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› tredmond@sfbg.com

I was going to do New Year’s resolutions this week. I got started: turn the cell phone volume down when the kids are in the car and Aaron Peskin is on the line. ("That man sure does like to use the f-word when he talks about PG&E," my nine-year old noted this fall.) Stop shouting "Yo, asshole!" when cars come too close to my bicycle. (I know I can be way more creative and foul-mouthed than that.) Return Gavin Newsom’s phone calls. (Hey, the poor guy must be lonely.)

But really, it’s not all about me.

So instead, in honor of the end of the Bush Years and in the hope of a 2009 we can all be proud of, here are some things I would like to see other people do:

I would like to see the California Legislature and US Congress raise the gas tax enough to bring the price to about $3 a gallon, making sure SUVs remain unattractive forever.

I would like to see the new progressives on the San Francisco Board of Supervisors make open government a real priority; I would like to stop having to fight to get even routine information out of City Hall. I would like everyone in public office to read Bob Herbert’s column in Dec. 27’s The New York Times and understand that one reason FDR was successful with the New Deal was that he understood the importance of restoring faith in government; transparency, accountability, and oversight were a central part of the package.

I would like Anchor Steam to start making a light beer.

I would like someone to get Wi-fi installed at City Hall.

I would like Gavin Newsom to stop hiding behind Nathan Ballard.

I would like the right lane of the stretch of I-80 near Lake Tahoe repaved so those of us with small cars don’t get bounced up and down like ping pong balls.

I would like the federal drinking age lowered to 18.

I would like everyone to stop talking about the death of newspapers and stop pretending that blogs and citizen journalism can ever replace full-time trained reporters.

I would like the San Francisco police to stop turning immigrants over to the feds.

I would like the executive editor of Village Voice Media to shave his head, move to Tibet, become a monk, and accept the karmic implications of the way he’s lived his life.

I would like the state to tax the millionaires instead of the college students.

I would like some really rich person to die and leave $20 million for a public power campaign so that for once we could match Pacific Gas and Electric Co.’s money and have a fair fight.

I would like Barack Obama to appoint Arnold Schwarzenegger ambassador to some meaningless country so we can have a new governor.

I would like Newsom to liquidate his personal fortune and use the money to pay rent and grocery bills for the front-line city workers he’s laying off.

I would like the Catholic archbishop of San Francisco to quit the gay-hating.

I would like all my fellow dog owners to clean up the poo on the sidewalk.

I would like to be able to ride high-speed rail to Los Angeles before I start collecting Social Security. Happy New Year.

Loose canon

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› kimberly@sfbg.com

Pet Sounds (Capitol, 1966) not Sgt. Pepper’s Lonely Hearts Club Band (Capitol, 1967). For that matter the Plastic Ono Band rather than the Beatles, and Brian Wilson before Paul McCartney. Scott Walker, not Paul Simon. Arthur Russell, not David Byrne — though regards to the Talking Heads. ‘Fraid no Bruce Springsteen but plenty of Neil Young. The Band not … well, Bob Dylan hangs on despite the unfortunate I’m Not There (2007), the seeming party-stopper in a never-ending stream of Dylan books and arcana. Prince, in lieu of Rick James, bitch.

Low-budg bedroom production, not Chinese Democracy (Interscope). Not reggaetón but Krautrock. Not Afro-Cuban but African. Not doo-wop but girl group. Nope to Phil Spector but yes to Lee Hazlewood or, better, Lee "Scratch" Perry. Stock on the Replacements and Hüsker Dü is way down, but Bad Brains and Black Flag shares are up. Sorry, the Who isn’t all right but Zep’s song remains the same. Nevermind Nirvana but hello, Sparks — and no, not Jordin Sparks. And oddly enough, not the Tubes or Huey Lewis and the News, but Journey — and specifically "Don’t Stop Believin’."

Now repeat, twirl around, pat your head whilst rubbing your stomach, click your heels together twice, and commit the aforementioned to memory: this is your new rock canon.

Just trust me on this. I’ve read a lot of music stories and CD reviews in ’08, and since I’m missing the crucial math gene, I can’t quantify the exact number of times the hallowed names of Arthur Russell, Neil Young, or Brian Wilson have been invoked, but believe me, they have, more times than group-think-phobic music writers care to admit. And that’s not to say the artists and recordings these canonical creators have displaced are now worthless: even admitting that a canon (or three or four) exists, let alone articuutf8g one, can be a dicey proposition — whether you’re among lit professors or cruising music crit circles. The very idea evokes exclusivity, hierarchy, neocon grandstanding, worries about exclusion, and allusions to dead white men. "I think most professors would not want to say there’s a canon but if you teach a course on American literature there are still things you want to teach," opined one tenured prof pal. "They’re critical of a canon but they still are creating a canon. It’s very implicit and unconscious in some ways."

Yet anyone who’s cared deeply enough about pop to critique it can’t help but notice the seismic shift in the ’00s — even as the state of criticism seems to wax and wane with the fortunes of a music industry still searching for an uploadable business model; music mags busily folding or scrambling for lifestyle advertising; and newspapers gutting their staffs and substituting arts criticism with reviews wrought by, say, sports copy editors. Meanwhile blogs generate a still-fluid mixture of earnest criticism, bracing truth-telling, and hands-free promotion. A canon — or the very idea of classics and common musical references that all agree on — presupposes a foundation of critical thought, and who can afford to judge amid the hand-wringing desperation of today’s music marketplace?

Who instigated this changing of the guard, this revised rock ‘n’ roll canon? Tastemakers, tastefakers, marketing minons, and branding blowhards? Writers, DJs, musicians, music store staffers, promoters, and Robert "Dean of American Rock Critics" Christgau? All Tomorrow’s Parties, Arthur, Pitchfork, and the Chunklet writers who dreamed up issue 20’s music journalist application form ("Would you admit to not actually being that familiar with your frequent points of reference you name-drop [e.g., Captain Beefheart or Gang of Four]?")? This very humble independently owned, independent-minded rag? We’ll never admit it — because the very notion of forging a new pop canon in this fragmented, un-unified, de-centered vortex of music-making, consumption, and collecting seems utterly ridiculous, if not downright moronic. Yet a generational aesthetic realignment has occurred, and as a wise friend once told me, shift happens.

KIMBERLY CHUN’S VITAMIN-FORTIFIED TOP 10-PLUS


BEAT SUITE Benga, Diary of an Afro Warrior (Tempa); Flying Lotus, Los Angeles (Warp); Portishead, Third (Mercury/Island)

EXOTICA Gang Gang Dance, Saint Dymphna (Social Registry); High Places, High Places (Thrill Jockey)

J-HEAVY Acid Mothers Temple and the Melting Paraiso UFO, Recurring Dream and Apocalypse of Darkness (Important); Boris, Smile (Southern Lord)

LIVE LOVES Fleet Foxes at Bottom of the Hill; High on Fire at Stubb’s; Jonas Reinhardt at Hemlock Tavern; MGMT and Yeasayer at BOH; My Bloody Valentine at the Concourse; Nomo at BOH; Singer at Rickshaw Stop; Stars of the Lid at the Independent

LOCALS ONLY The Alps, III (Type); Faun Fables, A Table Forgotten (Drag City); Tussle, Cream Cuts (Smalltown Supersound); Dominique Leone, Dominique Leone (Stromland); Mochipet, Microphonepet (Daly City)

PLEASANT NODS Beach House, Devotion (Carpark); Growing, All the Way (Social Registry); TV on the Radio, Dear Science (Interscope)

POP NARCOTIC Crystal Stilts, Alight of Night (Slumberland); Magnetic Fields, Distortion (Nonesuch); Times New Viking, Rip It Off (Matador)

PSYCHED Guapo, Elixirs (Neurot); Mirror Mirror, The Society for the Advancement of Inflammatory Consciousness (Cochon)

PUNX Fucked Up,The Chemistry of Common Life (Matador)

YESTERDAYS La Dusseldorf, Viva (Water); Graham Nash, Songs for Beginners (Rhino); Linda Perhacs, Parallelograms (Sunbeam); Rodriguez, Cold Fact (Light in the Attic); Dennis Wilson, Pacific Ocean Blue (Sony)

>>MORE YEAR IN MUSIC 2008

Broken but not broke

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Replife, a.k.a, Daniel Gray Kontar, leads a well-balanced life. How else can one describe a man who in one breath casually mentions that he’s a Ph.D. candidate at UC Berkeley’s School of Education and in the next brags that the parties at his pad in the North Berkeley Hills "are off the meat rack"? The Cleveland transplant has a lot going on, including a new album for London label Futuristica, The Unclosed Mind, which includes tracks produced by the cream of the broken beat crop, from New York’s Arch-Typ to New Zealand’s Mark De Clive-Lowe.

Like many rappers, Kontar got his start in a breakdancing crew where he evolved into an MC for local DJs and beatmakers. From there he stretched his lyrical talents beyond music, stepping into the realm of the written word, where he wrote for Cleveland newspapers and edited and published the underground monthly magazine Urban Dialect, and wrote poetry, climbing through the spoken word ranks until he was National Poetry Slam co-champion in 1994.

Almost 15 years later, Kontar is excited, yet a little bemused, by the release of his first album, which boasts production by the likes of Dego and Kaidi Taitham, of 4 Hero and Bugz in the Attic fame. "It was a case of being in the right place at the right time," Kontar recalled when asked how he lined up such in-demand producers. After he recorded some raps at a minute’s notice for Mark De Clive-Lowe on his Politik project, De Clive-Lowe suggested he ring up Dego, who lived around the way. "When you record with Mark de Clive-Lowe and Dego in the span of two days," he said, "things just kind of happen after that, y’know?" The favors have been returned, with the piano-and-cymbal bursts of the De Clive-Lowe-produced "Emerald City" and the robotic synth stutter of Dego and Taitham’s "Spirit," slotting in nicely next to tracks crafted by lesser-known artists.

From the bossa sway of "Pangea" to the sultry slap of "Put It Down," The Unclosed Mind shows an MC exploring the limits of broken beat, and Kontar said that, unlike some pundits, he doesn’t see the scene dying off, due in part to a recent wave of emigration. "Daz-i-Kue is in Atlanta; Mark de Clive-Lowe is in Los Angeles; and Dego is in Brooklyn. So I think that having these kinds of folks who are the foundation of the movement now in the states is going to increase people’s knowledge of the broken philosophy," he explained. "I call it the broken philosophy because it’s not necessarily a style of music as much as a state of mind or a feeling." (Peter Nicholson)
AFROTEK FESTIVAL
With Replife, Blaktroniks-, Jaswho?, and Douglas Pagan
Dec. 20, 9 p.m., $5
The Dark Room at Club Six
60 Sixth St., SF
(415) 863-1221
www.clubsix1.com

Tap dreams

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› amanda@sfbg.com

On Dec. 2 two water conferences were held in San Francisco, attended by very different groups of people.

Downtown, in a room deep within the Hyatt Regency hotel, executives from PepsiCo, Dean Foods, GE, ConAgra, and other major companies gathered for the Corporate Water Footprinting Conference. The agenda that the conference made public included a presentation by Nestlé on assessing water-related risks in communities, Coca-Cola’s aggressive environmental water-neutrality goal, and MillerCoors plan to use less water to make more beer.

But what these giant corporations, which are seeking to control more and more of the world’s water, really discussed the public will never know. Only four media representatives were permitted to attend — all from obscure trade journals not trafficked by the typical reader — and both the Guardian and the San Francisco Chronicle were denied media passes.

The event was sponsored by IBM, and tickets were $1,500 — out of reach for many citizens and environmentalists who might have liked to attend.

And why might people take such a keen interest in the kind of corporate conference that probably occurs routinely in cities throughout the world?

Because there’s almost universal agreement that the world is in a water crisis — and that big businesses see a huge opportunity in the privatization of water.

Only one half of 1 percent of all the water in the world is freshwater. Of that, about half is already polluted. Although water is a $425 billion industry worldwide — ranking just behind electricity and oil — one in six people still don’t have access to a clean, safe glass of it. If the pace of use and abuse remains, the 1.2 billion people living in water-stressed areas will balloon to more than 3 billion by 2030.

That includes California. On June 4, Gov. Arnold Schwarzenegger declared a statewide drought after two lackluster seasons of Sierra snowfall. Scientists are predicting the same this winter. You can see how the state is mishandling the issue by looking at some recent legislation. Schwarzenegger and Sen. Dianne Feinstein have proposed a $9.3 billion bond to build more dams, canals, and infrastructure. At the same time, the governor vetoed a bill that would have required bottled water companies to report how much water they’re actually drawing out of the ground.

In that context, while the big privatizers were hobnobbing at the Hyatt, activists were attending a very different event, the "Anti-Corporate Water Conference," held at the Mission Cultural Center. It was free and open to the public and the media. More than 100 people gathered to hear a cadre of international organizations share information on how to keep this basic human right — water — in the hands of people.

Speakers included Wenonah Hauter, director of Washington, DC-based Food and Water Watch; Amit Srivastava of Global Resistance, a group that works to expose international injustices by Coca-Cola; Mark Franco, head of the Winnemem Wintu Tribe, which lives among water bottling plants near Mount Shasta; and Mateo Nube, a native of La Paz, Bolivia, and the director of Movement Generation Justice and Ecology Project.

Nube spoke about water as a commons, requiring stewardship, justice, and democracy. "We’re literally running out of water. Unless we change the way we manage, distribute, and consume water, we’re going to have a real crisis on our hands," he said. Nube’s remarks tied together the tensions of control and revolt, democracy and privatization, ecological balance and human need — all enormous issues, all related to water and water scarcity, which the Worldwatch Institute has called "the most under-appreciated global environmental challenge of our time."

BASIC NEED, INFINITE MARKET


Water is a basic human need, perhaps even more important than clean air, food, and shelter. People will never strike against water and stop drinking.

And that means, from a capitalistic point of view, it’s a perfect, nearly infinite market. "As water analysts note, water is hot not only because of the growing need for clean water but because demand is never affected by inflation, recession, interest rates or changing tastes," wrote Maude Barlow in her 2007 book Blue Covenant.

If scarcity drives price, anyone with a stake in the water industry stands to gain from an increasingly water-stressed world. As Barlow also reported, "In 1990, about 51 million people got their water from private companies, according to water analysts. That figure is now more than 300 million." By controlling the resource and choosing when and if they engage with the public it allows some of the biggest water abusers to set the terms of a critical ongoing debate.

The fact that humans need water raises important questions: should water be classified as a basic human right available to everyone? Is water part of the commons? If so, should corporations be allowed to control the taps or bottle it, mark up the price, and sell it for profit?

Not much polling has been done on people’s opinions of water, but during 35 informal on-the-street interviews conducted by the Guardian, 31 people said it is a basic human right. The other four said it was subject to the laws of supply and demand.

This week marks the 60th anniversary of the United Nations Universal Declaration on Human Rights, and Barlow, who has been appointed special advisor on water to the UN, will be addressing the General Assembly on the fact that water is still missing from the original 30 Articles.

"The reason that water was not included in the original 30 Articles in the Universal Declaration of Human Rights is that no one at that time could conceive there would be a problem with water," Barlow told the Guardian. "It’s only in the last 10 years that the concept of water as a human right has come to the fore."

The problem has its roots in the inherent conflict between conservation and profit. Saving water is relatively cheap, but there’s no money to be made by eliminating waste. Developing expensive new water sources, though, is a potential private gold mine.

As Barlow points out in her book, technology is becoming an integrated part of the solution to the water crisis. Desalination plants, water recycling facilities, and nanotechnology are all being thrown at the problem — in some cases before a full assessment of use and abuse has occurred.

While technological solutions may be warranted in some places, Barlow worries that relying on them bypasses any true attempts at efficiency and conservation. "I’m not going to say there’s no place for water cleanup," she told the Guardian. "What I’m concerned about is we’re going to put all the eggs in the cleanup basket and not nearly enough in the conservation and source protection basket. What I’m concerned about is the idea that technology will fix it. Meanwhile, don’t stop polluting, don’t stop the over-extraction, allow the commercial abuse of water, allow the agricultural abuse of water because what the heck, there’s tons of money to be made cleaning it up. I think that’s the wrong way of coming at it."

The technological fix is one way the state’s water crisis may slowly seep into private sector control, and a couple of examples show what can happen when private companies don’t play nice with the public, how citizens constantly battle with state agencies to enforce regulations, and how the public process could and should be honored.

GET THE SALT OUT


In theory, California has plenty of water — its 700 miles of coastline border the giant reservoir known as the Pacific Ocean. But humans can’t drink salt water — and some companies see a nice industrial niche in that dilemma. Build a plant that takes out the salt, and suddenly there’s plenty for all.

Several small desalination facilities already exist throughout the state, mostly cleaning water reservoirs brined by agriculture. But another 30 desalination plants have been proposed for the coast as a way to deal with future water shortages.

One is in Carlsbad, near San Diego, where Poseidon Resources is constructing the only large-scale desalination plant that the state has permitted to date. It’s a 10-year-old project that, so far, doesn’t even have a pipe in the ground.

Despite Poseidon’s ability to grease the wheels with local officials, the facility is controversial. It sits next to a fossil-fuel burning peaker power plant, and will be desalinating the power plant’s discharge water, thus shielding its negative environmental impacts by claiming its the power plant that’s sucking up seawater and damaging marine life — the desalination plant is just making use of the wasted water.

