $1,800 a month from his taxi medallion.
Under city law, he’s supposed to be driving.
Medallions are among the most prized and disputed permits in town. The city owns all 1,381 of the medallions, which allow the holders to operate taxis. But under a 1978 law known as Proposition K, only active drivers later defined as people who put in an annual minimum of 800 hours behind the wheel are eligible to hold the permits.
The medallion holders have a lucrative deal: when they aren’t driving, they can lease out the permits to other drivers. And since a lot of cabs are on the road 24 hours a day 365 days a year, those lease fees can add up.
Not surprisingly, there’s been some abuse over the years. You get a permit by putting your name on a list and waiting as long as 15 years. Some people who haven’t driven in years people who don’t even live in the area have risen to the top of the list, seized medallions, and pocketed the cash, hoping nobody would notice.
Recently, though, the city’s Taxicab Commission has been cracking down and that has put people like Dirk in limbo and raised a series of political and legal questions that go to the heart of the city’s cab-permit system:
Does a disabled driver have a right to keep his or her medallion? Is it cruel to simply yank the permit and the income from somebody who may have been injured in the line of work? Or is allowing nondrivers to keep their medallions unfair to the thousands of working cabbies who are paying $91.50 a shift to lease a permitted cab and waiting in line for a permit to open up?
What right should someone who gets a valuable city permit, at no cost, have to keep using that permit to earn income when he or she no longer meets the permit requirements?
Taxicab Commission executive director Heidi Machen says the answers are straightforward. "Permit holders who are not meeting their requirements are abusing a public permit," she told the Guardian. "Proposition K was never set up as a retirement plan."
Joe Breall and Elliot Myles disagree and they’re taking the issue to court in a case that could have lasting implications for the city’s taxicab industry, medallion holders, and other drivers.
The two Bay Area lawyers filed a class action lawsuit against the Taxicab Commission on June 25 on behalf of an estimated 150 disabled drivers who hold taxi medallions in the city. They argue that the driving requirement violates the 1990 Americans with Disabilities Act.
"These are long-term drivers who have a disability that simply does not allow them to drive now," said Breall, who represents National Cab Co.
One of the case’s two named plaintiffs, William Slone, is a medallion holder with a lung disease that requires him to be hooked up to an oxygen tank 24 hours a day. The other, Michael Merrithew, has a physical disability so severe that he cannot operate his taxi.
Machen has hired two investigators to crack down on medallion holders who are not fulfilling their requirements whether a scofflaw is a healthy 30-year-old woman living in Hawaii but reaping her medallion’s profits or an elderly man who must use a wheelchair but is still using the medallion as his source of income.
"The ADA does not require a public agency to waive an essential eligibility requirement for a government program or benefit," Machen wrote in a memo dated Feb. 16, 2006.
The Taxicab Commission isn’t just yanking permits from anyone who gets hurt. Under its current policy, temporarily disabled medallion holders can apply to take one year off every five years and receive a 120-day driving exemption in each of the three years following that disability leave.
But the lawsuit argues that this policy "effectively sanctions all taxicab permit/medallion holders with disabilities other than temporary illness that prevent or substantially limit their ability to drive taxi cabs personally."
The lawsuit argues that disabled permit holders, under the ADA, should be relieved of the full-time driving requirement until their disabilities are medically resolved. In the case of some drivers, that could effectively give them use of city-owned medallions free, for life.
TRICKY ENFORCEMENT
Prop. K was written by recently retired San Mateo Superior Court judge Quentin Kopp, who was then a city supervisor. Kopp told us that permits were being bought and sold for hundreds of thousands of dollars and working drivers couldn’t afford them. The system, which is fairly unusual, was designed to ensure that cabbies not investors, corporations, or speculators got the benefits of the city-owned permits.
So Prop. K required that a permit be returned to city and passed on to the next person on the long waiting list if the holder stops driving. Other large cities, such as New York, still maintain a system in which permits may be auctioned off instead of being publicly owned.
The 941 post<\d>Prop. K medallion holders, Machen said, can receive $1,800 to $3,000 a month for leasing their permits. There are roughly 6,000 taxi drivers in the city; a full-time cab driver makes about $24,000 a year, but those full-timers with permits can add another $20,000 or more to their income by leasing.
"It’s a city permit. If someone stops using it, it reverts to the city," Kopp told us. "There’s no provision for a grace period or something of that sort. Seven times voters rejected efforts to appeal or change it."
