Mark Leno

Migden, the Guardian, and Burton

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After taking heat for weeks after the Guardian failed to endorse Carole Migden, I approach her party with a bit of trepidation, particularly after seeing her trail both Mark Leno and Joe Nation in early returns. She is speaking when I arrive, saying her thank yous. “Thank you, thank you, thank you San Francisco,” she closes. Afterward I see one of her most prominent supporters, Senator Darrell Steinberg, the incoming president pro tem, whom I know a little from my Sacramento days.
“She’s been a great legislator and whatever happens tonight, she has everything to be proud of. I’m happy to stand with her,” Steinberg tells me. I catch the latest district numbers on the screen: Leno 37.2%, Migden 30.6%, Nation 32.2%, with 3.4% of precincts reporting. Soon, I bump into the most powerful backer of Migden’s legislative career, former Senator John Burton. Feeling a need to be forthright, I introduce myself and say clearly that I’m from the Bay Guardian.
“The Guardian must be overjoyed. She carried their water for 20 years and they fucked her when she needed them,” Burton bellows, asking me to make sure to pass his words on to publisher Bruce Brugmann, which I’m now doing.
Carole is a bit more magnanimous. She greets me with a hug. I tell her I’m sorry we couldn’t be with her, poise my notebook, and ask how she’s feeling about tonight. “I feel great and I have an enthusiastic crowd and I’m very proud of my years of service,” she says, nods at me, and turns away.

City Hall: New results

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We have about 20 percent of the vote in now, and here’s how it looks:

Prop. A has gone up to 63 percent, and will probably pass.

Sandoval has picked up a bunch, is now at almost 40 percent, and now looks to be coming in first in that race, but not with enough votes to avoid a runoff.

F is still losing, G still winning, and that won’t change.

Joe Nation is now leading Mark Leno — not in San Francisco but district wide. Must be a bunch of north bay precincts reporting, because he’s doing well in SF.

County Central Committee, D 13:
Campos
Chiu
Katz
Peskin
Spanjian
Haaland
Wiener
Mandelman
Walker
Daly
Goldstein
Julian

This is a near-sweep at this point for the Peskin-Daly progressive slate; the only two people winning who weren’t on the slate are Leslie Katz (former supervisor) and Scott Wiener, the DCCC chair. So this is looking very good right now, and could be a bright spot for progressives looking toward the fall supervisorial elections.

Election night parties

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Here’s a roundup of the main local election night parties:
Yes on A – Great American Music Hall, O’Farrell and Polk streets

Yes on F, No on G – Grace Tabernacle Church, 1121 Oakdale

Yes on G, No on F – Javalencia Café, 3900 3rd Street

Mark Leno – Campaign HQ, 1344 Fourth Street (at “D” Street)
San Rafael, CA 94901 (he might also stop by Lime, 2247 Market Street, where some DCCC candidates – including Laura Spanjian and David Campos – are having a party)

Carole Migden – Campaign HQ, 121 9th St., near Minna

Joe Nation – Wipeout Bar and Grill, 302 BonAir Center, Greenbrae

Fiona Ma for Assembly – Soluna, 272 McAllister

No on 98/Yes on 99 – 1601 Telegraph Avenue, Oakland

League of Young Voters, Sandoval for Judge, progressive DCCC candidates and some Yes on F and No on Prop. 98 supporters – El Rio, 3158 Mission Street

And then there’s the Bay Guardian’s “Don’t Dodge the Drafts” election night party, 7-9 p.m. at Kilowatt, 3160 16th Street btw Valencia/Guerrero. Bring your voting stub for drink specials.

The fraudulent slate card

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Just so it’s clear: The Bay Guardian doesn’t send out slate cards. We don’t do door hangers. We don’t produce campaign mail. Ever. Period.

But just about every election, somebody we endorsed, or some group that agrees with us, reprints the Guardian endorsements, makes fliers out of them and sends or hands them around. That’s fine with me — we’re happy to get the word out. And even if it weren’t fine with me, there’s not a whole lot I could do about it — our endorsements are public, and there’s nothing wrong with senidng around fliers saying the Guardian endorsed these candidates.

And in the 25 years I’ve been working here, I’ve never seen anyone try to do something sleazy like use the Guardian logo to promote a candidate we didn’t actually endorse. Until now.

I’ve just learned that there’s a slate card going around with our logo on it and an endorsement of Carole Migden for state Senate. That’s wrong. We didn’t endorse Migden. We went with Mark Leno. A lot of my progressive friends disagreed with that decision, and I respect their opinions. This was a tough one, and there are good people on both sides. And until today, I was pretty impressed with how both Migden and Leno had been trying to keep the focus on their own strengths, and instead of attacking each other have pointed out that the real danger here is the possibility that Joe Nation will wind up winning.

And then this.

I’ve gotten calls all afternoon about it. Voters are confused; they have a mailer saying we’ve endorsed Leno, and one that appears to say we’ve endorsed Migden. The language on the Migden card is written carefully, and if you read all the fine print, you can figure out that it never actually says the Guardian is backing Migden. But very few people read or get the fine points; they see a slate card with a Guardian logo and a picture of Migden, and they think we endorsed her.

That’s not right. Whatever you think of our endorsements, this is misleading. It’s a trick on the voters, using our name, and I don’t appreciate it.

I called Sup. Chris Daly, who was behind the card, tonight and told him how unhappy I was, and he said he didn’t care. “I’m unhappy, too,” he said. “You endorsed Mark Leno, who is not a progressive.”

Okay, we can argue that forever, but it’s not the point. It’s not cool to use the Guardian logo and (I hope) good name and reputation to confuse the voters.

Again, for anyhone who missed the point: We endorsed Mark Leno for state Senate. One of the reasons we made that decision is that we found Migden’s ethical conduct, particularly when it came to campaign money, highly suspect. We don’t like political sleaze. And this is just the kind of shit we hate to see in the progressive movement.

Our endorsements are here. Use this slate; it’s the real one.

Why is PG&E attacking Leno on education?

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It’s not like schools are their business – at all. But the $13 billion utility company is the big money behind recent television ads depicting Mark Leno as a foe of children and schools.

“San Francisco Assemblyman Mark Leno claims that he’s for better schools,” the ad informs, according to a transcript provided by the California Teacher’s Association. “Yet in 2004, it was Leno who joined Republicans, and with one vote to spare, cut $3.1 billion from California schools.”

Actually, said CTA in a news release, “It distorts Leno’s support for a state budget in 2004 that temporarily reduced some funding for schools. The budget was approved by the Legislature with bipartisan support in that financially difficult year for the state.”

CTA, which represents 90 percent of the state’s educators, endorsed Leno in the District 3 State Senate race, and held a rally today in Mill Valley to affirm their support and criticize PG&E.

“Why is PG&E behind this?” CTA’s Mike Myslinski wondered when we spoke to him. “Leno has a strong education record and parents and teachers are very disturbed by this ad.”

The ad was attributed to a political action committee called “Protect Our Kids,” which late independent expenditure filings [PDF] with the CA Secretary of State show is heavily funded by CALIFORNIANS FOR A CLEAN ENERGY FUTURE, A COALITION OF ENVIRONMENTALISTS, TAXPAYERS, AND PACIFIC GAS AND ELECTRIC COMPANY. [PDF]

Looks like the San Francisco Police Officers Association, as well as a couple of out of state companies, also kicked in to cover the $100,000 in cash that’s been spent on anti-Leno propaganda that has nothing to do with energy – clean or otherwise. But, as CTA points out, “The PG&E-funded ad comes at a time when one of Leno’s opponents in the Senate race, Joe Nation, is being criticized for his huge financial support from business interests. PG&E is a supporter of Nation.”

It wasn’t all that long ago Leno was shaking hands with PG&E over at the LGBT center.

San Francisco, meet Joe Nation

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OPINION How would you like to be represented by someone who flacks for the insurance industry, serves real estate developers and landlords with zeal, opposes consumer privacy, and is a role model for corporate Democrats with a firm allegiance to big business?

You wouldn’t know it from the vague aura of his slick ads, but Joe Nation is hoping to be that someone in the state Senate. He’s the third candidate in the hotly contested race that includes two stalwart progressive politicians — incumbent Senator Carole Migden and Assemblymember Mark Leno.

Nation jumped into the Senate race in the 3rd District just three months ago. He’s trying to win in a sprawling district that includes half of San Francisco along with all of Marin and parts of Sonoma County. And he could pull it off.

The real danger of a Nation victory hasn’t been apparent to many San Francisco voters. Eyes have been mostly focused on the Leno-Migden battle, and Nation has never been on the ballot in the city before. But those of us who live in North Bay are all too familiar with Joe Nation.

When Nation’s campaign Web site trumpets him as an "advocate for universal health care," the phrasing is typical of his evasive PR approach. While in the state Assembly, Nation pushed for legislation that would force consumers and taxpayers to subsidize the health insurance industry. Meanwhile, he continues to oppose a single-payer system that would guarantee publicly financed health care for all in California.

Likewise, Nation leaves out key information when he calls himself an "international expert on climate change" for an "environmental consulting firm," ENVIRON International. He’s not eager to disclose that much of his work at the firm is for Coca-Cola, which excels at greenwashing its image to obscure its dubious environmental record.

In the Legislature, where he supported charter schools, Nation was problematic on public education. He earned distrust from the California Teachers Association and the California Federation of Teachers, both of which endorsed Leno in the Senate race.

When lawmaker Jackie Speier put forward a tough bill to safeguard consumer information rather than allowing financial institutions to sell it to the likes of telemarketers, Nation worked to undermine the legislation.

In 2006, nearing the end of his six corporate-friendly years in the state Assembly, Nation launched a Democratic primary challenge to US Rep. Lynn Woolsey — who has strong support in the North Bay congressional district because of her courageous leadership against the Iraq war and for a wide range of progressive causes. Nation attacked her from the right. She trounced him on Election Day.

Nation’s long record of siding with powerful economic players inspired the San Francisco Apartment Association and other landlord groups to throw a big fundraiser for his Senate campaign a couple of weeks ago. To big-check donors with an anti-renter agenda, plunking down money for Nation is a smart investment.

Independent polls now show a close race between Nation and Leno, with Migden a distant third. As a practical matter, the way for progressive voters to prevent Joe Nation from winning the state Senate seat is to vote for Mark Leno. *

Norman Solomon is the author of many books, including War Made Easy: How Presidents and Pundits Keep Spinning Us to Death (Wiley, 2005).

Joe Nation’s friends are bad news II

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joenation.jpg pg&e.jpg landlord1.jpg

More on why Joe Nation’s friends are bad news:

The Mark Leno campaign has done an analysis of the independent expenditure campaigns supporting Nation, and there are some truly nasty bad guys in there. Many of them (for example, our old friends PG&E) gave campoaign cash directly to Nation, then gave more money through the IEs.