That argument doesn’t sit well with Joe Geever of the Surfrider Foundation, who pointed out that part of the power plant is scheduled for a retrofit to air-cooling, and talk is of a potential state ban on using water for this type of cooling system. There are other more environmentally benign seawater extractions, he said, like drilling and capturing subsurface sources, that the desalination plant could have used.

Mostly, he contends, the plant subverts conservation. "Per capita consumption of water in San Diego is much higher than other places," he said. "In southern California we waste an enormous amount of water on growing grass. There’s a lot to be saved."

Poseidon, a private company, is footing the bill for the plant’s construction, but the financing scheme is predicated on a future increase in the cost of water. As Poseidon’s Scott Maloni explained to the Guardian, the contract with the San Diego Water Authority states that the cost of desalinated water can never be more than the cost of imported water. It can, however, walk in lock-step with it — and by all accounts the price to pipe water to sunny southern California is going to increase. Maloni said his company was taking an initial loss but would start paying itself back as imported water costs increase. Eventually rates will be set halfway between the real cost of desalinated water and the higher cost of imported water.

What kinds of guarantees are there that this will happen? Nobody knows. "They’ll say anything, but when it comes to showing you a contract, we’ve never seen anything," said Adam Scow of Food and Water Watch. "There’s a lack of regulation with a private company controlling the water."

The plant now has no less than three lawsuits hanging over it, all filed with state agencies in charge of permitting and oversight — the Coastal Commission, the State Lands Commission, and the San Diego Regional Water Quality Control Board. All basically contend that the state didn’t do enough to require Poseidon to implement the most environmentally sound technology that’s least harmful to marine organisms, as required by state law.

Geever stresses that desalination is an energy-intensive way to get water. "Every gallon of water you conserve is energy conserved," he said. "Not only could San Diego do more conservation, but they don’t recycle any wastewater to potable water standards. That’s much less energy intensive."

Poseidon counters by saying that it invested $60 million in energy efficiency measures for the plant and will be installing solar panels on the roof. Perhaps most telling is that the company sees itself as vending reliability. "It’s not the current cost of water the San Diego Water Authority is concerned about, but the future cost for an acre-foot," Maloni said. "There’s a dollar figure you can put on reliability. Public agencies are willing to pay us a little more for that."

Which gets back to a comment Barlow made about capitalizing on crisis. "We are frightened half to death and everyone who looks at it, right-wing or left-wing, sees that. … They use the crisis to say we have no alternative except to go into massive desalination plants."

And, as Peter Gleick, president of the Pacific Institute pointed out, San Diego wasn’t calling for proposals to bring it more water. "Poseidon wanted to build a desalination plant and it came to San Diego. That’s one way to do it. The other way is for a municipality to say we want a desalination plant, we’re opening it up to bids, let’s have a competition. That didn’t happen, and instead we have one contractor."

Geever added, "Poseidon has been really successful at lobbying politicians and convincing regulators to give them permits."

Which points to one of the chronic ills of managing water systems, particularly in California where water has always been political. "In the 20th century decisions about water were made by white males in back rooms," said Gleick. "It solved a lot of problems, but it led to a lot of environmental problems. The days when water decisions made in back rooms should be over. And they aren’t over, and that’s part of the problem."

DELTA BLUES


Nowhere is that more obvious than the delta, where the state’s two most prominent rivers — the Sacramento and the San Joaquin — meet the Pacific Ocean just north of San Francisco. It’s ground zero for one of the most charged political fights in the state.

Two-thirds of California’s water comes from the delta. About 80 percent of it goes to cropland, watering about half of the state’s $35 billion agricultural industry, much of it through historic water rights that have been granted to a small lobby of powerful growers who sell their surplus rights for profit. Another 18 percent goes to urban water needs, and — in spite of the fact that this is the largest estuary on the west coast of North and South America — only 2 percent of the water remains for natural environmental flows.

Delta issues are legion and begin at the headwaters of the Sacramento River, near Mount Shasta, a land Mark Franco describes as an Eden. "The deer, salmon, and acorns that we eat — everything that we need is there," Franco told the Guardian. "It’s such a beautiful place. Now they’re drying it, that Eden."

Franco is head of the Winnemem Wintu, or "little water people" tribe, and is fighting the first phase of water diversions from the Sacramento River, 200 miles north of the capitol where companies like Coca-Cola, Crystal Geyser, and now, potentially, Nestlé, pump millions of gallons a year into small plastic bottles and ship it around the country to sell in groceries and convenience stores.

"Here in the US, people have become soft. They’ve become so used to just having things directly handed to them that they no longer understand where their water comes from," he said at the anti-corporate water conference. "Realize this: those springs on Mount Shasta are not an infinite supply of water."

After the Sacramento feeds the bottled-water companies, what remains wends its way south, with more diverted directly to farmers and into the State Water Project, which pipes it to drier southern regions. What’s left empties into the delta.

A lack of fresh water, flagging environmental preservation, increasing agricultural needs, and leveed island communities that are seismically unsafe and sinking, all mean the delta is failing as an ecosystem, and has been for some time. Chinook salmon and delta smelt populations are collapsing to such an extent that court orders have halted a percentage of water diversions and salmon fisherman were forced to dock their boats this year. Levees are crumbling, causing islands to flood and raising ire among landowners. Farmers with historic water rights are fiercely protective of them, while environmentalists are lobbying them to use more conservation and efficiency.

Nearly all stakeholders agree that the status quo won’t hold.

The challenge is finding a solution. Ending exports seems impossible, limiting them means massive investments in other resources. No one agrees on what will really save the endangered salmon and smelt or improve conditions for the 700 other native plants and animals.

In 2006, the governor convened a seven-member Delta Vision Blue Ribbon Task Force, which released a strategic plan in October calling for balancing co-equal goals of ecological restoration and water reliability.

The plan also specifically recommended a dual conveyance system similar to what was proposed in a study by the Public Policy Institute of California. It combines some through-delta pumping with a peripheral canal around the delta. PPIC crunched the numbers and determined that the canal was economically better than any of the four options they had weighed.

The peripheral canal idea isn’t new, but it’s been controversial since it was first proposed almost three decades ago. The plan was ushered by then-Gov. Jerry Brown, but defeated by voters in 1982 after a major organizing effort by environmentalists. (Whether voters will cast ballots on it this time remains to be seen, though the Attorney General’s Office, now headed by Brown, has counseled the Department of Water Resources, which is charged with implementing whatever plan is decided upon, that a vote of the people isn’t required.)

Shortly after its release in July, the PPIC report was criticized by five elected Congressional Democrats — Reps. George Miller, Ellen Tauscher, Doris Matsui, Mike Thompson, and Jerry McNerney. "The PPIC report should not be used to ignore the many things that can be done today to restore Delta health, including providing necessary fish flows, undertaking critical ecosystem restoration projects, and making major investments in water recycling and improved conservation measures," Miller said.

Numbers used by the PPIC report have also been criticized by Jeffrey Michael, a business professor at the University of the Pacific in Stockton. In an analysis of PPIC’s work, Michael said the group had used inflated population figures, as well as high costs for desalinated and recycled water, therefore resulting in a report that made it look like it was too expensive to end delta exports altogether and replace them with other water sources.

The PPIC said the state’s population would be 65 million by 2050, that desalinated water costs $2,072 per acre-foot, and recycled water goes for $1,480 per acre-foot — numbers that were scaled to 2008 dollars from 1995 figures. Michael contends that if the numbers were adjusted to reflect actual costs, the peripheral canal wouldn’t look like such a sweet deal.

Maloni, of Poseidon Resources, said the desalinated water cost would be $950 per acre-foot for San Diego, including a $250 subsidy. A similar plant the company is hoping to construct in Huntington Beach will be about $50 more per acre foot.

When asked if $2,100 per acre-foot was a reasonable figure for desalinated water in California, Maloni said, "That’s nuts."

What does all this illustrate? That even among a small cast of purported experts there’s little consensus on several fundamental issues.

Adding more fuel to the fires of public skepticism is that a third of the funding for the PPIC report came from Stephen D. Bechtel Jr. — heir to the Bechtel Corp., which has come under tremendous criticism for its moves to privatize water around the world.

"That is very upsetting to us. They would stand to gain a lot with a contract to build a peripheral canal," said Barbara Barrigan-Parrilla of Restore the Delta.

PPIC’s Ellen Hanak said the funding didn’t affect their findings. "It’s really much more linked to the fact that the foundation is really interested in the environment and water is a part of that."

Linda Strean, the PPIC’s public affairs officer, told the Guardian that it was Bechtel himself who wrote the check, not the foundation. It’s the first time Bechtel has given to PPIC.

But considering Bechtel’s past performance managing water, it doesn’t inspire much confidence.

BECHTEL’S BIG ADVENTURES


In April, Cesar Cardenas Ramirez and César Augusto Parada, traveled from Guayaquil, Ecuador, to San Francisco. The two men were on a fact-finding mission: they wanted to know more about the company that owns Interagua, the company that is supposed to deliver the drinking water that only occasionally comes out of the taps in their homes.

One of the first things they discovered is that 50 Beale St. doesn’t necessarily advertise itself as the home of Bechtel — one of the world’s largest private corporations, with global construction and infrastructure contracts amounting to billions of dollars annually.

In Guayaquil, water service has been problematic for decades. During the 1990s the country received a loan from the Inter-American Development Bank to improve basic infrastructure. The money was given directly to the government, but like many World Bank and International Monetary Fund loans granted throughout Latin America at the time, it was predicated on an eventual privatization of the water service contract.

The money helped — water conditions improved, and the city seemed to be on track to bring service to outlying areas. But in 2000, the city, abiding by the loan conditions, requested bids to run the water and sewage systems. No bids were received. Leaders scaled back provisions that kept some control in the hands of the government, and they got one response. In 2001, Interagua, a company owned by Bechtel, took over water service.

"Since the contract, nobody has been able to drink the tap water," Cardenas, who represents the Citizen’s Observatory for Public Services, a watchdog group formed in Guayaquil to monitor the water contract between the government and Interagua, told the Guardian. "Prior to the contract you could drink the tap water, although there were some sections of the city where the plumbing was old and inadequate."

Even though Interagua is managing a public service, because it’s a private company, information about its exact responsibilities have been elusive. The Observatory does know that Interagua pays nothing for the water it draws from the local river, is guaranteed a 17 percent rate of return, and that it has a minimum mandate to expand service. What’s also known is its citizens’ experience — during the first six months of the contract, some rates were increased 180 percent.

Bechtel’s SF office refused to meet with the two men or answer their phone calls, e-mails, and letters, which highlights the inherent problem with corporate control of water — a lack of accountability. Bechtel didn’t answer any of the Guardian‘s detailed questions regarding the Interagua contract, and only provided a three-page letter originally drafted to the World Bank in December 2007, that paints a rosy scene of productivity and accomplishment in Guayaquil.

"At present, over 2.1 million residents of Guayaquil (84 percent of the population) are connected to the municipal potable water system, and more than 90 percent of the customers have 24-hour per day, uninterrupted service." The letter goes on to state that coverage is expanding with new connections, water quality meets public health standards, prices have decreased, and procedures are in place to help customers who have higher than average bills.

"There are things that have improved, yes," said Emily Joiner, who spent last summer in Ecuador and is author of the book Murky Waters, a history of water issues in Guayaquil published by the Observatory in 2007. But the bottom line is that citizens pay for the service, but they can’t drink the water.

"You still don’t drink the water anywhere in the city at any time," said Joiner. People buy bottled water or boil it. "Bottled water is expensive, as a percentage of income," she said.

Whereas water service was previously priced more like a progressive income tax, with the lowest consumers paying the lowest rates, Interagua has flattened out the rate structure and now big water consuming businesses are paying the same as residents. "It’s pricing some families out of the market," Joiner said. "It’s great for business. It’s not great for people who don’t have enough water to bathe or wash their clothes."

The Observatory would like the water system turned back over to the government. The local authority, which once ran the water service and is now charged with overseeing Interagua, fined the company $1.5 million for not meeting goals for expanding service. According to Joiner, there’s been no follow-up on whether the company is meeting those goals now.

The Observatory also filed complaints with the World Bank, which attempted a settlement, but, according to Joiner, representatives from Interagua refused to sit down at the same table as Cardenas. "The process stalled," Joiner said. "Interagua said the issue had become too politicized. César [Cardenas] has a reputation for rabble-rousing, and at the time he was lobbying for constitutional amendments outlawing privatization. Interagua considered it negotiating with a hostile party."

A new constitution was passed in September that does, in fact, outlaw privatization, but still allows existing contracts to be honored if they pass a government audit.

In the meantime, the local rumor is that Bechtel is arranging to sell Interagua to another company. Bechtel wouldn’t confirm this, and no one could say more beyond what was reported in speculative articles in Guayaquil’s local newspapers.

It wouldn’t be the first time Bechtel bailed on an international water contract. In what was part of a massive privatization of a variety of Bolivia’s national services, in 1996 the World Bank granted the city of Cochabamba a $14 million loan to improve water service for its 600,000 citizens. Like Ecuador, there were strings attached: a future privatization of the city’s water service. It was sold to Aguas del Tunari, the sole bidder — also a subsidiary of Bechtel. Almost immediately rates increased by nearly 200 percent for some families. In January 2000, people stopped paying, started rallying, and the water war began.

Led by La Coordinadora for the Defense of Water and Life, organizers shut down the city, physically blockading roads and demanding the regional governor review the contract. The battle went on into February, resulting in injuries to 175 people and the death of one. Originally the government announced a rate rollback for six months, but the Bechtel contract remained. "The [Bechtel] contract was very hard to get a hold of," Omar Fernandez of the Coordinadora told Jim Schulz of the Democracy Center. "It was like a state secret." Once they did examine a copy of it, Bechtel’s sweetheart deal for a guaranteed 16 percent profit was exposed and people demanded a full repeal.

Eventually, the residents got it, and though decent water service in Cochabamba is still elusive, the water war has become the poster child for successful grassroots activism.

"One of the most inspiring struggles around community control of water happened in Cochabamba, Bolivia, in the year 2000, when international corporation Bechtel — based here in San Francisco — privatized the municipal water system and hiked the water rates for citizens by 30 to 40 percent. Thankfully, there was a popular upsurge. It was a very bitter struggle and people succeeded in turning control back to public hands.

"This success changed the public debate in Bolivia," said Mateo Nube, a native of La Paz, Bolivia, who spoke at the anti-corporate water conference. "People said ‘enough’ to privatization, enough to corporate control. We need to seize control of our government."

You don’t have to go to Bolivia to find water-privatization battles. In 2002, catching wind that the city of Stockton was on the brink of privatizing its water services, the Concerned Citizens Coalition rallied signatures for a ballot measure against the idea. Weeks before the vote, the Stockton City Council narrowly approved one of the west’s largest water privatization deals — a 20-year, $600 million contract with OMI-Thames. The ballot measure still received 60 percent approval, and activists took the issue to court arguing there hadn’t been a proper CEQA process. In January 2004, according to the Concerned Citizens Coalition Web site, "San Joaquin County Superior Court Judge Bob McNatt ruled in our favor — we won on all points. The judge ruled that privatizing, in and of itself, needed environmental review." The city appealed, but eventually dropped the suit and OMI walked away in March 2008.

PUBLIC AGENCY, PUBLIC PROCESS


Bechtel also failed to hold on to a more local contract, a $45 million deal with the SFPUC to manage the first phase of its multibillion dollar Water System Improvement Project. After a 2001 story by the Guardian exposed Bechtel’s exorbitant billing for services that resulted in few gains (see "Bechtel’s $45 million screw job," 9/12/01), the contract was revoked by the Board of Supervisors and granted to Parsons, which runs it now.

Years later, in 2007, when the SFPUC released a draft of the Environmental Impact Report for the $4.4 billion project, massive public outcry arose against it. The plan outlined major seismic upgrades for miles of aging water infrastructure between San Francisco and Yosemite National Park, where the headwaters of the Tuolumne River are captured by a giant dam in Hetch Hetchy Valley and gravity-fed to the city. While the EIR projected little additional water use for San Franciscans, it called for diverting an additional 25 million gallons of water per day from the Tuolumne to meet the needs of 23 wholesale customers in San Mateo, Santa Clara, and Alameda counties.

The Pacific Institute and Tuolumne River Trust collaborated on a study showing that 100 percent of the anticipated water increases were for those wholesale customers — most of it for outdoor water use. The SFPUC hadn’t factored in any increased conservation, efficiency, or recycling measures, nor had it independently questioned the growth numbers.

The EIR received upwards of 1,000 public comments, more than any other document ever generated by the SFPUC. Environmental groups rallied, writing editorials, flooding public meetings, and asserting a different vision of the Bay Area’s water future and stewardship of its primary, pristine water resource.

And it worked. "We got about 95 percent of everything we wanted out of the WSIP process," said Jessie Raeder of the Tuolumne River Trust. "We do consider the WSIP a huge win for the environmental community … because we were able to organize and get a seat at the table and discuss this with the PUC." She said the Bay Area Water Stewards, a coalition of environmental groups, met with the PUC nearly every month and slowly the initial additional river diversions were pared down to a possible 2 million gallons. Also, a cap has been placed on any diversions until 2018, which gives agencies time to implement conservation and efficiency measures.