In fact, in 2003 voters overwhelmingly rejected a measure that would have allowed disabled drivers to keep their permits.
Elliott Myles of Oakland’s Myles Law Firm, which handles disability cases, told us that Prop. K is "irrelevant."
"The obligation to modify or waive comes from the ADA, a federal law binding on the commission," he wrote in an e-mail.
Although Kopp says Prop. K was intended to ensure that only active drivers get permits, the 800-hours-a-year rule isn’t in the law. Specific driving rules were added to the city’s Police Code in 1988.
And enforcement of the law has changed in the past few years. When the Taxicab Commission revoked the medallion of disabled driver Querida Mia Rivera in 2003, the decision was overturned by the Board of Appeals on the grounds that it violated the rights of Rivera who had driven for 35 years before needing a wheelchair and becoming legally blind under the ADA.
In response to the reversal, then-director Naomi Little implemented a policy to accommodate both temporarily and permanently disabled medallion holders, which paralleled the city’s catastrophic-injury program. This meant the modification or waiver of the 800 hours was overseen by the Department of Public Health.
"A disabled permit holder may apply for a waiver or reduction of the driving requirement, and the waiver or reduction, in appropriate cases, may be renewed on a yearly basis," Little wrote in a memorandum to Sup. Jake McGoldrick on July 30, 2003.
But in February 2006 the Taxicab Commission adopted Resolution 2006-28, which returned the city to the policy of strictly following the letter of Prop. K (although the panel allows temporary reprieves for people who are injured but could return to driving).
Michael Kwok, a former commission staffer who oversaw disability requests, said such a policy allows the permit waiting line to move faster.
Allowing a permanently disabled person to retain his or her permit is "not fair to the public," said Kwok, who uses a wheelchair. "It’s case by case."
The result is an enforcement process that can be tricky, to say the least.
On Aug. 17, 2004, for example, a physician wrote to the commission arguing that a disabled driver who was "suffering from failing eyesight and dizziness" and occasional arthritis in his hands should be taken off the road. "Please release him from taxi driving effective immediately for public safety," the doctor wrote. "He is advised not to drive a taxi as soon as possible."
Commission staffer Tristan Bettencourt, who was overseeing ADA compliance at the time, responded by reducing the driver’s yearly driving requirement to 400 hours, or 78 four-hour shifts, over the next year.
That could have left an unsafe driver on the road, Myles said.
"I find this reprehensible," he told us. "In most medical-injury suits, evidence of medical condition can only be given by qualified health care professionals."
Bettencourt, who left his job last year, said the Taxicab Commission shouldn’t be deciding whether someone is fit to drive or not. "We didn’t give out driver’s licenses," he told us. "If you hold a driver’s license, someone from the Department of Motor Vehicles has certified you."
According to Jan Mendoza, a public information officer at the DMV, a license needs to be renewed every five years a process that can take place online if a person has a clean record. People over the age of 70, however, have to visit the office in person to take both a vision and a driving test.
Taxi drivers should not have any guarantee of lifetime entitlement, Bettencourt said. He added that the lack of a safety net for people who lose their means of employment is not something a San Francisco taxi regulator can solve; it’s a national problem.
EXIT STRATEGY?
Thomas George-Williams, who chairs the United Taxicab Workers, looks at the issue from the perspective of drivers who don’t have permits the ones he considers second-class citizens in a two-tier system.
All San Francisco cab drivers are effectively independent contractors who are responsible for their own disability and retirement funds. And the drivers who don’t have permits get no benefits from the system at all.
Medallion holders "use the income of their medallions for disability insurance," George-Williams told us. "We need an exit strategy for all drivers, including medallion holders, and we don’t have that."
Charles Rathbone, a driver for 30 years and a medallion holder for 10, points to the harsh truth: there’s a key difference between the two cabbie classifications. "For drivers without medallions, there’s nothing to revoke," he told us.
Rathbone, a member of the Medallion Holders Association, spoke at the Taxicab Commission meeting July 13 to lay out two steps he felt the city should take before revoking a permit. He asked for two weeks’ advance warning and an appeals process.
"When I become disabled, I don’t want my only exit strategy to be a kick in the ass from the taxi commission," Rathbone later told us.
His speech was spurred by the June suicide of Lindsey Welcome, a 61-year-old medallion holder of 10 years who had not driven for seven of those years due to severe muscular dystrophy. Welcome’s medallion, which she leased out through Luxor Cabs, was scheduled to be revoked at the Taxicab Commission’s June 26 meeting.