Check out the list, taken from a Leno press release:

Civil Justice Association of California (CJAC) $342,544

A group of big oil, insurance, banking, chemical, pharmaceutical companies as well as companies involved in the subprime mortgage meltdown. They were co-sponsors of Proposition 64, which was opposed by consumer and environmental advocates and weakened the general public’s ability to pursue lawsuits over unfair business practices and environmental violations. CJAC works to limit their member’s liability when lawsuits are brought against them from consumers, patients, workers or environmental advocates.

* Joe Nation took $1,000 from Pacific Gas & Electric Co., CJAC member

* Joe Nation took $3,600 from California Apartment Association, CJAC member

* Joe Nation took $1,000 from the CA Hospital Association, CJAC member

* Joe Nation took $3,600 from MEDPAC of the CA Association of Physician Groups, sponsored by the CA Association of Physicians Organizations Los Angeles, CJAC member

* Joe Nation took $3,200 from the San Francisco Apartment Association, California Apartment Association is a CJAC member

* Joe Nation took $7,200 from the California Real Estate Political Action Committee, CJAC member

Cooperative of American Physicians $100,000

A group that provides liability insurance for it’s member physicians and advocates to maintain the liability caps up-held in the Medical Injury Compensation Reform Act (MICRA), which capped their liability in malpractice lawsuits at 1975 levels.

* Joe Nation took $3,600 from Cooperative of American Physicians

Californians Allied for Patient Protection (CAPP) $50,000

A group of corporate hospitals, doctors, insurance companies and others in the medical industry whose priority is to maintain the liability caps up-held in the Medical Injury Compensation Reform Act (MICRA), which capped their liability in malpractice lawsuits at 1975 levels.

* Joe Nation took $3,600 from Californians Allied for Patient Protection

* Joe Nation took $3,600 from MICRA California PAC of NorCal Mutual Insurance Company, member of CAPP

Californians for Jobs and a Strong Economy $3,277

A group of insurance companies, financial-services firms, developers, card clubs and biotechnology companies

I still think it’s a two-person race now, with Carole Migden far behind. And I think the best way to stop Nation is to vote for Leno. But whoever you support, don’t vote for Nation.

Flying the coop?

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› news@sfbg.com

GREEN CITY From inside the trailer-size office at Sunrise Farms, one can hear the incessant squawking of 160,000 chickens housed nearby. The Petaluma-based egg producer generates the vast majority of eggs sold in the Bay Area with its seven properties and 1 million hens, one of two large egg operations in a region that used to have thousands of smaller chicken farms.

On one wall of the office a framed aerial black-and-white photograph shows the same property as it appeared more than 70 years ago. The layout of buildings hasn’t changed much over time, still retaining the long, thin structures aligned side-by-side. But in the photograph, little white specks populate the space between buildings — they’re chickens, and all 10,000 were free to wander. Today the birds are kept indoors and, to save space and increase production, are typically confined in small cages. These "battery" cages are stacked in rows four cages high, allowing each bird 67 square inches of room — about the size of a large shoebox.

Although the egg industry says the cage systems are science-based and humane, animal welfare activists say they are cruel and restrict natural behaviors. In November, voters will decide whether to ban the cages in California, thanks to a six-month signature-gathering effort sponsored by the Humane Society of the United States along with other animal welfare groups. As hundreds of veterinarians, businesses, farmers, and politicians — including Assembly member Mark Leno and state senator Carole Migden — continue to endorse the measure, the California egg industry is rallying farmers from across the country against it. If voters approve the law, California’s egg farmers would be required to move the state’s 19 million caged birds into cage-free facilities by 2015.

Since 2002, Florida, Arizona, Oregon, and Colorado have passed similar laws regarding the confinement of pregnant pigs and veal calves in crates — both included in the California measure — but California would be the first state to pass a law regarding the confinement of egg-laying hens. The pork and veal industries have begun voluntarily phasing out confinement practices nationally, and animal welfare groups hope for a similar response from the egg industry if the measure passes in California.

But some consumer groups and egg producers fear the cost of eggs could increase drastically as a result of the new laws. The industry is historically volatile, with prices rising and falling week to week due to disease outbreaks and fluctuating consumer demand. Recently, however, the industry has seen steady growth. The average American now buys around 260 eggs per year, an increase since the 1990s that has resulted in higher profits for the $3 billion-a-year industry.

Although the financial toll the measure would have on farmers and consumers is unclear, the Humane Society touts a study prepared for an industrywide meeting in 2006 as evidence that the cost to switch over to cage-free farming would be minimal. The report claims that the difference between constructing and operating a cage-free facility compared to a caged one amounts to less than one cent per egg. However, the work-up assumes land prices of $10,000 per acre — a fourth of the average land cost in Sonoma County. But even using the higher estimate, the difference is still only slightly more than a penny per egg.

Arnie Riebli, the managing owner of Sunrise Farms, says he disagrees with those figures and doesn’t understand how they were calculated. Indeed, he thinks the cost of cage-free production is closer to double that of caged production. Even so, he says that while initial costs are higher, he receives a higher profit margin on cage-free eggs because of their specialty pricing.

If required to raise only cage-free birds, Riebli says his business will lose its competitive edge to out-of-state producers. One-third of California’s eggs currently come from outside of the state, which means the delivery routes and trucks from the Midwest are established, which means flow could easily be increased. "Every other state is going to sit out there and ship more eggs in here," he says. "They’re not stopping it. They’re just moving it somewhere else."

Riebli’s says he is concerned with his hens’ welfare as much as ever, and has taken trips across the world to research the latest in hen-raising technology. But he stands by his methods. "I use myself as a judge to see what my animals will like," he says. "I go into the building just as I am. If I’m comfortable without a mask, without any protection, then the birds must be too."

The chickens closest to the office are considered cage-free. The 4,000 birds inside the building are fed an all-organic diet and, although quarters are still tight (slightly over a square foot is allotted for each), the birds can dust bathe, perch on posts, and spread their wings. Sunrise Farms reflects the entire industry, since only about 5 percent of its egg-laying hens are raised without cages. In most other buildings, birds are held in battery cages. Ten birds live in each four-foot metal cage.

The eggs are packed on site and distributed through NuCal Foods, the largest egg supplier in the western United States. NuCal also delivers eggs from Gemperle Enterprises, the company whose facility recently came under fire after animal rights activists released undercover footage of severe animal abuse at its farm. Although the farm now claims the video was staged, it showed heinous acts of cruelty, including stomping and throwing hens. More important, it showed the conditions of the hens living in battery cages. Many had excessive feather loss, abnormal growths, and infections.

Riebli says he wants to distance his farm from the cruel treatment shown in the video. Still, he admits that all laying hens are susceptible to cancers, infections, and feather loss, although not usually as severe as what was shown in the video. "There’s a disconnect to where people’s food comes from," Riebli says. "They think it comes from the back of the grocery store, but unfortunately it doesn’t. It has to come from somewhere."

The Riebli family has been in the Petaluma egg business for more than 100 years, and since 1960 his company has grown by joining with other egg producers. The farm survived the Depression, the bird-flu scare, many salmonella outbreaks, and even break-in attempts from animal rights activists. Now that iron bars guard the office windows, Riebli is no longer as worried about criminal attempts against his farm. His main concern these days is that the law, although aimed at protecting chickens, could put him out of business.

"Animals are not human," he says, furrowing his brow and raising his voice slightly. "They don’t have intellect. Chickens probably have brains the size of a pea."

Sara Shields, who holds a doctorate in animal behavior from the University of California, Davis, is among the most vocal American scientists to oppose the use of battery cages. She notes that in Europe, where battery cages were banned in 1999, she’d be considered moderate. She recently released an extensive study comparing the welfare of hens in battery cages to those in cage-free systems. "I would like to see us raise the bar for the treatment of animals," she says. "There’s a limit to how high that bar can be set in cages. I don’t think cages have the potential to be humane."

But most American agricultural scientists disagree and say both systems can be operated humanely, though they grant that poorly-run versions of either type can be disastrous. To prevent mismanagement, United Egg Producers, a lobbying group that represents 85 percent of the country’s egg farms, decided to develop standards for caged production in 1999. They sought out UC Davis poultry scientist Joy Mench to lead a team of scientists in creating these welfare guidelines.

By analyzing the disease, injury, mortality, and productivity rates of birds kept in different systems and spaces, the group developed criteria that the industry subsequently adopted. Among these standards is the 67-square-inch minimum space requirement for each hen. These measures mostly focus on disease and mortality control as well as egg-laying productivity, but have less concern for behavioral welfare.

Although caged birds in modern systems sometimes have lower disease rates than cage-free birds, Shields says the potential for humane treatment in cage-free systems is much higher. Most scientists agree that hens in battery cages cannot engage in many of their natural behaviors, including wing-flapping, nest-building, perching, dust-bathing, scratching, and preening. And although disease control in cage-free systems is more difficult, Shields says, cage-free flocks can be maintained healthfully and successfully.

But Riebli has had problems with one of his younger cage-free flocks at Sunrise Farms. They became startled and piled on top of each other earlier this month, he says, suffocating 20 percent of the birds.

But Shields says this is highly unusual, and points toward newer, aviary-style cage-free systems as a solution for producers who encounter the problem. These methods divide the birds into smaller flocks within the same building, and rely on multiple levels to allow birds to perch and nest. Another potential issue, she says, is the lack of a perfectly-bred hen for cage-free production. After years of breeding hens to produce well in battery cages, breeders only recently have begun breeding for traits that benefit cage-free production. "The bird needs to be suited to the environment, and the environment also needs to be more suited to the birds," she says.

An aviary system costs more to set up than an empty cage-free building, but Shields dismisses these costs. "If we keep racing to the bottom in the name of cheap food, the eventual cost is going to be put on the animals," Shields says. "At some point we have to balance economic costs with moral and ethical considerations."

Over the past two-and-a-half years, a group of 15 politicians, scientists, farmers, and ranchers banded together to do just that. The Pew Commission on Industrial Farm Animal Production released a report last month detailing many troubling issues with the country’s farm animal production. The group specifies that the California ballot measure is a great place to start.

More than 100 cows graze Bill Niman’s 1,000-acre Marin County ranch, but only a couple have ever successfully navigated down the cliffs from the pastures to the beaches. Niman’s home is less than a mile inland, and on clear days he can see across the bay to San Francisco and even Daly City. He founded Niman Ranch on this property in the early 1970s and quickly caused a stir by deciding not to feed antibiotics and hormones to his cows. At first his fellow ranchers didn’t take him seriously, but now nearly all beef producers feed their cattle hormone-free food. More than 30 years later, Niman is determined to use the credibility he has earned to help all farm animals gain better treatment.

Last year, at 63, he gave up his seat on Niman Ranch’s board of directors, effectively ending his involvement with the company he once ran. Now he volunteers with the Pew Commission on Industrial Farm Animal Production. "One of my missions in life is to change the way animals are treated and how food is produced in this country," he says.

As part of the commission’s research, Niman visited one of the nation’s largest caged production houses in Colorado. Despite the state-of-the-art automated system, Niman was not impressed. "It’s pretty hard to put a rosy picture of 1 million chickens living five birds to a cage with no room to move around or stretch their wings," he says. "If I ran the place, I’d have trouble sleeping at night."

