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Guardian lawsuit: Opening statements

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The Guardian v. SF Weekly trial swung into high gear today with both sides presenting opening statements and the first Guardian witnesses taking the stand. The early presentations gave a clear sense of where the trial will go.

Ralph Alldredge, representing the Guardian, laid out the essence of the case:

Over the past 11 years, the SF Weekly, later joined by the East Bay Express, have systematically sold ads below cost. The cost-cutting was so dramatic, he said, that during that period the two papers lost a total of $25 million, and those losses have been escalating.

That, he explained, was not because the people who run the Weekly and ran the Express are bad managers. It’s because they were attempting to damage the locally owned competitor. “If you’re not trying to make a profit,” he asked, “what are you trying to do?”

In fact, while the Weekly lawyers have argued consistently (and would argue later in the day) that the market is packed with different competitors, and that the Weekly didn’t see the Guardian as its only or even primary competition, internal memos show that Weekly and New Times staffers were obsessed with beating the Guardian. The memos consistently refer to the “battle” and “the way” and use terms like “frontal assault.” And those memos weren’t discussing the entire universe of competition – they focused only on the Guardian.

In fact, New Times executives put together a quarterly “Guardian report” focused entirely on how well the Weekly was doing taking ads away from the local paper.

In just one instance that Alldredge mentioned, The Weekly inked a deal with Clear Channel in 2005 that was designed in part to take ads away from the Guardian. Under the terms of the deal, the Weekly would get the bulk of the company’s alternative weekly ads – and “the competing paper [the Guardian],” a memo from a Clear Channel official states, “gets 15% to 0.”

H. Sinclair Kerr, attorney for the Weekly, didn’t deny that his client had sold ads below cost; in fact, he admitted it, right up front. But he insisted that all of those sales were perfectly legal because they were done either to increase the paper’s market share or to meet competition.

Kerr posted a graphic showing that the Bay Area is home to more than 140 newspapers and scores of radio and TV stations, and he argued that all of those outlets were part of the Weekly’s competition. “The reason we were selling below cost,” he said, “is because that’s the only price we could get.”

However, memos from his clients that were presented by Alldredge don’t mention any other newspapers or other types of media. It appears clear from the evidence presented so far that the Weekly and New Times executives considered the Guardian their single most important competitor.

The presentations today suggest that the trial will come down to the question of intent and the damage that the Weekly and its chain owners have done to the Guardian.

Daily Journal: Trial to start in Bay Guardian’s suit over rival’s ad costs

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SAN FRANCISCO – For the 30th anniversary edition of The San Francisco Bay Guardian, founders Bruce B. Brugmann and Jean Dibble, his wife, posed for a cover shot in front of their home.

Dibble wore an apron and an overall-clad Brugmann held a pitchfork, recreating one of this country’s most famous paintings, Grant Wood’s 1930 “American Gothic.”

The photo was a nod to the couple’s Midwestern roots. Wood’s portrait depicted an Iowa dentist and his sister; Brugmann and Dibble came to San Francisco from Rock Rapids, Iowa, to start the Guardian in 1966.

But it wasn’t a pitchfork that got the unapologetically left-leaning newspaper going. It was a lawsuit.

In 1970, Brugmann sued the San Francisco Newspaper Agency, which operated the San Francisco Chronicle and the San Francisco Examiner under a joint operating agreement. Brugmann’s complaint asserted that the agreement constituted a monopoly.

The case settled for $500,000, and Brugmann used the money to increase the frequency of his publication.

Forty years later, Brugmann is back in court with another anti-competitive lawsuit.

This one, against SF Weekly and its parent chain, New Times Newspapers, asserts that the Weekly sold its advertisements below what it cost to produce them in an effort to push the Guardian out of business. Bay Guardian Co. v. New Times Media, 435585 (S.F. Super. Ct., filed Oct. 19, 2004).

Jury selection is set to begin Thursday in San Francisco County Superior Court, Judge Marla J. Miller’s courtroom.

Brugmann’s suit also claims below-cost ad sales or “predatory pricing” by the East Bay Express, which New Times bought in 2001 but sold last year. New Times merged with and became Village Voice Media in 2006. Its 17 publications make it the largest chain of alternative newsweeklies in the United States.

New Times executives and its attorneys deny that either the East Bay Express or SF Weekly sold ads below cost in an effort to rid the market of the Guardian.

Experts say predatory-pricing cases are interesting because of the inherently economic and somewhat theoretical aspect of the claims. What is cost, and how should it be determined? And, perhaps more important, does the plaintiff need to prove that the defendant would be successful post-predatory pricing?

In California, at least, the latter may be debatable.

SF Weekly launched in 1989. When New Times bought the Weekly in 1995, the Bay Area became one of three places New Times had a direct competitor in the market. In the second and third places, Cleveland and Los Angeles, New Times competed with rival Village Voice Media papers. In 2002, a “market-swap” deal between the chains eliminated head-to-head competition in those cities but caught the attention of the Justice Department. In January 2003, both companies signed a consent decree agreeing to aid competition by selling the rights to their former paper names. Neither admitted wrongdoing.

Brugmann points to that incident as evidence that New Times has a history of eliminating competition, but a pretrial motion from New Times barred any reference to the deal at trial.

The Weekly and the Guardian are both distributed free and depend largely on advertising revenues.

Although generally more politically moderate – and far less likely to take on such constant Brugmann targets as Pacific Gas and Electric Co. – the Weekly closely parallels the Guardian’s other qualities, including ubiquitous advertising for medical-marijuana clubs, “escort” services and bars and restaurants.

San Francisco Kerr & Wagstaffe attorneys H. Sinclair Kerr, James M. Wagstaffe and Ivo Labar represent New Times.

Labar said Brugmann is using the Weekly as a “scapegoat” for his own problems in dealing with new challenges in print media.

Michael Lacey, executive editor of the new Village Voice chain, agreed.

“[A lawsuit] is how Bruce got into the business, and now, in the twilight of his years, it’s how he’s hoping to maintain his business in a really tough media market,” Lacey said.

But Brugmann denies that’s the case.

“Of course that’s their story,” he said. “But from our point of view, the fact that the economy is not good and there are other problems in this business only makes this problem more acute.”

The problem Brugmann refers to began after New Times’ purchase of the Weekly.
According to Brugmann, his advertising staff started coming to him saying they were having problems making sales.

An exhibit in the Guardian’s court documents shows a list of dozens of advertisers, with Guardian employee notations alongside them: “Couldn’t match SFW,” “Great Deal with EBE [East Bay Express],” “Ludicrous deal from SFW,” “SFW giving away free ads,” “Will come back if match SFW,” “Match SFW or we’ll pull ads.”

Brugmann said he tried warning the Weekly about its practice. But when the ad rates didn’t go up, he sued.

“We had to sue them to get an even playing field,” he said.

Brugmann’s complaint asserts that the Weekly is using its parent company’s resources to lose money in San Francisco until the Guardian folds – like a broadsheet.
“This is a situation where a chain has decided that it could take over the market and either run a small family-owned company out of business or at least cripple them so they wouldn’t be an effective competitor,” said Ralph C. Alldredge, a San Francisco attorney who represents the Guardian.

E. Craig Moody and Richard P. Hill of San Francisco’s Moody & Hill also represent the Guardian.

In opposition to the Weekly’s motion for summary judgment (which was denied by San Francisco County Superior Court Judge Richard A. Kramer in October), the Guardian points out that Weekly executives knew their paper could make money in the Bay Area market if they raised their advertising rates.

The Guardian’s papers also cite evidence of wrongful intent. One piece of evidence is that, in a meeting with Weekly staff shortly after New Times bought the paper, Lacey told his employees he wanted the Weekly to be “the only game in town.”

Lacey points out that statement was made well before the period covered by Brugmann’s lawsuit and that he was speaking about editorial content, not advertising.

“I write for a living, and I edit for a living,” he said. “I have nothing to do with advertising. I never have.”

According to Lacey and attorney Labar, the Weekly would be no better off with the Guardian out of the picture.

“That doesn’t change our business profile here,” Lacey said. “I guarantee you, like mushrooms cropping up, there will be publications cropping up. Everybody takes a piece of the same sorts of actions.”

Labar agreed.

“This isn’t a city with two newspapers,” he said. “It’s a city with unlimited means to advertise.”

In papers, the Weekly point to several other newspapers or online advertising outlets that clutter the Bay Area market: a weekly supplement in the San Francisco Chronicle, the Chronicle itself, The Onion and craigslist, among others.

But the Guardian’s papers assert that New Times executives called the Bay Area advertising market a “zero sum game” with the Guardian and kept track of the number of advertising inches purchased by each Bay Guardian customer in a weekly “Guardian Report.”

Experts say predatory-pricing cases face very different odds depending on where they are filed. Attorneys say California superior courts generally are seen as more friendly to plaintiffs.

That’s largely because federal courts have been swayed by decades-old economic theory that is skeptical of the plausibility of predatory-pricing claims, some say.

“[The theory] was highly critical of the idea that predation could ever work,” said Daniel A. Crane, an antitrust professor at the Benjamin N. Cardozo School of Law. “For one, it’s extremely expensive. Then, you not only have to prevail, you have to recoup [recover your losses]. If another firm comes into the market, you don’t get to recoup. It’s almost a suicidal way of doing business.”

Crane, who has written about predatory-pricing cases, said economic theory also has developed in support of predatory-pricing claims. But in his view, the theories often don’t stand up in the real world.

Don T. Hibner, an antitrust attorney with Sheppard, Mullin, Richter & Hampton in Los Angeles, agreed.

“With enough ifs, we could put Paris in a bottle,” Hibner said, paraphrasing a French proverb. “We want to use economic theory to buttress facts and common sense. If we’re going out on a limb and all we have is economic theory, God help us.”

To protect competitors from purely theoretical claims, Hibner said federal courts have adopted tougher standards for plaintiffs in predatory-pricing cases. First, they’ve adopted a method of calcuutf8g cost that takes into account only variable costs.

California uses a method called “fully allocated costs,” which factors in all costs, both fixed and variable. That method generally yields a higher cost, making it easier for a plaintiff to show that any sale was below cost.

Second, federal courts require the plaintiff to prove that the defendant would in fact be able to recover or recoup its losses after the plaintiff was pushed out of the market. California courts have not directly addressed the issue of recoupment, making the recoupment prong debatable, attorneys say.

Cost and recoupment are the “two horns on which you can be hooked” in federal courts, according to Maxwell M. Blecher, of Blecher & Collins in Los Angeles. Blecher most often represents plaintiffs in predatory-pricing cases.

Hibner said the California statutes dealing with sales below cost “seem to mean what they say,” he said.

The primary statute at issue, Business and Professions Code 17043, reads, “It is unlawful for any person engaged in business within this state to sell any article or product at less than the cost thereof to such vendor, or to give away any article or product, for the purpose of injuring competitors or destroying competition.”