"Her medallion was her only means of support," Kathleen Young, Welcome’s friend of 30 years, told us.
Rathbone feels many disabled medallion holders hide their disabilities for fear of the consequences, endangering themselves and the public.
One of the more severe recent taxi incidents happened March 26, 2003, when a 68-year-old permit holder crashed into a Market Street ATM, badly injuring a pedestrian and immobilizing two others.
"Too many people are driving when they shouldn’t be," said Bettina Cohen, Rathbone’s wife and editor of the MHA newsletter, which publicized the pending disability lawsuit on its front page last month.
Allowing disabled drivers to keep their permits may have its own downside: Carl Macmurdo, president of the MHA, acknowledged that the long waiting line for medallions means people will acquire them later in life and so will often be able to fully enjoy them for only a short time.
"[The city’s] giving permits to 70-year-olds and then taking them back," Macmurdo, who waited 13 years to get his permit, said.
Myles shared similar sentiments. "Every permit holder, just like every person, runs the risk of disability," he told us. "This question [of the disabled holding on to their permits] affects not only every current permit holder but every driver who is waiting in line to get a permit in the future."<\!s>*
One of the most exciting aspects of being a newspaper editor is recognizing a wave of activity that isn’t connected to government mind control or onslaughts of corporate-sponsored and mass-marketed art. This kind of spontaneous mass energy is happening via photography in San Francisco right now. August is known as a slow month, but the city’s galleries are alive with contemporary photos. Bill Daniel’s latest look at the US landscape is opening at RayKo Photo Center, the Daniel-influenced vagabond spirit Polaroid Kidd has his first Bay Area show at Needles and Pens, Greg Halpern’s moody views of Buffalo and Kelli Connell’s double-minted prints are up at SF Camerawork, and at City Hall through the San Francisco Arts Commission Gallery the work of 32 local photographers is on view.
Baptized in arguments regarding its viability as an art form, photography remains as contentious as it is expansive. Witness a veteran such as Duane Michals sharpening his claws on the megapopular likes of Cindy Sherman in last year’s rant-monograph Foto Follies: How Photography Lost Its Virginity on the Way to the Bank (Thames and Hudson). We live in an era when the ready availability of portraiture seems to have made its definition even more reductive; via MySpace and more explicit sites, people use cameras to readily package themselves as products. Yet when black-and-white and color and digital and film collide with unpredictable results, photo portraiture can be as varied and lively as the work you’ll find on these pages.
Thanks to fellow Guardian arts editor Kimberly Chun for suggesting, late in the selection process, a focus on portraiture. This decision necessarily narrowed the Bay Area photographers to choose from; there’s a wave of garden- and eco-driven work being done by Bill Basquin and others, while Dusty Lombardo, R.A. McBride, and Jackson Patterson are discovering tremendous depth in interiors. Thanks also to Basquin, Daniel, Glen Helfand, Chuck Mobley, Katie Kurtz, and Dave and Ray Potes for their suggestions.
Twelve years ago I interviewed therapist and author Walt Odets because he was bringing much-needed humanity to discussions of the AIDS crisis; to find out that he’s also a superb photographer whose subjects have included Jean Renoir and his wife, Dido, is a revelation. In distinctive ways, Vic Blue, Robert Gumpert, and Amanda Herman reveal what journalism usually ignores or renders shallow. The intimacy of Vala Cliffton’s photos makes one ponder her presence within the scenes she depicts. Matthias Geiger shows a city you might not have noticed even when it’s been in front of your face. Stan Banos has an eye for the many shades of gray within the multihued and the cuckoo. Job Piston is that rare Bay Area photographer whose work brandishes a sexual edge that isn’t obvious or predictable. Jim Goldberg’s urban work has been canonically influential since the publication of Rich and Poor (Random House, 1985) and Raised by Wolves (Scalo, 1995). Photography is just one aspect of Désirée Arlette Holman’s hand-fashioned fantasy world, a place that looks like a wicked satire of our own.
THE STORY "This photo was taken in San Francisco during Fleet Week in ’04."
INSPIRATION "I’ve always had a vague obsession with time and place, and the camera is the best-suited instrument to record such transient moments (particularly when you can’t draw). I generally try to incorporate whatever signs of irony life can offer within a rectangle."
FAVORITE PHOTOGRAPHERS "I have more favorite photographers as an adult than I had favorite ballplayers as a kid: Bruce Davidson, Josef Koudelka, Diane Arbus, Garry Winogrand, William Eggleston, Stephen Shore, Carl de Keyzer, James Nachtwey, Cheryl Richards, Henry Wessel, Elliott Erwitt, Martin Parr, Lee Friedlander … the list is endless."