Niman believes the public wants to see reform in the food production industry. He says that this measure, and any laws that improve animal welfare, will only expedite what would eventually come naturally due to consumer demand. "I’m not one to advocate more and more legisutf8g, but I also know what’s going on out there," he says. "Change is so critical — and coming — that the sooner that change can begin, and the more orderly and methodical that change can be, the better off everyone will be."

Niman is part of a food movement centered around the Bay Area that includes author and University of California, Berkeley professor Michael Pollan, who also has expressed support for the measure. "The treatment [of hens] is important for reasons for morality, ethics, and sustainability," Pollan tells the Guardian, adding another ulterior motive for changing how hens are kept: "Eggs from hens that live outdoors on grass are a excellent product, even more nutritious and tasty." *

State Senate update: The newspaper endorsements

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Carole Migden got the Bay Area Reporter, which is a significant achievement since the B.A.R. has often tended more toward the moderate side of gay politics:

A sitting incumbent who has a solid record of accomplishment – both for the LGBT community and residents as a whole – should not be driven from office because she has a strong personality or has been gruff at times in her dealings with people.

Mark Leno got the Pacific Sun, the major alt-weekly in Marin, which complains that Migden has been out of touch with the North Bay part of the district:

When she first ran for this seat in ’04 she alienated large numbers of local people, including Democrats, at a San Rafael Chamber of Commerce candidates’ event and in other actions that made it clear she had little interest in the parts of the 3rd District north of the Golden Gate. While she says she was quietly working on Marin issues, including solving a Sausalito houseboat problem, in the first part of her term, most people saw her as out of touch with Marin. From the time Mark Leno declared his intent to run for her seat, she has been a legislative dynamo on North Bay issues.

Joe Nation’s got the landlords.

Joe Nation, the landlord’s man

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The Marin Organizing Committee held a rally May 8th in San Rafael that attracted all three state Senate candidates to discuss issues of social welfare in the county. More than 600 people showed up, and by Marin standards, that’s a huge crowd.

Among the top issues: Prop. 98, the horrible ballot measure that would end rent control in California.

All three candidates say they are against 98.

Mark Leno and Carole Migden got to the rally on time. Joe Nation was a bit late. The reason: He had to stop first in San Francisco – at a fundraiser sponsored by some of the same landlord groups that are funding Yes on 98.

That’s right: Nation went and took some big checks from the pro-Prop. 98 landlords, then drove across the bridge for a No on 98 rally.

Lisa Christensen, Nation’s campaign manager, told me that Nation “has been against Prop. 98 from the start, and wears his No on 98 button everywhere he goes.” As for his alliance with the landlords? “San Francisco politics is a melee,” she said. “Some of my dearest friends are passionately against me on some issues, and we work together on others.”

I wonder if he took the No on 98 button off for the landlord party.

Woolsey endorses Leno

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Just heard from Mark Leno that Lynn Woolsey, the popular Democratic Congressional Rep. from the North Bay, has endorsed him for state Senate. I suspect Woolsey, like many of us, has come to believe that, for better or for worse, this is a two-person race at this point between Leno and Joe Nation.

Leno’s next move

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Mark Leno called today to thank us for endorsing him. I reminded him that this was a leap of faith for us, and that I’d gotten a lot of shit from some of my best political friends over the endorsement, and I told him that (a) he better not ever do anything boneheaded like endorsing Michael Yaki again, and (b) he needs to start now trying to repair the rifts that this race has caused. He promised me that was a top priority.

And then after I got off the phone I got an idea, which — like just about everything I’ve said to Leno — is worth putting out in public.

Mark: Why not start the process now by annoucing that you’ll support Debra Walker for District 6 supervisor in 2010?

She’s running. She told me that last week. She’s going to be the consensus progressive candidate to succeed Chris Daly. She’s a queer community leader, a leader in the arts community, an experienced political activist and city commissioner … she’s pretty much perfect for the job.

And she’s a supporter of Carole Migden.

That’s the sort of bold move it’s going to take to prove that you’re serious about bringing people together. And it’s a no-brainer, since Walker is such an extraordinary person and exceptional candidate. Nothing to lose here, Mark, and everything to gain. I have her phone number if you need it.

PS: Update: I’ve apparently been wrong in one of my criticisms — Leno says he never endorsed Michael Yaki. Sorry about the error.

Endorsements

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>>Click here for the full-text version of this story

Wait, wasn’t the primary election back in February? Yes, it was — in a way. The California Legislature, in an effort to make the state more relevant (that turned out well, didn’t it?) moved the presidential primary several months earlier this year but left the rest of the primary races, and some key initiatives, for the June 3 ballot. There’s a lot at stake here: three contested Legislative races, two judicial races, a measure that could end rent control in California … vote early and often. Our endorsements follow.

National races

Congress, District 6

LYNN WOOLSEY


It’s an irony that the congressional representative from Marin and Sonoma counties is far to the left of the representative from San Francisco, but Lynn Woolsey’s politics put Nancy Pelosi to shame. Woolsey was against the Iraq war from the start and the first member of Congress to demand that the troops come home, and she continues to speak out on the issue. At the same time, she’s also a strong advocate for injured veterans.

Woolsey, who once upon a time (many years ago) was on welfare herself, hasn’t forgotten what it’s like to have trouble making ends meet. She’s a leading voice against cuts in social service spending and is now pushing a bill to increase food stamp benefits. She richly deserves reelection.

Congress, District 7

GEORGE MILLER


George Miller, who has represented this East Bay district since 1974, is an effective legislator and strong environmentalist. Sometimes he’s too willing to compromise — he worked with the George W. Bush administration on No Child Left Behind, a disaster of an education bill — but he’s a solid opponent of the war and we’ll endorse him for another term.

Congress, District 8

NO ENDORSEMENT


Cindy Sheehan, the antiwar activist, is moving forward with her campaign to challenge Nancy Pelosi as an independent candidate in November, and we wish her luck. For now, Pelosi, the Speaker of the House and one of the most powerful people in Washington, will easily win the Democratic primary.

But Pelosi long ago stopped representing her San Francisco district. She continues to support full funding for Bush’s war, refused to even consider impeachment (back when it might have made sense), refused to interact with war critics who camped out in front of her house … and still won’t acknowledge it was a mistake to privatize the Presidio. We can’t endorse her.

Congress, District 13

PETE STARK


You have to love Pete Stark. The older he gets, the more radical he sounds — and after 32 years representing this East Bay district, he shows no signs of slowing down. Stark is unwilling to be polite or accommodating about the Iraq war. In 2007 he announced on the floor of the House that the Republicans "don’t have money to fund the war or children. But you’re going to spend it to blow up innocent people if we can get enough kids to grow old enough for you to send to Iraq to get their heads blown off for the president’s amusement." He happily signed on to a measure to impeach Vice President Dick Cheney. He is the only member of Congress who proudly admits being an atheist. It’s hard to imagine how someone like Stark could get elected today. But we’re glad he’s around.

Nonpartisan offices

Superior Court, Seat 12

GERARDO SANDOVAL


There aren’t many former public defenders on the bench in California. For years, governors — both Democratic and Republican — have leaned toward prosecutors and civil lawyers from big downtown firms when they’ve made judicial appointments. So the San Francisco judiciary isn’t, generally speaking, as progressive or diverse as the city.

Sup. Gerardo Sandoval, who will be termed out this year, is looking to become a judge — and there’s no way this governor would ever appoint him. So he’s doing something that’s fairly rare, even in this town: he’s running for election against an incumbent.

We’re happy to see that. It’s heartening to see an actual judicial election. Judges are technically elected officials, but most incumbents retire in the middle of their terms, allowing the governor to appoint their replacements, and unless someone files to run against a sitting judge, his or her name doesn’t even appear on the ballot.

Sandoval is challenging Judge Thomas Mellon, a Republican who was appointed by Gov. Pete Wilson in 1994. He’s not known as a star on the bench: according to California Courts and Judges, a legal journal that profiles judges and includes interviews with lawyers who have appeared before them, Mellon has a reputation for being unreasonable and cantankerous. In 2000, the San Francisco Public Defenders Office sought to have him removed from all criminal cases because of what the defense lawyers saw as a bias against them and their clients.

Sandoval hasn’t been a perfect supervisor, and we’ve disagreed with him on a number of key issues. But he’s promised us to work for more openness in the courts (including open meetings on court administration), and we’ll give him our endorsement.

State races and propositions

State Senate, District 3

MARK LENO


It doesn’t get any tougher than this — two strong candidates, each with tremendous appeal and a few serious weaknesses. Two San Francisco progressives with distinguished records fighting for a powerful seat that could possibly be lost to a third candidate, a moderate from Marin County who would be terrible in the job. Two people we genuinely like, for very different reasons. It’s fair to say that this is one of the hardest decisions we’ve had to make in the 42-year history of the Guardian.

In the end, we’ve decided — with much enthusiasm and some reservations — to endorse Assemblymember Mark Leno.

We will start with the obvious: this race is the result of term limits. Leno, who has served in the state Assembly for six years, argues, convincingly, that he is challenging incumbent state Sen. Carole Migden because he feels she hasn’t been doing the job. But Leno also loves politics, has no desire to return to life outside the spotlight, and if he could have stayed in the Assembly, the odds that he would have taken on this ugly and difficult race are slim. And if Leno hadn’t opened the door and exposed Migden’s vulnerability, there’s no way former Assemblymember Joe Nation of Marin would have thrown his hat into the ring. We’ve always opposed term limits; we still do.

That said, we’ll hold a few truths to be self-evident: In a one-party town, the only way any incumbent is ever held accountable is through a primary challenge. Those challenges can be unpleasant, and some — including Migden and many of her allies — argue that they’re a waste of precious resources. If Migden wasn’t scrambling to hold onto her seat, she’d be spending her money and political capital trying to elect more Democrats to the state Legislature. But Leno had every right to take on Migden. And win or lose, he has done a laudable public service: it’s been years since we’ve seen Migden around town, talking to constituents, returning phone calls and pushing local issues the way she has in the past few months. And while there will be some anger and bitterness when this is over — and some friends and political allies have been at each other’s throats and will have to figure out how to put that behind them — on balance this has been good for San Francisco. Migden has done much good, much to be proud of, but she had also become somewhat imperious and arrogant, a politician who hadn’t faced a serious election in more than a decade. If this election serves as a reminder to every powerful Democratic legislator that no seat is truly safe (are you listening, Nancy Pelosi?), then the result of what now seems like a political bloodbath can be only positive.

The Third Senate District, a large geographic area that stretches from San Francisco north into Sonoma County, needs an effective, progressive legislator who can promote issues and programs in a body that is not known as a bastion of liberal thought.

