Media

Disco of the Gods

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I use my favorite pair of scissors to cut out photos of dancers and models from the late ’70s and early ’80s. Sometimes the designs and imagery on the other side of the magazine paper are more compelling and attractive than the literal combos of flesh and clothing that produce the silhouette.

The past is the present is what you make it. So Walter Benjamin and Fredric Jameson said, in torturously profound terms. For a sonic illustration, look and listen no further than Hercules and Love Affair’s self-titled debut (Mute), a contender if not outright champion in the 100-point rating realms of metacritic.com and Pitchfork Media.

When critics aren’t running from the phobic fantasies of joining soulless fuck zombies at the Continental Baths that Hercules and Love Affair apparently provokes in fevered, perhaps repressed, imaginations, they’re keyword-searching variants of "gay," "AIDS," and "disco" to provide shorthand blog-banal references for the album’s sound. Thus the usually vaguely defined spirit of Arthur Russell is invoked more often than the influence of living, breathing Kevin Saunderson, even though Hercules and Love Affair‘s "You Belong" is like a whiteface Goth niece-nephew of Inner City’s "Good Life." Thus no one compares Antony Hegarty’s countertenor to Boy George’s and wonders if Hegarty is given more respect and awards simply because he honors pretense over humor. Hercules and Love Affair sports two, maybe three of 2008’s most glorious songs. On "Hercules’ Theme," "Athene," and "Blind," core member and songwriter Andrew Butler crafts superb horn and string arrangements and layers them over a live rhythm section to produce swank, strutting syncopation. The sound is lush and swoony — as unique as the fluorescent pastels of the disc’s cover art — and unlike anything else floating out of speakers and headphones at the moment. I can’t resist comparing the time-lapse vaudevillian blooms at the close of "Hercules’ Theme" to "Doin’ the Do" by Betty Boo — where are you? — if only to add some irreverence to the poker-faced hosannas for the group. But Butler is a rare talent — one who’ll flourish the further he gets from art school.

In theory, Butler’s communal approach to assigning vocalists — which tweaks an earlier landmark club crossover, Massive Attack’s 1991 Virgin effort, Blue Lines — should yield a singing bouquet to match his arrangements. Hegarty is Hercules and Love Affair‘s most florid singer. His strained emoting suits his tunes on the disc better than any Antony and the Johnsons track, yet not once does his falsetto match the sensuality and soul that his antecedent Sylvester brings to a song like "I Need Somebody to Love Tonight." Kim Ann Foxman inhabits Athene in a song of the same name, but stumbles off-key through the plodding "Iris." Butler does a good Russell in "This Is My Love," but no vocalist can rescue the obvious lyric of "True False/Fake Real."

Hercules and Love Affair revive the silhouettes if not always the spirits of disco’s and house’s native New Yorkers. At best, they create their own haunted wonderland. At worst, they host a pose party that’s the musical equivalent of the narcissism that motored Shortbus (2006). Once upon a time, Manhattan was wilder and hungrier.

HERCULES AND LOVE AFFAIR

Sat/26, 9 p.m., $16–$20

Mezzanine

444 Jessie, SF

www.mezzaninesf.com

Testimonies

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› a&eletters@sfbg.com

Italy seldom figures much in Holocaust studies, as its Jewish population was relatively small (just under 50,000) and only about one-fifth failed to survive the war — even after far more anti-Semitic German occupiers and policies wrested power from Benito Mussolini in 1943.

But statistically limited evil is still evil. Italian (even papal) complicity in crimes against Jewry has weighed more heavily on the national conscience lately, if a recent spate of meditations on the subject in various media is any indication. This year’s San Francisco Jewish Film Festival, the 28th, includes a program of films devoted to the subject. Titled "Italian Jews During Fascism," it presents a mix of documentary, historical drama, and contemporary fiction.

As elsewhere, the history of Jews in Italy has run a gamut from bad to worse to tolerable and back again. Propelled by basic racism as well as that "Christ-killer" concept favored by early Biblical-text revisionists and Mel Gibson, sacred and secular powers-that-were targeted Italian Jews (among others) during the Crusades and the Inquisition, then literally walled up their Roman populace in a ghetto for 300 years. By the time the extreme ghettoization was abolished, in the mid-19th century, Italian Jews (at least outside Rome) were fairly well integrated into society. They certainly were by 1938, when Mussolini announced a slew of anti-Semitic laws after years of appearing indifferent to Hitler’s particular racial obsession. ("Il Duce" hadn’t been impressed with the Nazis until his own empire-building ambitions required an alliance.)

Italian Jews were abruptly barred from serving in the military, and from attending or working at schools and universities. Thousands lost their jobs due to knee-jerk reactions from employers anxious to toe the repressive party line. These hard times got much worse when the weakened nation ceded primary control to the Nazis, and "Il Duce" became a mere figurehead for the "Republic of Salo." Mussolini rubber-stamped the mass arrest of Jews, mostly in the occupied north. Nearly 7,000 were shipped off to concentration camps. The question of what ordinary Italians — let alone the Vatican — did to oppose this murderous sweep remains a blot on the country’s 20th-century history.

The Jewish Film Festival’s quartet of related features offer various perspectives on these events. Most direct is Mimmo Calopresti’s 2006 documentary Volevo Solo Vivere (I only wanted to live), a compilation of latter-day testimonies assembled from interviews recorded for Steven Spielberg’s Shoah Foundation. Focusing on survivors (mostly female) of Auschwitz who were between the ages of four and 30 at the time, it provides first-person stories that range from poignant to hair-raising. Meeting a life love on the train en route to the camp, enduring Mengele’s "medical experiments," being forced to walk one’s father to the gas chamber. These precise recollections are illustrated not just by brutally familiar footage of starved prisoners and piled corpses, but also by earlier photo-album glimpses of family life.

Dubbed "the Italian Schindler" when his deeds first won recognition, Giorgio Perlasca was a Paduan former soldier and disillusioned ex-Fascist working abroad to procure supplies for the Hungarian army in Axis-occupied 1944 Hungary. Posing as a Spanish diplomat, he bullied and bluffed his way into rescuing and hiding thousands of Budapest Jews despite a Nazi policy of deportation and extermination. This extraordinary tale is dramatized in Perlasca: An Italian Hero. With an Ennio Morricone score and Luca Zingaretti in the title role, Alberto Negrin’s 2001 made-for-TV film is compelling. Yet it’s also overworked, painting Perlasca as a one-dimensional superhero — albeit a balding and pudgy one. The result lands somewhere between the harshness of Schindler’s List (1993), the hysterical melodrama of Black Book (2006), and the maudlin treacle of Life Is Beautiful (1997).

A fascinating footnote, the 2007 hour-long documentary Tulip Time: The Rise and Fall of the Trio Lescano tells the story of three Dutch sisters who became enormously popular in Italy as harmonizing swing vocalists. Mussolini was a fan, though even that couldn’t save them from abrupt career termination and poverty once their Jewish background was discovered. The 2003 novelistic drama Facing Windows, which had a theatrical release, finds Turkish Italian director Ferzan Ozpetek departing somewhat from his usual gay themes. Giovanna Mezzogiorno stars as an unhappy working-class Roman woman whose husband brings home a disoriented older man (the late Massimo Girotti, a screen veteran since 1940) who turns out to have concentration camp numbers on his arm. *

SAN FRANCISCO JEWISH FILM FESTIVAL

The 28th San Francisco Jewish Film Festival runs July 24–Aug. 11 at the Castro Theatre, 429 Castro, SF; Roda Theatre, 2025 Addison, Berk.; CineArts @ Palo Alto Square, 3000 El Camino Real, bldg 6, Palo Alto; and the Smith Rafael Film Center, 1118 Fourth St., San Rafael. Tickets (most shows $12) and additional information are available at www.sfjff.org

Repulsion!

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"I like young women, as do most men, I think," Roman Polanski confesses in the opening sequence of Marina Zenovich’s fascinating new documentary, Roman Polanski: Wanted and Desired. Few artists could recite such a controversial preamble as convincingly as this infamous auteur, loved and reviled with equal fervor after a 45-year career. While it focuses on the Hollywood rape scandal that enveloped Polanski in the spring of 1977, and his subsequent flight from the law, Wanted and Desired doesn’t portray the oft-demonized director as a villain or a victim. Instead, it renders him as an inscrutable outsider and poète maudit.

Through an excellent assortment of press footage and interviews, including talks with alleged rape victim Samantha Geimer, Zenovich reviews if not reopens California vs. Roman Raymond Polanski. She does so with a meticulous eye toward correcting inconsistencies and misconceptions. Polanski was no stranger to tragedy and controversy. As a young boy, he survived the Holocaust on the streets of Krakow after most of his family was shipped to Auschwitz. After a successful career in London and Hollywood in the 1960s, he was again devastated when his pregnant wife, Sharon Tate, was murdered by Charles Manson’s "family." By the ’70s, Polanski had a licentious reputation, abetted by his dark, often Faustian films.

Enter 13-year-old Geimer, a California innocent pushed by her ambitious mother into a nude photography shoot with Polanski. The events of the night that followed would haunt the director and his young victim for decades.

Some critics will probably deride Wanted and Desired as pure hagiography, or worse yet, a legitimization of Polanski’s crimes and subsequent fugitive status. But Zenovich’s intentions circumnavigate any idol worship, as her refusal to err toward his guilt or exoneration makes clear. Rather, Wanted and Desired‘s stinging invective of Hollywood justice places much of the blame on a starstruck media and judiciary. As if fulfilling Polanski’s dystopic vision, the film leaves us repeating some prophetic words from Chinatown (1974): "I see you like publicity … well, you’re going to get it." Polanski, ever the outsider, remains at large.

ROMAN POLANSKI: WANTED AND DESIRED

Opens Fri/25

Roxie Film Center

Letters

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PARTY PROMOTERS


The following two comments appeared with a July 21 posting to SFBG’s Politics blog, "DCCC vote: Does Peskin have it?"

