News

Non grata in Venezuela

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By Bruce B. Brugmann

Well, I’m non grata in the Venezuela of Hugo Chavez and so are hundreds of other members of the InterAmerican Press Association (IAPA), a hemispheric free press organization based in Miami.

I’m off early tomorrow morning, Nov.17, as a member of an IAPA delegation visiting Venezuela to try to put some pressure on Chavez and his accelerating crackdown on press freedom.

Earl Maucker, IAPA’s president and editor and senior vice president of the South Florida Sun-Sentinel in Ft. Lauderdale, put it this way, “Once again we are here in Venezuela to demonstrate our solidarity with journalists and news media at a time when they are facing difficulties in carrying out their daily task of providing information to the Venezuelan people and to request that in the constitutional reform process absolute guarantees be given that freedom of the press will exist in full.”

This will be the l0th time during the Chavez administration that IAPA officers are visiting Caracas.
IAPA has stated that over the past six months, the Chavez government has committed more “transgressions: against the press than has any other country in the Western Hemisphere.

Chavez has countered by saying he does not recognize the legitimacy of IAPA. He declared the organization invalid through Parliament. The National Assembly declared that IAPA “feeds lies and misinformation in the media” and has declared the members “non grata,” according to Reuters. IAPA is so “non grata” to Chavez that his administration is making it difficult for IAPA to hold its March assembly in Venezuela, which has been scheduled for two years.
Three hotels in three different Venezuelan cities first accepted, then mysteriously canceled, IAPA’s reservations for its mid year meeting. The first two hotels told IAPA that they had no vacancies. The third hotel said it would provide rooms, but that the group could not use its conference facilities.

The delegation will try to meet with Chavez and is scheduled to meet with government officials, members of civil society, and individual journalists and representatives of the news media.

We will wind up our mission with a press conference on Tuesday, Nov. 20. I’ll keep you posted. B3

All Barry, all the time

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Yes, this is news. The guy who broke the all-time home run record has been indicted. It even belongs on page one of the local paper. But is it the most important thing happening in the world right now, worth two-thrids of the entire Chronicle front page, the top six or seven minutes of the evening newscasts and all the talk shows?

No, it’s not. I have to agree with Dave Zirin: This is a silly indictment and a distraction from the real issues of the world.

I almost (almost) feel sorry for Barry Bonds. Think about his dilemma here: He goes before a grand jury, and is promised that if he tells the truth, he will never be prosecuted for it — and anything he says will remain totally secret. But Bonds knows better; there’s no way his testimony will remain confidential. Whatever he says is going to leak out (guess what — it did), and if he admits anything, his career is over.

Of course, if he hedges, then he can be indicted for perjury (if the U.S. Attorney’s Office has nothing better to do, which it apparently doesn’t).

I heard somone ask on Forum this morning why Bonds just didn’t tell the truth to the grand jury. That assumes, of course, that he’s guilty, that he actually lied, and I have no way of knowing that. But let’s, for the purpose of argument, say he did lie. Why? Perhaps because he didn’t trust the grand jury process. That’s a reasonable point of view that later events totally vindicated.

Does that justify lying under oath? Of course not. But I can understand what he must have been thinking.

Behind the Bey empire

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Editor’s Note: The Chauncey Bailey Project, a collaboration of local media outlets including the Guardian, is investigating the circumstances surrounding the Aug. 2 murder of Bailey, an Oakland journalist who was reporting on the financial dealings of the Bey family’s Your Black Muslim Bakery at the time he was killed. For more information, including audio, video, and updates on the case, click here.

Since 2003, Esperanza Johnson, a former key figure within Oakland’s Bey organization, and her husband, Antron Thurman, have acquired nearly $2 million worth of East Bay real estate through a string of controversial deals tainted with allegations of deceit.

In five cases those deals led to litigation. Johnson, of Antioch, who also goes by the name Noor Jehan Bey, has twice been accused of fraud. Court records indicate that one of those transactions involved falsified documents.

One sale involving Johnson, a licensed real estate broker, led to criminal charges: Alameda County prosecutors in 2006 convicted a Johnson associate on fraud charges stemming from a deal that cost an East Oakland couple their home.

A broad array of characters have tangled with Johnson and Thurman in court, including a disabled Berkeley bus porter forced from his family home, an Antioch couple now facing foreclosure, and East Bay Habitat for Humanity, a nonprofit organization that builds homes for the poor and struggling. Combined, they claim to have lost at least $1.77 million in property, cash and equity in the deals.

The revelations about Johnson and Thurman come as authorities scrutinize the extensive real estate dealings of the Bey family and their bankrupt business, Your Black Muslim Bakery, including Johnson’s role as the broker for an Oakland woman named Paulette Arbuckle who is attempting to buy the bakery’s San Pablo Avenue headquarters. Johnson bore four of the Bey family patriarch’s dozens of children.

Bakery CEO Yusuf Ali Bey IV, 21, jailed without bail on kidnapping and torture charges, also is charged with real estate fraud: prosecutors say he bought an Oakland property under a false identity.

And bankruptcy trustee Tevis Thompson, who is overseeing the liquidation of Your Black Muslim Bakery’s assets, has claimed in court papers that Bey IV transferred $2.28 million in bakery properties to his mother, Daulet Bey, in a bid to “defraud creditors.” The trustee has sued for those properties’ return.

Devaughndre Broussard, a 20-year-old bakery associate, is charged with the Aug. 2 shotgun slaying of Oakland Post Editor Chauncey Bailey as he walked to work in downtown Oakland. Police say Broussard made a confession – later recanted – that he killed Bailey because the journalist was working on a story about the bakery’s finances and bankruptcy case.

Johnson, whose state business registration was suspended more than a year ago for failure to pay taxes and who with Thurman has more than $1 million in state and federal tax liens recorded against them, didn’t return numerous telephone calls and emails, and didn’t answer the gate at her Antioch home on two recent occasions.

Thurman refused to speak to reporters who approached him recently in Oakland.

A Los Angeles real estate consultant who reviewed Johnson’s transactions for the Chauncey Bailey Project said the trustee and judge handling the bakery’s bankruptcy should examine Johnson’s record.

They “should be made aware that a realtor on a transaction which requires the trustee’s approval has a murky… background,” said Eric Forster.

The attorney for the court appointed bankruptcy trustee charged with liquidating the bakery said Johnson’s transaction history would be probed.

“Obviously it is of some concern to us and we’re looking into it,” Eric Nyberg, attorney for trustee Tevis Thompson, said when informed of the cases.

He also noted that Arbuckle may not, in the end, be the highest bidder for the bakery. A hearing on her offer is scheduled for Nov. 29. If the $899,999 bid of Johnson’s client, Arbuckle, is successful and Johnson is “entitled to receive the commission, then we really don’t have an issue with it,” Nyberg said.

A spokesperson for the state Department of Real Estate, Tom Pool, wouldn’t discuss the Johnson and Thurman transactions.

Machado

Markus Machado and Gail Mateo said that when they wanted to buy a newer and bigger home in 2005, they went to a real estate broker they thought they could trust: Esperanza Johnson.

A Compton native, Johnson became involved with the Bey organization, a spin-off of the Nation of Islam, at the age of 12, taking the name Noor Jehan Bey.

She’s returned to using the name Esperanza Johnson, though she’s been listed in judgments against her by banks and credit-card companies as Nellie Bey, Nuri Bey, Noojean Bey and Noor Jehan Esperanza, a review of records by the Chauncey Bailey Project shows. And, in 2005 testimony, she said she still occasionally uses the name Noor Jehan Bey.

Johnson had hired Machado, a graphic artist, to create flyers for her Signature One Mortgage and Real Estate.

In a recent interview at his lawyer’s office, Machado described her as warm and gregarious – at first, anyway. Machado said Johnson arranged what seemed like an incredible deal: the couple could sell their 50-year-old Pittsburg house and move into a spacious four-bedroom home in a verdant Antioch subdivision, an ideal place to raise their three children and grow old together.

Johnson promised they’d pay about $1,600 a month for the new home, only a little more than their mortgage at the time. Machado said Johnson even agreed to forgo her usual commissions “because we were like family.”

They said Johnson had told them their credit was poor, and talked them into selling their Pittsburg house to one of her employees, Araceli Moreno, for $350,000 while putting the new home and mortgage in Moreno’s name as well. They expected to refinance the loan in about a year, when Moreno would sign the house over to them.

It seemed perfect – until the bills arrived.

The payments were $2,700 a month and soon ballooned higher, they now say in court records. And then Johnson – who in sealing the deal had diverted almost $58,000 of equity from their old home to others, and had won large commissions for herself by getting them an unfavorable mortgage – stopped taking their calls, Machado said as his wife sat next to him weeping.

The couple had trouble making the payments almost immediately and Moreno began receiving calls from the mortgage company. She sued Machado and Mateo last year.

“The point of (Moreno’s) lawsuit was to get them to refinance to get my client’s name off the loan and for her to go ahead and salvage what of her credit picture she could,” said Moreno’s attorney, Richard G. Hyppa of Tracy.

The couple counter-sued in November 2006, naming Moreno and Johnson as defendants, claiming that Johnson defrauded them. They are now months behind on the payments and stressed to exhaustion.

“I don’t sleep. Gail doesn’t sleep,” Machado said. “I was very naive. We were led down this primrose path because I trusted (Johnson) implicitly.”

After paying off what they owed on the Pittsburg house, about $190,000 was left over that should have been used for the down payment on the Antioch house. But the suit alleges that Moreno used only $77,973 toward the down payment.

Meanwhile, court records say Johnson arranged for another $10,000 to be paid out to Moreno, and for someone named Harry Hawkins to get $45,830 as “repayment of loans.” Machado’s lawyer, Ken Koenen, said attempts to locate Hawkins have been fruitless.

The suit also claims Johnson structured the Antioch mortgage so monthly payments would increase dramatically after a year, and so Machado and Mateo would have to pay an $18,000 penalty in order to refinance – thereby earning her a much larger commission.

Machado and Mateo now are several months in arrears on the mortgage in Moreno’s name. Default notices have arrived at the house.

“It’s an extremely painful thing,” Machado said. “We have been robbed of our peace of mind. We have to make decisions about whether to put food in the refrigerator or gas in the car. We’ve not even sure we’re going to have a place to live.”

Johnson hasn’t responded to the couple’s lawsuit and will likely be subject to a default judgment, Koenen said.