Hibner said literal readings of the statute sometimes can shift the protection of antitrust laws from consumers to “inefficient competitors.”

But according to Alldredge, the language makes the Guardian’s case simple.

“All you do is take all of their costs and divide that by the number of inches of advertising space they sold,” he said. “That tells you how much the cost is per inch. Whenever they sell below that cost, under California law, they’ve committed a violation.”
And, he added, under California’s Unfair Practices Act, with even one below-cost sale, a defendant’s negative intent is presumed.

That places the burden on the defense to show that they had another reason for selling below cost.

“Why were we selling below cost on certain advertisements?” Labar asked. “We couldn’t get a higher price.”

Labar said the triable issue of fact is intent.

“They’re trying to say a handful of documents and a couple of statements indicate we were trying to run them out of business,” he said. “We say, ‘No, they indicate we were trying to compete.'”

Copyright 2008 Daily Journal Corp. Reprinted with permission. This file cannot be downloaded from this page. the Daily journal’s definition of reprint and posting permission does not include the downloading, copying by third parties or other any other type of transmission of any posted articles.

Return of blog anxiety

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› annalee@techsploitation.com

TECHSPLOITATION Six years ago I wrote a column titled "Blog Anxiety," which was all about how bloggers make me nervous and jealous with their lightning-fast news cycles. I bemoaned my inability to commit words to public record without waiting for editorial oversight and without waiting for publication day (inevitably several days if not weeks after I had written those words). I talked about how bloggers can cite sources they’ve talked to informally and how they seem blissfully unburdened by concerns about injecting a personal perspective into their writing.

That was before It All Changed. And by "It All Changed," I don’t just mean that I became a blogger, which I did. More profoundly, I mean that blogs themselves have changed.

They are not the subterranean upstart media without rules anymore. I’m certainly not the first person to observe that blogs are fast becoming indistinguishable from mainstream media, and indeed places like the New York Times and the Washington Post have blogs that are often more newsy than the papers themselves. This blurring between formerly mainstream media and formerly alternative media means that the upstarts are having to follow old-school rules.

While I can’t speak for all bloggers, I prefer not to publish anything on my blog that hasn’t been edited. I don’t want readers to see my spelling errors and craptastic leaps in logic, thank you very much (of course you’ll still see many, but not as many as you would if there were no edits). I also spend a fair amount of time on the phone or on e-mail interviewing sources for my posts, as well as doing research. And I won’t publish anything that I think will get me sued, is libelous, or is just plain wrong, even if it’s funny. What I’m saying is that my blog is not exactly the unedited, stream-of-consciousness outpourings of a person in pajamas. Well, OK, I am often in pajamas.

Recently I was reading a conversation thread on Metafilter, one of my favorite still-subterranean Web sites for smart talk and slagging. Somebody mentioned my science fiction blog io9.com, then snarked at me for starting a blog when I was on record saying that blogs freak me out. An unedited discussion full of spiky banter and maniacal analysis followed — exactly the kind of conversation I once associated with all blogs. People were nastier than they would have been if writing for a mainstream publication, but the cool ideas–to–noise ratio was nevertheless far higher than you’d ever get in USA Today or CNN.

And this brings me to what scares me about blogs now. I worry that instead of taking the Metafilter ethos mainstream, many blogs are leaving it behind. That’s not because we have editors or talk to sources — I’m happy to see bloggers doing that. It’s because our audiences are starting to be as big as those of the mainstream media, and the mainstream media have taught us to be afraid of saying what we really think to those audiences. They’ve taught us that we should tiptoe around hot-button issues like climate change and sex and delay publishing stories that might upset the government until such a time as the government is comfortable with those stories.

This is the source of my blog anxiety in 2008. Will blogs take on all the bad habits of the mainstream media, self-censoring when we should be publishing? Or will bloggers help the media progress just a little bit further toward independence of thought and bravery in publication?

It’s still too early to tell. Even the most mainstream blogs don’t suffer the same pressures that mainstream publications like the New York Times do. Blogs don’t have the 100-year histories of many newspapers and magazines — they don’t have the huge staffs and long, elaborate relationships with corporations and governments and famous, influential people. And I am glad we don’t have that history. I hope we can make our own, new history and shake up the way news is made and culture is analyzed. And then, in 30 years, I hope a new medium will come along and kick our asses too. *

Annalee Newitz is a surly media nerd who spends all day and all night blogging and editing at io9.com. You think she’s kidding about that, but she isn’t.

Inside Iraq

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iraq_blog_banner.jpg

The most recent issue of the New York Review of Books has a fascinating piece by Michael Massing on a blog run by Iraqi journalists that work for McClatchy Newspapers, one of the few outfits that has kept a Mideast bureau despite its fall into the black hole of massive media consolidation.

Inside Iraq consists of intense, personal accounts of day-to-day life for these Iraqi journalists, who mask their identities in order to avoid the death threats that many Iraqis receive for helping Americans. The blog posts include fears of being gunned down by Americans for driving to close to convoys as they travel to and from work, intense encounters with American and Iraqi soldiers randomly searching their homes, their cars, the details of their lives, what it’s like living without electricity for hours on end, day after day. (While here we whine way at PG&E…) All the essential details of life in Iraq that have been irrevocably altered by the war.

It’s scary, tense reading, and puts a real face on and beating heart in this war, which is sorely lacking from so much media coverage, as Massing points out in his article.

Apropos for today’s New Hampshire primary, a Jan. 3 post includes a plea to Americans to choose our next candidate wisely: “…Your choice will determine the main lines for our life … Yes your choice will change our life for good or for bad,” writes Jenan.

We hear you. I hope.

Offies!

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› tredmond@sfbg.com

It’s gotten to the point where you don’t have to make fun of the president anymore — the rest of the country has gotten so insane that George W. Bush almost looks normal. Just think about 2007:

One presidential candidate said aborted fetuses could have replaced immigrant workers. One said he wanted to be sure to shoot Osama bin Laden with American-made bullets. One said he’d seen a UFO. One said he wanted to deport 400,000 immigrants but was too busy.

A prominent conservative writer said Jewish people need to be "perfected." A bathroom stall in Minneapolis became a tourist attraction.

And Gavin Newsom screwed his secretary, Ed Jew didn’t know where he lived, people ran naked for mayor, Halloween was cancelled … It was, by any standard, a banner year for the Offies.

YES, I SLEPT WITH MY SECRETARY. YES, SHE WAS MARRIED TO MY CAMPAIGN MANAGER. YES, I AM AN ASSHOLE. THE NEWSPAPERS GOT THAT RIGHT.

Gavin Newsom, faced with news of his sordid affair with Ruby Rippey-Tourk, told reporters that "everything you’ve read is true."

SISTERHOOD IS POWERFUL

Jennifer Siebel, Newsom’s girlfriend who said "the woman is the culprit" in the mayor’s notorious affair, posted a message on SFist.com insisting she’s a "gal’s gal."

GOOD ONE, JEN — WAY TO ACCUSE YOUR BOYFRIEND OF DATE RAPE

Siebel said Newsom’s affair with Rippey-Tourk "was nothing but a few incidents when she showed up passed out outside of his door."

THE TRUTH, NEWSOM STYLE

Newsom’s press secretary, Peter Ragone, admitted to posting fake pro-Newsom comments on the SFist blog under a friend’s name.

AND NOW HE CAN CLAIM HE’S REALLY A CELEBRITY

Newsom announced he would go into rehab.

YOU’D THINK A SECRETIVE MAYOR WHOSE PRESS SECRETARY LIES COULD AT LEAST MAKE THE TRAINS RUN ON TIME

The Muni Metro T line opened for business with delays that crashed the entire underground train system.

JEEZ, CAN’T YOU TV PEOPLE FIND A REPORTER WHO WILL STOP ASKING THE MAYOR SO MANY EMBARRASSING QUESTIONS?

Newsom announced on camera that he wasn’t going to talk to ABC’s Dan Noyes anymore, saying, "You just send some other reporters. It’s going to be a lot easier now."

WAIT — ISN’T THERE SOME STATE LAW ABOUT USING YOUR CELL PHONE WHEN YOU’RE DRIVING?

State senator Carole Migden crashed her state-owned SUV into another car in Marin when she took her eyes off the road to answer a cell phone call.

COME TO THINK OF IT, HE DOES HAVE THAT HOLLYWOOD SMILE GOING ON. AND THOSE EYES …

Sup. Chris Daly set off a press furor when he said Newsom was refusing to answer questions about his alleged cocaine use.

THAT’S OK — IT’S HARD TO GET THOSE COSTUMES OFF TO PEE ANYWAY

Newsom’s press office announced that Halloween was cancelled, and the mayor refused until the last minute to allow portable toilets to be set up in the Castro.

CHARITABLE ORGANIZATIONS NEED A LITTLE BRIBERY MONEY TOO

Suspended Sup. Ed Jew, who was charged with accepting $40,000 in cash from a tapioca store chain, insisted he was going to give half the money to a neighborhood parks program.

APPARENTLY, THE MONEY WASN’T THE ONLY THING THAT SMELLED

Jew insisted he lived in a Sunset District house that had no water service and said he showered at his flower store (where reporters were never shown an actual shower).

BY SAN FRANCISCO STANDARDS, HE’S EMINENTLY QUALIFIED FOR PUBLIC OFFICE

Mayoral candidate Grasshopper Alec Kaplan stole Jew’s house numbers, was arrested for playing his guitar naked on top of his purple taxicab, and was sentenced to nine months in jail for threatening a passenger.

AND FRANKLY, IT’S JUST AS WELL THEY GOT HIM OFF THE STREET; NOBODY WANTS TO LOOK AT THAT SHIT

Yoga instructor George Davis was arrested four times while campaigning for mayor in the nude.

UNFORTUNATELY, HE CAME IN FIFTH

Chicken John Rinaldi insisted he was running for second place and considered using the slogan "The other white mayor."

YOU HAVE TO GIVE IT TO HIM: THE GUY CAN PICK HIS ICONS

Paul David Addis was arrested for setting fire to the Burning Man icon four days before it was supposed to be burned, then was later charged with attempting to burn down Grace Cathedral.

POOR JERRY — CAN’T SOMEBODY DONATE SOME MONEY TO HAVE HIM PUT IN A HOME FOR THE TERMINALLY MORONIC?

Jerry Lewis created an imaginary character for his muscular dystrophy telethon called Jesse the illiterate fag.

UNLIKE LUNATIC RIGHT-WING CHRISTIANS, WHO SEEM TO BE DOING JUST FINE

Ann Colbert said that Jews need to be "perfected."

HEY MARTHA, CHECK IT OUT! LET ME POSE FOR A PHOTO! I GOT MY WIDE STANCE ALL READY!