We need a strong leader in our local Democratic Party that will call out our elected leaders on their BS. For example, [Nancy] Pelosi and her continued "do nothing but throw more monies at the war" approach. I have sat by and watched the DCCC leaders do nothing but carry the party line toward the right. It’s time for a change and to bring our party back to the left. Chris Daly would be the best one to make that happen, but unfortunately he is backing Peskin for that. I trust Chris, so I will have to go along with it for now. In 2010 you will have a chance to put your name on the next DCCC race if you don’t like how things are going.

Jerry Jarvis

Sup. Daly, never a fan of your brand of politics. I believe that San Franciscans will for years be harmed if your friend and colleague Sup. Peskin is elected chair of DCCC.

You will see my letter in this week’s Bay Area Reporter quoting both you and Mr. Peskin on your intent to change the way things are done on the DCCC and how you’re being termed off the Board of Supervisors seems to have energized you to find new ways to continue legisutf8g from beyond City Hall.

I fear for everyday San Franciscans, I fear for your children, I fear for businesses (who will pay taxes to support all that you and Sup. Peskin want to do?), and I fear for the survival of a united San Francisco.

Similar to the recent Leno vs. Migden race, I am deeply dismayed at the vitriol and partisan nature this race has taken.

Mark Murphy

WHAT IS JEWISH MUSIC?


The following comment appeared with a July 15 posting to SFBG’s Noise blog, "Shining a light on Diamond Days ’08 music fest."

Heeb magazine repeatedly demonstrates that it is pretty clueless when it comes to Jewish culture outside of a narrow set of tired shticks. When [publisher Josh] Neuman comments that "Jewish music" is "a murky moniker that generally signifies some sort of backwards gaze at a mythical, ‘authentic’ past," he’s demonstrating that he has no idea what’s going on in the Jewish music scene. Jewish music has never been so forward-looking as it is now. There are artists all over the country (and world) exploring what Jewish music can become. They are, with no more lofty goal than making great music, creating a new American Jewish culture that is as vibrant as anything that has come before. But Heeb hasn’t noticed and isn’t interested. In Heeb‘s world, being Jewish is nothing more than wearing a hip "tribe" T-shirt while laughing at your grandparents. Who’s looking backward?

Jack Zaint

The Guardian welcomes letters commenting on our coverage or other topics of local interest. Letters should be brief (we reserve the right to edit them for length) and signed. Please include a daytime telephone number for verification.

Corrections and clarifications: The Guardian tries to report news fairly and accurately. You are invited to complain to us when you think we have fallen short of that objective. Complaints should be directed to Paula Connelly, the assistant to the publisher. We’d prefer them in writing, but Connelly can also be reached by phone at (415) 255-3100. If we have published a misstatement, we will endeavor to correct it quickly and in an appropriate place in the newspaper. If you remain dissatisfied, we invite you to contact the Minnesota News Council, an impartial organization that hears and considers complaints against news media. It can be reached at 12 South Sixth St., Suite 1122, Minneapolis MN 55402; (612) 341-9357; fax (612) 341-9358.

The verdict stands

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› tredmond@sfbg.com

Judge Marla Miller on July 18 rejected attempts by the SF Weekly and its chain owner to overturn the Guardian‘s victory and $16 million jury award in a predatory pricing case.

The ruling marked the end of the first full round of this legal fight and sets the stage for a shift to the California Court of Appeal.

SF Weekly and Village Voice Media had asked Miller to overturn the jury verdict or order a new trial, and the company lawyers spent hours July 8 arguing that the evidence presented in a five-week trial didn’t justify the jury’s decision. They also claimed that Miller had issued improper jury instructions.

Attorneys James Wagstaffe and H. Sinclair Kerr also tried to get the judge to sever the 16-paper chain from the damages part of the case. That would have left the Weekly as the only guilty party. And VVM had admitted that the Weekly has no assets and would be unable to pay the Guardian anywhere near $16 million.

Miller, with little comment, denied both requests.

The defendants have consistently said they plan to appeal.

The case centered around the Guardian‘s charge that the Weekly had for years sold ads below the cost of producing the newspaper for the purpose of injuring the locally owned, independent competitor.

Evidence presented at trial showed that the Weekly had consistently lost money, as much as $2 million a year, since New Times — now known as VVM — bought the paper in 1995.

The evidence also showed that VVM’s executive editor, Michael Lacey, had vowed to put the Guardian out of business, and that Weekly advertising and business staff were instructed to try to take business away from the Guardian, whatever the cost.

And while the VVM lawyers mounted a convoluted legal argument to claim that the parent company wasn’t legally liable for any damages, the trial showed that the senior executives at the Phoenix-based chain were not only aware of the predatory strategy but were active participants in it.

In fact, two senior officers, CFO Jed Brunst and group publisher Scott Tobias, admitted that the SF Weekly would have gone out of business years ago if the chain hadn’t subsidized its operations.

For more details and key documents, go to sfbg.com/lawsuit

Judge denies SF Weekly motion for new trial

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Judge Marla Miller July 18th rejected attempts by the SF Weekly and its chain owner to overturn the Bay Guardian’s victory and $16 million jury award in a predatory pricing case.

The ruling on the defendants’ post-trial motions marked the end of the first full round of this legal fight and sets the stage for a shift to the California Court of Appeal. All that remains to be decided by Judge Miller is the Guardian’s upcoming motion for attorneys’ fees, which are expressly allowed to a prevailing party under the California Unfair Practices Act.

SF Weekly and Village Voice Media had asked Miller to overturn the jury verdict or order a new trial, and the company lawyers spent hours July 8th arguing that the evidence presented in a five-week trial didn’t justify the jury’s decision. And they claimed, in a laundry list of challenges, that Miller had issued improper jury instructions and erred in admitting evidence at trial.

Defense attorneys James Wagstaffe and H. Sinclair Kerr also tried to get the judge to overturn the 16-paper chain’s liabilty for any damages awarded by the jury. That would have left the Weekly as the only guilty party. VVM had admitted in earlier post-trial proceedings that the Weekly has a negative net worth and alone would be unable to pay the Guardian anywhere near $16 million.

Miller, with little comment, denied those requests.

In her “order denying defendants’ motion for new trial” Miller stated:

“To the extent that the motion for New Trial is based upon the grounds of insufficiency of the evidence to justify the verdict (Civil Procedure Code #657(6) and excessive damages (Civil Procedure Code #657(5) the court has weighed the evidence and is not convinced from the entire record, including reasonable inferences therefrom, that the jury clearly should have reached a different verdict. To the extent that the motion for New Trial is based upon errors at law which Defendants contend occurred at the trial and were excepted to by them (Civil Procedure #657(7), the Court finds these contentions lack merit.”

The defendants have said they plan to appeal.

The case centered around the Guardian’s charge that the Weekly had for years violated California’s Unfair practices Act by selling advertising space below the cost of producing it for the purpose of injuring the locally owned, independent competitor.

Evidence presented at trial showed that the Weekly had consistently lost money, as much as $2 million a year, since New Times, now known as VVM, bought the paper in 1995.

The chain later bought the East Bay Express, and transformed it from a profitable paper to one that consistently lost money. Between the Weekly and the Express, VVM has lost some $25 million in San Francisco.

The evidence also showed that VVM’s executive editor, Michael Lacey, had vowed to put the Guardian out of business, and that Weekly advertising and business staff were instructed to try to take business away from the Guardian by below cost pricing, whatever the sacrifice in revenue and profits.

And while the VVM lawyers mounted a convoluted legal argument to claim that the parent company wasn’t legally liable for any damages, the trial showed that the senior executives at the Phoenix-based chain were not only aware of the predatory strategy but were active participants in enabling the Weekly to carry out its pervasive program of below-cost sales..

In fact, two senior officers, CFO Jed Brunst and Controller Jeff Mars, testified on the stand or in pretrial depositions that the SF Weekly would have gone out of business years ago if the chain hadn’t made a policy of shipping large sums of money from headquarters into the San Francisco operation to subsidize below-cost sales.

After the trial, jurors said they were convinced that VVM sought to destroy local competition. Juror Kerstin Sjoquist, a local business owner and graduate student, said in an interview that “it felt overly predatory on the part of the Weekly” and that “the predatory intent trickled down from the top.”

Although the VVM lawyers have 60 days to file their notice of appeal, there’s already some indication of what the chain will try to argue to the higher court. Even before the trial started, Andy Van De Voorde, VVM executive associate editor, who flew in from Denver to cover the trial for the Weekly, argued in his blogs that the California Unfair Practices Act was out of date and irrelevant. Referring to the act as a “depression era law,” (actually, the act dates back to 1913, California’s Progressive Era), Van De Voorde suggested that modern competitive markets made such a law pointless.

The law bars any business from selling a product or service below cost with the intent to harm a competitor or destroy competition. That prohibition has been upheld by many appellate court decisions, some as recent as the 21st century. The state Legislature has reviewed and even amended that part of the state code many times in recent decades, but has declined to make any fundamental changes in the protections afforded by the Unfair Practices Act.

And the trend toward chain ownership and consolidation of businesses in everything from coffee shops to bookstores and hair salons would seem to suggest that the need for a law protecting independent local merchants from predatory chains is greater than ever today.

That’s certainly true for the news media: One company new owns almost every daily newspaper in the Bay Area.

Both before and after the trial, the VVM lawyers also argued that a ban on predatory pricing would violate the Weekly’s First Amendment rights. If the paper was forced to live within its means – that is, to raise ad rates and stop relying on big subsidies from the chain – Weekly managers might have to cut the size of the staff, thus reducing editorial coverage, the lawyers argued.

Two judges – first Richard Kramer, who handled pre-trial rulings, and later Miller – rejected that argument wholesale.

As the Guardian’s lawyers argued, newspapers have always had to follow basic business regulations – even when they might cost money that could have gone to editorial staffing. No newspaper has ever seriously tried to claim that labor laws, or environmental laws, or workplace-safety laws, or tax laws were a First Amendment violation.

Still, those claims may appear again in the appellate briefs.