Chicago D&P
Johnson and Thurman in 2004 acquired a Hercules home after a federal judge had ordered it frozen as an asset of an investment company, Chicago D&P, that the U.S. Securities and Exchange Commission had accused of fraud.
The property was supposed to be sold to help pay back investors – reportedly including at least 30 active-duty Marines and several churches – which had been cheated out of millions through Chicago D&P’s pyramid schemes.
The daughter of the company’s president had bought the property years earlier using a straw purchaser – a friend with better credit – as a front, according to court records.
That friend had been trying to get her name off the title for some time, and the daughter’s attorney – Githaiga Ramsey, who also worked for Thurman and Johnson on another case – persuaded her to sign the house over to them. Records shows Ramsey offered the friend $20,500 to complete the transaction but that the payment was never made.
The transfer of the house occurred after U.S. District Court Judge Charles Breyer ordered the property frozen. Thurman then turned around and sold it a month later to one of the employees of his bail bond business, Jamie Bonilla, for $460,000. Johnson filed Bonilla’s loan application.
Most of that money appears to have eventually gone to pay mortgages against the property when Thurman and Johnson acquired it for free. But first, Thurman received $60,213 from the deal’s escrow; and Ramsey got $31,000.
It remains unclear who lived in the house after Bonilla bought it.
Stephen Anderson, the receiver representing Chicago D&P’s bilked investors, wrote in April 2005 that he believed Johnson’s daughter, Nisa Bey, had lived there.
Other documents show Madeeah Bey – another mother to several of patriarch Yusuf Bey’s children – used it as her mailing address in two December 2004 real estate deals.
It’s also unclear whether Thurman and Johnson knew of the court order freezing the house when they took possession of it. But in February 2005 Breyer held Ramsey in contempt of court for defying his order.
Ramsey and Thurman both repaid the money they received from the escrow when Thurman sold the house to Bonilla.
Bonilla, within a few months, then sold the house for $625,000 – a profit of $211,690 from a property that the receiver had originally wanted to sell to help repay the defrauded investors.
Anderson said a long legal battle to regain title to the house would’ve been too costly.
“We made an economic decision,” he said. “The objective of the receiver is to return as much money as possible back to the investors, and it was not difficult to determine we were going to get more money” by taking the $91,000 from Thurman and Ramsey than by “trying to unscramble that whole mess.”
Ramsey, who surrendered his law license while facing disciplinary charges from an unrelated case, wouldn’t discuss this case or others in which he was involved with Johnson and Thurman.
“My God, am I never going to get away from this?” he said. “I’m not involved and I don’t want to be. I’m not in contact with these people anymore.”
Bonilla could not be located.
Habitat for Humanity house
Antron Thurman married a woman named Sharon Clements in December 1987. Records show they separated seven months later and eventually filed for a divorce that was never made final.

In early 2000, Clements, as a single mother, moved into a home on 105th Avenue in Oakland built by the low-income housing nonprofit East Bay Habitat for Humanity. It gave Clements a no-interest $112,000 loan with no down payment.

Clements died in April 2003, leaving no will. Usually either there’s a clear legal inheritance, or else the nonprofit passes the deed to someone qualified for low-income aid, executive director Janice Jensen said. But Clements’ son was still a minor.

Clements’ home stood vacant for three years while her estate was sorted out in Alameda County Probate Court.

Then, in mid-2006, Thurman argued he was entitled to the low-income property as Clements’ surviving spouse, records show – even as he listed his address as Johnson’s Antioch home, and other records showed that in the previous few years he had bought and sold in excess of $1 million in East Bay real estate.

“Frankly, I didn’t even know about Mr. Thurman,” Habitat’s Jensen said. “I had no idea who he was or that he even existed until the attorneys got involved. When we looked at the deed, she was the only signature, so she bought that home herself.”

Still, Alameda County Superior Court Judge Marshall L. Whitley awarded Thurman the house, which had restrictions in place to preserve its affordability for low income people.

Thurman then sold it back to Habitat for Humanity for the $13,500 in equity that had accrued during the three years Clements owned it.

Alana Conner, an attorney for Thurman at the time, said she couldn’t independently recall details of the case and declined to discuss it.

Stewart

Mitzie Peters befriended Brandy Stewart in 2001, studying the Bible with her eventual victim, court records say.

Peters persuaded the cash-strapped AC Transit bus driver to deed the home at 1565 77th Ave. – which Stewart had inherited from her mother, and in which she, her husband and her three children lived – into Peters name and use Peters’ credit to get an equity loan. Peters promised to return the deed after a few days, keeping $12,000 from the loan as a fee.

“She said that because she loved me so much, she would never, ever think about doing this for anyone else, but she would help me to get the house refinanced,” Stewart would later testify.

Stewart deeded the house to Peters on March 11, 2003. But rather than sticking to the deal, Peters drained the property of all equity and gave nothing to Stewart, court records show.

Peters couldn’t have conducted the transaction without Johnson and her family.

As Peters’ broker, Johnson submitted a series of loan applications reporting Peters’ income as increasingly higher until the bank accepted the deal; she also allegedly coached Stewart in writing to the title company and falsely claiming Peters was her cousin.

Johnson’s sister, Ruquayya Jasmine Pennix, prepared Peters’ tax returns to send to the loan company, showing self-employment income that Peters later admitted was bogus; it’s unclear if Pennix knew that at the time.

Another of Johnson’s sisters – Fatima Ismail, who worked in Johnson’s office – drew up a phony lease showing Peters had derived rental income from Stewart’s house, according to court records.

Three months after she took title to Stewart’s house, Peters sold it to one of Johnson’s sons, Amir Bey. Under oath, Amir Bey later admitted he was just a straw buyer for his mother.

When arrested and charged with unrelated public benefits fraud, perjury and grand theft in July 2004, Peters made bail with Thurman’s Sinbad’s Bail Bonds.

As investigators also began probing her real estate activities, Peters gifted her Hayward condo to Johnson’s daughter, Nisa Bey, who sold it a month later for about $400,000.

Peters then lived with Nisa Bey in Pittsburg until going to prison. Because her bail had been secured with the condo, Thurman later asked a judge to exonerate the bail and return more than $50,000 – to Nisa Bey.

The Alameda County District Attorney’s office interviewed Johnson, Thurman, and their attorney, Githaiga Ramsey – who had represented Peters until just two months earlier, and who had just arranged the Chicago D&P deal for them – in September 2004.

“Johnson seemed evasive when questioned about irregularities in the loan and application process,” inspector Paul Wallace wrote in court papers.

But Johnson wasn’t charged.

“We didn’t think we could prove the case against her beyond a reasonable doubt,” Deputy District Attorney Alyce Sandbach said. “We didn’t have enough to make her on a case of fraud… of having made knowing misrepresentations.”

Among additional charges filed against Peters in November 2004 was a felony grand-theft count for equity and title to the Stewarts’ home; she pleaded no contest to that and 15 other, unrelated counts a year later, and was sentenced in February 2006.

The Stewarts got the $50,374.10 bail money Thurman had tried to direct to Nisa Bey. A judge in January ordered Peters to pay $486,083.90 in the Stewarts’ civil lawsuit, but they haven’t seen a dime, their lawyers say.

Amir Bey and Johnson tried to evict the Stewarts, court documents show, but backed off when the couple obtained free legal help.

The Stewarts then sued Johnson, Peters and Amir Bey; Johnson eventually offered to deed the house back to Stewart, but with the equity drained, the Stewarts couldn’t afford the higher mortgage payments.

A judge in September 2006 ordered Johnson and Amir Bey to pay the Stewarts $100,000 – $20,000 up front and $1,667 per month for 48 months.

Rebecca Saelao, the Stewarts’ attorney, said this civil judgment became a lien on the house, and was subordinated to massive mortgages Johnson and Amir Bey had taken on the property and eventually defaulted on. The house was sold at auction last year for $80,900, public records show.

The Stewarts got only about $5,000 from the sale of the home they’d lost. They no longer live in the Bay Area, and couldn’t be reached for comment.

Taylor

Wrapped in a thin, sea-green blanket, Donald Taylor lay in a narrow bed at a Stockton nursing home recently, his frail 61-year-old body ravaged by diabetes and hypertension. His wheelchair was parked at his bedside, a walker he wants to learn to use, a few feet away.

Taylor is broke and relies on Medi-Cal, the state insurance program for the indigent, to bankroll his care and board at the Elm Haven Care Center.

His room is dingy and, fluorescent-lit with peeling blue wallpaper and a television, foil wrapped around its rabbit-ear antennae, issuing forth static-filled sound. He spends his days “just doing nothing.”

He said he wonders what his life might be like now if he never encountered Antron Thurman. “I think about it quite often, but there’s nothing I can do… I think about how they took the house from me,” Taylor said haltingly in a soft, gravelly voice that contained little emotion.

In the 1950s Taylor’s parents bought a cozy two-bedroom home on a tree-shaded street in north Berkeley. He grew up there and lived there still as an adult, while working as a bus-station porter. When his parents died, he and his sister, Loretta Alexander, inherited the house; the mortgage was paid off.

In early 2001, according to interviews and court documents, stepbrother Frederick Myers Jr., approached the siblings with a plan: He would help them form a company to manage the house and another property they had inherited, an undeveloped Lake County parcel.

Myers asked them to transfer the two deeds to the new corporation, which he would helm for them. Taylor said he agreed at his sister’s urging, believing the three of them could profit from development of the Lake County parcel.

But Myers suddenly sold the Berkeley house to Thurman, pocketed hundreds of thousands of dollars and disappeared, court documents say, catching Taylor and Alexander completely off guard.

“I felt I had been cheated,” Taylor said, adding that he believes Thurman and Myers worked in concert. “Fred Jr. took the house and sold it to (Thurman) and it’s been downhill ever since. He sold it out from underneath us.”

Myers could not be located. Thurman, asked if he remembered Taylor, refused to answer as he climbed into a Cadillac Escalade outside a home in the Oakland hills.

Alexander’s son, Tony Cole, expressed disgust at the way his mother and uncle were played. “That property slipped right out from underneath them,” he said in a phone interview. “They didn’t have the business sense to know what was going on.”

Taylor and Alexander in 2004 sued to reclaim the house. Myers never appeared in court, but Thurman – represented by Githaiga Ramsey – responded by filing his own suit, claiming he had legitimately bought the property for $374,388 and demanding that Taylor pay $1,500 in monthly rent or get out.

Taylor and Alexander eventually settled the case for $55,000; it took Thurman 10 months to pay them, court records indicate. Taylor’s attorney, Frederic Harvey, refused to discuss the case.

The two-story, beige stucco house with a large garage has steadily appreciated in value. Public records show Thurman sold it in 2004 to Madeeah Bey – the same relative who used the Chicago D&P house in Hercules as her address – for $520,000; she sold it for $850,000 less than a year later. The house is now assessed at $867,000.

Alexander died last year. Taylor lost most of his possessions including photos of his mother when he left the property.

“I’d like to tell him to go (screw) himself,” Taylor said of Thurman, his legs twitching quietly under the blanket.

University of California Berkeley Graduate School of Journalism students Lisa Pickoff-White, Robert Lewis, Nick Kusnetz, Vianna Risa Davila, Marnette Federis and Lucie Schwartz contributed to this story.