The SFPUC feels positive about it, too. "We are really thrilled that the program EIR was approved by the Planning Commission, approved by the PUC, and not appealed," said spokesperson Tony Winnicker. He said there were really controversial elements and the trick was balancing the competing interests of wholesale customers and environmental groups. "It took a really hard-nosed look at our demand projections and what we could really do for conservation." He concedes there are still controversies, in particular over the Calaveras Dam, which the Alameda Creek Alliance opposes. "It would be hubris for us to say it’s been a complete success."

"This is a process that would only occur through a public agency," Winnicker added.

"What we saw with the WSIP was a solution where everything was fully transparent," Raider added. "It was all a public process, and there was plenty of opportunity for public input."

Which is really what a public water utility should be doing. "When you’re talking about public water, it isn’t them, it’s us," said Wenonah Hauter, director of Food and Water Watch. "A public water system is only as good as the people involved with it."

DRINK LOCALLY


"This conference isn’t a public event," organizer Andrew Slavin told the Guardian when we tried to gain admittance to the Corporate Water Footprinting Conference. While water activists rallied outside deriding the corporations inside for greenwashing their images, Slavin said that the fact that the conference wasn’t open to the public proved that the corporations weren’t trying to do environmental PR. "If they’re trying to do greenwashing this isn’t the place to do it. The aim is to try to share information."

Slavin pointed to representatives speaking from the Environmental Protection Agency, the SFPUC, and NGOs like the World Wildlife Fund. From an environmental perspective, if these companies are going to be using water, isn’t it worth working with them to reduce their impacts?

"There are companies I call water hunters," explained Maude Barlow. "They destroy water to make their products and profit. Unfortunately, some of the companies that are leading this conference are bottled water companies. I don’t know how you can become ‘water neutral’ if your life’s work is draining aquifers."

Many water activists consider bottled water the low-hanging fruit as far as getting people to change behaviors. San Francisco banned the use of tax dollars to buy it, and the SFPUC has been promoting its pristine Hetch Hetchy tap water, gravity-fed from Yosemite National Park. "Bottled water companies are basically engaged in a multiyear campaign. Their marketing approach is you can’t trust the tap, your public water isn’t safe," Winnicker said.

Slavin said he thought it was weird to protest the conference, because the corporations are genuinely trying to avoid conflicts. He pointed to a company called Future 500 that has created a business out of mediating between corporations and communities. "It’s hard for companies to speak to people so they use other companies to do it," Slavin said.

In fact, representatives from Future 500 appeared to be the only conference attendees who stepped outside to watch the protest.

"I think it’s great," Erik Wohlgemuth of Future 500, said of the protest. "I think press should have been there. I think more of these voices should have been there. My personal view is they need to come up with some sort of reduced rate to allow these nonprofits to attend these kinds of conferences."

Jeremy Shute, a representative from global infrastructure company AECOM who was standing with Wohlgemuth, said, "There’s a tremendous amount of research and thought going into these questions and it would be great if that knowledge could be shared."

But is that going to happen when private companies cite "proprietary interest" as a reason for not sharing more information about their businesses? Or when they don’t have to abide by public records laws, leaving their contracts shielded from public scrutiny? Or when they refuse to answer calls from their constituencies and the media? In which case, should those advocates be in the same room as some of the biggest water users in the world? When pressed with the question, Slavin seemed stumped. "Why didn’t we invite them?" he asked. Then, after a long, thoughtful pause, he said, "I don’t know."

————————

WATER, BY THE NUMBERS

One-half of 1 percent of the world’s water is fresh. [1]

Of that .5 percent, about 50 percent is polluted. [2]

One in 6 people don’t have access to clean, safe water. [3]

Five food and beverage giants — Nestlé, Unilever, Coca-Cola, Anheuser Busch, and Groupe Danone — consume almost 575 billion liters of water per year, enough to satisfy the daily water needs of every person on the planet. [4]

The average human needs about 13 gallons of water each day for drinking, cooking, and sanitation. [5]

An average North American uses about 150 gallons of water each day. [6]

An average African: 1.5 gallons. [7]

An average San Franciscan: 72 gallons. [8]

The average Los Angeles resident: 122 gallons. [9]

About half the water used by a typical home goes for lawns, gardens, and pools. [10]

50 percent of US water comes from non-renewable groundwater. [11]

86 percent of Americans get their water from public water systems. [12]

80 percent of California’s homes get water from public systems. [13]

The 20 percent of CA households receiving water from privately-owned systems pay an average of 20 percent more for it. [14]

Of the 4.5 billion people with access to clean drinking water worldwide, 15 percent are buying it from private water companies. [15]

It takes 3 liters of water to produce 1 liter of bottled water. [16]

Tests of 1,000 bottles of water spanning 103 brands revealed that about one-third contained some level of contamination. [17]

The bottled water industry is worth $60 billion a year. [18]

Water is the third biggest industry in the world, worth $425 billion, ranking just behind electricity and oil. [19]

About 70 percent of CA’s water lies north of Sacramento, but 80 percent of the demand is from the southern two-thirds of the state. [20]

[1] www.gwb.com.au/gwb/news/mai/water12.htm

[2] Maude Barlow, interview with SFBG

[3] foodandwaterwatch.org/world/utf8-america/water-privatization/ecuador/bechtel-in-guayaquil-ecuador

[4] The Economist magazine

[5] www.ens-newswire.com/ens/mar2002/2002-03-22-01.asp

[6] www.canadians.org/water/publications/water%20commons/section4.html; environment.about.com/od/greenlivinginyourhome/a/laundry_soaps.htm

[7] montessori-amman-imman-project.blogspot.com/2008/01/in-news-interview-with-ariane-kirtley.html; answers.yahoo.com/question/index?qid=20080304195801AAnrv4Y

[8] sfwater.org/mto_main.cfm/MC_ID/13/MSC_ID/168/MTO_ID/355

[9] www.nwf.org/nationalwildlife/article.cfm?articleId=928&issueId=68

[10] American Water Works Association

[11] www.canadians.org/integratethis/water/2008/May-28.html

[12] www.foodandwaterwatch.org/water/private-vs-public

[13] California Public Utilities Commission

[14] Black and Veatch’s 2006 California Water Rate Survey

[15] www.canadians.org/water/publications/water%20commons/section2.html

[16] www.pacinst.org/topics/water_and_sustainability/bottled_water/bottled_water_and_energy.html

[17] Natural Resources Defense Council study, "Pure water or pure hype?" (1999)

[18] www.bottlemania.net/excerpt.html

[19] www.timesonline.co.uk/tol/money/article4086457.ece; thegreenblog.leedphilly.com

[20] www.energy.ca.gov/2005publications/CEC-700-2005-011/CEC-700-2005-011-SF.PDF

Ricky Angel and Katie Baker assisted with research.

Cue the clowns

0

› steve@sfbg.com

The circus doesn’t come to San Francisco, but its performers do, sexy and talented dreamers who bring a creative energy that has transformed the city’s nightlife and counterculture. Spinning aerialists and dancing clowns now proliferate at clubs and parties, and their number has more than doubled in recent years.

They come from towns across the country — often via Burning Man, where they discover their inner performers, dying to burst out, and other kindred spirits — to a city with a rich circus tradition, which they tweak and twist into something new, a hybrid of the arts and punk sideshow weirdness. It’s the ever-evolving world of Indie Circus.

One of the biggest banners these performers now dance and play under is Bohemian Carnival, which draws together some of the city’s best indie circus acts, including Vau de Vire Society, the clown band Gooferman, and Fou Fou Ha, acts that fluidly mix with one another and the audience.

Last Saturday, as families across the country shopped and shared Thanksgiving leftovers, this extended family of performers rehearsed for that night’s Bohemian Carnival. Fou Fou Ha was in the Garage, a SoMa performance space, working on a new number celebrating beer with founder/choreographer Maya Culbertson, a.k.a. MamaFou, pushing for eight-count precision.

"Do it again," she tells her eight high-energy charges, who look alternatively sexy and zany even without the colorful and slightly grotesque clown costumes they don for shows. I watch from the wings as they drill through the number again and again, struck by how the improvised comedy at the song’s end changes every time, someone’s new shtick catching my eye and making me smile.

"That’s what we love the most, the improv element to it," Culbertson tells me. "We see how far you can take it and not break character."

As Fou Fou Ha wrapped up and headed home to get ready for the show, Gooferman and Vau de Vire were just starting to rehearse and set up over at the party venue, DNA Lounge. Reggie Ballard was up a tall ladder setting the rigging, the dancers stretched, Vau de Vire co-founder Mike Gaines attended to a multitude of details, and Gooferman frontmen Vegas and Boenobo the Klown played the fools.

"I feel like I’m on acid," Vegas said evenly, his long Mohawk standing tall.

"Are you?" Boenobo said, perhaps a little jealous.

"No, I wish," Vegas replied. "But that’s why it’s weird."

"Huh," Boenobo deadpanned. "Weird."

Fucking clowns. I decide to chat up a dancer, Rachel Strickland, the newest member of Vau de Vire, who stretched and unabashedly changed into her rehearsal clothes as she told me about why she moved here from North Carolina in July 2007.

"I waited a long time for this. I always knew I wanted to come to San Francisco and work on the stage, doing something in the line of Moulin Rouge, with the costumes and that kind of decadence and debauchery," Strickland said, oozing passion for her craft and the life she’s chosen, one she said has met her expectations. "I danced as much as I could my whole life and I have an overactive imagination, so it’s hard to shock me."

Not that Vau de Vire hasn’t tried. Shocking people out of their workaday selves is what the performers try to do, whether through vaudeville acts, dance routines, feats of skill, or just sheer sensual outlandishness. Vau de Vire choreographer Shannon Gaines (Mike’s wife of 19 years) also teaches at the local indie circus school Acrosports and, with beatboxer and performance artist Tim Barsky, directs its City Circus youth program, which combines hip hop and other urban art forms with circus.

Gaines has been a gymnast and dancer all her life, skills that she’s honed into circus performances she does through five different agencies, often doing corporate events "that involve wearing a few more clothes" and other more conventional performances.

"The other seems like work to me. But this," she said, a wry smile coming to her lips, "is like dessert. This is what excites me."

She’s not the only one. With their growing popularity, San Francisco’s indie circus freaks are juggling an increasingly busy schedule and developing even bigger plans for the new year, including a national tour and an extravaganza called Metropolus that would reinforce San Francisco’s reputation as the best Big Top in the country.

As Boenobo told me, "It’s a moment in time when there’s something big developing in San Francisco."

MIMES AND PICKLES


The circus arts are ancient, but San Francisco’s unique role in morphing and perpetuating them trace back to the 1970s when Make-a-Circus arrived here from Europe — where circus traditions are strong — and the local, organic Pickle Family Circus was born.

Wendy Parkman, now a board member at San Francisco Circus Center, the circus school she helped develop in conjunction with the Pickles and legendary performer Judy Finelli, worked for both circuses and described how they derived from San Francisco’s vibrant arts scene and its history of grassroots activism.

"It was just a wonderful, spontaneous bubble, a renaissance of circus activity," Parkman told the Guardian. "It was an outgrowth of the fabulous ’60s and the involvement of people with community and politics and art."

Parkman and many others trace the local lineage of a renaissance that came to be known as New Circus back to the San Francisco Mime Troupe, which in 1959 started doing political theater that incorporated comedy (or more specifically, Commedia dell’Arte), music, farce, melodrama, and other aspects of clowning.

"It really started with the San Francisco Mime Troupe, and it flourishes here because of the rich arts culture that we’ve always had here," Jeff Raz, a longtime performer with both original SF troupes who started the San Francisco Clown Conservatory and recently had the title role in Cirque du Soleil’s Corteo, told the Guardian.

"San Francisco felt like a place where things could happen that were socially and politically relevant," Parkman said. "Circus has always been a people’s art form. It’s a great way of getting a lot of people involved because it takes a lot of people to put on a show."

Perhaps even more relevant to the current indie circus resurgence, both Make-a-Circus and the Pickle Family Circus reached out to working class neighborhoods in San Francisco, where they would do parades and other events to entertain the people and generate interest in the circus.

"It was happy, healthy, and accessible to people of all ages, classes, and backgrounds," said Parkman said, who noted that things began to change in the 1980s as funding for the arts dried up and Pickle hit hard times.

"The Pickle Family Circus was a grassroots circus that was part of a real renaissance. Unfortunately, it didn’t go very far," Dominique Jando, a noted circus historian who has written five books on the circus and whose wife teaches trapeze at the Circus Center, told the Guardian.

Still, the Pickle legacy lives on in the Circus Center and Acrosports, making San Francisco and Montreal (birthplace of Cirque du Soleil, whose influence has also propelled the indie circus movement) the two major hubs of circus in North America. Unlike Europe, Russia, and China, where circus training is deeply rooted and often a family affair passed from generation to generation, Jando said, Americans don’t have a strong circus tradition.

"We are really the poor children of the circus world. There is not the same tradition of circus here that there is in Europe," said Jando, a native to France who now lives in San Francisco. "Learning circus is like ballet, and it’s not really in the American psyche to work and train for seven years for a job that offers modest pay."

Homegrown spectacles like Ringling Brothers and Barnum & Bailey Circus commercialized the circus and transformed it into the three-ring form that sacrificed intimacy and the emphasis on artistry and narrative flow. Traditionally in Europe, the clowns and music structured a circus performance, with the punctuation and interludes provided by the acrobats and other performers of the circus arts.

"It’s the superhuman and the supremely human, who are the clowns," is how Raz defines circus. "Clowns are becoming more central to the circus, the supremely human part, and that has a lot to do with our times."

Raz, Jando, and Parkman all pointed to the sterile excesses of the televised, digitized, Twittering, 24/7 world we live in as feeding the resurgence of circus. "It points to a demand by the audience to see something more down to earth and real," Jando said. "There is a need to go back to basics."

"It’s a response to the overly technological world we’re living in. People want to go back to what the human body can do and be in the same place as the performers," Parkman said. "One of the concepts of the Pickles was that it was drawing on the European model. I’d say what’s going on now in San Francisco is an offshoot of what the Pickles did."

Raz said the rise of Indie Circus and its influence on the local arts scene is consistent with his own experiences as an actor and clown. He used to keep two resumes, but performers today are often expected to be steeped in both disciplines, letting one inform the other and opening up new forms of creative expression.

"That melding that you’re looking at, from the club scene to Burning Man, is seeping into a lot of the world," Raz said. "Circus is very much a living art form."

Somehow," Jando said, "it has become a sort of counterculture on the West Coast."

INDIE, THE NEW NEW CIRCUS


Boenobo and Vegas haven’t done any real training to become clowns. They’re performers who use the clown shtick to build a fun and fantastical world off their solid musical base.

"There has to be whimsy. People take themselves so seriously," Boenobo said, noting that it was in response to the serious-minded Winter Music Conference in 2001 where he had the idea of having the members of his new band, Gooferman, dress as clowns. It was a lark, but it was fun and it stuck, and they’ve been clowns ever since.

"The clown thing floats my boat. It is a persona I really dig. And the band kicks ass. We’re all just super tight. The Bohemian Carnival is just a bunch of friends, like a family ejected out of different wombs," he said.

The band does kick ass. Setting aside the clown thing, their tunes are original and fun, evoking Oingo Boingo at its early best, particularly since the summer, when Boenobo and Vegas brought in a strong new rhythm section. But it’s the collaboration with Vau de Vire and the other groups that round out Bohemian Carnival and really bring it to life.

"People say it just blew my mind, and that is the immortality of it," Boenobo said. "It’s super-fucking gratifying, really. It’s just stupid."

They performed last month at the Hillbilly Hoedown inside a giant maze made of hay bales in Half Moon Bay, with the clowns and circus performers creating a fantastical new world for the partygoers. As Gooferman played, Shannon broke the rules and danced atop a hay bale wall behind the band, conveying pure danger and backwoods sex appeal.

"The Gooferman character is called Bruiser or Shenanigans," Shannon said of her performer alter egos. "She does the things that you’d get kicked out of a party for, but I can get away with it."

She considers herself more of a "fluffer" than a dancer, and while Gooferman plays, she gets the band and crowd charged up by pushing the limits of silliness and composure herself and seeing if they’ll follow. "So they’re thinking, wow, if she can do that, I can do all kinds of things."

Their world not only includes practitioners of circus arts (contortionists, aerialists, trapeze artists, clowns, and the like), but also the fashion scene (including outlandish local designers such as Anastasia), painters, sculptors, dancers, actors, fire artists, and DJs like Smoove who bring a certain zany flair to the dance parties.

"It’s hybridized. So it’s not just circus arts with some musical backing," Boenobo said. Instead, it creates a fun and whimsical scene that makes attendees feel like they’re part of something unusual, fun, and liberating. "Immersion is very important."

That’s why the Bohemian Carnival and its many offshoots try to break down the wall between the performers and the audience, who often show up in circus or Burning Man styles, further blurring the borders.

"When you break down that big third wall, there’s no pretense," Mike Gaines said. "It’s really about the party and the community."