Meanwhile, the costs to VVM and the Weekly will continue to rise: If the verdict is upheld on appeal, the chain will have to pay interest on the jury award, which is now accruing at about $4,300 a day. And at this point the Guardian has an additional statutory right to recover reasonable attorney’s fees, which could add a substantial amount to the current judgment of more than $16 million

The Guardian’s lawyers are Ralph Alldredge, Richard Hill and E. Craig Moody.

You can read the Guardian’s key legal brief on the post-trial motions here. For a detailed history of the case, click here

Erykah Badu: ‘Kiss my placenta!’

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Erykah Badu_Marc_Baptiste2 2.jpg
Scribbling scion Erykah Badu. Photo by Marc Baptiste.

By Jamilah King

Miss Erykah Badu recently wrote those fabulously succinct words to anyone who had the nerve to question the honor of her motherhood. Amid rumors that she’s pregnant for a third time, this time by Jay Electronica, (Andre 3000 and DOC were the fathers of her first two), some folks threw criticism her way for having a third child “out of wedlock.” (What the fuck does this mean, anyway?)

Badu sounded off on Okayplayer, saying:

“HOW DARE YOU DISRESPECT THE QUEENDOM…AND MY CHILDREN AND MY INTELLIGENCE. What is Marriage? Who Is The Judge? i am an excellent mother and resent all of the negative comments and insults on my character. I AM COMPLETE WITH OR WITHOUT A PARTNER AND WILL ALWAYS BE …I PUT MUCH TIME AND THOUGHT INTO HAVING AND RAISING MY CHILDREN. IVE HAD THE HONORS OF HAVING 2 HOME BIRTHS AND 2 WONDERFUL PARTNERS BY MY SIDE… F*CK OFF… WHO NEEDS YOU ….CERTAINLY NOT ME … KICK ROCKS … CALL TYRONE … PACK LIGHT …. BITE ME…and if this post is not clear, kiss my placenta”

Read the entire response here. It doesn’t surprise me at all that one of the most innovative mainstream musicians of our time – who happens to have dated and/or had children with similarly skilled artists – gets attacked because she’s a black woman who dates black men and creates hip-hop. She has two kids who are never paraded around in the media, a relatively quiet private life and continues to make dope ass music. Funny how white celebrities like Angelina Jolie can adopt brown babies from orphanages around the world, move to so-called exotic countries to give birth to biological kids, put out a slew of lackluster films, and be heralded as Wonder Mom.

Tough love for the McCain campaign

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By Bruce B. Brugmann

A tip of the Potrero Hill martini glass to Bob Scheer for his superb column in the Chronicle outlining the damming role of former Senator Phil Gramm as Senator John McCain’s campaign co-chair. And a tip of the Potrero Hill martini glass to the Chronicle for running this excellent column and for his column regularly from Creators Syndicate. Key question: Why does it take Scheer, a columnist not on the campaign trail, to lay out this critical line on Gramm and his Senate leadership as chair of the powerful senate banking committee to engineer “passage of legislation that effectively ended the major regulatory restraints applied to the financial industry in response to the Great Depression.”

Scheer raises the critical question for McCain and the Republicans:

“Why in the world would you designate as your key economic adviser someone who left the Senate to become an officer of the UBS bank that is at the very center of this mess, a former senator who not only secured highly paid employment with a banking giant that benefited from legislation he helped pass, but who then lobbied Congress for even more of the deregulatory breaks that got the bank into such deep trouble?”

Another question for the rest of the mainstream media: Why does it take Scheer, former Ramparts editor who did the pioneering stories on the origin of the Vietnam War, to raise these obvious questions that ought to have been investigated and dramatized about McCain rather than the daily minutia that keeps popping up on the cable and TV shows and in the daily newspapers? Why isn’t an authentic, liberal, political reporter asked to appear on any of the talk shows or on any programs commenting on the campaign? B3

Click here to read, How about ‘tough love’ for bankers? by Robert Scheer.

Poultrygeist

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WINGIN’ IT Veteran filmmaker Lloyd Kaufman spoke to me from Troma Entertainment’s Long Island City, N.Y., headquarters about Poultrygeist: Night of the Chicken Dead — a scathing and explosive (as in "explosive diarrhea") look at the fast-food industry. He calls this hilarious, stomach-turning epic "the first chicken-Indian-zombie movie that has singing and dancing." He also had quite a bit to say about the state of the media and cinema today. (Cheryl Eddy)

LLOYD KAUFMAN "The biggest misconception [about Troma films] is that people who haven’t seen them assume that we make these movies formulaically — that we just throw together some gyno-Americans in bikinis, slap some ketchup on ’em, and have ’em run through the woods. Troma is a 35-year-old company, and we wouldn’t be around if that was all we did. The problem is, most people who dismiss us are too busy taking [in] the Burger King advertisement called Iron Man. The Village Voice has a conglomerate — the so-called ‘alternative newspaper,’ the LA Weekly, the New Times — they don’t even have the interest in reviewing [Poultrygeist]. They have some idiot review it in New York who, in my opinion, didn’t even look at the movie, and says that Trey Parker is in Poultrygeist and gives it a cursory review. I can’t imagine how they could have seen the movie if they think Trey Parker is in the movie. Somebody put it up on imdb.com because Trey Parker was discovered by Troma, and because Trey Parker has acted in other Troma movies. Some fan put it [on the Internet]. And this has been repeated by other critics — critics! who are supposed to be reviewing the movie. So if the alternative media is a disgrace like the LA Weekly, if they’re just vomiting out an inaccurate, uninspired reviews, if this is the alternative media that’s supposed to be embracing art and embracing independent art, we don’t have a chance. When Toxic Avenger came out in 1983, Vincent Canby — the lead reviewer for the New York Times — chose to review it when it came out. He cared, he was interested. That’s gone. It’s over.

"All of us independents have got to fight for the future of art. The big hope is that [independent filmmakers] come out swinging: that they be aggressive and not be afraid to whore for their art. I think too many talented directors feel that doing what Lloyd Kaufman does is low-class, going out there and promoting the film — like, ‘I don’t wanna get my hands dirty doing that.’ As long as you don’t compromise your art, as long as you don’t try to remake Pulp Fiction 10 times, as long as you’re doing something you believe in once it’s finished — as long as you’re not breaking any laws or hurting people — what is wrong if I wear a clown suit and go to Cannes and throw blood on people? Why is that wrong?"

POULTRYGEIST: NIGHT OF THE CHICKEN DEAD opens Fri/18 at the Roxie. See Rep Clock for showtimes.

Nailing it

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Queens Nails Annex has long had its street-level glam talons on the pulse of the Mission District art scene — one that so often melds visual art, music, film and video, and performance — so it’s fitting that unexpected connections are emerging from its curatorial contribution to "BAN 5": "Estacion Odesia," a four-parter named for a metro stop that will present visual works by artists and musicians at QNA and their audio pieces at YBCA listening stations; produce a limited-edition box set of music and visual artifacts; and throw a music club with downloadable playlists, an opportunity to share tracks, and monthly meetings. One surprise at the QNA show has to be the video piece by Renee Green, the dean of graduate programs at the San Francisco Art Institute, which QNA cofounder Julio César Morales describes as an extremely media-ted portrait of Green’s brother Derrick, the vocalist-guitarist of Sepultura, painted with magazine stories and radio interviews without using any of the metal giants’ actual music. "It’s an interesting mix of documentary and her personal connection to her brother," Morales muses.

ESTACION ODESIA Sat/19–Nov. 16, YBCA, first floor galleries. Also July 25–Aug. 30, Queens Nails Annex, 3191 Mission, SF. (415) 648-4564, www.queensnailsannex.com. Music club happens Aug. 15, Sept. 15, and Oct. 17, 7 p.m.

Obama Moves Right? Pundits Cheer

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By Bruce B. Brugmann

Is Obama moving to the right? If so, how far? I am personally disturbed at his vote to support Bush’s FISA legislation, although I liked Jim Hightower’s radio commentary summing up that this kind of change is why progressives need to keep pushing, to be “noisy, feisty, and confrontational.” In any event, I find that FAIR, the Fairness and Accuracy in Reporting media advocacy group, has one of the best commentaries on the issue of Obama’s moves.

Click here to read Obama Moves Right? Pundits Cheer from FAIR (Fairness and Accuracy in Reporting)

Newsom, Eric Jaye and PG&E

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The following is an email exchange between me and Nathan Ballard, the mayor’s press secretary, on the subject of the Clean Energy Act. It raises some interesting questions; I thought I’d just post it without further comment.

ME: Will Mayor Newsom be endorsing the Clean Energy Act?

NATHAN BALLARD: Check with Jaye.

ME: Thanks, I will. A private political consultant is now speaking for the mayor on policy positions?

BALLARD: I don’t use public resources/time to comment about endorsements on ballot measures, candidate races, etc. Eric Jaye is Newsom’s point of contact for the media on such issues.

ME: Interesting. How long as this been your policy? (And by the way, I don’t think the Clean Energy Act is a ballot measure yet. It’s still before the board of supervisors. So you can’t speak for the mayor about his positions
on pending legislation?)

I’m also intrigued by the possibility of serious conflicts here. Eric Jaye is often involved in local political campaigns as a paid consultant. Should he be speaking for the mayor if he is getting paid to take one side on an issue?

BALLARD: Yes, I can speak for the Mayor on pending legislation. Once it’s on the ballot, I probably shouldn’t. Anyways, I don’t know of any local legislation called the Clean Energy Act. Do send me the text and I’ll see
if the Mayor wants to express an opinion to you about it.

As to your question about Eric Jaye, it sounds like you are suggesting that he is doing something wrong. I know and respect Eric, and so I know that you are on the wrong track. His professional ethics are unimpeachable. But
instead of spreading rumors about Eric through third parties, why don’t you just pick up the phone and call him with your accusations? I am confident that he will be quite happy to set you straight.

ME: Eric Jaye informs me that since he is, in fact, working for PG&E in opposition to the Clean Energy Act, he has a conflict (as I had suspected) and can’t speak for the mayor on this issue.