Thomas Peele and Josh Richman are staff writers for the Bay Area News Group; A.C. Thompson is a free-lance reporter working for New America Media and Bay Area News Group-East Bay; Bob Butler is a freelance reporter and president of the Bay Area Black Journalists Association.

Fisher fails

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› news@sfbg.com

The crowd at El Rio, the Mission Street dive bar, was reaching capacity election night when Sup. Aaron Peskin climbed onto an unstable bar stool to announce a political victory that had been very much in doubt just a few weeks earlier.

“They said it could not be done. We drove a Hummer over Don Fisher!” Peskin said, referring to the Republican billionaire and downtown power broker who funded the fight against progressives in this election, as he has done repeatedly over the years.

Indeed, the big story of this election was the improbable triumph of environmentalists over car culture and grassroots activism over downtown’s money. The battleground was Muni reform measure Proposition A, which won handily, and the pro-parking Proposition H, which went down to resounding defeat.

It was, in some ways, exactly the sort of broad-based coalition building and community organizing that the progressives will need to help set the city’s agenda going into a year when control of the Board of Supervisors is up for grabs.

“I just felt it at El Rio — wow, people were jazzed,” said campaign consultant Jim Stearns, who directed the Yes on A–No on H campaign. “We brought in new energy and new people who will be the foot soldiers and field managers for the progressive supervisorial candidates in 2008.”

Maintaining the momentum won’t be simple: many of the people in El Rio that night will be on opposite sides next June, when Assemblymember Mark Leno challenges incumbent state senator Carole Migden, and they’ll have to put aside their differences just a few months later.

Downtown, while soundly defeated this time around, isn’t going to give up. And some parts of the winning coalition — Sup. Sean Elsbernd, for example, who helped with west-side voters, and the San Francisco Planning and Urban Research Association (SPUR), which helped bring more moderate voters into the fold — probably aren’t going to be on the progressive side in Nov. 2008.

But there’s no doubt the Yes on A–No on H campaign was a watershed moment. “I’ve never seen this kind of coalition between labor and environmentalists in the city,” Robert Haaland, a union activist who ran the field campaign, told us. “New relationships were built.”

During his victory speech, Peskin singled out the labor movement for high praise: “This would not have happened if it were not for our incredible brothers and sisters in the house of labor.” He also thanked the San Francisco Bicycle Coalition and environmental groups — and agreed that the labor-environmental alliance was significant and unique. “This is the first time in the seven years that I’ve been on the Board of Supervisors where I have seen a true coalition between labor and the environmentalists,” he said.

It’s not clear what we can expect in 2008 from Mayor Gavin Newsom, whom the latest results show finishing with more than 70 percent of the vote, better than some of his own consultants predicted. Newsom endorsed Yes on A–No on H, but he did nothing to support those stands, instead focusing on defeating Question Time proposition E, which narrowly failed.

Will Newsom continue to pay fealty to the biggest losers of this election, the San Francisco Chamber of Commerce and Fisher, who funded No on A–Yes on H and became this year’s antienvironmentalism poster child?

Or will Newsom — who has said little of substance about his plans for 2008 — step to the front of the transit-first parade and try to drive a wedge in the labor-environmentalist-progressive coalition that achieved this election’s biggest come-from-behind victory?

 

MONEY AND PEOPLE

The Yes on A–No on H campaign was a striking combination of good ground work by volunteers committed to alternative transportation and solid fundraising that allowed for many mailers and a sophisticated voter identification, outreach, and turnout effort.

“We worked the Muni a lot in the last days, particularly in areas where we thought there were a lot of young people,” Stearns said.

Polls commissioned by the Yes on A–No on H campaign showed that Prop. H, which would have deregulated parking and attracted more cars downtown, was winning by 54–39 percent as of Aug. 30. By Oct. 25 that lead had narrowed to 40–41 percent, a trend that gave the campaign hope that a big final push would produce a solid margin of victory, particularly given that more detailed polling questions showed support dropped fast once voters were educated on the real potential impacts of the measure.

Prop. A was much closer throughout the race, particularly given that both daily newspapers and left-leaning Sups. Gerardo Sandoval and Jake McGoldrick opposed it and even the Green Party couldn’t reach consensus on an endorsement.

“This could have meant a lot of arrows from a lot of directions,” Stearns said.

Campaign leaders Peskin, Haaland, and Stearns were so worried about Prop. A being defeated — and about not having the money for a big final telephone canvas in the final days — that they decided to make last-minute appeals for money.

“I’ve been a nervous wreck about this,” Haaland said of the campaign on election night.

On the evening of Nov. 3, he placed an anxious call to Peskin, suggesting that the latter make an appeal for money to Clint Reilly, a real estate investor who has often helped fund progressive efforts.

Peskin agreed and asked Stearns to help him make the pitch — and the two men drove to Reilly’s Seacliff home at 10 p.m. on Nov. 3.

“Prop. A just struck me as a nice, decent, positive message,” Reilly told the Guardian at the election night party, which he attended with his wife, Janet Reilly, a former State Assembly candidate.

Sharing Peskin and the campaign’s concerns that Prop. A was in trouble, Reilly cut a check for $15,000, which was enough to keep the phone banks going and help give the measure a narrow margin of victory.

But the money alone wasn’t enough for this mostly volunteer-run campaign.

“The push we made on the last five days of this campaign was just incredible,” campaign manager Natasha Marsh told us. “We had close to 500 volunteers on that last four days.”

 

A DIFFERENT CITY

The campaign also developed an extensive list of potentially supportive absentee voters — fully half of them Chinese speaking — who were then contacted with targeted messages.

Rosa Vong-Chie, who coordinated the voter outreach effort, said the messages about climate change, clean air, and Fisher’s involvement worked well with English-language voters. Chinese speakers didn’t care as much about Fisher, so campaign workers talked to them about improving Muni service.

The absentee-voter drive (and the push among Chinese-language voters) was unusual for a progressive campaign — and the fact that Prop. A did so well among typically conservative absentee voters was a testament to the effort’s effectiveness.

Elsbernd, one of the most conservative members of the Board of Supervisors, crossed many of his political allies to support the Yes on A–No on H campaign, and his involvement helped win over west-side voters and demonstrated that environmentalism and support for transit shouldn’t be just progressive positions.

“It’s great for public transit riders. It reinforces that this is a transit-first city…. Public transit is not an east-side issue,” Elsbernd told us, adding that the election was also a victory for political honesty. “It shows that people saw through the campaign rhetoric.”

The Fisher-funded rhetoric relied on simplistic appeals to drivers’ desire for more parking and used deceptive antigovernment appeals, trying to capitalize on what he clearly thought was widespread disdain for the Board of Supervisors.

“The attacks against the board didn’t work,” Peskin said, noting that in election after election the supervisors have shown that they “have much longer coattails than the chief executive of San Francisco.”

“I think it’s a pretty thorough rejection of Don Fisher’s agenda. He was not able to fool the voters,” said Tom Radulovich, director of Livable City and a BART director, who was active in the campaign. “This was about transit and what’s best for downtown. We should be very proud as a city.”

 

NOW WHAT?

The day after the El Rio party, at the monthly Car Free Happy Hour — a gathering of alternative-transportation activists and planners — there was excited talk of the previous night’s electoral triumph, but it quickly turned to the question of what’s next.

After all, progressives proved they could win in a low-turnout election against a poll-tested, attractive-sounding, and well-funded campaign. And given that the number of signatures needed to qualify an initiative for the ballot is a percentage of the voters in the last mayor’s race, it suddenly seems easy to meet that standard.

Some of the ideas floated by the group include banning cars on a portion of Market Street, having voters endorse bus rapid-transit plans and other mechanisms for moving transit quicker, levying taxes on parking and other auto-related activities to better fund Muni, and exempting bike, transit, and pedestrian projects from detailed and costly environmental studies (known as level of service, or LOS, reform to transportation planners).

“There’s a lot of potential to move this forward,” Haaland said later. “We can talk about creating a real transit-justice coalition.”

There’s also a downside to the low turnout: downtown can more easily place measures on the ballot or launch recall drives against sitting supervisors, which would force progressives to spend time and money playing defense.

But overall, for an election that could have been a total train wreck for progressives, the high-profile victory and the new coalitions suggest that the movement is alive and well, despite Newsom’s reelection.

This oil spill — and the next

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EDITORIAL The first headline the San Francisco Chronicle ran after the Cosco Busan crashed into a Bay Bridge protective fender Nov. 7 implied that nothing terrible had happened. It read, almost comically, "CRUNCH!" Initial reports suggested that only a few hundred gallons of fuel oil had spilled from the gash in the 810-foot freighter’s hull. Caltrans assured the public that the system had worked: the fender had absorbed the blow, the bridge had suffered no damage, and motorists had no cause for concern.

It wasn’t until much later in the day that the public learned just how big an ecological disaster was unfolding in the bay. And the most disturbing evidence is only now becoming clear: this was an accident waiting to happen. The regulations and processes in place to prevent a catastrophic oil spill in the bay — where thousands of ships with tanks carrying foul and toxic fuel oil sail through a fragile ecosystem every year — were, and are, tragically inadequate.

Just look at the record so far:

The Coast Guard’s Vehicle Traffic Service on Yerba Buena Island, which has extensive radar and electronic tracking devices, was clearly aware that the container ship was heading for a collision — but was unable to stop it.

The fog was thick, and the ship, which had just made a wide S turn out of the Port of Oakland, was far from the center of the 1,200-foot-wide channel under the bridge. The Coast Guard could hardly have missed what was going on.

In fact, according to news reports, a VTS staffer radioed the bar pilot at the helm of the ship minutes before the crash and warned him that he was on an errant course. "Your [compass] heading is 235. What are your intentions?" the VTS staffer asked (essentially saying, in nautical-radio speak, "What the hell are you doing?"). The pilot, John Cota, insisted he was heading right for the center of the span and not to worry, his lawyer told reporters.

Imagine, for a moment, what would happen if air traffic controllers at San Francisco International Airport saw a commercial jet flying off course in zero-visibility fog and heading for the top of San Bruno Mountain. The controllers wouldn’t ask the captain what his intentions were; they would announce an imminent crash and order him to immediately increase altitude, change course … whatever was necessary. The captain wouldn’t argue that his or her instruments said everything was fine; the airliner would change course at once and sort out the question of instrument accuracy after it was out of harm’s way.

But traffic regulators on the bay operate under different rules. Even a minor course change would have prevented the accident — but according to VTS rules posted on the Web, the Coast Guard has no authority (other than in times of national-security alerts) to directly order preventative action. Under centuries-old rules of the sea, the captain of a ship is in total control and can’t be told what to do, even if a disaster is looming — and modern safety regulations haven’t caught up to that tradition.