Clowns circulate in the crowd, interacting with the audience while aerialists suddenly start performing on ropes or rings suspended over the dance floor. It draws the audience in, opens them up, makes them feel like they’re part of something.

"All of the sudden, people get to realize the dream of running away with the circus, but they get to leave it at the end of the night," Boenobo said with a wink, "which they generally like."

"The line of where circus starts and ends has been blurred," said kSea Flux (a.k.a. Kasey Porter), an indie circus performer who earlier this year started Big Top Magazine (www.bigtopmagazine.com) to chronicle the growing culture. "I love the old-school circus, but as with everything, it needs to be able to evolve to continue to grow."

When he joined the indie circus movement five years ago, performing with the Dresden Dolls, Flux said it transformed his life. He quit his corporate job and started developing his art and trying to make a living in the circus arts, including promoting the culture through the magazine.

"I found the circus and was completely filled with a new life," Flux said, noting that it was through his long involvement with Burning Man that he was exposed to the circus scene. "I think Burning Man gives a platform for it. People get stuck in their jobs and there’s this great week when you can let go and be what you want to be."

That’s also how the talented aerialist and hooper who calls herself Shredder got into this world, which she’s now explored in both the traditional circus and the indie variety, preferring the latter.

"I didn’t even know it was possible, but I just love it," said Shredder, who worked as a firefighter, EMT, and environmental educator before getting into performing through Burning Man, where Boenobo set up the Red Nose District in 2006 for all the many offshoots of the indie circus world that attend the event.

Shredder developed hula hoop and aerial routines, training hard to improve her skills and eventually was hired by the Cole Brothers Circus in 2006 to do aerial acrobatics and hooping. Founded in 1882, Cole is a full-blown circus in the Ringling Bros. tradition, with a ringleader, animals, and trained acrobats. Shredder toured 92 cities in 10 months until she felt the creativity and joy being snuffed out by the rote repetition of the performances.

"We did the exact same show everyday. It was like Groundhog Day but worse; same show, different parking lot," said Shredder, who later that Saturday night did a performance with more than a dozen hula hoops at once. "Then I heard about Vau de Vire through some fellow performers and I just heard they were doing really well and I wanted to be with a group like that … I was just so happy that they were willing to help me design my vision as an artist."

COMING TOGETHER


The Bohemian Carnival name and concept was actually an import from Fort Collins, Colo., where Mike and Shannon Gaines created the Vau de Vire Society as part of the performance and party space they operated there in a 100-year-old church that they purchased.

Mike’s background was in film; Shannon was a dancer; and the world they created for themselves was decidedly counterculture. So was their space, the Rose Window Experimental Theater and Art House, which they operated from 1997 to 2001 and lived in with 20 of their bohemian friends.

"It allowed us to really get to know ourselves. We had all day to just rig up any kind of performance we could imagine," she said. "If you had a crazy idea, you could just come on over at 3 a.m. and do it."

Their signature events were themed parties that would open with performances of about 30 minutes, usually combining music, dance, and performance art, followed by a dance party that was essentially an all-night rave. Initially the performances just drew off of the creativity of their friends, including those Shannon danced with. The themes were often risqué and sometimes included nudity.

The performances evolved over time, bringing in talent such as Angelo Moore of the band Fishbone, who is still a regular part of their crew. They were all attracted to the freaky side of performance art, which drew them toward sideshow, vaudeville, and circus themes and expanding what was technically possible. "We ended up getting a rigger in and just flying around the theater," Mike said.

In 2000, they did their first Bohemian Carnival event. "That’s when we started dabbling in the circus," Mike said.

While the events gained regional acclaim in newspapers and were supported by notables figures, including the town’s mayor, there was a backlash among local conservatives, including some who objected to how a traditional church was being used for raves by these bohemian freaks.

In 2001 they decided to search for a new home. "We looked around for the place that would be most accepting of what we were doing," Mike said.

San Francisco was known to be accepting of their kind, and there were groups here that were edging toward similar kinds of parties, including Infinite Kaos and Xeno (and its predecessor, Awd), as well as the band Idiot Flesh, not to mention the more serious circus being done at the Circus Center and Teatro Zinzanni.

"San Francisco, in this country, is a real hotbed for circus. So we were like, ‘Now we can bring in legitimate circus performers," Mike said. Shannon got a job teaching at Acrosports, allowing her to be immersed full-time in her art and to help grow her community.

Serendipitously, in August 2001, indie rocker Boenobo of the band Chub — a funky ska outfit whose members would wear different costumes to each of their performances — formed Gooferman, which wasn’t originally the clown band it is today: "The idea was you had to be in a costume and you had to be stoned." They morphed into a full-blown clown band, and began collaborating with circus performers.

"But it never coalesced until recently," Boenobo says.

That process probably began around Halloween 2004 at the Vegoose Festival in Las Vegas, when Vau de Vire Society was asked to fill eight hours’ worth of programming and turned to their San Francisco brethren for help, Mike said. They drove or flew about 100 people to the event.

It was also the year Boenobo staged the GoofBall in San Francisco, drawing together a variety of entertainment that helped change the nature of the traditional dance party. Perhaps not coincidentally, it was also the year that reviled President George W. Bush won a second term and when longtime Burning Man artists staged their ill-fated revolt against the event (see "State of the art," 12/10/04).

"When people get too serious, they need this shit even more," Boenobo said of the increasingly irreverent, naughty, and participatory parties he was throwing.

Meanwhile Fou Fou Ha was developing its act. Culbertson and Raymond Meyer were waiting tables at Rose Pistola in 2000 and decided to put their big personalities to work for them, bringing in other performers such as Slim Avocado and setting up routines to perform at CellSpace and other venues.

"We’re sort of like the children of Cirque du Soleil in a way, but we wanted to give it an edge," Culbertson said. "It’s sort of like the second wave vaudeville … now with more of a rock edge."

Fou Fou Ha’s shows play off the dark and surreal kind of performance that is more European than American, a style Culbertson was exposed to while studying choreography during her Fulbright scholarship in Holland in the late 1990s. When she returned to the United States in 2000, "I wanted to form a [dance] company." But she wanted it to be fun. "People really like the idea of serious dance combined with comedy, where you can fall out of your pirouette," she said.

"We’re kind of like guerilla circus," Slim, a trained ballerina, said. "It’s a whole new movement. It’s like ’30s cabaret, but edgier."

Boenobo started the Red Nose District on the playa at Burning Man in 2006, drawing together his Bohemian Carnival friends, a local group of stilt- walkers known as Enhightned Beings of Leisure, installation artist Michael Christian’s crew from the East Bay, the Cirque Berserk folks from Los Angeles, and others from the growing circus world.

"It’s a safe environment to be and do what you want," Gaines said of Burning Man, noting how those breakthroughs on the playa then come back home to the city. And that ethos carries into Vau de Vire, which is truly a collective of like-minded friends, one that eschews hiring outside performers for their shows. "They’re all just part of it," he said.

What they’re all part of — Vau de Vire, Gooferman, Fou Fou Ha, and the rest of the Indie Circus folk — has begun to make a strong imprint on San Francisco nightlife and counterculture. From a performer’s perspective, Boenobo said, it feels good. "Our local family is super comfortable with one another," he said, something he’s never felt before after 25 years as a indie rocker. "It’s rare to not have a lot of ego to deal with, and it’s super rare with this kind of high-quality performance."

But they want more. As Flux said, "We want to take over the world."

WHAT’S NEXT


Slowly, the circus collective members are moving toward becoming full-time freaks. Already, Mike Gaines said most of the 12 to 15 regular Vau de Vire performers practice their art full-time, subsidizing their performances by being instructors in dance or the circus arts.

That’s not to say the parties, with their large number of performers, are lucrative. "With circus, you get a million more people on your guest list, so circus is complicated from a promoter’s perspective," Joegh Bullock of Anon Salon, which incorporates circus acts into its parties, including the upcoming Sea of Dream party New Year’s Eve. "But we love it and wouldn’t do a show without it."

To pay the bills, "we also do a lot of corporate gigs," Gaines says, not proudly. Fou Fou Ha does as well, including performing at the Westfield San Francisco Centre this holiday season. They’re all dying to take their show on the road, but that, too, takes money. "Sponsorship is the key if we’re going to tour with 60 people," said Mike, who’s been working hard on a deal and said he feels close.

Boenobo’s latest plan is Metropolus, a circus-style extravaganza he’s planning (along with Bullogh and Gaines) for next Halloween, hoping to ferry guests (using buses or perhaps even art cars from Burning Man) among several venues in town (such as Mighty, 1015, Temple, and DNA Lounge) and a huge circus tent he wants to erect in Golden Gate Park.

In addition to circus-style entertainment drawn from across the country, he wants to precede the Saturday night finale with three days and nights of workshops and smaller-scale performances. His goal is for Metropolus to because a signature event for San Francisco and the indie circus scene, the equivalent of the South by Southwest Festival in Austin, Texas; the Winter Music Festival in Miami; or the Sundance Film Festival in Park City, Utah.

The time seems right, with the current financial meltdown creating opportunities even as it makes funding their world domination plans difficult. "Each time you have a crisis like we’re having now, it’s a ripe time for circus," Jando said, noting that circus boomed during the Great Depression and after each of the two World Wars.

And after going through years of pure absurdity in Washington, DC, and on Wall Street, Raz said the clowns of the world — from Stephen Colbert’s conservative television character (who Raz says employs clown techniques in his comedy) to a singer named Boenobo — now have a special resonance with people. As he said, "One of the things clowns do is they live the folly large."

———–

CLOWN’S EYE VIEW

I’ve been following Indie Circus for years, intending to add it to the profiles of various Burning Man subcultures (see www.steventjones.com/burningman.html) that I’ve written for the Guardian, but my reporting on this story began in May. And at the suggestion of Gooferman frontman Boenobo the Klown, I decided to start from the inside and let him turn me into a clown.

As makeup artist Sharon Rose transformed me into a happy clown backstage at DNA Lounge, I asked Boenobo what I should do (besides interview people). We just needed to clown around, keep the drunks from crowding the performers, help clear the stage between acts — whatever needed doing. "We’re the scrubs," he told me, clown-to-clown.

As we spoke, the acrobats stretched, a corpse bride goofed off as she prepared for her aria, members of the Extra Action Marching Band started to slink in, clowns applied their makeup, and female performers occasionally came back from the stage and whipped off their tops.

When Gooferman went on, I still didn’t know what I was supposed to be doing, so I stood next to the stage, watched, and awkwardly tried to be a little goofy in my dancing. A tall, beautiful blond woman stood next to me, catching my eye. She was apparently alone, so after a couple songs, during a lull, I asked her, "So, do you like clowns?"

"I am a clown," she said with a grin.

"Really?" I said. "You don’t look like a clown."

"But I am," she said. "I even do clown porn."

She turned out to be 27-year-old porn star Hollie Stevens, who told me she "grew up as a clown" in the Midwest before moving to California and getting into porn seven years ago. She even starred in the film Clown Porn and still sometimes dons the red nose and face paint for her public appearances, usually just for her own amusement. Stevens once appeared on the Jerry Springer Show as a clown, even getting into the requisite fight on stage with a friend.

"Clowns, you either love them or you hate them," she said, and she loves them.

I asked why she was there and she said that she’d come to see Boenobo. They had talked but never met, and shared a sort of mutual admiration. It was a clown thing. Clowns … they get all the hot chicks.

While we talked, an acrobat worked the pole on the stage, followed by an aerialist performing above the dance floor, one scene woven seamlessly into the other. The clowns of Gooferman puttered around the stage, removing equipment to get ready for the next act, flirting with the girls, trying to scam more drink tickets, or simply entertaining others and themselves.

The life of a clown is rarely dull.

————

UPCOMING INDIE CIRCUS EVENTS

DEC. 5–6


Acrosports Winter Cabaret

639 Frederick, SF

8 p.m., $5–$15

www.citycircus.org

DEC. 12


Auditions for Acrosports’ City Circus

Call (415) 665-2276, ext. 103 for appointment

DEC. 12-14


Frolic: CircusDragBurlesque Festival

Featuring Fou Fou Ha, Anna Conda, and more

CounterPULSE

1310 Mission, SF

8 p.m., $100

www.counterpulse.org

1-800-838-3006

DEC. 20


Open House and Holiday Carnival

San Francisco Circus Center

755 Frederick, SF

10 a.m.–4 p.m., free

Pratfalls and Rising Stars

7 p.m., $12 adults, $8 children

San Francisco Circus Center

Tickets and info at www.circuscenter.org

DEC. 20


Storytime Festival, featuring Vau de Vire Society

4–7 p.m., "Tales of Enchantment," (G-rated show) 8–11 p.m., "Storytime for the Inner Child," (R-rated show)

$30–$50

Palace of Fine Arts

3301 Lyon, SF

www.storytimefestival.org

————

>>More: Read Marke B.’s club review of Bohemian Carnival

SPJ honors ‘The Vanishing Journalist’

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By Bruce B. Brugmann

(Scroll down for the full SPJ awards program, press release on the winners, and Tom Honig on “The Vanishing Journalist”)

The Northern California chapter of the Society of Professional Journalists held an inspired and inspiring Excellence in Journalism awards program last Thursday night at the Yank Sing restaurant in San Francisco.

The room was full of reporters and editors who have been laid off or merged out, and many others fearful of being laid off or merged out. This point was made eloquently by Bruce Newman, who won the criticism award for his movie reviews in the San Jose Mercury News, and announced in his acceptance remarks that his position of movie critic had been eliminated five weeks ago.

Yet, despite the problems of the media and the economy, the award winners and their work this year were extraordinarily worthy. The program was excellent. The food was good. And Ricardo Sandoval, the incoming SPJ president, and Linda Jue, the outgoing SPJ president, and many of the award accepters made the crucial point: that the worse the news is, the more SPJ and good journalism are needed.

And so SPJ chose this year to give its premier award, the Journalist of the Year award, to “The Vanishing Journalist.” And they chose Tom Honig, the distinguished former editor of the Santa Cruz Sentinel, to accept the award. Honig was the classic California community journalist:he started on the old Palo Alto Times in sports, then to the Sentinel in l972, to the cops and courts beat to reporter for eight years, to assistant city editor and then to city editor, copy desk chief, managing editor in l99l, and then editor in l992.

He left the Sentinel on the last day of November, 2007. His exit was illustrative: His Singleton/Media News publisher had told him he would have to lay off at least three more editorial staffers from the newsroom, after previous cuts had reduced the newsroom from a high of 43 in 2005 to 30 last year. The Sentinel’s accountant pointedly told Honig that if he left, that would save three positions. So Honig made the ultimate sacrifice and laid himself off. (He is now in a new career, as an account executive in Armanasco Public Relations in Monterey.)

“The people that run newspapers today–describe them how you will–might understand finance and they understand budgets,” Honig said. “They do, after all, understand that news organizations are in trouble. What they don’t understand is that the indiscriminate budget cuts are only hastening their own demise. You know what? You need good reporters and editors. You just do…

“It’s us– the journalists–who carry with us the knowledge and integrity that money simply cannot buy. We carry on because we know the power of questioning authority, questioning those even that we agree with –and giving those we disagree with a fair airing of their views. The talking heads on television and radio can’t do that.”

Here are Honig’s complete remarks:

by Tom Honig

I’m accepting this award on behalf of the hundreds – thousands – of veteran reporters, photographers and editors that have helped and inspired me over the years. We’re honoring the vanishing journalist tonight, and I do want to say a few words on his and her behalf.

I’d have to say that the most noteworthy thing about my career is how unnoteworthy it really has been. Some reporters go to war zones. Others call the White House their beat. But for most of us – it’s the school board. The library board. The fire that leaves a family homeless. We are the people who get it done, day in and day out – giving people the opportunity to understand their own community.

I’m truly honored that I would be asked to accept this award on behalf of all those who have come and gone before me. I once looked at my decision to spend my career in a small town – Santa Cruz, California – as something to be slightly embarrassed about. I now think of it only with pride.

I think of the writing advice I got from editors older than I who taught me strategies to get out of my own way and let the story tell itself.

When you work at a community paper, you don’t need focus groups and readership studies. People talk to you in the super market. Actually, they bitch at you in the super market. Or at the gym. Or when you’re out grabbing a sandwich at the deli. You do an investigation into misspent funds in a small town and you get a good story, but you also get a tearful phone call from a city manager who’ a really nice guy but who knows he fouled up. You do the story anyway, but you feel bad and later you keep running into him and you hope he’s doing OK.

But you do your job, and some days you don’t think much about it. But when it’s all over, you take some time, look back and realize that you’ve been part of something very special. You did good journalism. You did what the best investigative journalism does – reveal the truth to those who may or may not want to hear it.

The public doesn’t often understand the value of their local newspaper – even as they rely upon what’s there. I’m partial to local newspapers. The kind of journalism we achieved over the years in Santa Cruz I would stack up against any of the big boys. And being right there as part of the community … we knew about credibility long before the think tanks started doing their studies.

The people that run newspapers today – describe them how you will — might understand finance and they understand budgets. They do, after all, understand that news organizations are in financial trouble. What they don’t understand is that the indiscriminate budget cuts are only hastening their own demise. You know what? You need good reporters and editors. You just do.