The bathroom stall where Larry Craig was arrested for public sex became a tourist attraction.

AND NOW, THE CELEBRITY NEWS FOR THE SEVEN OR EIGHT PEOPLE WHO STILL ACTUALLY CARE

Britney Spears shaved her head. Paris Hilton went to jail.

THE WORLD JUST GOT A TINY BIT SAFER FOR HUMANITY

Spears’s mother lost her contract for a book on parenting after her 16-year-old daughter Jamie Lynn became pregnant.

NOW IF THE SCALPERS COULD JUST DO A JOB ON THAT WIG

Tickets to the Hannah Montana concert in Oakland were sold for as much as $1,000.

OF COURSE, SHE MAY HAVE SIMPLY BEEN TRYING TO FIT IN THOSE TINY SEATS

Southwest Airlines kicked a woman off a flight for wearing too short a skirt.

WAIT, WE MISSED THE ONE ABOUT FUCKING THINE OWN GENDER. MAYBE HE LEFT IT IN THE TENT

Arkansas governor Mike Huckabee said he would oppose same-sex marriage "until Moses comes down with two stone tablets from Brokeback Mountain saying he’s changed the rules."

WHY EXPLOIT IMMIGRANTS WHEN WE CAN EXPLOIT KIDS OF OUR OWN?

Huckabee announced that if all of the nation’s aborted fetuses had gone to term, the United States wouldn’t need low-cost immigrant labor.

OF COURSE, IF HE’D BEEN GAY OR HAD AN ABORTION, HE WOULD HAVE WOUND UP IN PRISON

Huckabee told Rolling Stone he’d pardoned Keith Richards for a 1975 traffic ticket.

WE LIKE A PRESIDENTIAL CANDIDATE WHO HAS HIS PRIORITIES STRAIGHT

Former New York mayor Rudy Giuliani said he would have liked to have kicked all 400,000 undocumented immigrants out of the city, but he was too busy fighting crime.

OF MAYBE IT WAS JUST THE VULCANS, COME TO MAKE FIRST CONTACT AND CONVINCE US TO SUPPORT SINGLE-PAYER HEALTH INSURANCE

Rep. Dennis Kucinich said he’d seen a UFO.

WE’D HAPPILY PAY $999 NOT TO HAVE TO KNOW

A Los Angeles company called 23andMe offered to test your DNA for $999 and tell you if you’re related to Marie Antoinette, Jesse James, or Jimmy Buffet.

WITH THE CUBAN HEALTH CARE SYSTEM, HE’LL PROBABLY OUTLIVE US ALL

Police in south Florida were put on alert after blogger Perez Hilton falsely announced the death of Fidel Castro.

KILL THE BASTARDS — BUY AMERICAN

Sen. John McCain told workers at a small-arms factory in New Hampshire he would "follow Osama bin Laden to the gates of hell" and "shoot him with your products."

OF COURSE NOT — THEY’VE ALL BEEN TORTURED, BEATEN, OR STONED TO DEATH

Iran’s president said there are no homosexuals in his country.

BUT THEN, SHE TORTURED US FOR 10 YEARS AS MAYOR

Sen. Dianne Feinstein voted to confirm Michael Mukasey as attorney general even though he refused to say that waterboarding is torture.

IT’S NOT IN YOURS EITHER

President Bush said democracy might not be in the "Russian DNA."

WHEN A SIMPLE "CUNT" OR "PUSSY" JUST ISN’T GOOD ENOUGH

A Florida production of The Vagina Monologues sought to avoid controversy by changing its name to The Hoohaa Monologues.

THE 41ST PRESIDENT STARTS WORKING ON HIS PLACE IN HISTORY

President Bush predicted a "nuclear holocaust" if Iran develops weapons of mass destruction.

QUICK, GIVE ME THE BUTTON BEFORE THE BOSS GETS THAT PROBE OUT OF HIS ASS

Vice President Dick Cheney had executive power for two hours and five minutes while President Bush was under sedation for a colonoscopy.

GREAT MOMENTS IN FOREIGN CINEMA

The European Commission put a video clip on YouTube promoting European films by showing 18 couples having sex with the tagline "Let’s come together."

STANCE IS TOO WIDE … STANCE IS TOO WIDE … MALFUNCTION … DOES NOT COMPUTE …

The mayor of Fort Lauderdale, Fla., suggested the city create a robot toilet to combat gay sex in public bathrooms.

COME ON, YOUR HOLINESS — THEY JUST NEED TO BE "PERFECTED"

Pope Benedict XVI declared that Protestants don’t have real churches and their ministers are all phonies.

PERHAPS THE KID CAN’T GO TO SCHOOL ANYMORE, BUT AT LEAST HE WON’T HAVE TO BE PERFECTED BY ANN COULTER

The Supreme Court ruled that a high school student could be suspended for displaying a sign that read "Bong Hits 4 Jesus."

THE OFFIES, OF COURSE, ARE PRODUCED LOCALLY, AND YOU CAN SEE THE QUALITY CONTROL …

A news Web site in Pasadena outsourced its local reporting to India.

BOOM GOES LONDON, BOOM PAREE

Former senator Mike Gravel announced during a presidential candidates debate that the other Democrats frightened him and asked Barack Obama whom he wanted to nuke.

WELL, AT LEAST WE KNOW WHO THE REPUBLICANS ARE GOING TO NUKE

Sen. McCain changed the lyrics of the Beach Boy’s "Barbara Ann" to "Bomb bomb bomb, bomb bomb Iran."

APPARENTLY, MEMBERS OF THE US SENATE DON’T GET OUT MUCH

Sen. Joe Biden declared Obama is "the first mainstream African American who is articulate and bright and clean and a nice-looking guy."

Switching sides

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› gwschulz@sfbg.com

Following the waves of layoffs that have occurred over the past year at several newspapers in the Bay Area, former top editors and reporters are reinventing themselves as media spokespeople, also known as "flacks," after the jackets that deflect incoming rounds of ammunition. At least a half-dozen prominent journalists have succumbed so far.

Their job now is to stamp out unsettling questions from their former colleagues or put a positive spin on bad press, like calling a slight dip in San Francisco’s homicide rate last year a huge success for Mayor Gavin Newsom or characterizing his lurid affair with a subordinate as a chance for him to heal emotionally.

They’re perhaps most famous for the phrase "no comment," but flacks the world over would likely prefer a more honorable description, like the one promoted by the Public Relations Society of America: "Public relations helps our complex, pluralistic society to reach decisions and function more effectively by contributing to mutual understanding among groups and institutions."

Spoken like a true flack.

So who better to work as a media relations executive than a former reporter? Newspaper insiders know more than anyone else how to kill a story or at least blunt its impact by instilling doubt in the mind of the reporter. It’s not uncommon for journos to hear "That’s not a story" from the new flacks.

Another tactic, used by C.J. Cregg, the fictional flack in Aaron Sorkin’s television series The West Wing, is to invite uncooperative reporters out for coffee and off-the-record chatter until they’ve been befriended. District Attorney Kamala Harris’s press office is famous for coffee invites.

Among the newspaper expatriates:

•Chris Lopez, an editor of the Contra Costa Times who was laid off by parent company MediaNews Group last year, took a job as a communications director for the Denver host committee of the Democratic Party’s 2008 convention.

•Paul Feist, formerly the Sacramento bureau chief for the San Francisco Chronicle, was appointed by Gov. Arnold Schwarzenegger earlier this year to serve as a communications secretary for the California Labor and Workforce Development Agency.

•Tom Honig, who recently departed as the longtime editor of the Santa Cruz Sentinel, accepted a job with Armanasco Public Relations, an affiliate of Hill and Knowlton, which represents such illustrious clients as McDonald’s, Pacific Gas and Electric Co., and Starbucks. Hill and Knowlton helped McDonald’s diminish fallout from the 2004 documentary Super Size Me, in which filmmaker Morgan Spurlock attempted to survive exclusively on the fast-food chain’s food for 30 days, with disastrous results (his health condition plummeted).

Honig, however, promised Sentinel staffers Nov. 30 that he wasn’t betraying the values of news reporting and proclaimed himself a martyr hoping to save the Sentinel from further staff cuts enacted by MediaNews CEO Dean Singleton.

"Just because you’re in public relations does not mean you’re a liar," the paper quoted Honig as saying. "What I do now is tell people’s stories. This is just another way to tell people’s stories."

He’ll make a praiseworthy spinner indeed.

Lopez and Honig could not be reached by deadline. Nor could we get hold of a spokesperson for the spokespeople at the Public Relations Society of America. Feist wouldn’t comment when we contacted him.

There are other defectors. A former Chronicle reporter from the paper’s Sacramento bureau, Lynda Gledhill, is now a spokesperson for State Senate leader Don Perata, and a San Jose Mercury News capitol reporter, Kate Folmar, is working for the press office of Secretary of State Debra Bowen. And former Chronicle City Hall reporter Charlie Goodyear is now working for the high-powered SF flack firm Singer Associates.

Newspaper giant MediaNews set the trend this year for pushing career journalists into public relations. The company laid off scores of people after it purchased several newspapers in the Bay Area, including the Sentinel, the CoCo Times, and the Mercury News. But other Bay Area newsrooms, including the Hearst Corp.–owned Chronicle, today have literally half the staff they had just a few short years ago.

Lopez previously worked for Singleton’s flagship paper, the Denver Post, which he helped earn a Pulitzer Prize for its coverage of the Columbine shootings. Columnist Charles Ashby of the Post‘s rival Pueblo Chieftain pointed out Dec. 10 that two more former Post staffers are now working as press secretaries for Colorado governor Bill Ritter and reporters from other large Colorado papers are today handling public relations for the Denver Metro Chamber of Commerce and the University of Colorado.

Gene Rose of the National Association of Government Communicators insists citizens are better served by bureaucracies that contain former reporters.

"With the shrinking news hole and with less reporters to cover news, agencies and governments are being forced to figure out ways to communicate more directly with people one-on-one," Rose, also a former reporter, said.

The interim dean of the University of California at Berkeley’s journalism school, Neil Henry, documented the phenomenal rise of public relations in this year’s book American Carnival: Journalism Under Siege in an Age of New Media (University of California Press). In particular, he notes, TV news organizations have grown increasingly reliant on polished video news releases produced by flacks, which sometimes air verbatim, as opposed to expending their own dwindling newsroom resources. The VNRs, as they’re called, give "coverage" of a product or idea the veneer of journalistic credibility, when in fact they’ve been created by professional manipulators.

"For the concerned citizen and certainly for the dedicated American journalist, it is horrifying to see how significantly business and political advertising has compromised the mission of the news industry, at times with the industry’s full participation," Henry writes.

He adds that in 2004, New Mexico governor Bill Richardson lured more than 20 journalists, including some of the state’s best, into his administration with the promise of good pay.