The ship was sailing under terrible conditions, with almost zero visibility, and even some bay captains say running a 70,000-ton vessel in an area like this in fog that thick is a bad idea. But the shipping companies have so much money on the line that nobody wants to slow down the schedules.

It’s no secret where the fuel tanks are in a ship like this. The moment the ship took a gash that size in the hull, the authorities should have assumed that a sizable and extremely dangerous spill was in the works and begun immediate emergency containment procedures. But somehow just about everyone seemed to believe the initial reports that the crew of the ship had transferred the fuel away from the hole and only a trivial amount had escaped.

Remember, we’re talking about a rip of 100 feet, one-eighth the length of the ship, right in the part of the hull where half a million gallons of nasty bunker fuel were stored. Emergency responders should have known a spill was inevitable and gone into action right away.

Yet hours passed. No public warning was issued. Bay swimmers continued to take their morning natations — and some came back covered with oil. Nobody knew what was going on.

The day after the spill, when it was clear an ecological disaster was happening in the bay, San Francisco mayor Gavin Newsom split town and went on vacation.

So far, the taxpayers are picking up the tab for the cleanup — and in the end, it may prove difficult to get the owner of the ship to pay, even if faulty navigation equipment on the Cosco Busan was at least partly the cause of the spill. The companies that own these big ships use layers of dummy corporations, legal tricks, and secretive contracts to protect them from liability. In this case, the Chronicle has reported, the Cosco Busan is a Chinese vessel owned by either a company in Cyprus or one in Hong Kong and managed by a separate Hong Kong outfit. It’s going to take years to get to the bottom of who should pay for this mess.

Meanwhile, the crab-fishing industry is out of business, and the economic impact will be dramatic.

There are obvious lessons here — and the first is that the public and all of the regulatory and response agencies at every level of government have to stop taking a nonchalant, hands-off attitude toward the ships that represent an ecological time bomb in the bay.

Shipping is part of the lifeblood of the local economy, and everyone who lives in the Bay Area has to live with the fact that giant steel vessels loaded with toxic fluids are going to be passing through a diverse and easily damaged ecosystem every day of every year for the foreseeable future. But there’s a lot that can be done to make it safer.

For starters, the VTS ought to have the mandate and the authority to regulate shipping traffic in the same way that air traffic controllers regulate planes. Among other things, the service should keep ships in port when the fog is that thick and conditions aren’t safe. Sen. Dianne Feinstein is mad about the spill response, and that’s fine — but she and her Bay Area congressional colleagues ought to push for legislation that would allow the Coast Guard to ensure this doesn’t happen again.

There’s a desperate need for a bay spill early-warning system, something that could go into effect the moment there’s a possibility of oil fouling the water — and get containment crews on hand quickly and let the public know the hazards. That’s something the State Legislature should move on immediately.

Perhaps Congress should mandate that ships passing through US coastal waters post an accident bond to ensure they don’t escape liability for disasters. But for now, the federal government needs to seize the Cosco Busan, impound its cargo, and make it clear that nothing is going anywhere until the bill for this catastrophe is settled.

And the state and federal governments need to compensate the crab fishers — and then collect the money from the ship’s owners to cover those costs.

RIP Cotton Hill, beloved TV curmudgeon and WWII vet

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A meeting of the minds: Hank Hill, from left, Jimmy Carter, and Cotton Hill

By Erik Morse

On Sunday night, Nov. 11, FOX’s King of the Hill committed the ultimate cartoon sin when it saw the demise of cranky septuagenarian and war hero Cotton Lyndal Hill. A cruel gambit by the animators made all the worse as it was committed on Veteran’s Day, Cotton’s death illustrates a rare moment when an animated series has transgressed “Wile E. Coyote” immortality and confronted the loss of a central character. The following obit was released on the television show’s official Web site shortly before the episode’s debut:

“Cotton Hill, age unknown, World War II veteran, died Sunday in a Texas VA hospital. Hill suffered from several injuries ranging from four rusty bullets lodged in his heart from his military service, a broken hip and torn ligaments in his ankle-knees, to an infection in his esophagus and severe burns caused by a freak shrimp accident that occurred earlier this week at Tokyaki’s Japanese restaurant. Hill leaves behind sons Hank Hill and G.H. (short for “Good Hank”); daughter-in-law Peggy Hill; grandson Bobby Hill; ex-wife Tilly; second wife Didi; first love and former Japanese lover Michiko; an illegitimate Japanese son, Junichiro; and nephew Dusty Hill (of band ZZ Top).”

Texas redneck patrician, misogynist, gun lover, American hero, and war amputee, Cotton proved to be one of the most controversial and loveable television characters since the inimitable Archie Bunker. Representing the best and worst qualities of the “Greatest Generation” – its narrowmindedness, prejudices, simplicities as well as its patriotism, courage, and fraternity – Hill was a surrogate grandfather to many of us who had lost our own so many years ago. As a Texan and an obsessive viewer of the series from the beginning, I was startled by the news – Sundays have now lost a bit more of their juvenile innocence.

Extra! Rock Rapids 38 Carroll 0

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By Bruce B. Brugmann

Well, it isn’t Rock Rapids High School any more and it isn’t the almost famous Rock Rapids Lions. It’s now a consolidated high school district and goes under the fancier nomenclature of Central Lyon. (The Central Lyon Lions just doesn’t have it, does it? For the regular Bruce blog readers, you will realize that I am talking about my almost famous hometown of Rock Rapids, Iowa, a little town in northwest Iowa known as the Gateway to the West.)

Jim Wells just flashed me the final score: Central Lyon 35 Carroll 0. A rout and a surprising one since our two quarterbacks have been banged up and it’s been questionable which one could play for how long and with what effectiveness.

Next game is on Saturday for the state championship, a big big thing back in Iowa, much bigger than the presidential primaries. Everybody in town (that’s about 2,800 people) will either be at the game or glued to the radio. I’ll keep you posted.

P.S. This is how things work back in Rock Rapids, by personal contact over the years and the generations. Jim Wells was the cpa for years for my parents at their drugstore, “Brugmann’s Drugs: Where Drugs and Gold are Fairly Sold, Since l902.” And he handled their personal taxes until they died in the early l990s. He is now reporting on Rock Rapids news for the Bruce blog. I am also getting reports from Dave Foltz and others. Dave is the grandson of Glen Foltz, who operated Foltz’s Construction for many years and then became the Lyon County sheriff. He reported earlier that Halloween in Rock Rapids was pretty tame this year and that my boxcar-across-Main Street generation had probably spoiled it for all the succeeding generations.

Working on the Foltz crew, during the summers, was a rite of passage for the young men in town just out of high school or in college. However, my crew was the crew for the Rural Electrification Administration (REA), FDR’s public power agency that brought electricity to the farms. But that is another story for another day.) B3

The big news in Rock Rapids

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By Bruce B. Brugmann

There is no bigger news, nor more excitement, in Rock Rapids, Iowa, and the other little towns in the Midwest, than when their high school has a winning football season.
(Sometimes, it is basketball or baseball.)

Our football team at Central Lyon is now in the semi-finals in the state tournament in Cedar Falls, putting a 23 game winning streak on the line, and is playing right now this afternoon.

Jim Wells is flashing me the play by play. He reports that most of the town is at the game.

First play of the game: “WE LOVE IT!!!!! First play of the game. Carroll has the ball. Central Lyon gets touchdown!!!! C.L. 7-0”

Next report: Halftime score: Central Lyon 28-Carroll 0.

I’ll keep you posted. B3

Postal Service > Rolling Stones > Fallout Boy

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The Washington Post’s website has good news for hipsters everywhere. After all these years of crying “sell out!” everytime a band – particularly an obscure, culty, indie band – lends a song to a TV commercial, music purists can now quantify exactly how much their act of choice has strayed from the path of righteousness.

It’s all thanks to the Moby Quotient calculator, named for the electronic artist (arguably) most famous for lending his songs for commercial endeavors (and subsequently making us all sick of them, and him). This simple, yet brilliant online calculator uses an equation that measures the disconnect between the product and rock’n’roll’s principles, the sacredness of the song, the origins of the band Are they a notoriously anti-establishment punk group? Or are they a boy band created by a reality show?), the artist’s artistic reputation, how much the artist needs the money, and how long it’s been since the artist’s heydey. This is, of course, all subjective, since readers rate the bands themselves and there’s no way to determine exactly how sacred John Lennon’s “Imagine” is, or how underground Imogen Heap is considered.

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Rocket scientists have nothing on these mathematical geniuses.

Newsom’s party

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By David Crockett
In what was maybe the least surprising news story since that guy from ‘N Sync announced he was gay, San Francisco Mayor Gavin Newsom seemed headed for an easy reelection, even with the sparse returns on election night, when he and his supporters gathered at the Ferry Building.

“The best is yet to come,” Newsom told his followers, at the beginning and end of his speech, adding, “As great as we are, we can still be so much more.”

Rent control under attack

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› news@sfbg.com

San Francisco’s rent-control and affordable-housing laws could be struck down by a statewide initiative that appears to be headed for the June 2008 ballot.

The measure is sponsored by a coalition of conservative property rights advocates under the guise of limiting the government’s ability to seize property by eminent domain.

Cities and progressive organizations are fighting back by trying to qualify a competing ballot measure that would restrict the ability of governments to seize owner-occupied homes but would invalidate the more radical initiative. Groups from the San Francisco Tenants Union to the League of California Cities are actively mobilizing to gather the needed signatures by the Dec. 3 deadline.

SFTU director Ted Gullicksen told the Guardian, “180,000 rental units stand to be affected in San Francisco,” and argued that the invalidation of rent-control laws would rapidly gentrify the city. He noted that environmental groups have lined up against the measure because of ambiguous wording that “could also impact the revamping of the Hetch Hetchy Dam as well as the work on the levees and the delta.”

His group is mobilizing volunteer signature gatherers to qualify the competing measure — which would need more votes than the right-wing measure to quash the latter — and trying to educate the public through the Web site www.eminentdomainreform.com and a Nov. 14 rally planned for noon at the State Building at Van Ness and McAllister.

Eminent domain laws have been a hot-button political issue since 2005, when the US Supreme Court ruled in Kelo vs. City of New London that the Connecticut city could use eminent domain to seize land for a private development project. The furor over that decision triggered last year’s Proposition 90, which would have restricted eminent domain and defined “regulatory takings” so as to cripple local governments’ ability to enforce environmental laws and other restrictions on property use.

Prop. 90 was narrowly defeated (by 47.6 to 52.4 percent of voters statewide, but 29 percent in San Francisco), and advocates for the constitutional amendment titled Government Acquisition, Regulation of Private Property hoped to learn from the experience in crafting this new measure, for which they say they’ve gathered 850,000 signatures and plan to have one million by the Nov. 26 deadline for turning in 694,354 valid signatures of registered voters.