Both Migden and Leno can make a strong case on that front. Leno, for example, managed to get passed and signed into law a bill that amends the notorious pro-landlord Ellis Act to protect seniors and disabled people from evictions. He got both houses of the Legislature to approve a marriage-equality bill — twice. During his tenure in the unpleasant job of chairing the Public Safety Committee, he managed to kill a long list of horrible right-wing bills and was one of the few legislators to take a stand against the foolish measure that barred registered sex offenders from living near a park or school. Migden helped pass the landmark community-aggregation bill that allows cities to take a big step toward public power. She’s also passed several key bills to regulate or ban toxic substances in consumer products.

Migden’s record isn’t all positive, though. For a time, she was the chair of the powerful Appropriations Committee — although she gave up that post in 2006, abandoning a job that was important to her district and constituents, to devote more time to campaigning for Steve Westly, a moderate candidate for governor. When we challenged her on that move, she showed her legendary temper, attacking at least one Guardian editor personally and refusing to address the issue at hand. Unfortunately, that isn’t unusual behavior.

Then there’s the matter of ethics and campaign finance laws. The Fair Political Practices Commission has fined Migden $350,000 — the largest penalty ever assessed against a state lawmaker — for 89 violations of campaign finance laws. We take that seriously; the Guardian has always strongly supported ethics and campaign-finance laws, and this level of disregard for the rules raises serious doubts for us about Migden’s credibility.

Sup. Chris Daly posted an open letter to us on his blog last week, and he made a strong pitch for Migden: "While there are only a few differences between Carole and Mark Leno on the issues," he wrote, "when it comes to San Francisco politics, the two are in warring political factions. Carole has used her position in Sacramento consistently to help progressive candidates and causes in San Francisco, while Leno is a kinder, gentler Gavin Newsom."

He’s absolutely right. On the local issues we care about, Migden has been with us far more than Leno. When the public power movement needed money and support in 2002, Migden was there for us. When the University of California and a private developer were trying to turn the old UC Extension campus into luxury housing, Migden was the one who helped Sup. Ross Mirkarimi demand more affordable units. Migden was the one who helped prevent a bad development plan on the Port. Migden stood with the progressives in denouncing Newsom’s budget — and Leno stood with the mayor.

The district supervisorial battles this fall will be crucial to the city’s future, and Migden has already endorsed Eric Mar, the best progressive candidate for District 1, and will almost certainly be with John Avalos, the leading progressive in District 11. Leno may well back a Newsom moderate. In fact, he’s made himself a part of what labor activist Robert Haaland aptly calls the "squishy center" in San Francisco, the realm of the weak, the fearful, and the downtown sycophants who refuse to promote progressive taxes, regulations, and budgets at City Hall. His allegiance to Newsom is truly disturbing.

There’s a war for the soul of San Francisco today, as there has been for many years, and Leno has often tried to straddle the battle lines, sometimes leaning a bit to the wrong camp — and never showing the courage to fight at home for the issues he talks about in Sacramento. We’ll stipulate to that — and the only reason we can put it aside for the purposes of this endorsement is that Leno has never really had much in the way of coattails. He supports the wrong candidates, but he doesn’t do much for them — and we sincerely hope it stays that way.

While Leno is too close to Newsom, we will note that Migden is far too close to Gap founder and Republican leader Don Fisher, one of the most evil players in local politics. She proudly pushed to put Fisher — who supports privatizing public schools — on the state Board of Education.

A prominent local progressive, who we won’t identify by name, called us several months ago to ask how were going to come down in this race, and when we confessed indecision, he said: "You know, I really want to support Carole. But she makes it so hard."

We find ourselves in a similar position. We really wanted to support Migden in this race. We’d prefer to see the state senator from San Francisco using her fundraising ability and influence to promote the candidates and causes we care about.

But Migden has serious political problems right now, baggage we can’t ignore — and it’s all of her own making. Migden says her problems with the Fair Political Practices Commission are little more than technical mistakes — but that’s nonsense. She’s played fast and loose with campaign money for years. When it comes to campaign finance laws, Migden has always acted as if she rules don’t apply to her. She’s treated FPPC fines as little more than a cost of doing business. This latest scandal isn’t an exception; it’s the rule.

Unfortunately, it’s left her in a position where she’s going to have a hard time winning. Today, the election looks like a two-person race between Leno and Nation. And the threat of Joe Nation winning this primary is too great for us to mess around.

Despite our criticism of both candidates, we would be happy with either in the state Senate. We’re taking a chance with Leno; he’s shown some movement toward the progressive camp, and he needs to continue that. If he wins, he will have a huge job to do bringing a fractured queer and progressive community back together — and the way to do that is not by simply going along with everything Newsom wants. Leno has to show some of the same courage at home he’s shown in Sacramento.

But right now, today, we’ve endorsing Mark Leno for state Senate.

State Senate, District 9

LONI HANCOCK


This is another of several tough calls, another creature of term limits that pit two accomplished and experienced termed-out progressive assembly members against each other for the senate seat of termed-out Don Perata. We’ve supported both Loni Hancock and Wilma Chan in the past, and we like both of them. In this one, on balance, we’re going with Hancock.

Hancock has a lifetime of experience in progressive politics. She was elected to the Berkeley City Council in 1971, served two terms as Berkeley mayor, worked as the US Department of Education’s western regional director under Bill Clinton, and has been in the State Assembly the past six years. On just about every progressive issue in the state, she’s been an activist and a leader. And at a time when the state is facing a devastating, crippling budget crisis that makes every other issue seem unimportant, Hancock seems to have a clear grasp of the problem and how to address it. She’s thought through the budget calculus and offers a range of new revenue measures and a program to change the rules for budget passage (two-thirds vote in the legislature is needed to pass any budget bill, which gives Republicans, all but one who has taken a Grover Norquist–inspired pledge never to raise taxes, an effective veto).

Chan, who represented Oakland in the assembly for six years, is a fighter: she’s taken on the insurance industry (by cosponsoring a major single-payer health insurance bill), the chemical industry (by pushing to ban toxic materials in furniture, toys, and plumbing fixtures), and the alcoholic-beverages lobby (by seeking taxes to pay for treatment for young alcoholics). She’s an advocate of sunshine, not just in government, where she’s calling for an earlier and more open budget process, but also in the private sector: a Chan bill sought to force health insurance companies to make public the figures on how often they decline claims.

But she seems to us to have less of a grasp of the budget crisis and the level of political organizing it will take to solve it. Right now, at a time of financial crisis, we’re going with Hancock’s experience and broader vision.

State Assembly, District 12

FIONA MA


We were dubious about Ma. She was a pretty bad supervisor, and when she first ran for Assembly two years ago, we endorsed her opponent. But Ma’s done some good things in Sacramento — she’s become one of the leading supporters of high-speed rail, and she’s working against state Sen. Leland Yee’s attempt to give away 60 acres of public land around the Cow Palace to a private developer. She has no primary opponent, and we’ll endorse her for another term.

State Assembly, District 13

TOM AMMIANO


This one’s easy. Ammiano, who has been a progressive stalwart on the Board of Supervisors for more than 15 years, is running with no opposition in the Democratic primary for state Assembly, and we’re proud to endorse his bid.

Although he’s certain to win, it’s worth taking a moment to recall the extent of Ammiano’s service to San Francisco and the progressive movement. He authored the city’s domestic partners law. He authored the living wage law. He created the universal health care program that Mayor Newsom is trying to take credit for. He sponsored the 2002 public-power measure that would have won if the election hadn’t been stolen. He created the Children’s Fund. He authored the Rainy Day Fund law that is now saving the public schools in San Francisco. And the list goes on and on.

Beyond his legislative accomplishments, Ammiano has been a leader — at times, the leader — of the city’s progressive movement and is at least in part responsible for the progressive majority now on the Board of Supervisors. In the bleak days before district elections, he was often the only supervisor who would carry progressive bills. His 1999 mayoral challenge to incumbent Willie Brown marked a tectonic shift in local politics, galvanizing the left and leading the way to the district-election victories that brought Aaron Peskin, Matt Gonzalez, Jake McGoldrick, Chris Daly, and Gerardo Sandoval to office in 2000.

It’s hard to imagine the San Francisco left without him.

Ammiano will do a fine job in Sacramento, and will continue to use his influence to push the progressive agenda back home.

State Assembly, District 14

KRISS WORTHINGTON


This is another tough one. The race to replace Loni Hancock, one of the most progressive and effective legislators in the state, has drawn two solid, experienced, and well-qualified candidates: Berkeley City Council member Kriss Worthington and former council member Nancy Skinner. We like Skinner, and she would make an excellent assemblymember. But all things considered, we’re going with Worthington.

Skinner was on the Berkeley council from 1984 to 1992 and was part of a progressive majority in the 1980s that redefined how the left could run a city. That council promoted some of the best tenant protection and rent control laws in history, created some of the best local environmental initiatives, and fought to build affordable housing and fund human services. Skinner was responsible for the first local law in the United States to ban Styrofoam containers — a measure that caused McDonald’s to change its food-packaging policies nationwide. She went on to found a nonprofit that helps cities establish sustainable environmental policies.

Skinner told us that California has "gutted our commitment to education," and she vowed to look for creative new ways to raise revenue to pay for better schools. She’s in touch with the best economic thinkers in Sacramento, has the endorsement of Hancock (and much of the rest of the East Bay Democratic Party establishment), and would hit the ground running in the legislature.

Worthington, Berkeley’s only openly gay council member, has been the voice and conscience of the city’s progressive community for the past decade. He’s also been one of the hardest-working politicians in the city — a recent study by a group of UC Berkeley students found that he had written more city council measures than anyone else currently on the council and had won approval for 98 percent of them.

Worthington has been the driving force for a more effective sunshine law in Berkeley, and has been unafraid to challenge the liberal mayor, Tom Bates, and other leading Democrats. His campaign slogan — "a Democrat with a backbone" — has infuriated some of the party hierarchy with its clear (and intended) implication that a lot of other Democrats lack a spine.

"All of the Democrats in the assembly voted for 50,000 more prison beds," he told us. "We needed a Barbara Lee [who cast Congress’ lone vote against George W. Bush’s first war resolution] to stand up and say, ‘this is wrong and I won’t go along.’"

That’s one of the things we like best about Worthington: on just about every issue and front, he’s willing to push the envelope and demand that other Democrats, even other progressive Democrats, stand up and be counted. Which is exactly what we expect from someone who represents one of the most progressive districts in the state.

It’s a close call, but on this one, we’re supporting Kriss Worthington.

State ballot measures

Proposition 98

Abolition of rent control

NO, NO, NO


Proposition 99

Eminent domain reforms

YES, YES, YES


There’s a little rhyme to help you remember which way to vote on this critical pair of ballot measures:

"We hate 98, but 99 is fine."

The issue here is eminent domain, which is making its perennial ballot appearance. Californians don’t like the idea of the government seizing their property and handing it over to private developers, and the most conservative right-wing forces in the state are trying to take advantage of that.

Think about this: if Prop. 98 passes, there will be no more rent control in California. That means thousands of San Francisco tenants will lose their homes. Many could become homeless. Others will have to leave town. All the unlawful-evictions laws will be tossed out. So will virtually any land-use regulations, which is why all the environmental groups also oppose Prop. 98.