So who else in the Bay Area plans to depart for the dark side? No comment.

FOIA reform bill passes!

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After five years of effort, a group of ten media organizations called the Sunshine in Government Initiative has succeeded in getting Congress to pass a much-needed reform bill that addresses some of the worst problems with the Freedom of Information Act. It now goes to the president — but since there are Republican co-sponsors and it passed pretty overwhelmingly, there’s a chance he’ll sign it.

Here’s the official statement:

U.S. House Sends FOIA Reforms to President’s Desk,
Media Groups Praise Changes Helping Public Obtain Documents

The ten media organizations comprising the Sunshine in Government Initiative
(SGI) applaud the House and Senate for passing important bipartisan reforms
to the Freedom of Information Act (FOIA).

Senator Patrick Leahy (D-VT), Sen. John Cornyn (R-TX), House Oversight and
Government Reform Chairman Henry Waxman (D-CA), Rep. Tom Davis (R-VA), Rep.
William Lacy Clay (D-MO), Rep. Todd Platts (R-PA) and Rep. Lamar Smith
(R-TX) led the effort to pass this legislation. Senator Jon Kyl (R-AZ) also
played a key role in getting this legislation over the finish line.

The media group members of SGI appreciate the hard work and dedication of
these members and their staffs for their diligent work to improve the way
FOIA works for the American public. Members of the SGI coalition include:
American Society of Newspaper Editors, Associated Press, Association of
Alternative Newsweeklies, Coalition of Journalists for Open Government,
National Association of Broadcasters, National Newspaper Association,
Newspaper Association of America, Radio-Television News Directors
Association, Reporters Committee for Freedom of the Press, and Society of
Professional Journalists.

Statements from the Sunshine in Government Initiative and SGI Members
Organizations

“After years of growing government secrecy, today’s vote reaffirms the
public’s fundamental right to know,” said Rick Blum, Coordinator of the
Sunshine in Government Initiative. “Fixing FOIA isn’t a secret. This bill
makes commonsense changes to help the public know what government is up to.
We thank the sponsors who championed real changes and worked hard to keep
the government’s doors open.”

“We applaud Congress for resolving the differences that existed in the House
and Senate versions of this important legislation and making its passage a
reality,” said Gilbert Bailon, president of the American Society of
Newspaper Editors and editorial page editor of the St. Louis Post-Dispatch.
“This action reaffirms the public’s right to know and buttresses a statutory
right vital to our Democracy.”

Long-time open government advocate Pete Weitzel, Coordinator of the
Coalition of Journalists for Open Government, which is a member of SGI,
called the vote “a true holiday gift from Congress.”

Community newspapers particularly sought an independent office to resolve
disputes. “Strengthening the Freedom of Information Act will pay dividends
in public information for a long time to come. This new law has many
virtues. But as community newspaper journalists, we particularly celebrate
the development of an ombudsman office under the Office of Government
Information Services,” said Steve Haynes, President of the National
Newspaper Association and Publisher of the Oberlin (KS) News. “We hope it
will open doors that have too long been locked by delay and inattention to
information requests. National Newspaper Association congratulates Senators
Leahy, Cornyn and Kyl and House Chairman Henry Waxman for their authorship
and contributions to this bill. We hope this will be the first of many
enactments to improve transparency and help citizens better understand how
the government operates.”

Other media leaders praised today’s vote and the bill’s sponsors. ³The
Freedom of Information Act is an indispensable tool for citizens and
businesses to access information about their government, which,
unfortunately, too often includes government waste and wrongdoing,² said
John F. Sturm, President and CEO of the Newspaper Association of America.
³Today¹s bipartisan passage of the OPEN Government Act to strengthen and
reform FOIA is a great day for the public¹s interest in good government. We
applaud the dedication of all the lawmakers who pushed this important
measure forward, particularly Senators Patrick Leahy, John Cornyn, Jon Kyl
and Reps. Henry Waxman and Todd Platts.²

³This is a huge advancement for open government, thanks to the leadership of
Senators Leahy, Cornyn and Kyl and Representatives Waxman and Platt,² said
Barbara Cochran, president of the Radio-Television News Directors
Association. ³But this isn¹t just a victory for journalists; it¹s a victory
for every single member of the American public. This legislation will
eliminate some of the lengthy delays and persistent backlogs in the FOIA
process that create obstacles and limit the public¹s ability to make
informed choices in their communities.²

Other SGI members saw this as a strong change in direction. “Passage of the
FOIA bill will allow not only members of the press but all Americans to hold
their government more accountable. In a time when First Amendment rights
are under attack almost daily in this country, this bill is a major step to
ensuring America has a free press and a government that is transparent and
open,” noted Clint Brewer, president of the Society of Professional
Journalists and Executive Editor of the City Paper in Nashville, Tennessee.

Murdoched: the Stockton Record is next

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By Bruce B. Brugmann

As things get tougher and tougher in the newspaper business, there are two jobs that are the toughest of all. One is writing the obituary for your own paper and your own job. The other is writing the story that tries to explain why the daily paper you work on keeps getting peddled about like the stakes in a Las Vegas poker game.

The latest example of the second story appeared in today’s Stockton Record by an unlucky soul by the name of Mike Klocke. He starts out as these stories usually do, citing the honor that came once upon a time to the paper when it was owned by a local family.

“The Irving Martin Assembly Room at the Record is named for the newspaper’s founder, whose family owned the business for its first 74 years,” Klock wrote. “Ironically, if the day comes when The Record once again is sold, employees will get the news in the upstairs room that honors one of Stockton’s historic figures.

“I bring this up because of last week’s $5 billion offer by publishing magnate Rupert Murdoch to purchase Dow Jones @ Co. The community newspaper division of Dow Jones, Ottaway Newspapers Inc., owns the Record.”

Wait a moment. There is a telling detail: the date on the story is May 6, 2007, the date of Murdoch’s offer to buy Dow Jones, and the Record is running the exact same story six months later on the day that the sale is finalized back on Wall Street.

Bravely, Klocke goes through the Record history of five owners since Loretta Martin ended the family’s association with the Record in l969. The Record, he says, “has been somewhat akin to a baton in a track meet relay.
The Martin family sold to Speidel Newspapers Inc. (l969: which merged with Gannett Newspapers Inc (l977), which sold the Record to the Omaha World-Herald (l994), which sold to Ottaway (2003).

Still more bravely, Klocke writes that “uncertainty can be draining on employees at all levels. If you’re not careful, it can make you lose your focus. I’Ive always believed working in the newspaper business is a mission. We cover news aggressively, help you decide where to shop with advertisements and put the newspaper on your driveway each morning.

“We also now put news and advertising at your fingertips online throughout the day. We also have a bit of the chameleon in our DNA. We embrace challenges and adapt to new environments. The future? Who knows?

“The Record could be sold again, or Ottaway (Dow Jones) still could own the company for decades. Our business model, news-gathering approach and company makeup likely will continue to change.

“Our commitment to the mission and the communities we serve will not falter.”

Idle question: Why can’t reporters who think like this, and editors who allow this kind of story to run when their papers are in play, end up running our valuable community daily papers?

Well, the word from my sources out in the valley is that there are only two real possible buyers: Singleton or McClatchy newspapers, both of whom already own a dangerously huge chunk of the California newspaper business.

They are members in what I call the Galloping Conglomerati. And they are poised to pounce at the very same time that the Big Media are blacking out or marginalizing the major Big Media story that the FCC is about to open the floodgates to even more local media consolidation and even more junk news. (See my blow below.)

Where it all will end knows only God. B3

Owners might change — but not the mission

The Irving Martin Assembly Room at The Record is named for the newspaper’s founder, whose family owned the business for its first 74 years.

Ironically, if the day comes when The Record once again is sold, employees will get the news in the upstairs room that honors one of Stockton’s historic figures.

I bring this up because of last week’s $5 billion offer by publishing magnate Rupert Murdoch to purchase Dow Jones & Co. The community newspaper division of Dow Jones, Ottaway Newspapers Inc., owns The Record.

Murdoch’s eyes, of course, are on The Wall Street Journal and Dow Jones’ myriad successful online ventures. For now, he’s been rebuffed by Dow Jones’ controlling shareholders.

News industry speculation is intensifying about whether this is a first foray by Murdoch and whether other potential buyers will materialize.

As for The Record? Editor and Publisher magazine’s online site reports that New England-based GateHouse Media Inc., a very active recent buyer of newspapers, would be a likely bidder for Ottaway.

GateHouse doesn’t have a West Coast presence, so The Record could in turn be sold to a company with successful California “clustering” of newspapers such as McClatchy (Sacramento, Modesto, Merced and Fresno) or MediaNews (Bay Area papers).

McClatchy and MediaNews both have pursued buying The Record in the past.

Sure, it’s speculation at this point. It’s difficult not to ponder the future when there’s the potential for a fifth different owner since Loretta Martin decided to end the family’s association with The Record in 1969.

In the past 38 years, The Record has been somewhat akin to a baton in a track-meet relay.

The Martin family sold to Speidel Newspapers Inc. (1969), which merged with Gannett Newspapers Inc. (1977), which sold The Record to the Omaha World-Herald (1994), which sold it to Ottaway (2003).

I’ve worked for three of the owners, and they’ve all contributed in positive ways to the company and community.

Ottaway – with excellent guidance and financial support from Dow Jones – made the dream of a new press facility a reality.

Company executives didn’t waste any time, telling us within 30 days of their ownership to get moving on the long-overdue project. The new press became a reality less than two years later.

Ottaway has given us – and Record readers – something we’ve needed for decades. Our Web site development also has been an Ottaway initiative.

The Omaha company proved to be a very good newspaper steward in its nine years of ownership. Omaha executives invested in The Record, and I believe the newspaper truly reconnected with the community during that time.

The Gannett years were, at times, tumultuous. Some excellent longtime employees were hired in various departments back then, and The Record benefited from the opportunities presented by a large, national chain.

Speidel was before my time.

Business uncertainty can be draining on employees at all levels. If you’re not careful, it can make you lose your focus.

I’ve always believed working in the newspaper business is a mission. We cover news aggressively, help you decide where to shop with advertisements and put the newspaper on your driveway each morning.

We also now put news and advertising at your fingertips online throughout the day.

We also have a bit of the chameleon in our DNA. We embrace challenges and adapt to new environments.

The future? Who knows?

The Record could be sold again, or Ottaway (Dow Jones) still could own the company for decades.

Our business model, news-gathering approach and company makeup likely will continue to change.

Our commitment to the mission and the communities we serve will not falter.

Contact Klocke at (209) 546-8250 or mklocke@recordnet.com.

Click here for article.

IAPA in Venezuela: The international press advocacy group stresses deep concern over the climate of press freedom in Venezuela

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By Bruce B. Brugmann

CARACAS, Venezuela (Nov. 20, 2007) It was an amusing and telling moment in the history of freedom of the press.