That measure “had a substantial amount of baggage in that it delved into regulatory takings,” Jon Coupal, president of the Howard Jarvis Taxpayers Association, told the Guardian. The latest proposal, he said, “is a fairly tightly drafted measure that deals with eminent domain.”

Actually, as the Attorney General’s Office has concluded in its summary of the measure, it would also strike down rent-control laws, a key source of affordable housing in San Francisco, Berkeley, and a couple of other California cities. The measure’s broad prohibition on laws that “transfer an economic benefit to one or more private persons at the expense of the private owner” could also be interpreted as invalidating inclusionary housing laws, which require developers to create a set percentage of below-market-rate units, and other laws that regulate property.

Coupal admitted the measure attacks rent control and told us, “We think that’s part and parcel of complete property rights protection.” But he noted that units are only removed from rent-control protection when existing tenants move out. And he denied that the proposed act would affect inclusionary housing laws, citing a section that reads, “Nothing in this section shall be construed to prohibit or impair voluntary agreements between a property owner and a public agency to develop or rehabilitate affordable housing.”

Yet he also admits that it’s an open question whether affordable-housing requirements for developers will always be deemed voluntary. He said, “The issue of what is voluntary is currently being litigated in a number of courts.”

Green City: The bay-delta connection

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› sarah@sfbg.com

GREEN CITY Until recently, politicians and the public tended to view the problems facing the Sacramento–San Joaquin Delta levees as separate from the problems facing the San Francisco Bay. But now that human-made distinction is beginning to blur as scientists predict that rising sea levels and levee failures could have profound consequences for both ecosystems.

As wetlands scientist Philip Williams explained at the State of the Estuary Conference in Oakland last month, if the levees fail, a hole will open that will cause the northern area where the bay meets the delta (roughly from Richmond to Antioch) to fill with salt water and deepen, thereby eroding the delta’s valuable tidal marsh habitat.

This doomsday scenario has environmentalists clamoring for an increase in tidal marsh restoration efforts in the southernmost stretches of the bay, which are already home to the South Bay Salt Pond Restoration Project and a broader US Army Corps of Engineers effort to build levees and restore marshlands to protect property from flooding.

As Dr. Letitia Grenier of the San Francisco Estuary Institute said at the SOE conference, people aren’t the only ones who need habitat protection. The mosquito-eating Yuma bat, the California clapper rail, the least tern, and the chinook salmon are just a few of the many species that live around, fly across, or swim through the bay and the delta, and their survival depends on a mosaic of interconnected habitats.

Yet no agency has the clear authority to require that marshland marsh be restored, levees built, development prevented, and greenhouse gas emissions reduced.

In a recent report for the San Francisco Bay Conservation and Development Commission, executive director Will Travis notes that while the BCDC, the Bay Area Air Quality Management District, the Metropolitan Transportation Commission, and the Association of Bay Area Governments are working together as part of a Joint Policy Committee, "none of the four agencies has the authority to prohibit development in flood-prone areas [or] require that levees be constructed to protect low-lying areas, and BAAQMD does not have the authority to regulate emissions from vehicles."

Pointing out that the BCDC was created in 1965 to regulate bay fill and thus prevent the bay from becoming smaller, Travis writes that his agency "is neither legally responsible for dealing with this dramatic change of conditions that is making the Bay larger, nor does BCDC have any explicit legal authority to address this problem."

That said, in an Oct. 29 report posted on the BCDC’s Web site, Travis announced that his agency "has taken the initiative to formulate a broad outline of a comprehensive strategy for addressing climate change in the Bay region and identified changes that are needed in state law so that BCDC can play a productive role in implementing such a strategy."

This strategy includes mapping flood-prone areas, ceasing planned developments in such areas, identifying property that requires protection, and identifying areas that should be allowed to revert to tidal marsh and other types of natural habitat.

"Another probable impact of climate change is that more precipitation in the Sierra Nevada will fall as rain rather than snow, and the snow pack will melt earlier in the spring," Travis writes. This will in turn reduce the amount of late spring and summer runoff into the delta, allowing salt water to extend farther into the delta than it does now.

Travis predicts that sea level rise and higher flood flows resulting from climate change, as well as earthquake risk, will also increase the probability of catastrophic levee failure. Travis also notes that "pulling existing development back from the Bay shoreline and foregoing planned development of low-lying areas can provide an opportunity to expand the restoration of tidal wetlands."

To address these challenges, the BCDC is proposing an eight-year work program with the goal of achieving environmental accountability. "Any proposed new development within the area likely to be inundated by sea level rise should be required to obtain approval both from the local government and from BCDC."

But first, the BCDC or a new regional agency will need state legislation giving it that authority — and public recognition that seriously dealing with climate change means accepting some new regulation of private property.

Comments, ideas, and submissions for Green City, the Guardian‘s weekly environmental column, can be sent to news@sfbg.com.

Results — big surprise!

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Early results are in, and the mayor’s race is no real surprise — Gavin Newsom’s at 77 percent, which is just the absentees, and that will drop. But the big news: In the very conservative absentees, Prop. A is just slightly behind — and Prop. H is actually LOSING. That’s over, and it’s over big — in the most important race for progressives, it looks like a clear and convincing victory. You can take this one to the bank — Don Fisher has lost, big, and Prop A, the competing transit measure, has won.

The other big surprise: Prop. E, the measure that wll require — and I said WILL require — Gavin Newsom to appear before the Board of Supervisors for “question time” looks like it’s going to pass. So Newsom wins — but he’s going to have to answer to his critics.

Will & Willie are back!

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By Bruce B. Brugmann

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Will and Willie are back!
“Keeping it Real” with Will Durst and Willie Brown is now in podcast form at WillandWillie.com. Hear it at the link below.

Clear Channel Communications, the media megaconglomerate with l0 lousy radio stations in the Bay Area, made a terrible decision back in September 2006 when it killed the “Keepin’ It Real with Will and Willie” early morning radio show on its 960 a.m. Quake station.

The show, created by the talented radio producer Paul “The Lobster” Wells, featured Comedian Will Durst and former mayor Willie Brown playing themselves and taking on the issues of the day in the spirit and style of the old Herb Caen columns in the old San Francisco Chronicle. They were fun to listen to, brought on guests that nobody else would touch (Peter Phillips from Project Censored, Noam Chomsky, Marie Harrison from the Hunters Point power plant opposition, etc.), sketched out issues the mainstream media ignored, and provided witty conversation and “Bursts of Durst” every week day morning from 7 to l0 p.m.

I was even encouraged to come on the program and blast away at PG&E, its illegal private power utility, and other Guardian issues. Willie promptly suggested on the air that the program stage a debate with PG&E and me. Fine, I said, but they have never agreed to a debate with me since the Guardian started its public power campaign in l969 and I doubted if they ever would. Willie claimed surprise and said he would work on it. Nothing of course happened.

But this was the kind of fun the program encouraged and I, and many others around town, enjoyed going on the show and making points and arguments we could make on no other local show and certainly not in the San Francisco Chronicle and probably not even in Caen’s column (even he was wimpy on PG&E).

Clear Channel just killed the show outright, with no warning, no real explanation, and no real appreciation for what the show had accomplished in a short period of time. And it left the city without a voice or venue on this Progressive station, just as “San Francisco values” became a national phrase and the war and Bush rhetoric heated up, and Rep. Nancy Pelosi ascended to the speakership. Instead, we got all kinds of Quake talent with the sensibility of other places (Al Franken from Minnesota and Stephanie Miller from Los Angeles) and none from San Francisco. (Newsman John Scott does his best, on “The Progressive News Hour” from 4 to 6 p.m., but it isn’t the same.)

The good news is that Will and Willie are back, with producer Paul Wells, in podcast form. Their inaugural episode is the first gathering of Will, Willie, and Paul since the cancellation. They are in good form discussing the San Francisco election and Mayor Newsom running without real progressive opposition and the problem with parking downtown and and and. Their next episode will take on the upcoming Presidential election and other national events.

Cheer them on! Hear them by visiting the following link HERE and going to the Will&Willie podcast. Log in and give them feedback. B3

Dean Singleton still hates your stupid union

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The Denver Post, flagship paper for Dean Singleton’s MediaNews chain, went on a blinding-mad rampage against Colorado’s governor in a rare front-page editorial Nov. 4.

If there was any doubt in your mind that Dean “Pinkerton” Singleton hates labor unions, this should be enough to dispel it right away. In a 2003 profile of Singleton that appeared in the Columbia Journalism Review, Scott Sherman explains that Singleton receives regular calls from the Post‘s editorial-page editor to finalize the paper’s opinion pieces before going to press.

But placing Singleton’s deep animosity toward labor unions on the front page would make even William Randolph Hearst blush. Perhaps we shouldn’t be surprised that they share similar qualities.

In the editorial, the Post decries Colorado Gov. Bill Ritter as “a toady for labor bosses” and “a bag man for labor unions.” Ritter signed an executive order Nov. 2 giving unions that represent state employees official recognition and bargaining powers covering such crazy bullshit Communist principles like improved health care, wages and workplace safety.

A news story that ran in the Post shortly after the announcement implies bargaining will be a bad deal for state workers, and another suggested bidness would flee the state as a result of the decision, a common refrain from anti-union factions.

According to the editorial:

“When Coloradans elected Bill Ritter as governor, they thought they were getting a modern-day version of Roy Romer, a pro-business Democrat. Instead, they got Jimmy Hoffa. Ritter campaigned under the guise of a moderate “new Democrat” but now we know he’s simply a toady to labor bosses and the old vestiges of his party — a bag man for unions and special interests. The governor on Friday unveiled his plan to drive up the cost of doing business in Colorado by forcing collective bargaining on thousands of state employees. We’re concerned this may be the beginning of the end of Ritter as governor.”

Singleton’s MediaNews empire snapped up nearly every major newspaper in the Bay Area except the Chronicle last year in a complex series of buyouts. The union representing Oakland Tribune employees has since charged Singleton with trying to stamp out guild representation there.

The earthquake: l989 and 2007. How my old Royal typewriter saved the day and helped get the Guardian out on time

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By Bruce B. Brugmann

Yes, that is correct. I put my trusty old Royal typewriter to work in the deadline emergency of the l989 Loma Prieta quake and it helped get the paper out on time. The rescue confirmed my argument that my typewriter was much more reliable than a computer in an earthquake emergency when the power goes out. But first let me give you some quake context.