SHOW "Our World," at SF Arts Commission Gallery’s City Hall space, through Sept. 21.
WEB SITEwww.reciprocity-failure.com
Victor J. Blue
NAME Victor J. Blue
TITLEHonduran immigrants, Detention Center Tapachula Mexico
THE STORY "I went to the Guatemala-Mexico border to photograph immigration there. These guys had been caught trying to ride the freight train to the United States. We only had a few minutes to take pictures inside. They were on a bus back to Tegucigalpa within a day, probably just to try again."
FAVORITE MONOGRAPHSThe Mennonites by Larry Towell (Phaidon, 2000), Exploding into Life by Eugene Richards and Dorothy Lynch (Aperture, 1986), Kosovo 19992000: Flight of Reason by Paolo Pellegrin and Tim Judah (Trolley, 2002), Under a Grudging Sun: Photographs from Haiti Libere 19861988 by Alex Webb (Thames and Hudson, 1989).
WHAT ARE YOU SHOOTING NOW? "The cost of the wars in Iraq and Afghanistan for the people of San Joaquin County."
WEB SITESwww.victorjblue.com, online.recordnet.com/projects/iraq/Jose/index.html
Vala Cliffton
NAME Vala Cliffton
TITLEUnicorn
THE STORY "Unicorn is a portrait of my niece and my brother after their trip to Hawaii. My niece is in love with Hawaii and could not seem to detach herself from her scuba gear that afternoon. My brother was trying to catch a nap before dinner. The combination of elements in this unposed portrait captures an essential and intriguing aspect of their father-daughter relationship."
INSPIRATIONS "The Family of Man [Harry N. Abrams] was the first photography book I can remember picking up and being interested in. Photography was always a part of our family life. One of my projects while at the San Francisco Art Institute was to print the black-and-white snapshots taken of the family over the years."
WHAT ARE YOU SHOOTING NOW? "I have spent the past couple or years working as a filmmaker and producing music videos, some of which I have put up on YouTube at youtube.com/alavala11."
SHOW "Our World," at SF Arts Commision Gallery’s City Hall space, through Sept. 21.
WEB SITE alavala.com
Matthias Geiger
NAME Matthias Geiger
TITLETrain
THE STORYTrain is taken from Geiger’s "Tide" series, which he describes as "an examination of human presence" in "places of transit and momentary rest…. The technique of layering still images allows past, present, and future moments to appear simultaneously, reflecting the notion that each moment in time is a construct of our memories, our presence, and our projections."
INSPIRATIONS "Direct physical experience such as being outdoors, dance, and meditation, as well as readings on metaphysics."
WHAT ARE YOU SHOOTING NOW? A series on utopian subcultures.
SHOW "Matthias Geiger: Tide." Sept. 6Oct. 20. SF Camerawork, 657 Mission, second floor, SF. (415) 512-2020, www.sfcamerawork.org
THE STORY "For the past 13 years I’ve been doing an off-and-on documentary project called ‘Lost Promise: The Criminal Justice System.’ This image was done in August 2006 while I was documenting the closing of San Francisco County Jail No. 3. Built in 1934 and beset by a number of serious issues and several lawsuits ordering its closure, the jail was finally closed in August 2006, when inmates were moved to County Jail No. 5, built on land adjacent to the old jail."
FAVORITE PHOTOGRAPHERS Don McCullin, Lewis Hine, August Sander, Leonard Freed, Gilles Peres, and Philip Jones Griffith.
WEB SITEwww.robertgumpert.com
Amanda Herman
NAME Amanda Herman
TITLEUntitled
THE STORY The image is taken from Herman’s most recent work, the short film Lost Island, which looks at the impact of Hurricane Katrina on one large family two years after the storm forced them from their home in Chalmette, La. Herman met the Morris family in Oakland while doing free family portraits for survivors at a relief day in October 2005, one month after Katrina drove them from their homes, and, she writes, "over time, I became interested in exploring the intricacies of one family’s experience with the disaster." Donations and income from the sale of the Lost Island DVD will go into a family fund to assist the Morrises as they rebuild their lives in Oakland.
FAVORITE PHOTOGRAPHERS Seydou Keita, Allen Sekula, Susan Meiselas, Jeff Wall, Wing Young Huie, Wendy Ewald, Jessica Ingram, Eric Gottesman, and others.