On the morning of Monday, Nov. 19th, as the press mission of the Inter American Press Association (IAPA) started its 10th mission to Venezuela to check on President Hugo Chavez’s accelerating crackdown on the press, Chavez sent a message to the delegation:

It was a half page advertisement from the Venezuelan National Assembly, in the big morning Caracas daily paper El Universal, reprinting a copy of a congresswoman’s resolution urging the Executive Branch to declare IAPA “not welcome” in Venezuela. Click here to view the ad. This set the tone for our mission: The congresswoman refused IAPA’s invitation to meet with our delegation and no member of the three branches of the Venezuelan government and of the National Electoral Council agreed to meet with IAPA despite many contacts made in recent weeks from IAPA headquarters in Miami.

Nobody in the governement would meet with IAPA but Chavez, who was all over television and the newspapers for his trip to Iran and France, did send a Chavista group who called themselves Journalists for the Truth.
The president of the group told the IAPA mission that there was complete freedom of the press in Venezuela and then promptly told the press outside the meeting room that IAPA had been “duped in good faith by the reports prepared by the “opposition” Venezuela press. Gonzalo Marroquin, chairman of IAPA’s Commmittee on Freedom of the Press and Information, immediately retorted to the press that “it would seem that the journalists were at another meeting.” Gonzalo, director of Diario Prensa Libre in Guatemala, and a former television newsman, was widely interviewed on IAPA’s findings on radio and television.

The mission met with members of the Venezuelan Press Bloc, a constitutional attorney, representatives of a human rights group, polling experts, the mayor of Chicao, the head of the National Press Workers Union., and other civilian experts. The mission and its final press conference was widely covered in the Venezuelan press. There were no violent incidents nor any attempt to scare or demonstrate against the IAPA mission. B3

Click on the continue reading link to read the IAPA press release. Scroll down for the Spanish version.

Fisher fails

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› news@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

 

MONEY AND PEOPLE

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

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

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

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

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

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

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

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

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

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

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

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

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

 

A DIFFERENT CITY

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

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

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

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

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

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

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

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

 

NOW WHAT?

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

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

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

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

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

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

Lawsuit can move forward

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Trial is set to begin early in January, 2008.

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

Bad tryp

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› le_chicken_farmer@yahoo.com

CHEAP EATS What’s this? I have finally bumped up against something that I can’t write about. Well, maybe if I … Nope, can’t write about it. I … goddamn it! Except to say that I can’t write about it, I can’t write about it.

So you know it’s not sex, because I write about sex. At the risk of desecrating the food section, I have written about my own poo. I have written about my dates, at the risk of not being asked out again. (Which works, by the way.) I’ve written about suicide, cancer, divorce, and inside-out chickens — all the things that people don’t like to talk about.

For years have I spilled my heart, and the beans, all over your bus rides and breakfasts. While all the other clumsy people in the world were spilling coffee on their newspapers, I spilled the newspaper on your coffee. I’m like one of those reality TV shows. I’m a reality restaurant review.

Except not no more.

Christ, I’m so fucking dismantled. A chicken farmer without chickens, a witch without brew or broom, a nun without a ruler, I don’t even exactly know where I live right now. I’m in between homes, cars, bodies, and bands. Hey — now would be a good time to work on that drinking problem! I want one bad. Like an alcoholic craves a drink, I crave alcoholism, but lack the strength of character to follow through. One glass, and I lose interest. Traditionally.

On the other hand, they say that every day is the first day of the rest of your life.

With renewed resolve, I knocked on Earl Butter’s door. He had vodka. I had tomato juice. All we needed was hot sauce.

"Do you still have those Buffalo wings I left in your refrigerator?" I asked, thinking we could dip the wings, like celery sticks, into our drinks. A little butter, a little chicken grease wouldn’t hurt a Bloody Mary. In fact, someone told me that Bloody Marys have beef in them. I don’t know, people tell me a lot of things, but I sure hope this one’s true, for vegetarians’ sake.

Anyway, it was a ridiculous idea. The likelihood of Earl Butter keeping Buffalo wings in his fridge overnight is like the likelihood of me keeping a secret. It could happen, but …

He laughed.

I happened to have keys to a couple of other apartments in his building, because that’s the kind of homeless person I am. I have more keys than janitors. This way, none of my friends ever has to clean their refrigerator.

My raid yielded no leftover Buffalo wings, but yes Tapatio. That’s that Mexican hot sauce. For our purposes Earl Butter wanted Tabasco, but none of my peeps keeps Tabasco on hand, not even Earl Butter. I looked in his fridge and he had Tapatio too. Somewhere in the world I have a refrigerator of my own, and I’ll bet you $10 it has Tapatio in it. It’s just the best all-purpose hot sauce there is.

I know because I recently lined them all up at a restaurant — I forget which one — and taste-tested them on different parts of my omelet. Tapatio was the best. Then that Asian one, in the fat squeeze bottle. Then Crystal, then Tabasco.

Tabasco is best in Bloody Marys, but nobody I know has Tabasco. Big deal, so we were going to have Bloody Marias.

They were great! We made them in small glasses so I could drink more drinks. And guess what? Earl Butter didn’t have the Buffalo wings, but he did still have the celery sticks that came with them.

I ate four celery sticks and passed out on the couch.

When I woke up it was morning. For fun, I pretended to have a hangover. Everyone else in the world was going to work. I rode my bike to Sockywonk’s, and she didn’t look good, which is rare.

"No sleep," she groaned, grinding our coffee. "Two nights in a row, no sleep."

I asked what she’d had for dinner, and she said donut holes. For dessert: Ativan.

"You don’t need no Ativan," I said. "Sweetie, you need tryptophan." I went to work. I went shopping, and I came back and I cooked. I stocked her refrigerator with a week’s worth of turkey soup and ground turkey stuffed peppers.

It didn’t work. I found out later: it’s a myth, the turkey thing! The tryptophan. To work, as a soporific, you have to take it on an empty stomach. And still you believe in God?

The cold case of Brad Will

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OPINION Oct. 27 marks the first anniversary of the assassination of New York Indymedia photojournalist Brad Will by police in Oaxaca, Mexico, under the thumb of a corrupt and tyrannical governor.

Will was gunned down just outside Oaxaca City while filming a pitched battle between supporters of Governor Ulises Ruiz Ortiz and members of the Oaxaca Peoples Popular Assembly (APPO). Will, 36 at the time of the killing, was the only American among 26 victims shot by Ruiz’s police and paramilitary operatives during protests in that state in 2006. No one has been held accountable for any of these murders.

A year after Will’s death, those who killed him are walking the streets. No charges have been filed against them, despite graphic evidence of their culpability. Will, true to his profession, never let go of his camera; he inadvertently filmed his murder, and photos of five cops firing their weapons at him appeared in major Mexican newspapers the day after the killing.

Indeed, the Guardian and 25 other member newspapers of the Association of Alternative Newsweeklies published a startling photograph of his killers on their front pages Aug. 8 along with a 5,000-word investigative report I wrote probing the circumstances of the independent journalist’s death.

Yet although there have been repeated public denunciations of the killing by such international human rights watchdogs as Amnesty International, Human Rights Watch, and the Organization of American States’ Inter-American Commission on Human Rights, neither the Mexican government nor, more pertinently, the US State Department has demanded justice for Will. The case now molders in the cold-case file, and despite street protests on both sides of the border, a barrage of e-mails to both governments demanding a thorough investigation of the murder, and even a visit to Oaxaca by his bereaved family, no authority has been animated to revisit this travesty.

The failure of the US government to demand accountability from Mexican president Felipe Calderón and Governor Ruiz is appalling. During the past year the US embassy in Mexico City under the direction of George W. Bush crony Tony Garza has been conspicuously silent about Will’s killing. In fact, the embassy’s only response to this murder since last Oct. 27 has been to warn American tourists about visiting Oaxaca.

The night Will was killed, Garza used the opportunity to condemn the popular movement in Oaxaca, thereby green-lighting then–Mexican president Vicente Fox to send in federal troops to crush the rebellion.

Will was one of 20 journalists working in Mexico to have disappeared or been killed since 2000. According to a count kept by Reporters Without Borders, 81 journalists were killed worldwide in 2006. Murdering the messenger continues to be the modus operandi of repressive governments and their security forces.

Will did not work for the New York Times. He was an independent voice on the front line of social protest in Latin America, and he paid a terrible price for his valiant and necessary reportage. In Mexico and elsewhere, when those who work for social change are so martyred, we do not concede their deaths, because their work is always with us. A year after his as-yet unresolved murder, Will is still present.

"Brad Will, presente!"

John Ross

John Ross has been the Guardian‘s correspondent in Mexico for the past 22 years.

Yes, Chuck, enough is enough

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Is Chuck Nevius…
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…the new Ken Garcia?
It’s bad enough that the San Francisco Chronicle and its columnist Chuck Nevius have been demonizing the homeless for months in a highly sensation and misleading fashion. But in today’s paper, they have the gall to claim — with little substantiation — that San Franciscans are no longer tolerant of the poor and now support the homeless crackdown being pushed by the Chronicle and Mayor Gavin Newsom (and let’s not forget the Examiner’s Ken Garcia, whose old anti-homeless columns for the Chron Nevius has now revived).
And when I asked Nevius about why he’s chosen the homeless for his punching bag, he said his coverage has been driven by the “400-plus” blog comments they’ve gotten complaining about the homeless. You see, he’s just giving the people what they want. As he wrote to me, “I understand that not everyone agrees, but I’ve been at this for a while, over 20 years, and my experience is that newspapers can’t create issues — no matter how we try. We can only follow them.”
Well, Chuck, I’ve been at this for almost 20 years myself, long enough to recognize bullshit when I smell it — and to understand when a newspaper is trying to play on people’s prejudices in setting the public agenda.

Monopoly news the monopolies won’t print

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The San Francisco Press Club has the newsiest blog in the Bay Area

By Bruce B. Brugmann

I have always had a fondness for the San Francisco Peninsula Press Club.
I was an early member back in the middle 1960s in the good old days when there was real daily newspaper competition on the Peninsula.

I was a young reporter on the old Redwood City Tribune, fresh from a tour of reporting duty on the Milwaukee Journal and getting the local experience I needed to found the Bay Guardian in San Francisco.
I spent three years on the Trib, from 1964 to 1966, as a liberal conservation-oriented reporter under the aegis of Publisher Ray Spangler and Managing Editor Dave Schutz. Let us say that my views and reporting habits differed from theirs, but I nonetheless had a field day covering the scandals of the era.