Somehow, when the quake hits, I am always on the couch and get the full force of the jolt. Tuesday night, I was sitting on our couch in our West Portal home watching the Democratic presidential debate when the 5.6 quake hit at 8:04 p.m., several hours after our deadline and after our paper was safely in bed at the printers. The quake rattled the room a bit but there was no damage and nothing stirred in the neighborhood. On Oct. l7, l989, I was sitting on a couch in our old Guardian building, at l9th and York Streets in the Mission District, when the quake hit on our final deadline late in the afternoon. We had one page left to finish, a hole on page 4 for the “In this issue” column by Executive Editor Tim Redmond. The truck driver was anxiously standing by to drive the pages, or flats as we called them, four hours up the freeways to our printer in the northern California city of Paradise.

The issue was a classic Guardian investigative story with then Mayor Art Agnos on the cover, holding a blank check from Bob Lurie of the Giants, and a head that read “Blank-Check Mayor.” The subhead read, “If you still think Art Agnos’s downtown stadium is a good deal for the city, you haven’t read the fine print. Jim Balderston exposes the hidden details of a deal that could rival the Candlestick Park Swindle.” Another front page head introduced “Bay Area Censored,” the first annual Bay Area Censored project and six big stories that “were too hot for the local media to handle.” Normal Guardian fare. Obviously, we wanted the issue to come out on time the next morning, even though it was too late for us to do any real quake coverage.

Our building was rattled but there was no damage, though it was a two story unreinforced red brick building.
But the phones went dead, the power went out, our computers were down, and we had to stop work. So the staff poured onto the street, a little scared but in good spirits, to reconnoiter and figure out what to do next.
That meant heading to the Jay ‘n’ Bee Bar, our local pub, down the street a block. Balderston, then our city hall and investigative reporter, caught the spirit of the moment: “We better get down to the bar and get our drinks before the ice melts.”

Joe the Bartender, as he was known, began rolling out the drinks for us with his usual panache (he shook splendid martinis with flourishes, no stirring). The television set was down, but a pub regular from a local machine shop brought in a generator and fired it up.

We watched the tv in growing shock. The news was grim and dramatic. The Marina was burning. The Oakland Bridge had collapsed with cars on it. The Giants/Oakland Athletics World Series game at Candlestick Park was hit and sportswriters suddenly became action reporters and put the story out play by play all over the world. Damage appeared to be extensive all over town and the area and fatalities and injuries were coming in.
We had our own problems. Among them, how to finish up the paper and get the flats in the truck and up to Paradise.

I offered my trusty Royal. Executive Editor Tim Redmond came back to the office and grabbed my typewriter and started batting away on the In This column. “There are times when modern technology just doesn’t make it,” he pecked out. “Like now.

“It’s about 6:45, and the sun is almost gone. I’m catching the last few rays of light through the front windows of the Guardian building, and Patricia (Filingame) is adding the glow of a flashlight to make sure I don’t make any typos.”

Tim typed on and ended up by writing that “By the time the shaking had stopped, there was no electricity at all–not to turn the typesetting machine, not to light up my windowless office…nothing to do but find the one functional office machine in the place, Bruce’s old Royal typewriter.

“We had a bit of trouble with the technological details (manual ribbon winding…) but it actually works. Remarkable.”

The page was pasted up, the flats were bundled into the truck, and the trucker headed out for the Golden Gate Bridge, which had held, and then up the freeway to Paradise and safety.

Balderston led a delegation back to the bar. Sfaffers who lived in the East Bay figured out whether to say in town or go home by way of the San Mateo Bridge, which had held. Julia Loftus, our classified director who lived in Silicon Valley and worried about a dangerous Bay Shore freeway, wingled and wangled her way slowly down the El Camino Real.

I drove Iris Maher, our circulation director, through intersections without lights and volunteer civiian traffic facilitators, to her apartment building on the slope of a Nob Hill illuminated against the sky by the blaze and smoke of Marina fires and God knows what else. People were streaming in and out of the Fairmont Hotel. So we decided to take a look. We spent the rest of the evening sitting on the floor of the lobby, chatting with hotel guests who were exchanging stories about what they were doing when and on what floor when the quake rocked the hotel. I bought a lot of drinks because the hotel wasn’t taking credit cards and the guests wouldn’t go back to their rooms to get cash. Some got a kick out of being part of earthquake history. Most of them were scared to death and trying to figure out how to get out of town fast.

The Chronicle, we heard, had no real backup generator and the word was that its staff was putting out the paper by flashlight. The driver made it to Paradise, the Guardian got printed, and the delivery trucks rolled into town the next morning on schedule over the Golden Gate Bridge. And we even had a few typewritten paragraphs of quake coverage.

And so, through the years between the quake of l989 and the quake of last Tuesday, 2007, I have kept my trusty Royal typewriter behind my desk, always at the ready for emergency duty. It still is. B3

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The Guardian Iraq War casualty report (10/30/07)

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For a breakdown of the positions that relevant politicians are taking on the war in Iraq, visit the slate.com link below. 36 U.S. soldiers were killed this month, which means at least one U.S. soldier was killed for every day that passed. Click here to view.

Casualties in Iraq

U.S. military:

3 U.S. soldiers were killed today by a roadside bomb, bringing the total of U.S> soldiers killed this month to 36, according to Reuters.

4,113: Killed since the U.S. invasion of Iraq 3/20/03

Source: http://www.icasualties.org/

128
: Died of self-inflicted wounds, according to http://www.icasualties.org/.

For the Department of Defense statistics go to: http://www.defenselink.mil/

For a more detailed list of U.S. Military killed in the War in Iraq go to: www.cnn.com

To view a breakdown of U.S. military casualties by state of residence, click here.

Iraqi civilians:

654,965 more Iraqis may have died since hostilities began in Iraq in March 2003 than would have been expected under pre-war conditions, according to a Johns Hopkins University study.

98,000: Killed since 3/03

Source: www.thelancet.com

75,971– 82,776: Killed since 1/03

Source: http://www.iraqbodycount.net

For a list of recent events that have resulted in Iraqi casualties, visit :
http://www.iraqbodycount.org/database/recent/

For first hand accounts of the grave situation in Iraq, visit some of these blogs:
www.ejectiraqikkk.blogspot.com
www.healingiraq.blogspot.com
www.afamilyinbaghdad.blogspot.com

Iraq Military:

29 Iraqi policemen were killed by a suicide bomber yesterday, according to the New York Times.

30,000?: Killed since 2003

Source: http://www.infoshout.com

Journalists:

200 journalists have been killed since the start of the war in March 2003 through August 2007, according to Reporters Without Borders.


Refugees:

Read a first hand account of how Iraqis are being treated when attempting to enter Jordan for a vacation.

Border policies are tightening because one million Iraqi refugees have already fled to Jordan and another one million to Syria. Iraqi refugees who manage to make it out of Iraq still can’t work, have difficulty attending school and are not eligible for health care. Many still need to return to Iraq to escape poverty, according to BBC news.

2.2 million:
Iraqis displaced internally

2 million: Iraqis displaced to neighboring states

Incessant violence across much of Iraq’s central and southern regions has forced tens of thousands of people to leave their homes every month, presenting the international community with a humanitarian crisis even larger than the upheaval aid agencies had planned for during the 2003 war, according to United Nations High Commissioner for Refugees’ estimates.

U.S. Military Wounded:

28,171: Wounded from 3/19/03 to 8/31/07

Source: http://www.icasualties.org/

The Guardian cost of Iraq war report (10/30/07): So far, $464 billion for the U.S., $58 billion for California and $1 billion for San Francisco.

Compiled by Paula Connelly

Here is a running total of the cost of the Iraq War to the U.S. taxpayer, provided by the National Priorities Project located in Northampton, Massachusetts. The number is based on Congressional appropriations. Niko Matsakis of Boston, MA and Elias Vlanton of Takoma Park, MD originally created the count in 2003 on costofwar.com. After maintaining it on their own for the first year, they gave it to the National Priorities Project to contribute to their ongoing educational efforts.

To bring the cost of the war home, please note that California has already lost $46 billion and San Francisco has lost $1 billion to the Bush war and his mistakes. In San Francisco alone, the funds used for the war in Iraq could have hired 21,264 additional public school teachers for one year, we could have built 11,048 additional housing units or we could have provided 59,482 students four-year scholarships at public universities. For a further breakdown of the cost of the war to your community, see the NPP website aptly titled “turning data into action.”

For more information on what the war is costing the United States, visit the American Service Friends Committee website here.

Eugene Prince Coleman, 1937–2007

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› news@sfbg.com

Eugene Prince Coleman died Oct. 26, surrounded by his family, after losing a battle against pancreatic cancer. It was one of the few fights that he lost in his long and memorable life in San Francisco.

Born in Mississippi 70 years ago and raised in Cleveland, Coleman came to San Francisco in 1972 and, like many in that decade, found a home in the city. He never left — and never, ever quit working to make it better.

Coleman was one of the creators of modern, tolerant, progressive San Francisco. His decadelong service to South of Market as director of the Canon Kip Community House (until it was closed as the Episcopal Church turned away from the central city) was a model of dedicated, informed, and effective advocacy and service. He founded the first paratransit service for seniors in San Francisco. He presided over one of the most dynamic and well-attended youth-serving community centers in the city, which provided safe, secure, and supportive space for an entire generation of Filipino youths. He almost single-handedly got the South of Market Health Center up and running, serving seniors and families.

And when urban renewal devastated South of Market, Coleman provided space and support, counsel, know-how, and a patience that bested the saints themselves in helping to create one of the most effective community campaigns against redevelopment in the nation. Some 2,000 low-income senior homes were rebuilt, and a new capacity to develop community-controlled affordable housing was created, in large measure due to Coleman’s wisdom and vision.

Thousands of San Franciscans who never knew his name owe Coleman for the dignity and grace that well-organized substance-abuse, residential-treatment, and food and health programs have provided them at his insistence as he helped build the infrastructure of a substance-abuse policy that is known nationwide as the San Francisco model.

Coleman spent the past decade or so working for the city, bringing to his job the keen judgment and the caring heart that so characterized his service to the community. He demanded that all people — youths and seniors, black, brown, and white, working-class and poor — be treated with respect and courtesy, warmth and love, and that they, in turn, treat one another the same way. Coleman was also an African American who never once gave up on the African American community or the needs of his people, and fought and talked and thought and cried for their continued survival in San Francisco.

He was simply a quintessential late-20th-century San Franciscan who gave back more than he took, cared more than he probably should have, and was one of the finest people to ever walk these sometimes mean and uncaring streets — with a demeanor that was always sweet and caring. *

Calvin Welch worked with Gene Coleman for 30 years and was blessed by his friendship.

A memorial for Coleman is scheduled for 11 a.m. on Nov. 1 at Providence Baptist Church, 1601 McKinnon, SF.

Are high-rises green?

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› news@sfbg.com

GREEN CITY High-rises are popping up fast in San Francisco, altering the skyline from one month to the next. But are these giants environmentally friendly? Do they make San Francisco more green or less?