There was a hearing on the measure this week, and I’m sure the mayor is aware of it and what it entails. Can you let me know if he has taken a position or plans to?

Thanks for your help.

BALLARD: The Mayor says he is aware of this legislation and he is looking into it.

Weekly tries to overturn verdict

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Lawyers for the SF Weekly and its parent company tried July 8 to overturn the Bay Guardian’s $16 million predatory pricing verdict, rehashing several old arguments and trotting out a few new ones.

Judge Marla Miller took the case under submission and is expected to rule within ten days.

The Weekly and Village Voice Media asked the judge to throw out the jury verdict or order a new trial. The gist of their arguments: The evidence presented in court didn’t support the decision that a San Francisco jury reached after a five-week trial.

The arguments were at times highly technical, and hinged on the finer points of the definitions of words. In the same way the Bill Clinton once asked what the meaning of “is” is, James Wagstaffe, one of the VVM lawyers, tried to insist that the judge and jury had misinterpreted the term “agent” – and thus improperly concluded that the Phoenix-based chain was equally responsible for paying the damages.

The argument was aimed at severing VVM – a company with $190 million in sales and $11 million in profits – from the verdict. That way the only guilty party would be the Weekly – which VVM admits has no assets and would be unable to pay the Guardian anywhere near $16 million.

Evidence presented at the trial had shown that VVM executives were well aware of, and directly involved in, the SF Weekly’s long pattern of selling ads below cost in an effort to harm a locally owned competitor. In fact, two senior officers, CFO Jed Brunst and group publisher Scott Tobias, admitted on the stand that the SF Weekly would have gone out of business years ago if the chain hadn’t made a policy of shipping large sums of money from headquarters into the San Francisco operation to subsidize below-cost sales.

And yet, Wagstaffe claimed, the law required that VVM be acting as an “agent” for SF Weekly in order to be equally liable. “You have to act on behalf of someone else to be an agent,” he argued. “It is not enough to aid or assist.”
Since VVM was the parent company, Wagstaffe told Miller, nobody at that entity was taking orders from the local subsidiary. So VVM and its officers couldn’t have been SF Weekly’s “agents.”

He also said that Miller had screwed up and given the jury the wrong instructions about the presumption of intent. He said the instructions improperly allowed the jury to assume that VVM and the Weekly intended to harm the Guardian.

At the time those instructions were hammered out, later in the trial, “it was nine o’clock at night and we were all running around,” he told her with typical animation. “I was there with my usual energy but everyone else was tired.”
Guardian lawyer, Ralph Alldredge calmly asked Miller to look directly at the statute involved in the case. “The language is remarkable in its breadth,” he said, explaining that the state Legislature had clearly written the Unfair Practices Act to prevent big companies from hiding their assets by blaming subsidiaries for illegal acts. The law, he said, “refers to aiding and assisting, directly or indirectly, and says that the people who do that are equally responsible.”

He added: “What more aid and assistance could you possibly provide in a predatory pricing case than to fund it?”
As for the jury instructions, Alldredge pointed out that the issue of presumption is hardly new. “That court has already looked long and hard at this,” he said. “There were long discussions about jury instructions.”
Alldredge agued that the state law applied directly to the facts at trial, and that the jury properly applied that law. “This is exactly the sort of scenario that the law was written to cover,” he said. “A big company with operations in many markets was going after a smaller entity in one market.

“That statute,” he concluded, “was set up to presume that if you can prove below-cost sales and damages, intent shouldn’t be the sticking point.”

H. Sinclair Kerr, Wagstaffe’s partner and the lead Weekly lawyer during the trial, then rehashed the VVM argument from the trial that the Guardian profits over the seven year period of the complaint were not sufficient to justify the $6.3 million in damages that the jury awarded. (Miller later ruled that much of the damages should be trebled).
Alldredge countered that the Guardian financial expert, Clifford Kupperberg, had calculated the profit the Guardian could have made during that period without the Weekly’s below-cost pricing and the losses the Guardian experienced. The combination of the two would be around a million dollars a year, he said.

Although Kerr claimed the damages were “excessive,” Alldredge argued the Guardian had to shrink its business to survive the predatory onslaught and would have to make major investments to build the paper back up. “The Guardian must get back the profits and invest to rebuild the business,” he said. There was “nothing excessive about what the jury found,” he said.

At one point, as Kerr tried to bring back the VVM argument about the extent of the competition for the two alternatives Judge Miller interrupted and said, “Do you mean the poetry journal and the paper in Livermore?”

She was referring to the VVM argument during trial in which it cited a huge list of papers, from the Gilroy Dispatch to the Bodega Bay Navigator to a paper in Livermore, as competition. Alldredge made fun of the reference during trial. Miller’s remark stopped Kerr from continuing this line of reasoning.

The hearing lasted four and a half hours, and Miller allowed both sides considerable latitude in speaking and addressing the arguments. Both of the top executives of VVM, Mike Lacey and Jim Larkin, were on hand, as was Brunst and Andy Van De Voorde, who has been covering the trial for VVM.

Van De Voorde, whose reports have been long on rhetoric and personal attacks, posted an atypically short and non-bombastic story on the hearing.

The Guardian is represented by Alldredge, Hill and E. Craig Moody. The Weekly has brought Forrest Hainline onto its legal team after the trial, but he is no longer involved, so the case is in the hands of Kerr and Wagstaffe.

Click here to see the Guardian arguments as laid out in our opposition brief.

Noise to go

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Load combo Monotract inspired immediate double — nay, triple — takes as it took the stage at the label’s South by Southwest showcase at Room 710 in Austin, Texas, last year. Noise impresario Carlos Griffoni and ace drummer Roger Rimada were missing in action due to a snowstorm, and the New York City band’s sole rep turned out to be guitarist-vocalist Nancy Garcia — flailing away on guitar with massive curls and girlish frock and evoking images of early punk women before the genre’s look, and sound, became codified. Alongside Garcia was an impromptu experimental-music supergroup incarnation of Monotract — Sonic Youth’s Thurston Moore also on guitar, Burning Star Core’s C. Spencer Yeh on violin, and Magik Marker’s Pete Nolan on drums — generating a memorable, noise-fueled set only tangentially related to the genuine article’s powerful album that same year, Trueno Oscuro (Load). The fourth album by the band ended up drawing praise from both Pitchfork Media and The Wire for its loud-soft waves of epic distortion ("Red Tide"), no-wave-ish blurt ("Cafu y Kaka"), and electronic-groan tribal-chant ("Big N"), which saw Garcia memorably motor-mouthing toward the reverb-bristled finale.

Apparently Garcia is not only resourceful in a jam, but something of a triple, even quadruple, threat. The Miami, Fla., native of Cuban American descent has been working in dance, video, and visual art, in addition to music, since moving to NYC eight years ago, where she studied at the Merce Cunningham dance studio and recently received a master’s in interactive technology at New York University’s Tisch School of the Arts. And she’s traveled far —aesthetically and geographically — from her sun-baked teen years in Miami, listening to grunge on the radio and flailing at her guitar as part of Rat Bastard’s Laundry Room Squelchers.

Her first tour with the noise group at 18 led to some "permanent damage, for sure," she says with a chuckle, speaking by phone from NYC. "I was really young and in high school, so it was just really amazing that someone invited me to go on a stage and I could play whatever I wanted. Basically there was no judgment passed, ever."

A dancer since age six, Garcia began composing music and dance at around the same time, so it was natural that one medium informed the other. Garcia’s 2007 dance piece, No Keys, for instance, juxtaposed frugging and head-banging rock moves drawn from Tina Turner and Iggy Pop with lyrics from the Slits and John Holt, beneath one of the musician’s wall-size drawings. Another work, 2005’s localstwang, saw Garcia moving and making music simultaneously, using contact mics attached to effects pedals and amps. That sense of play will factor into Garcia’s Mission Creek show — a first for her as a solo live performer: it will involve guitar, oscillators, and perhaps other "random instruments in the space," she offers. "I like to stay sort of open. Oh, also some movement. It’s hard not to move when there’s music playing."

NANCY GARCIA

With Fishbeck/Duplantier, Jane(t) Pants, and Kunsole

Fri/18, 8 p.m., $5–<\d>$15 sliding scale

New Langton Arts

1246 Folsom, SF

(415) 626-5416

Support SF’s Clean Energy Act

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EDITORIAL The long-awaited charter amendment that would transform San Francisco’s energy policy will come before the Board of Supervisors within the next few weeks. The measure, known as the Clean Energy Act, deserves strong support.

The proposal is fairly simple, but far-reaching. It includes ambitious targets for reductions in greenhouse gas emissions and a mandate that the city shift to entirely renewable electricity by 2040. That would turn Mayor Gavin Newsom’s green city rhetoric into enforceable reality and put the city where it ought to be — in the forefront of global efforts to end reliance on fossil fuels.

And the sponsors of the charter amendment, Sups. Ross Mirkarimi and Aaron Peskin, realize that the only way the city will ever get serious about sustainable energy programs is to get rid of Pacific Gas and Electric Co.’s monopoly and shift to a publicly-run local utility.

The measure would, for the first time, create a detailed municipal energy policy and put control of the city’s energy future in the hands of city officials, not those of a private corporation. The San Francisco Public Utilities Commission would have a mandate to ensure that by 2017, 51 percent of the electricity used in the city came from renewable sources. By 2030 that number would rise to 75 percent, and by 2040 the city would be seeking a 100 percent renewable portfolio. (Energy from the city’s existing Hetch Hetchy hydroelectric project would count as renewable power, and since Hetch Hetchy already covers a significant percent of the municipal load, the targets are entirely reasonable.)

The PUC would have to prepare a report every two years advising the supervisors on how it is moving to meet the targets.