I picked up on how PG&E operated as it worked with Stanford University and the Atomic Energy Commission to impose high powered transmission lines through Woodside and the gunsights of Attorney Pete McCloskey.
I spent late Monday and Tuesday nights covering the council and planning commission meetings in Belmont and San Carlos and later in Redwood City. (If I left early, the council s would often roll some bad stuff through. But I would check the next day and do a juicy follow story on the late night chicanery.) There were wonderful save the bay stories: the dirthaulers would scoop up the dirt in the green hills of the Peninsula, haul it in double gondola dirt-hauling trucks down Ralston Avenue in Belmont, and dump it into the bay for fill for Foster City and Redwood
Shores. And, through it all, Mayor Wallace Benson of Belmont would hold pre-council meetings at the old Villa Chartier restaurant in nearby San Mateo and polish the policies to keep the dirt flowing from the hills to the bay.

When I called him on his indiscretions, Benson would wave his cigar and say, “Bruce, if you don’t think I deserve some champagne and Maine lobster for running the city of Belmont, then you just go and vote me out office.”

I was having a field day. Spangler and Schutz were quite nervous about my aggressive reporting, but each told me in his own way that I could do the stories as long as my facts were straight. I also had an excellent city editor, Michael Kernan, who protected me. Years later, after I sent Spangler a copy of a Guardian expose, he wrote me a letter in longhand, “Bruce, you were a pain in the ass. But you were always worth it.” That was probably the nicest compliment I ever got from a publisher.

Well, the reporters and editors from the Peninsula papers would meet now and then in a hotel bar off the Bayshore Freeway for drinks. It was a convivial affair, even though we competed and there was real daily competition and the San Mateo Times of J. Hart Clinton was in head to head competition with the Redwood City Tribune and Burlingame Advance-Star (which with the Palo Alto Times were under the umbrella of an organization known as PNI , Peninsula Newspapers Inc.) This group became a press club and ultimately the proud San Francisco Peninsula Press Club, despite the sad sad deaths of three PNI papers and the gutting of the San Mateo Times/Singleton and deathly journalism until the Palo Alto Weekly of Bill Johnson. The club is, I am happy to report, still going strong under the stewardship of Darryl Compton and a batch of fugitives and expats from Singleton and Knight-Ridder journalism. They produce a vigorous annual newspaper contest, some zesty parties, the most newsy blog in the Bay Area, and the feel that there is still some real watchdog journalism on the Peninsula.

Let me make the point with some headlines from the club’s Tuesday Oct. 2 blog edition:

Media News profits up; Singleton gets $l.8 million

Rosenthal: Journalists are being eliminated

Ridder disappointed by today’s Merc (B3: what did he expect?)

Ex-Merc editor finds herself in a firestorm

Station group urges rejection of Hearst bid

Citing finances, KQED cancels ‘Pacific Time”

Clint Reilly gets free space from Media News (B3: hot news: remember the Singleton exec saying Reilly was a liar and that he would have to pay for his columns according to the terms of his antitrust suit settlement. The blog even runs a Reilly column with the telling admission. Does this count as a Singleton lie?)

Merc accounting error means cuts

Guild files new charge against MediaNews (B3: when will our daily newspapers ever hire a fulltime labor reporter to report on all the major labor issues of the day?)

In short, the Peninsula Press Club blog shows what a good media column can be. Now it needs to check and see how many reporters are regularly covering the council and planning commission meetings till 2 a.m. from Brisbane down to Palo Alto. That would be a good story. B3

Click here for Peninsula press club blog.

Postmortem

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› gwschulz@sfbg.com

Being named journalist of the year is a significant distinction. It’s just too bad that Chauncey Bailey isn’t around to receive the award.

The Northern California Chapter of the Society of Professional Journalists named Bailey the winner of its top award Sept. 21, citing his "his fierce commitment to investigative journalism in the face of personal danger."

"At a time when journalists around the world are under threat for simply doing their jobs," the group said in a statement, "Bailey was a forceful presence in print and on radio and television in the Bay Area for the past 15 years. A tireless advocate for the African American community, he was assassinated while pursuing a story, and evidence presented thus far shows that he was assassinated because he was pursuing that story."

The longtime reporter and editor was shot to death Aug. 2 at the shady intersection of 14th and Alice streets in Oakland. That intersection, the site of Bailey’s Oakland Post office, sits in the center of the city’s power structure, with county court and government office buildings situated nearby.

An employee of Your Black Muslim Bakery — a group that has a history of both political influence at Oakland City Hall and severe money woes, which Bailey was investigating — is accused of shooting Bailey twice in the chest and once in the head with a black Mossberg shotgun as Bailey walked to work at the Post.

Devaughndre Broussard, the 19-year-old alleged shooter, was arrested during a raid at four locations, including the bakery’s main address, following the killing. Also arrested in the raids were three other people associated with the bakery and political movement; they were charged with kidnapping and torture following an earlier incident.

At the center of this story is the family of the late black Muslim leader Yusuf Bey Sr., who maintained a violent fiefdom now linked by law enforcement officials to an alleged assassination, vigilantism, child rape, and the abuse of a disadvantaged-business loan to the Bey family and its associates, as earlier media accounts and criminal charges revealed.

Police say they caught Broussard tossing a black shotgun out the window of a 59th Street address during one of the raids and that he admitted the gun belonged to him. Police have told the media that shells found at the intersection where Bailey was killed were linked to the gun.

But Broussard’s attorney has waged a public campaign to prove that Broussard wasn’t the assailant. The Oakland Tribune, where Bailey once worked as a reporter, has reportedly obtained police notes from interrogations that contained details of an unrecorded conversation between Broussard and Yusuf Bey IV, heir to the bakery chain and the black liberation movement that surrounded it.

Broussard’s attorney has insisted that Bey IV, during that brief exchange, coaxed Broussard into confessing to the murder. Broussard later did exactly that and reportedly claimed he pulled the trigger because Bailey was investigating the bakery’s deteriorating finances, which grew worse after Bey IV took over as CEO.

In mid-September, Alameda County reached a $188,000 settlement with three women who filed suit alleging that Bey Sr. assaulted them after local child welfare officials placed them in his custody. The three women first claimed in 2003 that Bey Sr. defecated on them and forced them to have sex with him and drink his urine and semen. But Bey Sr. died of cancer that year before he could face related criminal charges in court.

Bailey joins the growing roster of international journalists attacked or killed for reporting the news. On Sept. 27, Japanese photojournalist Kenji Nagai, who was working for the French news service Agence France-Presse, was shot to death by Burmese troops as they assaulted demonstrators in an increasingly bloody suppression of dissent still taking place in that country.

Reporters Without Borders notes that 75 journalists were killed worldwide in 2007, triple the number in 2002. Fifteen were killed in the Americas, according to the Inter American Press Association, which is preparing a resolution on Bailey’s death.

In early August two dozen Association of Alternative Newsweeklies newspapers published a story written by longtime Guardian Mexico City correspondent John Ross (and edited by the Guardian) outlining the events that led up to the shooting death of videojournalist Brad Will in Oaxaca, Mexico, during social and political unrest in the fall of 2006.

Gonzalo Marroquín, chairman of the IAPA’s Committee on Freedom of the Press and Information and editor of the Guatemala City, Guatemala, newspaper Prensa Libre, stated in early August, "We urge the authorities to investigate the [Bailey] murder in depth and promptly, so that the case does not become just another on the list of unpunished crimes in the Americas."

Cecilia’s story

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In an age of assembly-line careers and endless credentialing, it’s good to be reminded that life itself is a credential. Cecilia Chiang didn’t go to cooking school or restaurateur school; she didn’t even reach these shores until she was 40 years old and didn’t open her famous restaurant, The Mandarin, until she was 44, in 1964. These facts do not mean she was a slacker or late bloomer. They do hint at drama, and that drama unfolds in the pages of Chiang’s new book, The Seventh Daughter: My Culinary Journey from Beijing to San Francisco (Ten Speed, 256 pages, $35), a singular combination of personal and gastronomic history richly laced with recipes from a restaurant that forever changed the tenor of Chinese cooking in San Francisco.

Chiang was born in 1920, and the Japanese invaded China in 1931, which means that, from early girlhood well into adulthood, her life was lived in a world churning with conflict: soldiers of the occupying Japanese rifling roughly through the family house, long overland flights to tenuous safe havens, even a postwar sojourn in the enemy capital, Tokyo, where Chiang politely tried sushi for the first time and found she liked it.

Chiang’s story is a gripping one. War is not, after all, a television show or a sequence of reports in the gray pages of newspapers; it’s a reality quite beyond the imaginings of everyday folk living everyday lives, at least until it engulfs those lives, which never happens here, or at least it hasn’t yet. But did Chiang’s youthful experiences — of fear, loss, flight, renewal — make her a better restaurateur?

The book sheds only indirect light on this question, but we can make some guesses. Like many immigrants, she saw the possibilities this country offered, and she was old enough, and had access to enough resources, to seize her chance when she saw it. And she took little for granted; she worked such long hours, in fact, that for her 50th birthday, her children bought her a bicycle, a red Schwinn, because, as her daughter explained, "you’ve been working so hard lately and we thought you needed a little exercise, a little something fun to do outside the restaurant."

I wish Chiang had not given her recipe for shark fin soup, an unconscionable dish. In this land of plenty, the occasional sacrifice is in order.

Paul Reidinger

› paulr@sfbg.com

Raw meat

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› le_chicken_farmer@yahoo.com

CHEAP EATS It was a cooking party. The theme was mint. Sockywonk made peppermint ice cream sandwiches. I made bò tái chanh, that Vietnamese raw beef salad that I love. There was minty lamb, minty pork, salads with mint, shrimp cold rolls (with mint), and, of course, mint juleps and mojitos.

Earl Butter brought toothpaste.

The eating happened on a roof in the Tenderloin, and we did not catch the roof or the building or the neighborhood on fire. Although coals did spill. It’s the strangest thing. No matter how pretty I get, no matter how nicely I dress, no matter how long my nails are, I still wind up on grill duty.

If I stay in the city (and away from chickens) long enough, I will one day soon arrive at a dinner party in a long, low-cut, lime green dress and strappy heels, with a fresh professional manicure, or better yet white opera gloves, and the hosts will hug me at the door, hand me a crumple of newspapers and a lighter, and send me out to the deck to get the coals going.

I can’t even begin to tell you how proud I am of this fact, or how uncertain I am that opera gloves are even a thing. My point being that, what the fuck, am I the only one in the world who knows about charcoal?

Answer: yes.

Here’s how I know: I’m in the kitchen, right, having gotten the coals started — in a chimney starter on a Weber on the roof. Which is where the party is, too, so everyone is standing or sitting around sipping minty drinks and talking and laughing and probably smoking some things, if I know people. The pork is marinating, if I know pork. There is salmon. There are sausages. And all these things, and people, are waiting patiently for the coals to be ready.