One of the major advantages of using tall buildings in city design is the potential to reduce suburban sprawl: building up instead of out lessens the demand for single-family homes, creates dense neighborhoods where cars aren’t needed, and allows for more open spaces to be preserved.

Additionally, the concentration of people in high-rise clusters encourages the creation of acceptable transit systems. "The high density of high-rise neighborhoods — whether residential, office, or mixed-use — creates the necessary population density to support efficient transit service, allowing people to take transit rather than drive," said Lisa M. Feldstein, a local affordable-housing consultant who grew up in a residential high-rise in New York City’s East Harlem. "The reason that bus service is poor in suburbs and rural areas is not that people in those areas don’t like transit. It’s that the population isn’t sufficiently dense to support a fast, frequent, and efficient transit system, so people can’t rely on it."

Density puts demands on transportation, but that doesn’t guarantee public transit use. When people working in city centers like San Francisco can’t afford to live there, that can create cross-commute situations that clog big-city roadways, which may be even more environmentally damaging than suburban-style development. In fact, San Franciscans drive to work alone more than they use public transportation to get there, according to a 2006 US Census Bureau study.

High-density residents tend to use fewer resources than their low-density counterparts. Because walls, pipes, and other materials are shared, it can take less energy, for example, to heat a high-rise unit than a single family home.

But high-rises use energy in ways that single-family homes don’t — for example, in thousands of elevator trips from top to bottom every day. According to a study found on the US Department of Energy’s Web site, elevators consume up to 10 percent of the total energy used to maintain tall buildings. Furthermore, these buildings are usually climate controlled (in part to counteract the heat created by their elevators), whereas opening and closing windows can more effectively regulate temperatures in single-family houses and low-rise units. High-rise buildings also include common areas that often leave lights burning 24 hours a day.

Not having private yards in high-rises reduces the water and the toxic chemicals used to maintain them and forces people into public spaces. But there is another environmental cost to this void, said Lisa Katz, a planner with Design, Community and Environment in Berkeley. "People living in high-rises have less connection to the land; for example, they can’t grow their own food," she said. Raising food sources in agricultural communities and exporting them to cities uses exorbitant amounts of energy in the form of fuel and packaging.

High-rises, however, have the potential to achieve the highest level of green building ratings, according to Maria Ayerdi, executive director of the Transbay Joint Powers Authority, which on Sept. 20 approved the proposal for the new Transbay Transit tower, which will be the tallest building on the West Coast. "In tall buildings there are creative efficiency, recycling, and energy-generating opportunities that may not be possible in smaller buildings," she said. In fact, several high-rises around the country have been built according to Leadership in Energy and Environmental Design certification standards, which demand energy and resource efficiency.

But Calvin Welch, a local housing activist, said it is "virtually impossible to conceive a green-materials building of any sort" that would meet the seismic requirements of high-rises in San Francisco. These include the use of "heroic construction techniques" involving extraenforced foundations to build on "Bay Area mud," high-tinsel steel, which is packed with carbon and takes loads of energy to produce (often using coal or gas ovens), and thousands of gallons of diesel for the transportation of materials to the city center.

"This is one of the most disastrous building techniques of mankind," Welch said of high-rise housing, noting that "the environmental debt, even if compensated by solar panels, etc., is too great." *

Comments, ideas, and submissions for Green City, the Guardian‘s weekly environmental column, can be sent to news@sfbg.com.

Mayor moving on peaker deal

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The Board of Supervisors had a little shake-up today in the middle of a conversation on the city’s deal to build a new peaker power plant.

One of the biggest selling points from proponents of the $230 million natural gas fired power plant has been that it will receive the “Reliability Must Run” contract from CA-ISO, the state energy agency that dishes out those kinds of things. Right now the Mirant Potrero plant has that RMR, and city officials and activists have been trying for several years to get that plant to close down because it spews more filth into the air than a newer one would. Without an RMR, which essentially pays the power plant owner to NOT run unless needed during peak energy hours, it becomes financially dicey to keep the lights on, but Mirant has never definitively said they’d pull the plug if the city built its own power plant. Some folks, including us, have expressed concern that we could end up with two power plants.

Supervisor Tom Ammiano was intending to slap a couple of amendments onto the resolution the board heard today regarding the peaker plant, one of which would have urged the PUC to get an iron-clad guarantee from Mirant that they’d shut down. In the middle of the supes grilling the PUC on the peaker contract, Sup. Aaron Peskin interjected with the late-breaking news that Mayor Gavin Newsom was at that very moment negotiating with Mirant for a signed agreement that the plant would shutter for good if their RMR is removed.

Some of the supes seemed a little surprised by the news, if not miffed. (Gav’s got a bit of a thing for trumping.) Rumors outside the chamber were that the Mayor’s office has been working on this for awhile, and part of the negotiation may have to do with some city assistance with cleaning-up of the old power plant site and maybe a little fast-tracking of the permitting process for Mirant to put it to some other, more lucrative use. (Condos, anyone? Anyone around here need another $2 million condo?)

No one from the Mayor’s office got up to speak about it (nor the Mayor himself, though it was his day to shine in front of the supervisors. More on that after Prop E passes.) They haven’t issued a press release yet, and I swung by the press office but no one there knew anything about it. Supes Mirkarimi, Daly, and Alioto-Pier voted still voted against the resolution.

UPDATE:

Sup. Ross Mirkarimi tells us we got it wrong — he introduced the resolution amendments, not Tom Ammiano. Sorry about that — we missed the beginning of the hearing, and got the amendments through a fax from Ammiano’s office. The hearing isn’t up on SFGTV yet, so we’ll take Mirkarimi’s word that the amendments are part of the resolution.

They urge the SFPUC to do two things:
1. secure the closure of Mirant as a condition before operating the peakers. (Mayor’s on that one.)

2. “…stipulate a controlled operating regimen that reduces the usage of the CT’s as renewable in-city generation capacity comes on-line consequent to implementation of City’s renewable energy plan under Community Choice Aggregation and other renewable power sources.” (So, essentially, curb the peakers as we put up the solar panels.)

Also, here are some PDFs which prove the point commenter Eric Brooks makes below that the peakers will spit out about the same amount of pollution as Mirant does now:

Testimony of Bay Area Air Quality Management District’s engineer Barry Young at 10/23 SFPUC hearing

Images that quantify the testimony

Halloween in Rock Rapids. What really happened on Halloween Eve in l95l in the almost famous town of Rock Rapids, Iowa

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By Bruce B. Brugmann

I was just settling down to get back into the business of blogging (I have been away at an assembly of the Inter American Press Association in Miami and a convention of the California First Amendment Coalition at USC in Los Angeles) when an ominous email from Washington, D.C., popped up on my computer.

At first I thought it was just more fear-mongering out of the Bush administration, but the head did intrigue me, “Millions of children could be exposed to dangerous toys on Halloween.” It was the announcement for a news conference call with reporters on Tuesday, to release a new report on the “toxic trade of deadly Halloween toys,” toys made in China and being recalled for containing dangerous levels of lead in violation of U.S. safety standards. Halloween was the news peg.

Meanwhile, the word was dire back in San Francisco. The mayor and city fathers were warning people to stay out of the Castro, the gay area that annually sees a tumultuous gathering of hundreds of thousands and police in full riot gear. “HALLOWEEN WARNING: KEEP CLEAR OF THE CASTRO,” trumpeted the San Francisco Chronicle in its Halloween morning edition. “City puts word out: There’s no party, just stay home.”

I was astounded. A full year has gone by since I wrote an almost famous blog disclosing in graphic detail, naming names, what really happened on Halloween Eve in 1951 in my almost famous hometown of Rock Rapids, Iowa. As Halloween seems to spin out of control, the story of Halloween in Rock Rapids is worth retelling, as anybody in the almost famous Hermie Casjens gang would argue. And so I am going to do so.

There weren’t any “deadly Halloween toys” nor any toxic trade thereof nor any tumultuous hordes creating a riot situation in Rock Rapids, but there was a bit of targeted hell raising on Halloween. In fact, it was understood that Halloween was the one night of the year when the more adventurous youth of the town could raise a little hell and hope to stay one step ahead of the cops. Or, in the case of Rock Rapids, the one and only cop, Elmer “Shinny” Sheneberger.

Shinny had the unenviable job of trying to keep some semblance of law and order during an evening when the Hermie Casjens gang was on the loose. Somehow through the years, nobody remembered exactly when, the tradition was born that the little kids would go house to house trick and treating but the older boys could roam the town looking to make trouble and pull off some pranks.

It was all quite civilized. The Casjens gang would gather (no girls allowed) and set out about our evening’s business, being careful to stay away from the houses of watchful parents and Shinny on patrol. Dave Dietz and I specialized in finding cars with keys in the ignition and driving them to the other end of town and just leaving them. We tipped over an outhouse or two, the small town cliche, but one time we thought there was someone inside. We never hung around to find out. There was some mischief with fences and shrubs and swings hanging in back yards.

After an evening of such lusty adventures, we would go home about ll p.m. and tell our parents what we had been up to and how we evaded Shinny the whole evening and they would (generally) be relieved. Shinny would just drive around in his patrol car and shine his lights here and there and do some honking. But somehow he never caught anybody nor made any serious followup investigation. And the targets of our pranks never seemed to make police complaints. I once asked Paul Smith, the editor of the Lyon County Reporter, why he never wrote up this bit of zesty small town lore. “Bruce,” he said, “I don’t want things to get out of hand.” During my era, they never did.

Nonetheless, the city elders decided to keep Halloween devastation to a minimum and scheduled a dance in the Community Building, with the misbegotten idea the pranksters would give up their errant ways and come to the dance. The Casjens Gang would have none of this. In fact it was the year of the dance diversion that we made our most culturally significant contribution to Halloween lore in Rock Rapids. We happened upon a boxcar, loaded with coal, parked on a siding a block or so from Main Street, which also served as a busy main arterial highway for cars coming across northwest Iowa.

It is not clear to this day who came up with the idea of rolling the boxcar across Main Street and blocking all traffic coming from both directions. We massed behind the car and pushed and pushed but it wouldn’t budge. Then Bob Babl came up with a brilliant stroke: to use a special lever his dad used to move boxcars full of lumber for his nearby lumberyard. Bob slipped through a fence behind the yard and somehow managed to find the lever in the dark. We massed again, now some 20 or so strong, behind the car and waited for the signal to push. Willie Ver Meer climbed to the top of the car and wrenched the wheel that set the brakes. We heaved in unison and the car moved slowly on the tracks until it reached the middle of Main Street. Willie gave a mighty heave and ground the car to a dead stop, bang, square in the middle of the street. Almost immediately, the cars started lining up on both sides of the car, honking away. Grace under pressure. An historic event. Man, were we proud.