In fact, everyone except the Howard Jarvis anti-tax group hates this measure, including seniors, farmers, water districts, unions, and — believe it or not — the California Chamber of Commerce.

Prop. 99, on the other hand, is an unapologetic poison-pill measure that’s been put on the ballot for two reasons: to fix the eminent domain law once and for all, and kill Prop. 98 if it passes. It’s simply worded and goes to the heart of the problem by preventing government agencies from seizing residential property to turn over to private developers. If it passes, the state will finally get beyond the bad guys using the cloak of eminent domain to destroy all the provisions protecting people and the environment.

If anyone has any doubts about the motivation here, take a look at the money: the $3 million to support Prop. 98 came almost entirely from landlords.

This is the single most important issue on the ballot. Remember: no on 98, yes on 99.

San Francisco measures

Proposition A

School parcel tax

YES, YES, YES


Every year, hundreds of excellent teachers leave the San Francisco Unified School District. Some retire after a career in the classroom, but too many others — young teachers with three to five years of experience — bail because they decide they can’t make enough money. San Francisco pays less than public school districts in San Mateo and Marin counties and far less than private and charter schools. And given the high cost of living in the city, a lot of qualified people never even consider teaching as a profession. That harms the public school system and the 58,000 students who rely on it.

It’s a statewide problem, even a national one — but San Francisco, with a remarkable civic unity, is moving to do something about it. Proposition A would place an annual tax on every parcel of land in the city; the typical homeowner would pay less than $200 a year. The money would go directly to increasing pay — mostly starting pay — for teachers. The proposition, which has the support of almost everyone in town except the Republican Party, is properly targeted toward the newer teachers, with the goal of keeping the best teachers on the job past that critical three to five years.

Parcel taxes aren’t perfect; they force homeowners and small businesses to pay the same rate as huge commercial property owners. The way land is divided in the city most big downtown properties sit on at least five, and sometimes as many as 10 or 20 parcels, so the bill will be larger for them. But it’s still nowhere near proportionate.

Still, Prop. 13 has made it almost impossible to raise ad valorum property taxes (based on a property’s assessed value) in the state, and communities all around the Bay are using parcel taxes as a reasonable if imperfect substitute.

There’s a strong campaign for Prop. A and not much in the way of organized opposition, but the measure still needs a two-thirds vote. So for the sake of public education in San Francisco, it’s critical to vote yes.

Proposition B

City retiree benefits change

YES


San Francisco has always offered generous health and retirement benefits to its employees. That’s a good thing. But in this unfortunate era, when federal money is getting sucked into Iraq, state money is going down the giant deficit rat hole, and nobody is willing to raise taxes, the bill for San Francisco’s expensive employee benefit programs is now looking to create a fiscal crisis at City Hall. Officials estimate the payout for current and past employees could total $4 billion over the next 30 years.

So Sup. Sean Elsbernd and his colleagues on the Board of Supervisors have engineered this smart compromise measure in a way that saves the city money over the long run and has the support of labor unions (largely because it includes an increase in the pensions for longtime employees, partially offset by a one-year wage freeze starting in 2009) while still offering reasonable retirements benefits for new employees.

Previously, city employees who worked just five years could get taxpayer-paid health benefits for life. Under this measure, it will take 20 years to get fully paid health benefits, with partially paid benefits after 10 years.

It’s rare to find an issue that has the support of virtually everyone, from the supervisors and the mayor to labor. Prop. B makes sense. Vote yes.

Proposition C

Benefit denials for convicts

NO


On the surface, it’s hard to argue against Prop. C, a measure promoted as a way to keep crooks from collecting city retirement benefits. Sup. Sean Elsbernd’s ballot measure would update an ordinance that’s been on the books in San Francisco for years, one that strips public employees found guilty of "crimes of moral turpitude" against the city of their pensions. A recent court case involving a worker who stole from the city raised doubt about whether that law also applied to disability pay, and Prop. C would clear up that possible loophole.

But there are drawbacks this measure.

For starters, the problem isn’t that big: cases of rejected retirement benefits for city workers are rare. And the law still uses that questionable phrase "moral turpitude" — poorly defined in state law, never clearly defined in this measure, and as any older gay person can tell you, in the past applied to conduct that has nothing to do with honesty. The US State Department considers "bastardy," "lewdness," "mailing an obscene letter" and "desertion from the armed forces," among other things, to be crimes of moral turpitude.

Besides, Prop. C would apply not only to felonies but to misdemeanors. Cutting off disability pay for life over a misdemeanor offense seems awfully harsh.

The law that Elsbernd wants to expand ought to be rethought and reconfigured for the modern era. So vote no on C.

Proposition D

Appointments to city commissions

YES


Prop. D is a policy statement urging the mayor and the supervisors to appoint more women, minorities, and people with disabilities to city boards and commissions. It follows a study by the Commission on the Status of Women that such individuals are underrepresented on the policy bodies that run many city operations.

Despite the overblown concerns raised by local Republicans in the ballot arguments, this advisory measure would do nothing to interfere with qualified white males — or anyone else — getting slots on commissions.

Vote yes.

Proposition E

Board approval of San Francisco Public Utilities Commission appointees

YES


"The last thing we need is more politics at the San Francisco Public Utilities Commission," was the first line in Mayor Gavin Newsom’s ballot argument against Prop. E. That’s ironic: it was Newsom’s recent political power play — including the unexplained ousting of SFPUC General Manager Susan Leal and the partially successful effort to reappoint his political allies to this important body — that prompted this long overdue reform.

The SFPUC is arguably the most powerful and important of the city commissions, controlling all the vital resources city residents need: water, power, and waste disposal chief among them. Yet with the mayor controlling all appointments to the commission (it takes a two-thirds vote of the Board of Supervisors to challenge an appointment), that panel has long been stacked with worthless political hacks. As a result, the panel never pursued progressive approaches to conservation, environmental justice, public power, or aggressive development of renewable power sources.

Prop. E attempts to break that political stranglehold by requiring majority confirmation by the Board of Supervisors for all SFPUC appointments. It also mandates that appointees have some experience or expertise in matters important to the SFPUC.

If anything, this reform is too mild: we would have preferred that the board have the authority to name some of the commissioners. But that seemed unlikely to pass, so the board settled for a modest attempt to bring some oversight to the powerful panel.

Vote yes on Prop. E — because the last thing we need is more politics at the SFPUC.

Proposition F

Hunters Point-Bayview redevelopment

YES


Proposition G

NO


On the face of it, Proposition G sounds like a great way to restart the long-idle economic engine of the Bayview and clean up the heavily polluted Hunters Point Shipyard.

Who could be against a plan that promises up to 10,000 new homes, 300 acres of new parks, 8,000 permanent jobs, a green tech research park, a new 49ers stadium, a permanent home for shipyard artists, and a rebuild of Alice Griffith housing project?

The problem with Prop. G is that its promises are, for the most part, just that: promises — which could well shift at any time, driven by the bottom line of Lennar Corp., a financially stressed, out-of-state developer that has already broken trust with the Bayview’s low-income and predominantly African American community.

Lennar has yet to settle with the Bay Area air quality district over failures to control asbestos dust at a 1,500-unit condo complex on the shipyard, where for months the developer kicked up clouds of unmonitored toxic asbestos dust next to a K-12 school.

So, the idea of giving this corporation more land — including control of the cleanup of a federal Superfund site — as part of a plan that also allows it to construct a bridge over a slough restoration project doesn’t sit well with community and environmental groups. And Prop. G’s promise to build "as many as 25 percent affordable" housing units doesn’t impress affordable housing activists.

What Prop. G really means is that Lennar, which has already reneged on promises to create much-needed rental units at the shipyard, now plans to build at least 75 percent of its housing on this 770-acre waterfront swathe as luxury condos.

And with the subprime mortgage crisis continuing to roil the nation, there is a real fear that Prop. G’s final "affordability" percentage will be set by Lennar’s profit margins and not the demographics of the Bayview, home to the city’s last major African American community and many low-income people of color.

There’s more: The nice green space that you see in the slick Lennar campaign fliers is toxic and may not be fully cleaned up. Under the plan, Lennar would put condo towers on what is now state parkland, and in exchange the city would get some open space with artificial turf on top that would be used for parking during football games. Assuming, that is, that a deal to build a new stadium for the 49ers — which is part of all of this — ever comes to pass.

In fact, the lion’s share of a recent $82 million federal funding allocation will be dedicated to cleaning up the 27-acre footprint proposed for a new stadium. In some places, the city is planning to cap contaminated areas, rather than excavate and remove toxins from the site.

If the environmental justice and gentrification questions swirling around Prop. G weren’t enough, there remains Prop. G’s claim that it will create 8,000 permanent jobs once the project is completed. There’s no doubt that the construction of 10,000 mostly luxury homes will create temporary construction jobs, but it’s not clear what kind of jobs the resulting gentrified neighborhood will provide and for whom.

But one thing is clear: the $1 million that Lennar has already plunked down to influence this election has overwhelmingly gone to line the pockets of the city’s already highly paid political elite, and not the people who grew up and still live in the Bayview.

But there’s an alternative.

Launched as a last-ditch effort to prevent wholesale gentrification of the Bayview, Proposition F requires that 50 percent of the housing in the BVHP/Candlestick Point project be affordable to those making less than the median area income ($68,000 for a family of four).

That’s a reasonable mandate, considering that the city’s own general plan calls for two-thirds of all new housing to be sold or rented at below-market rates.

And if the new housing is built along Lennar’s plans, it will be impossible to avoid large-scale gentrification and displacement in a neighborhood that has the highest percentage of African Americans in the city, the third highest population of children, and burgeoning Latino and Asian immigrant populations.

Lennar is balking at that level, saying a 50-percent affordability mandate would make the project financially unfeasible. But if Lennar can’t afford to develop this area at levels affordable to the community that lives in and around the area, the city should scrap this redevelopment plan, send this developer packing, and start over again.

San Francisco has an affordable housing crisis, and we continue to doubt whether the city needs any more million-dollar condos — and we certainly don’t need them in a redevelopment area in the southeast. Remember: this is 700 acres of prime waterfront property that Lennar will be getting for free. The deal on the table just isn’t good enough.

Vote yes on F and no on G.

Proposition H

Campaign committees

NO


This one sounds just fine. Promoted by Mayor Gavin Newsom, Proposition H is supposedly aimed at ensuring that elected officials don’t solicit money from city contractors for campaigns they are sponsoring. But it lacks a crucial legal definition — and that turns what ought to be a worthy measure into little more than an attack on Newsom’s foes on the Board of Supervisors.

The key element is something called a "controlled committee." It’s already illegal for city contractors to give directly to candidates who might later vote on their contracts. Prop. H would extend that ban to committees, typically run for or against ballot measures, that are under the control of an individual politician.

Take this one, for example. Since Newsom put this on the ballot, and will be campaigning for it, the Yes on H campaign is under his control — he would be barred from collecting cash from city contractors, right? Well, no.