Many of you are embarking on new ventures, on new forms of digital and online journalism as traditional outlets start to disappear. Some of you are launching these ventures on your own. We have Knight News Challenges and we have startups and we have incredible energy from those just embarking on their careers. That’s all to the good. It’s us – the journalists – who carry with us the knowledge and the integrity that money simply cannot buy. We carry on because we know the power of questioning authority, questioning those even that we agree with – and giving those with whom we disagree a fair airing of their views. The talking heads on television and radio don’t and can’t do that.

It’s the story – in whatever form it takes – that’s king. It’s the truth that we seek. As we move forward, we won’t have the old support system around us, the older, wiser editors who have seen ’em come and seen ’em go. We won’t have the structure that has carried us forward all these years. It’s breaking down, and it’s not our fault.

I couldn’t be more encouraged by the energy and the values of young journalists. But I’m also encouraged by others – those, like me, who are certified vanishing journalists who are still around, still available to help, still thinking that there’s good work to be done.

We still know a few things. We know about comforting the afflicted and afflicting the comfortable. We know the value of explaining a society to itself without fear or favor. Those are values we can’t afford to lose. Dean Singleton can try to take it all away so he can make up for his poor business decisions and cover his huge debt. We can’t let him.

Again. I accept this award on behalf of all the great journalists I’ve known and learned from. It’s truly an honor to be the one accepting on their behalf, and I thank you very much.

The future is on track

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> steve@sfbg.com

On the day after the election, retired judge Quentin Kopp was finally able to exhale and enjoy his martini, even though there’s still much work to be done in the coming years creating a high-speed rail system for California.

"I feel relaxed for the first time since June," Kopp, the proud father of high-speed rail in the state, told the Guardian at the Thirsty Bear brewpub in San Francisco shortly after arriving to an enthusiastic ovation from the large crowd of project engineers and contractors who had gathered to celebrate on the night after the election.

Proposition 1A — the $10 billion bond measure that finally launches high-speed rail in California, the most expensive and ambitious public works project in state history — got the nod from about 5.4 million voters, or a too-close-for-comfort 52.3 percent of the total. Combined with federal, state, local, and private funding, the measure will finance the San Francisco-to-Anaheim segment of a system that is eventually planned to stretch from Sacramento to San Diego.

The previous few months had been an emotional roller coaster for Kopp and other high-speed rail supporters. "It was like The Perils of Pauline," said Kopp, who sponsored the project as a state legislator representing San Francisco in the mid-90s and now chairs the California High-Speed Rail Authority, the agency charged with building the project.

Last year, Kopp had to overcome the resistance from Gov. Arnold Schwarzenegger, who sought to delay the bond measure for a third straight year (see "The silver bullet train," 4/17/07). This year, Kopp had to fight through many setbacks, starting with Schwarzenegger-allied CHSRA board member David Crane’s insistence on the creation of a detailed business plan before the project could go before voters.

To incorporate that plan into the bond measure required new legislation, Assembly Bill 3034, which replaced the former Prop. 1 with the new Prop. 1A and included new fiscal standards. Meanwhile, the CHSRA in July voted to choose Pacheco Pass over Altamont Pass as the preferred Bay Area alignment, triggering controversy and a lawsuit (see "High-speed rail on track," 7/16/08).

Although high-speed rail still appeared to enjoy strong support in the California Legislature, AB 3034 was stalled by partisan bickering and appeared doomed to miss a key legislative deadline. Kopp and supportive legislators, mostly notably Assembly member Fiona Ma, managed to get the legislation through, only to again be stymied when Schwarzenegger announced he would sign no legislation until a budget was approved.

Kopp persuaded the governor to make an exception for AB 3034 and things started to look good, with the measure ready for voters and polling data showing a healthy margin of support. "Then the financial markets collapsed and we lost 10 points," Kopp recalled. That apparent voter anxiety over big-ticket expenditures was compounded by campaign fundraising drying up and newspapers in regions outside the initial project area urging readers to vote against the measure.

"From there, it was tight all the way," said Kopp, noting that by election night, "I didn’t think it would pass."

But on the positive side, the campaign against the measure was weak, particularly after the Howard Jarvis Taxpayers Association blew its wad in June on an ill-fated ballot measure which attacked eminent domain laws and rent control. The closeness of the poll numbers caused the thousands of contract employees who will work on the high-speed rail project to take active roles campaigning for Prop. 1A.

Peter Gertler, national transit director for HNTB Corp., the engineering firm working on the peninsula section of the project, helped organize his colleagues to hit the streets and phones. "We were very nervous. I didn’t go to bed until 4 a.m.," he told the Guardian. After doing street-level campaigning, Gertler said he learned, "Overwhelmingly, everyone thinks this is a good idea."

Gertler said voters in California approved almost all the public transit measures on the ballot, signaling a new recognition of its importance: "Something fundamentally has changed."

He said the combination of high land values and the narrow corridor on the peninsula will present challenges in getting the section up and running — challenges that abound through the project area — but they’re confident in the project’s ultimate success.

"There are always going to be problems. This is the largest project in the history of the state," Kopp said. "The hard work is just beginning. But this was a foundational step."

The bond sales will likely be delayed by the current turmoil in the financial markets, but Kopp expects to get $50 million in the next state budget to complete the engineering work on the project. Construction could begin as soon as late 2010 and be completed in 2018, with some segments ready even earlier. The segment between San Francisco and San Jose could be operational by 2015, allowing trains to travel at speeds of up to 150 mph and complete the trip in just 30 minutes.

"It’ll come in pieces, but at some point it’ll really come together," said Brent Ogden, vice president of AECOM Transportation, one of the project’s contractors, who is working on the regional rail connection over Altamont Pass. While not part of the main project, for which Prop. 1A set aside $9 billion, the Altamont connection is eligible for part of the $1 billion in the measure earmarked for regional connections.

"The first job for the Altamont is figuring out what it’s going to be," Ogden said, adding that it could upgrade existing Altamont Commuter Express Rail lines and come on line even before the larger project.

Even if California and the rest of the country are in for a prolonged economic recession or even a depression, Kopp said the project would still likely move forward, noting that all the great public works projects — from the Golden Gate Bridge to the Hoover Dam — were built during the Great Depression and helped to revive the economy by creating jobs and stimuutf8g economic activity.

"We need projects," Kopp said. "We need to rebuild and expand the infrastructure of America."


HIGH-SPEED RAIL FACTS AND FIGURES


<\!s>About 230 trains per week will travel between Transbay Terminal in San Francisco (where there will be about 9 million annual boardings) and Los Angeles’ Union Station (about 10.8 million boardings). Trains will reach 220 mph and the trip will take two hours and 38 minutes.

<\!s>Fares will be about half that of air travel and generate about $2.4 billion in revenue to cover $1.3 billion in costs by 2030, thus generating about $1.1 billion in annual profits for the state once the project is paid for.

<\!s>The project will generate about 160,000 construction jobs and is projected to create 450,000 permanent jobs by 2035, including those indirectly created by the project.

<\!s>Even if there are unforeseen problems obtaining the full $33 billion in funding for the project, Prop. 1A could be a major boon for the Bay Area, funding improvements in Caltrain’s peninsula corridor and possibly a new rail line over the Altamont Pass.

<\!s>"The high-speed train system will reduce California’s dependence on fossil fuels and foreign oil — a reduction of 12 billion pounds of CO2 and 12.7 million barrels of oil per year by 2030."

<\!s>"High-speed trains will alleviate the need to build — at a cost of nearly $100 billion — about 3,000 miles of new freeway plus five airport runways and 90 departure gates over the next two decades."

Source: California High-Speed Train Business Plan

The people’s election

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› news@sfbg.com

By midnight Nov. 4, the drama was long over: John McCain had conceded, Barack Obama had delivered his moving victory speech — declaring that “change has come to America” — and the long national nightmare of the Bush years was officially headed for the history books.

But in San Francisco, the party was just getting started.

Outside of Kilowatt, on 16th Street near Guerrero, the crowd of celebrants was dancing to the sounds of a street drummer. In the Castro District, a huge crowd was cheering and chanting Obama’s name. And on Valencia and 19th streets, a spontaneous outpouring of energy filled the intersection. Two police officers stood by watching, and when a reporter asked one if he was planning to try to shut down the celebration and clear the streets, he smiled. “Not now,” he said. “Not now.”

Then, out of nowhere, the crowd began to sing: O say can you see /By the dawn’s early light …

It was a stunning moment, as dramatic as anything we’ve seen in this city in years. In perhaps the most liberal, counterculture section of the nation’s most liberal, counterculture city, young people by the hundreds were proudly singing The Star Spangled Banner. “For the first time in my life,” one crooner announced, “I feel proud to be an American.”

Take that, Fox News. Take that Sean Hannity and Rush Limbaugh and Sarah Palin and the rest of the right-wing bigots who have tried to claim this country for themselves. On Nov. 4, 2008, progressives showed the world that we’re real Americans, too, proud of a country that has learned from its mistakes and corrected its course.

President Obama will let us down soon enough; he almost has to. The task at hand is so daunting, and our collective hopes are so high, that it’s hard to see how anyone could succeed without a few mistakes. In fact, Obama already admitted he won’t be “a perfect president.” And when you get past the rhetoric and the rock star excitement, he’s taken some pretty conservative positions on many of the big issues, from promoting “clean coal” and nuclear power to escautf8g the war in Afghanistan.

But make no mistake about it: electing Barack Obama was a progressive victory. Although he never followed the entire progressive line in his policy positions, he was, and is, the creature of a strong progressive movement that can rightly claim him as its standard-bearer. He was the candidate backed from the beginning by progressives like Supervisors Chris Daly and Ross Mirkarimi (a Green). And only after his improbable nomination did moderates like Mayor Gavin Newsom and Sen. Dianne Feinstein jump on the bandwagon.

From the start, the young, activist, left wing of the Democratic Party was the driving force behind the Obama revolution. And while he has always talked to the Washington bigwigs — and will populate his administration with many of them — he would never have won without the rest of us. And that’s a fact of political life it will be hard for him to ignore, particularly if we don’t let him forget it.

For a few generations of Americans — everyone who turned 18 after 1964 — this was the first presidential election we’ve been able to get truly excited about. It was also the first presidential election that was won, to a significant extent, on the Internet, where progressive sites like dailykos.com raised millions of dollars, generated a small army of ground troops, and drove turnout in both the primaries and the general election. The movement that was built behind Obama can become a profound and powerful force in American politics.

So this was, by any reasonable measure, the People’s Election. And now it’s the job of the people to keep that hope — and that movement — alive, even when its standard-bearer doesn’t always live up to our dreams.

The evidence that this was the People’s Election wasn’t just at the national level. It showed up in the results of the San Francisco elections as well.

This was the election that would demonstrate, for the first time since the return of district elections, whether a concerted, well-funded downtown campaign could trump a progressive grassroots organizing effort. Sure, in 2000, downtown and then-Mayor Willie Brown had their candidates, and the progressives beat them in nearly every race. But that was a time when the mayor’s popularity was in the tank, and San Franciscans of all political stripes were furious at the corruption in City Hall.

“In 2000, I think a third of the votes that the left got came from Republicans,” GOP consultant Chris Bowman, who was only partially joking, told us on election night.

This time around, with the class of 2000 termed out, a popular mayor in office and poll numbers and conventional wisdom both arguing that San Franciscans weren’t happy with the current Board of Supervisors (particularly with some of its members, most notably Chris Daly), many observers believed that a powerful big-money campaign backing some likable supervisorial candidates (with little political baggage) could dislodge the progressive majority.

As late as the week before the election, polls showed that the three swings districts — 1, 3, and 11 — were too close to call, and that in District 1, Chamber of Commerce executive Sue Lee could be heading for a victory over progressive school board member Eric Mar.

And boy, did downtown try. The big business leaders, through groups including the Committee on Jobs, the Chamber, the Association of Realtors, Plan C, the newly-formed Coalition for Responsible Growth, and the Building Owners and Managers Association, poured more than $630,000 into independent expenditures smearing progressive candidates and promoting the downtown choices. Newsom campaigned with Joe Alioto, Jr. in District 3 and Ahsha Safai in District 11. Television ads sought to link Mar, John Avalos, and David Chiu with Daly.

Although the supervisors have no role in running the schools, the Republicans and downtown pushed hard to use a measure aimed at restoring JROTC to the city’s high schools as a wedge against the progressives in the three swing districts. They also went to great lengths — even misstating the candidates’ positions — to tar Mar, Chiu, and Avalos with supporting the legalization of prostitution.

And it didn’t work.

When the votes were counted election night, it became clear that two of the three progressives — Avalos and Chiu — were headed for decisive victories. And Mar was far enough ahead that it appeared he would emerge on top.

How did that happen? Old-fashioned shoe leather. The three campaigns worked the streets hard, knocking on doors, distributing literature, and phone banking.

“I’ve been feeling pretty confident for a week,” Avalos told us election night, noting his campaign’s strong field operation. As he knocked on doors, Avalos came to understand that downtown’s attacks were ineffective: “No one bought their horseshit.”

A few weeks earlier, he hadn’t been so confident. Avalos said that Safai ran a strong, well-funded campaign and personally knocked on lots of doors in the district. But ultimately, Avalos was the candidate with the deepest roots in the district and the longest history of progressive political activism.

“This is really about our neighborhood,” Avalos told us at his election night party at Club Bottom’s Up in the Excelsior District. “It was the people in this room that really turned it around.”

The San Francisco Labor Council and the tenants’ movement also put dozens of organizers on the ground, stepping up particularly strongly as the seemingly coordinated downtown attacks persisted. “It was, quite literally, money against people, and the people won,” Labor Council director Tim Paulson told us.

Robert Haaland, a staffer with the Service Employees International Union and one of the architects of the campaign, put it more colorfully: “We ran the fucking table,” he told us election night. “It’s amazing — we were up against the biggest downtown blitz since district elections.”

The evidence suggests that this election was no anomaly: the progressive movement has taken firm hold in San Francisco, despite the tendency of the old power-brokers — from Newsom to downtown to both of the city’s corporate-owned daily newspapers — to try to marginalize it.

Political analyst David Latterman of Fall Line Analytics began the Nov. 5 presentation at the San Francisco Planning and Urban Research Association election wrap-up by displaying an ideologically-coded map of San Francisco, drawing off of data from the Progressive Voter Index that he developed with San Francisco State University political science professor Rich de Leon. The PVI is based on how San Francisco residents in different parts of the city vote on bellwether candidates and ballot measures.

“Several of the districts in San Francisco discernibly moved to the left over the last four to eight years,” Latterman told the large crowd, which was made up of many of San Francisco’s top political professionals.

The two supervisorial districts that have moved most strongly toward the progressive column in recent years were Districts 1 (the Richmond) and 11 (the Excelsior), which just happened to be two of the three swing districts (the other being District 3–North Beach and Chinatown) that were to decide the balance of power on the Board of Supervisors this election.

Latterman said Districts “1, 3, and 11 went straight progressive, and that’s just the way it is.”

In fact, in many ways, he said this was a status-quo election, with San Francisco validating the progressive-leaning board. “A lot of people in the city didn’t see it as a chance for a drastic change citywide.”

In other words, keeping progressives in City Hall has become a mainstream choice. Whatever downtown’s propaganda tried to say, most San Franciscans are happy with a district-elected board that has brought the city a living-wage law and moved it a step toward universal health insurance.

The fate of the local ballot measures was another indication that Newsom, popular as he might be, has little ability to convince the voters to accept his policy agenda.

Voters rejected efforts by Newsom to consolidate his power, rejecting his supervisorial candidates, his Community Justice Center (as presented in Measure L), and his proposed takeover of the Transportation Authority (soundly defeating Proposition P) while approving measures he opposed, including Propositions M (protecting tenants from harassment) and T (Daly’s guarantee of substance abuse treatment on demand).

Asked about it at a post-election press conference, Newsom tried to put a positive spin on the night. “Prop. A won, and I spent three years of my life on it,” he said. “Prop B. was defeated. Prop. O, I put on the ballot. I think it’s pretty small when you look at the totality of the ballot.” He pointed out that his two appointees — Carmen Chu in District 4 and Sean Elsbernd in District 7 — won handily but made no mention of his support for losing candidates Lee, Alicia Wang, Alioto, Claudine Cheng, and Safai.

“You’ve chosen two as opposed to the totality,” Newsom said of Props. L and P. “Prop. K needed to be defeated. Prop. B needed to be defeated.”

Yet Newsom personally did as little to defeat those measures as he did to support the measures he tried to claim credit for: Measures A (the General Hospital rebuild bond, which everyone supported) and revenue-producing Measures N, O, and Q. In fact, many labor and progressives leaders privately grumbled about Newsom’s absence during the campaign.

Prop. K, which would have decriminalized prostitution, was placed on the ballot by a libertarian-led signature gathering effort, not by the progressive movement. And Prop. B, the affordable housing set-aside measure sponsored by Daly, was only narrowly defeated — after a last-minute attack funded by the landlords.

All three revenue-producing measures won by wide margins. Prop. Q, the payroll tax measure, passed by one of the widest margins — 67-33.

Latterman and Alex Clemens, owner of Barbary Coast Consulting and the SF Usual Suspects Web site, were asked whether downtown might seek to repeal district elections, and both said it didn’t really matter because people seem to support the system. “I can’t imagine, short of a tragedy, district elections going anywhere,” Latterman said.