The measure also directs the PUC to come up with a plan to put San Francisco into the business of retail electric power. That’s something activists have been pushing for since the 1920s. The federal law that gave the city the unique right to build a dam in a national park additionally mandated that San Francisco use the electricity from the dam to establish a public power system. The city has been in violation of the Raker Act for some 90 years now. As we’ve reported in numerous stories going back to 1969, the city built the dam in Yosemite and managed to construct a world-class municipal water system — but PG&E, through bribery, corruption, and political influence, hijacked the dam’s electric power. Although San Francisco is the only city in the nation with a federal public-power mandate and one of the few that owns and operates a major public hydroelectric project, residents and businesses are still stuck with PG&E’s soaring rates and lousy service.

And PG&E — which uses fossil fuels for much of its power and operates a nuclear plant — won’t make even the state’s mild mandate of 20 percent renewable energy by 2010.

Public power cities all over California have lower rates and better service. The Sacramento Municipal Utility District, one of the largest public power systems in the state, is a national leader on renewable energy and conservation efforts. And public power makes tremendous economic sense: a municipal utility would bring tens, maybe hundreds of millions of dollars per year into the city’s coffers. That money could be invested in solar, wind, and tidal energy, and some could go to reduce the structural budget deficit that haunts City Hall every year.

PG&E is already nervous about the prospect of a renewable energy and public power measure passing this fall, and has cranked up a campaign of lies and misinformation. The news media are already starting to pick up the pro-PG&E stance — the San Francisco Business Times is running a "poll" on public power that leads off with the tired old claim that "San Francisco can’t make the buses run on time. But it can find power to keep the lights on?" (A bit of reality here: urban bus systems are tough to run because they lose money. Public power systems make money. The lights stay on in Sacramento, Palo Alto, Los Angeles, Alameda, Santa Clara, and a lot of other cities — and the people who live there pay less, get more reliable service, and are more likely to see reductions in greenhouse gas emissions.)

Six votes are needed to put the Clean Energy Act on the ballot. Any supervisor who doesn’t support it will forever be known as someone who puts the interests of PG&E ahead of the needs of San Francisco, the nation, and the planet.

Editor’s Notes

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› tredmond@sfbg.com

I was dreading the drive home from Lake Shasta. Sunday afternoon. The end of a major holiday weekend. Every car in Northern California would be converging on the Bay Bridge right around the same time I got there. Figure two hours from the Carquinez Bridge to the toll plaza. Hot weather. Tired, hungry kids who have to pee. Nowhere to go, no way to move. An impatient driver (me), who can’t stand waiting five minutes in a grocery store line, stuck in an endless, hellish queue with no outlet for the anger except to crab at my long-suffering partner. It wasn’t going to be pretty.

We did what we could. We got up early Sunday morning, de-fusted the boat, pulled into the dock by 11 a.m., and got on the road by noon. But still: 210 miles to San Francisco. We’d hit the Bay Area right about 3 p.m., along with every other auto-mad idiot who drove somewhere for the Fourth of July.

But a funny thing happened: we cleared Vacaville, and Crockett, and Vallejo, and I kept waiting for the traffic to hit. And then Albany and Berkeley and … whoa: we were on the bridge approach at 3:15, not one single stop-and-go spot, and the bridge was no worse than a typical pre-rush-hour weekday afternoon. It seemed as if nobody was driving.

Nobody is a bit too strong of a term — there were still plenty of people on the road. But for the first time in a decade, the California State Automobile Association reported a decline in car use over the holiday. "Less disposable cash and an overall increase in travel expenses have caused Californians to postpone or downsize their holiday getaways," CSAA spokesperson Cynthia Harris announced.

You could see that up at the lake, where rows of empty houseboats sat at the dock. Part of it was the incessant media coverage of the fires (in fact, Shasta was fine). But the biggest factor was the price of gas. At $4.50 a gallon, people don’t drive as much.

This is good.

For the first time in many, many years, people are talking about fuel efficiency again. I’m obsessed with it: change the oil, keep the car tuned and the tires inflated, and our utterly uncool Saturn wagon, with two-wheel drive and a small, weak four-cylinder engine, gets almost 40 mpg on the highway. We burned maybe 12 gallons round trip, which cost a little more than $50. Twice what it cost a few years ago, but not a deal-breaker. All of a sudden, the SUVs are grounded, and we’ve got the trick ride.

And I started to think: imagine what would have happened if courageous politicians in California had put a $2-a-gallon tax on gas five years ago. The SUVs and Hummers would be long gone. Public transit would be booming. And with 1.5 billion gallons of gas sold per year in the state, there would be $3 billion more each year in new revenue. Enough to fund huge improvements in urban transportation systems. The high-speed rail line to Los Angeles would be well underway. Traffic (and pollution, and global warming) would have dropped dramatically.

Yeah, the price of gas hits hard on working-class people who have to drive. I get that. It’s not the world’s most progressive tax. But the price has gone up anyway (as we all knew it would eventually) — and now all of that money is going into private oil company profits instead of going into public benefits. Something to think about.

‘Usually I like it when you play with yourself,’ or Richard T. Walker at Iceberger

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By Ari Messer

Continuing to glide through artistic media, the Mission’s new Iceberger gallery opened its fifth show, Richard T. Walker’s video installation, “sometimes i like you more than othertimes,” with a bang on June 14.

richardwalker.jpg

Walker, a British artist currently at the Headlands Center for the Arts and formerly at Berkeley’s Kala Art Institute, is drawn to our often self-interested but always interesting interactions with the natural world. In this case, two videos playing simultaneously on color flat screens face each other in the small, pristine gallery space. They showcase Walker traipsing around the golden California hills with a microphone and small amplifier, delivering a speech in different locales while looking away from the viewer. At the same time, he literally plays with himself – on guitar, vocals and drums – also looking away from the viewer, as if talking to himself all the way around the world.

The most impressive thing at Iceberger’s fifth opening wasn’t the free beer – or free pizza – but the fact that most folks stayed to watch the entire video, often following along with the conversational, poetic text, which was available as program notes. Though spoken in address alternately to “all of the grass I have ever encountered” and to “a medium-sized mountain that will stay in my thoughts forever,” the words sound like a Tarot reading from a good, if ruthlessly honest, friend, speaking directly to the viewer, such as this:

Hirocks

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"We’re like a cockroach," explains Hirax vocalist Katon W. De Pena early on in our lively recent phone interview. "You can’t kill us." De Pena founded Hirax in Los Angeles in 1984, and if his enthusiasm is any indication, the enemies of metal better start stockpiling Raid. Although they never achieved the towering reputation of the bands they rubbed shoulders with in the 1980s, De Pena’s newly reinvigorated outfit is working harder than ever, deep in the once-underground thrash trenches including gradually disinterred, now-ascendant old-schoolers like Death Angel, Exodus, and Testament, and eager newcomers such as Municipal Waste, Hatchet, and Merciless Death.

Hirax has second billing behind Exodus at the 11th Tidal Wave Festival, a free outdoor metal concert taking place July 5 and 6 in John McLaren Park. Way back in 1984, the band got its first big break with a feature in Tim Yohannon’s influential Bay Area zine, Maximum Rocknroll, and De Pena overflows with appreciation for the support San Francisco has shown his group over the years: "Playing free is like giving something back to the movement that helped spawn thrash metal. We have a lot of great memories from playing San Francisco."

The outfit has always had a fiercely independent streak, which served them in good stead when a bunch of guys in flannel hacked down the tent pole at the metal big top in the early ’90s. Since parting with Metal Blade in 1986, Hirax’s members have been the masters of their headbanging domain, releasing albums through their own label and distributing them around the world through licensing deals with major players like Relapse and Century Media Records.

This uncompromising approach has won them widespread respect, and relentless touring has uncovered dormant thrashers desperate for something to rock out to. De Pena has become a connoisseur of the American metal heartland. "In the US, there are cities that are just amazing, like Allentown, Penn.," he says. "We meet these fans, and it puts it in perspective why you do it. They believe in you. That they care so much keeps you caring."

It looks like a new dawn for thrash in America, and De Pena thinks his band is ready to capitalize. Crediting his natural stubbornness and the support of his "total metalhead" wife who saw him through the dark days of the ’90s, the ebullient frontman sees a bright future ahead. "I think people are looking for something exciting, and thrash metal has that," says De Pena. "It always was very exciting. Over the last 10 years, music has gotten pop-y or emo or nü metal, and people have wanted something with more edge to it. It’s just gotten better and better [for Hirax] every year."

TIDAL WAVE FESTIVAL

With Exodus, Psychosomatic, Havok, Ludicra, Saros, and others

Sat/5–Sun/6, noon–6 p.m., free

Jerry Garcia Amphitheater

John McLaren Park

45 Shelley, SF

www.thetidalwave.org

Nine years of everything

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› annalee@techsploitation.com

TECHSPLOITATION I’ve been writing this column for nine years. I was here with you through the dot-com boom and the crash. I made fun of the rise of Web 2.0 when that was called for, and screamed about digital surveillance under the USA-PATRIOT Act when that was required (actually, that’s still required). I’ve ranted about everything from obscenity law to genetic engineering, and I’ve managed to stretch this column’s techie mandate to include meditations on electronic music and sexology. Every week I gave you my latest brain dump, even when I was visiting family in Saskatchewan or taking a year off from regular journalism work to study at MIT.

But now it’s time for me to move on. This is my last Techsploitation column, and I’m not going to pretend it’s not a sad time for me. Writing this column was the first awesome job I got after fleeing a life of adjunct professor hell at UC Berkeley. I was still trying to figure out what I would do with my brain when Dan Pulcrano of the Silicon Valley Metro invited me out for really strong martinis at Blondie’s Bar in the Mission District and offered me a job writing about tech workers in Silicon Valley. My reaction? I wrote a column about geeks doing drugs and building insanely cool shit at Burning Man. I felt like the hipster survivalist festival was the only event that truly captured the madness of the dot-com culture I saw blooming and dying all around me. I can’t believe Dan kept me on, but he did.