See, the measure doesn’t define what "controlled committee" means. So a group of Newsom’s allies could set up a Yes on H fund, raise big money from city contractors, then simply say that Newsom wasn’t officially aware of it or involved in its operation.

When Newsom first ran for mayor, the committee supporting his signature initiative — Care Not Cash — raised a fortune, and the money directly helped his election. But that wasn’t legally a "controlled committee" — because Newsom never signed the documents saying he was in control.

Prop. H does nothing to change that rule, which means it would only affect campaign committees that a politician admits to controlling. And guess what? Newsom almost never admits that, while the supervisors, particularly board president Aaron Peskin, are a bit more honest.

When Newsom wants to clearly define "controlled committee" — in a way that would have brought the Care Not Cash effort under the law — we’ll go along with it. For now, though, vote no on H.

San Francisco Democratic County Central Committee

The DCCC is the policy-making and operating arm of the local Democratic Party, and it has a lot of influence: the party can endorse in nonpartisan elections — for San Francisco supervisor, for example — and its nod gives candidates credibility and money. There’s been a struggle between the progressives and the moderates for years — and this time around, there’s a serious, concerted effort for a progressive slate. The Hope Slate, which we endorse in its entirety, has the potential to turn the San Francisco Democratic Party into a leading voice for progressive values.

There are other good candidates running, but since this group will have consistent support and is running as a slate, we’re going with the full crew.

13th Assembly District

Bill Barnes, David Campos, David Chiu, Chris Daly, Michael Goldstein, Robert Haaland, Joe Julian, Rafael Mandelman, Aaron Peskin, Eric Quezada, Laura Spanjian, Debra Walker

12th Assembly District

Michael Bornstein, Emily Drennen, Hene Kelly, Eric Mar, Jake McGoldrick, Trevor McNeil, Jane Morrison, Melanie Nutter, Connie O’Connor, Giselle Quezada, Arlo Hale Smith

Alameda County races

Superior Court judge, Seat 21

VICTORIA KOLAKOWSKI


There are two good candidates running for this open seat. Dennis Hayashi, a public-interest lawyer, would make a fine judge. Victoria Kolakowski would make history.

Kolakowski, who works as an administrative law judge for the California Public Utilities Commission, would be the first transgender person on the Alameda bench and, quite possibly, in the entire country. That would be a major breakthrough and important for more than just symbolic reasons: transpeople have extensive interactions with the judicial system, starting with the work to legally change their names; and, all too often, members of this marginalized community wind up in the criminal justice system. Having a sitting TG judge would go a long way toward educating the legal world about the importance of trans sensitivity.

Kolakowski is eminently qualified for the job: as a private intellectual property lawyer and later an ALJ at the CPUC, she’s handled a range of complex legal issues. She currently oversees administrative hearings that are very similar to court proceedings, and she has a calm and fair judicial temperament.

That’s not to denigrate Hayashi, who also has an impressive résumé. He’s spend much of his life in public-interest law, working for many years with the Asian Law Caucus, and he was co-counsel in the historic case that challenged Fred Korematsu’s conviction for refusing to report to a Japanese internment camp during World War II. He’s run the state’s Department of Fair Employment and Housing and was a civil rights lawyer in the Clinton administration.

We’d be happy to see either on the bench, but we’re going to endorse Kolakowski.

Board of Supervisors, District 5

KEITH CARSON


Keith Carson, the leading progressive on the board, has no real opposition this time around. He’s been a voice for protecting the fragile social safety net of the county, and we’re happy to endorse him for another term.

Oakland races

City Attorney

JOHN RUSSO


John Russo, who has made no secrets of his political ambition, failed in a bid to win the State Assembly seat for District 16 in 2006, and now he’s running unopposed for reelection. Russo has voiced some pretty ridiculous sentiments: he told a magazine for landlords in May 2006 that he opposed all forms of rent control and was against laws requiring just cause for evictions. That’s a horrible stand for a city attorney to take in a city with a huge population of renters. But Russo is smart and capable, and he’s one of the few city attorneys who consistently supports sunshine laws. We’ll endorse him for another term.

City Council, District 1

JANE BRUNNER


An attorney and former teacher, Jane Brunner spends a lot of time pushing for more cops; crime is the top issue in the North Oakland district she represents. And while we’d rather see anticrime approaches that go beyond hiring more officers, we appreciate that Brunner takes on the police department over its hiring failures. We also find her far more preferable on the issue than her opponent, Patrick McCullough, a longtime neighborhood activist who has become something of a celebrity since he shot a teenager who was hassling him in front of his house in 2005.

Brunner is one of the council’s strongest affordable housing advocates and has worked tirelessly for an inclusionary housing law. She deserves reelection.

City Council, District 3

NANCY NADEL


Nadel is hardworking, effective, a leader on progressive economic and planning issues, and one of the best members of the Oakland City Council. She asked the hard questions and demanded improvements in the giant Oak to Ninth project (although she wound up voting for it). She’s pushing for better community policing and promoting community-based anticrime efforts, including a teen center in a part of her district where there have been several homicides. She was a principal architect of the West Oakland industrial zoning plan, which she hopes will attract new jobs to the community (although she also pissed off a few artists who fear they’ll be evicted from living spaces that aren’t up to code, and she needs to address the problem). We’re happy to endorse her for another term.

City Council, District 5

MARIO JUAREZ


Somebody has to try to oust Ignacio De La Fuente, and this time around, Juarez is the best bet. A small-businessperson (he runs a real-estate operation with around 60 employees), he has some surprisingly progressive positions: he not only supports inclusionary housing but told us that he wanted to see the percentage of affordable units increased from 15 to 25 percent. He wants to see community policing integrated fully into Oakland law enforcement. He suggested that Oakland look into putting a modest fee on all airport users to fund local education. And he’s in favor of stronger eviction controls and tenant protections.

De La Fuente, the City Council president, has been the developers’ best friend, has run meetings with a harsh hand, often cutting off debate and silencing community activists, and needs to be defeated. We know Juarez isn’t perfect, but his progressive grassroots-based campaign was strong enough to get him the nod of both the Democratic Party and the Alameda County Greens. We’ll endorse him, too.

City Council, District 7

CLIFFORD GILMORE


Neither of the candidates in this race are terribly impressive, but incumbent Larry Reid has been so terrible on so many issues (supporting big-box development, inviting the Marines to do war games in Oakland, supporting condo conversions, etc.) that it’s hard to imagine how Clifford Gilmore, director of the Oakland Coalition of Congregations, could be worse.

City Council, at large

REBECCA KAPLAN


Rebecca Kaplan is exactly what the Oakland City Council needs: an energetic progressive with the practical skills to get things done. As an AC Transit Board member, she pushed for free bus passes for low income youths — and defying all odds, managed to get all-night transit service from San Francisco to the East Bay. She did it by refusing to accept the conventional wisdom that transit agencies on the two sides of the bay would never cooperate. She put the key players together in a meeting, convinced the San Francisco supervisors to allow AC Transit buses to pick up passengers in the city late at night, and put through an effective program to get people across the bay after BART shuts down.

Kaplan is running for City Council on a progressive platform calling for affordable housing, rational development, and community policing. Her latest idea: since Oakland has so much trouble attracting quality candidates for vacancies in its police department, she suggests the city recruit gay and lesbian military veterans who were kicked out under the Pentagon’s homophobic policies. Her proposed slogan: "Uncle Sam doesn’t want you, but Oakland does."

Vote for Rebecca Kaplan.

School Board, District 1

JODY LONDON


The Oakland schools are still stuck under a state administrator; the district, which was driven by mismanagement into a financial crisis several years ago, paid the price of a state bailout by giving up its independence. The school board has only limited authority of district operations, though that’s slowly changing. The state allowed the board to hire an interim superintendent, meaning issues like curricula and programs will be back under local control. So it’s a time of transition for a district that has had horrible problems, and the board needs experienced, level-headed leadership.

We’re impressed with Jody London, a parent with children in the public schools who runs a small environmental consulting firm. She has been active in the district, co-chairing the 2006 bond campaign that raised $435 million and serving on the bond oversight committee. She has a grasp of fiscal management, understands the challenges the district faces, and has the energy to take them on.

Her main opposition is Brian Rogers, a Republican who has the backing of outgoing state senator Don Perata and is a big fan of private charter schools. Tennessee Reed, a young writer and editor, is also in the race, and we’re glad to see her getting active. But on balance, London is the clear choice.

School Board, District 3

OLUBEMIGA OLUWOLE, SR.


Not a great choice here — we’re not thrilled with either of the two contenders. Jumoke Hinton Hodge, a nonprofit consultant, is too willing to support charter schools. Oluwole, who works with parolees, has limited experience with education. But on the basis of his community background (he’s on the board of the Oakland Community Organization) and our concern about Hodge and charter schools, we’ll go with Oluwole.

School Board, District 5

NOEL GALLO


Noel Gallo, the incumbent, is running unopposed. He’s been a competent member of the board, and we see no reason not to support his reelection.

School Board, District 7

ALICE SPEARMAN


Alice Spearman, the incumbent, isn’t the most inspiring member of the board — and she’s known for making some ill-considered and impolitic statements. But her main opponent, Doris Limbrick, is the principal of a Christian school and has no business running for the board of a public school district. So we’ll go with Spearman again.

Alameda County measures

Measure F

Utility users tax

YES


Measure F extends and slightly increases the utility tax on unincorporated areas of the county. It’s not the greatest tax, but it’s not terrible — and it provides essential revenue to pay for services like law enforcement, libraries, and code enforcement. The parts of Alameda County outside any city boundary have been dwindling as cities expand, but the county provides the only local government services in those areas. And, like every other county in California, Alameda is desperately short of cash. So Measure F is crucial. Vote yes.

Oakland Measure J

Telephone-user tax

YES


Measure J would update a 40-year-old tax on phone use that goes for local services. The tax law applies only to old-fashioned land lines, so cell phone users get away without paying. This isn’t the world’s most progressive tax, but Oakland needs the money and Measure J would more fairly share the burden. Vote yes.

Editor’s Notes

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› tredmond@sfbg.com

I have something to say to Mark Leno, and I hope he’s paying attention.

Listen:

Our endorsement in the state Senate race, which you can read on page 13, was painful. We made the right call, and I stand behind it — but it wasn’t easy.

I still remember the year 2000, when San Francisco politics changed forever, when district elections turned the Board of Supervisors from a collection of political hacks — wholly owned by downtown and utterly loyal to a corrupt mayor — into one of the most progressive policy-making bodies in any city in America. That was the year Aaron Peskin, Chris Daly, Matt Gonzales, Jake McGoldrick, and Gerardo Sandoval joined Tom Ammiano and, in one great political day, doomed the Willie Brown machine to political obscurity and paved the way for a living wage law, universal health care, community choice aggregation, real budget oversight, and a city where the grassroots actually mattered.