Clemens said that while downtown’s polling showed that people largely disapprove of the Board of Supervisors — just as they do most legislative bodies — people generally like their district supervisor (a reality supported by the fact that all the incumbents were reelected by sizable margins).

“It ain’t a Board of Supervisors, it is 11 supervisors,” Clemens said, noting how informed and sophisticated the San Francisco electorate is compared to many other cities. “When you try to do a broad-based attack, you frequently end up on the wrong end (of the election outcome).”

We had a bittersweet feeling watching the scene in the Castro on election night. While thousands swarmed into the streets to celebrate Obama’s election, there was no avoiding the fact that the civil-rights movement that has such deep roots in that neighborhood was facing a serious setback.

The Castro was where the late Sup. Harvey Milk started his ground-breaking campaign to stop the anti-gay Briggs Initiative in 1978. Defying the advice of the leaders of the Democratic Party, Milk took on Briggs directly, debating him all over the state and arguing against the measure that would have barred gay and lesbian people from teaching in California’s public schools.

The defeat of the Briggs Initiative was a turning point for the queer movement — and the defeat of Prop. 8, which seeks to outlaw same-sex marriage, should have been another. Just as California was the most epic battle in a nationwide campaign by right-wing bigots 30 years ago, anti-gay marriage measures have been on the ballot all over America. And if California could have rejected that tide, it might have taken the wind out of the effort.

But that wasn’t to be. Although pre-election polls showed Prop. 8 narrowly losing, it was clear by the end of election night that it was headed for victory.

Part of the reason: two religious groups, the Catholics and the Mormons, raised and spent some $25 million to pass the measure. Church-based groups mobilized a reported 100,000 grassroots volunteers to knock on doors throughout California. Yes on 8 volunteers were as visible in cities throughout California as the No on 8 volunteers were on the streets of San Francisco, presenting a popular front that the No on 8 campaign’s $35 million in spending just couldn’t counter — particularly with so many progressive activists, who otherwise would have been walking precincts to defeat Prop. 8, fanned out across the country campaigning for Obama.

“While we knew the odds for success were not with us, we believed Californians could be the first in the nation to defeat the injustice of discriminatory measures like Proposition 8,” a statement on the No on Prop. 8 Web site said. “And while victory is not ours this day, we know that because of the work done here, freedom, fairness, and equality will be ours someday. Just look at how far we have come in a few decades.”

San Francisco City Attorney Dennis Herrera, joined by Los Angeles City Attorney Rocky Delgadillo and Santa Clara County Counsel Ann C. Raven, filed a legal challenge to Prop. 8, arguing that a ballot initiative can’t be used to take away fundamental constitutional rights.

“Such a sweeping redefinition of equal protection would require a constitutional revision rather than a mere amendment,” the petition argued.

“The issue before the court today is of far greater consequence than marriage equality alone,” Herrera said. “Equal protection of the laws is not merely the cornerstone of the California Constitution, it is what separates constitutional democracy from mob rule tyranny. If allowed to stand, Prop. 8 so devastates the principle of equal protection that it endangers the fundamental rights of any potential electoral minority — even for protected classes based on race, religion, national origin, and gender.”

That may succeed. In fact, the state Supreme Court made quite clear in its analysis legalizing same-sex marriage that this was a matter of fundamental rights: “Although defendants maintain that this court has an obligation to defer to the statutory definition of marriage contained in [state law] because that statute — having been adopted through the initiative process — represents the expression of the ‘people’s will,’ this argument fails to take into account the very basic point that the provisions of the California Constitution itself constitute the ultimate expression of the people’s will, and that the fundamental rights embodied within that Constitution for the protection of all persons represent restraints that the people themselves have imposed upon the statutory enactments that may be adopted either by their elected representatives or by the voters through the initiative process.

As the United States Supreme Court explained in West Virginia State Board of Education vs. Barnette (1943) 319 U.S. 624, 638: ‘The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.'”

As Board of Supervisors President Aaron Peskin told the Guardian later that week: “Luckily, we have an independent judiciary, because the voters of California have mistakenly taken away a class of civil rights.”

But if that legal case fails, this will probably wind up on the state ballot again. And the next campaign will have to be different.

There already have been many discussions about what the No on 8 campaign did wrong and right, but it’s clear that the queer movement needs to reach out to African Americans, particularly black churches. African Americans voted heavily in favor of Prop. 8, and ministers in many congregations preached in favor of the measure.

But there are plenty of black religious leaders who took the other side. In San Francisco the Rev. Amos Brown, who leads the Third Baptist Church, one of the city’s largest African American congregations, spoke powerfully from the pulpit about the connections between the civil rights struggles of the 1960s and the fight for same-sex marriage.

The next time this is on the ballot, progressive and queer leaders will need to build a more broad-based movement. That is not only possible, but almost inevitable.

The good news — and it’s very good news — is that (as Newsom famously proclaimed) same-sex marriage is coming, whether opponents like it or not. That’s because the demographics can’t be denied: the vast majority of voters under 30 support same-sex marriage. This train is going in only one direction, and the last remaining issue is how, and when, to make the next political move.

The progressives didn’t win everything in San Francisco. Proposition H, the Clean Energy Act, was taken down by one of the most high-priced and misleading campaigns in the city’s history. Pacific Gas and Electric Co. spent more than $10 million telling lies about Prop. H, and with the daily newspapers virtually ignoring the measure and never challenging the utility’s claims, the measure went down.

“This was a big, big, big money race,” Latterman said. “In San Francisco, you spend $10 million and you’re going to beat just about anything.”

But activists aren’t giving up on pushing the city in the direction of more renewable energy (see Editorial).

Latterman said the narrow passage of Prop. V, which asked the school board to consider reinstating JROTC, wasn’t really a victory. “I would not call this a mandate. I worked with the campaign, and they weren’t looking for 53 percent. They were looking for 60-plus percent,” Latterman said. “I think you’ll see this issue just go away.”

Neither Latterman nor Clemens would speculate on who the next president of the Board of Supervisors will be, noting that there are just too many variables and options, including the possibility that a newly elected supervisor could seek that position.

At this point the obvious front-runner is Ross Mirkarimi, who not only won re-election but received more votes than any other candidate in any district. Based on results at press time, more than 23,000 people voted for Mirkarimi; Sean Elsbernd, who also had two opponents, received only about 19,000.

Mirkarimi worked hard to get Avalos, Chiu, and Mar elected, sending his own volunteers off to those districts. And with four new progressives elected to the board, joining Mirkarimi and veteran progressive Chris Daly, the progressives ought to retain the top job.

Daly tells us he won’t be a candidate — but he and Mirkarimi are not exactly close, and Daly will probably back someone else — possibly one of the newly elected supervisors.

“It’s going to be the most fascinating election that none of us will participate in,” Clemens said.

The danger, of course, is that the progressives will be unable to agree on a candidate — and a more moderate supervisor will wind up controlling committee appointments and the board agenda.

One of the most important elements of this election — and one that isn’t being discussed much — is the passage of three revenue-generating measures. Voters easily approved a higher real-estate transfer tax and a measure that closed a loophole allowing law firms and other partnerships to avoid the payroll tax. Progressives have tried to raise the transfer tax several times in the past, and have lost hard-fought campaigns.

That may mean that the anti-tax sentiment in the city has been eclipsed by the reality of the city’s devastating budget problems. And while Newsom didn’t do much to push the new tax measures, they will make his life much easier: the cuts the city will face won’t be as deep thanks to the additional $50 million or so in revenue.

It will still be a tough year for the new board. The mayor will push for cuts that the unions who supported the newly elected progressives will resist. A pivotal battle over the city’s future — the eastern neighborhoods rezoning plan — will come before the new board in the spring, when the recent arrivals will barely have had time to move into their offices.

Obama, of course, will face an even tougher spring. But progressives can at least face the future knowing that not only could it have been a lot worse; for once things might be about to get much better.

Amanda Witherell and Sarah Phelan contributed to this report.

Anniversary Issue: A city transformed

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When I first started writing about sustainable cities in the Guardian, I was 28, the paper was 20, urban environmentalism was still considered an oxymoron in much of the mainstream political world — and we didn’t have a name for what we were discussing.

In fact, the story I wrote on Oct. 15, 1986 was called "The city reconceived — a radical proposal" It was part of our 20th anniversary issue, but it wasn’t on the cover, and it wasn’t the lead feature. It was just something I had been thinking about a lot at the time, and since I was reporting a lot on everything that was wrong with city planning, it seemed to make sense to step back and talk about the way things ought to be.

It’s kind of strange to look back at that article today. So much has changed; so little has changed.

"It’s easy to argue that the problems are national, even international in scope, and that no progressive economic policy is possible without basic, fundamental changes in the US economic system," I wrote. "I’m sympathetic to that sort of argument, but somehow, it doesn’t satisfy me. A transformation of the nation’s economic orders is a long way off — and it may not be possible at all unless the seeds are sown at the local level."

I can see from the interviews I did back then the beginnings of what is now known internationally as the sustainable city movement. In 1986, there were a few scrawny nonprofits and a handful of academics; today there are think tanks, institutes, reports, studies, commissions. Mayors all over the world talk about sustainability; here in San Francisco, Gavin Newsom has a full-time $130,000-a-year staffer dedicated to developing environmentally sustainable policies.

And yet, when you look at what the word really means, and what a truly sustainable city would look like, you realize that, 22 years later, we’re still talking about a city reconceived. It’s still — in terms of what politicians like Newsom are putting on the table — a pretty radical proposal.

Gro Harlem Brundtland, the former Norwegian prime minister, chaired a United Nations commission in 1983 that came up with what is probably the first official definition of sustainable development: "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." An urban planning conference in Berlin in 2000 adopted a sustainability statement that talked about "the flow principle, that is based on an equilibrium of material and energy and also financial input/output."

The Vermont-based Institute for Sustainable Communities goes a bit further: "Sustainable communities have a strong sense of place … They are places that build on their assets and dare to be innovative." You can look on the Web and find a thousand more statements and definitions, some highly technical and some so hippy-dippy they’re painful to read.

But in the end, any real definition of a sustainable city starts with the second part of the phrase.

Cities are eternal. The world’s great metropolises have always outlived modest constructs like nations and empires. They are, as the late urbanist Jane Jacobs used to say, the building blocks of society.

But in the United States, and in much of the rest of the world, cities have become part of a globalized economic system that severs the use of products and services from their origin. Where did that burger you just ate come from? How about the lettuce at the supermarket? The clothes you wear to work? The electricity you use when you turn on your computer? Who controls the flow of money into and out of your community? Who controls the place you live, the money that comes out of the nearest ATM? What about your job — where does your paycheck come from, and where does it go?

How do those factors affect how you live — and how well you live — in San Francisco?

The thing is, you probably don’t know. And what you don’t know is hurting you.

Because a truly sustainable city isn’t just an environmental notion, and a sustainable urban policy isn’t just about planting gardens in front of City Hall. It’s about defining — and changing — the way we think about the economy, politics, business, and the local power structure.

That’s been part of the Guardian‘s mission for 42 years.

When you talk to progressive economists these days (and yeah, there are a few) and people who think about building sustainable local economies (and there are a growing number of them), they say three things:

Cities have to think about how to become more self-sufficient, how to provide locally things that we once imported, how to use local resources to create new jobs and economic activity. Those new jobs and sustainable practices are most likely to come from locally owned, independent businesses. And — particularly these days — the public sector has to play a major role.

That’s what the stories in this anniversary issue are about. A sustainable economy means encouraging start-ups and innovation, using public financing resources, and avoiding a reliance on big chains and giant corporations. A sustainable transportation and land-use policy means building neighborhoods with housing for diverse income groups and cutting down on cars and making the city a better, safer place to walk and bike. A sustainable energy policy means locally controlled renewable generation, not a monster private utility that ferries in nuclear and fossil-fuel power from out of town. Sustainable food means using community agriculture, right here in town.

It’s surprising how simple that sounds — and how politically difficult it is to implement.

See, in San Francisco — this great liberal city — policy decisions are still controlled to a stunning extent by a small group of powerful people who were never elected to anything. You can see how it looks this year by following the money chart we ran in the last issue. It showed how five downtown organizations have been raising and spending hundreds of thousands of dollars to take control of the Board of Supervisors.

Or look at Proposition H, the Clean Energy Act on the November ballot. Prop. H is a prescription for sustainable energy; the measure would not only set aggressive goals for renewables, it would shift control of the city’s energy agenda away from Pacific Gas and Electric Co. and give it to the people of San Francisco.

Big private energy companies may spend a lot of money on "green" advertising, but they never have, and never will, take the steps needed to create a sustainable system. Because that would mean undercutting their profits and limiting their growth.

A sustainable energy system would use much less electricity and import almost none. It would operate with thousands of small, distributed generation facilities, like solar panels on roofs. And power from the sun and wind is free. That doesn’t work for a giant profit-hungry utility; it works great for a community-based system.

So where is Newsom, who likes to call himself a green mayor? He’s against it. Where are the business leaders in town? Standing with PG&E. Where is the power structure? Fighting to prevent a sustainable energy future for San Francisco.

And the big chain-owned daily newspaper is right there with them.


There aren’t many locally-owned independent newspapers left in America. Even the alternative press has become chain-happy. In Boston, New York, Washington, Atlanta, Miami, Chicago, Denver, Houston, Phoenix, Los Angeles … most of the nation’s biggest cities, the once-upstart weeklies are owned by big national chains.
But in San Francisco, the paper Bruce Brugmann and Jean Dibble founded in 1966 is still the paper that Bruce Brugmann and Jean Dibble run in 2008.
The Guardian was always both a newspaper and small business. Unlike a lot of the wild and wonderful publications that flourished in San Francisco in the 1960s, the Guardian was built to last. Bruce and Jean decided from the start that this would be their life’s work — and although it was a bit dicey at times, the paper has survived and grown into one of the most influential weeklies in the country.
The Guardian was always a part of San Francisco. We believe in this city, in this community, in its life and culture and grassroots politics. We’ve always taken an active role in trying to improve the place where we live and work, and we’re proud of it.
Over the years that has meant exposing the corrupt (and secretive) gang that was trying to turn San Francisco into another Manhattan. It’s meant publishing a pioneering cost-benefit study showing that high-rise office development costs the city more in services than it generates in taxes. It’s meant funding and publishing the first major local study showing that small businesses create most of the net new jobs in San Francisco. It’s meant revealing how PG&E violates federal law and steals cheap power from San Francisco. It’s meant competing with — and writing about — the local daily newspaper monopoly. It’s meant fighting privatization, from the Presidio to City Hall, and pushing for a Sunshine Ordinance to keep the politicians honest. It’s meant siding with the neighborhoods and the artists and the tenants against what we’ve called the economic cleansing of San Francisco.
And this year, it means promoting a real vision of what a sustainable city would look like. Which is, really, what the Guardian has been about all these 42 amazing years. *

Stiglitz: Learning the Lessons of Iraq

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Here is the first column in a series we will be running regularly from Project Syndicate. Project Syndicate, based in Prague, is an international association of newspapers devoted to bringing distinguished voices from across the world to local audiences everywhere, strengthening the independence of printed media in transition and developing countries and upgrading their journalistic, editorial, and business capacities. To learn more about Project Syndicate visit: www.project-syndicate.org

Learning the Lessons of Iraq

By Joseph E. Stiglitz

NEW YORK – The Iraq war has been replaced by the declining economy as the most important issue in America’s presidential election campaign, in part because Americans have come to believe that the tide has turned in Iraq: the troop “surge” has supposedly cowed the insurgents, bringing a decline in violence. The implications are clear: a show of power wins the day.

It is precisely this kind of macho reasoning that led America to war in Iraq in the first place. The war was meant to demonstrate the strategic power of military might. Instead, the war showed its limitations. Moreover, the war undermined America’s real source of power – its moral authority.

Recent events have reinforced the risks in the Bush administration’s approach. It was always clear that the timing of America’s departure from Iraq might not be its choice – unless it wanted to violate international law once again. Now, Iraq is demanding that American combat troops leave within twelve months, with all troops out in 2011.

To be sure, the reduction in violence is welcome, and the surge in troops may have played some role. Yet the level of violence, were it taking place anywhere else in the world, would make headlines; only in Iraq have we become so inured to violence that it is a good day if only 25 civilians get killed.

And the role of the troop surge in reducing violence in Iraq is not clear. Other factors were probably far more important, including buying off Sunni insurgents so that they fight with the United States against Al Qaeda. But that remains a dangerous strategy. The US should be working to create a strong, unified government, rather than strengthening sectarian militias. Now the Iraqi government has awakened to the dangers, and has begun arresting some of the leaders whom the American government has been supporting. The prospects of a stable future look increasingly dim.

That is the key point: the surge was supposed to provide space for a political settlement, which would provide the foundations of long-term stability. That political settlement has not occurred. So, as with the arguments used to justify the war, and the measures of its success, the rationale behind surge, too, keeps shifting.

Meanwhile, the military and economic opportunity costs of this misadventure become increasingly clear. Even if the US had achieved stability in Iraq, this would not have assured victory in the “war on terrorism,” let alone success in achieving broader strategic objectives. Things have not been going well in Afghanistan, to say the least, and Pakistan looks ever more unstable.