SHOW "Inchoate," through Aug. 11. Patricia Sweetow Gallery, 77 Geary, mezzanine, SF. (415) 788-5126, www.patriciasweetowgallery.com
THE STORY "This image is from a larger series of video and photo work depicting actors wearing crude, handmade (by me) chimp costumes. Something Ain’t Right was inspired by smoking chimps in zoos in South Africa and China. One zookeeper claimed that the chimps were smoking because they are frustrated. Could captivity make a chimp neurotic and lead it to smoke? Others claimed that the chimps were imitating tourists, recalling the cliché ‘Monkey see, monkey do.’ "
INSPIRATION "I am inspired by psychology, popular culture, figurative sculptures (including toys), art, and various types of fantasy and fiction making. I capitalize on the potential to create fantasy from realistic imagery through the use of the camera."
FAVORITE PHOTOGRAPHERS Currently include Tracey Moffatt, Liza May Post, and Suzy Poling.
SHOWS "CCA: 100 Years in the Making," at the Oakland Museum of Art, and a solo show at San Francisco’s Silverman Gallery. Both open in October.
WEB SITEwww.desireeholman.com
Job Piston
NAME Job Piston
TITLEA Year Later
THE STORY "I was making portraits of young Hollywood and became interested in deconstructing glamour. This is a good friend of mine who was sent away to a facility for a long while. I took this picture the first time I visited him. Today popular figures openly go to rehab; it too has become glamorous."
INSPIRATION "Complicated personalities, intimacy in public spaces, secrets, the figure, and the fountain of youth."
SHOW "Our World," at SF Arts Commission Gallery’s City Hall space, through Sept. 21; "Evidence of Things Unseen," Peninsula Museum of Art in Belmont, through Oct. 21; solo show at Silverman Gallery in San Francisco in October.
WEB SITESwww.jobpiston.com, book-of-job.blogspot.com
THE STORY "Because it is so instantaneous, there is much chance in photography. This photograph seems to me about the gaze and emotion of the three figures, some combination of attention, reflection, loss, and pathos, as well as the visual organization."
INSPIRATION "I have taken pictures since I was 16. If I can use the camera in a way that forces deconstruction of what we normally see but do not observe, then I feel I have accomplished something."
FAVORITE PHOTOGRAPHERS "Henri Cartier-Bresson, of course, and Ed Ruscha and Lee Friedlander, for their elegance and form, intellect, and relentless literal rendering, respectively."
SHOW An October 2007 three-person show at SF Camerawork, devoted to winners of the James D. Phelan Award for photography.
WEB SITEwww.waltodets.com/photo
Jim Goldberg
NAME Jim Goldberg
TITLEUntitled
PHOTO COURTESY OF STEPHEN WIRTZ GALLERY
THE STORY The image is drawn from "The New Europeans," a project Goldberg started around the time of the 2004 Summer Olympics in Athens. The series focuses on the journeys of refugees and immigrants from war-torn or economically devastated homelands in Iraq, Somalia, Sudan, Palestine, Afghanistan, the Philippines, and elsewhere to settle in Europe, specifically Greece and Ukraine. In June, Foundation Henri Cartier-Bresson in Paris presented Goldberg with the HCB Award so he could travel to his subjects’ countries of origin and tell the complete stories of their migration.
SHOW "Jim Goldberg: New Work." Oct. 3Nov. 10. Reception Oct. 4, 5:307:30 p.m. Stephen Wirtz Gallery, 49 Geary, third floor, SF. (415) 433-6879, wirtzgallery.com
The supervisors will vote Tuesday on whether to allow high-end condos and (another!) Walgreens in the Mission at 3400 Cesar Chavez. Leftinsf has a good summary of the issue. I live in the area, and I can tell you: the last thing we need are more condos for the rich and another damn Walgreens.
This is insanity; The site, like so many in the Eastern Neighborhoods, ought to be preserved for community-based affordable housing. There aren’t many places left to build housing of any sort, and every time you turn one of them over to the get-rich-quick speculators and developers, you lose a site for housing that would allow working people and families to stay in the city.
Sup. Tom Ammiano wants affordable housing on the site, and typically the supes defer to the district representative on these sorts of things. But this time, both Jake McGoldrick and Bevan Dufty may be leaning toward the developers.
It’s true that there isn’t, at the moment, a community alternative with the funding to move forward. But if the private developers take this site over, there never will be. It’s worth delaying the process to give affordable housing a chance.