Since then, my column also found a home in the Guardian and online at Alternet.org, two of the best leftist publications I’ve ever had the honor to work with. I’ve always believed the left needed a strong technical wing, and I’ve tried to use Techsploitation to articulate what exactly it would mean to be a political radical who also wants to play with tons of techie consumerist crap.

There are plenty of libertarians among techie geeks and science nerds, but it remains my steadfast belief that a rational, sustainable future society must include a strong collectivist vision. We should strive to use technologies to form communities, to make it easier for people to help the most helpless members of society. A pure free-market ideology only leads to a kind of oblivious cruelty when it comes to social welfare. I don’t believe in big government, but I do believe in good government. And I still look forward to the day when capitalism is crushed by a smarter, better system where everyone can be useful and nobody dies on the street of a disease that could have been prevented by a decent socialized health care system.

So I’m not leaving Techsploitation behind because I’ve faltered in my faith that one day my socialist robot children will form baking cooperatives off the shoulder of Saturn. I’m just moving on to other mind-ensnaring projects. Some of you may know that I’ve become the editor of io9.com, a blog devoted to science fiction, science, and futurism. For the past six months I’ve been working like a maniac on io9, and I’ve also hired a kickass team of writers to work with me. So if you want a little Techsploitation feeling, be sure to stop by io9.com. We’re there changing the future, saving the world, and hanging out in spaceships right now.

I also have another book project cooking in the back of my brain, so when I’m not blogging about robots and post-human futures, I’m also writing a book-length narrative about, um, robots and post-human futures. Also pirates.

The past nine years of Techsploitation would have been nothing without my readers, and I hope you can picture me with tears in my eyes when I write that. I’ve gotten so many cool e-mails from you guys over the years that they’ve filled my heart forever with glorious, precise rants about free software, digital liberties, sex toys, genetic engineering, copyright, capitalism, art, video games, science fiction, the environment, and the future — and why I’m completely, totally wrong about all of them. I love you dorks! Don’t ever stop ruthlessly criticizing everything that exists. It is the only way we’ll survive.

Annalee Newitz (annalee@techsploitation.com) is a surly media nerd who is slowly working on fixing her broken WordPress install at www.techsploitation.com, so eventually you’ll be able to keep up with her there again.

Friday Special: Feds cough up $2.8 million over anthrax

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Anthrax: the bacteria that wormed its way into the consciousness of an entire nation, thanks to who?

I like to cruise the news on Fridays in search of breaking stories that someone hopes will be buried by the weekend and forgotten by Monday.

I bet the feds are hoping that Steven Hatfill will be one such case.

That’s because they have just agreed to pay the former bioweapons researcher $2.825 million and a $150,000 annuity.

Hatfill, who lost his job, but was never charged, sued the Justice Department in 2003 for violating his privacy , after he was designated a “person of interest” following the deadly anthrax attacks in October 2001.

Five people were killed, 17 became seriously ill–and an entire nation was traumatized, on top of the already traumatizing 9/11 attacks.

Two post office workers died in Washington. An employee of American Media died in Florida; an elderly woman died in Oxford, Connecticut, as did a hospital worker in New York.

At least 24 FBI agents undertook 900 interviews, but no one was ever charged.

It sounds ridiculous in retrospect, but at the news organization where I was working at the time, we were instructed to open the mail wearing gloves and mask, after anthrax-laced letters were sent to the offices of U.S. Sens. Tom Daschle of South Dakota and Patrick Veahy of Vermont and a TV news network.

I also remember local law enforcement turning out in full force, after white powder was found on the street outside my office. It turned out to be flour, scattered in a beer run, in which someone had gone jogging, marking the path from bar to bar with flour.

Asked if the perpetrators could be prosecuted, a local fireman told me , “Well, you could stretch it out to littering.”

Wish that we could prosecute whoever was responsible for littering an entire nation’s psyche with fear of anthrax.

But with the feds declaring the case “stone cold,” feel free to share your “anthrax memories” here, lest we forget how thoroughly terrorized we all were–and lest we ignore, at our own peril, how some will seek to reactivate those fears as the November election approaches.