And you, Mark, were on the wrong side of history. You went along with Willie Brown. You endorsed Lawrence Wong against Peskin. You endorsed Michael Yaki against McGoldrick. You were behind not only the sleazy Brown machine but a couple of truly lame candidates; those endorsements should embarrass you until the end of time. (Be serious — looking back at all that Peskin has done for San Francisco, can you actually say Lawrence Wong, who couldn’t even handle a job overseeing the Community College District, was the better choice? Mark, you are many things, but you are not a fool.)

If you win this election — and I think you will — you have some serious work to do bringing the queer community and the left back together. A lot of people are mad at their friends, and a lot of good allies are fighting. We’re losing sight of the prize, here. And while you had every right to challenge Carole Migden, and I’m glad you did, you also created this situation and you need to help fix it.

How do you do that? For starters, don’t attack Migden. She’s done enough damage to herself. And she’s done a lot for this community. Your campaign consultants will want to send out nasty hit pieces (they’re probably already printed), but you have to stop them. And if you don’t get that, if you think winning is more important than anything, then you’re as bad as Bill and Hillary Clinton, who seem to believe it would be better to elect a Republican than concede defeat to another Democrat. Don’t go there. The collateral damage would be immense. It’s not worth it.

And show a little independence. This November don’t let yourself side with another group of worthless supervisorial candidates who are simply Gavin Newsom clones.

When you refused to criticize Mayor Newsom’s bloody budget, you blamed the governor and told us you didn’t want to see "the good guys fighting." I have news for you: When it comes to the city budget, Gavin Newsom is not one of the good guys. He is our own Arnold Schwarzenegger, refusing to raise taxes and instead cutting programs.

And his allies, the downtown forces furious about the progressive board, will want to put another group of regressive sycophants in office this fall. You have no business being a part of that.

Mark, I like you, but this endorsement was a great leap of faith for me. Show me I wasn’t wrong.

Governor delays moth spraying

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Photo by Peter Grigsby, Office of Governor Schwarzenegger.
After meeting with Sen. Carole Migden and other elected officials and activists concerned about the health implications of plans for aerial spraying designed to eradicate the crop-threatening light brown apple moth, Gov. Arnold Schwarzenegger today delayed the spraying pending additional testing.
“I am very gratified that the Governor listened to my concerns about the safety and efficacy of aerial spraying and agreed to postpone the spray until additional tests are completed,” Migden said in a prepared statement.
After a series of toxicology tests on the spray, which includes a moth pheromone designed to disrupt mating patterns, the spraying has been delayed until at least Aug. 17. Despite the delay, the governor still seems to indicate that the spraying is inevitable, saying in a prepared statement, “I am confident that the additional tests will reassure Californians that we are taking the safest, most progressive approach to ridding our state of this very real threat to our agriculture, environment and economy.”
Others in the Migden delegate included Sen. Darrell Steinberg (D-Sacramento — and the likely next Senate president), Marin County Supervisor Judy Arnold, the Sierra Club’s Bill Magavern and Paul Schramski, State Director of Pesticide Watch.
But it is Migden that could enjoy the biggest political bump from the delay of the controversial spraying until after her June primary challenge from Mark Leno, hoping that her campaign finance and other problems might be overshadowed by the reminder that she still has the juice to get into the Governor’s Office and deliver the goods.

I’m back

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After an epic five-week trip to Bolivia and Peru, I’m back manning the news desk here at the Guardian and trying to catch up on what’s happening. And it seems the biggest things that have changed in my absence are my perspective and energy levels.
The Republicans in Sacramento and Mayor Gavin Newsom here in San Francisco are continuing to push draconian cuts to government services rather than having the courage to challenge the mindless “no new taxes” mantra and have the wealthy pay their fair share. And neither the Democrats in Sacramento or Washington D.C., nor the Board of Supervisors here, seem to be doing much to challenge this race to the bottom. It’s not that they don’t understand. In the last two days, we’ve had Supervisor Ross Mirkarimi and Assembly member Loni Hancock in for endorsement interviews, and they powerfully sound the message that something needs to change and they’re willing to work for it. But with the labor unions distracted by infighting, Democratic politicians battling one another (such as Carole Migden and Mark Leno, who we have the unfortunate task of deciding between for our endorsements that come out April 30), the mainstream media both smaller and more trivial, and many other factors stacked against our species finally getting wise to the problems we face, it looks like an uphill battle.
Does all this make me want to flee back to South America? No, it makes me want to renew the fight for truth and justice. How about you?

Leno on Newsom’s budget cuts

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Assemblymember Mark Leno, who is challenging state Sen. Carole Migden in the June primary, responded this afternoon to our editorial on Newsom’s budget cuts.

Migden responded earlier today.

Here’s Leno’s statement:

Dear Bay Guardian Editors,

You are absolutely right to assert that the Federal Government has turned its back on urban America and the Governor’s repeal of the Vehicle License Fee (VLF) has left our City in extremely challenged fiscal health. I agree with you, Tim, that new revenue is needed for the City. Current state law gives local government few options.

For that reason I have and am presently authoring legislation to bring more local control to our revenue streams, so that we can guarantee that San Francisco’s budget is not balanced on the backs of those who can least afford it.

In 2005, I authored AB 799, co-sponsored by the San Francisco Chamber of Commerce, SF Labor Council, Board of Supervisors and the Mayor, which would have allowed San Francisco voters to restore their own VLF which would have brought approximately 70 million new dollars to San Francisco. Unfortunately the Governor vetoed the bill.

I brought the bill back in 2007 as AB 1590. Unfortunately, it got held up in the Senate. I am working with all four co-sponsors to shake it loose this year.

Back in 2003, when cities and counties were faced with huge cuts, I authored AB 1690 to bring more revenue to the local level. The measure would have allowed voters to decide to levy a local income tax, which could have eased our way and pre-empted painful cuts to our local budget. That measure, though passed through the Assembly, was also held up in the Senate.

The Mayor and Board of Supervisors have a great challenge on their hands. The fiscal crisis we face is nothing short of tragic. I will continue to use my voice to argue that the cuts considered must be equitable, and those with the least should suffer the least.

I continue to argue that we have a revenue problem, not a spending problem. To forestall mean spirited cuts, we need to be as creative as possible to create new revenue streams. Otherwise, we will be continually faced with Sophie’s Choices.

Sincerely,
Mark Leno

And thanks to Mark for sending that, and for pushing for state legislation that would give cities more ways to raise revenue. I have always been impressed by his willingness to do that and his creative approaches.

I will note, for the record, that Leno declined to say anything critical of Gavin Newsom and his budget decisions.

Migden on Newsom’s cuts

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Our editorial this week calls on the two candidates for state Senate, Carole Migden and Mark Leno, to speak out against the Newsom budget cuts. I haven’t heard from Leno, but I got the following message from Migden this morning:

“I completely agree with your take that Mayor Newsom’s budget cuts are cruel and will take from those who have little or nothing to give. I have stood and spoken out with SEIU 1021 at two protests this year against these cuts to vital social services. Moreover I have stood with the California Nurses Association as we try to save St. Lukes and enforce staff to patient ratios. What is most vexing about the Mayor’s move to cut $18 million in healthcare for the City’s poorest residents, is that there seems to be no willingness to reach out and ask more from those who live in this CIty and can afford to pitch in extra. There is no question that the City and the State is in dire economic straits. Yet San Francisco also has a population of incredibly wealthy individuals (including our Mayor) and we must explore all options and pull in extra resources to make the City whole. Cutting is the quick and frankly the easier option; hard work and leadership is what is required to save vital services.

-State Senator Carole Migden”

So, go Carole. Mark?

Leno, Migden, and the Newsom cuts

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EDITORIAL The closure this week of the venerable Haight Ashbury Food Program, which for more than a quarter century has served hot meals to hundreds of people a day, is another bitter reminder of what a rotten time it is to be poor in San Francisco.

Mayor Gavin Newsom’s approach to the city’s budget problems is to cut programs that serve the needy: Buster’s Place, the city’s only 24-hour drop-in center for homeless people, is closed. The public health nursing program is shutting down. Frontline city workers are getting laid off, and jobs will go unfilled. And there is no talk in the mayor’s office of any sort of comprehensive plan to raise new revenue to close what has become a structural budget gap of more than $300 million.

Yes, a big part of the fault lies in Washington DC and Sacramento. The federal government has abandoned American cities. The state is wracked with its own paralyzing budget problems (caused in large part by Gov. Arnold Schwarzenegger’s decision to eliminate the vehicle license fee). So money that San Francisco used to get without any direct effort — that is, without asking local residents and businesses to pay for it — is gone. And while San Francisco’s representatives in Sacramento have worked hard to win back money for cities and force the governor to moderate his cuts, the fact is that it’s unlikely San Francisco can count on any outside help during the next few years. The ugly budget choices have to be made at home.

That’s why it’s critical that every progressive leader in town be willing to take on the mayor’s brutal budget cuts and push for humane alternatives. That includes the two people running in a highly contested race for state Senate.

Carole Migden and Mark Leno are both seeking progressive support in the June primary. Both have good cases to make based on their records. But we need to see more than just good votes (and good legislation) in the state capital; like a lot of voters, we’re also looking to see which candidate will use the powerful seat and its bully pulpit to promote progressive values in the city.

Both candidates have long connections to the powerful forces that seek to balance the budget on the backs of the poor. Migden is close to Don Fisher, the Republican who pours huge gobs of money into regressive local measures and candidates. Leno has been endorsed by Newsom.

But with the election less than two months away, we’d like to hear both of them say, loudly and publicly, that the Newsom cuts are wrong and unacceptable, that the budget pain should be shared by the wealthy, and that the city needs to look at new taxes before it eliminates any more programs for the needy.

Editor’s Notes

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› tredmond@sfbg.com

I was away with the kids and missed the state Democratic convention in San Jose, but from what I hear, it was quite the show. The big local news, of course, was that Assemblymember Mark Leno blocked State Senator Carole Migden from winning the party’s endorsement for her reelection bid. That’s a big victory for Leno, who is trying to unseat her.

And the way a lot of my favorite blogs told the story, it was also a victory for the grassroots activists in the party: the Sacramento establishment, they say, was working for Migden.

I don’t think that’s entirely true; both sides had their heavy hitters. And I’m going to sound a note of caution here: Leno and his team papered the hall with some nasty negative fliers attacking Migden, not just for her travails with the Fair Political Practices Commission but for her driving record.

Leno told me he had to educate the delegates in a short period of time and that the fliers contained "nothing but facts." Which is true. But I don’t think he needs to go negative on Migden; she’s doing a fine job of that herself. And the attacks open ugly wounds in the community and could help the third candidate, Marin’s Joe Nation.

Leno needs to keep a tight leash on his campaign team as this heads for the finish.

And now we pause for a brief reflection on the First Amendment.

Matt Smith over at the SF Weekly took a shot at us last week, arguing that our lawsuit would somehow damage his paper’s ability to produce good journalism. Migden was in court this week to argue that the state shouldn’t prevent her from spending campaign money in violation of campaign-finance rules. Both claims rely on a dangerous interpretation of one of the most important pieces of law in the history of the world.

Smith’s theory: since we nailed the Weekly and its corporate parent for predatory pricing violations, we are somehow guilty of seeking to force the chain to cut back its editorial staff.