My meat, don’t forget, is being served raw. That’s why I’m downstairs in the kitchen, with an apron on, alone, whistling, drinking mint juleps, squeezing lemons into a bowl, adding fish sauce, sugar, black pepper, hot peppers, and minced garlic. I’m slicing a neighborhood-appropriate tenderloin against the grain into thin slices, more or less dipping them into this pungent marinade, then arranging them on a plate with raw red peppers, raw white onions, crushed roasted peanuts, sesame seeds, and fresh-ripped cilantro and mint.

That’s how you make bò tái chanh, BTW.

How to burn down a house: when the coals are ready, pick up the chimney starter in one hand, and while you are cleaning off the grill with the other hand, accidentally pour the burning coals onto the roof, avoiding, if possible, your feet. (As that will alert you, and by extension your fellow revelers, and perhaps the whole neighborhood, to the situation. And hurt.)

I’m only guessing. I don’t know what happened up there. My mind was in the meat. My hands smelled like heaven, happiness seemed not only attainable but very near, and suddenly there was a commotion and Earl Butter and others were coming down the stairs and into the kitchen.

"The coals spilled on the roof," Earl said. "What should we do?"

I happened to be holding tongs. I handed them to him and said, "Pick them up." He looked at me like … like … like … I took the tongs out of his hands and went up to the roof myself.

The situation was well under control by then. A guy was pouring something from a glass onto the spilled coals and spreading them around a bit or grinding them out with his shoe. Everyone else was standing around talking and laughing and drinking minty drinks. The roof was smoking, just a little.

Not even all the coals had spilled, so there was still a chance of cooking stuff. I didn’t mean to go on and on about it, least of all at anyone else’s expense. Everyone knows I’m the clumsiest person alive. I also happen to be, apparently, a respected thinker and fire-prevention theorist.

My advice, in regard to accidental cooking fires of any kind, is to put them out. You do know not to pour water on burning oil, right? Or straight whiskey onto a fledgling flame. If it’s a mixed drink, use your judgment…. Who mixed it? With what? How much ice?

Tongs, spatulas, and small shovels are good things to keep near a barbecue, maybe a box of baking soda in the kitchen. Other ideas include always inviting at least one experienced fire fighter to all of your barbecues, or, hell, serving the meat raw. Now you know how.

Censored in San Francisco

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Project Censored can’t cover everything — most of the stories the group looks at are national and international in scope. But there are huge local stories in every community that the mainstream media black out, ignore, or underplay. We’ve talked to political activists and media experts around the Bay and come up with a (short) list of Bay Area censored stories. We list them in no particular order.

THE MONOPOLIZATION OF LOCAL DAILY NEWSPAPERS


The deal that gave Dean Singleton’s MediaNews Group control of almost every daily newspaper in the Bay Area made the business pages — but the impact on news coverage and the damage caused by the homogenization of local news to communities and the political debate were almost entirely ignored.

COMMUNITY CHOICE AGGREGATION AND PG&E’S ATTACK ON PUBLIC POWER


The importance of Community Choice Aggregation as an alternative to Pacific Gas and Electric Co.’s private-power monopoly was badly under-covered — as was PG&E’s looming attack on CCA and public power.

GAVIN NEWSOM’S REAL RECORD


The daily papers love to talk about polls that show the mayor’s popularity (and they love to talk about his personal life), but nobody’s looking at his failure to fulfill many of his original promises.

SHUTTERED PUBLIC HOUSING


Until Mayor Newsom suddenly noticed the problems in local public housing last week, the major news media had overlooked the fact that hundreds of public housing units are shuttered while thousands of people wait for affordable housing.

THE ATTACK OF THE HIGH-RISES


The mainstream media reported with glee on the proposals for giant new towers at the Transbay Terminal, but failed to mention that at least 10 more giant towers are already in the works.

MORE HIGHWAYS, LESS TRANSIT


Gov. Arnold Schwarzenegger likes to talk green, but the news media haven’t compared his cuts to public transit with his plans to build more highways.

Charity or political corruption?

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By Steven T. Jones
PG&E just put out a press release patting themselves on the back for placing sixth on the San Francisco Business Times’ annual list of the top 70 corporate donors to charity, thanks to the $14.7 million in donations the company made last year, it’s biggest year ever. And this year, they pledge to increase that to $18.3 million, just as the city is getting ready to start competing for customers directly with them.
Wow, we certainly are blessed to have such a benevolent corporation in our midst, right? As the press release quoted a top company official as saying, “As a company passionate about meeting the needs of the diverse communities we serve, corporate philanthropy and community service are natural extensions of who we are.”
But there’s probably a better way of looking at these donations and what they say about who PG&E is. After all, this is your money that they’re giving away, coming from customers paying some of the higher rates in the country. And much of that “charitable” giving is meant to buy friends and allies to defend against both public power initiatives and the efforts of city officials to hold this malevolent company responsible for its many misdeeds.
So even though its your money, the company takes credit (on signs, press releases, newspapers ads, etc.) for giving it away and reaps the rewards (from goodwill and influence peddling to tax deductions) that keep you and elected officials under its thumb. And it hits record amounts for giving just as the pressure is increasing to create more public interest and environmentally sustainable ways of generating megawatts. That doesn’t sound like very charitable behavior to me.

The ugly news we’ve been waiting to hear

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By Bruce B. Brugmann

Alas. Alas. As predicted by the Guardian, the Bruce blog, and most everybody in and around the Dean Singleton news operations, the bad news was flashed this morning by my reliable source in Contra Costa County in his note and Singleton story below.

This was a major story on yet more news consolidation in the Bay Area, but it only rated a three paragraph burial story on page 2 of the daily digest page of the business section of Singleton’s only Bay Area daily “competitor,” the San Francisco Chronicle.

Its lively head says, “Chain consolidates newsroom operations,” which means in effect “please don’t read this story, it is damn boring.” Its boiler plate press release coverage says without blushing: “The consolidation of the papers, all owned by MediaNews Group (B3: Singleton) will result in job cuts as part of an effort to eliminate redundant positions, beef up online coverage and save money…The company said that it hopes attribution will cover the staff reductions, but added that layoffs may be necessary…Local news reporting will continue to be supervised by editors at each of the newspapers…” Wow, now that is real enterprise business reporting!

My source wrote by email:

“The following appears today in the business pages of at least the CCTimes and Oakland Trib. Times ran it below fold on pg. 1 of business section; Trib ran on an inside business page.

“I still have the image of Singleton standing in the city room of the Times at the time of the sale, saying staff and editorial direction for the various papers would remain in place. Hah. It won’t be long before there is but one newspaper to serve the East Bay, perhaps with zoned editions that are community specific.” (B3: my source, a veteran newsman who has lived in the county for years, has yet to be wrong on any of his predictions.)

East Bay newspapers plan to consolidate news operations
Owner of Times says move will improve coverage, efficiency
By George Avalos
CONTRA COSTA TIMES
Article Launched: 07/27/2007 03:05:35 AM PDT

The company that owns the Times said it will consolidate the news operations of several East Bay newspapers as a way to improve coverage of the region and create a more efficient organization.
Starting Aug. 13, all employees of the East Bay papers affected will work under the umbrella of Bay Area News Group-East Bay, said John Armstrong, vice president of California Newspapers Partnership, which owns the publications.
“We are making this change, which integrates three entities into a single operation, to allow us to maximize our East Bay news-gathering capabilities,” said Armstrong, publisher of the Times.
The daily newspapers affected by the consolidation are the Contra Costa Times, Oakland Tribune, Tri-Valley Herald, Valley Times, San Ramon Valley Times, East County Times, West County Times, Hayward Daily Review, San Joaquin Herald, Fremont Argus and San Mateo County Times. A number of nondaily papers are also included.
The reorganization will “eliminate wasteful redundancies, streamline management and redirect staff and resources to our interactive services and other priorities, such as watchdog journalism,” Armstrong said in a memo he sent to employees of the newspapers.
Job cuts could materialize as a result of the consolidation.
“As we eliminate duplication of effort in our newsrooms, we will reduce the size of the editorial staff,” Armstrong stated. “It is our hope attrition will cover this reduction, but there is no guarantee that layoffs can be avoided.”
The combined newsrooms now have about 360 employees, said Kevin Keane, executive editor of the Times and vice president for news of the regional news group. Keane will become executive editor of Bay Area News Group-East Bay. Pete Wevurski, who had been editor of ANG Newspapers, will become managing editor of the new editorial organization, reporting to Keane.
The changes come as newspapers nationwide must wrestle with defections of advertisers and readers to the Internet.
“We need to start thinking of ourselves as information companies and not just as newspaper companies,” Keane said.
He said he believes the emerging news organization in the East Bay can deploy reporters and other news employees in a way to help the newspapers embrace a fast-changing digital world.
“We can put content online virtually 24 hours a day, seven days a week,” Keane said. “We can break news online around the clock.”
Although the restructuring of the news industry has brought about painful changes and may continue to do so, Keane suggested the changes also can bring plenty of upside.
“There are a lot of challenges in the newspaper business with advertising drifting away to the Internet,” Keane said. “There is also a lot of opportunity to do things in new ways. The challenge for us is to find a balance between our reader demands for online content with our core print business.”

Watchdog journalism? C’mon. For starters, the Singleton papers will be covering even fewer night meetings of the local city councils, planning commissions, school and community college boards, and other government agencies in the East Bay and Singletonland. And they sure as hell won’t be covering the news or selling ads in a competitive newspaper environment. Alas. Alas. B3, ever more annoyed to find that newspapers, even as monopolies, continue to do such a lousy job of covering the biggest local story on their turf (themselves)

Of people and plastics

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› sarah@sfbg.com

GREEN CITY Alan Weisman’s book The World Without Us begins with a funny but humbling exploration of what would happen to New York City if humans were gone, wiped out by a virus or a wizard who perfected a way to sterilize our sperm. "Or say that Jesus, or space aliens rapture us away, either to our heavenly glory, or to a zoo somewhere across the galaxy," Wiseman writes, launching into a delicious deconstruction of a great world city.

Without people to unblock the sewers or run the power stations, it wouldn’t take long, Weisman predicts, before the city flooded, streets cratered, weeds sprang up, pipes burst, and fires broke out.

"Collectively, New York’s architecture isn’t as combustible as, say, San Francisco’s incendiary row of clapboard Victorians," Weisman notes as he describes how, with no firefighters to answer the calls, fires triggered by lightning would engulf the city.

Over the following centuries, corrosion would periodically set off "time bombs left in petroleum tanks, chemical and power plants, and hundreds of dry cleaners," while outdoors a great return to wildness would occur, repopuutf8g the city with maturing forests, coyotes, wolves, "and a wily population of feral house cats."

Tracing the Big Apple’s demise through to the next ice age, Weisman concludes that "after the ice recedes, buried in geologic layers below will be an unnatural concentration of reddish metal, which briefly had assumed the form of wiring and plumbing."