MUD money

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Originally published October 10, 2001 A San Francisco public power agency could buy out Pacific Gas and Electric Co., cut residential electricity rates by 20 percent, dramatically reduce the city’s reliance on fossil fuels – and still operate with a $18 million annual surplus, a Bay Guardian analysis shows. Our study’s figures directly contradict the argument that’s at the heart of PG&E’s campaign against public power: they show that a municipal electrical system can be bought and run at no cost to the taxpayers – with plenty of money left over. Our figures are all taken from public sources and are consistent with the financial reports of other major public power agencies in the state. In fact, if anything, our figures are conservative; the real benefits are almost certainly higher. The financial issues are essentially the same for a municipal utility district and for a city power agency, so our figures would apply to either the MUD, which would be created under Measure I, or the Water and Power Agency, which would be created under Proposition F. Calcuutf8g the financial feasibility of a municipal utility district or city power agency in detail is a complex process. Consultants typically charge upward of $1 million for detailed feasibility studies that use all sorts of models and assumptions to come up with the sorts of figures you can take to the bank (or to Wall Street to sell bonds). So our analysis isn’t anywhere near as detailed as what the MUD or the WPA will eventually have to produce. But we’ve covered all of the major revenues and costs; if we’re missing anything, it won’t radically change the bottom line. And it’s safe to say that we haven’t over<\h>estimated the financial viability of public power. The questions on the minds of most voters this fall are relatively simple: Can public power pay for itself? Will the MUD or the Water and Power Agency be a financial success? And our research shows that the answer is a resounding yes. We’ve run through two scenarios, a worst-case scenario and a best-case scenario. In each case, we’ve found, a San Francisco public power agency is more than financially viable. Our study is the rough equivalent of what a MUD’s or WPA’s annual energy report to the public would look like once the agency was up and running. In fact, we’ve pretty much followed the model of the Sacramento Municipal Utility District (SMUD) and the Los Angeles Department of Water and Power (LADWP), and we’ve relied on those two agencies’ figures to estimate some of what the city’s comparable costs would be. We’ve discussed our study with Ed Smeloff, the city’s top energy expert, and while he couldn’t verify our conclusions (since he hasn’t run the numbers himself), he said that there were no major costs that we had ignored. The results are summarized in the two accompanying charts. Where’s the money? Based on how other MUDs have been set up, the process in San Francisco would look something like this: The elected MUD (or WPA) directors would commission a detailed feasibility study outlining the financial future of the agency. Then they would begin negotiations with PG&E to buy the company’s local transmission and distribution system. If PG&E wouldn’t sell, the MUD or WPA would seize the system through the power of eminent domain. The agency would then issue revenue bonds to cover the cost of the acquisition and start-up, hire a staff, and go into the retail power business. Sales of electricity would bring in revenue that would cover operating costs and pay off the revenue bonds; any money left over at the end could be turned back to the city’s General Fund, used to reduce rates, or used for conservation and environmental projects. So the first step in analyzing the finances of a MUD is to figure out how much revenue would be available each year. That’s a relatively simple calculation. According to the California Energy Commission, PG&E currently sells about 5.4 billion kilowatt-<\h>hours of electricity to customers in San Francisco. (This figure doesn’t include energy used by the city government, since government agencies use power from the city’s Hetch Hetchy dam.) Residential, commercial, and industrial customers all pay different rates. If a MUD sold power at current PG&E rates (as provided to us by PG&E spokesperson Ron Low), it would bring in $562 million in revenue (enough to create a big annual surplus – roughly $36 million.) But a MUD or power agency almost certainly wouldn’t sell power at PG&E’s high rates – one major attraction of public power is that it offers cheaper electricity. So in both of our scenarios, we assumed that the rates would be at least 10 percent below PG&E’s rates. In fact, as our study shows, rates could drop as much as 20 percent without harming the MUD or WPA’s viability. What’s it cost? There are three basic categories of costs that the agency would have to cover. The first is payments on the bonds, the second is generating or buying power, and the third is basic operations and maintenance (paying the staff to keep the system up and running, to send out bills, to read meters, as well as operating the repair trucks, etc.). Electricity can’t just be delivered to the doorsteps of customers like canned ham in a UPS box. It has to be distributed through a network of transformers, substations, wires, and poles and measured with individual meters. And until the public power agency owns that distribution network, it can’t sell a single kilowatt. Unfortunately, the system that’s now in place in San Francisco is owned by PG&E – and almost everyone involved agrees that it would be cheaper, easier, and quicker for the city to take over that system than to build a new one from scratch. That’s what SMUD did and what most other public agencies that have gotten into the power business in the past half century have done. A MUD or a city power agency would have the right to seize PG&E’s property by eminent domain. But PG&E would be entitled under law to fair compensation for the taking of its property, and one of the most complex, bitter – and crucial – issues involved in establishing public power will be the price tag. “This is not an easy case at all,” Richard Epstein, a professor of law at the University of Chicago and a national expert on eminent domain, told us. “I can guarantee you that nobody, but nobody, has any idea right now what fair compensation would be.” The issue will almost certainly be settled in court. PG&E insists that its San Francisco property is worth a small fortune – as much as $1.4 billion. In a 1996 study the Economic and Technical Analysis Group suggested that the price could be anywhere from $315 million to $1.2 billion. The ETAG study, which was highly favorable to PG&E, suggested that the most likely figure was around $795 million. The reason those figures are so widely divergent is that there are numerous ways of evaluating what a utility’s property is worth. The simplest is to establish what PG&E originally paid for the property, then factor in depreciation. That’s how insurance companies decide what they have to pay you if your car is stolen. The process generally leads to a low figure favorable to the city. But courts have recently been somewhat more friendly to an analysis that recognizes that utility property is more valuable than, say, a private car, because the utility property produces income. One way to address that is by valuing the property at its replacement cost and factoring in the value of a “going concern” – which, of course, leads to a much higher price. Real market value But there’s another way to look at the issue, and that involves going to the state agency that appraises the actual market value of PG&E’s property for tax purposes: the Board of Equalization. Every year the board’s appraisers evaluate exactly what PG&E’s property is worth – and the agency’s record is pretty good. When California’s private utilities sold 22 power plants under deregulation, the board checked its appraisals against actual market prices, and while sale prices for some plants varied from estimates, the board was accurate to within 1 percent overall, chief appraiser Harold Hale told us. The Board of Equalization estimated that as of January 2001, all of PG&E’s property in San Francisco was worth $962,140,298. That includes property that isn’t at all relevant to running an electric utility. The value of the property actually used in the electricity business, the board says, is $753,978,471. But that figure includes PG&E’s huge 77 Beale St. headquarters office complex, which the city almost certainly wouldn’t want or need to buy in an eminent domain action. If you subtract 77 Beale St. (which one real estate expert we contacted said was worth about $225 million as of Jan. 1), then the value of the property the city might actually buy is about $528 million. It may be even less than that: the real estate market has fallen almost 15 percent since Jan. 1, according to our expert, a senior executive at one of the city’s biggest firms, who asked not to be identified by name. However, to be conservative, we’re sticking with the Jan. 1 figure. Epstein, who has worked as a consultant fighting municipalization efforts and thus isn’t inclined to be biased in favor of a public buyout, agreed that using the Board of Equalization figures is “certainly a good place to start.” There’s no guarantee that the courts will accept this approach (although, with PG&E in bankruptcy court right now, it’s also entirely possible, experts say, that PG&E might be forced to accept a much lower value for its property and sell it without a fight, in order to pay off some creditors with cash). So we also analyzed a worst-case scenario, essentially accepting the figures of ETAG’s much maligned report and assuming that, under a replacement cost-<\d>plus-<\d>”going concern” analysis, the city would have to spend $795 million to take over the system. (Even ETAG concluded that it’s unlikely the final price would be as high as PG&E’s estimate; nobody whose property is up for seizure starts off by quoting a realistic price.) No matter what the price, the bond sale will have to include some money for contingencies – the actual cost of the bond sale, start-up cash, etc. We’ve added $50 million for those costs. Paying the staff, buying power PG&E doesn’t publicly reveal its operating costs for San Francisco (or any other specific service area). And it’s difficult to use the company’s system-<\h>wide operating costs as a basis for estimating San Francisco costs, since the population of San Francisco is so much denser than in most of the company’s northern California territory. The denser the population, the cheaper it is to serve; the distance between customers is smaller, so you need less transmission line per customer. Reading meters is faster, since the employee doing that work doesn’t have to drive long distances between each house. Repairs and maintenance are cheaper for the same reason. And PG&E’s costs aren’t a fair comparison for a public power agency anyway: PG&E pays huge executive salaries (see “Public Power vs. PG&E,” page 24), which are included in the operations overhead. So we based our cost estimate on LADWP, which is about as close a comparison to San Francisco as we could find. Los Angeles is not quite as dense as San Francisco, so the L.A. figures are almost certainly higher than what San Francisco would pay, but they provide a reasonable, if conservative, estimate. LADWP’s cost per customer is $383; multiplied by the number of customers in San Francisco, that cost is $131 million a year. Then there’s the question of generating or buying the electricity. Here San Francisco has a huge advantage over other public power agencies: The city owns a large hydro<\h>electric dam that can generate enough to cover some of the local power needs – and it’s already paid for. Power from the Hetch Hetchy dam is cheap: the cost of operating the system is only about 2¢ a kilowatt-<\h>hour. Unfortunately, the city also has to pay PG&E to ship the power over its lines to the city borders, since the city has no complete transmission line to carry the power here; San Francisco pays PG&E $9.6 million a year in what’s known as “wheeling fees.” San Francisco currently sells most of the available Hetch Hetchy power to the Turlock and Modesto Irrigation Districts. Our analysis assumes that those contracts will be broken and that much of the power – 425 million kilowatt-<\h>hours’ worth – will be available to the MUD or WPA. The city also has a very expensive contract with Calpine to provide backup energy when water is low at the dam. The wheeling fees and Calpine deal boost the actual cost of Hetch Hetchy power to about 4¢ a kilowatt-hour. But the Calpine deal ends in five years, at which point Hetch Hetchy power will be far less expensive – and the MUD’s costs will go down. Green power Our analysis is based on the assumption that San Francisco will move as rapidly as possible to reduce its reliance on fossil fuels (see “Green City,” 9/26/01). Not all of the alternative-<\h>energy sources that should ultimately be part of the city’s mix are likely to be online when the MUD starts operating, so we’ve again been conservative, assuming in our worst-case scenario only a modest amount of solar power to supplement Hetch Hetchy power. In our best-case scenario we assume that the city will be able to develop 200 megawatts of solar and wind power – five times as much as projected in the solar bond measure, Proposition B, and enough to power 200,000 homes. The cost of solar and wind is easy to determine: it’s the cost of the interest on the bonds needed to buy and install the windmills and panels. Once they’re up and running, they cost very little to operate – and the fuel, of course, is free. Based on the San Francisco Public Utilities Commission staff’s analysis of Prop. B), 40 megawatts of solar, wind, and efficiency programs – the equivalent of 98 million annual kilowatt-<\h>hours – will cost about $7.5 million a year. Our ambitious plan – for five times that much solar and wind power- would cost $38 million a year. (Again, the actual costs will probably be lower; once a big agency orders a large amount of solar- or wind-<\h>generating facilities, the price goes down substantially.) The rest of the power the city needs will have to be bought on the open market. Because the market is so volatile, it’s hard to say exactly what that cost would be. But futures contracts for power are listed on the New York Mercantile Exchange Web site, and they’re currently running at less than 4¢ a kilowatt-hour. That price is expected to decline in the future. Again, we’ve stuck to conservative numbers, assuming the MUD or WPA would have to pay 6.9¢ a kilowatt-<\h>hour for power generated locally, by Mirant Corp.’s Potrero Hill power plant (one energy expert told us that Mirant is unlikely to accept less than the 6.9¢ the state is now paying for power), and 5.5¢ a kilowatt-<\h>hour for power bought from out-of-town sources. We assumed that the Potrero plant would operate at its capacity. The power the city would import can’t exceed the amount that can be carried along the one transmission line leading into San Francisco, and our projection meets that criterion. PG&E pays a substantial amount of taxes to the city, and almost all of the San Francisco-<\d>Brisbane MUD Board candidates have pledged to make sure that, at the very least, the city’s General Fund doesn’t lose any money if the private utility is replaced with a public agency. So part of the MUD’s expense would be the payment of a fee to replace what PG&E paid in taxes. The utility pays three major taxes: property taxes, a franchise fee, and business taxes. Based on the Board of Equalization’s assessed value for PG&E ($962 million) and the city’s property tax rate, PG&E’s property taxes are about $1 million. The franchise fee – 1.5 percent of sales – adds another $8.4 million. It’s impossible to say how much PG&E pays San Francisco in business taxes, since that figure is not public, but even at several million dollars a year, it wouldn’t significantly change our bottom line. Unanswered questions There are plenty of questions our analysis doesn’t – and can’t – answer, factors that are impossible at this point to predict with any accuracy. PG&E customers, for example, have to pay a substantial surcharge on their electric bills for what’s known as the CTC, or competitive transition charge. In essence, that’s the money ratepayers have been forced to cough up to cover the cost of PG&E’s bad investments in nuclear power. It’s possible that a San Francisco power agency would have to include some of those charges in its bills – but according to Mindy Spatt, media director at TURN, it’s unlikely. The CTC is expected to end next year and probably wouldn’t be a factor by the time the MUD or WPA was up and running. It’s also unclear whether the MUD or WPA would have to pay a share of the costs of the expensive long-term power contracts that the state Department of Water Resources has signed to buy power for the bankrupt PG&E. There would almost certainly be some substantial legal fees, possibly in the millions of dollars, that would reduce the surplus during the first few years (but not once the eminent domain issues were settled). Most of the MUD candidates have voted to shut down PG&E’s Hunters Point plant, and it’s unclear how much it will cost to decommission that facility. The MUD or WPA could also buy the Potrero plant (it recently sold for $330 million) and pay less for the power generated there. And, of course, it’s uncertain how much electricity will cost on the open market in the next few years. That’s why the MUD or WPA would probably want to move aggressively to increase its own generating capacity. But if power prices go up, one thing is clear: PG&E’s prices will go up higher, and faster, than the prices of a public power agency. Voters won’t have to take our word alone on the subject. The public will have more information on San Francisco’s energy plans in the coming weeks. The county’s Local Agency Formation Commission is planning to bring in experts on public power and energy for hearings, and Smeloff is hiring Amory Lovins’s Rocky Mountain Institute to assess the city’s energy alternatives. Both reports are expected before the Nov. 6 election. Our analysis isn’t that radical or unusual; it just confirms the experience of every other major public power agency in the state. We’ve found what just about everyone who’s gotten out from under the private utilities already knows: public power is cheaper. It’s that simple. Public power in San Francisco: Best-case scenario (Low rates, extensive renewable energy) Revenue1 Residential sales 1.481 billion kwh @ 11.5¢ per kwh $170 million Commercial/industrial sales 3.942 billion kwh @ 9.5¢ per kwh $374 million TOTAL $544 million Expenses Payment on revenue bonds $578.9 million @ 8 percent2 $50.9 million Cost of power * <\i>Hetch Hetchy 425 million kwh @ 4¢ per kwh3 $17 million * <\i>Solar, wind, efficiencies 500 million kwh4 $38 million * <\i>Potrero Hill plant 1.6 billion kwh @ 6.9¢ per kwh $110 million * <\i>Contract purchases 2.90 billion kwh @ 5.5¢ per kwh5 $160 million Operations and maintenance6 $131 million Replace PG&E’s city taxes7 $9.4 million Public benefits8 $10 million TOTAL $526 million Surplus $18 million This chart shows how a San Francisco public power agency could take over Pacific Gas and Electric Co., reduce the city’s reliance on fossil fuels, provide all of the electricity the city needs, and still have money left over. The analysis would apply to either a municipal utility district or a city water and power agency. Proposals for both are on the November ballot. (The MUD proposal would include both San Francisco and Brisbane, but since Brisbane is a very small area – only about 4,000 residents – and since it’s difficult to get accurate data on Brisbane’s current usage, our numbers include only San Francisco. The cost of providing service to Brisbane and the revenue from that jurisdiction would not significantly change the analysis.) The scenario presented here is an optimistic one – although, based on our research, the figures are quite realistic. All of the figures we’ve used are conservative – if anything, our analysis underestimates the financial viability of the MUD or a city WPA. The bottom line: Even with residential rates 20 percent below what PG&E currently charges, and with a huge investment in solar and wind power (five times the size of what the city is currently planning), the MUD or WPA would run a large surplus. This study reflects what a MUD or WPA would be facing several years into its existence. In the first few years, the agency would probably have to buy more power on the open market and would generate less from solar and wind (which take time to set up). But on balance that probably lowers the cost of power (solar is comparatively expensive). There are certain to be factors that we missed – although our cost and revenue projections are very similar to what we found in the annual reports of other large public power agencies such as the Sacramento Municipal Utility District (SMUD) and the Los Angeles Department of Water and Power (LADWP). But we’ve accounted for every foreseeable big-ticket item, and the projected surplus is large enough to cover unexpected costs. 1Revenue is based on sales of 5.4 billion kilowatt-hours: the amount PG&E currently sells in San Francisco, according to the state Energy Commission. A MUD or WPA could set rates at any level it wanted; for this analysis, we set residential rates at 20 percent below PG&E’s current rate of 14¢ a kilowatt-hour rate (which is projected to rise sharply). We assumed that commercial and industrial rates would be at the low end of PG&E’s scale. 2This assumes the MUD or WPA can buy PG&E’s assets at current market value, as assessed by the state Board of Equalization as of Jan. 1, 2001 (see story for details). Ken Bruce of the Board of Supervisors’ Budget Analysts Office told the Bay Guardian that 8 percent would be a reasonable projection for the interest on revenue bonds. 3Hetch Hetchy currently generates about 1.7 billion kilowatt-hours a year, and half of that goes for city government needs – Muni, the lights at City Hall, etc. We assumed that the city would pay the MUD what it pays now – the actual cost of generating the power – so the power sold to the city would be a financial wash. Thus it’s not in our analysis as either a cost or a revenue item. The cost we project for Hetch Hetchy power is high – it includes unfavorable contracts that will expire in five years (see story). The actual future cost would be closer to 2¢ a kilowatt-hour. 4The cost of solar and wind is based on financial estimates for Prop. B. 5It’s impossible to determine exactly what it would cost the MUD or WPA to purchase power in the future, but future contracts currently listed on the New York Mercantile Exchange are going for less than 4¢ a kilowatt-hour, and that price is expected to drop. Again, we took a conservative estimate; actual costs might be lower. 6Based on the cost per customer of operations and maintenance at LADWP (see story). 7The MUD would have no obligation to pay city taxes, but almost all of the candidates for MUD director have pledged to make sure the city doesn’t lose money – in other words, the MUD would almost certainly pay fees equivalent to what PG&E was paying in taxes (see story). 8The state mandates that power companies or agencies spend 2 percent of revenues on “public benefits” – conservation, environmental programs, and the like. Public power in San Francisco: Worst-case scenario (Moderate rates, less renewable energy) Revenue Residential sales 1.481 billion kwh @ 12.6¢ per kwh1 $186 million Commercial/industrial sales 3.942 billion kwh @ 9.5¢ per kwh2 $374 million TOTAL $560 million Expenses Payment on revenue bonds $850 million @ 8 percent3 $74.4 million Cost of power * <\i>Hetch Hetchy 425 million kwh @ 4¢ per kwh $17 million (includes wheeling and backup)4 * <\i>Solar, wind, efficiencies 98 million kwh5 $7.5 million Purchased power6 * <\i>Potrero Hill plant 1.752 billion kwh @ 6.9¢ per kwh $120 million * <\i>Contract purchases 3.098 billion kwh @ 5.5¢ $170 million Operations and maintenance7 $131 million Replace PG&E’s city taxes8 $9.4 million Public benefits9 $10 million TOTAL $539 million Surplus $21 million This chart shows how a public power system in San Francisco would operate if some of the worst-case assumptions are true: if, for example, the municipal utility district or power agency had to spend $800 million to buy out PG&E’s system (the highest likely figure, even according to pro-PG&E studies) and if the MUD was unable to fund and site affordable renewable-energy systems and was thus forced to rely on buying a large amount of its power from the Potrero Hill plant (owned by Mirant Corporation) and from other generators through long-term contracts. Even under those circumstances, the chart shows, the MUD could cut residential rates by 10 percent, keep commercial and industrial rates at the low end of PG&E’s rates, and still end the year with a surplus. As in all of our calculations, the numbers are very conservative; expenses would probably be considerably lower. 1The MUD could set rates at any level it wanted; for this scenario, we’ve set residential rates at 10 percent below PG&E’s current rates. 2The commercial/industrial rate is at the low end of PG&E’s equivalent rate. 3See story for details on the $850 million figure. The bond rate of 8 percent is based on an estimate from Ken Bruce of the Board of Supervisors’ Budget Analyst’s Office. 4See story and “Public Power in San Francisco: Best-Case Scenario” for details. 5This is the amount of solar and wind power projected in the city’s report on the solar bond measure, Proposition B. 6See story and “Best-Case Scenario” for details. 7Based on comparable costs per customer at LADWP. 8See story. 9See story.