We heard the same sort of argument in court, and I suspect the Weekly‘s lawyers will trot out the First Amendment on appeal. Gee, they will say, the government can’t tell a newspaper how much to charge for its ads. That’s unconstitutional.

In fact, I think it’s pretty clear that the Weekly, not the Guardian, has been the paper attacking the First Amendment. The whole notion that James Madison had in mind when he introduced the Bill of Rights was that a free marketplace of ideas made for a more free and democratic society. Big chains that swallow independent papers limit that marketplace, particularly if, like the SF Weekly‘s owners, they enforce ideological consistency. Chains that try to kill other papers are even worse. That’s what our lawsuit was about.

Then there’s Senator Migden, whose legal papers cite one of the worst Supreme Court decisions of my lifetime, Buckley v. Valeo, which says that money is speech and that the rich can spend whatever they want on political campaigns. Again, the problem is the marketplace of ideas: if one side can corner the market with cash, there’s no free exchange. Campaign finance laws, properly written, don’t diminish the First Amendment; they enhance it. So do fair-competition laws in the media. Because both promote what Madison had in mind — a level (or at least relatively fair) playing field of ideas.

Editor’s Notes

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› tredmond@sfbg.com

A couple of decades ago, the American Civil Liberties Union sued San Francisco over the cross on Mount Davidson. The issue was pretty simple — a religious symbol on public land — but the furor was insane: critics attacked the ACLU up, down, and sideways and acted as if the separation of church and state was some form of blasphemy.

Yes: even in this tolerant, secular city, people get amazingly bent out of shape over this stuff. In fact, when I called Mission Police Station this week and asked why churches are allowed to use the middle of Guerrero Street for free parking on Sundays, Sgt. Larry Gray tried to talk me down.

"Tim, Tim, you don’t want to go up this tree," Gray, who is a charming and funny man, told me.

Sorry, Sarge, but I’m going there.

See, if you live in the Mission, it’s pretty hard to ignore. Double parking and parking in the medians is strictly illegal, and people get stiff tickets for it — except on Sunday morning, when churchgoers get a complete pass.

The churches don’t have to get permits or pay the city a fee or anything. According to Gray, there really aren’t any rules. The cops just look the other way.

"It’s a San Francisco tradition that goes back a hundred years," Gray told me. "They used to do the same thing with horses and buggies."

I know, I know, tradition and all. Last Sunday was Easter, for Christ’s sake, and I ought to give the believers a break. And on one level, it’s not that big a deal at all. The streets are still passable, mostly, although it’s a little more dicey for bikes and cars to coexist on a narrower strip of pavement. Traffic isn’t a big deal on Sundays (mostly), and if it is, people shouldn’t be driving so much anyway.

But nobody else gets to do this.

If you go to see the (secular) Mime Troupe in Dolores Park and you stick your car in the middle of the street, you get a ticket. If you drink at a (secular) bar or eat at a (secular) restaurant and you leave your car in the Valencia Street median, you get cited. You can’t double park while you run in for a (secular) cup of coffee at Muddy Waters.

So, with all due apologies to Sgt. Gray and the good people of faith, I have to ask again: Why do the churches get something nobody that else does? Am I the only one who thinks this is a bit sketchy?

I continue to get calls from people who are furious about the state’s plan to spray chemical pheromones from helicopters over San Francisco in August as a way to wipe out the Light Brown Apple Moth. Assemblymember Mark Leno and state Senator Carole Migden both are fighting it. Mayor Gavin Newsom wrote the governor this week to urge a health study before the spraying starts.

An environmental impact report is underway, but the state and the feds are calling this an emergency (the LBAM damages crops) and they’re planning to go forward no matter what.

I fear the only way to stop this is in court, with a challenge to the EIR — its timing, validity, the emergency declaration, etc. City Attorney Dennis Herrera ought to take this on. Thousands of people with young kids in the path of the spray would be immensely grateful.

Or maybe just, No Joe Nation

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Well, my blog item on some supporters of Ross Mirkarimi suggesting he run as a green for state Senate attracted calls almost the moment I posted it. And the callers have a point:

This isn’t just a San Francisco seat. Right now it’s a queer seat. And it’s possible that even the talk of Mirkarimi running could siphon away some of the energy that progressives say is needed to defeat Joe Nation.

For the record, I don’t think it’s a particularly good idea for Mirkarimi to run for state Senate; as I wrote, I think he would do better to stay in San Francisco. But I think the fact that this is even being talked about (and not by Ross, who I’m sure is flattered by it but who really isn’t pushing the issue) is evidence that there’s a concern out there about what would happen if neither Carole Migden nor Mark Leno wins the June primary.

Here’s the other option: Progressive supporters of both Leno and Migden could do something entirely radical, and come together to campaign to keep this a queer SF seat — which means running a campaign that says hey: Vote Leno. Or vote Migden. But don’t vote for Nation.

That might mean Migden and Leno deciding not to attack each other as Election Day approaches, and to save their negative campaigning for the candidate from Up North.

Gee, could they actually do that?

Mirkarimi for state Senate?

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I just heard a fascinating little rumor that says something about the state Senate race between Carole Migden, Mark Leno and Joe Nation.

Nation’s from Marin and is the more moderate candidate, and some San Franciscans fear that the two more progressive queer legislators could split the SF vote and leave the door open for Nation to win – and for San Francisco to lose a state Senate seat. So a few supporters of Sup. Ross Mirkarimi are saying that he ought to enter the race, as a write-in for the June Green Party primary.

Under the theory here, Mirkarimi would get the Green nomination. If Migden or Leno is the Democrat in the race, he’d drop out. If it’s Nation, he might want to decide to stay in.

Of course, that could mean giving up his board seat, since he’s up for re-election in November, and I’m not sure that’s a good idea. Perhaps better to have Mirkarimi in San Francisco than Sacramento.

But it shows how concerned people are about the prospect of SF losing this seat.

Mirkarimi was a little startled when he first heard of the plan, which was hatched by supporters who never actually talked to him about it. “I was taken by surprise at how well thought out this became, completely independent of me,” he said. He said he’s running for re-election to the Board of Supervisors, and that’s his priority. But he’s not against the concept of joining the Green Party primary, and if the Democrat were Joe Nation “then I would have to make a decision.”

Migden sues the FPPC

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› jesse@sfbg.com

Barack Obama and Hillary Clinton aren’t the only Democrats beating each other up this campaign season. The race for California’s third senate district has turned into a nasty three-way donnybrook, with incumbent Carole Migden fighting for her political life against San Francisco Assemblymember Mark Leno and former North Bay Assemblymember Joe Nation.

Now, to save her campaign from possible financial ruin, Migden has taken on yet another adversary: state campaign finance regulators.

On March 3, in a stunning move, Migden filed a lawsuit in federal court against the Fair Political Practices Commission, challenging its decision to strip her of nearly $1 million in campaign funds. A hearing is scheduled for April 1.

If Migden loses, it could leave her with very little money to spend in the heat of an expensive primary battle — a situation that might seriously hurt her chances for reelection.

"This lawsuit is very unusual," government scholar and former FPPC general counsel Bob Stern told the Guardian. "I can’t remember the last time a legislator sued the FPPC. Usually it’s the other way around."

Last October, after several months of investigation, the FPPC barred Migden from accessing $997,340.28 in her reelection accounts. She had transferred the cash to her current campaign from an account dating back to her days in the State Assembly. California’s "surplus funds" law, which Migden’s suit seeks to overturn, says public officials running for a new office must move old campaign funds into new accounts before they leave their original office. Migden did not move the money until October 2006, four years after she left the assembly.

After it was filed in the federal court for the Eastern District of California, the senator’s lawsuit provoked an angry response from the commission’s chair, Ross Johnson. In a statement, he said Migden was attempting to "bully" and "distract" the FPPC. Johnson, who pledged to "enforce the law," also asserted that Migden had already spent "nearly $400,000" from her assembly campaign. That could mean big trouble for the senator: by law, she might be liable for up to three times that amount in penalties, as well as additional fines. In recent weeks, FPPC commissioners have met several times in closed session to discuss an unnamed matter that many observers guessed was her case.

Last week, the commissioners met in secret again — and after they adjourned, they disclosed that they were in fact consulting with their attorneys about Migden. Given their actions both before and after the senator filed her suit, the buzz around Sacramento was that it was only a matter of time before the regulators started formal proceedings against her.

By beating them to the punch and challenging the law in the federal system, Migden may be trying to head off disaster. Polls show her currently running third behind Nation and Leno. In such a tight race, a large fine would cripple her campaign. And even if the FPPC didn’t choose to fine her, she still desperately needs the cash that they forbade her from spending — not just for the election, but also for a slough of legal expenses she’s racked up defending herself against regulators. As the text of her lawsuit states, her lost assembly funds, "could well make the difference in the June primary election."

Migden’s lawyer, James Harrison, called her campaign’s failure to properly transfer the money from her assembly accounts "a technical glitch" caused by a volunteer staffer. Why the senator would trust a volunteer to make sure such a huge sum of money was moved legally from one account to another has people in and around the capital scratching their heads.

"It’s mind-boggling to me," Stern said. "This is an awful lot of money to entrust to a volunteer. How long has she been in the Legislature?"

Migden told us by phone that at the end of 2006, after she was fined nearly $100,000 for other violations by the FPPC, she initiated a "top-to-bottom audit" of her finances. During the audit, she said, "We discovered that we had problems that exceeded the [abilities] of volunteer staff, so we brought in experts." Migden herself is now listed as the treasurer of her reelection campaign committee as well as her legal defense fund. But these staffing changes, she said, came after the assembly money had been transferred.

Whether or not the faulty funds transfer was caused by an innocent mistake, Migden is taking huge political as well as legal risks by challenging state law in federal court. Her lawsuit cites a controversial 1976 Supreme Court case, Buckley v. Valeo, which holds that the First Amendment’s right to free speech protects political campaign expenditures. That decision has been used by many — mostly conservative — opponents of campaign finance reform. In other words, Migden, a liberal lawmaker in one of the most liberal districts in the state, finds herself arguing from a conservative viewpoint against a key campaign finance law. Moreover, Migden publicly supported a 2000 ballot initiative, Proposition 34, which reaffirmed the surplus funds statute — the very law she now says is unconstitutional.

Reached by phone, her opponent Leno pounced on Migden’s apparent flip-flop on the law she is now challenging. "She never suggested that the [surplus funds] law was unconstitutional prior to breaking it. I wasn’t aware that as citizens or lawmakers, we got to pick and choose which laws we follow."

Migden would not address the matter of Proposition 34 with us. "The funds ought to be available to communicate with voters," she argued. "It’s a constitutional protection … whatever we did was lawful, we believe, and therefore we’re asking for a court decision."

For Stern, Migden’s gambit shows that she has nothing left to lose anymore. "It’s obvious that she needs this money desperately because [the lawsuit is] not good press…. She’s probably not going to win [in court], but there’s so much at stake, I can understand why she’s doing it."