OK, we give – Kanye is still king, especially after we peered at the inspired new, YouTube-y video for his single “Can’t Tell Me Nothing,” which was posted this week on his site. Call it “Menace II Future Farmers of America”? Behold comedian Zack Galifianakis – glowering manfully on his North Carolina farm, dancing with John Deere shit and cavorting with fresh-faced milk maids in some St. Pauli’s Girl commercial gone horribly, hilariously wrong. Check musician Will Oldham, aka Bonnie “Prince” Billy, striking gangsta pose on country roads. And naturally Galifianakis’s tummy is a marvel to observe (see more of it on his recent live comedy DVD filmed at SF’s Purple Onion).
Apparently West enlisted Galifianakis after seeing him perform standup in LA, sayeth Billboard. So kudos to Kanye for letting the silly pair undercut the lyrics’ toughness with wit and a little weird, backwoods Old Joy. Expect more when West’s LP, Graduation (Def Jam) – oooh, scary! – emerges in August or September.
TECHSPLOITATION The future is a crowded graveyard, full of dead possibilities. Each headstone marks a timeline that never happened, and there’s something genuinely mournful about them. I get misty-eyed looking at century-old drawings of the zeppelin-crammed skyline over "tomorrow’s cities." It reminds me that the realities we think are just around the corner may die before they’re born.
A few weeks ago I was trolling YouTube and stumbled across a now-hilarious documentary from 1972, Future Shock, based on the 1970 futurist book of the same name by Alvin Toffler. The documentary focused on a few themes from the book and tarted them up by throwing in a lot of trippy effects and sticking in Orson Welles as a narrator.
As Welles intones ponderously about how fast the future is arriving, we learn that "someday soon" everybody will be linked via computers. Essentially, it was an extremely accurate prediction about Internet culture. Score one for old Toffler.
Things go tragically incorrect when the documentary turns to biology. Very soon, Welles assures his audience, people will have complete control over the genome and drugs will cure everything from anxiety to aging. Through the wonders of pharmaceuticals, we’ll become a race of immortal super-humans. It sounds almost exactly like the kinds of crap that futurists say now, 37 years later. Singularity peddlers like futurist Ray Kurzweil and genomics robber baron Craig Venter are always crowing about how we’re just about to seize control over our genomes and live forever. So far we haven’t. But every generation dreams about it, hoping they’ll be the first humans to cheat death.
Some dreams of the future, however, shouldn’t outlast the generation that first conceived them. Suburbia is one of those dreams. In the fat post-war years of the 1940s and ’50s, it seemed like a great idea to build low-density housing to blanket the harsh desert landscapes of the Southwest. But now the green lawns of Southern California have become an environmental nightmare of water-sucking parasitism. Just think of the atrocious carbon footprint left behind when you lay pavement, wires, and pipes over a vast area so that nuclear families can each have huge yards and swimming pools instead of living intelligently in high-density green skyscrapers surrounded by organic farms.
Oh wait I just gave away my own crazy futurist dreams, inspired by urban environmentalism. Today, many of us imagine that the future will be like the green city of Dongtan, an ecofriendly community being built outside Shanghai using recycled water, green building materials, and urban gardens that will allow no cars within its limits. The hope is that Dongtan will have a teeny tiny carbon footprint and be a model of urban life for the future. Of course, that’s what suburbia was supposed to be too a model of a good future life. No future is ever perfect.
Perhaps the saddest dead futures, though, are the ones whose end may mean the end of humanity. I suppose one could argue that the death of an environmentally conscious future is in that category. But what I’m talking about are past predictions that humans would colonize the moon and outer space. As the dream of a Mars colony withers and the idea of colonizing the moons of Saturn and Jupiter becomes more of a fantasy than ever before, I feel real despair.
Maybe my desperate hopes for space colonization are my version of Kurzweil’s prediction that one day we’ll take drugs that will make us immortal. Somehow, I think, if we could just have diverted the global war machine into a space-colony machine sometime back in the 1930s, then everything would be all right. Today the planet wouldn’t be suffering from overpopulation, plague, and starvation. We’d all be spread out across the solar system, tending our terraforming machines and growing weird crops in the sands of Mars.
Of course, we might just be polluting every planet we touch and bringing our stupid dreams of conquering the genome to a bunch of poor nonhuman creatures with no defenses. But I still miss that future of outer-space colonies. I can’t help but think it would be better than the future we’ve got. *
Annalee Newitz is a surly media nerd whose Martian colony has a better space elevator than yours.