Weekly paper dies in Cleveland

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Curious deal creates alternative weekly monopoly

By Tim Redmond
I’m a little late on this, but it’s taken me a while to figure out the back story.

The parent company of the SF Weekly, which a few months ago sold off the East Bay Express, is shedding another money-losing paper — in the process, ending alternative weekly competition in Cleveland.

Village Voice Media will sell the Cleveland Scene to Times Shamrock, a chain that owns five other alternative weeklies. Times Shamrock is also buying the Cleveland Free Times, and will merge the two papers under the Scene name.

“It’s a sad day,” David Eden, former Free Times editor, told me. “This is a strong voice that being silenced.”
It’s also a curious new chapter in a six-year-old saga involving the nation’s largest alternative weekly chain, the U.S. Department of Justice and a scheme to wipe out competition in two markets.

The Scene was losing gobs of money, more than $1 million last year alone, according to documents filed in court as part of the Guardian’s lawsuit against VVM. The Free Times, owned by The Times-News of Erie Pennsylvania, was also struggling, publisher Matt Fabyan told me, “although we were much closer to stable.”

Still, there’s been talk of shutting the Free Times for months now: Back in December, 2007, Justice Department lawyers contacted Eden and asked him if he thought the Cleveland market was big enough for two competing alternative papers. “I told them it was,” Eden said.

Among the proposals on the table: VVM was interested in buying the paper and merging it with the Scene. But federal regulators wouldn’t allow it.

The reason: Back in 2003, the Justice Department and the attorneys general of California and Ohio filed suit against New Times, then the owner of the Scene, and VVM, which owned the Free Times. The two chains, which have since merged, had entered into a shady – and, it turns out, illegal – arrangement to create alt-weekly monopolies in Cleveland and Los Angeles. VVM agreed to shut its paper in Cleveland, and in exchange, New Times shut a paper in Los Angeles that was competing with the VVM-owned LA Weekly.

Justice forced the chains to sell the Free Times to a group of investors who vowed to keep it open and continue competition. The consent decree the chains signed bared them from taking any further anticompetitive actions in Cleveland or L.A.

But although VVM couldn’t create a monopoly, another newspaper outfit apparently can.

Fabyan said he had been in contact with the Times Shamrock people for some time, and that “I told them you really want to buy both papers. I don’t think this is a market big enough for two alternative weeklies.”

Eden was willing to try to save the Free Times: He said that he’d raised enough money to make a “substantial offer” for the paper: “I’m told that VVM had offered $450,000 for the Free Times,” he said. “We were close to that figure.” But his bid was turned down.

Don Farley, who runs the alt-weekly group at Times Shamrock, said he couldn’t comment on the details of the negotiations except to say that “we’ve been back and forth looking at the Free Times, and Scene became available as well.”

That was clearly part of the appeal: Running a paper that has no competition is typically more lucrative. “We can serve the community better this way,” said Fayan, who will be publisher of the Scene.

Andy Van De Voorde, executive associate editor at VVM, told me that his company didn’t see this as a three-way deal. “We sold our paper to Times Shamrock, and that’s our only role,” he said.

But he also confirmed that VVM had wanted to buy the Free Times and merge the two papers, but had run afoul of the Justice Department. “I’ll leave it to you to speculate on why we couldn’t do this deal, but Times Shamrock could,” he said.

Well, for one thing, Times Shamrock isn’t a previous offender, under a consent decree to stop trying to monopolize markets. But I’m also curious why Justice is allowing this to happen.

I’ve been trying to get a comment out of the Justice Department since Friday. The PR people keep telling me they’ll get back to me. I’ll let you know if I hear anything.

Towards Carfree Cities: Wrapup

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carfree.jpg
Bay Guardian City Editor Steven T. Jones covered Towards Carfree Cities, an international conference held last week in Portland (the first time it was in the U.S.), and wrote the following reports.

Video of Portland’s first Ciclovia-style street closure, Sunday Parkways, from www.streetfilms.org

What is carfree? — A look at the concept behind the conference

“We’re not doing enough” — A clarion call for U.S. cities to join an international movement

Everybody into the streets! — Portland created a carfree Ciclovia, just like San Francisco plans to do in August

From geeks to freaks, a look at Portland bicycle culture — The movement in motion

Depaving Day — Transforming urban spaces from asphalt to soil

San Franciscans in the house — Local thinkers played a big role at the conference

Treasure Island as case study — Could we build a model carfree project just off the San Francisco shoreline?

Spreading the word — Streetsblog and other media innovators make the carfree case

Aboard a Portland-bound train — Riding the rails with the San Francisco contingent