We slipped away and from a safe distance watched the fruits of our labor unfold. Shinny, the ever resourceful police chief, soon came upon the scene. He strode into the dance in the nearby Community Building and commandeered enough of the dancers to come out and help him move the car back onto its siding. We bided our time and then went back and pushed the car once again into the middle of the street. Jerry Prahl added a nice touch by rolling out a batch of Firestone tires onto the street from his Dad’s nearby store. Suddenly, Main Street was a boxcar- blocked, tire-ridden mess. Again, the cars started lining up, honking away. Then we fled, figuring we were now wanted pranksters and needed to be on the lam.

The Casjens gang and groupies have retold the story through the years at our regular get togethers at the Sportsmen Club bar at Heritage Days in Rock Rapids and at our all-Rock Rapids Cocktail Party and Beer Kegger held in the back lawn of the Mary Rose Babl Hindt house in Cupertino. We would jokingly say that the statute of limitations never runs out in Rock Rapids and so we needed to be careful what we said and ought not to disclose fully the involvement of Dave Dietz, Hermie Casjens, Ted Fisch, Ken Roach, Jerry Prahl, Bob Babl, Romain Hahn, Willie Ver Meer, and lots of others, some who were there working in peril, others who declared they were there safely after the fact.

Two years ago, just before Halloween, I was invited back to Rock Rapids to speak to a fund-raising event for the local high school. It was a a crisp clear night just like the night of Halloween in l95l and a perfect setting to tell the story publicly in town for the first time. The event was at the new community building, on Main Street, just a block or so from the old Community Building, and a block or so from the siding where we found the boxcar. I told the audience that Shinny had assured me the statute of limitations had run out in Rock Rapids and that I could now, 54 years later, tell the boxcar- across -Main -Street caper with no fear of prosecution. And so I did, with relish.

Chuck Telford was in the audience and I recalled that he had driven up to us that night, as part of a civilian patrol, and inquired as to what we were doing. When he could see what we were doing, he just quietly drove off. “Very civilized behavior,” I said. Afterward, I told Chuck I would back him for mayor, on the basis of that incident alone. Craig Vinson, then the highway patrolman for the area, came up to me and said he remembered the incident vividly because he was on duty that night and came upon the boxcar blocking the highway with long lines of honking cars. “I got ahold of Shinny that night and told him it was his job to move the boxcar and get it off the highway,” he said. Others said they had gotten a whiff of the story but were never able to pin it down. The high school principal and superintendent didn’t say much and, I suspect, were worried my tale might lead to the Rock Rapids version of the movie “Ferris Bueller’s Day Off.”

For years, I said in my talk, I didn’t think that Shinny ever knew exactly what happened or who was involved in the caper or how we pulled it off, twice, almost before his very eyes. Shinny retired in Rock Rapids and I saw him twice a year when I came back to visit my parents. But I never said anything and he never said anything but finally a couple of years ago I found the right moment and cautiously filled him in. He chuckled and said, “Let’s drink to it.” We did. And we have been drinking to it ever since. He calls me now and then in my office in San Francisco. He always tells the receptionist, “Tell Bruce, it’s Shinny. I’m his parole officer in Rock Rapids.”

Those were the days, my friends. The days of Halloweens without dangerous toys and toxic trade with China and riots on Main Street. B3

Freedom in your genitals

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Intrepid reporter Justin Juul hits the streets each week for our Meet Your Neighbors series, interviewing the Bay Area folks you’d like to know most.

Nicole Halpern lives and works at the One Taste Urban Retreat Center, an organization/community dedicated to bringing conscious awareness to the senses. She teaches naked yoga, regular yoga, and a class called “The Man Course.” I have seen her naked.

onetaste2.jpg

SFBG: So what’s your story? How did you find yourself working at One Taste as a naked yoga instructor?

Nicole Halpern: Well, all my life I’ve had these experiences where I would feel really really connected to everything -to all the people and everything around — and then I just hit a point in my life where I realized I wanted more.

SFBG: Um, what exactly do you mean by that?

Halpern: I just wanted more connection to everything and I kept trying to find it in different ways, but it wasn’t until I moved to One Taste that I finally found it.

SFBG: OK … so where are you from?

Halpern: I grew up in Manhattan. I went to high school in Westchester and lived in a traditional family. It was really traditional. I mean, I went to college. I worked at ABC news for 2.5 years. I worked in marketing. I worked in advertising. I have a very traditional background. But I quit my job in 2000 to travel because I had this deep desire to see more than just the east coast of the United States.

SFBG: Cool. Where did you go?

Halpern: Oh, I went on a long backpacking trip through Nepal, and when I came back I just knew my life had to be different. I couldn’t go back to the way I was before. Then I thought traveling was my purpose, but then I came here and realized my purpose was to teach classes around sex. I want to teach people how to have the life that they want, the sex that they want, and to feel freedom in who they are.

SFBG: So how did you find this place? Was sex the main attraction?

Lawsuit can move forward

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The Bay Guardian has presented enough evidence of predatory pricing by the SF Weekly that our lawsuit against the paper and its chain owners can go forward to trial, a judge ruled Oct. 25.

Judge Richard A. Kramer denied three separate motions by Village Voice Media, the Phoenix-based 16-paper chain, that sought to dismiss the case.

In a suit filed in 2004, the Guardian charged that the Weekly and the East Bay Express had engaged in a pattern of selling ads below cost in an attempt to put the locally owned alternative paper out of business.

VVM sold the East Bay Express this year to local owners.

The case was filed under the state’s unfair business practices law, which bars the sale of any good or service for less than the price of producing it if that cut-rate selling is aimed at hurting a competitor.

VVM’s motions for summary judgment argued that the Guardian couldn’t prove any intent by the Weekly or VVM to injure the local competitor. In briefs and oral arguments, VVM lawyers claimed that the chain’s CEO, Jim Larkin, had denied any predatory plans or intent. And VVM insisted that the evidence collected by the Guardian so far was inadequate to take the case to trial.

The chain lawyers also argued that the Guardian’s suit was a threat to the First Amendment rights of the Weekly, because if the paper was forced to quit selling discounted ads it might have to cut editorial space and staff.

Ralph Alldredge, a Guardian attorney, noted that the Weekly had admitted selling ads below cost. And he said the evidence collected so far in the case shows strong indications of predatory intent.

Alldredge acknowledged that selling below cost isn’t always illegal; start-up businesses, for example, often lose money at first trying to attract customers. But he said the Weekly has been losing money every year since New Times/VVM bought it in 1995, and those losses have only increased over time, to as much as $2 million a year. It’s hard to imagine any good reason why a business would set its prices so low that it operated at a loss every year for more than a decade, Alldredge argued, unless the goal was to use chain resources to starve out a locally owned competitor.

Alldredge cited a deal between Clear Channel, which owns the concert promoter Bill Graham Presents, and the Weekly under which the Weekly paid to have its name on the Warfield theater, a BGP venue – and in exchange, the Weekly would get almost all of the advertising money that once went to the Guardian. He cited a memo showing that the deal would give the Weekly 85 percent of the ads, and the Guardian would get “15 percent to zero.”

James Wagstaffe, arguing for the Weekly, said that forcing the chain paper to sell ads at a higher rate would be the equivalent of the government deciding how much of the finite space in the publication could be devoted to news. He said an economic expert hired by the Weekly, Harvard professor Joseph Kalt, had determined that the ad market in San Francisco was so soft that the only way to increase revenues enough to cover the Weekly’s operating costs was to cram more ads onto every page.

Alldredge countered that courts have always agreed that basic economic regulations can apply to newspapers without a First Amendment threat.

“One hundred years of cases say that the mere economic regulation of newspapers is not unconstitutional,” he said. “There is nothing in the First Amendment that says you can engage in predatory behavior.

He also noted that Jed Brunst, the top finance officer for VVM, had testified in a deposition that the chain had prepared projections in 2005 to present to investors. Those projections showed that the Weekly could become profitable – if it raised ad prices. The paper would lose some ad volume to the Guardian, but would be able to retain the same percentage of editorial space to ad space and would be a profitable operation, Brunst’s report to the investors said.

In other words, the top people at the chain knew they could make money by ending their below-cost sales – but they continued with the predatory practice. That, Alldredge said, created a pretty reasonable presumption that the chain was out to harm a competitor.

Kramer rejected all of the SF Weekly’s claims. He said that the First Amendment didn’t allow newspapers to engage in “impermissible anticompetitive” behavior. And the question of intent, he said, was a fact for a jury to determine – and “a denial of improper activity by itself is not enough” to dismiss this case.

New Times Executive Editor Mike Lacey and Executive Associate Editor Andy Van De Voorde came from Phoenix to attend the hearing, and Van De Voorde wrote a lengthy piece that appeared on the Weekly’s website calling the Guardian’s three-year-old lawsuit “looney.” The piece put the chain’s spin on the hearing and laid out the Phoenix operators’ opinions on the Guardian claim.

But in the end, only one opinion mattered, and that was the opinion of Judge Kramer — who didn’t buy one bit of the Weekly’s argument.

Trial is set to begin early in January, 2008.

The Guardian is represented by Ralph Alldredge, E. Craig Moody and Rich Hill. Three VVM lawyers — Ivo Labar and James Wagstaffe of the San Francisco firm Kerr and Wagstaffe and Don Bennett Moon of Phoenix — were in the courtroom representing VVM.

SF Weekly loses a big one

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SF Weekly loses a big one

It’s no news to most of you that the Guardian has sued the SF Weekly and its parent company for predatory pricing. We’re arguing that the Weekly, owned by Village Voice Media (which used to be New Times), has been selling ads below cost for the purpose of injuring the locally owned competitor.

Back in July, SF Weekly managing editor Will Harper wrote a long, rather nasty story that sought to portray the suit as groundless. He called the suit “light on witnesses and evidence,” quoted his boss, Mike Lacey, at length, and laid out, in detail, the Weekly’s motion for summary judgment — in essence, a motion to dismiss the suit because of a lack of evidence.

Well: this Wednesday and Thursday, Judge Richard Kramer heard arguments on that motion (actually, three different motions). One of the things that the Weekly’s lawyers argued was that the VVM managers couldn’t possibly have intended to harm the Guardian; after all, the lawyers argued, VVM CEO Jim Larkin denied any such plan.

That’s right: The lawyers said their client couldn’t have done anything wrong, because he (imagine this) said he didn’t do it.

Shortly before noon yeterday, Judge Kramer denied all three motions. In essence, the judge said, just saying you didn’t do it won’t fly; there’s plenty of evidence to take this case to trial, and a jury will have to decide who’s telling the truth and what’s really going on.

The folks at the SFW, of course, are spinning the ruling as just more evidence of our “looney lawsuit”. That’s their opinion, and they’re welcome to it. But in this particular matter, the opinion that counts is the opinion of the Hon. Richard Kramer — and he didn’t see it the SF Weekly’s way.

Trial is scheduled for early January.