Moreover, most analysts agree that at least part of the rationale behind Russia’s invasion of Georgia, reigniting fears of a new Cold War, was its confidence that, with America’s armed forces pre-occupied with two failing wars (and badly depleted because of a policy of not replacing military resources as fast as they are used up), there was little America could do in response. Russia’s calculations proved correct.

Even the largest and richest country in the world has limited resources. The Iraq war has been financed entirely on credit; and partly because of that, the US national debt has increased by two-thirds in just eight years.

But things keep getting worse: the deficit for 2009 alone is expected to be more than a half-trillion dollars, excluding the costs of financial bail-outs and the second stimulus package that almost all economists now say is urgently needed. The war, and the way it has been conducted, has reduced America’s room for maneuver, and will almost surely deepen and prolong the economic downturn.

The belief that the surge was successful is especially dangerous because the Afghanistan war is going so poorly. America’s European allies are tiring of the endless battles and mounting casualties. Most European leaders are not as practiced in the art of deception as the Bush administration; they have greater difficulty hiding the numbers from their citizens.

The British, for example, are well aware of the problems that they repeatedly encountered in their imperial era in Afghanistan. America will, of course, continue to put pressure on its allies, but democracy has a way of limiting the effectiveness of such pressure. Popular opposition to the Iraq war made it impossible for Mexico and Chile to give into American pressure at the United Nations to endorse the invasion; the citizens of these countries were proven right.

But back in America, the belief that the surge “worked” is now leading many to argue that more troops are needed in Afghanistan. True, the war in Iraq distracted America’s attention from Afghanistan. But the failures in Iraq are a matter of strategy, not troop strength. It is time for America, and Europe, to learn the lessons of Iraq – or, rather, relearn the lessons of virtually every country that tries to occupy another and determine its future.

Joseph E. Stiglitz, professor of economics at Columbia University, and recipient of the 2001 Nobel Prize in Economics, is co-author, with Linda Bilmes, of The Three Trillion Dollar War: The True Costs of the Iraq Conflict.

Copyright: Project Syndicate, 2008.
www.project-syndicate.org

Locking up the press

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› sarah@sfbg.com

On Aug. 20 the San Francisco Chronicle reported that video blogger Josh Wolf, who spent 226 days in federal prison in 2006 for refusing to testify before a grand jury and hand over his video of a protest turned violent, had begun working as a reporter with the Palo Alto Daily Post.

"Video blogger gets job as ‘real journalist,’<0x2009>" crowed the headline.

The article noted that some critics believe Wolf was a protest participant and not an impartial news gatherer, and accurately observed that his case fueled the debates over what defines a reporter and who deserves to be protected by the reporter’s privilege to protect confidential sources.

But it failed to mention that one of Wolf’s harshest critics was Chronicle columnist Debra Saunders, nor did it clarify that in recent years several federal courts have found that reporters — all reporters, even from major newspapers — can be forced to testify before grand juries.

California doesn’t allow its courts to compel journalists to reveal unpublished information, but the federal government has no such shield law. That’s why prosecutors could jail New York Times reporter Judith Miller, charge Chronicle reporters Lance Williams and Mark Fainaru-Wada with contempt, and slap USA Today‘s Toni Locy with hefty fines — all for refusing to disclose confidential sources and materials.

And as reporters continue to face contempt charges in federal court cases nationwide, Congress has been considering two very different versions of a federal shield bill.

These two versions take widely varying approaches toward who and what is protected. And thanks to Senate Republicans, who blocked all business not related to energy legislation before Congress’ August recess, a vote on the Senate bill did not occur at the end of July.

As a result, if the Senate doesn’t act by the end of September, both versions of the federal shield will likely die. And, depending on whom you talk to, that may or may not be a good thing.

The Free Flow of Information Act of 2007 (HR 2102), which the House of Representatives passed in October of that year, only protects journalists if their work is done for a substantial portion of the person’s livelihood or for substantial financial gain. In other words, no protection for Wolf, for most bloggers, or for many freelancers.

The good news is that the House bill extends protections to any documents or information obtained during the newsgathering process.

By comparison, the Senate bill (S 2035) only protects the identity of confidential sources, and any records, data, documents, or information obtained under a promise of confidentiality.

The Senate shield would cover any journalist who "engages in the regular gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public."

But it no longer requires the government to prove by preponderance of evidence that the information it seeks is essential, or that it has exhausted all other methods. And it makes more difficult any challenge by the reporter, based on whether the information involved is "properly classified" or whether its disclosure would harm national security.

It also expands the list of exceptions for which protection would be precluded: if disclosure could prevent criminal activities, terrorism, kidnapping, or imminent death or bodily harm; identify a person who has released some categories of private business and medical information; and where reporters witness criminal or tortuous conduct.

"I can’t overstate how much better the House bill is," Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, told the Guardian.

Although Dalglish is hopeful Senate Majority Leader Harry Reid (D-Nev.) will schedule the bill for a vote, she fears there won’t be enough time for a conference committee to iron out the differences between the two bills before the end of September, which means that only one version will have a chance of passing into law.

"My guess is that it will be the Senate bill, because the House will pass the Senate bill in a heartbeat, but the Senate will never pass the House bill," Dalglish observed.

Reached on break from his reporter gig, Wolf voiced his opposition to the Senate bill. "A shield law riddled with holes is no shield at all," Wolf said.

"It boggles my mind that any journalist could support the bill the way it is written," said Wolf, who would like to see a common law reporter privilege similar to the one for psychiatrists and therapists. "This is a shield law, in which, as best as I can tell, every single federal contempt case is carved out as an exception," Wolf opined.

While Dalglish acknowledges that the Senate shield only addresses subpoenas that seek to identify confidential sources (about 20 percent of subpoenas), she believes the Chronicle‘s Williams and Fainaru-Wada would have been protected, as would Locy.

"But Josh [Wolf] would not have been covered because he was not protecting confidential sources, and Judith Miller would have had a shot, though her case would have a more difficult time because of national security implications," Dalglish said. "And while by far the most subpoenas don’t have to do with confidential sources, they are the holy grail of journalism ethics, and you certainly have to, at a minimum, protect them — and the Senate bill is minimal."

Dalglish believes that both the Senate and House bills would allow the truthful, accurate, and independent gathering of information to go public, so the public could use this information at ballot boxes and in city halls, and ensure that people who have information to share could share it with reporters and the public.

"It’s not about protecting reporters," Dalglish added. "Reporters are not that special, in any shape or form. It’s about protecting the right of reporters to freely work on the public’s behalf, without being viewed as agents of the US Attorney."

Noting that the law in the Senate is not going to change what happened to Wolf in that instance because he was not protecting a confidential source, Dalglish’s message for reporters facing subpoenas, first and foremost, is: "Resist, tell them you don’t have it.

"Your obligation is to be independent, not an agent of the government," he continued. "So take your video, put it on a Web site, and make sure the public gets to see it at same time as the US Attorney."

Dreams of Obama

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› news@sfbg.com

Barack Obama, it is true, is a transformational leader. But he needs a transformational movement to become a transformational president.

He is transformational not only by his charisma and brilliance, but by embodying the possibility of an African American being chosen president in the generation following the civil rights movement. Whether he wins or loses, the vast movement inspired by Obama will become the next generation of American social activists.

For many Americans, the possibility of Obama is a deeply personal one. I mean here the mythic Obama who exists in our imaginations, not the literal Obama whose centrist positions will disappoint many progressives.

Myths are all-important, as Obama writes in Dreams from My Father (Three Rivers Press, 2004). Fifty years ago, the mythic Obama existed only as an aspiration, an ideal, in a country where interracial love was taboo and interracial marriage was largely banned. As Obama himself declared on the night of the Iowa primary, "Some said this night would never come."

The early civil rights movement, the jazz musicians, and the Beat poets dreamed up this mythic Obama before the literal Obama could materialize. His African father and white countercultural mother dared to dream and love him into existence, incarnate him, at the creative moment of the historic march on Washington. Only the overthrow of Jim Crow segregation opened space for the dream to rise politically.

In one of his best oratorical moments, Obama summons the spirit of social movements built from the bottom up, from the Revolutionary War to the abolitionist crusade, to the women’s suffrage cause, to the eight-hour day and the rights of labor, ending with the time of his birth when the walls came down in Selma and Montgomery, Ala., and Delano. As he repeats this mantra of movements thousands of times to millions of Americans, a new cultural understanding becomes possible. This is the foundation of a new American story that is badly needed.

Obama’s emerging narrative also includes but supercedes the other major explanation of American specialness, the narrative of the "melting pot," by noting that whatever "melting" did occur was always in the face of massive and entrenched opposition from the privileged.

John McCain represents a very different aspect of the American story. His inability to limit the adventurist appetite for war is the most dangerous element of the McCain, and the Republican, worldview. It is paralleled, of course, by their inability to limit the corporate appetite for an unregulated market economy. In combination, the brew is an economy directed to the needs of the country club rich, the oil companies, and military contractors. A form of crony capitalism slouches forward in place of either competitive markets or state regulation.

Yet McCain has a good chance, the best chance among Republicans, of winning in November. He appeals to those whose idea of the future is more of the past, buying time against the inevitable. And McCain is running against Obama, who threatens our institutions and culture simply by representing the unexpected and unauthorized future.

My prediction: if he continues on course, Obama will win the popular vote by a few percentage points in November, but will be at serious risk in the Electoral College. The institution, rooted in the original slavery compromise, may be a barrier too great to overcome.

The priority for Obama supporters has to be mobilization of new, undecided, and independent voters in up-for-grabs states like Pennsylvania, Ohio, and Michigan, while expanding the Electoral College delegates in places like New Mexico, Colorado, Nevada, and possibly Virginia.

There are many outside the Obama movement who assert that the candidate is "not progressive enough," that Obama will be co-opted as a new face for American interventionism, that in any event real change cannot be achieved from the top down. These criticisms are correct. But in the end, they miss the larger point.

Most of us want President Obama to withdraw troops from Iraq more rapidly than the 16 months promised by his campaign. But it is important that Obama’s position is shared by Iraq’s prime minister and the vast majority of both our peoples. The Iraqi regime, pressured by its own people, has rejected the White House and McCain’s refusal to adopt a timetable.

The real problem with Obama’s position on Iraq is his adherence to the outmoded Baker-Hamilton proposal to leave thousands of American troops behind for training, advising and ill-defined "counterterrorism" operations. Obama should be pressured to reconsider this recipe for a low visibility counterinsurgency quagmire.

On Iran, Obama has usefully emphasized diplomacy as the only path to manage the bilateral crisis and assure the possibility of orderly withdrawal from Iraq. He should be pressed to resist any escalation.

On Afghanistan, Obama has proposed transferring 10,000 American combat troops from Iraq, which means out of the frying pan, into the fire. On Pakistan, and the possibility of a ground invasion by Afghan and US troops, this could be Obama’s Bay of Pigs, a debacle.

On Israel-Palestine, he will pursue diplomacy more aggressively, but little more. Altogether, the counterinsurgencies in Iraq, Afghanistan, and Pakistan are likely to become a spreading global quagmire and a human-rights nightmare, nullifying the funding prospects for health care reform or other domestic initiatives.

In Latin America, Obama has been out of step and out of touch with the winds of democratic change sweeping the continent. His commitment to fulfilling the United Nations anti-poverty goals, or to eradicating sweatshops through a global living wage, is underwhelming and — given his anti-terrorism wars —will be underfinanced.

And so on. The man will disappoint as well as inspire.

Once again, then, why support him by knocking on doors, sending money, monitoring polling places, and getting our hopes up? There are three reasons that stand out in my mind. First, American progressives, radicals, and populists need to be part of the vast Obama coalition, not perceived as negative do-nothings in the minds of the young people and African Americans at the center of the organized campaign.

It is not a "lesser evil" for anyone of my generation’s background to send an African American Democrat to the White House. Pressure from Obama supporters is more effective than pressure from critics who don’t care much if he wins and won’t lift a finger to help him. Second, his court appointments will keep us from a right-wing lock on social, economic, and civil liberties issues during our lifetime. Third, it should be no problem to vote for Obama and picket his White House when justified.

Obama himself says he has solid progressive roots but that he intends to campaign and govern from the center. It is a challenge to rise up, organize, and reshape the center, and build a climate of public opinion so intense that it becomes necessary to redeploy from military quagmires, take on the unregulated corporations and uncontrolled global warming, and devote resources to domestic priorities like health care, the green economy, and inner-city jobs for youth.

What is missing in the current equation is not a capable and enlightened centrist but a progressive social movement on a scale like those of the past.

The refrain is familiar. Without the militant abolitionists, including the Underground Railroad and John Brown, there would have been no pressure on President Lincoln to end slavery. Without the radicals of the 1930s, there would have been no pressure on President Franklin Roosevelt, and therefore no New Deal, no Wagner Act, no Social Security.

The creative tension between large social movements and enlightened Machiavellian leaders is the historical model that has produced the most important reforms in the course of American history.

Mainstream political leaders will not move to the left of their own base. There are no shortcuts to radical change without a powerful and effective constituency organized from the bottom up. The next chapter in Obama’s new American story remains to be written, perhaps by the most visionary of his own supporters.

Progressives need to unite for Obama, but also unite — organically at least, and not in a top-down way — on issues like peace, the environment, the economy, media reform, campaign finance, and equality like never before. The growing conflict today is between democracy and empire, and the battle fronts are many and often confusing. Even the Bush years have failed to unite American progressives as effectively as occurred during Vietnam. There is no reason to expect a President McCain to unify anything more than our manic depression.

But there is the improbable hope that the movement set ablaze by the Obama campaign will be enough to elect Obama and a more progressive Congress in November, creating an explosion of rising expectations for social movements — here and around the world — that President Obama will be compelled to meet in 2009.

That is a moment to live and fight for.

Tom Hayden is a longtime political activist and former California legislator. This article was commissioned by the Association of Alternative Newsweeklies, of which the Guardian is a member, and is being carried in newspapers across the country this week.

Local Artist of the Week: Lauren DiCioccio

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LOCAL ARTIST Lauren DiCioccio
TITLE Mount Rushmore: The Four Presidents (hand embroidery on organza and pleather, 2008)
THE STORY “These embroideries are life-size sculptural re-creations of 35mm slides I have collected. I am drawn to slides as precious objects: the fragility of the translucent material and the intimacy of scale of a palm-size slide are particularly endearing. I hope to capture this tenderness in my sculptures. To make these little pieces, I embroider directly onto bridal organza, a delicate translucent material, and allow the excess threads to pour out the back and hang down the wall.
BIO DiCioccio’s current work employs tedious handiwork to investigate the beauty of commonplace mass-produced media objects (newspapers, magazines, office papers, writing pads, plastic bags, 35mm slides) in lamentation of their approaching obsolescence. She received a BA from Colgate University in 2002 and now lives in Woodside.
SHOW “Lauren DiCioccio, Aliza Lelah,” through Aug. 16. 11 a.m.–5:30 p.m., Mon.–Sat., Jack Fischer Gallery, 49 Geary, Suite 440, SF. (415) 956-1178, www.jackfischergallery.com
WEB SITE www.laurendicioccio.com

Realism about Russia

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Here is the first column in a series we will be running from Project Syndicate. Project Syndicate is an international association of newspapers devoted to bringing distinguished voices from across the world to local audiences everywhere, strengthening the independence of printed media in transition and developing countries and upgrading their journalistic, editorial, and business capacities. To learn more about Project Syndicate visit: www.project-syndicate.org/

Realism about Russia

By Joschka Fischer

BERLIN – Russia’s strategy to revise the post-Soviet order in what it calls its “near abroad” will be pursued with even more perseverance following its victory over Georgia. Europe should have no illusions about this and should begin to prepare itself. But, as the European Union ponders what to do, cold realism, not hysterical overreaction, is in order.

Unfortunately, equating the current situation in the Caucasus with the Soviet Union’s invasion of Czechoslovakia in 1968 does not attest to this kind of realism. Neither the West nor NATO constitutes the decisive strategic threat facing Russia, which comes from the Islamic South and from the Far East, in particular the emerging superpower, China. Moreover, Russia’s strength is in no way comparable to that of the former Soviet Union.

Indeed, demographically, Russia is undergoing a dramatic decline. Apart from commodity exports, it has little to offer to the global economy.

Notwithstanding booming oil and gas revenues, its infrastructure remains underdeveloped, and successful economic modernization is a long way off. Likewise, its political and legal system is authoritarian, and its numerous minority problems remain unsolved. As a result, Russia’s current challenging of the territorial integrity of Georgia might prove to be a grave error in the not-so-distant future.

Given this structural weakness, the idea of a new Cold War is misleading. The Cold War was an endurance race between two similarly strong rivals, the weaker of which eventually had to give up. Russia does not have the capacity to wage another struggle of that type. Nevertheless, as a restored great power, the new Russia will for the time being attempt to ride in the slipstream of other great powers for as long as doing so coincides with its possibilities and interests; it will concentrate on its own sphere of influence and on its role as a global energy power; and it will otherwise make use of its opportunities on a global scale to limit America’s power. But it will not be able to seriously challenge the United States – or looking towards the future, China – in ways that the Soviet Union once did.