Reached by phone, Weisman says he came up with his World Without Us fantasy after reading and writing about the environment for two decades, including stints covering Chernobyl and the melting of the Artic permafrost.

"I saw all this stuff and began to say, ‘Oh man, this hopeless,’ but then I stepped back and saw that there are places that are still untouched and beautiful and that even in Chernobyl, voles were throwing off bigger litters," he says.

Weisman’s book resulted from his struggle to find a way "to get people to read about environmental issues without saying, ‘Oh, forget it,’ and throwing away their newspapers." The author says his fantasy is intended to help people take a long view of our current challenges and begin to understand, for example, the profoundly serious impact of, say, plastic on our world.

He focuses on "the Great Pacific Garbage Patch," or the North Pacific subtropical gyre, as it’s officially known. It’s in this swirling sink, Weisman writes, that "nearly everything that blows into the water from half the Pacific Rim eventually ends up, spiraling slowly towards a widening horror of industrial excretion."

"They say it’s an enormous sump, and there are others on the planet where all the plastic ends up," Weisman says, noting that discarded plastic accounts for only 20 percent of the material in landfills, with the rest consisting mostly of construction debris and paper products. But unlike the Rocky Mountains, which are slowly, almost imperceptibly eroding and will end up in the ocean, plastic gets blown into the sea much faster.

"It’s only been around since World War II, but already it’s everywhere," Wiseman says of plastic, which has the featherweight ability, once broken into tiny particles, to ride global sea currents.

Weisman’s account should leave San Francisco proud to be the first US city to ban plastic bags, since these limp suckers apparently feature heavily in the oceanic sumps. But with the Great Pacific Garbage Patch measuring 10 million square miles in area (nearly the size of Africa) as of 2005 and six other tropical oceanic gyres swirling with ugly plastic debris — not to mention all the other environmental problems humans have caused — is it too late to heal our world?

Specuutf8g that microbes will eventually evolve to eat all our plastics — something that could take 100,000 years to occur — Weisman suggests a healing path that doesn’t require a world without us. "Green technology won’t be enough on its own," he notes. "The answer lies in lowering the number of humans on the planet. I don’t mean shoot ourselves, but that we don’t replace ourselves at same rate."

There are 6.6 billion people on the planet, and 9 billion are predicted by 2050. Weisman says that by restricting reproduction to one child per couple, "our population could shrink to 1.6 billion by 2100, and the world will be a better place." And in the meantime, don’t forget the reusable bags on your next trip to the grocery store.*

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

At the crossroads

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Part three in a Guardian series

› gwschulz@sfbg.com

San Francisco Ethics Commission executive director John St. Croix has admitted that his office knew in 2005 about the alleged laundering of public money into a San Francisco City College bond election campaign — well before the story broke in newspapers in April — but did nothing to investigate.

That startling revelation knits together two concurrent series that the Guardian has been running for the past two weeks: one on City College’s deceptive and unaccountable use of bond money and another on the uneasiness local watchdogs feel about the Ethics Commission’s ability and willingness to mete out balanced punishment to elections-law violators.

When news reports surfaced in April that City College allegedly had diverted up to $30,000 in public money to a bond election campaign committee, Chancellor Phil Day moved quickly to limit the fallout. So did independently elected trustee Rodel Rodis, who along with six other board members is responsible for controlling and managing the San Francisco Community College District.

During meetings organized that month to address the matter, Day came clean and blamed everything on a "relatively new" assistant vice chancellor. At least two trustees, one of whom had been recently elected, still wanted to know more about why it was allowed to happen. Rodis, on the other hand, complained that hiring an independent investigator at a cost of $75,000 to look into the matter was too expensive and framed the stories — written by San Francisco Chronicle investigate reporter Lance Williams — as an unfair attack on the college.

"Let’s be mindful that we’re still in a budget crisis and we still need to watch taxpayer money," Rodis said at one of the meetings.

Unlike Rodis, District Attorney Kamala Harris didn’t treat the allegations as insignificant and is now reportedly probing possible criminal violations in connection with the scandal. The investigation, Williams wrote recently, includes contributions made to the committee by contractors that did recent business with the school.

But where was the Ethics Commission during all of this? The controversy raises serious questions about why the agency never took any action against City College when, as its mission statement declares, its responsibility is to "actively enforce all ethics laws and rules, including campaign finance and open government laws."

Late in the commission’s July 9 meeting, St. Croix made the stunning admission that although his office knew about the allegations surrounding City College’s dubious handling of public funds all the way back in 2005, for some inexplicable reason it did nothing.

Staff shortages and poor financing have plagued the Ethics Commission since voters created it in 1993. Although the number of staffers has doubled during his three-year tenure, St. Croix nonetheless told the Guardian recently that his agency remains dependent on the public to help expose political candidates and campaign committees that break the law.

"We still rely on people and the city being watchdogs," St. Croix told us. "We’re supposed to be the eyes and ears for a lot of things, but we’re still extremely limited."

In this case, however, St. Croix’s office was well aware of allegations that City College bureaucrats had misappropriated public funds. The school’s Board of Trustees, along with Day’s office, created the Committee to Support Our City College in 2005 to convince voters to give the school $246.3 million in bond money to continue with a slate of capital works projects that began in 1997 and now are costing hundreds of millions of dollars more than anticipated.

The owner of a motorcycle training school claimed in a December 2005 letter to the Ethics Commission that he was told by the college to make a rent check for the regular use of school property payable to the committee instead of the school itself. Amazingly, the Ethics Commission pondered contacting the state’s Fair Political Practices Commission to disclose the allegations, which is the least it should have done, but never actually did so, as St. Croix has acknowledged only now.

"I take responsibility for that," St. Croix told us. "I don’t know who actually dropped the ball. But at the time we had less staff and there were a lot of things we were supposed to do and we weren’t doing."

Nor did the Ethics Commission contact the college to demand that it amend its campaign filings from that year to reflect the true source of that $10,000 payment and acknowledge itself rather than the motorcycle training school as a major contributor to the bond committee. St. Croix figured that could happen at the conclusion of the FPPC’s inquiry. Of course, the FPPC didn’t know about the allegations, at least not until the Ethics Commission finally contacted it in May, following the Chronicle‘s front-page stories.

The Ethics Commission’s lax approach to City College oversight also extends to trustees like Rodis, who has his own apparent campaign finance violations from his 2004 reelection campaign. That year, records show, his campaign failed to turn in three key election filings required to ensure that before heading to the ballot box, voters have a chance to see where candidates are getting their campaign money from. The commission sent his campaign several warning letters; just one of the filings finally arrived nine months later.

The trustee pointed to a campaign staffer when we contacted him regarding the tardy campaign statements. "We had someone working on the campaign who was supposed to do that," Rodis told us. "He indicated to us that everything was in order. We relied on him. We paid him. And then we found out later that he didn’t do what he was supposed to do…. It was one of those things that happen when you trust people."

The filing Rodis did manage to turn in shows that of the more than $44,000 he raised for his reelection effort that year, at least $1,700 had no identified donors, and other donations were marred by confusing data entry errors. An internal Ethics memo obtained by the Guardian that discusses the Rodis reelection campaign committee concludes that its poor reporting "appears to be a matter of willfulness and disregard for the law" and what belated filings do exist "present significant data problems." According to the memo, "Based on the record, significant questions remain regarding the true facts of the committee’s financing."

Rodis in 2004 won reelection to the board for the fourth time since he first became a trustee in 1991. According to our conservative estimates based only on the late filings, he could be liable for thousands of dollars in fines. *

The future of paper

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› annalee@techsploitation.com

TECHSPLOITATION Twenty years from now, paper will no longer be a tool for mass communication. Instead it will be a substance akin to plastic, a mere fabricated building material with industrial and consumer applications. At least, those were the thoughts that ran through my mind when I received a strange news release last week from a Finnish company called VTT, which trumpeted a business model that included developing new products based on what it called "printing technology" and "paper products." VTT has developed a prototype for bioactive paper that responds to enzymes and biomolecules by changing color. One idea is to use it in food packaging or air filters to get an early warning about toxins.

Weird innovations are great, but the most interesting part of this news release was about markets: "The goal is … to create new business for the paper industry … to introduce new innovations and market initiatives between the traditional ICT [information communication technology] and paper industries by combining IT, electronics and printing technologies."

Let us parse the high-flown language of commerce. VTT is saying the paper industry needs new markets, and high-tech, bioactive paper will help create them. But why? Obviously, paper has its uses — there are newspapers, magazines, notepads, and books to be printed! Why worry about making the stuff bioactive when you can just sell it to Random House or Conde Nast? You already know the answer. Print communication is dying out, and with it goes the paper industry. Over the past few months, I’ve witnessed the two biggest daily papers in my area, the San Francisco Chronicle and the San Jose Mercury News, announce budget cuts that will slash their staffs by one-quarter. What does that mean for the paper industry? Fewer orders for newsprint.

When Karl Marx wrote that every great historical event occurs twice — "first time as tragedy, second time as farce" — I doubt he had print media in mind. And yet the upset of the paper industry feels to me like the joke that comes after the tragedy of print media’s fast decline. Don’t get me wrong: I’m not one of those people who think that barbarians are storming the gates because anyone can publish their ramblings on MySpace instead of having to get David Remnick’s permission to publish their ramblings in the New Yorker. Still, I cannot help but feel wrenchingly bad when I think about what it will be like in the Mercury newsroom after a quarter of the editorial staff has left the building.

I won’t miss the paper, but I will miss the journalists.

What’s tragic is that print journalism has not tried to diversify its market as methodically as the paper industry has. Right now, VTT is just one of many companies trying to figure out cool new ways to use paper. But who is trying to figure out cool new ways to employ smart, highly trained print journalists? Maybe Dan Gillmor and a few other people running small nonprofits. But mostly, print journalists are having to figure the future out on their own.

Some will do what I’ve done, gradually moving from print media to online. I’ve gone from a print zine to an online zine to a weekly newspaper to print magazines to running a blog. This column you’re reading is syndicated to both print newspapers and Web sites. Nobody gave me guidance. No slick marketing dude from Finland came in and said, "Hey, maybe you should diversify and start creating bioactive journalism." Instead, I fumbled along on my own, trying to find the most stable place where I could settle down and write for a living. Other journalists won’t be as lucky or as willing to change. They may stop writing; they may become shills for the companies they once investigated; they may feel bitter or liberated or panicked. None of them deserve it. Somebody should have helped them get ready for this transition five years ago.

I live in a world where corporations care more about the future of paper than the futures of people who have made their living turning paper into a massive network of vital, important communications. This is not how technological change should work. You cannot discard a person the way you discard a market niche. That’s because people revolt. Especially journalists. *

Annalee Newitz is a surly media nerd looking for a few good geek journalists to help her run a blog. Serious nerd experience needed. Inquire within!

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