It is now clear that in the future, Russia will once again pursue its vital interests with military force – particularly in its “near abroad.” But Europe must never accept a renewal of Russian great power politics, which operates according to the idea that might makes right. Indeed, it is here that Russia’s renewed confrontation with the West begins, because the new Europe is based on the principle of the inviolability of boundaries, peaceful conflict resolution, and the rule of law, so to forgo this principle for the benefit of imperial zones of influence would amount to self-abandonment. Further eastward expansion of NATO, however, will be possible only against fierce Russian resistance. Nor will this kind of policy in any way create more security, because it entails making promises that won’t be kept in an emergency – as we now see in Georgia.

For too long, the West has ignored Russia’s recovery of strength and was not prepared to accept the consequences. But not only Russia has changed; so has the entire world. America’s neo-conservatives have wasted a large part of their country’s power and moral authority in an unnecessary war in Iraq, willfully weakening the only global Western power. China, India, Brazil, Russia, and the Persian Gulf today are the world economy’s new growth centers and will soon be centers of power to be reckoned with. In view of these realities, the threat of exclusion from the G8 doesn’t really feel earth shattering to Russia. Europe’s disunity and impotence underline this image of a West that has partially lost touch with geo-political realities.

The response to the return of Russia’s imperial great power politics has nothing to do with punishing Russia, and a lot to do with establishing innately Western – especially European – positions of power. This requires several measures:

• a new political dynamism vis-à-vis Turkey to link this country, one crucial for European security, permanently to Europe;

• putting a stop to Moscow’s divide-and-conquer politics by adopting a common EU energy policy;

• a serious initiative for strengthening Europe’s defense capabilities;

• a greater EU commitment to Ukraine to safeguard its independence;

• a greater freedom of travel for all the EU’s Eastern neighbors.

All of this, and much more, is needed to send a clear signal to Russia that Europe is unwilling to stand idly by as it returns to great power politics.

Presumably, none of this will happen, and it is precisely such inaction that is, in large part, the cause of Russia’s strength and Europe’s weakness. At the same time, however, one shouldn’t lose sight of the joint interests linking Russia and the West. Cooperative relations should be maintained as far as possible.

It is blatantly obvious that for Russia’s elites, weakness and cooperation are mutually exclusive. Therefore, whoever wants cooperation with Russia – which is in Europe’s interest – must be strong. That is the lesson from the violence in the Caucasus that Europe must urgently take to heart.

Joschka Fischer, Germany’s Foreign Minister and Vice Chancellor from 1998 to 2005, led Germany’s Green Party for nearly 20 years.

Copyright: Project Syndicate/Institute for Human Sciences, 2008.
www.project-syndicate.org

Judge denies SF Weekly motion for new trial

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

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

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

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

Miller, with little comment, denied those requests.

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

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

The defendants have said they plan to appeal.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tough love for the McCain campaign

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By Bruce B. Brugmann

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

Scheer raises the critical question for McCain and the Republicans:

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

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

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

Vega leaving the Chron for KGO-TV

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Cecilia Vega — who covers Mayor Gavin Newsom for the San Francisco Chronicle, where she broke big stories ranging from the big sex scandal to the mayor’s extravagant spending during hard times — has taken a job with KGO-TV Channel 7 covering Oakland City Hall.
It’s a loss for the newspaper industry, which Vega has worked in for about 10 years, reporting for the Santa Rosa Press Democrat and San Bernardino Sun before joining the Chron four years ago. But Vega — who has been a colleague of mine on the City Desk News Hour (a TV show she’ll also be leaving) for the last couple years — sees it as a good opportunity during these trying times for the Chron, which has made deep staff cuts to cope with declining readership and big financial losses.
“Making the decision to leave newspapers wasn’t easy — even in these uncertain times in the industry. It’s not something I ever thought I would do. But I’ve got a great opportunity to learn a new form of story telling at Channel 7. And besides, with all the scandals going on in Oakland City Hall right now, what political reporter isn’t itching to do stories there? It’s an exciting opportunity I just couldn’t pass up,” Vega told me.
Her last day at the Chron is July 25 and she’ll be starting her new gig in early September after getting married in August. The word is reporter Erin Allday, a novice to political reporting, will take over the Newsom beat.

MediaNews lays off toilet paper, pens

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Denver-based MediaNews Group announced today that it plans to lay off all pens, note pads and toilet paper declaring that the cuts would enable the company to remain profitable while continuing to serve news to its readers.

The company, which owns several major daily newspapers in the Bay Area including the Oakland Tribune, the San Jose Mercury News and the Contra Costa Times, also disclosed that its reporters will no longer gather in buildings leased or owned by MediaNews as the company will be shedding all of its commercial office space in order to save yet more money. Instead, they’ll meet in freely accessible public parks where they will use scattered twigs to etch their stories into the dirt relying on cans and rope to call their sources. Bloggers will then summarize the etchings by peering over their shoulders, but attribution won’t be necessary, because, well, you can’t link readers to sodden earth.

MediaNews CEO Dean Singleton asked company employees during a press conference in a Denver city park to refrain from throwing beer cans at him so the company can recycle them for pocket change to pay down his vast army of creditors, which is currently threatening mutiny.

Singleton has also reportedly done away with “beats” at his newspapers and his few remaining reporters will from now on cover “whatever they can gather with crude tools available on the ground,” according to the only reporter capable of actually documenting the conference with a pen and note pad, a bored-looking Entertainment Tonight producer who was apparently passing time in the park before Val Kilmer made a rare, rumored appearance in an opulent Denver restaurant around the corner.

“These are strange times,” Singleton said at the conference. “It may appear on the surface that the American people care about the Zimbabwean elections considering the recent demand for coverage there. But my nose for news tells me its anti-union editorials on the front page of the Denver Post that they really want and need.”

Newsom’s backwards budget

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EDITORIAL The San Francisco city employee union that represents front-line workers has come up with a remarkable document. It’s an analysis by the city controller, requested through the office of Sup. Aaron Peskin, that shows how many jobs have been added or cut in the past 10 years, broken down by bargaining group.

Since almost all San Francisco employees, including managers, are unionized, and different categories of workers have different unions, the analysis paints a clear picture of where hiring has taken place and where job cuts have hit hardest. It is, in many ways, a snapshot of the budget priorities of Mayor Gavin Newsom. And as Sarah Phelan reported this week on sfbg.com, here’s what it shows:

As direct public services have been hacked up and eliminated, as homeless shelters close and nursing services for elderly shut-ins vanish, the city has hired a whole lot of new high-paid managers.

In fact, in the past decade, the city has added 334 high-level jobs, paying an average of $140,000 a year. That’s a 45 percent jump. Under Newsom’s administration, during tough budget times, 166 new managers have been added. In this year’s budget alone, Newsom is calling for 52 new managers.

Professional and technical jobs increased by 781 positions, a 23 percent rise.

Front-line jobs, on the other hand, have grown by less than 10 percent.

Of course, the city needs managers and technical staff. Some of the new positions are entirely legitimate and justified. But these high-level jobs are also where political cronies are placed, and management jobs in this city have always had a political patronage element. And when the budget is deeply in the red, it doesn’t make sense to lay off the people who are doing the day-to-day work and hire more people to supervise a reduced staff.

Let’s look at the numbers. The total tab for new managers amounts to about $46 million a year. The increase — just the increase — in management positions in this year’s budget would total $7.8 million. That would save a lot of services: Newsom shut down Buster’s Place, the city’s only 24-hour drop-in center for the homeless, to save $300,000. Keeping public health nurses to serve sick seniors would cost only a few hundred thousand more.

The daily newspapers have ignored this story so far, but it’s the blockbuster of the budget season. It shows where the mayor puts his priorities, what he really cares about. He’s got exotic positions like a director of sustainability, in his own office — which is a wonderful idea, but with a budget deficit of more than $300 million, is it really worth $160,000 a year? (Don’t we already have a Department of the Environment?) He’s got people out at the airport who collect six-figure salaries and do very little visible work. And yet he can’t manage to keep basic services for the needy — services that can make the difference between life and death on the streets — from vanishing in a whirlpool of red ink.

Peskin has made some noise about cutting high-end jobs instead of rank-and-file positions, but with the budget coming to a head soon, that ought to be one of the top priorities. In fact, the board’s Budget Committee ought to issue a challenge to the mayor: before another homeless program is cut, before another public health service is eliminated, before another city agency that does on-the-ground work to help low-income people is gutted, Newsom should demonstrate, job by job, why so many $140,000-a-year positions are critical to the city.

The other glaring problem with the budget is that it includes no plans for increased revenue.

Newsom is happy to blame Gov. Arnold Schwarzenegger for terminating aid to cities, but let’s face it: with Republicans in Sacramento and Washington DC, San Francisco is going to have to solve most of its problems on its own. This is nothing new; Newsom should hardly be shocked by it.

If the mayor wants his budget to be taken seriously, he should immediately announce that he’s supporting Peskin’s two revenue-generating measures on the November ballot and do all that he can to help them pass. Then he can add another $50 million or so to his budget, based on the projected revenue, and save a lot of crucial services that are now facing the ax.

Tim Russert – an alternative view

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By Bruce B. Brugmann

I started cringing early on when the floodtide of eulogies came in for Tim Russert. I cringed because NBC and MSNBC forgot about journalism and went instead for self-reverence to the maximum. And I cringed because so many politicians came forward so quickly to praise him so glowingly and NPC was so happy to run them. And I cringed because all of this once again made the point so dramatically about the incestuous relationship between the press and the political establishment inside the Beltway in Washington, D.C.

I liked Tim Russert, NBC’s Meet the Press anchor and Washington bureau chief. I realized that he had taken a moribund television news program and transformed it with his personality and ability into the premiere Washington television news program. And I liked the fact that he volunteered to cover the presidential primaries and provided some zest and insights.

But there were many things I didn’t like about Russert’s approach to journalism, most notably the fact that the Bush administration loudly claimed it used his Sunday morning show as its favorite to promote its war in Iraq and that Russert never properly challenged them. “In reality, Meet the Press was the venue for some of the White House’s most audacious lies about the Iraq War–most of which went unchallenged by Russert,” according to an excellent critique of Russert by the media organization Fairness & Accuracy In Reporting…

“Recalling such softball questioning, it’s easy to believe the advice that Cheney press aide Cathie Martin says she gave when the Bush administration had to respond to charges that it manipulated pre-Iraq War intelligence: ‘I suggested we put the vice president on Meet the Press, which was the tactic we often used,’ she said (Salon, l/26/07). ‘It’s our best format.'”

Russert also demonstrated the problem with Beltway access. He had access to the politicians and political establishment for his shows but he refused to use his powers of access for critics of the war and people outside the political establishment.
FAIR pointed out that in Bill Moyers’s documentary “Buying the War” (PBS, 4/25/07), Russert said he wished that dissenting sources would have contacted him: “My concern then was, is that there were concerns expressed by other government officials. And to this day, I wish my phone had rung, or I had access to them.” Of course, as FAIR noted, “any journalist could have found such sources–and few critics of the war would have passed up an opportunity to air their views on such a prominent media platform.” Why didn’t he have access to Noam Chomsky, Howard Zinn, the authors of Project Censored stories, or the director of Project Censored, the Nation people, Frank Rich at the New York Times, or other major war critics who, among other things, weren’t lying and happened to be proven right on their positions against the war, the occupation, and the surge?

FAIR quoted Russert as saying that the White House claims “were judgments, and there was no way at that time to say, ‘You’re wrong. How could you possibly say that? You’re lying.’ That’s just not the style of Meet the Press, nor I think the style of good journalism, but we now have a permanent record as to the judgments believed by the Bush administration going into the war and you can look at them three years later and decide whether they were correct or not.'”

Well, as FAIR concludes, “there are journalists who examine the claims made by politicians at the time they make them, and some were doing just that with the assertions Bush Administration officials used to justify the invasion of Iraq (Extra!3-4/06). Had a journalist with the prominence of Tim Russert done so, it’s possible that the debate could have had an entirely different outcome.”

The example I like to use is that the Guardian, and many other alternative newspapers and voices, with no special sources in Washington or Iraq, could figure out that this was the wrong war at the wrong time for the wrong reasons and opposed it strongly and continuously from the very beginning. Why couldn’t Russert, the White House press corps, and the mainstream media figure this out, the biggest foreign policy blunder in U..S. history?
The coverage of his death gives us a clue. B3


Click here
for the FAIR blog, Remembering Russert: What media eulogies remember–and forget.

Click here to read the Orlando Sentinel blog, The Tim Russert coverage: one of the most embarrassing chapters in television journalism.

The public power initiative: let’s roll

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By Bruce B. Brugmann

Coming home after almost two weeks in Sweden with the annual World Association of Newspapers (WAN) assembly and study tour, I was struck once again how nothing seems to change in San Francisco when it comes to the PG&E/Raker Act scandal.

PG&E was still firmly in control of the city’s energy policy in the mayor’s office. Mayor Gavin “The Green Knight” Newsom had capitulated spectacularly to PG&E and had reversed his policy of supporting a plan by his PUC that would have given the city control over some local power generation at the Mirant power plant (the peaker proposal.) The mayor had met secretly with PG&E executives and stiffed representatives from the Potrero Hill neighborhood and the environmental, environmental justice, public power, and community choice aggregation (CCA) movements.

The Hearst-owned Chronicle continued its long corporate tradition of blacking out the real story of the accelerating PG&E/Raker Act scandal. The utility was beautifully executing its divide and conquer strategy it has honed ever since the days that John Muir and the Sierra Club fought in vain to stop the damming of Hetch Hetchy Valley in Yosemite National Park for the city’s public water and power supply. (In that battle at that time, the Guardian would have stood with Muir.)

Amanda Witherell laid out the latest sorry episode in her story in Wednesday’s Guardian. Her lead: “Green City Mayor Gavin Newsom finally outlined what he calls a ‘more promising way forward than the current proposal’ of building two publicly owned power plants in San Francisco. The way forward: retrofit three existing diesel turbines at the Mirant Potrero Power Plant, while simultaneously shutting down Mirant’s most polluting smokestack, Unit 2.”

Our editorial laid out the political context: “The politics of the deal are complicated, but the driving force is clear: PG&E didn’t want the city moving even a small step toward public power, and as usual, the big utility is getting its way…PG&E has been trying for months to derail the peakers–not, of course, out of any concern for the environment, but because the city would own the power plants. At first Newsom stuck by his SPUC but when seven PG&E lobbyists came into his office and gave him the facts of life (see ‘PG&E offers Newsom a blank check‘), he backed down.

“And now, after meeting with the CEOs of PG&E and Mirant, Newsom is pushing the worst possible alternative: he wants to retrofit the Mirant plant and let the private company operate its own peakers. Same fossil fuel plants in the Bayview. Same type of air pollution. And the facility would be owned by a private company.”

Repeating for emphasis: When PG&E spits, City Hall swims. When PG&E spits, the mayor swims.

And so PG&E and Newsom have set the stage for the next phase in this great battle to kick PG&E out of City Hall, enforce the federal Raker Act mandating public power for San Francisco, and bring our own cheap, clean Hetch Hetchy public power to the residents and businesses of San Francisco.

The next stage is the emerging new public power initiative that Supervisors Ross Mirkarimi and Aaron Peskin are working on, with a wide swath of neighborhood and public power forces, aimed for the November ballot as a charter amendment.

This would be the third go at taking on PG&E head-on on the November ballot. This time it has a good chance of succeeding since PG&E and Newsom have gone out of their way to make the case for public power in 96 point Tempo Bold for all to see and savor. The measure will also be helped by massive turnout with Obama, seven supervisorial races, a clutch of solid progressive measures, and a smart, aggressive Obama like grassroots organizing campaign.

Let’s roll. B3, who wonders when he will no longer see the fumes from the Mirant plant from his office window at 135 Mississippi Street at the bottom of Potrero Hill

Click here to read this week’s article, Newsom’s power play.

Click here for this week’s editorial, A vote for public power in November.

Beers With Violet Blue

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While we’re on the subject of Violet Blue, we figured it’s time to post Justin Juul’s recent interview with the sexy local celeb. Read on!

Violet Blue is one of those people who builds robots, dreams about cupcakes, and has twelve phones. You know the type. They usually write about porn and sex on their award-winning blogs and you can pretty much count on them to release about three books a year. They often pose semi-nude for well-known photographers, write columns for daily newspapers, and make appearances on national television shows. Wait. I don’t know anyone that cool, or at least I didn’t until I met Violet. The Guardian recently had a few beers with Ms. Blue to try to learn the secret to her seemingly impossible career and life.

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SFBG: So whatcha been up to lately?
Violet Blue: Well, one new thing I’m working on is a series of interviews for Kink. They’ve really been stepping up their production lately so there are more big-name porn stars coming through. I’ve been interviewing all of them.

SFBG: Who have you interviewed?
Blue: Oh, I’ve done tons. I’ve been gathering them for weeks and I’m just writing them up now. I’ve got Ariel X, Flower Tucci, and a bunch of other famous people. I like doing the interviews because I’m kind of outside the porn industry. So instead of asking them how big their boobs are, I’ll maybe ask them if they have names for their boobs, which I actually did ask a couple girls.

61st World Newspaper Congress, 15th World Editors Forum

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I’m off to Sweden and the annual assembly of the World Association of Newspapers (WAN), an international free press organization. Ill keep you posted, B3